20000329-HD-10157:36595f084288b590816b435714ee0e92

Tender No. : 20000329-HD-10157 Tender Published On : 31-Aug-2020 10:56

Basic Information Of Tender

Title ENERGY MANAGEMENT SYSTEM
Description CENTRALISED ENERGY MANAGEMENT SYSTEM AT 25 O and D LOCATIONS
Tender Type Public
Tender Scope Domestic
Bid Type Two Bid
Evaluation Criteria Overall L1 for all items
Tender Due Date & Time 21-Sep-2020 15:00
Reverse Auction Applicable Yes
Pre Bid Conference Start Date & Time 08-Sep-2020 11:00
Pre Bid Conference End Date & Time 08-Sep-2020 13:00
Queries Start Date & Time 01-Sep-2020 15:00
Quries End Date & Time 14-Sep-2020 15:00
Un Priced Bid Open Date & Time 21-Sep-2020 15:00
Purchase Deptt. PUR DEPT CPO-Elect & Instrumentation
Fax No. 23030078
Office Address Centralised Procurement Office,6th Floor, Petroleum House,17, Jamshedji Tata
Road,,,Mumbai,400020,,MH
TF/EMD Drop Box Address HINDUSTAN PETROLEUM CORPORATION LIMITED, CPO MARKETING, ATTN SSVP, EMD BOX NO.
3, 9TH FLOOR, A WING, MARATHON FUTUREX BUILDING, LOWER PAREL, MUMABI 400013
Tender Description CENTRALISED ENERGY MANAGEMENT SYSTEM AT 25 O and D LOCATIONS
Notice Inviting Tender
Currency Type Tender Fee EMD
INR 0.0 1000000.0
Delivery Terms - Free to Destination location unless specified otherwise. Validity of offer - 120 days from the initial or extended Due Date for submission
of Tender whichever is later unless specified otherwise. Liquidated Damages/Price Reduction clause accepted unless specified otherwise.

In case bidder does not deviate from the standard offer validity in on line deviation form, bid’s offer validity shall be considered as mentioned above.

In case a Revised priced bid is initiated for this tender, at a later date (eg Technical evaluation stage etc), it shall be incumbent upon the bidder to submit
revised bids for the specified items/entire tender. In the absence of revised bids rom the bidder within specified time period, the original bid submitted by
the bidder shall not be considered for evaluation.

Organization reserves the right to reveal the contents of the bid documents submitted by the vendor during the witness bid opening process as per
prevailing policy of the corporation.

Please quote all the taxes, if applicable, only in percentage terms and not in Per unit(Amount) basis. The Per unit option is provided only to quote for
extras like Loading charges, packing charges, TPI charges etc. In case, it is found that you have quoted taxes in amount basis, your bid may be liable for
rejection.

Signed By S S V
PRASAD
Date:31.08.2020
10:58:42 IST
 HINDUSTAN PETROLEUM CORPORATION LIMITED

Reverse Auction – Terms & Conditions and Procedure

HPCL proposes to conduct Reverse auction for the items or schedules or on overall basis as
specified in the tender. Please go through the Terms & Conditions and Procedure given below
and submit your acceptance to the same by signing and uploading this document along with
unpriced bid.

Terms & Conditions

1. HPCL reserves the right to carryout ‘Online Reverse Auction’ with techno-commercially
accepted bidders for determining the lowest bidder for the requirements mentioned in this
tender enquiry. Reverse auction shall be conducted only when there are at least two or
more “Techno-commercially” accepted vendors at Technical evaluation stage.

2. Online reverse auction shall be conducted by HPCL on a specified date and time. The
vendors shall be participating in the reverse auction from their own offices / place of their
choice. Internet connectivity shall have to be ensured by the bidders themselves. HPCL shall
not be held responsible for local issues, such as loss of connectivity, Internet discontinuity,
and discrepancy in browser which may result in non-display of latest bid in client PC.

3. In extreme case of Server outage, network outage or failure of Internet connectivity, (or any
other unforeseen conditions) from HPCL’s end, fax/ E-Mail communication shall have to be
made immediately, to concerned purchase officer of HPCL. No such request shall be
entertained beyond one hour of the RA closing time. To provide equal opportunity, HPCL may
decide to extend the Reverse auction at their discretion, but not as the right of the bidder.
The vendors participating in Reverse Auction process shall be kept on standby for 1 Hour after
RA closing time.

4. HPCL shall investigate the above matter and decision for extension of Reverse Auction shall be
based on the merit of the issues pointed out and verified by HPCL and same shall be final and
binding on the vendor.

5. HPCL shall complete the investigation within two working days of receiving complaint from
any of the vendor.

6. In case of decision to extend Reverse Auction, intimation mail may go out to all vendors
within a day of investigation closure. Vendors shall generally be given intimation, a day in
advance before extended Reverse Auction is commenced. The Reverse Auction shall
commence from the last saved decrement value and shall be open for period of original
duration from commencement.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED

7. Bidders are requested to confirm their willingness to participate in ‘Online Reverse Auction’
during their bid submission by ensuring compliance to the Terms & Conditions and
Procedure specified herewith. Please note that non acceptance to participate in the Reverse
Auction process may lead to rejection of the bid without any further evaluation.

8. HPCL will pre-decide the commercial loading, if any, on the basis of the taxes & duties
quoted by the bidder, and loading on account of commercial deviations, if any. The loading
factors shall be displayed in the portal prior to the date scheduled for Reverse Auction
Event.

9. Bidders are encouraged to understand the Loading factors applied on their bids at the
earliest, on getting intimation regarding same. In case of any objection to the applied
loading factor same shall be brought to the notice of Purchase officer immediately. No
further communication on this ground will be entertained after publishing of Reverse
auction.

10. As part of Reverse Auction process, the Start Bid price (Leading Bid) shall be specified
by HPCL on Reverse Auction Portal. The Lowest of the {Price Bid or the estimate} will be
considered as the benchmark price (Start bid price). Please note that such priced bid
opening shall be system driven and therefore bidder’s identity vis-à-vis quoted price shall
be confidential.

11. In case of overall evaluation tenders or schedule wise evaluation tender, the Reverse
auction shall be conducted on the bottom line, net delivered cost.

12. In case of tenders, which are evaluated on Schedule wise or Overall L1 basis, the individual
item rates with get reduced on pro-rated basis as the decrements are effected during
reverse auction event.

13. During the Reverse auction event, the taxes which are quoted in percentage basis will get
reduced proportionately as the RA progresses. However, Extras like Loading
charges/packing charges/TPI which are quoted in per unit basis (amount terms) remains
constant as the decrements are effected.

14. Vendors shall ensure to quote the statutory taxes only in percentage basis and not in
amount terms. In case of non-compliance to this clause, bids shall be liable for rejection.

15. System shall allow to conduct Reverse Auction on multi-currency tender/bidding. In such
cases the basic reverse Auction shall be carried out in INR currency only. However bidders

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 HINDUSTAN PETROLEUM CORPORATION LIMITED

having submitted bids in any of the following four currencies – USD, EUR, GBP, JPY shall be
able to view the basic rates (in original currency) corresponding to contemplated decrement
in the “show” screen.

16. The exchange rate for converting the INR value to originally quoted currency (USD, EUR,
GBP, JPY) shall be the one which was prevailing on the date of unpriced bid opening in line
with tender condition.

17. Reverse auction shall be held for a period of 60 minutes and shall be automatically
extended by a further period of 5 minutes in case of receipt of any bid during the last 5
minutes of the auction period. This process shall continue until no bids are received in the
last 5 minutes of the auction. Thereafter reverse auction shall get automatically closed. This
shall be an automated process.

18. Order may be placed on the lowest bidder, emerging out of the reverse auction process and
HPCL’s decision on award of contract shall be final and binding on all the bidders.

19. HPCL reserves the right to further rationalize the prices with lowest bidder for reducing the
price at any time before ordering.

20. HPCL reserves the right to cancel the reverse auction after event is scheduled but before
actual event taking place or after the reverse auction has completed in case of failure or any
other reason. The reasons for cancellation shall be conveyed to all vendors.

21. In cases where tender is required to be cancelled after opening of priced bid and
identification of L1 vendor and Reverse Auction was also part of tender, reasons for
cancellation shall be conveyed to all vendors.

22. During Reverse Auction Process, if no bids are received within the scheduled/rescheduled
date & specified time of the reverse auction, HPCL at its discretion can scrap the reverse
auction and proceed with the opening of the Electronic priced bids submitted by the
bidders. In such case HPCL shall display the bidder’s identity and original rates.

23. The bid on the Reverse Auction Portal will be taken as an offer to sell. Bids once made,
cannot be cancelled / withdrawn and the bidder shall be bound to sell the material/services
at the final bid price, and as per the specifications mentioned in the tender. Should the
bidder back out and not make the supplies as per the rates quoted or in case the material
supplied/services is not as per specifications mentioned in the tender, HPCL shall take
appropriate action as per the terms & conditions mentioned in the tender.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED

24. At the end of the Reverse Auction, HPCL will decide the successful bidder, basis the
evaluation criteria specified in the tender. HPCL’s decision on award of Contract shall be
final and binding on all the Bidders.

25. HPCL shall not have any liability to bidders for any interruption or delay in access to the
reverse auction portal irrespective of the cause.

26. The participation of vendors in the tendering process shall be construed as acceptance to
the terms & conditions and procedure for the reverse auction (until and unless the contrary
is explicitly mentioned in the deviation sheet). This compliance also shall be deemed as
participation in Reverse auction.

27. In case a bidder agrees for reverse auction in the un-priced bid but withdraws acceptance
any time after tender due date & time, the EMD of such bidder may be forfeited along with
rejection of offer at the sole discretion of HPCL.

28. Once Auction is started, no communication from vendor shall be entertained unless it is of
the nature of any serious issue in the portal.

29. The yellow color back ground on RA page indicates the due date and time of respective
Reverse Auction is over. (However, this will happen only if the vendor’s PC is connected to
the HPCL server). RA shall be concluded after standby period is over and auto generated
mail is received by vendor.

30. The Bidder shall not involve himself or any of his representatives in Price manipulation of
any kind directly or indirectly by communicating with other suppliers / bidders.

31. The Bidder shall not divulge either his Bids or any other exclusive details of HPCL to any
other party.

32. HPCL’s decision on award of Contract shall be final and binding on all the Bidders.

33. HPCL can decide to extend, reschedule or cancel any Auction. If any changes are made by
HPCL after the first posting and the Bidder continues to access the site after that time, it
shall be presumed that the bidder has accepted the changes.

34. HPCL shall not be responsible for any damages, including damages that result from, but are
not limited to negligence. HPCL will not be held responsible for consequential damages,
including but not limited to systems problems, inability to use the system, loss of electronic
information etc.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED

Reverse Auction Procedure

1. In case HPCL decides to conduct Reverse Auction, the qualified bidders would be
communicated on the same thru E-mails about the date and time of the Reverse Auction
event. The Reverse auction event shall be conducted in the HPCL e-tender portal under
link “Reverse auction”.

2. Reverse Auction shall be available to Bidder only after two factor authentication. Initially
vendor will login to the site etender.hpcl.co.in with his Login Id and password.
Thereafter they shall click on the “Reverse auction” link in the portal to view/participate
in ongoing/upcoming reverse auctions.

3. Brief procedure to participate in RA:

I. Bidders may click on “Reverse Auction document”, and download the same
to their local PC.
II. The downloaded document shall be digitally signed and uploaded after the
RA event becomes active". The signed document may be kept ready for
upload beforehand.
III. Click on the Check box followed by “Participate in Reverse auction”.

3. HPCL will display Start Bid price i.e., Bench Mark price which shall be the lower of the
{price bids submitted by the bidders on the e-procurement portal i.e. ‘Bids opened for RA
event’ or HPCL’s in-house estimate}, which shall be visible to all the vendors at the start
of the Reverse Auction.

4. Identity of bidders never gets disclosed to anyone, during reverse auction process

5. HPCL shall specify the minimum amount/percentage by which the bidders can reduce
their bids at a time on the Reverse Auction Portal. This amount is referred as the ‘bid
decrement factor’ and shall be specified by HPCL.

6. Bidders shall start bidding from this Bench Mark Price. The bidder can bid lower than the
prevailing Lowest Bid at any time during the event by one decrement or multiples of the
Bid decrement.

7. In case the “SUBMIT QUOTE” button is not enabled after a few seconds of clicking,
vendors are urged to Re-Login to the page for viewing the latest leading bid and submit
fresh quotes. The process takes less than a few seconds.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED

8. The bidder shall be able to view the following values on his screen along with the other
necessary fields in the Reverse Auction:

 Item-wise Leading Bid in the Auction (Delivered Cost)

 Bid Placed by bidder (Delivered Cost)
 Bid value contemplated by bidder before submission(Delivered Cost)

34.8.1. Bidder can reduce his bid repeatedly during the auction period

9. Bidders shall be provided information on item wise pro-rated reduction in the rates, for
guidance.

10. The confirmed bid submitted by vendor during the RA process shall always reflect in the
“Previous Bid” field only (red font). The field “Current bid” shall display the
contemplated bid value and “Leading Bid” shall show the current lowest bid value as
submitted by any of the vendors.

11. The Closing Price(s) offered by the bidders at the conclusion of the Reverse Auction shall
be valid for a minimum period of 30 days or as mentioned in tender, from the date of
conclusion of the Reverse Auction.

12. After the Reverse auction is over successfully and closed by purchase officer, vendor can
witness the lowest rate submitted by other vendors in “Witness bid opening” link.

13. In case of Item-wise evaluation tenders, any or all items may undergo Reverse Auction
separately at the discretion of HPCL.

14. In case of Schedule-wise evaluation tenders, any or all schedules may undergo Reverse
Auction separately at the discretion of HPCL.

15. In case of SOR type tenders, where vendor has quoted a single percentage plus or minus
against the offered rate, the decrement shall be applicable on the bench mark value on
base of 100 (i.e. it could be 107 in case of plus 7% or 94 in case of minus 6 percent). This
value shall be delivered cost i.e. inclusive of taxes and loading factor.

16. HPCL reserves right to conduct single reverse auction for multiple items with separate
decrement option.

17. Vendor shall have option to participate in multiple reverse auction if it is scheduled at the
same time.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED

18. Successful vendor shall be required to submit the final prices digitally signed and
uploaded as token of acceptance without any new condition other than those already
agreed to before start of auction.

19. Vendors may seek telephonic guidance before or during the Reverse auction process
from Helpdesk support at 022-41146666 or 022-61548595, between 8.00 AM to 8.00
PM on any working day, except Sundays and Public holiday.

E-Reverse Auction procedure for POL Transporters Tender

In case the Reverse auction is carried out for POL transport tender, the following procedure,
terms and conditions shall apply over and above the other RA terms and condition. In case of
any contradiction between the “RA procedure for POL transport tender” and “RA terms and
condition or procedure” the provisions of “RA procedure for POL transport tender” shall
supersede the latter.

I. The Tender for POL transport shall be floated with two covers Technical Bid and Priced
Bid.
II. Bidders will have option to upload their complete truck details in Excel format (converted
to pdf) during bid submission.
III. There will be system based validation to ensure that bidders quote their rate for each
sector only within the specified priced band.
IV. At techno-commercial evaluation stage, user department will be able to accept or reject
trucks based on tender criteria. There will be feature to reject bidders also based on
tender criteria.
V. Post completion of Techno-commercial evaluation, there will be option to
a. Open Priced bid and generate Recap, followed by 2nd layer Recap for Truck
ranking. OR
b. Configure Schedule wise Reverse Auction (Separate RA for 12KL and 18KL
capacity)
VI. RA shall commence with benchmark price which is lower of the two - {Estimated rate or
L1 rate}. RA decrement shall start from previous bid of bidder.
VII. In the proposed RA process, bidder will get to see his quoted rate for each of the line
items for a schedule, with option to reduce rate in any of the line items individually or all.
VIII. Line item wise Leading Bid(rate) will be displayed dynamically on the Screen.
IX. Bidders will not be allowed to quote below the Lower Price band for each line item,
configured in the tender.
X. Subject to IX above, Bidder will be allowed to bid lower than the leading bid for each line
item of the Schedule and his bid will then become leading bid for that line item.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED

XI. Additionally, bidder will also get option to submit his bid lower than his Previous bid for
each line item, even if it is not lower than the leading bid value.
XII. RA shall be configured for a period of one hour and may get extended by 5 minutes in
case any bid lower than prevailing lowest bid for any line item is received in the last 5
minutes.
XIII. In case, one of the bidders have already quoted at the lowest of the band for all line items
within the first 55 minutes of the RA event, there will be no extension of RA, even if bids
are submitted in the last 5 minutes of RA event. However, the RA will be open for full one
hour for other bidders to quote lower than their previous bid, in order to improve their
rank.
XIV. Bidders will be allowed to match line item wise lowest of the band, even if one of the
bidders have previously quoted at the lowest of the band for the line item.
XV. At the end of Reverse auction, there shall be option to close RA event. In such case,
system generated recap can be obtained providing the ranking of all bidders.
XVI. In case, there is no participation from any of the bidders during RA process, there shall be
option to cancel the RA event and go for opening of Priced bids followed by System
generated Recap.
XVII. There shall be feature to postpone or extend the RA, based on user requirement or in
case of exigency.
XVIII. The "Set of L1" shall be identified from the system recap based on the net outgo to the
Corporation and the total number of tank trucks required as per the tender.
XIX. In case the total No of trucks required are lesser than No of trucks offered by Set of L1,
the truck sub ranking clause shall be utilized to limit induction of trucks up to tender
requirement.
XX. Post identification of Set of L1 bidders, either of the following process to be carried out
with these selected bidders
a. Offline Counter offer to these bidders to match lowest rate or reduce from their
quoted rate.
b. Counter offer through Online platform, to selected bidders, to match lowest rate
or reduce from their quoted rate

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Tender No. : 20000329-HD-10157 Tender Published On : 31-Aug-2020 10:56

Line Details Of Tender

Srl. Line Description Ship To Location UOM Quantity HSN Code Location Mandatory
No. GSTIN
CEMS Manadatory: Yes
1 OPEX CHARGE MF METER 10117-Operation & Distribution Each 59400 27AAACH1 Yes
PER MONTH Dept. 118B1ZC
DESCRIPTION => OPEX CHARGES MULTI-FUNCTION METER EMS PER MONTH FOR THE SERVICE PROVIDED AS DESCRIBED IN THE TENDER DOCUMENT.
FOR DETAILED TERMS AND CONDITIONS PLEASE REFER TENDER DOCUMENT.
2 OPEX CHARGE SOFTWARE 10117-Operation & Distribution Each 96000 27AAACH1 Yes
PER MONTH Dept. 118B1ZC
DESCRIPTION => OPEX CHARGES SOFTWARE OF CENTRALIZED ENERGY MANAGEMENT SYSTEM PER MONTH FOR THE SERVICE PROVIDED AS DESCRIBED
IN THE TENDER DOCUMENT. FOR DETAILED TERMS AND CONDITIONS PLEASE REFER TENDER DOCUMENT.
Tender No. : 20000329-HD-10157 Tender Published On : 31-Aug-2020 10:56

BQC SUPPORTING DOCUMENTS

Sl.No. Description Attached File Set Value Supporting
Doc. Req'd
1 SUPPORTING DOCUMENTS: 1:- BID QUALIFICATION CRITERIA (BQC)/ANY None Allowed
OTHER DOCUMENT AS PER TENDER:- PLEASE UPLOAD BALANCE SHEET
DULY NOTARIZED FOR LAST 3 FINANCIAL YEARS AS MENTIONED IN
TENDER DOCUMENT
2 SUPPORTING DOCUMENTS 2 :- BID QUALIFICATION CRITERIA (BQC)/ANY None Allowed
OTHER DOCUMENT AS PER TENDER:- PLEASE UPLOAD PROFIT AND LOSS
STATEMENT DULY NOTARIZED FOR LAST 3 FINANCIAL YEARS AS
MENTIONED IN TENDER DOCUMENT.
3 SUPPORTING DOCUMENTS 3 :- BID QUALIFICATION CRITERIA (BQC)/ANY None Allowed
OTHER DOCUMENT AS PER TENDER:- PLEASE UPLOAD SUPPORTING
DOCUMENTS TO BID QUALIFICATION CRITERIA AS PER TENDER
DOCUMENT FOR ONE,TWO OR THREE COMPLETED WORKS AS
APPLICABLE IN LAST 7 YEARS DULY NOTARIZED.JOB COMPLETION
DOCUMENTS SHOULD BE IN THE FORM OF INVOICES OR JOB
COMPLETION CERTIFICATE FROM CLIENT ISSUED BY APPROPRIATE
AUHORITY.
4 SUPPORTING DOCUMENTS 4 :- BID QUALIFICATION CRITERIA (BQC)/ANY None Allowed
OTHER DOCUMENT AS PER TENDER:- PLEASE UPLOAD SUPPORTING
DOCUMENTS TO BID QUALIFICATION CRITERIA/OR ANY OTHER
DOCUMENT AS PER TENDER DOCUMENT.
5 SUPPORTING DOCUMENTS 5 :- BID QUALIFICATION CRITERIA (BQC)/ANY None Allowed
OTHER DOCUMENT AS PER TENDER:- PLEASE UPLOAD SUPPORTING
DOCUMENTS TO BID QUALIFICATION CRITERIA / OR ANY OTHER
DOCUMENT AS PER TENDER DOCUMENT.
Tender No. : 20000329-HD-10157 Tender Published On : 31-Aug-2020 10:56

TENDER DOCUMENT
Sl.No. Description Attached File Set Value Supporting
Doc. Req'd
1 TENDER INSTRUCTIONS 1. TENDER - No
INSTRUCTIONS.pdf
2 BID QUALIFICATION CRITERIA BQC Final EMS.pdf - No
3 PURCHASE PREFERENCE PP_WC_Indivisible.pdf - No
4 TENDER DOCUMENT CEMS Tender.pdf - No
 HINDUSTAN PETROLEUM CORPORATION LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
CENTRAL PROCUREMENT ORGANISATION-MARKETING
9TH FLOOR, A WING – MARATHON FUTUREX BUILDING,
LOWER PAREL, MUMBAI - 400 013
PHONE # 022-23030076,
WORKING TIME: 9.00 AM TO 5.00 PM
(EXCEPT ON SATURDAY/SUNDAY/PUBLIC HOLIDAYS)

Public e-Tender No - 20000329-HD-10157

(CENTRALISED ENERGY MANAGEMENT SYSTEM AT 25 O&D LOCATIONS)

DUE DATE FOR SUBMISSION OF ONLINE BIDS: 21.09.2020 @ 1500 Hrs.

Contact us- IN VIEW OF LOCKDOWN, HELPDESK IS NOW AVAILABLE WITH LIMITED RESOURCES FROM 1000
HRS TO 1800 HRS ON MOB NO 8080429356 or 7666971998 or 9082727597 or 8291666749 or 9004219971.
ALTERNATELY VENDOR MAY SEND MAIL ON eprochelpdesk@mail.hpcl.co.in.
 Tender No. 20000329-HD-10157 (CENTRALISED ENERGY MANAGEMENT SYSTEM)
___________________________________________________________________________________________________

TENDER INSTRUCTIONS & BID QUALIFICATION CRITERIA(BQC) /PRE-

QUALIFICATION CRITERIA(PQC)

e-TENDER

This is an e tender and completed tenders in all respect should be submitted on-line only
at website https://etender.hpcl.co.in by the tender due date / time. Bids (Unpriced Bid &
Priced Bid) shall be opened on-line. As this is an e-tender, bidders may witness the opening
of tender at all stages of tender processing by remote log in into the above portal at the
comfort of their offices.

For technical queries, please contact:

Mr Shailesh Derhgawen Mr Prashant Bhure

DGM-Operations, Manager - Operations,
O&D, HQO O&D, HQO
E-mail: shaileshd@hpcl.in E-mail: prashanttbhure@hpcl.in
Ph# 022-22610785 Ph# 7702577783

For commercial queries, please contact:

Mr S S V Prasad Ms Radhika Mahto

DGM -Category Management Manager – Category Management
Hindustan Petroleum Corporation Ltd Hindustan Petroleum Corpn. Ltd
CPO-Marketing CPO-Marketing.
E-mail: ssvprasad@hpcl.in E-mail: radhikamahto@hpcl.in
Ph# 022-23030301 Ph# 022-23030081

Completed tenders in all respect should be submitted on-line at website

https://etender.hpcl.co.in by the tender due date / time. Unpriced (Technical) bids shall
be opened on-line and after evaluation of technical bids, price bids of technically qualified
vendors will be opened online. As this is e-tender bidders may witness the opening of
tender at all stages of tender processing, by remote logging into the above portal at the
comfort of their offices.

EARNEST MONEY DEPOSIT (EMD): Rs 10,00,000 (Rupees Ten Lakhs only)

EMD can be submitted in the form of Online Payment/DD or Bank Guarantee.

1(a). Payment of EMD can be done through online mode by Internet Banking. (Please
refer https://etender.hpcl.co.in for details) E-Payment should be made well in advance
before the due date of the tender considering that the response time taken to receive the
status of payment from the bank is approximately 15 minutes.
 Tender No. 20000329-HD-10157 (CENTRALISED ENERGY MANAGEMENT SYSTEM)
___________________________________________________________________________________________________

1(b). Original EMD instrument (DD, Pay order, and Bank guarantee) or EMD exemption
documents valid as on due date of the tender as applicable should be deposited by tender
due date & time, in the tender box provided at the following address, else offers will be out
rightly rejected. Tender number and Tender description should be clearly mentioned on
the EMD Envelope. The EMD exemption document can be uploaded in the appropriate
place where the EMD details are sought in the e-tender.

DGM-CATEGORY MANAGEMENT (SSVP)

HINDUSTAN PETROLEUM CORPORATION LIMITED
CENTRAL PROCUREMENT ORGANISATION
EMD TENDER BOX NO. 3,
9TH FLOOR, A WING – MARATHON FUTUREX BUILDING,
C.S. NO 166, LOWER PAREL NM JOSHI MARG, MUMBAI - 400 013
PHONE # 022-23030076

1(c). EMD submitted in the form of DD, pay order, Banker’s cheque should be in favour of
Hindustan petroleum Corporation Ltd, payable at Mumbai, issued by any scheduled bank -
other than cooperative bank.

1(d). EMD submitted in the form of Bank Guarantee shall be issued by any scheduled bank
(other than cooperative bank). EMD submitted in the form of Bank Guarantee should be as
per the exact format given along with this tender and shall be made on non-judicial stamp
paper of appropriate value (denomination) and should be valid for 180 days from due
date/extended due date of the tender.

1(e). Cheque / FDR or EMD or Bank guarantee in any other form other than given in the
tender shall be treated as offer without EMD and such offers shall not be acceptable.

1(f). Bidders who submit bank guarantee (BG) towards EMD/Security Deposit
(SD)/Composite Performance Bank Guarantee (CPBG)/Advances/ towards any other
requirement of the tender, are required to ensure that

(i) The issuing bank is on SFMS platform

(ii) BG contains following details:
 Beneficiary’s bank Name: ICICI Bank
 IFSC Code: ICIC0000393.
 HPCL’s Customer ID: HPCL508902133CP
(iii)Vendors are required to attach a copy of SFMS Delivery Report showing HPCL customer
ID in row/field number 7037 of SFMS Delivery Report.

EXEMPTION FROM EMD:

1) Central Public Sector Enterprises are exempted from payment of EMD.
2) Units registered with National Small Industries Corporation (NSIC) are exempted from
payment of EMD, subject to :
 Tender No. 20000329-HD-10157 (CENTRALISED ENERGY MANAGEMENT SYSTEM)
___________________________________________________________________________________________________

a) The unit should be registered with NSIC. Registration certificate shall be valid as on due
date of tender.
b) Techno commercial Bid is accompanied by a photocopy of valid NSIC Registration
Certificate.
c) Photocopy of application for registration as NSIC or for renewal of NSIC will not be
acceptable. Such offers will be treated as offers received without EMD.
3) Units registered with Micro / Small Enterprises (MSEs) are exempted from payment of
EMD, subject to :
a) Technical Bid Shall be accompanied by a photocopy of acknowledged copy of
Entrepreneurs Memorandum Part-II (EM – II) for MSEs OR UDYOG AADHAR
ACKNOWLEDGEMENT / UDYOG AADHAR REGISTRATION CERTIFICATE/ UDYOG
AADHAR MEMORANDUM/UDYAM REGISTRATION CERTIFICATE or relevant
registration certificate as per prevailing guidelines for Micro and Small Enterprises.
4) MSEs registered with District Industries Center shall also be eligible for EMD exemption
provided they fall under Micro / Small category and they produce Entrepreneurs
Memorandum –Acknowledgement – Part-II issued by DIC.
5) Start-ups as recognized by Department for Promotion of Industry and Internal Trade
(DPIIT) formerly known as Department of Industrial Policy & Promotion will be exempted
from payment of EMD.
6) Registration with DGS&D will not entitle the Tenderer to claim EMD exemption.

o The EMD is liable to be forfeited, in the event of:

(i) Withdrawal of offers during the validity period of the offer.
(ii) Non–acceptance of LOI / PO, if and when placed.
(iii) Non-confirmation of acceptance of Purchase Order within the stipulated time.
(iv) Unilateral revision in the offer made by the tenderer during validity of the offer.
(v) Non – execution of LOI / PO for any reason whatsoever.
(vi) Non- payment of Security Deposit / PBG against POs within the stipulated period of
15 days from date of placement of LOIs / POs, whichever is earlier.

Public sector undertaking and Units registered with NSIC/MSE who are eligible for EMD
exemption shall submit the hard copy of Valid EMD exemption document to DGM-Category
Management – CPO(SSVP) at the address mentioned above by tender due date/time, failing
which bids submitted are liable for rejection. The vendors can also upload the requisite
document in the appropriate place, where the EMD details are sought in the e-tender. HPCL
shall not be responsible for any postal delays or non-receipt of EMD/BANK GUARANTEE
by tender due date / time, reasons whatsoever. Late submissions i.e. receipt of EMD
beyond tender due date and time or non-submissions, shall not be acceptable and
such offers shall be rejected.

EMD will be refunded to all the unsuccessful tenderers after finalization of P.O

Completed tenders in all respect should be submitted on-line at website

https://etender.hpcl.co.in by the tender due date / time. Unpriced (Technical) bids shall
be opened on-line
 Tender No. 20000329-HD-10157 (CENTRALISED ENERGY MANAGEMENT SYSTEM)
___________________________________________________________________________________________________

As this is e-tender bidders may witness the opening of tender at all stages of tender
processing, by remote logging into the above portal at the comfort of their offices.

Existing HPCL Vendors:

Please log in at site (https://etender.hpcl.co.in) and respond to the tender. Please note that
this is an on line tender and on line response submitted at site (https://etender.hpcl.co.in)
shall only be accepted. For submitting on line response Digital Certificate / Signatures
(Class III) shall be mandatory. In case, you are logging in for the first time please ensure to
upload your Digital certificate. The process for same is listed in the Help link after logging
in. PLEASE LOGIN WITH YOUR EIGHT DIGIT JDE VENDOR CODE AS GIVEN IN THE SUBJECT
ABOVE AND CORRESPONDING BILL TRACKING SYSTEM (BTS) PASSWORD TO BID FOR
THE TENDER. In case of any difficulty in logging or in case you do not have the BTS
password, please send mail to eprochelpdesk@mail.hpcl.co.in OR please call us at 022-
41146666. The helpdesk support is available 6 days a week from 8AM to 8 PM (except
public holidays) Pls. refer to help link after logging in, in case you are new to e-Tender.

Non HPCL Registered Vendors:

In the portal (https://etender.hpcl.co.in) you have to bid thru temporarily Registered User
option by selecting the radio button: New Users Click here for temporary registration.

Check list for Bidders:

1. Following documents are to be uploaded as a part of Pre-qualification of Bid:

 Supporting documents towards bidder’s qualification criteria (work orders,

completion certificates, and turnover statements duly notarized)

2. FOLLOWING DOCUMENTS ARE TO BE UPLOADED AS A PART OF TECHNICAL BID:

o Duly filled, signed and stamped Integrity Pact document also signed by two
witnesses. Non submission of this document shall make the bid liable for
rejection.
o Duly filled Declaration for non-black listing
o Duly filled Declaration for relatives in HPCL.
o Duly filled, Deviation template provided in the portal. If there are no deviations,
then nil deviation radio button shall be selected. Deviations mentioned by the bidders
anywhere else in the tender other than in Deviation Template provided in the e-tender
portal, shall not be considered. No further correspondence on this shall be entertained
at any stage.
o Agreed terms and conditions sheet.
o EMD exemption document like NSIC / MSME registration document.
o Various statutory docs like GST Registration certificate for Indian Bidders.
 Tender No. 20000329-HD-10157 (CENTRALISED ENERGY MANAGEMENT SYSTEM)
___________________________________________________________________________________________________

o EMD-Scanned copy
o Technical Data Sheet

Unpriced bid containing rates shall make the bid liable for rejection.

The Bid and all supporting documents submitted and all correspondence whatsoever
exchanged by Vendor and HPCL shall be in English language only.

Pre-Bid meeting is scheduled on 08.09.20 thru Webex. Details of the Meeting are
attached as Annexure I.

Price Bid (Online) shall contain only the rates. Price bid shall not contain any data,
conditions etc. other than the rate. Any conditions, data given in priced bid will be ignored
and not considered.

The Bid and all supporting documents submitted and all correspondence whatsoever
exchanged by Vendor and HPCL shall be in English language only.

BID EVALUATION CRITERIA:

Bids will be evaluated on OVERALL LOWEST GROSS DELIVERED COST BASIS (i.e
Including GST). Quoted rate shall be inclusive of all components viz. packing charges,
loading unloading charges, insurance, Third party Inspection Charges, transportation to
site etc if any.

