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					TENDERERS DOWNLOADING THIS DOCUMENT HAS TO
SUBMIT Rs. 500/- BY DEMAND DRAFT (NON
REFUNDABLE) FAVOURING HINDUSTAN PETROLEUM
CORPORATION LTD. PAYABLE AT KOLKATA ALONG
WITH THEIR OFFER TOWARDS VALUE OF THE TENDER
DOCUMENT

 TENDER FOR TRANSPORTATION OF
     PACKED LPG CYLINDERS
   EX- JAMSHEDPUR LPG PLANT

    TENDER NO. : EZ-LPG/09-10/008
          DATED: 05.03.10


       UN PRICE BID
 CLOSING ON 25.03.10 AT 16.00 HRS.



 HINDUSTAN PETROLEUM CORPORATION LTD.
 OFFICE OF THE LPG SBU HEAD – EAST ZONE
         INDUSTRY HOUSE, 7TH FLOOR
    10, CAMAC STREET, KOLKATA- 700 017
       HINDUSTAN PETROLEUM CORPORATION LTD
              (A Govt. Of India Enterprise)
                                    TENDER NOTICE

SUBJECT: TENDER FOR LPG CYLINDER TRANSPORTATION CONTRACT EX-
         JAMSHEDPUR LPG BOTTLING PLANT

TENDER NO. : EZ-LPG/09-10/008                                  DATED: 05.03.10

CLOSING ON :     25.03.10 at 16:00 hrs

1. Sealed Tenders are invited from person(s) / company / partnership firm / co-operative
society LPG

Distributor of HPCL for award of LPG cylinder transportation contract for a period of two
years with an option for extension by one more year at the sole discretion of HPCL.

2. TENDER DOCUMENTS: Tender documents will be available at the following addresses
against written request from intending Bidders from 05.03.10 to 24.03.10 on any working
day from Monday to Friday 10.00 hours to 16.000 hours on payment of Rs. 500/- by
Demand Draft (non refundable) favouring Hindustan Petroleum Corporation Ltd., payable at
KOLKATA. The tender document is non transferable & only the original purchaser of the
tender documents should submit the offer. Where parties are requesting tender documents
by post, HPCL is not responsible for delay due to any reasons including postal delays in
receiving the party‟s request as well as receipt of these documents by the party.

        Office of the LPG SBU EZ      Jamshedpur LPG Regional Office
        Hindustan Petroleum           Hindustan Petroleum Corporation Ltd.
        Corporation Ltd.              Adityapur Industrial Area
        Industry House(7th Floor)     P.O. Gamaharia- 832 108
        10,Camac Street,              Dist. Singbhum,
        Kolkata-700017                Jharkhand

3. EARNEST MONEY DEPOSIT:
      All bidders have to submit interest free EMD at the rate of Rs. 10,000/- (Rupees Ten
      Thousands Only) per offered truck in the from of Demand Draft drawn on any
      Scheduled Bank (other than co-operative bank) in favour of Hindustan Petroleum
      Corporation Limited payable at Kolkata.

4. SUBMISSION OF TENDER: Tenderers are required to submit their offer in three parts
namely “EMD”, “UNPRICED” & “PRICED” Bid. Each part shall be submitted in separate
envelopes marked as “EMD”, “UNPRICED” & “PRICED” as applicable. All the three
envelopes duly sealed, are to be kept in the large “COMMON ENVELOPE”. Common
Envelope should be super scribed with Tender No., Tender Date and Tender Due Date and
the same duly sealed is to be dropped in the Tender Box kept at the following address
before the expiry of the due date and time.

                   Hindustan Petroleum Corporation Ltd
                   Office of the LPG SBU – Head (EZ)
                   7TH Floor, Industry House, 10 Camac Street ,
                   Kolkata – 700 017



                                            1             SEAL & SIGNATURE OF BIDDER
Tender should be submitted before the due date and time i.e., 25.03.10 at 16:00 hrs.
Tenders without EMD or not dropped in the specified Tender Box before the closing date &
time, or tenders received after the closing date and time, due to any reasons, will not be
considered. Conditional and / or incomplete tenders are liable for rejection.

5. TENDER OPENING:.

ON THE DUE DATE IN FRONT OF THE ATTENDING TENDERERS THE EMD
ENVELOPE WILL BE OPENED FIRST AND UNPRICED BID OF ONLY THOSE
TENDERERS WHO HAS SUBMITTED THE REQUISITE EMD WILL BE OPENED. IN
CASE THE REQUISITE EMD IS NOT SUBMITTED THE OFFER OF THOSE TENDERERS
INCLUDING UNPRICE BID WILL NOT BE OPENED AND THEIR OFFER WILL STAND AS
REJECTED.

Tenders will be opened in the presence of attending tenderers at 16.30 Hours on the due
date (25.03.10). The rates quoted in the tender will remain valid for 180 days from the
Closing date unless otherwise extended by mutual consent. The Corporation reserves the
right to accept or reject any or all the Tenders in part or in totality, or negotiate with any or all
the Tenderers, or to withdraw/modify this Tender without assigning any reason what so ever,
or to accept some or all the Trucks offered. Submission of bids against this tender, or
issuance of Work Order against this tender will be without prejudice to any existing Packed
LPG transportation contract/s between the concerned bidders and the Corporation.

PRICE BID OF ONLY TECHNICALLY QUALIFIED PARTIES WILL BE OPENED.

6. RESERVATION: As per present Govt. guidelines, there is a reservation of 15 % and
7.5 % for Schedule Castes & Schedule Tribes candidates respectively subject to
fulfilling all the Terms and Condition of the Tender. Transporters eligible under such
categories should clearly indicate the same and should necessarily attach a certificate
issued by the competent authorities.




                                                           Sr.Manager Engg. & Purchase
                                                           LPG SBU – EZ




                                                 2               SEAL & SIGNATURE OF BIDDER
                            GENERAL TERMS & CONDITION
1.          Offers against this tender are invited from:

 a)          Individuals who are Indian citizens and who have attained the age of maturity,
b)           Registered Partnership firm consisting of all Indian citizens,
c)           Registered Co-operative Society of which all the members are Indian citizens,
       d)    Limited company duly registered under the companies Act 1956 either in
             individual name or in the name of partnership firm or in the name of Co-operative
             society or limited company as the case may be, provided they comply with the
             conditions contained hereinafter.

2.          All the Bidders should offer at least One truck which should be registered in the
            name of the firm/ proprietor.

3.          For the purpose of this tender, trucks will be deemed to be owned by the bidder
            as per following rule:

i)          When the proprietor of the bidding firm is the registered owner of the truck, the truck
            will be considered as owned truck.
ii)         When the bidder is an individual and the offered truck is registered in the name of
            same individual and/or in the name of spouse/son/daughter or parent, such truck will
            be considered as owned truck. However, in the event the truck is registered in the
            name of bidder‟s spouse/son/daughter or parent, the concerned bidder should submit
            the following documents,

            a) In case of owner of truck being bidder‟s spouse, marriage certificate to be
               enclosed.
            b) In case of owner of truck being bidder‟s parent, birth certificate of bidder showing
               the name of concerned parent to be enclosed.
            c) In case of owner of truck being bidder‟s son/daughter, birth certificate of
               son/daughter showing the name of bidder to be enclosed.
            d) The concerned owner of the truck should submit affidavit on Rs. 20/- Non
               Judicial Stamp Paper as per proforma attached confirming their agreement in
               offering their trucks.

iii)         In case of Registered Partnership Firms, the truck quoted in the tender should be
            registered either in the name of the Firm or any one of the Partners of the Firm. In the
            event, the truck is registered in the name of a partner then such partner should submit
            affidavit for operating truck in the name of firm. The tenderer should submit copy of
            Registered Partnership Deed along with the unpriced bid. The concerned partner
            should submit affidavit on Rs. 20/- Non Judicial Stamp Paper as per proforma
            attached.

iv)         When the bidder is a Registered company and the offered truck is registered in the
            name of the company, such truck will be considered as owned truck.




                                                    3             SEAL & SIGNATURE OF BIDDER
v)       When the bidder is a Registered co-operative society and the offered truck is
         registered in the name of the same society, such truck will be considered as owned
         truck.

vi)      In case the tender is submitted by tenderer who is an LPG distributor of HPCL,
         he/she/they should submit their tender for transportation under the same name and
         style as operative for their distributorship.

4.       No truck will be offered under this tender which:

a)     Is presently in the contract with any public sector oil company for a period beyond the
       Commencement date of contract of this tender.
b)     Has been offered to any public sector oil company for their acceptance and the said
       offer is still open for acceptance at the time of submission of this tender.
c)     Has been black listed or suspended by any public sector oil company.
d)     Is more than 12 years old as on 01.06.10.

5.       EARNEST MONEY DEPOSIT (EMD):-

All bidders have to submit interest free EMD at the rate of Rs. 10,000/- (Rupees ten
thousands only) per truck in the form of Demand Draft drawn on any Scheduled Bank (other
than co-operative bank) in favour of Hindustan Petroleum Corporation Limited payable at
Kolkata.

Tenders received without proper Earnest Money Deposit will be rejected.

EMD is to be submitted in separate envelope.

