LAYING OF 3LPE COATED LINE PIPES FOR CITY GAS …tender.tractebelindia.com/HPCL/19000174HD10157/Commercial Vol I of II.pdf · Page No. 1 to 218 PTS PAINTING SYSTEM & COLOUR CODE FOR

LAYING OF 3LPE COATED LINEPIPES FOR CITY GASDISTRIBUTION PROJECT Project No. P.013702Document No.P.013702 D 11031 036HPCL E - Tender No. 19000174-HD-10157

Hindustan Petroleum Corp LtdMumbai | INDIA

PUBLIC

06 June 2019

TECHNICAL DOCUMENTATIONCommercial, Vol I of II, Rev. 0

S.No. Document / Drawing No. Rev. No. Pages Page No.

I COMMERCIAL

1

2

3

4

5

6

II TECHNICAL

1 P.013702 D 11077 013 0 62 1

2 P.013702 D 11077 014 0 13 63

3 P.013702 D 11077 015 0 11 76

4 P.013702 D 11077 016 0 5 87

5 P.013702 D 11077 017 0 19 92

6 P.013702 D 11077 018 0 15 111

7 P.013702 D 11077 019 0 9 126

8 P.013702 D 11077 020 0 6 135

9 P.013702 D 11077 021 0 4 141

10 P.013702 D 11077 022 0 23 145

11 P.013702 D 11077 023 0 9 168

12 P.013702 D 11077 024 0 23 177

13 P.013702 D 11077 025 0 7 200

14 P.013702 D 11077 026 0 15 207

15 P.013702 D 11077 027 0 18 222

16 P.013702 D 11077 028 0 3 240

17 P.013702 D 11077 029 0 4 243

18 P.013702 D 11087 001 0 1 247

19 P.013702 D 11087 004 0 2 248

20 P.013702 D 11087 005 0 2 250

PTS LAYING OF PLB - HDPE DUCT

PTS

PTS

PTS FITTING & FLANGES

PTS INSULATING JOINTS

HDPE DUCT

OPTICAL FIBER CABLE

PTS MDPE FITTINGS & VALVES

PTS PIPELINE VALVE

PTS ELECTROFUSION FOR PE PIPES & FITTINGS

PTS LAYING OF OPTICAL FIBER CABLE

PTS QUALITY ASSURANCE / QUALITY CONTROL

PTS THIRD PARTY INSPECTION AGENCY

PTS HEALTH, SAFETY & ENVIRONMENT

VOLUME IIA OF II

PTS CONSTRUCTION OF NATURAL GAS CS PIPELINE

PTS HDD

MAIN TABLE OF CONTENTSLAYING OF 3 LPE COATED CARBON STEEL PIPELINES IN

DISTRICT OF JIND & SONIPAT

PTS TEMPORARY CATHODIC PROTECTION SYSTEM

P.013702 D 11031 036 0 218

SECTION - VI SCHEDULE OF RATES (SOR)

P.013702D 11031

036

Description

VOLUME IA OF II

SECTION - I INVITATION FOR BID (IFB)

SECTION - II INSTRUCTION TO BIDDERS (ITB)

SECTION - III GENERAL TERMS & CONDITIONS (GTC)

SECTION - IV SPECIAL TERMS & CONDITIONS (STC)

SECTION - V FORMS AND FORMATS

Page No. 1 to 218

PTS PAINTING SYSTEM & COLOUR CODE FOR FINAL LAYER

PTS PIPING CLASS

DATA SHEET PRESSURE GAUGE

DATA SHEET BALL VALVE (VBA-3C1)

DATA SHEET GLOBE VALVE (VGA-3C1)

Laying of 3 LPE Coated Carbon Steel Pipeline Page 1 of 4




P.013702D 11031

036

Description

21 P.013702 D 11087 006 0 1 252

22 P.013702 D 11013 008 0 3 253

23 P.013702 D 11013 009 0 3 256

24 P.013702 D 11013 010 0 5 259

25 P.013702 D 11013 011 0 4 264

26 P.013702 D 11013 012 0 7 268

27 P.013702 D 11013 013 0 6 275

28 P.013702 D 11013 014 0 3 281

29 P.013702 D 11013 015 0 2 284

30 P.013702 D 11013 016 0 2 286

31 P.013702 D 11076 001 0 6 288

32 P.013702 D 11076 002 0 6 294

33 P.013702 D 11040 002 0 2 300

34

34.1 P.013702-D-20749-001 0 1 302

34.2 P.013702-D-20749-002 0 1 303

34.3 P.013702-D-20749-003 0 1 304

34.4 GGNG-D-20707-002 0 1 305

34.5 GGNG-D-20707-003 0 1 306

34.6 GGNG-D-20707-004A 1 1 307

34.7 GGNG-D-20707-004B 1 1 308

34.8 GGNG-D-20707-012A 1 1 309

34.9 GGNG-D-20707-012B 1 1 310

34.10 GGNG-D-20707-013 0 1 311

34.11 GGNG-D-20707-008 0 1 312

34.12 GGNG-D-20707-009 0 1 313

34.13 GGNG-D-20707-010 0 1 314

34.14 GGNG-D-20707-007 0 1 315

34.15 GGNG-D-20707-014 0 1 316

34.16 GGNG-D-20707-026 0 1 317

34.17 GGNG-D-20707-053 0 1 318

34.18P.013702-C-21028-001

0 1 319

TYPICAL RAIN CAP FOR VENT PIPES

RCC VALVE CHAMBER (2.0M X 1.5M) TYPE - A

POLE MARKER WITH FOUNDATION

TYPICAL MECHANICAL PROTECTION CONCRETE SLAB DETAILS

TYPICAL EXISTING PIPE LINE CROSSING

TYPICAL SKETCH FOR TRENCH CROSS SECTION WITH STEEL AND MDPE PIPELINE

QCT MDPE FITTINGS

QCT MDPE VALVES

TYPICAL ROAD CASED CROSSING ( B + C) - TYPE II

TYPICAL RAILWAY CASED CROSSING ( B + C) - TYPE I

TYPICAL RAILWAY CASED CROSSING ( B + C) - TYPE II

TYPICAL HDD RIVER CROSSING SHOWING MAX. SCOUR LEVEL & MIN. COVER FOR PIPE

TYPICAL UNDERGROUND CABLE CROSSING DETAILS

TYPICAL OVERHEAD POWER LINE CROSSING DETAILS

QCT GLOBE VALVE

QCT UNARMOURED OFC

QCT HDPE DUCT

TYPICAL TRENCH DETAILS

TYPICAL ROAD CROSSING (OPEN CUT / JACKING METHOD)

TYPICAL ROAD CASED CROSSING ( B + C) - TYPE I

PIPING SPECIFICATION - 3C1

PIPING SPECIFICATION - 3C1U

LIST OF RECOMMENDED VENDORS

STANDARD / PROJECT DRAWING

GENERAL ARRANGEMENT DRAWING FOR FUTURE TAP - OFF POINTS

PIPING GENERAL ARRANGEMENT DRAWING FOR CONNECTIVITY TO RO / CNG STATIONS

QCT

TYPICAL CONCRETE COATING

INSULATING JOINTS

QCT FITTINGS

QCT FLANGES

QCT BALL VALVE

DATA SHEET INSULATING JOINTS (IJ-3C1)





P.013702D 11031

036

Description

34.19P.013702-C-21028-002

0 1 320

34.20P.013702-C-21028-003

(Sheet 1 of 2)0 1 321

34.21P.013702-C-21028-003

(Sheet 2 of 2)0 1 322

34.22 P.013702-C-20728-001 0 1 323

34.23 P.013702-C-21028-004 0 1 324

34.24 P.013702-C-21028-005 0 1 325

34.25 P.013702-C-21028-006 0 1 326

34.26 P.013702-C-21028-007 0 1 327

34.27 P.013702-C-21028-009 0 1 328

34.28 P.013702-C-21028-008 0 1 329

34.29 GGNG-E-20712-321 0 1 330

34.30 GGNG-E-20712-322 0 1 331

34.31 GGNG-E-20712-323 0 1 332

34.32 GGNG-E-20712-324 0 1 333

34.33 GGNG-E-20712-325 0 1 334

34.34 GGNG-E-20712-326 0 5 335

34.35 GGNG-E-20712-327 0 1 340

34.36 GGNG-E-20712-328 0 1 341

34.37 GGNG-E-20712-329 0 1 342

34.38 GGNG-E-20712-330 0 1 343

34.39 GGNG-E-20712-331 0 1 344

34.40 GGNG-E-20712-332 0 1 345

34.41 GGNG-E-20712-333 0 1 346

34.42 GGNG-E-20712-334 0 1 347

34.43 GGNG-E-20712-335 0 1 348

34.44 GGNG-E-20712-336 0 1 349

TECHNICAL

1 GTS PART-1 1 4 1

2 GTS PART-4 1 10 5

3 GTS PART-6 1 14 15

4 GTS PART-7 1 9 29

5 GTS PART-9 1 11 38

6 GTS PART-10 1 18 49

7 GTS PART-11 1 5 67

8 GTS PART-14 1 14 72

70000 740 GTS/0502

SITE OCCUPATION

DELIVERY & HANDLING OF THE MATERIAL

WELDING

INSPECTION & TESTING OF PRODUCTION WELDS

COATING

TYPICAL PIPE SUPPORT DETAIL

SKETCH FOR RCC ROUTE MARKER

RCC VALVE CHAMBER (1.5M X 1.5M) TYPE - A

BRICK VALVE CHAMBER (2.0M X 1.5M) TYPE - A

BRICK VALVE CHAMBER (1.5M X 1.5M) TYPE - B

TYPICAL DETAIL OF FENCING

TYPICAL DETAILS OF GATE

TYPICAL DETAILS OF RCC VALVE CHAMBER

EARTHWORKS

LOWERING - IN AND BALLASTING

TESTING , CLEANING AND DRYING

GTS FOR CONSTRUCTION OF GAS PIPELINES & ACCESSORIES

TEMPORARY CATHODIC PROTECTION SCHEMATIC

TYPICAL CATODIC PROTECTION SCHEME FOR CASED CROSSINGS

INSTALLATION DETAILS OF VERTICAL SHALLOW ANODE BED

CABLE TO PIPE CONNECTION BY PIN BRAZING

SPARK GAP ARRESTOR INSTALLATION

TYPICAL INSTALLATION DETAILS OF SHALLOW HORIZONTAL ANODE BED

THERMIT WELDINF DETAILS

CONSTRUCTION DETAILS OF ZINC GROUNDING CELL (20KG)

TYPICAL INSTALLATION AND CONNECTION DETAILS OF EXTERNAL ER PROBE WITH TEST STATION

IMPRESSED CURRENT CATHODIC PROTECTION SCHEMATIC

FABRICATION & INSTALLATION DETAILS OF CuCuSO4 REFERENCE ELECTRODES

FABRICATION & INSTALLATION DETAILS OF CABLE LAYING (TYPICAL) FOR CATHODIC PROTECTION

FABRICATION & INSTALLATION DETAILS OF DEEP ANODE GROUND BED

TEST LEAD POINTS & JUNCTION BOX WITH FOUNDATION DETAILS

TEST STATION CONNECTION SCHEME (TYPICAL) DETAILS

FABRICATION & INSTALLATION DETAILS OF CABLE ROUTE MARKER

BARRICADING

VOL IIB OF II

CAUTION BOARD





P.013702D 11031

036

Description

9 GTS PART-15 1 10 86

10 GTS PART-16 1 27 96

11 GTS PART-18 1 58 123

12 GTS GTS 740 501 4 17 181

13 GTS 70000 740 GTS/0402 7 34 198

14 GTS 70000/740/GTS/0011 C 25 232

15 GTS 70000/740/GTS/0012 C 11 257

16 GTS 70000/740/GTS/0015 A 19 268PE VALVES FOR NATURAL GAS DISTRIBUTION UNDERGROUND NETWORK

PIPELINE VALVE

HORIZONTAL DIRECTIONAL DRILLING

SITE REINSTATEMENT AND MARKING OUT

PARTICULAR CONSTRUTION TECHNIQUES

PAINTWORK

PE ACCESSORIES FOR UNDERGROUND NETWORK FOR NATURAL GAS DISTRIBUTION

PE COMPOUNDS FOR MANUFACTURE OF PIPES AND FITTINGS FOR UNDERGROUND NETWORKS FOR NATURAL GAS DISTRIBUTION - ACCEPTANCE PROCEDURE


TENDER DOCUMENTP.013702D 11031

036

HINDUSTAN PETROLEUM CORPORATION LIMITED (HPCL)

CITY GAS DISTRIBUTION PROJECT IN SONIPAT AND JIND GA

TENDER DOCUMENT FOR

LAYING OF 3LPE COATED LINE PIPES FOR CITY GASDISTRIBUTION PROJECT

(VOLUME I OF II)

PUBLIC DOMESTIC COMPETITIVE BIDDING

TENDER NO.: P.013702 D 11031 036

HPCL E-Tender No.: 19000174-HD-10157

0 31.05.2019 Issued for Approval Sidharth Kataria Sunil Gupta Chandan Kr. Singh

Rev Date Description Prepared By Checked By Approved By

Page 1 of 218

TENDER DOCUMENTP.013702D 11031

036

TABLE OF CONTENTS

1. SECTION-I : INVITATION FOR BIDS (IFB)

2. SECTION-II : INSTRUCTIONS TO BIDDERS (ITB)

3. SECTION-III : GENERAL TERMS AND CONDITIONS (GTC)

4. SECTION-IV : SPECIAL TERMS AND CONDITIONS (STC)

5. SECTION-V : FORMS AND FORMATS

6. SECTION-VI : SCHEDULE OF RATES

Page 2 of 218

INVITATION FOR BIDS(IFB)

P.013702D 11033

036

Rev. 0 Laying of Coated Line Pipes for CGD Project

HINDUSTAN PETROLEUM CORPORATION LIMITED(HPCL)

CITY GAS DISTRIBUTION PROJECT INSONIPAT & JIND GAs


SECTION-I

INVITATION FOR BIDS (IFB)

Page 3 of 218


P.013702D 11033

036


TABLE OF CONTENTS

1.0 INTRODUCTION 3

2.0 BRIEF DESCRIPTION OF PROJECT 3

3.0 BRIEF SCOPE OF WORK 3

4.0 DELIVERY SCHEDULE 4

5.0 SUBMISSION OF BID & BID VALIDITY 4

6.0 BIDDING PROCEDURE 5

7.0 DETAILS OF BID DOCUMENTS 5

8.0 BID EVALUATION CRITERIA (BEC) 6

9.0 BID SECURITY/ EMD 11

10.0 SUBMISSION OF ORIGINAL DOCUMENTS 12

11.0 PRE-BID MEETING 13

12.0 ZERO DEVIATION BIDS 14

13.0 GENERAL 14

14.0 EVALUATION METHODOLOGY 15

15.0 AWARD METHODOLOGY 16

INVITATION FOR BIDS FOR

Page 4 of 218


P.013702D 11033

036


LAYING OF 3 LPE COATED CARBON STEEL PIPELINE IN SONIPAT GA

PUBLIC DOMESTIC COMPETITIVE BIDDING

1.0 INTRODUCTION

1.1 Hindustan Petroleum Corporation Limited (HPCL), a Government of India Undertaking (hereinaftercalled as the Owner), has been authorized by PNGRB for setting up infrastructure and operation of CityGas Distribution Network for the GA of Sonipat (except areas already authorized) & Jind districts ofHaryana. Natural Gas will be transported to residential, commercial, industrial (PNG) and automobileconsumers (CNG) in the city.

1.2 Tractebel Engineering Pvt. Ltd. (TE), a subsidiary of Tractebel Engineering S.A has been appointed asProject Management Consultant (hereinafter referred as PMC), by HPCL for providing Design,Engineering and PMC services for this Project.

1.3 TRACTEBEL ENGINEERING PVT. LTD. (TE) invites tenders for “Laying of 3 LPE Coated LinePipes of 8 Inch and 4 Inch sizes in Sonipat and Jind GA, Haryana”

2.0 BRIEF DESCRIPTION OF PROJECT

2.1 The present project involves laying of Steel Network in Sonipat and Jind GA to ensure uninterruptedsupply of natural gas to Domestic, Commercial and Industrial consumers.

2.2 TE, on behalf of HPCL, invites bids through single stage two bid system from eligible bidders for Layingof 3 LPE Coated Carbon Steel Pipeline in Sonipat and Jind GA as defined in bid document.

3.0 BRIEF SCOPE OF WORK

3.1 The Scope of work includes Laying / Installation, Testing & Commissioning of 8” & 4” NB size, 3 LPEcoated CS pipes as per API 5L X 52 underground pipeline with associated facilities, including but notlimited to Construction Management, HSE & Quality Management, all related Civil, Mechanical andInstrumentation work and Final documentation as specified in the Tender document. HPCL will Supply3 LPE Coated Steel Line Pipe of 8” & 4” diameter as Free Issue Material (FIM) along with other itemsas specified in the tender document from the designated stores of Owner. The Transportation of FIMfrom Owner stores to work site is included in the scope of the Contractor.

3.2 Pipe laying work also includes grading, stringing, welding, trenching, joint coating, lowering, crossings,tie-ins, NDT, backfilling, site restoration, hydro testing, dewatering, drying and pre-commissioningactivities of pipeline. Commissioning and Gas-in activities are included in the scope.

3.3 Estimated length of pipeline to be executed is given below:

NB 8” x 6.4 mm thick ~ 28,000 Mtrs and NB 4”x 6.4 mm thick ~ 42,500 Mtrs

The quantities mentioned above are tentative and subject to change.

3.5 For complete scope of work, all volumes of tender document are to be read.

Page 5 of 218


P.013702D 11033

036


4.0 CONTRACT PERIOD

4.1 The period of Rate Contract shall be One (01) year from the date of FOI / First Notification of Award,which shall be extendable upto 06 months at sole discretion of HPCL. This completion period is Sitemobilization, intervening monsoon and other activities envisaged.

Owner will issue separate release order (s) for work as per requirement within contract period. Ownerenvisages that there can be more than one front/ section of welding/ lowering of pipes at a time,accordingly bidder shall be required to work for all front/ section simultaneously and each front / sectionshall be dealt exclusively separate so that project(s) schedule is adhered and awarded work is completedon or before the schedule date of completion.

The scope of work shall be completed as per instructions of the Owner. The Contractor shall mobilise manpower and equipment within 15 days from the date of notification / letter of award.

5.0 SUBMISSION OF BID & BID VALIDITY

5.1 Bids are required to be submitted only through HPCL e-procurement site at https://etender.hpcl.co.in/ onor before the Bid submission date and time. Bidders are required to enrol on HPCL e-procurement site athttps://etender.hpcl.co.in/.

5.2 Physical Bids / Offers or Bids through any other mode shall not be accepted. The Offers submittedthrough e-tendering system, as above shall only be considered for evaluation and ordering.

5.3 Tender submitted by the tenderer shall remain valid and open for acceptance for a period of 120 daysfrom the date of opening of Techno-commercial part of the tender.

6.0 BIDDING PROCEDURE

6.1 Bidding will be conducted through Public Domestic competitive bidding basis. Single stage two bidsystem is adopted for this tender. Bidder to follow e-tendering manual on HPCL e-tendering website.

7.0 DETAILS OF BID DOCUMENTS

7.1 Type of Tender Public Domestic Competitive Bidding Basis

7.2 Tender Document Number HPCL E-Tender No.: 19000174-HD-10157Tractebel Tender No.: P.013702 D11031 036

7.3 Earnest Money Deposit / BidSecurity As Per Clause No. 9 Below

7.4 Bid Document Fee NIL

7.5 Availability of Tender Documenton Website 06.06.2019 to 20.06.2019

7.6 Pre bid meeting date and venue

On 12.06.2019 at 1400 HRS. (IST) at

Tractebel Engineering Pvt. Ltd.68, Institutional Area,Sector 44, Gurgaon, Haryana-122002.

Page 6 of 218


P.013702D 11033

036


Tel. No. +91 124 4698500E-mail :[email protected] /[email protected]

The tenderer requiring any clarification (if any) on thebidding document may notify the owner on or before13.06.2019 1500 hrs by uploading queries onHPCL E-tendering portal only.

7.7 Bid Query Start Date & Time 06.06.2019 at 1800 HRS (IST)

7.8 Bid Query End Date & Time 13.06.2019 at 1500 HRS (IST)

7.9Bid Submission due date andtime on HPCL’s e-tenderingwebsite.

20.06.2019 till 1500 HRS. (IST)

7.10Online Opening of Techno-Commercial Unpriced Bid 20.06.2019 at 15:30 HRS. (IST) at HPCL’s Mumbai Office

7.11 Price bid opening date and time Shall be intimated later.

The complete Bidding Document is available on HPCL website: https://etender.hpcl.co.in/ and Tractebel’swebsite: www.tractebelindia.com. Bidders can view / download the tender document from the above website.

All amendments, time extension, clarifications etc. will be uploaded in the above websites only and will not bepublished in Newspapers. Bidders should regularly visit the above website to keep themselves updated.

8.0 BID QUALIFICATION CRITERIA (BQC)

8.1 Technical Criteria

8.1.1 The bidder shall have satisfactorily executed during the last 07 (Seven) ending on ending last day of themonth previous to the one in which tender is invited, at least one pipeline laying work involvinginstallation, testing and commissioning of buried hydrocarbon carbon steel pipeline executed throughsingle or multiple orders for the same contract, of minimum diameter and lengths as given below:

S.No Minimum Dia in Inches Minimum Inch Km

1 4” 150 inch - kms

Note: Out of the above, Bidder should have also executed in single PO / WO minimum 4” (orhigher dia) X 5 Kms of Pipeline laying work.

8.1.2 Bidder should have successfully carried out and completed in the last 07 years ending on ending last dayof the month previous to the one in which tender is invited the following;

Page 7 of 218


P.013702D 11033

036


S.No One similar completedwork costing not less than

ORTwo similar completed

works each costing not lessthan

ORThree similar completedworks each costing not

less than

1 INR 15.09 Cr INR 9.43 Cr INR 7.54 Cr

Similar Works is defined as: Pipeline laying work, involving installation, testing andcommissioning of buried hydrocarbon carbon steel pipeline executed through single or multipleorders.

8.2 Financial Criteria:

8.2.1 Turnover

Average Annual Financial Turnover during the last three years ending 31st March 2019 should be atleastas per table below:

Item No. Annual Turnover (INR)

Item No. 1 5.66 Crores

Note:- If a Bidder does not have Audited Balance Sheets for three years, then Average Annual Turnoverwill be calculated as per financials based on financial figures for available number of years. Turnoverwill be considered ‘0’ (Zero) for that particular year. However, Bidder has to provide applicabledocuments like Certificate of Incorporation and Certificate of Commencement to justify that the Firm isless than 03 (Three) years old.

In case where audited results for the last financial year (i.e. 31st March 2019) as on the date of submissionof the tender is not available, the audited results of three consecutive financial years preceding the lastfinancial year shall be considered for evaluating the financial parameters subject to submission of aCertificate signed by CEO / CFO/Partner/Proprietor of the Bidder stating that the financial results of thelast financial year of the Company / firm are under audit as on the date of submission of the bid.

Notes to Financial Criteria:

i. Bidder shall not be under liquidation, court receivership or similar proceeding. Undertaking to thiseffect to be submitted by bidder.

ii. If applicable, Bidder quoting for more than one item will have to comply Turnover and Working Capitalrequirement on cumulative basis.

Notes to BQC

a. In case the bidder is executing a rate contract of above nature which is still running and the contract valueexecuted till one day prior to due date of bid submission is equal to or more than the minimum prescribed

Page 8 of 218


P.013702D 11033

036


value mentioned in the BQC, such experience will also be taken into consideration provided that thebidder has submitted satisfactory work execution certificate to this effect issued by the end user / owner/ authorized consultant.

b. A job executed by a bidder for its own plant/ projects cannot be considered as experience for the purposeof meeting requirement of BQC of the tender. However, jobs executed for Subsidiary / Fellow subsidiary/Holding company/ sub contract work executed value against any single order fulfilling BQC criteria willbe considered as experience for the purpose of meeting BQC subject to submission of tax paid invoice(s)duly certified by statutory auditor of the bidder and challan towards payments of statutory tax in supportof the job executed for Subsidiary / Fellow subsidiary /Holding company. Such bidders to submit thesedocuments in addition to the documents specified in the bidding documents to meet BQC.

c. In case audited balance sheets and profit and loss account for the immediate preceding financial year isnot available for bid closing date up to 30th September, the Bidder has an option to submit the auditedbalance sheets and profit & loss account of the three previous years immediately prior to the last financialyear. However, for bid closing date after 30th September, the bidder has to compulsorily submit theaudited balance sheets and profit and loss account for the immediate three preceding financial years, forevaluation and his qualification with respect to financial criteria. In any case the date (i.e. the financialperiod closing date) of the immediate previous year’s audited annual accounts should not be older thaneighteen (18) months from the bid due date.

8.3 BIDDING ENTITY

8.3.1 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) membersd. an Indian arm of a foreign company

Notes regarding Bidding Entity:

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of theabove 4 types of bidders are stated below, respectively:

a. The bidders (including an incorporated JV which has completed 3 financial years after date ofcommencement of business) shall fulfil each eligibility criteria on individual / combined basis.

b. In case the bidder is a newly formed and incorporated joint venture and which has not completedthree financial years from the date of commencement of business, then either the said JV shall fulfileach eligibility criteria or any one constituent member/ promoter of such a JV shall fulfil eacheligibility criteria. If the bid is received with the proposal that one constituent member/ promoterfulfils each eligibility criteria, then this member/promoter shall be clearly identified and he/it shallassume all obligations under the contract and provide such comfort letter/guarantees as may berequired by Owner. The guarantees shall cover inter alia the commitment of the member/ promoterto complete the entire work in all respects and in a timely fashion, being bound by all the obligationsunder the contract, an undertaking to provide all necessary technical and financial support to the JVto ensure completion of the contract when awarded, an undertaking not to withdraw from the JV tillcompletion of the work, etc.

Page 9 of 218


P.013702D 11033

036


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

- Each member in a consortium may only be a legal entity and not an individual person;- the Bid shall specifically identify and describe each member of the consortium- 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 acorporation) and provide evidence by a copy of the articles of incorporation (or equivalentdocuments);

- One participant member of the consortium shall be identified as the Prime member andcontracting entity for the consortium;

- this prime member shall be solely responsible for all aspects of the Bid/Proposal includingthe execution of all tasks and performance of all consortium obligations;

- the prime member shall fulfil each eligibility criteria;- 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 andthe member s commitment to perform all relevant tasks and obligations in support of thePrime/lead member of the Consortium and a commitment not to withdraw from theconsortium;

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

- No change in project plans, timetables or pricing will be permitted as a consequence of anywithdrawal or failure to perform by a consortium member;

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

consortium only;- 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 aforeign bidder, then the foreign bidder shall have to fulfill each eligibility criteria. If such foreigncompany desires that the contract be entered into with the Indian arm, then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreign company clearly statingthat in case of any failure of any supply or performance of the equipment, machinery, material orplant or completion of the work in all respects and as per the warranties/ guarantees that may havebeen given, then the foreign company shall assume all obligations under the contract. Towards thispurpose, it shall provide such comfort letter/guarantees as may be required by Owner. Theguarantees shall cover inter alia the commitment of the foreign company to complete the entirework in all respects and in a timely fashion, being bound by all the obligations under the contract,an undertaking to provide all necessary technical and financial support to the Indian arm or to renderthe same themselves so as to ensure completion of the contract when awarded, an undertaking notto withdraw.

8.3.2 Sole bidder shall meet each requirement of Bid Qualification Criteria (BQC) as per Clause No. 8.0 of IFBand its sub-clauses.

8.4 Documents required to be submitted by bidder along with the bid for qualification of BQC:

Page 10 of 218


P.013702D 11033

036


BQC ClauseNo. Description Documents required for qualification

BEC-Technical

8.1.1 Experience

(a) Detailed work order along with Schedule of Rates.

(b) Completion certificate issued by end user / Owner (ortheir consultant who has been duly authorized by ownerto issue such certificate) only after completion of workin all aspect.

Note: (i) The completion certificates shall have detailslike work order no. /date, brief scope of work, completiondate etc.

Note a) In case of rate contract

a) Work order / Purchase order along with/ without thequantity in a single order as detailed in BEC under ratecontract.

b) Bidder has to submit satisfactory work executioncertificate issued by the end user/owner/Authorizedconsultant as per clause.

Note b)

Jobs executedfor Subsidiary / Fellowsubsidiary /Holding company

Tax paid invoice(s) duly certified by statutory auditor ofthe bidder and challan towards payments of statutory taxin support of the job executed for Subsidiary / Fellowsubsidiary /Holding company.

BQC-Financial

8.2.1 Annual Turn-over

Bidder(s) shall submit copy of Audited Annual FinancialStatement [Balance Sheet and Profit & Loss AccountStatement] of any of the three (3) preceding FinancialYear(s), i.e. FY: 2018-19, 2017-18, 2016-17 & 2015-2016 along with un-price bid. Refer notes of AnnualTurnover above.

General GST Documentary Evidence for GST registration

Owner reserves the right to reject the bid without making any reference to the bidder.Notes:

Failure to meet the above qualifying criteria(s) will render the bid to be summarily rejected. Therefore, the biddershall in his own interest furnish complete documentary evidence including certificate(s) from the client of thework executed etc. to justify that the bidder meets the qualifying criteria.

1. All documents furnished by the bidder in support of meeting the Technical and Financial criteria ofBQC shall be submitted in a separate section / booklet along with their unpriced bid. This section /booklet shall be titled as “Documentation against Bid Evaluation Criteria (Technical and Financial)”

Page 11 of 218


P.013702D 11033

036


with proper index and page numbering.

2. Owner reserves the right to complete the evaluation based on the details furnished (without seeking anyadditional information) and / or in-house data, survey or otherwise.

3. Bidder quoting for more than one Item No. will have to comply Turnover requirements on cumulativebasis.

4. All documents in support of Technical criteria of bid evaluation criteria (BEC) to be furnishedby the bidders shall necessarily be duly certified / attested by Chartered Engineer and NotaryPublic with legible stamp.

5. All documents in support of Financial criteria of bid evaluation criteria (BEC) to be furnishedby the bidders shall necessarily be duly certified / attested by Chartered Accountant and NotaryPublic with legible stamp.

9.0 BID SECURITY/ EMD

9.1 All bids must be accompanied by a bid security amount as per below table:

Item No. EARNEST MONEY DEPOSIT (INR)

Item No. 1 28.87 Lakhs

9.2 EMD shall be in favour of Hindustan Petroleum Corporation Limited and shall be acceptable in the formof Crossed Demand Draft (Payable at Mumbai (MH) or Bank Guarantees (B.G.) in the prescribed pro-forma from Scheduled banks in India/ Indian Branch of Foreign Bank. The B.G. shall be valid for a periodof 180 days from the final due date of submission of Bid.

9.3 Following categories of bidders shall be exempted from paying Earnest Money Deposit (EMD):

i) Units registered with National Small Industries Corporation (NSIC).ii) Units falling under Micro & Small Enterprises (MSEs) category as defined under the MSMED Act

2006.

The above are subject to the fulfilling of under mentioned conditions:

a) Units should be registered with National Small Scale Industrial Corporation Limited (NSIC)or with any of the Authorities specified under the Public Procurement Policy for MSE’s (DIC/ KVIC / KVIB / Coir Board / NSIC / Directorate of Handicrafts and Handloom or any otherbody specified by Ministry of MSME).

b) The Unit should be registered for the item tendered.c) Registration Certificate is valid as on the techno-commercial bid opening date.d) Self-attested copy of valid relevant registration certificate should be submitted in support.e) Registration with DGS&D will not entitle a Tenderer to claim above exemption.

Page 12 of 218


P.013702D 11033

036


iii) Public Sector Enterprises.

9.4 If applicable, Bidder quoting for more than one Item No. will have to comply bid security requirements oncumulative basis.

10.0 SUBMISSION OF ORIGINAL DOCUMENTS

10.1 The following documents, in addition to uploading in the bid on HPCL’s e-procurement site, shall also besubmitted in Original (in Physical Form) on or before the bid due date and time and the scanned copies ofthe same have to be uploaded in e-tender Portal along with e-bid by the bidder. The original documents asmentioned below shall be submitted to TE office, Gurgaon.

i. Bid Security / EMDii. Power of Attorney

iii. Integrity Pact

Bidders to ensure that above mentioned original documents reaches to concerned officials as per detailsbelow:

Chandan Kumar Singh / Sunil Kumar GuptaProject ManagerTractebel Engineering Pvt. Ltd.68, Institutional Area,Sector 44, Gurgaon, Haryana-122002.Tel. No. +91 124 4698500E-mail : [email protected] / [email protected]

11.0 PRE-BID MEETING

11.1 The pre-bid meeting, shall be held as per the schedule in the IFB to clarify the techno-commercial issuesrelated to the tender. The authorised representatives of the parties who have downloaded the tenderdocument from the HPCL website https://etender.hpcl.co.in/ shall only be allowed to attend the meeting.Further, during the pre-bid meeting, HPCL may also arrange demonstration of the e-tendering system tothe vendors present and who may be interested in attending the same.

11.2 Bidders in their own interest are advised to take part in the pre-bid meeting seriously by issuing theirgenuine queries and also by attending the pre-bid meeting by their competent personnel. This will helpbidder not only to cut short of the evaluation time leading to requirement of shorter bid validity but alsoenable them to submit their best prices based on the clear techno commercial scope.

11.3 Non-attendance of the pre-bid meeting shall not be a cause of disqualification of the bidder.

11.4 In case any Bidder does not attend the pre-bid meeting, it shall be understood that the Bidder has a clearunderstanding of the BEC, scope, terms and conditions of the Bidding Document and does not have anycomment / deviation to the requirement of Bidding Document and this shall not be considered a causefor extension of E- bid submission date.

Page 13 of 218


P.013702D 11033

036


11.5 All communication regarding the tender including queries, if any, and submission of offers shall be doneonline within the e-Procurement system at website https://etender.hpcl.co.in.

11.6 Please note that queries related to scope of job, tender specifications, terms & conditions etc should besubmitted on –line only (by logging in at https://etender.hpcl.co.in) by the query end date / time specifiedin the online tender. The reply of queries sent by bidders/ messages issued by HPCL pertaining to tendershall be available on tender message board. HPCL, at its sole discretion, may not entertain the queriessent by post / fax/ e-mail or through any other mode of communication. Bidders to get themselvesacquainted to HPCL E-Tendering platform instructions of which are attached to ITB document.

12.0 ZERO DEVIATION BIDS

12.1 This is a ZERO deviation bidding process. Bidder is to ensure compliance of all provisions of the biddingdocument and submit their bid accordingly. Bids with any deviation to the bid conditions shall be liablefor rejection.

13.0 GENERAL

a) HPCL/TE reserves the right to carry out capacity & capability assessment of the bidderusing in-house information and past performance.

b) HPCL/TE will not be responsible or liable for cost incurred in preparation, submission &delivery of bids, regardless of the conduct or outcome of the bidding process.

c) Canvassing in any form by the Bidder or by any other agency on their behalf may lead to disqualificationof their Bid.

d) Unsolicited clarifications to the bid offer and / or change in the prices during the validity period wouldrender the bid liable for rejection.

e) Award of work shall be based on Reverse Auction which will be conducted for finalizing thisTender. Please refer ITB for further details.

f) HPCL/TE reserves the right to reject any or all the bids received or annul the bidding process at any timeat their sole discretion without assigning any reason whatsoever.

g) HPCL will allow Public Sector Enterprises (Central / State), purchasepreference as admissible / applicable from time to time under the existing Govt. policy.HPCL shall also follow the Public Procurement Policy on Procurement of Goods andservices from Micro and Small Enterprises (MSEs) Order 2012.

h) All other terms and condition shall be as per the bidding documents.

i) Bidder shall furnish necessary documentary evidence along with the bid, by way of track record, copiesof work order, division of responsibilities for the work performed, completion certificate, MOUdocument/ commitment letters etc. as per requirement. In absence of such documents, HPCL reserve theright to reject the Bid without making any reference to the Bidder or assigning any reason what-so-ever.

Page 14 of 218


P.013702D 11033

036


Bidder shall provide documentary proof in the form of purchase order / contract letter. Offers receivedwithout documentary proof are liable for rejection.

j) HPCL / TE, at its discretion reserves the right to verify information submitted and inspectthe facilities at party’s work to confirm their capabilities.

k) HPCL decision on any matter regarding short listing of bidders shall be final.

l) Bids of bidders on “Holiday” as per HPCL/PSU or its subsidiaries records shall not be considered forevaluation and ordering.

m) Failure to meet the above Qualification Criteria will render the Bid liable to be rejected.Therefore, the bidder shall in his own interest furnish complete documentary evidence in the first instanceitself, in support of their fulfilling the Qualification Criteria as given above.

n) HPCL reserves the right to complete the evaluation based on the details furnishedwithout seeking any additional Information.

o) All documents submitted should be in English only.

14.0 EVALUATION METHODOLOGY

14.1 The Price Bids of only techno-commercially acceptable bidders shall be opened and will be consideredfor evaluation.

14.2 The evaluation for award shall be made on overall lowest cost basis including applicable GST (CGST &SGST/ UTGST or IGST). Bidders must quote for full quantity against all the items of SOR, failing whichtheir offer shall not be considered for evaluation.

Notes:

· In case the bidder is covered under Composition Scheme under GST laws, then bidder should quotethe price inclusive of the GST (CGST&SGST/UTGST or IGST). Further, such bidder shouldmention “Cover under composition system” in column for GST (CGST&SGST/UTGST or IGST)of price schedule.

· In case any cess on GST is applicable, same shall also be considered in evaluation.

· Bids not conforming to technical specifications / requirements shall be rejected.

15.0 AWARD METHODOLOGY

15.1 The Owner will award the contract to the successful bidder whose bid has been determined to besubstantially responsive and has been determined to be the overall lowest evaluated bid, provided furtherthat the Bidder is determined to be qualified to perform the contract satisfactorily.

Page 15 of 218


P.013702D 11033

036


15.2 The scope of work under the subject tender is of divisible nature and work shall be awarded to twobidders for respective GA in ratio of 60:40.

15.3 Bidders are informed that Reverse Auction will be conducted for finalizing this Tender.

15.4 HPCL reserves the right to conduct price negotiation with L1 bidder based on price quoted in SOR andRA.

Page 16 of 218

INSTRUCTIONS TOBIDDERS (ITB)

P.013702D 11033

036


HINDUSTAN PETROLEUM CORPORATIONLIMITED (HPCL)

CITY GAS DISTRIBUTION PROJECT INSONIPAT AND JIND GAs


SECTION-II

INSTRUCTIONS TO BIDDERS (ITB)

Page 17 of 218


P.013702D 11033

036


INDEX

SR. NO. DESCRIPTION

1.0 COST OF BIDDING2.0 BID DOCUMENT3.0 AMENDMENT OF BID DOCUMENT4.0 LANGUAGE OF BID5.0 BID PARTS6.0 DOCUMENTS COMPRISING THE BIDS7.0 BID FORM AND PRICE SCHEDULE8.0 PREPARATION & SUBMISSION OF BIDS9.0 BID DUE DATE & TIME10.0 PERIOD OF VALIDITY OF BIDS11.0 LATE BIDS12.0 MODIFICATION & WITHDRAWAL OF BIDS13.0 OPENING OF BIDS14.0 BID PRICES & BIDDING CURRENCY15.0 EVALUATION OF BIDS16.0 REJECTION CRITERIA17.0 COMPARISION OF BIDS18.0 CONTACTING THE OWNER/ OWNER’S CONSULTANT19.0 AWARD CRITERIA20.0 OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS21.0 NOTIFICATION OF AWARD22.0 ISSUE OF PURCHASE ORDER23.0 REBATE24.0 FRAUDULENT PRACTICES25.0 PRE-BID MEETING26.0 BID SECURITY27.0 QUOTED PRICES - PRICE SHALL BE QUOTED CONSIDERING28.0 IMPORTANT GUIDELINES FOR CASHLESS TRANSACTIONS29.0 REVERSE AUCTION30.0 PROVISION FOR STARTUPS

Page 18 of 218


P.013702D 11033

036


INSTRUCTIONS TO BIDDERS (ITB)

1.0 COST OF BIDDING

1.1 The Bidder shall bear all costs associated with the preparation and submission of the bid, and Owner /Consultant will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of thebidding process.

2.0 BID DOCUMENT

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

2.2 The bidder's scope of supplies as specified in the Material Requisition shall be in strict compliance with thescope detailed therein and in the bid document.

3.0 AMENDMENT OF BID DOCUMENT

3.1 At any time prior to the bid due date, the Owner may, for any reason, whether at its own initiative or inresponse to a clarification requested by a prospective Bidder, modify the Bid Document.

3.2 The amendment/corrigendum to tender shall be published at Owner's e-PORTAL https://etender.hpcl.co.inand HPCL's website www.hindustanpetroleum.com. Bidders are advised to visit these websites regularly to keepthemselves updated. In case bidder has submitted the online bid before corrigendum, such bidder shall be requiredto modify /edit the already submitted bid before tender submission due date/extended due date, whichever is later.In case of bidder submitted the bid without compliance /confirmation /acceptance to corrigendum, he shall not beallowed to revise the bid price /rates on account of compliance/acceptance /confirmation to corrigendum. Suchbidder shall be given opportunity during evaluation to accept/confirm compliance to corrigendum without revisionin rates and taxes, failing which the bid shall be rejected at the sole discretion of the Owner.

3.3 In order to afford prospective Bidder, reasonable time in which to take the amendment into account inpreparing their bids, the Owner may, at its discretion, extend the bid due date.

4.0 LANGUAGE OF BID

4.1 The bid prepared by the Bidder and all correspondence/ drawings and documents relating to the bid exchangedby Bidder and the Owner/Consultant shall be written in ENGLISH language, provided that any printed literaturefurnished by the Bidder may be written in another language so long as accompanied by an ENGLISH translation,in which case, for the purpose of interpretation of the bid, the English translation shall govern.

4.2 In the event of submission of any document / certificate / Audited financial report by the bidder in a languageother than English, the bidder shall get the same translated into English and submit the same after getting thetranslation duly certified by local Chamber of Commerce of Bidder’s country.

5.0 BID PARTS5.1 Bid shall be in two parts. Part-I shall be unpriced bid & Part-II shall be priced bid. Bidder shallinclude Bid Security, Integrity pact duly signed & stamped, unpriced price Schedule duly filled as “quoted” ineach cell of price Schedule etc. shall be submitted with Part-I. Duly filled Part- II with price figures shall besubmitted in Part-II (in e-portal of HPCL).

6.0 DOCUMENTS COMPRISING THE BIDS

6.1 The bid prepared by the Bidder shall comprise the following components:

Page 19 of 218


P.013702D 11033

036


6.1.1 UNPRICED BID (PART-I):

a) Physical Documents:

· Bid Security - Original DD / BG.· NSIC / MSE Registration certificate in lieu of EMD.· Power of Attorney of bidder’s representative digitally signing the bid document· Duly signed & stamped Integrity Pact

Physical documents in seal envelope containing above documents shall be super scribed with Tender no, Due dateand name of the Job to be submitted at the following address on or before Bid Due date and time in Tender Box:-

Tractebel Engineering Pvt. Ltd.,Chandan Kumar Singh / Sunil Kumar Gupta68, Institutional Area,Sector 44, Gurgaon, Haryana-122002.Tel. No. +91 124 4698500E-mail: [email protected] / [email protected]

In e-tenders, a scanned copy of Bid Security/EMD or MSE Certificate seeking exemption shall also to be uploadedwith the offer at e-portal https://etender.hpcl.co.in.

i. In case Bid Security / EMD is not received as per IFB, the offer of the bidder shall be rejected.ii. In case of availing exemption, MSE Certificate shall be submitted, wherever applicable.iii. Bidders are advised to instruct their banks not to post Bid Security directly to HPCL as the same

has to be deposited as explained above.

b) Documentary evidence establishing Bidder's claim for meeting Bidder Qualification Criteria as stipulated inthe Bid Document.

Owner/Consultant reserve the right to call the bidder during evaluation along with originals for verification of thedocuments submitted by the bidder in his bid. OWNER/ CONSULTANT also reserve the right to get thedocuments (purchase orders, completion certificates and other documents submitted by the bidder) verified/confirmed by the issuing authority of these documents.

c) Power of Attorney in favour of person (s) digitally signing the bid that such person(s) is/are authorised to signthe bid on behalf of the bidder and any consequence resulting due to such signing shall be binding on the bidder;d) Tender document including Corrigendum, if any, and subsequent correspondences duly stamped and signed oneach page as a token of acceptance. Please note no hard copy of documents shall be taken in case of e-tenderexcept the documents stated in the note at the end of this clause.

e) All form and format dully filled in.

f) Copies of Purchase Orders, Financial Statement (Audited Balance Sheet including, Profit & Loss Account,Schedule and Independent Auditor Report) for last three preceding financial years.

g) Agreed Terms & Conditions duly filled-in online.

h) Integrity Pact

i) Any other information/details/documents/data required as per Bid Document.

Page 20 of 218


P.013702D 11033

036


NOTE: The documents sought under clause 6.1.1 a are to be received by OWNER by bid submission date & timein hard copy. However, scanned copies of documents under clause 6.1.1 a along with balance documents are tobe uploaded at OWNER e-tender website.

6.1.2 PRICED BID (PART-II):

a) It shall consist of Price Bid only. It shall be uploaded on the e-portal https://etender.hpcl.co.in

b) Bidders are advised to ensure that the Price Bid is quoted and uploaded in the eprocurement system. Quotedprice shall include Basic cost, packing charges, loading charges, Insurance, Freight and any other charges, if any.

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

7.0 BID FORM & PRICE SCHEDULE FORMAT

7.1 The bidders shall complete the Bid Form and appropriate Price Schedule Preamble furnished in the BidDocument, indicating the required information.

Note:

Bidder to refer line items detailed description in case of any discrepancies observed in short description ofrespective line item & quote accordingly.

8.0 PREPARATION & SUBMISSION OF BIDS

8.1 Bids shall be submitted at the address by the due date & time.8.2 Documents mentioned in the Bid Document shall be submitted along with the bid by the Bidder.8.3 Addenda/Corrigenda to the Bid Document, if issued, must be signed and submitted along with the bid.8.4 Bidders are advised to submit bids based strictly on the terms & conditions and specifications contained in theBid Document and not to stipulate any deviations.8.5 A Bidder( i.e. the bidding entity) shall, on no account submit more than one bid either directly ( as a singlebidder or as a member of consortium) or indirectly failing which all bids submitted by such bidder directly &indirectly , shall stand rejected and BID SECURITY shall be Forfeited.

9.0 BID DUE DATE AND TIME

9.1 Bid is required to be submitted through OWNER e-PORTAL https://etender.hpcl.co.in only, on or before theBid submission date and time.

9.2 The Owner may, at its discretion, on giving reasonable notice by letter/fax/e-mail, or any writtencommunication to all prospective Bidders who have been issued the bid documents, extend the bid due date, inwhich case all rights and obligations of the Owner and the Bidders, previously subject to the bid due date, shallthereafter be subject to the new bid due date as extended.

9.3 Request for extension of tender submission due date, if any, shall be considered at the sole discretion of Owner.However, Owner reserves the right not to entertain any request for extension received within two (2) days oftender submission due date/time.

10.0 PERIOD OF VALIDITY OF BIDS

10.1 Bids shall be kept valid for 120 days from the final bid due date. A bid valid for a shorter period shall beconsidered as non-responsive and will be liable for rejection.

10.2 The Bidder shall not be entitled during the said period of 120 days, without the consent in writing of theOwner to revoke or cancel its bid or to vary the bid given or any term thereof. In case of Bidder revoking or

Page 21 of 218


P.013702D 11033

036


cancelling its bid without the consent of the Owner in writing, the Owner shall forfeit the Bid Security furnishedby Bidder.

10.3 Notwithstanding above, the Owner may solicit the Bidder’s consent to an extension of the period of bidvalidity. The request and the responses thereto shall be made in writing. The bid security shall also be accordinglyextended.

11.0 LATE BIDS

11.1 E-tendering portal shall close immediately after the deadline for submission of bid.

11.2 Bids must be submitted online in e-tendering portal of OWNER. Bids submitted through any other modeshall not be considered for opening / evaluation / award and shall be rejected.

12.0 MODIFICATION AND WITHDRAWAL OF BIDS

12.1 The Bidder may modify or withdraw his bid after the bid’s submission, provided that themodification/ withdrawal notice is received by the Owners/ Consultant prior to the bid due date& time, but, before the due date and time for submission of Bid following the electronic bidsubmission procedures.

12.2 No bid shall be modified subsequent to the due date & time or extension, if any, for submission of bids.Bidder(s) to note that unsolicited price changes (including changes in taxes, duties mentioned & theirapplicability) after submission of bid shall not be allowed. In case any bidder gives unsolicited revised prices/priceimplication, his bid shall be rejected and EMD/ Bid security submitted by the bidder shall be forfeited, however,any unilateral rebate shall be dealt as per Clause no. 23 of ITB.

12.3 No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and theexpiration of the period of bid validity specified by the Bidder. Withdrawal of a bid during this interval shall resultin the forfeiture of Bidder’s EMD/Bid security and further action as per corporation (OWNER) policy.

12.4 No new deviation will be received/ accepted from bidder after bid due date & time. In case bidder submitsnew deviation, his bid will be rejected. At the sole discretion of the owner bidder may be given opportunity towithdraw the deviation and in case the same is not withdrawn by the bidder, the offer of the bidder shall berejected.

13.0 OPENING OF BIDS

13.1 Unpriced bid shall be opened by OWNER/CONSULTANT on the date and time specified in Invitation forBids (IFB) / E-tender. Date & time for opening of price bids shall be advised later to only techno-commerciallyaccepted bidders.

13.2 In case of e-tender, the bids shall be opened online and bidders shall be able to view details by logging in attheir remote location. Physical presence of bidders at Tractebel/HPCL‟s office is not required for witnessing bidopening.

14.0 BID PRICES & BIDDING CURRENCY

14.1 Bidders to submit their Prices in Indian Currency only. Payment shall be made in Indian Rupees Only.

15.0 EVALUATION OF BIDS

15.1 The Owner/Consultant will examine the bids to determine whether they are complete, whether anycomputational errors have been made, whether the documents have been properly digitally signed and whetherthe bids are generally in order.

Page 22 of 218


P.013702D 11033

036


15.2 The bids without requisite Bid Security and/or not in the prescribed proforma will not be considered and bidsof such Bidder(s) shall be rejected at the sole discretion of Owner/Consultant.

15.3 Qualification of Bidder: The experience details and financial, technical & production capabilities of theBidder(s) shall be examined to determine whether the Bidder(s) meet the Qualification Criteria mentioned in theINVITATION FOR BIDS (IFB). Bids that do not meet the qualification criteria mentioned in IFB shall berejected.

15.4 Bidder may quote for one or more Schedules (if applicable), but his offer shall be considered in accordancewith Bidder Qualification Criteria.

15.5 Price bid evaluation of techno-commercially qualified bidders shall be carried out schedule-wise.

15.6 After tender submission due date & time/ extended due date & time (as the case may be) the bidders shallnot make any subsequent price changes/Changes on taxes quoted, whether resulting or arising out of any technical/ commercial clarifications sought/allowed on any deviations or exceptions mentioned in the bid unless discussedand agreed by Owner/Consultant in writing. In case a bidder submits the bid withoutconfirmation/compliance/acceptance to corrigendum’s (issued before bid submission due date/extended due date),bidder shall not be allowed to change the bid price /rates on account of compliance /acceptance/confirmation tosuch corrigendum.

15.7 To assist in the examination, evaluation and comparison of unpriced bids, the Owner/Owner’s Consultantmay, at its discretion, ask the Bidder clarifications on the bid. The request for such clarifications and the responsethereto shall be in writing and shall be binding on the bidder.

15.8 Bidder(s) to note that Price changes against Technical/Commercial clarification, if any, in line with terms &conditions of enquiry documents are not allowed. In case, any bidder gives revised prices/price implications(including revision in taxes /duties & their applicability) against such clarification, it would amount to unsolicitedpost bid modification by the bidder and action shall be taken by the owner as per clause “MODIFICATION ANDWITHDRAWAL OF BIDS” mentioned above. However, the Owner/Consultant reserves the right to seek costimplication/revised rates from all the vendors in case of a revision in technical specification/scope of job.

15.9 Prior to the evaluation and comparison of the bid, the Owner/ Owner’s Consultant will determine thesubstantial responsiveness of each bid to the bidding documents. For the purpose of this Article, a substantiallyresponsive bid is one, which conforms to all the terms and conditions of the bidding document without materialdeviations or reservations. The Owner’s/Consultant’s determination of a bid’s responsiveness is to be based onthe contents of the bid itself without recourse to the extrinsic evidence.

15.10 A bid determined as substantially non-responsive will be rejected by the Owner/Consultant and shall notsubsequently be allowed by the Owner/Consultant to be made responsive by the Bidder by correction of the non-conformity.

15.11 Bidders are requested to accept tender terms/conditions in totality and should avoid deviations.

15.12 In case deviations to tender terms/conditions are unavoidable, the same should be mentioned in ONLINEDEVIATION SHEET. Deviations mentioned elsewhere shall not be considered by Owner/Consultant.

15.13 In Case, bidder is evaluated L1 bidder and has mentioned deviation to tender terms not in online deviationsheet, but elsewhere and is not withdrawing those deviations, Owner/Consultant shall reject his bid and forfeit theEMD/Bid security of the bidder in such cases.

15.14 No set off (including set off on account of taxes/duties) shall be considered in evaluation for deciding L1bidder.

15.15 In case any deviation sought by bidder is accepted by Owner, Owner reserves the right to suitably load thebidder for evaluation purpose only.

Page 23 of 218


P.013702D 11033

036


15.16 Evaluation shall be carried out based on price quoted by bidder including stated taxes & duties as on dateof opening of unpriced bid. For import content also, if any, no exchange rate variation / Customs duty variationshall be considered during evaluation.

15.17 Bidder must quote the entire cell against each quoted line item. If no prices (free of cost) are envisaged forany of the entries, ‘0’ shall be mentioned. In this context “0’ mentioned against any item shall construe that theBidder shall not charge any amount separately for that item from the Owner and shall execute the job as per thescope, terms and conditions of the tender. If bidder quotes any Statutory Taxes and duties at a rate different fromthe present/ statutory rate, then the taxes and duties as quoted by the bidder shall be considered for evaluation;however payment shall be made as per the taxes & duties quoted by the bidder or payable as per statutes,whichever is less.

