Sie sind auf Seite 1von 97

HINDUSTAN PERTOLEUM CORPORATIONM

( A Govt . of India Undertaking)

AVIATION SBU
8, SHOORJI VALLABHDAS MARG,
BALLARD ESTATE,
MUMBAI- 400 001

TENDER DOCUMENT

FOR

APPLICATION SOFTWARE

AND

LEAK DETECTION SYSTEM

FOR

10 ATF PIPELINE
This tender is floated in two bid system, in E-procurement mode for
Application Software and Leak Detection System, for 10 ATF pipeline
package system for our facility at Santacruz Aviation Service Facility
(Aviation SBU) as per the attached Terns and conditions mentioned
in Section A to D of the detailed tender document.

Contact person for technical clarifications:


Mr. N.V.Suryanarayana Raju
Manager- Aviation
Tel: 022-26156542
Cell: 99309 42277
nvsnraju@hpcl.co.in

Address of Work execution:


Hindustan Petroleum Corporation Ltd.
Santacruz Aviation Service Facility
Terminal 1A Santacruz Airport,
Mumbai 400 099

Bid submission Address for EMD OR BG of EMD:


HINDUSTAN PERTOLEUM CORPORATIONM
( A Govt . of India Undertaking)
HINDUSTAN BHAVAN
AVIATION SBU
8, SHOORJI VALLABHDAS MARG,
BALLARD ESTATE,
MUMBAI- 400 001

NOTE: UNPRICED TECHNICAL BID / PRICED BID SHALL BE


SUBMITTED ONLINE IN E-PROC WEBSITE
EARNEST MONEY DEPOSIT

Tender should be accompanied by EMD for Rs. 1,00,000/- (Rupees One


lakh only) by way of pay order /demand draft / Bank Guarantee on
any Nationalised / Scheduled bank (other than Co-operative Banks) in
India in favour of M/s Hindustan Petroleum Corporation Ltd, payable
at Mumbai. Cheques Money Orders, Cash etc. will not be accepted .
Tenders without EMD in the required form will be rejected. EMD of
unsuccessful tenderers will be refunded only after finalization of order
without any interest.

The EMD envelope, duly subscribing the envelope by quoting the tender
no. should be addressed and deposited in tender box before the due date
and well before the time of opening the tender online at the below
mentioned address:
Sr. Manager- BD
Aviation SBU
8, Shoorji Vallabhdas Marg,
Ballard Estate ,
Mumbai- 400 001
Note: Unpriced bid of Tenderers whose EMD is not received in
physical form alongwith the Integrity Pact (Duly signed ) shall not be
opened and will lead to outright rejection.

In case successful tenderer withdraws his offer/fails to take up the job, his
EMD will be forfeited and no claim whatsoever will be entertained.
Linking with earlier transactions/adjustments with pending bills, or any
other amount payble by the corporation is not allowed.
Earnest Money is liable to forfeiture in the event of:
i) Withdrwal of offers during the validity period of the offer.
ii) Non acceptance of orders when placed.
iii) On confirmation of acceptance of orders within the stipulated time after placement of
orders.
iv) Any unilateral revision made by the tenderer during the validity period of the offer.
Non execution of the document after acceptance of the contract due to anydispute of the
tenderers or any reason what
SECTION A
INSTRUCTION TO BIDDERS
PROPOSAL FORMS
HINDUSTAN PETROLEUM CORPORATION LIMITED

AVIATION SBU SANTACRUZ ASF

Tender for Application Software for Leak Detection System

INSTRUCTIONS TO BIDDERS
HINDUSTAN PETROLEUM CORPORATION LIMITED

AVIATION SBU SANTACRUZ ASF

Tender for Application Software for Leak Detection System

TABLE OF CONTENTS

A GENERAL ............................................................................................................................................... 7
1.0 INTRODUCTION: ..................................................................................................................................7
2.0 BRIEF SCOPE OF AS PER TENDER ENQUIRY: ................................................................................7
3.0 COST OF BIDDING ................................................................................................................................8
4.0 SITE VISIT ..............................................................................................................................................8
5.0 ACKNOWLEDGEMENT & CONFIRMATION ....................................................................................8
B BIDDING DOCUMENT, CLARIFICATIONS AND ADDENDUM .................................................... 9
6.0 BIDDING DOCUMENT .........................................................................................................................9
7.0 CLARIFICATION OF BIDDING DOCUMENT ....................................................................................9
8.0 AMENDMENT OF BIDDING DOCUMENT .........................................................................................9
9.0 CONFIDENTIALITY OF BIDDING DOCUMENT ............................................................................. 10
C PREPARATION OF BID ..................................................................................................................... 10
10.0 LANGUAGE OF BID ............................................................................................................................ 10
11.0 COMPLIANCE TO BID REQUIREMENT ........................................................................................... 10
12.0 DOCUMENTS COMPRISING BID ...................................................................................................... 11
13.0 BID PRICES .......................................................................................................................................... 11
14.0 CURRENCIES OF BID AND PAYMENT ............................................................................................ 12
15.0 BID VALIDITY ..................................................................................................................................... 12
16.0 EARNEST MONEY DEPOSIT / BID SECURITY ............................................................................... 13
17.0 CLAUSE NOT IN USE: ............................................................................................................................... 14
18.0 CLAUSE NOT IN USE .......................................................................................................................... 14
19.0 CLAUSE NOT USED .................................................................................................................................. 14
20.0 CLAUSE NOT IN USE ................................................................................................................................ 14
D BID SUBMISSION ............................................................................................................................... 14
21.0 BID SUBMISSION: ................................................................................................................................... 14
22.0 DEADLINE FOR SUBMISSION OF BIDS .......................................................................................... 14
23.0 LATE BIDS ........................................................................................................................................... 14
24.0 MODIFICATION AND WITHDRAWL OF BIDS................................................................................ 14
E BID OPENING AND EVALUATION ................................................................................................. 14
25.0 OPENING OF TECHNO-COMMERCIAL BIDS ................................................................................. 14
26.0 CLARIFICATION OF BIDS ................................................................................................................. 14
27.0 EVALUATION OF TECHNO-COMMERCIAL BIDS ......................................................................... 15
28.0 OPENING OF PRICE BID .................................................................................................................... 15
29.0 EVALUATION OF PRICE BIDS .......................................................................................................... 15
30.0 CONTACTING THE OWNER - HPCL ................................................................................................. 16
F PLACEMENT OF PURCHASE ORDER .......................................................................................... 16
31.0 OWNER'S RIGHT TO ACCEPT OR REJECT ANY BID ..................................................................... 16
32.0 NOTIFICATION OF PLACEMENT OF PURCHASE ORDER ........................................................... 16
33.0 PURCHASE ORDER/ CONTRACT: .............................................................................................................. 17
34.0 PERFORMANCE GUARANTEE ......................................................................................................... 17
HINDUSTAN PETROLEUM CORPORATION LIMITED

AVIATION SBU SANTACRUZ ASF

Tender for Application Software for Leak Detection System

A GENERAL
1.0 INTRODUCTION:
M/s Hindustan Petroleum Corporation Ltd. Is an Indian Public Sector
Undertaking, referred in short as HPCL. HPCL has also been referred to as
Company, Owner or Client in the Bid document. HPCLs Aviation SBU
owns and operates a 10 dia Aviation Turbine Fuel pipeline from HPCLs
refinery in Chembur Mumbai to Mumbai International Airport having length
of 19.5 KMs. The Pipeline passes thru BPCLs refinery in Chembur. At
Mumbai International airport this pipeline supplies product to HPCLs
Santacruz Aviation Service facility (ASF) and Indian Oils Sahar Aviation
Fuel Station(AFS). This tender is for Application Software for Leak
detection system for 10 ATF Pipeline Package on total turnkey lump sum
basis. The SCADA system, to be supplied by another HPCL vendor shall
be based on PLC and principle application shall be for real time flow
reconciliation to be done within PLC itself, basis data to be acquired from
despatch station and receiving stations flow meters besides some safety
logics. The PLC system server shall be sized to suit co-resident Application
software capable of Transient, Shut in Leak detection system along with
volume balance system. The PLC system supplied shall also have
telemetry interface between HPCL Refinerys Honeywell DCS, BPCL
Refinerys Yokogawa DCS or Rockwell PLC, Bidder supplied PLC at
HPCLs Santacruz ASF and IOCLs Sahar AFS (Optionally). Telemetry
Interface schematic is as per Annexure given in Section.D. For the purpose
of APPS LDS bidder it is to be noted that all their required data will be
available in PLC server within which their APPS software also shall be
installed and working. Data exchange between PLC database and APPS
database shall be over OPC server- client, wherein APPS database will
work as client OR any such industry standard protocol. (All works at IOC-
Sahar are tentative in nature and maynot be executed as per the decision
to be communicated to the successful bidder. Hence all activities at IOC-
Sahar shall be considered optional.)

2.0 BRIEF SCOPE OF AS PER TENDER ENQUIRY:


I. Design, Supply, site specific configuration, doing Leak sensitivity
study, Factory and Site testing enveloping live leak test, Installation
and commissioning of Application software to be co-resident in PLC
server to be provided at HPCLs Santacruz, (as per Server technical
specifications provided in Section D). PLC server shall be supplied
by HPCLs PLC vendor.
II. Factory training and Site training
HINDUSTAN PETROLEUM CORPORATION LIMITED

AVIATION SBU SANTACRUZ ASF

Tender for Application Software for Leak Detection System

III. Warranty support incl. software updation services for revision in


software for the duration of Warranty support
IV. Annual Maintenance support services incl. Software updation
services for revision in Software for the duration of AMC support
3.0 COST OF BIDDING
3.1 The Bidder shall bear all costs associated with the preparation and delivery
of its bid, including costs and expenses related to visits to the site,
participation in Bid opening sessions at owners premises and the OWNER
will in no case be responsible or liable for these costs regardless of the
outcome of the bidding process.
4.0 SITE VISIT
4.1 The Bidder is advised to visit and examine the work sites before quoting.
The cost of visiting the site shall be at Bidder's own expenses. Claims and
objections due to ignorance of existing conditions or due to the fact of not
making site visit prior to bidding will not be considered after submission of
the bid and during implementation.
4.2 The Bidder and any of his personnel or Agents will be granted permission
by the OWNER to enter upon their premises for the purpose of such
inspection, but only upon the explicit condition that the Bidder, his
personnel or agents will release and indemnify the OWNER and his
personnel and agents from and against all liability in respect thereof and
will be responsible for personnel injury (whether fatal or otherwise), loss of
or damage to property and any other loss, damage, cost and expenses
incurred as a result hereof. OWNER shall provide necessary guidance, if
required, in the form of guide only, to the Bidder(s) for the purpose of site
visit.

5.0 ACKNOWLEDGEMENT & CONFIRMATION


5.1 Within two days of receipt of Bidding Document by courier, Bidder shall
acknowledge the receipt and confirm his intention to bid for the tendered
work as per email to following email addresses. Vide such email
acknowledgment, Bidders can optionally seek Softcopy Microsoft word
version of all the Proposal Forms by giving explicit declaration letter on
their letter head that they shall not alter the content of the Proposal form
BUT only use the Format for just filling the information, as required. Such
request letter shall be send as letter signed/stamped/scanned by email to
following emails.
To: vikrammayee@hpcl.co.in
pvaska@hpcl.co.in
CC: rkrai@hpcl.co.on; nvsnraju@hpcl.co.in
HINDUSTAN PETROLEUM CORPORATION LIMITED

AVIATION SBU SANTACRUZ ASF

Tender for Application Software for Leak Detection System

B BIDDING DOCUMENT, CLARIFICATIONS AND ADDENDUM


6.0 BIDDING DOCUMENT
6.1 The Bidding Document should be read in conjunction with any addendum
issued in accordance with Clause 8.0. The Bidder is expected to examine
the Bidding Document, including all instructions, forms, terms,
specifications and drawings in the Bidding Document. Failure to furnish all
information required as per the Bidding Document or submission of a bid
not substantially responsive to the Bidding Document in every respect
would be critically evaluated and may result in the rejection of the Bid.
6.2 Bidding documents at all times remain the exclusive property of the
OWNER with a licence to the Bidder to use the Bidding Documents for the
limited purpose of submitting the bid.
7.0 CLARIFICATION OF BIDDING DOCUMENT
7.1 Bidders requiring any further information or clarification or query of the
Bidding Document may notify the HPCL in writing at the HPCLs mailing
address indicated in the Invitation for Bids, by letter. Such clarification or
query of the bidding document may also be sought by email to the following
addresses. The HPCL will respond in writing to any request for any
information or clarification or query of the Bidding Document, which it
receives up to the date mentioned in Bidding document. The HPCLs
response (including an explanation of the query) will be sent in writing by
email (without disclosing source of such query).
To: vikrammayee@hpcl.co.in
pvaska@hpcl.co.in
CC: rkrai@hpcl.co.on
nvsnraju@hpcl.co.in,

Clarification requests received within the last 5 days, prior to the Bid due
date, shall summarily be returned / unanswered.
8.0 AMENDMENT OF BIDDING DOCUMENT
8.1 At any time prior to the deadline for submission of bids as well as up to
priced bid opening, the HPCL may, for any reason whether at its own
initiative or in response to a clarification requested by Bidders, modify the
Bidding Document by amendment.
8.2 The amendment shall be part of the Bidding Document, and will be notified
in writing to all bidders by email in eproc website. Bidders on their part
have to visit the e-procurement website and view all corrigendums.
8.3 In order to accord bidders reasonable time in which to take the amendment
HINDUSTAN PETROLEUM CORPORATION LIMITED

AVIATION SBU SANTACRUZ ASF

Tender for Application Software for Leak Detection System

into account in preparing their bids, the HPCL may, at its discretion, extend
the deadline for the submission of Bids in accordance to clause 22.0.
9.0 CONFIDENTIALITY OF BIDDING DOCUMENT
9.1 The Bidding Document is and shall remain the exclusive property of the
HPCL without any right to Bidder to use them for any purpose except for
the purpose of Bidding.
9.2 On no account will any agency to whom Bidding Documents is furnished,
part with possession thereof or copy or take copies or tracings of any
drawing, plan etc. It should be understood that the information therein is
confidential, and that the Bidding Documents are therefore being furnished
to bidders in the strictest confidence.
C PREPARATION OF BID
10.0 LANGUAGE OF BID
10.1 The Bid prepared by the Bidder, all correspondence and documents
relating to the bid exchanged by the Bidder and the HPCL shall be written
in the English language.
11.0 COMPLIANCE TO BID REQUIREMENT
11.1 Owner expect Bidders compliance to requirement of Bidding Document
without any deviation. In any case, no exception or deviation shall be
accepted to the following stipulations/ conditions of Bidding Document,
failing which the bid shall be considered non-responsive and shall be
rejected, if bidder doesnot withdraw such stipulations / deviations.
i) Performance Bank Guarantee
ii) Termination
iii) Time Schedule
iv) Compensation for Delay
v) Arbitration
vi) Guarantees
vii) Schedule of Prices/ Rates
viii) Firm Price
ix) Validity of Bid & Bid Security
x) Scope of supply as specified in Point 2 above.
xi) Technical requirement as specified
xii) Scope of Supply as detailed in schedule of Prices
11.2 Deviation if felt absolutely necessary should be furnished in the techno-
HINDUSTAN PETROLEUM CORPORATION LIMITED

AVIATION SBU SANTACRUZ ASF

Tender for Application Software for Leak Detection System

commercial bid (and not in Bidding Document or price bid) as per the
format attached as per proposal FORM-L. Owner shall not take cognisance
of any deviation stipulated elsewhere in the bid. In case Bidder stipulate
deviations, Owner have the right to reject such bid at its absolute discretion
without giving any opportunity for such Bidder to make good such
deficiency.
12.0 DOCUMENTS COMPRISING BID
The Bid should be prepared by the Bidder and shall be submitted in two
parts viz. Part-I & Part-II, Only in ELECTRONIC FORM, by uploading in e-
procurement website.
12.1 :
PART - I - Techno-commercial/ Unpriced Bid
i) PART - II - Price Bid

12.2 TECHNO-COMMERCIAL/ UNPRICE BID


Bidder is advised that OWNER intend to fully evaluate the technical and
un-priced commercial submissions.
It is important that Bidder clearly demonstrates his ability by which OWNER
gets a level of confidence that the Bidder will be able to perform the works
within the Time Schedule and meeting the other requirements listed in the
Bidding Document. Failure to do so may result in disqualification of the Bid.
Bidder shall be narrative on his approach for execution of services. As a
minimum, the following shall be covered in techno-commercial part (Part-I)
of Bid: -

Bidder as a minimum shall download all the forms as form Proposal Forms
enclosed, fill it, sign and seal and scan and upload in e-proc Website.