6.       EMD will be forfeited if the bidder :

      a) modifies/withdraws the offer during the validity period of 180 days from the due date
         of tender.
      b) refuses to sign the formal contract after acceptance of their tender by the corporation.
      c) does not furnish the requisite security deposit within 15 days of issuance of letter of
      d) intent/ confirmation of award of contract.
      e) if the successful tenderer is unable to produce the truck/s as per the details submitted by
         them in the tender, EMD for the number of truck/s which they could not produce shall be
         forfeited.

7.       EMD would be refunded only after finalisation of the tender. In case of successful
         tenderer/s, the EMD would be refunded only after completion of all the formalities i.e.
         signing of contract and submission of requisite Security Deposit. For unsuccessful
         tenderers EMD would be refunded after the tendering process is over.

8.       SECURITY DEPOSIT/ BANK GUARANTEE:

      a) Successful tenderers who have taken Carrier‟s Legal Liability Insurance (CLLI)Policy for the
         cargo will be required to furnish SD at the rate of Rs;30,000/- (Rs:Thirty thousand only) per
         truck subject to a maximum of Rs;3.0 lakhs ( Rs: Three Lakhs only) per contract. In case of
         HPCL dealers/distributors who have taken CLLI Policy, the SD will be at the rate of
         Rs:10,000/- per truck subject to a maximum of Rs:1.0 Lakh (Rs: One Lakh only).



                                                   4              SEAL & SIGNATURE OF BIDDER
      b) In case if the successful tenderer desires not to take the CLLI Policy for the cargo, the
         transporter would be permitted to submit SD for an amount of Rs:3.0 lakhs per contract. For
         HPCL distributors, who desire not to take CLLI Policy for the cargo, the SD will be Rs:2.0
         lakhs per contract.
      c) The SD can be paid either by way of Bank Guarantee (BG) or by way of a Demand Draft. In
         case of BG, the same shall be kept valid for 6 months more than the expiry date of the
         contract.
      d) It shall be lawful for the Corporation to adjust the Security Deposit amount against all pending
         or future dues and also to appropriate the entire deposit or any part thereof against losses,
         damages, cost charges or expenses arising out of contractor‟s failure or negligence to
         observe any terms and conditions of this contract. This is without prejudice to other remedies
         available to the Corporation.

9.       Agreement & Integrity Pact: Agreement (as per Attachment I) & Integrity Pact (as
         per Attachment II) duly signed by the authorized official of HPCL and the Contractor,
         will form part of this contract/ supply order.

         Proforma of Agreement (ATTACHMENT I) & Integrity Pact (ATTACHMENT II) shall
         be returned by the bidder along with the 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 Integrity Pact 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 provisions under the Integrity Pact, HPCL shall be entitled to
         demand and recover from bidder Liquidated damages amount by forfeiting 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 terminate the contract according to provisions of Integrity Pact,
         HPCL shall be entitled to demand and recover from the Contractor liquidated
         damages amount by forfeiting the Performance Bank Guarantee/ Security Deposit as
         per Integrity Pact.

10.      Tenderers are to submit following information supported by photocopies of
         documents. The original of such documents will have to be produced on demand at
         any stage of the tendering process or after award of contract as per direction of the
         corporation.

             a) Proof of financial standing/ IBA reference, if any.
             b) Latest Income-Tax Clearance Certificate if any.
             c) Trading license or Company Registration Certificate if any.
             d) Registered Partnership Deed or Certificate of Incorporation if any.
             e) Audited Balance Sheet of the tenderer (Firm) for last two years.
             f) Registration Certificate/s and Certificate/s of fitness.
             g) Valid Insurance Policy for the Trucks offered.
             h) Certificate of Registration under PF and ESI Acts.
             i) Caste certificate (for those desirous of availing the SC/ST reservation) issued
                by Competent Authority as per format.
             j) Affidavit for attached trucks as per format.
             k) Marriage Certificate / Birth Certificate as applicable.



                                                     5              SEAL & SIGNATURE OF BIDDER
      Note:
      1. Only those trucks will be considered for which details as sought in (vi), (vii),
      (x) and (xi) above, if applicable, are received along with the Un price Bid.

      2. All Documents as mentioned above are to be submitted along with the Un
      price Bid in the original offer and no further clarification or submission of
      document after opening of the Un price Bid shall be allowed unless otherwise
      allowed by HPCL at it‟s sole discretion and such offer of trucks with out the
      supporting documents as mentioned above will not be considered and shall be
      rejected.

11.   The tenderer will provide only those trucks to HPCL which he has offered in the
      original tender for its verification within 15 days of issuance of Letter of Intent/letter
      confirming award of contract or with in such extended period as may be permitted by
      HPCL at its sole discretion for utilization of the same for transportation of LPG
      cylinders as and when required by HPCL and will execute „LPG Cylinder
      Transportation Contract agreement „ in the prescribed format, draft of which is
      attached with the tender document (Un price Bid) .

12.   HPCL will be at liberty to follow any guidelines issued by the ministry of Petroleum &
      Natural gas, Government of India for award of any contract to any tenderer belonging
      to the Scheduled Caste and Scheduled Tribe category. At present following rules
      will apply:

      The provision of reservation will be 15% (Fifteen Percent) and 7 ½% (Seven and
      a half percent) for Scheduled Castes and Scheduled Tribes respectively, for
      each sector.

NOTES :
    (i)       The SC/ST tenderer/s desirous of operating under registered partnership firm,
              or Private Ltd. Co., or Public Ltd. Co. or a registered Cooperative Society, or
              any other, should have all the partners or members of private / Public /
              Cooperative firms belonging to the same category without exception, i.e.
              either SC or ST as the case may be.
      (ii)    Caste certificate for each individual member of a registered Partnership /
              Public / Private / registered cooperative Firm should be enclosed as proof
              along with the Credential bid.
      (iii)   In the event of any of the members failing to submit the caste certificate as
              proof of belonging to SC/ST category, the tender will be treated as a General
              Category tender.
      (iv)    The registered owner/s of the trucks offered by the SC or, ST tenderer/s must
              also belong to the same category, either SC or ST, as the case may be. In
              other words, if the tenderer is issued work order under SC category all the
              registered owners of the trucks offered against the particular work order must
              also belong to SC.
      (v)     If any of the trucks offered do not belong to a member of the category
              concerned, i.e. SC or ST, as the case may be, then that truck will not be
              considered.




                                              6              SEAL & SIGNATURE OF BIDDER
           a) The SC/ST members should fulfill all tender conditions and will not be eligible
              for any price preference.
           b) If adequate member of SC/ST candidates are not available in any particular
              tender, the unfilled quota may be allotted to the unreserved categories in the
              year. However, the unfilled quota may be carried forward to the next tender
              also and offered to SC/ST candidates. If the quota of their previous tender is
              not filled even in the next tender, the quota of the previous tender may be de-
              reserved and allotted to general categories.
13.    Rate Escalation and de-escalation clause mentioned in the „LPG Cylinder
       Transportation Contract Agreement, copy of which is attached with the tender
       document (Un price Bid), will be applicable from the tender due date and time of the
       tender. However, financial evaluation/negotiation etc. will be based on the quoted rate
       of the tender. For example, if there is an increase in Diesel price in between the
       tender due date and date of negotiation, the tenderer will not consider the impact of
       fuel price hike while reducing the rate after negotiation. Also, the corporation will
       consider the post negotiated rate as the revised rate as quoted on the original due
       date of the tender. Thus, if accepted, the rate so accepted will be escalated/de-
       escalated as the case may be, considering all changes that might take place after the
       original due date and time of the tender. However, the above will be applicable only
       for change in fuel price and not for change in other products.

14.    Contractor will be entrusted with transportation work only after all the formalities, viz.
       Signing of Agreement and submission of security deposit etc. are completed.
       Contract will be valid for a period of two years w.e.f 01.06.10 or the date as will be
       specified in the Letter of Intent with an option of renewal for one more year.

15.    The rates asked in the Price Bid are for 14.2-kg cylinders only. In case of 5 kg., 19 kg,
       35.0 Kg & 47.5 kg. Cylinders, the applicable rates will be 0.35 times, 1.33 times, 2.33
       and 3.34 times of the rates for 14.2 kg cylinders respectively both for domestic and
       industrial cylinders (Counter offers / conditions on this point or any other point is
       not acceptable).

16.    One way rate will be 65% of the round trip (RTKM) rates. (Counter offers /
       conditions on this point or any other point are not acceptable.)

 17.   The rates asked in the tender is the composite transportation rate inclusive of
       loading and unloading both at the Filling Plant and at destination and stacking / de
       stacking of cylinders at the destination / dealer‟s premises.

 18.   Each truck must have a crew consisting of a driver, cleaner and a minimum 4 loading
       / unloading men. No arrangement between dealer and transporter for
       unloading/loading at destinations will be permitted. Each truck should be suitable to
       carry 150/300/450 no. of 14.2 kg. LPG Cylinders (full load). Rate shall be same
       irrespective of capacity of truck.

 19.   Over and above the terms mentioned herein, the terms and conditions mentioned in
       the draft „LPG Cylinder Transportation Contract Agreement‟ annexed with the tender
       document will be deemed to have been included under these terms and conditions.