Bidder should quote applicable rate of GST as per GOI notification against each line item in
the space provided in online bid.

ORDER DISTRIBUTION CRITERIA:

100% order quantity will be awarded to L1 bidder. Since job under this tender is a works
contract, purchase preference will not be applicable for MSE Vendors.

Manufacturers / Suppliers / Service providers (including EPC & Works Contracts) having
the capability of meeting / exceeding the local content targets shall be eligible for 10%
purchase preference, subject to their complying with the requirements / conditions
defined and submitting documents required in support of the same under the Purchase
Preference Linked with Local Content (PP-LC) policy.

Pls. refer enclosed document for further details.

Traders and Agents shall not be allowed to avail the benefits extended under Purchase
Preference Policy.
 Tender No. 20000329-HD-10157 (CENTRALISED ENERGY MANAGEMENT SYSTEM)
___________________________________________________________________________________________________

FIRM RATES:

The rates shall remain unchanged till the expiry of Contract and no Revision of Rates shall
be entertained from parties for any reason. No Escalation / De-escalation of rates are
applicable.

VALIDITY OF OFFER:

The offer shall be valid for a period of 120 days from the due date/ extended due date of opening
of the un-priced bid. Corporation reserves the right to take action as deemed fit which is inclusive
of putting the bidder under suspension / holiday, in case of withdrawal of Offer at any stage, non-
acceptance of LOI / PO or any other breach of Tender terms and conditions.

BIDDER FROM A COUNTRY THAT SHARES LAND BORDER WITH INDIA

Any bidder from a country which shares a land border with India will be eligible to bid in this tender
only if the bidder is registered with the Competent Authority constituted by the Department for
Promotion of Industry and Internal Trade (DPIIT).

Bidder from a country that shares land border with India means:

i. An entity incorporated, established or registered in such a country; or

ii. A subsidiary of an entity incorporated, established or registered in such a country; or
iii. An entity substantially controlled through entities incorporated; established or registered
in such a country; or
iv. An entity whose beneficial owner is situated in such a country; or
v. An Indian (or other) agent of such entity; or
vi. A natural person who is a citizen of such a country; or
vii. A consortium or joint venture where any member of the consortium or joint venture falls
under any of the above.

Technical Bid containing rates shall make the bid liable for rejection for all bidders.

HPCL reserves the right to solicit documents/additional documents to verify the eligibility
of bidders for Bids qualification during any stage after opening of technical bid. HPCL also
reserves the right to seek clarification on taxes(GST)quoted by the bidders and to
correct/load appropriate tax rates as required and evaluate bids accordingly.

HPCL reserves the right to conduct Reverse Auction (RA) for this tender. Bidders are
requested to confirm willingness to participate in reverse auction. Please note that non
acceptance of participation in reverse auction may lead to rejection of bids without any further
evaluation.

Reverse Auction will be conducted on Gross Delivered Cost Basis (i.e. Excluding GST).
 Tender No. 20000329-HD-10157 (CENTRALISED ENERGY MANAGEMENT SYSTEM)
___________________________________________________________________________________________________

If the rate of GST quoted by the vendor is found to be lower than that of the actual rate of GST
at the time of placing purchase order, P.O will be placed with actual rate of GST by deducting
the differential increase in amount of GST (i.e. difference between actual GST rate and vendor’s
quoted rate of GST) from the basic cost of bidder. However, total delivered amount will be kept
same as quoted by the vendor.

Reverse Auction will be conducted only in case of two or more techno-commercially qualified
vendors are available after Techno-Commercial Evaluation of all the bids submitted against
this tender. If two or more techno-commercially qualified vendors are not available, price bids
will be opened on normal mode and L1 will be finalised. Hence vendors are requested to quote
their most competitive price in the online price bid.

Verification of Original Documents:

All the participating bidders shall provide copies of all the necessary documents along with the bid.
However, all the bidders or their authorized representatives are required to be present at HPCL
Office on the informed dates along with the original documents submitted for Bid Qualification-
Financial /Technical and other techno-commercial documents for the verification/clarification by
HPCL. Offers of Vendors who fail to submit the Original documents on demand shall be liable for
rejection.
 Tender No. 20000329-HD-10157 (CENTRALISED ENERGY MANAGEMENT SYSTEM)
___________________________________________________________________________________________________

Annexure 1

PRE BID MEETING – TENDER NO. 20000329-HD-10157

Pls. note the following details to join the Pre Bid meeting for the subject tender thru
Webex:

Date: 08.09.2020, 11.00 AM

Meeting number (access code): 1708912060

Meeting password: Abcd@1234 (22231123 from phones and video systems)

You can also join the meeting with the following link:

https://hpcl.webex.com/hpcl/j.php?MTID=m027622bf9fd2be07693e60f598155442

Join by phone

Tap to call in from a mobile device (attendees only)

+91-40-6480-0114 India Toll (Hyderabad)

+91-22-6480-0114 India Toll (Mumbai)

Global call-in numbers

Join by video system, application or Skype for business

Dial 1708912060@webex.com

Pls. enter the password followed by # key, when prompted by system.

BID QUALIFICATION CRITERIA

Page 1 of 7
1.0 METHODOLOGY FOR AWARD OF CONTRACT

Public Tenders shall be floated, in Two Bid system consisting of Unpriced Bids (Bid
Qualification Criteria -BQC, Technical and Commercial) and Price Bids separately.

1.1 METHOD OF EVALUATION:

 Techno-commercial evaluation of the ‘UN-PRICED PART’ of the tender will be

carried out for all the bidders meeting Bid Qualification Criteria as given in
Clause 2.0 below.
 Reverse Auction (please refer Reverse Auction-Terms condition & Procedure
attached in the tender) will be conducted for all technically qualified bidders.
 PRICE BIDS will be financially evaluated and the lowest Bidder will be established
after taking into consideration all the line items of the BOQ.

2.0 BID QUALIFICATION CRITERIA:

(Bidder shall meet all the criteria specified under Clause 2.1 and 2.2)

2.1 Financial Criteria

Bidder shall meet BQC-Financial criterion values for schedule/s quoted as specified
in Table below

Average Annual Financial Turnover during the last 3 years, ending with 31st March
2020 should be 123 Lakhs.

For the bidders following financial year closing at the end of June or September or
December, the last 3 financial years ending with the respective quarter of 2020 will
be considered.

Average turnover shall be determined by summing up the annual turnover of each of

the 3 financial years and dividing the sum by three. In the event a bidder does not
have any turnover in any one or two of the years of the stated Financial years, the
turnover for that/those years shall be taken as zero and the average turnover shall be
calculated to determine the conformity to the turnover criteria.

2.2 Technical Criteria

Bidder shall have experience of having successfully carried out and completed similar
work during the last 7 years ending with 31/07/2020, and shall meet BQC-Technical
criterion any one of the following:

Page 2 of 7
 Criteria Value (Rs Lakhs)
➢ Three similar completed works, each costing not less than Rs 8.18
➢ Two similar completed works, each costing not less than Rs 16.36
➢ One similar completed work costing not less than Rs 24.54

# Similar work means successfully providing Energy Management system for any
industry in India.

Composite Performance Bank Guarantee (CPBG) for 10% of Annualize PO value shall be
accepted (in lieu of deduction of retention Money). Such CPBG shall be valid upto a period
of 3 months beyond the expiry of Contract period.

The prime bidder shall submit a tie up agreement /Back to Back agreement with OEMs
of all the equipment or the solution provider as the case may be for support /
maintenance / replacement / rectification / modification / upgradation etc for a period
not less than whole contract period mentioned in the tender.

Note: Bidder shall meet both the financial and technical criteria as mentioned above for
qualification of this tender.

Criteria for prior experience and prior turnover (PQC) will be relaxed by 15% for
Micro and Small Enterprises subject to meeting the prescribed quality and
technical specification of the tendered items/services.

2.3 Pre Bid Meeting

Pre bid meeting is scheduled to facilitate the intending tenderer to get clarification on
both technical & commercial part. Clarification will be send to all bidder by HPCL. No
further deviations/clarification will be permitted after opening of techno/commercial
bid.

2.4 Bidder shall furnish documentary evidence i.e. copies of work orders/ relevant pages
of contract, completion certificate from their clients/Project Management Consultant,
annual reports containing audited balance sheets in support of their fulfilling the bid
qualification criteria. Every Work Order enclosed should be accompanied by a Work
Completion Certificate clearly mentioning the total executed Value & date of completion.
The Work order & work completion certificate shall be in the name of bidder only. The
bidder if a solution provider shall furnish documentary evidence of work order / relevant
pages of contract, completion certificate from their clients for having their own software
/ customized software for executing similar project and running successfully for last
three years. HPCL reserve the right to complete the evaluation based on the details
furnished without seeking any additional information.

3.0 Parties who are affiliates of one another can decide which Affiliate will make a bid.
Only one affiliate may submit a bid. Two or more affiliates are not permitted to make
separate bids directly or indirectly. If 2 or more affiliates submit a bid, then any one or

Page 3 of 7
 all of them are liable for disqualification. However up to 3 affiliates may make a joint
bid as a consortium, and in which case the conditions applicable to a consortium shall
apply to them. “Affiliate” of a Party shall mean any company or legal entity which:

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

(b) Which is controlled directly or indirectly by a Party; or
(c) Is directly or indirectly controlled by a company, legal entity or

Partnership firm which directly or indirectly controls a Party “Control” means actual
control or ownership of at least a 50% voting or other controlling interest that gives the
power to direct, or cause the direction of, the management and material business
decisions of the controlled entity.

4.0 Bids may be submitted by:

a) A single person/ entity (called sole bidder);
b) A newly formed incorporated joint venture (JV) which has not completed 3
financial years from the date of commencement of business;
c) A consortium (including an unincorporated JV) having a maximum of 3 (three)
members;
d) An Indian arm of a foreign company.

5.0 Fulfillment of Eligibility criteria and certain additional conditions in respect of

each of the above 4 types of bidders are stated below, respectively:
a) The sole bidder (including an incorporated JV which has completed 3
financial years after date of commencement of business) shall fulfil each
eligibility on individual/combined basis.
b) In case the bidder is a newly formed and incorporated joint venture and
which has not completed three financial years from the date of
commencement of business, then either the said JV shall fulfil each
eligibility criteria or any one constituent member/ promoter of such a JV
shall fulfill each eligibility criteria. If the bid is received with the proposal
that one constituent member/ promoter fulfils each eligibility criteria, then
this member/promoter shall be clearly identified and he/it shall assume all
obligations under the contract and provide such comfort letter/guarantees
as may be required by Owner. The guarantees shall cover inter alia the
commitment of the member/ promoter to complete the entire work in all
respects and in a timely fashion, being bound by all the obligations under
the contract, an undertaking to provide all necessary technical and
financial support to the JV to ensure completion of the contract when
awarded, an undertaking not to withdraw from the JV till completion of the
work, etc.
c) In case the bidder(s) is/are a consortium (including an unincorporated JV),
then the following conditions shall apply:
i. Each member in a consortium may only be a legal entity and not an
individual person;

Page 4 of 7
 ii. The Bid shall specifically identify and describe each member of the
consortium;
iii. the consortium member descriptions shall indicate what type of
legal entity the member is and its jurisdiction of incorporation (or
of establishment as a legal entity other than as a corporation) and
provide evidence by a copy of the articles of incorporation (or
equivalent documents);
iv. One participant member of the consortium shall be identified as the
“Prime member” and contracting entity for the consortium;
v. This prime member shall be solely responsible for all aspects of the
Bid/ Proposal including the execution of all tasks and performance
of all consortium obligations;
vi. The prime member shall fulfill each eligibility criteria;
vii. a commitment shall be given from each of the consortium members
in the form of a letter signed by a duly authorized officer clearly
identifying the role of the member in the Bid and the member’s
commitment to perform all relevant tasks and obligations in
support of the Prime/lead member of the Consortium and a
commitment not to withdraw from the consortium;
viii. No change shall be permitted in the number, nature or share holding
pattern of the Consortium members after pre-qualification, without
the prior written permission of the Owner.
ix. No change in project plans, timetables or pricing will be permitted
as a consequence of any withdrawal or failure to perform by a
consortium member;
x. No consortium member shall hold less than 25% stake in a
consortium;
xi. Entities which are affiliates of one another are allowed to bid either
as a sole bidder or as a consortium only;
xii. Any person or entity can bid either singly or as a member of only
one consortium.

d) In case the bidder is an Indian arm (subsidiary, authorized agent, branch office or
affiliate) of a foreign bidder, then the foreign bidder shall have to full fill each
eligibility criteria. If such foreign company desires that the contract be entered into
with the Indian arm, then a proper back to back continuing (parent company)
guarantee shall be provided by the foreign company clearly stating that in case of any
failure of any supply or performance of the equipment, machinery, material or plant
or completion of the work in all respects and as per the warranties/ guarantees that
may have been given, then the foreign company shall assume all obligations under the
contract. Towards this purpose, it shall provide such comfort letter/guarantees as
may be required by Owner. The guarantees shall cover inter alia the commitment of
the foreign company to complete the entire work in all respects and in a timely
fashion, being bound by all the obligations under the contract, an undertaking to

Page 5 of 7
 provide all necessary technical and financial support to the Indian arm or to render
the same themselves so as to ensure completion of the contract when awarded, an
undertaking not to withdraw from the contract till completion of the work, etc.

6. Information/Documents required along with bid:

a) Title, style and postal address of the firm.

b) Communication particulars including telephone numbers, fax numbers and e- mail
address.
c) Agreement copy for Back to Back support from OEM/Solution Service Provider for the
complete contract period
d) Following documents are required to be submitted as proof of meeting pre-
qualification criteria (Commercial Criteria)
i. Notarized copies of Audited Annual Reports/Balance sheet & Profit and Loss
account for the last three financial year ending March’19. For the vendors
following financial year closing at the end of June or September or December,
the last 3 financial years ending with the respective quarter of 2019 will be
considered.
e) Following documents are required to be submitted as proof of meeting pre-
qualification criteria (Technical criteria)
i. Notarized copy or original Purchase/work Order /Scope of work /certified
bills from client/owner / project management consultant along with their
completion certificate. The Purchase/work Order and completion certificate
should mention the details of jobs carried out by the applicant so as to enable
us to identify whether the applicant(s) meets the technical criteria stipulated
above or not.
ii. Any other document certified by the owner/client (for whom the job has been
executed) specifically having mention of the jobs carried out in support of
meeting the technical criteria stipulated above.

If the documents i.e. Purchase Order/Balance Sheets submitted by the bidder for BQC
compliance are in foreign currency, then the same will be evaluated basis the currency
conversion rate (RBI reference rate) prevailing as on that date of the document .e.g. Date
of purchase order etc.

Documents Required

The bidder shall provide documentary evidence of satisfactory recent past installations
w.r.t. similar work. Invoice copies should be submitted as proof of the same. Details of the
invoices should be submitted in the following format.

Sr. Invoice Invoice Item Quantity Sold to Purchase

No. No. Date Description Supplied Party order no.
(no.) issued by the
buyer, if any

Page 6 of 7
 7. Service support in India:
The vendor should have an established and adequate service set up in India (own or any
appointed service provider) as on due date of bid submission and thus be in a position to
handle on-time commissioning and sustenance of the overall system (as per SLA defined
separately) in the market towards the specified HPCL’s location and customer network.
In case of vendor does not have sufficient service network at the time of bid submission,
it shall be obligatory on the successful bidder to setup such service network for meeting
the SLA before commencement of Warranty Period, failing which HPCL can make
alternate arrangement for service support at vendor’s risk and cost.

Documents Required:

Declaration for managing the overall system with plans with detailed service network
setup.

8. General

1. Bidder to submit concept paper and technical details for end to end centralized energy
management system etc along with Tender documents.
2. HPCL may call bidder for presentation on the solution proposed.
3. List of locations mentioned are tentative and may vary depending on the requirement.
Party shall have no right for compensation in case order quantity is not fully utilized.
4. It shall be endeavor of HPCL to execute the jobs as per the Location list attached in the
tender. However due to business requirement, number of locations may change or
alternate locations may be taken up. No additional claim/ compensation shall be
payable for the same and it shall be obligatory on the Vendor to install and commission
the system at same rates, terms and conditions.
5. Successful bidder has to commission and demonstrate the functionality as per FAT and
SAT procedure mentioned in the tender
6. Supplier shall customize the software as per HPCL requirements viz Location Name,
user name, HP logo etc. as and when appear.
7. The supplier shall arrange training to officers at all locations where the system is being
provided, on operation and usage of the System.

Page 7 of 7
 PURCHASE PREFERENCE (LINKED WITH LOCAL CONTENT) (PP – LC)

Manufacturers / Suppliers / Service providers (including EPC & Works Contracts) having the
capability of meeting / exceeding the local content targets as mentioned in this document shall be
eligible for 10% purchase preference, subject to their complying with the requirements /
conditions defined herein and submitting documents required in support of the same.

In case a bidder is eligible to seek benefit under Purchase PP-LC policy as well as PPP for MSE 2012,
then the bidder should declare their preference for seeking benefit against either PP-LC or MSE
policy by submitting duly filled Form-1, at the time of submission of tender. The option once
exercised cannot be modified subsequently.

In case a MSE bidder opts for purchase preference based on PP-LC, he shall not be entitled to claim
purchase preference benefit available to MSE bidders under PPP-2012. However, the exemptions
from furnishing Bid Document fee and Bid security/EMD shall continue to be available to MSE
bidders.

Order of precedence for applying the purchase preference shall be :-

(a) Public Procurement Policy for MSE 2012.

(b) Purchase Preference linked with Local Content.

Definitions

Domestic products: Goods and/or service (including design and engineering) produced by
companies investing and producing in India.

Local content: shall be the value of local components in goods, service and EPC Contracts indicated
in percentage.

Domestic Manufacturer: Business entity or individual having business activity established under
Indian law and producing products domestically.

Supplier: of goods and/or provider of service shall be a business entity having capability of
providing goods and/or service in accordance with the business line and qualification thereof.

Verification: Activity to verify the accomplishment of LC by domestic manufacturers and/or

suppliers of goods and/or providers of service with the data obtained or collected from respective
business activities.

Purchase Preference: Where the quoted price is within 10% of the lowest price other things being
equal, purchase preference may be granted to the bidders concerned, at the lowest valid price bid.

Local content (LC) in Goods: shall be the use of raw materials design and engineering towards
manufacturing, fabrication and finishing of work carried out within the country.

Local content (LC) in Services: shall be the use of services up to the final delivery by utilizing
manpower (including specialist), working appliance (including software) and supporting facilities
carried out within the country.
Factory overhead cost: indirect cost of manpower, machine/working appliance/facility and the
whole other fabrication costs needed to produce a unit of product with the cost not chargeable
directly to the specified product.

Company overhead cost: Costs related to the marketing, administration and general affairs cost
of the company.

Indian Company: means a company formed and registered under the Companies Act, 2013.

Foreign company: means any company or body corporate incorporated outside India which – (a)
has a place of business in India whether by itself or through an agent physically or through
electronic mode and (b) conducts any business activity in India in any other manner.

Purchase Preference – Linked with Local Content (LC)

Wherever the goods/services are procured under this policy, eligible (techno-commercially qualified)
LC manufacturers / LC service providers will be granted a purchase preference of 10%, i.e. where the
quoted price* is within 10% of the lowest price*, other things being equal purchase preference will be
granted to the eligible (techno-commercially qualified) LC manufacturers/ service providers
concerned, at the lowest valid price bid.

Goods:

The contract for 50% of the procured quantity would be awarded to the lowest techno-commercially
qualified LC manufacturer/supplier, subject to matching with L1 Rate. The remaining will be awarded
to L1 (i.e. Non Local Content (NLC) manufacturer/ supplier not meeting prescribed LC criteria).

However, if L1 bidder happens to be MSE, entire procurement value shall be awarded to such
bidders and if L1 bidder happens to be a LC manufacturer and there is a eligible MSE bidder also
available, LC manufacturer will get 75% of the entire procurement value and 25% will be awarded
to MSE bidder, in line with MSE policy.

In case L1 bidder is other than MSE and LC manufacturer, and there are eligible MSE and LC
manufacturer, purchase preference will be first given to MSE bidder then to LC manufacturer and
balance quantity will be awarded to L1 bidder.

Services / EPC Contracts:

If L1 bid meets prescribed LC, the said bidder will be awarded full value of the order.

If L1 does not meet the prescribed LC, the lowest bidder among the eligible LC service provider,
whether L2, L3, L4 or higher, will be invited to match the L1 bid. In case first eligible LC service
provider fails to match L1 bid, the next LC provider will be invited to match L1 bid and so on. The
entire contract will be awarded to the lowest eligible service provider, subject to matching L1 bid.

In case all eligible LC service providers fail to match L1 bid, the actual bidder holding L1 bid will
secure the order for full procurement value.

Only those LC service providers whose bids are within 10% of the L1 bid would be allowed an
opportunity to match L1 bid.
Determination of LC

LC of goods

LC of goods shall be computed on the basis of the cost of domestic components in goods, compared
to the whole cost of product. The whole cost of product shall be constituted of the cost spent for
the production of goods, covering direct component (material)cost; direct manpower cost, factory
overhead cost and shall exclude profit, company overhead cost and taxes for the delivery of goods.

The criteria for determination of the local content goods shall be as follows: -

a. In the case of direct component (material), based on country of origin

b. In the case of manpower, based on INR component, and
c. In the case of working equipment/facility, based on the country of origin

The calculation of LC of the combination of several kinds of goods shall be based on the ratio of the
sum of the multiplication of LC of each of the goods with the acquisition price of each goods to the
acquisition price of combination of goods.

LC of service

LC of service shall be calculated on the basis of the ratio of service cost of domestic component in
service to the total cost of service.

The total cost of service shall be constituted to the cost spent for rendering of service, covering :

a. Cost of component (material) which is used;

b. Manpower and consultant cost; cost of working equipment/facility; and
c. General service cost, excluding profit, company overhead cost, taxes and duties.

The criteria for determination of the cost of local content in services shall be as follows: -

a. In the case of material being used to help the provision of service, based on country of
origin;
b. In the case of manpower and consultant based on INR component of the services contract;
c. In the case of working equipment/facility, based on country of origin; and
d. In the case of general service cos, based on the criteria as mentioned in clauses a, b and c
above
e. Indian flag vessels in operation as on date.

Determination of Local Content: The determination of local content of the working

equipment/facility shall be based on the following provision, working equipment produced in the
country is valued as 100% (one hundred percent) local content; working equipment produced
abroad is valued as much as nil (0% percent) local content.

LC of EPC Contracts

LC of EPC contracts shall be the ratio of the whole cost of domestic components in the combination
of goods and services to the whole combined cost of goods and services.
The whole combined cost of goods and services shall be the cost spent to produce the combination
of goods and services, which is incurred on work site. LC of the combination of goods and services
shall be counted in every activity of the combination work of goods and services.

The spent cost as mentioned above shall include production cost in the calculation of LC of goods
and service cost in the calculation of LC of services.

Calculation of LC and Reporting

LC shall be calculated on the basis of verifiable data. In the case of data used in the calculation of LC
being not verifiable, the value of LC of the said component shall be treated as nil.

Certification and Verification:

Manufacturers of goods and/or providers of service seeking Purchase Preference under the policy
shall be obliged to verify the LC of goods, service or EPC contracts with the provision as follows:

At bidding Stage

a. Price Break up
 The bidder shall provide break-up of “Local Component” and “Imported Component” as
per the format provided in the Table - 1.
 Bidder must have LC equivalent to or in excess of 25% as mentioned in Table - 1.
b. Undertaking by the bidder
 The bidder shall submit an undertaking {(self-assessment) certified by the
Director/Authorized representative of the company)} (as shown in Attachment 1)
along with the bid stating that the bidder meets the mandatory minimum LC
requirement and such undertaking shall become a part of the contract.
 The undertaking submitted by the bidder shall be supported by a certificate from
Statutory Auditor engaged by the bidder certifying that the bidder meets the mandatory
local content requirements of the project.
 Bidder shall also submit the list of items/ services to be procured from Indian
manufacturers/ service providers.
 Bid received without LC Content (Table 1) and undertaking will not be eligible for PP-
LC purchase preference.
c. Statutory Auditor's Certificate (applicable for procurement value in excess of Rs. 10
Crores):
 The Undertaking submitted by the bidder shall be supported by a certificate (as per
Attachment 1) from Statutory Auditor engaged by the bidder certifying that the bidder
meets the mandatory local content requirements of the project.
After Contract Award:

a. In the case of procurement of goods and / or services with the value less than Rs. 10 Crores, the
LC content may be calculated (self-assessment) certified by the Director/Authorized
representative of the company.
b. The verification of the procurement of goods, service or EPC Contracts with the Value of Rs. 10
Crores and above shall be carried out by Statutory Auditor engaged by the bidder.

Each supplier shall provide the necessary local-content documentation to the statutory – auditor
which shall review and determine that local content requirements have been met, and issue a local
content certificate to that effect on behalf of procuring company, stating the percentage of local
content in the good or service measured. The Auditor shall keep all necessary information obtained
from suppliers for measurement of Local Content confidential.
The Local Content certificate shall be submitted along with each invoice raised while maintaining
the overall % of local content for the total work/ purchase of the pro-rata local content
requirement. In case HPCL is not satisfied cumulatively in the invoices raised up to that stage, the
supplier shall indicate how the local content requirement would be met in the subsequent stages.

As regards cases where currency quoted by the bidder is other than Indian Rupee, exchange rate
prevailing on the date of notice inviting tender (NIT) shall be considered for the calculation of Local
Content.

HPCL shall also have the authority to audit as well as witness production processes to certify the
achievement of the requisite local content.

Sanctions: HPCL shall impose sanction of manufacturers/ not fulfilling LC of goods/services with
the value mentioned in certificate of LC

The sanctions may be in the form of written warning and blacklisting.

In the event that a manufacturer or supplier of goods of services does not fulfil his obligation after
the specified period in such warning, HPCL can initiate action for blacklisting such
manufacturer/supplier/ Service provider.

A manufacturer and/ or supplier of goods and/ or provider of services awarded the contract after
availing Purchase Preference is found to have violated the LC provision, in execution of the
procurement contract of goods and shall be subject to financial penalty specified in the following
clause.

“The financial penalty shall be over and above the PBG value prescribed in the contract and shall
not be more than an amount equal to 10% of the contract Price”.

Attachment 1 to be Filled, Signed and Stamped as applicable by

a) Director/Authorized representative of the company for Value of Tender/PO < Rs. 10 Cr.
b) Statutory Auditor engaged by the bidder for value of Tender/PO > & = Rs. 10 Cr.

The undertaking should be given separately on letterhead and duly signed by the Director/
Officer concerned and a separate certificate/letter from Auditor in support of the
Undertaking needs to be provided.

TARGET OF LOCAL CONTENT OF GOODS/SERVICES:

Items Local Content (%) for FY 2020-2022

Service Contracts 25%

Supply Contracts 25%

EPC Contracts 40%

The prescribed local content in the above tables shall be applicable on the date of Notice Inviting
Tender.
 CALCULATION OF LOCAL CONTENT – GOODS

TABLE – 1

Name of Manufacturer Calculation by manufacturer

Cost per one unit of product

Cost component Cost Cost Cost Total % Domestic

(Domestic (Imported in %age Component
component) in Component)
%age (a) in %age (b) (c)= d = a/c
(a)+(b)

I. Direct material cost

II. Direct Labour cost
III. Factor overhead
IV. Total Production cost

Note:

% LC Goods = Total cost (IV.a)- Total imported component cost (IV.b)

X 100 Total cost (IV.c)

% LC Goods = Total domestic component cost (IV.a) x 100

Total cost (IV.c)

TO BECOME ELIGIBLE FOR PP-LC, THE PERCENTAGE COST OF DOMESTIC COMPONENT

(LOCAL CONTENT) SHOULD BE EQUAL TO OR MORE THAN 25% OF THE TOTAL PRODUCTION
COST.
CALCULATION OF LOCAL CONTENT – SERVICE

TABLE – 1
CALCULATION OF LOCAL CONTENT – GOODS AND SERVICE

TABLE 1
UNDERTAKING ATTACHMENT -1

Tender no. ________________ dated ________

We hereby state and undertake that we meet all the requirements of the PP-LC Policy (Purchase
Preference linked with local content) as set out in the tender document and herby confirm that we
are eligible for purchase preference under this policy.

In case our declaration is found to be incorrect at any point of time during the tender process or
contract execution or thereafter, HPCL shall have the right to impose sanctions as stated in the PP-
LC policy.

We hereby declare that the local content of Goods / Services / EPC / Works Contract (Tick
whichever is applicable) as per the scope of job to be executed under this tender is %.

The backup calculation has been provided in Table 1.

Signature of Tenderer

Date:

(In case quoted value exceeds Rs 10 Cr, the undertaking should be supported by a certificate from
Statutory Auditor engaged by the bidder certifying that the bidder meets the mandatory local
content requirements of the project.)
 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

HINDUSTAN PETROLEUM CORPORATION LIMITED

O&D DEPARTMENT
HINDUSTAN BHAWAN,
8. S.V MARG, BALLARD ESTATE,
MUMBAI -400 001

TENDER NO:
TENDER DOCUMENT

FOR

Centralized Energy Monitoring System

for

Various Locations

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

SPECIAL CONDITIONS
OF
CONTRACT
(SCC)

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

SPECIAL CONDITIONS OF CONTRACT

1. Completion period: The System shall be operated on Opex model. The Service
Contract period for each Location shall be 5 years subject to satisfactory
performance & as per the provisions under the General Terms & Conditions.
Contract period shall commence from the date of successful Site Acceptance Test.
Rates quoted shall be valid for the complete contract period for each location

Timelines for completing the Project implementation at each Location is 6 months.

If the Vendor fails to complete the project Work in expected timelines, penalty will
be applicable @0.5% per week subject to maximum of 5%. Penalty will be Location
wise & will be reduced from the Unit rate of the call up order placed for that
location & the new reduced rate after deduction of penalty will be the applicable
unit rate of the service contract

2. Power required for the project works shall be given by HPCL at one source inside
the premises. Further distribution at the work location shall be done by the Vendor.

3. TERMS OF PAYMENT :
Location wise monthly payment shall be made for the line items. For Multi-
Function Meter, monthly payment shall be based on the Uptime of the device as
per the SLA specified in the tender and for the Software, monthly payment shall
be made on number of Multifunction Meter integrated subject to the provisions
under the General Terms & Conditions of the Contract for deduction of taxes at
source, retention money.
Line Item No.1 will be applicable only for new Multi-Function Meter supplied under
this tender while Line Item No 2 will be applicable for Software configuration of
new as well as free issue Multi-Function Meter, Software Licenses, Database and
other related software charges.
Data Controller, Ethernet Gateway, MCBs, FOC convertor, panel modification, LAN
cable with RJ45 connector, Modbus cable, OFC cable, Power quality analyzer meter
and any other allied equipments required for successful integration and
commissioning of the system as per tender terms and condition will not be paid as
a separate device and shall be included as part of Multi-Function Meter.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

HPCL may add additional locations and devices (free issue to the Vendor for
software configuration) any time during the Contract period and such additional
Location and devices shall be paid against line item No 2

Disbursement shall be done by CPO

Schedule of Quantities (SOQ) is given in Annexure-II. The SOQ given is for all the
locations, the variation will be limited to +/-20% and call up order will be placed
by Location post site survey. Vendor shall quote rate per device per month basis
& no changes in the rates will be permitted on account of such quantity variation.

Quantities & Locations mentioned in SOQ are tentative and may change after PO
placement post site survey. Decision of HPCL will be final and binding. Payment
shall be made basis actual executed work. The total quantity mentioned in the SOQ
line items are for all 25 Locations. The call up order shall be placed on the successful
bidder post site survey at the locations. Rates per location shall be arrived by
apportioning each line item as per the call up order placed by the locations post
detailed site survey

SOQ Quantities are subject to change as per site conditions and vendor has to
carry out the Job at same rate, Terms and conditions as per site requirement later
on no claims will be entertained by HPCL in execution of project.

Supply items: Following documents shall be submitted to each Location,

respective Zone along with Supply of material;

a) Approved Data Sheet

b) Copies of invoices showing goods description, quantity, unit price
and total amount.
c) Railway receipt / Lorry Receipt / delivery challan duly acknowledged
by the Consignee.
d) Guarantee Certificate

4. Bidders are required to accept the payment terms given above without any
deviations. In case of deviations, Bidders will be given one opportunity to withdraw

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

the same without any revision in prices failing which the offer is liable to be
rejected.

3. Form C/D, Road Permits, Entry Permits etc. will not be issued by HPCL during
Project execution and Contract period.

4. Receipt of unconditional acceptance of order and security deposit as per GTC is a pre-
condition for release of any payments.

5. Vendor shall maintain adequate spares at his Centralized/ Zonal warehouse so that
any hardware downtime is limited to 72 hrs. Vendor shall submit list of spares which
will be maintained & shall be submitted along with the bid document. In case
Vendor failed to maintain the device/s or System at any Location, HPCL has the
right to replace/repair the device through alternate agency at the Vendor’s risk &
cost

6. The rates quoted should be inclusive of all taxes & duties etc.

7. The above Special conditions shall be read in conjunction with General Conditions
of Contract and Instructions to bidders. If any provision in these special conditions
is at variance with that of the aforesaid documents, the Special Conditions shall be
deemed to take precedence there over.

8. No conditions should be mentioned in the price bid. Conditional price bid shall be
liable for rejection.

9. Service support in India:

The vendor should have an established and adequate service set up in India (own
or any appointed service provider) as on due date of bid submission and thus be
in a position to handle on-time commissioning and sustenance of the overall
system (as per SLA defined separately) in the market towards the specified HPCL’s
location and customer network.
Documents Required
Declaration for managing the overall system with plans.