15.18 Evaluation will be done on overall lowest cost basis inclusive of all taxes as under:

a) Registered Bidders: The tax liability will be borne by the bidder and the same shall be considered forthe purpose of evaluating the bid.

b) Unregistered Bidders: The tax liability will be borne by HPCL under reverse charge and the same shallbe loaded for the purpose of evaluating the bid.

c) Bidders under composition scheme: The rate is considered to be inclusive of all taxes and no separatetax shall be billed to HPCL and the bid shall be accordingly evaluated. For this purpose Bidder should givestatus whether Registered, Unregistered or Composition Scheme.

In case of different rates of GST quoted by the Bidders, Corporation reserves the right to query on the sameand adopt the correct classification and GST rate. The decision of Corporation in this regard will be finaland binding on the Bidder.

For imported items (if applicable), all relevant costs/taxes (as mentioned elsewhere in the tenderdocuments) will be included for the purpose of evaluation.

15.18.1 The total value of work shall be awarded to two bidders, 60% of the total value of work shall be awardedto L-1 bidder at its quoted/accepted rates.

15.18.2 L-2 bidder shall be asked to match the prices of L-1 bidder for all the SOR Items. If L-2 bidder matchesthe rates of L-1 bidder of all SOR items, 40% of the total value of work shall be awarded to L-2 bidder.

15.18.3 In case L-2 bidder does not agree to match the L-1 prices, L-3, L-4 and so on bidders shall be asked tomatch the prices of L-1 bidder. In case none of the bidder matches the rates of L-1 bidder, retendering for40% of the work shall be done.

15.18.4 However, Owner shall have the sole discretion to make changes or modifications in quantities of awardedwork order to any bidder.

15.18.5 If during the execution of Tender, HPCL finds the performance of any of the bidder awarded (say) 60%of total awarded job not working satisfactorily, the second bidder can be given the opportunity to execute higherratio (i.e. more than 40% job already awarded) of his awarded limit of job at sole discretion of HPCL. This is alsoapplicable vice-versa.

15.18.6 HPCL reserves the right to execute any single SOR item out of Total SOR and at any location in the GAas per site requirement.

15.19 GOODS AND SERVICE TAX - GST :

15.19.1 Bidder to quote items / services in line to the prevailing GST rates as per Government of India

Page 24 of 218


P.013702D 11033

036


various notifications, as applicable.

16.0 REJECTION CRITERIA

16.1 Owner/ Consultant expect Bidder’s compliance to requirement of Bidding Document without any deviationand submit substantially responsive bid.

16.2 Bids not compliance to requirement of Bidding Document shall be given once chance to withdraw theirdeviations/stipulations. Bids with the following deviation(s) to the bid conditions shall be considered as non-responsive and be rejected:

16.2.1 Bid Security

16.2.2 Tender Fee (if applicable)

16.2.3 Mention rates anywhere else in the tender other than on-Line Price Bid

16.2.4 Security Deposit

16.2.5 Period of Validity of bids shorter than specified

16.2.6 Force Majeure

16.2.7 Defect Liability Period/Guarantee Period

16.2.8 Firm Prices

16.2.9 Workability Clause

16.2.10 Non Acceptance to Liquidated Damages / Price Reduction Clause

16.2.11 Unsolicited Price change/implication (including revision in taxes / duties & their applicability) after bidsubmission due date / extended due date; however, any unilateral rebate shall be dealt as per clause no. 23 of ITB.

16.2.12 Integrity Pact

16.2.13 Non Submission of declaration of not banning / holiday listing/delisting from Government of India/ministries of Govt. of India / PSU

16.2.14 Non-conformance of scope of work /technical specifications

16.2.15 Performance Security (Contract Performance Bank Guarantee)

16.2.16 Cooperative Bank instruments – DD / Pay order / Cheque / Bankers Cheque / BG will not be acceptedand it will be the rejection criteria.

16.3 Bids that do not meet the bidder qualification criteria as specified in the bid document shall be rejected.

16.4 A bid with incomplete scope of work and/or which does not meet the technical requirements as specified inthe bid document shall be considered as non-responsive and rejected.

16.5 Price must be furnished in the Price Schedule format available online in e-tender portal of HPCLhttps://etender.hpcl.co.in and shall be strictly based on the terms specified under “Bid Prices” & “Taxes & Duties”specified in the bid document. Non-compliance of this requirement shall make the bid liable for rejection.

16.6 Conditional bids will be liable for rejection.

Page 25 of 218


P.013702D 11033

036


16.7 Non acceptance of commercial terms and conditions may result in rejection of Bidder offer.

16.8 In case bidder is on the holiday list/Banned/Blacklisted/Delisted by any Government or quasi Governmentagency or PSU, his offer may be rejected at the sole discretion of Owner. Notwithstanding the above , if a Bidderwho is on Holiday/ Negative/Suspension / Banning list of OWNER/CONSULTANT on due date of submissionof bid / during the process of evaluation of the bids, the offers of such bidders shall not be considered for bidopening/evaluation/award. Further, in case of a consortium, if any of the member(s) of consortium is on Holiday/Negative /Suspension / Banning list of OWNER/CONSULTANT on due date of submission of bid / during theprocess of evaluation of the bids, the offers of such consortium shall not be considered for bidopening/evaluation/Award.

16.9 Owner reserves the right to reject offers not meeting its Technical requirements and / or commercialconditions.

16.10 WRONG INFORMATION

If the Bidder deliberately gives wrong information in his Bid to create circumstances for the acceptance of hisBid, Owner reserves the right to reject his BID without any reference to the Bidder.

17.0 COMPARISON OF BIDS

17.1 The Owners / Consultant will evaluate and compare bids previously determined to be substantially responsivepursuant to the provisions of the bidding document.

17.2 The “Price Schedule” as quoted for Schedule-wise basis (as stated in IFB / Price Schedule) shall be taken upfor evaluation.

17.3 Owner’s Consultant/Owner’s evaluation and comparison of prices of previously determined substantiallyresponsive bids shall take in account as per evaluation criteria defined in above clause 15 (Evaluation of bids ).

17.4 PURCHASE/PRICE PREFERENCE

17.4.1 This tender being works contract, Purchase Preference as admissible under the prevailing procurementpolicy for MSEs is not applicable to this tender.

18.0 CONTACTING THE OWNER/ OWNER’S CONSULTANT

18.1 From the time of the bid opening to the time of the Contract award, if any bidder wishes to contact theOWNER for any matter relating to the bid it should do so in writing.

18.2 Any efforts by a Bidder to influence the Owner’s/ Owner’s Consultant during bid evaluation, bid comparisonor contract award decisions may result in the rejection of the Bidder’s bid.

19.0 AWARD CRITERIA

19.1 The Owner will award the Contract to the successful Bidder whose bid has been determined to be the lowestresponsive bid evaluated on the basis as defined at point no. clause no. 16 of ITB, subsequent to the bid beingdeclared Techno-Commercially qualified and the bid is determined to be workable as per workability clause 19.2of ITB.

19.1.1 Evaluated Prices for all items.

If in the opinion of HPCL, the total price or certain item rates quoted by the lowest evaluated bidder are consideredhigh, HPCL may invite such bidder for price negotiation. Lowest quoted bidder shall attend such negotiationmeetings and if requested by HPCL, Bidder shall provide the analysis of rates/break-up of amount quoted by him

Page 26 of 218


P.013702D 11033

036


for any or all items of Schedule of Rates/ Prices to demonstrate the reasonability. As a result of negotiation, biddermay offer rebate on his earlier quoted Price as per clause 23 of ITB.

19.1.2 Purchase preference to Micro and Small Enterprise as per Public Procurement Policy of Govt. of India,2012shall be applicable as per Methodology as explained below:

19.1.2.1 Participating Micro and Small Enterprises quoting price within price brand of L1+15% shall also beallowed to supply a portion of requirement by bringing down their prices to L1 price in a situation where L1 priceis from someone other than a micro and small enterprises and such micro and small enterprises shall be allowedto supply up to 25 % of the total tendered value. In case of more than one such Micro and Small Enterprises, thesupply of 25 % portion shall be shared amongst them. Further, out of above 25 %, 4% shall be from MSEs ownedby SC/ST entrepreneurs and 3% from MSEs owned by Women Entrepreneurs. This quota is to be transferred toother MSEs in case of non-availability of MSEs owned by SC/ST entrepreneurs or Women entrepreneurs.

19.1.2.2 The MSEs owned by SC/ ST entrepreneurs shall mean:

a. In case of Proprietary MSE, Proprietor(s) shall be SC/ ST.b. In case of Partnership MSE, the SC/ST partners shall be holding at least 51% share in the unit.c. In case of Private Limited Companies, at least 51% share is held by SC/ ST. If the MSE is owned

by SC/ ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard.

19.1.2.3 The quoted prices against various items shall remain valid in case of splitting of quantities of the itemsas above.

19.1.2.4 The owner reserves the right to allow Micro & Small enterprises as well as MSEs Owned by SC/STentrepreneur, price preference as admissible under the prevailing procurement policy for MSEs.The quantity against the item(s) of MR may be split to enable ordering of 20% quality against the item(s)of MRto MSEs, in line with price preference as admissible under the prevailing procurement policy for MSEs.Accordingly, the quoted prices against various items of MR shall remain valid in case of splitting of quantities ofthe items in view of the same. However, In case of tender item is non-splitable or non-dividable, etc. MSE quotingprice within L1 + 15 % may be awarded for full/complete supply of total tendered value to MSE, consideringspirit of policy for enhancing the Govt. Procurement from MSE

19.1.2.5 MSE bidder shall submit the following:

i. Documentary evidence that the bidder is a Micro or Small Enterprises registered with District Industries Centresor Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or nationalSmall Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministryof Micro, Small and Medium Enterprises.

ii. If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence inthis regard. If the bidder does not provide the appropriate document or any evidence to substantiate the above, theNIT will be presumed that he does not qualify for any preference admissible in the Public Procurement Policy,2012. 19.1.2.6 The benefits under this Policy shall not be extended to the Traders and Agents. Purchase PreferenceLinked with Local Content (PP-LC): Ministry of Petroleum & Natural Gas vide No. O-27011/44/2015-ONG-II/FP dated 25.04.2017 has issued a Policy to provide Purchase Preference linked with local content (PP-LC).This policy to provide Purchase Preference linked with local content, i.e., PP-LC, in public sector undertakingsunder Ministry of Petroleum & Natural Gas shall be applicable for this tender. Bidder to note that benefits, asapplicable under PP-LC policy shall be given only if bidder is complying with PP-LC policy and submit thedesired documents irrespective of whether bidder is Indian bidder or Foreign bidder. Details of policy along withmethodology of evaluation are attached as annexure to this ITB.

19.2 Workability Clause

Where the lowest bid is very low compared to the cost estimate and other higher bids, the Owner shall review thelowest offered bid for workability of rates and shall ascertain whether Bidder has properly quoted with reference

Page 27 of 218


P.013702D 11033

036


to the scope. In such cases, Owner may require the lowest Bidder to produce detailed price analysis for any or allitems to demonstrate the internal consistency of these prices. After evaluation of the price analysis, Owner mayrequire that the amount of the performance security is increased to a level sufficient to protect the Owner againstfinancial loss in the event of default of the successful Bidder under the order and same shall be provided by thebidder. Where based on workability assessment by authority (Owner/Consultant), the vendor's bid is found non-workable, the same will be rejected and EMD, if any, forfeited.

19.3 In case of a bid by incorporated JV and such JV happens to be a successful bidder, the purchase order shallbe placed in the name of incorporated JV and payment shall be made in the name of incorporated JV.

19.4 In case of a bid submitted by unincorporated JV/consortium and such unincorporated JV happens to besuccessful bidder, the purchase order shall be placed in the name of unincorporated JV and the payment shall bereleased in the name of unincorporated JV.

19.5 The scope of work under the subject tender is of divisible nature and work shall be awarded to twobidders for each GA in ratio of 60:40.

20.0 OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

20.1 Owner reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, atany time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders or;any obligations to inform the affected Bidder or Bidders of the ground for the Owner’s action.

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

21.0 NOTIFICATION OF AWARD

21.1 Prior to the expiration of period of bid validity, the Owner will notify the successful Bidder in writing or byfax to be confirmed in writing, that his bid has been accepted. The Notification of Award will constitute theformation of the Contract.

21.2 Delivery Period shall be counted from the date of notification of award (Letter of Award).

22.0 ISSUE OF PURCHASE (WORK) ORDER

22.1 After the successful Bidder/Bidders (as per awards criterion) has been notified that his bid has been accepted,the Owner will send to such Bidder a detailed Purchase Order incorporating all the terms and conditions of thetender and deviation to tender terms if any ,permitted by Owner.

22.2 Within 15 days of receipt of the detailed Purchase Order, the Bidder shall sign and return it to the Owner, intoken of acceptance of the Order. Failure on part of bidder in doing so may result in cancellation of Purchase orderand further action by OWNER in line with tender terms including forfeiture of EMD/Bid security at the solediscretion of OWNER.

23.0 REBATE

23.1 If a bidder offers a rebate unilaterally after the closing date and time of the bid, it will not be taken intoaccount for evaluating purposes, but if that bidder emerges as the lowest evaluated, the rebate offered will betaken into account and shall be binding on the bidder for award of work.

23.2 If a contractor submits his bid, qualifies and does not get the order because of his being not the lowest, hewill be prohibited from working as a subcontractor for the contractor who is executing the order.

Page 28 of 218


P.013702D 11033

036


24.0 FRADULENT PRACTICES

24.1 The OWNER/CONSULTANT require that Bidder/Vendor/ Contractor observe the highest standard of ethicsduring the award/execution of Contract. “Fraudulent Practice” means a misrepresentation of facts in order toinfluence the award of a Contract to the detriment of the OWNER/CONSULTANT and includes collusive practiceamong bidders ( prior to or after bid submission ) designed to establish bid prices at artificial non-competitivelevels and to deprive the OWNER of the benefits of free and open competition.

24.2 The OWNER/CONSULTANT will reject a bid for award if it determines that the bidder recommended foraward has engaged in fraudulent practices in competing for the Contract in question.

24.3 Bidder is required to furnish the complete and correct information/ documents required for evaluation of theirbids, if the information/ documents forming basis of evaluation is found to be false/ forged, the same shall beconsidered adequate ground for rejection of bids.

24.4 In case, the information/ document furnished by the Bidder/vendor/Contractor forming basis of evaluationof his bid is found to be false/ forged after the award of the contract, OWNER shall have full right to terminatethe contract and get the remaining job executed at the risk & cost of such Bidder/Vendor/ Contractor without anyprejudice to other rights available to OWNER under the contract such as forfeiture of CPBG/Security Deposit,withholding of payment etc.

24.5 In case, this issue of submission of false document comes to the notice after execution of work, OWNERshall have full right to forfeit any amount due to the Bidder/Vendor/Contractor along with forfeiture ofCPBG/Security Deposit furnished by the Bidder/Vendor/Contractor. Further, such Bidder/Vendor/ Contractorshall be put on Blacklist /Holiday/ Negative List of OWNER debarring them from future business with OWNERand TE for a time period, as per the prevailing policy of OWNER and TE.

25.0 PRE-BID MEETING

25.1 The bidder is requested to submit any queries/clarification/information pertaining to Bidding Document onHPCL e-Tender website before the specified cut-off date and HPCL reserves the right not to entertain any pre-bidquery after cut-off date. These queries shall be replied during pre-bid meeting or subsequent to the pre-bidmeeting. Reply to Pre-Bid Queries shall be hosted on HPCL Tender website.

25.2 Bidders in their own interest are advised to take part in the pre-bid meeting by deputing their competentpersonnel. This will help bidder not only to cut short of the evaluation time but also enable them to submit theirbest prices based on the clear techno-commercial scope. No discussion on BQC shall be entertained in pre bidmeeting.

26.0 BID SECURITY

26.1 Bidder shall furnish as part of its bid, a Bid Security, in original form and, in the amount and currencyspecified in the IFB/or requisite document for exemption from Bid Security, as applicable. Any bid notaccompanied with a requisite Bid security or the Bid Security not being for the required amount / Bid without Bidsecurity exemption document, shall be summarily rejected by HPCL. Format of Bank Guarantee for Bid Securityis provided in Bidding Forms. Bid Security, in original, must be submitted in the tender box provided at followingaddress on or before Bid due date and time, failing which Bid shall be rejected:

Tractebel Engineering Pvt. Ltd.68, Institutional Area,Sector 44, Gurgaon, Haryana-122002.Tel. No. +91 124 4698500E-mail : [email protected] / [email protected]

Page 29 of 218


P.013702D 11033

036


26.2 In case of a Unincorporated JV/Consortium bid (if permitted as per Bidding Document), the Bid Securityshall be submitted by the “Prime Member” of the Consortium on behalf of consortium in original form and, in theamount and currency specified in the IFB.

26.3 Public sector Enterprises are exempted from furnishing Bid Security subject to submission of declaration tothat effect on their letter head. Bidders registered as Micro / Small Enterprises (MSEs) or with National SmallScale Industries Corporation are also exempted from furnishing Bid Security subject to submission of copy of thevalid registration certificate. In case of Unincorporated JV/Consortium bid, bidder is exempted only if all themembers as well as Leader falls under the exemption, as above.

26.4 Bidders registered as MSEs shall provide the necessary valid documentary evidence issued by DistrictIndustries Centers / Khadi & village industries commission/ Khadi and village industries board/ Coirboard/NSIC/Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Smalland Medium Enterprises clearly identifying that they are registered as MSEs. PSUs shall submit declaration tothis effect on their letterhead.

26.5 HPCL shall not pay any interest on Bid Security furnished. Further, in case bank guarantee/DD/Pay Ordersubmitted is found to be fake, bid of such bidder shall be rejected and may initiate action as deemed necessary asper HPCL Policy.

26.6 Bids must be accompanied with the Bid security as mentioned above in the form of Demand draft includingpay order/ banker’s cheque issued by scheduled bank (other than co-operative bank) payable at Mumbai or non-revocable Bank Guarantee from any Indian Scheduled Bank (other than Co-operative Bank) in favour “HindustanPetroleum Corporation Limited” (as per the proforma attached in the tender document). All foreign bankguarantees will be confirmed by any Indian Scheduled Bank (other than Co-operative Bank).Bidders are advisedto instruct their banks not to post Bid Security directly to HPCL as the same has to be deposited as explainedabove.

Details of beneficiary for issuance of bank guarantees are given below:

Bank Guarantee to be issued in favour of;HINDUSTAN PETROLEUM CORPORATION LIMITEDAddress: 17, Jamshedji Tata Road, Mumbai 400 020.

HPCL Beneficiary’s Bank Name: ICICI BankBank Address : Backbay Reclamation, Mumbai 400 020ISFC Code: ICIC0000393.HPCL’s Customer ID: 508902133

26.7 Alternatively, EMD may be submitted in the form of e-payment. In case of e-payment, bidder shall uploadthe transaction details along with un-priced bid and also submit the same to HPCL Bengaluru office, to enableHPCL to track/verify the payments received.

Procedure for e-submission of EMD:• During bidding process on selection of EMD, vendor will have the option to pay the EMD through e-payment.• On choosing the option of e-payment he will be directed to the payment gateway of the merchant banker.• On successful payment, the success number from the bank will be made available in the e-tendering platformand then only the system will be enabled for submission of bid.• For successful online payments, the payment gateway shall give a success message to the bidder with a facilityto print the confirmation. No separate Cash Receipt shall be provided to the bidder against the online EMDpayment.• For e-payments, relevant payment details shall be secured in the procurement platform till the tender due dateand time.• The tender opening shall be done in e-procurement platform basis success confirmation received from thepayment gateway though the actual EMD amount shall be realized by HPCL subsequently in line with thecontractual agreements with the payment gateway.

Page 30 of 218


P.013702D 11033

036


• At the time of opening the bids e-procurement portal shall display the relevant details of online payment amountalong with success number and success status for the bidder.• EMD will be refunded to the other than lowest evaluated bidder(s) immediately upon finalization of contractthrough payment gateway.

26.8 The bid security shall be valid for Six (6) Months from the original Bid Due Date or beyond any period ofextension if requested under Clause 10.3 of ITB.

26.9 EMD/Bid Security should be refunded to other than lowest evaluated bidder(s), immediately uponcompletion of price evaluation, by means of A/c Payee cheques or e payment or by way of returning BG asapplicable. Also, EMD of late bids/ where unpriced bids not opened, shall be returned after unpriced bid opening.However, in case HPCL decides to cancel / annul the Enquiry / bidding document at any stage during the biddingprocess but before the award of work/ items (as applicable), EMD of the bidders shall be returned at the earliestfrom the date of such decision. EMD of bidder (on whom PO/LOA is placed) shall be released after submissionof PBG as per tender terms. The EMD amount will only be refunded only after adjusting bank charges, asapplicable.

26.10 The bid security shall be forfeited:

(a) if a bidder withdraws its bid during the period of bid validity, or any extension thereto provided by the bidder;or submits multiple bids

(b) on his own modifies his bid during the period of bid validity; or

(c) If the Information/ documents forming basis of evaluation submitted by the bidder in the bid is foundto be false/ forged in accordance with relevant provisions provided in Bidding Document.

(d) if the successful bidder fails to:

(i) Acknowledge the purchase order; and/or(ii) Furnish a Contract performance Bank Guarantee as per the provision of Bidding Document.

(e) Any other provision specifically mentioned in the Bidding Document.

27.0 QUOTED PRICES - PRICE SHALL BE QUOTED CONSIDERING THE FOLLOWING:

The bidder shall quote the prices for items in the Schedule of Rates after careful analysis of cost involved for theperformance of complete work considering all parts of the bidding documents. In case, any activity thoughspecifically not covered but is required to complete the work as per scope of work, scope of supply, specifications,standards, drawings, GTC, STC or any other part of bidding document, the prices quoted shall deemed to beinclusive of cost incurred for such activity.

28.0 IMPORTANT GUIDELINES ON CASHLESS TRANSACTIONS

28.1 Successful Bidders are advised to ensure Cashless mode of Transactions for Payment to their Subcontractorsand Workers. It may be ensured that Bank Accounts are opened for all their Workmen to facilitate such Payments.Special emphasis to be made to educate the Workmen on the advantages of Cashless Transactions.

29.0 REVERSE AUCTION

29.1 Please note that HPCL reserves the right to carry out “ONLINE REVERSE AUCTION”, for determining thelowest bidder, for the requirements mentioned in this Tender Enquiry.

29.2 Bidders are requested to submit their “Un-Priced” & “Priced” bids online as per the “Instructions to Bidders”and other documents attached with the tender. The Un- Priced Bids of the participating bidders will be opened asper the date & time mentioned in the tender calendar. After Techno-Commercial evaluation, in case it is decided

Page 31 of 218


P.013702D 11033

036


to finalize the tender through Online Reverse Auction process, the qualified bidders would be advised regardingthe modalities for participating in the Reverse Auction. In the event of the tender being finalized through ReverseAuction process, the online “Priced” bids submitted by the bidders will not be opened.

29.3 Bidders are requested to confirm their willingness to participate in “Online Reverse Auction”, in the “AgreedTerms & Conditions”, where provision for the same has been provided. Please note that non-acceptance toparticipate in the Reverse Auction process may lead to rejection of your offer.

29.4 Bidders are requested to note that the decision to conduct Reverse Auction or not is entirely at the discretionof HPCL, and in case it is decided not to conduct the Reverse Auction, then the online “Priced Bids” submittedby the vendors shall be opened and lowest bidder shall be determined on the basis of these bids. Bidders arerequested to take specific note of this provision and submit their online “Priced” bids accordingly. The terms &conditions of reverse auction is attached in bidding document.

30. PROVISIONS FOR STARTUPS [APPLICABLE FOR INDIAN BIDDERS ONLY]

(AS DEFINED IN GAZETTE NOTIFICATION NO. D.L-33004/99 DATED 18.02.2016 AND 23.05.2017 OFMINISTRY OF COMMERCE AND INDUSTRY AND AS AMENDED FROM TIME TO TIME)

Not Applicable

E-TENDER INSTRUCTIONS

1.0 This is only a e-Tender Enquiry and not an order. HPCL reserves the right to cancel it at any stage withoutassigning a reason.

2.0 The tender should be submitted online at website https://etender.hpcl.co.in only, by the due date and time, asspecified in the tender. Late / delayed tenders submitted on line after the due date and time, for whatsoever reasonswill not be considered. The Server Date & Time as appearing on the HPCL website (https://etender.hpcl.co.in)shall only be considered for the cut-off date and time for receipt of tenders. Offers sent through post, telegram,fax, telex, e-mail, courier will not be considered.

4.0 All communication regarding the tender including queries, if any, and submission of offers shall be doneonline within the e-Procurement system at website https://etender.hpcl.co.in

5.0 Two Bid System Bidders are required to submit offer in Two parts, namely “Unpriced (Technical Bid)” &“Priced (Priced Bid)”. The Bidder may modify or withdraw his online bid after the bid’s submission on line butprior to the bid due date & time.

6.0 Bidders shall be required to arrange all resources, including Digital Certificate and Internet Connections attheir own cost, for participating in online tenders at HPCL e-Procurement site https://etender.hpcl.co.in. Forsubmitting on line response Digital Certificate / Signatures (Class II/ Class III) shall be mandatory. In case, youare logging in for the first time please ensure to upload your Digital certificate. The process for same is listed inthe Help link after logging in.

7.0 PLEASE LOGIN WITH YOUR EIGHT DIGIT JDE (HPCL) VENDOR CODE AND CORRESPONDINGBILL TRACKING SYSTEM (BTS) PASSWORD TO BID FOR THE TENDER (in case, you do not have EIGHTDIGIT JDE (HPCL) VENDOR CODE , Please contact E proc helpdesk at: 022-42100111 on any day between10.00 AM to 6.00 PM except on Sundays/Public holidays). Alternatively for public tenders vendor can createtemporary login on his own. In case vendor login is not enabled with above help, vendor may contact at 022 –41146666/61548595 In case of any difficulty in logging or in case you do not have the BTS password, pleasecontact (E proc helpdesk at: 022-42100111 on any day between 10.00AM to 6.00PM except on Sundays /Publicholidays.) Please refer to help link after logging in, in case you are new to e-Tender.

Page 32 of 218


P.013702D 11033

036


8.0 HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as submitting offers,including connectivity issues. HPCL shall not be responsible for any postal or other delays in submitting EMD /tender cost wherever applicable.

9.0 HPCL will not be responsible for the cost incurred in preparation and submission of bids including the cost ofdigital certificate, regardless of the conduct of outcome of the biding process.

10.0 Bidders are requested to quote unit rates (per unit quantity) in the on-line price bid only.

11.0 Please do not quote / mention rates anywhere else in the tender other than online price bid. In case biddersquote rates at any other place (other than online price bid), THE OFFER OF PARTY SHALL BE REJECTED.

12.0 Bidders should only quote unit basic rate in the online priced bid format. However, all taxes and duties asapplicable for the tender shall be quoted in the tax section online by the bidders. In case bidders do not quote anytax component/charges or mention the same as “0”, in online Tax sheet/section, it will be considered that all thetaxes/charges are included in rates quoted by the bidder and the same shall be binding to the bidder.

13.0 Request for extension of tender submission due date, if any, shall be considered at the sole discretion ofHPCL however, request for extension received within two (2) days for limited tenders / three (3) days for publictender of tender submission due date /time shall not be considered.

14.0 The HPCL may, at its discretion, on giving reasonable notice online to extend the bid due date, in which caseall rights and obligations of the HPCL and the Bidders, previously subject to the bid due date, shall thereafter besubject to the new bid due date as extended.

15.0 Please note that queries related to scope of job, tender specifications, terms & conditions etc should besubmitted on –line only (by logging in at https://etender.hpcl.co.in) by the query end date / time specified in theonline tender. The reply of queries sent by bidders/ messages issued by HPCL pertaining to tender shall beavailable on tender message board. HPCL, at its sole discretion, may not entertain the queries sent by post / fax/e-mail or through any other mode of communication.

16.0 BID CLARIFICATIONS/AMENDMENTS BY HPCL

HPCL may issue clarifications / amendments in the form of online addendum / corrigendum and on MessageBoard at https://etender.hpcl.co.in during the bidding period and may also issue amendmentssubsequent to receiving the bids. Bidders shall consider the addendum/corrigendum/Messages on Message Boardwhile quoting for the tender. Bidders shall examine the Bidding Document thoroughly and submit to HPCL /HPCL any apparent conflict, discrepancy or error. HPCL / HPCL shall issue appropriate clarifications oramendments, if required. Any failure by Bidder to comply with the aforesaid shall not excuse the Bidder fromperforming the Services in accordance with the contract if subsequently awarded.

17.0 In case any deviation sought by bidder is accepted by HPCL, HPCL reserves the right to suitably load thebidder for evaluation purpose only.

18.0 DEVIATIONS TO TENDER TERMS:

1.0 Bidders are requested to accept tender terms/conditions in totality and should avoid deviations.

2.0 In case deviations to tender terms/conditions are unavoidable, the same should be mentioned in ONLINEDEVIATION SHEET. Deviations mentioned elsewhere shall not be considered by HPCL.

3.0 In case, bidder is evaluated L1 bidder and has mentioned deviation to tender terms not in online deviationsheet , but elsewhere and is not withdrawing those deviations, HPCL may forfeit the EMD (IF APPLICABLE) ofthe bidder in such cases.

Page 33 of 218


P.013702D 11033

036


4.0 No new deviation will be received/ accepted from bidder after bid due date. Incase bidder submits newdeviation, his bid will be rejected. At the sole discretion of the HPCL bidder may be given opportunity to withdrawthe deviation and in case the same is not withdrawn by the bidder, the offer of the bidder shall be rejected & EMD/bid security (if applicable) submitted by the bidder shall be forfeited.

19.0 Bidder submission file size limit is 40 MB. However, bidders must attempt to submit bids only in non-peakhours as there could be chances of packet droppings in peak hour. Further, bidders must be educated on efficientscanning techniques at lower dpi so that more no of pages can be scanned by them within lesser file size limits.Lower file size would also mean, easier submission of bid documents by the vendor.

20.0 Effective 29-01-2019, the generated Vendor bids shall contain only following three components (excludingcomplete tender specification document):

• Tender Header Information (E.g. Tender No. / Tender Title / Publish Date / Due Date etc.)• Tender Line Information (E.g. Item No. / Description / Unit of Measure / Quantity etc.)• Vendors Uploaded Document (E.g. Credentials, Declarations, Deviation etc.)

This initiative will drastically reduce the size of the bid generated and submitted by vendors (as the tender specswill not be repeated in the bid generated by vendor). It will greatly ease the vendors in the process of generatingbids (of smaller size) and will be easier to submit a confirmation on having seen and understood the tenderspecification document as a part of system generated bid document.

Page 34 of 218

Rev.0 Laying of Coated Line Pipes for CGD Project

Reverse Auction – Terms &Conditions and Procedure

P.013702D 11033

036

Reverse Auction – Terms & Conditions and Procedure

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

Terms & Conditions

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

2. Online reverse auction shall be conducted by HPCL on a specified date and time. Thevendors shall be participating in the reverse auction from their own offices / place of theirchoice. Internet connectivity shall have to be ensured by the bidders themselves. HPCL shallnot 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 anyother unforeseen conditions) from HPCL’s end, fax/ E-Mail communication shall have to bemade immediately, to concerned purchase officer of HPCL. No such request shall beentertained beyond one hour of the RA closing time. To provide equal opportunity, HPCL maydecide 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 afterRA closing time.

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

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

6. In case of decision to extend Reverse Auction, intimation mail may go out to all vendorswithin a day of investigation closure. Vendors shall generally be given intimation, a day inadvance before extended Reverse Auction is commenced. The Reverse Auction shallcommence from the last saved decrement value and shall be open for period of originalduration from commencement.

Page 35 of 218



P.013702D 11033

036

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 andProcedure specified herewith. Please note that non acceptance to participate in the ReverseAuction 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 & dutiesquoted by the bidder, and loading on account of commercial deviations, if any. The loadingfactors shall be displayed in the portal prior to the date scheduled for Reverse AuctionEvent.

9. Bidders are encouraged to understand the Loading factors applied on their bids at theearliest, on getting intimation regarding same. In case of any objection to the appliedloading factor same shall be brought to the notice of Purchase officer immediately. Nofurther communication on this ground will be entertained after publishing of Reverseauction.

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

11. In case of overall evaluation tenders or schedule wise evaluation tender, the Reverseauction 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 individualitem rates with get reduced on pro-rated basis as the decrements are effected duringreverse auction event.

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

14. Vendors shall ensure to quote the statutory taxes only in percentage basis and not inamount 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 suchcases the basic reverse Auction shall be carried out in INR currency only. However bidders

Page 36 of 218



P.013702D 11033

036

having submitted bids in any of the following four currencies – USD, EUR, GBP, JPY shall beable to view the basic rates (in original currency) corresponding to contemplated decrementin 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 linewith tender condition.

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

18. Order may be placed on the lowest bidder, emerging out of the reverse auction process andHPCL’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 theprice at any time before ordering.

20. HPCL reserves the right to cancel the reverse auction after event is scheduled but beforeactual event taking place or after the reverse auction has completed in case of failure or anyother 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 andidentification of L1 vendor and Reverse Auction was also part of tender, reasons forcancellation shall be conveyed to all vendors.

22. During Reverse Auction Process, if no bids are received within the scheduled/rescheduleddate & specified time of the reverse auction, HPCL at its discretion can scrap the reverseauction and proceed with the opening of the Electronic priced bids submitted by thebidders. 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/servicesat the final bid price, and as per the specifications mentioned in the tender. Should thebidder back out and not make the supplies as per the rates quoted or in case the materialsupplied/services is not as per specifications mentioned in the tender, HPCL shall takeappropriate action as per the terms & conditions mentioned in the tender.

Page 37 of 218



P.013702D 11033

031

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

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

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

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

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

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

30. The Bidder shall not involve himself or any of his representatives in Price manipulation ofany 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 anyother 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 byHPCL after the first posting and the Bidder continues to access the site after that time, itshall be presumed that the bidder has accepted the changes.

34. HPCL shall not be responsible for any damages, including damages that result from, but arenot 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 electronicinformation etc.

Page 38 of 218



P.013702D 11033

031

Reverse Auction Procedure

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

2. Reverse Auction shall be available to Bidder only after two factor authentication. Initiallyvendor 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/participatein ongoing/upcoming reverse auctions.

3. Brief procedure to participate in RA:

I. Bidders may click on “Reverse Auction document”, and download the sameto their local PC.

I. The downloaded document shall be digitally signed and uploaded after theRA event becomes active". The signed document may be kept ready forupload beforehand.

II. 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 RAevent’ or HPCL’s in-house estimate}, which shall be visible to all the vendors at the startof 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 reducetheir bids at a time on the Reverse Auction Portal. This amount is referred as the ‘biddecrement factor’ and shall be specified by HPCL.

6. Bidders shall start bidding from this Bench Mark Price. The bidder can bid lower than theprevailing Lowest Bid at any time during the event by one decrement or multiples of theBid 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 submitfresh quotes. The process takes less than a few seconds.

Page 39 of 218



P.013702D 11033

031

8. The bidder shall be able to view the following values on his screen along with the othernecessary 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, forguidance.

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 thecontemplated bid value and “Leading Bid” shall show the current lowest bid value assubmitted by any of the vendors.

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

12. After the Reverse auction is over successfully and closed by purchase officer, vendor canwitness 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 Auctionseparately at the discretion of HPCL.

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

15. In case of SOR type tenders, where vendor has quoted a single percentage plus or minusagainst the offered rate, the decrement shall be applicable on the bench mark value onbase of 100 (i.e. it could be 107 in case of plus 7% or 94 in case of minus 6 percent). Thisvalue 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 separatedecrement option.

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

Page 40 of 218



P.013702D 11033

031

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

19. Vendors may seek telephonic guidance before or during the Reverse auction processfrom Helpdesk support at 022-41146666 or 022-61548595, between 8.00 AM to 8.00PM 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 ofany contradiction between the “RA procedure for POL transport tender” and “RA terms andcondition or procedure” the provisions of “RA procedure for POL transport tender” shallsupersede the latter.

I. The Tender for POL transport shall be floated with two covers Technical Bid and PricedBid.

I. Bidders will have option to upload their complete truck details in Excel format (convertedto pdf) during bid submission.

II. There will be system based validation to ensure that bidders quote their rate for eachsector only within the specified priced band.

IV. At techno-commercial evaluation stage, user department will be able to accept or rejecttrucks based on tender criteria. There will be feature to reject bidders also based ontender criteria.

V. Post completion of Techno-commercial evaluation, there will be option toa. Open Priced bid and generate Recap, followed by 2nd layer Recap for Truck

ranking. ORb. 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.VI. 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 orall.VII. 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 lineitem of the Schedule and his bid will then become leading bid for that line item.

Page 41 of 218



P.013702D 11033

031

XI. Additionally, bidder will also get option to submit his bid lower than his Previous bid foreach line item, even if it is not lower than the leading bid value.

XI. RA shall be configured for a period of one hour and may get extended by 5 minutes incase any bid lower than prevailing lowest bid for any line item is received in the last 5minutes.

XII. In case, one of the bidders have already quoted at the lowest of the band for all line itemswithin the first 55 minutes of the RA event, there will be no extension of RA, even if bidsare submitted in the last 5 minutes of RA event. However, the RA will be open for full onehour for other bidders to quote lower than their previous bid, in order to improve theirrank.

XIV. Bidders will be allowed to match line item wise lowest of the band, even if one of thebidders 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 beoption to cancel the RA event and go for opening of Priced bids followed by Systemgenerated Recap.

XVI. There shall be feature to postpone or extend the RA, based on user requirement or incase of exigency.

XVII. The "Set of L1" shall be identified from the system recap based on the net outgo to theCorporation 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 tenderrequirement.

XX. Post identification of Set of L1 bidders, either of the following process to be carried outwith these selected bidders

a. Offline Counter offer to these bidders to match lowest rate or reduce from theirquoted rate.

b. Counter offer through Online platform, to selected bidders, to match lowest rateor reduce from their quoted rate

Page 42 of 218

Reverse Auction ProcessVendor Manual

P.013702D 11033

036


Hindustan Petroleum Corporation LtdInformation Systems Department

Sewree Mumbai

E-Procurement application

Version 2.2

Version Release Date 7th February 2017


Page 43 of 218


P.013702D 11033

036


All information contained in or disclosed in this document, herein aftercalled ‘Confidential Information’, is proprietary to Hindustan PetroleumCorporation. By accepting this material, the recipient agrees that thisConfidential Information will be held in confidence, and will not bereproduced, disclosed or used either in whole or in part, without priorpermission from Hindustan Petroleum Corporation.

NOTICE OF PROPRIETARY INFORMATION

Document Revision ListProject E−ProcurementDocument Name Vendor Manual − Procedure for Reverse Auc on

Document Created By Manjusri Maddala Date 30th April 2015Document Reviewed By Anupam Das Date 30th April 2015Document Approved By Sanjay Dasgupta Date 30th April 2015

Revisions /Change Control

Date Version Author Reason

30th Apr 2015 1.0 Manjusri Maddala Initial Version

28th Feb 2016 1.1 Manjusri Maddala Changes Included:· Section on RA Extension Clause· Enhanced Additional E−mails· Application of loading factor· Label changes in RA screen

10th May 2016 2.0 Manjusri Maddala Changes Included:· Removal of view server time· Removal of check updates button· Introduction of digital clock

Page 44 of 218


P.013702D 11033

036


28th July2016

2.1 ManjusriMaddala

Changes Included:Global Reverse Auction screens included

7th Feb 2017 2.2 ManjusriMaddala

Changes Included:New procedure for participation inReverse Auction includedNew RA link and screens

Abbreviations usedHPCL Hindustan Petroleum Corporation LtdE−Proc E−ProcurementRA Reverse AuctionNon SOR Tender not on Schedule of RatesSOR Schedule of RatesDev DeviationRev.Auc.Document Reverse Auction document

Page 45 of 218


P.013702D 11033

036


Table of Contents1 Introduction ......................................................................................................................................... 5

1.1 Login to Reverse Auction Portal ........................................................................................................ 5

2 Witnessing Loading factors ................................................................................................................... 8

3 Reverse Auction Participation Process .................................................................................................. 8

3.1 Steps for Participating in Reverse Auction ......................................................................................... 9

3.2 Screen for Non−SOR Tenders (Tenders not having schedule of rates) .............................................. 13

3.3 Screen for Schedule of rates Tenders .............................................................................................. 16

3.4 Screen for Multi−currency Tenders ................................................................................................. 18

4 Procedure for Submission of new reduced bid .................................................................................... 19

4.1 Benchmark price calculation ........................................................................................................... 19

5 Reverse Auction Closure ..................................................................................................................... 21

6 Refreshing of screen ........................................................................................................................... 21

7 RA winner document .......................................................................................................................... 22

8 Multiple Reverse Auctions .................................................................................................................. 23

9 Postponement / Cancellation of Reverse Auctions ........................................................................... 24

10 RA extension ................................................................................................................................... 24

11 Reports ........................................................................................................................................... 25

12 Email Messages to Bidders .............................................................................................................. 26

Page 46 of 218


P.013702D 11033

036


Please note − If a bid is rejected in techno−commercial stage for any reason, emailintimation will be sent to bidder, citing reason for rejection. Hence, in such a scenariothe bidder will not get intimation to participate in the RA.

1 Introduction

In E−Procurement applica on, Reverse Auc on will be ini ated by HPCL as soon as Technical andCommercial Evaluation is completed for the tender.

All the eligible bidders will be notified through e−mail which will contain the Tender number,Reverse Auction date and time. HPCL RA Process will have the following steps

· Notifying eligible bidders regarding RA event schedule · Publish Reverse Auction in Portal informing event schedule date & time. · Reverse auction event will automatically go live on scheduled date and time · Conduct Reverse auction / Postpone or Cancel Reverse Auction · Reverse Auction Closure · Publishing RA Winner document

1.1 Login to Reverse Auction Portal

To participate in RA, Bidder should type the URL https://etender.hpcl.co.in/ in the (InternetExplorer 7 or above) address bar and click “Enter”. Please note that application will not functionproperly in other browsers such as Chrome/Firefox/Safari etc.

Once the Login screen is scheduled, bidder can go to reverse Auction Portal in two methods.

1. Method 1: Existing Bidder should enter his 8 digit Vendor code in “User ID” field andpassword as issued for “Bill Tracking system” to login in the screen shown below.Temporary registered bidder shall enter his email Id in “Email Id” field and correspondingpassword.

Page 47 of 218


P.013702D 11033

036


In case of any issues in logging in to the portal, bidders are requested to contact thehelp desk. The help desk details are available on the login page of the portal.

After successful login, bidder is prompted to accept the “User Agreement” for accessing theportal. This is mandatory. Bidders will have option to download / read the User Agreement byclicking on the hyperlink before accepting.

After acceptance of User Agreement, the Bidder is taken to the Home Screen. The Home Screenhas various menu options on the left side and reverse auction marquee “Upcoming/ OngoingReverse Auctions” on the right side. Link for reverse Auctions appears on right side.

Bidder to click on this link and again login into the system.

Page 48 of 218


P.013702D 11033

036


The Reverse Auction marquee contains the list of tenders for which RA is scheduled. (Pleasesee image below)

2. Method 2: Bidder to click on link “click here for Login to Participate in Reverse Auction’ belowuser ID and Password boxes. Reverse Auction portal login screen will be scheduled and bidderto put user ID and password to enter into Reverse Auction Portal.

Page 49 of 218


P.013702D 11033

036


2 Witnessing Loading factors

HPCL may apply the commercial loading, if any, on the basis of commercial terms and conditions, taxesquoted by the bidder, other commercial deviations etc. These loading factors are applied on basic price.The loading factors (if any) shall be displayed in the portal prior to the date scheduled for Reverse AuctionEvent. An E−Mail shall be triggered by the system to the bidders for information.

Before the bidder proceeds for participating in Reverse Auction, bidders can witness loading factors through“Witness bid opening” option in the menu.

3 Reverse Auction Participation Process

Bidder should click on ‘Reverse Auction’ option from the menu page.

Page 50 of 218


P.013702D 11033

036


Once the menu option is selected the following Screen is scheduled where bidder can see Upcoming RAsand Ongoing RAs.

Bidders should select the tender number by checking in box and follow the steps given below forobtaining Reverse Auction password for the specific tender.

3.1 Steps for Participating in Reverse Auction

Portal activity:

1. Click on ‘Rev.Auc.Document’ (Reverse Auction Document)2. Save the downloaded Reverse Auction document

Page 51 of 218


P.013702D 11033

036


Offline activity

1. Open Signing utility2. Select appropriate signing certificate and browse the saved Reverse Auction document3. Click on sign document

Page 52 of 218


P.013702D 11033

036


Enter token password

Signed document will be generated successfully

Click on ‘OK’.

Page 53 of 218


P.013702D 11033

036


4. Click on ‘signed Rev.Auc.document’ under ‘upload’

5. Browse the signed document and upload

6. Tender reverse Auction row changes to gray colour on successful uploading of signedreverse Auction documents.

7. Click on ‘Participate in selected Reverse Auctions’.

Page 54 of 218


P.013702D 11033

036


Bidders should select appropriate tender and click on "Participate in Selected Reverse Auctions"button. On selecting the participation button, reverse auction screen will be displayed.

The following sections describe the screens which are displayed for Non−SOR (non−Schedule ofrates) and SOR (Schedule of rates) tenders respectively.

3.2 Screen for Non-SOR Tenders (Tenders not having schedule of rates)

Upon selecting a Non−SOR tender (Tenders not having schedule of rates) for par cipa ng in thebidding process, the following screen is displayed.

Page 55 of 218


P.013702D 11033

036


Field descriptions in Non−SOR Screen: The following fields are available in Non−SOR screen

· Previous Bid: At the start of the Reverse Auction this field will display Bidder’s original quotegiven in Price bid. However, during the Reverse Auction, this field will show the previous quotesubmitted by bidder.

· Current Landed Cost: Bench Mark Price will be shown for first bid and thereafter latest bid asreceived by HPCL for successive bids.

· Increment/ Decrement Landed Cost by << 0.00 % >>: This field shows Reverse Auctiondecrement percentage or decrement amount as pre−set by HPCL. In the above example bidderscan decrease the rate by 0.5%.

· Upward-downward arrows are for arriving at proposed rate: Bidders can arrive at the proposedamount by clicking the upward and downward arrow. No bid is submitted at this stage. Bidderscan increase the rate for arithmetic comparison but cannot submit the quote. In case the biddertries to submit an increased quote the following error message will be displayed.

· Leading Bid: At the start of RA process, this field will show the Bench Mark Price. Subsequentlywhile auction is in progress, this field will show latest minimum quote submitted by the

Page 56 of 218


P.013702D 11033

036


participating bidders.

· Submit Current Quote: This field has a Blue coloured button labelled as “Submit Quote”. Thisbutton is to be used by the bidder for actually submitting the revised quote. Bidder shouldremember to click on the corresponding radio button before click on “Submit”.

· Line Details: The Line details field has a blue button labelled as “Show” button. If bidder clickson “show” button a popup screen is displayed. Bidders should click on the “Show” button tocheck individual item rates against a proposed amount, which has been arrived at by clicking“upward / downward arrow”. No bid is submitted by clicking “Show” button. In the popupscreen bidder should click on “Calculate line wise values as per current landed cost” button tosee detailed calculations for each of his decrement quotes.

· History: The History field has a blue button labelled as “Submissions”. Clicking on the“Submissions” button shows details of quotes submitted by the bidder with date and time.Bidders Price bid quote is also visible in submissions.

· Reverse Auction logout: This button is useful for screen logout.

Page 57 of 218


P.013702D 11033

036


· Digital clock: Digital clock displays server time.

3.3 Screen for Schedule of rates TendersUpon selecting a SOR tender for participating in the bidding process, the following screen is displayed.

Field descriptions in SOR Screen: The following fields are available in SOR screen:

· Previous Bid: At the start of the Reverse Auction this field will display Bidder’s original quotegiven in Price bid. However, during the Reverse Auction, this field will show the previous quotesubmitted by bidder.

· Current deviating %: Bench Mark Price will be shown here in the initial screen and latest bidreceived by HPCL for successive bids.

· Increment/ Decrement Deviating % by << 0.00 % >>: This field shows Reverse Auctiondecrement percentage pre−set by HPCL. In the above example bidders can decrease the rate by0.5%.

· Upward-downward arrows are for arriving at proposed rate: Bidders can arrive at the proposedamount by clicking the upward and downward arrow. No bid is submitted at this stage. Bidderscan increase the rate for arithmetic comparison but cannot submit the quote. In case the biddertries to submit an increased quote the following error message will be displayed.

Page 58 of 218


P.013702D 11033

036


· Submit Current Quote: This field has a Blue coloured button labelled as “Submit Quote”. This button is to be used by the bidder for submitting the actual RA quote.

· Leading Bid: This is the latest minimum submitted quote while Reverse Auction is in progress.At the start of Reverse Auction, leading bid is the Bench Mark Price. The leading bid is displayed as a percentage of SOR rate. In the above example screen shot, theleading bid is 61.54% of SOR rates which is 38.46% less than SOR rate. If the leading bid is aboveSOR rate it will be displayed as 100+ percentage ie. a leading bid which is 5.5% above SOR wouldbe displayed as 105.50.

· Line Details: The Line details field has a blue button labelled as “Show” button. If bidder clickson “show” button a popup screen is displayed. Bidders should click on the “Show” button tocheck individual item rates against a proposed amount, which has been arrived at by clicking“upward / downward arrow”. No bid is submitted by clicking “Show” button. In the popupscreen bidder should click on “Calculate line wise values as per current dev %” button to seedetailed calculations for each decrement.

· History: The History field has a blue button labelled as “Submissions”. Clicking on the“Submissions” button shows details of quotes submitted by the bidder with date and time.

Page 59 of 218


P.013702D 11033

036


Bidders Priced bid quote is also visible in submissions.

3.4 Screen for Multi-currency Tenders:

Upon selecting a Non−SOR Global tender (with mul currencies) for participating in the Reverseauction bidding process, the following screen is displayed. Bench Mark shall be in INR currencyonly.Field descriptions are as shown in section 3.2.

· Leading Bid: This field will show the Bench Mark Price in INR currency. Bidders are requested tosubmit reduce rates in INR only.

· Line Details: If bidder clicks on “show” button a popup screen is displayed. Bidders can viewindividual item rates against an intermediate decrement, (arrived at by clicking “upward /downward arrow”). No bid is submitted by clicking “Show” button. In the popup screen bidder

Page 60 of 218


P.013702D 11033

036


should click on “Calculate line wise values as per current landed cost” button to see detailedcalculations for each of his decrement quotes.

· For multi−currency tenders, currency exchange rate shall be visible in show screen. This currencyexchange rate shall be of unpriced bid opening date. Basic rates are displayed in originalcurrency. For every decrement in INR, corresponding item rates are visible in original currency.

· In case rates for certain lines are quoted in INR, the currency exchange rate shall be displayed as1 (one).

4 Procedure for Submission of new reduced bid

Reverse auction shall be held for a period of 60 minutes. The auction process automatically gets extendedby a further period of 5 minutes in case of receipt of any fresh bid during the last 5 minutes of the auctionperiod. This process will continue until no bids are received in the last 5 minutes of the auction. Thereafterreverse auction shall get automatically closed.

During the bidding process, Bidders should use the increment/Decrement arrow keys to revise their bids.After the decrement is done, bidders should press the “SUBMIT” button to submit the fresh bid.

Upon submission of fresh bid, the bidder will be able to see his fresh bid in “Previous Bid” field.

4.1 Benchmark price calculation

As per the latest Reverse auction terms and condition, the benchmark price shall be the lowest of theprices quoted by techno−commercially accepted vendor’s bids vis−à−vis HPCL estimated rates. Thebenchmark price is discreetly calculated by system without revealing the vendors identity.

Please note -

Page 61 of 218


P.013702D 11033

036


During the entire bidding process, the bidder’s identity vis−à−vis quoted price shall beconfidential.

If a competitor submits a fresh reduced bid, the field “Leading Bid” for SOR or Non−SORtenders will show the latest bid. This happens instantaneously and would be visible to allbidders on their screens.

It may be noted that if two bidders submit the quote almost at the same time, the system willconsider the bidders rate/fquote which hits the system first. This time difference is logged tillthe mille second. In such a scenario, the system will send the following message to the secondbidder cautioning him that the bid submitted is not the lowest bid.

Page 62 of 218


P.013702D 11033

036


5 Reverse Auction Closure

As explained in section 3 above, the RA process will continue until no bids are received in the last 5minutes of the basic auction period (60 mins) or extended auction period.If no bid is received in the last 5 minute period, reverse auction shall get automatically closed. Themoment RA is completed, colour of auction line changes to ‘yellow’ and submit button will be disabled.This indicates the closure of Reverse Auction.

6 Refreshing of screen

Bidders can refresh the screen by clicking on ‘Reverse Auction’ menu option in left pane, select theappropriate tender and click on participate in reverse auction button.

Page 63 of 218


P.013702D 11033

036


7 RA winner document

After completion of Reverse Auction, Lowest bidder will get an email intimation to downloadand submit the RA winner document.Vendor can download the ‘RA winner document’ by to clicking on the “Generate Browse &submit Winner Document” button available in “RA Winner Document” menu option as shownbelow.

The successful bidder should -· Select tender and click on ‘Generate selected Tender Document’. · Save the document and sign it using signing utility. · Select the signed document by browsing · Submit signed Reverse Auction document. · Bidder can save the following confirmation message generated by system for records.

Page 64 of 218


P.013702D 11033

036


8 Multiple Reverse Auctions

If a bidder wishes to participate in more than one RA at the same time, bidder should select all tenders anddownload and enter passwords for each selected tenders and click on ‘participate in selected ReverseActions’ button.

Please note a bidder can participate in upto 5 Reverse Auctions on the same screen at a time. Also,passwords are different for each of the different Reverse auction on same or different tenders.

On selecting multiple RAs the following screen is displayed.

Page 65 of 218


P.013702D 11033

036


The procedure for participating in each of the multiple reverse auctions is same as that of participating ina single reverse auction explained in various sections above.

· Scrolling Message on Upcoming RA: If one RA is in progress and another RA is going to start, theeligible bidder will see a scrolling message ‘Upcoming Reverse Auction: ……Tender no….. starttime……’ on the screen.

9 Postponement / Cancellation of Reverse Auctions

In case HPCL decides to postpone or Cancel a scheduled Reverse Auction, all eligible bidders will be informedby suitable e−mails well in advance.