                                               7              SEAL & SIGNATURE OF BIDDER
20.   The tender document consists of two booklets. One booklet is titled as
      UNPRICED BID and the other booklet is titled as PRICE BID. Both these booklets
      shall be duly filled in all respect, (overwriting to be avoided and corrections, if any, to
      be initialed by the tenderer), duly signed and stamped on all pages. Both these
      booklets shall be put in separate envelopes and sealed separately super scribing
      priced and un priced respectively. Finally both these sealed envelopes and the EMD
      envelope shall be put in the large common envelope super scribing the tender
      number, due date and dropped in the designated tender box kept in the following
      address.

                    Hindustan Petroleum Corporation Ltd
                    Office of the LPG SBU – Head (EZ)
                    7TH Floor, Industry House, 10 Camac Street
                    Kolkata – 700 017

21.   All the enclosed tender documents along with the covering letter will form part of the
      Tender.

22.   Tenderers shall return the completed sets duly signed and stamped at the end of
      each page in token of having read, understood and accepted the terms and
      conditions of the tender.

23.   It shall be understood that every endeavor has been made to avoid errors which can
      materially affect the basis of the tender and the successful Tenderer shall take upon
      himself and provide for risk of any error which may subsequently be discovered and
      shall make no subsequent claim on account thereof.

24.   Tenderers shall submit their offers without any deviations or counter conditions.
      Offers received with deviations / counter conditions shall be summarily
      rejected and no further correspondences on this issue by the tenderer will be
      entertained. Tenderer‟s signature on the documents is considered as total
      acceptance of the terms and conditions and hence acceptance need not be
      mentioned on each paper of the offer.

25.   Offer shall contain:
a)    UNPRICED BID: The tenderer should sign and stamp each and every page of the
      tender documents as well as supporting documents submitted with the offer. The
      supporting documents should be serially numbered and total number of pages
      submitted, should be indicated in the covering letter.

b)    Trucks to be offered by the tenderers as per the format “Details of Truck Offered”
      enclosed.




                                               8              SEAL & SIGNATURE OF BIDDER
c)     Tender document (Un price Bid) contains the following:

        Sr. No.                             DETAIL OF DOCUMENT
       1.         TENDER NOTICE
       2.         GENERAL TERMS AND CONDITIONS
       3.         DETAIL OF SECTOR WISE REQUIREMENT
       4.         EVALUATION METHOD AND GENERAL GUIDELINE FOR BUSINESS
                  ALLOCATION
       5.         DETAIL OF TENDERERS
       6.         FORMAT FOR LPG CYLINDER TRANSPORTATION CONTRACT
                  AGREEMENT
       7.         FORMAT FOR PROVIDING DETAIL OF TRUCKS OFFERED
       8.         FORMAT FOR UNDERTAKING
       9.         FORMAT FOR AFFIDAVIT
       10.        FORMAT FOR SC/ST CERTIFICATE
       11.        AGREEMENT (ATTACHMENT I)
       12.        INTEGRITY PACT (ATTACHMENT II)

Note: 1. Relevant Formats as mentioned in Sr. No. 5 and 7 are to be filled up by the
      tenderers duly signed and stamped.
      2. Relevant formats as mentioned at Sr. No. 8, 9 & 10 as applicable are to be filled,
      signed & stamped by the tenderers.

d)     PRICED BID: The rates quoted shall be firm for a period of 180 days from the due
date / extended due date of opening of the tender i.e. Un Priced Bid. In case of successful
tenderers the “Finalised Rates” shall remain valid and firm till completion of the contract in all
respects.

e) Earnest Money Deposit (EMD): As mentioned in clause 5 of General Terms &
   Condition.

f)     All relevant supporting documents.




                                                9              SEAL & SIGNATURE OF BIDDER
26. DETAIL OF SECTOR WISE REQUIREMENT OF TRUCKS &
ESTIMATED VOLUME.

EX- JAMSHEDPUR LPG PLANT

      DEALER               LOCATION              RTKM     ESTIMATED        APPROX.
                                                           VOL. PER        TRUCKS
                                                            MONTH         REQD. FOR
                                                         (CYLINDERS)       SECTOR

SECTOR-1: 0 TO 60 RTKM
ADITYA HP              ADITYAPUR                    20             3015
GUPTA GAS              JAMSHEDPUR                   55             6607
LAXMI GAS              JAMSHEDPUR                   55             5076     6 TRUCKS
AGARWAL                JAMSHEDPUR                   55             8291   (300 cyl: 4 Nos
SM GAS                 SARAIKELLA                   60             3045   450 cyl: 2 Nos)
STEEl CITY             JAMSHEDPUR                   55             3962
BIMLA HP               JAMSHEDPUR                   55             1641


SECTOR-2: 61 RTKM OR ABOVE (WITHIN STATE)
 New Upcoming Dealer   CHANDIL                     100             1200
PIONEER                CHAIBASA                    130            10524
JIBASIYA               RANCHI                      250            11529
R K Gas                RANCHI                      250             7026
SHARDA HP              DHANBAD                     370             3193
VINAY HP               DHANBAD                     370             2808
SINHA                  DHANBAD                     370             5558
KOLHAN                 JINKPANi                    160             1195
CHANDRAI HP            BASUKINATH                  620             3902    23 TRUCKS
RAMGARH GAS            RAMGARH                     374             6496   (150 cyl: 2 Nos
PADMAWATI HP           RAMGARH                     374             5137   300 cyl: 18 Nos
KHARIA HP              LOHARDAGA                   430             6264   450 cyl: 3 Nos)
RGGLVS                 PATAMDA                      80              821
RGGLVS                 SISAI                       360             1400
RGGLVS                 BERO                        320              821
RGGLVS                 JAGNNATHPUR                 200             1642
RGGLVS                 BEHARAGORA                  230             1500
RGGLVS                 MANDAR                      290              655
RGGLVS                 MASALIA                     660              655
RGGLVS                 SARIYAHAT                   680              655



All tenderers are requested to go through the above table carefully and while quoting
their competitive rate they should quote only one rate irrespective of capacity of truck
(150/300/450 cyl cap).



NOTE :

   1. Transporters are advised to visit JAMSHEDPUR LPG Filling Plant, discuss with Plant-
      In-Charge and acquaint themselves with our facilities, loading/unloading operation at



                                            10            SEAL & SIGNATURE OF BIDDER
   the Plant, at destination etc before quoting for the tender, in order to familiarize them
   fully about the scope of work.

2. The above Requirements/ RTKMs are only directional and are subject to both upward
   and downward revision from time to time if applicable. Any change in RTKM should
   be immediately brought to the notice of Regional Manager – JAMSHEDPUR LPG RO
   for arranging joint physical verification of such revised route / RTKM and the same will
   be applicable only from the date of joint verification.

3. More locations may be added during the tenure of the contract and same schedule of
   rate will be applicable for this new location depending upon in which sector it falls. In
   case more number of trucks is required by the corporation to meet increased demand
   in future, the successful tenderer will have to provide additional trucks at the same
   rate & terms and conditions immediately on getting such request from HPCL.

4. Volumes mentioned above are only directional and the Corporation does not
   guarantee volume of business.

5. Destination locations will also include the Corporation‟s hot repairer/Cold repairer or
   re-tester‟s premises both within and outside the states.

6. Indicated location/ market / volume can be attached to any other Bottling Plants at the
   discretion of the corporation. However, in course of time new location may / will be
   added or removed during the tenure of the contract for which rates applicable would
   be as rates contracted.

7. Each load will consist of 150/ 300/ 450 cylinders of 14.2 Kgs.

8. For each sector minimum two transporters will be inducted, if not decided other wise
   by the Corporation in case of small sectors.




                                           11             SEAL & SIGNATURE OF BIDDER
EVALUATION METHOD AND GENERAL GUIDELINE FOR BUSINESS ALLOCATION

The evaluation of the tender will be based on lowest quoted rates on sector to sector basis.
Multiple transporters may be considered for award of contract on sector to sector basis at
the sole discretion of HPCL.

The criteria for evaluation of the Price Bid & finalisation of award of contract shall
take into account the following:

1. Quoted Rate on sector wise basis.
2. Ranking of tenderer based on original quotation on sector wise basis.
3. Number of trucks offered by the tenderer, for which verification of Registration Books
     has been carried out and have been technically accepted.
4. Any other factor considered relevant by the corporation.
5. In case two transporters required for a particular sector then negotiation will be carried
     out with the L-1 (Lowest Quoted Rate) party of that sector only. On finalisation of rate
     with L-1 party, the counter offer of the lowest negotiated rate will be given to next party
     in order of ranking and subject to their acceptance contract will be finalised. The
     business will be distributed for the subject sector between two parties in the ratio of
     60:40.
6. In case three parties are needed to meet the requirement of trucks in a particular sector
    then after negotiations with L-1 party of that sector, counter offer will be given to
    remaining two parties in order of ranking of that sector and the business will be
    distributed in the ratio of 50:30:20.
7. For a particular sector, if the requirement of trucks is met by say L-1, L-2, L-3, L-4, L-5
    transporters then negotiations will be carried out with the L-1 party only. On finalisation of
    rate with L-1 party, the counter offer of the lowest negotiated rate will be given to L-2 to
    L-5 transporters. In this process, in case any tenderer between L-2 to L-5 say L-3 & L-4
    transporters refuse to accept the lowest negotiated rate then corporation reserves the
    right to give counter offer of the lowest negotiated rate to other high ranking parties in
    sequence e.g. L-6 & L-7 till the requirement of trucks is met in that sector. In the process
    the original L-3 & L-4 ranking parties will not get any contract in the subject sector as
    they have refused to accept the HPCL counter offer rate.
8. If the other eligible bidders do not agree to match the lowest negotiated rate counter
    offered to them, Corporation reserves the right to fully award the business to the L-1
    transporter. If the L-1 transporter alone is not capable of fulfilling the total requirement of
    trucks in that sector, then if it becomes necessary for the Corporation to transport in that
    sector at different rates, the Corporation reserves the right to award contract in such a
    way so as to enable the Corporation to get the maximum advantage.
9. LPG Dealers of the corporation who wish to operate as dealer cum transporter for lifting
    their own loads should have at least one truck registered in his name and should
    necessarily participate in the tender. Contract to such dealers cum transporter shall
    be awarded only on the basis of their merit in the tender. With increase in
    requirement of trucks due to ever increasing market demand, the corporation at its sole
    discretion reserves the right to induct trucks from any LPG dealer of HPCL, who had
    participated in the tender for upliftment of their own load requirement during the currency
    of the contract.
10. The contract will be awarded in the proportion of availability of trucks from the
    transporters after considering the allotment of trucks as per ranking in the previous
    sectors.