10. The Following are the major milestone envisaged in this Tender for each package:

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

 PO Placement
 Kick Off Meeting
 Site Survey
 Data Sheet approval & other engineering approval
 Functional Design Specification
 Test Run in UAT Environment
 Migration from UAT environment to Production
 SAT at all 25 locations

11. CEMS shall have a centralized architecture with a centralized server system hosted
at our Data Center
12. Vendor needs to submit detail requirement of resources with respect to server
hardware (UAT, Production) to deploy minimal points of failures, scalable &
industry standard redundant architecture. Vendor will finalize the same in
consultation with HPCL IT team and HPCL will provide the required server hardware
for UAT and Production in this regards.
13. Centralized server Hardware as per mentioned above shall be in HPCL scope. All
other items like licenses like Server OS, Application software, DB shall be in the
scope of the vendor.

14. New locations and or devices may be added any time during the service contract
as per HPCL’s requirement. Any such new devices and required hardware for the
new locations shall be installed and commissioned by HPCL. All hardware shall be
communicable as per the protocol mentioned in this tender. Bidder has to
successfully integrate the same with the EMS software, will all graphics,
dashboards, reports in the similar way implemented at the 25 locations. The same
will be paid under software line item and no extra payment shall be done for the
integration of the new locations

15. CONFIDENTIALITY:

The Bidders are requested to handle/respond the tender in utmost confidentiality

and shall not copy documents/information of the Corporation and shall not

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

divulge/distribute/share any documents/information or knowledge of things or

process which Bidder comes to know or acquires during the tendering/execution
process. HPCL also reserves the right to initiate appropriate legal action against
Bidder for breach of this condition or any copy right or infringement of intellectual
property of HPCL disclosed to Bidder during the tendering/execution process.

21. General:\

 No idle time charges shall be payable by HPCL, in any case what so ever.

 In the absence of any specifications covering any material, design of work (s) the
same shall be performed / supplies / executed in accordance with Standard
Engineering Practice as per the instructions / directions of the Engineer-in-Charge,
which will be binding on the bidder. These have to be completed at no extra cost
to HPCL.

 It is the clear understanding of the bidder that the complete scope as defined or
as may be required for the intended objective of this tender is included in the
quoted price. No extra payment apart from the quoted price will be made in order
to achieve the intended objectives. Reasons like, bidder having not envisaged /
considered a particular activity or element of cost required to be carried out for
achieving the intended objective or some activity not specifically mentioned in the
tender enquiry/tender but required to be carried out for achieving the intended
objective, will not form basis for considering extra payments.

 No extra payments will be made for working on extended hours / Saturdays /

Sundays / Holidays to meet the committed/required time schedules.

22. SOLE RIGHTS TO TEMPLATES / DOCUMENTATION / PROCESSES

 HPCL will have the sole rights to the templates / documentation / processes /
solution model etc. developed in the course of implementation and the Successful

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

Bidder and/or their partners will not be allowed to use them without the explicit
prior permission of HPCL in writing.

23 SUCCESSFUL BIDDER’S RESPONSIBILITY

 Successful Bidder will be wholly and solely responsible and liable for all the jobs
carried out by them / services provided by them. HPCL acceptance having signed
off a particular milestone will not exonerate the Successful Bidder from his prime
responsibilities to have done a correct job as per the requirement of the
job/contract and as per international practices in the first instance itself. If required,
Successful Bidder will be required to revisit those milestones which are already
signed off and will be required to make suitable corrections at no extra cost to
HPCL.

24. PATENT /COPYRIGHT PROTECTION

 If any third party claims that a Product/Service(s) supplied by the bidder in

connection with this contract here under infringes a patent or copyright, the bidder
will defend HPCL against that claim at Bidder’s expense and pay all costs, damages,
and attorney’s fees etc. and it would be the sole responsibility of the successful
bidder to comply with all instructions that a Court finally awards.

 If such a claim is made or is likely to be made, Bidder to enable HPCL to continue

to use, or to modify or replace the Product. If none of these alternatives is
acceptable to HPCL, the Bidder will give HPCL a credit for such Product. as well as
for all resultant consequential losses, resulting out of the non-availability of the
product for HPCL’s use.

25. COMPLIANCE TO TENDER ENQUIRY DOCUMENT

 Tender quoted should be in compliance to the tender enquiry conditions. All

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

Annexures duly filled up along with necessary documentation as requested in the

tender enquiry and / or required to support Successful Bidder’s claim must be
enclosed with the tender in the first instance itself.

 Any willful attempts by the Successful Bidder to camouflage the deviations by not
mentioning them in the prescribed format may render the bid itself non responsive.
Only the deviations which are mentioned on the format attached in tender or in
the datasheets will be taken during evaluation and remaining offer shall be
considered as exact compliance to tender enquiry.

26.0 Limitation of Liability:

26.1 In no event shall either Party to the contract be responsible for or obligated in `
any manner to pay any special , exemplary, punitive, consequential or other indirect
damages( whether under tort, negligence or strict liability ) in respect of any loss,
damage, claim or demand asserted by the other Party hereunder, even if the first
mentioned Party was informed or made aware of the possibility of such damages
26.2 The maximum liability of each Party arising from any circumstances including
negligence, errors & omissions shall be limited to the total contract value.

27.0 Bidders are required to quote the Unit rates in INR only.

TERMINATION AND OTHER APPLICABLE CLAUSES:

1. Title, Property, Damages, Losses:

1.1. At all times, all the Devices shall remain the property of the vendor and no right,
lien or encumbrance shall accrue to the benefit of HPCL. HPCL shall bear the risk
of accidental loss, theft, and damage of any kind to the Devices. In the event a
Device is lost, destroyed or damaged beyond repair, HPCL will provide the
equipment and it shall be excluded for deductions as per SLA payment
1.2. All devices software shall be property of HPCL after end of Contract Period

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

2. Term and Termination.

2.1. This Agreement shall come into force on the date of execution mentioned
hereinabove and unless earlier terminated shall remain in force for a period of 5 years.
Monthly payment for any Device shall be a minimum 12 months & maximum of 60
months , unless HPCL decides to extend it further.

2.2. Each Party may terminate this Agreement:

2.2.1. In the event the other party materially breaches its obligations under this
Agreement. If such breach is curable, the termination shall become effective if breaching
party fails to cure such breach within thirty (30) days from the date the breaching party
receives written notice of its breach from the non-breaching party; and if such breach is
not curable, with immediate effect upon written notice. It is understood that it is
considered a material breach of the Agreement entitling the vendor to terminate the
Agreement, subject to the preceding sentence if HPCL fails to make payments (except to
the extent disputed) and the amount in arrears exceeds three months monthly all
hardware and software for all of HPCL‟s location listed in contract

2.2.2. Immediately upon written notice by a party, in the event that any order of
bankruptcy or like order is passed against the other party under any applicable bankruptcy
or insolvency laws, or in the event that other party makes an assignment for the benefit
of creditors, or in the event that a trustee or receiver is appointed to administer the
business or assets of said other party.

2.2.3

2.3. Termination for breach of Service Levels:

2.3.1. HPCL may terminate the Agreement forthwith and without any liability, if for any
reason whatsoever the Uptime falls below the 80% threshold on a Project Level for any
three (3) months within a six (6) month period. below 50% for any consecutive two (2)
months within a twelve (12) month period. In case of any Termination for breach of any
Service Level, then HPCL shall not be liable to pay any further monthly Fees after such
Termination. In case HPCL terminate the contract then Vendor can take back the device
and software

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HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

SPECIFICATIONS

11
 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

INTENT OF SPECIFICATIONS

Hindustan Petroleum Corporation Limited (HPCL) intent to provide Centralized Energy

Monitoring System (CEMS) at our 25 Depots & Terminals for monitoring of energy
consumption. CEMS shall be capable of monitoring, benchmarking and comparing
electrical energy data for each Location. The System shall calculate this data for every
location which shall be available for viewing by respective location & the HQO/Zonal view
should tabulate, compare, benchmark and visualize the energy and related key
performance indices (KPIs) for corrective action with energy saving targets for respective
Locations.

Approx. 990 MFMs (new as well as free issue) are estimated for interface at these 25
Locations. These quantities are tentative and exact quantity will be finalized after detailed
design engineering. The System provided shall be scalable, open & capable for integration
of additional devices and Locations as HPCL may add more Locations and or devices
during the Service Contract. Option for configuration of another 610 devices is kept in the
Software line item for these additional locations, which may come up, at the sole
discretion of HPCL, at any point of time during the service contract. Payment for such
additional Location and devices will be made under software line item The Software shall
be based on open protocol and capable for integrating any open protocol based Data
Controller.

All functions defined in this tender document shall be performed in an integrated cohesive
manner.
Successful bidder shall visit all the sites before implementation for Site survey and make
detailed study, understanding the process.
Major scope for site survey is mentioned below but not limited to
 Checking of the existing MFM/s functioning and communicability with the
software
 Finalize requirement of the New MFM/s
 Marking existing and new MFMs in the SLD provided by HPCL
 Finalization of BOQ and Cable route for laying of OFC cable from control
room to MCC room, Modbus cable and LAN cable with-in MCC room.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

 Approval of Site Survey report Cable laying from Control room to MCC
and all cabling required for connecting instrument within the MCC room
shall be in bidders scope.

Any job, material, equipment, instrument etc. not explicitly mentioned in the Schedule of
quantity but required to be provided to meet the functional & technical requirement as
mentioned in this tender shall be in the scope of Vendor.

Any further sites visits required by the Vendor after placement of Purchase Order for
understanding the process, study the facilities, detail design engineering etc. shall be part
of the completion period.

The broad scope of the job shall consist of the following:

1) Centralized Energy Monitoring Software (CEMS) (UAT & Production) shall be
hosted in the Server at HPCL Data Center, Hyderabad. Server hardware will be free
issued by HPCL while licenses for Server OS and Application Software along with
DB etc shall be supplied by the Vendor.
2) Supply & installation of Microprocessor based Energy Meters at each Location at
the designated area as per the requirement finalized after Site Survey
3) Integration of existing compatible free issue Energy Meters, wherever specified.
4) Data Controller at each location for fetching the data from energy meters.
5) Supply of Panel with all allied accessories for mounting of Energy Meters & Data
Controller
6) Interface of CEMS with ERP System / or any other existing system through SQL
database or as advised by HPCL
7) Auto generation of uptime SLA for payment as described in the tender

Broad Deliverables of the job is

1) System should confirm the energy balancing requirement i.e Incoming supply +
Power generated within the location = Area wise consumption (A1+A2+A3 etc) +
Unaccounted consumption and identify the high consuming areas / losses.
2) Bench Marking of the Locations with respect to the specific energy consumption
and target consumption
3) Quality of incoming Power. Power quality performance report
4) Energy Audit and energy analysis module

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

5) Harmonics Generated due to inductive load/ VFD

6) Power Factor Improvement
7) Energy Efficiency and Power reliability
8) Back-up Power monitoring
9) Bi-yearly advisory module generated by the System based on the data analytics
or submit prescriptive report by experts based on the System data identifying
gaps or issues in power management system, as well as power quality issues within
electrical distribution system and recommended Vendor agnostic resolutions
10) Energy billing module
11) Dashboards, Report Module, Trend Analysis and Alarm and event management
12) Web client for – 30 concurrent user ( 1 No /Location + additional 5 Nos) for 25
Locations

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

Typical System Configuration

All the Multi-functions meters (MFMs) will be installed at the Motor Control Center (MCC)
Building and Data Concentrator/ Controller (DC) will be installed at the Control Room
where Network Switch is available. OFC Cable laying between the MCC room and Control
room to establish the communication between MFMs and DC will be in the scope of the
Vendor. At the MCC room in the Terminal, Vendor to install microprocessor based multi-
function meters with RS485 MODBUS RTU protocol for identified feeders These meters
are connected to Modbus RS485 to Ethernet Gateway with maximum 16 meters per
gateway (for additional meters additional gateway to be considered for max 16 RS485
devices max). Data concentrator unit to poll meter data (Maximum 10 parameters per
meter) every 15-minute block. The Centralized system will poll the Gateway/DCU on HPCL
Network as per the polling frequency. Vendor to integrate the existing Multi-function
meter with the system wherever available at the location.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

The CEMS shall be interfaced with HPCL ERP System. The production data (Quantity of
Product loaded/dispatched) shall be fetched from the ERP System and required KPI &
dashboard shall be developed. The EMS should have capabilities to integrate with Solar
PV System for energy monitoring using energy meters. CEMS shall in positon to show SEC
of the locations by fetching data from ERP. Providing required services and module shall
be in scope of the bidder CEM Software should be ISO 50001, ISO 50002 & ISO 50006
and IEC 62443-4-1 & IEC 62443-4-2 certified.
Features and components of Centralized Energy Management System: The
Centralized Energy Management System (CEMS) shall benchmark Locations by
providing baseline information of terminals, KPIs of terminals & shall provide
required dashboard. The Software Platform shall be certified as part of an Energy
Data Management System according to the sections of the following ISO standards:
a. ISO 50001
i. Energy review
ii. Energy baseline
iii. Energy performance indicators
iv. Monitoring, measurement, and analysis
v. Input to management review
b. ISO 50002
i. Data collection
ii. Measurement plan
iii. Analysis
iv. Energy audit reporting

c. ISO 50006
i. Obtain relevant energy performance information from the energy review
ii.Identify energy performance indicators

The Software Platform shall be certified to comply with cybersecurity standard IEC62443
SL1 at the component level: IEC62443-4-1 and IEC62443-4-2.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

In order to achieve above mentioned objectives CEMS should support open

protocols like Modbus TCP/IP, OPC-DA, etc. and support following
functionalities in broad category:
a. Real-time monitoring
b. Real-time and historical Trends
c. Alarms & Events
d. Web based reporting
e. Dashboards

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

Centralized Energy Management System shall comprise of

a) Centralized Energy Management Software (CEMS) shall be provided which shall be

integrated with the Controllers/Energy Server provided at each Location for capturing the
energy data from each energy meter. The CEMS shall meet the following requirement :
i. The CEMS shall provide HQO, Zonal & Location wise summary to provide
information of various KPIs. All custom built software components must confirm to
MVC architecture
ii. Users shall be accessing the application from their laptops/Desktops/Thin-clients
by using any internet enabled web browser. No client end software shall be required
other than standard web browser. The application shall be equally compatible with
latest two versions of popular browsers like Internet explorer, Mozilla Firefox &
Google Chrome
iii. Time Taken for login and display of starting page of application should be less than
10 sec. All subsequent pages shall load in less than 5 sec. In case the response
exceeds the expected timelines, Time out message should be displayed for the end
user with a qualified log entry should be created for administrator.
iv. The CEMS shall be interfaced with the ERP System. Any Interfacing with HPCL
existing System shall be provided through ODBC or web service as per advise from
HPCL IS Team. Method of interfacing data shall be finalized during detailed
engineering along with HPCL IS Department. Any Interface program to be written
on the CEMS side shall be in the scope of Vendor. CEMS shall be time sync with ERP
System. DCU shall be synchronized using SNTP/NTP
v. Any licensing requirement for the Software application shall be in the scope of the
Vendor, should be valid for the entire contract period & shall be submitted to HPCL
vi. Structured data base shall be provided for hosting the data. Database is to be
designed such as to be scalable 3 times the total monitoring nodes. Database
License shall be provided by the Vendor.
vii. SSL certificate is to be provided for the URL which would be used for online data
access
viii. HPCL IS team will update security updates and regular patch management as advised
by HPCL SOC Team time to time. All servers will have TrendMicro anti-virus installed
by HPCL IS Team and will be compliant with HPCL IS Security Policies that will include
regular VAPT (Vulnerability Assessment and Penetration Testing) of application code,
critical patches released for viruses etc.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

ix. Vendor has to submit all the valid License proofs for hardware and software
involved/used by the application, clearly mentioning the full support on any of the
Hardware and software components. Any upgrade to the software license, Operating
System of the device, application will be in the scope of the Vendor during the Service
contract period. Vendor should arrange upgrade OS / DB of the device for
enhancement of Application / DB if so required. Any change in the application due to
this will be under the scope of vendor without any cost to HPCL.
x. The application should call the ADS Generic Web service for User Authentication.
xi. All packet data communication from Device to Server shall be meet the security
requirement.
xii. All the data being read by the meter are to be displayed on the UI with graphical
form. It shall also provide tabular view
xiii. Data access is to be protected using secured ID and Password.
xiv. User interface shall be interactive, esthetic and shall be finalized in discussion with
HPCL
xv. No value in CEMS shall be hard coded. Any such data shall be configurable
through properties/ configuration files / frontend by an authorized user.
xvi. Even & Alarm logging, Alarm filtering shall be available
xvii. Complete Audit Trail of information like Visitor IP address, internal & external ( thru
reverse proxy), date, time, User ID, transaction details etc shall be captured in the
application and made available through front end queries & report
xviii. CEMS shall be capable of sending SMS & E-mail alerts to the designated person
xix. Data Archive Management shall be available for better storage
xx. Real time & historical trending shall be available. Historical trend should support
possibility of comparing information of minimum two different time intervals for
graphical analysis and minimum two different locations.
xxi. User shall have an option to see historical data by selecting date range using
calendar
xxii. Alert configuration, Reports, Trends and Data comparison applications shall be part
of CEMS. User shall have an option to download & export all the reports in excel.
xxiii. The Software shall be suitable for integration with all approved make Data
Controller Unit/PLC
xxiv. User shall have an option to set multiple alerts for detecting any abnormalities
including but not limited to the parameters being monitored by the Meter
xxv. Complete Logs shall be available for all activities like User action, Events, alarms etc.
No changes in Data base shall be permitted.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

xxvi. Alarm shall be visible in any screen when logged into the User interface of the
System. CEMS shall display acknowledged and unacknowledged alarm and
breakdown of alarm as per priorities. It shall allow a mechanism to sort & group
alarm and to set configurable alarm thresholds. It shall provide active alarm view to
view all active alarm. It shall have ability to display alarm in different color based
on severity
xxvii. There shall be at least 5 Layers of User Privileges viz. Admin, HQO, Zone, Location
& Operator. However, detail roles will be finalized during FDS.
xxviii. All packet data communication from Controller to Server shall be meet the security
requirement of HPCL as defined elsewhere in the tender
xxix. CEMS shall be compatible for all future upgrades.
xxx. Any upgrade required in the CEMS, OS, DB or any other module of the System
during the Contract period shall be in the Vendor’ scope
xxxi. CEMS shall provide web based reporting platform to view historical data in pre-
formatted or user defined report templates. User shall be able to create, modify
view & share their reports in the web report interface. The reporting tool shall
provide standard per-formatted report (to be finalized in consultation with HPCL).
The reporting tool shall be capable of monthly to facilitate automatic distribution
of reports according to a configurable schedule by sending emails. The CEMS shall
also support the ability to trigger the generation and delivery of a pre-configured
report based on pre-specified event or criteria

xxxii. Application Security

i. OWASP (Open Web Application Security Project) standards should be
followed in all the Programs in the Application and the Application
should be free from all applicable risks of OWASP top 10 risks.
ii. Application Servers should not redirect the Error Page Directly
iii. No Internal Server Error with the Server Configuration to be displayed
on Error case
iv. Folder Access should be restricted.
v. Default Server Documentation examples should be removed
vi. Static Files like Images / PDFs should have Authentication if
applicable.
vii. Before deploying in production, a penetration testing & certification
of the application should be done by a CERT-In empaneled party.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

viii. A code review should be carried out by a third party and a certificate
obtained that the software does not contain any malicious code. The
said third party should be approved by HPCL.
xxxiii. CEMS shall be capable to populate history data, trends & reports for a period of 3
year duration. Accordingly hardware capacity shall be planned
xxxiv. The Architecture should be proxy enabled i.e. all services including data receivers &
access should be accessible through TCP/HTTP proxy
xxxv. Following report as a min shall be available in the System :
i. Location-wise Energy consumption report
ii. Location wise Energy consumption/thruput as per the grouping
iii. Benchmarking report
iv. Report Ranking the Locations based on the consumption
v. Energy Meter up time
vi. Maximum Demand at each Location
vii. Reports and formats shall be finalized during Functional Design
Specification

xxxvi. The report shall be available to User on demand basis. Moreover based on the
requirement, User can create all above reports with following time basis
i. Daily
ii. Weekly
iii. Monthly
iv. Yearly
xxxvii. CEMS shall provide web enabled dashboards to meet requirement of Energy
summary data , historical data in tabular, graphical & trend form. User shall be able
to create, modify, view and share their dashboard without separate application.
Dashboard shall provide Location, Zonal & Corporate overview. The following min
details shall be available and shall be developed in consultation with HPCL
i. Energy Consumption for utilities
ii. Energy cost
iii. Energy & Load profile comparison
iv. Energy Savings
v. Equivalent carbon emsission or carbon footprints
vi. Trends
xxxviii. Operating System shall meet the requirement of application server, database
server and webserver and shall be at least Windows Server 16 or latest. CEMS

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

shall be on Windows 64 bit platform and support Windows 10 or above to meet

requirement of operator work station
xxxix. CEMS shall be based on the principal of horizontal scaling and should support
distributed architecture to meet the requirement of future expansion using
suitable hardware. It shall be suitable for 85 Location ( 85*15 energy meters).

xl. Data Quality Management

The CEMS vendor shall furnish a set of specialized power analytics and
reporting tools in accordance to the data validation requirements of ISO
50001 Section 4.6.1 (Monitoring, measurement and analysis) to diagnose
various data quality, power monitoring system configuration issues, and
suggest probable causes including:
1. Device has been removed or is not logging any of the requested
measurements.
2. Communications to the device has been lost or are intermittent.
3. Multiple devices have been assigned the same connection
information.
4. Load has been removed or needs repair.
5. CT shorting blocks left closed or Voltage disconnects left open.
6. Breaker has tripped.
7. Malfunctioning pulse counter.
8. Control system malfunction.
9. Current Transformer (CT) polarity error.
10. Dual load/generator or generator operating during reporting
period.
11. Metering device has multiple or high frequency logging triggers
configured.
12. Measurement units mismatch across metering devices in the
system.
13. Logging interval mismatch across metering devices in the system.

ii. The Analytics and Reporting Tools shall diagnose various energy balance
problems in the power monitoring system and suggest probable causes
including:
1. Submeters are not all fed by current meter.
2. Incorrect device names or communication information.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

3. Power meter has a misconfigured CT ratio or Potential Transformer

(PT) ratio.
4. Incorrect phase wiring in main power meter or submeter.
5. Miswired or disconnected phase.
6. Locally generated power reported as consumed power.
7. Non-radial distribution system.
8. Missized CT – the CT is too large to accurately measure the load.

iii. The Analytics and Reporting Tools shall diagnose and report various
electrical power quality issues for conditions including:
1. Over/under voltage.
2. Voltage imbalance.
3. Transformer overcapacity.
4. Excessive voltage and current harmonic distortion.
5. Excessive lagging Power Factor.

iv. The Analytics and Reporting Tools shall be intelligent enough to make
suggestions for harmonic mitigation equipment suitable to counteract any
chronic excessive harmonics conditions that may be detected.

xli. These analytics and reporting tools shall be a part of system optimization service,
which shall be provided at least twice per year at approximately six month
intervals.

b) PQ Analyzer Meter (Incomer): Multi-Function meter shall be high-accuracy class 0.2S, IEC
marked, and it shall have the following basic features
I. High-accuracy energy metering: IEC 62053-22 Class 0.2S, IEC 61557-12 PDM-S
II. Time synchronization
III. Multi-tariff support
IV. WAGES metering support
V. PQ compliance monitoring: IEC 61000-4-30 class S, IEC 62586, EN 50160, IEEE 519
VI. PQ analysis capabilities: Dip & swell detection, waveform capture, disturbance
direction detection, trending & forecasting
VII. Protocols: Modbus, DNP3, IEC 61850
VIII. Ports: RS-485, dual-port Ethernet, Ethernet-to-serial gateway
IX. Graphical, color display

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

X. Sampling rate 256 samples/cycle

c) Energy Meter (Outgoing): Multi-Function meter shall be ISI marked and bidder shall have
to furnish valid BIS certification along with the offer. It shall have the following basic features
i. 3 Phase 4 wire 415 V with RS 485 port for interfacing
ii. Accuracy class 1 as per IEC 62053-21
iii. Password protection
iv. MFM should be with Auxiliary supply
v. Operating Temperature -10 Deg. C to +55 Deg. C
vi. Protection rating: Minimum IP 51
vii. Sampling rate: 31 samples/cycle

The Energy meters shall read parameters such as

 Voltage ( Phase A-Neutral)
 Voltage ( Phase B-Neutral)
 Voltage ( Phase C-Neutral)
 Current Phase A
 Current Phase B
 Current Phase C
 Power (KW,KVA)
 Energy (KVAh & KWh)
 Power Factor
 Frequency

C) Data Concentrator Unit (DCU) / PLC- shall support Modbus RTU protocol to collect
data from energy meters and transfer this data to CEMS using Modbus TCP/IP
interface. It should ensure accurate configuration of the middle layer devices and
reliable end to end communication. DCU/PLC shall transfer data to Central Server
using secure protocol like SFTP, HTTPS etc. DCU/PLC shall support FTP, SNMP, SNTP
protocol to meet the requirement of data transfer, network management & time
synchronization. Minimum hardware specification of DCU/PLC :
 The DCU shall have several built-in web pages for viewing data stored.
 The DCU shall provide a view of real-time data for single and summary of all
connected device.
 4 Digital Inputs and Two analog inputs supporting (RTD, 0-10V, 4-20mA Sensor)
 Wi-Fi support for setup or infrastructure.
 With Built-in processor
 The DCU shall provide a dashboard view comparing multiple years data
summarized by months.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

 The DCU shall be equipped with DPWS (Device profile for web service)
technology (available on windows OS).
 256 MB Flash memory capacity and more .Available storage for logged
parameters shall be 3.5 GB.Two 10/100 Mbps Ethernet ports.
 Modbus RTU & Modbus TCP/IP protocol for data collection from MFM and
sending information to CEMS
 2 Ethernet ports to separate upstream CEMS connection, or to daisy chain with
other Ethernet devices, from field device network.
 Local backup of configuration parameters by USB storage device.
 Built-in Real-Time Clock
 -10 to +55 Operating temperature

E) EMS Web Server: CEMS will be accessed by at least 200 concurrent Users from
Location/ Zone / HQO level. Bidder to provide the web client license for the same.

Note :
1. CT, PT & cable required for connecting devices like energy meter, DCU
etc. within the same room shall be in the scope of the Vendor
2. UPS supply shall be provided by HPCL.
3. Glanding, termination etc. on the instrument side supplied under this PO
will be in the Vendor’s scope
4. Wireless infrastructure till the Wall mounted panel will be provided by
HPCL
5. HPCL will provide IP address in their network at each location for
connectivity with DCU/PLC & ERP system

HPCL Scope of Work

Dependency on HPCL is limited to

 providing adequate space to install the equipment at the Locations
 UAT and Production Server at Central Location (Hyderabad) as per the Vendor’s
Design and requirement in consultation with HPCL IS Team
 Network Points for connecting the devices to HPCL Network.

SPECIFICATION FOR FIBER OPTIC CABLE

: As per approved Make. The same shall be
Make
armored

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

Service : Required for inter-building LAN connection

wherever inter-distance between MCC and
control room to be connected exceeds 100
mtrs.

Type of Fiber : Single Mode as per ITU G652

No. of fibers : 6
No. of loose tube : 1
No. of fibers per loose tube : 6
Laying : Direct Burial (Underground)/ Outdoor
Strength member : 2 Nos. of steel wires
Armour : G.I./ Electrolytic chrome coated steel
Overall sheath : Polyethylene
No. of drum : One
Attenuation at 1310 nm : 0.38 dB/Km
Attenuation at 1550 nm : 0.25 dB/Km
Fiber cutoff wavelength : > 1150 < = 1320 nm
Connections : LAN-Fiber optic connection including all
hardware, accessories, switches is included in
the scope

Note:
1) Optical fibers shall be with buffer loose tube filled with Thixotropic Gel. Cable shall
be rodent and termite resistant and designed to protect the fibers from
environmental hazards in direct burial use.
2) Internal test certificate for attenuation and length shall be available

SPECIFICATION FOR CABLE LAYING

Cables shall be laid both aboveground on the Cable as well as underground. The Cable
shall be laid aboveground in the Gantry & on the Tanks. Apart from the Gantry & Tanks,
Cabling shall be laid aboveground to the extent possible or underground cable trench.
All aboveground cables shall be laid on the Cable tray with cover as per the specification.
Vendor shall submit detailed cable tray engineering to HPCL for approval. Cable trays
shall be supplied as per detailed design engineering after approval of same by HPCL.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

Laying of the cables underground shall be in trenches of min. 1 mt. depth in all types of
soil both hard & soft soil including dewatering, if required. Big boulders, sharp edges of
the steel sections, vegetarian, growth roots etc. if encountered shall be removed
completely. Only soft earth excavated shall be kept for refilling. Such earth shall be
approved by the Engineering-in-charge. Excavated trench shall be in true straight line as
far as possible and bends if necessary shall be provided. Such bends shall be gradual and
not sharp in nature, the excavated trench shall be approved by the Engineer-in-charge
before laying cables In case, during excavation hard rock is encountered which in the
opinion of HPCL EIC/ Consultant cannot be excavated further, then additional sand
bedding of 150 mm shall be provided over & above the 150 mm specified for the
bedding. The decision of HPCL/ Consultant is final & binding in this regard. Rate of cable
laying shall include excavation, supply and laying of two layers ( 150 mm thick each, below
and above) of river sand conforming to IS 383 and a layer of good quality bricks of
compressive strength min. 35 Kg/Sq cm. on top of the second layer of sand & backfilling
with good quality excavated earth. Rate shall also include cutting/excavation of RCC
wherever encountered & construction of RCC culvert/ cable alley in RCC 1:1.5:3 with
reinforcement as per design requirement. All care shall be taken to ensure that no
underground utilities like cables, pipelines etc. gets damaged. However, in case any
underground utility like cables/pipes are damaged, the same shall be repaired/ replaced
by the Vendor immediately at no extra cost. Rate to include backfilling of the excavated
earth & carting away surplus earth within the depot premise as directed by HPCL EIC/
Depot Manager.

Before cutting the cables exact length as per the site conditions shall be measured and
recorded. Cut ends of the cable shall be wound by insulating tape to protect them from
rain water etc. Cable ends shall not be kept open for long.

Power Cable shall be laid in separate trench and Signal & communication Cabling shall
be laid in different trench. The same may be laid in common trench provided physical
barrier in the form of bricks are provided in such a way that both are laid min 300 mm
apart.

Wherever the cables have to cross the asphalt roads, the rate quoted shall include cutting
of the asphalt WBM roads , RCC driveways, RCC slab or PCC slab etc including soling and
necessary excavation to the required depth and back filling the trench with earth/river

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

sand and restoring the cut portion by 9 “ soling above earth filling/ sand fiiling and
providing RCC 1:2:4 with 8mm reinforcement @ 200 mm c/c above soling . The backfilling
shall be rolled and compacted before soling.

Road crossing shall be done through the Hume pipe. The existing Hume pipes may be
used in case sufficient space is available for laying the cables. Supply & laying of the NP3
Hume pipes, if required, shall be in the scope of the Vendor.

Wherever the cables comes aboveground, a suitable size GI sleeve with bend shall be
used. Such pipe shall be laid 150mm below ground level and the projecting bend shall
raise to 500mm above ground level along the steel/concrete/brick columns. The sleeve
shall be neatly clamped by MS clamps of adequate size and wooden bushes. Necessary
precautions shall be taken to make the opening water tight by wooden bushes.

For entering inside the tank farm, the cables shall be through the catwalk provided for
Valve operation.

Whenever, the Cable is laid above ground, it shall be laid on the perforated cable tray
with cover or on the GI Ladder type tray. The cable shall be tied on the GI Cable tray with
GI Clamps. No PVC ties or MS wire shall be used for tying the Cable on the GI Cable tray.
Bunching of Cables or laying Cable on top of each other is not permitted.

Separate Cable tray shall be used for laying Power & Signal/ communication/ Control
Cables

The perforated GI Cable tray shall be supported at regular interval. The existing structural
support at Gantry, Tanks may be used for supporting the Cable tray. In case additional
supports are required the same shall be supplied & erected by the Vendor. Only structural
support of Cable ladder,Cable tray & Gantry metering comprising of Mass flow meter,
DCV, Strainer cum air eliminator & NRV (for Secondary product) will be paid separately
vide structural item.

HPCL shall provide cable trench in the control room . The cable trench( length, width
height), flooring modification to suit the erection of panels and consoles will be in TAS
vendor scope. Anti-rodent repellent needs to be provided by TAS vendor 1 number inside
the cable trench, 1 number in the TAS control room so as to prevent entry of rats, lizards,
reptiles. All the cables shall be neatly clamped on the cable tray and loose hanging cables
shall not be allowed.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

Cable route markers at 20 m/c and at all the bends/ turnings shall be provided.
Bending radius of cables shall not be less than 12 times O.D. of cable.
All cores of cable shall be identified at both ends by means of PVC ferrule.
Line drivers & all other accessories required in this regard are included in the scope of
work of the vendor.

Cable laying shall also include termination of Cables at both the ends. Cable leads shall
be terminated at both ends by crimped type soldering.