In case of RA Cancellation due to RA failure or any other reason, bidders will also be informed by email towitness the price bids on the portal at scheduled date and time. A mail message will be received by eligiblebidders towards this.

10 RA extension

· In extreme case of Server outage, network outage or failure of Internet connectivity, (or any otherunforeseen conditions) from HPCL’s end, fax/ E−Mail communica on shall have to be madeimmediately, to concerned purchase officer of HPCL. No such request shall be entertained beyondone hour of the RA closing time. To provide equal opportunity, HPCL may decide to extend theReverse auction at their discretion, but not as the right of the bidder. The vendors participating inReverse Auction process shall be kept on standby for 1 Hour after RA closing time.

Page 66 of 218


P.013702D 11033

036


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

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

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

11 Reports:

Bidder can see ‘list of Reverse Auctions participated’ thru Reports.By clicking on ‘Participated Reverse Auctions’ in Reports tab, Bidder can see tender number, tenderdescription, RA start date and End date , Closing Bid value and Bench Mark Price along with their ownsubmitted bids along with date and time.

Page 67 of 218


P.013702D 11033

036


Evaluation has been completed for Tender / Schedules / Lines: 10−02−2016 16:36:25 in the system.Please login to the site https://etender.hpcl.co.in and click Witness bid opening tab to witness loadingfactor if any against above tender. Note: This is system Generated Mail. Pls do not reply to this email.

Reverse Auction has been called for a schedule of above tender. Please login to your account. Go toreverse auction tab. Download RA Document. Sign it with the appropriate certificate and upload iton the same page to proceed for participation in reverse auction.. RA Desc : Schedule A RA Date On:18−05−2016 16:05:00. Please login to witness your Loading Factors before par cipa ng in ReverseAuction on schedule date and time. You may refer the help manual available in portal to understandthe RA process.Please ensure to login on the scheduled date and time to participate in the reverse auction. Youmay also contact Helpdesk at 022−4114666 between 8.00 AM to 8.00 PM for any kind of support onthe RA process.

Reverse Auction has been concluded for a schedule of above Tender. Tender Number: XXXXXXXXX, RA No:356 ,RA Desc: SCHEDULED A ,RA Date:26−MAR−2015:12:00 You are the lowest bidder onthe recently concluded RA against subject tender. Please click on RA winner doc tab and submitthe digitally signed RA winner document, generated from system as a token of confirmation tothe final rate submitted by you. HPCL reserves the right to further negotiate the prices with lowestbidder for reducing the price / cancel the reverse auction process/tender at any time beforeordering without assigning any reasons except in cases where tender is required to be cancelledafter opening of priced bid and identification of L1 vendor wherein reasons for cancellation areto be conveyed to the L1 vendor.

12 Email Messages to BiddersAll eligible bidders will be getting e−mails pertaining to Reverse Auctions from time to time. A list of suche− mails is given below −

· Email Regarding witnessing of loading factors

· Mail Regarding Reverse Auction date & Time (including Loading factors)

· Email regarding Reverse Auction Winner document:

Page 68 of 218


P.013702D 11033

036


· Email Regarding postponement of Reverse Auction

· Email regarding Cancellation of Reverse Auction

· Reverse Auction Extension Mail

Reverse Auction has been extended for a schedule of above tender scheduled at 22−Apr−2015 14:00has been extended and new event time is 04−Feb−2016 15:00. We regret the inconvenience caused.Please login to your account in http://etender.hpcl.co.in , Click on Reverse Auction tab and participatein Reverse Auction with new decrypted password.

Reverse Auction for Tender No 15000016−HB−10003 − Demo Tenders scheduled at 20−Apr−201515:45 is cancelled. Bid opening can be witnessed from 20−Apr−2015 16:00 onwards. RA is cancelled

Reverse Auction for Tender No 15000017-HB-10807 - SOR TENDERS scheduled at 01-May-2015 12:00 is postponed to 01-May-2015 15:00. Please ensure to login on the scheduleddate and time at 01-May-2015 15:00 to participate in the reverse auction event. RA slot is notavailable

Page 69 of 218

GENERAL TERMSAND CONDITIONS

(GTC)

P.013702D 11034

036




LAYING OF 3LPE COATED LINE PIPES FOR CITY GAS DISTRIBUTIONPROJECT

SECTION-III

GENERAL TERMS AND CONDITIONS (GTC)

Page 70 of 218


(GTC)

P.013702D 11034

036


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 perdetails & address mentioned in the unpriced bid) and undersigned (digitally) is authorized to submit the bidon behalf of tenderer.

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

1.4 It is the clear understanding between Hindustan Petroleum Corporation Limited and the tendererthat in case the bid of tenderer is accepted by Hindustan Petroleum Corporation Limited and anintimation to that effect is so issued and also a Procurement Order is on the tenderer thisdocument shall form part of the Contract between the parties and terms and conditions hereunder wouldgovern the parties interest.

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

1.6 Special conditions of Contract: The special conditions of contract, if any provided and whenever andwherever 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 sorequires. Notwithstanding the subdivision of the documents into separate sections, parts volumes, everysection, part or volume shall be deemed to be supplementary or complementary to each other and shall beread 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 shallnot be arbitrable.

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

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

1. Contract Agreement2. Detailed Letter of Acceptance along with its enclosures3. Letter of Award / Fax of Acceptance4. Job Specifications (specific to particular job only)5. Drawings6. Special Conditions of Contract7. Technical Specifications8. Instructions to Bidders9. General Conditions of Contract10. Other Documents

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

Page 71 of 218


(GTC)

P.013702D 11034

036


2. DEFINITIONSIn this contract unless otherwise specifically provided or defined and unless a contrary intention appears from thecontract 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 so appointed, nominated ordesignated 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 effectadditions to or deletion from or alterations into the Work.

2.5 The "Construction Equipment" means all appliances and equipment of whatsoever nature for the usein or for the execution, completion, operation or maintenance of the work except those intended to formpart 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 documentsconnected 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 andcommissioning of the works and the period of contract mentioned in the Contract including such periods oftime extensions as may be granted by the owner at the request of the contractor and such period of timefor 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 theOwner and includes the Contractor's legal heirs, representative, successor(s) and permitted assignees.

2.8 The "Drawings" shall include maps, plans and tracings or prints thereof with any modifications approved inwriting by the Engineer-in-Charge and such other drawings as may, from time to time, be furnished orapproved 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 theOwner 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 Indiahaving 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 theirsuccessors or assignees.

2.11 The “Permanent Work" means and includes works which form a part of the work to be handed over to theOwner by the Contractor on completion of the contract.

2.12 The "Project Manager" shall mean the Project Manager of HINDUSTAN PETROLEUM CORPORATIONLIMITED, 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) forpurpose of performing the Contract.

2.14 The "Specifications" shall mean the various technical and other specifications attached and referred to in thetender documents. It shall also include the latest editions, including all addenda/corrigenda or relevantIndian 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 partof 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 ofsuch person, firm or Company.

2.16 The "Temporary Work" means and includes all such works which are a part of the contract for execution ofthe permanent work but does not form part of the permanent work confirming to practices,procedures applicable rules and regulations relevant in that behalf.

Page 72 of 218


(GTC)

P.013702D 11034

036


2.17 The "Tender" means the document submitted by a person or authority for carrying out the work and theTenderer means a person or authority who submits the tender offering to carry out the work as per the termsand conditions.

2.18 The "Work" shall mean the works to be executed in accordance with the Contract or part thereof asthe case may be and shall include extra, additional, altered or substituted works as maybe required for thepurposes 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 procuringvarious construction and other material and their availability, and shall obtain information on all matters andconditions as they may feel necessary for the execution of the works as intended by the Owners and shallalso satisfy of the availability of suitable water for construction of civil works and for drinking purpose and powerrequired for fabrication work etc. Tenderer, whose tender may be accepted and with whom the Contract isentered into shall not be eligible and be able to make any claim on any of the said counts in what so evermanner for what so ever reasons at any point of time and such a claim shall not be raised as a dispute andshall 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 ofhis tender for the works and of the rates and prices quoted in the schedule of quantities which rates andprices 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 strictlyenforced and that no work will be considered as extra work and allowed and paid for unless they areclearly outside the scope, spirit, meaning of the Contract and intent of the Owner and have been soordered in writing by Owner and/or Engineer-in-Charge/Site-in-Charge, whose decision shall be final andbinding.

3.4 Before filling the Tender the Contractor will check and satisfy all drawings and materials to be procuredand the schedule of quantities by obtaining clarification from the Owner on all the items as may be desiredby the Tenderer. No claim for any alleged loss or compensation will be entertained on this account, aftersubmission 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 theTender rates or prices quoted will be permitted throughout the period of contract or the period ofactual completion of the job whichever is later on account of any variation in prices of materials or cost oflabour 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 beapplicable for variations upto plus or minus 25% of the contract value. No revision of schedule of rates will bepermitted for such variations in the contract value, including variations of individual quantities, addition ofnew 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 anytenderer(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 andmentioned specifically in that regard in condition of Contract, in which case, the cost of such material iftaken 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 beheld to include wastage on materials, carriage and cartage, carrying in and return of empties, hoisting,setting, fitting and fixing in position and all other expenses necessary in and for the full and complete

Page 73 of 218


(GTC)

P.013702D 11034

036


execution and completion of works and in accordance with good practice and recognised principles in thatregard.

3.9 Employees of the State and Central Govt. and employees of the Public Sector Undertakings, including retiredemployees are covered under their respective service conditions/rules in regard to their submitting thetender. All such persons should ensure compliance to the respective/applicable conditions, rules etc. Anyperson not complying with those rules etc. but submitting the tender in violation of such rules, afterbeing 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 sufferanceof 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 inthe tender conditions, from the date of opening of the tender. The Tenderer shall not be entitled duringthe said validity period, to revoke or cancel the tender without the consent in writing from theOwner.

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

3.11 The prices quoted by the Tenderer shall be firm during the validity period of the bid and Tendereragrees to keep the bid alive and valid during the said period. The Tenderers shall particularly take noteof 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 beauthorised by the Engineer-in-Charge/Site-in-Charge in writing prior to implementing deviations. The pricebenefit, if any, arising out of the accepted deviation shall be passed on to the Owner. The decision ofEngineer- 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 outsideand inside the working places and leaving the premises in a neat and tidy condition after completion of the jobto the satisfaction of Owner. All materials except those agreed to be supplied by the Owner shall be suppliedby 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 Owner’spremises 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 andother statutory rules applicable to the area. In the event of any damage or loss or sufference caused due tonon-observance of such rules and regulations, the contractor shall be solely responsible for the same and shallkeep the Owner indemnified against all such losses and claims arising from the same.

3.16 At any time after acceptance of tender, the Owner reserves the right to add, amend or delete any workitem, the bill of quantities at a later date or reduce the scope of work in the overall interest of the workby 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 claimcompensation or damage etc. in that regard. The Owner reserves the right to split the work under thiscontract between two o r 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 priorconsent 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 tenderdocuments shall be initialed at the lower position and signed, wherever required in the tender papers by theTenderer or by a person holding Power of Attorney authorising him to sign on behalf of the tendererbefore submission of tender.

Page 74 of 218


(GTC)

P.013702D 11034

036


3.19 The tender should be quoted in English, both in figures as well as in words. The rates and amounts tendered bythe Tenderer in the Schedule of rates for each item and in such a way that insertion is not possible. The totaltendered 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 thetender, the following procedure shall be applied :

(a) When there is a difference between the rates in figures and words, the rate which corresponds to theamount 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 ratequoted by the tenderer shall be taken as correct.

(c) When it is not possible to ascertain the correct rate in the mannerprescribed 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 withdate. 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 onwhose 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 berejected. 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 depositalong with the tender either thru a crossed demand draft or a non-revokable Bank Guarantee in favour of HindustanPetroleum Corporation Limited, from any Scheduled Bank (other than a Co-Operative Bank) payable at Mumbai infavour of Hindustan Petroleum Corporation Limited, Mumbai in the proforma enclosed ® 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 Scale Industries areexempted from payment of Earnest Money Deposit. Small scale units registered with National SmallScale Industries should enclose a photocopy of their registration certificate with their quotation to make theirquotation eligible for consideration. The Registration Certificate should remain valid during the period of thecontract that may be entered into with such successful bidder. Such tenderers should ensure validity of theRegistration Certificate for the purpose.

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 formof account payee crossed demand draft drawn in favour of the Owner, within 15 days from the date ofintimation of acceptance of their tender, failing which the Owner reserves the right to cancel the Contract andforfeit 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 r50,000/-.

Page 75 of 218


(GTC)

P.013702D 11034

036


Composite Performance Bank Guarantee (CPBG) valid upto a period of 3 months beyond the expiry ofdefect 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 deductionof retention money of 10% from each bill); Such composite PBG shall be valid upto a period of 3 monthsbeyond the expiry of defect liability period. Demand Draft should be drawn on Scheduled Banks (otherthan cooperative banks).

5. EXECUTION OF WORK

All the works shall be executed in strict conformity with the provisions of the contract documents and with suchexplanatory details, drawings, specifications and instructions as may be furnished from time to time to theContractor by the Engineer-in-Charge/ Site- in-Charge, whether mentioned in the Contract or not. The Contractorshall be responsible for ensuring that works throughout are executed in the most proper and workman- likemanner with the quality of material and workmanship in strict accordance with the specifications and to the entiresatisfaction of the Engineer-in- Charge/Site-in-Charge.

The completion of work may entail working in monsoon also. The contractor must maintain the necessary workforce as may be required during monsoon and plan to execute the job in such a way the entire project is completedwithin the contracted time schedule. No extra charges shall be payable for such work during monsoon. It shallbe the responsibility of the contractor to keep the construction work site free from water during and off themonsoon period at his own cost and expenses.

For working on Sundays/Holidays, the contractor shall obtain the necessary permission from EngineerIncharge/Site Incharge in advance. The contractor shall be permitted to work beyond the normal hours withprior approval of Engineer-In-Charge/Site-In-Charge and the contractors quoted rate is inclusive of all suchextended hours of working and no extra amount shall be payable by the owner on this account.

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 thework site and a level bench mark and the Contractor shall set out the works and shall provide anefficient 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 toprevent their removal or disturbance and shall be responsible for consequences of such removal ordisturbance should the same take place and for their efficient and timely reinstatement. TheContractor shall also be responsible for the maintenance of all existing survey marks, either existing orsupplied 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 theContractor of his responsibility.

5.a.3. Before beginning the works, the Contractor shall, at his own cost, provide all necessary reference andlevel posts, pegs, bamboos, flags ranging rods, strings and other materials for proper layout of thework 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 bymeans of small masonary pillars. Each pillar shall have distinct marks at the centre to enabletheodolite to be set over it. No work shall be started until all these points are checked and approvedby the Engineer-in-Charge/Site-in- Charge in writing. But such approval shall not relieve thecontractor of any of his responsibilities. The Contractor shall also provide all labour, materials andother facilities, as necessary, for the proper checking of layout and inspection of the points duringconstruction.

Page 76 of 218


(GTC)

P.013702D 11034

036


5.a.4. Pillars bearing geodetic marks located at the sites of units of works under construction should beprotected and fenced by the Contractor.

5.a.5. On completion of works, the contractor shall submit the geodetic documents according to which thework was carried out.

5.a.6. The Engineer-in-Charge/Site-in-Charge shall communicate or confirm his instructions to the contractorin respect of the executions of work in a "work site order book" maintained in the office havingduplicate sheet and the authorised representative of the contractor shall confirm receipt of suchinstructions 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 Contractorshall 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-Chargerequiring compliance within seven days fails to comply with such drawings or 'instructions' or both asthe Engineer-in-Charge/Site-in-Charge may issue, owner may employ and pay other persons toexecute 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 orthat may become due to the contractor under the contract or may be recovered as a debt.

5.a.9. The Contractor shall be entirely and exclusively responsible for the horizontal and verticalalignment, the levels and correctness of every part of the work and shall rectify effectually anyerrors or imperfections therein. Such rectifications shall be carried out by the Contractor, at hisown 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 sameto the Site-in-Charge/ Engineer-in-Charge for his clarification, instructions, guidance or clearing ofdoubts. The decision of the Engineer-in-Charge/Site-in-Charge shall be final and the contractor shallbe bound by such a decision.

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

5.a.12. "All fossils, coins articles of value of antiquity and structure or other remains of geological orarchaeological discovered on the site of works shall be declared to be the property of the Ownerand Contractor shall take reasonable precautions to prevent his workmen or any other persons fromremoving 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 expensesall 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 membersemployed 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 thedate of receipt of the intimation of intent from the Owner informing that the contract is being awarded. Thedate of intimation shall be the date/day for counting the starting day/date and the ending day/date will beaccordingly 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 timeschedule. The period of Contract includes the time required for testing, rectifications, if any, re-testing andcompletion 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 thecontractor should acknowledge a receipt of the purchase order within 15 days of mailing of Purchase Order and

Page 77 of 218


(GTC)

P.013702D 11034

036


any delay in acknowledging the receipt will be a breach of contract and compensation for the loss caused bysuch 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.

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 proposesto engage sub-Contractor/sub-Vendor. The contractor may from time to time propose any addition ordeletion 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 ofwork. Such approval of the Engineer-in-charge/Designated officer-in-charge will not relieve thecontractor 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 tobe responsible for the quality and proper and expeditious execution of the works and the performance ofall the conditions of the contract in all respects as if such subletting or sub-contracting had not takenplace 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 ofthe contractor/Contracting agency otherwise contract shall be deemed to have been allotted incontravention of clause entitled “sub-letting of works” and the same action may be taken and the sameconsequence shall ensue as provided in the clause of “subletting of works”.

5.d EXTENSION OF TIME

1) If the Contractor anticipates that he will not be able to complete the work within the contractualdelivery/ completion date (CDD), then the Contractor shall make a request for grant of timeextension clearly specifying the reasons for which he seeks extension of time and demonstrating asto how these reasons were beyond the control of the contractor or attributable to the Owner. Thisrequest 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 Reductionamount calculated on the Total Contract Value, the concerned CGM of the Owner shall grant aProvisional extension of time, pending a decision on the request.

3) The concerned CGM of the Owner shall expeditiously decide upon the request for time extensionand decide the levy of price reduction within a maximum period of 6 months fom the CDD ordate 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 againstPrice Reduction, as stated above. Once a decision is taken, the Price Reduction shall be recoveredfrom any pending bills or by encashment of the BG. Any balance sum of Contractor or the BG (ifPrice Reduction is fully recovered from the bills) shall be promptly refunded/returned to theContractor.

5.e. SUSPENSION OF WORKS

Page 78 of 218


(GTC)

P.013702D 11034

036


5.e.1. Subject to the provisions of this contract, the contractor shall if ordered in writing by theEngineer- in-Charge/Site-in-Charge for reasons recorded suspend the works or any part thereof forsuch period and such time so ordered and shall not, after receiving such, proceed with the worktherein ordered to suspended until he shall have received a written order to re-start. The Contractorshall be entitled to claim extension of time for that period of time the work was ordered to besuspended. Neither the Owner nor the Contractor shall be entitled to claim compensation or damageson 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 aperiod of 30 days, the Owner shall have the option to terminate the Contract as provided under theclause fortermination. The Contractor shall not be at liberty to remove from the site of the worksany plant or materials belonging to him and the Employer shall have lien upon all such plant andmaterials.

5.e.3. The contractor shall, in case of suspension have the right to raise a dispute and have the samearbitrated but however, shall not have the right to have the work stopped from further progress andcompletion 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 tocomply with any instructions given in accordance with the provisions of this contract, may instead ofContract and undertaking charge of entire work, place additional labour force, tools, equipment andmaterials on such parts of the work, as the Owner may decide or engage another Contractor to carry out thebalance of work. In such cases, the Owner shall have the right to deduct from the amounts payable to theContractor the difference in cost of such work and materials with ten percent overhead added to cover alldepartmental charges. Should the total amount thereof exceed the amount due to the contractor, the Contractorshall pay the difference to the Owner within 15 days of making demand for payment failing which theContractor 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 fullpower and authority to inspect the works at any time wherever in progress, either on the site or at theContractor's premises/workshops of any person, firm or corporation where work in connection withthe contract may be in hand or where the materials are being or are to be supplied, and the Contractorshall afford or procure for the Engineer-in- Charge/Site-in-Charge every facility and assistance tocarryout such inspection. The Contractor shall, at all times during the usual working hours and at allother times at which reasonable notice of the intention of the Engineer-in-Charge/Site-in- Charge or hisrepresentative to visit the works shall have been given to the Contractor, either himself be present toreceive orders and instructions, or have a responsible agent, duly accredited in writing, present forthe purpose. Orders given to the Contractor's agent shall be considered to have the same force as ifthey had been given to the Contractor himself. The Contractor shall give not less than seven daysnotice in writing to the Engineer-in-Charge/Site-in-Charge before covering up or otherwise placingbeyond reach of inspection and measurement any work in order that the same may be inspectedand measured. In the event of breach of above, the same shall be uncovered at Contractor's expense forcarrying 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 approvalin writing of the Engineer-in-charge. The contractor is to provide at all times during the progress ofthe work and the maintenance period proper means of access with ladders, gangways, etc. and thenecessary attendance to move and adapt as directed for inspection or measurements of the worksby 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 requestedor required adequate samples of all materials and finishes to be used in the work.

Page 79 of 218


(GTC)

P.013702D 11034

036


5.h.2. Samples shall be furnished by the Contractor sufficiently in advance and before commencementof the work so as the Owner can carry out tests and examinations thereof and approve or reject thesamples for use in the works. All material samples furnished and finally used/applied in actual workshall 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 inaccordance with the instructions of the Engineer-in-Charge / Site-in- Charge and shall be subjected fromtime to time to such tests at Contractor's cost as the Engineer-in-Charge/Site-in-Charge may directat the place of manufacture or fabrication or on the site or at all or any such places. The Contractorshall 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 theEngineer-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 workmanshipto be supplied by the owner, such tests shall be carried out by the Contractor as per instructions ofEngineer-in-Charge/Site-in-Charge and expenses for such tests, if any, incurred by the contractorshall 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 notpayable.

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

5.j.1. The Engineer-in-Charge/Site-in-Charge shall have powers to make any alterations, additions and/orsubstitutions to the schedule of quantities, the original specifications, drawings, designs andinstructions that may become necessary or advisable or during the progress of the work and theContractor shall be bound to carry out such altered/extra/new items of work in accordance withinstructions 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 partof the work shall be carried out by the Contractor on the same conditions in all respects on whichhe has agreed to do the work. The time for completion of such altered added and/or substituted workmay be extended for that part of the particular job. The rates for such additional altered or substitutedwork 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 ofwork, the Contractor is bound to carry out the additional, altered or substituted work at the same ratesas 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 forthe work, the rates will be derived from the rates for similar class of work as are specified in thecontract for the work. In the opinion of the Engineer-in- Charge/Site-in-Charge as to whether or not therates can be reasonably so derived from the items in this contract, will be final and binding on theContractor.

5.j.4. If the rates for the altered, additional or substituted work cannot be determined in the mannerspecified above, then the Contractor shall, within seven days of the date of receipt of order to carry outthe work, inform the Engineer-in-Charge/ Site-in-Charge of the rate at which he intends to charge forsuch 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 andlabour plus 10% to cover overhead and profit of labour rates and pay the Contractor accordingly. Theopinion of the Engineer-in- Charge/Site-in-Charge as to current market rates of materials and thequantum 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 mentionedin the tender documents, such work shall be carried out in accordance with Indian Standard

Page 80 of 218


(GTC)

P.013702D 11034

036


Specifications and if the Indian Standard Specifications do not cover the same, the work should becarried 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 similarusages by the Owner and payment for such work or parts of work shall not constitute a waiver of any portion ofthis contract and shall not be construed so as to prevent the Engineer from requiring replacement ofdefective work that may become apparent after the said acceptance and also shall not absolve the Contractor ofthe obligations under this contract. It is made clear that such an acceptance does not indicate or denote orestablish to the fact of execution of that work or the Contract until the work is completed in full inaccordance with the provisions of this Contract.

5.l. COMPLETION OF WORK AND COMPLETION CERTIFICATEAs soon as the work is completed in all respects, the contractor shall give notice of such completion to the site incharge or the Owner and within thirty days of receipt of such notice the site in charge shall inspect the work andshall 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 ratesc) the date of completion.

5.m. USE OF MATERIALS AND RETURN OF SURPLUS MATERIALS5.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 Governmenteither by issue from Government stocks or procurement made under orders or permits or licencesissued by Government, the contractor shall use the said materials economically and solely for thepurpose 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 ofthe contract or at its termination for any reason whatsoever, the Contractor shall deliver thesaid product to the Owner without any demur. The price to be paid to the Contractor, if not alreadypaid either in full or in part, however, shall not exceed the amount mentioned in the Schedule ofRates for such material and in cases where such rates are not so mentioned, shall not exceed theCPWD scheduled rates. In the event of breach of the aforesaid condition the contractor shall becomeliable for contravention of the terms of the Contract.

5.m.3. The surplus (serviceable) and unserviceable products shall be determined by joint measurement. Incase where joint measurement has failed to take place, the Owner may measure the same anddetermine 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 thesurplus and unserviceable stocks and the Owner may direct the Contractor to take back such materialbrought by the Contractor and becoming surplus and which the Owner may decide to keep and not topay for the same.

5.n. DEFECT LIABILITY PERIODThe contractor shall guarantee the work executed for a period of 12 months from the date of completion of thejob. Any damage or defect that may arise or lie undiscovered at the time of completion of the job shall berectified 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 agreedperiod from the date of acceptance.The owner shall intimate the defects noticed in writing by a Registered A.D. letter or otherwise and thecontractor within 15 days of receipt of the intimation shall start the rectification work and completew i t h i n the time specified by the owner failing which the owner will get the defects rectified by themselvesor by a n y other contractor and the expenses incurred in g e t t i n g the same done shall be paid by theContractor under the provision of the Contract.

Page 81 of 218


(GTC)

P.013702D 11034

036


Thus, defect liability is applicable only in case of job/works contract (civil, mechanical, electrical, maintenanceetc. ) Where any damage of defect may arise in future (i.e. Within 12 months from the date of completion ofjob) or lie undiscovered at the time of Completion of job. In other words, in case of service contracts (like carhire etc.) where there is no question of damage or defect arising in future, the defect liability clause is notapplicable.

® Equipment or spare parts replaced under warranty/guarantees shall have further warranty for 12months from the date of acceptance. However, in no case will the warranty exceed 24 months from thedate 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 anydamage to all structures and properties belonging to the Owner or being executed or procured by theOwner or of other agencies within the premises of the work of the Owner, if such loss or damage isdue 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'sproperty 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 hisliability towards infringement of patent, trade mark or industrial design rights under the contract orotherwise shall be limited to 100% of value of Purchase order. However, neither party shall be liable tothe other party for any indirect and consequential damages, loss of profits or loss of production. (ReferAnnexure 22 – Govt. Guideline Sr. No. 13)

6. DUTIES AND RESPONSIBILITIES OF CONTRACTOR

6.a. EMPLOYMENT LIABILITY TOWARDS WORKERS EMPLOYED BY THECONTRACTOR

6.a.1 The Contractor shall be solely and exclusively responsible for engaging or employing persons for theexecution of work. All persons engaged by the contractor shall be on Contractor's payroll and paid byContractor. All disputes or differences between the Contractor and his/their employees shall be settledby Contractor.

6.a.2. Owner has absolutely no liability whatsoever concerning the employees of the Contractor. TheContractor shall indemnify Owner against any loss or damage or liability arising out of or in the courseof his/their employing persons or relation with his/their employees. The Contractor shall makeregular and full payment of wages and on any complaint by any employee of the Contractor or his subcontractor regarding non-payment of wages, salaries or other dues, Owner reserves the right to makepayments directly to such employees or sub- contractor of the Contractor and recover the amount infull from the bills of the Contractor and the contractor shall not claim any compensation orreimbursement thereof. The Contractor shall comply with the Minimum Wages Act applicable tothe area of work site with regard to payment of wages to his employees and also to employees of hissub contractor.

6.a.3. The Contractor shall advise in writing or in such appropriate way to all of his employees andemployees of sub-contractors and any other person engaged by him that theirappointment/employment is not by the Owner but by the Contractor and that their presentappointment 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 anyemployment/appointment with the Owner either temporarily or/and permanent basis.

6.b. NOTICE TO LOCAL BODIES

Page 82 of 218


(GTC)

P.013702D 11034

036


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 localauthority 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 befurnished to Owner prior to start of construction and their name board shall be prominentlydisplayed in Contractor's field office.

6.c.3. All industrial injuries shall be reported promptly to owner and a copy of contractor's report coveringeach 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 benecessary for the execution of the work or as required by the Engineer-in-Charge in respect of alllabours directly or indirectly employed for performance of the works and shall provide all facilitiesin connections therewith. In case the contractor fails to make arrangements and provide necessaryfacilities as aforesaid, the Owner shall be entitled to do so and recover the cost thereof from theContractor.

6.d.2. From the commencement to the completion of the works, the contractor shall take full responsibilityfor the care thereof and of all the temporary works (defined as meaning all temporary works of everykind required in or for the execution, completion or maintenance of the works). In case damage, lossor injury shall happen to the works or to any part thereof or to temporary works or to any causewhatsoever repair at his (Contractor's) own cost and make good the same so that at the time ofcompletion, the works shall be in good order and condition and in conformity in every respect withthe requirement of the contract and Engineer-in-Charge's instructions.

6.d.3. In respect of all labour, directly or indirectly employed in the work for the performance of theContractor's part of this agreement, the contractor shall at his own expense arrange for all thesafety provisions as per relevant Safety Codes of C.P.W.D Bureau of Indian Standards, theElectricity 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. Beforestarting construction work, the Contractor shall consult with Owner's Safety Engineer orEngineer-in-Charge/Site-in-Charge and must make good to the satisfaction of the Owner anyloss or damage due to fire to any portion of the work done or to be done under this agreement orto any of the Owner's existing property.

6.d.5. The Contractor will be fully responsible for complying with all relevant provisions of the ContractLabour Act and shall pay rates of Wages and observe hours of work/conditions of employmentaccording to the rules in force from time to time.

6.d.6. The Contractor will be fully responsible for complying with the provision includingdocumentation and submission of reports on the above to the concerned authorities and shallindemnify the Corporation from any such lapse for which the Government will be taking actionagainst them.

6.d.7. Owner shall on a report having been made by an inspecting Office as defined in the ContractLabour Regulations have the power to deduct from the money due to the Contractor any sumrequired or estimated to be required for making good the loss suffered by a worker(s) by reasons ofnon-fulfillment of conditions of contract for the benefit of workers no-payment of wages or ofdeductions made from his or their wages which are not justified by the terms of contract or nonobservance of the said contractor's labour Regulation.

6.e. INSURANCE AND LABOURContractor shall at his own expense obtain and maintain an insurance policy with a Nationalised Insurance

Page 83 of 218


(GTC)

P.013702D 11034

036


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 thecompliance with all obligations imposed by Employees State Insurance Act, 1948, and theContractor further agrees to defend indemnify and hold Owner harmless from any liability orpenalty which may be imposed by the Central, State or local authority by reason of anyasserted violation by Contractor, or sub-contractor of the Employees' State Insurance Act, 1948and also from all claims, suits or proceedings that may be brought against the Ownerarising under, growing out of or by reason of the work provided for by this contract whetherbrought by employees of the Contractor, by third parties or by Central or State Governmentauthority or any political sub-division thereof.

ii. The Contractor agrees to file with the Employees State Insurance Corporation, the Declarationforms 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 whoare employed in the work provided or those covered by ESI Act under any amendment tothe Act from time to time.The Contractor shall deduct and secure the agreement of the sub- contractor to deduct theemployee's contribution as per the first schedule of the Employee's State Insurance Act fromwages and affix the employee's contribution cards at wages payment intervals. TheContractor shall remit and secure the agreement of the sub-contractor to remit to the State Bankof India, Employee's State Insurance Corporation Account, the Employee's contribution asrequired by the Act.

ii. The Contractor agrees to maintain all records as required under the Act in respect ofemployees and payments and the Contractor shall secure the agreement of the sub-contractor tomaintain such records. Any expenses incurred for the contributions, making contribution ormaintaining 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 theContractor shall furnish satisfactory proof that all contributions as required by the EmployeesState Insurance Act, 1948, have been paid.

v. WORKMAN'S COMPENSATION AND EMPLOYEE’S LIABILITY INSURANCEProvide Insurance for all the Contractor's employees engaged in the performance of thiscontract. If any of the work is sublet, the Contractor shall ensure that the subcontractor providesworkmen's compensation and Employer's Liability Insurance for the latter's employees whoare 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 vehiclesplying on works of this contract and these insurances shall be valid for the total contractperiod. No extra payment will be made for this insurance. Owner shall not be liable for anydamage or loss not made good by the Insurance Company, should such damage or loss resultfrom 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 andEquipment and keep them insured until the final completion of the Contract against loss ordamage by accident, fire or any other cause with an insurance company to be approved by theEmployer/Consultant in the joint names of the Employer and the Contractor (name of the formerbeing placed first in the Policy). Such Policy shall cover the property of the Employer only.

Page 84 of 218


(GTC)

P.013702D 11034

036


6.e.2. ANY OTHER INSURANCE REQUIRED UNDER LAW OR REGULATION OR BYOWNER

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

ii. The aforesaid insurance policy/policies shall provide that they shall not be cancelled till theEngineer-in-Charge has agreed to their cancellation.

iii. The Contractor shall satisfy to the Engineer-in-Charge/Site-in-Charge from time to timethat he has taken out all insurance policies referred to above and has paid the necessarypremium 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 resultingfrom their failure to obtain adequate insurance protections in connection thereof. Thecontractor shall produce or cause to be proceed by his sub-contractor (if any) as the case maybe, 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 toHPCL.

6.e.3. LABOUR AND LABOUR LAWS

i. The contractor shall at his own cost employ persons during the period of contract and thepersons so appointed shall not be construed under any circumstances to be in theemployment of the Owner.

ii. All payments shall be made by the contractor to the labour employed by him in accordancewith the various rules and regulations stated above. The contractor shall keep the Ownerindemnified from any claims whatsoever inclusive of damages/costs or otherwise arisingfrom injuries or alleged injuries to or death of a person employed by the contractor or damagesor alleged damages to the property.

iii. No labour below the age of eighteen years shall be employed on the work. The Contractorshall not pay less than what is provided under the provisions of the contract labour (Regulationsand Abolition) Act, 1970 and the rules made thereunder and as may be amended from time totime. He shall pay the required deposit under the Act appropriate to the number of workman tobe employed by him or through sub contractor and get himself registered under the Act. Heshall produce the required Certificates to the Owner before commencement of the work. TheOwner recognises only the Contractor and not his sub contractor under the provisions of theAct. The Contractor will have to submit daily a list of his workforce. He will also keep thewage register at the work site or/and produce the same to the Owner, whenever desired. Adeposit may be taken by the Owner from the Contractor to be refunded only after the Owneris satisfied that all workmen employed by the Contractor have been fully paid for the periodof work in Owner's premises at rates equal to or better than wages provided for under theMinimum Wages Act. The contractor shall be responsible and liable for any complaints thatmay arise in this regard and the consequences thereto.

iv. The Contractor will comply with the provisions of the Employee's Provident Fund Act and theFamily 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 maybe applicable and as amended from time to time.

Page 85 of 218


(GTC)

P.013702D 11034

036


vi. IMPLEMENTATION OF APPRENTICES ACT, 1961

The Contractor shall comply with the provisions of the Apprentices Act, 1961 and the Rules andOrders issued thereunder from time to time. If he fails to do so, his failure will be a breach ofthe contract and the Engineer-in- Charge may, at his discretion, cancel the contract. TheContractor shall also be liable for any pecuniary liability arising on account of anyviolation 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 forLabour Welfare as appended to those conditions or rules framed by the Government from timeto time for the protection of health and for making sanitary arrangements for worker employeddirectly or indirectly on the works. In case the contractor fails to make arrangements asaforesaid the Engineer-in-Charge/Site-in-Charge shall be entitled to do so and recover the costthereof from the contractor.

6.f. DOCUMENTS CONCERNING WORKS

6.f.1. All documents including drawings, blue prints, tracings, reproducible models, plans, specificationsand 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 ofworks covered in or connected with this contract shall be the property of the Owner and shall not beused by the contractor for any other work but are to be delivered to the Owner at the completionor otherwise of the contract.

6.f.2. The Contractor shall keep and maintain secrecy of the documents, drawings etc. issued to him forthe execution of this contract and restrict access to such documents, drawings etc. and further theContractor shall execute a SECRECY agreement from each or any person employed by theContractor having access to such documents, drawings etc. The Contractor shall not issue drawings anddocuments 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 pressor 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.

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 signedmeasurements sheet(s) to the Engineer-in-Charge/ Site-in- Charge of the Owner in quadruplicate forcertification.

The Bills shall also be accompanied by quantity calculations in support of the quantities contained in thebill along with cement consumption statement, actual/theoretical, wherever applicable duly certified by theEngineer-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 thefinal bill payment. Payment of Running Account Bill(s) shall not determine or affect in any way the rights ofthe Owner under this Contract to make the final adjustments of the quantities of material, measurementsof 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 fullyand completely in all respects. If the Contractor fails to submit the final bill accordingly Engineer-in-

Page 86 of 218


(GTC)

P.013702D 11034

036


Charge/Site-in-Charge may make the measurement and determine the total amount payable for the work carriedout by the Contractor and such a certification shall be final and binding on the Contractor. TheOwner/Engineer- in-Charge/Site-in-Charge may take the assistance of an outside party for taking themeasurement, 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 theDisbursement Section of the owner.

7.6 Wherever possible, payment shall be tendered to the contractor in electronic mode (e-payment) throughany 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 anyalternate mode also.

7.a. MEASUREMENT OF WORKS7.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 authorisedagent progressively. Such measurement will be recorded in the Measurement Book/MeasurementSheet by the Contractor or his authorised representative and signed in token of acceptance bythe Owner or their authorised representative.

7.a.2. For the purpose of taking joint measurement, the Contractor/representative shall be bound to be presentwhenever required by the Engineer-in-Charge/Site- in-Charge.If, however, they are absent for any reasons whatsoever, the measurement will be taken by theEngineer-in-Charge/Site-in-Charge or his representative and the same would be deemed to be correctand 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 StandardSpecifications shall be followed. In case of any further dispute on the same the same shall be as pertthe certification of an outside qualified Engineer/ Consultant. Such a measurement shall be final andbinding on the Owner and the Contractor.

7.b. BILLING OF WORKS EXECUTEDThe 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 takeor cause to be taken the requisite measurements for the purpose of having the bill verified and/or checkedbefore forwarding the same to the disbursement office of the Owner for further action in terms of the Contractand payment thereafter. The Engineer-in-Charge/Site-in- Charge shall verify the bills within 7 days ofsubmission 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 asretention money on account of any damage/defect liability that may arise for the period covered under thedefect liability period clause of the Contract free of interest. Any damage or defect that may arise or lieundiscovered at the time of issue of completion certificate connected in any way with the equipment ormaterials supplied by contractor or in workmanship shall be rectified or replaced by the contractor at his ownexpense 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 theContractor. The decision of the Owner in this behalf shall not be liable to be questioned but shall be final andbinding 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 thedate of completion of job) or lie undiscovered at the time of issue of completion certificate.

Page 87 of 218


(GTC)

P.013702D 11034

036


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, inrespect 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 completionperiod ( excluding permitted extensions due to delay on account of the contractors, if any) or theactual completion period, whichever is earlier; and

· The vendor furnishes documentary evidence of incurrence of such variations, in addition to theinvoices/documents for claiming Cenvat /Input Tax credit, wherever applicable.

All contributions and taxes for unemployment compensation, insurance and old age pensions orannuities now or hereafter imposed by Central or State Governmental authorities which are imposedwith respect to or covered by the wages, salaries or other compensations paid to the personsemployed by the Contractor and the Contractor shall be responsible for the compliance with allobligations and restrictions imposed by the Labour Law or any other law affecting employer-employeerelationship 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 andrequirements of any Central, State or Local Government agency or authority.

Contractor further agrees to defend, indemnify and hold harmless from any liability or penaltywhich may be imposed by the Central, State or Local authorities by reason of any violation byContractor 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 byreasons of the work provided for by this contract by third parties, or by Central or StateGovernment authority or any administrative sub-division thereof. The Contractor further agrees that incase any such demand is raised against the Owner, and Owner has no way but to pay and pays/makespayment of the same, the Owner shall have the right to deduct the same from the amounts due andpayable to the Contractor. The Contractor shall not raise any demand or dispute in respect ofthe same but may have recourse to recover/receive from the concerned authorities on the basis ofthe 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 atsource the same will be deducted from the bills of the Contractor and paid to the concernedauthorities. The proof of such payments of tax on works contract will be furnished to thecontractor.

The vendor shall comply with all the provisions of the GST Act/Rules/requirements likeproviding of tax invoices, payment of taxes to the authorities within the due dates, filing ofreturns 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 Actand Rules. Vendor will be fully responsible for complying with the Customs provisions to enableHPCL to take Input Tax Credit.

In case, HPCL is not able to take Input Tax Credit due to any noncompliance/default/negligenceof 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 accruedto the Corporation on account of supplier/service provider failure to discharge his statutoryliabilities 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, fordeduction at lesser rate or nil deduction is submitted by the Contractor from appropriate authority.

Page 88 of 218


(GTC)

P.013702D 11034

036


7.d.4 The contractor shall provide accurate particulars of PAN number as required, under Section 206AA ofIncome Tax Act 1961.

7.d.5 The contractors having their ‘tax residency status’ outside India shall provide Tax ResidencyCertificate (TRC), issued by Government of the Country or the specified territory where theContractor is a Resident. Rule 21AB of the Income Tax Rules, 1962 has prescribed the contentsof 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 intobetween GOI and the respective country/specified territory in which the Contractors’ ‘taxresidency status’ is currently in force.

7.d.6 Anti-Profiteering Clause – GST Act anti-profiteering provisions mandates that any reduction intax rates or benefits of input tax credits be passed on to the consumer by way of commensuratereduction in prices. Vendors to take note of the same and pass such benefits while quoting theirprice.

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 e q u i p m e n t for the completion and maintenance ofthe works except the materials viz. steel and cement which may be agreed to be supplied as providedelsewhere in the contract. The contractor shall make arrangement for procuring su ch materials andfor 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 theContractor but assumes no responsibility of any nature. The Contractor shall procurematerials 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 materialsprocured. 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 onthe material supplied by the Contractor, these will be arranged by the Contractor promptly at hisown 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 Contractorfrom either godown or from the site or within work premises itself and the contractor shall arrangefor 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 towork spot storage, unloading, custody and handling and stacking the same and return the surplus steeland cement to the Owner's storage point after completion of job.

7.f.3. The contractor will be fully accountable for the steel and cement received from the Owner andcontractor will give acknowledgement/receipt for quantity of steel and cement received by him eachtime he uplifts cement from Owner's custody.

7.f.4. For all computation purposes, the theoretical cement consumption shall be considered as per CPWDstandards.

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% lessshall be accepted by the contractor and considered as 50 Kg. per bag. Any shortage in the weight

Page 89 of 218


(GTC)

P.013702D 11034

036


of any cement bag by more than 4% will be to the Owner's account only when pointed out by theContractor and verified by Engineer-in-Charge/Site in Charge at the time of Contract or takingdelivery.

7.f.6. The contractor will be required to maintain a stock register for receipt, issuance and consumption ofsteel and cement at site. Cement will be stored in a warehouse at site. Requirement of cement on anyday will be taken out of the warehouse. Cement issued shall be regulated on the basis of FIRSTRECEIPT to go as FIRST ISSUE.

7.f.7. Empty cement bag shall be the property of the Contractor. Contractor shall be penalised forany excess/under consumption of cement. The penal rate will be twice the rate of issue of cementfor this work.

7.f.8. All the running bills as well as the final bills will be accompanied by cement consumption statementsgiving 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 andduring transport. Owner will not entertain any claims of the contractor for theft, loss or damage tocement 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 beforeexhausting the Cement stocks already held by Contractor to ensure that such delays do not lead tointerruptions in the progress of work.

7.f.12. Cement shall not be supplied by the Owner for manufacturing of mosaic tiles, precast cement jali andany 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 bereturned by the contractor to the Owner. The Owner shall make payment to the Contractor at thesupply rate for such stocks of cement they accept and receive. Any refused stock of cement shall beremoved by the Contractor from the site at his cost and expenses within 15 days of completion of thework.

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 thecosts incurred by the Owner shall be charged to and paid by Contractor and the Contractor shall not beentitled to dispute or question the right of the Owner to make such payments notwithstanding the same mayhave 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 theworks, the Owner will recover from the Contractor the amount of compensation so paid and withoutprejudice to the rights of Owner under the said Act. Owner shall be at liberty to recover such amount orany part thereof by deducting it from the security deposit or from any sum due to the Contractorwhether under this contract or otherwise. The Owner shall not be bound to contest any claim made underSection 12 sub section (1) of the said Act, except on the written request of the Contractor and upon hisgiving to the Owner full security for all costs for which the owner might become liable inconsequence of contesting such claim.

8.a. ACTION AND COMPENSATION IN CASE OF BAD WORKIf 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 theContractor for execution of the work are not of standards specified/inferior quality to that contracted for, orotherwise not in accordance with the contract, the CONTRACTOR shall on demand in writing from theEngineer-in- Charge/Site-in-Charge or his authorised representative specifying the work, materials or

Page 90 of 218


(GTC)

P.013702D 11034

036


articles complained of, notwithstanding that the same may have been inadvertently passed, certified and paidfor, forthwith rectify or remove and reconstruct the work so specified and at his own charge and cost andexpenses 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 ofreconstruction by the Owner. On expiry of 15 days period mentioned above, the Owner may by themselves orotherwise rectify or remove and re-execute the work or remove and replace with others, the materials orarticles complained of as the case may be at the risk and expenses in all respects of the Contractor. Thedecision of the Engineer- in- Charge/ Site-in-Charge as to any question arising under this clause shall be finaland 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. Thecontractor 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 therecords 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 outaccording to the prescribed terms and conditions as laid down in the tender documents and if any recoveriesare recommended, the same shall be recovered from the contractors running bills/final bill/fromordered/suggested Security Deposit/retention money. The Contractor shall not rise any dispute on any suchaccount 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 theEngineer-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, expenses which may be made against the Owner for or in respect of or arising out of any failureby 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 workmenor other person in the employment of the Contractor or his sub contractor and Contractor shall indemnify andkeep indemnified the Owner against all such damages, proceedings, costs, charges and expenses whatsoeverin 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 bepaid Price Reduction by the Contractor. The price reductionshall 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% ofthe total contract value. The price reduction shall be recovered by the Owner out of the amountspayable to the Contractor or from any Bank Guarantees or Deposits furnished by the Contractoror the Retention Money retained from the Bills of the Contractor, either under this contract or anyother contract.

ii) The Contractor shall be entitled to give an acceptable unconditional Bank Guarantee in lieuof 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 shallbe applicable only on the basic cost of the contract and on each full completed week(s) of delay (andfor 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 unexecutedportion/quantity of work as on the CDD.

v) Contractor agrees with the Owner, that the above represents a genuine pre- estimate of the damageswhich the Owner will suffer on account of delay in the performance of the work by Contractor. TheContractor further agrees that the price reduction amount is over and above any right which owner

Page 91 of 218


(GTC)

P.013702D 11034

036


has to risk purchase under Clause 12.4 and any right to get the defects in the work rectified at thecost 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/appearto the work carried out under this Contract within a period of 12 months from date of issue of theCompletion Certificate and/or the date of Owner taking over the work, whichever is earlier. The Contractorshall issue a Bank Guarantee to the Owner in the sum of 10% of the work entrusted in the Contract, from anyScheduled Bank (other than a Co-Operative Bank) acceptable to the Owner and if however, the Contractorfails to furnish such a Bank Guarantee the Owner shall have right to retain the Security Deposit and RetentionMoney to cover the 10% of the Guarantee amount under this clause and to return/refund the same after theexpiry of the period of 12 months without any interest thereon. (Please refer to clause 4. Deposits)

12. TERMINATION OF CONTRACT

12.1 The owner may terminate the contract at any stage of the construction for reasons to be recorded in theletter of termination.

12.2 The Owner inter alia may terminate the Contract for any or all of the following reasonsthat the contractor

a) has abandoned the work/Contract.

b) has failed to commence the works, or has without any lawful excuse under these conditionssuspended 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 afterreceiving from the Engineer written notice that the said materials or work were condemned and/orrejected 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 thisContract 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 contrarysub-let any part of the Contract.

f) has acted in any manner to the detrimental interest, reputation, dignity, name or prestige of theOwner.

g) has stopped attending to work without any prior notice and prior permission for a period of 15days.

h) has become untraceable.

i) has without authority acted in violation of the terms and conditions of this contract and hascommitted 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 sametowards the amounts due and payable by the contractor as per the conditions of Contract and return to thecontractor excess money, if any, left over.

Page 92 of 218


(GTC)

P.013702D 11034

036


12.4 In case of Termination of the contract, Owner shall have the right to carry out the unexecutedportion of the work either by themselves or through any other contractor(s) at the risk and cost ofthe Contractor. In view of paucity of time, Owner shall have the right to place such unexecutedportion of the work on any nominated contractor(s). However, the overall liability of the Contractorshall 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 fortaking joint final measurements of the works executed thus far and submit the final bill for the work as perjoint final measurement within 15 days of the date of joint final measurement. If the contractor fails todepute their representative for joint measurement, the owner shall take the measurement with theirEngineer-in- Charge/Site-in-Charge or any other outside representatives. Such a measurement shallnot be questioned by the Contractor and no dispute can be raised by the Contractor for purpose ofArbitration.

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 aroundthe site and use or employ the same for completion of the work or employ any other contractor or otherperson or persons to complete the works. The Contractor shall not in any way object or interrupt or doany act, matter or thing to prevent or hinder such actions, other Contractor or other persons employedfor completing and finishing or using the materials and plant for the works. When the works shall becompleted or as soon thereafter the Engineer shall give a notice in writing to the Contractor to removesurplus materials and plant, if any, and belonging to the Contractor except as provided elsewhere in theContract and should the Contractor fail to do so within a period of 15 days after receipt thereof the Ownermay sell the same by public auction and shall give credit to the contractor for the amount realised. TheOwner shall thereafter ascertain and certify in writing under his hand what (if anything) shall be due orpayable to or by the Owner for the value of the plant and materials so taken possession and the expense orloss which the Owner shall have been put to in procuring the works, to be so completed, and the amount ifany, owing to the Contractor and the amount which shall be so certified shall thereupon be paid by theOwner to the Contractor or by the Contractor to the Owner, as the case may, and the Certificate of theOwner 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 Contractorshall 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 wastefrom the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of anyexplosive assembly or nuclear component;

(d) epidemics, earthquakes, flood, fire, hurricanes, typhoons or other physical natural disaster, butexcluding 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 theWorks but excluding any industrial dispute which is specific to the performance of the Works or theContract.

For the avoidance of doubt, inclement weather, third party breach, delay in supply of materials (otherthan due to a nationwide transporters’ strike) or commercial hardship shall not constitute a Force

Page 93 of 218


(GTC)

P.013702D 11034

036


Majeure event.

• Notification of Force Majeure

Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have becomeaware of the occurrence of an event of Force Majeure giving full particulars of the event of ForceMajeure and the reasons for the event of Force Majeure preventing the Affected Party from, ordelaying 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 eightydays) or more in a continuous period of 365 (three hundred sixty-five) days after notice has beengiven 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 therelevant 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 anevent of Force Majeure; andb) 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 betweenthe parties hereto touching or concerning the agreement, meaning, operation or effect thereof or to the rightsand liabilities of the parties or arising out of or in relation thereto whether during or after completion of thecontract or whether before after determination, foreclosure, termination or breach of the agreement (otherthan those in respect of which the decision of any person is, by the contract, expressed to be final andbinding) shall, after written notice by either party to the agreement to the other of them and to the AppointingAuthority hereinafter mentioned, be referred for adjudication to the Sole Arbitrator to be appointed ashereinafter provided.

14.2 The appointing authority shall either himself act as the Sole Arbitrator or nominate some officer/retiredofficer of Hindustan Petroleum Corporation Limited (referred to as owner or HPCL) or a retired officer ofany other Government Company in the Oil Sector of the rank of Ch. Manager & above or any retired officerof the Central Government not below the rank of a Director, to act as the Sole Arbitrator to adjudicate thedisputes and differences between the parties. The contractor/vendor shall not be entitled to raise any objectionto the appointment of such person as the Sole Arbitrator on the ground that the said person is/was an officerand/or shareholder of the owner, another Govt. Company or the Central Government or that he/she has todeal or had dealt with the matter to which the contract relates or that in the course of his/her duties, he/shehas/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 isunable or unwilling to act or resigns or vacates his office for any reasons whatsoever, the AppointingAuthority 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

Page 94 of 218


(GTC)

P.013702D 11034

036


the stage at which it was left by his predecessor. It is expressly agreed between the parties that no personother than the Appointing Authority or a person nominated by the Appointing Authority as aforesaid, shallact as an Arbitrator. The failure on the part of the Appointing Authority to make an appointment on timeshall only give rise to a right to a Contractor to get such an appointment made and not to have any otherperson 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 paymentdue or payable to the concerned party shall be withheld (except to the extent disputed) on account ofinitiation, commencement or pendency of such proceedings.

14.7 The Arbitrator may give a composite or separate Award(s) in respect of each dispute or differencereferred 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 theSole Arbitrator otherwise directs in his award with reasons. The lumpsum fees of the Arbitrator shall be R40,000/- per case for transportation contracts and R 60,000/- for engineering contracts and if the soleArbitrator completes the arbitration including his award within 5 months of accepting his appointment, heshall be paid R 10,000/- additionally as bonus. Reasonable actual expenses for stenographer, etc. will bereimbursed. Fees shall be paid stage wise i.e. 25% on acceptance, 25% on completion ofpleadings/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 statutorymodification or re-enactment thereof and the rules made thereunder, shall apply to the Arbitrationproceedings under this Clause.

14.10 The Contract shall be governed by and constructed according to the laws in force in India. The parties herebysubmit to the exclusive jurisdiction of the Courts situated at “location given in tender header”(sayMumbai*) for all purposes. The Arbitration shall be held at “location mentioned for such purpose in Tenderheader” (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.

15. GENERAL

15.1. Materials required for the works whether brought by the or supplied by the Owner shall be stored by thecontractor only at places approved by Engineer-in- Charge/Site-in-Charge. Storage and safe custody of thematerial 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 anytime to inspect and examine any materials intended to be used in or on the works, either on the site or atfactory or workshop or at other place(s) manufactured or at any places where these are laying or fromwhich these are being obtained and the contractor shall give facilities as may be required for suchinspection and examination.