                                                12             SEAL & SIGNATURE OF BIDDER
11.     The business will be distributed to the tenderers (transporters) on sector wise
        basis. Transporter qualifying in the tender must accept the business for those
        sectors offered by HPCL as otherwise their EMD will be forfeited.

      NOT WITHSTANDING ANYTHING CONTAINED ELSEWHERE IN THIS TENDER,
      IN THE EVENT THAT CORPORATION RECEIVES THE SAME RATE FOR A
      PARTICULAR SECTOR/DISTANCE SLAB w.r.t ANY SOURCE/ LOADING BASE BY
      A GROUP OF BIDDERS, THE CORPORATION RESERVES THE RIGHT TO
      BELIEVE THAT THESE BIDDERS HAVE FORMED A CARTEL AND THE RATE
      QUOTED AS “CARTEL RATE” AND MAY ACCEPT OR REJECT OR NOT RECKON
      SUCH RATES/ OFFERED TRUCKS/ RANKINGS ETC. OF SUCH OFFERS. IN
      SUCH CASES, THE CORPORATION ALSO RESERVES THE RIGHT TO FOLLOW
      THE NEGOTIATION PROCESS WITH SUCH BIDDERS IF DEEMED FIT AND
      AMEND THE EVALUATION CRITERION BEST SUITED TO THE INTEREST OF
      THE CORPORATION.

NOTE:

1. The tender document contains the indicative number of locations in each sector and
   total no. of loads to be transported to these locations per month and total number of
   trucks (say N1 for sector-I) and no. of transporters required in each sector against this
   tender. These figures are estimated only and shall be used for the purpose of evaluation
   using RTKM of individual location as an additional data. Cylinders are also to be
   transported to and from the parties carrying out cylinder repair activities at various
   places. Also cylinders are to be transported to and from the plants of the private bottlers
   from whom HPCL is taking bottling assistance at present or in future.
2. Each tenderer is expected to quote for all the rate sectors as per condition of the tender.
   However in case rates are not quoted for all the sectors, then the subject tenderer shall
   be considered only for the sector for which he has offered their rates.
3. LPG Distributors of the Corporation who participate in the tender as dealer cum
   transporter should quote competitive rates in their price bids. Dealer-cum-transporters can,
   in addition to the sector where his own distributor falls, quote for any sector of their choice,
   and once the rate is approved, their truck/s can be utilized for distributors in Sectors where
   they are successful in getting the contract. However, utilization of the dealer-cum-transporters’
   truck/s shall be done after giving priority for meeting their own requirements.
4. Number of trucks to be inducted from contractors under unreserved category will be
   determined as: No. of trucks for unreserved category= N X (100-22.5)/100, where N is
   the total no. of trucks required. Fractions shall be rounded off to the next higher number
   in all cases.

6. SELECTION OF SC & ST CONTRACTORS:

a) Total no. of trucks to be inducted from SC contractors is X (where X = N x 15%).
b) Based on the transportation cost in each sector, ranking will be assigned to SC category
   tenderers for each sector.
c) If, X is less than the number of valid trucks offered by the lowest among the SC
   tenderers, then only this tenderer will be appointed for induction of X number of trucks.
d) If, X is more than the number of valid trucks offered by the lowest among SC tenderers,
   then similar method as mentioned above will be adopted amongst SC tenderers.
e) Total no. of trucks to be inducted from ST contractors is Y (where Y = N x 7.5%).



                                                13              SEAL & SIGNATURE OF BIDDER
f) Based on the transportation cost in each sector, ranking will be assigned to ST category
   tenderers for each sector.
g) If, Y is less than the number of valid trucks offered by the lowest among the ST
   tenderers, then only this tenderer will be appointed for induction of Y number of trucks.
h) If, Y is more than the number of valid trucks offered by the lowest among ST tenderers,
   then similar method as mentioned above will be adopted amongst ST tenderers.
i) Contract shall be awarded to the SC / ST category tenderers as above only if they match
   the rate finalised in the tender and no price preference shall be given.
j) SC / ST tenderers, who due to their ranking and subsequent acceptance of counter offer
   of HPCL, able to get order shall not be considered for the purpose of distribution of the
   no. of trucks reserved for the SC / ST categories.




                                             14            SEAL & SIGNATURE OF BIDDER
                                 DETAIL OF TENDERERS
Name of the Firm                    :


Nature of the firm                  :
(State whether Ltd. Company,
Partnership Co-op, Society
Or sole Proprietor)


Category of Proprietor or
Partners (SC/ST/GENERAL)            :


Year of Establishment of Firm


Registration Number of Firm         :
if any

Registered Postal Address of Firm   :


Telegraphic Address, if any         :


Telephone No. (s), if any           :


E-Mail ID                           :


Address of Branches, if any         :


Name of Directors/ Partners/        :
Proprietor as the case may be
With address & Telephone Nos.


Permanent Income Tax No.            :
(Attach photocopy of PAN Card)

Last Income tax Clearance           :
Certificate (Attach Photocopy)

Name of Bankers & Branch            :
With full address
Type of Account & A/c. No           :



                                        15      SEAL & SIGNATURE OF BIDDER
Name(s) of Person(s) Operating       :

Code No. allotted by Indian          :
Bank‟s Association, if any


Name(s) of Authorised                :
Representative(s)

State whether tenderer is            :
Related to any Director of
HPCL. If SUBMITTED,
please give details

Experience details, if any          :
(Please attach supporting documents)

We do hereby certify that the information as provided above is correct and true in all
respects.

SIGNATURE            :
     ___________________________________________________

NAME OF SIGNATORY :
     ___________________________________________________

RUBBER STAMP OF
SIGNATORY     :


ADDRESS OF TENDERER
FOR CORRESPONDENCE         :
     ___________________________________________________


      ___________________________________________________


      ___________________________________________________


      ___________________________________________________

                                 PIN CODE:

TELEPHONE NOS. :         ______________________________
STD CODE          :       _______________
FAX NOS. (IF ANY) :      ______________________________




                                          16           SEAL & SIGNATURE OF BIDDER
            LPG CYLINDERS TRANSPORTATION CONTRACT AGREEMENT

MEMORANDUM OF AGREEMENT made at _______________ on this ______________
day of _______________ Two Thousand Seven between M/s. Hindustan Petroleum Corpn.
Ltd., registered as a Company 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 unless excluded by or repugnant to the context
mean and include its successors and assigns) of the ONE PART AND

** ____________________________, son /daughter/wife of _________________________
residing at ________________________________________________ , carrying on
business as sole proprietor under the name and style of__________________________
and having its office at _________________________________________ hereinafter
referred to as “THE CONTRACTOR” (which expression shall unless excluded by or
repugnant to the context mean and include his/her heirs, executors and administrators)

                                             OR

** ___________________, son /daughter/wife of __________________ residing at
_____________________          ;     ___________________,        son     /daughter/wife     of
_____________________            residing at _________________________________ ;
_____________________________, son /daughter/wife of _____________________
residing at ___________________________________ ; carrying on business in co-
partnership under the name and style of_____________________ and having its office at
_______________________________ hereinafter referred to as “THE CONTRACTOR”
(which expression shall unless excluded by or repugnant to the context mean and include
the prsent members of the said firm or any other member or members of the said firm
inducted with the consent of the corporation and the legal heirs, executors, administrators of
any deceased partner)

OR
** ____________________ a company or a co-operative society incorporated under the
applicable laws of India and having its registered office at ___________________________
hereinafter referred to as “THE CONTRACTOR” (which expression shall unless excluded by
or repugnant to the context mean and include its successors)

(** Strike out whicever is not applicable)

of the OTHER PART.


WHEREAS the contractor is desirous of providing trucks for transportation of the
Corporation‟s Liquefied Petroleum Gas (LPG) Cylinders from its ________ Filling/Bottling
Plant to such destinations as described in the Schedule of Rates or as may be advised from
time to time at their sole discretion.