Approximate distance between the network cabinet and MCC for laying OFC cable is
mentioned below. The actual length may differ at site, same may be verified before
quoting. Cable route shall be finalized during site survey.
( Add all 25 Locations)

Distance between
Sr No BU Name MCC and control
room(in meters)
1 VISAKH-NEW-BLACKOIL-TM 250
2 Bahadurgarh TML MDPL 300
3 Kanpur Terminal 1000
4 VISAKHA NEW TML 400
5 SECUNDERABAD TERMINAL 200
6 HASSAN TERMINAL 600
7 Kolkata Terminal - I 800
8 CHENNAI NEW TERMINAL 600
9 DELHI TERMINAL 250
10 Manmad IRD 250
11 VIJAYAWADA TML 500
12 BHATINDA IRD 200
13 Raipur IRD 300
14 LUCKNOW IRD 250
15 MANGALORE TML 300
16 SURAYAPET TERMINAL 100
17 IRUMPANAM TML (COCHIN) 500
18 BOKARO DEPOT 500

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

19 Sholapur IRD 200

20 MATHURA INSTALLATION 350
21 Patna IRD 300
22 Akola 250
23 Wadala 350
24 Ajmer 400
25 Haldia 150

Note: Bidders has to note that the tender specifications will override on standard
specifications generated by system appearing in tender. Party has to Ignore the system
generated specifications. This specifications and attached standard specifications with
tender will be used for execution of project.

 Other Requirement

 Functional Design Specification: Vendor shall submit the

Functional Design Specification which shall comprise of GUI,
Dashboard Design, Reports format, System configuration,
Data acquisitions & transfer, ERP interface etc. complete
philosophy.
 Factory Acceptance Test: Software shall be tested at the
factory on simulation and shall be dispatched after clearance
from HPCL. Vendor shall submit the test procedure at least
15 days prior to the acceptance test to HPCL for review and
approval. Vendor shall resubmit the procedure incorporating
the revisions, if any, for approval by HPCL.
 Factory test shall be conducted at Vendor’s factory/Office. Duration of FAT
shall be minimum 2 days.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

 All approved screens, KPI, Dashboard, Overview, SLA logic, data capturing
from random Energy Meters (approx. 15 Nos.) through DCU (approx. 3
Nos.) etc. shall be demonstrated in FAT as minimum.

 Site Acceptance Test: The complete System will be tested

after all the energy meters are integrated, stabilized readings
are available and reports & dashboard are available for min
15 days period. If any energy meter could not be interfaced
because of reasons not attributable to the Vendor then the
same shall be excluded from the scope of testing. Vendor will
have to interface such Energy meter during warranty/ CAMC
period. The Contract period of each Location shall commence
from successful SAT.

o Successful SAT for the Location will be liquidation of SAT Punch

Points, if any.

 Software Licensing: All software components of the Centralized Energy

Management System including any Third Party Software components of
the solution like Data base, Operating System shall be perpetually licensed
to HPCL. All updates to the these components shall be provided free of
cost during the Contract period
 All involved software ( like native OS, Databases, Application) should have
proper support agreement with the OEM. Vendor to provide required
proof about this time to time whenever HPCL asks for the same.

 Source Code : All source code pertaining to customization of CEMS

application to meet HPCL business functionality and to interface the
application to HPCL’s other business application will be the property of
HPCL and HPCL will have full copy right on the source code

o Vendor will pass on the required number of copies of such source

code to HPCL on designated media on commissioning of the
System. Vendor will also provide the updated/modified version of

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

the source code after any changes due to process change/

debugging during warranty/ AMC period.

o Data ownership with HPCL & ERD should be provided to HPCL to

leverage the data for integration with other internal applications.

 Documentation & Training: Vendor must provide complete documentation &

training aids like manuals, presentation & the same will be carried out at Zonal
Level and HQO level. The training shall cover User based privileges, Software
features, interlock etc complete
Following document to be provided
 Approved Data Sheet, Test Certificates
 Paper Licenses
 Functional Design Specification
 SAT procedure ( Location wise)
 Application Administration Manual
 Role based User Manual
 Trouble shooting
 ERD of Database

Service Level Agreement :

 Uptime calculation is applicable for MFMs supplied under this tender

 The uptime based calculation shall be auto generated by the System & shall be
available to the Location/Zone/HQO Users.
 The uptime is defined as availability of Energy Meter Data & their report at the
CEMS

 Payment shall be released location wise as per the following slab :

 Uptime of Energy  Payment
Meter
 >95%  100%
 >85% <=95%  80%
 >75% <=85%  50%
 <=75%  NIL

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

 Uptime of the device shall be calculated as given by the formula “X/Y” :

o X is the actual number of monthly data of the device at the CEMS

o Y is the total number of Data that device should generate as per the pre-
defined (configurable) frequency. Any change in this frequency, the
System shall change the calculation accordingly.

 Exclusion for calculation of X : If the device or the System is not operational due
to any reason not attributable to the Vendor. Also the device which are free issue
to the vendor, shall also be excluded from the calculations.

 Vendor will be required to submit the installation MOM of each location.

 The vendor shall be fully responsible for proper selection of equipment,

engineering, performance and successful operation of the complete
system including all bought out equipment, subsystems supplied by them

 Software support and technical services: Software additions / modifications

so required for meeting the overall functionalities as specified in the
tender, technical assistance to OEM’s Engineers, technical discussions with
OEM’s Engineers /Technicians at vendor’s facility etc. are included. Remote
access to the Server/s shall be provided to the authorized software
personnel through PIMS application on need basis.

 Any Software/ OS /Hardware firmware upgrade should be included at no

extra cost.
 Antivirus and its update will be under HPCL scope.

 Vendor should keep minimum 5% of all equipment installed at locations as spare

parts at their nodal offices throughout the during contract period to ensure
timely replacement of faulty equipment. The same shall be updated in Spare
Management Module for visibility and management. At the end of CAMC, spares
will be the property of the vendor.
 In case the problem resolved by the Vendor in reasonable time, HPCL will be free
to resolve the issue through OEM/alternate agency at the risk and cost of the
Vendor.

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Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

 All functionality as mentioned in the tender to be will be in scope of vendor. Any

report, trend, events notifications, alarms modifications, graphics modifications
during warranty and CAMC period shall be done free of cost without any extra
charges to HPCL.
 The vendor shall be fully responsible for proper selection of equipment,
engineering, performance and successful operation of the complete
system including all bought out equipment, subsystems supplied by them
 Vendor will be required to submit the installation MOM of each location
 Strict adherence to HPCL’s Safety, Health & Environment policy
 System should be rugged and can work in Oil and gas Scenario.

 Supplier shall customize the software as per HPCL requirements viz

Location Name, user name, HP logo etc. as and when appear.
 On successful acceptance, supplier shall arrange training to officers at all
locations where the system is being provided, on operation and usage of
EMS
 If any equipments supplied by the bidder is not functioning the same to be
repaired and made it functional, the payment will be done as per SLA till
the time the equipment is repaired/replaced
 Any failure of the equipment’s free issued to successful bidder shall be in
the scope of the HPCL.
 At the end of the contract period the equipments shall be the property of
the HPCL.
 In the case of this tender, HPCL will not take ownership of the customized
code, but a right to keep and use such code without restrictions. Vendor
will be free to integrate features/capabilities thus developed back into the
parent product.

 Handing over of source code does not absolve the vendor from the
responsibility of delivering all functionalities expected as per tender –
including reporting, management, integration etc, fulfilling HPCL’s
confidentiality, integrity and availability considerations, in a timely manner

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Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

Inspection by TPI Agency

Scope of Inspection by TPI Agency is as below Inspection of material/product

Approval of data sheets, drawings, QAP & other documentation etc shall be done by
HPCL. Third party inspection agency shall do the inspection for all the supply item as per
the approved QAP/Data Sheet and submit dispatch clearance certifying the equipment
conform to the specifications given in the purchase order. Any additional test beyond
QAP/ Data sheet sought by the TPI for verification shall be arranged by the Vendor at no
extra cost

Vendor shall hire any of the following TPI agencies to carry out the inspection as per the
approved QAP, drawings & data sheets and issue of dispatch clearance

Approved Third Party Inspection agencies for materials/ product are:

BV / EIL /DNV /ICS /Lloyds /IRS/PDIL/MECON/ Mott MacDonald

Third Party inspection report shall be submitted to HPCL for review & record. HPCL
reserves the right to be involved and satisfy itself at each and every stage of inspection.
HPCL shall be free to request specific test on any equipment considered necessary by
them although not listed in this specification, the cost of performing all tests shall be
borne by the Vendor.

Vendor shall note that acceptance of any equipment or the exemption of inspection or
testing shall in no way absolve the Vendor of the responsibility for delivering the
equipment meeting all the requirements specified in this document.

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Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

The inspection and testing shall include but not be limited to raw materials, components,
Sub-assemblies, prototypes, produced units, guaranteed performance specifications etc.
For factory inspection and testing, Vendor shall arrange all that is required e.g. quality
assurance personnel, space, test gear etc for successfully carrying out the job by the HPCL
and/or his representative at Vendor’s cost at the manufacturer's works.

APPROVED VENDOR LIST

S. No Equipment Approved Make

1. 3 Phase, 4 Wire, Multi- Schneider / Siemens / ABB
Function Meter
2. Data Concentrator Unit/ PLC ABB/Siemens/Schneider/L&T
for power supply
3. Industrial Grade Managed L&T/Moxa/Korenix/Ruggedcom/Robustel
Ethernet Switch
4. Isolator/RS232 to RS 485 ABB/MOXA/Schneider/Siemens
convertor
5. RS 485 Serial twisted pair Belden/LAPP
shielded cable
6. Wall Mounted Panel Rittal/Pyrotech/ L&T
7. EMS Server/Web Server Dell/HP/IBM
8 Database MSSQL/Oracle/PostgreSQL
9 Energy Monitoring Software Schneider/ ABB / Siemens
compliance to latest ISO
standard and cyber secured
standard (latest edition)
10 Fiber Optic cable Lucent, Optel, Finolex, Avaya, HCLcomnet, ABB,
Siemens, D-Link, RPG

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

SAFETY PRACTICE

HPCL AUTOMATION OF TERMINALS/DEPOTS

SAFETY / SECURITY OF MATERIALS

The responsibility of safety and security of materials and equipments brought or installed
by the contractors (till they are handed over to us) will remain with contractor and any
claim, of what so ever nature due to any loss or otherwise, will not be entertained. The
contractor will have to hand over completed job in its entirely as per work order.

SECURITY OF CONTRACTOR’S MATERIALS

HPCL shall not be responsible for the security of Contractor’s materials / equipment.

SAFETY PRECAUTIONS AND HOT WORK

Contractor shall have to take all safety precaution for carrying out hot work in the
premises after obtaining hot work permit from location in charge at his own cost as
directed by the Engineer-In-Charge. Necessary safety equipment such as safety belts,
helmets, etc., and other safety instruments are to be positioned by the contractor and the
same shall be used by the work force as per work requirement. The contractor has to
enforce the same.

Safety distance as per CCE Rules and Oil Industry Safety Directorate shall be maintained
strictly.

Any casualty or damage caused to property or person by any untoward incidents while
executing this contract will be at the contractor’s risk and cost.

The contractor shall strictly follow safety practices during work at site as per the copy of
OISD 192 enclosed along with the tender document.

HOT WORK PERMIT

No hot work is permitted without issuance of hot work permit by location in-charge. The

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

hot work permit will be issued in the HPCL approved format on a day-to-day basis.

After completion of work, the sites should be cleared of all scrap, contractor’s equipment
and machinery used in fabrication.

Necessary assistance shall be provided by the contractor at the time of commissioning of

the tank / pipelines by providing required manpower /equipment as per the requirement
of the sites engineer / location in charge.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

HEALTH, SAFETY

AND ENVIRONMENT

REQUIREMENTS

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

SAFETY , HEALTH & ENVIRONMENT POLICY

SPECIFICATION FOR HEALTH, SAFETY AND ENVIRONMENT (HSE)

MANAGEMENT

CONTENTS

________________________________________________________________

CLAUSE NO. TITLE PAGE NO.

1.0 SCOPE

2.0 REFERENCES

3.0 REQUIREMENT OF HEALTH, SAFETY AND

ENVIRONMENT (HSE)

3.1 MANAGEMENT RESPONSIBILITY

3.2 HOUSE KEEPING

3.3 SAFETY, HEALTH & ENVIRONMENT

4.0 DETAILS OF HSE MANAGEMENT SYSTEM

BY CONTRACTOR

4.1 ON AWARD OF CONTRACT

4.2 DURING JOB EXECUTION

1.0 SCOPE

This specification establishes the Health, Safety and Environment (HSE) management
requirement to be complied with by the Contractors during construction.

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

Requirements stipulated in this specification shall supplement the requirements of HSE

Management given in relevant Act (s) / legislations. General Conditions of Contract
(GCC), Special Conditions of Contract (SCC) and Job Specifications. Where different
documents stipulate different requirements, the most stringent shall be adopted.

2.0 REFERENCES

This document should be read in conjunction with following:

- General Conditions of Contract (GCC)

- Special Conditions of Contract (SCC)
- Job Specifications
- Relevant IS Codes (refer Annexure – I)

3.0 REQUIREMENTS OF HEALTH, SAFETY & ENVIRONMENT (HSE)

MANAGEMENT SYSTEM TO BE COMPLIED BY BIDDERS

3.1 MANAGEMENT RESPONSIBILITY

3.1.1 The Contractor should have a documented HSE policy to cover commitment of
their organization to ensure health, safety and environment aspects in their line
of operations.

3.1.2 The HSE management system of the Contractor shall cover the HSE
requirements including but not limited to what is specified under Para 1.0 and
para 2.0 above.

3.1.3 Contractor shall be fully responsible for planning and implementing HSE
requirements. Contractor as a minimum requirement shall designate / deploy the
following to co-ordinate the above :

No. of workers deployed Up to 250 - Designate one safety supervisor

Above 250 & up to 500 - Deploy one qualified and experienced

safety Engineer / officer

Above 500 -One additional safetyengineer/officer as above.

(for every 500 or less)

Contractor shall indemnify & hold harmless Owner / HPCL & either representative free
from any and all liabilities arising out of non – fulfilment of HSE requirements.

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Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

3.1.4 The Contractor shall ensure that the Health, Safety and Environment (HSE)
requirements are clearly understood & faithfully implemented at all levels at
sites.

3.1.5 The Contractor shall promote and develop consciousness for Health, Safety and
Environment among all personnel working for the Contractor. Regular awareness,
programme and fabrication shop / work sites meetings shall be arranged on HSE
activities to cover hazards involved in various operations during construction.

3.1.6 Arrange suitable first aid measures such as First Aid Box, trained personnel to
give First Aid, Stand by Ambulance or Vehicle and install fire protection
measures such as : adequate number of steel buckets with sand and water and
adequate fire extinguishers to the satisfaction of HPCL/Owner.

3.1.7 The Contractor shall evolve a comprehensive planned and documented system
for implementation and monitoring of the HSE requirements. This shall be
submitted to HPCL/Owner for approval. The monitoring for implementation shall
be done by regular inspections and compliance to the observations thereof. The
Contractor shall get similar HSE requirements implemented at his sub-
contractor(s) work sites/office. However, compliance of HSE requirements shall
be the sole responsibility of the Contractor. Any review / approval by
HPCL/Owner shall not absolve contractor of his responsibility / liability in relation
to all HSE requirements.

3.1.8 Non-Conformance on HSE by Contractor (including his Sub-contractors) as

brought out during review/audit by HPCL/Owner representatives shall be resolved
forthwith by Contractor. Compliance report shall be provided to HPCL/Owner.

3.1.9 The Contractor shall ensure participation of his Resident Engineer / Sites-in-
Charge in the Safety Committee / HSE Committees meetings arranged by
HPCL/Owner. The compliance of any observations shall be arranged urgently. He
shall assist HPCL/Owner to achieve the targets set by them on HSE during the
project implementation.

3.1.10 The Contractor shall adhere consistently to all provisions of HSE requirements.
In case of non-compliance or continuous failure in implementation of any of
HSE provisions; HPCL/Owner may impose stoppage of work without any Cost
& Time implication to Owner and/or impose a suitable penalty for non-
compliance with a notice of suitable period, up to a cumulative limit of 1.0%
(one percent) of Contract Value with a maximum limit of Rs. 10 lakhs. This

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Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

penalty shall be in addition to all other penalties specified else where in the
contract. The decision of imposing stoppage work, its extent & monitory penalty
shall rest with HPCL/Owner & binding on the Contractor.

3.1.11 All fatal accidents and other personnel accidents shall be investigated by a team
of Contractor’s senior personnel for root cause & recommend corrective and
preventive actions. Findings shall be documented and suitable actions taken to
avoid recurrences shall be communicated to HPCL/Owner. Owner / HPCL shall
have the liberty to independently investigate such occurrences and Contractor
shall extend all necessary help and co-operation in this regard.

3.2 HOUSE KEEPING

3.2.1 Contractor shall ensure that a high degree of house keeping is maintained and
shall ensure inter-alia the followings:

a. All surplus earth and debris are removed/disposed off from the working
areas to identified location(s).

b. Unused/Surplus Cables, Steel items and steel scrap lying scattered at

different places within the working areas are removed to identified
location(s).

c. All wooden scrap, empty wooden cable drums and other combustible
packing materials, shall be removed from work place to identified
location(s).

d. Roads shall be kept clear and materials like: pipes, steel, sand boulders,
concrete, chips and bricks etc. shall not be allowed on the roads to
obstruct free movement of men & machineries.

e. Fabricated steel structural, pipes & piping materials shall be stacked

properly for erection.

f. Water logging on roads shall not be allowed.

g. No parking of trucks / trolleys, cranes and trailers etc. shall be allowed

on roads which may obstruct the traffic movement.

h. Utmost care shall be taken to ensure over all cleanliness and proper
upkeep of the working areas.

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Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

i. Trucks carrying sand, earth and pulverized materials etc. shall be covered
while moving within the plane area.

3.3 HEALTH, SAFETY AND ENVIRONMENT

3.3.1 The Contractor shall provide safe means of access to any working place
including provisions of suitable and sufficient scaffolding at various stages
during all operations of the work for the safety of his workmen, and,
HPCL/Owner. Contractor shall ensure deployment of appropriate equipment and
appliances for adequate safety and health of the workmen and protection of
surrounding areas.

3.3.2 The Contractor shall ensure that all their staff and workers including their sub-
contractor(s) shall wear Safety Helmet and Safety shoes. Contractor shall also
ensure use of safety belt, protective goggles, gloves etc. by the personnel as per
job requirements. All these gadgets shall conform to relevant IS specifications or
equivalent.

3.3.3 Contractor shall ensure that a proper Safety Net System shall be used at
appropriate locations. The safety net shall be located not more than 30 feet
(9.0 metres) below the working surface at sites to arrest or to reduce the
consequences of a possible fall of persons working at different heights.
3.3.4 Contractor shall ensure that flash back arrester shall be used while using Gas
Cylinders at sites. Cylinders shall be mounted on trolleys.

3.3.5 The Contractor shall assign to his workmen, tasks commensurate with their
qualification, experience and state of health for driving of vehicles, handling
and erection of materials and equipments. All lifting equipments shall be tested
certified for its capacity before use. Adequate and suitable lighting at every
work place and approach there to, shall be provided by the Contractor before
starting the actual operations at night.

3.3.6 Hazardous and/or toxic materials such as solvent coating, or thinners shall be
stored in appropriate containers.

3.3.7 All hazardous materials shall be labeled with the name of the materials, the
hazards associated with its use and necessary precautions to be taken.

3.3.8 Contractor shall ensure that during the performance of the work, all hazards to
be health of personnel, have been identified, assessed and eliminated.

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Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

3.3.9 Chemical spills shall be contained & cleaned up immediately to prevent further
contamination.

3.3.10 All personnel exposed to physical agents such as ionizing radiation, ultraviolet
rays or similar other physical agents shall be provided with adequate shielding
or protection commensurate with the type of exposure involved.

3.3.11 Where contact or exposure of hazardous materials could exceed limits or could
otherwise have harmful affects, appropriate personal protective equipments such
as gloves, goggles, aprons, chemical resistant clothing and respirator shall be
used.

- A Crèche where 10 or more female workers are having children below

the age of 6 years.

- Reasonable Canteen facilities are made available at appropriate location

depending upon sites conditions.

3.3.13 Suitable facilities for toilet, drinking water, proper lighting shall be provided at
sites and labour camps, commensurate with applicable Laws / Legislation.

3.3.14 Contractor shall ensure storage and utilization methodology of materials that are
not detrimental to t he environment. Where required Contractor shall ensure that
only the environment friendly materials are selected.

3.3.15 All persons deployed at sites shall be knowledgeable of and comply with the
environmental laws, rules & regulations relating to the hazardous materials
substances and wastes. Contractor shall not dump, release or otherwise discharge
or dispose off any such materials without the express authorization of
HPCL/Owner.

4.0 DETAILS OF HSE MANAGEMENT SYSTEM BY CONTRACTOR

4.1 On Award of Contract

The Contractor shall prior to start of work submit his Health, Safety and Environment
Manual or procedure and HSE Plans for approval by HPCL/Owner. The Contractor
shall participate in the pre-start meeting with HPCL/Owner to finalise HSE Plans
including the following :

- Job procedure to be followed by Contractor for activities covering. Handling

of equipment, Scaffolding, Electric Installation, describing the risks involved,

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Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

actions to be taken and methodology for monitoring each activity.

- HPCL/Owner review / audit requirement.

- Organization structure along with responsibility and authority records / reports etc.
on HSE activities.

4.2 During job execution

4.2.1 Implement approved Health, Safety and Environment management procedure

including but not limited to as brought out under para 3.0. Contractor shall also
ensure to:

- arrange workmen compensation insurance, registration under ESI Act, third

party liability insurance etc., as applicable.

- arrange all HSE permits before start of activities (as applicable) like hot work,
confined space, work at heights, storage of chemical / explosive materials and
its use and implement all precautions mentioned therein.

- submit timely the completed checklist on HSE activities, Monthly HSE report,
accident reports, investigation reports etc. as per HPCL/Owner requirements.
Compliance of instructions on HSE shall be done by Contractor and informed
urgently to HPCL/Owner.

- ensure that Resident Engineer / Sites-in-Charge of the Contractor shall

attend all the Safety Committee / HSE meetings arranged by
HPCL/Owner. Only in case of his absence from sites that a second
senior most person shall be nominated by him in advance and
communicated to HPCL/Owner.

- display at sites office and work locations caution boards, list of hospitals,
emergency services available.

- provide posters, banners for safe working to promote safety consciousness.

- carryout audits / inspection at sub contractor works as per approved HSE

document and submit the reports for HPCL/Owner review.

- assist in HSE audits by HPCL/Owner, and submit compliance report.

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Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

- generate & submit HSE records / report as per HSE Plan.

- appraise HPCL/Owner on HSE activities at sites.

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HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

ENCLOSURE

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

ANNEXURE –I
TERMINATION AND OTHER APPLICABLE CLAUSES:

1. Title, Property, Damages, Losses:

At all times, all the Devices shall remain the property of the vendor and no right,
lien or encumbrance shall accrue to the benefit of HPCL. HPCL shall bear the risk
of accidental loss, theft, and damage to major components of the Hardware,
beyond repair, if found accountable to HPCL and not to the Vendor after internal
investigation by HPCL. In the event a Device is lost, destroyed or damaged beyond
repair not attributed to vendor and same has been ascertain on joint verification by
HPCL and Vendor, HPCL shall be liable to pay to the vendor a compensation as
mentioned below

For Power analyzer meter: 20% of the Monthly Opex Cost for Hardware as
per line item for the remaining life(18 months, see note below) unbilled

For MFM: 2% of the Monthly Opex Cost for Hardware as per line item for
the remaining life(18 months, see note below) unbilled

For Ethernet Gateway/DCU: 5% of the Monthly Opex Cost for Hardware as

per line item for the remaining life(18 months, see note below) unbilled

Note : For the purpose of the calculation of the compensation, life of major
hardware components shall be considered as 18 months from the date of commissioning.

In case the equipment is repairable and damage was attributable to HPCL

and not to the Vendor, then it shall be repaired by vendor/ other Vendor and the
market cost of repair as reasonably ascertained by HPCL at the time of repair shall
be paid as per the actual repair cost. Tax invoice shall be given by vendor to HPCL
for such repair if done by the Vendor.

2. Term and Termination.

2.1. This Agreement shall come into force on the date of execution mentioned
hereinabove and unless earlier terminated shall remain in force for a period of 5 years.
Monthly Term for EMS shall be a minimum 12 months & maximum of 60 months , i.e from

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Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

the date of succesful SAT upto the end of the contract period of 5 years , unless HPCL
decides to extend it further.

2.2. Each Party may terminate this Agreement:

2.2.1. In the event the other party materially breaches its obligations under this
Agreement. If such breach is curable, the termination shall become effective if breaching
party fails to cure such breach within thirty (30) days from the date the breaching party
receives written notice of its breach from the non-breaching party; and if such breach is
not curable, with immediate effect upon written notice. It is understood that it is considered
a material breach of the Agreement entitling the vendor to terminate the Agreement,
subject to the preceding sentence and with the consequences set forth in Section 2.4
below if HPCL fails to make payments (except to the extent disputed) and the amount in
arrears exceeds three months’ aggregate monthly Fees for all of HPCL’s Monthlys..

2.2.2. Immediately upon written notice by a party, in the event that any order of bankruptcy
or like order is passed against the other party under any applicable bankruptcy or
insolvency laws, or in the event that other party makes an assignment for the benefit of
creditors, or in the event that a trustee or receiver is appointed to administer the business
or assets of said other party.
2.2.3. If HPCL terminates the Agreement without assigning any reason, it shall be liable
to pay a Termination Fee as defined below:

a. In the event that the Device is not returned to the vendor, the Termination Fee shall be
2% for each device of the monthly Monthly Fee payable for such Monthly, multiplied by
the number of months remaining in the Monthly Term
b. If the Device is returned to the vendor, no Termination fee shall be payable.

2.3. Termination for breach of Service Levels:

2.3.1. HPCL may terminate the Agreement forthwith and without any liability, if for any
reason whatsoever the Uptime falls below the 90% threshold on a Project Level for any
three (3) months within a six (6) month period at any or overall locations
In case of any Termination for breach of any Service Level, then HPCL shall not be liable
to pay any Termination fee.

2.4. Device Recovery.

If the Agreement is terminated, HPCL will return all Devices to the vendor taking due care
to not damage or destroy them. Alternatively, HPCL may make the site available with
Devices available to the vendor for de-installation of the Devices. Such de-installation
shall be free-of-charge in the case of termination by HPCL pursuant to any Clause The

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 HINDUSTAN PETROLEUM CORPORATION LIMITED
Supply, Installation & Commissioning of Centralized Energy
Monitoring System for various Locations

monthly fee shall stop from the date of termination, except for the liability to pay a
percentage of the Monthly Fee for the balance unused term, as already specified in 2.2.3
above.

3. Pricing
3.1. For each Monthly, HPCL shall pay to the vendor, the monthly Monthly Fee of Indian
Rupees as finalized through Tender Process & as spelt out in Tender Terms & Conditions

6. Clarifications:
6.1. Prospective bidders/ vendors are encouraged to seek clarifications before bidding/
tendering so that there is a proper understanding of the contract, the Services which are
to be provided and is expected from the Vendor and in order to address any issues which
are not covered adequately under the tender terms.
6.2. A failure to properly understand the scope of work may entail substantial losses and
risks to the prospective tenderers and they are advised to take particular note of the same.
7. Liabilities: Neither party shall be to the other or to any third party for any consequential,
punitive, indirect, special or exemplary damages or losses, howsoever caused and
whether under the principles of strict liability, equity or any other principle of law. The
maximum liability of either party under this Contract under a claim for damages shall not
exceed the total value of the Monthly Fees for six months for each location

8. Modifications : If after placement of Purchase Order and /or during the course of
contract , certain issues arise which were not contemplated by the parties ( for resolution
) then both parties shall mutually discuss the said issues in good faith with a view to
resolve the same

ANNEXURE –II
SR NO ITEM DETAILS QOM QUANTITY

1 OPEX CHARGE EA 59,400.000

MF METER PER
MONTH
2 OPEX CHARGE EA 96,000.000
SOFTWARE PER
MONTH

51
Tender No. : 20000329-HD-10157 Tender Published On : 31-Aug-2020 10:56

GENERAL DOCUMENTS
Sl.No. Description Attached File Set Value Supporting
Doc. Req'd
1 NOTE TO BIDDERS ON GST 2. NOTE TO BIDDERS ON - No
GST.pdf
2 VENDOR DETAILS AND GST DECLARATION 4.VENDOR DETAILS AND GST - No
DECLARATION.pdf
3 E PAYMENT MANDATE 5. E PAYMENT MANDATE.pdf - No
4 DECLARATIONS TO UPLOAD 6. DECLARATIONS - No
BLACKLISTING AND
RELATIVES.pdf
5 INTEGRITY PACT INTEGRITY PACT.pdf - No
6 TIPS FOR BID SUBMISSION TipsBidsubmission.PDF - No
7 ONLINE EMD MANUAL ONLINE TF EMD VENDOR - No
MANUAL.pdf
8 GENERAL TERMS AND CONDITIONS GTC_Works.pdf - No
9 BG FORMATS BG Formats.pdf - No
 ADDITIONAL NOTE TO BIDDERS ON GST
______________________________________________________________________________

1) PRICE BID:

a) Price-bid format: Bidders are advised to ensure that the Price Bid is quoted and uploaded in the e-
procurement system. Quoted price shall include Basic cost, packing charges, loading charges, Insurance,
Freight, Third Party Inspection Charges and any other charges, if any.

b) Bidders have to ensure that Bid Price is not mentioned anywhere in the Techno Commercial bid, failing
which the bid is liable to be rejected.

2) TAXES & DUTIES:

a) Bidders to provide GSTIN number, HSN/SAC Code of the Material/Services being supplied and the
applicable GST rates separately in the space provided for the same.

b) The Vendor accepts full and exclusive liability for the payment of any and all applicable taxes (CGST,
SGST, IGST, UTGST), levies and statutory payments payable under all or any of the prevailing
Central/State statues.

c) The Vendor shall comply with all the provisions of the GST Act / Rules / requirements like providing
of tax invoices, payment of taxes to the authorities within the due dates, filing of returns within the due
dates etc. to enable HPCL to take Input Tax Credit.

In case of imports, vendor shall provide import documents and invoice fulfilling the requirement of
Customs Act and Rules. Vendor will be fully responsible for complying with the Customs provisions to
enable HPCL to take Input Tax Credit. In case, HPCL is not able to take Input Tax Credit due to any
non-compliance/default/negligence of the seller of goods / service provider, the same shall be recovered
from the pending bills/dues (including security deposit, BG etc.)

Vendor shall be responsible to indemnify the Corporation for any loss, direct or implied, accrued to the
Corporation on account of supplier/service provider failure to discharge his statutory liabilities like paying
taxes on time, filing appropriate returns within the prescribed time etc.

d) Every invoice of the vendor shall contain invoice number, date, GSTIN number and HSN/SAC code
(Harmonized system Nomenclature/service accounting code) for the items being supplied or services
being provided along with tax rate.

e) The Vendor shall mention their registration status (Registered / Composition / Unregistered) on the
bill/invoice. In case there is change in the Registration status of the vendor during the execution of the
contract the same should be advised immediately. Due to change in the Registration status from
Composition to Registered vendor etc. Corporation will not be liable for any additional tax payments.

f) GST (CGST/SGST/IGST/UTGST) as applicable shall be reimbursed for the supplies/services.

g) Corporation will be liable to pay only those taxes and levies as indicated by vendor at the time of Price
Bid submission/as agreed subsequently (prior to opening of priced bids). If the actual rate of GST as per
GOI notification for the item tendered is different from the rate quoted by bidder( i.e the actual rate of
GST is more than quoted by bidder), HPCL will pay the actual tax as per GOI notification by reducing the
equivalent amount of differential GST in basic rate of supply/service quoted by bidder.
 ADDITIONAL NOTE TO BIDDERS ON GST
______________________________________________________________________________
h) Any tax, levies or any other form of statutory levies or cost as on closing date of the tender will be
treated as included in Priced bid. Taxes, Duties, and Levies not indicated by vendor in the unpriced Bid,
but payable, shall be to Vendor’s account.

i) New taxes / change in tax rates / levies imposed by the Indian/State Governments through Gazette
notification after the date of submission of last Price Bid but prior to Contractual Delivery Date, the
Corporation shall reimburse/ adjust the increase/ decrease in taxes on satisfactory supporting documents
being provided by the vendor.

j) In case goods are not supplied/services not provided within the scheduled delivery period, then the
increase in the statutory levies, if any, shall be on vendor’s account.

3) ROAD PERMIT/WAY BILL CLAUSE

a) Suppliers/Contractors shall arrange Road Permits/Waybills by themselves and comply with the statutory
laws of the concerned state.

b) In case as per state laws the issuance of Road Permit/Waybill is to be arranged by the buyer, HPCL will
arrange to issue Road Permit/Waybill. In case of imposition of any Tax the same shall be discharged by
the buyer and the same will be adjusted against the payments due to vendors against their bills.

4) ANTI-PROFITEERING CLAUSE

GST Act. Anti-profiteering provisions mandates that any reduction in tax rates or benefits of input tax
credits be passed on to the consumer by way of commensurate reduction in prices. Vendors to take note
of the same and pass such benefits while quoting their price.

5) EVALUATION OF BIDS: Evaluation will be done inclusive of all taxes OR exclusive of taxes as
detailed in the tender document.

Registered Vendors: The tax liability will be borne by the vendor and the same shall be considered for
the purpose of evaluating the bid.

Unregistered vendors: The tax liability will be borne by HPCL under reverse charge and the same shall
be loaded for the purpose of evaluating the bid.