15.3. In case of any class of work for which there is no such specification supplied by the owner as is mentionedin the tender documents, such work shall be carried out in accordance with Indian Standard Specificationsand if the Indian Standard Specifications do not cover the same the work should be carried out as perstandard 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 allprecautions necessary for the protection of the work and at his own expense shall make good any damagesarising f r o m any of these causes.

Page 95 of 218


(GTC)

P.013702D 11034

036


15.5 The contractor shall cover up and protect from injury from any cause all new work also for supplying alltemporary doors, protection to windows and any other requisite protection for the whole of the worksexecuted whether by himself or special tradesmen or sub- contractors and any damage caused must bemade 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 thecontractor to get all the benefits under deemed exports from the Government. The Owner’s responsibilityshall only be limited to the issuance of required certificates. The quotation will be unconditional and phraseslike “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 requirementsof the Integrity Pact (IP) if the value of such tenders or contracts is ` 1 crore & above. Failure to sign theIntegrity Pact shall lead to outright rejection of bid.

17. Grievances of parties participating or intend to participate in the tender shall be addressed in writing tothe officer designate of the Grievance Redressal Cell where the tenders have to be submitted within thestipulated 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 beapplicable to all tenders floated and all Purchase Orders/Contracts placed by HPCL

Page 96 of 218

SPECIAL TERMS ANDCONDITIONS (STC)

P.013702D 11035

036


HINDUSTAN PETROLEUM CORPORATION LIMITED(HPCL)



SECTION-IV

SPECIAL TERMS AND CONDITIONS (STC)

Page 97 of 218


P.013702D 11035

036


SPECIAL TERMS AND CONDITIONS (STC)

INDEX

1. GENERAL2. DEFINITIONS / NOTES3. SCOPE OF WORK& SCOPE OF SUPPLY4. OTHER REQUIREMENTS5. BID PRICES6. TAXES, DUTIES AND LEVIES ON MATERIALS /SERVICES AND FOREIGN EXCHANGE

VARIATION7. SITE VISIT8. TIME OF COMPLETION9. TERMS OF PAYMENT10. WORK ON SUNDAYS, HOLIDAYS AND DURING NIGHT HOURS11. PROGRESS REPORT12. LABOUR AT SITE13. SITE FACILITIES14. COMPLIANCE WITH LAWS15. PERFORMANCE BANK GUARANTEE16. PROVIDENT FUND17. CONSTRUCTION EQUIPMENT, TOOLS & TACKLES18. CHANGE ORDERS19. CONSTRUCTION EQUIPMENTS & ORGANISATION20. MEASUREMENT OF WORK21. PRICE REDUCTION FOR DELAY IN DELIVERY22. STATUTORY APPROVALS23. TESTS AND INSPECTION24. INSPECTION OF SUPPLY ITEMS/ MATERIALS25. TEST CERTIFICATES26. FINAL INSPECTION27. HEALTH SAFETY AND ENVIRONMENT (HSE) MANAGEMENT28. COMPUTERIZED CONTRACTORS BILLING SYSTEM29. INSURANCES30. MAKE OF MATERIAL31. SETTLEMENT OF DISPUTE BETWEEN TWO PSUS32. ADDITIONAL WORKS/ EXTRA WORKS33. GUARANTEE34. LIMITATION OF LIABILITIES35. GOVERNMENT OF INDIA NOT LIABLE36. RECOVERY IN CASE OF RISK PURCHASE37. ISSUE OF OWNER SUPPLIED MATERIAL38. LOCATION OF DUMPYARD / WEARHOUSE / STORAGE YARD39. QUALITY ASSURANCE/ QUALITY CONTROL40. MOBILIZATION ADVANCE41. DISTINCTION BETWEEN FOUNDATION AND SUPERSTRUCTURE42. SITE CLEANING43. SITE ORGANISATION44. COMPLETION DOCUMENTS45. COORDINATION WITH OTHER AGENCIES

Page 98 of 218


P.013702D 11035

036


46. UNDERGROUND AND OVERHEAD STRUCTURES47. EXECUTION OF ELECTRICAL WORKS48. RESPONSIBILITY OF CONTRACTOR49. GENERAL GUIDELINES DURING & BEFORE ERECTION50. ERECTION OF EQUIPMENTS51. REPAIR OF PIPE DEFECTS52. MECHANISED CONSTRUCTION53. CHECKING OF LEVELS54. REGISTRATION OF THE CONTRACT WITH STATUTORY AUTHORITIES55. AUDITS OF CONTRACT56. SUBSEQUENT LEGISLATION57. SINGLE POINT RESPONSIBILITY58. WORK FRONT59. TEMPORARY WORKS60. DEFECTS AFTER TAKING OVER OR TERMINATION OF WORK CONTRACT BY OWNER61. TERMINATION OF CONTRACT62. ARBITRATION63. GRIEVANCE REDRESSAL MECHANISM64. SUB-CONTRACTING65. ROYALTY66. EXCAVATION BY BLASTING67. SITE FACILITIES FOR WORKMEN68. BREACH OF CONTRACT69. CONTRACTOR'S STANDARD CONDITIONS70. PATENTS, INFRINGEMENT & INDEMNITY71. IMPORT LICENCE72. WITHHOLDING, ACCOUNTING AND TAX REQUIREMENTS73. INTELLECTUAL PROPERTY74. CO-ORDINATION WITH OTHER AGENCIES75. DRAWINGS AND DOCUMENTS76. HOUSE KEEPING77. PROTECTION OF EXISTING FACILITIES78. CONSTRUCTION79. CONSTRUCTION EQUIPMENT AND ORGANIZATION80. WORKING HOURS81. TESTS AND INSPECTION82. FINAL INSPECTION FOR WORKS83. TEST CERTIFICATES84. EXECUTION OF ELECTRICAL WORKS85. HYDROSTATIC TESTING86. PROJECT PLANNING, SCHEDULING AND MONITORING SYSTEM87. PIPES FOR WELDING QUALIFICATION88. SPARES89. STORAGE FACILITIES90. WORK PERMIT91. BUILDING AND OTHER CONSTRUCTION WORKER’S ACT92. GOVT. ACTS/ REGULATIONS93. SUBSTITUTION, WRONG SUPPLIES AND SHORT SUPPLIES94. CEMENT & STEEL95. PRICE ADJUSTMENT DUE TO DELAYED COMPLETION96. QUANTITY VARIATION FOR SUPPLY & WORKS97. RECOVERY OF FAILURE OF ITEMS FOR SUPPLY

Page 99 of 218


P.013702D 11035

036


98. JURISDICTION99. INTEGRITY PACT100. EPMC CONSULTANT101. CONDITIONS FOR ISSUE OF MATERIALS (IF ANY)’102. PENALTIES ON MONTHLY TARGETS.103. SAFETY CODE

Page 100 of 218

ASADASASD


P.013702D 11035

036


1.0 GENERAL

1.1 Special Terms and Conditions of Contract (STC) shall be read in conjunction with the General Terms& Conditions of Work Contract (also referred as General Terms & Conditions hereinafter), Schedule of Rates,specifications of work, drawings and any other document forming part of this Contract wherever the context sorequires.

1.2 Notwithstanding the sub-division of the document into these separate Sections and volumes, every partof each shall be deemed to be supplementary of every other part and shall be read with and into the Contract so faras it may be practicable to do so.

1.3 Where any portion of the General Terms & Conditions of Work Contract is repugnant to or at variancewith any provisions of the Special Terms and Conditions of Contract, then unless a different intention appears, theprovision(s) of the Special Terms and Conditions of Contract, shall be deemed to override the provision(s) ofGeneral Terms & Conditions of Work Contract only to the extent that such repugnancies or variations in theSpecial Terms and Conditions of Contract, are not possible of being reconciled with the provisions of GeneralTerms & Conditions of Work Contract.

1.4 Wherever it is stated in this Bidding Document that such a supply is to be affected or such and such awork is to be carried out, it shall be understood that the same shall be affected and/or carried out by theCONTRACTOR at his own cost, unless a different intention is specifically and expressly stated herein orotherwise explicit from the context. Contract Price shall be deemed to have included such cost.

1.5 The materials, design & workmanship shall satisfy the applicable relevant Indian Standards, the jobspecifications contained herein & codes referred to. Where the job specifications stipulate requirements in additionto those contained in the standard codes and specifications, these additional requirements shall also be satisfied.

1.6 In the absence of any Specifications covering any material, design of work(s) the same shall beperformed / supplies / executed in accordance with Standard Engineering Practice as per the instructions /directions of the Engineer-in-Charge, which will be binding on the Contractor.

1.7 It will be the Contractor's responsibility to bring to the notice of Engineer-in Charge any irreconcilableconflict in the contract documents, before starting the work (s) or making the supply with reference to specificitem of work or supply under which the conflict exists.

2.0 DEFINITIONS / NOTES

i. The terms ‘Bidder’, ‘Contractor’, `Seller’, `Supplier’ or ‘Vendor’ stated anywhere in the Bid Documentcarry the same meaning.

ii. The terms `Client’, ‘Owner’, ‘Purchaser’ stated anywhere in the Bid Document refer to HindustanPetroleum Corporation Limited (HPCL).

iii. The term `Consultant’ shall mean Tractebel Engineering Pvt. Limited (TE)

iv. The term ‘Contract’, ‘Order’ ,’Work Order’ or ‘Purchase Order’ stated anywhere in the Bid Documentcarry the same meaning.

v. The term ‘TS’ means ‘Technical Specifications’ containing technical requirements and scope of work(technical), ‘STC’ means Special Terms and Conditions ‘GTC means General Terms and Conditions of WorkContract, containing commercial terms & conditions, ‘PR means Purchase Requisition’ issued after award ofcontract incorporating agreed deviations in TS,’ Instructions to Bidders (ITB)’, ‘IFB means Invitation For Bids /e-tender’.

Page 101 of 218

ASADASASD


P.013702D 11035

036


vi. In the event of any contradictions between these Instructions to Bidders/ Special Terms and Conditionsof Contract and other Sections of Bid Document, the terms specified under this Section shall prevail.

vii. Any reference to the Govt. Acts / Regulations etc. in the Bid Document is only indicative, and it isentirely for the Bidder to ascertain the applicable Acts/Regulations.

viii. CONTRACT VALUE / CONTRACT PRICE

a. SERVICES/JOBS/WORKS CONTRACTS: The contract value would mean the total cost inclusiveof taxes, levies and all other costs at which the contract is awarded but exclusive of value of items inOWNER's scope of supply. This contract value shall also be used for calculation of price reduction.

3.0 SCOPE OF WORK / SUPPLY

The scope of work covered in this Contract will be as described in particular job specifications, Technicalspecifications, Standard Specifications, Schedule of Rates etc. The scope of supply covered in this Contract will beas described in Particular Job Specifications, Technical Specifications, Standard Specifications, Schedule of Ratesetc. It is however, explicitly understood that scope described is not limiting, in so far as the responsibilities of thecontractor are concerned and shall include, inter alia, carrying out any and all works and providing any and allfacilities as are required to complete the works in all respect. The scope of work under the subject tender is ofdivisible nature and work shall be awarded to two bidders for respective GA in ratio of 60:40.

Materials to be supplied by the Owner on free issue basis, if any, under this Contract will be as described inParticular Job Specifications. Clause no. 7.f of GTC-Works stands modified to the extent of same.

4.0 OTHER REQUIREMENTS

4.1 For specific requirements, Contractor shall refer to the Technical Specification. Status of all clearancesrequired for the works shall be provided to the Successful Bidder or Contractor, should there be any otherrequirement for execution of works comprising of Laying of 3 LPE Coated Line Pipes of 8 Inch and 4 Inchsizes in Sonipat and Jind GA, Haryana, the same shall be obtained by the Contractor at its own cost andstatutory payments shall be reimbursed by Owner based on documentary evidence.

4.2 Contractor shall, at his own responsibility and cost, supply & provide water, power and cement and otherutilities for the entire job in the quantities and at the times required for performance of work under the contract.The contract price shall be deemed to include the costs towards the same. The owner/consultant shall not supplywater, power, cement and other utilities. Contractor shall obtain transport permit for the access roads and otherpermits required for the execution of the works conforming to all the requirements of the Governing authorities.

4.3 Contractor shall, if required by him, for the entire duration of the execution of the work make availablenear the site, land for construction of Contractor’s office, Warehouse, Workshops and for any purpose inconnection with providing infrastructure required for the execution of the Contract. The Contractor shall at hisown cost construct all temporary buildings and provide suitable water supply and sanitary arrangement asrequired. On completion of the work undertaken by the Contractor, he shall remove all temporary works erectedby him and have the site cleared as directed by Engineer-in-Charge. If the Contractor shall fail to comply with theserequirements, the Engineer-in-Charge may at the expense of the Contractor remove such surplus and rubbishmaterials and dispose off the same as he deems fit and get the site cleared as aforesaid, and the Contractor shallforthwith pay the amount of all expenses so incurred and shall have no claims in respect of any such surplusmaterial disposed of as aforesaid.

4.4 The CONTRACTOR shall not be permitted to enter on (other than for inspection purpose) or Takepossession of site until instructed to do so by Owner / Consultant in writing. The portions of the site to be occupiedby the CONTRACTOR shall be defined and/or marked on the site plan failing which these shall be indicated byOwner / Consultant at site and the operations beyond the areas, in respect of any land permitted by the Owner forthe use of the CONTRACTOR for the purpose of or in connection with the Contract, the same shall be subject to

Page 102 of 218

ASADASASD


P.013702D 11035

036


the following and such other terms and condition as may be imposed by Owner. Such use or occupations shall notconfer any right of tenancy of the land to the CONTRACTOR. The contractor shall submit fortnightly reportcovering all major activities indicating schedule / actual progress, near-misses, slippages & its reasons and catch upplan.

4.5 The CONTRACTOR shall have no right to put up any construction of its own of any nature or type at theSite except temporary constructions for storage of equipment's for the work under the Contract or as a resting placefor the laborer (workmen) employed by it for the work provided that it obtains the requisite previous permissionin writing from Owner /Consultant.

Owner may refuse such permission in its absolute discretion or grant conditional permission, as it may deemappropriate. Such construction will be erected at the CONTRACTOR’s own cost. The CONTRACTOR shall atits own cost demolish all such constructions and remove the debris thereof. As also all its materials andequipment's and clean and level the site thereof before handing over the completed work to the Owner.

4.6 The CONTRACTOR shall provide if necessary or if required for the site all temporary access thereof andshall alter adapt and maintain the same as required from time to time and shall take up and clear them away asand when no longer required and as and when ordered by Owner/ Consultant and make good all damages done at/to the site. The CONTRACTOR shall note that the final bill will not be certified for payment till the action as aboveis completed by the CONTRACTOR to the entire satisfaction of Owner / Consultant.

4.7 All drawings, tracings, photo prints and writing (except letter) shall be the sole property of Owner andmust be returned to them on completion of work. The drawings maintained on the site are to be carefully mountedon boards of appropriate size. They are to be protected from ravages from termites, ants, silverfish and otherinsects.

4.8 The completion of the Laying of 3 LPE Coated Line Pipes of 8 Inch and 4 Inch sizes in Sonipat andJind GA, Haryana may require working in the monsoon also. The CONTRACTOR must maintain labour forceas may be required for the job and plan and execute the construction and erection according to the prescribedschedule. No extra rate will be considered for such work in monsoon. The time schedule includes monsoonwindow period also. Hence request for time extension due to monsoon shall not ordinarily be entertained byOwner.

4.9 During the execution of the work CONTRACTOR shall check its work with drawings. TheCONTRACTOR shall be responsible for all the errors in this connection and shall have to rectify all defects and/ or error at its own cost failing which HPCL reserves the rights to get the same rectified at the risk and cost of theCONTRACTOR.

4.10 During inclement weather the CONTRACTOR shall suspend concreting and plastering for such time asOwner/ Consultant may direct and shall protect from injury all works in the course of erection.

4.11 Should the work be suspended by reason of rain, strike, lockouts or other cause the CONTRACTORshall take all precautions necessary for the protection of the work at its own expense shall make good any damagesarising from any such cause.

4.12 All rubbish including muck and water, as it accumulates from time to time during the progress of the workshall be cleared through proper drainage arrangement so as not to hamper the progress of various other site worksin progress.

4.13 The CONTRACTOR shall provide suitable pillar with flat tops and build the same in concrete fortemporary benchmarks. All the pegs for setting out the works and fixing the necessary levels required for theexecution thereof shall if desired by Owner/ Consultant likewise be built in masonry at such places and in suchmanner as the Owner may determine.

4.14 The CONTRACTOR shall cover up and protect from injury due to any cause to all new work and anyother requisite protection for the whole of the works executed whether by itself or special tradesman or sub-

Page 103 of 218

ASADASASD


P.013702D 11035

036


CONTRACTORs and any damage caused must be made good by the CONTRACTORs at its own expense.

4.15 Cutting of trees shall not be permitted except in the case that tree is falling on the line of ROU/ROW. Insuch circumstances, details of such tree being cut shall be prepared and forest/ municipal authorities be informedand necessary approval be obtained by contractor.

5.0 BID PRICES

5.1 Price must be furnished in the Price Schedule format available online in e-tender portal of HPCL. Quotedprices must be net of discount, if any. Conditional discounts, if offered by a bidder, shall not be considered forevaluation.

5.2 Unless otherwise agreed to in the terms of the Work / Purchase Order, the price shall be firm and notsubject to escalation for any reason whatsoever till the execution of entire order, even though it might be necessaryfor the order execution to take longer than the delivery period specified in the order.

5.3 Price shall be exclusive of GST (CGST, SGST, IGST as applicable), Customs Duty and applicablecess, which are leviable by law on sale of finished goods to Corporation. The nature and extent of such levies shallbe shown separately.

5.4 Quoted prices shall be inclusive of all testing and inspection requirements (including stage wise and finalinspection by Owner/ Owner’s Consultant for which no extra charges shall be paid) as specified in the biddocument. It shall be contractor’s sole responsibility to co-ordinate with all the stakeholders including vendors andexpedite the equipment / package delivery to meet the project schedule. The Contractor’s qualified QC engineershall be present for all the Inspection activities along with Consultant / Owner at sub-vendors workshop / site.

On award of contract, the bidder / contractor shall submit the detailed Inspection Categorization plan for all thepackages / equipment’s in the tendered works for Consultant / Owner’s approval.

In case the material gets rejected / does not fulfill acceptance criteria as per technical requirements then it shall besole responsibility of the contractor to carry out rectification or arrange for replacement of part or full equipment /package as required, without any time and cost implication to the Owner / Consultant. Also in such an event, biddershall be responsible for carrying out the re-inspections from Consultant appointed TPIA at their own cost.

5.5 Bidder’s quoted prices shall be firm & fixed till the completion of the works in all respects and noescalation in prices on any other account shall be admissible to the contractor. The quoted prices shall be deemed toinclude entire scope of work and all obligations and responsibilities to be carried out/ executed by the Bidder asper terms of bid document.

The quoted base price shall be inclusive of Mandatory Spares, Pre-Commissioning & Commissioning Spares, andSpecial Tools & Tackles for Complete items as per Technical specifications.

5.6 It shall be the responsibility of the Bidder to duly enquire of their own and comply with all applicablelaws, rules, regulations, orders and formalities applicable to GST, Customs Duty, Countervailing Duty etc. on themanufacture, sale and/or supply of any material / services to Owner / Consultant. The Bidder shall keep the Owner/ Consultant indemnified from and against any and all claims, demands, prosecutions, penalties, damages,demurrages and/or other levies whatsoever made or levied by any Court, Tribunal or the Customs or otherAuthorities with respect to any alleged breach, evasion or infraction of such duties, taxes, charges or levies or anybreach or infraction of such laws, rules, regulations, orders or formalities concerning the same and from theconsequence thereof.

5.7 Price quoted by the bidder, shall remain Firm & Fixed until complete execution of the Work / PurchaseOrder and shall not be subject to any variation, except statutory variation in taxes, duties & levies pursuant torelevant provisions in Special Terms and Conditions of Contract. The Bidder’s quoted price shall also remain Firmand Fixed on account of Foreign Exchange (FE) Variation, unless otherwise any specific provision is indicated in

Page 104 of 218

ASADASASD


P.013702D 11035

036


IFB document.

5.8 The bidder shall quote the prices after careful analysis of cost involved for the performance of completework considering all parts of the IFB documents. In case, any activity though specifically not covered but isrequired to complete the work as per scope of work, scope of supply, specifications, standards, drawings, GTC,STC or any other part of IFB Document, the prices quoted shall deemed to be inclusive of cost incurred for suchactivity(ies).

5.9 Contractor shall arrange Road Permits/Waybills by themselves and comply with the statutory laws ofthe concerned state.

5.10 Bidders shall quote their prices in Indian Rupees and only indicate the following in their offer:

5.11.1 Site work Prices, if applicable as per the scope of work mentioned in tender documents, shall be exclusiveof Prevailing GST. All necessary taxes & duties and registration, if required, for carrying out the site activities shallbe done by the bidder and cost towards the same shall be included in quoted site work prices.

5.11.2 GST Tax, payable extra on Site Work Services, as applicable.

5.11.3 The entire work covered under this contract shall be treated as "Works Contract".

6.0 TAXES, DUTIES AND LEVIES ON MATERIALS /SERVICES:

6.1 For Indian Bidders

6.1.1 GST (CGST, SGST, IGST as applicable), and applicable Cess shall be reimbursed for the materialsconsigned to Corporation as per limits indicated in the offer against documentary evidence to be furnished by theSupplier. Corporation shall pay only those taxes, duties and levies as indicated by Supplier at the time of bidsubmission/as agreed subsequently (prior to opening of priced bids). Taxes / Duties and/or Levies not indicatedby supplier in Bid, but payable, shall be to Supplier’s account. In case of any increase/decrease applicable in GST(CGST, SGST, IGST as applicable) and applicable Cess indicated with reference to limits mentioned in the offer/ bid or new taxes / duties / levies imposed by the Indian Government through Gazette notification after the date ofsubmission of last Price bid but prior to Contractual Delivery Date, the Corporation shall reimburse/adjust theincrease/decrease in taxes & duties on satisfactory supporting documents.

6.1.2 Supplier shall be responsible for availing all applicable concessions in taxes, duties, levies etc. as perterms of Purchase Order. Any loss, direct or implied, accrued to Corporation on account of supplier’s failure toavail concessions shall be borne by Supplier.

6.1.3 Bidder’s quoted prices shall be inclusive of all taxes, duties, cess, levies etc., paid or payable on the rawmaterial/components incorporated or to be incorporated in the offered finished goods, packing and forwardingcharges, but excluding applicable taxes and duties on finished goods.

6.1.3.1 Bidder shall furnish the present rate(s) GST payable on quoted finished goods.

6.1.3.2 Owner shall make from Contractor's bills such tax deductions as are required as per rules and regulationsin force in respect thereof from time to time.

6.1.3.3 The quoted price shall be inclusive of cess applicable as per Building & other Works Contract Act, 1996

6.1.4 It is for the Bidder to assess and ascertain the rate of above taxes & duties applicable on quoted items. Itis clearly understood that Owner will not have any additional liability towards payment of above taxes & dutieswhich are based on Bidder’s wrong assessment / interpretation of applicability of said taxes & duties. The biddershall keep HPCL indemnified from any demand from statutory/ local bodies on this account and any liability

Page 105 of 218

ASADASASD


P.013702D 11035

036


including statutory liability arising in future shall be borne & paid by the bidder.

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

6.1.5 STATUTORY LEVIES

Cl .No 7.d shall be read in conjunction with in GTC Works Contract as below:-

7.d.1 The Contractor accepts full and exclusive liability for the payment of any and all taxes, duties, Cess, leviesand statutory payments payable under all or any of the statues. Variations of taxes and duties arising out of theamendments to the Central / State enactments, in respect of sale of good / services covered under this bid shall beto 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 actualcompletion period, whichever is earlier; and

· The vendor furnishes documentary evidence of incurrence of such variations, in addition to the invoices/documents for claiming Input Tax credit, wherever applicable.

7.d.2 The rates quoted should be inclusive of all taxes. However, wherever the tax is 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 suchpayments of tax will be furnished to the contractor.

7.d.3 The Vendor shall comply with all the provisions of the GST Act / Rules / Requirements like providing oftax invoices, payment of taxes to the authorities within the due dates, filling of returns within the due dates etc. toenable HPCL to take Input Tax Credit. In case of imports, vendor shall provide import documents and invoicefulfilling the requirement of Customs Act and Rules. Vendor will be fully responsible for complying with theCustoms provisions to enable HPCL to take input Tax credit.

7.d.4 In case, HPCL is not able to take Input Tax Credit due to any on compliance/default/negligence of theseller of goods / service provider, the same shall be recovered from the pending bills / dues (including securitydeposit, BG etc.).

7.d.5 Vendor shall be responsible to indemnify the Corporation for any loss, direct or implied, accrued to theCorporation on account of supplier/service provide failure to discharge his statutory liabilities like paying taxeson time, filing appropriate returns within the prescribed time etc.

7.d.6 Anti-Profiteering Clause

GST Act. Anti-profiteering provisions mandate’s that any reduction in tax rates or benefits of input tax credits bepassed on to the consumer by way of commensurate reduction in price. Vendors to take note of the same and passsuch benefits while quoting their price.

6.2 Custom Duty:

6.2.1 The Contract Price shall include the following duties i.e Custom Duties, Social Welfare Surcharge, IGSTfor all materials and consumables envisaged to be imported for incorporation in the permanent works. It shall beclearly understood by the Contractor that custom duty shall neither be paid nor reimbursed byEmployer/Consultant. Contractor shall be fully responsible for port clearance including stevedoring, handling,unloading, loading, storage, inland transportation and receipt of materials at site etc. and cost thereof shall be

Page 106 of 218

ASADASASD


P.013702D 11035

036


included in the contract price. The contractor shall also be fully responsible for any delays, penalties, demurrages,shortages and other charges and losses, if any, in this regard.

6.2.2 The CIF value of materials envisaged to be imported for the purpose of permanent incorporation in theworks shall be indicated separately in the Price Schedule. The custom duty and other import duties payable on theCIF value of materials imported for the purpose of permanent incorporation in the work shall be paid directly bythe contractor and are included in the contact price. However, the Employer/Consultant shall pay statutory variationin custom duty (except cenvatable component), if any, after the date of submission of last price bid & up toContractual completion period but beyond the contractual completion period the statutory variation shall be tocontractor’s account.

6.3 Income Tax / Corporate Tax:

6.3.1 Income Tax deductions shall be made from all payments made to the Contractor as per the rules andregulations in force in accordance with the Income Tax Act prevailing from time to time. Any subsequent changeof Income Tax Laws in India in future shall also be effected if applicable during the currency of the Contract.

6.3.2 Corporate Tax Liability if any shall be to Contractor's account.

6.3.3 GST as may be applicable shall be deducted as per the trade tax act.

6.3.4 As regards Income Tax, Surcharge on Income Tax or any other Corporate Tax payable by the Bidderfor reason of the contract awarded, and / or on their expatriate personal, the Owner shall not bear any Tax liabilitywhatsoever, irrespective of the mode of construction of contract / order. The Bidder shall be liable and responsiblefor payment of such tax, if attracted under the provision of Indian Income Tax Act.

6.3.5 Bidder may note that if any tax is deductible at source as per Indian Income Tax Law, the same will beso deducted before releasing any payment to the Bidder and a TDS (Tax deducted at source) certificate will befurnished to the Bidder. Accordingly, Bidder shall have the responsibility to check and include such provision oftaxes in the prices.

6.3.6 In case of delay in delivery due to reasons attributable to Bidder, any new or additional taxes or dutieslevied by Statutory authorities during this period shall be borne by the Bidder.

6.3.7 The contractor shall provide accurate particulars of PAN number as required, under Section 206AA ofIncome Tax Act 1961. In case of non-residents not having Permanent Account Number (PAN) the provisions ofsection 206AA shall not apply if the non-resident furnishes the following information/ documents:

a. Name, e-mail id, contact number;b. Address in the country of which the deductee is a residentc. Tax Residency Certificate (TRC) from the Government of that countryd. Tax identification number / unique number of the deductee in the country of his residence.

6.3.8 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. Rule21AB of the Income Tax Rules, 1962 has prescribed the contents of a TRC. This would enable the Owner todeduct 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.

6.4 Statutory Variations in taxes, duties & levies

6.4.1 Change in Tax Law (as defined below), which results in increased cost of supply and services under theContract through increased liability of Taxes, the seller shall be covered for any such increased cost by the Ownersubject to the production of documentary proof to the satisfaction of the Owner to the extent which is attributable

Page 107 of 218

ASADASASD


P.013702D 11035

036


to such change or amendment as mentioned above within the Contractual Delivery Date. However, in case ofdelay in delivery beyond the contractual delivery date, for reasons attributable to seller, any increase in taxes shallbe borne by seller. Any decrease in Taxes shall be passed on to the Owner.

6.4.2 Further variation in taxes and duties (both nature and quantum) shall be applicable only on the taxes andduties indicated in the Price Bid. The statutory increase in taxes (in case where quoted taxes are less than the taxes/duties payable as per the statute) shall be payable only to the extent of taxes quoted by the vendor plus statutoryincrease in the taxes.

6.4.3 The statutory variation in Customs duty, based on CIF value of import content indicated in bid, within thecontractual delivery period after bid due date and till Contractual delivery period shall be to Owner's accountagainst submission of the documentary evidence. However, any increase in the rate of Customs duty beyond thecontractual completion period shall be to bidder's account. In case of wrong classification, no variation includingstatutory variation of Customs Duty will be payable extra. Any decrease in the rate of Customs duty shall be passedon to the Owner.

6.4.4 Since Goods and Services Tax (“GST”) is implemented, Bidders to provide GSTIN number, HSN/SACCode of the Material/Services being supplied and the applicable GST rates.

6.4.5 The Bidder 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/Statestatues.

6.4.6 The Bidder shall comply with all the provisions of the GST Act / Rules / requirements like providing oftax invoices, payment of taxes to the authorities within the due dates, filing of returns within the due dates etc. toenable HPCL to take Input Tax Credit.

In case of imports, vendor shall provide import documents and invoice fulfilling the requirement of Customs Actand Rules. Vendor will be fully responsible for complying with the Customs provisions to enable HPCL to takeInput Tax Credit.

In case, HPCL is not able to take Input Tax Credit due to any noncompliance/default/negligence of the seller ofgoods / service provider, the same shall be recovered from the pending bills/dues (including security deposit, BGetc.) of Bidder.

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

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

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

6.4.9 Corporation will be liable to pay only those taxes and levies as indicated by Bidder at the time of PriceBid submission/as agreed subsequently (prior to opening of priced bids).

6.4.10 Any tax, levies or any other form of statutory levies or cost as on closing date of the tender will be treatedas included in Priced bid. Taxes, Duties, and Levies not indicated by Bidder in the unpriced Bid, but payable, shallbe to Bidder’s account.

Page 108 of 218

ASADASASD


P.013702D 11035

036


6.4.11 New taxes / change in tax rates / levies imposed by the Indian/State Governments through Gazettenotification after the date of submission of last Price Bid but prior to Contractual Delivery Date, the Corporationshall reimburse/ adjust the increase/ decrease in taxes on satisfactory supporting documents being provided by theBidder.

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

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

6.4.14 GSTIN Number

States where the supplies/services are required are given in the price schedule. GSTIN details of HPCL for thesestates can be taken from our website www.hindustanpetroleum.com.

Bidder is required to provide the GSTIN number of state from where supplies will be made to HPCL deliverylocations.

In case any changes are warranted during the execution of the contract with regard to change in state where deliveryis required or change in the supply location of Bidder, the same will be made with mutual consent.

6.4.15 Income tax will be deducted at source as per rules at prevailing rates, unless certificate, if any, fordeduction at lesser rate or nil deduction is submitted by the Contractor from appropriate authority.

6.4.16 The Supplier shall provide accurate particulars of PAN number as required, to enable issuance of TDS (TaxDeduction at Source) certificate.

7.0 SITE VISIT

7.1 Owner / Consultant shall organise the site visit for the bidders, in case of requirement. All such costincurred thereby for the bidders / their representatives for travel and accommodation during the visit shall be borneby respective bidders. The bidder shall examine the site of works and its surrounding and obtain for himself onhis own responsibility all information that may be necessary for preparing of the bid and entering into the contract.The cost of visiting the site shall be at bidder's own expenses. No extra claim on account of non-familiarity of siteconditions / inadequate information in the bid document shall be entertained during execution of works and suchclaims are not admissible.

7.2 The bidder and any of his personnel or agents will be granted permission by Owner / Consultant to enterupon his premises and lands for the purpose of such inspection, but only upon the explicit condition that the bidder,his personnel or agents will release and indemnify the Owner / Consultant and his personnel and agents from andagainst all liability in respect thereof and will be responsible for personnel injury (whether fatal or otherwise), lossof or damage and expenses incurred as a result hereof.

8.0 TIME OF COMPLETION

8.1 The work shall be executed strictly as per time Schedule mentioned elsewhere in the Bidding document.The period of completion given includes the time required for mobilization as well as testing, rectifications, ifany, retesting and completion in all respects to the entire satisfaction of the Engineer-in-Charge.

8.2 The work for each part shall commence concurrently.

8.3 The Engineer-in-Charge and Contractor will prepare a joint program of execution of work. This program will

Page 109 of 218

ASADASASD


P.013702D 11035

036


take into account the time of completion mentioned above.

8.4 Monthly/ weekly construction program will be drawn up by Engineer-in-Charge jointly with theContractor based on availability of work fronts and the joint construction programs as per the above clause. TheContractor shall scrupulously adhere to these targets / programme by deploying adequate personnel, constructiontools & tackles and it shall also supply itself all materials within its scope of supply in good time to achieve thetargets set out in the weekly and monthly programme. In all matters concerning the extent of targets set out in theweekly and achievements, the decision of the Engineer-in-Charge shall be final and binding on the Contractor.

8.5 If the Contractor fails to achieve the targeted progress schedule of each month as mentioned in the IFB,the Owner at its option, may terminate the Contract as Contractor's default and get the work completed from othersources at Contractor's risk, consequence and cost.

8.6 Contractor shall give every day report on category wise labour and equipment deployed along with theprogress of work done on previous day in the proforma prescribed by the Engineer- in-Charge.

8.7 The Contractor shall submit fortnightly report covering all major activities indicating schedule / actualprogress, slippages & its reasons and catch up plan.

9.0 TERMS OF PAYMENT:

9.1 In addition to the provisions of relevant clause of General Terms and Conditions of Work Contract (GTC)and associated provisions thereof, the following payment terms shall be applicable for this project;

The Contractor has to raise the RA bill on monthly basis and payment shall be made as per the following terms:-

9.1.1 Under Ground Pipelines

i) 15 % progressively after clearing & grading of ROU, stringing of pipes, field joint welding,radiography & NDT.

ii) 15 % progressively on completion of trenching by excavation/ blasting & joint coating.iii) 15 % progressively on lowering of pipeline in trenches and backfilling with crown.iv) 15 % progressively on completion of compaction, dressing, cleanup, restoration, and obtain NOC

from Statutory authorities.v) 20 % progressively on completion of Hydro testing, dewatering, swabbing & submission of as built

drawing/ pneumatic testing (in case of common trench).vi) 10% on completion of pre-commissioning (Nitrogen purging etc.) commissioning, handing over

and submission of final documents.vii) 10% on completion of material reconciliation and all work in all respects and acceptance thereof by

EIC.

9.2.1 Above Ground Piping

9.2.1.1 Weld Joints:

i) 90% on alignment, welding, NDT etc. to complete the weld joints.ii) 10% on completion of all work in all respects and acceptance thereof by Engineer-in-Charge.

9.3 Erection & Testing/ SV/ Tap off:

i) 65% progressively on completion of erection of piping along with supports, vent drains, alignment,hydro testing, dewatering and clean-up to achieve mechanical completion.

ii) 15% on completion of painting, commissioning and submission of "As Built Drawings/ Finaldocuments".

iii) 10% on completion of material reconciliation.

Page 110 of 218

ASADASASD


P.013702D 11035

036


iv) 10% on completion of all work in all respects and acceptance thereof by Engineer-in-Charge.

9.4 Civil Works

i) 90% progressively on completion of individual item work on pro-rata basis as certified in monthlyprogress bill.

ii) 10% on completion of all works in all respects and acceptance thereof by Engineer-in-Charge.

9.5 HDD Work/Rock Drilling/ Moling

i) 30 % on completion of stringing of pipes, field joint welding, radiography, pre-hydro testing ofcarrier pipe & field joint coating till the string ready for pulling.

ii) 30 % after completion of pulling of carrier pipe thru HDD and post hydro testing (If required).iii) 20 % progressively on completion of hydro testing, dewatering, swabbing & submission of as built

drawing.iv) 10% on completion of pre-commissioning (Nitrogen purging etc.), commissioning, handing over

and submission of final documents.v) 10% on completion of material reconciliation and all work in all respects and acceptance thereof by

Engineer-in-charge.

9.6 TCP

Payment shall be made for the actual length of pipeline network completed.

i) 60% payment shall be made after completion of TCP/ survey, submission of report and rectification& re-verification of coating defects.

ii) 30% payment shall be made after verification & acceptance of reports.iii) 10% payment on completion of all works in all respects and acceptance thereof by Engineer-in-

charge.

9.7 Barricading of Trench/Pits

i) 60% on receipt of material at contractor’s store/work site, inspection of material at contractor’s storeand quantity certification.

ii) 30% on completion of mechanical work in all respects and acceptance thereof by Engineer-in-Charge.

iii) 10% on completion of all works in all respects and acceptance thereof by Engineer-in-Charge.

9.8 OTHER WORKS (NOT COVERED ABOVE)

i) 90% progressively on completion of individual item work on pro-rata basis as certified in monthlyprogress bill.

ii) 10% on completion of all works in all respects and acceptance thereof by Engineer-in-Charge.

Note: Any further breakup of each activity for the payment purpose can be done depending upon the sitesituation/requirement and recommendation by EIC and approval of construction in-charge.

9.9 PAYMENT METHODOLOGY

9.9.1 HPCL has introduced the computerized Bill Tracking system whereby the contractor will be issued areceipt at the time of the submission of the bills. The contractor can see the status of their bill on HPCL's website.

HPCL will release payment through e-payments only as detailed in the Bidding Document.

9.9.2 Further break-up of Lumpsum Prices, if deemed necessary for any progressive payment of individualitem may be mutually arrived at between Engineer-in-Charge and the Contractor.

Page 111 of 218

ASADASASD


P.013702D 11035

036


9.9.3 No Interest charges for delay in payments, if any, shall be payable by the Owner.

9.9.4 All payments against running bills are advance against the work and shall not be taken as finalacceptance of work / measurement carried out till the final bill.

9.9.5 Bills shall be raised by contractor in line with check list attached in Tender.

9.10 DOCUMENTS TO BE SUBMITTED ALONG WITH FINAL BILL

Bidder shall submit below mentioned documents along with final bill.

i) Invoice in quadruplicateii) Measurement Sheet duly signed by contractor and certified by HPCL/TEiii) Abstract of measurement sheet with cumulative quantity certified by HPCL/TE.iv) No-Claim Certificate declaring that there are no balances or pending Claims from HPCL towards

the subject Order.v) No-Due declaration indicating that there are no balances dues to his sub- vendor/sub-Contractors

along with the Final Bill.vi) Copies of statutory documents as required under the contract and advised by HPCL/TE.vii) Reconciliation statement of Free Issue (HPCL) supplied materialviii) Site clearance including dismantling of temporary store / office as instructed by HPCL/TE.ix) All technical documents stated elsewhere in the tender document.

10.0 WORK ON SUNDAYS , HOLIDAYS AND DURING NIGHT HOURS:

10.1 Contractor will be allowed to work on Sundays, holidays and during night hours only after obtainingprior written approval of Engineer-in-charge / Owner, but in no case at any extra cost or charges to the Owner forsuch work subject, however, to the statutory restrictions, if any, in respect thereof.

11.0 PROGRESS REPORTS:

11.1 All reports, progress charts etc. as required by Site Engineer or by the Owner shall be kept available atbidder’s site office. The same shall be submitted to Site Engineer or the Owner as and when required without anycharge to either the Site Engineer or Owner.

12.0 LABOUR AT SITE:

12.1 No labour shall be allowed to stay at site. The bidder shall obtain prior permission of the Owner for thewatchman who will be required to stay at the site. The bidder shall arrange to provide due facilities to his labourat site. He will keep his temporary office, shed, etc. reasonably clean at all times.

12.2 Labour Relations

12.3 The following shall be appended as sub clause no. 6.a.4 to clause no. 6.a of GTC In case of labourunrest/labour dispute arising out of non-implementation of any law, the responsibility shall solely lie with theCONTRACTOR and he shall remove/resolve the same satisfactorily at his cost and risk.

12.4 The following shall be appended as sub clause no. 6.a.5 to clause no. 6.a of GTC The CONTRACTORshall at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by oramongst his staff and labour and to preserve peace and protection of persons and properly in the neighborhood ofthe Works against such conduct.

13.0 SITE FACILITIES:

Page 112 of 218

ASADASASD


P.013702D 11035

036


13.1 Power Supply.Contractor shall arrange at his own cost power supply distribution for the site. All works by the Contractor willbe done as per Indian Electricity Act & Rules framed there under and passed by the Engineer-in –charge. Thetemporary lines will be removed forthwith, after completion of the work or if there is any hindrance caused toother work due to the alignment of these lines, the Contractor will re-route or remove the temporary lines at hisown cost. The Contract Price shall be deemed to include all costs towards all above.

13.2 Water Supply.The water required for construction and drinking shall be arranged by the Contractor at his own cost. TheContract Price shall be deemed to include all costs towards all above.

13.3 Contractor shall be provided with some area within the site premises for Site Office / Fabrication Yard /Warehouse. Any additional area if required by Contractor for execution of the works shall be arranged by them attheir own cost preferably at a location in close proximity to site. On completion of the relevant works undertakenby the Contractor, it shall remove all temporary works erected by it and have the site cleared as directed byEngineer-in-Charge. If the Contractor shall fail to comply with these requirements, the Engineer-in-Charge mayat the expense of the Contractor remove such surplus and rubbish materials and dispose off the same as he deemsfit and get the site cleared as aforesaid, and the Contractor shall forthwith pay the amount of all expenses soincurred and shall have no claims in respect of any such surplus material disposed of as aforesaid.

13.4 Besides providing site facilities as per law of land, site camps with all related amenities shall be providedin line with the requirements of all Regulations/Acts and the Statutory Authorities along with the followingfacilities at all work places where workmen are deployed / engaged by contractor:

i. Arrangement for First Aid.ii. Arrangement for clean & potable drinking water & Tea, etc.iii. A creche where 10 or more women workers are having children below the age of 6 years.iv. Any other facility/utility as may be required under the Contract as per the existing legislation.v. Rest rooms / toilets for site staff / labour.vi. Proper Rest Facility with drinking water during lunch period.

14.0 COMPLIANCE WITH LAWS:

14.1 The Contractor shall abide by all applicable rules, regulations, statutes, laws, as amended from time totime governing the performance of works in India, including but not limited to the following:

a. Indian Explosives Act, 1984.b. The Motor Vehicles Act, 1988.c. The Factories Act 1949.d. The Petroleum Act, 2002.e. Workman’s Compensation Act 1923.f. Static/Mobile Pressure Vessel Act,g. Indian Electricity Act,h. Indian Boiler Act, 1923.i. Water (Prevention & Control Pollution) Act, 1974.j. Water (Prevention & Control of Pollution) Cess Act-1977.k. The Air (Prevention & Control of Pollution) Act-1981.l. The Radiation Protection Rules-1971m. The Indian Forest Act-1927.n. The Environment [Protection] Act 1986.o. The Environment (Protection) Rules-1986.p. The Hazardous Wastes (Management & Handling) Rules-1989.

Page 113 of 218

ASADASASD


P.013702D 11035

036


q. The Manufacture, Storage & import of Hazardous Chemicals Rules-1989.r. Wild life Act 1972 and Wild Life [Protection] Act 2006.s. Contract Labour (Regulation & Abolition) Act 1970 & the centre rules1971 framed there undert. The Central Motor Vehicle Rule-1989.u. Payment of Wages Act 1936.v. Minimum Wages Act 1948.w. Employer’s Liability Act 1938.x. Apprentices Act 1961.y. Industrial Disputes Act 1947.z. Merchant Maritime Act1920aa. Building and other Construction workers Act 1996bb. Employees’ State Insurance Act 1948cc. Employees’ Provident Fund and Miscellaneous Provisions Act, 1952dd. Any other Statute, Act, Law as may be applicable.

15.0 PERFORMANCE BANK GUARANTEE

15.1 In partial modifications to General Terms & Conditions of works contract clause no 7c, as a PerformanceSecurity, the Contractor, to whom the work is awarded, within 30 (Thirty) days of such award of contract , shallfurnish a PBG in favour of the Owner in the form of irrevocable Bank Guarantee as per proforma approved byOwner. This Bank Guarantee shall be issued by any Scheduled Bank (other than Co-operative Bank). TheGuarantee amount shall be 10% (Ten Percent) of the Contract Price as awarded, for the faithful performanceof the contract strictly in accordance with terms and conditions of contract. The Performance Bank Guarantee shallbe valid till expiry of Three (3) Months after the end of Defect Liability Period under the Contract.

15.2 In the event completion of works is delayed beyond the Scheduled Completion date for any reasonswhatsoever, the Contractor shall get the validity of the guarantee suitably extended to cover the period mentionedabove.

15.3 The Owner shall have an unqualified option under this guarantee to invoke the Banker’s Guarantee andclaim the amount there under in the event of the Contractor failing to honor any of the commitments entered intounder this Contract and/or in respect of any amount due from the Contractor to the Owner. In case Contractor failsto furnish the requisite Bank Guarantee as stipulated above, then the Owner shall have the option to terminate theNotification of Award of Work and forfeit the Bid Security/Earnest Money amount and no compensation for theworks performed shall be payable upon such termination.

15.4 Upon completion of the Works as per Completion Schedule stipulated in the Contract, the above saidguarantee shall be considered to constitute the Contractor’s warranty/guarantee for the work done by him or forthe Works supplied and their performance as per the specifications and any other conditions against this Contract.The warranty/guarantee shall remain in force for 12 months from the date of issuance of certificate of Completionand/or the date of Owner taking over the work, whichever is earlier, in line to General Terms and Condition ofWork Contract and acceptance to entire system to owner. The Contractor shall also arrange for the PerformanceGuarantee to remain valid until the expiration of the guarantee period plus Three (3) Months for entire workscovered under the contract.

15.5 In the event of Completion of Project being delayed beyond the Scheduled Completion date, the Ownermay without prejudice to any other right or remedy available to the Owner, operate the Bank Guarantee to recoverthe Liquidated Damages as per Clause No. 10.0 of General Terms and Condition of Work Contract. TheBank Guarantee amount shall thereupon be increased to the original amount, or the Contractor may alternativelysubmit a fresh Bank Guarantee for the equivalent amount of compensation for delay recovered.

16.0 PROVIDENT FUND

16.1 The Contractor shall strictly comply with the provisions of Employees Provident Fund Act and register

Page 114 of 218

ASADASASD


P.013702D 11035

036


themselves with RPFC before commencing work. The Contractor shall deposit Employees and Employerscontributions to the RPFC every month. The Contractor shall furnish along with each running bill, the challan/receipt for the payment made to the RPFC for the preceding months.

17.0 CONSTRUCTION EQUIPMENT, TOOLS & TACKLES

17.1 Contractor shall be solely responsible for making available for executing the work, all requisite equipment,special aids, crane, tools, tackles and testing equipment and appliances suitable and required for the entire jobincluding the stations works for installation of both free issue material and contractor bought out items. Suchequipment etc. shall have applicable safety/fitness certificates as applicable under Government Rules/Laws andshall be subject to examination and approval by Owner for the same being in first class operating condition. Anydiscrepancies pointed out by Owner shall be immediately got rectified, repaired or the equipment replacedaltogether, by Contractor. Owner shall not in any way be responsible for providing any such equipment machinery,tools and tackles etc.

17.2 The Contractor shall without prejudice to his overall responsibility to execute and complete the work asper specifications and time schedule, progressively arrange and deploy adequate equipment’s and tools and tacklesas per construction plan approved by Owner at construction site and augment the same as decided by the Engineer-in-Charge depending on the exigencies of the work so as to suit the construction schedule, without any additionalcost to Owner.

17.3 Total Stations, Theodolite for survey, Dumpy levels, plump bobs, prismatic compass, chain, steel andmetallic tape as a minimum and all other surveying instruments found necessary for the works at all the stationsshall be provided by the CONTRACTOR for the due performance of their contracts as instructed by Owner/Consultant. Owner/ Consultant. will use any or all measure instruments or tools belonging to the CONTRACTORas and when he chooses for checking the completed works as well as the work in progress.

17.4 All scaffolding and ladders that may be necessary for taking measurements at site will be provided bythe CONTRACTOR.

18.0 CHANGE ORDERS

18.1 A change order will be initiated in case:

i. The Owner directs the Contractor to include any addition to the scope of work not covered under thiscontract or deletes any part of the scope of the work under the contract.

ii. Contractor requests to delete any part of the work which will not adversely affect the operationalcapabilities of the project and if agreed by the Owner and for which cost and time benefits shall be passed on tothe Owner.

18.2 Any changes required by the Owner before giving their approval to detailed procedure or any other documentrelating to material procurement, layout plans etc for complying with the requirements of bidding document shall not beconstrued to be a change in the scope of work under the contract.

18.3 Any change order as above comprising an alteration which involves a change in the cost of the works (whichsort of alteration is hereinafter called a "Variation") shall be the subject of an amendment to the contract by way of anincrease or decrease in the contract price and adjustment of the Construction Schedule if any.

18.4 If the contract provides applicable rates for the valuation of the variation in question the contract priceshall be increased or decreased in accordance with those rates. If the parties agree that the contract does not containapplicable rates then the parties shall negotiate a revision of the contract price which shall represent the change incost of the works caused by the variations. Any change order must be duly approved by the Owner in writing.

Page 115 of 218

ASADASASD


P.013702D 11035

036


18.5 If there is a difference of opinion between Contractor and Owner whether a particular work constitutes achange order or not, the matter shall be handled in accordance with the procedures set forth in Para 18.7 below.

18.6 Within 10 (Ten) working days of receiving the comments from the Owner on the documents submittedby the Contractor for approval, the Contractor’s response in writing stating which item(s) is/are potential change(s), if applicable, will be submitted to the Owner.

18.7 Procedure

18.7.1 During execution of work if the Contractor observes that any new requirements which is not specific orintended in the bidding document has been indicated by Owner, they shall discuss the matter with Owner'srepresentatives.

18.7.2 In case such requirement arises from the side of the Contractor they would also discuss the matter withOwner's Representative.

18.7.3 In either of the two cases above, the representatives of both the parties shall discuss the projectrequirement and mutually decide whether the project requirement constitutes a change order.

18.7.4 If it is mutually agreed that the project requirement/Inquiry constitutes a "Change Order" then a jointmemorandum will be prepared to confirm a "Change Order" and basic ideas of necessary agreed modifications.

18.7.5 Contractor will study the work required in accordance with the Joint memorandum and assess subsequentschedule and cost effect if any.

18.7.6 The results of this study would be discussed mutually to enable Owner to give a final decision whetherContractor should proceed with the Change Order or not, in the best interest of the Project.

18.7.7 If Owner's representative accepts the change order in writing then Contractor shall proceed with the workstipulated in the Change order. Time worked by all workmen employed and a statement showing the descriptionand quantity of all materials and plant utilised for extra work shall be submitted to Owner. The Owner’srepresentative shall sign and return to the Contractor the statement, as agreed. At the end of each month theContractor shall deliver to the Owner’s representative a priced statement of the labour, materials and plant used.Whenever any dispute arises as to cost allocation between the Contractor and the Owner, the voucher shallnevertheless be signed by the Owner as a record of time worked and materials used. List and vouchers so signedwill be the subject of negotiations between the Owner and the Contractor regarding their costs allocation.

18.7.8 In case, mutual agreement as above that is whether Project Requirement constitutes a Change order ornot, is not reached, then Contractor, in the interest of the project, shall take up the implementation of the work, ifadvised in writing to do so by Owner's representative pending settlement between the two parties to the effectwhether the Project Requirement constitutes a change order or not as per the terms and conditions of ContractDocuments.

18.7.9 The time and cost effect in such a case shall be mutually verified for the purpose of record. Should it beestablished that the said work constitutes a Change Order, the same shall be compensated taking into account therecords kept and in accordance with the contract.

18.7.10 Should the amount of extra work/ change order, if any, which the Contractor may be required to performunder instructions from the Owner, fairly entitle the Contractor to extensions of time beyond the scheduledcompletion date for completion of either the whole of the works or for such extra work only, the Owner and theContractor shall mutually discuss and decide the extension of time, if any to be granted to the Contractor.

19.0 CONSTRUCTION EQUIPMENT AND ORGANIZATION

Page 116 of 218

ASADASASD


P.013702D 11035

036


19.1 CONSTRUCTION EQUIPMENT

19.1.1 The CONTRACTOR shall without prejudice to his overall responsibility to execute and complete thework as per specifications and time schedule deploy construction equipment and tools & tackles and augmentthe same as decided by the Engineer-in- Charge depending on the site requirement & exigencies of the work soas to complete all works within the contracted time schedule and without any additional cost to OWNER.

19.1.2 No construction equipment shall be supplied by the OWNER. CONTRACTOR to ensure deployment ofsuitable equipment and take all safety precautions during execution of work.

19.1.3 CONTRACTOR shall be solely responsible for making available for executing the WORK, all requisiteCONSTRUCTION EQUIPMENTS, Special Aids, Barges, Cranes and the like, all Tools, Tackles and TestingEquipment and Appliances, including imports of such equipment etc. as required. In case of import of the samethe rates applicable for levying of Custom Duty on such Equipment, Tools, & Tackles and the duty drawbackapplicable thereon shall be ascertained by the CONTRACTOR from the concerned authorities of Government ofIndia. It shall be clearly understood that OWNER shall not in any way be responsible for arranging to obtainCustom Clearance and/or payment of any duties and/or duty draw backs etc. for such equipments so imported bythe CONTRACTOR and the CONTRACTOR shall be fully responsible for all taxes, duties and documentationwith regard to the same. Tenderer in his own interest may contact, for any clarifications in the matter, concernedagencies/Dept./Ministries of Govt. of India. All clarifications so obtained and interpretations thereof shall besolely the responsibility of the CONTRACTOR.