12.3 PRICE BID


Price bid shall contain following:
i) Schedule of prices duly filled in as per formats, attached
electronically, given in the Bidding Documents duly completed in all
respects, shall be submitted in price bid forms of Bidding document.
No stipulation, deviation, terms & conditions, presumption, basis etc. shall
be stipulated in Price Part of the bid. Any condition if stipulated shall be
treated as null and void and shall render the bid liable for rejection.
13.0 BID PRICES
13.1 Prices must be filled in attached format for `Schedule of Prices'in hard
HINDUSTAN PETROLEUM CORPORATION LIMITED

AVIATION SBU SANTACRUZ ASF

Tender for Application Software for Leak Detection System

format only, enclosed as part of Bidding Document. If quoted in separate


typed sheets and any variation in item description, unit or quantity is
noticed, the bid is liable to be rejected.
13.2 Bidder shall quote for all the items of Schedule of Prices after careful
analysis of cost involved for the performance of the completed item
considering all parts of the Bidding Document. In case any activity though
specifically not covered in description of item under `Schedule of Prices'
but is required to complete Specifications, Standards, Drawings, , Special
Condition of Purchase, Agreed terms and conditions or any other part of
Bidding Document, the prices quoted shall deemed to be inclusive of cost
incurred for such activity.
13.3 All taxes and duties including Custom duty, and other levies including
Income Tax deduction at Source payable by the Contractor under the
Contract, or for any other cause, shall be indicated, separately in the
Schedule of Prices.
13.4 Prices quoted by the bidder, shall remain firm and fixed and valid until
completion of the Contract and will not be subject to variation on any
account.
13.5 The Bidder shall quote the prices in Price bid format only in e-proc web site
pages Alternative bids will not be considered.
14.0 CURRENCIES OF BID AND PAYMENT
Bids shall only be accepted if quoted in Indian rupees and all payments to
successful bidder shall be made in Indian Rupees by e-payment

15.0 BID VALIDITY


Bid submitted by Bidder shall remain valid for a minimum period of 90 Days from
the date of opening of Techno-Commercial (Part-I) Bids. Bidders shall not be
entitled during the said period of 90 days, without the consent in writing of the
OWNER, to revoke or cancel their Bid or to vary the Bid given or any term thereof.
In case of Bidders revoking or cancelling their Bid or varying any terms in regard
thereof without the consent of OWNER in writing, OWNER shall forfeit Bid
Security paid by them along with their bids.
15.1 HPCL may solicit the bidders consent to an extension of the period of
validity of bid. The request and the responses there to shall be made in
writing (or by email or letter). If the Bidder agrees to the extension request,
the validity of Bank Guarantee towards Bid Security shall also be suitably
extended. Bidders may refuse the request without forfeiting his Bid
Security. However, bidders agreeing to the request for extension of validity
of bid will not be permitted to modify the bid.
HINDUSTAN PETROLEUM CORPORATION LIMITED

AVIATION SBU SANTACRUZ ASF

Tender for Application Software for Leak Detection System

16.0 EARNEST MONEY DEPOSIT / BID SECURITY

16.1 Bidder may choose to give Bid security either in the form of Earnet Money
Deposit in the form of Demand Draft or Bank Gurantee form. In either case
the same should be deposited in Tender box of Aviation SBU at the
following address or send to the following address: Sr.Manager Aviation,
Aviation SBU, Hindustan Petroleum Corporation Limited, Hindustan
Bhavan, 8, Shoorji Vallabh das Marg, Ballard Estate, Mumbai 400 001
16.2 Bidder shall furnish, as part of its Bid, a Bid Security for an amount as
indicated in the Invitation for Bids. Government department/PSUs/ NSICs
are exempted from furnishing the bid security. The Bids not accompanied
with Bid Security or Bid Security not as per Performa given in the Bidding
Document shall be considered, as non-responsive and such Bids shall be
rejected.
16.3 The bid security (interest free) for the amount indicated an Invitation for
Bids shall be in the form of demand draft drawn on any scheduled bank in
favour of HPCL payable at MUMBAI or in the form of a bank guarantee to
be issued by Indian Nationalised Bank This bank guarantee shall be valid
for 6 months beyond validity of bid i.e.6 (six) months beyond deadline for
bid submission. Bid Security if submitted in the form of a bank Guarantee, it
shall be as per format FORM-B Annexure - I.
16.4 Bid securities of unsuccessful bidders, other than the Lowest (L1) Bidder
will be discharged or returned, as promptly as possible after Price Bid
Evaluation.
16.5 Bid Security of the successful Bidder will be discharged or returned upon
the Bidder's executing the Contract, and furnishing the performance
guarantee.
16.6 The bid security may be forfeited:
i) if a Bidder withdraws its bid during the period of Bid validity
specified by the Bidder on the Bid Form, or
ii) in case of a successful Bidder, if the Bidder fails, within the specified
period:
a. to accept the Purchase order placed.
b. to furnish the performance guarantee.
16.7 The bid security shall be In Indian Rupees only.
HINDUSTAN PETROLEUM CORPORATION LIMITED

AVIATION SBU SANTACRUZ ASF

Tender for Application Software for Leak Detection System

17.0 Clause not in use:


18.0 CLAUSE NOT IN USE

19.0 Clause not used

20.0 Clause not in use


D BID SUBMISSION
21.0 BID Submission:
Bid submission shall be done online in e-proc website of HPCL. Only the
EMD either in Demand draft form or in Bank guarantee form shall be
deposited in tender box, prior to Bid deadline date/time.

22.0 DEADLINE FOR SUBMISSION OF BIDS


22.1 Bids must be submitted by the time and date mentioned in the bid docuent.
22.2 The HPCL may, at its discretion, extend the deadline for submission of bids
by issuing an addendum in accordance with Clause 8.0, in which case all
rights and obligations of the Employer and the bidders previously subject to
the original deadline will thereafter be subject to the deadline as extended.
22.3 Request for Due date extension from bidders, received within 48 hours of
Due date/time shall not be considered
23.0 LATE BIDS
Bids cannot be submitted beyond the deadline specified in the tender
document
24.0 MODIFICATION AND WITHDRAWL OF BIDS
24.1 No bid shall be modified after the deadline for submission of bids.
E BID OPENING AND EVALUATION
25.0 OPENING OF TECHNO-COMMERCIAL BIDS
25.1 The Techno-commercial part of the Bid shall be opened, online, of all such
bidders whose Bid security in appropriate form of BG or EMD Demand draft
is received at HPCL end by the bid submission due date/time.
26.0 CLARIFICATION OF BIDS
26.1 HPCL , if necessary, will obtain clarifications on the Bid by requesting for
such information/ clarifications from any or all Bidders, either in writing, as
may be necessary, and the Bidders are advised to refrain from contacting
by any means HPCL and/or their employees / representatives on their own,
on matters related to Bids under consideration. Bidders will not be
permitted to change the substance of Bids after opening of Bids.
HINDUSTAN PETROLEUM CORPORATION LIMITED

AVIATION SBU SANTACRUZ ASF

Tender for Application Software for Leak Detection System

26.2 Bidder shall download the forms, fill it scan it and upload them on the
website..
27.0 EVALUATION OF TECHNO-COMMERCIAL BIDS
27.1 Prior to detailed evaluation of bids, the OWNER will determine whether
each bid (i) is accompanied by required bid securities; (ii) is substantially
responsive to the requirements of the bidding documents; and (iii) provides
any clarifications and/ or require pursuant to clause 26.0.
27.2 Technical evaluation of bidders for meeting criteria furnished in
PROPOSAL FORMS also the requirements of as per Technical
specifications shall be taken into consideration.
27.3 A substantially responsive bid is one, which conforms to all the terms and
conditions and requirements of the Bidding Document without material
deviation or reservation. A material deviation or reservation is one (i) which
affects in any substantial way the scope, quality, or performance of the
works; (ii) which limits in any substantial way, inconsistent with the Bidding
Documents, the Owners rights or Bidder' s obligation under the Contract; or
(iii) whose rectification would affect unfairly the competitive position of other
bidders presenting substantially responsive bids.
27.4 If bid is not substantially responsive, the HPCL will reject it.
27.5 HPCL reserves the right to use in-house information for assessment of
capability of Bidder/ Sub-contractor and their performance on last
completed job.
27.6 The analysis shall also take into account the concurrent commitments of
Bidder.
28.0 OPENING OF PRICE BID
Priced commercial part of only those bidders whose bids are considered
techno-commercially acceptable shall be opened. Bidders selected for
opening of their price bids shall be informed about the date of price bid
opening. Bidders may view online the price bid opening.
EVALUATION OF BIDS-TECHNICAL PART
Technical evaluation of bids for final price bid opening shall be based on
information sought as per Technical specifications enclosed.
29.0 EVALUATION OF PRICE BIDS

29.1 To arrive at the evaluated price, wherever applicable, loading on total


quoted price shall be done based on the information furnished by the
Bidder.
29.2 The bidder shall fill in rates for all the items mentioned in price bid. Items
for which no rate is entered by bidder, he will not be paid by HPCL for that
HINDUSTAN PETROLEUM CORPORATION LIMITED

AVIATION SBU SANTACRUZ ASF

Tender for Application Software for Leak Detection System

item when executed and shall be deemed covered by the other rates in the
price bid.
29.3 Any unsolicited/uncalled for lumsum / percentage or adhoc reduction in
prices after Unpriced Bid opening and prior to Price bid opening shall not
be considered in price evaluation. Any uncalled for lump sum/ percentage
or adhoc reduction in prices, offered by the Bidders after opening of the
prices, shall also not be considered in price evaluation. However, if such
offered reduction is from the Lowest Bidder basis the price evaluation, such
reduction shall then be taken into account for arriving at the contract value.
29.4 Any uncalled for lumpsum / percentage increase in prices after unpriced
bid opening or before/after priced bid opening shall not be considered.
29.5 Alternative Bids will not be considered.
30.0 CONTACTING THE OWNER - HPCL
30.1 Bidders are advised not to contact HPCL on any matter relating to its bid
from the time of Bid opening to the time Placement of Purchase order,
unless requested to in writing. Any effort by a Bidder to influence the
OWNER in any of the decision in respect of Bid evaluations or
PLACEMENT OF PURCHAE ORDER will result in the rejection of Bid.

F PLACEMENT OF PURCHASE ORDER

31.0 OWNER'S RIGHT TO ACCEPT OR REJECT ANY BID


31.1 The OWNER reserves the right to accept or reject any Bid and to annul the
Bidding process and reject all Bids at any time prior to award of PO,
without thereby incurring any liability to the affected Bidder or Bidders or
without any obligation to inform the affected Bidder or Bidders of the
grounds or the reasons for the OWNER' S action.
31.2 OWNER also reserves the right to negotiate the quoted prices before
award of work.
31.3 HPCL shall only place a single Purchase order for the entire scope of this
tender on one Single successful bidder only.

32.0 NOTIFICATION OF PLACEMENT OF PURCHASE ORDER


32.1 The OWNER will notify the successful Bidder in writing by Fax of Intent/
Letter of Acceptance that their bid has been accepted. The Letter of
Acceptance will constitute the formation of a PLACEMENT OF PURCHASE
ORDER until the detailed PURCHAE ORDER is released.
HINDUSTAN PETROLEUM CORPORATION LIMITED

AVIATION SBU SANTACRUZ ASF

Tender for Application Software for Leak Detection System

33.0 Purchase order/ Contract:


There shall not be any special and independent Contract documents for the
job. This bid document together with the annexed documents,
modifications, deletions agreed upon by the OWNER and bidders
acceptance as part of bidding process and the Detailed Purchase order
issued shall constitute a binding agreement between the successful
Bidder and the OWNER based on terms contained in the aforesaid
documents and the finally submitted and accepted prices.