Vendors under composition scheme: The rate is considered to be inclusive of all taxes and no separate
tax shall be billed to HPCL and the bid shall be accordingly evaluated.

For this purpose vendor should give status whether Registered, Unregistered or Composition Scheme.
In case of different rates of GST quoted by the vendors, Corporation reserves the right to query on the
same and adopt the correct classification and GST rate. The decision of Corporation in this regard will be
final and binding on the vendor.

For imports, all relevant costs/taxes (as mentioned elsewhere in the tender documents) will be included
for the purpose of evaluation.

6) GSTIN Number
 ADDITIONAL NOTE TO BIDDERS ON GST
______________________________________________________________________________
States where the supplies/services are required are given in the price schedule. GSTIN details of HPCL
for these states can be taken from our website www.hindustanpetroleum.com.

Vendor is required to provide the GSTIN number of state from where supplies will be made to each of
the HPCL delivery locations. In case any changes are warranted during the execution of the contract with
regard to change in state where delivery is required or change in the supply location of vendor, the same
will be made with mutual consent.
 Bidder & Organization Details
Name of Bidder

Vendor Code

Status (Prop/HUF/Partnership/Ltd Co)

NAME OF Proprietor/Partners/Directors)

Office Address with Pin Code & Telephone

Type of Number
Organisation
& Entity Factory Address with Pin Code & Telephone
Details Number

E Mail ID and address

Name of Contact Person & Contact Number

(Landline/Mobile)

PAN NUMBER (copy to be uploaded)

If NSIC - Certificate No. & validity

Whether
registered
under
NSIC/MSME If MSE - Certificate No. & validity
(certificates to
be uploaded)
Whether SC/ST under MSME (Certificate
attached Yes/No)

GSTIN number/numbers

Whether Composition dealer under GST Act

or not. If NO , provide following details: i,ii.

i. Month for which latest GSTR 1 has been

GST Details
filed. Attach acknowledgement thereof.

ii. Month for which latest GSTR 3B has been

filed. Attach acknowledgement thereof

Bidders shall fill up the above data and mandatorily upload along with technical bid.
(The following declarations should be typed on the letter head of the tenderer and
should be duly signed by an authorized signatory clearly stating the name and
designation of the signatory)

DECLARATION ON GST
Payment of GST and filing of GST Returns to enable Hindustan Petroleum Corporation
Limited to avail Input Tax Credit (ITC) correctly

With reference to Payment of GST & filing GST Returns for availing Input Tax Credit (ITC) by
HPCL as per GST provisions for the Invoices raised by us, we hereby declare as follows:

(1) We have disclosed all the facts relating to our Firm / Company to M/s Hindustan Petroleum
Corporation Limited.

(2) We hereby declare that we have agreed to pay GST to the respective GST Authorities. In this
connection, we hereby agree to furnish to you proof of payment of GST.

(3) We hereby declare that we will file GST Returns as per GST provisions. In this connection, we
hereby agree and undertake to furnish you proof of electronically filed GST Returns.

(4) We hereby agree as under: -

i. We will be fully responsible for complying with the GST provisions to enable HPCL to take Input
Tax Credit. In case, HPCL is not able to take Input Tax Credit due to any non-
compliance/default/negligence of the seller of goods/service provider, the same shall be recovered
from the pending bills/dues (including security deposit, BG etc.)

ii. In case of rejection of ITC by the concerned Tax Authority, for non- filing of GST or non-payment
of GST amount by us or for any other reasons attributable to us, we hereby agree to indemnify
Hindustan Petroleum Corporation Limited in full against all the loss including consequences,
liabilities of any kind whatsoever, directly arising from denial of ITC including interest and penalty.
We hereby agree and confirm that –

any breach of the above declaration shall be construed as breach of the terms and conditions w.r.t.
GST and Hindustan Petroleum Corporation Limited shall be at liberty to take necessary action like
Holiday listing (banning of Business dealings) and/or recovering of amounts mentioned

in para 4 (ii) above, from:

a) any of our Bank Guarantee executed in your favour, if any,
b) Retention / Security Deposit paid for any of your work, if any or
c) Other unpaid invoices, if any raised by us on Hindustan Petroleum Corporation Limited

Place: Signature
Name:
Date: Designation:
Seal.
 ADVICE FROM SUPPLIER/VENDOR/CONTRACTOR FOR E-PAYMENT
(ON LETTER HEAD)

To: M/s Hindustan Petroleum Corporation Limited, Mumbai-400 020.

Dear Sirs,
The following is a confirmation/updation of my bank account details and I hereby affirm my
/ our choice to opt for payment of amounts due to me under various contracts through
electronic mode. I understand that HPCL also reserves the right to send the payments due
to me by a cheque / Demand Draft / electronic mode or through a banker.

A. SUPPLIER / CONTRACTOR DETAILS

1. Supplier / Contractor Name :

2. Supplier / Contractor Code :
3. Address (Incl. PIN code) :

4. Controlling Office Name/SBU :

5. P.A.No.(photocopy to be enclosed) :
6. E-mail ID :
B. PARTICULARS OF BANK ACCOUNT
1. Bank Name :
2. Branch Name /branch code :
3. Branch Address (incl. Pin code) :
4. 9 Digit MICR No. of Bank and Branch :
5. Account Type (Savings/Cash credit/Current) ::
6. Account Number (as appearing on cheque) :
7. IFSC Code of the Branch (For RTGS) :
8. IFSC Code of the Branch (For NEFT) :

I hereby confirm that the particulars given above are correct and complete and also
undertake to promptly advise any changes to the above details to HPCL. If the transaction
is delayed or not effected for reasons of incomplete or incorrect information or banking
delays, I shall not hold Hindustan Petroleum Corporation Ltd.responsible. I also agree for
printing of the bank details on the cheque or DD if the payment is effected by cheque / DD.

Name & Signature of supplier / contractor/Authorized Signatory

Date: Official Seal

Note: 1. Bank details (B 1 to 8) to be confirmed by the bankers. Such confirmation
shall be duly signed & stamped by the bank’s authorized representative.
2. Please enclose cancelled / photocopy of a cheque.

Name, Seal & Signature of the Bank’s authorized representative.

--------------------------------------------------------------------------------------------------------------------------------------------------
Hindustan Petroleum Corporation Limited. Central Procurement Organisation
E-Payment mandate format.
DECLARATION FOR NON BLACK LISTING
(To be submitted along with un-priced bid)

We, /M/s_________________________________________________ hereby declare/clarify

that we have not been banned by any Government or quasi Government agencies or Public
sector Undertakings.

NOTE: If a bidder has been banned by any Government or Quasi Government Agencies or
Public Sector Undertakings, the fact must be clearly stated with details. If this declaration is
not given along with un-priced bid, the tender will be rejected as non-responsive.

Signature of bidder & Seal

____________________________________________________________________________________________________________
DECLARATION FOR RELATIVES

The tenderer is required to state whether he/she is a relative of any director of HPCL or the tenderer
is a firm in which director of HPCL or his relative is a partner of is any other partner of such firm or
alternatively the tenderer is a private company in which director of HPCL is a member or director
(the list of relative(s) for this purpose is given below)

N.B: Strike off whichever is not applicable. If the tenderer employs any person subsequent to signing of the above
declaration and the employee so appointed happens to be relative of the officer of HPCL/Central/State government,
the tenderer should submit another declaration furnishing the names of such employees who is /are related to the
officer/s of HPCL/Central/State Government.

Date: Signature--------------------
Name of person signing
Tenderer’s Name & address with seal
List of Relatives: A person shall be deemed to be a relative of another, if any and only if,
He/She/They are members of Hindu undivided family or He/ she/ they are husband and wife or
The one is related to the other in the manner indicated below:

Father
Mother (including step mother)
Son (including step son)
Son’s wife
Daughter (including step daughter)
Father’s father
Mother’s mother
Mother’s mother
Mother’s father
Son’s son
Son’s son’s wife
Son’s daughter
Son’s daughter’s husband
Daughter’s husband
Daughter’s son
Daughter’s son’s wife
Daughter’s daughter
Daughter’s daughter’s husband
Brother (including step brother)

____________________________________________________________________________________________________________
 ANNEXURE-A
AGREEMENT
(UNDER INTEGRITY PACT)
No:
Dated:

To:
HINDUSTAN PETROLEUM CORPORATION LIMITED
Sub : Procurement of Bidding Documents

Ref. Tender no-20000329-HD-10157

HPCL and the Bidder agree that the Notice Inviting Tender (NIT) is an offer made on the condition that
the bidder will sign the Integrity Pact and the Bid would be kept open in its original form without
variation or modification for a period of (state the number of days from the last date for the receipt of
tenders stated in the NIT) ………. days and the making of the bid shall be regarded as an unconditional
and absolute acceptance of this condition of the NIT.

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

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

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

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

Yours faithfully, yours faithfully

Sd/-
S S V Prasad
(BIDDER) (PURCHASER)

#(This agreement should be “pre-signed” by the authorized representatives of the applicable

Function/SBU on behalf of HPCL at the time of invitation of tender).

________________________________________________________________________________________________________________________
Page 1 of 7 INTEGRITY PACT | Tender No- 20000329- HD-10157
 ANNEXURE-B
PRE-CONTRACT INTEGRITY PACT

GENERAL

This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on ___ day of the month of _____
2020, between, on one hand, Hindustan Petroleum Corporation Limited acting through Ch Manager-Category
Management ,HPCL-Central Procurement Organization (hereinafter called the "BUYER", which expression shall
mean and include, unless the context otherwise requires, his successors in office and assigns) of the First Part and
M/s._____________________ represented by Shri ______________, ________________, (hereinafter called the "BIDDER/Seller"
which expression shall mean and include unless the context otherwise requires, his successors and permitted
assigns) of the Second Part.

WHEREAS the BUYER proposes for CENTRALISED ENERGY MANAGEMENT SYSTEM AT 25 O&D LOCATIONS as
mentioned in the tender no. 20000329-HD-10157 and the BIDDER/Seller is willing to offer/has offered the same.

WHEREAS the BIDDER/SELLER is a private company/ public company/Government undertaking / partnership /

registered export agency, constituted in accordance with the relevant law in the matter and the BUYER is a
Ministry/Department of the Government of Indian/PSU performing its functions on behalf of the President of
India.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence/unprejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into
with a view to:-

Enabling the BUYER to obtain the desired said stores/equipment item at a competitive price in conformity with
the defined specifications by avoiding the high cost and the distortionary impact of corruption on public
procurement, and

Enabling BIDDER/SELLER to abstain from bribing or indulging in any corrupt practice in order to secure the
contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt
practices and the BUYER will commit to prevent corruption, in any form, by their officials by following transparent
procedures.

The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:

Commitments of the Buyer

1.1 The Buyer undertakes that no official of the BUYER, connected directly or indirectly with the contract, will
demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift,
reward, favor or any material or immaterial benefit or any other advantage from the BIDDER, either for
themselves or for any person, organization or third party related to the contract in exchange for an
advantage in the bidding process, bid evaluation, contracting or implementation process related to the
Contract.

1.2 The Buyer will, during the pre-contract stage, treat all Bidders alike, and will provide to all Bidders the
same information and will not provide any such information to any particular BIDDER which could afford
an advantage to that particular BIDDER in comparison to other BIDDERs.

1.3 All the officials of the Buyer will report to SBU Head or concerned Functional Director of HPCL for any
attempted or completed breaches of the above commitments as well as any substantial suspicion of such
a breach.

2. In case of any such preceding misconduct on the part of such official(s) is reported by the
BIDDER/SELLER to the BUYER with full and verifiable facts and the same is prima facie found to be

________________________________________________________________________________________________________________________
Page 2 of 7 INTEGRITY PACT | Tender No- 20000329- HD-10157
 correct by the Buyer, necessary disciplinary proceedings, or any other action as deemed fit,
including criminal proceedings may be initiated by the BUYER and such a person shall be
debarred from further dealings related to the contract process. In such a case while an
enquiry is being conducted by the Buyer the proceedings under the contract would not be
stalled.

2.1 The BUYER will exclude from the process all known prejudiced persons.

2.2 If the BUYER obtains information on the conduct of any of its employees which is a criminal offense under
the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the BUYER
will inform its Vigilance Office and in addition can initiate disciplinary actions.

Commitments of Bidders

3. The BIDDER/SELLER commits himself to take all measures necessary to prevent corrupt practices, unfair
means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in
order to secure the contract or in furtherance to secure it and in particular commits himself to the
following: -

3.1 The BIDDER/SELLER will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favor, any material or immaterial benefit or other advantage, commission,
fees, brokerage or inducement to any official of the Buyer, connected directly or indirectly with
the bidding process, or to any person, organization or third party related to the contract in
exchange for any advantage in the bidding, evaluation, contracting and implementation of the
Contract.

3.2 The BIDDER/SELLER further undertakes that it has not given, offered or promised to give,
directly or indirectly any bribe, gift, consideration, reward, favor, any material or immaterial
benefit or other advantage, commission, fees, brokerage or inducement to any official of the Buyer
or otherwise in procuring the Contract or forbearing to do or having done any act in relation to
the obtaining or execution of the Contract or any other Contract with the BUYER for showing or
forbearing to show favor or disfavor to any person in relation to the Contract or any other
Contract with the BUYER.

3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs
shall disclose their foreign principals or associates.

3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other
intermediary, in connection with this bid/contract.

3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is the original
manufacturer/integrator and has not engaged any individual or firm or company whether Indian
or foreign to intercede, facilitate or in any way to recommend to the BUYER or any of its
functionaries, whether officially or unofficially to the award of the contract to the BIDDER, nor
has any amount been paid, promised or intended to be paid to any such individual, firm or
company in respect of any such intercession, facilitation or recommendation.

3.6 The Bidder, either while presenting the bid or during pre-contract negotiations or before signing
the contract, shall disclose any payments he has made, is committed to or intends to make to
officials of the Buyer or their family members, agents, brokers or any other intermediaries in
connection with the contract and the details of services agreed upon for such payments.

3.7 The BIDDER/SELLER will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation, contracting and
implementation of the contract.

________________________________________________________________________________________________________________________
Page 3 of 7 INTEGRITY PACT | Tender No- 20000329- HD-10157
 3.8 The BIDDER/SELLER will not accept any advantage in exchange for any corrupt practice, unfair
means and illegal activities.

3.9 The BIDDER/SELLER shall not use improperly, for purposes of competition or personal gain, or
pass on to others, any information provided by the BUYER as part of the business relationship,
regarding plans, technical proposals and business details, including information contained in any
electronic data carrier. The BIDDER/SELLER also undertakes to exercise due and adequate care
lest any such information is divulged.

3.10 The BIDDER/SELLER commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts.

3.11 The BIDDER/SELLER shall not instigate or cause to instigate any third person to commit any of
the actions mentioned above.

3.12 The BIDDER/SELLER or any employee of the BIDDER/SELLER or any person acting on behalf of
the BIDDER/SELLER, either directly or indirectly, is a relative of any of the officers of the BUYER,
or alternatively, if any relative of an officer of the BUYER has financial interest/stake in the
BIDDER/SELLER's firm, the same shall be disclosed by the BIDDER/SELLER at the time of filing
of tender.

The term 'relative' for this purpose would be as defined in Section 6 of the Companies Act 1956.

3.13 The BIDDER/SELLER shall not lend to or borrow any money from or enter into any monetary
dealings or transactions, directly or indirectly, with any employee of the BUYER.

4. Previous Transgression

4.1 The BIDDER/SELLER declares that no previous transgression occurred in the last three years
immediately before signing of this Integrity Pact, with any other company in any country in
respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in
India or any Government Department in India, that could justify BIDDER/SELLERs exclusion from
the tender process.

4.2 The BIDDER/SELLER agrees that if it makes incorrect statement on this subject, BIDDER/SELLER
can be disqualified from the tender process or the contract, if already awarded, can be terminated
for such reason.

5. Earnest Money

5.1. While submitting commercial bid, the BIDDER/SELLER shall deposit an amount (to be specified in the
RFP (Request for Proposal) as Earnest Money, with the BUYER through any of the following instruments
(as specified In RFP):-
(i) Bank Draft or a Pay Order
(ii) A confirmed guarantee by an Indian Nationalized Bank, promising payment of the guaranteed
sum to the BUYER, on demand within three working days without any demur whatsoever and
without seeking any reasons whatsoever. The demand for payment by the BUYER shall be treated
as conclusive proof for payment.
(iii) Any other mode or through any other instrument (to be specified in RFP).

5.2. The Security Deposit & Retention Money shall be valid & retained by the buyer for such period as specified
in the RFP/GTC.

5.3 In the case of successful BIDDER/SELLER a clause would also be incorporated in the Article pertaining to
Performance Bond in the Purchase Contract that the provisions of Sanctions for Violation shall be
applicable for forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same
without assigning any reason for imposing sanction for violation of this pact.

________________________________________________________________________________________________________________________
Page 4 of 7 INTEGRITY PACT | Tender No- 20000329- HD-10157
5.4 No interest shall be payable by the BUYER to the BIDDER/SELLER on Earnest Money/Security Deposit for
the period of its currency.

6. Sanctions for Violation

6.1 Any breach of the aforesaid provisions by the BIDDER/SELLER or any one employed by it or
acting on its behalf (whether with or without the knowledge of the BIDDER/SELLER) shall entitle
the BUYER to take all or anyone of the following actions, wherever required: -

(i) To immediately call off the pre-contract negotiations without assigning any reason or
giving any compensation to the BIDDER / SELLER. However, the proceedings with the
other BIDDER(s) / SELLER(s) would continue.

(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit Performance
Bond (after the contract is signed) shall stand forfeited either fully or partially, as decided
by the BUYER and the BUYER shall not be required to assign any reason therefore.

(iii) To immediately cancel the contract, if already signed, without giving any compensation to
the BIDDER/SELLER.

(iv) To recover all sums already paid by the BUYER and in case of an Indian BIDDER/SELLER
with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank
of India, while in case of a BIDDER/SELLER from a country other than India with interest
thereon at 2% higher than the L1BOR. If any outstanding payment is due to the
BIDDER/SELLER from the BUYER in connection with any other contract for any other
stores, such outstanding payment could a/so be utilized to recover the aforesaid sum and
interest.

(v) To encash the advance bank guarantee and performance bond/warranty bond, if furnished
by the BIDDER/SELLER, in order to recover the payments, already made by the BUYER,
along with interest.

(vi) To cancel all or any other Contracts with the BIDDER/SELLER. The BIDDER/SELLER shall
be liable to pay compensation for any loss or damage to the BUYER resulting from such
cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable
from the money(s) due the BIDDER/SELLER

(vii) To debar the BIDDER/SELLER from participating in future bidding processes of the
Government of India or the BUYER for a minimum period of five years, which may be
further extended at the discretion of the BUYER.

(viii) To recover all sums paid in violation of this Pact by BIDDER/SELLER(s) to any middleman
or agent or broker with a view to securing the contract.

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract
signed by the BUYER with the BIDDER/SELLER, the same shall not be opened.

(x) Forfeiture of Performance Bond in case a decision by the BUYER to forfeit the same without
assigning any reason for imposing sanction for violation of this Pact.

6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1 (i) to (x) of
this Pact also on the Commission by the BIDDER/SELLER or anyone employed by it or acting on
its behalf (whether with or without the knowledge of the BIDDER/SELLER), of an offence as
defined in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or
any other statute enacted for prevention of corruption.

________________________________________________________________________________________________________________________
Page 5 of 7 INTEGRITY PACT | Tender No- 20000329- HD-10157
 6.3 The decision of the BUYER to the effect that a breach of the provisions of this Integrity Pact has
been committed by the BIDDER/SELLER shall be final and conclusive on the BIDDER/SELLER.
However, the BIDDER/SELLER can approach the Independent external monitor(s) appointed
for the purposes of this Pact.
7. Fall Clause

a) The Bidder undertakes that during the previous one year, the Bidder has not supplied I is not
supplying and/or has not agreed to supply similar product systems or subsystems at a price lower
than that offered in the present bid in respect of same location as mentioned in the present bid to
any other Ministry/Department of the Government of India or PSU.

b) Further the Bidder unconditionally agrees and confirms that in case it is found at any stage that
during the financial year in which bid was submitted by the bidder, the bidder had supplied/agreed
to supply similar product systems or subsystems in respect of same location to any other
Ministry/Department of the Government of India or a PSU at a price lower than that mentioned in
the present bid ("Lower Price"), then the Buyer by providing a written notice to the Bidder shall be
at liberty to apply Lower Price to the contract and accordingly reduce the contract value. The Bidder
further undertakes to refund to the Buyer the difference between payment received under the
contract and the Lower Price ("Price Difference") within 15 days of receipt of the said written
notice.

c) In case the Price Difference is not received by the Buyer from the Bidder within the period stipulated
under clause 7 (b), then the Buyer shall be free to recover the Price difference from any amount due
and payable to the Bidder under any contract or transaction undertaken with the Buyer. "

8. Independent Monitors

8.1 The BUYER has appointed following Independent Monitors (hereinafter referred to as monitors) for
this Pact, in consultation with the Central Vigilance Commission

1. Shri Jyoti Swaroop Pandey

2. Shri. Kata Chandrahas
3. Shri. Arun Chandra Verma

Contact Address- C/o The Company Secretary, HPCL, 6th Floor, Petroleum House, 17 Jamshedji Tata
Road, Church gate, Mumbai- 400 020

8.2 The task of the Monitors shall be to review independently and objectively, whether and to what
extent the parties comply with the obligations under this Pact.

8.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform
their functions neutrally and independently.

8.4 Both the parties accept that the Monitors have the right to access all the documents relating to the
project procurement, including minutes of meetings.

8.5 As soon as the Monitors notice, or have reason to believe, a violation of this Pact, he will so inform
the C&MD of the BUYER Corporation.

8.6 The BIDDER(s) accepts that the Monitors have the right to access without restriction to all Project
documentation of the BUYER including that provided by the BIDDER/SELLER. The BIDDER/SELLER
will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and
unconditional access to his project documentation. The same is applicable to Subcontractors. The
Monitor shall be under contractual obligation to treat the information and documents of the
BIDDER/Subcontractor(s) with the confidentiality.

________________________________________________________________________________________________________________________
Page 6 of 7 INTEGRITY PACT | Tender No- 20000329- HD-10157
 8.7 The BUYER will provide to the Monitor sufficient information about all meetings among the parties
related to the Project provided such meetings could have an impact on the contractual relations
between the parties. The parties will offer to the Monitor the option to participate in such meetings.

8.8 The Monitors will submit a written report to the C&MD of the BUYER/Secretary in the
Department/within 8 to 10 weeks from the date of reference or intimation to him by the BUYER /
BIDDER and, should the occasion arise, submit proposals for correcting problematic situations.

9. Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission, the BUYER
or its authorized agencies & other Govt. authorities shall be entitled to examine all the documents
including the Books of Accounts of the BIDDER/SELLER and the BIDDER/SELLER shall provide necessary
information and documents in English and shall extend all possible help for the purpose of such
examination.
10. Law and Place of Jurisdiction: This Pact is subject to Indian Law. The place of performance and
jurisdiction is the seat of the BUYER.

11 . Other Legal Actions: The actions stipulated in this Integrity Pact are without prejudice to any other
legal action that may follow in accordance with the provisions of the extant law in force relating to any
civil or criminal proceedings.

12. Validity

12.1 The validity of this Integrity Pact shall be from date of its signing and extend up to 5 years or the
complete execution of the contract to the satisfaction of both the BUYER and the BIDDER/SELLER,
including warranty period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact
shall expire after six months from the date of the Signing of the contract.

12.2 Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact
remains valid. In this case, the parties will strive to come to an agreement to their original
intentions.

13. The Parties hereby sign this Integrity Pact at _____ on _____

BUYER BIDDER

Sd/-
S S V Prasad Name of the Officer & Designation
DGM -Category Management, CPO Organisation/Dept./Ministry/PSU

Witness Witness

Sd/-
1. Radhika Mahto 1. ____________________
Manager - Category Management, CPO

Sd/-
2. Jaya Tiwari 2. ____________________
Purchase Officer, CPO

________________________________________________________________________________________________________________________
Page 7 of 7 INTEGRITY PACT | Tender No- 20000329- HD-10157
Tips for successful bid submission in HPCL e-Procurement platform

THANK YOU, for your interest in bidding for HPCL tender in E-Procurement platform. It is
designed to ensure security and confidentiality of bids till bid opening and provide
transparency after bid opening. There have been few instances of vendors are not being able
to submit their bids for various reasons. Based on our experience, we have compiled a list of
all probable reasons due to which either vendors miss out on submitting their precious bid or
end up submitting defective bids. Needless to mention, the most likely reason is attempting
bid generation in the last hour.

Thus it is recommended to start the Bid Preparation process well in advance. We hope this
set of handy tips will help you avoid the usual pitfalls at initial stage and submit a perfect bid
smoothly in the platform

Tip 1:

 Ensure to keep System ready in advance

For 1st time users, ensure the below points are taken care

 Class IIIB digital certificate issued on organization.

 Download Signing Utility for Signing and encryption.
 Install latest JAVA in local machine.
 Install Drivers for e-token

Tip 2:

 Internet Explorer browser 9 or above

 Remember to work with only Internet explorer 9 or above browser.

 DO NOT access site in Google Chrome/Mozilla Firefox/ Edge or Safari, to avoid issues.

Tip 3:

 Start the process in advance. Submit bids in advance, Rates can be revised
later

 Upload the Digital Certificate and get it validated by HPCL in advance.

 DO NOT wait for DC validation, for initiating BID preparation. Generate Technical bid and
priced bid file in advance.
 Keep the supporting documents ready in PDF format only.
 Bids can be submitted once DC validation is completed.

Tip 4:

 EMD submission: EMD should reach to HPCL prior Tender due date.

 Submit EMD well in advance through online (Net Banking) or by way of Demand draft/
Bank Guarantee.
 While uploading EMD Exemption Certificate (for MSME vendors etc), browse only signed
pdf of Exemption certificate.
 Use online EMD payment option, for faster EMD submission and EMD refunds.

Tip 5:

 Enter Taxes and Extras in proper format.

 Enter Taxes ONLY in Percentage terms and never in ‘Per Unit” basis.
 Define various tax elements in proper sequence for correct calculation of delivered cost
 Only Extras like Freight, third party Inspection etc., may be entered in Per unit basis
 Check total Derived cost on screen and in Priced Bid Pdf, before bid submission

Tip 6:

 Simply generate the Technical bid pdf / Price bid pdf. Digitally sign & encrypt.
Keep Signed file for records and “encrypted (final_signed)” file for
submission.

 DO NOT browse signed PDF while filling responses.

 It is NOT required to take a print of the Tender Document.
 It is NOT required to physically sign on all pages of the tender file.
 It is NOT required to scan the signed tender document and upload the same.
 DO NOT quote zero rate, in case you do not want to quote for optional items

Tip 7:

 Save the work by working on Tab - “Work without attaching doc”. Esp., in
tenders having more than 50 items

 Option for saving work is available only in “Work without attaching doc” tab.
 Enter all the necessary technical responses in the form provided and click on “Save work
on local machine” button for saving the “XML” file.
 Browse the latest “XML” file only while working on “Update Values from local computer”
option.
 Note: During this process any data entered does not get captured in the server.
 PB (Price Bid) Excel template shall be used for faster uploading of rates in the tender. Only
latest file to be uploaded.

Tip 8:

 Always keep “Latest bid” for records.

 Technical bid pdf and Priced bid pdf can be generated any number of times. Bid may be
submitted any number of times.
 Always remember System will allow Bid submission only for the latest generated
document.
 If bid submitted for more than one time, only latest bid will be considered for evaluation
purpose by the system.

Tip 9:

 “REGRET” option for Bid withdrawal.

 Option for Bid withdrawal is available till tender due date even when the bid is already
submitted/ is in preparation stage.
 Though “Regret” is submitted, “SUBMIT BID” option is available till tender due date.
 Latest bid submission/ Regret will be considered by system for tender
 “Regret” will be considered as response submitted against the tender.

Tip 10:

 Size of the bid must be as less as possible

 Keeping bid size small will help in faster Bid submission.

 The current session out time is 20 minutes. Must Save work before 20 minutes.
 To keep the size of the bid document small,
- Scan the documents in low resolution, preferably 150-200 dpi wherein the data
should be legible.
- Scan in grayscale and not in color to reduce file size.
- For large drawings, scan files in jpeg format and later covert same to pdf format.

Tip 11:

 Raise online “Query” for any technical clarification regarding Tender.

 Every tender has query start date and query end date (specified in the first page of the
tender document). Query can be raised within this range only.
 So starting bid preparation in advance will facilitate to raise query and get reply within
time.

Tip 12:

 Sign document in advance for Reverse auction event.

 To participate in Reverse Auction event, work only on RA link, as below

https://etender.hpcl.co.in/eProcRA/VendorLoginInput.action
 Follow the steps given on RA page for RA Participation.
 Download RA document and sign only with HPCL’s “Signing Utility”.
 Do not change DC after RA is published. In case of DC expiry or token lost, ensure to upload
new DC and get it validated before RA Start date.

Tip 13:

 HPCL E-Procurement Helpline No: 022 41146666/ 61548595

 For any technical queries related to operation of the portal, send mail to
eprochelpdesk@mail.hpcl.co.in OR call at 022-41146666/61548595.
 The helpdesk support is available 6 days a week from 8 AM to 8 PM (except public
holidays).
 Must seek help at least two to three days (min) in advance, to avoid last minute
disappointment.
 NOTE: Put dummy rates while taking support from Helpdesk for understanding Bid
generation process

Supplementary Section on Bid Bubmission

The two broad classification of tenders for generating bid document, be it “Pre-
qualification bid” or “Technical/ Price bid are as follows:

1. Low value tender having 20-50 items and limited uploads/questions

For Low value tender, “No of items” where rate is to be entered is very limited and
there are less no. of questions, vendors can directly work on Prepare tender >>
Generate Technical and Priced bid >> Attach document and generate envelope.
 Bid generation and submission
Go to Generate Technical and Price bid >>Attach Document and Generate envelope.

a. Fill responses, upload documents (pdf only), give Prices and Taxes etc and click on
“Generate technical bid”, followed by “Generate Priced bid”.
b. Save Technical Bid Envelope and Price bid envelope in local machine.
c. Check the bid documents for correctness. If found OK, digitally signed and
encrypted the file using the “Signing cum encryption” utility.
d. No provision will be available for saving the work in this option. So for Bid
resubmission/any other modification, responses/forms/rates etc have to be
entered for all items again.
e. Keep “signed” file for records and “encrypted” file for submission

While this method is very fast for generation of bids, it requires full efforts in redoing
same if need arises.

2. Moderate to high value tender having more than 50 items and other uploads

The session out time for application is 20 minutes, which means if “generate bid”
button is not clicked within 20 minutes of landing in the page the work done will be
lost. Thus for moderate to high value tenders (having more than 50 items), Pl use PB
Excel template for uploading rates and “Save work” option for preparing Technical
bid

The method for “Saving work” is as below:

a. Click on Prepare tender >> Generate Technical and Priced bid >> “Work
without attaching document”. Here enter the rates/ responses etc, except for
uploading the documents. Once adequate entries are made click on the tab
“Save work on local computer”, show the path and save the file in local
machine.
b. Now click on “Update Values from Local Computer” and show path of the saved
file. The rates and responses will get populated till the previous work done.
c. The saved values can be edited and Rates/response can be filled up for balance
items/sections. Again save the work. Work can be saved as many times as
required.
d. Use PB Excel template for uploading/modifying rates etc
e. While updating values from local computer, always browse only latest
generated saved work file.

Bid generation and Submission

 a. Once all the rates/responses are finalized, click on the tab “Generate Technical and
Priced bid envelope >> Attach doc and generate envelope.
b. Click on the tab at the bottom of screen “Update value from local computer”.
Remember to upload only the latest generated files.
c. On uploading “save work” file, all the item rates/ responses will be populated
against appropriate section. Also in the same page, browse the documents (pdf
only) to be uploaded if any.
d. After checking entered rates/ response sheet and uploaded supporting
documents, click on “Generate technical bid envelope” followed by “Generate
Priced bid envelope”.
e. Save the PDF files of technical and price bid envelope.
f. Check the pdf document for correctness. If found OK, digitally signed and
encrypted the file using the “Signing cum encryption” utility.

Keep “signed” file for records and “encrypted” file for submission.
 E-payment facility in E-tendering portal

Background
HPCL is pleased to enable the electronic mode (Net banking from selected banks) for payment
of Tender Fee and EMD (Earnest money deposit) during bid submission process. We are
positive this will make the online bidding process more convenient and user friendly, besides
reducing time and effort in the whole process. Going forward, the EMD will be refunded to
unsuccessful vendors through the same portal to make it completely hassle free.
 Requirement for payment of EMD and Tender fees is Tender specific. In case EMD or
Tender fee is defined in the tender, it will be mandatory on part of vendor to make
payment for EMD or Tender fee or both through online or offline mode. In case the
online mode is chosen for payment of EMD or tender fee, the payment has be
effected prior to submission of bid in the portal. Currently, in case Tender fee is
defined, payment for same can be made only through online mode (exception being
for exempted category). Now with online payment facility Payment of EMD can be
made either in online mode (E-payment) or Offline mode (BG or DD).

EMD and Tender fee payment process:

Please login to the bidding portal http://etender.hpcl.co.in. Select the tender through
“Choose tender” tab. The option for paying/ filling details for Tender Fees/ EMD will be
available under “Prepare Bid” >> “Payment” tab. Choose “Type of payment” (i.e Tender Fee
or EMD Details) to be made, and Click on “Proceed”.