19.2 SITE ORGANISATION

Subject to the provisions in the contract document and without prejudice to CONTRACTOR’s liabilitiesand responsibilities to provide adequate qualified skilled, semi-skilled and unskilled personnel on the work,CONTRACTOR shall deploy supervisory personnel as mentioned in tender documents and augment the same asdecided by the Engineer-in-Charge depending upon the site requirement & the exigencies of work so as tocomplete all works within the contracted time schedule and without any additional cost to OWNER.

Qualification and experience of Key Supervisory Personnel to be deployed for this work shall be as mentionedin Special Terms and Conditions.

20.0 MEASUREMENT OF WORK

20.1 Payments will be based on the actual measurements jointly taken by the Engineer-in-Charge/Owner’s representative and the Contractor. All payments will be made on the basis of actual measurements only.

21.0 PRICE REDUCTION FOR DELAY IN DELIVERY

21.1 In partial modifications of the General terms and conditions of Works contract, in the event of delaybeyond the Contractual progressive delivery dates for reasons not attributable to Owner and not constitutingconditions of force majeure, it will be at Owner’s discretion, without prejudice to his other rights under thecontract, to accept delayed delivery at the prices reduced as per the following:

21.2 Time allowed for carrying out the work as mentioned in bidding document shall be strictly adhered to bythe Contractor. Work shall be carried out with all the diligence throughout the stipulated period of the contract.

21.3 Value/Quantum of completed job as on the date of Contractual Delivery Date (CDD) shall be recordedjointly by the Contractor, Consultant/Owner.

21.4 The price reduction for slippage shall be equal to 0.5% per week of delay or part thereof and on theundelivered portion of the contract price as on CDD. Total Price reduction shall be subject to ceiling of 5% ofthe undelivered portion of the contract price.

Page 117 of 218

ASADASASD


P.013702D 11035

036


21.4 Second Crop/additional compensations to be paid to land owners due to fault of vendor will be recoveredfrom the vendor.

22.0 STATUTORY APPROVALS

22.1 The approval from any authority required as per statutory rules and regulations of Central/StateGovernment/Local Bodies shall be the contractor's responsibility unless otherwise specified in the bid document.The application on behalf of the Owner for submission to relevant authorities along with copies of requiredcertificates complete in all respects shall be prepared and submitted by the Contractor well ahead of time so thatthe actual construction/ commissioning of the work is not delayed for want of the approval/inspection byconcerned authorities.

22.2 The Contractor shall arrange the inspection of the works by the authorities and necessary co- ordinationand liaison work in this respect shall be the responsibility of the contractor. However statutory fees paid, if any, forall inspections and approvals to such authorities shall be reimbursed at actual by the Owner to the contractor onproduction of documentary evidence.

22.3 Any change/ addition required to be made to meet the requirements of the statutory authorities shall becarried out by the contractor without additional cost to Owner. The inspection and acceptance of the work bystatutory authorities shall however, not absolve the contractor from any of his responsibilities under this contract.

23.0 TESTS AND INSPECTION

23.1 The Contractor shall carry out various tests as enumerated in the technical specifications of the biddingdocument and the technical documents that will be furnished to him during the performance of the work.

23.2 All the tests either on the field or at outside laboratories concerning the execution of the work and supplyof materials by the Contractor shall be carried out by Contractor at his own cost.

23.3 The work is subject to inspection at all times by the HPCL/TE. The contractor shall carry out allinstructions given during inspection and shall ensure that the work is being carried out according to the technicalspecifications of bid document, the technical documents and the relevant codes of practice will be furnished to himduring the performance of the work.

23.4 The Contractor shall provide for purposes of inspection access ladders, lighting and necessaryinstruments at his own cost.

23.5 Any work not conforming to execution drawings, specifications or codes shall be rejected forthwith andthe Contractor shall carryout the rectifications at his own cost.

23.6 All results of inspection and tests will be recorded in the inspection reports, proforma of which will beapproved by the Engineer-in-Charge. These reports shall form part of the completion documents.

23.7 For materials supplied by Owner, Contractor shall carryout the tests, if required by the Engineer-in-Charge, and the Owner shall reimburse the cost of such tests at actual to the Contractor on production ofdocumentary evidence.

23.8 Statutory fees paid to IBR authorities and for repeat tests and inspection due to failures, repairs etc. suchreasons attributable to the Contractor shall be borne by the Contractor.

23.9 Inspection and acceptance of work shall not relieve the Contractor from any of his responsibilities underthis Contract.

24.0 INSPECTION OF SUPPLY ITEMS/ MATERIALS

Page 118 of 218

ASADASASD


P.013702D 11035

036


24.1 All inspection and tests on bought out items/ materials shall be made as per the specifications forming partof this contract. Various stages of inspection and testing (for ingredients/ execution quality/ executionworkmanship/ Post execution) shall be identified after receipt of Quality Assurance Program from theContractor/Manufacturer.

24.2 Inspection calls shall be given for associations of Owner/ Consultant’s representative as per mutuallyagreed program in prescribed proforma with 15 days margin, giving details of equipment and attaching relevanttest certificates and internal inspection report of the Contractor. All drawings, General Arrangement and othercontract drawings, specifications, catalogues etc. pertaining to equipment offered for inspection shall be gotapproved from Owner/Consultant and copies shall be made available to Owner/Consultant beforehand forundertaking inspection.

24.3 The Contractor shall ensure full and free access to the inspection engineer of Owner/Consultant at theContractor’s or their sub-contractor’s premises at any time during contract period to facilitate him to carry outinspection and testing assignments.

24.4 The Contractor/sub-contractor shall provide all instruments, tools, necessary testing and other inspectionfacilities to inspection engineer of Owner/Consultant free of cost for carrying out inspection.

24.5 Where facilities for testing do not exist in the Contractor’s/sub-contractor’s laboratories, samples andtest pieces shall be drawn by the Contractor/Subcontractor in presence of Inspection Engineer ofOwner/Consultant and duly sealed by the later and sent for testing in NABL approved Test House or any othertesting laboratories approved by the Inspection Engineer at the Contractor’s cost.

24.6 It is sole responsibility of Contractor to ensure facilitation of Inspection for all the bought-out items &timely completion of the delivery of such items to site locations without leading to impact the constructionschedule.

24.7 Any changes / re-inspection required to be carried out due to non-compliance to the technicalrequirements will be sole responsibility of the contractor. Contractor shall perform these actions without any time& cost implications to Owner / Consultant.

25.0 TEST CERTIFICATES

25.1 Bidder shall be required to submit recent test certificates for the material being used in works from therecognized laboratories. These certificates should indicate all properties of the materials as required in relevant ISStandards or International Standards.

25.2 Contractor shall also submit the test certificate with every batch of material supplied which will beapproved by Engineer-in-Charge. In case any test is to be carried out, the same shall be got done at the discretionof the Owner/Consultant in the approved laboratory at the cost of contractor. No secured advance will be givenfor the materials not having test Certificates.

26.0 FINAL INSPECTION

26.1 After completion of all tests as per specification the whole work will be subject to a final inspection toensure that job has been completed as per requirement. If any defects noticed in the work attributable to Contractor,the Contractor at his own cost shall attend these, as and when the owner brings them to his notice. TheOwner/Consultant shall have the right to have these defects rectified at the risk and cost of the contractor if he failsto attend to these defects immediately.

27.0 HEALTH SAFETY AND ENVIRONMENT (HSE) MANAGEMENT

Page 119 of 218

ASADASASD


P.013702D 11035

036


27.1 The Contractor, during entire duration of the Contract, shall adhere to HSE requirement as per HSEMANAGMENENT Specifications provided in Tender Documents.

27.2 The contractor shall engage qualified and experienced HSE Engineer at each location. The qualificationand experience of such personnel shall not be less than what specified in Tender Documents

28.0 COMPUTERIZED CONTRACTORS BILLING SYSTEM

28.1 Without prejudice to stipulation in Terms and Conditions of Works Contract, the Contractor shouldfollow the printed / typed billing system.

28.2 The bills will be prepared by the Contractor on their own PCs as per the standard formats and codificationscheme proposed by Owner/Consultant. The Contractor will be provided with data entry format to capture therelevant billing data for subsequent processing. Contractor will submit these data to Owner/Consultant in anelectronic media along with the hard copy of the bill, necessary enclosures and documents. The Contractor willalso ensure the correctness and consistency of data so entered with the hard copy of the bill submitted for payment.

28.3 Owner/Consultant will utilize these data for processing and verification of the Contractor’s bill andpayment.

29.0 INSURANCES

The clause 6.e of General Terms and Conditions of Contract shall apply along with the following:

29.1 Bidder shall carry out and maintain any and all Statutory Insurance(s) Requirements required underIndian laws and regulations, including Workmen Compensation Act/ Employee State Insurance/ Third PartyLiabilities etc. and Insurances for their personnel engaged in performance of the work at Contractor’s own cost.

29.2 Irrespective of work acceptance, the responsibility to maintain adequate insurance coverage at all timesduring the period of Contract shall be that of Contractor alone. Contactor’s failure in this regard shall not relievehim of any of his responsibilities and obligations under the contract.

29.3 Contractor shall provide the Owner with a copy of all insurance policies and documents taken out by himin pursuance of the Contract. Such copies of documents shall be submitted to the Owner immediately upon theContractor having taken such insurance coverage. Contractor shall also inform the Owner at least 60 (Sixty) daysin advance regarding the expiry, cancellation and/or changes in any of such documents and ensurerevalidation/renewal etc, as may be necessary well in time.

30.0 INSURANCE FOR FREE ISSUE MATERIAL

30.4 Contractor shall at his own expense arrange, secure and maintain insurance cover for Owner’s suppliedfree issue materials as defined in Tender Document of adequate value as intimated by owner / consultant.Contractor’s quoted price shall be inclusive of all costs on account of insurance liabilities covered under theContract. Contractor to note that the beneficiary of insurance cover shall be HPCL.

30.5 Contractor shall be intimated the cost of free issue items to be insured in every work order awarded /Intimation of work. The contractor has to insure 100% free issue items within fifteen (15) days of every workorder awarded.

31.0 MAKE OF MATERIAL

31.1 The materials required to be supplied by the Bidder under this Contract shall be procured only from Owner/ Consultant approved vendors. Where the makes of materials are not indicated in the IFB, Bidder shall furnish thedetails (Past track record / credentials) of proposed makes and shall obtain prior approval of Owner / Consultant.Bidder shall not procure any item from vendors not approved by Consultant/ Owner.

Page 120 of 218

ASADASASD


P.013702D 11035

036


31.2 Bidder is also required to ensure that equipment qualification criteria, specified elsewhere in the biddocument, are also simultaneously met.

31.3 Bidder shall make an independent assessment of capability of all the vendors for timely deliveries ofmaterial / equipment. Any delays in deliveries by vendor(s) shall not be a cause of Schedule and cost implication.

31.4 Non-acceptance of a particular proposed Makes /vendor due to any reasons whatsoever shall not be a causeof Schedule and cost implication to the Owner.

31.5 At any stage of the project, if it comes to the notice of Owner/ Consultant that Vendor has procuredmaterial / equipment, intentionally or unintentionally whatsoever, from an unapproved vendor and/or items notfalling in approved range of vendor(s), the same shall be rejected forthwith and Vendor shall be liable to replacesuch material /plant / machinery without any Schedule and cost implication to the Owner.

31.6 It is understood that should the name of Vendor be changed due to change in their Company or Corporateshareholding, Owner may accept such Vendors under its new name with prior approval.

31.7 Any such approval shall however, not absolve the Vendor from any of his obligations under the contract;neither shall any such approval signify nominations or instruction to use such a vendor. All approved vendors aredeemed to have been freely chosen by the VENDOR at his own risk.

32.0 SETTLEMENT OF DISPUTE BETWEEN TWO PSUS

32.1 In the event of any disputes or difference relating to the interpretation and application of the provisionsof the contracts, such disputes or differences shall be referred by either party to the Arbitration in the Departmentof Public Enterprises nominated by the Secretary to the Govt. of India in charge of the Board of Public Enterprises,Govt. of India. The Arbitration and Conciliation of shall not be applicable to such arbitration. The award of theArbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such awardmay make a further reference for setting aside or revision of the award to the Law Secretary, Ministry of Law andJustice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary cc theSpecial Additional Secretary when so authorized by the Law Secretary whose decision shall bind the parties finallyand conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator.

33.0 ADDITIONAL WORKS/ EXTRA WORKS

33.1 Owner reserves their right to execute any additional works/ extra works, during the execution of work,either by themselves or by appointing any other agency even though such works are incidental to and necessaryfor the completion of works awarded to the Contractor. In the event of such decisions taken by Owner, Contractoris required to extend necessary cooperation, and act as per the instructions of Engineer-in-Charge. No extratime/cost compensation will be made by Owner/Consultant.

34.0 GUARANTEE

34.1 Contractor needs to replace/repair or reinstall free of cost any material/equipment supplied by him in caseit fails to operate due to defective materials or workmanship as per requirements of this specification withinTwelve (12) months from the date of issue of completion certificate and/or the date of Owner taking over the work,whichever is earlier, in line to General Terms and Condition of Work Contract thereby acceptance of the entiresystem by Owner.

34.2 Contractor shall replace at his own cost if any item found defective or missing before handing over thesystem to Owner. The decision of Engineer-in-Charge/Owner shall be final and binding in this regard. Theguarantee for such rectified/replaced item shall be for a period of 12 months from completion of suchrectification/replacement.

35.0 LIMITATION OF LIABILITIES

Page 121 of 218

ASADASASD


P.013702D 11035

036


35.1 The final payment by the Owner in pursuance of the contract terms shall not mean release of theContractor from all his liabilities under the contract. The Contractor will be liable and committed under thiscontract to fulfill all his liabilities and responsibilities, till such time the Owner releases Contract PerformanceGuarantee.

35.2 Contractor’s over all liability towards execution of the Contract will not exceed 100% (One hundredPercent) of the total Contract Price without prejudice to any other rights Owner may have as per terms & conditionsof the Contract. Provided, this cap on liability of the Contractor shall not apply in case of loss or damage arisingout of (i) negligence of the Contractor or any person engaged by the Contractor and or (ii) infringement of anyintellectual property by Contractor or any person engaged by the Contractor and or (iii) statutory liability.

36.0 GOVERNMENT OF INDIA NOT LIABLE

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

37.0 RECOVERY IN CASE OF RISK PURCHASE

37.1 The Owner reserves the right to deduct recoverable amount from any amount due under any pendingbills payable to the Contractor.

38.0 ISSUE OF OWNER SUPPLIED MATERIAL

38.1 The conditions for issue of material shall apply for materials explicitly mentioned under owner scope ofsupply only and reconciliation shall be as per provisions mentioned in Special Terms and Conditions of Contract.

38.2 The reconciliation of material shall be applicable only for the material issued by Owner as free issue toContractor and monthly reconciliation statement will be submitted along with monthly RA bill.

38.3 Indemnity bond will be submitted for the value of free issue of material valid till completion of Work.

39.0 LOCATION OF DUMPYARD / WAREHOUSE / STORAGE YARD

39.1 The location of the dumpyard/warehouse/store yard shall be HPCL Panipat Depot. Other neces-sary details shall be informed to successful bidder.

39.2 The Contractor shall collect the line pipes from the above dump yard(s) and arrange handling of pipesincluding crane etc. for unloading, transportation of pipes to required location.

39.3 Similarly other items issued as Free Issue Material (FIM) shall be collected by the Contractor fromEmployer/Consultant’s designated storage yard(s) as directed by Engineer-in-Charge. Contractor shall arrange forhandling of FIM including crane etc for loading/unloading, transportation of FIM to required site location free ofcost.

Page 122 of 218

ASADASASD


P.013702D 11035

036


39.4 Contractor shall lift the entire quantity envisaged for the section (inclusive of 10% extra pipe quantity)to cater to the wastage, re-routing etc., encountered during the construction; store it properly in the pipe yardmaintained by the contractor.

39.0 QUALITY ASSURANCE/ QUALITY CONTROL

39.1 Bidder shall include in his offer the Quality Assurance Program containing the overall qualitymanagement and procedures, which is required to be adhered to during the execution of contract. After the awardof the contract detailed quality assurance program shall be prepared by the contractor for the execution of contractfor various works, which will be mutually discussed and agreed to.

39.2 The Contractor shall establish document and maintain an effective quality assurance system outlined inrecognized codes.

39.3 Quality Assurance System plans/procedures of the Contractor shall be furnished in the form of a QAmanual. This document should cover details of the personnel responsible for the Quality Assurance, plans orprocedures to be followed for quality control in respect of Design, Engineering, Procurement, Supply, Installation,Testing and Commissioning. The quality assurance system should indicate organizational approach for qualitycontrol and quality assurance of the construction activities, at all stages of work at site as well as at manufacturer'sworks and dispatch of materials.

39.4 The Owner/Consultant or their representative shall reserve the right to inspect/witness, review any or allstages of work at shop/site as deemed necessary for quality assurance.

39.5 The contractor has to ensure the deployment of quality Assurance and Quality Control Engineer(s)depending upon the quantum of work. This QA/QC group shall be fully responsible to carry out the work as perstandards and all code requirements. In case Engineer-in-charge feels that contractor's QA/QC Engineer(s) areincompetent or insufficient, contractor has to deploy other experienced Engineer(s) as per site requirement and tothe full satisfaction of Engineer-In-Charge.

39.6 In case contractor fails to follow the instructions of Engineer-in-charge with respect to above clauses,next payment due to him shall not be released unless and until he complies with the instructions to the fullsatisfaction of Engineer-in-charge.

39.7 The Contractor shall adhere to the quality assurance system as provided in tender documents.

39.8 Contractor shall provide all information and along with the consultant maintain C.T.E Registers.

39.9 The contractor shall engage a full time Quality Assurance/QC Engineer for each location as defined intender document.

39.10 Contractor shall use stage wise Checklist to ensure that all the construction activities are carried outcomplying with Specifications, Codes & Standards, Typical formats of Checklist are as per TechnicalSpecifications. These are attached separately with this Tender.

40.0 MOBILIZATION ADVANCE (NOT APPLICABLE FOR THIS TENDER)

41.0 DISTINCTION BETWEEN FOUNDATION AND SUPERSTRUCTURE

41.1 To distinguish between work in foundations and superstructures, the following criteria shall apply:

41.2 For all Equipment pedestals, pipe racks, other foundation and R.C.C. Structures, work done up to 300mm level above finished grade level will be taken as work in foundations and work above this level will be treated

Page 123 of 218

ASADASASD


P.013702D 11035

036


as work in superstructures and payments would be made accordingly.

41.3 For Buildings only, all works upto level corresponding to finished floor level shall be treated as `Workin foundation' and all works above the finished floor level shall be treated as "Work in superstructure".

41.4 Irrespective of what has been stated above, all pavements, R.C.C. Retaining wall, all pipe sleepers andany similar item would be taken as work done in foundations irrespective of locations, nomenclature and levelsgiven anywhere.

41.5 Where not specifically pointed out all works in Cellars/ sumps, Tank Pads, Cable trenches, or such similaritem would be taken as work in foundation.

42.0 SITE CLEANING

42.1 The Contractor shall clean and keep clean the work site from time to time to the satisfaction of theEngineer- in-Charge for easy access to work site and to ensure safe passage, movement and working.

42.2 If the work involves dismantling of any existing structure in whole or in part, care shall be taken to limit thedismantling up to the exact point and/or lines as directed by the Engineer-in-Charge and any damage caused to theexisting structure beyond the said line or point shall be repaired and restored to the original condition at theContractor's cost and risks to the satisfaction of the Engineer-in-Charge, whose decision shall be final and bindingupon the Contractor.

42.3 The Contractor shall be the custodian of the dismantled materials till the Engineer-in-Charge takes chargethereof.

42.4 The Contractor shall dispose of the unserviceable materials, debris etc. to any area as decided by theEngineer-in-Charge.

42.5 The Contractor shall sort out, clear and stack the serviceable materials obtained from thedismantling/renewal at places as directed by the Engineer-in-Charge.

42.6 No extra payment shall be paid on the account of site cleaning.

43.0 SITE ORGANISATION

43.1 Subject to the provisions in the contract document and without prejudice to Contractor’s liabilities andresponsibilities to provide adequate qualified skilled, semi-skilled and unskilled personnel on the work andaugment the same as workout basis earned value method and decided by the Engineer-in-Charge depending uponthe site requirement & the exigencies of work so as to complete all works within the contracted time schedule andwithout any additional cost to OWNER. In case of any failure to augment resources as above Owner/Consultantreserve the right to deploy and deduct cost of such deployment from contractor’s bills.

43.1.1 Contractor shall mobilize the key personnel as detailed below. Contractor shall mobilize work force asper agreed schedule duly approved by Owner/ Consultant

Sr. No. Category Qualifications1. Resident Construction

Manager / Resident Engineer /Spread Incharge

Degree in Engineering with minimum 15 years relevantexperience in construction

2. Lead Discipline Engineer Degree in relevant Engineering discipline with minimum 05years’ experience in construction or Diploma in relevantEngineering discipline with minimum 10 years’ experience inconstruction.

Page 124 of 218

ASADASASD


P.013702D 11035

036


3. Lead Welding / NDT & QA /QC Engineer

Degree in Mechanical Engineering / Metallurgy with 5 years’experience in Welding / NDT (Non-destructive Testing) PlusLevel-II in RT (Radiographic Testing) or Diploma inMechanical Engineering / Metallurgy with 10 years’ experiencein Welding / NDT Plus Level-II in RT.

4. Lead Planning Engineer Degree in relevant Engineering discipline with minimum 05years’ experience in Planning & Scheduling or Diploma inrelevant Engineering discipline with minimum 10 years’experience in Planning & Scheduling.

5. Safety Officer Degree / Diploma in Engineering and Diploma in IndustrialSafety with minimum 5 years relevant Experience inConstruction Safety

6. Warehouse Incharge / MaterialsController

Graduate in Science or Diploma in Engineering / MaterialsManagement with 05 years’ experience in Warehouse / StoresManagement of similar nature

NOTE:1. The details of minimum manpower required to be mobilized by the execution contractor to complete the

work within schedule is given above and is not exhaustive. Contractor is required to augment the abovelist with additional numbers/categories of workmen as required and directed by Engineer-In charge tocomplete the work within the completion time schedule and quoted price.

2. The Manpower as identified above should have required qualification and adequate relevant experience.3. Contractor shall mobilize Construction Manager/ Section In-charge, QA/QC Engineer, Planning

Engineer/ and Safety Officer who will be the permanent employees of the Contractor and shall beavailable for the entire duration of job unless approved otherwise by HPCL/ TE.

4. Contractor shall mobilize the required manpower as per agreed schedule (month-wise) duly approved byHPCL/TE.

5. Contractor shall submit bio-data of mandatory Key Supervisory Personnel meeting the requirement asabove, which will be reviewed and approved by Engineer-in charge.

43.1.2 Contractor shall maintain record of actual mobilization of key personnel and work force and Joint recordof mobilization will be maintained and offered to Owner/ Consultant for verification month-wise.

43.1.3 In case of early mobilization or additional mobilization of manpower as compared to required manpower(based on approved schedule) to meet the schedule requirement, contractor shall not be entitled for any extraclaim.

43.1.4 Key personnel and manpower may be demobilized by the contractor on completion of work at site afterwritten clearance of Engineer-in-charge. Price adjustment due to delayed mobilization or shortfall in mobilizationof manpower shall be as below;

a. The Key Supervisory Personnel as mentioned above shall be mobilized within 15 days of written instructionsfor mobilization given during Kick- off-meeting or by Engineer-in-charge based on front availability at site.In case of delay in mobilization or shortfall in Key personnel manpower, penal recovery shall be leviedfrom 16th day onwards as per the recovery rates specified below till the date of mobilization of KeySupervisory personnel at site.

b. Price adjustment for non-mobilization of specified manpower shall be limited to 2.5% of the total executedcontract value. In case of extension of Contractual Completion Date for the reasons not attributable to theCONTRACTOR, amount deducted on account of non-deployment of key personnel and manpower ifany will be refunded to the contractor along with payment of final bill.

43.1.5 Schedule of Labour Rates

a. The Labour rates are "all inclusive". These rates include but are not limited to all payroll costs and

Page 125 of 218

ASADASASD


P.013702D 11035

036


allowances, payroll taxes, fringe benefits, protective and/or special clothing, construction suppliesrequired for work of a nature included in this contract, overhead, profit, insurance, transportation andtravel time.

b. The rates are inclusive of providing hand tools, machinery such as welding machine, grinding machine,gas/welding cutting set and consumables such as fuel, lubricants, electrodes, filler wire, gases, grindingwheels where the concerned category of labour is expected to use in execution of the job but exclusiveof all major equipment and machinery like cranes.

c. The normal time labour rates shall apply for all hours worked upto eight (8) hours in a day and overtimerates shall apply for all hours worked in excess of eight (8) hours in one working day, Sunday and PublicHolidays. The payment for part of the day shall be made on prorata basis.

Sr. No. Category Rate Per Day of NormalHours (In Rs.)

1. Resident ConstructionManager / Resident Engineer / Spread Incharge

10,000

2. Lead Discipline Engineer 50003. Lead Welding / NDT & QA / QC Engineer 50004. Lead Planning Engineer 50005. Safety Officer 50006. Warehouse Incharge / Materials Controller 1000

Notes:

1. Recovery rates shall be rates provided above plus 20%.

44.0 COMPLETION DOCUMENTS

A. Notwithstanding the provisions contained in standard specification, upon completion of work, theContractor shall complete all of the related drawings and documents to the "AS BUILT" stage (including all vendor/ sub-vendor drawings for bought out items), all Free-Issue-Material (FIM) documents and provide theOwner/Consultant, the following:

i. One complete bound set of all original documents as mentioned but not limited to documents listedelsewhere in the bid document.

ii. Three complete bound sets of documents as mentioned at (i) above, in original size and in 3 (three)CD-ROM/DVD.

iii. Three complete bound sets of Contractor's specification including design calculations.iv. Three copies of Daily Progress Reportsv. Three sets of all raw data collected / generated for and during execution of the entire job as specified

in documents requirement.vi. Three sets of Closure report.

Completion DocumentsThe following documents shall be submitted in soft copy and hard binder by the Contractor in 3 (Three) sets, asa part of completion documents:

i. Welding Procedure Qualification Report.ii. Welder Qualification Report.

iii. Radiographic Procedure Qualification.iv. Radiographic Report along with radiographs (Radiographs only with the original).v. Batch Test Certificate from manufacturers for electrodes.

vi. Hydrostatic and other test results & reports.

Page 126 of 218

ASADASASD


P.013702D 11035

036


vii. Electronic Geometry Pigging results & reports as specified in technical document.viii. Pre-commissioning/ Commissioning checklist.

ix. All other requirements as specified in the respective specifications.x. As built drawings.

xi. Any other drawing/document/report specified elsewhere in the bidding documentxii. Test Certificate, Warrantee/Guarantee certificates and copies of Purchase Order with Prices blank

from manufacturers for all supply material.xiii. All other requirements as specified in the respective specifications.xiv. One set of reproducible on polyester film of construction drawing showing therein the execution of

the work duly approved by the Engineer-in-Charge.

Note: The Contractor shall be eligible to apply for issue of completion certificate after submission of completiondocuments as mentioned above.

45.0 COORDINATION WITH OTHER AGENCIES

45.1 Work shall be carried out in such a manner that the work of other agencies operating at the site is nothampered due to any action of the Contractor. Proper coordination with other agencies will be Contractor'sresponsibility. In case of any dispute, the decision of Engineer- in-Charge shall be final and binding on theContractor.

46.0 UNDERGROUND AND OVERHEAD STRUCTURES

46.1 The information to possible extent regarding existing structures/ overhead lines, existing pipelines andutilities shall be informed to Contractor. Over and above Contractor may encounter other structures/ pipelines/OFC etc., the Contractor is required to collect such information’s on his own before commencing the work. TheContractor shall execute the work in such a manner that the said structures, utilities, pipelines etc. are not disturbedor damaged, and shall indemnify and keep indemnified the Owner from and against any destruction thereof ordamages thereto.

47.0 EXECUTION OF ELECTRICAL WORKS

47.1 The Contractor shall engage an approved electrical agency for execution of electrical works so requiredfor execution of the works under this Contract, holding valid electrical Contractor license. In case Contractorhimself executes electrical works then he shall arrange valid electrical Contractor license before start of electricalworks at site.

48.0 RESPONSIBILITY OF CONTRACTOR

48.1 It shall be the responsibility of the Contractor to obtain the approval for any revision and/or modificationsdecided by the Contractor from the Owner/ Engineer-in-charge before implementation. Also such revisions and/ormodifications if accepted/approved by the Owner/Engineer-in-charge shall be carried out at no extra cost to theOwner. Any changes required during and/or after approval for detailed construction drawings due to functionalrequirements or for efficient running of system keeping the basic parameters unchanged and which has not beenindicated by the Contractor in the data/drawings furnished along with the offer will be carried out by the Contractorat no extra cost to the Owner.

48.2 All expenses towards mobilization at site and de-mobilization including bringing in equipment, clearingthe site etc. shall be deemed to be included in the prices quoted and no separate payments on account of suchexpenses shall be entertained.

48.3 It shall be entirely the Contractor's responsibility to provide, operate and maintain all necessaryconstruction equipment, scaffoldings and safety gadgets, cranes and other lifting tackles, tools and appliances toperform the work in a workman like and efficient manner and complete all the jobs as per time schedules.

Page 127 of 218

ASADASASD


P.013702D 11035

036


48.4 Preparing approaches and working areas for the movement and operation of the cranes, leveling the areasfor assembly and erection shall also be the responsibility of the Contractor. The Contractor shall acquaint himselfwith access availability, facilities such as railway siding, local labour etc. to provide suitable allowances in hisquotation. The Contractor may have to build temporary access roads to aid his own work, which shall also be takencare while quoting for the work.

48.5 The procurement and supply in sequence and at the appropriate time of all materials and consumablesshall be entirely the Contractor's responsibility and his rates for execution of work will be inclusive of supply ofall these items.

48.6 Bidder shall note that any delays due to Sub-Vendor / Third Party appointed by contractor in Projectexecution & completion shall be sole responsibility of the contractor.

49.0 GENERAL GUIDELINES DURING AND BEFORE ERECTION

49.1 Contractor shall be responsible for organizing the lifting of the equipment in the proper sequence, thatorderly progress of the work is ensured and access routes for erecting the other equipments are kept open.

49.2 Orientation of all foundation, elevations, lengths and disposition of anchor bolts and diameter of holes inthe supports saddles shall be checked by contractor, well in advance. Minor rectifications including chipping offoundations as the case may be shall be carried out at no extra cost by the contractor after obtaining prior approvalof the Engineer-in-Charge. The Contractor shall also be provided with the necessary structural drawings andpiping layouts etc., wherever required for reference. During the structural member need to be dismantled, tofacilitate the equipment erection, same shall be done by the contractor after ensuring proper stability of mainstructure with prior permission of Engineer-in-Charge. All such dismantled members shall be put in position backafter the completion of equipment erection to satisfaction of Engineer-in-Charge.

49.3 During the performance of the work the Contractor at his own cost, shall keep structures, materials andequipment adequately braced by guys, struts or otherwise approved means which shall be supplied and installedby the Contractor as required till the installation work is satisfactorily completed. Such guys, shoring, bracing,strutting, planking supports etc. shall not interfere with the work of other agencies and shall not damage or causedistortion to other works executed by him or other agencies.

Manufacturer's recommendations and detailed specifications for the installation of the various equipment andmachines will be passed on to the contractor to the extent available during the performance of work. Therequirements stipulated in these clauses shall be fulfilled by the Contractor.

Various tolerances required as marked on the drawings and as per specifications and instructions of the Engineer-in-Charge, shall be maintained. Verticality shall be maintained. Verticality shall be verified with the Theodolite.

50.0 ERECTION OF EQUIPMENTS

50.1 Any erection which may be required, shall be carried out by Cranes of suitable capacity. Erection byderrick shall not be permissible. The contractor shall arrange the crane of suitable capacity required for erectionand include cost for same in respective items without any liability on the part of Employer/Consultant.

50.2 Bidder shall submit the indicative erection scheme for compressor/equipment and shall undertake theerection only after obtaining approval of erection scheme by Engineer-in-charge.

50.3 Grouting of equipments, anchor bolts, pockets and under base plates shall be carried out as per technicalspecifications.

51.0 REPAIR OF PIPE DEFECTS

Page 128 of 218

ASADASASD


P.013702D 11035

036


51.1 Immediately prior to aligning pipe for welding, the bevelled ends of each joint of pipe and the areaimmediately adjacent thereto (at least 25mm from the edge on the inside and outside of the pipe) shall bethoroughly cleaned of paint, rust, mill scale, dirty or other foreign matter by use of power drive wire buffingwheels, disc sanders, or by other methods approved by Employer/Consultant. This shall be done at no extra costto Employer/Consultant.

51.2 All damaged ends of pipe that are bent, cut or otherwise mutilated to such an extent that in the opinionof the Employer/Consultant, faulty alignment or unacceptable welding would result, shall be repaired or cut-offand rebevelled to the correct angle with a bevelling machine of a type approved by Employer/Consultant. Nocompensation shall be allowed by reason of such re-cutting or bevelling, except when required because of theoriginal bevel being damaged before the pipe is "taken over" by Contractor.

51.3 Dents in bevels with a depth of less than 1 mm shall be removed by Contractor during cleaning andgrinding, ahead of the welding in the field. Contractor shall rebevel dented bevel ends with a depth between 1 and3 mm. Dents over 3mm depth shall be repaired by cutting and rebevelling.

52.0 MECHANISED CONSTRUCTION

52.1 Contractor shall without prejudice to his overall responsibility to execute and complete the work as perspecifications and time schedule adopt as far as practicable, mechanized construction techniques for major siteactivities. Contractor agrees that he will deploy the required numbers and types of the plant & machineryapplicable for different activities in consultation with the Engineer-in-charge during execution of works.

52.2 Contractor further agrees that Contract price is inclusive of all the associated costs, which he may incurfor actual mobilization, required in respect of use of mechanized construction techniques and that theOwner/Consultant in this regard shall not entertain any claim whatsoever in this regard.

53.0 CHECKING OF LEVELS

53.1 The Contractor shall be responsible for checking levels, orientation plan of all foundations, foundationbolts, etc., well in advance of taking up the actual erection work and bring to the notice of Engineer-in-Chargediscrepancies, if any. In case of minor variations in levels etc. the Contractor shall carry out the necessaryrectifications to the foundations within his quoted price.

53.2 The Contractor shall also be responsible for checking with templates, wherever necessary, the dispositionof foundation bolts with the corresponding bases of structure and shall effect rectifications, as directed, within hisquoted rate.

54.0 REGISTRATION OF THE CONTRACT WITH STATUTORY AUTHORITIES

54.1 Before submission of their first invoice for Running payment, the Contractor shall register themselvesand the contract at their own cost with the Reserve Bank of India, Income Tax, Sales Tax and such other statutoryauthorities, as may be required under the governing rules and regulations in India. The Contract Price shall bedeemed to include all costs towards the same. The copies of all the related documents to all such registrationsshall be submitted by the Contractor to Owner for their records and reference when-ever required during the tenureof the contract period

55.0 AUDITS OF CONTRACT

55.1 The project is subject to inspection by various audit/vigilance agencies of government of India/HindustanPetroleum Corporation Ltd., if any inspection of works is carried by such agencies, CONTRACTOR shall extendhis full cooperation to these agencies in examining records, works etc. On inspection by such agencies, if it ispointed out that CONTRACTOR has not carried out work according to guidelines laid down in the tenderdocument, immediate rectifications shall be taken up at no extra cost; and also if any recoveries against some items

Page 129 of 218

ASADASASD


P.013702D 11035

036


are pointed out therein, the same shall be recovered from CONTRACTOR’s RA bills/final bill. The items underdispute shall not be paid in full till the job is completed to satisfaction of the inspection agency.

56.0 SUBSEQUENT LEGISLATION

56.1 All duties, taxes (on works Order/ trade tax/ turnover tax/etc. as applicable), fees, charges, expenses, etc.(except where otherwise expressly provided in the Order) as may be levied/ imposed in consequence of executionof the works or in relation there to or in connection therewith as per the Acts, Laws, Rules, Regulations in forceshall be to contractor’s account.

57.0 SINGLE POINT RESPONSIBILITY

57.1 The entire work as per scope of work covered under this Order shall be awarded on Overall Lowest CostBasis (L1) on single point responsibility basis.

58.0 WORK FRONT

58.1 The work involved under this Order may include such works as have to be taken up and completed afterother agencies have completed their jobs. The CONTRACTOR will be required and bound to take up and whenthe fronts are available for the same and no claim of any sort whatsoever shall be admissible to the CONTRACTORon this account.

59.0 TEMPORARY WORKS

59.1 All Temporary and ancillary works including enabling works connected with the work shall beresponsibility of the Contractor and the price quoted by them shall be deemed to have included the cost of such workswhich shall be removed by the contractor at his cost, immediately after completion of his work.

60.0 DEFECTS AFTER TAKING OVER OR TERMINATION OF WORK CONTRACT BY OWNER

60.1 The Contractor shall remain responsible and liable to make good all losses or damages that mayoccur/appear to the work carried out under this Contract within a period of 12 months from date of issue of theCompletion Certificate and/or the date of Owner taking over the work, whichever is earlier. The Contractor shallissue a Bank Guarantee to the Owner in the sum of 10% of the work entrusted in the Contract, from any Scheduledbank (other than Co- operative Bank) acceptable to the Owner and if however, the Contractor fails to furnishsuch a Bank Guarantee the Owner shall have right to retain the Security Deposit and Retention Money to coverthe 10% of the Guarantee amount under this clause and to return/refund the same after the expiry of the period of12 months without any interest thereon.

61.0 TERMINATION OF CONTRACT

61.1 The owner may terminate the contract at any stage of the construction for reasons to be recorded in theletter of termination.

61.2 The Owner inter alia may terminate the Contract for any or all of the following reasons that the contractor;

61.2.1 Has abandoned the work/Contract.

61.2.2 Has failed to commence the works, or has without any lawful excuse under these conditionssuspended the work for 15 consecutive days.

61.2.3 Has failed to remove materials from the site or to pull down and replace the work within 15days after receiving from the Engineer written notice that the said materials or work werecondemned and/or rejected by the Engineer under specified conditions.

Page 130 of 218

ASADASASD


P.013702D 11035

036


61.2.4 Has neglected or failed to observe and perform all or any of the terms acts, matters or thingsunder this Contract to be observed and performed by the Contractor.

61.2.5 Has to the detriment of good workmanship or in defiance of the Engineer's instructions tothe contrary sub-let any part of the Contract.

61.2.6 Has acted in any manner to the detrimental interest, reputation, dignity, name or prestige ofthe Owner.

61.2.7 Has stopped attending to work without any prior notice and prior permission for a period of15 days.

61.2.8 Has become untraceable.

61.2.9 Has without authority acted in violation of the terms and conditions of this contract and hascommitted breach of terms of the contract in best judgement of the owner.

61.2.10 Has been declared insolvent/bankrupt.

61.2.11 In the event of sudden death of the Contractor.

61.3 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 towardsthe amounts due and payable by the contractor as per the conditions of Contract and return to the contractor excessmoney, if any, left over.

61.4 In case of Termination of the contract, Owner shall have the right to carry out the unexecutedportion of the work either by themselves or through any other contractor(s) at the risk and cost of theContractor. In view of paucity of time, Owner shall have the right to place such unexecuted portion of thework on any nominated contractor(s). However, the overall liability of the Contractor shall be restricted to100 % of the total contract value.

61.5 The contractor within or at the time fixed by the Owner shall depute his authorized representative fortaking joint final measurements of the works executed thus far and submit the final bill for the work as per jointfinal measurement within 15 days of the date of joint final measurement. If the contractor fails to depute theirrepresentative 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 not be questioned by the Contractor andno dispute can be raised by the Contractor for purpose of Arbitration.

61.6 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 siteand use or employ the same for completion of the work or employ any other contractor or other person or personsto complete the works. The Contractor shall not in any way object or interrupt or do any act, matter or thing toprevent or hinder such actions, other Contractor or other persons employed for completing and finishing or usingthe materials and plant for the works. When the works shall be completed or as soon thereafter the Engineer shallgive a notice in writing to the Contractor to remove surplus materials and plant, if any, and belonging to theContractor except as provided elsewhere in the Contract and should the Contractor fail to do so within a period of15 days after receipt thereof the Owner may sell the same by public auction and shall give credit to the contractorfor the amount realised. The Owner shall thereafter ascertain and certify in writing under his hand what (ifanything) shall be due or payable to or by the Owner for the value of the plant and materials so taken possessionand the expense or loss which the Owner shall have been put to in procuring the works, to be so completed, andthe amount if any, owing to the Contractor and the amount which shall be so certified shall thereupon be paid bythe Owner to the Contractor or by the Contractor to the Owner, as the case may, and the Certificate of the Ownershall be final and conclusive between the parties.

61.7 When the contract is terminated by the Owner for all or any of the reasons mentioned above the

Page 131 of 218

ASADASASD


P.013702D 11035

036


Contractor shall not have any right to claim compensation on account of such termination.

62.0 ARBITRATION

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

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

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

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

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

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

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

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

62.9 Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or any statutorymodification or re-enactment thereof and the rules made thereunder, shall apply to the Arbitration proceedingsunder this Clause.

62.10 The Contract shall be governed by and constructed according to the laws in force in India. The partieshereby submit to the exclusive jurisdiction of the Courts situated at Mumbai for all purposes. The Arbitration shall

Page 132 of 218

ASADASASD


P.013702D 11035

036


be held at say Mumbai and conducted in English language.

62.11 The Appointing Authority is the Functional Director of Hindustan Petroleum Corporation Limited.

62.12 Public Sector v/s. Government Department or vice versa :

In case of contracts/agreement to be executed between Public Sector Enterprises / Government Departments, thefollowing clause will be incorporated. "In the event of any dispute or difference between the parties hereto, suchdispute or difference shall be resolved amicably by mutual consultation or through the good offices of empoweredagencies of the Government. If such resolution is not possible, then, the unresolved dispute or difference shall bereferred to arbitration of an arbitrator to be nominated by Secretary, Department of Legal Affairs ("LawSecretary"). The Arbitration & Conciliation Act, 1996) shall not be applicable to the Arbitration under this clause.The award of the arbitrator shall be binding upon the parties to the dispute, provided, however, that any partyaggrieved by such award may appeal for setting aside or revision of the award to Law Secretary whose decisionshall bind the parties finally and conclusively. The said appeal should be filed within the period specified in theaward of the arbitrator."

It is essential that, to avoid delay in nomination of arbitrator or initiation of arbitration proceeding, the ArbitrationClause or Agreement, as the case may be, is forwarded without fail at the time of making request for reference tothe Law Secretary or Department of Legal Affairs.

63.0 GRIEVANCE REDRESSAL MECHANISM

63.1 There is a grievance redressal mechanism in HPCL for vendors participating in the tender, the details ofwhich are available on HPCL’s website www.hindustanpetroleum.com

64.0 SUB-CONTRACTING

64.1 Sub-contracting of any work is not permissible. If a contractor submits his bid, qualifies and does not getthe contract because of his being not the lowest, he will be prohibited from working as a subcontractor for thecontractor who is executing the contract.

65.0 ROYALTY

65.1 All royalties etc., as may be required for any entry permits, including right of way etc., to be arranged byContractor shall be deemed to have been included in the quoted prices. Owner will not be able to obtain exemptionfrom payment of royalty charges.

65.2 Bidder’s quoted rates shall include the royalty on different applicable items as per the prevailing StateGovernment rates. Any increase in prevailing rate of royalty shall be borne by the Contractor at no extra cost toOwner.

65.3 Documentary evidence to be furnished by Contractor along with the bills.

66.0 EXCAVATION BY BLASTING

The Contractor shall obtain license from the District authorities for undertaking blasting work as well as forobtaining and storing the explosive as per Explosive Rules 1940, corrected up to date. He shall purchase theExplosives, fuses, detonators etc. only from a licensed dealer. He shall be responsible for the safe custody andproper accounting of the explosive materials. The Engineer-in-Charge and his authorized representative shall havethe access to check the contractor's store of explosives and his accounts. In case where the explosive are requiredto be transported and stored at site, relevant clauses of the Explosive rules 1940 as amended subsequently shallapply. The Contractor shall be responsible for any accident to workman, public or property, due to blastingoperations.

67.0 SITE FACILITIES FOR WORKMEN

Page 133 of 218

ASADASASD


P.013702D 11035

036


Following facilities are to be ensured at all work places where workmen are deployed/engaged by Contractor.

i) Arrangement of first aidii) Arrangement for clean drinking water.iii) Toiletsiv) Canteen where tea & snacks are availablev) A crèche where 10 or more women workmen are having children below the age of 6 years.

68.0 BREACH OF CONTRACT

68.1 In case of separate orders issued for various Parts or locations / Schedule(s) of the works in respect ofLaying of 3 LPE Coated Line Pipes of 8 Inch and 4 Inch sizes in Sonipat and Jind GA, Haryana, TheContractor shall be responsible for execution of all orders to the entire satisfaction of the Owner and breach in oneorder shall constitute as breach in the other order and accordingly appropriate action shall be taken as perstipulations of the order.

69.0 CONTRACTOR'S STANDARD CONDITIONS

69.1 Contractor's standard conditions if any shall not be applicable to the Contract.

70.0 PATENTS, INFRINGEMENT & INDEMNITY

70.1 Contractor shall protect and fully indemnify Owner from any claims for infringement of patents, copyright,trade mark or the like.

70.2 Contractor shall also protect and fully indemnify Owner from any claims from Contractor’sworkmen/employees, their heirs, dependents, representatives etc. Or from any other persons/persons orbodies/companies etc. for any act of commission or omission while executing the Contract.

70.3 Contractor shall be responsible for compliance with requirements under the laws and shall protect andindemnify completely Owner from any claims/penalties arising out of any infringements.

71.0 IMPORT LICENCE

71.1 Contractor shall arrange import of all materials required for permanent incorporation in the works inrespect of Laying of 3 LPE Coated Line Pipes of 8 Inch and 4 Inch sizes in Sonipat and Jind GA, Haryanaas well as construction equipment as per the guidelines laid down by the Relevant Authorities. Owner/Consultantshall not provide import license.

72.0 WITHHOLDING, ACCOUNTING AND TAX REQUIREMENTS

72.1 Contractor agrees for withholding from wages and salaries of its agents, servants or employees all sums,required to be withheld by the laws of the Republic of India or any other agency having jurisdiction over the areawhere Contractor is conducting operations, and to pay the same promptly and directly when due to the properauthority. Contractor further agrees to comply with all accounting and reporting requirements of any Nation havingjurisdiction over the subject matter hereof and to conform to such laws and regulations and to pay the cost of suchcompliance. If requested, Contractor will furnish the evidence of payment of applicable taxes, in the country(ies)of the Contractor's and his sub-contractor(s) and expatriate employees

73.0 INTELLECTUAL PROPERTY

73.1 Neither Owner/Consultant nor Contractor nor their personnel, agents nor any sub-contractor shall divulgeto any one (other than persons designated by the party disclosing the information) any information designated inwriting as confidential and obtained from the disclosing party during the course of execution of the works so long

Page 134 of 218

ASADASASD


P.013702D 11035

036


as and to the extent that the information has not become part of the public domain. This obligation does not applyto information furnished or made known to the recipient of the information without restriction as to its use bythird parties or which is demonstrated to be in recipient's possession at the time of disclosure by the disclosingparty. Upon completion of the works or in the event of termination pursuant to the provisions of the Contract,Contractor shall immediately return to Owner/Consultant all drawings, plans, specifications and other documentssupplied to the Contractor by or on behalf of Owner/Consultant or prepared by the Contractor solely for thepurpose of the performance of the works, including all copies made thereof by the Contractor.

74.0 CO-ORDINATION WITH OTHER AGENCIES

74.1 Works shall be carried out in such a manner that the work of other agencies operating at the Site is nothampered due to any action of the Contractor. Proper coordination with other agencies will be Contractor'sresponsibility. In case of any dispute, the decision of Engineer- in-Charge shall be final and binding on theContractor.

75.0 DRAWINGS AND DOCUMENTS

75.1 The drawings accompanying the bid document (if any) are of indicative nature and issued for biddingpurpose only. Purpose of these drawing is to enable the Bidder to make an offer in line with the requirements ofthe Owner. However no extra claim whatsoever, shall be entertained for variation in the "Approved forConstruction" and "Tender drawings" regarding any changes/units. Construction shall be as perdrawings/specifications issued/approved by the Engineer-in-Charge during the course of execution of work.Detailed construction drawings (wherever required) on the basis of which actual execution of work is to proceedwill be prepared by the Contractor.

75.2 The drawings and documents to be submitted by the Contractor to Owner after award of the LOA as perthe requirements enlisted in the IFB shall be for Owner's review, information and record. The Contractor shallensure that drawings and documents submitted to Owner are accompanied by relevant calculations, data asrequired and essential for review of the document/ drawings.

75.3 All documents and drawings including those of Contractors’ sub-vendor's manufacturer's etc. shall besubmitted to Owner after having been fully vetted in detail, approved and co- opted by the Contractor & shall bearContractor seal/ certifications to this effect. All documents/drawings & submissions made to Owner withoutcompliance to this requirement will not be acceptable and the delay & liability owing to this shall be to theContractor's account.

75.4 The Contractor shall, upon request of the Owner, submit all drawing and documents as envisaged hereinto the Consultant. The Consultant shall review the drawings/ documents within 15 days from the date ofsubmission provided the same are accompanied by relevant calculations, data as required and essential for review.

75.5 The review of documents and drawings by Owner/Consultant shall not absolve Contractor from itsresponsibility to meet the requirements of specifications, drawings etc. and liabilities for mistakes and deviations.Upon receiving the comments on the drawing/documents reviewed by Owner/Consultant, Contractor shallincorporate the comments as required and ensure compliance.

75.6 Copies of all detailed working drawing relating to the works shall be kept at the Contractors' office at thesite and shall be made available to the Engineer-in-charge/ Owner/Consultant at any time during execution of theContract. However no extra claim what so ever shall be entertained for any variation in the "approved/issued forconstruction drawings" and "tender drawings" regarding any changes/units unless otherwise agreed.

75.7 The Contractor shall rectify any inaccuracies, errors and or non-compliance of requirements envisagedin the Contract. Any delay occurring for reasons attributable to such inaccuracies, error and or non-complianceshall not construe a reason for delay/ extension.

76.0 HOUSE KEEPING

Page 135 of 218

ASADASASD


P.013702D 11035

036


76.1 It is the responsibility of the Contractor to maintain general cleanliness and proper housekeeping at worksite. Contractor shall organize disposal of excavated earth /garbage/ rubbish/ scrape, electrode butts etc. on day today basis to identified disposal areas/safe areas as per Owner / Consultant.

76.2 The CONTRACTOR shall dispose off the unserviceable materials, debris etc. to the earmarked areawithin / outside the work site as decided by the Owner / Consultant. No extra payment shall be paid on this account.Serviceable materials shall be stored in designate area separately after obtaining acknowledgement of dulyauthorized officer of Owner.

76.3 Consultant shall review and or approval the drawings, design and other documents submitted byContractor.

76.4 Consultant will normally require and utilize a maximum time frame of 15 days from the date of receiptfor review/approval of drawings, design and other documents submitted by Contractor. Upon review of thesubmitted documents, Consultant may give their comments and ask for redesign/ resubmission after necessaryrectifications/ modifications and the time frame of 15 days will be applicable for the same.

77.0 PROTECTION OF EXISTING FACILITIES

77.1 Contractor shall obtain all safety clearance (viz. excavation, hot/cold work permit).

77.2 Contractor shall obtain plans and full details of all existing and planned underground services from Owner/ Consultant and shall follow these plans closely at all times during the performance of work. Contractor shall beresponsible for location and protection of all underground lines and structures at its own cost.

77.3 Despite all precautions, should any damage to any structure / utility etc. at Site occur, the Contractorshall contact the Owner / Consultant / authority concerned and Contractor shall forthwith carry out repair at itsexpenses under the direction and to the satisfaction of Owner / Consultant and Owner / Consultant/concernedauthority.

77.4 Contractor shall take all precautions to ensure that no damage is caused to the existing pipelines, cablesetc., at Site during construction. Existing structures, existing compound wall, tiling and other items damaged /disturbed during construction shall be repaired and restored to their original condition by Contractor aftercompletion of relevant works to the complete satisfaction of Owner.

77.5 If required, CONTRACTOR shall in consultation with Owner and Consultant and the concernedauthorities, take adequate measures for strengthening the existing electric poles, cast iron pipes, sewer lines, GIpipelines telephone poles etc. in the proximity of proposed Laying of 3 LPE Coated Line Pipes of 8 Inch and4 Inch sizes in Sonipat and Jind GA, Haryana. CONTRACTOR shall take adequate protective measures toprevent damage to these facilities during Laying of 3 LPE Coated Line Pipes of 8 Inch and 4 Inch sizes inSonipat and Jind GA, Haryana.

77.6 Contractor shall have to adopt such method of construction as will be suitable for working at Site usingthe limited space available and without causing any damage to Site. Contractor shall be deemed to have takencognizance of all such constraints, etc. while working at Site and Contractor shall not be entitled to claim anyextra at a later stage.

77.7 All the monuments, articles of value of antiquity and structure or other remains of geological orarchaeological discovered on the site of works shall be declared to be the property of the Owner during the entirecourse of execution of work. Site Contractor shall take reasonable precautions to prevent these workmen or anyother persons from removing or damaging any such articles or thing and shall immediately inform the Owner/ Engineer-in-charge and thereafter hand them over immediately back to Owner in their existing condition, asper the instructions of Owner / Engineer-in-charge, at no extra cost to Owner.

78.0 CONSTRUCTION

Page 136 of 218

ASADASASD


P.013702D 11035

036


78.1 RULES AND REGULATIONS

CONTRACTOR shall observe in addition to Codes specified in respective specification, all Applicable Laws andshall be responsible for any extra costs arising from non-adherence with the same.

78.2 PROCEDURES

Contractor shall prepare and submit all the plans, procedures and documents to Consultant / Owner as specifiedin the Contract.