33.1 The detailed Purchase order shall consist of the following:


i) Original Bidding Document along with its enclosures issued.
ii) Addendum/Corrigendum to original Bidding Document issued, if any.
iii) Fax/Letter of Intent.
iv) Detailed letter of Award/Acceptance along with Statement of Agreed
Variation (if any) and enclosures attached therewith.
34.0 PERFORMANCE GUARANTEE
34.1 Within fifteen (15) days from the date of notification of award of Purchase
order by the OWNER, the successful Bidder shall furnish the required
performance guarantee for an amount equal to TEN PERCENT of the total
Purchase order value in the form of a Bank Guarantee in accordance with
Special Conditions of Bid document.. Performance Guarantee shall be
submitted as per the FORM B Annexure II, of Bid document.
34.2 Failure of the successful bidder to comply with requirement of clauses 33
and 34.1 above shall constitute sufficient grounds for annulment of the
award of PO and forfeiture of bid security.
PROPOSAL FORMS

Page 1 of 20

Proposal Forms
INDEX

FORM -A CHECK LIST

FORM -B ANNEXURE-I: GUARANTEE IN LIEU OF EAREST


MONEY DEPOSIT

ANNEXURE-II: PERFORMANCE GUARANTEE

ANNEXURE-III: DECLARATION

FORM -C PROFORMA FOR SUBMISSION OF DETAILS OF SPECIFIC


EXPERIENCE AND ANNUAL TURNOVER DETAILS

FORM D PAST EXPERIENCE DURING LAST 5 YEARS

FORM E FORM NOT USED

FORM F DETAILS OF APPS-LDS SYSTEM

FORM G DETAILED EXECUTION PHILOSOPHY PROPOSED FOR JOB


UNDER CONSIDERATION

FORM H DETAILS OF PROPOSED ORGANISATION

FORM I CONCURRENT COMMITMENTS

FORM J NOT IN USE

FORM K CERTIFICATION FORM OEM THAT BIDDERs SYSTEM


INTEGARTOR STATUS

FORM L EXCEPTIONS AND DEVIATIONS

FORM M FOR BIDDER'


S QUERIES BY EMAILS

FORM N NOT IN USE

FORM O SOFTWARE TO BE SUPPLIED DETAILS

FORM P CERIFICATION FROM LEAK DETECTION SYSTEM SUB-VENDOR


ON SUB-VENDOR LETTER HEAD BY AUTHORIZED SIGNATORY

FORM Q FULL TECHNICAL DESCRIPTION OF


/ FLOW CHARTING, INCL DETAILS OF TYPE OF
MODEL, METHOD OF SOLVING, ITERATION OF HYDRALLIC
EQUATIONS ETC.,
DETAILS OF SOFTWARE INTERFACE, VARIABLE AND VARIABLE
ATTRIBUTES REQUIRED

FORM - R AGREED TERMS AND CONDITIONS

Page 2 of 20

Proposal Forms
FORM A
Check List

(for Bidders to assure themselves that they have made their bid in
comprehensive manner, to be submitted Signed / Stamped, along with Un price
d bid, Online)

S.No Description Yes / No or use


desctiption as
the case may be
1. Site visit is advised, prior to quoting, Refer Point.4 of ITB
2. Ack the receipt of bid document, by email is required
3. Bid security either in the form of BG or Earnet money in
the form of DD is must and mandatory, failing which bid
will get rejected
4. Bid security / EMD should be submitted in an envelope, to
be dropped in address given, well before Bid opening
time/date.
5 Bid shall be submitted prior to Bid submission
Deadline/Time or Extended Deadline/Time as
communicated, ONLINE else bid shall be treated LATE
FORMS: All Bid forms shall be signed and Sealed by
authorized Signatories as expected an indicated in the
Bid forms
6 Is Form A, Check List is submitted.
7 Is Form B/Annex I, verbatim used by Banker to give BG
for Bid security
8 Is Form B/ Annex II, reviewed for PBG submission by
Successful bidder
9 Is Form B/ Annex III, not banned/Delisted submitted

10 Is Form C detailing specific experienece for Application


Software being submitted with full requested information,
Application software LDS vendors individual projects of
reference
Completion certificates enclosed
Name of Project owner/Contact details Ph, Fax, email being
provided for the reference projectds
Read the Technical Rejection Criteira note in the form?

11 Form D is filled and submitted


12 Form I is submitted showing concurrent committements
13 Form K authorized System integrator certificate form APPS
LDS OEM submitted, IF BID IS FROM A NON APPS
VENDOR
14 Is bidder having any Deviations and Exceptions to HPCLs
tender terms and conditions, If so have they been clearly
Page 3 of 20

Proposal Forms
spelled out in FORM L. Any deviations and exceptions
mentioned elsewhere in bidders bid submission document
shall not be taken cognisance of by HPCL
15 Is bidder having any pre-bid submission queries? Have they
been send to HPCL contact email and clarifications
obtained, per Form M . All clarifications thus obtained
shall be signed and stamped and enclosed as part of
unpriced bid
16 Is software to be supplied has been detailed APPS vendor
along with version details/License type etc., in FORM O
17 FORM R: Agreed terms and conditions has significant
amount of Commercial information, hence shall be read
very carefully, filled and submitted
18 FORM P: Responsibility Matrix submitted
19 All Interfacing requirements have been reviewed and taken
into consideration in the quote
SPECIAL PURCHASE CONDITIONS / GENERAL
PURCHASE CONDITIONS
20 This section of tender has been carefully read by us and our
bid has been made inline with the same.
21 Taxes and duites, completion period, payment terms,
phased delivery, delayed payment reduction for phased
delivery in the section of Special purchase conditions has
been fully read and our unpriced bid as well as priced bid
are complaint to all these terms and conditions.

Page 4 of 20

Proposal Forms
FORM B
ANNEXURE - III

DECLARATION

(to be submitted along with unpriced bid)


(M/s. _________________________) hereby declare / clarify that we
have not been banned or delisted by any government or quasi
Government agencies or Public Sector Undertakings.

Stamp & Signature of the bidder

NOTE : If a bidder has been banned by any Government or quasi


Government agencies or PSUs, this fact must be clearly stated with
details. If this declaration is not given along with the unpriced bid, the
tender will be rejected as non-responsive.

Page 5 of 20

Proposal Forms
FORM-C

PROFORMA FOR SUBMISSION OF DETAILS OF SPECIFIC EXPERIENCE AND


ANNUAL TURNOVER DETAILS AS CALLED FOR IN TENDER DOCUMENT

----------------------------------------------------------------------------------------------------------------
S.No. Description Details
----------------------------------------------------------------------------------------------------------------

1. Name of Project, Location


i) Owner'
s / Client'
s Address,
ii) Fax/ Telephone No.

2. Description of work

3. Details of experience of Application software Leak detection system


Vendor / Sub-vendor name and Contact details:
Last three years for two exemplary projects
Details to be given Project I Project II
Project Name
Worksite address
Name of Owner
Name of Consultancy, if any
Details of software provided
What is type of Transient Modelling
Is it PQ or PP etc

Is quoted Modelling same as above?

Length of Pipeline
Contact Person of Owner
Is project completed?
Enclose Completion Certificate
What is the Database sizing that is being considered for exchange with PLC
data base for LDS purpose, as per tender specifications?
4. Total value of Contract Project I Project II
i) Awarded
ii) Final

5. Annual turnover for the last three financial years : 2009-10 2008-09 2007-08

Page 6 of 20

Proposal Forms
Enclose documentary proof

6. Documentary Evidence : Project I Project II


i) Copy of Work Order Submitted/ Not Submitted
ii) Copy of Completion Certificate Submitted/ Not Submitted
iii) Annual Turnover Statement Submitted/ Not Submitted

iv) Copy of Authorized System Integrator letter Submitted /Not Submitted


From APPS LDS OEM

The fourth documentary Evidence required only for Authorized System


Integrators bidding for the tender. Not required for OEM bidders

NOTE 1: Annual Turnover over statements for the last three years shall be
verifiable statement of annual accounts certified by a Chartered
Accountant, Public Accountant or Stock exchanges, in the form of
printed annual reports or similar document.

NOTE 2: Bidders demonstratable experience should be such as the following


as a minimum and evaluated as Technical rejection criteria
1. Leak detection vendor should have at least two pipelines in
India in operation with their offered Software
2. At least one of the Project completed and detailed above
should be such that the PO/Contract value of such project order
shall be at least equivalent to Rs.25 Lakhs
3. For all reference projects to be quoted above, the Purchase
order should be on the Bidders organization name only, in general.
Purchase orders on Sister concerns etc., shall not be acceptable.
APPS vendors in general do their work as sub-vendor to SCADA
vendor or PLC system vendor as principle vendor to them, in
which case they may not have Purchase order directly on their
name which shall be duly taken into consideration but they are
expected to submit completion certificate from the owner of the
pipeline, duly quoting the project name and PO placed on SCADA
or PLC vendor, as sign of having successfully executed and
commissioned the projects to be referenced above.

SIGNATURE OF THE BIDDER : ________________________________

NAME OF THE BIDDER : ________________________________

Page 7 of 20

Proposal Forms
FORM-D

PAST EXPERIENCE DURING LAST 5 YEARS

POSTAL
SL. SCHEDULE
ADDRESS OF ACTUAL
NO DESCRIPTION OF CONTRA STARTIN D REASONS FOR
CLIENT & NAME COMPLETI
. WORK CT VALUE G DATE COMPLETIO DELAY, IF ANY
OF OFFICER IN ON DATE
N DATE
CHARGE

SIGNATURE OF BIDDER : _______________________

NAME OF BIDDER : _______________________

Proposal Forms- 6948 Page 9 of 97


FORM F

DETAILS OF PROPOSED SYSTEM

The Bidder shall submit the details of all equipments to be supplied, in the
following format, proposed to be deployed for each part.
Product
Literature,
catalogues
If likely to be enclosed
purchased by Bidder,
S. Equipment Make &
Nos. expected date of
No. Description Model
purchase and delivery
Period

1. Application
Software/Leak
detection System
Trade name/Version
details etc

2 Working principle
like P-P modelling
or P-Q modelling

Note - 1. Makes and Models indicated shall be firm in nature and shall not be
altered upon becoming successful bidder/award of PO. Bidder is
expected to assure themselves about firm availability of the same,
prior to quoting

SIGNATURE OF BIDDER : _______________________

NAME OF BIDDER : _______________________

Proposal Forms Page 11 of 97


FORM-G

DETAILED EXECUTION PHILOSPHY PROPOSED FOR JOB

NAME OF WORK :

TENDER NO :

WHETHER TO BE CARRIED OUT


S. IN-HOUSE/OUTSOURCING WITH
NO. DESCRIPTION NAME OF PROPOSED SUB-
CONTRACTOR
1.

2.

3.

4.

5.

6.

7.

NOTE: 1. Bidder to give a detailed write-up on all above activities chapter


wise and will be evaluated by OWNER.
2. In case bid is on consortium basis, responsibility of member/
leader shall be clearly defined.
3. Any identified sub-vendor especially for Application
software system shall be clearly indicated

SIGNATURE OF THE BIDDER :______________________________

NAME OF THE BIDDER :_______________________________

Proposal Forms Page 12 of 97


FORM-H

DETAILS OF PROPOSED ORGANISATION

NAME OF WORK :

BIDDING DOCUMENT NO. :

The Bidder shall submit herein details of Head Office and Project/Site
Organisation proposed to be deployed for execution of the work. Bidder shall
also furnish the bio-data of Site-in-Charge and key personnel to be deployed.

Bidder understand that the said proposal represents the minimum deployment
and the Bidder acknowledges that the said deployment may have to be
augmented with additional number and/or categories, if required if directed by
Engineer-in-Charge in order to compete the work within the completion
schedule and quoted lumpsum price.

SIGNATURE OF BIDDER : ________________________

NAME OF BIDDER : ________________________

Proposal Forms Page 13 of 97


FORM-I
CONCURRENT COMMITMENTS

NAME OF WORK :
TENDER NO :

SL. FULL POSTAL ADDRESS DESCRIPTIO DATE OF SCHEDULED % AGE EXPECTED


NO. OF OFFICER-IN-CHARGE / N OF THE VALUE OF COMMEN COMPLETIO COMPL DATE OR REMARKS
CONTRACT PERSON WITH
WORK CONTRAC CEMENT N PERIOD ETION ACTUAL
FAX/TELEPHONE/
CONTACT PERSON WITH T WORK AS ON DATE OF
FAX/ TELEPHONE NOS. DATE OMPLETION

SIGNATURE OF BIDDER : __________________________________

NAME OF BIDDER : _________________________________

Proposal Forms Page 14 of 97


Form K

Memorandum of Understanding
(Between Application software OEM and Bidder, provided they
have worked in such relation in the Past projects, as mentioned
in FORM C)

Proposal Forms
Page 15 of 97
FORM L

EXCEPTIONS AND DEVIATIONS

SL. BIDDING DOCUMENT SUBJECT DEVIATION


NO REFERENCE
.
VOLUME PAGE CLAUSE
NO. NO.

NOTE : 1. If unavoidable, Bidder may stipulate deviations to the


requirements of the Bidding Document only in this format.

2. Bidder shall furnish Technical and Commercial


deviations, if any, separately.

3. Any deviations stated elsewhere in the bid shall not be taken


into account and may render the bid non-responsive and
liable to be rejected.

STAMP & SIGNATURE OF BIDDER :_______________________

NAME OF BIDDER : _______________________

Proposal Forms
Page 16 of 97
FORM-M

FOR BIDDER'S QUERIES

SL. REFERENCE OF BIDDING BIDDER'S `QUERY


NO. DOCUMENT OWNER'S REPLY

PART Pag Claus Subject


/ e e No.
VOL. No.

NOTE: The Pre-Bid Queries may be sent by email at emails specified tender
document or put in the E-proc website

SIGNATURE OF BIDDER : ___________________________

NAME OF BIDDER : ___________________________

Proposal Forms
Page 17 of 97
FORM O
Software to be supplied details

S.No Description Purpose it License type Limitations


serves in the (Single user / (Database
system Network use Limitation /
/ Dongle Interface
control etc.,) limitations /
Protocol
support
limitations
etc.,)
OPC or Other
interface Sofware
for communicating
with Leak detection
System
Leak detection and
Application sofware
Leak detection and
Application
Software HMI
(For cost optimisation
APPS vendor may
consider not to
provide any MMI
software from them
and MMIs can be
built in PLC MMIs)
Any other software
Communication
Modules firware, for
any hardware based
interfaces between
APPS and PLC, if
so required

Proposal Forms
Page 18 of 97
Form P
CERIFICATION from Leak Detection System sub-vendor on Sub-
vendor letter head by Authorized signatory
We, the OEM of Leak detection software (LDS)with trade name as/ version details
Model..hereby certify that we are working for the HPCL proejct as per
tender scope details of tender document reference.., as subvendor to M/s
, the PLC OEM/System Integrator M/s
.., who shall be the priniciple bidder.

We have also reviewed the PLC server specifications and Windows OS specifiction being
in this tender document and same meets our requirement to supply LDS cum Application
sofwre as co-resident software on the same server machine.

We have also reviewed the payments terms of HPCL, which are as under and agree to
abide by the same and shall not allow commercial issues between Principle bidder and
/or PLC vendor of HPCL and our selves becoming determinatal for timely completion of
the Project and have reviewed the project timelines.

Payment terms for Leak detection


software

..
Project timeline, major milestones agreed with PLC system integrator w.r.t LDS system
supply are as under:

Submission of Functional Design Specifications Document: :In .Weeks from


LOI of HPCL forno of weeks

LDS configuration and in-house testing: :In .Weeks from LOI of HPCL
forno of weeks

FAT as part of PLC system FAT: :In .Weeks from LOI of HPCL forno of
weeks

PLC System fully functional: :In .Weeks from LOI of HPCL forno of
weeks

Site tuning of Leak detection software:In .Weeks from LOI of HPCL


forno of weeks

SAT of Integrated System: :In .Weeks from LOI of HPCL forno of


weeks

Factory training:_____________Manweeks at OEM Training centre

Site Training:______________Manweeks at Site on running system


Sign and Seal of LDS System Sub-Vendor

Proposal Forms
Page 19 of 97
FORM Q

FULL TECHNICAL DESCRIPTION OF / FLOW CHARTING, INCL DETAILS OF


TYPE OF MODEL, METHOD OF SOLVING, ITERATION OF HYDRALLIC
EQUATIONS ETC.,

DETAILS OF SOFTWARE INTERFACE, VARIABLE AND VARIABLE


ATTRIBUTES REQUIRED

Proposal Forms
Page 20 of 97
FORM R
AGREED TERMS AND CONDITIONS
This questionnaire duly filled shall be returned along with each copy of Un-priced bid.
Clauses confirmed hereunder should not be repeated in the bid. ALL THE COMMERCIAL
TERMS AND CONDITIONS SHOULD BE INDICATED IN THIS FORMAT ONLY. ANY
CONTRADICTIONS TO THESE CONDITIONS GIVEN ELSEWHERE IN THE OFFER.