Tender Fee:
The “Tender Fee Payment” page in E-proc application will appear as below

The tender Fee payment can be done through Offline mode or On-line mode. The procedure
for same is as below.
 1. Tender Fee >> Offline mode:
This mode is used only in case the Tender Fee is exempted. (For eg: NSIC registered party)
 Click on “Exempted” radio-button as shown in the above screen shot.
 Give Remarks and Browse the exemption pdf file.
 Click on “Save Details” button.
Note:
Please upload only Digitally signed- PDF file of Tender Fee Exemption certificate.
Once the details are saved, “Online Fee” mode will be automatically disabled.

2. Tender Fee>> Online Mode

For online payment against Tender fee, screen will appear as below

 Amount for Tender fee as specified by HPCL will be defaulted in the “Tender Fee” field.
The Tender fee defined by HPCL cannot be modified by vendor prior to online payment.
On clicking “Make Payment” button, System will direct the page to e-payment
gateway.
 The applicable taxes shall be displayed over and above the tender fee defined in the
tender.
 Make the payment through Net banking facility available for selected banks.

Note:
Once the payment is done through online mode, the offline mode i.e “Exempted” will be
disabled.
Tender fee shall be defined only in INR and system will allow for payment only in INR.
 On successful payment the details will appear on screen as shown below
EMD (EARNEST MONEY DEPOSIT)
The “EMD Details” page in E-proc application will appear as below

Please make a note of the points (red highlighted) mentioned on portal as shown before
proceeding for EMD payment.
The EMD payment can be done through Offline mode or On-line mode. The procedure is as
below
1. EMD>> Offline Mode

a. EMD exemption

In case the EMD payment is exempted (For eg: NSIC registered vendor)
 Click on “EMD Exempted” radio-button as shown in the above screen shot.
 Give Remarks and Browse the exemption pdf file.
  Click on “Save Details” button.
Note:
Please upload only Digitally signed- PDF file of EMD Exemption certificate (scanned copy).
Once the details are saved, “Online EMD Payment” mode will be automatically disabled.

b. BG/DD Details (Bank Guarantee /demand Draft Details)

Fill the BG/DD details in the screen as shown and click on “Save details”.

Note: The original instrument for BG/DD should be should be physically deposited before
tender due date and time, in the Tender Fee/EMD Dropbox box at the address mentioned in
tender document. In absence of same the offer of bidder shall be rejected.

2. EMD >> Online payment

For online payment against EMD, click the radio-button “Online EMD Payment” as shown
below

 EMD may be specified in the tender in one of the following ways:

 o Single EMD amount for the entire tender
o Schedule wise EMD for each of the schedules
o Vendor calculated EMD based on tender criteria (Transport tenders)
 EMD submission process:
o Single EMD amount for the entire tender – In such tenders, the vendor shall
be expected to reproduce the indicated EMD amount in payment field and
proceed to e-payment.
o Schedule wise EMD for each of the schedules – In case the schedules are
optional, vendor shall decide, the schedules in which they want to participate.
Then vendor shall calculate the cumulative EMD amount based on such
selection/criteria and enter the cumulative value in payment field and proceed
to e-payment page.
o Vendor calculated EMD based on tender criteria (Transport tenders) – In such
tenders, the EMD amount is based on number of trucks/tank trucks being
offered for each of the categories (Owned/Attached/Proposed). Then vendor
shall calculate the cumulative EMD amount based on such criteria and enter
the cumulative value in payment field and proceed to e-payment page.
 Click on the “Online EMD” radio-button >> Give “Remarks” field >> the basis for
arriving at the EMD amount shall be entered in this field in maximum 250 characters.
(For example – “Schedule 2, 3 quoted” or “Owned Truck 10 Nos” etc…).
 Then Enter the “EMD Amount” >> the calculated cumulative EMD amount as
mentioned above to be entered in this field. Click on “Proceed for EMD Payment”
 On clicking “Proceed for EMD Payment” button, message from webpage will appear
as below. Check the amount in words and click “OK”.

 System will re-direct the page to e-payment gateway of SBI.

 Make the payment through available options of Net banking.
Note:
Once the payment is done through On-line mode, the offline mode i.e “EMD Exempted” and
“BG/DD Details” will be disabled. Ideally vendor shall effect complete payment for EMD or
Tender fee in one shot. However, system allows for effecting payment in more than one
instalment, if required. Such additional payment may be required, in case vendor decides to
quote for additional schedule in case of schedule-wise tender or in case the EMD is enhanced
by way of corrigenda.
Though the EMD may be defined by HPCL in multiple currency, the system will allow for
electronic payment only in INR. Foreign vendors desiring of paying EMD in currency other
than INR, shall have to pay such EMD through offline methods only.
The details of Payment done for the particular tender will appear on the screen till the tender
due date and time as shown below. Vendors desirous of knowing status of online payment
can see details till bid submission on this page. :

The status of payment through gateway shall be one of the three values given below:
1. Initiated – Once the vendor has landed on the e-payment gateway or in his own net
banking page and no confirmation has come back to HPCL portal from E-payment
gateway of SBI. Normally this status shall not be displayed beyond 15 minutes of
initiating E-payment from the portal.
2. Success - Once the vendor has landed on the e-payment gateway or in his own net
banking page and positive confirmation has come back to HPCL portal from E-payment
gateway of SBI.
3. Fail - Once the vendor has landed on the e-payment gateway or in his own net banking
and negative confirmation has come back to HPCL portal from E-payment gateway of
SBI.
4. Non landing on E-proc page- Once the vendor has initiated payment and there is a
communication failure no message may be displayed as mentioned above.
Action based on status:
1. Initiated – In case the EMD payment is in this status, the option to make further
payment will be disabled for the 15 minute window till response is received from the
bank regarding status of payment. Thereafter status will change to one of the
following two values given below (Success or Fail). During this period vendor may
neither be able to submit bid (in case EMD is defined) nor proceed for making further
payment for EMD. In view of same, vendor is advised to pay EMD through online mode
well in advance & not to wait for the last moment for payment of EMD.
2. Success – In case EMD payment is in this status, the bid submission page will be
enabled and vendor shall be allowed to submit bids. The onus for making EMD
payment of correct amount shall be on the vendor.
 3. Fail – In case EMD payment is in this status, the bid submission page will continue to
be disabled and vendor shall not be allowed to submit bids. The following scenarios
may result in this case:
a. Connection gets broken either while connecting to e-payment gateway or
while connecting to net banking page – In both case, vendor gets option to
initiate payment again through the online payment gateway. Alternately,
offline mode shall be adopted by vendor.
b. Connection is proper till amount is debited from vendors account but same
is not updated by bank to HPCL portal (due to disconnection etc)/ the flag
updated as “Fail” in E-proc EMD page - In such cases the vendor can rest
assured that the money debited from vendors account will be credited back to
the vendors account within the next 1 to 5 days. Vendor will be required to
initiate fresh payment for EMD (which should be successful) to enable the bid
submission page. In view of same, vendor is advised to pay EMD through
online mode well in advance & not to wait for the last moment for payment
of EMD.

Reports
Report “Online Tender FEE/EMD Payment History” under Reports tab may be checked at any
point of time once the tender due date is over for all the online payment done.
The details of online payments will appear in this screen post EMD verification by HPCL for a
particular tender.
Important note for Tender FEE/ EMD payments- Online mode
1. The tender in which Tender Fee/ EMD is specified, “Submit Bid” will be allowed only
after the payment details are entered/Exemption certificate is uploaded or online
payment is done against Tender Fee/ EMD through “Payment” tab.
2. There can be delay in receipt of success confirmation from the payment gateway
during online payment process which may disable the bidder from submitting his bid.
Thus vendors are requested to make online payment at-least one day prior to tender
due date to account for any such delays.
3. While paying EMD amount through online mode, payments may be done in the
system multiple times totaling up to the EMD amount. Such bids where full EMD
amount as specified in tender is not received by HPCL within tender due date and
time, will be liable for rejection.
4. Payment against Tender Fee is Non-refundable.
5. The online refund process for EMD shall be initiated as per tender terms for other than
lowest evaluated bidders.
6. The EMD amount would be refunded only in the bank account through which EMD
was paid by you. Therefore, the bidder bank account shall be kept active until the
refund process is complete.
7. The online payment of tender fee/ EMD may FAIL for various reasons like poor internet
connectivity, Low bandwidth, Network outage, Server outage, connectivity failure or
any other unforeseen circumstance. The vendor shall take all necessary precaution to
ensure smooth online payment and HPCL shall not be held responsible for any
consequential damage arising out of non-submission of payment in a timely manner,
e.g. submission of bids etc.
8. For online mode of EMD submission, the success message received by the bidder from
the payment gateway shall be the full and final proof of successful EMD submission
and no separate Cash Receipt shall be issued by HPCL towards the same.
9. Screen shot/print out of successful transaction number should be saved by vendor for
further reference
 SECTION IV - ANNEXURES ANNEXURE 7a: GENERAL TERMS &
CONDITIONS OF WORKS CONTRACT

ANNEXURE 7a
(SPECIMEN)

7a. GENERAL TERMS & CONDITIONS OF WORKS CONTRACT

1 PRELIMINARY

1.1 This is a Contract for execution of job as defined in tender document at the specified
location

1.2 The tenderer for the abovementioned item of work is the company/ proprietary
concern/ individual (as per details & address mentioned in the unpriced bid) and
undersigned (digitally) is authorized to submit the bid on behalf of tenderer.

1.3 The terms and conditions mentioned hereunder are the terms and conditions of the
Contract for the execution of the work mentioned under item 1.1 above.

1.4 It is the clear understanding between Hindustan Petroleum Corporation

Limited and the tenderer that in case the bid of tenderer is accepted by
Hindustan Petroleum Corporation Limited and an intimation to that effect is so
issued and also a Procurement Order is on the tenderer this document shall
form part of the Contract between the parties and terms and conditions hereunder
would govern the parties interest.

1.5 Interpretation of Contract Documents: All documents forming part of the Contract are
to be taken mutually explanatory. Should there be any discrepancy,
inconsistency, error or omission in the contract, the decision of the Owner/Engineer-
in-Charge/Site-in-Charge shall be the final and the contractor
shall abide by the decision. The decision shall not be arbitrable. Works shown
upon the drawings but not mentioned in the specification or described in the
specifications without being shown on the drawings shall nevertheless be deemed to
be included in the same manner as if they are shown in the drawings and
described in the specifications.

1.6 Special conditions of Contract : The special conditions of contract, if any

provided and whenever and wherever referred to shall be read in conjunction with
General Terms and Conditions of contract, specifications, drawings, and any other
documents forming part of this contract wherever the context so requires.
Notwithstanding the subdivision of the documents into separate sections, parts
volumes, every section, part or volume shall be deemed to be supplementary or
complementary to each other and shall be read in whole. In case of any
misunderstanding arising the same shall be referred to decision of the Owner/ Engineer-
in-Charge/Site-in-Charge and their decision shall be final and binding and the
decision shall not be arbitrable.

It is the clear understanding that wherever it is mentioned that the Contractor shall
do/perform a work and/or provide facilities for the performance of the work, the doing
or the performance or the providing of the facilities is at the cost and expenses of
the Contractor not liable to be paid or reimbursed by the Owner.

1|Page
Procurement Manual HPCL, Mumbai
 SECTION IV - ANNEXURES ANNEXURE 7a: GENERAL TERMS &
CONDITIONS OF WORKS CONTRACT

® 1.7 The Order of Precedence of documents shall be as follows with document at level 1 having the
highest precedence (Refer Annexure 22 Govt. Guideline Sr. No. 12)

1. Contract Agreement
2. Detailed Letter of Acceptance along with its enclosures
3. Letter of Award / Fax of Acceptance
4. Job Specifications (specific to particular job only)
5. Drawings
6. Special Conditions of Contract
7. Technical Specifications
8. Instructions to Bidders
9. General Conditions of Contract
10. Other Documents

Any amendment / change order issued after signing of formal contract shall take precedence
over respective clauses of the formal contract and its annexures

2. DEFINITIONS
In this contract unless otherwise specifically provided or defined and unless a contrary intention
appears from the contract the following words and expressions are used in the following
meanings;

2.1 The term "Agreement" wherever appearing in this document shall be read as
"Contract".
2.2 The "Authority" for the purpose of this Contract shall be the Chairman and
Managing Director or any other person so appointed or authorised.
2.3 The "Chairman and Managing Director" shall mean the Chairman and Managing
Director of HINDUSTAN PETROLEUM CORPORATION LIMITED or any person
soappointed, nominated or designated and holding the office of Chairman &
Managing Director.
2.4 The "Change Order" means an order given in writing by the Engineer-in-Charge or by
Owner to effect additions to or deletion from or alterations into the Work.
2.5 The "Construction Equipment" means all appliances and equipment of
whatsoever nature for the use in or for the execution, completion, operation or
maintenance of the work except those intended to form part of the Permanent
Work.
2.6 The "Contract" between the Owner and the Contractor shall mean and include all
documents like enquiry, tender submitted by the contractor and the procurement
order issued by the owner and other documents connected with the issue of the
procurement order and orders, instruction, drawings, change orders, directions
issued by the Owner/Engineer-in-Charge/Site-in-Charge for the execution, completion
and commissioning of the works and the period of contract mentioned in the Contract
including such periods of time extensions as may be granted by the owner at the
request of the contractor and such period of time for which the work is continued by
the contractor for purposes of completion of the work.
2.7 "The Contractor" means the person or the persons, firm or Company whose tender has
been accepted by the Owner and includes the Contractor's legal heirs,
representative, successor(s) and permitted assignees.

® REVISION: PROC-021/01.07.2017

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Procurement Manual HPCL, Mumbai
 SECTION IV - ANNEXURES ANNEXURE 7a: GENERAL TERMS &
CONDITIONS OF WORKS CONTRACT

2.8 The "Drawings" shall include maps, plans and tracings or prints thereof with any
modifications approved in writing by the Engineer-in-Charge and such other
drawings as may, from time to time, be furnished or approved in writing by the
Engineer-in-Charge.
2.9 The "Engineer-in-Charge or Site-in-Charge" shall mean the person appointed or
designated as such by the Owner and shall include those who are expressly authorised
by the owner to act for and on its behalf.
2.10 "The Owner" means the HINDUSTAN PETROLEUM CORPORATION LIMITED
incorporated in India having its Registered office at PETROLEUM HOUSE, 17,
JAMSHEDJI TATA ROAD, BOMBAY - 400020 and Marketing office at the
address mentioned for this purpose in the tender header or their successors or assignees.
2.11 The "Permanent Work" means and includes works which form a part of the work to
be handed over to the Owner by the Contractor on completion of the contract.
2.12 The "Project Manager" shall mean the Project Manager of HINDUSTAN
PETROLEUM CORPORATION LIMITED, or any person so appointed, nominated or
designated.
2.13 The "Site" means the land on which the work is to be executed or carried out and
such other place(s) for purpose of performing the Contract.
2.14 The "Specifications" shall mean the various technical and other specifications attached
and referred to in the tender documents. It shall also include the latest editions,
including all addenda/corrigenda or relevant Indian Standard Specifications and
Bureau Of Indian Standards.
2.15 The "Sub-Contractor" means any person or firm or Company (other than the
Contractor) to whom any part of the work has been entrusted by the Contractor with the
prior written consent of the Owner/Engineer-in-Charge/Site-in- Charge and their
legal heirs, representatives, successors and permitted assignees of such person,
firm or Company.
2.16 The "Temporary Work" means and includes all such works which are a part of the
contract for execution of the permanent work but does not form part of the
permanent work confirming to practices, procedures applicable rules and
regulations relevant in that behalf.
2.17 The "Tender" means the document submitted by a person or authority for carrying out
the work and the Tenderer means a person or authority who submits the tender
offering to carry out the work as per the terms and conditions.
2.18 The "Work" shall mean the works to be executed in accordance with the
Contract or part thereof as the case may be and shall include extra, additional,
altered or substituted works as maybe required for the purposes of completion of the
work contemplated under the Contract.

3. SUBMISSION OF TENDER

3.1 Before submitting the Tender, the Tenderer shall at their own cost and
expenses visit the site, examine and satisfy as to the nature of the existing roads,
means of communications, the character of the soil, state of land and of the
excavations, the correct dimensions of the work facilities for procuring
various construction and other material and their availability, and shall obtain
information on all matters and conditions as they may feel necessary for the
execution of the works as intended by the Owners and shall also satisfy of the
availability of suitable water for construction of civil works and for drinking purpose and
power required for fabrication work etc. Tenderer, whose tender may be accepted

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and with whom the Contract is entered into shall not be eligible and be able to make
any claim on any of the said counts in what so ever manner for what so ever reasons
at any point of time and such a claim shall not be raised as a dispute and shall not
be arbitrable.

A pre-bid meeting may be held as per the schedule mentioned in the tender.

3.2 The Tenderer shall be deemed to have satisfied fully before tendering as to the
correctness and sufficiency of his tender for the works and of the rates and prices
quoted in the schedule of quantities which rates and prices shall except as
otherwise provided cover all his obligations under the contract.
3.3 It must be clearly understood that the whole of the conditions and specifications are
intended to be strictly enforced and that no work will be considered as extra work
and allowed and paid for unless they are clearly outside the scope, spirit, meaning
of the Contract and intent of the Owner and have been so ordered in writing by
Owner and/or Engineer-in-Charge/Site-in-Charge, whose decision shall be final and
binding.

3.4 Before filling the Tender the Contractor will check and satisfy all drawings and materials
to be procured and the schedule of quantities by obtaining clarification from the
Owner on all the items as may be desired by the Tenderer. No claim for any alleged
loss or compensation will be entertained on this account, after submission of Tender
by the Tenderer/Contractor and such a claim shall not be arbitrable.

3.5 Unless specifically provided for in the tender documents or any Special Conditions, no
escalation in the Tender rates or prices quoted will be permitted throughout
the period of contract or the period of actual completion of the job whichever is later
on account of any variation in prices of materials or cost of labour or due to any
other reasons. Claims on account of escalation shall not be arbitrable.

3.6 The quantities indicated in the Tender are approximate. The approved schedule of
rates of the contract will be applicable for variations upto plus or minus 25% of the
contract value. No revision of schedule of rates will be permitted for such variations in
the contract value, including variations of individual quantities, addition of new items,
alterations, additions/deletions or substitutions of items, as mentioned above.
Quantities etc. mentioned and accepted in the joint measurement sheets shall alone
be final and binding on the parties.
3.7 Owner reserve their right to award the contract to any tenderer and their decision in
this regard shall be final. They also reserve their right to reject any or all
tenders received. No disputes could be raised by any tenderer(s) whose tender has
been rejected.
3.8 The Rates quoted by the Tenderer shall include Costs and expenses on all counts viz.
cost of materials, transportation of machine(s), tools, equipments, labour, power,
Administration charges, price escalations, profits, etc. except to the extent of the
cost of material(s), if any, agreed to be supplied by Owner and mentioned
specifically in that regard in condition of Contract, in which case, the cost of such
material if taken for preparation of the Contractor's Bill(s) shall be deducted
before making payment of the Bill(s) of the Contractor. The description given in the
schedule of quantities shall unless otherwise stated be held to include wastage
on materials, carriage and cartage, carrying in and return of empties, hoisting,

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setting, fitting and fixing in position and all other expenses necessary in and for
the full and complete execution and completion of works and in accordance with good
practice and recognised principles in that regard.
3.9 Employees of the State and Central Govt. and employees of the Public Sector
Undertakings, including retired employees are covered under their respective
service conditions/rules in regard to their submitting the tender. All such persons
should ensure compliance to the respective/applicable conditions, rules etc. Any
person not complying with those rules etc. but submitting the tender in violation
of such rules, after being so noticed shall be liable for the forfeiture of the Earnest
Money Deposit made with the tender, termination of Contract and sufferance on
account of forfeiture of Security Deposit and sufferance of damages arising as
a result of termination of Contract.

3.10 In consideration for having a chance to be considered for entering into a

contract with the Owner, the Tenderer agrees that the Tender submitted by him
shall remain valid for the period prescribed in the tender conditions, from the date
of opening of the tender. The Tenderer shall not be entitled during the said
validity period, to revoke or cancel the tender without the consent in writing
from the Owner.

In case the tenderer revokes or cancels the tender or varies any of terms of the
tender without the Consent of the Owner, in writing, the Tenderer forfeits the right to
the refund of the Earnest Money paid along with the tender.

3.11 The prices quoted by the Tenderer shall be firm during the validity period of
the bid and Tenderer agrees to keep the bid alive and valid during the said period.
The Tenderers shall particularly take note of this factor before submitting their
tender(s).

3.12 The works shall be carried out strictly as per approved specifications. Deviations, if any,
shall have to be authorised by the Engineer-in-Charge/Site-in-Charge in writing
prior to implementing deviations. The price benefit, if any, arising out of the accepted
deviation shall be passed on to the Owner. The decision of Engineer- in-Charge shall
be final in this matter.

3.13 The contractor shall make all arrangements at his own cost to transport the
required materials outside and inside the working places and leaving the premises in a
neat and tidy condition after completion of the job to the satisfaction of Owner. All
materials except those agreed to be supplied by the Owner shall be supplied by the
contractor at his own cost and the rates quoted by the Contractor should be inclusive
of all royalties, rents, taxes, duties, statutory levies, if any, etc.

3.14 The Contractor shall not carry on any work other than the work under this Contract within
the Owne s premises without prior permission in writing from the Engineer- in-
Charge/Site-in-charge.

3.15 The Contractor shall be bound to follow and ensure compliance to all the safety and
security regulations and other statutory rules applicable to the area. In the event of
any damage or loss or sufference caused due to non-observance of such rules and
regulations, the contractor shall be solely responsible for the same and shall keep the
Owner indemnified against all such losses and claims arising from the same.

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3.16 At any time after acceptance of tender, the Owner reserves the right to add,
amend or delete any work item, the bill of quantities at a later date or reduce the
scope of work in the overall interest of the work by prior discussion and intimation to
the Contractor. The decision of Owner, with reasons recorded therefor, shall be final
and binding on both the Owner and the Contractor. The Contractor shall not have right
to claim compensation or damage etc. in that regard. The Owner reserves the
right to split the work under this contract between two or more contractors
without assigning any reasons.

3.17 Contractor shall not be entitled to sublet, sub contract or assign, the work
under this Contract without the prior consent of the Owner obtained in writing.

3.18 All signatures in tender document shall be dated as well as all the pages of all
sections of the tender documents shall be initialed at the lower position and signed,
wherever required in the tender papers by the Tenderer or by a person holding
Power of Attorney authorising him to sign on behalf of the tenderer before
submission of tender.

3.19 The tender should be quoted in English, both in figures as well as in words. The rates and
amounts tendered by the Tenderer in the Schedule of rates for each item and in such a
way that insertion is not possible. The total tendered amount should also be indicated
both in figures and words with the signature of tenderer.

If some discrepancies are found between the rates given in words and figures of the
amount shown in the tender, the following procedure shall be applied :

(a) When there is a difference between the rates in figures and words, the rate which
corresponds to the amount worked out by the tenderer shall be taken as correct.
(b) When the rate quoted by the tenderer in figures and words tallies but the amount is
incorrect, the rate quoted by the tenderer shall be taken as correct.
(c) When it is not possible to ascertain the correct rate in the manner
prescribed above the rate as quoted in words shall be adopted.

3.20 All corrections and alterations in the entries of tender paper will be signed in full by
the tenderer with date. No erasures or over writings are permissible.

3.21 Transfer of tender document by one intending tenderer to the another one is not
permissible. The tenderer on whose name the tender has been sent only can
quote.

3.22 The Tender submitted by a tenderer if found to be incomplete in any or all

manner is liable to be rejected. The decision of the Owner in this regard is final and
binding.

4. DEPOSITS
a) EARNEST MONEY DEPOSIT (EMD)

The tenderer will be required to pay a sum as specified in the covering letter, as
earnest money deposit along with the tender either thru a crossed demand draft or a
non-revokable Bank Guarantee in favour of Hindustan Petroleum Corporation Limited, from
any Scheduled Bank (other than a Co-Operative Bank) payable at Mumbai in favour of
Hindustan Petroleum Corporation Limited, Mumbai in the proforma enclosed

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or through e-payment. The earnest money deposit will be refunded after finalisation of
the contract.
® Note: Public sector enterprises and small-scale units registered with National Small
Industries Corporation are exempted from payment of Earnest Money Deposit. Small
scale units registered with National Small Industries Corporation should enclose a
photocopy of their registration certificate with their quotation to make their quotation eligible
for consideration. The Registration Certificate should remain valid during the period of the
contract that may be entered into with such successful bidder. Such tenderers should
ensure validity of the Registration Certificate for the purpose. (Refer Gazette notification
of the Government of India , the Ministry of Micro, Small and Medium Enterprises
number S.O.2119 (E ), dated 26th June, 2020 on criteria for classifying the
enterprises as micro, small and medium enterprises & Udyam registration for
revised guideline.)
b) SECURITY DEPOSIT:
The tenderer, with whom the contract is decided to be entered into and intimation is so
given will have to make a security deposit of one percent (1%) of the total contract
value in the form of account payee crossed demand draft drawn in favour of the
Owner, within 15 days from the date of intimation of acceptance of their tender, failing
which the Owner reserves the right to cancel the Contract and forfeit the EMD.
1% of PO/Contract value as Security deposit will be acceptable in the form of Demand
draft or through e-payment upto r 50,000/- and in the form of Demand draft / Bank
guarantee or through e-payment beyond r 50,000/-.
Composite Performance Bank Guarantee (CPBG) valid upto a period of 3 months
beyond the expiry of defect liability period. Demand Draft should be drawn on
Scheduled Banks, other than co-operative bank.
Quantum of Performance Bank Guarantee inclusive of Security Deposit should be
as follows:
- All items (other than CVR items) : 10% of PO value
- For CVR items: r 10.0 lakhs or 5% of the order value whichever is lower. Composite
PBG of above value towards Performance Bank Guarantee inclusive of Security
Deposit shall be accepted (in lieu of deduction of retention money of 10% from each
bill); Such composite PBG shall be valid upto a period of 3 months beyond the
expiry of defect liability period. Demand Draft should be drawn on Scheduled
Banks (other than cooperative banks).
5. EXECUTION OF WORK
All the works shall be executed in strict conformity with the provisions of the contract
documents and with such explanatory details, drawings, specifications and instructions as
may be furnished from time to time to the Contractor by the Engineer-in-Charge/ Site-
in-Charge, whether mentioned in the Contract or not. The Contractor shall be responsible
for ensuring that works throughout are executed in the most proper and workman- like
manner with the quality of material and workmanship in strict accordance with the
specifications and to the entire satisfaction of the Engineer-in- Charge/Site-in-Charge.
The completion of work may entail working in monsoon also. The contractor must
maintain the necessary work force as may be required during monsoon and plan to
execute the job in such a way the entire project is completed within the contracted time
schedule. No extra charges shall be payable for such work during monsoon. It shall
be the responsibility of the contractor to keep the construction work site free from water
during and off the monsoon period at his own cost and expenses.
For working on Sundays/Holidays, the contractor shall obtain the necessary permission
from Engineer Incharge/Site Incharge in advance. The contractor shall be permitted to
work beyond the normal hours with prior approval of Engineer-In-Charge/Site-In-Charge and
the contractors quoted rate is inclusive of all such extended hours of working and no extra
amount shall be payable by the owner on this account.
® REVISION: PROC-041/01.07.2020
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5.a. SETTING OUT OF WORKS AND SITE INSTRUCTIONS

5.a.1. The Engineer-in-Charge/Site-in-Charge shall furnish the Contractor with only the four
corners of the work site and a level bench mark and the Contractor shall set out
the works and shall provide an efficient staff for the purpose and shall be solely
responsible for the accuracy of such setting out.

5.a.2. The Contractor shall provide, fix and be responsible for the maintenance of all
necessary stakes, templates, level marks, profiles and other similar things and
shall take all necessary precautions to prevent their removal or disturbance and
shall be responsible for consequences of such removal or disturbance should
the same take place and for their efficient and timely reinstatement. The
Contractor shall also be responsible for the maintenance of all existing survey
marks, either existing or supplied and fixed by the Contractor. The work shall
be set out to the satisfaction of the Engineer-in-Charge/Site-in-Charge. The
approval thereof or joining in setting out the work shall not relieve the Contractor
of his responsibility.

5.a.3. Before beginning the works, the Contractor shall, at his own cost, provide all
necessary reference and level posts, pegs, bamboos, flags ranging rods, strings
and other materials for proper layout of the work in accordance with the
scheme, for bearing marks acceptable to the Engineer-in-Charge/Site-in-
Charge. The Centre longitudinal or face lines and cross lines shall be marked by
means of small masonary pillars. Each pillar shall have distinct marks at the
centre to enable theodolite to be set over it. No work shall be started until all
these points are checked and approved by the Engineer-in-Charge/Site-in-
Charge in writing. But such approval shall not relieve the contractor of any of
his responsibilities. The Contractor shall also provide all labour, materials and
other facilities, as necessary, for the proper checking of layout and inspection of
the points during construction.
5.a.4. Pillars bearing geodetic marks located at the sites of units of works under
construction should be protected and fenced by the Contractor.
5.a.5. On completion of works, the contractor shall submit the geodetic documents
according to which the work was carried out.
5.a.6. The Engineer-in-Charge/Site-in-Charge shall communicate or confirm his
instructions to the contractor in respect of the executions of work in a "work site
order book" maintained in the office having duplicate sheet and the authorised
representative of the contractor shall confirm receipt of such instructions by
signing the relevant entries in the book.
5.a.7. All instructions issued by the Engineer-in-Charge/Site-in-Charge shall be in writing.
The Contractor shall be liable to carry out the instructions without fail.
5.a.8. If the Contractor after receipt of written instruction from the Engineer-in-Charge/
Site-in-Charge requiring compliance within seven days fails to comply with such
drawings or 'instructions' or both as the Engineer-in-Charge/Site-in-Charge may
issue, owner may employ and pay other persons to execute any such work
whatsoever that may be necessary to give effect to such drawings or
`instructions' and all cost and expenses incurred in connection therewith as
certified by the Engineer-in-Charge/ Site-in-Charge shall be borne by the contractor
or may be deducted from amounts due or that may become due to the contractor
under the contract or may be recovered as a debt.

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5.a.9. The Contractor shall be entirely and exclusively responsible for the horizontal
and vertical alignment, the levels and correctness of every part of the work and
shall rectify effectually any errors or imperfections therein. Such
rectifications shall be carried out by the Contractor, at his own cost.
5.a.10. In case any doubts arise in the mind of the Contractor in regard to any
expressions, interpretations, statements, calculations of quantities, supply of
material rates, etc. the contractor shall refer the same to the Site-in-Charge/
Engineer-in-Charge for his clarification, instructions, guidance or clearing of
doubts. The decision of the Engineer-in-Charge/Site-in-Charge shall be final and the
contractor shall be bound by such a decision.

5.a.11."The Contractor shall take adequate precautions, to ensure that his operations
do not create nuisance or misuse of the work space that shall cause
unnecessary disturbance or inconvenience to others at the work site".

5.a.12. "All fossils, coins articles of value of antiquity and structure or other remains
of geological or archaeological discovered on the site of works shall be
declared to be the property of the Owner and Contractor shall take reasonable
precautions to prevent his workmen or any other persons from removing or
damaging any such articles or thing and shall immediately inform the Owner/
Engineer-in-Charge/Site-in-Charge."

5.a.13. "Contractor will be entirely and exclusively responsible to provide and

maintain at his expenses all lights, guards, fencing, etc. when and where even
necessary or/as required by the Engineer-in-Charge/Site-in-Charge for the
protection of works or safety and convenience to all the members employed at the
site or general public."

5.b. COMMENCEMENT OF WORK

The contractor shall after paying the requisite security deposit, commence work
within 15 days from the date of receipt of the intimation of intent from the Owner
informing that the contract is being awarded. The date of intimation shall be the
date/day for counting the starting day/date and the ending day/date will be accordingly
calculated. Penalty, if any, for the delay in execution shall be calculated accordingly.

Contractor should prepare detailed fortnightly construction programme for approval

by the Engineer-in-Charge within one month of receipt of Letter Of Intent. The work shall
be executed strictly as per such time schedule. The period of Contract includes the
time required for testing, rectifications, if any, re-testing and completion of work in all
respects to the entire satisfaction of the Engineer-in-Charge.

A Letter of Intent is an acceptance of offer by the Owner and it need not be accepted by
the contractor. But the contractor should acknowledge a receipt of the purchase order
within 15 days of mailing of Purchase Order and any delay in acknowledging the receipt
will be a breach of contract and compensation for the loss caused by such breach will be
recovered by the Owner by forfeiting earnest money deposit/bid bond.

5.c. SUBLETTING OF WORK

5.c.1. No part of the contract nor any share or interest thereof shall in any manner or
degree be transferred, assigned or sublet, by the Contractor, directly or
indirectly to any firm or corporation whatsoever, without the prior consent in
writing of the Owner.
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5.c.2. At the commencement of every month the Contractor shall furnish to the Engineer-
in-charge/Site-in-Charge list of all sub-contractors or other persons or firms
engaged by the Contractor.
5.c.3 The contract agreement will specify major items of supply or services for which the
Contractor proposes to engage sub-Contractor/sub-Vendor. The contractor may
from time to time propose any addition or deletion from any such list and will submit
the proposals in this regard to the Engineer-in-charge/Designated officer-in-
charge for approval well in advance so as not to impede the progress of work.
Such approval of the Engineer-in-charge/Designated officer-in-charge will not relieve
the contractor from any of his obligations, duties and responsibilities under the
contract.
5.c.4. Notwithstanding any sub-letting with such approval as resaid and notwithstanding
that the Engineer-in-Charge shall have received copies of any sub-contract, the
Contractor shall be and shall remain solely to be responsible for the quality and
proper and expeditious execution of the works and the performance of all the
conditions of the contract in all respects as if such subletting or sub-contracting had
not taken place and as if such work had been done directly by the
Contractor.
5.c.5 Prior approval in writing of the Owner shall be obtained before any change is made
in the constitution of the contractor/Contracting agency otherwise contract shall be
deemed to have been allotted in contravention of clause entitled sub-letting of
wor and the same action may be taken and the same consequence shall ensue
as provided in the clause of sub- letting of works .