78.3 CONSTRUCTION EXECUTION PLAN

78.3.1 Contractor shall submit Construction Execution Plan to Consultant / Owner for review and approvalwhile providing the Project Execution Strategy. The Construction Execution Plan shall detail the executionmethodology of the Contractor during Laying of 3 LPE Coated Line Pipes of 8 Inch and 4 Inch sizes in Sonipatand Jind GA, Haryana covering the following aspects as minimum:

78.3.2 Contractor’s Construction Execution Plan shall include:

78.3.3 Contractor’s man-power and its deployment schedule on monthly basis.

78.3.4 Other plans of Contractor and procedures to be submitted at least 04 weeks prior to start of respectiveactivity at site include the following as minimum:

78.3.4.1 Temporary facilities, etc.78.3.4.2 Scaffolding Plan78.3.4.3 Heavy Transport & Heavy Lifting Plan ( Rigging Plan)78.3.4.4 Pre-Fabrication Plan78.3.4.5 Hydro-test Plan78.3.4.6 Other activity plans (eg. Piping, equipment and steel structure erection plan etc)78.3.4.7 Monsoon Counter measures and preparation.78.3.4.8 Emergency Evacuation Procedure78.3.4.9 Storm Management Plan.

79.0 CONSTRUCTION EQUIPMENT AND ORGANIZATION

79.1 The Contractor shall without prejudice to its overall responsibility to execute and complete the Laying of3 LPE Coated Line Pipes of 8 Inch and 4 Inch sizes in Sonipat and Jind GA, Haryana as per specificationsand time schedule, progressively deploy equipment’s and tools & tackles as and augment the same as decided bythe Engineer-in-Charge depending on the exigencies of the Works so as to complete all Works within theCompletion Period and without any additional cost to Owner. No construction equipment shall be supplied by theOwner.

80.0 WORKING HOURS

80.1 Normal working Hours shall be from 09:00 am to 05:30 pm. However, the same may be extended byOwner/Consultant on request and need basis. However, working hours for work within the work site shall begoverned by the work permits issued by Owner.

80.2 Depending upon the requirement, Works Time Schedule / drawing programmes and the target set tocomplete the relevant work in time, the works may have to continue beyond normal working hours to the extentof round the clock also, for which no extra claim shall be entertained.

81.0 TESTS AND INSPECTION

81.1 The Contractor shall carry out various tests as enumerated in the technical specifications of this IFB and

Page 137 of 218

ASADASASD


P.013702D 11035

036


the technical documents that will be furnished to Contractor during the performance of relevant works in respectof Laying of 3 LPE Coated Line Pipes of 8 Inch and 4 Inch sizes in Sonipat and Jind GA, Haryana.

81.2 All the tests either on the field or at outside laboratories concerning the execution of all works and supplyof materials in respect of the Laying of 3 LPE Coated Line Pipes of 8 Inch and 4 Inch sizes in Sonipat andJind GA, Haryana by the Contractor shall be carried out by Contractor at its own cost.

81.3 All works shall be subject to inspection at all times by the Engineer-in-Charge. The Contractor shall carryout all instructions given during inspection and shall ensure that the works are undertaken according to thetechnical specifications of this IFB, the technical documents and the relevant codes of practice will be furnishedto Contractor during the performance of relevant works.

81.4 The Contractor shall provide for purposes of inspection access ladders, lighting and necessary instrumentsat its own cost.

81.5 Any work not conforming to execution drawings, specifications or codes and approved methodology /scheme shall be rejected forthwith and the Contractor shall carryout the rectifications at its own cost.

81.6 All results of inspection and tests will be recorded in the inspection reports, proforma of which will beapproved by the Engineer-in-Charge. These reports shall form part of the completion documents.

81.7 For materials supplied by Owner/Consultant, Contractor shall carryout the tests, if required by theEngineer-in-Charge, and the Owner/Consultant shall reimburse the cost of such tests at actual to the Contractoron production of documentary evidence.

81.8 Statutory fees paid to authorities and for repeat tests and inspection due to failures, repairs etc. suchreasons attributable to the Contractor shall be borne by the Contractor.

81.9 Inspection and acceptance of works shall not relieve the Contractor from any of its responsibilities underthis Contract.

82.0 FINAL INSPECTION FOR WORKS

After completion of all tests as per specification all works comprising the Laying of 3 LPE Coated Line Pipesof 8 Inch and 4 Inch sizes in Sonipat and Jind GA, Haryana is subject to a final inspection to ensure that theLaying of 3 LPE Coated Line Pipes of 8 Inch and 4 Inch sizes in Sonipat and Jind GA, Haryana has beencompleted as per requirement. If any defects noticed in any works attributable to Contractor, the Contractor at itsown cost shall rectify or take steps rectify such defects, as and when the Owner/Consultant brings them to itsnotice. The Owner/Consultant shall have the right to have these defects rectified at the consequence, risk and costof the Contractor if Contractor fails to rectify or take steps to rectify these defects immediately.

83.0 TEST CERTIFICATES

83.1 Bidder shall be required to submit recent test certificates for the material being used in works from therecognized laboratories. These certificates should indicate all properties of the materials as required in relevant ISStandards or International Standards.

83.2 Contractor shall also submit the test certificate with every batch of material supplied which will beapproved by Engineer-in-Charge. No secured advance will be given for the materials not having test certificate.In case any test is to be carried out, the same shall be undertaken in the approved laboratory at the cost ofContractor.

84.0 EXECUTION OF ELECTRICAL WORKS

84.1 The Contractor shall engage an approved electrical agency for execution of electrical works, holding validelectrical contractor license. In case contractor himself executes electrical works then he shall arrange valid

Page 138 of 218

ASADASASD


P.013702D 11035

036


electrical contractor license before start of electrical works at site.

Notwithstanding, Contractor shall adhere to all the safety standards as included in bidding document.

85.0 HYDROSTATIC TESTING

85.1 The Bidder as per the technical specification along with its Tender taking into account the CompletionPeriod shall furnish the detailed procedure proposed for the hydrostatic testing. The necessary piping, pumps etc.shall be provided by the Contractor. The final disposal of water after testing shall be Contractor's responsibilityand should be in such a way that neither the traffic movement even pedestrians nor the standing crop in nearbyfields gets affected. Suitable drains shall be provided for this purpose as directed by the Engineer-in-Charge withinthe Contract Price.

85.2 The Contractor shall propose and obtain approval of Engineer-in-Charge based on drawings, availabilityof water for hydro testing and keeping in view other exigencies, if any before starting hydro testing work. TheContractor will carry out the hydrostatic test for approved number of test section including preparation for testand tie-ins, without any time and cost implication on this account to Owner/Consultant. Any increase or decreasein number of test sections will not have any cost implication to Owner / Consultant.

86.0 PROJECT PLANNING, SCHEDULING AND MONITORING SYSTEM

The following schedules/documents/reports shall be prepared and submitted by the Contractor forreview/approval at various stages of the Contract.

86.1 Work Time Schedule at the time of submitting the Tender and Project Schedule after the Awardof Contract

a) Works Time ScheduleThe Works Time Schedule submitted by the Bidder for the Laying of 3 LPE Coated Line Pipesof 8 Inch and 4 Inch sizes in Sonipat and Jind GA, Haryana Project (including mobilizationperiod) shall be developed keeping in mind the Completion Period and the provisions of the IFB.

The Contractor is required to submit a Works Time Schedule in Primavera. The Works TimeSchedule shall cover all aspects like sub-ordering, manufacturing and delivery, indicated in theTender Documents. The Owner interface activities shall be clearly identified with their latestrequired dates. Owner reserves the right to disqualify the Bidder if the above Works Time Schedulesubmitted by the Bidder is not in line with the overall requirement of the Project.

b) Scheduling & Monitoring System

The Bidders should describe their system of scheduling and monitoring the works in respect ofLaying of 3 LPE Coated Line Pipes of 8 Inch and 4 Inch sizes in Sonipat and Jind GA,Haryana, the extent of computerization, level of detailing, tracing methodology etc. with the nameof computer package and sample outputs.

c) Overall Project Schedule

The Contractor shall submit within 1 week of LOA, a sufficiently detailed overall intended ‘ProjectSchedule’ in the activity network form, clearly indicating the major milestones, interrelationship/interdependence between various activities together with analysis of critical path and floats.

The intended ‘Project Schedule’ will be reviewed and approved by Engineer- in-Charge and thecomments if any shall be incorporated in the network before issuing the same for implementation.The network thus finalized shall be referred as the ‘Project Schedule’ and form part of the Contractand the same shall not be revised without the prior permission from Engineer-in- Charge during the

Page 139 of 218

ASADASASD


P.013702D 11035

036


entire period of Contract.

d) Progress Measurement Methodology

The Contractor is required to submit within 1 week of award of LOA, the methodology of progressmeasurement of sub-ordering, manufacturing/ delivery, sub- contracting construction andcommissioning works and the basis of computation of overall services/physical progress informed.Owner reserves the right to modify the methodology in part or in full.

e) Functional Schedules

The Contractor should prepare detailed functional schedules in line with network for functionalmonitoring and control and submit scheduled progress covers for each function viz. ordering,delivery and construction.

86.2 Project Review Meetings

The Contractor shall present the programme and status at various review meetings as required.

86.2.1 Weekly Review Meeting

Level of Participation Agenda

Contractor's / Consultant's RCM / Site Incharge & Job Engineers.a. Weekly programme v/s actual achieved in the past week & programme for next week.b. Remedial Actions and hold up analysis.c. Client query/ approval.d. Status of HSE adherence / compliance

Venue: Site Office

86.2.2 Monthly Review Meeting

Level of Participation Agenda

Senior Officers of Owner/Consultant and Contractors.

a. Progress Status/ Statisticsb. Completion Outlookc. Major hold ups/slippagesd. Assistance requirede. Critical issuesf. Client query/ approvalg. Status of HSE adherence / compliance

86.3 Progress Reporting Proforma

A. Monthly Progress Report

This report shall be submitted by the Contractor to Owner/Contractor on a monthly basis within 10 (ten) calendardays from cutoff date, as agreed upon covering overall scenarios of the Laying of 3 LPE Coated Line Pipes of8 Inch and 4 Inch sizes in Sonipat and Jind GA, Haryana. The report shall include, but not limited to thefollowing:

Page 140 of 218

ASADASASD


P.013702D 11035

036


a. Brief Introduction of the work.b. Activities executed/ achievements during the month.c. Schedule versus actual percentage progress and progress curves for Detail Engg. Sub- ordering,

manufacturing/delivery, sub-contracting,construction,commissioning and overall and quantum wisestatus & orders against schedule.

d. Area of concern/ problem/ hold-ups, impacts and action plans.e. Resources deployment status.f. Annexures giving status summary for drawings, MRs, deliveries, sub-contracting and construction.g. Procurement status for items to be supplied by Contractor.

B. Weekly ReportsThe report will be prepared and submitted by the Contractor to Owner/Consultant on weekly basis and willcover following items:

a. Activities programmed and completed during the week.b. Resource deployed men and machines.c. Quantities achieved against target in constructiond. Record of man-days lost.e. Construction percentage progress schedule and actual.

C. Daily Reports

a. Activity programme for the dayb. Progress of the previous day and commutative progress.c. Manpower & machinery deployed.

D. Any other additional reports/ information as may be required by Engineer In Charge

86.4 Progress Reports

86.4.1 Contractor shall make every effort to keep the Owner adequately informed as to the progress of the worksin respect of the Laying of 3 LPE Coated Line Pipes of 8 Inch and 4 Inch sizes in Sonipat and Jind GA,Haryana throughout the duration of the Contract.

86.4.2 Contractor shall keep the Owner informed well in advance of the relevant Project Schedule so as to enablethe Owner to arrange for requisite inspection to be carried out in such a manner as to minimize interference withprogress of works. It is imperative that close coordination be maintained with the Owner during all phases ofLaying of 3 LPE Coated Line Pipes of 8 Inch and 4 Inch sizes in Sonipat and Jind GA, Haryana.

86.4.3 By the 10th (tenth) of each month, Contractor shall furnish the Owner a detailed report covering theprogress as of the last day of the previous month. These reports will indicate actual and scheduled percentage ofcompletion of construction as well as general comments of interest or the progress of various phases of the Layingof 3 LPE Coated Line Pipes of 8 Inch and 4 Inch sizes in Sonipat and Jind GA, Haryana The frequency ofprogress reporting by the Contractor shall be weekly.

86.4.4 Once a week, Contractor shall submit a summary of the works accomplished during the preceding weekin form of percentage completion of the various phases of the Laying of 3 LPE Coated Line Pipes of 8 Inchand 4 Inch sizes in Sonipat and Jind GA, Haryana, to the Owner.

86.4.5 Progress reports shall be supplied by Contractor with documents such as chart, networks, photographs,test certificate etc. Such progress reports shall be in the form and size as may be required by the Owner and shallbe submitted in at least 3 (three) copies.

86.4.6 Contractor shall prepare daily progress report (DPR) in the desired format and submit it to Engineering-

Page 141 of 218

ASADASASD


P.013702D 11035

036


In-Charge along with schedule of next day to Engineer-In-Charge.

87.0 PIPES FOR WELDING QUALIFICATION

87.1 For the purpose of qualification of welding procedure, operators, Contractor may use the same pipesissued by Employer/Consultant. However, accounting of such pipes shall be done within the unaccountablewastage and scraps limit as defined in bidding document.

87.2 The bare pipes for the purpose as above shall be issued within two week from the date of FOI/FOA. Thecontractor shall bear all cost towards lifting, carting from issue point to work site/Contractor’s store, custody,handling, insurance and levies etc. and return of surplus/scrap materials to employer designated storage point. Noseparate payment shall be made for such expenditure.

88.0 SPARES

88.1 Contractor shall procure and supply all spare parts required during commissioning of the various items /materials supplied by him as enumerated in the Bidding Document. The quoted lumpsum prices shall be deemedto have been inclusive of all such provision of commissioning spares, required till commissioning of such items.Contractor shall make available all the commissioning spares required at site at least 4 (four) weeks before startof commissioning. However, listed spares not used during commissioning shall be handed over to Employer attheir designated place.

Contractor shall also supply commissioning spares not listed but required during commissioning within thecontracted price.

In addition to above, special tools & tackles required, if any, for operation & maintenance shall also be suppliedby the Contractor and the quoted prices shall be deemed to have been inclusive of all such provisions.

89.0 STORAGE FACILITIES

89.1 The Contractor shall store all materials / instruments required for calibration and testing of the instrumentsin suitable condition / environment conducive for the same at its own cost. The Contractor shall provide thesefacilities within the quoted rate.

90.0 WORK PERMIT

90.1 When Contractor is working at Site, Contractor shall note that Contractor would be required to obtainapplicable hot work/ cold work permits on daily basis from the competent authority. Contractor shall also complywith all the conditions on the work permit / entry permits at no extra cost to Owner. Contractor shall be requiredto obtain police verification for obtaining work/entry permits to work inside the work site for all the employeesand workers employed for the various works in respect of Laying of 3 LPE Coated Line Pipes of 8 Inch and 4Inch sizes in Sonipat and Jind GA, Haryana.

90.2 The Contractor shall provide identity cards to all its staff/workmen who will be working inside theSite/Premises, The ID cards will have to be produced by the Contractors' workmen as and when demanded by theOwner's representatives or security personnel at Site/ Premises.

90.3 Action where there is no specification:

90.4 In case of any class of work for which there is no specification mentioned, the same shall be carried outin accordance with the latest edition of Indian Standard Specifications subject to the approval of the Owner.

90.5 Typographical or Clerical Errors

90.6 Owner clarifications regarding partially omitted particulars or typographical or clerical errors shall befinal and binding on the Contractor.

Page 142 of 218

ASADASASD


P.013702D 11035

036


91.0 BUILDING AND OTHER CONSTRUCTION WORKER’S ACT

91.1 In order to govern welfare and working conditions of labourers engaged in construction activities, theBuilding and other Construction Workers’ (Regulation of Employment and Conditions of Service “RE&CS”) Act,1996 came into force. RE&CS Act’1996 is applicable in respect of building and other construction work.Wherever applicable, The Contractor shall strictly comply with the following provisions pertaining to RE &CSAct’1996.

a. The Contractor shall be registered with the concerned authorities under the Building and OtherConstruction Workers’ (RE&CS) Act, 1996 or in case of non-registration; the CONTRACTORshall obtain registration within one month of the award of LOA.

b. The CONTRACTOR shall be responsible to comply with all provisions of the Building and OtherConstruction Workers’ (RE&CS) Act, 1996, the Building and Other Construction Workers’ WelfareCess Act, 1996, the Building and other Construction Workers’ (RE&CS) Rules, 1998 and theBuilding and Other Construction Workers Welfare Cess Rules, 1998.

c. Cess as per the prevailing rate, shall be deducted at source from bills of the Contractor by theEngineer-In-Charge of the Contract and remitted to the “Secretary, Building and Other ConstructionWorkers Welfare Board” of the concerned State. The Contractor shall be responsible to submit finalassessment return of the cess amount to the assessing officer after adjusting the cess deducted atsource.

91.2 Before starting of work, the Contractor shall obtain a license from concerned authorities under theContract Labour (Abolition and Regulation) Act, 1970, and furnish a copy of the same to the Engineer-in-Charge.

91.3 Every worker engaged by the Contractor should be enrolled under the following scheme(s):

i. Pradhan Mantri Jeevan Jyoti Bima Yojna (PMJJBY)ii. Pradhan Mantri Suraksha Bima Yojna (PMSBY)

Under the two schemes, applicable annual premium amount (presently Rs. 342/- per person) shall be consideredby the prospective bidder while submitting the price bid. Proof of payment towards the above two scheme shallbe submitted by the Contactor to EIC for verification of the same from time to time.

92.0 GOVT. ACTS/ REGULATIONS

92.1 Any reference to the specific statutes/regulations in the IFB is only indicative, and it is entirely for theBidder to ascertain the Applicable Laws.

93.0 SUBSTITUTION, WRONG SUPPLIES AND SHORT SUPPLIES

93.1 Unauthorized substitution or materials delivered in error, other than those mentioned in the Contract, ormaterial of sub-standard quality or supplied in excess quantity (unless authorized by the buyer), shall be rejectedand the rejected goods if any shall be returned to Contractor at Contractor 's cost and risk.

94.0 CEMENT & STEEL

94.1 In partial modification to Clause. 7.e and 7.f of Section 8A (GTC), unless until specified explicitly in theIFB, supply of cement and steel shall be arranged by Contractor and the cost of the same shall be deemed to beincluded in the quoted rates.

95.0 PRICE ADJUSTMENT DUE TO DELAYED COMPLETION

Page 143 of 218

ASADASASD


P.013702D 11035

036


95.1 In case of delay in completion of Laying of 3 LPE Coated Line Pipes of 8 Inch and 4 Inch sizes inSonipat and Jind GA, Haryana Project beyond Completion Period referred under Clause 10 of GTC: Pricereduction @ 0.5% of the undelivered portion of the Contract Price per week or part thereof subject to a maximumof 5% of undelivered portion of the Contract Price shall be levied on the Contractor.

96.0 QUANTITY VARIATION FOR SUPPLY & WORKS

96.1 Owner reserves the right, at the time of execution of Contract, to increase or decrease the quantity ofgoods for all items as specified in the IFB up to +/- 25% without any change in the unit prices (as well as lump sumprices, if any) and other terms and conditions. Bidder’s quoted rates shall be valid for such quantity variation.

97.0 RECOVERY OF FAILURE OF ITEMS FOR SUPPLY

97.1 In case the items supplied by the Contractor fails during fabrication and or erection due to manufacturingdefect the Contractor shall become liable to replace the items without any additional cost to Owner and in a timelymanner so as not to deviate from the Completion Period.

97.2 The Contractor shall bear the landed cost for replacing the defective items, including all costs incurred upto delivery thereof at site, all duties, freight, insurance, labour, material, charges for cutting, removing,replacement, engineering and construction supervision charges of consultant, and relaying of defective part(s),including cost of incidental activities.

98.0 JURISDICTION

98.1 The courts at Mumbai (India) shall have exclusive jurisdiction over all Disputes arising under or inconnection with the CONTRACT.

99.0 INTEGRITY PACT

99.1 Integrity Pact: All tenders and contracts shall comply with the requirements of the Integrity Pact (IP)if the value of such tenders or contracts exceed Rs.1 crore. Failure to sign the Integrity Pact shall lead to outrightrejection of bid.

99.2 The successful tenderer shall execute Integrity Pact with Owner as per the enclosed Draft Integrity PactAgreement. Hard copy of the same duly filled signed, stamped by authorized person and witnessed to be forwardedalong with EMD in physical condition so as to be received at Tractebel Office prior to bid due date and time.

100.0 EPMC CONSULTANT

100.1 Notwithstanding anything contained elsewhere, Bidder acknowledges that the EPMC Consultant hasbeen engaged by Owner for procurement assistance, tendering, evaluation of tenders and recommendation forplacement of orders including expediting and inspection, and accordingly, the Bidder /Contractor shall be requiredto function in close co-ordination with the Consultant.

101.0 CONDITIONS FOR RECONCILIATION OF MATERIALS, CONSUMABLES- FREE ISSUEOR OTHERWISE

Whenever any material is issued by Owner, following conditions for issue of material in addition to otherconditions specified in the contract shall be applicable:

101.1 Necessary indents will have to be raised by the Contractor as per procedure laid down by the Engineer-in-Charge from time to time, when he requires the above material from Owner in execution of permanent works.

101.2 Materials will be issued only for permanent works and not for temporary works, enabling works etc.unless specifically approved by the Engineer-in-Charge and the same shall not be taken into account for thepurpose of materials reconciliation.

Page 144 of 218

ASADASASD


P.013702D 11035

036


101.3 The Contractor shall bear all other cost including lifting, carting from issue points to worksite/Contractor's store, custody and handling etc. and return of surplus/serviceable scrap materials to Owner'sstorage points to be designated by the Engineer-in-Charge etc. No separate payment for such expenditure will bemade.

101.4 No material shall be allowed to be taken outside the plant without a gate pass.

101.5 The Contractor shall be responsible for proper storage, preservation and watch inward of the materials,to the schedule in which they are participating / awarded with the contract for execution.

101.6 RETURN OF UNUSED MATERIAL

· All unused/scrap materials shall be the property of the Owner and shall be returned in good and acceptablecondition size wise, category wise by the Contractor at his own cost to Owner's Store(s).

· No credit will be given to the Contractor for return of scrap. The Contractor should quote the ratesaccordingly.

· In case the Contractor fails to return unused/scrap materials, then recovery for such quantity of materials,not returned by the Contractor shall be affected at following penal rates from the Contractor's bills or fromany other dues of the Contractor to the Owner. Contractor shall make his own arrangements for weighingthe off cuts to be returned to Owner's stores.

· Penal Rates for non-return of materials:

S.No Material Penal Ratesa) Penal rate for non-return of

accountable scrapIssue Rate + 25% or Landed Rate + 25% (incase issue rate are not indicated in the contract)

b) Penal rates for non-return ofUnused material/excess scrap

Twice the Issue Rates or Twice the Landed Rates (incase Issue Rates are not indicated in the Contract)

NOTE:

i. Landed Rate shall be arrived from the latest Purchase Order of respective material received at site byOwner/Consultant.

ii. In case different penal rates have been indicated in the Contract (based on Project requirement), the samewill supersede the above rates.

101.7 Cement

101.7.1 Cement as sited by Contractor from cement Manufacturer/Stockiest will be issued daily from contractorsSite godown for construction. The theoretical weight of cement in each bag for issue purpose will be consideredas 50 Kgs. or 20 bags per MT. However, cement bags weighing upto 4% less shall be accepted by the Contractorsand considered as full bag.

101.7.2 The Contractor will have to submit their design mix for different grades of concrete, keeping in view therequirements stipulated in IS: 456 and IS 10262, specifically regarding durability, slump and water cement ratio,and specific gravity of materials brought to site as analyzed in the laboratories. The design shall be based uponabsolute volume method and theoretical consumption of cement shall be worked out on this basis. For other thanconcrete items, the coefficients for consumption of cement shall be adopted as approved by Consultant/ CPWDpractice.

101.7.3 The permissible variation between Cement actually used on the job and theoretical consumption worked

Page 145 of 218

ASADASASD


P.013702D 11035

036


out on the basis stipulated in above para and as determined by Engineer-in-Charge. No negative tolerance shallbe acceptable.

101.7.4 If the actual consumption is less than theoretical consumption then recovery at the penal rates for thequantity of cement used less shall be effected at Rs. 750 per bag from the Contractor's bill(s) or any other dues ofthe Contractor to the Owner, provided that the quality of the work has been found acceptable by the Owner.

101.7.5 The Contractor shall maintain a good store for storing cement issued to him. The flooring of the storagehouse, the clearances of cement bags from the side walls/ floor & stack height etc. shall be as instructed by theEngineer-in-Charge.

101.7.6 The cement store shall be open for inspection and verification by the Engineer-in-Charge or his authorizedrepresentative at any time when the Engineer-in-Charge feels the need to do so.

101.7.7 Periodical stock taking as decided by the Engineer-in-Charge shall be done by the Contractor in thepresence of Engineer-in-Charge or his authorized representative and a statement of stocks duly verified shall besubmitted to Engineer-in-Charge.

101.7.8 Empty cement bags shall be the property of the Contractor and shall have to be disposed off by him.

101.8 REINFORCEMENT BARS /STRUCTRUL STEEL/PLATES

101.8.1 The scrap allowance for the reinforcement bars/structural steel including steel plate issued by the Owner,shall be total 3% (2.5% accountable and 0.5% non-accountable) of the actual consumption as incorporated in theworks.

101.8.2 All reinforcement bars/structural steel/steel plates shall be issued in available length/shapes/sizes and noclaims for extra payment on account of issue of non-standard lengths/shapes/sizes bending etc. shall beentertained. Reinforcement bars and structural steel shall be issued on weighment basis as per normal warehousingpractice. In exceptional circumstances, the reinforcement bars/structural steel, if issued on linear measurement,the IS coefficients for unit weight shall be considered. For the purpose of billing and accounting, only linearmeasurements will be taken and weight will be calculated as per IS co-efficients in three decimals. The differencein unit weight as per IS and actual as issued, if any, shall be to Contractor's account and Contractor is deemed tohave considered the same at the time of bidding.

101.8.3 Reinforcement bars/structural steel/steel plates shall be issued only for those items where Owner's supplyhas been specifically mentioned in Schedule of Rates/ Scope of Supply.

101.8.4 All reinforcement bars/structural steel except M.S. Plates in length of 2 meters and above shall beconsidered as serviceable materials provided the material is in good and acceptable condition. Reinforcementbars/structural steel section except M.S. Plates in lengths less than 2M shall be treated as scrap.

101.8.5 For the purpose of accounting of the plates, all plates measuring not less than 1 Sq.m in area and havingany dimensions not less than 200mm when returned to Owner's store, will be considered as serviceable material.All other pieces will be treated as wastage/scrap. The Contractor will prepare a plate cutting diagram in such away that the minimum scrap is generated. Also the cut plates should be used at a proper place to reduce scrap.

101.8.6 The above serviceable cut pieces as mentioned above shall be considered as unused material.

101.8.7 Non return of unused quantity of material as per 3.6 above shall be charged at penal rates.

101.8.8 The wastage generated by the Contractor in excess of the allowable percentage shall also be charged atthe penal rates.

101.9 PIPING MATERIALS

Page 146 of 218

ASADASASD


P.013702D 11035

036


101.9.1 All pipes shall be issued in available lengths/shapes and no claims for extra payments on account of issueof non-standard length & shape will be entertained. Pipes shall be issued on linear measurement basis. All valves,flanges, fittings etc. shall be issued on number(s) basis. Contractor shall store the materials in such a way so as toavoid mixing of different types of material and shall maintain complete identification and traceability at all times.

101.9.2 The scrap allowance for pipes issued by the Owner shall be 3% (2½% accountable + ½% non accountable)of the actual consumption as incorporated in the works.

101.9.3 All pipes in length of 2 meters and above shall be considered as serviceable material provided the materialis in good and acceptable condition and has clear identification and traceability (Manufacturer’s name, heatnumber/batch number and test certificates). Pipes in lengths less than 2M shall be treated as scrap.

101.9.4 For the non account of pipes drawn by the Contractor over and above the actual consumption asdetermined by the Engineer-in-Charge, plus 3% (2½% accountable + ½% non accountable) thereof to cover thescrap allowance, recovery at penal rate shall be effected from the Contractor's bill(s) or from any other dues ofthe Contractor to the Owner.

101.9.5 All unused/scrap pipes, valves, flanges, forged fitting like elbows, reducers tees shall be returned by theContractor category wise duly cleaned, greased and spec. marked at his own cost to Owner's stores. In case theContractor fails to do so then recovery for such quantity of pipes not returned by the Contractor at the penal ratesshall be effected from the Contractor’s bill(s) or from any other dues of the Contractor to the Owner.

101.10 EQUIPMENTS

Various equipment/materials intended for the installation will be received by Owner in unpacked, skidmounted, crated, packed or loose condition and will be stored in the warehouses and open yards. In general,materials will be issued to the Contractor in ‘as received’ condition. It will be the Contractor’s responsibility todraw, load and transport all materials from Owner’s designated places of issue to the point of installation andreturn all packing materials like steel frames, wooden boxes/scrap etc. to Owner’s stores. All materials suppliedby the Owner shall be duly protected by the Contractor at his own cost with appropriate preservative like primer,lacquer coating, grease etc. as required.

101.11 CABLES & WIRES

Appropriation of cables shall be done as follows:

101.11.1 All the surplus and serviceable cables out of the cables returned by the Contractor to the Owner's storein good condition and as directed by the Engineer-in-Charge.

101.11.2 The Contractor shall be allowed a cutting/wastage allowance of 1.5% for power cables and 3% for thecontrol cables. This cutting/wastage allowance shall be computed on the length of cables actually laid, measuredand accepted.

101.11.3 All cables being returned to store should carry Aluminium sheet tags indicating the size & type of cable.Cables of less than 15 meters length will be termed as scrap. Cables of lengths 15M and above shall be termed asserviceable material & shall be returned size wise and category wise to the Owner's store in wooden drums. Cablesof serviceable length being returned to stores in drum(s) shall be accepted only after Megger value continuity testand physical measurement is carried out by the Contractor to the satisfaction of Engineer-in- Charge. Empty cabledrums and major packing material (as decided by Engineer-in-charge) shall be Owner’s property and shall bereturned to Owner’s Store/designated place without any additional cost.

101.11.4 While carrying out material appropriation with the Contractor, the above points will be taken intoaccount. All serviceable materials returned by the Contractor (size wise & category wise) shall be deducted fromthe quantity(ies) issued to the Contractor for the respective sizes. Scrap generated for power cable and controlcable shall also be returned to Owner’s store on Lot basis.

Page 147 of 218

ASADASASD


P.013702D 11035

036


101.11.5 Material appropriation shall be done & allowable scrap quantity calculated. The wastage generated bythe Contractor in excess of the allowable percentage shall be charged at the penal rates.

101.12 WATER PROOFING COMPOUND

Water proofing compounds shall be of makes approved by HPCL/TE. Bidder shall mix compound in the presenceof TE/HPCL and maintain Daily consumption report of these items duly verified by HPCL/TE.

101.13 CHEMICAL FOR ANTI TERMITE TREATMENT

Chemical which are used for Anti termite treatment shall be of makes approved by HPCL/TE. Bidder shall mixchemical in the presence of TE/HPCL and maintain Daily consumption report of these items duly verified byHPCL/TE.

101.14 PAINTS FOR STRUCTURAL AND FINISHING WORK

Paints for Structural and Building Finishes shall be of makes approved by HPCL/TE. Bidder shall mix paint inthe presence of TE/HPCL and maintain Daily consumption report of these items duly verified by HPCL/TE.

102.0 PENALTIES ON MONTHLY TARGETS

HPCL is subjected to predetermined penalty by PNGRB against shortfall in achieving inch-km targets. In additionto the timeline of the completion of work, contractor will be given an inch-km of steel pipeline target to beachieved within a specified timeline which shall generally be not more than 80 inch-km per month. The contractorshall be liable for the penalty of INR 1,50,000.00 per inch-km for short fall in achieving the given target of inch-km. The amount of penalty shall be as per the discretion of Owner. Owner’s responsibility shall be limited toproviding requisite steel line pipes required to complete the jobs.

The above penalty is in addition to Price adjustment for delay in completion as per relevant Clauses of GTC.

103.0 SAFETY CODE

The Contractor shall at his own expenses arrange for the Safety provisions as may be necessary for the executionof the work or as required by the Engineer-in-Charge in respect of all labours directly or indirectly employed forperformance of the works and shall provide all facilities in connections therewith. In case the contractor fails tomake arrangements and provide necessary facilities as aforesaid, the Owner shall be entitled but not bound to doso and recover the cost thereof from the Contractor.

From the commencement to the completion of the works, the contractor shall take full responsibility for the carethereof and of all the temporary works (defined as meaning all temporary works of every kind required in or forthe execution, completion or maintenance of the works). In case damage, loss or injury shall happen to the worksor to any part thereof or to temporary works due to any cause whatsoever the contractor shall repair at his(Contractor's) own cost and make good the same so that at the time of completion, the works shall be in goodorder and condition and in conformity in every respect with the requirement of the contract and Engineer-inCharge's instructions.

In respect of all labour, directly or indirectly employed in the work for the performance of the Contractor's part ofthis agreement, the contractor shall at his own expense arrange for all the safety provisions as per relevant SafetyCodes of C.P.W.D, Bureau of Indian Standards, the Electricity Act/I.E. Rules. The Mines Act and such other Actsas applicable.

The Contractor shall observe and abide by all fire and safety regulations prescribed by the local government and/orthe Owner. Before starting construction work, the Contractor shall consult the Owner's Safety Engineer orEngineer-in-Charge/Site-in-Charge and must make good to the satisfaction of the Owner any loss or damage dueto fire to any portion of the work done or to be done under this agreement or to any of the Owner's existingproperty.

Page 148 of 218

ASADASASD


P.013702D 11035

036


The Contractor will be fully responsible for complying with all relevant provisions of the Contract Labour Actand shall pay rates of Wages and observe hours of work/conditions of employment according to the provisionsunder the applicable Law and rules in force from time to time.

The Contractor will be fully responsible for complying with the provision including documentation andsubmission of reports on the above to the concerned authorities and does hereby indemnify the Owner from anysuch lapse for which the Government may take action against them.

Page 149 of 218

FORMS AND FORMATSP.013702D 11037

036





SECTION-V

FORMS AND FORMATS

Page 150 of 218


036


LIST OF FORMS AND FORMATS

1. Form 1: Bid Security Form (EMD)2. Form 2: Performance Bank Guarantee (PBG)3. Form 3: Letter of Authority for attending Pre-Bid and Subsequent Negotiations/Conferences4. Form 4: Declaration Form5. Form 5: Bidder’s Queries6. Form 6: MSME Certificate Details7. Form 7: Bar Chart/Pert Chart Schedule For Construction8. Form 8: Composite BG - Mobilisation Advance, Security Deposit / Retention Money/ Performance

Guarantee9. Form 9: Bidder’s General Information10. Form 10: Annual Turnover Form11. Form 11: Integrity Pact12. Form 12: Bank Guarantee Format for Mobilisation advance13. Form 13: Technical Check list14. Form 14: Format For Certificate From Statutory Auditor For Details Of Similar Goods/ Work/ Services

Supplied/ Done During Past 7 Years15. Form 15: Compliance Statement16. Form 16: Grievance Redressal Mechanism17. Form 17: Advice from supplier/contractor for E-payment18. Form 18: Reverse Auction Clause.19. Form 19: Detailed Addresses of sites20. Form 20: Bank Guarantee For Security Deposit21. Form 21: Arbitration Clause22. Form 22: Details of P.F. Registration TDS / TAN / ESIC23. Form 23: Details of Proposed Head Office and Site Organization24. Form 24: Check List for Submission of Bid25. Form 25: Bank format for Working Capital26. Form 26: Agreed Terms and Conditions27. Form 27: Bid Form28. Form 28: Details of Litigation29. Form 29: Format for Security Deposit30. Form 30: Format for GST Declaration31. Form 31: Format for Bank Guarantee In Lieu of Liquidated Damages32. Form 32: Declaration for Relatives

Page 151 of 218


036


FORM 1BANK GUARANTEE IN LIEU OF EARNEST MONEY 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 ofIndia 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 andassigns)issued a tender on Messrs. ................................................ a partnership firm/sole proprietor business/acompany registered under the Companies Act, 1956 having its office at (hereinafter called “the Tenderer” whichexpression 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” havingagreed not to insist upon immediate payment of Earnest Money for the fulfillment of the said tender in terms thereofon production of an acceptable Bank Guarantee for an amount of Rs........ (Rupees ................................. only).

1. We, ................................... Bank having office at ..................................................... (hereinafter referred to as“the Bank” which expression shall include its successors and assigns) at the request and on behalf of “theTenderer” hereby agree to pay to the Corporation without any demur on first demand an amount not exceedingRs........... (Rupees ...................................... only)against any loss or damage, costs, charges and expensescaused to or suffered by “the Corporation” by reason of non-performance and fulfillment or for any breach onthe 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 theterms and conditions of ‘the order’ and the extent of loss, damage, cost, charges and expenses suffered orincurred or would be suffered or incurred by “the Corporation” on account thereof and we waive in favour of“the Corporation” all the rights and defenses to which we as guarantors and/or “the Tenderer” maybe entitledto.

3. We,................................. Bank further agree that the amount demanded by “the Corporation” as such shall befinal 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 demurnotwithstanding any dispute raised by “the Tenderer” or any suit or other legal proceedings includingarbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guaranteebeing absolute and unconditional.

4. We,.......................................Bank further agree with “the Corporation” that “the Corporation” shall have thefullest liberty without our consent and without affecting in any manner our obligations hereunder to vary anyof the terms and conditions of the said ‘tender’/or to extend time of performance by “the Tenderer” from timeto time or to postpone for any time to time any of the powers exercisable by “the Corporation” against “theTenderer” and to forbear to enforce any of the terms and conditions relating to “the tender” and we shall notbe relieved from our liability by reason of any such variation or extension being granted to “the Tenderer” orfor 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 butfor this provision have the effect of relieving us.

Page 152 of 218


036


5. NOTWITHSTANDING anything hereinbefore contained, our liability under this Guarantee is restricted to Rs......... (Rupees....................................... only). Our liability under this guarantee shall remain in force untilexpiration of six months from the due date of opening of the said ‘tender’. Unless a demand or claim under thisguarantee 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 allliabilities thereunder.

6. We, …………………………………. Bank further undertake not to revoke this guarantee during its currencyexcept with the previous consent of the “the corporation” in writing.

7.0 We,......................................... Bank lastly agree that “the Bank” 's liability under this guarantee shall not beaffected by any change in the constitution of “the Tenderer”.

8.0 “The Bank” has power to issue this guarantee in favour of “the Corporation” in terms of the documents and/orthe agreement/Contract or MOU entered into between “the Tenderer” and “the Bank” in this regard.

IN WITNESSW HEREOF the Bank has executed this document on this ........................ dayof ………

For ........................ Bank(by its constituted attorney)

(Signature of a person authorized to sign on behalf of “the Bank”)

Page 153 of 218


036


FORM 2BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

/ CONTRACTOR(On Non-Judicial stamp paper of appropriate value)

TO :Hindustan Petroleum Corporation Limited(Address as applicable)

IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD. A Government of IndiaCompany registered under the Companies Act,1956, having its registered office at 17, Jamshedji Tata Road, Bombay-400 020 (hereinafter called "the Corporation" which expression shall include its successors and assigns) havingawarded to M/s ________________________________ a partnership firm/sole proprietor business/a companyregistered under the Companies Act, 1956 having its office at __________________________ (hereinafter referredto as "the Supplier" which expression shall wherever the subject or context so permits includes its successors andassigns) a supply contract in terms inter alia, of "the Corporation's" Order No. ____________ dated__________________ and the General procurement conditions of "the Corporation" and upon the condition of"supplier's" furnishing security for the performance of "the Supplier's" obligations and/or discharge of "the supplier's"liability under and/or in connection with the said supply contract upto a sum of Rs. _______________ Rupees_______)amounting to 10% (ten percent) of the total contract value.

We, ______________________ (hereinafter called "the Bank" which expression shall include its successors andassigns) hereby jointly and severally undertake and guarantee to pay to "the Corporation" in rupees forthwith ondemand in writing and without protest or demur of any and all moneys anywise payable by "the Supplier" to "theCorporation" under, in respect of or in connection with the said supply contract inclusive of all the Corporation's lossesand damage and costs, (inclusive between attorney and client) charges, and expenses and other moneys anywisepayable in respect of the above as specified in any notice of demand made by "the Corporation" to the Bank withreference to this Guarantee upto and aggregate limit of Rs ___________ (Rupees __________________________ )and "the Bank" hereby agrees with "the Corporation" that:

1. This Guarantee/Undertaking shall be a continuing Guarantee / Undertaking and shall remain valid andirrecoverable for all claims of "the Corporation" and liabilities of "the Supplier" arising upto and untilmidnight of _______________

2. This Guarantee/Undertaking shall be in addition to any other guarantee or security whatsoever that "theCorporation" may now or any time anywise have in relation to "the Supplier's obligation/liabilities underand/or connection with the said supply contract, and "the Corporation" shall have full authority to takerecourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failureon the part of "the Corporation" to enforcing or requiring enforcement to any other security shall have theeffect of releasing "the Bank" from its full liability hereunder.

3. "The Corporation" shall be at liberty without reference to "the Bank" and without affecting the full liabilityof "the Bank" hereunder to take any other security in respect of "the Supplier's" obligation and/or liabilitiesunder or in connection with the said supply contract and to vary the term vis-a-vis "the supplier" of the saidsupply contract or to grant time and/or indulgence to "the Supplier" or to reduce or to increase or otherwisevary the prices of the total contract value or to release or to forebear from enforcement of all or any of theobligations of "the supplier" under the said supply contract and/or the remedies of "the Corporation" underany other security(ies) now or hereafter held by "the Corporation" and no such dealing(s), variation(s) orother indulgence(s) or agreement(s) with "the supplier" or release of forbearance whatsoever shall have the

Page 154 of 218


036


effect of releasing "the Bank" from its full liability to "the Corporation" hereunder or of prejudicing rights of"the Corporation" against "the Bank".

4. This Guarantee/Undertaking shall not be determined or affected by the liquidation or winding up, dissolutionor change of constitution or insolvency of "the supplier" but shall in all respects and for all purposes bebinding and operative until payment of all moneys payable to "the Corporation" in terms hereof

5. "The Bank" hereby waives all rights at any time inconsistent with the terms of this Guarantee/Undertakingand the obligations of "the Bank" in terms hereof shall not be anywise affected or suspended by reason ofany dispute having been raised by "the suppliers" (whether or not pending before any arbitrator, officer,tribunal or court) or any denial of liability by "the supplier" or any other order of communication whatsoeverby "the supplier" stopping or preventing or purporting to stop or prevent any payment by "the Bank" to "theCorporation" in terms hereof.

6. The amount stated in any notice of demand addressed by "the Corporation" to "the Bank" as liable to be paidto "the Corporation" by "the supplier" or as suffered or incurred by "the Corporation" on account of anylosses or damages or costs, charges/and/or expenses shall be as between "the Bank" and "the Corporation"be conclusive of the amount so liable to be paid to "the Corporation" or suffered or incurred by "theCorporation", as the case may be, and payable by "the Bank" to "the Corporation", in terms hereof.

7. Notwithstanding anything contained herein above:

i. Our liability under this guarantee shall not exceed Rs..........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 andonly if you serve upon us a written claim or demand on or # before the expiry of 30 days from the dateof expiry of this guarantee.

8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/orthe agreement/contract or MOU entered into between "the supplier" and "the Bank" in this regard.

IN WITNESS Where of __________________ Bank, has executed this document at ______________ on_______________ 20…..____________________________ Bank (by its constituted attorney).

(Signature of a person authorized to sign on behalf of "the Bank")

Page 155 of 218


036


FORM 3LETTER OF AUTHORITY

PROFORMA FOR LETTER OF AUTHORITY FOR ATTENDING AND SUBSEQUENTNEGOTIATIONS/CONFERENCES

To. Date:HINDUSTAN PETROLEUM CORPORATION LIMITED,(Address as applicable)

Attn......................................

Dear Sirs,

We..................................................hereby authorize following representatives (s) to attend the Pre Bid meeting /Negotiation or for any other correspondence and communication against your Bidding document number No............................for.................................... (Item Name).......................................

1. Name & Designation : ......................... Signature............................2. Name & Designation : ........................ Signature............................

We confirm that we shall be bound by all and whatsoever our representative (s) shall commit.

Yours faithfully,Signature...........................................Name & Designation.........................For & on behalf of............................

Note:

This Letter of Authority should be on the letterhead of the Bidder and should be signed by a person competent andhaving the power of attorney to bind the Bidder.

Page 156 of 218


036


FORM 4DECLARATION

(To be submitted along with Un-priced bid)

We (M/s. __________________________) hereby declare that we have not been banned or delisted or blacklisted orput on holiday list by any government or quasi Government agencies or PSUs.

We (M/s. __________________________) confirm that we are not on Holiday/ Negative / Suspension / Banning listof HPCL on due date of submission of bid.

We (M/s. __________________________) confirm that we are not under liquidation, court receivership or similarproceedings.

I/we also (Co. name), _________________________________________herewith declare that we are registered underGST with GSTIN No _______________ (Please specify and provide supporting document).

Stamp and Signature of Bidder

Note : If a bidder has been banned or delisted or blacklisted or put on holiday list by any Government or quasiGovernment agencies or PSU, this fact must be clearly stated with details and it may not necessarily be a causefor disqualifying him. If this declaration is not given, the bid will be rejected as nonresponsive.

Page 157 of 218


036


FORM 5

BIDDER’S QUERIES(BIDDER TO SUBMIT QUERIES ON HPCL PORTAL ONLY)

SR. NO BIDDING DOCUMENT SUBJECT BIDDER'SQUERY

OWNER'SREPLYPAGE NO. CLAUSE NO.

NOTE: Bidder’s Queries may be submitted online.

Page 158 of 218


036


FORM 6NSIC / MSME CERTIFCATE DETAILS

TO BE FILLED BY BIDDERS REGISTERED WITH MSME

TO BE FILLED BY ALL BIDDERS1 NAME OF BIDDER2 WHETHER REGISTERED WITH MSE : YES/NO,

IF YES PLEASE UPLOAD THE MSE CERTIFICATEYES / NO

2.1 NSIC / MSE REGISTRATION CERTIFICATE ISVALID

2.2 MONETARY LIMIT OF MSE REGISTRATIONCERTIFICATE

3 WHETHER ITEM QUOTED IS COVERED IN MSEREGISTRATION CERTIFICATE IF YES. PLEASEMENTION THE ITEM NAME IN MSE CERTIFICATEUNDER WHICH TENDERED ITEM IS COVERED

4 WHETHER YOU HAVE SUCCEEDED IN SECURINGORDERS FOR SAME ITEMS (ITEM QUOTED), INCOMPETITION (I.E. WITHOUT PRICE REFERENCE)WITH LARGE SCALE UNITS DURING THE PRECEEDING12 MONTHS FROM THE DATE OF THIS TENDER (SAY :YES OR NO)

5 WHETHER FIRM IS OWNED BY SC/ST ENTERPRENEURS(SAY YES OR NO) IF YES, PLEASE UPLOAD SC/STCERTIFICATE


Note to Bidder:

1. It is mandatory for all the bidders to provide above data, in case bidder is non MSE, please mention “N.A”.

Page 159 of 218


036


FORM 7BAR CHART/PERT CHART SCHEDULE FOR CONSTRUCTION

Note:

1. Bidder shall submit Bar Chart/Pert Chart Schedule for construction of each facility such as buildings, pipe rack,Piling works , general civil works etc. and work-wise such as excavation, foundations, columns, floor beam, slab,wall, plaster and finishing items for each facilities in separate sheet along with the unpriced Bid.

2. Bar chart/Pert Chart schedule shall indicate No. of weeks required for each activities.

3. Bidder may use separate sheet showing bar chart schedule.


Notes:

1. This Chart shall be submitted along with unpriced bid in the Letter Head of the company.

Page 160 of 218


036


FORM 8COMPOSITE BANK GUARANTEE FOR MOBILISATION ADVANCE, SECURITY

DEPOSIT/RETENTION MONEY/PERFORMANCE GUARANTEE


To:Hindustan Petroleum Corporation Limited(Address as applicable)

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED, a Government ofIndia 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 andassigns) having placed an order on Messers ............................ a partnership firm/sole proprietor business/a companyregistered under the Companies Act, 1956 having its office at .............. (hereinafter called "the supplier" (whichexpression shall include executors, administrators and assigns) vide order No.......................dated.............. (hereinaftercalled "the order" which expression shall include any amendments/alterations to "the order" issued by "theCorporation") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" havingagreed:

a) not to insist upon immediate payment of Security deposit for the fulfilment and performance of the saidorder

b) to pay "the supplier" as and by way of advance upto a sum of Rs. __________ (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/ordischarge of "the supplier's" liability in connection with the said "order"; and "the Corporation" havingagreed with "the supplier" to accept a composite Bank Guarantee for the mobilisation advance, securitydeposit, retention money and performance guarantee.

We, .................................................... Bank having office at .......................................... (hereinafter referred to as "theBank" which expression shall includes its successors and assigns) at the request and on behalf of "the supplier" herebyagree to pay to "the Corporation"without any demur on first demand an amount not exceeding Rs...........(Rupees.............................only) against any loss or damage, costs, charges and expenses caused to or suffered by "theCorporation" by reason of non performance and fulfilment or for any breach on the part of "the supplier" of any of theterms 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 orincurred by "the Corporation" on account thereof and we waive in the favour of "the Corporation" all the rights anddefences 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 finaland binding on "the Bank" as to "the Bank" 's liability to pay and the amount demanded and "the Bank" undertake topay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any disputeraised by "the Supplier" or any suit or other legal proceedings including arbitration pending before any court, tribunalor arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.

4. We, .................................. Bank further agree with "the Corporation" that "the Corporation" shall have the fullestliberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms

Page 161 of 218


036


and conditions of the said "order"/or to extend time of performance by "the Supplier" from time to time or to postponefor any time to time any of the powers exercisable by "the Corporation" against "the Supplier" and to forbear to enforceany of the terms and conditions relating to "the order" and we shall not be relieved from our liability by reason of anysuch variation or extension being granted to "the Supplier" or for any forbearance, act or ommission on the part of"the Corporation" or any indulgence by "the Corporation" to "the Supplier" or by any such matter or things whatsoeverwhich 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 CompositeBank Guarantee for both the advance and security deposit performance guarantee/Retention Money @ of ____% validtill the end of the defects liability period as per the terms of the P.O. No. ___________ dated ______________ andthat in proportion with the recovery of advance @ ______% per bill the same amount/value automatically standscredited to the defects liability account/security deposit or retention money as the case may be and will continue to becredited/treated till the entire advance of Rs. ______________________ is fully recovered from the running bills andfrom the date of full recovery of the advance of Rs __________________ this guarantee automatically, shall standvalid towards the ____% retention money/defects liability, fully valid in all ® respects unto a further period of 3(three) months, as per the Purchase Order of "the Corporation".

6. Not withstanding anything contained herein above:

a. Our liability under this guarantee shall not exceed Rs ..........b. This Bank Guarantee shall be valid upto and including .......; andc. 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 ofthis guarantee.

7. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except withthe previous consent of "the Corporation" in writing.

8. We, ......................................... Bank lastly agree that "the Bank"'s liability under this guarantee shall not be affectedby 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 theAgreement/Contract or MOU entered into between "the Supplier" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this ............................. day of ...........................For ........................ Bank(by its constituted attorney)(Signature of a person authorized to sign on behalf of "the Bank")*

Page 162 of 218


036


FORM 9BIDDERS GENERAL INFORMATION

Bid Document No. ………………………………………………………………

ToHindustan Petroleum Corporation Limited(Address as applicable)

1.1 Bidder Name: ____________________________

1.2 Number of Years in Operation: ____________________________________

1.3 Registered Address: __________________________________________

1.4 Operation Address if different from above: _________________________________________

1.5 Telephone Number: __________________________________________(Country code) (Area Code) (Tel. Number)

1.6 E-mail address: ______________________________________

1.7 Website: ____________________________________________

1.7 Telefax Number: _______________________________________(Country Code) (Area Code) (Tel. Number)

1.8 Name & Mobile no. of Concerned person(s): ________________________________________

1.8 ISO Certification, if any (if yes, please furnish details)

2.0 GENERAL

2.1 Income Tax PAN No. of the firm: _____________________________________________

2.2 Provident Fund Registration No. of the firm: ____________________________________

2.3 ESI Registration No. of the firm: ______________________________________________

2.4 GST No. of the firm: ________________________________________________

2.5 Excise Registration number: _____________________________________________

2.7 Excise Range: ____________________________________________________


Page 163 of 218


036


FORM 10ANNUAL TURNOVER STATEMENT

Bid Document No. ………………………………………………………..

The Bidder shall indicate herein his annual turnover during preceding 3 years based on the audited balancesheet/profit & loss account statement.

Financial Year Annual Turnover(Rs.)

Networth(Rs.)

2016-2017 / 20172017-2018 / 20182018-2019 / 2019

AVERAGE ANNUAL TURNOVER FORLAST THREE YEARS

NOTE:

1. Net worth means paid up share capital, Share Application Money pending allotment* and reserves # lessaccumulated losses and deferred expenditure to the extent not written off.

# Reserves to be considered for the purpose of networth shall be all reserves created out of the profits andsecurities premium account but shall not include reserves created out of revaluation of assets, write back ofdepreciation and amalgamation.

*Share Application Money pending allotment will be considered only in respect of share to be allotted.

Accordingly, the definition of Networth shall be as follows:

Paid up share capital XXXXAdd: Share Application Money pending allotment XXXXAdd: Reserves (As defined Above) XXXXLess: Accumulated Losses XXLess: Deferred Revenue Expenditure to the extent notwritten off XXNet worth XXXX

2. Bidder shall furnish necessary documentary evidence by uploading the documents in the e-portal ofHPCL, such as notarized copies of audited Annual Report/Balance Sheet for last three (3) years asmentioned above, Original Certificate from Chartered Account indicating Turnover & Net worth.

Stamp and Signature of Bidder Name of Bidder Company:

Page 164 of 218


036


FORM 11

INTEGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor, will form part of this contract/ supply order.

Proforma of Integrity Pact (which is issued along with the bidding document) shall be returned by the bidder alongwith technical bid, duly signed by the same signatory who signs the bid i.e. who is duly authorized to sign the bid.All the pages of the Integrity Pact shall be duly signed by the same signatory. Bidder’s failure to return the IntegrityPact along with the bid, duly signed, shall lead to outright rejection of such bid.