AND WHEREAS the Corporation is agreeable to utilize the trucks to be provided by the
contractor for transportation of the Corporation‟s Liquefied Petroleum Gas (LPG) Cylinders
on the terms and conditions contained herein after.




                                              17            SEAL & SIGNATURE OF BIDDER
NOW THEREFORE THIS AGREEMENT WITNESSETH AND IT IS HEREBY
AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS :-

1.   VEHICLE FOR TRANSPORTATION:

     a) The contractor hereby agrees to provide _____ number of trucks, detailed
        particulars whereof are given in the annexure hereto and marked Annexure-I and
        being treated as a part of this agreement, to the corporation within ___ days or
        such extended period as may be permitted by the corporation at its sole
        discretion from the date of issuance of letter of intent/ letter confirming award of
        contract for utilization of the same for transportation of LPG cylinders by road as
        and when required by the corporation from time to time and the corporation
        agrees to take such trucks for utilization of the same on the terms and conditions
        contained hereinafter.

     b) Each truck to be provided by the contractor should be owned/ operated by him
        and should be capable of carrying a minimum load of 150 numbers of 14.2 kg
        capacity cylinders. However, maximum no. of LPG cylinders to be carried in
        each truck shall be restricted to RLW of the truck. Carriage of cylinders should
        not be more than 3 tiers. The corporation may at its sole discretion allow
        deployment of smaller/higher capacity trucks depending upon specific need of
        the corporation.

     c) The Corporation‟s Filling Plant shall decide the schedule of dispatches, routing of
        contractor‟s trucks to various destinations basis priorities and turnarounds.
        Scheduling of trucks shall be carried out by the Filling Plant in such a manner as
        to ensure equitable distribution of the transportation business between
        contractors as far as practicable. The transporter shall not insist upon utilizing his
        truck on certain routes and for specific destinations of his choice only. The
        transporter shall supply additional trucks when required and for which 24 hours
        advance notice shall be given to the transporter by the filling Plant In charge.

     d) The contractor shall ensure that the trucks provided for the transportation of LPG
        cylinders shall be caged and conform to the rules regarding transportation of the
        petroleum products and the provisions of Petroleum Act, 1976 or any amendment
        or re-enactment thereof from time to time and the rules and orders framed there
        under and in accordance with requirement of the Plant and the staff of the
        transporter should follow all such rules.

     e) Each truck provided by the contractor shall carry a portable fire extinguisher
        preferably ISI Marked 10Kg DCP type in readily accessible position. The
        extinguishers shall be properly maintained and shall be in working condition.


            i)       The exhaust of each truck provided by the contractor must be fitted
                     permanently with a proper spark arrestor which conforms to the
                     design approved by the Chief Controller of Explosives (C.C.O.E/
                     PESO.).




                                            18             SEAL & SIGNATURE OF BIDDER
            ii)       All electrical wirings in the trucks will be armoured and the wiring
                      layout should be as prescribed by C.C.O.E. Battery shall be inside
                      the cabin and not below the body of the truck. A master switch
                      should be provided to isolate the batteries in the cabin of the truck.

            iii)      Floor of each truck provided by the contractor should have ½ inch
                      thick rubber mat.

      f) Only sound trucks which are in efficient working conditions and conforming to the
         Motor Vehicles Act (including the crew if required under the Act) as applicable
         from time to time shall be deployed by the contractor for LPG Cylinders
         transportation. The side and end flaps of the truck should get locked in an upright
         position without buckling or slanting.

      g) While transporting dangerous/hazardous products, the contractor will ensure and
         take all precautionary measures including display of special signs with wordings
         in the languages of State of transit and destination, indicating nature of product
         being transported. The contractors have to comply with the requirement of Motor
         Vehicle Act, 1988, the Motor vehicles (Amendment) Act, 2000 and other statutory
         requirement as per Public Liability Insurance Act and amendments thereto issued
         from time to time.

      h) All vehicles deployed by the contractor should comply all statutory norms as
         applicable from time to time.

      i) Truck shall not be more than 12 years old as on 01.06.10.


IMPORTANT NOTE

The successful transporters and dealer cum transporters are required to paint
their trucks as per the new colour scheme prescribed by the Corporation,
specification of which will be provided at the time of signing the Agreement. In
case any transporter or dealer cum transporter does not comply with the
Corporation‟s standard colour scheme as specified, within a month of signing
the agreement, the Corporation will have the option of getting the job done
directly and to deduct @ Rs. 10,000/- per truck from the transportation bill
towards this cost.
The contractors have also to ensure that the quality and appearance of the
paint of their trucks is perfectly maintained through out the period of their
contract.
2.   DELIVERY/CARRIAGE OF GOODS

     a) The contractor shall make arrangements, unless all the trucks provided by the
        contractor under this contract are already engaged by the corporation, to take
        delivery of the LPG cylinders to be transported from the JAMSHEDPUR LPG
        Bottling Plant of the corporation within 24 hours of telephonic advice, failing which



                                            19             SEAL & SIGNATURE OF BIDDER
   the Corporation reserves the right to make alternate arrangements for
   transportation. In such cases, the excess transportation cost if any, shall be
   recovered from the contractor
b) If for any reason a LPG Distributor is unable to accept a load consigned to him,
   the contractor shall immediately contact the Bottling Plant In charge concerned
   and report the matter to him. Under no circumstances shall the contractor return
   his truck with filled cylinders to the Bottling Plant unless authorised to do so by the
   Plant in Charge.

c) When supply of filled cylinders is made on the basis of collection of payment (by
   demand Draft or Cheque) at site, it will be the responsibility of the contractor to
   collect beforehand the demand draft/cheque, from the consignee/distributor, on
   behalf of the Corporation, and then only deliver cylinders to the
   consignee/distributor. The contractor should hand over the demand draft/cheque
   to the Bottling Plant promptly on the same date. The next load will not be given to
   the truck unless the demand draft/ Cheque for the previous trip are handed over to
   the Bottling Plant. If the Demand draft or cheque is lost by the contractor, it shall
   be his responsibility to make good the amount to the Corporation promptly failing
   which the Corporation reserves the right to recover the amount from the
   contractor‟s running bills or Security deposit. If any dealer hands over his order
   and Demand Draft /cheque for the next load to the contractor or his truck crew, it
   shall be the responsibility of the contractor to promptly hand over the same to the
   Bottling Plant In charge.

d) Cylinders shall be loaded vertically on the trucks, in an upright position, in rows
   with the valve side facing upwards. No cylinder should project above or beyond
   the sides or ends of the vehicle.

e) The contractor shall ensure that the LPG cylinders are delivered at the destination
   promptly within the reasonable delivery periods. The Corporation reserves the
   right to impose a penalty on the contractor at the rate of five percent of the cost of
   transportation charges per day of delay and such penalties shall be recovered
   from the contractor‟s bills, however, the corporation may at its sole discretion
   waiver the penalty provided that reasons for such delays are not attributable to the
   contractor. The decision of the corporation in this regard shall be final and binding
   on the contractor.

f) If any filled cylinder loaded in a truck develops leak en route, transporter or his
   crew should contact the Filling Plant In-Charge immediately and take appropriate
   precautions, corrective actions as directed by the Plant In-Charge.

g) Depending upon the Corporation‟s requirements, the contractor shall make two
   point deliveries in a single trip by any of his trucks contracted to the Corporation
   without any extra charges. Depending upon requirements, Corporation may utilize
   trucks to carry part loads sometimes. In such a case the transporter shall be paid
   on full truckload basis. Specific approval in writing should be obtained from the
   plant manager or the officer concerned.

h) Should the Bottling Plant work for extended hours on regular working days and
   work on any holidays, the contractor will be informed sufficiently in advance and it



                                        20             SEAL & SIGNATURE OF BIDDER
          shall be his responsibility to provide trucks and labour as scheduled/ required by
          the Corporation during such extra working hour /holidays.

       i) The contractor‟s truck carrying cylinders shall have to occasionally transport boxes
          of LPG regulators/valves along with cylinders as and when asked by the
          Corporation. A flat rate Rs.50/- per box of regulator/valves will be paid per trip.
          One box of regulator/valves typically contains 50/200 nos. respectively.

       j) Under no circumstances the contractor shall refuse to accept loads consigned to
          any distributor/hot repairer/cold repairer or any consignee of other oil company/
          HPC Locations.

       k) Additional trucks should be provided by the transporter as and when required for
          which prior intimation of 24 hours will be given in advance.

       l) During exigencies, the Corporation may ask the contractor/s to divert and operate
          Truck/s ex any other bottling plants and the contractor/s shall there upon divert
          and operate their truck/s ex such other bottling plants. In case of such diversions,
          the transportation rate payable will be the payable rate of the original bottling plant
          or the diverted bottling plant which ever is lower and all other terms and conditions
          of this contract will remain applicable. No diversion charges shall be paid for
          diversion of truck/s from one destination to another and freight shall be paid from
          the actual loading source to the actual destination of unloading.