5.d EXTENSION OF TIME

1) If the Contractor anticipates that he will not be able to complete the work
within the contractual delivery/ completion date (CDD), then the Contractor
shall make a request for grant of time extension clearly specifying the reasons
for which he seeks extension of time and demonstrating as to how these
reasons were beyond the control of the contractor or attributable to the Owner.
This request should be made well before the expiry of the Contractual Delivery/
Completion Date (CDD).
2) If such a request for extension is received with a Bank Guarantee for the full
Price Reduction amount calculated on the Total Contract Value, the concerned
CGM of the Owner shall grant a Provisional extension of time, pending a
decision on the request.
3) The concerned CGM of the Owner shall expeditiously decide upon the request
for time extension and decide the levy of price reduction within a maximum
period of 6 months from the CDD or date of receipt of the request, whichever
is earlier.
4) Grant of any extension of time shall be by means of issuance of a Change
Order.
5) In order to avoid any cash crunch to the Contractor, a Bank Guarantee could
be accepted against Price Reduction, as stated above. Once a decision is
taken, the Price Reduction shall be recovered from any pending bills or by
encashment of the BG. Any balance sum of Contractor or the BG (if Price
Reduction is fully recovered from the bills) shall be promptly
refunded/returned to the Contractor.

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5.e. SUSPENSION OF WORKS

5.e.1. Subject to the provisions of this contract, the contractor shall if ordered in
writing by the Engineer- in-Charge/Site-in-Charge for reasons recorded suspend
the works or any part thereof for such period and such time so ordered and
shall not, after receiving such, proceed with the work therein ordered to suspended
until he shall have received a written order to re-start. The Contractor shall be
entitled to claim extension of time for that period of time the work was ordered to
be suspended. Neither the Owner nor the Contractor shall be entitled to claim
compensation or damages on account of such an extension of time.

5.e.2. In case of suspension of entire work, ordered in writing by Engineer-in-

Charge/Site-in-Charge, for a period of 30 days, the Owner shall have the option
to terminate the Contract as provided under the clause fortermination. The
Contractor shall not be at liberty to remove from the site of the works any
plant or materials belonging to him and the Employer shall have lien upon all
such plant and materials.

5.e.3. The contractor shall, in case of suspension have the right to raise a dispute
and have the same arbitrated but however, shall not have the right to have the
work stopped from further progress and completion either by the owner or
through other contractor appointed by the owner.

5.f. OWNER MAY DO PART OF WORK

Not withstanding anything contained elsewhere in this contract, the owner upon failure of
the Contractor to comply with any instructions given in accordance with the provisions
of this contract, may instead of Contract and undertaking charge of entire work,
place additional labour force, tools, equipment and materials on such parts of the work,
as the Owner may decide or engage another Contractor to carryout the balance of
work. In such cases, the Owner shall have the right to deduct from the amounts payable
to the Contractor the difference in cost of such work and materials with ten percent
overhead added to cover all departmental charges. Should the total amount thereof
exceed the amount due to the contractor, the Contractor shall pay the difference to the
Owner within 15 days of making demand for payment failing which the Contractor shall
be liable to pay interest at 24% p.a. on such amounts till the date of payment.

5.g. INSPECTION OF WORKS

5.g.1. The Engineer-in-Charge/Site-in-Charge and Officers from Central or State

Government will have full power and authority to inspect the works at any time
wherever in progress, either on the site or at the Contractor's
premises/workshops of any person, firm or corporation where work in connection
with the contract may be in hand or where the materials are being or are to be
supplied, and the Contractor shall afford or procure for the Engineer-in-
Charge/Site-in-Charge every facility and assistance to carryout such inspection.
The Contractor shall, at all times during the usual working hours and at all other
times at which reasonable notice of the intention of the Engineer-in-Charge/Site-in-
Charge or his representative to visit the works shall have been given to the
Contractor, either himself be present to receive orders and instructions, or
have a responsible agent, duly accredited in writing, present for the purpose.
Orders given to the Contractor's agent shall be considered to have the same force
as if they had been given to the Contractor himself. The Contractor shall give not

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less than seven days notice in writing to the Engineer-in-Charge/Site-in-Charge

before covering up or otherwise placing beyond reach of inspection and
measurement any work in order that the same may be inspected and
measured. In the event of breach of above, the same shall be uncovered at
Contractor's expense for carrying out such measurement and/or inspection.

5.g.2. No material shall be removed and despatched by the Contractor from the site
without the prior approval in writing of the Engineer-in-charge. The contractor is
to provide at all times during the progress of the work and the maintenance period
proper means of access with ladders, gangways, etc. and the necessary
attendance to move and adapt as directed for inspection or measurements of
the works by the Engineer-in-Charge/Site-in-Charge.

5.h. SAMPLES

5.h.1. The contractor shall furnish to the Engineer-in-charge/Site-in-Charge for

approval when requested or required adequate samples of all materials and
finishes to be used in the work.
5.h.2. Samples shall be furnished by the Contractor sufficiently in advance and
before commencement of the work so as the Owner can carry out tests and
examinations thereof and approve or reject the samples for use in the works. All
material samples furnished and finally used/applied in actual work shall fully be of
the same quality of the approved samples.

5.i. TESTS FOR QUALITY OF WORK

5.i.1. All workmanship shall be of the respective kinds described in the contract
documents and in accordance with the instructions of the Engineer-in-Charge /
Site-in- Charge and shall be subjected from time to time to such tests at
Contractor's cost as the Engineer-in-Charge/Site-in-Charge may direct at the
place of manufacture or fabrication or on the site or at all or any such places.
The Contractor shall provide assistance, instruments, labour and materials as are
normally required for examining, measuring and testing any workmanship as may
be selected and required by the Engineer-in-Charge/Site-in-Charge.
5.i.2. All the tests that will be necessary in connection with the execution of the work
as decided by the Engineer-in- charge/Site-in-Charge shall be carried out at the
contractors cost and expenses.
5.i.3. If any tests are required to be carried out in connection with the work or
materials or workmanship to be supplied by the owner, such tests shall be carried
out by the Contractor as per instructions of Engineer-in-Charge/Site-in-Charge and
expenses for such tests, if any, incurred by the contractor shall be reimbursed
by the Owner. The contractor should file his claim with the owner within 15
(fifteen) days of inspection/test and any claim made beyond that period shall
lapse and be not payable.

5.j. ALTERATIONS AND ADDITIONS TO SPECIFICATIONS, DESIGNS AND

WORKS

5.j.1. The Engineer-in-Charge/Site-in-Charge shall have powers to make any alterations,

additions and/or substitutions to the schedule of quantities, the original

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specifications, drawings, designs and instructions that may become necessary

or advisable or during the progress of the work and the Contractor shall be
bound to carryout such altered/extra/new items of work in accordance with
instructions which may be given to him in writing signed by the Engineer-in-
Charge/Site- in-Charge. Such alterations, omissions, additions or substitutions
shall not invalidate the contract. The altered, additional or substituted work which
the Contractor may be directed to carryon in the manner as part of the work shall
be carried out by the Contractor on the same conditions in all respects on which
he has agreed to do the work. The time for completion of such altered added
and/or substituted work may be extended for that part of the particular job. The
rates for such additional altered or substituted work under this Clause shall, be
worked out in accordance with the following provisions:
5.j.2. If the rates for the additional, altered or substituted work are specified in the contract
for similar class of work, the Contractor is bound to carryout the additional,
altered or substituted work at the same rates as are specified in the contract.
5.j.3. If the rates for the additional, altered or substituted work are not specifically provided
in the contract for the work, the rates will be derived from the rates for similar
class of work as are specified in the contract for the work. In the opinion of the
Engineer-in- Charge/Site-in-Charge as to whether or not the rates can be
reasonably so derived from the items in this contract, will be final and binding on
the Contractor.
5.j.4. If the rates for the altered, additional or substituted work cannot be determined in
the manner specified above, then the Contractor shall, within seven days of the
date of receipt of order to carry out the work, inform the Engineer-in-Charge/
Site-in-Charge of the rate at which he intends to charge for such class of work,
supported by analysis of the rate or rates claimed and the Engineer-In-Charge/
Site-in-Charge shall determine the rates on the basis of the prevailing market
rates for both material and labour plus 10% to cover overhead and profit of labour
rates and pay the Contractor accordingly. The opinion of the Engineer-in-
Charge/Site-in-Charge as to current market rates of materials and the quantum of
labour involved per unit of measurement will be final and binding on the
contractor.
5.j.5. In case of any item of work for which there is no specification supplied by the
Owner and is mentioned in the tender documents, such work shall be carried out in
accordance with Indian Standard Specifications and if the Indian Standard
Specifications do not cover the same, the work should be carried out as per
standard Engineering Practice subject to the approval of the Engineer-in-Charge/
Site-in-Charge.

5.k. PROVISIONAL ACCEPTANCE

Acceptance of sections of the works for purposes of equipment erection, piping,

electrical work and similar usages by the Owner and payment for such work or parts of
work shall not constitute a waiver of any portion of this contract and shall not be
construed so as to prevent the Engineer from requiring replacement of defective
work that may become apparent after the said acceptance and also shall not absolve the
Contractor of the obligations under this contract. It is made clear that such an
acceptance does not indicate or denote or establish to the fact of execution of that work
or the Contract until the work is completed in full in accordance with the provisions
of this Contract.

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5.l. COMPLETION OF WORK AND COMPLETION CERTIFICATE

As soon as the work is completed in all respects, the contractor shall give notice of such
completion to the site in charge or the Owner and within thirty days of receipt of such
notice the site in charge shall inspect the work and shall furnish the contractor with a
certificate of completion indicating:
a) defects, if any, to be rectified by the contractor
b) items, if any, for which payment shall be made in reduced rates
c) the date of completion.

5.m. USE OF MATERIALS AND RETURN OF SURPLUS MATERIALS

5.m.1. Notwithstanding anything contained to the contrary in any or all of the clauses of
this contract, where any materials for the execution of the contract are
procured with the assistance of Government either by issue from Government
stocks or procurement made under orders or permits or licences issued by
Government, the contractor shall use the said materials economically and solely
for the purpose of the contract and shall not dispose them of without the
permission of the Owner.
5.m.2. All surplus(serviceable) or unserviceable materials that may be left over after
the completion of the contract or at its termination for any reason
whatsoever, the Contractor shall deliver the said product to the Owner without
any demur. The price to be paid to the Contractor, if not already paid either in
full or in part, however, shall not exceed the amount mentioned in the Schedule
of Rates for such material and in cases where such rates are not so mentioned,
shall not exceed the CPWD scheduled rates. In the event of breach of the
aforesaid condition the contractor shall become liable for contravention of the
terms of the Contract.
5.m.3. The surplus (serviceable) and unserviceable products shall be determined by joint
measurement. In case where joint measurement has failed to take place, the
Owner may measure the same and determine the quantity.
5.m.4. It is made clear that the Owner shall not be liable to take stock and keep
possession and pay for the surplus and unserviceable stocks and the Owner may
direct the Contractor to take back such material brought by the Contractor and
becoming surplus and which the Owner may decide to keep and not to pay for the
same.

5.n. DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 12 months from the date
of completion of the job. Any damage or defect that may arise or lie undiscovered at
the time of completion of the job shall be rectified or replaced by the contractor at his
own cost. The decision of the Engineer In-charge/Site-Incharge/Owner shall be the
final in deciding whether the defect has to be rectified or replaced.
Equipment or spare parts replaced under warranty/guarantees shall have further warranty
for a mutually agreed period from the date of acceptance.
The owner shall intimate the defects noticed in writing by a Registered A.D. letter or
otherwise and the contractor within 15 days of receipt of the intimation shall start the
rectification work and complete within the time specified by the owner failing which the
owner will get the defects rectified by themselves or by any other contractor and the
expenses incurred in getting the same done shall be paid by the Contractor under the
provision of the Contract.
Thus, defect liability is applicable only in case of job/works contract (civil, mechanical,
electrical, maintenance etc. ) where any damage of defect may arise in future (i.e.
within 12 months from the date of completion of job) or lie undiscovered at the time of
completion of job.
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In other words, in case of service contracts (like car hire etc.) where there is no
question of damage or defect arising in future, the defect liability clause is not
applicable.

® Equipment or spare parts replaced under warranty/guarantees shall have further

warranty for 12 months from the date of acceptance. However, in no case will the
warranty exceed 24 months from the date of start of the original warranty. (Refer Annexure
22 Govt. Guideline Sr. No. 14)

5.o. DAMAGE TO PROPERTY

5.o.1. Contractor shall be responsible for making good to the satisfaction of the Owner
any loss of and any damage to all structures and properties belonging to the Owner
or being executed or procured by the Owner or of other agencies within the
premises of the work of the Owner, if such loss or damage is due to fault and/or
the negligence or willful acts or omission of the Contractor, his employees,
agents, representatives or sub-contractors.

5.o.2. The Contractors shall indemnify and keep the Owner harmless of all claims for
damage to Owner's property arising under or by reason of this contract.

® 5.p. LIMITATION OF LIABILITY

Notwithstanding anything contrary contained herein, the aggregate total liability of

Seller, excluding his liability towards infringement of patent, trade mark or industrial
design rights under the contract or otherwise shall be limited to 100% of value of
Purchase order. However, neither party shall be liable to the other party for any
indirect and consequential damages, loss of profits or loss of production. (Refer
Annexure 22 Govt. Guideline Sr. No. 13)

6. DUTIES AND RESPONSIBILITIES OF CONTRACTOR

6.a. EMPLOYMENT LIABILITY TOWARDS WORKERS EMPLOYED BY THE

CONTRACTOR

6.a.1 The Contractor shall be solely and exclusively responsible for engaging or
employing persons for the execution of work. All persons engaged by the
contractor shall be on Contractor's payroll and paid by Contractor. All disputes or
differences between the Contractor and his/their employees shall be settled by
Contractor.
6.a.2. Owner has absolutely no liability whatsoever concerning the employees of the
Contractor. The Contractor shall indemnify Owner against any loss or damage or
liability arising out of or in the course of his/their employing persons or relation
with his/their employees. The Contractor shall make regular and full payment of
wages and on any complaint by any employee of the Contractor or his sub
contractor regarding non-payment of wages, salaries or other dues, Owner
reserves the right to make payments directly to such employees or sub-
contractor of the Contractor and recover the amount in full from the bills of the

® REVISION: PROC-021/01.07.2017

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Contractor and the contractor shall not claim any compensation or

reimbursement thereof. The Contractor shall comply with the Minimum Wages
Act applicable to the area of work site with regard to payment of wages to his
employees and also to employees of his sub contractor.
6.a.3. The Contractor shall advise in writing or in such appropriate way to all of his
employees and employees of sub-contractors and any other person engaged by
him that their appointment/employment is not by the Owner but by the
Contractor and that their present appointment is only in connection with the
construction contract with Owner and that therefore, such an
employment/appointment would not enable or make them eligible for any
employment/appointment with the Owner either temporarily or/and permanent
basis.

6.b. NOTICE TO LOCAL BODIES

The contractor shall comply with and give all notices required under any Government
authority, instruction, rule or order made under any act of parliament, state laws or
any regulations or by-laws of any local authority relating to the works.

6.c. FIRST AID AND INDUSTRIAL INJURIES

6.c.1 Contractor shall maintain first aid facility for his employees and those of his
sub-contractors.
6.c.2. Contractor shall make arrangements for ambulance service and for the
treatment of all types of injuries. Names and telephone numbers of those
providing such services shall be furnished to Owner prior to start of
construction and their name board shall be prominently displayed in Contractor's
field office.
6.c.3. All industrial injuries shall be reported promptly to owner and a copy of
contractor's report covering each personal injury requiring the attention of a
physician shall be furnished to the Owner.

6.d. SAFETY CODE

6.d.1. The Contractor shall at his own expenses arrange for the Safety provisions
as may be necessary for the execution of the work or as required by the
Engineer-in-Charge in respect of all labours directly or indirectly employed for
performance of the works and shall provide all facilities in connections
therewith. In case the contractor fails to make arrangements and provide
necessary facilities as aforesaid, the Owner shall be entitled to do so and
recover the cost thereof from the Contractor.
6.d.2. From the commencement to the completion of the works, the contractor shall
take full responsibility for the care thereof and of all the temporary works (defined
as meaning all temporary works of every kind required in or for the execution,
completion or maintenance of the works). In case damage, loss or injury shall
happen to the works or to any part thereof or to temporary works or to any
cause whatsoever repair at his (Contractor's) own cost and make good the
same so that at the time of completion, the works shall be in good order and
condition and in conformity in every respect with the requirement of the contract
and Engineer-in-Charge's instructions.

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6.d.3. In respect of all labour, directly or indirectly employed in the work for the
performance of the Contractor's part of this agreement, the contractor shall
at his own expense arrange for all the safety provisions as per relevant Safety
Codes of C.P.W.D Bureau of Indian Standards, the Electricity Act/I.E. Rules.
The Mines Act and such other Acts as applicable.
6.d.4. The Contractor shall observe and abide by all fire and safety regulations of
the Owner. Before starting construction work, the Contractor shall consult
with Owner's Safety Engineer or Engineer-in-Charge/Site-in-Charge and must
make good to the satisfaction of the Owner any loss or damage due to fire to
any portion of the work done or to be done under this agreement or to any of
the Owner's existing property.
6.d.5. The Contractor will be fully responsible for complying with all relevant provisions
of the Contract Labour Act and shall pay rates of Wages and observe hours
of work/conditions of employment according to the rules in force from time to
time.
6.d.6. The Contractor will be fully responsible for complying with the provision
including documentation and submission of reports on the above to the
concerned authorities and shall indemnify the Corporation from any such
lapse for which the Government will be taking action against them.
6.d.7. Owner shall on a report having been made by an inspecting Office as
defined in the Contract Labour Regulations have the power to deduct from the
money due to the Contractor any sum required or estimated to be required for
making good the loss suffered by a worker(s) by reasons of non-fulfillment of
conditions of contract for the benefit of workers no-payment of wages or of
deductions made from his or their wages which are not justified by the terms of
contract or non observance of the said contractor's labour Regulation.

6.e. 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.

6.e.1. EMPLOYEES STATE INSURANCE 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 Contractor's or sub-contractor's employee whose
aggregate emuneration 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.

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The Contractor shall deduct and secure the agreement of the sub- contractor
to deduct the employee's contribution as per the first schedule of the
Employee's State Insurance Act from wages and affix the employee's
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, Employee's State Insurance Corporation Account, the Employee's
contribution as required by the Act.

ii. 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 sub contractor to maintain such records. Any expenses
incurred for the contributions, making contribution or maintaining records
shall be to the Contractor's or sub-contractor's 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. WORKMAN'S COMPENSATION AND EMPLOYEE'S LIABILITY

INSURANCE
Provide Insurance for all the Contractor's employees engaged in the
performance of this contract. If any of the work is sublet, the Contractor shall
ensure that the sub contractor provides workmen's compensation and
Employer's Liability Insurance for the latter's employees who are not
covered under the Contractor's insurance.

vi. AUTOMOBILE LIABILITY INSURANCE

Contractor shall take out an Insurance to cover all risks to Owner for each
of his vehicles plying 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
unauthorised 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.

6.e.2. ANY OTHER INSURANCE REQUIRED UNDER LAW OR REGULATION OR BY

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.
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ii. The aforesaid insurance policy/policies shall provide that they shall not 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 sub-contractor (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. Contractor shall at his own expense cover all the workmen engaged
under him under Pradhan Mantri Surksha Bima Yojana (PMSBY) and
submit proof of the same to HPCL.

6.e.3. LABOUR AND LABOUR LAWS

i. 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.

ii. 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.

iii. 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 thereunder 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 sub contractor under the provisions of the 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 Owner's 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.

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iv. The Contractor will comply with the provisions of the Employee's Provident
Fund Act and the Family Pension Act as may be applicable and as
amended from time to time.

v. 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.

vi. 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 Contractor shall
also be liable for any pecuniary liability arising on account of any violation
by him of the provision of the Act.

vii. 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.

6.f. DOCUMENTS CONCERNING WORKS

6.f.1. All documents including drawings, blue prints, tracings, reproducible models,
plans, specifications and copies, thereof furnished by the Owner as well as all
drawings, tracings, reproducibles, plans, specifications design calculations
etc. prepared by the contractor for the purpose of execution of works
covered in or connected with this contract shall be the property of the Owner and
shall not be used by the contractor for any other work but are to be delivered
to the Owner at the completion or otherwise of the contract.

6.f.2. The Contractor shall keep and maintain secrecy of the documents, drawings
etc. issued to him for the execution of this contract and restrict access to such
documents, drawings etc. and further the Contractor shall execute a SECRECY
agreement from each or any person employed by the Contractor having access
to such documents, drawings etc. The Contractor shall not issue drawings and
documents to any other agency or individual without the written approval by
the Engineer-in-Charge/Site-in- Charge.

6.f.3. Contractor will not give any information or document etc. concerning details of
the work to the press or a news disseminating agency without prior written
approval from Engineer-in-charge/Site-in-Charge. Contractor shall not take
any pictures on site without written approval of Engineer-in-Charge/Site-in-
Charge.

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7. PAYMENT OF CONTRACTOR'S BILLS

7.1. Payments will be made against Running Accounts bills certified by the Owner's
Engineer-in-Charge/Site-in-Charge within 15 days from the date of receipt of the
bill..

7.2. Running Account Bills and the final bill shall be submitted by the Contractor together
with the duly signed measurements sheet(s) to the Engineer-in-Charge/ Site-in-
Charge of the Owner in quadruplicate for certification.

The Bills shall also be accompanied by quantity calculations in support of the

quantities contained in the bill along with cement consumption statement,
actual/theoretical, wherever applicable duly certified by the Engineer-in-Charge/ Site-in-
Charge of the Owner.

7.3. All running account payments shall be regarded as on account payment(s) to be finally
adjusted against the final bill payment. Payment of Running Account Bill(s) shall not
determine or affect in any way the rights of the Owner under this Contract to make
the final adjustments of the quantities of material, measurements of work and
adjustments of amounts etc. in the final bill.

7.4. The final bill shall be submitted by the Contractor within one month of the date of
completion of the work fully and completely in all respects. If the Contractor fails to
submit the final bill accordingly Engineer-in-Charge/Site-in-Charge may make the
measurement and determine the total amount payable for the work carried out by the
Contractor and such a certification shall be final and binding on the Contractor.
The Owner/Engineer- in-Charge/Site-in-Charge may take the assistance of an outside
party for taking the measurement, the expenses of which shall be payable by the
Contractor.

7.5. Payment of final bill shall be made within 30 days from the date of receipt of the certified
bill by the Disbursement Section of the owner.

7.6 Wherever possible, payment shall be tendered to the contractor in electronic mode
(e-payment) through any of the designated banks. The contractor will comply by
furnishing full particulars of Bank acount (mandate) to which the payments will be
routed. Owner reserves the right to make payment in any alternate mode also.

7.a. MEASUREMENT OF WORKS

7.a.1. All measurements shall be in metric system. All the works will be jointly
measured by the representative of the Engineer-in-Charge/Site-in-Charge and
the Contractor or their authorised agent progressively. Such measurement will
be recorded in the Measurement Book/Measurement Sheet by the Contractor
or his authorised representative and signed in token of acceptance by the
Owner or their authorised representative.
7.a.2. For the purpose of taking joint measurement, the Contractor/representative
shall be bound to be present whenever required by the Engineer-in-Charge/Site-
in-Charge.
If, however, they are absent for any reasons whatsoever, the measurement will
be taken by the Engineer-in-Charge/Site-in-Charge or his representative and the
same would be deemed to be correct and binding on the Contractor.
7.a.3. In case of any dispute as to the mode of measurement for any item of work,
the latest Indian Standard Specifications shall be followed. In case of any
further dispute on the same the same shall be as per the certification of an
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outside qualified Engineer/ Consultant. Such a measurement shall be final and

binding on the Owner and the Contractor.

7.b. BILLING OF WORKS EXECUTED

The Contractor will submit a bill in approved proforma in quadruplicate to the Engineer-
in-Charge/Site-in-Charge of the work giving abstract and detailed measurement for
the various items executed during a month, before the expiry of the first week of the
succeeding month. The Engineer-in-Charge/Site-in-Charge shall take or cause to be
taken the requisite measurements for the purpose of having the bill verified and/or
checked before forwarding the same to the disbursement office of the Owner for further
action in terms of the Contract and payment thereafter. The Engineer-in-Charge/Site-in-
Charge shall verify the bills within 7 days of submission of the Bill by the
Contractor.

7.c. RETENTION MONEY

10% of the total value of the Running Account and Final Bill will be deducted and retained
by the Owner as retention money on account of any damage/defect liability that
may arise for the period covered under the defect liability period clause of the Contract
free of interest. Any damage or defect that may arise or lie undiscovered at the time of
issue of completion certificate connected in any way with the equipment or materials
supplied by contractor or in workmanship shall be rectified or replaced by the contractor
at his own expense failing which the Owner shall be entitled to rectify the said
damage/defect from the retention money. Any excess of expenditure incurred by the
Owner on account of damage or defect shall be payable by the Contractor. The decision
of the Owner in this behalf shall not be liable to be questioned but shall be final and
binding on the Contractor.

Thus, deduction towards retention money is applicable only in case of job/works contracts
(civil, mechanical, electrical, maintenance etc.) where any damage or defect may arise
in future (i.e. within 12 months from the date of completion of job) or lie undiscovered at
the time of issue of completion certificate.

7.d. STATUTORY LEVIES

7.d.1 The Contractor accepts full and exclusive liability for the payment of any and all
taxes, duties, cess, levies and statutory payments payable under all or any of
the statutes etc.

Variations of taxes and duties arising out of the amendments to the Central / State
enactments, in respect of sale of goods / services covered under this bid shall be to
HPCL s account, so long as :

They relate to the period after the opening of the price bid, but before the
contracted completion period ( excluding permitted extensions due to delay on
account of the contractors, if any) or the actual completion period, whichever is
earlier; and
The vendor furnishes documentary evidence of incurrence of such variations, in
addition to the invoices/documents for claiming Cenvat /Input Tax credit,
wherever applicable.

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All contributions and taxes for unemployment compensation, insurance and old
age pensions or annuities now or hereafter imposed by Central or State
Governmental authorities which are imposed with respect to or covered by
the wages, salaries or other compensations paid to the persons employed by the
Contractor and the Contractor 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 Contractor further agrees to comply and
to secure the compliance of all sub-contractors with all applicable Central,
State, Municipal and local laws, and regulations and requirements of any
Central, State or Local Government agency or authority.

Contractor further agrees to defend, indemnify and hold harmless from any
liability or penalty which may be imposed by the Central, State or Local
authorities by reason of any violation by Contractor or sub-contractor of such
laws, regulations or requirements and also from all claims, suits or proceedings
that may be brought against the Owner arising under, growing out of, or by
reasons of the work provided for by this contract by third parties, or by Central
or State Government authority or any administrative sub-division thereof. The
Contractor further agrees that in case any such demand is raised against the
Owner, and Owner has no way but to pay and pays/makes payment of the same,
the Owner shall have the right to deduct the same from the amounts due and
payable to the Contractor. The Contractor shall not raise any demand or
dispute in respect of the same but may have recourse to recover/receive
from the concerned authorities on the basis of the Certificate of the Owner issued
in that behalf.

7.d.2. The rates quoted should be inclusive of all taxes. However, wherever a
tax to be deducted at source the same will be deducted from the bills of
the Contractor and paid to the concerned authorities. The proof of such
payments of tax on works contract will be furnished to the contractor.

The vendor shall comply with all the provisions of the GST
Act/Rules/requirements like providing of tax invoices, payment of taxes to the
authorities within the due dates, filing of returns within the due dates etc. to
enable HPCL to take Input Tax Credit. In case of imports, vendor shall
provide import documents and invoice fulfilling the requirement of Customs
Act and Rules. Vendor will be fully responsible for complying with the
Customs provisions to enable HPCL to take Input Tax Credit.

In case, HPCL is not able to take Input Tax Credit due to any
noncompliance/default/negligence of the seller of goods/service provider, the
same shall be recovered from the pending bills/dues (including security
deposit, BG etc.)

Vendor shall be responsible to indemnify the Corporation for any loss, direct
or implied accrued to the Corporation on account of supplier/service provider
failure to discharge his statutory liabilities like paying taxes on time, filing
appropriate returns within the prescribed time etc.

7.d.3. Income tax will be deducted at source as per rules at prevailing rates, unless
certificate, if any, for deduction at lesser rate or nil deduction is submitted by the
Contractor from appropriate authority.

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7.d.4 The contractor shall provide accurate particulars of PAN number as required, under
Section 206AA of Income Tax Act 1961.

7.d.5 The contractors having their tax residency status outside India shall provide
Tax Residency Certificate (TRC), issued by Government of the Country or the
specified territory where the Contractor is a Resident. Rule 21AB of the
Income Tax Rules, 1962 has prescribed the contents of a TRC. This would
enable the Corporation to deduct tax at source by duly considering the treaty
relief , if any, under Double Taxation Avoidance Agreement (DTAA) entered
into between GOI and the respective country/specified territory in which the
Contractors tax residency status is currently in force.

7.d.6 Anti-Profiteering Clause GST Act anti-profiteering provisions mandates that

any reduction in tax rates or benefits of input tax credits be passed on to the
consumer by way of commensurate reduction in prices. Vendors to take note
of the same and pass such benefits while quoting their price.

7.e. MATERIALS TO BE SUPPLIED BY CONTRACTOR

7.e.1. The Contractor shall procure and provide the whole of the materials required for
construction including tools, tackles, construction plant and equipment for the
completion and maintenance of the works except the materials viz. steel and
cement which may be agreed to be supplied as provided elsewhere in the contract.
The contractor shall make arrangement for procuring such materials and for the
transport thereof at their own cost and expenses.

7.e.2. The Owner may give necessary recommendation to the respective authority if
so desired by the Contractor but assumes no responsibility of any nature.
The Contractor shall procure materials of ISI stamp/certification and
supplied by reputed suppliers borne on DGS&D list.

7.e.3. All materials procured should meet the specifications given in the tender
document. The Engineer-in-charge may, at his discretion, ask for samples and
test certificates for any batch of any materials procured. Before procuring, the
Contractor should get the approval of Engineer-in-Charge/Site-in-Charge for
any materials to be used for the works.

7.e.4. Manufacturer's certificate shall be submitted for all materials supplied by the
Contractor. If, however, in the opinion of the Engineer-in-Charge/Site-in-Charge
any tests are required to be conducted on the material supplied by the
Contractor, these will be arranged by the Contractor promptly at his own cost.

7.f. MATERIALS TO BE SUPPLIED BY THE OWNER

7.f.1. Steel and Cement maybe supplied by the Owner to the contractor against
payment by Contractor from either godown or from the site or within work
premises itself and the contractor shall arrange for all transport to actual work
site at no extra cost.

7.f.2. The contractor shall bear all the costs including loading and unloading, carting
from issue points to work spot storage, unloading, custody and handling and
stacking the same and return the surplus steel and cement to the Owner's
storage point after completion of job.
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7.f.3. The contractor will be fully accountable for the steel and cement received from the
Owner and contractor will give acknowledgement/receipt for quantity of steel and
cement received by him each time he uplifts cement from Owner's custody.

7.f.4. For all computation purposes, the theoretical cement consumption shall be
considered as per CPWD standards.

7.f.5. Steel and Cement as received from the manufacturer/stockists will be

issued to the contractor. Theoretical weight of cement in a bag will be
considered as 50 Kg. Bags weighing upto 4% less shall be accepted by the
contractor and considered as 50 Kg. per bag. Any shortage in the weight of
any cement bag by more than 4% will be to the Owner's account only when
pointed out by the Contractor and verified by Engineer-in-Charge/Site in Charge
at the time of Contract or taking delivery.

7.f.6. The contractor will be required to maintain a stock register for receipt, issuance
and consumption of steel and cement at site. Cement will be stored in a
warehouse at site. Requirement of cement on any day will be taken out of the
warehouse. Cement issued shall be regulated on the basis of FIRST RECEIPT
to go as FIRST ISSUE.

7.f.7. Empty cement bag shall be the property of the Contractor. Contractor shall
be penalised for any excess/under consumption of cement. The penal rate
will be twice the rate of issue of cement for this work.

7.f.8. All the running bills as well as the final bills will be accompanied by cement
consumption statements giving the detailed working of the cement used,
cement received and stock-on-hand.

7.f.9. The Contractor will be fully responsible for safe custody of cement once it is
received by him and during transport. Owner will not entertain any claims of the
contractor for theft, loss or damage to cement while in their custody.

7.f.10. The contractor shall not remove from the site any cement bags at any time.

7.f.11. The Contractor shall advise Engineer-in-charge/Site-in-charge in writing atleast 21

days before exhausting the Cement stocks already held by Contractor to ensure
that such delays do not lead to interruptions in the progress of work.

7.f.12. Cement shall not be supplied by the Owner for manufacturing of mosaic tiles,
precast cement jali and any other bought out items which consume cement and
for temporary works.

7.f.13. Cement in bags and in good usable condition left over after the completion of
work shall be returned by the contractor to the Owner. The Owner shall make
payment to the Contractor at the supply rate for such stocks of cement they
accept and receive. Any refused stock of cement shall be removed by the
Contractor from the site at his cost and expenses within 15 days of completion of
the work.