If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisionsunder Integrity Pact, HPCL shall be entitled to demand and recover from bidder Liquidated damages amount byforfeiting the EMD/Bid security (Bid Bond) as per provisions of Integrity Pact.

If the contract has been terminated according to provisions of the Integrity Pact, or if HPCL is entitled to terminatethe contract according to provisions of Integrity Pact, HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank Guarantee / Security Deposit as perIntegrity Pact.

Page 165 of 218


036


INTEGRITY PACT

No.Dated

To, HINDUSTAN PETROLEUM CORPORATION LIMITEDSub.: Procurement of Bidding Documents

Ref. Tender No.: ___________________________________

HPCL and the Bidder agree that the Notice Inviting Tender (NIT) is an offer made on the condition that the bidderwill sign the Integrity Pact and the Bid would be kept open in its original form without variation or modification for aperiod of (state the number of days from the last date for the receipt of tenders stated in the NIT) 120 days and themaking 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 contractconsisting of the above conditions of NIT as the offer and the submission of Bid as the Acceptance shall be separateand 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 sellthe NIT to the Bidder and to consider the bid to be made except on the condition that the bid shall be kept open for120 days after the last date fixed for the receipt of the bids and the Bidder desires to make a bid on this condition andafter 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 requiredperiod. These reciprocal promises form the consideration for this separate initial contract between the parties.

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

Yours faithfully, Yours faithfully(BIDDER) (PURCHASER)

# (This agreement should be “pre-signed” by the authorised representatives of the applicable Function/SBU on behalfof HPCL at the time of invitation of tender).

Page 166 of 218


036


PRE-CONTRACT INTEGRITY PACT

General

This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on _ day of the month of 20 ,between, on one hand, Hindustan Petroleum Corporation Limited acting through Shri (Designation of the officer,),Department (hereinafter called the "BUYER", which expression shall mean and include, unless the context otherwiserequires, his successors in office and assigns) of the First Part and M/s. _____________________represented byShri _______________________ (hereinafter called the "BIDDER/Seller" which expression shall mean and includeunless the context otherwise requires, his successors and permitted assigns) of the Second Part.

WHEREAS the BUYER proposes to procure (Name what is being procured) and the BIDDER/Seller iswilling to offer/has offered the (State what is being offered).

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 aMinistry/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 anyinfluence/unprejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into witha view to:-

Enabling the BUYER to obtain the desired said stores/equipment item at a competitive price in conformity with thedefined 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 contractby providing assurance to them that their competitors will also abstain from bribing and other corrupt practices andthe 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, favour 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 exchangefor an advantage in the bidding process, bid evaluation, contracting or implementation process relatedto the Contract.

1.2 The Buyer will, during the pre-contract stage, treat all Bidders alike, and will provide to all Bidders thesame information and will not provide any such information to any particular BIDDER which couldafford 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 forany attempted or completed breaches of the above commitments as well as any substantial suspicion ofsuch a breach.

Page 167 of 218


036


2. In case of any such preceding misconduct on the part of such official(s) is reported by the BIDDER/SELLERto the BUYER with full and verifiable facts and the same is prima facie found to be correct by the Buyer,necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may beinitiated by the BUYER and such a person shall be debarred from further dealings related to the contractprocess. In such a case while an enquiry is being conducted by the Buyer the proceedings under the contractwould 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 offenseunder 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, unfairmeans and illegal activities during any stage of its bid or during any pre- contract or post-contract stage in orderto 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, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage orinducement to any official of the Buyer, connected directly or indirectly with the bidding process, or toany person, organization or third party related to the contract in exchange for any advantage in thebidding, 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 orindirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or otheradvantage, commission, fees, brokerage or inducement to any official of the Buyer or otherwise inprocuring the Contract or forbearing to do or having done any act in relation to the obtaining orexecution of the Contract or any other Contract with the BUYER for showing or forbearing to showfavour or disfavour 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 shalldisclose 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 originalmanufacturer/integrator and has not engaged any individual or firm or company whether Indian orforeign 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 beenpaid, promised or intended to be paid to any such individual, firm or company in respect of any suchintercession, facilitation or recommendation.

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

Page 168 of 218


036


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

3.8 The BIDDER/SELLER will not accept any advantage in exchange for any corrupt practice, unfairmeans and illegal activities.

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

3.10 The BIDDER/SELLER commits to refrain from giving any complaint directly or through any othermanner 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 theactions mentioned above.

3.12 The BIDDER/SELLER or any employee of the BIDDER/SELLER or any person acting on behalf ofthe 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 theBIDDER/SELLER's firm, the same shall be disclosed by the BIDDER/SELLER at the time of filing oftender.

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 dealingsor 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 yearsimmediately before signing of this Integrity Pact, with any other company in any country in respect ofany corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or anyGovernment Department in India, that could justify BIDDER/SELLERs exclusion from the tenderprocess.

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

Earnest Money

5.1. While submitting commercial bid, the BIDDER/SELLER shall deposit an amount (to be specified inthe RFP (Request for Proposal) as Earnest Money, with the BUYER through any of the followinginstruments (as specified In RFP):-

(i) Bank Draft or a Pay Order

Page 169 of 218


036


(ii) A confirmed guarantee by an Indian Nationalized Bank, promising payment of the guaranteedsum to the BUYER, on demand within three working days without any demur whatsoever andwithout seeking any reasons whatsoever. The demand for payment by the BUYER shall betreated as conclusive proof for payment.

(iii) Any other mode or through any other instrument (to be specified in RFP).

(iv) Through e-payment

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

5.3 In the case of successful BIDDER/SELLER a clause would also be incorporated in the Article pertainingto Performance Bond in the Purchase Contract that the provisions of Sanctions for Violation shall beapplicable for forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the samewithout assigning any reason for imposing sanction for violation of this pact.

5.4 No interest shall be payable by the BUYER to the BIDDER/SELLER on Earnest Money/SecurityDeposit 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 actingon its behalf (whether with or without the knowledge of the BIDDER/SELLER) shall entitle theBUYER 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 anycompensation 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 theBUYER 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 theBIDDER/SELLER.

(iv) To recover all sums already paid by the BUYER and in case of an Indian BIDDER/SELLERwith 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 theBUYER in connection with any other contract for any other stores, such outstanding paymentcould 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 theBIDDER/SELLER, in order to recover the payments, already made by the BUYER, along withinterest.

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

Page 170 of 218


036


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

(viii) To recover all sums paid in violation of this Pact by BIDDER/SELLER(s) to any middleman oragent 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 signedby 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 withoutassigning 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 Pactalso 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 ChapterIX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute enactedfor prevention of corruption.

6.3 The decision of the BUYER to the effect that a breach of the provisions of this Integrity Pact has beencommitted 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 ofthis Pact.

7. Fall Clause

a) The Bidder undertakes that during the previous one year, the Bidder has not supplied I is not supplyingand/or has not agreed to supply similar product systems or subsystems at a price lower than that offeredin the present bid in respect of same location as mentioned in the present bid to any otherMinistry/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 duringthe financial year in which bid was submitted by the bidder, the bidder had supplied/agreed to supplysimilar product systems or subsystems in respect of same location to any other Ministry/Department ofthe Government of India or a PSU at a price lower than that mentioned in the present bid ("LowerPrice"), then the Buyer by providing a written notice to the Bidder shall be at liberty to apply LowerPrice to the contract and accordingly reduce the contract value. The Bidder further undertakes to refundto the Buyer the difference between payment received under the contract and the Lower Price ("PriceDifference") 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 stipulatedunder clause 7 (b), then the Buyer shall be free to recover the Price difference from any amount due andpayable to the Bidder under any contract or transaction undertaken with the Buyer. "

8. Independent Monitors

8.1 The BUYER has appointed Independent Monitors (hereinafter referred to as Monitors) for this Pact, inconsultation with the Central Vigilance Commission Names and Addresses of the Monitors: 1) ShriJyoti Swaroop Pandey 2) Shri Kata Chandrahas, 3) Shri. Arun Chandra Verma C/o The CompanySecretary, HPCL, 6th Floor, Petroleum House, 17, Jamshedji Tata Road, Church gate, Mumbai 400020.

Page 171 of 218


036


8.2 The task of the Monitors shall be to review independently and objectively, whether and to what extentthe 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 theirfunctions neutrally and independently.

8.4 Both the parties accept that the Monitors have the right to access all the documents relating to the projectprocurement, 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 theC&MD of the BUYER Corporation.

8.6 The BIDDER(s) accepts that the Monitors have the right to access without restriction to all Projectdocumentation of the BUYER including that provided by the BIDDER/SELLER. TheBIDDER/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 toSubcontractors. The Monitor shall be under contractual obligation to treat the information anddocuments of the BIDDER/Subcontractor(s) with the confidentiality.

8.7 The BUYER will provide to the Monitor sufficient information about all meetings among the partiesrelated to the Project provided such meetings could have an impact on the contractual relations betweenthe 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 theDepartment/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 itsauthorised agencies & other Govt. authorities shall be entitled to examine all the documents including the Books ofAccounts of the BIDDER/SELLER and the BIDDER/SELLER shall provide necessary information and documentsin 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 inaccordance 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 thecomplete 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 shallexpire 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 remainsvalid. In this case, the parties will strive to come to an agreement to their original intentions.

Page 172 of 218


036


13. The Parties hereby sign this Integrity Pact at__________on____________

BUYER BIDDER

Name of the Officer-Kiran Kothari Name of the OfficerDesignation:Asst Mgr Purchase DesignationHPCL Name of the Organisation/Dep/Ministry/PSU

Witness Witness

1. 1.

2. 2.

Page 173 of 218


036


Please refer point no 8 of Integrity pact wherein name and address of Independent external monitor is to bementioned:

Details of IEM are as follows:

Shri Arun Chandra Verma,IPS (Retd.)Flat No C-1204C Tower-Amrapali, Platinum ComplexSector 119, Noida (UP)

Ph No:+91 8130386387E mail: [email protected]

Page 174 of 218


036


FORM 12BANK GUARANTEE FOR MOBILISATION ADVANCE


NOT APPLICABLE

Page 175 of 218


036


FORM 13CHECKLIST-TECHNICAL

Requisition for LAYING OF 3LPE COATED LINE PIPES FOR CITY GAS DISTRIBUTIONPROJECT

Project CITY GAS DISTRIBUTION PROJECT IN SONIPAT & JIND GAs

Bidder confirms the following, as a minimum, is enclosed in the offer:

S.No Requirement Complied byBidder

1 Total compliance to technical requirements of the Scope ofWork, as per Compliance Statement document, enclosed.

Yes/No

2 Bidder has quoted for Schedule –wise items covered inspecification.

Yes/No

3 Bidder meets Bidder’s qualification criteria (BQC) anddocumentary evidence in support of BQC is enclosed in theoffer as per following, as a minimum:

Yes/No

a. Name & Location of Work Completed Yes/No4 Documents/ Catalogues etc.as per specification enclosed. Yes/No

To be filled, signed and stamped by Bidder.


Page 176 of 218


036


FORM 14

FORMAT FOR CERTIFICATE FROM STATUTORY AUDITOR FOR DETAILS OF SIMILAR GOODS/WORK/ SERVICES SUPPLIED/ DONE DURING PAST 7 YEARS

S.No

Description of

Goods /Works /Services

LOA/ PO /WONo.

Addressof

Client /Name

ofOfficer

/Contact

No. /Email

ID

ContractValue

Date ofCommence

ment ofwork/services or supply

of goods

Scheduledcompletion

time(months) deliveryschedule

Date ofactual

completion/suppl

y

WorkCompletio

nCertificatewith Date

Reasons fordelay

inexecution,if any

Project

cost

Place:[Sign. Of authorized signatory of bidder]

Date:Name:Designation:

Instructions:

1. Copies of letter of awards/order/work orders and completion/ execution certificate (in case of works/services)or IRN/Proof of delivery (in case of supplies, if applicable) to be enclosed.

2. The supply/work/services completed earlier than 5 years need not be indicated here.3. The list of supply/ work/ services not of similar nature need not be indicated here. Failing to comply

aforementioned instructions may lead to rejection of bid.4. Bidders are expected to provide details in respect of each order in this Annex. The orders cited must comply

with the bid evaluation criteria specified in Tender Document Details provided in this section is intended toserve as a backup for information provided in Offer/Quotation. Bidder should also refer to the instructionsbelow.

5. A separate sheet should be filled for each LOA/work order/ purchase order.6. Certificate from the bidder’s statutory auditors must be furnished in the format below for LOA/Work

Order/Purchase Order mentioned above (separately for each orders)7. It may be noted that in the absence above certificates, the details would be considered inadequate and could

lead to the bid being considered ineligible for further evaluation.

Page 177 of 218


036


Certificate from the Statutory Auditor regarding Supply of Goods/Works/Services

Based on its books of accounts and other published information authenticated by it, {this is to certify that LOA/PO/WOno. …………………………………….dated……………was awarded to………………………………………..(name of the bidder) by…………………………..(name of the client) toexecute……………………………….((name of the supply/work/service). The Supply/ works/services commencedon ……………………. (date) was/is likely to be completed on…………………………..(date, if any). It is certifiedthat the total value of contract/order executed by……………………………………….(name of bidder)was………………………………………………(specify currency & amount) and executed valuewas…………………………………(specify currency & amount).

Name of Audit Firm: [Signature of authorized signatory]Chartered Accountant:

Date: Name: Designation: Seal: Membership no.:

Page 178 of 218


036


FORM 15

COMPLIANCE TO BID REQUIREMENT

Requisition for LAYING OF 3LPE COATED LINE PIPES FOR CITY GAS DISTRIBUTIONPROJECT

Project CITY GAS DISTRIBUTION PROJECT IN SONIPAT & JIND GAs

Bidding Document No. HPCL E-Tender No.:

We hereby agree to fully comply with, abide by and accept without variation, deviation or reservation all technical,commercial and other conditions whatsoever of the bidding Documents and Addendum to the Bidding Documents forsubject work issued by Owner/Consultant.

We hereby further confirm any terms and conditions mentioned in our bid (Un-priced as well as Priced Part) shall notbe recognized and shall be treated as null and void.

Bidder’s Seal

Signature of Bidder

Name of Bidder

Page 179 of 218


036


FORM 16

GRIEVANCE REDRESSAL MECHANISM

1.0 Background

Hindustan Petroleum Corporation (HPCL) has developed the following mechanism to deal with references/grievancesif any that are received from Parties who participated /intends to participate in the Corporation Tenders. The schemeis as under:

2.0 Definitions: Grievance

For the purpose of this scheme, the word ‘Grievance’ would mean a written and signed representation received fromparty, who has participated/intends to participate in the tender of the Company, seeking inter-alia a review of theprocess of finalization of tender on the grounds that his right as a party to the tender has been affected for the reasonto be provided by him which needs to be examined and decided in the interest of equity.

Grievance Redressal Cell (GRC)

It is the group that will review the references received from the Parties and decide the matter.

3.0 Authorities to handle grievances

3.1 There will be a process to deal with the grievances received from the tendering parties of the prospectivetenderers based on the Tender document issued.

3.2 The first level, say Level-I of such process will comprise of a Grievance Redressal Cell (GRC). This Cellwill consist of the following:

Sr.No.

SBU/Function Head Member Finance Member Procurement(Co- ordinator)

RefineriesGRCs

1 Visakh Refinery Head-Refinery Head- Finance Head- Materials

2 Mumbai Refinery Head-Refinery Head- Finance Head- Materials

MarketingGRCs

1 Retail SBU Head-Retail Head- Comml.** Head- Proc.**

2 Direct Sales Head-Direct Sales Head- Comml. ** Head- Proc.**

3 LPG Head-LPG Head- Comml. ** Head- Proc.**

4 Aviation Head-Aviation Head- Comml.** Head- Proc.**

5 Projects & Pipelines* Head-P&P Head- Comml.** Head- Proc.**

6 Operaions & Head-O&D Head- Comml.** Head- Proc.**

Page 180 of 218


036


Distributions(O&D)

7Gas, Renewable & Business

Develop- ment, MktgSBU/dept

Head - Gas, Renewable& Business

Development, MktgSBU/dept

Head–Comml. *** Head- Proc.***

CorporateGRCs

1 CorporateHead-IS/HR

(as applicable)Head- Finance (Corp.)

Head- Procurement

(DGM-Administration)

* includes Marketing Projects,** concerned SBU,*** concerned SBU/dept

3.3 The Co-ordinator for each of the Cell is respective Head – Materials/Procurement of Visakh Refinery, MumbaiRefinery, Marketing SBUs & Corporate.

3.4 All the grievances will be lodged with the Co-ordinator of the Cell.

3.5 This Cell will examine the grievances and decide the matter.

3.6 The second level of Grievances Redressal Mechanism is the Executive Committee – Refineries for bothMumbai & Visakh Refineries, Executive Committee - Marketing & Executive Committee – Corporate forrespective functions. The decision of the Executive Committee is final.

4.0 Grievances Redressal Process

LEVEL –I

4.1 If a grievance is received by the Grievance Redressal Cell, the Co-ordinator will first acknowledge the receiptof the grievance to the aggrieved party within 48 hours from the time of receipt of the grievance (Excludingintervening Holidays).

4.2 The Grievance Redressal Cell (GRC) will forward the Grievance to the Tender Inviting Authority at the earliest,who will offer his comments/views to the Cell within 2 days of receipt from GRC.

4.3 On receipt of comments from Tender Inviting Authority, the Grievance Redressal Cell will meet and look intothe grievances expressed by the aggrieved party along with the views/comments of the Tender InvitingAuthority. The Grievance Redressal Cell can call for relevant records and documents to enable it to firm up itsdecision on the grievance.

4.4 The Grievance Redressal Cell will decide the matter within 14 days and thereafter communicate the decisionto the aggrieved party.

LEVEL –II

4.5 The second level of Grievance Redressal Mechanism is the Executive Committee - Refineries for both Mumbai& Visakh Refineries and Executive Committee – Marketing & Executive Committee – Corporate for respective

Page 181 of 218


036


functions which would examine and decide on any appeal/ representation on the decision of the GrievanceRedressal Cell.

4.6 Parties aggrieved by the decision of the Grievance Redressal Cell, can appeal / represent to the ExecutiveCommittee within 7 days of receipt of the decision with a copy to GRC Level-I for co-ordination. Appealreceived after seven days will not be considered.

4.7 The EC will decide the matter in appeal within 14 days and thereafter communicate the decision to theaggrieved party. The decision of the Executive Committee is final.

5.0 Time limitation for the handling of grievances

5.1 Grievances regarding the Pre-qualification process should be lodged by the aggrieved party within one weekfrom the date of Publication calling for pre- qualification bid Grievances received after one week from datePublication will not be considered.

5.2 The decision on Grievance pertaining to Pre-Qualification should be finalized before the shortlisting of theparties is concluded.

5.3 Specific Grievances regarding the Notice Inviting Tender (NIT) should be lodged by the aggrieved party withinone week from the last date of sale of tender document or one week prior to the Due date for Bid Submission,whichever is earlier. Grievance regarding NIT, received thereafter shall not be considered.

5.4 Grievances relating to the tender process (other than “Notice Inviting Tender related grievances”) should belodged within one week the date of operating the unpriced bids.

5.5 The Grievance Redressal Cell shall examine the case and decide within 15 working days from the date ofreceipt of the grievance and advise the function concerned of the same so that they can process the tenderfurther.

5.6 Any grievance after price bid opening should be redressed before award of the contract No grievances shall beentertained which are received after one week of price bid opening.

5.7 The Co-ordinator of the Grievance Redressal Cell, on receipt of the grievance by the aggrieved party, shouldinform the Tender Inviting Authority not to finalise the contract till the disposal of the grievance by theGrievance Redressal Cell. The grievance lodged should be disposed of within a reasonable period of 14working days so that there is no undue delay in awarding the contract.

6.0 Interim Suspension of Tendering Process

6.1 After any grievance is received by the Co-ordinator of the Grievance Redressal Cell, the Cell Members willmeet and examine whether the tendering process relating to the concerned matter is to be suspended or not inconsultation with the Tender Inviting Authority. The Cell will examine whether there exists a prima facieground for suspending the tendering process and decide the matter. It may consult, if required, the ExecutiveCommittee as to whether the tendering process has to be suspended till a final decision is taken on thegrievance.

6.2 The decision to suspend the tendering process or not and disposal of the grievance should preferably be takenby the Grievance Redressal Cell and/ or Executive Committee at the earliest but not later than 14 working daysfrom the receipt of grievance keeping in mind the Schedule of activities connected with the tender concerned.

Page 182 of 218


036


6.3 When it is decided to suspend the Tendering Process, the grievance should be examined and disposed off bythe Grievance Redressal Cell & Executive Committee at the earliest, but not later than 15 days since it will benecessary to either continue with the tender as per earlier norms or it is decided to re- invite the tender withsuitable changes.

7.0 Other General Provisions

7.1 A final written reply to the aggrieved party will be given by coordinator of Grievance Redressal Cell / ExecutiveCommittee within 21 working days from the date of receipt of the grievance in line with the minute ofrespective GRC/EC.

7.2 The Grievance Redressal Cell / Executive Committee, while firming up its recommendations, can seek theviews of other relevant Department like Finance, Vigilance and Legal or any other Department concerned withthe issue.

7.3 The Grievance Redressal Cell & / Executive Committee is entitled to give a personal hearing to the aggrievedparty, if necessary.

7.4 If a Grievance is related to a contract already awarded and acted upon, and if the Grievance Cell & ExecutiveCommittee is of the view that the grievance needs review for remedial action for future tenders, it would submitits recommendation to the concerned SBU/Dept. head for future tenders.

7.5 Company’s Tender Grievance Redressal Mechanism will be displayed in its Website in the Tenders Page.

7.6 The Grievance Redressal Cell & Executive Committee will maintain a grievance register giving details of thetender number, date of receipt of grievance letter, nature of grievance in brief, details of the decisions takenand the date of communication to the aggrieved party.

7.7 The Grievance Redressal Cell & Executive Committee will also submit a quarterly report on the grievanceshandled to the Committee of Functional Directors. A copy of Yearly Report will be submitted to the Board forinformation.

7.8 The relevant clause of Grievance Redressal Mechanism Procedure should be incorporated in GTC of all Tenderdocuments along with the name and address of the Officer-designate of the Grievance Redressal Cell/ Secretaryof the concerned Executive Committee, to whom the grievance letter/ Appeal should be addressed to.

8.0 Integrity Pact

Notwithstanding the GRP guidelines above, the provisions of the Integrity Pact will be applicable independently totenders of Rs. 1 Crore & above.

Page 183 of 218


036


FORM 17

ADVICE FROM SUPPLIER/CONTRACTOR FOR E-PAYMENT(ON LETTER HEAD)

Hindustan Petroleum Corporation Limited(Address as applicable)

Dear Sirs,

The following is a confirmation/ updation of may bank details and I hereby affirm my our choice to opt for paymentof amounts due to me under various contracts through electronic mode. I understand that Hindustan PetroleumCorporation Limited also reserves the right to send the payments due to me by a cheque/ demand draft/ electronicsmode or through a banker.

A) Supplier/Contractor Details

1. Supplier/Contractor Name

2. Supplier Contractor Code

3. Address (including Pin Code)

4. Controlling officer name/SBU: E&P

5. P.A. No.

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

(As appearing in the MICR Cheque issued by Bank)

(Please do not give multicity cheque book code Number)

5. Account Type (Saving/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)

9. NEFT Code No.

I/we hereby declare that the particulars given above are correct and the complete and also undertake to promptly adviseand changes to the above details to HPCL. If the transaction is delay or not effected for reasons of incomplete orincorrect information or banking delays. I shall not hold Hindustan Petroleum Corporation Limited responsible. I alsoagree for printing of the bank details on the cheque or DD if the payment is effected by cheque/DD. The charges, ifany, levied by my bank shall be settled by me/us.

Page 184 of 218


036


Name (in capital) & signature of supplier / contractor

Authorized signatory

Official rubber stamp

Date:

Note:

1. Bank details (B.1 to 9) to be confirmed by the bankers. Such confirmation shall duly signed & stampedby the bankers. Supplier code, bank account number and RTGS/NEFT number required essentially.

2. Please enclosed cancelled /photocopy of a cheque

Page 185 of 218


036


FORM 18

Reverse Auction – Terms & Conditions and Procedure

ATTACHED SEPARATELY IN TENDER DOCUMENTS

Page 186 of 218


036


FORM 19

Detail address of site Representatives of HPCL

WILL BE INFORMED TO SUCCESSFUL BIDDER AFTER PLACEMENT OF PO / WO

Page 187 of 218


036


FORM 20

BANK GUARANTEE FOR SECURITY DEPOSIT(On Non-Judicial stamp paper of appropriate value)


IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED, a Government ofIndia 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 andassigns) having placed an order on Messers a partnership firm/sole proprietor business/a company registered underthe Companies Act, 1956 having its office at .............. (hereinafter called "the supplier") (which expression shallinclude executors, administrators and assigns) vide order No....................... dated.............. (hereinafter called "theorder" which expression shall include any amendments/alterations to "the order" issued by "the Corporation") for thesupply 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 saidorder

b. that "the supplier" shall furnish a security for the performance of "the supplier's" obligations and/ordischarge of "the supplier's" liability in connection with the said "order"; and "the Corporation" havingagreed with "the supplier" to accept Bank Guarantee for the security deposit.

We, .................................................... Bank having office at ............................................ (hereinafter referred to as "theBank" which expression shall includes its successors and assigns) at the request and on behalf of "the supplier" herebyagree to pay to "the Corporation" without any demur on first demand an amount not exceeding Rs ...........(Rupees only) against any loss ordamage, costs, charges and expenses caused to or suffered by "the Corporation" byreason of non performance and fulfilment or for any breach on the part of "the supplier" of any of the terms andconditions 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 andconditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would besuffered or incurred by "the Corporation" on account thereof and we waive in the favour of "the Corporation" all therights 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 finaland binding on "the Bank" as to "the Bank's” liability to pay and the amount demanded and "the Bank" undertake topay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any disputeraised by "the Supplier" or any suit or other legal proceedings including arbitration pending before any court, tribunalor arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.

4. We, .................................. Bank further agree with "the Corporation" that "the Corporation" shall have the fullestliberty without our consent and without affecting in any manner our obligations hereunder to vary any of the termsand conditions of the said "order"/or to extend time of performance by "the Supplier" from time to time or to postponefor any time to time any of the powers exercisable by "the Corporation" against "the Supplier" and to forbear to enforceany of the terms and conditions relating to "the order" and we shall not be relieved from our liability by reason of anysuch variation or extension being granted to "the Supplier" or for any forbearance, act or ommission on the part of"the Corporation" or any indulgence by "the Corporation" to "the Supplier" or by any such matter or things whatsoeverwhich under the law relating to sureties would but for this provision have the effect of relieving us.

Page 188 of 218


036


5. However, it has been agreed between "the Supplier" and "the Corporation" Bank Guarantee for security deposit isValid upto a period of 3 (Three) months beyond the expiry of the defects liability period as per the terms of the OrderNo. __________ 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

i. We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee onlyand only if you serve upon us a written claim or demand on or # before the expiry of 30 daysfrom the date of expiry of this guarantee.

7. We, _______________ Bank further undertake not to revoke this guarantee during its currency except with theprevious consent of "the Corporation" in writing.

8. We, ________________Bank lastly agree that "the Bank"'s liability under this guarantee shall not be affected byany 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 theAgreement/Contract or MOU entered into between "the Supplier" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this ..................... day of ..................

For________________Bank

(by its constituted attorney)

(Signature of a person authorised to sign on behalf of "the Bank")*

Page 189 of 218


036


FORM 21

ARBITRATION CLAUSE

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

2) The appointing authority shall nominate an officer/ retired officer of Hindustan Petroleum CorporationLimited (referred to as owner or HPCL) or a retired officer of any other Government Company in the Oil Sector ofthe rank of Chief Manager & above or any retired officer of the Central Government not below the rank of a Directorto the Govt. of India, to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties. Thecontractor/vendor shall not be entitled to raise any objection to the appointment of such person as the Sole Arbitratoron the ground that the said person is/was an officer (employee) 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 contractrelates.

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

4) Such another person nominated as the Sole Arbitrator shall be entitled to proceed with the arbitration fromthe stage at which it was left by his predecessor.

5) It is expressly agreed between the parties that no person other than the Appointing Authority or a personnominated by the Appointing Authority as aforesaid, shall act as an Arbitrator. The failure on the part of theAppointing Authority to make an appointment on time shall only give rise to a right to a Contractor to get such anappointment made and not to have any other person appointed as the Sole Arbitrator.

6) The Award of the Sole Arbitrator shall be final and binding on the parties to the contract The work under theContract shall however, unless suspended by the Owner, continue during the Arbitration proceedings and no paymentdue or payable to the concerned party shall be withheld (except to the extent disputed) on account of initiation,commencement or pendency of such proceedings.

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

8) The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the parties unless theSole Arbitrator otherwise directs in his award with reasons. The lumpsum fees of the Arbitrator shall be ₹ 40,000/-per case for transportation contracts and ₹ 60,000/- for engineering contracts and if the sole arbitrator completes the arbitration including his award within 5 months of accepting his appointment, he shall be paid Rs. 10,000 addi-tionally 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, and balance 50% on completion of arguments and receipt of award by the parties.

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

Page 190 of 218


036


10) The Contract shall be governed by and constructed according to the laws in force in India. The parties herebysubmit to the exclusive jurisdiction of the Courts situated at (say Mumbai*) for all purposes. The Arbitration shall be held at a place convenient to both parties and failing an agreement, the Arbitrator shall decide the venue. The Arbitra-tion shall be conducted in English language.

11) The Appointing Authority is the Functional Director** of Hindustan Petroleum Corporation Limited.(Note:- * = Delete the bracketed portions after mentioning the correct place. )

** Procurement Authorities may mention, the proper designation whether Director-Marketing or Director-Refineries.

Page 191 of 218


036


FORM 22

DETAILS OF P.F. REGISTRATION TDS / TAN / ESIC

Bidder to furnish details of Provident Fund/TDS/Tan/ESIC Registration:

PF REGISTRATION NO. :

DISTRICT & STATE/ DETAILS :

We hereby confirm that the above PF/tds/Tan/ESIC Account is under operation presently and shall be used for allPF/TDS/Tan/ESIC related activities for the labor engaged by us in the present work (if awarded to us).

(SIGNATURE OF BIDDER)

Page 192 of 218


036


FORM 23

DETAILS OF PROPOSED HEAD OFFICE AND SITE ORGANIZATION

The bidder shall submit on a separate sheet details of Head Office and site organization proposed to be deployed forexecution of the work. Bidder shall also furnish the bio-data indicating qualification & experience of Site In charge,SHE In charge, QA/QC In charge and other key personnel to be deployed.

(Bidder to include planning engineer, quality control engineer, safety officer and store keeper/ office in proposed Plantorganization)

Bidder agrees to augment the above chart with additional number/categories, if required basis actual VS plannedprogress (by Earned Value method) and as directed by Engineer-in-Charge, to complete the work within thecompletion time schedule without any additional cost to owner.

SIGNATURE OF BIDDER :NAME OF BIDDER :COMPANY SEAL :

Page 193 of 218


036


FORM 24CHECK LIST FOR SUBMISSION OF BID

(COMMERCIAL PART)

Bidders are requested to submit the checklist duly filled-in along with original and each copy of “Unpriced bid”. Thischeck list will facilitate the bidder to ensure that the necessary data/ information as called for in the bidding documenthas been submitted by them along with their offer. This, however, does not relieve the bidder of his responsibilities tomake sure that his offer is otherwise complete in all respects:

S. No. DESCRIPTION COMPLIED/SUBMITTED

1.0 Techno-commercial part of the bid with all the details have been submitted Yes/No

2.0 Following details have been submitted in the Unpriced part:i)

ii)Covering letter

Power of Attorney in favour of the person who has signed the bid on stamppaper of appropriate value.

Yes/No

Yes/No

iii) Bid Security/ Earnest Money Deposit (EMD) as per the Proforma enclosedwith General Terms and Conditions for Works Contract.

EMD complies requirement of

Yes/No

a) Specified Bank Yes/No

b) Amount Yes/No

c) Validity Yes/No

iv)All Sections, Appendix, Annexures, Formats duly filled signed and stampedas per tender document requirement Yes/No

v) Fresh solvency certificate from your Bankers Date of Issue of this certificateshould not be earlier than one year from the due date of opening of Techno-Commercial part.

a. Certificate dateb. From (Name of Bank)

Yes/No

Yes/No

vi) Organization Details:

a. In case of a proprietorship firm, the name and address of proprietor,and certified copy of "Certificate of Registration of firm".

b. In case Bidder is a partnership firm, certified copy of the partnershipdeed.

Yes/No

Yes/No

Page 194 of 218


036


c. In case of company (whether private or public), certified copy of the`Certificate of Incorporation' together with certifiedMemorandum/Articles of Association.

Yes/No

vii) Schedule of construction in the form of Bar Chart/Pert Chart Yes/No

viii) QA/QC Program relevant to this work Yes/No

ix) HSE Program relevant to this work Yes/No

3.0 Confirm that proper page nos. have been given in sequential way in all thedocuments submitted along with your offer with Index.

Yes/No

4.0 Original copy of Bidding Document and its Addendum (if any), duly signed& stamped on each page by authorized bid signatory.

Yes/No

5.0 Price bid is submitted on-line Yes/No

6.0 Confirm that any cutting/overwriting in the "PRICE-PART" has been signedin full and stamped.

Yes/No

SIGNATURE OF BIDDER :

NAME OF BIDDER :

COMPANY SEAL :

Page 195 of 218


036


FORM 25FORMAT FOR CERTIFICATE FROM BANK

(To be provided on Bank’s letter head)NOT APPLICABLE

Date:

To,M/s. Hindustan Petroleum Corporation Limited

Dear Sir,

This is to certify that M/s ………………………………….. (name of the bidder with address) (hereinafter referred toas Customer) is an existing customer of our Bank.

The Customer has informed that they wish to bid for HPCL’s Tender no. ................................dated...……………for……………….. (Name of the supply/work/services/consultancy) and as per the terms of thesaid RFQ/Tender they have to furnish a certificate from their Bank confirming the availability of line of credit.

Accordingly M/s_____________(name of the Bank with address) confirms availability of line of credit to M/s (nameof the bidder) for at least an amount of Rs.

It is also confirmed that the net worth of the Bank is more than Rs. 100 Crores (or Equivalent USD) and theundersigned is authorized to issue this certificate.

Yours trulyfor …………………………… (Name & address of Bank)

(Authorized signatory)

Name of the signatory :

Designation :

Stamp :

Page 196 of 218


036


FORM 26AGREED TERMS AND CONDITIONS

This questionnaire duly filled shall be returned along with each copy of Un-priced bid.

Clauses confirmed hereunder should not be repeated in the bid. ALL THE COMMERCIAL TERMS ANDCONDITIONS SHOULD BE INDICATED IN THIS FORMAT ONLY. IF REQUIRED DETAILS INCLUDINGDEVIATION TO GPC, IF ANY, SHOULD BE INDICATED AS AN ANNEXURE TO THIS FORMAT.

In view of the rejection clause, will be strictly adhered to, bidders are advised to comply to the terms and conditionsof the bid document in the First Instance itself.

S.No Description Bidder’s Confirmtion1 Confirm Your Offer is in complete compliance with the scope of supplies

as specified in the Bid document2 Confirm you have quoted your prices strictly in the applicable Price

schedule format (enclosed with the Bid document) along with Unit andTotal Prices

3 INSPECTION :Confirm your quoted prices are inclusive of all testing and inspectionrequirements as specified in the bid document. However, in addition toBidder’s own inspection, goods and services will be subject to inspection(stage wise and final as specified in MR) by Owner/Owner’s Consultantfor which no extra charges shall be payable by Owner, since all travel,personal and incidental expenses of Owner’s inspectors shall be borne byOwner/owners’ consultant.

4 Confirm acceptance / compliance with the following conditions /clausesof the Bid document

(i) Confirm price basis of your offer is strictly in accordance with tenderdocuments.

(ii) Confirm You have furnished Bid security (Bank Guarantee) for therequisite amount in the required format as per terms of bid document.

(iii) Confirm that You shall furnish ContractPerformance Bank Guarantee (Performance Security) as per terms of Biddocument.

(iv) Confirm your Firm delivery period shall be strictly as per requirementspecified in the Bid Document.

(v) Confirm that Your offer will remain Valid for acceptance for a periodof 120 DAYS from the Bid due date or extended due date (if the same isextended).

(vi) Confirm that the quoted prices shall remain FIRM AND FIXED tillcomplete execution of Order

(vii) Confirm that the Force Majeure shall be as per General PurchaseConditions

Page 197 of 218


036


(viii) Confirm acceptance of Price Reduction for delay in delivery as perBid document.

(ix) Confirm total acceptance to Payment Terms as per Special Conditionsof Contract.

(x) Arbitration clause shall be as per General Terms & Conditions ofworks contract

xi) Confirm that Defect Liability period shall be as per Bid Document5 Confirm Terms related to Taxes and Duties shall be as per Provisions of

Bid document6 All correspondence must be in English Language Only7 Please confirm that you have not been banned or delisted by any

Government or Quasi Government agencies or PSUs. If you have beenbanned, then this fact must clearly be stated. This does not necessarily because for disqualification. However, if this declaration is not furnished thebid shall be rejected as non-responsive.

8 Please confirm that you have filed in, signed and attached the enclosed“Proforma of Declaration of Black Listing/Holiday Listing” along withyour Unpriced offer.

9 Owner reserves the right to make any changes in the terms and conditionsof bid document. Please Confirm

10 The Bidder is required to state whether any of the Director's Bidder is arelative of any Director of Owner or the Bidder is a firm in which anyDirector of Owner or his relative is a partner.

11 (a) Confirm acceptance in Toto of the Terms and Conditions contained inthe Bid document(i) Instructions to Bidders.(ii) Special Conditions of Contracts(ii) General conditions of Works contract(iii) All other commercial documents / attachments / Sections of the biddocument

(b) In case of reservations, confirm that clause wise comments have beenspecified as annexure to this format.

(c) All the terms and conditions have been indicated in this format(including Annexure, if any) and have been repeated in the Bid elsewhere.It is noted that terms and conditions indicated elsewhere including anyprinted terms and conditions shall not be consideredby the owner

12 Bidder shall furnish details of the Concurrent Commitment with theirschedule / expected completion dates.

13 Furnish Financial Turnover figures of last 3 years of bidder / manufacturerand or trading company (house) whichever is applicable

TURNOVER

2016-2017 (2017)

Page 198 of 218


036


2017-2018 (2018)2018-2019 (2019)

In support of above Bidder shall enclose copies of its published Annualreports of preceding 3 years. Confirm compliance.

14 There will be free issue material from Owner. Responsibility of unloadingfrom transport at site and further storage, material handling andmanagement of all free issue items shall be in composite contractor scope.

Page 199 of 218


036


FORM 27BID FORM

Date:To:(Name and address of Owner/Consultant)

Gentlemen,Having examined the Conditions of Contract and Specifications including Addenda Nos (Insert Numbers) the receiptof which is hereby duly acknowledged, we the undersigned, offer to execute work in conformity with the saidDrawings, Conditions of Contract and specifications for the same (total bid amount in words and figures) or such othersums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this bid.

We undertake if our bid is accepted, complete execution of ……………………………(Project Name) WORKContract as agreed and specified in the IFB document. If our bid is accepted we will obtain the guarantee of a Bankin a sum not exceeding (10) % of the Contract price for the due performance of the Contract.

We agree to abide by this bid for a period of 120 days from the date fixed for bid opening under Instructions to Biddersand it shall remain binding upon us and may be accepted at any time before the expiration of that period.

Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof in yournotification of award (Fax of Intent) shall constitute a binding Contract between us.

We understand that you are not bound to accept the lowest or any bid, you may receive.

Dated this Day of

Signature……………………………………

In the capacity of Duly authorized to sign bid for an on behalf ofWitness: __________________Address: __________________Signature

Note: To be submitted on company Letterhead.

Page 200 of 218


036


FORM 28

Details of Litigation (on Bidder’s letter head)

Bidder shall furnish details of litigation cases of the bidder during the last 7 years if any, in this Form.

Page 201 of 218


036


FORM 29

BANK GUARANTEE FOR SECURITY DEPOSIT(On Non-Judicial stamp paper of appropriate value)


IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED, a Government ofIndia 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 andassigns) having placed an order on Messers ............................ a partnership firm/sole proprietor business/a companyregistered under the Companies Act, 1956 having its office at .............. (hereinafter called "the supplier") (whichexpression shall include executors, administrators and assigns) vide order No....................... dated.............. (hereinaftercalled "the order" which expression shall include any amendments/alterations to "the order" issued by "theCorporation") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" havingagreed:

a. not to insist upon immediate payment of Security Deposit for the fulfilment and performance of the said orderb. 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 "thesupplier" to accept Bank Guarantee for the security deposit.

We, .................................................... Bank having office at ............................................ (hereinafter referred to as "theBank" which expression shall includes its successors and assigns) at the request and on behalf of "the supplier" herebyagree to pay to "the Corporation" without any demur on first demand an amount not exceeding ₹ ...........(Rupees.............................only) against any loss ordamage, costs, charges and expenses caused to or suffered by "theCorporation" by reason of non performance and fulfilment orfor 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 orincurred by "the Corporation" on account thereof and we waive in the favour of "the Corporation" all the rights anddefences 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 finaland binding on "the Bank" as to "the Bank's” liability to pay and the amount demanded and "the Bank"undertake topay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any disputeraised by "the Supplier" or any suit or other legal proceedings including arbitration pending before any court, tribunalor arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.

4. We, .................................. Bank further agree with "the Corporation" that "the Corporation" shall have the fullestliberty without our consent and without affecting in any manner our obligations hereunder to vary any of the termsand conditions of the said "order"/or to extend time of performance by "the Supplier" from time to time or to postponefor any time to time any of the powers exercisable by "the Corporation" against "the Supplier" and to forbear to enforceany of the terms and conditions relating to "the order" and we shall not be relieved from our liability by reason of anysuch variation or extension being granted to "the Supplier" or for any forbearance, act or ommission on the part of"the Corporation" or any indulgence by "the Corporation" to "the Supplier" or by any such matter or things whatsoeverwhich under the law relating to sureties would but for this provision have the effect of relieving us.

Page 202 of 218


036


5. However, it has been agreed between "the Supplier" and "the Corporation" Bank Guarantee for security deposit isValid upto a period of 3 (Three) months beyond the expiry of the defects liability period as per the terms of the OrderNo. _______________ 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 ifyou serve upon us a written claim or demand on or # before the expiry of 30 days from the date of expiry ofthis guarantee.

7. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except withthe previous consent of "the Corporation" in writing.

8. We, ......................................... Bank lastly agree that "the Bank"'s liability under this guarantee shall not be affectedby 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 theAgreement/Contract or MOU entered into between "the Supplier" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this ............................. day of ...........................

For ........................ Bank(by its constituted attorney)

(Signature of a person authorisedto sign on behalf of "the Bank")*

Page 203 of 218


036


FORM 30DECLARATION ON GST

(The following declarations should be typed on the letter head of the tenderer and should be duly signed by anauthorized signatory clearly stating the name and designation of the signatory)

Payment of GST and filing of GST Returns to enable Hindustan Petroleum Corporation Limited to avail Input TaxCredit (ITC) correctly

With reference to Payment of GST & filing GST Returns for availing Input Tax Credit (ITC) byHPCL 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 CorporationLimited.

2. We hereby declare that we have agreed to pay GST to the respective GST Authorities. In this connection, wehereby 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 agreeand 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 InputTax 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 thepending 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 ofGST amount by us or for any other reasons attributable to us, we hereby agree to indemnify HindustanPetroleum Corporation Limited in full against all the loss including consequences, liabilities of anykind 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 HindustanPetroleum Corporation Limited shall be at liberty to take necessary action like Holiday listing (banning of Businessdealings) 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 orc) Other unpaid invoices, if any raised by us on Hindustan Petroleum Corporation Limited

Place: SignatureName:Date: Designation:Seal.

Page 204 of 218


036


FORM 31FORMAT FOR BANK GUARANTEE IN LIEU OF LIQUIDATED DAMAGES

To:Hindustan Petroleum Corporation Limited(Address as applicable)

1N CONSIDERATION OF MESS. HINDUSTAN PETROLEUM CORPORATION LIMITED a Government ofIndia Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road,Churchgate, Mumbai — 400 020 (hereinafter called "The Corporation" which expression shall include its successorin business and assigns) agreeing to grant a provisional extension of time in respect of the contract entered into withMess. ................................................ a sole proprietorship business/ partnership firm/ a company registered under theCompanies Act, 1956 having its office at ........................................................... (hereinafter called "the Contractor",which expression shall include its executor, administrator and assigns) against Purchase Order No. .......... dated.................... (hereinafter called "the Contract " which expression shall include any amendments/ alterations to "thecontract" issued by "the Corporation") for .............................................. (state the purpose of the Contract), and theContractor having requested for extension of time without deduction of any Liquidated Damages from the bills interms of the Contract and "the Corporation" having agreed to grant provisional extension of time pending a decisionon the request for extension of time and not to insist upon immediate deduction/payment of Liquidated Damages uponreceipt of this unconditional irrevocable Bank Guarantee for an amount of ....................(Rupees ...............only).

We, ................................... Bank having our office at ..................................................... Bombay (hereinafter referredto as "the Bank" which expression shall include its successor and assigns) at the request and on behalf of "theContractor" hereby agree to pay to the Corporation without any demur and on fit demand an amount not exceeding(Rupees ...................................... only) against any loss or damage, costs, charges and expenses caused to or sufferedby or likely to be caused to or suffered by "the Corporation" by reason of the delay in performance of work or theCorporation agreeing to grant such provisional extension of time without insisting on deduction of LiquidatedDamages.

2. We, ........................................ Bank further agree that "the Corporation" shall be sole Judge whether the said"Contractor" has failed to perform or fulfill the said "Contract" in terms thereof or committed breach of any of theterms and conditions of "the purchase order/Contract" or was not entitled to any extension of time and also the extentof 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 defenses to which we as guarantorand/or "theContractor" may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by "the Corporation" as such shall be finaland binding on "the Bank" as to "the Bank" 's liability to pay the amount demanded and "the Bank" undertakes to payto "the Corporation" the amount so demanded on fit demand without further proof or conditions and without anydemur, reservation, contest, recourse or protest and without any enquiry of you or the Contractor, forthwith and infull without any deductions or set-offs or counterclaim whatsoever, the sum claimed by you in such Demand,notwithstanding any dispute raised by "the Contractor" or the pendency of any suit or other legal proceedingsincluding arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guaranteebeing absolute and unconditional. We further agree that the Corporation shall not be bound to disclose any reasonswhile demanding any amount under the Bank Guarantee.

4. We, ....................................... Bank further agree with "the Corporation" that "the Corporation" shall have the fullestliberty without our consent and without affecting in any manner our obligations hereunder, to vary any of the termsand conditions of the said "Contract"/or to extend time of performance by "the Contractor" from time to time or topostpone for any time or from time to time any of the power exercisable by "the Corporation" against "the Contractor"and to forbear to enforce any of the terms and conditions relating to "the Contract" and we shall not be relieved from

Page 205 of 218


036


our liability by reason of any such variation or extension being granted to "the Contractor" or for any forbearance, actor omission on the part of "the Corporation" or any indulgence by "the Corporation" to "the Contractor" or by anysuch matter or things whatsoever which under the law relating to sureties would, but for this provision, have the effectof relieving us. Any waive or other forbearance given or variations required under the Contract or any invalidity,unenforceability or illegality of the whole or any part of the Contract or rights of any party thereto, or amendment orother modification of the Contract or any other fact, circumstance, provision of statute or law which might, were ourliability to be secondary and not primary, entitle us to be released in whole or in part from our undertaking, shall notin any way release us from our obligations under this Guarantee. Our obligations hereunder in respect of the sum orsums demanded by the Corporation under this Guarantee are primary, independent and absolute and not by way ofsurety only. The Corporation may make an unlimited number of Demands under this Guarantee provided that theaggregate of all sums paid shall not exceed the entire Guarantee Amount.

5. Notwithstanding anything hereinbefore contained, our liability under this Guarantee is restricted to. (Rupees....................................... only). Our liability under this guarantee shall remain in force until expiration of six monthsfrom the expiry of the said "Contract". Unless a demand or claim under this guarantee is made on us in writing withinsaid period, that is, on or before .................................... all rights of "the Corporation" under the said guarantee shallbe 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 withthe previous consent of "the Corporation" in Writing.

7. We, ......................................... Bank lastly agree that "the Bank" 's liability under this guarantee shall not be affectedby any change in the constitution of "the Contractor" or its insolvency winding up, reorganization, amalgamation orliquidation (including any appointment of a receiver, administrator, administrative receiver or supervisor of theContractor or any of its assets) nor in case of any dispute or disagreement whatsoever under the Agreement. We shallindemnify you immediately on demand against any cost, loss or liability suffered by you as a result of our thisobligation being or becoming unenforceable, invalid or contrary to the laws of India (except in the case of a fraud byyou).

8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or theAgreement/Contract or MOU entered into between "the Contractor" and "the Bank" in this regard. This Guaranteeshall be governed by and construed in accordance with the laws of the Republic of India.

9. Any demand, notice or other communication given in connection with or required by this Guarantee shall be madein writing in English be delivered by hand to, or sent by pre-paid registered post, or facsimile transmission to:____________________________________________________________________________________

IN WITNESS WHEREOF the Bank has executed this document on this ..........................day of ........................

For ........................ Bank (by its constitutedattorney) Signature of a peon authorised tosign on behalf of the bank")

Page 206 of 218


036


FORM 32DECLARATION 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 whichdirector of HPCL or his relative is a partner of is any other partner of such firm or alternatively the tenderer is a privatecompany 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 abovedeclaration 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 theofficer/s of HPCL/Central/State Government.

Date:Signature--------------------Name of person signingTenderer’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 membersof Hindu undivided family or He/ she/ they are husband and wife or The one is related to the other in the mannerindicated below:

FatherMother (including step mother)Son (including step son)Son’s wifeDaughter (including step daughter)Father’s fatherMother’s motherMother’s motherMother’s fatherSon’s sonSon’s son’s wifeSon’s daughterSon’s daughter’s husbandDaughter’s husbandDaughter’s sonDaughter’s son’s wifeDaughter’s daughterDaughter’s daughter’s husbandBrother (including step brother)

Page 207 of 218

SCHEDULE OF RATESP.013702D 11038

036



CITY GAS DISTRIBUTION PROJECT


SECTION-VI

SCHEDULE OF RATES(SOR)

Page 208 of 218

29.05.2019

1 2 3 = 1 x 2 4 5 = 3 + 4 5 x 21 INSTALLATION OF CARRIER PIPE BY OPEN TRENCH METHOD

(ALL KINDS OF SOIL)

Receiving and taking-over as defined in the specifications, handling, loading, transportation and unloading of Owner supplied 3 - Layer PE coated line pipes &valves (4" & above) from Owner designated stock-yard to Contractor's own stock yards/workshops/work-sites including preliminary activities, preparation ofdrawings, wherever required for crossings etc. including handling, stacking, stringing on the pipeline Right-of-use / pipeline route alignment, carrying outinspection of company supplied materials including line pipes at the time of taking over, laying / installation of coated line pipe, associated fittings andaccessories, including executing all works, "taking over", handling, including loading and unloading, transportation of Owner supplied materials other than linepipe from Owner's designated place(s) of issue to work site, arrangement of all additional lands required for Contractor's storage, fabrication, access forconstruction, procurement and supply of all materials (except Owner supplied materials), consumables, equipment, labor and other inputs, carrying out alltemporary, ancillary, auxiliary works, ready for commissioning of pipeline as per drawings, Specifications, other provisions of Contract document andinstruction of Owner/ Owner’s Representative, including but not limited to carrying out the following works:

Surveying of Routes & detours required at the time of construction including marking the same in topographical sheet, preparation of AFC drawings showingsurvey details. And submit same to Owner/ Owner’s Representative for review.Staking and installation of construction markers, clearing, fencing, grubbing, cutting of trees, fulfilling all the requirements of various statutory / environmentauthorities to the entire satisfaction of concerned authorities, grading of work area, Shifting of all obstruction within the ROU/ pipeline route alignment vizelectrical lines/poles, telephone lines/poles, co-ordination with concerned authorities and obtain permissions from these authorities.

Trenching to all depths by excavation in all types of soils including soft/hard rock, chiseling or otherwise cutting different types of pavement, footpath, roadsetc. As required and storing excavated soil, reusable materials at designated area as directed by Owner/ Owner’s Representative and to a width to accommodatethe pipeline as per relevant standard/ specifications etc. (The minimum depth of the top of pipeline shall be 1.2 m or more from the finish of the stabilized gradelevel). Dewater of trenches if required as per site condition. Making trial pits as per instructions of EIC

Carrying out repairs of pipe defects/replacement in case of irreparable defects and repairs of defects of pipe coating not attributable to Owner including defects /damages occurring during transportation/handling.Checking, cleaning, aligning, bending, cutting and beveling (as required) of pipes for welding and field adjustments including pipe fittings, welding, carrying outnon-destructive testing of welds as required including 100% radiography and providing all requisite equipment, labor, supervision, materials, films,consumables, all facilities and personnel to process, develop, examine and interpret radiographs and other tests as required, carrying out repairs of welds jointsfound defective by Owner/ Owner’s Representative, carrying out re-radiography and other tests as required on repaired joints. Providing PE warning mat overthe pipeline etc.Carrying out installation of carrier pipe at all crossings like roads/nallas/marshy area (Laying of Concrete Coated Pipes) etc. at designated depths by open cut(except at cased crossings or crossings carried out by HDD method).Carrying out installation of carrier pipe in the casing pipe at cased crossings (excluding installation of casing pipes which is covered separately).

Supply & Installation of 10mm thick Neoprane Sheet as per standard drawing at foreign pipeline crossing, Underground EHV power cable (≥ 66 KV) crossingand HT power cable crossing locations.Coating of field weld joints, long radius bends, buried fittings & valves etc. including supply of coating materials duly approved by owner etc as perspecification.Counting the number and type of trees cut in presence of DFO/concerned authorities and keeping record thereof; stacking and handing over of all cut trees.

Installation/ lowering the pipeline in trench to required depth, supply & installation of 1.0 mm thickness HDPE yellow color warning mat over the pipeline alongthe complete route, padding around pipeline with suitable approved soil including supply of padding material, backfilling with available/ borrowed earth,approved excavated material and/ or other suitable soil by crowning. Compaction with jumping jack compactor and water at subsequent layers of 150mm or asdirected by Owner/ Owner’s Representative. All tiles / slabs/ curb stones etc. removed during excavation shall be placed properly. Roads, pavements, footpaths,etc. to be made motorable wherever pipeline is laid.