3. OPERATION OF TRUCKS :

  a. The contractor shall obtain, at his cost; all necessary route permits for plying the
     vehicles within the State or on interstate routes for transportation of the LPG cylinders
     and no reimbursement of this will be made by the Corporation.

  b. The contractor shall pay the applicable Octroi charges at destinations and the
     Corporation shall reimburse these amounts to the contractor on production of the
     payment receipts thereof which shall be submitted along with the bills for
     transportation unless otherwise specified.

  c.    Any Toll/Entry/Transit taxes will not be reimbursed by the corporation. However in
       the event of imposition of Toll/Entry/Transit taxes by the statutory authorities after the
       due date of the Tender, Corporation shall reimburse the same. Tenderers have to
       submit the documentary evidence of the Government Notification towards imposition
       of such Toll/Entry/Transit taxes. Corporation shall reimburse the same from the
       effective date (which necessarily has to be after the due date of the tender) and
       against documentary evidence of submission of Toll/Entry/Transit taxes to the
       concerned authorities.

  d. The Corporation does not undertake any responsibility or make any commitment to
     provide the contractor or his employees with facilities such as office accommodation,
     canteen, tea, toilet, telephone etc.

  e. The contractor shall bear and pay the entire operational costs of the trucks for
     transportation of product which shall include, inter-alia, the following: –



                                               21             SEAL & SIGNATURE OF BIDDER
                  i)    Salary and other emoluments for the crew and labours use for loading/
                        unloading of LPG cylinders and other necessary relief.
                 ii)    Cost of fuels and lubricating oil required for the operation of the trucks.
                 iii)   Maintenance and repair cost of the trucks.
                 iv)    Licenses, permits, road tax, transit insurance etc.
                 v)     All idling charges, loss or delay in transport, transit road stoppages,
                        delay in time consumed in loading or unloading of cylinders or for any
                        other reasons whatsoever, or on account of operations.
                 vi)    The Corporation under take to provide outward/return trip on full load
                        basis. In the case of round trip transportation, contractor shall bring
                        back from the destination empty cylinders equivalent to the number of
                        filled cylinders carried on the forward trip. If the dealer does not deliver
                        empty cylinders equivalent to the number of filled cylinders, contractor
                        shall be paid at the round trip rate for the number of filled cylinders
                        transported. Depending upon the requirements, Corporation may also
                        utilise trucks to carry part loads in which case contractor shall be paid
                        for full truck loads.

     f. It will be the responsibility of the contractor to ensure that their trucks fully conform to
        the Gas Cylinders Rules, 1981.

     g. Unauthorised parking of the contractor‟s truck within Corporation‟s Bottling Plant
        premises shall not be permitted.

     h. The Corporation does not take responsibility to keep the contractor‟s trucks loaded
        with filled or empty cylinders, in its premises if the trucks arrive at the Bottling Plant
        beyond the regular working hours and on holidays. It shall be the responsibility of the
        contractor to keep the filled/empty cylinders under his safe custody, outside the
        Corporation‟s premises. No detention charges shall be payable by the Corporation to
        the contractor for the detention of his trucks which arrive at the Corporation‟s Bottling
        plant.

     i.   At all times, the contractor shall indemnify the Corporation from and against all
          losses, damages, claims, suits and other like events arising from and in connection
          with injury to any person or property, short deliveries of the product or otherwise
          howsoever in connection with matters connected with this agreement.

4.        LOSS/DAM AGE OF CYLINDERS:

          Transporter will be solely responsible for the safe custody of the cylinders and
          product once these are handed over to him.

          It shall be the responsibility of the contractor to ensure that all cylinders handed over
          for transportation are complete with all fittings etc. and without damages at the time of
          accepting the load at the Bottling Plant as well as at distributor‟s/consignee‟s end.

          The cost of fittings, parts and accessories found missing/damaged at the time of
          delivery of cylinders both at Bottling Plant and at Distributor‟s end will be recovered



                                                  22             SEAL & SIGNATURE OF BIDDER
  from the contractor‟s bills. It shall be the responsibility of the contractor to secure
  necessary endorsement on documents both from the Corporation‟s Bottling Plant and
  from the Distributors/consignee about fittings, fixtures etc., if found missing at the time
  of accepting loads.

  It is specifically agreed between the Corporation and the contractor that in the case of
  loss or damage of LPG Cylinders and/or the parts and the accessories of LPG
  cylinders lost or damaged during transportation, and penalty towards spurious
  equipment, the contractor shall pay liquidated damages as per the Equipment Tariff in
  force on the day of loss or damage caused to the said materials.

  Contractor shall check all empty cylinders before loading in their trucks at dealer‟s
  premises, shall not accept / deliver OMC cylinders (LPG Cylinder belonging to other
  Marketing Company) to the Plant. In case such cyls. are delivered the same shall be
  retained at the Plant and Rupees Nine Hundred (Rs. 900/- ) only per cylinder will be
  debited.

   The follow ing is the Equipment Tariff w hich is currently applicable:

   SL. NO.     ITEM DESCRIPTION                             TARIFF
   i)          LPG cylinder of 14.2 Kg with valve           Rs.    2000/-
               (self closing) and Safety Cap
               LPG cylinder of 19 Kg. With valve            Rs.       2250/-
               (self closing ) and Safety Cap
               LPG cylinder of 35.0 kg With valve (self     Rs.       4500/-
               closing) and Safety Cap.
               LPG cylinder of 47.0 kg With valve (self     Rs        6000/-
               closing) and Safety Cap.
               LPG Cylinder of 5.0 Kg capacity with         Rs.       700/-
               valve and Safety Cap
   ii)         LPG cylinder valve                           Rs.       100/-

   iii)        Safety Cap with wire spring                  Rs.       4/-
               And nylon thread for new Self
               Closing valves (materials ABS
               Or equivalent)

   iv)         Click on type pressure regulator             Rs.         250/-
               (for self closing valves).

   v)          OMC Cylinder.                                Rs.         900/-


The aforesaid amount will be recoverable as a liquidated damage for the loss or damage
to cylinders and/or other equipment and the contractor will have to pay the same within
30 days from the demand made by the Corporation. Provided however, the Corporation
shall, in addition to any other right, have right to recover the aforesaid liquidated
damages from the contractor out of any pending bill of the contractor with the
Corporation. As and when the Equipment Tariff is amended or changed during the
currency of this contract, the contractor will be informed in writing about the rates



                                          23              SEAL & SIGNATURE OF BIDDER
     applicable on account of such amendments or modifications of the equipment tariffs.
     Failure to notify such amendment or notifications by the Corporation will not be a ground
     to violate any terms, conditions of this contract and will not absolve the contractor from
     their liability to compensate the Corporation at the higher cost.

a) The contractor shall be solely responsible for the safe custody of the cylinder and
   quantity of LPG contained therein, once these are handed over to him.

b) Nylon safety caps fitted to the cylinders with seals shall be delivered intact at the
   destination without any tampering or damage to the seals. Cost of nylon safety caps
   short delivered shall be recovered form the contractor.

c) For any loss/shortage of cylinders, it will be necessary for the contractor to get an
   endorsement from the Distributor/consignee, failing which the cost of cylinder in case of
   shortage of empty cylinder and the cost of cylinder plus cost of product in case of filled
   cylinder and also the corresponding transport charges shall be recovered from the
   contractor. The applicable rate of recovery will be as per clause 4 above. Similarly, for
   loss/shortage of regulator, amount as per rate mentioned in clause 4 above shall be
   recovered from the contractor.

d)     The contractor will make good to the Corporation any loss whatsoever suffered by the
       corporation, including but not limiting to the loss arising from:

      i)       The confiscation by Government or Local Authorities of any quantities of the said
               products delivered to the contractor for transportation.
      ii)      loading/ unloading or in transit for reasons other than the acts of God, riots or civil
               commotion.

 However, the liability of proving that any loss/or damage caused by any accident or fire
 resulting from acts of God or riot or civil commotion, will be solely upon the contractor. The
 Corporation will be entitled to compute the amount of loss suffered by the Corporation and
 entitled to be reimbursed from the contractor under these provisions and the decision and
 determination by the Corporation or its authorised representative as to the reason for such
 loss or as to the existence of any acts or events such as riots, civil commotion or acts of
 God shall be final and binding on the contractor and shall not be questioned in any Court of
 Law or Arbitration or otherwise and the contractor do hereby irrevocably authorise the
 Corporation to set off and adjust such loss or damage against the amount of security
 deposit paid by the contractor to the Corporaion and pending bill of the contractor and in
 the event of shortfall therein, the contractor shall immediately, upon a demand
 note/certificate issued by the Corporation, pay the same to the Corporation without any
 demur or objection.

e)          It shall be the responsibility of the contractor to ensure that cylinders of other
            marketing Oil Companies are not mixed up while accepting filled cylinders from Plant.

5. UTILIS ATION OF TRUCKS:

     a) In addition to clause 1C, the corporation does not give any guarantee for utilisation of
        truck either for:
            (i)    Minimum number of days per month.



                                                    24             SEAL & SIGNATURE OF BIDDER
           (ii)  Minimum mileage for each truck.
           (iii) Route in which the truck will be utilized
     b) The contractor agrees to operate all trucks for all stations awarded to him/them as
        and when required by the corporation.

     c) In case the contractor wish to withdraw any truck provided under this contract, prior
        permission should be sought from the corporation justifying the need and the
        corporation may permit such withdrawal provided alternate arrangement is made by
        the contractor before withdrawal of the concerned truck to maintain the continuity of
        work.

     d) The corporation will be at liberty to ask the contractor to divert and operate the truck/s
        ex any bottling plant which is situated in the same political state wherein the
        ________ bottling plant is located, and the contractor shall there upon divert and
        operate their truck/s ex such bottling plant at the same rate, terms and condition of
        this contract. No diversion charges shall be paid for empty truck diversion. No
        diversion charges shall be paid for filled truck/s for one destination to another, and
        freight will be paid from the actual loading source to actual destination of unloading.