8. PAYMENT OF CLAIMS AND DAMAGES

8.1. Should the Owner have to pay money in respect of claims or demands as aforesaid the
amount so paid and the costs incurred by the Owner shall be charged to and paid by
the Contractor and the Contractor shall not be entitled to dispute or question the right of
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the Owner to make such payments notwithstanding the same may have been without
his consent or authority or in law or otherwise to the contrary.

8.2. In every case in which by virtue of the provisions of Workmen's Compensation Act,
1923, or other Acts, the Owner is obliged to pay Compensation to a Workman
employed by the Contractor in execution of the works, the Owner will recover from the
Contractor the amount of compensation so paid and without prejudice to the rights
of Owner under the said Act. Owner shall be at liberty to recover such amount or any
part thereof by deducting it from the security deposit or from any sum due to the
Contractor whether under this contract or otherwise. The Owner shall not be
bound to contest any claim made under Section 12 sub section (1) of the said Act,
except on the written request of the Contractor and upon his giving to the Owner full
security for all costs for which the owner might become liable in consequence of
contesting such claim.

8.a. ACTION AND COMPENSATION IN CASE OF BAD WORK

If it shall appear to the Engineer-in-Charge/Site-in-Charge that any work has been
executed with bad, imperfect or unskilled workmanship, or with materials, or that any
materials or articles provided by the Contractor for execution of the work are not of
standards specified/inferior quality to that contracted for, or otherwise not in accordance
with the contract, the CONTRACTOR shall on demand in writing from the Engineer-in-
Charge/Site-in-Charge or his authorised representative specifying the work,
materials or articles complained of, notwithstanding that the same may have been
inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct
the work so specified and at his own charge and cost and expenses and in the event of
failure to do so within a period of 15 days of such intimation/ information/knowledge,
the Contractor shall be liable to pay compensation equivalent to the cost of
reconstruction by the Owner. On expiry of 15 days period mentioned above, the Owner
may by themselves or otherwise rectify or remove and re-execute the work or remove
and replace with others, the materials or articles complained of as the case may be at
the risk and expenses in all respects of the Contractor. The decision of the Engineer-
in- Charge/ Site-in-Charge as to any question arising under this clause shall be final and
conclusive and shall not be raised as a dispute or shall be arbitrable.

8.b. INSPECTION AND AUDIT OF CONTRACT AND WORKS

This project is subject to inspection by various Government agencies of Government

of India. The contractor shall extend full cooperation to all the Government and other
agencies in the inspection of the works, audit of the Contract and the documents of
Contract Bills, measurements sheets etc. and examination of the records of works and
make enquiries interrogation as they may deem fit, proper and necessary.
Upon inspection etc. by such agencies if it is pointed out that the contract work has not
been carried out according to the prescribed terms and conditions as laid down in the
tender documents and if any recoveries are recommended, the same shall be
recovered from the contractors running bills/final bill/from ordered/suggested Security
Deposit/retention money. The Contractor shall not rise any dispute on any such account
and the same shall not be arbitrable.

9. CONTRACTOR TO INDEMNIFY THE OWNER

The Contractor shall indemnify the Owner and every member, officer and employee
of the Owner, also the Engineer-in-Charge/Site-in-Charge and his staff against all the
actions, proceedings, claims, demands, costs, expenses, whatsoever arising out of or in
connection with the works and all actions, proceedings, claims, demands, costs,
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expenses which may be made against the Owner for or in respect of or arising out of
any failure by the Contractor in the performance of his obligations under the contract.
The Contractor shall be liable for or in respect of or in consequence of any accident or
injury to any workmen or other person in the employment of the Contractor or his sub
contractor and Contractor shall indemnify and keep indemnified the Owner against all
such damages, proceedings, costs, charges and expenses whatsoever in respect thereof
or in relation thereto.

10. Price reduction

i) In case of any delay in completion of the work beyond the CDD, the Owner
shall be entitled to be paid Price Reduction by the Contractor. The price reduction
shall be initially at the rate of 0.5% (half percent) of the total contract value for
every week of the delay subject to a maximum of 5% of the total contract
value. The price reduction shall be recovered by the Owner out of the
amounts payable to the Contractor or from any Bank Guarantees or
Deposits furnished by the Contractor or the Retention Money retained from the
Bills of the Contractor, either under this contract or any other contract.

ii) The Contractor shall be entitled to give an acceptable unconditional Bank

Guarantee in lieu of such a deduction if Contractor desires any decision on a
request for time extension.

iii) Once a final decision is taken on the request of the Contractor or otherwise, the
price reduction shall be applicable only on the basic cost of the contract and on
each full completed week(s) of delay (and for part of the week, a pro-rata price
reduction amount shall be applicable).

iv) This final calculation of price reduction shall be only on the value of the
unexecuted portion/quantity of work as on the CDD.

v) Contractor agrees with the Owner, that the above represents a genuine pre-
estimate of the damages which the Owner will suffer on account of delay in the
performance of the work by Contractor. The Contractor further agrees that the
price reduction amount is over and above any right which owner has to risk
purchase under Clause 12.4 and any right to get the defects in the work rectified
at the cost of the contractor.

11. DEFECTS AFTER TAKING OVER OR TERMINATION OF WORK CONTRACT BY

OWNER

The Contractor shall remain responsible and liable to make good all losses or damages
that may occur/appear to the work carried out under this Contract within a period of 12
months from date of issue of the Completion Certificate and/or the date of Owner
taking over the work, whichever is earlier. The Contractor shall issue a Bank Guarantee
to the Owner in the sum of 10% of the work entrusted in the Contract, from any
Scheduled Bank (other than a Co-Operative Bank) acceptable to the Owner and if
however, the Contractor fails to furnish such a Bank Guarantee the Owner shall have
right to retain the Security Deposit and Retention Money to cover the 10% of the
Guarantee amount under this clause and to return/refund the same after the expiry of the
period of 12 months without any interest thereon. (Please refer to clause 4. Deposits)

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12. TERMINATION OF CONTRACT

12.1 The owner may terminate the contract at any stage of the construction for reasons to
be recorded in the letter of termination.

12.2 The Owner inter alia may terminate the Contract for any or all of the following reasons
that the contractor

a) has abandoned the work/Contract.

b) has failed to commence the works, or has without any lawful excuse under these
conditions suspended the work for 15 consecutive days.
c) has failed to remove materials from the site or to pull down and replace the work within
15 days after receiving from the Engineer written notice that the said materials or
work were condemned and/or rejected by the Engineer under specified conditions.
d) has neglected or failed to observe and perform all or any of the terms acts, matters or
things under this Contract to be observed and performed by the Contractor.
e) has to the detriment of good workmanship or in defiance of the Engineer's instructions to
the contrary sub-let any part of the Contract.
f) has acted in any manner to the detrimental interest, reputation, dignity, name or
prestige of the Owner.
g) has stopped attending to work without any prior notice and prior permission for a
period of 15 days.
h) has become untraceable.
i) has without authority acted in violation of the terms and conditions of this contract
and has committed breach of terms of the contract in best judgement of the
owner.
j) has been declared insolvent/bankrupt.
k) in the event of sudden death of the Contractor.

12.3 The owner on termination of such contract shall have the right to appropriate the
Security Deposit, Retention Money and invoke the Bank Guarantee furnished by the
contractor and to appropriate the same towards the amounts due and payable by the
contractor as per the conditions of Contract and return to the contractor excess
money, if any, left over.

12.4 In case of Termination of the contract, Owner shall have the right to carry out the
unexecuted portion of the work either by themselves or through any other contractor(s) at
the risk and cost of the Contractor. In view of paucity of time, Owner shall have the right to
place such unexecuted portion of the work on any nominated contractor(s). However, the
overall liability of the Contractor shall be restricted to 100 % of the total contract value.

® 12.5 The contractor within or at the time fixed by the Owner shall depute his authorised
representative for taking joint final measurements of the works executed thus far and
submit the final bill for the work as per joint final measurement within 15 days of the date
of joint final measurement. If the contractor fails to depute their representative for joint
measurement, the owner shall take the measurement with their Engineer-in-
Charge/Site-in-Charge or any other outside representatives. Such a
measurement shall be final and binding on the Parties and shall not be questioned by
the Contractor and no dispute can be raised by the Contractor on the same.

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12.6 The Owner may enter upon and take possession of the works and all plant, tools,
scaffoldings, sheds, machinery, power operated tools and steel, cement and other
materials of the Contract at the site or around the site and use or employ the same for
completion of the work or employ any other contractor or other person or persons to
complete the works. The Contractor shall not in any way object or interrupt or do
any act, matter or thing to prevent or hinder such actions, other Contractor or
other persons employed for completing and finishing or using the materials and
plant for the works. When the works shall be completed or as soon thereafter the
Engineer shall give a notice in writing to the Contractor to remove surplus
materials and plant, if any, and belonging to the Contractor except as provided
elsewhere in the Contract and should the Contractor fail to do so within a period of 15
days after receipt thereof the Owner may sell the same by public auction and shall
give credit to the contractor for the amount realised. The Owner shall thereafter
ascertain and certify in writing under his hand what (if anything) shall be due or
payable to or by the Owner for the value of the plant and materials so taken
possession and the expense or loss which the Owner shall have been put to in
procuring the works, to be so completed, and the amount if any, owing to the
Contractor and the amount which shall be so certified shall thereupon be paid by the
Owner to the Contractor or by the Contractor to the Owner, as the case may, and the
Certificate of the Owner shall be final and conclusive between the parties.

12.7 When the contract is terminated by the Owner for all or any of the reasons mentioned
above the Contractor shall not have any right to claim compensation on account of
such termination.

® 13. FORCE MAJEURE

Circumstances leading to force majeure

(a) act of terrorism;

(b) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or
not), civil war, rebellion, revolution, insurrection of military or usurped power;

(c) ionising radiation or contamination, radio activity from any nuclear fuel or from
any nuclear waste from the combustion of nuclear fuel, radioactive toxic
explosive or other hazardous properties of any explosive assembly or nuclear
component;

(d) epidemics, earthquakes, flood, fire, hurricanes, typhoons or other physical

natural disaster, but excluding weather conditions regardless of severity; and

(e) freight embargoes, strikes at national or state-wide level or industrial disputes at

a national or state-wide level in any country where Works are performed, and
which affect an essential portion of the Works but excluding any industrial
dispute which is specific to the performance of the Works or the Contract.

For the avoidance of doubt, inclement weather, third party breach, delay in supply of
mate
shall not constitute a Force Majeure event.

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Notification of Force Majeure

Contractor shall notify within [10(ten)] days of becoming aware of or the date it
ought to have become aware of the occurrence of an event of Force Majeure
giving full particulars of the event of Force Majeure and the reasons for the event
of Force Majeure preventing the Affected Party from, or delaying the Affected
Party in performing its obligations under the Contract.

Right of either party to terminate

If an event of Force Majeure occurs and its effect continues for a period of 180
(one hundred eighty days) or more in a continuous period of 365 (three hundred
sixty-five) days after notice has been given under this clause, either Party may
terminate the Contract by issuing a written notice of 30 (thirty) days to the other
Party.

Payment in case of termination due to Force Majeure

The Contract Price attributable to the Works performed as at the date of the
commencement of the relevant event of Force Majeure.

The Contractor has no entitlement and Owner has no liability for:

a) any costs, losses, expenses, damages or the payment of any part of the
Contract Price during an event of Force Majeure; and
b) any delay costs in any way incurred by the Contractor due to an event of Force
Majeure.
Time extension for such cases will be worked out appropriately.

14. ARBITRATION

14.1 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.

14.2 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

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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.

14.3 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.

14.4 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.

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

14.6 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.

14.7 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.

14.8 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 R 40,000/- per case for transportation
contracts and R 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 R 10,000/- additionally as bonus. Reasonable actual
expenses for stenographer, etc. will be reimbursed. Fees shall be paid stage wise 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

14.9 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.

14.10 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 ocation given in tender header (say Mumbai*) for all purposes. The Arbitration
shall be held at ocation mentioned for such purpose in Tender header (say Mumbai*)
and conducted in English language.

14.11 The Appointing Authority is the Functional Director of Hindustan Petroleum Corporation
Limited.

(Note:- * = While printing the GTCs, each Procurement Authorities at various

location, may mention the correct place before printing the GTC and not leave Clause
14.10 blank or as stated above. Bracketed portion is to be removed.

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®
14A CONCILIATION
The Parties to the contract may seek to resolve all their disputes and differences amicably
by Conciliation in accordance with the Conciliation Rules of HPCL (as in force and may
be amended from time to time), provided however that the disputes/ differences amount
to a claim in excess of Rs. One Crore. If however the disputes or differences are not
resolved by conciliation, the Parties shall be free to approach a Court of competent
jurisdiction. (The HPCL Conciliation Rules are attached).

15. GENERAL
15.1. Materials required for the works whether brought by the or supplied by the Owner
shall be stored by the contractor only at places approved by Engineer-in-
Charge/Site-in-Charge. Storage and safe custody of the material shall be the
responsibility of the Contractor.
15.2. Owner and/or Engineer-in-Charge/Site-in-Charge connected with the contract,
shall be entitled at any time to inspect and examine any materials intended to be
used in or on the works, either on the site or at factory or workshop or at other
place(s) manufactured or at any places where these are laying or from which these
are being obtained and the contractor shall give facilities as may be required for such
inspection and examination.
15.3. In case of any class of work for which there is no such specification supplied by the
owner as is mentioned in the tender documents, such work shall be carried out in
accordance with Indian Standard Specifications and if the Indian Standard
Specifications do not cover the same the work should be carried out as per standard
Engineering practice subject to the approval of the Engineer-in-Charge/Site-in-
Charge.
15.4. Should the work be suspended by reason of rain, strike, lockouts or other cause the
contractor shall take all precautions necessary for the protection of the work
and at his own expense shall make good any damages arising from any of these
causes.
15.5 The contractor shall cover up and protect from injury from any cause all new work
also for supplying all temporary doors, protection to windows and any other
requisite protection for the whole of the works executed whether by himself or
special tradesmen or sub- contractors and any damage caused must be made
good by the contractors at his own expense.
15.6 If the contractor has quoted the items under the deemed exports, then it will be the
responsibility of the contractor to get all the benefits under deemed exports from the
Government. The Owner’s responsibility shall only be limited to the issuance of
required certificates. The quotation will be unconditional and phrases like “subject to
availability of deemed exports benefit” etc. will not find place in it.
16. Integrity Pact : Effective 1st September, 2007, all tenders and contracts shall comply with
the requirements of the Integrity Pact (IP) if the value of such tenders or contracts is r 1
crore & above. Failure to sign the Integrity Pact shall lead to outright rejection of bid.
17. Grievances of parties pa rticipating or intend to particip ate in the tender shall
be ad dres se d in w ritin g to the officer designate of the G rievance
Redressal Cell where the tenders have to be sub m itted within the stipulated
period. Detailed mechanism of Grievance Redressal is available on the
HPCL website
18. The guidelines for Holiday Listing as adopted and available on HPCL website
shall be applicable to all tenders floated and all Purchase Orders/Contracts
placed by HPCL.

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 SECTION IV - ANNEXURES ANNEXURE 12: BANK GUARANTEE IN
LIEU OF EARNEST MONEY

ANNEXURE - 12
(SPECIMEN)

12. BANK GUARANTEE IN LIEU OF EARNEST MONEY

(On Non-Judicial stamp paper of appropriate value)

TO : Hindustan Petroleum Corporation Limited

(Address as applicable)

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED

a Government of India Company registered under the Companies Act, 1956, having its
registered office at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called "The
Corporation" which expression shall include its successor in business and assigns)
issued a tender on Messrs. ................................................ a partnership firm/sole
proprietor business/a company registered under the Companies Act, 1956 having its
office at (hereinafter called "the Tenderer" which expression shall include its executors,
administrators and assigns) against Tender no............ dated .................... (hereinafter
called "the tender" which expression shall include any amendments/ alterations to "the
tender" issued by "the Corporation") for the supply of goods to/execution of services for "the
Corporation" and "the Corporation" having agreed not to insist upon immediate payment of
Earnest Money for the fulfilment of the said tender in terms thereof on production of an
acceptable Bank Guarantee for an amount of ....... (Rupees ................................. only).

We, ................................... Bank having office at ..................................................... Bombay

(hereinafter referred to as "the Bank" which expression shall include its successors and
assigns) at the request and on behalf of "the Tenderer" hereby agree to pay to the Corporation
without any demur on first demand an amount not exceeding ........... (Rupees
...................................... only) against any loss or damage, costs, charges and expenses caused
to or suffered by "the Corporation" by reason of non performance and fulfilment or for any
breach on the part of "the Tenderer" of any of the terms and conditions of the said "tender".

2. We, ........................................ Bank further agree that "the Corporation" shall be sole
Judge whether the said "Tenderer" has failed to perform or fulfill the said "tender" in
terms thereof or committed breach of any of the terms and conditions of "the order" and the
extent of loss, damage, cost, charges and expenses suffered or incurred or would be
suffered or incurred by "the Corporation" on account thereof and we waive in favour of "the
Corporation" all the rights and defences to which we as guarantors and/or "the Tenderer"
may be entitled to.

® 3. We, ................................. Bank further agree that the amount demanded by "the
Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability to
pay and the amount demanded and "the Bank" to undertake to pay "the Corporation" the
amount so demanded on first demand and without any demur notwithstanding any dispute
raised by "the Tenderer" or any suit or other legal proceedings including arbitration
or conciliation pending before any court, tribunal or arbitrator or conciliator(s) relating
thereto, our liability under this guarantee being absolute and unconditional.

® REVISION: PROC-043/16.03.2020
1 |Page
Procurement Manual HPCL, Mumbai
SECTION IV - ANNEXURES ANNEXURE 12: BANK GUARANTEE IN
LIEU OF EARNEST MONEY

4. We, ....................................... Bank further agree with "the Corporation" that "the
Corporation" shall have the fullest liberty without our consent and without affecting in
any manner our obligations hereunder to vary any of the terms and conditions of the said
"tender"/or to extend time of performance by "the Tenderer" from time to time or to
postpone for any time to time any of the powers exercisable by "the Corporation" against
"the Tenderer" and to forbear to enforce any of the terms and conditions relating to
"the tender" and we shall not be relieved from our liability by reason of any such variation
or extension being granted to "the Tenderer" or for any forbearance, act or omission on
the part of "the Corporation" or any indulgence by "the Corporation" to "the tenderer" or
by any such matter or things whatsoever which under the law relating to sureties would but
for this provision have the effect of relieving us.

5. NOTWITHSTANDING anything hereinbefore contained, our liability under this

Guarantee is restricted to r ......... (Rupees....................................... only). Our liability
under this guarantee shall remain in force until expiration of six months from the due date of
opening of the said "tender". Unless a demand or claim under this guarantee is made on us
in writing within said period, that is, on or before .................................... all rights of "the
Corporation" under the said guarantee shall be forfeited and we shall be relieved and
discharged from all liabilities thereunder.

6. We, ........................................ Bank further undertake not to revoke this guarantee during
its currency except with the previous consent of "the Corporation" in Writing.

7. We, ......................................... Bank lastly agree that "the Bank's liability under this
guarantee shall not be affected by any change in the constitution of "the Tenderer".

8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of
the documents and/or the Agreement/Contract or MOU entered into between "the
Tenderer" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this ..........................
day of ........................

For ........................ Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of "the Bank")

2|Page
Procurement Manual HPCL, Mumbai
SECTION IV - ANNEXURES ANNEXURE 13: BANK GUARANTEE FOR
SECURITY DEPOSIT

ANNEXURE - 13
(SPECIMEN)

13. BANK GUARANTEE FOR SECURITY DEPOSIT

BANK GUARANTEE FOR SECURITY DEPOSIT

(On Non-Judicial stamp paper of appropriate value)

TO : Hindustan Petroleum Corporation Limited

(Address as applicable)

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED,

a Government of India Company registered under theCompanies Act, 1956, having its
registered office at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called "The
Corporation" (which expression shall include its successor in business and assigns)
having placed an order on Messers ............................ a partnership firm/sole
proprietor business/a company registered under the Companies Act, 1956 having its office at
.............. (hereinafter called "the supplier") (which expression shall include executors,
administrators and assigns) vide order No....................... dated.............. (hereinafter called
"the order" which expression shall include any amendments/alterations to "the order"
issued by "the Corporation") for the supply of goods to/execution of services for "the
Corporation" and "the Corporation" having agreed :

a) not to insist upon immediate payment of Security Deposit for the fulfilment and performance
of the said order

b) that "the supplier" shall furnish a security for the performance of "the supplier's"
obligations and/or discharge of "the supplier's" liability in connection with the said "order";
and "the Corporation" having agreed with "the supplier" to accept Bank Guarantee for
the security deposit.
We, .................................................... Bank having office at ............................................
(hereinafter referred to as "the Bank" which expression shall includes its successors and
assigns) at the request and on behalf of "the supplier" hereby agree to pay to "the
Corporation"without any demur on first demand an amount not exceeding r...........
(Rupees.............................only) against any loss ordamage, costs, charges and expenses
caused to or suffered by "the Corporation" by reason of non performance and fulfilment or for
any breach on the part of "the supplier" of any of the terms and conditions of the said "order".

2. We, ............................. Bank further agree that the Corporation" shall be sole judge
whether the said "Supplier" has failed to perform or fulfill the said "order" in terms
thereof or committed breach of any terms and conditions of "the order" and the extent of
loss, damage, cost, charges and expenses suffered or incurred or would be suffered or
incurred by "the Corporation" on account thereof and we waive in the favour of "the
Corporation" all the rights and defenses to which we as guarantors and/or "the Supplier"
may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by "the
Corporation" as such shall be final and binding on "the Bank" as to "the Bank' liability
to pay and the amount demanded and "the Bank" undertake to pay "the Corporation" the
amount so demanded on first demand and without any demur notwithstanding any

1|Page
Procurement Manual HPCL, Mumbai
 SECTION IV - ANNEXURES ANNEXURE 13: BANK GUARANTEE FOR
SECURITY DEPOSIT

® dispute raised by "the Supplier" or any suit or other legal proceedings including arbitration
or conciliation pending before any court, tribunal or arbitrator or conciliator(s) relating
thereto, our liability under this guarantee being absolute and unconditional.

4. We, .................................. Bank further agree with "the Corporation" that "the Corporation"
shall have the fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said "order"/or to
extend time of performance by "the Supplier" from time to time or to postpone for any
time to time any of the powers exercisable by "the Corporation" against "the Supplier" and to
forbear to enforce any of the terms and conditions relating to "the order" and we shall not
be relieved from our liability by reason of any such variation or extension being granted to
"the Supplier" or for any forbearance, act or omission on the part of "the Corporation" or
any indulgence by "the Corporation" to "the Supplier" or by any such matter or
things whatsoever which under the law relating to sureties would but for this provision have
the effect of relieving us.

5. However, it has been agreed between "the Supplier" and "the Corporation" Bank
Guarantee for security deposit is Valid upto a period of 3 (Three) months beyond the
expiry of the defects liability period as per the terms of the Order No.
dated .
6. Not withstanding anything contained herein above :

i. Our liability under this guarantee shall not exceed ..........

ii. This Bank Guarantee shall be valid upto and including .......; and
iii. We are liable to pay the guarantee amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or # before
the expiry of 30 days from the date of expiry of this guarantee.
7. We, ........................................ Bank further undertake not to revoke this guarantee during
its currency except with the previous consent of "the Corporation" in writing.

8. We, ......................................... Bank lastly agree that "the Bank"'s liability under this
guarantee shall not be affected by any change in the constitution of "the Supplier".

9. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of
the documents and/or the Agreement/Contract or MOU entered into between "the
Supplier" and "the Bank" in this regard.

IN W ITNESS WHEREOF the Bank has executed this document on this

............................. day of ...........................

For ........................ Bank (by its

constituted attorney) (Signature of

a person authorised to sign on

behalf of "the Bank")*

® REVISION: PROC-043/16.03.2020

2 |Page
Procurement Manual HPCL, Mumbai
SECTION IV - ANNEXURES ANNEXURE 11: COMPOSITE BANK
GUARANTEE FOR MOBILISATION

ANNEXURE - 11
(SPECIMEN)

11. COMPOSITE BANK GUARANTEE FOR MOBILISATION ADVANCE,

SECURITY DEPOSIT/RETENTION MONEY/PERFORMANCE GUARANTEE

(On Non-Judicial stamp paper of appropriate value)

TO : Hindustan Petroleum Corporation Limited

(Address as applicable)

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION

LIMITED, a Government of India Company registered under the Companies Act, 1956,
having its registered office at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called
"The Corporation" (which expression shall include its successor in business and assigns)
having placed an order on Messers ............................ a partnership firm/sole
proprietor business/a company registered under the Companies Act, 1956 having its office at
.............. (hereinafter called "the supplier" (which expression shall include executors,
administrators and assigns) vide order No....................... dated.............. (hereinafter called
"the order" which expression shall include any amendments/alterations to "the order"
issued by "the Corporation") for the supply of goodsto/execution of services for "the
Corporation" and "the Corporation" having agreed :
a. not to insist upon immediate payment of Security deposit for the fulfilment and performance
of the said order
b. to pay "the supplier" as and by way of advance upto a sum of Rupees (Rupees
only) being % of the value of "the order";
c. that "the supplier" shall furnish a security for the performance of "the supplier's"
obligations and/or discharge of "the supplier's" liability in connection with the said "order";
and "the Corporation" having agreed with "the supplier" to accept a composite Bank
Guarantee for the mobilisation advance, security deposit, retention money and
performance guarantee

We, .................................................... Bank having office at ............................................

(hereinafter referred to as "the Bank" which expression shall includes its successors and
assigns) at the request and on behalf of "the supplier" hereby agree to pay to "the Corporation"
without any demur on first demand an amount not exceeding r ...........
(Rupees.............................only) against any loss or damage, costs, charges and expenses
caused to or suffered by "the Corporation" by reason of non performance and fulfilment or for
any breach on the part of "the supplier" of any of the terms and conditions of the said "order".

2. We, ............................. Bank further agree that "the Corporation" shall be sole judge
whether the said "Supplier" has failed to perform or fulfill the said "order"in terms thereof
or committed breach of any terms and conditions of "the order" and the extent of loss,
damage, cost, charges and expenses suffered or incurred or would be suffered or incurred
by "the Corporation" on account thereof and we waive in the favour of "the Corporation" all
the rights and defences to which we as guarantors and/or "the Supplier" may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by "the
Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability
to pay and the amount demanded and "the Bank" undertake to pay "the Corporation" the

1|Page
Procurement Manual HPCL, Mumbai
 SECTION IV - ANNEXURES ANNEXURE 11: COMPOSITE BANK
GUARANTEE FOR MOBILISATION

® 3. We, ................................. Bank further agree that the amount demanded by "the
Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability
to pay and the amount demanded and "the Bank" undertake to pay "the Corporation" the
amount so demanded first demand and without any demur notwithstanding dispute
raised by "the Supplier" or any suit or other legal proceedings including arbitration or
conciliation pending before any court, tribunal or arbitrator or conciliator(s) relating
thereto, our liability under this guarantee being absolute and unconditional.

4. We, .................................. Bank further agree with "the Corporation" that "the Corporation"
shall have the fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said "order"/or to
extend time of performance by "the Supplier" from time to time or to postpone for any
time to time any of the powers exercisable by "the Corporation" against "the Supplier" and to
forbear to enforce any of the terms and conditions relating to "the order" and we shall not
be relieved from our liability by reason of any such variation or extension being granted to
"the Supplier" or for any forbearance, act or omission on the part of "the Corporation" or
any indulgence by "the Corporation" to "the Supplier" or by any such matter or things
whatsoever which under the law relating to sureties would but for this provision have the
effect of relieving us.

5. However, it has been agreed between "the Supplier" and "the Corporation" that there shall
be only one Composite Bank Guarantee for both the advance and security deposit
performance guarantee/Retention Money @ of % valid till the end of the defects
liability period as per the terms of the P.O. No. dated
and that in proportion with the recovery of advance @ % per bill the same
amount/value automatically stands credited to the defects liability account/security deposit
or retention money as the case may be and will continue to be credited/treated till the
entire advance of is fully recovered from the running bills
and from the date of full recovery of the advance of this guarantee
automatically, shall stand valid towards the % retention money/defects liability, fully
valid in all respects unto a further period of 3 (three) months, as per the Purchase
Order of "the Corporation".

6. Not withstanding anything contained herein above :

i. Our liability under this guarantee shall not exceed ..........

ii. This Bank Guarantee shall be valid upto and including .......; and
iii. We are liable to pay the guarantee amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or before the
expiry of 30 days from the date of expiry of this guarantee.

7. We, ........................................ Bank furtherundertake not to revoke this guarantee during

its currency except with the previous consent of "the Corporation" in writing.

8. We, ......................................... Bank lastly agree that "the Bank"'s liability under this
guarantee shall not be affected by any change in the constitution of "the Supplier".

® REVISION: PROC-043/16.03.2020

2 |Page
Procurement Manual HPCL, Mumbai
SECTION IV - ANNEXURES ANNEXURE 11: COMPOSITE BANK
GUARANTEE FOR MOBILISATION

IN WITNESS WHEREOF the Bank has executed this document on this .............................
day of ...........................

For ........................ Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of "the Bank")*

3|Page
Procurement Manual HPCL, Mumbai
Tender No. : 20000329-HD-10157 Tender Published On : 31-Aug-2020 10:56

Integrity Pact
Sl.No. Description Attached File Set Value Supporting
Doc. Req'd
1 Integrity Pact integritypact.pdf - No
Tender No. : 20000329-HD-10157 Tender Published On : 31-Aug-2020 10:56

AGREED TERMS CONDITIONS AND DOCUMENTS TO UPLOAD

Sl.No. Description Attached File Set Value Supporting
Doc. Req'd
1 Please confirm that the person who had digitally signed and uploaded the Bid - No
Documents in response to this tender inquiry is an authorised representative of
your firm and duly authorised by your management to sign and upload documents
on behalf of the firm.
2 BID QUALIFICATION FINANCIAL CRITERIA: Biddeer should meet BQC Financial - Mandatory
crietria of average annual turn over as per Tender Document. Please mention your
firms Average Annaul Financial Turnover for last three Financial Years as
mentioned in tender document here.
3 BID QUALIFICATION-TECHNICAL CRITERIA: Biddeer should meet BQC - Mandatory
Technical criteria of carrying out similar work as per tender document. Vendor to
specify here reference purchase order details viz. P.O No, P.O value P.O company
details etc by which they meet PQC-Technical
4 Technical : A. Confirm acceptance of technical specifications and scope of supply - No
as per tender enquiry.
B. In case of deviation, confirm that the same has been highlighted separately.
5 Firm Prices: - No
Confirm quoted prices will remain FIRM and Fixed till complete execution of the
order.
6 Delivery Period - No
Confirm acceptance of delivery period as indicated in the tender documents
7 Delayed Delivery or Price Reduction: - No
Confirm your acceptance for delayed delivery clause as per the attached Terms
and Conditions.
8 PAYMENT TERMS: - No
Confirm acceptance of tender payment terms
9 Validity: - No
Confirm that your offer is valid for 120 Days from due date or extended due date of
the tender.
10 Indicate whether you are a Govt. Of India undertaking. - No
11 Please mention whether the firm is registered with NSIC or District Industries - Allowed
center as MSE (Micro and Small Industries). Copy of registration to be uploaded.
NSIC Registration Certificate shall be valid as on tender due date / extended due
date. Please mention NSIC/MSE registration number and validity.
12 In case registered with NSIC / MSE, please confirm whether the quoted item is - Allowed
included in the registration certificate. Please also provide the value limit given in
NSIC certificate.
13 If you are a proprietary concern with valid NSIC/MSE certificate , kindly mention if - Allowed
proprietor is SC/ST. if yes, upload proof of the same.
14 In case registered with MSE, please confirm whether the MSE is owned by women - Allowed
enterpreneur.
15 In case of delay in Delivery due to reasons attributable to Bidder, please confirm - No
that any new or additional taxes and duties imposed after contractual delivery
dates shall be to Bidder's account.
16 Confirm acceptance of ARBITRATION clause. - No
17 Confirm acceptance of Scope of Job as per Tender document - No
18 Pls. upload Organisation Data as per format given in Tender - Mandatory
19 Pls. upload GST Declaration as per format given in Tender - Mandatory
20 Upload duly signed and stamped INTEGRITY PACT as per the format given in - Mandatory
tender. Document shall be duly signed by authorised person on all the pages with
two witness on the last page of Integrity Pact.
21 For Payment purpose Confirm acceptance of e-payments. Fill & upload e-Mandate - Mandatory
form accordingly.
22 Please upload copy of your PAN card . - Mandatory
23 Pls. mention GSTIN Number applicable for this tender and upload your GSTIN - Mandatory
Registration Details
24 Upload duly filled , signed, stamped declaration on non-Blacklisting by any - Mandatory
govt/Semi govt/PSU in the format provided in Tender
25 Upload duly filled , signed, stamped declaration regarding Relatives in HPCL in the - Mandatory
format provided in Tender
26 Any bidder from a country which shares a land border with India will be eligible to - Allowed
bid in this tender only if the bidder is registered with Competent Authority
Constituted by the Department for Promotion of Industry and Internal Trade
(DPIIT). Pls. confirm acceptance. Write NA, if not applicable.
27 For Purchase Preference Linked with local content, pls. upload declaration as per - Mandatory
Attachment 1.
28 Upload duly filled Technical specifications sheet with your comments/confirmation - Mandatory
29 Confirm willingness to participate in Reverse Auction for this tender. Bid submitted - No
with Non acceptance for participation in Reverse Auction are liable for rejection.
30 Name of Contact Person - No
31 Contact No. - No
32 Any other documents - Allowed