Supply and Installation of slope breakers, bank protection wherever required and as directed by Owner / Owner's Representative.Taking of DGPS cordinate of all field joints , Refrence Points with Landmarks & inform to Owner in the approved format. Cordinate shall be taken as perinstrument approved by OwnerCarrying out air cleaning, pigging, flushing, cleaning and hydrostatic testing of complete pipeline with quantity of corrosion inhibitor including pre-testing ofdesignated sections complete as per specification and approved by Owner/ Owner’s Representative to specified pressures indicated elsewhere and duration afterstabilization as per specification, providing all equipment, pumps, fittings, instruments, dead weight tester, pressure recorder, thermocouples etc., and services,supervision, labor, consumables, water including supply of corrosion inhibitor, air, etc. as required, locating of leaks and rectification of defects, re-testing afterrectification, dewatering after successful completion of hydrotesting of entire section and as approved by Owner/ Owner’s Representative.

All tie-in, including the tie-ins with adjacent section of the pipeline.Protective coating of 450 micron thick two component epoxy / polyurethane (applied with the help of minimum three coats) including supply of materials dulyapproved by owner for all piping, Valves, fittings, structural steels etc. for buried installation and inside the valve pit.Final clean - up and restoration of right -of -use and disposal of debris and surplus material to designated disposal areas and re-instating the area to its earlier stateand as directed by Owner/ Owner’s Representative.Precommissioning activities like swabbing, drying of the complete pipeline network and the associated facilities being installed to the specified acceptancecriteria as per Owner/Owner's Representative.Maintaining the completed pipelines/ installation for any defect, failures during defect liability period (i.e. 12 months from date of commissioning of Pipeline).

Ensuring proper safety as per codes & standard practices during construction, cordoning off the work area, providing warning signs, barricading and proper tools& tackles, Equipping the workers with safety boots, helmets and florescent aprons & barricading as per enclosed drawings. The barricading is to be donethroughout along the trench/ welding string.Any other activities not mentioned/ covered explicitly above, but otherwise required for satisfactory completion/ operation/ safety/ statutory/ maintenance of theworks shall also be covered under the scope of work and has to be completed by the Contractor within specified time schedule at no extra cost to owner. Thepipeline laying shall be done as per specification, code & standard & guideline by Owner/ Owner’s Representative.

Preparation of as-built drawings, pipe-books (1 set of tracing on polyester film and 3 sets of as - built drawings and 1 soft copy and 6 copies of pipe book.) Allthe works shall be executed in accordance with the provision of contract including carrying out all temporary/ancillary/ auxiliary works required of theperformance of the works and all other acts, deeds, matters and things necessary to make the pipeline ready for pipe commissioning activities.

1.1 Specified NB (inch) x Wall thickness in mm - Material of Construction

a) 4" x 6.4 mm - API 5L X 52 ( HFW / SMLS ) mtr. 34,425.00 - -b) 8" x 6.4 mm - API 5L X 52 ( HFW / SMLS ) mtr. 22,680.00 - -

Note:

TOTAL PRICE INCLUSIVE OF ALL TAXES INCLUDINGBOCW TAX & GST, DUTIES, LEVIES,FREIGHT,

INSURANCE INCLUDING TRANSIT INSURANCE OFFREE ISSUE MATERIALS AS DEFINED IN BID

DOCUMENT(2) X (5)

Item No. DESCRIPTION UNIT UNIT RATE WITHOUTGST

SCHEDULE OF RATES (SOR)FOR

LAYING OF COATED LINE PIPES FOR CGD PROJECTSHPCL E-Tender No.: 19000174-HD-10157

Tractebel Tender No.: P.013702 D11031 036

GST ON UNIT RATE(COL. 3) UNIT RATE WITH GSTQUANTITY

Rev. A Laying of 3 LPE Coated Carbon Steel Pipelines in Sonipat Jind Page 1 of 10

Page 209 of 218

29.05.2019

1 2 3 = 1 x 2 4 5 = 3 + 4 5 x 2



DOCUMENT(2) X (5)






1. This item shall be applicable for the pipeline, fittings, accessories, valves etc. between existing / proposed underground tap off points from existing steel maingrid to I.J. for U/G portion.2. For restoration of asphalt / concrete roads, the item for construction of asphalted top/concrete top/red stone etc. shall be paid separately as per SOR no. 20 &213. Supply of Long Radius bends ( R = 3 D) is in the Contractor scope. It shall be paid seprately as per SOR no. 26. Installation of the bend shall be paid as perSOR item no 1.14. Concrete sheathing of carrier pipe shall be paid seprately.5. Liasioning shall be carried out by the contractor in the ineterest of completion of work. However, No extra payment shall be made.

1.2 EXTRA FOR LAYING / INSTALLATION OF PE PIPELINE ALONG WITH CARBON STEEL PIPELINE WITHIN SAME TRENCH(OPEN CUT)Extra for laying MDPE Pipe including trenching to all depths/width by excavation in all types of soils including soft and different type ofpavement / footpath / roads etc. including rock breaking, chiselling or otherwise cutting etc. as required and storing excavated soil, reusablematerials at designated area as directed by Engineer in charge and to a width/depth to accommodate the pipeline, Carbon Steel & MDPE Pipe(125 mm/ 90 mm PE 80/100 Pipe) as per the relevant drawing/standard/ specification etc.

Work involved in laying of MDPE pipeline shall be as follows : " Receiving and taking over " as defined in the specification , handling , loading ,transportation and unloading of Owner supplied MDPE pipe of 125 & 90 mm dia from designated place (s) of issue / dump site (s) tocontractor's own stock -yard (s) / work shop (s) / work site (s) including proper storing , stacking , identification , providing security &insurance cover , stringing / uncoiling on the pipeline right of use , laying / installation of MDPE line pipe and contractor supplied associatedfittings and accesories i.e. bends , couplers , End caps , Tee , PE reducer , CS to PE fittings , Valves saddle tappings , warning mat etc.,including executing of all works , arrangement of all additional land required for contractor's storage , fabrication , access for construction ,supply of all materials ( except Owner supplied materials ), consumables , labour and other incidental works and handing over the samesurplus materials to the Owner's designated stockyard (s)

Uncoiling /stringing of pipes , clamping , jointing of pipe ends /fittings /valves by qualified personnel using approved techniques as perspecifications.

Lowering the MDPE pipeline in same trench wherein carbon steel pipe has been laid ( as per scope given in SOR item no.1 above ) andpadding done to the thickness as indicated in the specification and enclosed cross sectional drawing , providing required depth/width ofpadding in trench bed & above and around the pipeline.

Installation and electrofusion jointing of valves wherever required and as directed by engineer in charge.

Cleaning , flushing , pneumatic testing , purging with nitrogen as per specification and approved procedures providing all tools and tackles ,nitrogen , instruments , manpower and related accessories and as per the instructions of the EIC.

Any other activities not mentioned/ covered explicitly above, but otherwise required for satisfactory completion/ operation/ safety/ statutory/maintenance of the works shall also be covered under the scope of work and has to be completed by the Contractor within specified timeschedule at no extra cost to owner.

a)125 mm OD (MDPE Pipe)

mtr. 4,512.00 - -

b)90 mm OD (MDPE Pipe)

mtr. 4,512.00 - -

Notes: -1. Supply of MDPE Fittings, Valves Shall be in the contractor scope. No Extra charges shall be paid for supply. It shall be included in the SORitem no. 1.2 a) & b).2. The above rate of SOR item no. 1.2 a) & b) is extra for MDPE, Over and above the laying rates of carbon steel pipeline as per relevent SORItems i.e. 1.1 (a & b).

2 EXCAVATION - HARD ROCK

a) Excavation of hard rock, wherever hard rock of single piece exceeding 1.5m in any direction and removable only by pneumatic chisel / drill /rock-breaker. The rates are payable over and above the laying rates as per relevent SOR Items i.e. 1.1 (a & b, ). m³ 38.00 - -

3 SOFT SOIL / SAND FILLING (ROCK AREA)a) Pre Padding pipeline in trench 150 mm & 200 mm Post Padding using Soft Soil/Sand filling as directed by the EIC; m³ 12.00 - -

4 Supply & Installation of Casing pipe for Main Carrier Pipeline

Supply & Installation of Casing pipe (Carbon steel) by augur boring & Jacking method / Moling / HDD for crossings in all types of soils andterrain, including laying of 2 nos. HDPE telecom duct & all associated works which includes supply of Casing Pipe of material IS 3589 FE410/ API 5L Gr. B or equivalent, all other materials, equipment, consumables, manpower, welding of steel casing and jointing of HDPE telecomduct including visual inspection of all weld joints/ HDPE joints, backfilling and restoration as original of the facilities crossed and performing allworks as per drawings, specifications and instructions of Owner/ Owner's Representative and provisions of contract document. Submission ofas built drawings..

a) 10 " NB Carbon steel casing pipe ( Augur boring & Jacking Method / Moling / HDD ) mtr. 425.00 - -b) 14 " NB Carbon steel casing pipe ( Augur boring & Jacking Method / Moling / HDD ) mtr. 280.00 - -c) 24 " NB Carbon steel casing pipe ( Augur boring & Jacking Method / Moling / HDD ) mtr. 24.00 - -d) 30" NB Carbon steel casing pipe ( Augur boring & Jacking Method / Moling / HDD) mtr. 24.00 - -

Note: 1. Payment shall be based on the actual length of cased crossings.2. Casing end seals, casing insulators, vent & drain connections are provided by contractor.3. Above rates for this SOR No. 4 for steel pipeline is not inclusive of carrier pipe string preparation (welding, NDT, pretesting, field jointscoating with special type heat shrinkable sleeves ( Direx ), Hydrotesting (Pre & Post), precommissioning etc) and repair of pipeline coating ofcarrier pipe string till the string ready for pulling. These works shall be paid as per SOR item no.1.


Page 210 of 218

29.05.2019

1 2 3 = 1 x 2 4 5 = 3 + 4 5 x 2



DOCUMENT(2) X (5)






5 Supply & Installation of Casing pipe for HDPE Telecom Duct /MDPE Pipeline - (BY TRENCHLESS Method)

Supply & Installation of Casing pipe (Carbon steel) by trenchless method (Augur boring & Jacking Method / Moling / HDD ) for crossings inall types of soils and terrain which includes supply of Casing Pipe of material IS 3589 FE 410/ API 5L Gr. B or equivalent, all other materials,equipment, consumables, manpower, welding of steel casing and visual inspection of all weld joints, backfilling and restoration as original ofthe facilities crossed and performing all works as per drawings, specifications and instructions of Owner/ Owner's Representative andprovisions of contract document. Submission of as built drawings.

a) 4" NB (114.3 OD) mtr. 586.00 - -b) 6" NB (168.3 OD) mtr. 282.00 - -c) 8" NB (210.1 OD) mtr. 282.00 - -

Note: 1. Payment shall be based on the actual length of crossings.2. Above rates for this SOR item no 5, is not inclusive of laying / instertion of MDPE Pipeline & HDPE Telecom Duct.MDPE Pipeline works shall be paid as per SOR item no.1.2 a) & b) excluding laying rates of carbon steel pipeline.HDPE Telecom duct shall be paid as per SOR item no. 24.1

6 INSTALLATION OF CARRIER PIPE (CARBON STEEL) BY TRENCHLESS METHOD WITHOUT CASING PIPEReceiving and taking-over as defined in the specifications, handling, loading, transportation and unloading of Owner supplied 3 - Layer PEcoated line pipes from Owner designated stock-yard to Contractor's own stock yards/workshops/work-sites including preliminary activities,carrying out inspection of owner supplied materials ( 3LPE coated line pipe ) at the time of taking over and supply of all materials ( except3LPE coated line pipe ) consumables, equipment, labor and other inputs, carrying out all temporary, ancillary, auxiliary works, as perdrawings, Specifications, other provisions of Contract document and instruction of Owner/ Owner’s Representative, including but not limitedto carrying out the following works:Site Preparation, welding, radiography, coating field joints with special type heat shrinkable sleeves ( Direx ) pretesting of completed carrierpipe and making the string and welding of entry & exit point of HDD/boring with mainpipeline.Pre installation hydrotesting including leaks detection and repair of defects and retesting etc. for defects attributed to contractor's faulty workHydrotesting with mainpipeline and precommissioning activities like swabbing, drying to the specified criteria as per owner/ownersrepresentative.Purging with nitrogen and Commissioning of complete pipeline network including supply of all equipment, machinery, consumables, tools andtackles, manpower, etc., as per specification, provisions of bid document and instructions of Owner/Owner’s Representative.Final dossier all notes & calculations as required in the specification.Preparation of as-built drawings, pipe-books (1 set of tracing on polyester film and 6 sets of as - built drawings and 1 soft copy and 3 copies ofpipe book.)

Installation of Crossings of carrier pipes by HDD / moling for Rail, Road, Nala and Canal crossings etc wherever required in all types of soilsand terrain except Hard Rock, including laying of 2 nos. HDPE telecom duct in case of HDD & 1 no. HDPE telecom duct in case of moling & allassociated works supply of all other materials, equipment, consumables, manpower, jointing of HDPE Telecom Duct including visual inspectionof all weld Joints/HDPE Joints, backfilling and restoration as original of the facility crossed and performing all works as per drawings,specifications and instructions of Owner/ Owner's Representative and provisions of contract document.

Any other activities not mentioned/ covered explicitly above, but otherwise required for satisfactory completion/ operation/ safety/ statutory/maintenance of the works shall also be covered under the scope of work and has to be completed by the Contractor within specified timeschedule at no extra cost to owner. It shall be done as per specification, code & standard and guideline by Owner/ Owner’s Representative.

a) Installation of 8" NB PE Coated Steel pipe without any casing by HDD mtr. 4,648.00 - -b) Installation of 4" NB PE Coated Steel pipe without any casing by HDD mtr. 7,055.00 - -c) Installation of 8" NB PE Coated Steel pipe without any casing by Moiling mtr. 560.00 - -d) Installation of 4" NB PE Coated Steel pipe without any casing by Moiling mtr. 850.00 - -

Note:1. Payment shall be based on the actual length (. Length between tie-in joints) of pipeline laid by HDD / Manual Moiling. Exact location of tie-in shall be approved by Owner/ Owner's Representative.2. Above Rate for SOR item no. 6 for steel pipeline laying is inclusive of carrier pipe string preparation (welding, NDT, pretesting, Coating fieldjoints with special heat shrinkable sleeves (direx), Post Hydrotesting,precommissioning etc.)3. The length of HDD/moling mentioned is tentative and may vary to the considerable extent depending upon requirements as per siteconditions and shall be decided by Engineer-in-Charge.4. Payment for the length of final tie-in carrier pipeline string with mainline laid by HDD/moling are inclusive in this above item rate. Noseparate payment shall be made under other clauses mentioned elsewhere.5 Contractor shall be responsible for damage free pulling off HDPE duct. If required, Contractor may also provide steel casing for safe pullingoff HDPE duct without any extra cost.

7 INSTALLATION OF CARRIER PIPE (MDPE Pipeline) BY TRENCHLESS METHOD WITHOUT CASING PIPE

Survey of the under ground utilities, submission of profile for approval, execution of the work as per the standard procedure attached,including excavation of the pits, Jointing and insertion of the carrier pipe, subsequent backfilling, compaction, submission of as built graphs asper attached specification and the instruction of EIC / Site Engineer of Owner.

a) Installation of 125 mm OD MDPE Pipe without any casing by HDD mtr. 564.00 - -b) Installation of 90 mm OD MDPE Pipe without any casing by HDD mtr. 564.00 - -c) Installation of 125 mm OD MDPE Pipe without any casing by Moiling mtr. 282.00 - -d) Installation of 90 mm OD MDPE Pipe without any casing by Moiling mtr. 282.00 - -

Notes:

1. Payment shall be based on the actual length of HDD / Manual Moling.2.Rate for SOR item no.7 for MDPE pipeline is inclusive for uncoiling /stringing of pipes , clamping , jointing of the pipe ends / fittings ,Cleaning , flushing , pneumatic testing, nitrogen purging & Comissioning of pipeline as per the instructions of the EIC.


Page 211 of 218

29.05.2019

1 2 3 = 1 x 2 4 5 = 3 + 4 5 x 2



DOCUMENT(2) X (5)






8 INSTALLATION OF CARRIER PIPE BY HDD METHOD WITHOUT CASING PIPE.(HARD ROCK DRILLING USING DIAMOND CUTTER )Installation of carrier pipes by rock drilling for footpath, nala, along the road, road and canal crossings or wherever required in all types of hardrock. It includes survey of the underground utilities, submission of profile for approval, execution of the work as per the standard procedure,including , excavation of the pits, insertion/pulling of the carrier pipe, removal of malba, subsequent backfilling and restoration of the facilitycrossed as per original condition, including supply of all other materials, equipment, consumables, manpower etc including string preparationof pipes, welding, welding repair, radiography, coating of field joints with special type of Heat Shrink Sleeve (Direx) and repair of pipelinecoating with special repair patch materials as per Specification, pre-testing etc. of complete string made for crossing/ laying access forContractor etc. and execution of, but not limited to, following works in accordance with specifications and instruction of Engineer-in-Chargeand as per all provision of Contract Document. Balance activities as defined in SOR Item 1 & 5 above

a) Installation of 8" NB PE Coated Steel pipeline mtr. 112.00 - -b) Installation of 4" NB PE Coated Steel pipeline mtr. 170.00 - -

Note:1. The length of HDD mentioned is tentative and may vary to the considerable extent depending upon requirements as per site conditions. Thelength mentioned in SOR is indicative for all the crossing to be done by HDD, numbers and locations shall be decided by Engineer-in-Chargedepending upon site condition.2. Payment for the length of final tie-in carrier pipeline string with mainline laid by HDD are inclusive in this above item rate. No separatepayment shall be made under other clauses mentioned elsewhere.3.Payment shall be based on the actual length (i.e. length between tie-in joints) of pipeline laid by HDD. Exact location of tie-in shall beapproved by Owner/ Owner's representative.4. Above Rate for SOR item no. 8 for steel pipeline laying is inclusive of carrier pipe string preparation (Welding, NDT, Pretesting, Coating,Hydrotesting, Precommissioning etc. ).5. This item shall be executed as per specific instruction of Engineer-In-Charge after confirmation of soil/bore log data.

9 SUPPLY AND INSTALLATION OF ROCK SHEILDSupplying & providing aaproved type of extruded polyethylene mesh (rock shield) on mainline pipe to protect the coating against rocky soilincluding supply of all inputs such as labour, materials, consumables etc. necessary to perform and complete the work in all respects inaccordance with the specifications, manufacturer's recommendation and instruction of Site Engineer / Eingineer-In- Charge.

Rock shield shall provide external pipe protection from backfill rock damage and/or abrasion damage during pipe operation of the exteriorcoating; minimum thickness of 11mm, flexible PVC (polyvinyl chloride), strand extruded rock shield pads. The rock shield shall be extrudedfrom an elastomeric plastic material of which the basic resin is prime virgin polyvinyl chloride. The PVC compound shall not contain anyscrapped, reclaimed or recycled material whatsoever. Minimum weight of rock shield should be 0 .825 lbs/square foot. Rock shield is to beconstructed of randomly extruded strands of elastomeric PVC plastic and must be bi-directional. This means that it should sufficiently protectthe pipe regardless which side of the rockshield faces the pipe. The color of the rockshield shall be yellow to provide higher visibility to thirdparty excavators.

a) 4" NB mtr. 100.00 - -b) 8" NB mtr. 100.00 - -

Note:A. Rock shield pads shall be affixed to pipe utilizing non-metallic bands of filament tape.B. Spacing of non-metallic banding shall not exceed 80 cm on center.C. Rock shield shall completely encircle the pipe with a minimum overlap of 10 cm. Overlap shall be located at the bottom radius (6 o’clockposition).D. Back-fill should be “shaded” into the trench during back-fill procedure. Do not dump back-fill directly on protected pipe.E. Follow manufacturers recommendations.

10 Installation of SV stationsAll works for installation of all underground & above ground piping at all elevations and below ground at all depth for Sectionalizing ValveStation as per P & ID & GAD in all type of terrains and soils including "Receiving and taking over" as defined in the specifications, handling,loading, transportation and unloading of all Owner supplied materials i.e. extended stem, butt welded, sectionalizing ball valve, other types ofvalves, line pipes for mainline from Owner's designated place(s) of issue to work site, Supply of pipes, fittings & valves for piping of size 2"dia & below , supply of all consumables, materials, manpower and carrying out all mechanical works of underground and above groundpiping including fabrication, welding, non-destructive testing of welds, weld repairs/ retesting, cleaning/ flushing, pre-hydrotesting &hydrostatic testing, dewatering, functional testing, cutting of mainline and beveling (if required), tie-in of valve assembly, including radiographyof tie-in joints, corrosion, coating and external painting as required.Installation of instruments like pressure/ temperature instruments/ gauges, provision for tubing to the actuator in future, obtaining allstatutory clearances, approvals and permissions for the works (wherever required).Excavation in all types of soil including soft / hard / rocky surfaces, providing 200 mm thk PCC for valve base support, backfilling andcompaction with approved soil for installation of pipes and fittings, etc including sand padding all around the valves in SV station, pipe supportsand fencing would be paid against separate SOR s ), painting, finishing, clean-up and restoration of site; preparation of as-built drawings,documents and project records and performing all works as per drawings, specifications, other provisions of Contract document andinstructions of Engineer-in-charge.

10.1 SV station without vent arrangement

a) 4" NB Nos. 7.00 - -

b) 8" NB Nos. 5.00 - -

10.2 SV station with vent arrangementa) 4" NB Nos. 7.00 - -

b) 8" NB Nos. 5.00 - -


Page 212 of 218

29.05.2019

1 2 3 = 1 x 2 4 5 = 3 + 4 5 x 2



DOCUMENT(2) X (5)






Note:i) This work is exclusive of all works associated with main pipeline covered under Sl. No. 1 above.ii) All civil / structural works including area fencing and gate, pipe supports, valve chamber will be paid separately as per unit rate providedelsewhere in the SORs.iii). 4" and above (fittings & flanges etc. ), material supply is also in the contractor scope. It shall be be paid separately under SOR item no.26 on actual basis.

11 Complete works for Tap-off PointsWorks at Future ConnectionsComplete works of design, engineering, installation of all piping, valves, fittings at all depths inside the pit in all types of terrains and soilsincluding transportation, handling of Owner supplied material from Owner's designated issue point(s) to work site, supply of Contractor'ssupplied materials to work site(s), all mechanical works including fabrication, welding, non destructive testing of welds, weld repairs/ retesting,cleaning/ flushing, pre-hydrotesting & hydrostatic testing, dewatering, functional testing, cutting of mainline and beveling (if required), tie-in ofvalve assembly, including radiography of tie-in joints, corrosion, coating and external painting as required.All civil works including excavation of pit, piping supports including all PCC and RCC works for pedestals with insert plates as required,construction of valve chamber including with supply of all material and finishing, clean up and restoration of site, filling and grading of areaaround valve station for avoiding any local flooding of area and as per specification and instructions of Owner/Owner's representative.Preparation of as-built drawings, documents and project records and performing all works as per drawings, specifications, other provisions ofContract document and instructions of Engineer-in-charge.

Note :i) Bolts, nuts, washer, U-clamps, gaskets etc. required for piping facilities shall be procured and supplied by the contractor with in the ratequoted.a) 8" x 8" Nos. 1.00 - -

b) 8 x 4" Nos. 4.00 - -c) 4" x 4" Nos. 4.00 - -

Note : -1. Making of valve pit for Tap-off points, pipe supports and fencing would be paid against separate SOR items.2. 4" and above (fittings & flanges etc. ), material supply is also in the contractor scope. It shall be be paid seperately under SOR item no. 26 on actual basis.

12 PURGING & INERTISATION OF PIPELINE-INCLUDING SUPPLY OF NITROGEN

a) Purging and inertisation of pipeline section between the two isolation valves with nitrogen to make the pipeline section free from oxygenincluding supply of required quantity of nitrogen and all equipments, tools and tackles, manpower etc. required for the works and as perinstruction of engineer in charge. Complete with necessary regulator, hoses, pressure guage, connections with tools and tackles. Submissionof purging plan for approval before actual work and complete assistance for purging.By filling and pressurizing with nitrogen upto a pressure of 2 bar(g).

a.i 8" NB mtr. 28,000.00 - -a.ii 4" NB mtr. 42,500.00 - -b) Supply & Filling of additional nitrogen through labelled, tested, and certified cylinders of 7cum, complete with necessary regulator, hoses,

connections with tools and tackles instruction of EIC.Payment shall be made on number of nitrogen cylenders used on actual basis.

Nos. 20.00 - -

Note :- Contractor shall be responsible for maintaing the pressure up to 2 bar(g) till commissioning. However, Additional nitrogen filling shallbe paid as per SOR item no 12 b) for maintaing the presurre up to 2 barg on actual basis.

13 Pipeline laying / installation of above ground pipeline(Wherever required at CNG/DRS/MRS stations and consumer ends etc.)

13.1 Welding of pipes with Pipes/fittings/Valves : -

Receiving and taking over of all free issue materials from company’s designated place of issue, handling including lifting, transportation fromOwners and / or contractors storage point to work site / workshop as applicable for fabrication or / and to work site for field fabrication anderection for all piping items supplied by COMPANY / CONTRACTOR.

Fabrication including cutting, edge preparation, inclusive of grinding the edges of pipes, fittings, etc. to match with grinding the edges ofpipes, fittings etc. to match with the matching edges of uneven / different thickness wherever required fit - up bending, preheating whereverrequired, welding etc. pipe fittings like elbows, tees, reducers, weldolets, sockolets, etc. vent and drain point connection etc. includingproviding stub - in connection, fabricated fittings and reinforcement pads etc. as required. Carrying out Non-destructive testing as perspecification & instruction of EIC.

a) 8" NB Nos. 2.00 - -b) 6" NB Nos. 2.00 - -c) 4" NB Nos. 167.00 - -d) 2" NB Nos. 128.00 - -e) 1.5" NB Nos. 20.00 - -f) 1" NB Nos. 20.00 - -g) 0.75" NB Nos. 20.00 - -

Note:1. Welding Joints under above SOR item are for Above Ground Piping only;2. The above SOR item shall be carried out only when instructed by Engineer In charge;3. These rates shall be applied only when permitted by Engineer In charge.4. Assorted pipes of all rating/thickness types, pipe fittings,flanges,valve blinds etc,as required.5. All materials of size below 4" shall be in contractor's scope.6. 4" and above (fittings & flanges etc ), material supply is also in the contractor scope. It shall be be paid seperately under SOR item no. 26on actual basis.

13.2 Welding of pipes with FlangesReceiving and taking over of all free issue materials from company’s designated place of issue, handling including lifting, transportation fromOwners and / or contractors storage point to work site / workshop as applicable for fabrication or / and to work site for field fabrication anderection for all piping items supplied by COMPANY / CONTRACTOR.


Page 213 of 218

29.05.2019

1 2 3 = 1 x 2 4 5 = 3 + 4 5 x 2



DOCUMENT(2) X (5)






Fabrication including cutting, edge preparation, inclusive of grinding the edges of pipes, flanges etcto match with the matching edges ofuneven / different thickness, preheating wherever required, welding etc. including supply and fixing of all types of gaskets (including gasketsfor RTJ flanges), bolts and nuts for all sizes. Carrying out Non-destructive testing as per specification & instruction of EIC.

a) 8" NB Nos. 4.00 - -b) 6" NB Nos. 2.00 - -c) 4" NB Nos. 72.00 - -d) 2" NB Nos. 55.00 - -e) 1.5" NB Nos. 9.00 - -f) 1" NB Nos. 9.00 - -g) 0.75" NB Nos. 9.00 - -

Note:1. Welding Joints under above SOR item are for Above Ground Piping only;2. The above SOR item shall be carried out only when instructed by Engineer In charge;3. These rates shall be applied only when permitted by Engineer In charge.4. Assorted pipes of all rating/thickness types, pipe fittings,flanges,valve blinds etc,as required.5. All materials of size below 4" shall be in contractor's scope.6. 4" and above (fittings & flanges etc), material supply is also in the contractor scope. It shall be be paid seperately under SOR item no. 26on actual basis.

13.3 Erection & Testing:Complete work of erection, painting, testing and making ready for further commissioning / start - up carbon steel piping and fittings of all sizesand ratings including supply & installation of, all fittings like elbow, tees, reducers, swages, weldolet, sockolets, nipples, flanges, blind flanges,spectacle blind flanges, valves, pipes of sizes 2” NB & below and of all ratings including supply of all consumables, equipment, manpower andother resources and execution of but not limited to the following works in accordance with relevant specifications, drawings, scope of work andinstruction of Owner/ Owner's Representative and as per all provisions of the contract document.Erection of pipes of all types and thickness over sleepers, overhead on rack and at all elevations, connecting with equipment nozzle, aligningand installation for all types of valves, all online instruments and fittings of all sizes of elbow, reducers, tees, flanges blind flange, spectacleblind flanges, branch connection / tapping, vents and drains, required for process and hydro testing, tapping for pressure gauges thermowellssample connections, etc.Painting of entire system (including all pipes and accessories) as per specification, including supply of approved paints and primers, preparationof surface and application of primer and paint, identification lettering/numbering, color coding, etc. as specified including rub down & touch upof shop primer or scrapping of shop primer wherever required by COMPANY and providing scaffolding for all heights etc. Cleaning and flushingby water /compressed air, testing of the system including hydrostatic, pneumatic and any other type of testing as specified, draining, drying bycompressed air / other methods approved by COMPANY.Cleaning and flushing by water/ compressed air, testing of the system including hydrostatic, pneumatic and any other type of testing asspecified, draining, drying by compressed air/ other methods as approved by Owner.Completion of all such work in all respect as per scope of work and as per drawings specifications and instructions of the COMPANY andkeeping in the system ready in all respects for further commissioning and start up.Hooking up with other system piping at battery limit.

Preparation of isometric, fabrication drgs. Bill of materials as per specifications, drawings and instruction of Owner/Owner’s Representative

Diametera) 8" NB mtr. 10.00 - -b) 6" NB mtr. 10.00 - -c) 4" NB mtr. 20.00 - -d) 2" NB (Including supply of pipe, fittings, flanges, valves and other items required). mtr. 126.00 - -e) 1.5" NB (Including supply of pipe, fittings, flanges, valves and other items required). mtr. 14.00 - -f) 1" NB (Including supply of pipe, fittings, flanges, valves and other items required). mtr. 14.00 - -g) 0.75" NB (Including supply of pipe, fittings, flanges, valves and other items required). mtr. 14.00 - -

Note:1. Bolts, nuts, washer, U-clamps, gaskets etc. required for piping facilities shall be procured and supplied by the contractor within the ratequoted. These items shall not be separately measured and paid.2. All materials of size below 4" shall be in contractor's scope.3. 4" and above (fittings & flanges etc ), material supply is also in the contractor scope. It shall be be paid seperately under SOR item no. 26on actual basis.

13.4 Supply & installation of SS pressure gauge ( make - as per recommended vendor list ) as per data sheet attached in thetendersupply of SS pressure gauges as per data sheet and enclosed drawing and installation of pressure guages and their accessories inclusive ofsupply of necessary piping materials and tubings alongwith all necessary valves and fittings, fabrication and installation of impulse lines /

a. Providing & installation of SS pressure gauge ( make - as per recommended vendor list ) as per data sheet attached in the tender Nos. 19.00 - -

14 Pipe supports & structuresSupply, fabrication and erection of all types of pipe supports of MS material like clamps , saddle , guide stops , cradles ,turn buckles, anchors ,T-posts ; stockade / trestle and pipe bridge for overhead piping; frames for canopy , approach ladders and platforms , crossover , cable traysupports etc. including painting suitable for highly corrosive area as per specification labor and supervision & complete work as perspecifications and instruction of Engineer in charge ( Bolts , nuts , washers , U - clamps etc. for supporting shall be supplied by the contractorwithin the rates quoted . These items will not be measured and paid separately ) this work is to be complete in all respect as per scope ofwork.

M. Ton 2.00 - -

15 Structural works ( Fencing & Gate)

a.i Supply and erection of single leaf mild steel gate 2.5 m high with mesh up to 2m height and barbed wire fencing of 0.5 m height and 2 m widecomplete in all respect including painting as per specification on all MS items , all works as per specification and drawings including foundationsand RCC.

No. 2.00 - -

a.ii Supply and erection of double leaf mild steel gate 2.5 m high with mesh up to 2m height and barbed wire fencing 0.5 m height and 4 m widecomplete in all respect including painting as per TS on all MS items , all works as per specification and drawings including foundations andRCC.

No. 2.00 - -


Page 214 of 218

29.05.2019

1 2 3 = 1 x 2 4 5 = 3 + 4 5 x 2



DOCUMENT(2) X (5)






b Supply of all materials , fabrication and erection of chain link fencing 2.5 m high with mesh up to 2m height and barbed wire fencing completein all respect including painting as per TS on all MS items , all works as per specification and drawings including foundations and RCC. RM 10.00 - -

NOTE :- Rate include cost of all labor, tools , tackles, equipment , hire charges , supply of all materials such as minimum 43 grade cementincluding sulphate resistant cement for sub structures , R/F steel, inserts , bolts , conduits , bitumen , other minor construction materials ,shuttering, stinging, earthwork in excavation and backfilling using serviceable earth in all conditions , shorting bailing and pumping out water ,testing of concrete , curing etc. with all bye works and sundry works.

16 Permanent MarkersPermanent Markers supply, fabrication and installation of all types of permanent markers along the route including all associated civil workssuch as excavation in all types of soil, construction in all types of soil, construction of pedestals and grouting with concrete, clearing, supplyand application of approved color and quality of primer and paint ( powder coated ), stencil letter cutting for numbers, direction, chainage etc.,restoration of area to original condition and performing all works as per drawing, specification and instruction of Owner/Owner’sRepresentative.

a) RCC route marker Nos. 987.00 - -b) Warning sign with Post & foundations as per drawing. It shall be powder coated only & before installing take approval from the EIC. Nos. 424.00 - -

17 Leak / Burst (Attributable to Company)

All works for locating leak / burst in Company’s supplied material only (occurred during hydro-static testing) including necessaryrepairing/replacing defective pipe lengths including cutting out and removing the defective pipe, pre-testing and welding of replacement pipeNDT of welds, repair and retesting of defective welds, coating/painting of coating / painting of replacement pipe, pretesting the replacementpipe into mainline/branch line, coating/painting of welding joints, cleanup, testing including cost of all labor materials, consumables andperforming all works in accordance with the provisions of the Contract document and as directed by Owner/Owner's Representative

a) 4" NB Nos. 1.00 - -

b) 8" NB Nos. 1.00 - -

Note: This rate is applicable for rectification of manufacturing defects in Company supplied material only.

18 CONTINUOUS CONCRETE COATING (FOR CS PIPES)Supply of all consumables, materials and application of 50 / 70 mm thk. continuous concrete weight coating of minimum density 2245 kg/m3 ofminimum grade M-20 for below specified Line Pipe size and field joints thereof in all areas of work wherever required as per site condition andperforming all works as per specification on the line pipe for following sizes :-

a) Specified NB 4" x 6.4 mm W.T. x 50 mm Concrete Coating mtr. 50.00 - -b) Specified NB 8" x 6.4 mm W.T. x 50 mm Concrete Coating mtr. 50.00 - -

19 Construction of RCC / Brick valve chamberAll civil works including supply of all material, excavation of pit, piping & valve supports including all PCC and RCC/ Brick works for valves pit,pedestals with insert plates as required sealing of pipe at valve pits, providing cover etc and finishing, clean up and restoration of site, fillingand grading of area around the valve station to avoid any local flooding of area, as per specification enclosed and instruction of Engineer-in-Charge.

a Brick ChamberSize - 2 m x 1.5 m Nos. 2.00 - -

b RCC Chamber -Type BSize - 2 m x 1.5 m Nos. 7.00 - -

c RCC ChamberSize - 2 m x 2 m Nos. 12.00 - -

d RCC ChamberSize - 2.5 m x 2 m Nos. 12.00 - -

20 RESTORATION OF ROADS

Restoration of asphalt / concrete / red stone roads / pavement/ pavor block including compaction of soil, to original condition as perrequirement and to the entire satisfaction of EIC and / or concerned Owners having jurisdiction for following thickness.

a Restoration of Asphalt road upto 15 cm thickness Sq. meter 677.00 - -b Restoration of Asphalt road beyond 15 cm upto 20 cm thickness Sq. meter 170.00 - -c Restoration of RCC Concrete road upto 15 cm thickness Sq. meter 846.00 - -d Restoration of red stone road / footpath / pavement upto 4 inch thickness Sq. meter 339.00 - -

21 PCCa Providing and laying PCC (1:2:4) as per technical specifications & instruction of Engineer in charge. (Aggregate size 20 mm down) m3 21.00 - -b Providing and laying PCC (1:4:8) as per technical specifications & instruction of Engineer in charge. (Aggregate size 40 mm down) m3 7.00 - -

22 RCC

a Providing and Laying reinforced cement concrete of grade M -25 with 20 mm and down grade crushed stone aggregate in all types ofstructures like foundations , pedestals etc. at all depths & heights including excavation shaffolding, shuttering, reinforcement steel (FE 500D),all labour, materials, tools & tackles etc as per the instruction of Engineer in charge.

m3 10.00 - -

23 Temporary Cathodic Protection:


Page 215 of 218

29.05.2019

1 2 3 = 1 x 2 4 5 = 3 + 4 5 x 2



DOCUMENT(2) X (5)






Design, Detailed Engineering, Survey, Supply, Installation, Testing and commissioning & Monitoring of the temporary cathodic protection [TCP]system using galvanic anodes to protect the external surface of the entire steel grid network from, against soil-side corrosion for minimum 2year or till commissioning of permanent CP system whichever is later. All work shall be carried out conforming to the Scope of work, DesignBasis, Data Sheets, specification, standard and approved vendor list and provisions of GCC, SCC including Technicalspecifications,OWNER/CONSULTANT approved survey report/design package, including all materials, equipments, consumables, startup/commissioning spares etc. complete in all respects including transportation, storage of materials at site, manpower, in line with direction of

23.1.1 Design & detail engineering of TCP system including design basis , data sheet, standards & specifications based on soil resistivity, Soil Ionic &Microbial Loading, Interfering elements surveys measured from pipeline ROW. Nos. 1.00 - -

23.1.2 Soil Resistivity (At every 1000 meter), Soil Ionic & Microbial Loading (At every 5 Km and wherever Soil variation) and Interfering elementssurveys from pipeline ROW. Km 71.00 - -

23.2 Supply, installation, Testing & Commissioning of Test lead Points (TLP) including weather proof Test Lead Box as specified in specification withbacklite strip, bolt terminals, 4” dia heavy duty pipe at top end to fit the test lead box and base plate welded at the bottom including MS bendfor concrete Base, Bend, Cables, pipe to cable connection, Epoxy Encapsulation & Miscellaneous such as connectors, Excavation and backfillingtrenches for cable laying & Pin Brazing etc. complete in all respects. The work shall include supply & fixing of a non corrosive name platecontaining the details like KM location, identification, TLP No, Direction of flow, connection scheme, type etc., on the side of Top box includingthe cost of all labour, materials, tools & tackles etc.cables shall be annealed high conductivity, tinned, stranded copper conductor, XLPE insulated, 650/1100 V grade, PVC sheathed or as perspecification.23.2.1 Type A for Potential Measurement with minimum two cables including 1Cx06 Sq.mm & 1Cx10 Sq.mm armoured Potential measurement cables,pin brazing connection encapsulation kit etc., Nos. 42.00 - -

23.2.2 Type A1 for Current Measurement with minimum four cables including 1Cx06 Sq.mm & 1Cx10 Sq.mm armoured Potential measurementcables, pin brazing connection encapsulation kit etc., Nos. 9.00 - -

23.2.3 Type B for Galvanic Anode to Pipe Connection with minimum two cables including 1Cx06 Sq.mm & 1Cx10 Sq.mm Potential measurement cable& 1Cx10 Sq.mm armoured galvanic anode connection, pin brazing connection encapsulation kit etc. Nos. 9.00 - -

23.2.4 Type C for foreign Pipeline Crossing with minimum four cables including 1Cx06 Sq.mm & 1Cx10 Sq.mm armoured Potential measurementcables & 1Cx25 Sq.mm armoured Bonding Connection, pin brazing connection encapsulation kit etc., Nos. 9.00 - -

23.2.5 Type D for Cased Crossing with minimum four cables including two cables of 1Cx06 Sq.mm Potential measurement cable & two cables of1Cx10 Sq.mm armoured anode connection, pin brazing connection encapsulation kit etc., Nos. 9.00 - -

23.2.6 Type E for Grounding Cell with minimum four cables including two cables of 1Cx06 Sq.mm armoured Potential measurement cables & twocables of 1Cx25 Sq.mm armoured galvanic anode connection, pin brazing connection encapsulation kit etc., Nos. 20.00 - -

23.2.7 Type H for HT Line Crossing with minimum two cables including 1Cx06 Sq.mm armoured Potential measurement cables & 1Cx25 Sq.mmarmoured galvanic anode connection, pin brazing connection encapsulation kit etc., Nos. 3.00 - -

23.2.8 Supply & Installation of Test station HT Line Crossing with minimum two cables including 1Cx06 Sq.mm armoured Potential measurementcables & 1Cx25 Sq.mm armoured galvanic anode connection, pin brazing connection encapsulation kit etc.,to accomodate 5 KA polarizationcell,including terminal plate,lock,connection diagram, plates, cable termination, lugs, etc complete in all respect including labour, tools, tackles,consumables like bolts ,nut, washer etc. as per drawing, specification shall be mounted on existing foundation and direction of Owner .

Nos. 13.00 - -

23.3.1 Supply &Installation of 05 KA Polarization cell. It should be utilized in vandal proof areas for passage of induced voltage on the pipeline in thevicinity of AC transmission lines to earth during normal as well as fault conditions. It shall maintain the isolation between Zn anode andpipeline so that CP current shall not be consumed by Zn anode. Polarization cell shall be installed in vandal proof areas in a IP-55 enclosure.Contractor to supply polarization cell with enclosure and necessary material required for making connection arrangement between polarizationcell and Zn anode inside enclosure as per requirements of polarization cell manufaturer.

Nos. 7.00 - -

23.3.2 Supply &Installation of 25 KA Polarization cell. It should be utilized in vandal proof areas for passage of induced voltage on the pipeline in thevicinity of AC transmission lines to earth during normal as well as fault conditions. It shall maintain the isolation between Zn anode andpipeline so that CP current shall not be consumed by Zn anode. Polarization cell shall be installed in vandal proof areas in a IP-55 enclosure.Contractor to supply polarization cell with enclosure and necessary material required for making connection arrangement between polarizationcell and Zn anode inside enclosure as per requirements of polarization cell manufaturer.

Nos. 3.00 - -

23.4 Supply & Installation of pre-packed Mg Anode (7.6 Kg) with one cable including 1Cx10 Sq.mm Unarmoured cable (with sufficent length) &encapsulation kit for cable connection termination of Anode tail cable in the TLP etc. complete in all respects as per direction of Engineer-In-Charge.

Nos. 71.00 - -

23.5 Supply & Installation of Surge Diverter for HT line Crossing as per tender specs/drawings complete in all respects as per direction of Engineer-In-Charge including the cost of all labour, materials, tools and tackles etc. Nos. 3.00 - -

23.6 Supply & Installation of pre-packed Zinc Anode (40 years design life / Min. 22 Kg) for HT Line crossing with one cable including 1Cx25 Sq.mmarmoured cable (with sufficent length), encapsulation kit termination of Anode tail cable in the TLP etc.,. Nos. 26.00 - -

23.7 Supply & Installation of Spark Gap Arrester for Insulating Joint complete in all respects as per direction of Engineer-In-Charge including thecost of all labour, materials, tools and tackles etc. Nos. 20.00 - -

23.8 Supply & Installation of Zinc Grounding Cell of 20 Kg each for IJ with two cables including 1Cx25 Sq.mm armoured cable (with sufficentlength), encapsulation kit termination of Anode tail cable in the TLP etc., Nos. 3.00 - -

23.9 Supply & Installation of cables – Annealed high conductivity, tinned, stranded copper conductor, XLPE insulated, 650/1100 V grade, PVCsheathed or as per specification and Miscellaneous such as termination, tagging, excavating the trench for cable laying, backfilling, etc.,including the cost of all labour, materials, tools and tackles etc.. (This unit rates shall be applicable only for any additional work on existing /forthe same system)

#REF!

23.9.1 1C x 6 Sq.mm armoured - Potential Measurement & reference cell cable. M 3,420.00 - -23.9.2 1C x 10 Sq.mm unarmoured – Anode Tail Cable. M 1,775.00 - -23.9.3 1C x 10 Sq.mm armoured – Current Measurement M 1,710.00 - -23.9.4 1C x 25 Sq.mm armoured – Bonding / Grounding Cell M 2,300.00 - -23.10 MONITORING TEST STATION FOR PSP

23.10.1 Monitoring of health of installed TCP including measurement of pipe to soil potential (PSP) reading on monthly basis. The scope of workinclude collection / measurement of parameters of test stations of PCP and TCP sections and IJ, submission of reports to Owner & PMC asdetailed in technical specifications and rectification/repair of defects/abnormalties to keep the system in healthy position complete in allrespects as per direction of Engineer-In-Charge.

per month 1.00 - -

Notes for TCP items


Page 216 of 218

29.05.2019

1 2 3 = 1 x 2 4 5 = 3 + 4 5 x 2



DOCUMENT(2) X (5)






1. Any other material & activities not mentioned/covered above, but otherwise required for satisfactory completion/safety of work as definedin tender has to be supplied / done by contractor within quoted price. No extra payment shall be made. 2. The above quantities are tentative and may vary during detailed engineering considerably depending upon site condition, methodologyadopted as per site requirement with due approval of Owner / Consultant.3. The quantity may vary during execution stage and payment shall be made based on the work for the actual quantity executed.

24 TELECOMMUNICATION SITE WORK (as per scope of work and Standard Specification of Bid documents)

24.1 Laying of HDPE Telecom Duct as per specification : - Laying of single 40mm OD, 6kg/cm2 permanently lubricated HDPE ducts, insame pipeline trench direct buried or tied along with steel at all crossings ( cased or uncased), in all type of soil & terrain, excavation asrequired, including cleaning and sealing of ducts at the end of laid drum lengths, preparation & Supply of Cable Blowing Pit including sand,jointing of HDPE conduit, supply of all type of fitting for HDPE telecom duct laying, Testing of HDPE Duct and accessories after laying,preparation of report and final drawing & documents as per specification, joint location marking , erection accessories (suitable for min 8kg/cm2 pressure rating) ,all complete as per specifications provided in the bid document & as per direction of consultant. (This duct is forfuture requirement for total length of pipeline as per spec. and drawing ). HDPE duct is to be tied at 2 o-clock position to carrier pipe withstring at regular intervals and held with Galvanized clamps or suitable material as decided by client / consultant.

mtr. 70,500.00 - -

24.2 Blowing of Optical Fiber Cable : - All activities pertaining to blowing of optical fiber cable in self lubricated HDPE Telecom duct (aftertesting of drum at site) ,through CS/ HDPE conduits at crossing, cable sealing, padding, backfilling etc. using all materials required, etc. allcomplete as per specifications and drawing provided in the bid document & as per direction of consultant.

mtr. 70,500.00 - -

24.3 Supply and installation of jointing pits, including sand, etc. all complete as per spec., drawing provided in the bid document and the direction ofclient / consultant. Nos. 18.00 - -

24.4 Jointing/ splicing of optical fiber cable ( 24 Fibers ) including supply and installation of joint markers (RF id Disk type), etc., testing allcompleted as per specifications & drawing provided in the bid document and direction of consultant.

Nos. 18.00 - -

24.5 Supply & installation of optical splice closer as per specifications & drawing provided in the bid document and direction of client / consultant Nos. 18.00 - -24.6 Supply & installation of Fiber termination cabinet as per specifications & drawing provided in the bid document and direction of client /

consultantNos. 7.00 - -

24.7 Supply of Electronic marker locator cum cable/pipe locator , fault locator as per tender specifications. Nos. 1.00 - -24.8 Supply & Installation of wall mounted fiber termination box (FMS) as per tender specifications. set 7.00 - -24.9 Supply & Installation of Transition pit as per tender specifications. Nos. 23.00 - -

25 BORE LOGThe soil investigation includes boring, collection of disturbed samples from bore holes and visual engineering classification of soil along thepipeline route and submission of detailed report to Company. Visual classification of soil shall be in accordance with IS-1498; :IS Classificationand Identification of Soils for General Engineering Purposes” Geotechnical investigation of soil shall be carried out as per relevant clauses of IS1892 and other applicable IS standards

Except for crossing location as defined below, the boring shall be carried out upto 10 m depth below NGL or 01 m. below the rock bed, if rockis encountered at a depth of less than 10 m.

In case of boring at Highways (National/State), River and Railways crossings, the boring shall either terminated at a depth of 15 m below NGLor 01 m. below the rock bed on top of bed rock, if rock is encountered at a depth less than 15 m.

Results of soil investigation survey shall be submitted in the form of report covering minimum the followings:

Visual engineering classification of soils encountered along the pipeline route in bore log form. Depth of Ground Water Table (GWT) below NGLshall also be mentioned if encountered.

Soil profiles along the pipeline route shall also be prepared and attached with the report.

Regions along the pipeline route where hard rock is present and special excavation techniques like blasting, etc. needs to be adopted forexcavation of pipeline trench shall be clearly indicated in the report.Test shall be carried out at approved laboratory.Summary of results obtained from tests and their interpretation to evaluate soil parameters.Visual engineering classification of soils obtained from bore holes shall be shown in Alignment sheets also whenever preparation of Alignmentsheets are in SURVEYOR’S scope of work.”

Nos. 10.00 - -

26 Supply of major items as per specification enclosed in tender

26.1 Supply of Long Radius bends (R = 3D), Rating 300 #

26.1.1 8" NB , Material : API 5L X 52 / ASTM A 860 WPHY 52, min. thk. 6.4 mm

a) 15 Degree Nos. 28.00 - -b) 22.5 Degree Nos. 28.00 - -c) 30 Degree Nos. 28.00 - -d) 45 Degree Nos. 224.00 - -e) 90 Degree Nos. 28.00 - -

26.1.2 4" NB, Material : API 5L X 52 / ASTM A 860 WPHY 52, min. thk. 6.4 mm

a) 15 Degree Nos. 43.00 - -b) 22.5 Degree Nos. 43.00 - -c) 30 Degree Nos. 43.00 - -d) 45 Degree Nos. 340.00 - -e) 90 Degree Nos. 57.00 - -

26.2 Supply of Equal Tee , Rating 300 #

a) 8" x 8" , Material : API 5L X 52 / ASTM A 860 WPHY 52, min. thk. 6.4 mm x 6.4 mm Nos. 1.00 - -


Page 217 of 218

29.05.2019

1 2 3 = 1 x 2 4 5 = 3 + 4 5 x 2



DOCUMENT(2) X (5)






b) 4" x 4" , Material : API 5L X 52 / ASTM A 860 WPHY 52, min. thk. 6.4 mm x 6.4 mm Nos. 4.00 - -26.3 Supply of Reducing Tee, Rating 300 #

a) 8" x 4" , Material : API 5L X 52 / ASTM A 860 WPHY 52, min. thk. 6.4 mm x 6.4 mm Nos. 4.00 - -b) 4" x 2" , Material : API 5L X 52 / ASTM A 860 WPHY 52, min. thk. 6.4 mm x 6.4 mm Nos. 7.00 - -

26.4 Flanges (WNRF), Rating 300 #

a) 8" (Material : ASTM A 694 F 52) Nos. 12.00 - -b) 6" (Material : ASTM A 694 F 52) Nos. 2.00 - -c) 4" (Material : ASTM A 694 F 52) Nos. 30.00 - -

26.5 Blind Flanges (RF), Rating 300 #

a) 8" (Material : ASTM A 694 F 52) Nos. 2.00 - -b) 6" (Material : ASTM A 694 F 52) Nos. 2.00 - -c) 4" (Material : ASTM A 694 F 52) Nos. 10.00 - -

26.6 Insulating Joints as per tender specs, Rating 300 #

a) 8" Nos. 2.00 - -b) 4" Nos. 7.00 - -

26.7 Supply of permanently-lubricated HDPE pipe of 40 mm OD with minimum pressure rating of 6 kg/cm2 and wall thickness of3.5 mm, along with duct accessories such as couplers, end caps, end sealing plugs etc. as per specifications. mtr. 70,500.00 - -

26.8 Supply of OFC Cable (24 Fibers) as per tender specs.mtr. 70,500.00 - -

TOTAL (In Figure) -Notes:

1

2

3

4

5

6

7 The SOR shall be read along with the relevant clauses of Laying of CS Pipelines provided in the tender documents.

The SOR items would be operable as per job requirement, and quantities may vary on +/- sides. Including the SOR Line item where the qty is mentioned zero. Bidder is required to execute all the SOR Line items (including zero quantity line items) as per site conditions.

The general activities related to laying of Coated CS Pipelines shall be as defined in tender document.

The scope as mentioned in the above SOR is of indicative nature only and shall include all activities as detailed in the relevant clauses of the specifications.

Any other material & activities not mentioned/covered above but otherwise required for satisfactory completion /safety of work as defined in tender has to be supplied / done by contractor within specified schedule at no extra cost to owner.

Prices quoted in column shall be all inclusive of all taxes / duties (including GST) and nothing extra shall be payable by the Owner except for statutory variation in GST.

The above quantities are tentative and may vary considerably depending upon site condition, methodology adopted as per site requirement with due approval of Owner / Consultant.


Page 218 of 218

At the helm of the Energy Transition, Tractebel provides a full range of engineering and advisory servicesthroughout the life cycle of its clients’ projects, including design and project management. As one of the world’sleading engineering and advisory companies and with more than 150 years of experience, it's our mission toactively shape the world of tomorrow. With about 5,000 experts and presence in more than 70 countries, we areable to offer our customers multidisciplinary solutions in energy, water and urban.

TRACTEBEL ENGINEERING PVT. LTD.Intec House 37Institutional Area, Sector 44122 002 - Gurgaon - INDIAtractebel-engie.com

Chandan Kumar SINGHtel. +91 124 471 2260fax + 91 124 469 [email protected]