6.      LO ADING/UNLO ADING/HANDLING OF CYLINDERS:

       1.    The Corporation shall deliver the LPG cylinders to the contractor at the
             loading/storage point. Loading/Unloading of cylinders on the truck at the Bottling
             Plant and at destination is the responsibilty of the contractor and is included in
             the rate of transportation.

       2.    Stacking /de-stacking inside Distributor‟s/Dealer‟s premises or godowns shall also
             be done by the contractor without any additional cost.

        a)     Loading/unloading of cylinders into and from the trucks shall be done at any
               place within the plant premises as nominated by the Corporation‟s Bottling Plant
               In-charge without any additional cost.

        b)     The loading /unloading of cylinders and stacking thereof inside the truck shall
                be handled carefully and safely by the contractor. If careless or rough handling
                by contractor‟s labour is established, the Corporation shall be free to recover
                the cost of damages/loss from the contractor.

7.      TRANSHIPMENT:

        The contractor shall undertake the movement of the product entrusted to him by the
        Corporation without transhipping. However, if the transhipment is inevitable, the
        contractor shall advise the Corporation beforehand and also ensure that adequate
        care and precaution is taken to ensure safe handling of the product. No additional
        charges will be paid by the Corporation for transhipment.

8.      SECURITY DEPOSIT/BANK GUARANTEE:

        Upon commencement of the agreement the contractor shall furnish the Corporation a
        security deposit as per the following:



                                                25             SEAL & SIGNATURE OF BIDDER
     a) Successful tenderers who have taken Carrier‟s Legal Liability Insurance (CLLI)Policy for the
        cargo will be required to furnish SD at the rate of Rs;30,000/- (Rs:Thirty thousand only) per
        truck subject to a maximum of Rs;3.0 lakhs ( Rs: Three Lakhs only) per contract. In case of
        HPCL dealers/distributors who have taken CLLI Policy, the SD will be at the rate of
        Rs:10,000/- per truck subject to a maximum of Rs:1.0 Lakh (Rs: One Lakh only).
     b) In case if the successful tenderer desires not to take the CLLI Policy for the cargo, the
        transporter would be permitted to submit SD for an amount of Rs:3.0 lakhs per contract. For
        HPCL distributors, who desire not to take CLLI Policy for the cargo, the SD will be Rs:2.0
        lakhs per contract.
     c) The SD can be paid either by way of Bank Guarantee (BG) or by way of a Demand Draft. In
        case of BG, the same shall be kept valid for 6 months more than the expiry date of the
        contract.
     d) It shall be lawful for the Corporation to adjust the Security Deposit amount against all pending
        or future dues and also to appropriate the entire deposit or any part thereof against losses,
        damages, cost charges or expenses arising out of contractor‟s failure or negligence to
        observe any terms and conditions of this contract. This is without prejudice to other remedies
        available to the Corporation.

9.      SUBLETTING:

        The contractor shall not sublet any work entrusted to him except with the written
        consent of Corporation.

10.     REMUNERATION/ P AYMENT OF BILLS:

        a)      Rate payable to the contractor shall be mentioned in the Schedule of
                Rates attached hereto as annexure. For transportation of filled cylinders
                to the destination, 65% (sixty five percent) of the above rate will be paid
                and for transportation of empty cylinders from the destination to bottling
                plants, 35% (thirty five percent) of the above rate will be paid.

        b)      The rates mentioned in the schedule are for 14.2-kg cylinders only. In case of
                In case of 5 kg., 19 kg, 35.0 Kg & 47.5 kg. Cylinders, the applicable rates will
                be 0.35 times, 1.33 times, 2.33 times and 3.34 times of the rates for 14.2 kg
                cylinders respectively both for domestic and industrial cylinders
        c)      One way rate will be 65% of the round trip rates.
        d)      The rates are inclusive of loading and unloading both at the Filling Plant and at
                destination and stacking / de stacking of cylinders at the destination / dealer‟s
                premises.
        e)      Payment for transportation during a particular month shall be paid within 15 th
                day of the following month from Jamshedpur LPG RO.
                Wherever possible, payment shall be tendered to the contractor in electronic
                mode (e-payment) through any of the designated banks. The contractor will
                comply by furnishing full particulars of Bank account (mandate) to which the
                payments will be routed. Owner reserves the right to make payment in any
                alternate mode also.

        f)      A penalty of Rs 50/- will be levied in case the transport charges copy gets lost,
                unless satisfactory explanation is given by the contractor for the loss. Further,
                the contractor should provide documentary evidence to prove that the delivery




                                                   26              SEAL & SIGNATURE OF BIDDER
                   was made intact. A penalty of Rs. 300/- per transaction shall be levied for each
                   of the following lapses on the part of the contractor:-

             i)       Duplicate billing for the same transaction.
             ii)      Claim of bill for services not rendered by the contractor.

        g)         Details of bills pending for payment for more than two months should be
                   advised to the Corporation on monthly basis and the Corporation shall
                   endeavor to settle them at the earliest.
        h)         The Corporation may in its sole discretion waive the above penalties/lapses if
                   the contractor tenders satisfactory explanation for the lapses in question.
        m)         For transportation of regulators/ valves a flat rate Rs.50/- per box of
                   Regulator / valves will be paid per trip. One box of regulator/valves typically
                   contains 50/200 nos. respectively. No part payment shall be made.

11.     PERFORMANCE OF THE CONTRACT:

      i)      If at any time during the currency of this agreement, the contractor fails to
              transport the product as provided herein above and/or fails to perform the various
              other obligations specified in this agreement, the Corporation may in its discretion
              and without prejudice to its other rights and remedies obtain services from other
              contractors to perform the obligations and transport the product and the
              contractor undertakes to reimburse the Corporation all the additional expenses
              incurred by the Corporation in this connection.

      ii)     The Corporation shall provide the contractor with transport work hereunder as
              and when it considers necessary and shall not be bound to give or entrust all the
              transport work to the contractor or be bound by the estimated thru put shown in
              Schedule of Rates.

      iii)    Nothing herein, contained shall prevent the Corporation from engaging any other
              contractors to carry out transportation work similar to the work entrusted to the
              contractors. The Corporation reserves the right to appoint two or more
              contractors as it deems necessary towards achievement of efficient, timely
              supplies and the contractor shall have no right to raise any objection to such
              action of the corporation.

      iv)     Each transporter should have an authorized representative who should be
              present in the LPG Plant and who should coordinate with Plant
              Manager/Marketing Officer/Operation Officer for dispatches.

      v)      If at any time after executing this agreement any of the information furnished
              along with the tender is found to be false, the agreement is liable for termination
              and the security deposited shall be forfeited.

12.                DETENTION CHARGES:

                   No detention charges shall be payable by the Corporation to the contractor.
                   However, all efforts will be made by the Corporation to avoid delays.




                                                   27             SEAL & SIGNATURE OF BIDDER
13.        CONTRACTOR‟S EMPLOYEES:

      a)   The contractor will be solely and exclusively responsible for engaging or
           employing persons for the execution of work. All persons engaged by the
           contractor will be on the contractor‟s payroll and paid by the contractor. All
           disputes and differences between the contractor and his/their employees have
           to be settled by the contractor.
      b)   The corporation has absolutely no liability whatsoever concerning the
           employees of the contractor. The contractor will observe and comply with the
           requirements of the Minimum wages Act, the ESIC Act and all other Industrial/
           Labour legislations for the time being in force or may be brought into force
           governing the relationship between the employer and the employees and also
           undertakes to hold the corporation indemnified against all claims, payments,
           losses etc. that the corporation may have to suffer on account thereof. The
           contractor will make regular and full payment of wages and on any complaint
           by any employee of the contractor or his sub contractor regarding non payment
           of wages, salaries or other dues, the corporation reserves the right to make
           payments directly to such employees or sub contractor of the contractor and
           recover the amount in full from the bills of the contractor and the contractor will
           not claim any compensation or reimbursement thereof.
      c)   The contractor shall advise in writing or in such appropriate manner to all of its
           employees and any other person engaged by the contractor that their
           appointment/employment is not by the corporation but by the contractor and
           that their present appointment is only in connection with the transportation
           contract     with    the    corporation     and    that   therefore,   such    an
           employment/appointment would not enable or make them eligible for any
           employment/appointment with the corporation either temporarily or/and
           permanent basis.
      d)   The Contractor shall undertake that no person working for them is a foreigner,
           shall enter into the premises declared by the Government as “Protected Place”
           which will include all the Bottling Plant and Refineries.
      e)   The contractor further undertakes to strictly abide by the Defence of India Act
           and Rules and also Motor Vehicles Act, Payment of Wages Act and other
           Labour Regulation in force in the area where he is plying the trucks.
      f)   If, however, any claim is made by any employee of the contractor against the
           Corporation for wages, compensation or any sum or dues, and the corporation
           is made to pay such amount/ compensation, the contractor agrees to indemnify
           the Corporation of all such claims and to pay all the expenses including the
           expenses which the Corporation may incur in defending any proceedings
           pursuant to such claims.
      g)   Un authorised driving of the contractor‟s trucks by his men, who do not posses
           valid heavy vehicle driving licenses within or outside the Corporation‟s
           premises while handling transportation for the Corporation shall not be
           permitted. Contractor shall provide photo identity card to his drivers and
           cleaners.
      h)   The contractor and his men shall abide by the rules and regulations of the
           Corporation and Distributors when they are within the Corporation‟s Bottling
           Plant premises and Distributor‟s premises. All safety precautions as per the
           Corporation‟s rules should be observed by the contractor and his staff/men so
           long as they are within the Corporation‟s Bottling Plant premises.