S.NO. DESCRIPTION BIDDER'S CONFIRMATION


1 Confirm Your Offer is in complete compliance
with the scope of supplies, configuration work,
installation and testing, FAT and SAT as
specified in the Bid document
2 Confirm you have quoted your prices strictly in
the applicable Price schedule format (enclosed
in the E-Procurment Bid document).
3
(i) Confirm that You shall furnish Contract
Performance Bank Guarantee (Performance
Security) as per terms of Bid document.
(ii) Confirm acceptance of contractual
completion period as specified in the
SPECIAL PURCHASE TERMS AND
CONDITIONS Phase delivery and payments
there of getting penalized due to any delay in
supply of phased delivery of SOR items
CLAUSE of the Bid Document.
(iii), Confirm that Your offer will remain Valid
for acceptance for a period of 90 days from the
Bid due date or extended due date (if the
same is extended).
(iv) Confirm that the quoted prices shall
remain FIRM AND FIXED till complete
execution of Order
(v) Confirm that Guarantee /Warranty shall be
as per specified in Bid Document
(vi) Confirm acceptance of Price Reduction for
delay in completion as per of Bid document.
Confirm applicability of same of Phased
delivery of SOR items as specified in the
Tender document
(vii) Confirm total acceptance to Payment
Terms as per Special Conditions of Contract
4 Confirm Terms related to Taxes and Duties
shall be as per Provisions of Bid document and
filled as advised at the end of this document

Indicate Sales Tax, if applicable: _______

Proposal Forms
Page 21 of 97
S.NO. DESCRIPTION BIDDER'S CONFIRMATION

Indicate Octroi if applicable:__________

Indicate VAT, if applicable

Indicate if applicable WCT: _________

Indicate if applicable Service Tax:_____

Indicate any other taxes and Duties_____

Confirm that your quoted rates against SOR


items is exclusive of above taxes and duties.

Some of the SOR items may not attract all the


taxes indicated above. Hence kindly indicate
which taxes are applicable on which specific
SOR item or part thereof. Given an Excel sheet
indicating what taxes are applicable on which
SOR item
5 The Bidder is required to state whether any of
the Director's Bidder is a relative of any Director
of Owner or the Bidder is a firm in which any
Director of Owner or his relative is a partner.
6 (a) Confirm acceptance in Toto of the Terms
and Conditions contained in the Bid document
including
(i) Instructions to Bidders
(ii) Special Conditions of Purchase
(iii) General Purchase conditions (GPC)

(b) Confirm acceptance of ARBITRATION


Clause
7 This clause is applicable for NSIC registered
suppliers
a. Are you registered with NSIC (copy of
registration to be attached if applicable )
b. NSIC Registration Certificate is valid up to
(provide date)
c. In case registered with NSIC, please confirm
whether the quoted item is included in the
registration certificate. Please also provide the
value limit given in NSIC certificate
d. Please confirm whether you have succeeded
in securing orders for same items, in
competition (i.e. without price preference) with
the large scale units during the preceding 12

Proposal Forms
Page 22 of 97
S.NO. DESCRIPTION BIDDER'S CONFIRMATION
months
8 Bidders to confirm that Income tax deduction at
source shall be done by HPCL on payments to
be made to successful bidder, at applicable
rates. Bidder to confirm his acceptance to the
same.
9 Bidder to confirm that they shall do the Contract
work as per Resonsibiltity matrix enclosed to
Annexure section of the tender document
9 APPS vendor to indicate in % terms for
Postwarranty Mainatenance contract as %
terms of SOR item no.1+2.
Bidders to note that their price bid shall be
evaluated by loading the price for 10 years
of unintruppted Post warranty support as
per the pricing given hereunder. However
Post warranty support orders shall be
placed year after year basis.

First year Postwarranty ______% ofSOR


itemno.1+2

Second year Postwarranty _____%of SOR of


item no.1+2

III year Postwarranty ______% ofSOR


itemno.1+2

Fourth year Postwarranty _____%of SOR of


item no.1+2

Fifth year Postwarranty _____%of SOR of item


no..1+2

Sixth year Postwarranty _____%of SOR of item


no..1+2

Seventh year Postwarranty _____%of SOR of


item no..1+2

Eighth year Postwarranty _____%of SOR of


item no..1+2

Ninth year Postwarranty _____%of SOR of


item no..1+2

Tenth year Postwarranty _____%of SOR of item


no..1+2

Indicate applicable taxes . Prices shall be firm

Proposal Forms
Page 23 of 97
S.NO. DESCRIPTION BIDDER'S CONFIRMATION
for upto five years after post warranty period, for
HPCL to consider placing PO directly.

HPCL has right to place the PO on year on year


basis before expiry of Post warranty period of
12 months from date of successful Integrated
SAT cum Leak simulation test result acceptance
by owner

Proposal Forms
Page 24 of 97
SECTION B

TECHNICAL SPECIFICATIONS
OF
THE APPLICATION SOFTWARE
AND
LEAK DETECTION SYSTEM
!
" #$ % " # ! &
# " # # & #
'& & ' ( & &
) ( *

$ + ,
- !"" #!$%&' " # #
& '
. /
0 - 1 #
+ 1 # # & && &
'
& &
& &

. 1 21 1 34 5 - +2 126 7 312 , '


8 24 9 8 2 '
& & & & &

% & ::3 # 8 ( 2 #
# 9 , & '
& + , &
# ::3 &
& # #::3 & & ::3
::3

/ & & & & &


: 1 & 9 3 &

; + - 1
+ 1 #) # ! *' !
# & < # 81 :
, & " # &
' 81 & (
2 = 2 2 38 4 ( 8 38 4 : 2 - 8 8 8 5 >

" & & & #


& ) 9 & 9 & *
& ) & ,
* & & 0 & # &
#' #( # & # & #) *
0 , " ?
& , & # & !& ?
#( # &

& & # & &


# # &
# " #'& & &' # "
#
& ' ' , ,
& & ! (
& #

$ , # & # #
9 9 & 9

. & ) ' & ' #*


# , ( &
& 9 9 & " & ' ,
& &
' # # '
& & &
,
& #( & , &
& , & 2
& & @ ' &
, ? &
& # & @ & ,
- 1'+ 1'- A 38

% # # &
' & ' , ' #'
' ' ' &
' & ( ( " &
& ' & ' #'
& &
/ & & 9 &
& & & !
& & & ! '
( & ,
&

; & & & '&


&

( #&)%*&" *+%&'

$$ & # #
& & ' &
,

$$ 8 ,' & &


9 & ! '
# , ,
& & ,
& , &

$$ & , & , & ' , )


=& * , ?

$$ " , )
& , *' ,
& & ' ,
& , &

$$ 3 , ' & & # #


, , 9
& &
, # &
, & , &
& & ' & , # ,
&

$$ , ? & ! ' 0 , (
& & , ?
& , &
$$ & &
& #
, # ! # , &
&

$$ : & @ & +
$$ & & & !
! & # ,
&
, & &
& ? & # ,
( & 0 #
& & ' #
( #

$$ & &
& # ,
& &

$$ , & & ( #' &'


& & & & & & &
? ( ,
& # & & ) *
, ? &
& ) *
& & & & #
& , ) & # & # ,' & #
# & * & & &
& , & & &
& & & & &
& ( & &

$$
& 9 # &

$$ ( 3 & #
& ' (
# & # & &
& , & & & , &
'

. ,

% , & ,
, ,
( &
& & , !
& , ,
& 9

/
# &
- 1 # + # 1
- ? 38 )+ ?
& - ?

- 1 # + 1 #
+ 1 # - ?
- ? 38
+ 1 # 38

; ' , & ! ,
& & !
,
&

B & ?
' ?
, 3 ?
, &
&
, & , &
,' & , #
& & '
# & & ' ,

C , & &
& , & &
, # &
& , ! &
& &
,

D ) *
& & & )
& *
& &
& & # D %E &
) & * & # )
& *
& # , &
& #% 2 &
' , &
& & , & &

# & &
, # & & &
& 1 #' #' # 1

3 # '& &
, & F
$ & ! # &
9 #9 9
' # , # & &

. : 0 & # & & '


, & & ? ? &
, & ' & ,
& # , # & #
& # # & &
#

% & & #
& ! & &
& , & &
& ,
& & #
, & & ' & '

/ ' 0 & &


& ( & & &
& & &
# & & & &
& & & &

& , # & #
& # & #

; , # & & & #


, # & ,
( & ) * #
, # & &
'
&
B , # & # ,
# & 9 ' 9 ' '
' &
# , , # & & #
, & #
, ) & 0 & ,
* &
, ' #
, &

C , & ,
& & ' ' &
, '& # '
' & ' & (
" & , &

D , # & &
? &
,
& &
& , ' &
" & # , &
& , # ,
, &
& ' # ,'
" # , &

#& ,
) & *' &
& &
' &
, & ) , & ' , , ? *'
& #

$ , & &
& , & &

. , # & ,
# , & &
& ) * &
# & (
& ,
# ,
& & ' # #'
' # # ,

% & & # :

/ # : !& & : & & &


" & ' &
&

,- *#$ *"*!"% & * . / #&!* 0 *#$ *&)%"%1%"2 " 2

B #' , 9 '
& ' '
& , ,
# #

C # # & #
0 , F

$D , # & & & ,


& , DG DD = 9 %&
# H9 % =& @
, # &
G DD , 9

$ ' , # & &


, ? 9$I & & , & %
&

$ , & , &
&

$$ # @ & #
, 0

$. # , # #
& & ,
& &
) * , ,
' ' &
( & &
$% & , ' &
" & # , &
& , # ,
, &
& ' # ,'
" # , &

$/ #& ,
) & *' &
& &
' &
, & ) , & ' , , ? *'
& #

$; , & 3 :1
& , & &

$B , # & ,
# , & &
& ) * &
# &
( &
, # ,
& & ' #
#' ' # # ,

$C & & # :

.D 2 = 24 3 3@3 > 7 >

. ' ( & &


, # & , &
' & ' & # ,
# # ::3
&

. 3 0 ' , # #) *
0 F

.$ # & ,
' 2 3 & ,
# # & &
& ) * & , )
& 3* & & 3
, ?' , ,
& & (3 '
&

.. & & & #


# & &
0
& ,

.% # 8 # #
, # #
& #

./ , # #
) 9 ' & 9 ' '
* & & ,
( & ,
" # & , & ,
# & #
, # & ,
& #

.;
&
&

.B & , # & & ,


# & ,
! ' #
& &
& , ( & ) *(
# ' &
*
& ? (
F

.C < , &
(

%D @ &
% & ( , # #
# #8 #
&
( " & (
, # #?
& , & ' &
,

% , # # & F

%$ 3 , # # , # &
' & &
#? & '
, & '
& ' & , & & ,
& ' &
& & # & & & # &
, & ,

%. 9 " & &


, & , & '
' ' & '& ' ' ' '
0 ' 0 '
& '
( , # #
, # & & &

%% , # &
& & ' # '
# , # # #
) , # &*

%/ 3 & & & ,


& #' &
& & # & ,
& & &
& & , # &
& & #
, # #

%; , & &
! # &
! ,
& # 9 , ) & *
& # & # ?

%B , 7 &
& ' & & '
& ' ' # # &
& ' '& & ,
) & * & & &
& ! & #
) # & * & #

%C # & &
1 7 91 & ,
1 7 91 & &&
, & #
&
! # ' & #
& & # & & &
& & #

/D 7 & &
& & ,
# & ! ,
, & ,
, ! ' & &
& 3 # & &
, ! # & &
, & & , &
, , ?' & ' #
& , '
' & & ,
# & &

/ , &
& @ B /
#

/ 7 2: 24 1> 3 38 4 : 8 7 2

/$ & # & (
& & F
/. 2 #F
/% #& #
& #1 & # & & ' # &
'
& 9
& # &

// #) 9 # * F

/; & & & !& &


& & & )
" * #& '
& &
& & 8 21 81
9 ' &

/B ' ' & ( # F

/C ' ' & ' #' #' #


& & 8 21 8 1

;D 3 & & # ( & F

; & & & &


& , & &
& &
# & '
& 3 & #
' & ( #& & (
& @ 3 & #
# & &
& 9 & &
' & #
# & ' '
& # #
& &

; , F

;$ , , ' , ( #
& #
& &
&
& ,
& & # &
& & '
8 21 81 &

;. & &
0 ' #
& # ) * &
& , & & #
J &

;% 18 7 1 =34 5 4 - 2 7 34 5
;/ , #
& &
#

;; & & ,
# " 3 &
' ' ' ' &
3 # && &
& - 1 + 1 #
& &
# & #
&
# & #
' ' ,
3 '
# &
& ' &
& ,&
# , &
& & & '
#& (3

;B

;C 3 '
#

3
& - 1 - A'- 1 + K A) &
- A' - 1 38 & #+ &
& & 3 & 38
& - A) #*' #
# & 38 3 & '
& ? & !

BD +
B &
&
B &
&
# ' & ' #' 0 (
" &
& #
' , # (
&9 & # (
B$ #
# 9
' & & 34
- 3 8 4 2L + - 3 : 2 4 +> 8 7 1 2 7 : 34 5 38 4 18 7
1 =9 - 2 7 34 5 4 7 1 - 21 4 = 2 3 3 18 7 1 =34 5 18 :
34 3@3 7 871 2 7: 38 4

B. ,
B% ,
' F
& & )* &
&
< &
7 &
7 ) & & #
* # & 0
# #& &
+ , , #

3 & ! ' &


& '
!
3 , & &
,
#

B/ # ::3
# & &
) # * ! & 1 &
# 3' & ' &
' & ' ' ' & '
! & ' &

B; & # & & #


# & &

, , &

BB & "
& # & #
&
# " 3 0
#
#F
+ # 0 3
+ #
3M %& ) & *N
+ #
3
+ # & #
3 + ? ! ? 3
4 #
0 3
# & ( ! &
M %& ) *N
BC &
# & &
&

CD + : #: : 3
C 3 &
& & & & '
( & & # &
# & #: : 3

C ,

C$ , & & & '


( , ) , 9 *
& & !

C. 9 34 21 2
& ! &
( # ::3
& 9 '
, ) ,' & , , ? ( , ( & '
, ' & *
# &
#
) # * , &
&
, ' ,
# &
3 & &
& !
# , (
, ' & # & ) ( #*
0 # &
&
& , 3 #
& # #
: : 3& & ' (

# & &
9 ::3 # '& '
& ' & &
9 9 ' ( , '
& 9 ' '8 ,
'< ' # & & ' #
& & &

& ) =& * L ! &


> ! ::3 &
# &
& & & ( ,
" # ::3 & &
: : 39 &
# &
& & 4 #
8 9 9 , # & (
1 7 , & ,

C% 9 " & F
& # ? : & &
, !
# '
# & ( # #
& 3' #' & &
# & ' , 398 &

& & ( &


( & " # '&
9 " ' & ! #
& &
#
(

# 9 " #
& , ) &
& O &
*'
# !

& )
* ( & "
! & &

# " #'
' & # &
' #

# & , & , & & #


# D & ) * 3 ,
#
& ) #
* & & & &
# &

C/ 12 8 1

) * '
& & &F
3 & # &
( &
& ) #' ,# *
,
#
, ( ,
, # & +
, '
&

' & #
& ) *' & # ,
) J J *
P P
1 # & 9 #9 & 9
# &

C; ::3
: : 3) *
# & & & & F
# ' ' & ' #'
)@ #' #' # *' &
' 3 #
, # & & ' &
)@ #' #' # *' &
' 3 #
, # & & ' & & ' ,
' & ' , ' , & '
, ' , , '
(
3 & # # & &
# #
# #
+ #
+ , #
+ & #: : 3

CB 8 7 : 24 38 4 F & & # & ? 398


' 39 ! '8 97 : '
8
& &
CC < 81
& ::3
?
: F & ? & #
# # & &
2 8
2 F 2 2 ( 8 # ( 2
, ' ' & ' & &
& '& '&
8
8 F & , & ' 2 ( 8 #
(

DD < 11 4 > ( 8 < 11 4 > 7 81


" & #( # 3 "
# # ( #
# # &

D 2 34 5 '34 38 4 ( 8 : : 3 38 4 34 5 F F

, # # & #
# #
#

,
3 &
1 3 # &

" & #-
&
Control Logics to be Provided in HPC-SCZ PLC

ATF I 0001: Allow HPFR pumping Start Intelock, thru and thru in HPC Pipeline
HPFR Operator Manual Input of having lined up the Tank and entering the TK no as input
HPFR operator Local or Remote operation of MOV HPFR = MOV1 to openstate
HPFR operator Makes the PCV , HPFR PCV - ready for operation thru DCS by
powering up.
BPCR operator Makes MOV .. to open state and MOV to close state, either locally or
remotely
HPCSCZ Engineer confirms the lineup of ATF Pipeline upto the Receipt tank and inputs
the Tank no. for receipt
(IFNOT)
HPCZ Engieern confirms the lineup of ATF Pipeline upto BPCL recript line
IOCSHR Engineer confirms the lineup of ATF Pipeline upto the Receipt tank and inputs
the Tank no. for recirpt

Allow BPCR Pumping Start Interlock, thru and thru in HPC Pipeline

Allow HPFR pumping Start Intelock, thru HPC/BPC Pipeline

Allow BPCR Pumping in ON Interlock, thru and thru in BPC Pipeline

Pipeline in running condition, hence do not allow any valves to be closed MOV close
Inhibit Interlock

Pipeline has gone into shut-in between HPFR to BPCR interlock

Pipeline has gone into shut-in between BPCR to HPC-SCZ/IOC-SHR interlock

Pipeline has gone into shut-in between HPC-SCZ to IOC-SHR interlock

Pipeline receipt is on to HPC-SCZ interlock, from HPFR, thru HPC Pipeline

Pipeline receipt is on to BPC-SCZ interlock, from HPFR, thru HPC Pipeline

Pipeline receipt is on to IOC-SHR interlock, from HPFR, thru HPC Pipeline

Pipeline receipt is on to HPC-SCZ interlock, from BPCR, thru HPC Pipeline

Pipeline receipt is on to BPC-SCZ interlock, from BPCR, thru HPC Pipeline

Pipeline receipt is on to IOC-SHR interlock, from BPCR, thru HPC Pipeline

Pipeline receipt is on to HPC-SCZ interlock, from HPFR, thru BPC Pipeline

Pipeline receipt is on to BPC-SCZ interlock, from HPFR, thru BPC Pipeline

Pipeline receipt is on to IOC-SHR interlock, from HPFR, thru BPC Pipeline


Pipeline receipt is on to HPC-SCZ interlock, from BPCR, thru BPC Pipeline

Pipeline receipt is on to BPC-SCZ interlock, from BPCR, thru BPC Pipeline

Pipeline receipt is on to IOC-SHR interlock, from BPCR, thru BPC Pipeline

Any APPS specifc Interlocks to be required shall be communicated by


successful bidder, within one week of placement of FOI.
SECTION C

SPECIAL CONDITIONS OF PURCHASE


GENERAL CONDITIONS OF PURCHASE
SPECIAL CONDITIONS OF PURCHASE

The following Clauses shall supplement the instructions to Bidders and General Purchase
Conditions. In case of any conflict between General Purchase Conditions and Special
Conditions of Purchase, the latter shall prevail to the extent applicable.

1.0 MODALITIES OF CONTRACTING


1.1 The Order shall be awarded on Single point total responsibility for all supplies and
Installation & Commissioning services (Works/services), i.e., for complete package specified
in the Bid Document covering, inter-alia, project management, design, engineering,
procurement, supply of all related goods and providing all related services including,
transportation to site, receiving at site, storage, keeping in safe custody, insurance other than
those included in Owners scope, installation, integration, testing, commissioning, training, site
acceptance test and warranty etc. of complete Application Software for Leak Detection
system for 10 ATF Pipeline on total turnkey lump sum basis.

Bidder, therefore, must quote for complete package on this basis.

1.2 The resulting contract shall be on single point Sole/Prime Vendor responsibility basis and
single Order will be placed on the Vendor in whose name the Bid Document has been
purchased, who will have single point responsibility for all contractual purposes. For
Application software Leak detection system, Bidders to identify their sub-vendor on FIRM
basis. Such identified sub-vendor cannot be changed by successful bidder upon award of
Purchase order / FOI. The status of all other vendor(s) referred / identified by the Vendor in
the offer, shall be that of Vendors sub-vendor / sub-supplier only. However, within one week
of Project Kick-off meeting with Successful Bidder, the successful bidder shall release all his
internal purchase orders to his sub-vendors and copies of these Purchase orders shall be
submitted to HPCL as sign of commencement of his procurement activities. Successful
bidder, if they so desire can blank out price portion of their internal purchase orders to be
submitted. Further it shall be followed up with submission of order acknowledgments from
sub-vendor.

1.3 It is further clearly understood by the Vendor that it is for the Vendor to ascertain and
assess the applicable Acts/ Regulations/ Laws etc. under the above modalities of contracting
entirely of their own. It is also for the Vendor to ascertain and assess the applicability of taxes,
duties, levies etc. In case of any difference of opinion between Vendors proposal and
interpretation by any tax/ assessing (or similar) authorities, on the rate or terms and conditions
related to taxes and duties etc, Owners liability , shall be strictly as per terms/provisions of
the contract based on bid document and Vendors offer.

2.0 BRIEF SCOPE OF WORK

2.1 Vendors scope of Work shall be in strict compliance with scope of work detailed in the Bid
Document on lump sum turnkey basis. It will include but not be limited to the following:

a) Design, Supply, site specific configuration, doing Leak sensitivity study, Factory and
Site testing, Installation and commissioning of Application software to be co-resident
in PLC server to be provided at HPCLs Santacruz, (as per Server technical
specifications provided in Section D). PLC server shall be supplied by HPCLs PLC
vendor.
b) Training requirements as specified in Bid Document.
c) Guarantee/Warranty requirements as specified in Bid Document.
d) All statutory clearance/approvals as may be required for execution of Work, as per
provisions of Tender document.
2.2 Bids not covering complete scope are liable for rejection.

3.0 LOCAL CONDITIONS


3.1 It will be imperative on each Vendor to fully inform himself of all local conditions and
factors (including transportation constraints/ restrictions, locations etc.) , which may have any
effect on the execution of the Works covered under these documents and specifications. In
their own interest, the Vendors shall also familiarise themselves with the Indian Income Tax
Act, the Companies Act, the Customs Act, Labour Laws and other related acts and laws
including those related to taxes/duties/ levies etc. prevalent in Maharastra and India. Owner
will not entertain any request for clarifications from the Vendors, regarding such local
conditions.
3.2 It must be understood and agreed that such local conditions and factors have properly
been Investigated and considered while submitting the bid. No claim for financial adjustment
on account of such local factors to the Contract / Purchase Order awarded under these
specifications and documents will be entertained by the Owner. Neither any change in the
time schedule of the Contract nor any financial adjustments arising thereof shall be permitted
by the Owner, which are based on Vendors lack of such information or its effect on the cost
of the Works to the Vendor.
3.3 Any statutory clearance / licenses required by the Vendor for execution of the contract
shall be arranged by Vendor at his cost.

4.0 PRICE BASIS & SCOPE

4.1 Vendors quoted lump sum and unit rate price where applicable, shall be for the entire
scope of work as specified in the Bid. Document on a turnkey basis, in the appropriate price
schedule format enclosed, broadly with the following break-up, with single point responsibility:

4.1.2.1 Supplies:

Supply portion of supplying Application Software for Application Software for


Leak Detection system having scope of Supply and Configuration services
Design, Supply, site specific configuration, doing Leak sensitivity study,
Factory and Site testing incl Live leak tests, Installation and commissioning of
Application software to be co-resident in PLC server to be provided at HPCLs
Santacruz, (as per Server technical specifications provided in Section D). PLC
server shall be supplied by HPCLs PLC vendor. Scope includes Trail run,
Factory and Site training w.r.t Production environment Software for Leak
detection system cum Application software including MMI to be supplied.

4.1.2.2 Services:

I. Services portion of supplying Application Software for turnkey


Implementation of Application Software for Leak Detection system having
scope of Supply and Configuration services Design, Supply, site specific
configuration, doing Leak sensitivity study, Factory and Site testing,
Installation and commissioning of Application software to be co-resident in
PLC server to be provided at HPCLs Santacruz, (as per Server technical
specifications provided in Section D). PLC server shall be supplied by HPCLs
PLC vendor. Scope includes Trail run, Factory and Site training w.r.t
Production environment Software for Leak detection system cum Application
software including MMI to be supplied.

.
4.1.2.5 Training:

Both Factory Training not less than 8 Mandays and Site training of not less than 10
Mandays on Leak Detection system / Application Sofware shall be deemed to be included in
the system services quote for Leak detection system.

Site training is expected to be done during the Trial run Period when vendors engineers
are expected to be available at site.

5.0 General

Vendors price break-up in accordance with as per price schedule format shall be solely for
the purpose of facilitating evaluation of bids and for payments to be released by Owner, and
will not in any way limit the Vendors single point total responsibility for the complete scope of
work and for Vendors all contractual responsibilities/obligations as stated in the Bid
Document.

6.0 BID PRICES

6.1 Quoted prices for supply/ services shall remain firm and fixed till complete execution of
order/contract except for statutory variation as are specifically permitted as per provisions of
bid document.

6.2 Quoted prices shall be inclusive of all testing and inspection requirements (including stage
wise and final inspection by Owner for which no extra charges shall be paid) as specified in
the bid document. Travel, personal and incidental expenses of Owner inspectors shall be
borne by the Owner. Personal and incidental expenses of Owner inspectors shall not be
borne by the vendor. However, all statutory inspection and testing requirements, if any, as
specified in the Tender specification, shall be complied to by the bidder at his own cost.

6.3 Vendors prices shall be deemed to include entire scope of Work and all obligations and
Responsibilities to be carried out/ executed by the Vendor on turnkey basis as per terms and
scope of work specified in the Bid Document.

6.4 Order for complete TURNKEY INSTRUMENTATION package shall be considered on a


single Vendor and Vendors quoted prices shall be based on the same.

6.5 Quoted prices must be net of discount, if any.

6.6 DOMESTIC BIDDERS :

6.6.1 Domestic Bidders shall quote their prices in Indian Rupees only.
6.6.2 Domestic Vendors total Lump sum price for Supply and Services of Application
software for Leak Detection system on turnkey basis shall be inclusive of import duties paid or
payable on the imported components and raw materials incorporated or to be incorporated in
the offered goods.

6.8 TAXES & DUTIES:

6.8.1 Domestic Bidders:

6.8.1.1 Bidders quoted prices shall be inclusive of all taxes, duties, cess, levies etc., paid
or payable on the software incorporated or to be incorporated in the offered finished goods,
packing and forwarding charges, but excluding applicable excise duty, education cess on
excise duty, sales tax/VAT and Service tax wherever applicable.

6.8.1.2 Bidder shall furnish the maximum amount of Excise Duty, Education Cess on excise
duty and sales tax/VAT applicable and payable extra on quoted finished goods. No
concessional form/C form for sales tax (for sale within the same state or interstate) will be
issued by HPCL. Owner will pay Excise duty, education cess on excise duty and sales
tax/VAT on finished goods at actuals against documentary evidence, limited to the maximum
amount of such Excise duty, education cess on excise duty and sales tax/VAT quoted by the
bidder. However, statutory variations in Excise duty, education cess on excise duty and sales
tax/VAT (limited to the maximum amount of Excise Duty, Education Cess on excise duty and
sales tax/VAT quoted by bidder) within the contractual completion period shall be to Owners
account as per the provision of bid document.

6.8.1.3 The statutory variation , if any, in Excise duty, Education Cess and Sales tax/ VAT
on finished goods, within the contractual completion period shall be to Purchasers account
against submission of the documentary evidence. However, any increase in the rate of these
taxes and duties beyond the contractual completion period shall be to Sellers account. Any
decrease in the rate of these taxes and duties shall be passed on to the Purchaser.

6.8.1.4 It is for the Bidder to assess and ascertain the rate of excise duty, education Cess
and sales tax/ VAT applicable on quoted items. It is clearly understood that Owner will not
have any additional liability towards payment of Excise Duty, Education Cess and Sales Tax/
VAT which is based on Bidder' s wrong assessment / interpretation of applicability of such
Excise Duty and/or education cess and / or Sales Tax/ VAT.

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

6.8.1.5 Octroi/Entry tax, if any, in the states of Maharastra/Mumbai in shall be directly paid by
the vendor, which shall be reimbursed by Owner at actual on submission of documentary
proof. Octroi Agent fees shall not be payable by owner.

6.8.1.6 HPCL shall not be liable, in case the tax authorities assesses the tax elements in a
different way on account of any reason, whatsoever.

6.8.1.7 Taxes and duties other than those specified in this document, if any, shall be
included in the quoted prices and no reimbursement shall be made by HPCL.

6.8.1.9 Owners liability with respect to taxes and duties will be restricted to the following
only:

(i) Excise duty, education cess on excise duty and sales tax/VAT as quoted by the
bidder. Further statutory variations in Excise Duty, Education Cess on E.D, Sales
tax/VAT, Customs duty is not anticipated to be paid by owner as bidder shall charge owner for
integrated system excise duty, sales tax and VAT etc as per the terms specified in this
section.
6.8.3 For Domestic Bidders:

6.8.3.1 Income/Corporate Tax:


(i) As regards the Indian Income Tax, surcharge on Income Tax, or any other Corporate Tax
payable by the Vendor for reason of the contract awarded, the Owner shall not bear any tax
liability whatsoever, irrespective of the mode of construction of contract. The Vendor shall be
liable and responsible for payment of such tax, if attracted under the provisions of Indian
Income Tax Act,

(ii) Vendor may note that if any tax is deductible at source as per Indian Income Tax Law, the
same will be so deducted before releasing any payment to the Vendor and a TDS (Tax
deducted at Source) certificate will be furnished to the Vendor. Accordingly, Vendor shall have
the responsibility to check and include such provisions of taxes in their prices.

6.8.3.2 Octroi/Entry Tax:

Octroi and/or Entry Tax, if any, in the states of Maharastra shall be directly paid by the
Vendor, which shall be reimbursed by Owner at actual on submission of documentary proof.

6.8.3.3 It is for Vendor to assess and ascertain the applicability of taxes, duties, levies etc.
applicable under the Contract. It is clearly understood that except for the specific provision
covered in these conditions, Owner will not have any liability, whatsoever, towards payment of
any taxes, duties, levies etc., including any variation thereof, till complete execution of the
Order/Contract. Owner will also not have any liability, whatsoever, on account of taxes, duties
levies etc. which are based on Vendors wrong assessment/interpretation of applicability of
such taxes and duties. It is further clearly understood that irrespective of
modalities/construction of Contract/ Order and/ or interpretation thereof by any tax (or similar)/
assessing authorities, subject to specific provisions covered under these Conditions, Owner
shall neither be responsible nor liable to pay any taxes, duties, levies etc. or variation thereof,
during complete execution of the Order/ Contract.

6.8.3.4 The Vendor agrees to and does hereby accept full and exclusive liability at his own
cost for the payment of any and all taxes, duties and levies etc., payable to any government,
local or statutory authority in any country outside India, as are now in force and/or as
hereinafter imposed, levied, increased or modified, and as are payable by Vendor (Vendor),
his agents, his sub-Vendors / subvendors and their employees etc. for the performance of
Work under the Contract and till complete execution of the Contract. The Vendor shall be
deemed to have been fully informed himself with respect to all liabilities on such account, and
considered the same in the quoted prices in his bid.

6.8.3.5 The Vendor also hereby accepts full and exclusive liability at his own cost towards any
and all contributions and taxes for unemployment compensation, insurance and old age
pensions or annuities now in force or hereinafter imposed by Indian Central or any State
Government Authorities which are imposed with respect to or covered by the wages, salaries,
or other compensations paid to the persons employed by the Vendor and the Vendor shall be
responsible for the compliance with all obligations and restrictions imposed by the Labour Law
or any other law affecting employer-employee relationship and the Vendor further agrees to
comply, and to secure the compliance of his all sub-Vendors with all applicable Central State,
Municipal and local laws and regulations and requirements of any Central, State or Local
Government agency or authority. Seller further agrees to defend, indemnify and hold Owner
harmless from any liability or penalty which may be imposed by the Central State or Local
authorities by reason of any violation by Seller or his sub-Vendor of such laws, regulations or
requirements and also from all claims, suits or proceedings that may be brought against
Owner arising under, growing out of, or by reason of the work provided for under the Contract,
by third parties, or by Central or State Government authorities or any administrative sub-
division thereof.

The Vendor shall be deemed to have been fully informed himself with respect to all liabilities
on account of above, and considered the same in the quoted prices in his bid.

6.8.3.6 If any tax is deductible at source as per Govt. laws, rules and regulations, the same
will be so deducted by Owner from Vendors bills before releasing the payments and
necessary certificate to that effect, will be issued.

6.8.3.7 In case of delay in delivery due to reasons attributable to Bidder, any new or additional
taxes or duties levied by statutory authorities during this period shall be borne by the Bidder.

7.0 COMPLETION PERIOD:

7.1 Complete TURNKEY supply and services for Application software for Leak detection
System for 10 ATF Pipeline package shall be handed over to Owner on turnkey basis after
successful supplies, engineering, integration, Factory Acceptance Testing and site
installation, testing, commissioning and Site Acceptance Test (SAT), within:

For Phase I of the Project,

Supply of Application Sofware, factory configuration, tuning, Leak sensitivity study and
Factory acceptance of Application software Leak detection system at Application Software
OEM premises, Within 1 months from the date of Fax of Intent..

Part Delayed delivery shall be applied, if delay occurs in supply of the system in this
Phase, as per Standard Delayed delivery clause applicable for SOR items 1 and 2

For Phase II of the Project

Factory testing of Appliction sofware as co-resident software in PLC vendors server at PLC
vendor works, with in 2 months from the date of Fax of Intent.

Part Delayed delivery shall be applied, if delay occurs in sitework of the system in this Phase,
as per Standard Delayed delivery clause applicable for SOR items 1 and 2

For Phase III of the Project

Completion of Independent SAT of PLC system, lasting form one week

Site Commissioning of Leak detection system, Site tuning, Live Leak simulation acceptance
test, trail run of 15 days. Within 3 months from the date of fax of intent

Part Delayed delivery shall be applied, if delay occurs in sitework of the system in this Phase,
as per Standard Delayed delivery clause applicable for SOR items 1&2

The overall Delayed delivery Penalization shall not exceed 5%, ie 10 weeks at % per
week basis. These many weeks could occur in any of the phases mentioned above.

The contractual completion date shall be the date of handing over after successful installation,
testing, commissioning and site acceptance test the Leak detection system at Site for all
Locations viz HPFR, BPCR, SCZ and IOC-Sahar (Optionally).
7.2 The bar chart(s) will be furnished for information only, and the contractual completion
period shall be governed by the terms as specified under Clause 7.1 above only. However,
the completion period furnished above shall be the contractual completion period for all
purposes mentioned in the bid document.

7.3 The completion period shall be reckoned from the date of Fax of Intent/Fax of confirmation
for implementation, as applicable.

7.4 The contractual warranty period commences from the date of completion of Successful
Trial run.

8.0 BID SECURITY

8.1 The Bidder shall furnish, as part of his bid, a bid security in original for the amount
specified in the Tender.

8.2 The bid security is required to protect the Owner against the risk of Bidders conduct,
which would warrant the securitys forfeiture.

8.3 The Bid Security shall be in the form of an irrevocable Bank Guarantee (in the format at
FORM B/Annexure I provided in proposal forms section) issued by any Indian Nationalised/
Scheduled Bank (other than Co-operative Bank). Bid Security shall be issued in favour of M/s
Hindustan Petroleum Corporation Limited, Mumbai.

8.4 Unsuccessful Bidders bid security will be discharged/returned as promptly as possible,


but not later than 60 days after the expiry of the period of bid validity prescribed by the Owner.

8.5 The successful Bidders bid security will be discharged upon the Bidders accepting the
Contract/ Purchase Order, and furnishing the Contract Performance Bank Guarantee.

8.6 The bid security may be forfeited:

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


or
b) In the case of a successful Bidder, if the Bidder fails or refuses to:

i) Accept the Purchase Order in accordance with agreed terms and conditions.
ii) Furnish Contract performance bank guarantee as per bid document/ Purchase
Order.

8.7 Bid Security should be in favour of Hindustan Petroleum Corporation Limited (HPCL) and
addressed to HPCL. However, original Bid Security along with Signed / stamped / sealed
Integrity pact should be enclosed separately in a sealed cover and the same should be
deposited in Tender box of Aviation SBU at the following address or send to the following
address: Sr.Manager Aviation, Aviation SBU, Hindustan Petroleum Corporation Limited,
Hindustan Bhavan, 8, Shoorji Vallabh das Marg, Ballard Estate, Mumbai 400 001. Bid
Security must indicate the Bid Document number and the item for which the Bidder is quoting.
This is essential to have proper co-relation at a later date. The Bid Security shall be strictly in
the form provided in the bid document.

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

8.10 Bid security shall be valid for Four months from the bid due date/extended bid due date.

9.0 CONTRACT PERFORMANCE BANK GUARANTEE [CPBG]

9.1 The following shall be read in conjunction with clause 29 of General Purchase Conditions
(Indigenous)

9.1.1 The successful Bidder, to whom the work is awarded, shall be required to furnish within
30 days of notification of award of contract (Letter/ Fax of Intent) a Performance Bank
Guarantee as per proforma attached herewith in favour of the Owner.

9.1.2 The CPBG amount shall be equal to TEN PERCENT (10%) of the Total Order Value.
This CPBG is required to be furnished towards the faithful performance of the Order in
accordance with the Terms and conditions specified in the documents and specifications.

9.2 In case of Domestic Bidders, the CPBG shall be in the form of an irrevocable Bank
Guarantee (in the format at Form B / Annexure-II in Proposal Form) issued by any Indian
Nationalised / Scheduled Bank (other than Co-operative Bank). Bank Guarantee shall be
issued in favour of M/s Hindustan Petroleum Corporation Limited

9.3 Bank Guarantees shall be valid for the entire period of the Contract, namely, till the end of
the guarantee / warranty period applicable shall initially be valid upto 2 years from the date of
order and subsequently extended/modified upto the guarantee / warranty period applicable for

9.4 The Total Order Value for this purpose shall be as under :
Total lump sum turnkey price including supply, transportation charges, Site work, all taxes &
duties on Software and Software configuration services as specified in the bid document, but
excluding Excise Duty+Education Cess, Sales Tax/VAT, Octroi/Entry Tax etc.,

9.5 The proceeds of Performance Security shall be appropriated by the owner as


compensation for any loss resulting from the Vendors failure to complete his obligations
under the Contract without prejudice to any of the rights or remedies the Owner may be
entitled to as per terms and conditions of Contract. The proceeds of this Performance Security
shall also govern the successful performance of Goods and Services and Vendors all
obligations during the entire period of Contractual Warrantee/ Guarantee.

9.6 In case, the Contract Performance Bank Guarantee stated above gets reduced/ deducted
for reasons of non fulfillment of any Contractual obligations upto the completion of guarantee
period, the vendor shall immediately take action to increase the value of Bank Guarantee to
TEN PERCENT (10%)

9.7 The Performance Guarantee will be returned to the vendor without any interest at the end
of the warranty / guarantee period subject to fulfilment of all contractual obligations by the
vendor.

9.8 Vendor shall guarantee that the performance of the EQUIPMENT supplied under the
CONTRACT shall be strictly in conformity with the specifications and shall perform the duties
specified under the CONTRACT.

10.0 PRICE REDUCTION FOR DELAY IN COMPLETION


10.1 In partial modification of the terms specified in the General Purchase conditions, in the
event of delay beyond the Contractual completion date for reasons not attributable to Owner
and not constituting conditions of force majeure, it will be at Owners discretion, without
prejudice to his other rights under the Contract, to accept delayed completion, but at the
prices reduced at the rate of 1/2% (half percent) of the total order value per week of delay or
part thereof, subject to a maximum of 5% (five percent) of the total order value.

10.2 Further, in case of delay in completion, the Vendor shall calculate the applicable price
reduction for delayed completion and raise their invoices net of the same.

10.3 The Total Order Value for this purpose shall be as under :
Total Lump sum price for complete Software supply and configuration services per SOR item
no. 1&2 including transportation charges, site work charges but excluding Excise Duty, Sales
Tax/VAT etc.,

10.4 Price reduction for delay will be applicable, in Phase wise manner, as specified in
Clause 7.0 above.

11.0 INSURANCE :

The bidder is expected to cover the risks of Project execution. The risks that are to be
covered under the Insurance shall include, but no be limited to the loss or damage in
handling, transit, theft, pilferage, riot, civil commotion, weather conditions, accidents of all
kinds, fire, war, risk, acts of terrorism, natural disaster etc. The scope of such Insurance shall
cover the entire value of the Works from time to time.

11.1.4 In respect equipment damaged in transit or during erection and commissioning, the
Vendor shall replace them expeditiously and the replacement cost payable by the Owner shall
be limited to the Invoice cost of damaged equipment.

In case of consignment received at the project site in outwardly sound condition of package
but if any shortage/damage is found on opening of such package, the liability for free
replacement will be accepted by the Vendor.

11.2 INSURANCE AND LABOUR

Contractor shall at his own expense obtain and maintain an insurance policy with a
Nationalised Insurance Company to the satisfaction of the Owner as provided hereunder.

11.2.1 EMPLOYEES STATE INSURACE ACT

i) The Contractor agrees to and does hereby accept full and exclusive liability for the
compliance with all obligations imposed by Employees State Insurance Act, 1948, and the
Contractor further agrees to defend indemnify and hold Owner harmless from any liability
or penalty which may be imposed by the Central, State or local authority by reason of any
asserted violation by Contractor, or sub-contractor of the employees State Insurance Act,
1948 and also from all claims, suits or proceedings that may be brought against the Owner
arising under, growing out of or by reason of the work provided for by this contract whether
brought by employees of the Contractor, by third parties or by Central or State Government
authority or any political sub-division thereof.

ii) The Contractor agrees to file with the Employees State Insurance Corporation, the
Declaration forms and all forms which may be required in respect of the Contractors or
sub-contractors employee whose aggregate remuneration is within the specified limit and
who are employed in the work provided or those covered by ESI Act under any amendment
to the Act from time to time.
The Contractor shall deduct and secure the agreement of the sub-contractor to deduct the
employees contribution as per the first schedule of the Employees State Insurance Act
from wages and affix the employees contribution cards at wages payment intervals. The
Contractor shall remit and secure the agreement of the sub-contractor to remit to the State
Bank of India, Employees State Insurance Corporation Account, the Employees
contribution as required by the Act.

iii) The Contractor agrees to maintain all records as required under the Act in respect of
employees and payments and the Contractor shall secure the agreement of the subcontractor
to maintain such records. Any expenses incurred for the contributions, making
contribution or maintaining records shall be to the Contractors or sub-contractors account.

iv) The Owner shall retain such sum as may be necessary from the total contract value until
the Contractor shall furnish satisfactory proof that all contributions as required by the
employees State Insurance Act, 1948, have been paid.

v) WORKMANS COMPENSATION AND EMPLOYEES LIABILITY INSURANCE

Provide Insurance for all the Contractors employees engaged in the performance of this
contract. If any of the work is sublet, the Contractor shall ensure that the sub-contractor
provides workmens compensation and Employers Liability Insurance for the Latters
employees who are not covered under the Contractors insurance.

vi) AUTOMOBILE LIABILITY INSURANCE

Contractor shall take out Insurance to cover all risks to owner for each of his vehicles
playing on works of this contract and these insurances shall be valid for the total contract
period. No extra payment will be made for this insurance. Owner shall not be liable for any
damage or loss not made good by the Insurance Company, should such damage or loss
result from unauthorized use of the vehicle. The provisions of the Motor Vehicle Act would
apply.

vii) FIRE INSURANCE

Contractor shall within two weeks after award of contract insure the Works. Plant and
Equipment and keep them insured until the final completion of the Contract against loss or
damage by accident, fire or any other cause with an insurance company to be approved by
the Employer / Consultant in the joint names of the Employer and the Contractor (name of
the former being placed first in the Policy). Such Policy shall cover the property of the
Employer only.

11.3 ANY OTHER INSURANCE REQUIRD UNDER LAW OR REGULATION OR BY OWNER

i. Contractor shall also provide and maintain any and all other insurance which may be
required under any law or regulations from time to time. He shall also carry and maintain
any other insurance which may be required by the Owner.

ii. The aforesaid insurance policy / policies shall provide that they shall be cancelled till the
Engineer-in-Charge has agreed to their cancellation.

iii. The Contractor shall satisfy to the Engineer-in-Charge / Site-in-Charge from time to time
that he has taken out all insurance policies referred to above and has paid the necessary
premium for keeping the policies alive till the expiry of the defects liability period.
iv The contractor shall ensure that similar insurance policies are taken out by his
subcontractor (if any) and shall be responsible for any claims or losses to the Owner resulting
from their failure to obtain adequate insurance protections in connection thereof. The
contractor shall produce or cause to be proceed by his sub-contractor (if any) as the case
may be, the relevant policy or policies and premium receipts as and when required by the
Engineer-in-Charge/Site-in-Charge.

v) Vendor shall also carry and maintain any and all other insurance(s) (including those
covered under clause no 28.0 of section-7:General Erection Conditions )which he may be
required under any law or regulation including third party liabilities from time to time without
any extra cost to Owner.

11.4 Accident or injury to Workmen:

Owner shall not be liable for or in respect of any damages or compensation payable at law in
respect or in consequence of any accident or injury to any workman or other person in the
employment of the Vendor or his subVendor, save and except an accident or injury resulting
from any act or default of the Owner, his agents or servants and the Vendor shall indemnify
and keep indemnified the Owner against all such damages and compensation (save and
except as aforesaid) and against all claims, demands, proceedings, costs, charges and
expenses, whatsoever in respect or in relation thereof.

12.0 INDEMNITY BOND

12.1 Till such time the complete TURNKEY Application sofware system Package is handed
over at site(s) to Owner after successful commissioning, the Vendor/Vendor shall be the sole
custodian of all goods on behalf of Owner, and will be responsible for safety, security,
storage, protection etc. till handing over of System. The Owner will have the Title of
Ownership for sofware on all such supplies/ Works performed as soon as any progressive
payments are made to the Vendor, and the Vendor shall not subject these Works for use
other then those intended under the Contract. Vendor shall furnish a corporate Indemnity
bond before the commencement of despatches, covering the total value of goods, valid till the
date of handing over of the system. Vendors authorised signatory shall sign the Indemnity
bond. Sofware license shall be issued in the name of HPCL name only. Issueing in the name
of bidder shall lead to non-payment or withholding of payment until license is issued in the
name of HPCL.

13.0 PAYMENT TERMS

All payments shall be released in 15 days time from date of submission of duly certified
bills by the Site-in-Charge.

Supplies & Services by Leak detection system Subvenor, ie applicable for SOR item
no.1 & 2:

5% on approval of Functional Design specification document for the Leak detection


System

10% on approval of Leak sensitity Study by OEM at their factory and submission of
Leak sensitity study document to Owner

35% on Completion of FAT of integrated system along with PLC vendor and
shippement of software to site
20% on completion of Field interfacing of System with PLC/Field instrumentation and
tuning

10% on completion Leak simulation test and detection as per Leak detection capability
specifications and Site tuning of models

20% on Completion of Integrated SAT of the system.

Notes :
(i) The bills of domestic vendors will be reduced by the amount recoverable towards Price
reduction for delay (Clause No. 10 of this Section) in case of delay in delivery. For this
purpose the Bidder shall negotiate the Invoice with the reduced amount.
(iI) Within 15 days after award of Contract, the Vendor will furnish a detailed billing schedule,
separately under different heads for Owners approval and Vendor shall raise his invoices
accordingly. Such billing schedule shall also be accompanied by their shipment/despatch
schedule.
(v) Only the charges of Owners Bank in India shall be to Owners account.
(vi) All payments shall be made in Indian Ruppees.
(vii) No Interest charges for delay in payments, if any, shall be payable by the Owner.
(viii) In case of Indian Bidder (Bidder), variation, if any, on account of foreign exchange rate
and/or customs duty on their built-in import content, as per terms of bid document, shall be
to bidder account only.

14.0 GUARANTEE / WARRANTY

14.1 In partial modification of the terms specified in the General Purchase Conditions, the
guarantee / warranty period for system to be supplied shall be 12(twelve) months from
the date of handing over of APPS Leak detection system at site after successful Installation,
Testing, commissioning and Site Acceptance Test/Trail run.

15.0 GENERAL ERECTIONS CONDITIONS

15.1 General erection conditions (Section 5) shall apply with the following modifications/
supplements:
15.1.1 All labour (both skilled and unskilled), material handling equipment,
construction/erection
equipment & aids, tools, tackle, scaffoldings and consumables etc. shall be arranged by
Vendor at his own cost.
15.1.2 As per Govt. Factory Acts of Maharastra, if it is necessary to have labour license, the
necessary labour licence shall be arranged/obtained by Vendor for his/his sub-Vendors
labour before starting the Work.
15.1.3 Vendor shall arrange for the necessary transport, accommodation, medical, canteen
and other facilities for their employees/staff at their own cost and abide by all labour laws,
safety codes and statutory regulations and keep Owner indemnified in respect thereof.
15.1.3 Vendor shall arrange and pay for all insurances as may be required under the law for
their employees.
15.1.4 Under Clause 28.0 of GEC, the words General Conditions of Contract shall be read
as Special Conditions of Purchase.

15.2 LABOUR AND LABOUR LAWS

15.2.1 The contractor shall at his own cost employ persons during the period of contract and
the persons so appointed shall not be construed under any circumstances to be in the
employment of the Owner.
15.2.2 All payments shall be made by the contractor to the labour employed by him in
accordance with the various rules and regulations stated above. The contractor shall keep the
Owner indemnified from any claims whatsoever inclusive of damages / costs or otherwise
arising from injuries or alleged injuries to or death of a person employed by the contractor or
damages or alleged damages to the property.
15.2.3 No labour below the age of eighteen years shall be employed on the work. The
Contractor shall not pay less than what is provided under the provisions of the contract labour
(Regulations and Abolition) Act, 1970 and the rules made there under and as may be
amended from time to time. He shall pay the required deposit under the Act appropriate to
the number of workman to be employed by him or through sub contractor and get himself
registered under the Act. He shall produce the required Certificates to the Owner before
commencement of the work. The Owner recognises only the Contractor and not his
subcontractor under the provision of act. The Contractor will have to submit daily a list of his
workforce. He will also keep the wage register at the work site or/and produce the same to
the Owner, whenever desired. A deposit may be taken by the Owner from the Contractor
to be refunded only after the Owner is satisfied that all workmen employed by the
Contractor have been fully paid for the period of work in Owners premises at rates equal to
or better than wages provided for under the Minimum Wages Act. The contractor shall be
responsible and liable for any complaints that may arise in this regard and the
consequences thereto.

15.2.4 The Contractor will comply with the provisions of the Employees Provident Fund Act
and the Family Pension Act as may be applicable and as amended from time to time.

15.2.5 The Contractor will comply with the provisions of the payment of Gratuity Act, 1972, as
may be applicable and as amended from time to time.

15.2.6 IMPLEMENTATION OF APPRENTICES ACT, 1961

The Contractor shall comply with the provisions of the Apprentices Act, 1961 and the Rules
and Orders issued thereunder from time to time. If he fails to do so, his failure will be a
breach of the contract and the Engineer-in-Charge may, at his discretion, cancel the
contract. The Contract shall also be liable for any pecuniary liability arising on account of
any violation by him of the provision of the Act.

15.2.7 MODEL RULES FOR LABOUR WELFARE

The Contractor shall at his own expenses comply with or cause be complied with Model
rules for Labour Welfare as appended to those conditions or rules framed by the
Government from time to time for the protection of health and for making sanitary
arrangements for worker employed directly or indirectly on the works. In case the
contractor fails to make arrangements as aforesaid the Engineer-in-Charge / Site-in-
Charge shall be entitled to do so and recover the cost thereof from the contractor.

16.0 OVERALL LIABILITY:

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

17.0 LIABILITY CLAUSE

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

18.0 REPEAT ORDER:

Repeat order shall applicable for items in SOR which are covered under unit rate of supply.
Same shall not be applicable for Lumpsum rate basis items.

19.0 PART ORDER OR SPLIT ORDER:

Owner has right to Split the Order of Application software to lowest bidder for the specific
SOR item.

If such Splitting of Purchase order is done, PLC bidder and APPS bidder shall adhere to role
responsibility matrix, enclosed in the Annexures

19.0 TERMS & CONDITIONS OF FREE ISSUE MATERIALS

Terms & conditions of Free Issue Materials:- For the items which will be free issued to
Vendor,
terms & conditions as specified in Section 5 shall be fully applicable during execution of
contract.
20.0 DEFINITIONS / NOTES

20.1 The terms Bidder, Contractor, `Seller; `Supplier or Vendor stated anywhere in the
Bid Document carry the same meaning.
20.2 The terms `Client, Owner, Purchaser stated any where in the Bid Document refer to
Hindustan Petroleum Corporation Limited (HPCL).
20.3 The term Contract, Order or Purchase Order stated anywhere in the Bid Document
carry the same meaning.
20.4 The term Work/ Works, unless contrary to the content, shall mean the provision of entire
supplies & services on turnkey basis by Vendor as per scope defined in the Bid Document.
20.5 Not used
20.6 General Purchase Conditions for Indigenous Equipment & Materials, is applicable for the
domestic Vendors.
20.7 The enclosed Agreed Terms and Conditions shall be duly filled in and enclosed with the
bids.
20.8 In the event of any contradictions between these Instructions to Vendors/Special
Conditions of Purchase and other Sections of Bid Document, the terms specified under this
Section shall prevail.
20.11 Any reference to the Govt. Acts / Regulations etc. in the Bid Document is only
indicative, and it is entirely for the Vendor to ascertain the applicable Acts/Regulations.
HINDUSTAN PETROLEUM CORPORATION LIMITED

AVIATION SBU SANTACRUZ ASF

GENERAL PURCHASE CONDITIONS


FOR INDIGENOUS EQUIPMENT & MATERIALS
INDEX
1. DEFINITION
2. REFERENCE FOR DOCUMENTATION
3. CONFIRMATION OF ORDER
4. SALES CONDITIONS
5. COMPLETE AGREEMENT
6. INSPECTION-CHECKING-TESTING
7. OFFICIAL INSTITUTIONAL TESTING
8. EXPEDITING
9. WEIGHTS AND MEASUREMENTS
10. DESPATCH INSTRUCTIONS
11. OILS & LUBRICANTS
12. SPARE PARTS
13. PACKING AND MARKING
14. SHIPMENT AND SHIPMENT NOTICES
15. CONTROL REGULATIONS
16. TRANSIT RISK
17. RESPECT FOR DELIVERY DATES
18. DELAYED DELIVERY
19. DELAYS DUE TO FORCE MAJEURE
20. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT
21. TRANSFER OF PROPERTY FROM THE VENDOR TO THE OWNER
22. PRICE
23. TERMS OF PAYMENT
24. INVOICING
25. RECOVERY OF SUMS DUE
26. CHANGES
27. CANCELLATION
28. PATENTS AND ROYALTIES
29. PERFORMANCE GUARANTEE
30. NONWAIVER
31. NON ASSIGNMENT
32. PART ORDER / REPEAT ORDER
33. VENDORS DRAWINGS AND DATA REQUIREMENT
34. TECHNICAL INFORMATION
35. SERVICES OF VENDORS PERSONNEL
36. VENDORS LIABILITY
37. OWNERS MATERIAL
38. HEADINGS
39. ARBITRATION
40. JURISDICTION
1. DEFINITIONS

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

The OWNER means Hindustan Petroleum Corporation Limited, a company


incorporated in India having its registered office at 17, Jamshedji Tata Road, Mumbai -
400 020, and shall include its successors and assignees.

"Goods / Materials": Goods and / or Materials shall mean any of the articles,
materials,machinery, equipments, supplies, drawings, data and other property and all
services including but not limited to design, delivery, installation, inspection, testing
and commissioning specified to complete the order.

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

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

"Procurement Coordinators / Managers and Consultants": Owners authorized


representatives appointed as Procurement Coordinator / Managers & Consultants'
.

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


Consultants.

"Project": Aviation SBU Santacruz ASFs ATF Pipeline re-routings Projectsof


HINDUSTAN PETROLEUM CORPORATION LIMITED.

'Total Order Value'shall he construed to include only basic rate, exclusive of duties /
taxes / freights etc. for the purpose of calculation of :

a) Price reduction on account of delay


b) Performance bank Guarantee Amount
c) Payment of advance, if any to be made.

2. REFERENCE FOR DOCUMENTATION


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

3. CONFIRMATION OF ORDER

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

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

5. COMPLETE AGREEMENT

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

6. INSPECTION-CHECKING-TESTING

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

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

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

The vendor shall inform Procurement Coordinators / Managers at least eight days in
advance of the exact place, date and time of rendering the equipment or materials for
required inspection.

Provide free access to inspectors during normal working hours to Vendor' s or his/its
sub-Vendor' s works and place at their disposal all useful means of performing,
checking, marking, testing, inspection and final stamping.

Even if the inspections and tests are fully carried out, Vendor would not be absolved to
any degree from his responsibilities to ensure that all equipments and materials
supplied comply strictly with requirements as per agreement both during construction,
at the lime of delivery, inspection, on arrival at site and after its erection or start-up and
guarantee period as stipulated in clause 29 hereof.

The Vendor' s responsibility will not be lessened to any degree due to any comments
made by Procurement Coordinators / Managers and Inspectors on the Vendor' s
drawings or by Inspectors witnessing any chemical or physical tests.

In any case, the equipment and materials must be in strict accordance with the
Purchase order and/or its attachments failing which the Owner shall have the right to
reject the goods and hold the Vendor liable for non-performance of contract.

7. OFFICIAL INSTITUTIONAL TESTING


In addition to testing and inspection by Inspectors mentioned above, nominated
agencies or similar institutional agencies like Boiler Inspectorate may be assigned for
official testing of all coded equipment. The Vendor shall ensure that all Procedures for
preparation and performance of tests prescribed by such Institutions shall be
completed scrupulously.

The Vendor is required to send to such institutions as may be designed by the Owner
at least three sets of construction drawings for each equipment and calculations. All
manufacturer' s mill'
s tests certificates and analytical reports from material laboratories
in respect of all raw materials and components employed shall have to be presented to
such institution's Inspectors in the number of copies required. Vendor shall be
responsible for any delay in submission of necessary certificates. The Vendor shall
maintain close liaison with Procurement Coordinators and Institution' s Inspectors to
maintain schedule and delay, if any in this process will not be taken into consideration
as a cause of Force Majeure.

8. EXPEDITING

Procurement Coordinators / Managers have been assigned to expedite both


manufacture and shipment of equipment and materials covered by the Purchase
Order. The Procurement Coordinators / Managers shall have free access to Vendor' s
shop and/or sub suppliers'shop at any time and they shall be provided all the
necessary assistance and information to help them perform their job.
In order to facilitate over-all execution of the order within the contractual delivery date,
Vendor shall furnish to Procurement Coordinators / Managers within 4 weeks of'
receipt of Purchase Order the required number of copies of documents such as, but
not limited to, schedules/pert charts. Unpriced copies of sub orders / sub-contracts,
phased program of item wise manufacturing, testing and delivery and any other
information / documentation as may be called for the correspondence procurement
coordinators / Managers. All post order shall be addressed to the

The Sr.Station Manager


Hindustan Petroleum Corporation Ltd.,
Santacruz Aviation Service Facility
Terminal 1A, Santacruz Airport,
Mumbai - 400 099
Email:rkrai@hpcl.co.in

9. WEIGHTS AND MEASUREMENTS

All weights and measurements recorded by Procurement Coordinators / Managers on


receipt of goods at site will be treated as final.

Vendor'
s shipping documents and invoices must contain the following data:

I) Unit net weight


II) Unit gross weight (packing included)
III) Dimensions of packing.

10. DESPATCH INSTRUCTIONS

10.1 Unless otherwise specifically advised in writing, goods shall not be despatched
without prior inspection, testing and Release Order / Materials Acceptance
Certificates issued by Inspectors.

10.2 In case despatch by rail is specified in the Purchase Order. Vendor shall exercise
due care and ensure that the consignment shall be booked under appropriate railway
classification, failing which, any additional freight incurred by Owner due to Vendor'
s
booking the material under a wrong classification shall be to Vendor' s account.

10.3 The goods shall be consigned in the name of consignee, which will be informed in
due course, by the most economical road transport as specified in Purchase Order.
Owners warehouse is open to receive Material between 9 AM and 3 P.M on all
working days. No goods will be accepted after 3 PM.

10.4 Owner / Procurement Coordinators / Managers reserve the right to advise any
change in despatching point / destination and / or mode of transport, as may be
required.

11. OILS & LUBRICANTS : Deleted

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

12. SPARE PARTS : Deleted

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

13. PACKING AND MARKING

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

All nozzles, pipes and all sheets shall be marked with strips bearing progressive
numbers.

All holes and openings as also all delicate surfaces, shall be carefully protected
against bad weather.

All threaded fittings shall be greased and provided with plastic caps.

All manufactured surface shall be painted with rust proof paint.

All small pieces shall be packed in cases.

The Vendor shall be held liable for all damages or breakage to the goods due to
detective or insufficient packing as well as for corrosion due to insufficient
protections.

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

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

14. SHIPMENT AND SHIPMENT NOTICES

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

Immediately after shipment, Vendor shall inform despatch particulars to Owner /


Procurement Coordinators as under

1. Copy of despatch advice to Senior Station Manager, HPCL, Santacruz ASF, Mumbai.

The Vendor shall carefully note the destination of materials.

The demurrage or other expenses incurred owing to any negligence, delay, default
on the part of the Vendor will be to Vendor'
s account.

15. CONTROL REGULATIONS

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

16. TRANSIT RISK

Transit Risk insurance shall be covered by the Owner. The Vendor shall advise the
despatch particulars to Procurement Coordinators / Managers immediately after
shipment.
17. RESPECT FOR DELIVERY DATES.

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

18. DELAYED DELIVERY

The time and date of delivery of stores / materials / equipment as stipulated in the
order shall be deemed to be the essence of contract. In case of delay in execution
of the order beyond the'date of delivery as stipulated in the order or any extension
sanctioned, the Owner may at his option either:

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


ONE percent (1/2%) of the value of any goods not delivered for every week of delay,
limited to a maximum of 5% OF TOTAL ORDER VALUE (for fractional days, Price
Reduction shall be applicable on pro-rata basis), or

ii) Cancel the order in part or full and purchase such cancelled quantities from
elsewhere on account and at the risk of Vendor, without prejudice to its rights under
(i) above in respect of goods delivered.

19. DELAYS DUE TO FORCE MAJEURE

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

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

20. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT

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

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

21. TRANSFER OF PROPERTY FROM THE VENDOR TO THE OWNER


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

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

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

21.3 Equipment sent freight carriage paid to the project Site: On arrival under lifting hook at
the job site.

21.4 Equipment erected by the Vendor on temporary acceptance at job site.

21.5 Equipment commissioned by the Vendor: On taking over by the Owner for regular
operation after test runs at maximum capacity for specified period satisfactorily
performed.

22. PRICE

Unless otherwise agreed to in the terms of the Purchase Order the price shall be :

(a) Firm and not subject to escalation for any reason whatsoever till the execution of
entire order, even though it might be necessary for the order execution to take longer
than the delivery period specified in the order.

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


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

Exclusive of Central / State sales Tax, Excise Duly and or such imposts which are
leviable by law on sale of finished goods to owner and / or Octroi duty if any leviable
at destination project site. The nature and extent of such levies shall be shown
separately.

23. TERMS OF PAYMENT

23.1 Payment against invoice shall be made on receipt of equipment / materials at site
against submission of following documents along with your Bill / Invoice:

i) Delivery Challan / Lorry Receipt


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

The financial settlement of Vendor'


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

23.2 Payment :- Payment shall be made in accordance with the following provisions. The
time for payment of invoices shall run only from the date of approval specified in the
order or from the date of receipt of Vendor's correct invoices, whichever is later.
Terms of payment of Owner are as follows which must be accepted by Vendor

INDIAN BIDDERS:

A. For supply items where there is no vendor data requirement specified in MR:

1. 90 % payment within 30 days of receipt of goods at site with full taxes, duties and
transportation charges against dispatch documents consisting of Purchaser /
Consultants inspection release note, invoice, packing list, LR / GR etc.
2. Balance 10 % payment within 30 days of receipt of goods at site and submission
of PBG for 10 % of total order value.

B. For supply items where vendor data requirement specified in MR:

1. 5 % on approval of drawings (identified in Purchase requisition in Code - 1)


2. 80 % payment within 30 days of receipt of goods at site with full taxes, duties and
transportation charges against dispatch documents consisting of Purchaser /
Consultants inspection release note, invoice, packing list, LR / GR etc.
3. Balance 15 % payment within 30 days of receipt of final drawings / document etc.
as specified in the material requisition, submission of PBG for 10 % of total order
value.

NOTE : Where site work is also in sellers scope , 3 above shall be as under:

4. Balance 15 % payment within 30 days of receipt of final drawings / document etc.


as specified in the material requisition, submission of PBG for 10 % of total order
value.

C. For supervision of Erection, Testing & Commissioning:

Payment shall be 100 % against monthly bills to be submitted by seller duly certified
by site in charge

D. For site work

1. 85 % pro rata of site work value against monthly progressive bills to be submitted by
seller duly certified by Purchasers/Consultants site in charge.
2. Balance 15 % of site work value shall be paid within 30 days after successful
completion of erection, testing and commissioning at site as per 4 above.
NOTE : Vendor shall be advised that invoices against B(ii) and D(I) shall be restricted to
maximum three number against supply & site works respectively.

24. INVOICING

Invoices and other documents such as TR/RR/GC note, delivery challan etc. shall be
sent as hereunder:
Original + 2 copies to Accounts Officer, HPCL, Santacruz ASF, Mumbai

25. RECOVERY OF SUMS DUE

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

26. CHANGES

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

27. CANCELLATION:

The Owner reserves the right to cancel this Purchase Order or any part thereof and
shall be entitled to rescind the contract wholly or in part in a written notice to the
Vendor if,

(i) The Vendor fails to comply with the terms of this Purchase Order.

(ii) The Vendor fails to deliver the goods on time and or replace the
Rejected goods promptly.

(iii) The Vendor becomes bankrupt or goes into liquidation.

(iv) The Vendor makes a general assignment for the benefit of creditors.
(v) A receiver is appointed for any of the property owned by the Vendor.

Upon receipt of the said cancellation notice, the Vendor shall discontinue all work on
the Purchase Order and matters connected with it.

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

The Vendor is aware that the said goods are required by the Owner for the ultimate
purpose of materials production and that non delivery may cause loss of production
and consequently loss of profit to the Owner, In the event of the Owner exercising the
option to claim damages for non-delivery other than by way of difference between the
market price and the contract price, the Vendor shall pay to the Owner the fair
compensation to be agreed upon between the Owner and the Vendor.

The provision of this clause shall not prejudice the right of tile Owner from invoking
the provisions of clause'Delayed Delivery as aforesaid.
28. PATENTS AND ROYALTIES

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

29. PERFORMANCE GUARANTEE

The Vendor shall guarantee that any and all materials used in execution of the
Purchase Order shall be in strict compliance with characteristics, requirements and
specifications agreed upon and that the same shall be free from any defects.
Checking of Vendor' s drawings by Procurement Coordinators/Managers and their
approval and permission to ship or despatch the equipment and materials, granted
by inspectors shall not relieve the Vendor of any part of his/its responsibilities of
proper fulfillment of the requirements. The Vendor will guarantee that all materials
and equipment shall be repaired or replaced as the case may be at his own expense
in case tile same have been found to be defective in respect of materials,
workmanship or smooth and rated operation within a period of 12 months after the
same have been put in service or 24 months from the date of shipment whichever is
earlier.
The guarantee period for the replacement part shall be twelve months starting from
the date on which the replacements are put in service. Acceptance by the Owner or
Inspectors of any equipment and materials or their replacement will not relieve the
Vendor of his/its responsibility concerning tile above guarantees. The Vendor shall
furnish a bank guarantee (as per proforma hereunder) to support Vendor' s
performance along with documents for the first consignment. This bank guarantee
shall remain in force for a period of 3 months beyond the Guarantee / Warranty
period covered by the performance guarantee.

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

30. NON WAIVER

Failure of the Owner/Procurement Coordinators/consultants to insist upon any of the


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

31. NON ASSIGNMENT


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

32. PART ORDER

Vendor hereby agrees to accept part orders at Owner'


s option without any limitation
whatsoever.

33. VENDOR'S DRAWINGS AND DATA REQUIREMENT :

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

34. TECHNICAL INFORMATION

Drawings, specifications & details shall be the property of the Owner and shall be
returned by the Vendor on demand. The Vendor shall not make use of drawing and
specifications for any purpose at any time save and except for the purpose of the
Owner.

The Vendor shall not disclose the technical information furnished to or gained by the
Vendor under or by virtue or as a result of the implementation of this Purchase Order
to any person, firm or body or corporate authority and shall make all endeavors to
ensure that the technical information is kept CONFIDENTIAL.

The technical information imparted and supplied to the Vendor by the Owner shall at
all times remain the absolute Property of the Owner.

35. SERVICES OF VENDOR'S PERSONNEL

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

36. VENDOR'S LIABILITY

The Vendor' s workmen or employees shall under no circumstances be deemed to be


in Owner' s employment and the Vendor shall hold himself responsible for any claim
or claims which they or their heirs. dependents, personal representatives may have
or make for damages or compensation for anything done or committed to be done in
the course of carrying out the work covered by this Purchase Order. whether arising
on Owner premises or elsewhere and agrees to indemnify the Owner against any
such claim or claims if made against the Owner and all cost ( between attorney and

client) of proceedings, suits or action which the Owner may incur / sustain in respect
of the same. The Vendor shall also procure and keep in force at his own cost
comprehensive Automobile Liability insurance for adequate. coverage in respect of
all his vehicles visiting or plying in project premises. The Vendor shall also be
responsible for compliance of existing laws in respect of their workman and
employees.

37. OWNER'S MATERIAL

(a) Owner' s material shall be delivered to the Vendor against submission of Bank
Guarantee for indemnifying the full value there of strictly in the manner and as per
proforma of bank Guarantee approved by the Owner.
(b) Wherever possible the material shall be consigned to Vendor' s siding. In the event
the Vendor does not have any siding, materials shall be consigned to the Public
siding/goods depot to be specifically confirmed by Vendor Loading / Unloading and
any handling from the siding/destination shall be arranged by the Vendor at his
responsibility and cost
(c) The Vendor shall give a firm and binding list of Owner issue materials and the
desired schedule of its delivery to Shop floor strictly in accordance with the sequence
of fabrication vis-a-vis the contract delivery period.
(d) Unused material or scrap from material supplied by the Owner to the Vendor shall be
returned by the Vendor to the Owner or if the owner so directs, the Vendor may
dispose of the same by sale or otherwise on such terms and conditions as the Owner
may stipulate and the Vendor shall pay to the owner the sale proceeds of the
material so disposed by sale deducting there from expenses incurred by the Vendor
on such sale, the quantum of such deduction to be mutually agreed upon in advance
between the Owner and the Vendor.

38. HEADINGS

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

39. ARBITRATION :

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

and to the Appointing Authority hereinafter mentioned, be referred for


adjudication to the Sole Arbitrator to be appointed as hereinafter provided.

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

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

4) Such another person nominated as the Sole Arbitrator shall be entitled to


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

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

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

7) The Arbitrator may give a composite or separate Award(s) in respect of each


dispute or difference referred to him and may also make interim award(s) if
necessary.

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

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

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

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


Corporation Limited.

12) Interim Arbitration. An arbitration may commence prior to issue of the


Certificate of Acceptance of the Work in any of the following circumstances :

a. Where a dispute or difference is finally settled pursuant to Article 27.3 either


Party may, if the other Party fails to comply with such settlement refer such
failure itself to Arbitration under Article 27.4,

b. If the dispute or difference relates to the entitlement of the Consultant to


issue of the Certificate of Acceptance of the Work; or

c. If this Contract is terminated.

Where a dispute or difference is finally settled pursuant to Article 27.3 either


Party may, if the other Party fails to comply with such settlement refer such
failure itself to Arbitration under Article 27.4, and such Arbitration may
commence prior to the issue of the Certificate of Acceptance of the Work.

13) Resolution of dispute or differences between Indian Public Sector


Enterprises/ Government Departments :

If the supplier is a Public Sector Enterprise in India, the procedure detailed in


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

40. JURISDICTION

The Vendor hereby agrees that the Courts, situated in Mumbai alone shall have the
jurisdiction to hear and determine all actions and proceedings arising out of this
contract.
SECTION D
ANNEXURES
A.Pipeline Schematic
B. PLC System Architecture drawing
C. PLC Server specification
PLC server Specifications

Processor type- INTEL XEON


RAM - 12 GB with expandability
System Capability - Real time clock
- Hardware priority interrupts
- General-purpose register
- Flexible addressing mode
- Hardware bootstrap loader
- Power fails protection and auto start
- Memory management and protection
- Serial / parallel communication port
- SCADA functionality for polling data from HPFR/BPCR/IOC-SHR, if need be over
Ethernet MODBUS and / or DNP as per telemetery schema to be decided by bidder
- Ethernet 100Mbps
- Built in Graphic accelerator
Mounting - Table top
Secondary storage -
Disk sub system
Type - Ultra SCSI (Formatted) REID supported and with Backup drive of equal capacity
Formatted - 60 GB or more Capacity
Controller - 2 derives capacity
Acess time - 50 m sec.
CD/ DVD drive Formatted - 700 MB (min) Capacity Read / Write functionality
Controller - 1 drive
Capacity Ver. - 52x.

Video Display unit Dual VDU


Screen size - 21" Diagonal
Type - Non glare, Colour TFT Visual Display
Display - 1280 X 1024
Resolution
Mounting - Table top
Mouse - Standard
USB Port Not to be provided / Hardware disabled.
Make - Dell/HP/IBM

Operating System: Windows 2008 Server