                                            28             SEAL & SIGNATURE OF BIDDER
      i)       The contractor shall duly introduce the Provident Fund Scheme to the staff
               employed by him, if so required, by Law as envisaged by the provisions of
               employees‟ Provident Fund Act.
      j)       The contractor shall duly introduce the contribution scheme for the employees
               under him, if so required by Law, as envisaged by the provisions of
               Employees‟ State Insurance Act, 1946.
      k)       Transporter should not engage child or bonded labour for handling his work in
               connection with this contract and in line with Government rules and
               regulations.

14.   DAMAGES TO CORPORATION‟S PROPERTY / EMPLOYEE:

            a) The contractor shall remain at all times, liable to the Corporation for any loss or
               damage caused to any building, plant, machinery or property of the
               Corporation due to carelessness, negligence, inexperience or default of the
               contractor, his/their agents, representatives or employees. The Corporation
               shall be the sole judge as regards the quantum of loss or damage and it shall
               be entitled to deduct from the amounts payable hereunder to the contractor the
               cost of the repair or the amount of loss or damage.
            b) The contractor will be liable for any loss, any injury to Corporation‟s employees
               due to careless, negligent, inexperienced act or default of the contractor,
               his/their agents/representatives/employees in carrying out the job under this
               contract.
            c) If any filled cylinder loaded in a truck of the contractor develops leak enroute
               he or his crew shall contact the Bottling Plant In charge immediately and take
               appropriate precautions, corrective actions as directed by the Plant-in-Charge.

15.   INSURANCE:

            a. It is clearly understood that Transit Insurance Coverage if any, shall be the
               sole responsibility and at the cost of the contractor. The Corporation does not
               and will not insure the product under transit risk or reimburse the contractor for
               the same.

           b. The contractor shall ensure that the trucks used for the transportation of the
              product under the agreement are covered by comprehensive insurance policy.
              Under no circumstances the Corporation shall be liable to compensate them for
              any loss or damage that may be caused to the trucks while engaged in the work
              under the agreement.

16.   SUSPENSION OF TRUCKS:

      The corporation reserves the right to suspend the trucks which are suspected to be
      indulging in any sort of malpractice‟s or any other acts not conducive to the interest of
      the Corporation such as misbehavior, dishonesty , disobedience pilferage etc. Such
      truck shall be suspended from the business without giving any reasons and in all such
      cases no compensation will be paid to the contractor.

17.   SPURIOUS / DEFECTIVE CYLINDERS:




                                                29             SEAL & SIGNATURE OF BIDDER
      It shall be the responsibility of the contractor to ensure that no spurious cylinders are
      inducted in our distribution system in the course of transportation of cylinders.
      Contractor is expected to identify spurious cylinders while receiving empties from the
      distributors and in case of doubt about any cylinder, he should note down the serial
      number of the cylinder duly certified by the Distributor. Final identification will be done
      by the Plant concerned. Failing observance of the above procedure, recoveries will be
      made from the contractor for the spurious cylinders at the rate specified in clause 4.of
      this agreement. In all such cases decision of the Corporation will be final and binding
      on the contractor. Notwithstanding anything contained in this clause, the Corporation
      shall have the right to de shape and scrap the spurious cylinder and pressure
      regulators at the sole discretion of the Corporation after giving seven days notice to
      the contractor and contractor shall have no right to question the said act of the
      Corporation.

      It shall be the responsibility of the contractor to ensure that cylinders of other
      marketing oil companies (OMC), are not mixed up while accepting filled cylinder from
      plant and empty cylinder form Distributors. Delivery of OMC cylinders will be
      penalized as per the rates specified above. The identification of OMC cylinder shall
      be ensured on the basis of markings on the stay plates, foot ring, color code etc. of
      cylinder, which is only directional.

18.   PERIOD OF CONTRACT:

      The contract shall be initially for a period of 2(two) years effective………………….
      With an option of renewal for one more year. However, Corporation reserves the right
      to terminate the contract by giving the contractor 3 months advance notice in writing
      without assigning any reason whatsoever. The Corporation, in its absolute discretion
      and without prejudice to its other rights and remedies, may terminate this contract
      forthwith, if the contractor commits a breach of any of the terms and conditions of this
      agreement or the contractor being a firm, any member of the contractor‟s firm is
      adjudicated insolvent or enters into any arrangement or compromise with the
      creditors or if execution or other process is levied or if the road permit issued by the
      transport authorities to the contractor are cancelled or revoked.

19.   RATE ESCAL ATION/ DE-ESCALATION:

      The Corporation will consider an appropriate increase/ decrease in the Schedule of
      Rates during the contractual period in the event of increase/ decrease in price only of
      HSD, resulting from statutory increase/decrease after the due date of opening of
      Unprice Bid.

      The escalation/de-escalation shall be calculated on the basis of:

   a) Avg. consumption of HSD for 150 cyl cap. Truck:          6 Kms / Litre
   b) Avg. consumption of HSD for 300 cyl cap. Truck:          4 Kms / Litre
   c) Avg. consumption of HSD for 450 cyl cap. Truck:          3.2 Kms / Litre

The effective date for revision of rate due to above will be the date of price change for fuel
provided that the decrease/increase in transportation rate works out as 0.02 paisa per
cylinder per RTKM or more. If it is less than 0.02 paise/cyl/RTKM, the revision in



                                              30              SEAL & SIGNATURE OF BIDDER
transportation rate will be made effective from the next date of change of price of fuel when
cumulative effect of all previous changes for which no corresponding revision in
transportation rate has been made, reaches 0.02 paise/cyl/RTKM or more.

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

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

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

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

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

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

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

20.8 The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the parties unless
the Sole Arbitrator otherwise directs in his award with reasons. The lumpsum fees of the Arbitrator
shall be Rs. 40,000/- per case for transportation contracts and Rs. 60,000/- for engineering
contracts and if the sole Arbitrator completes the arbitration including his award within 5




                                                        31                SEAL & SIGNATURE OF BIDDER
months of accepting his appointment, he shall be paid Rs. 10,000/- additionally as bonus.
Reasonable actual expenses for stenographer, etc. will be reimbursed. Fees shall be paid
stagewise i.e. 25% on acceptance, 25% on completion of pleadings/documentation, 25% on
completion of arguments and balance on receipt of award by the parties

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

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

20.11 The Appointing Authority is the Functional Director of Hindustan Petroleum Corporation Limited.
(Note:- * = While printing the GTCs, each Purchasing Authorities at various location, may mention the
correct place before printing the GTC and not leave Clause 20.10 blank or as stated above. Bracketed
portion is to be removed.




Signed and delivered on behalf of                              SIGNATURE OF TENDERER
HPC in the presence of:                                        AND SEAL

                                                               Address Date and Location


Witness:                                                       Witness:




Signed and delivered by the within                             Signed and delivered by the
Named in the presence of                                       within named in the presence of




                                                    32               SEAL & SIGNATURE OF BIDDER
                                  DETAILS OF TRUCK OFFERED

       ALL THE COLUMNS SHALL BE FILLED AND NO COLUMN SHOULD BE
       LEFT BLANK

Sr   Regn. No. of    Owner‟s Name       Capacity    Truck      Engine No.       Chassis No.     Model
     Offered Truck   as per Regn.       (No. of     Owned/                                      (year)
                     Book               14.2 Kg     Attached
                                        Cylinder)




       All above details provided are true correct

                                                Signature of the Tenderer :

                                                Name of the firm            :

                                                & Address with seal         :

       Note:
       1. All above details of the offered trucks are to be provided and if not provided in the above
       table, then the truck shall not be considered. All supporting documents for the offered trucks
       has to be submitted along with the original offer and submission of documents for the offered
       trucks after the due date will not be accepted if otherwise allowed by Corporation.

       2. The Engine No. and Chassis No., as mentioned in the above table has to match with the
       Engine No. and Chassis No mentioned in the RC Book and Insurance Certificate of the



                                                     33            SEAL & SIGNATURE OF BIDDER
concerned truck. Copy of the RC Book and Insurance Certificate of the offered trucks has to
be submitted along with the original offer and any truck offered without the Copy of the RC
Book and Insurance Certificate submitted shall not be accepted.

3. All truck details provided on above table shall confirm to Clause 4(a), 4(b), 4(c) of General
Terms and Conditions.

4. Ownership of the trucks will be accepted strictly in line with the name of registered owner
as mentioned in the RC Book and Insurance Certificate. Tenderers has to attach the
updated copy of RC Books and Insurance Certificate for all the trucks offered against this
Tender or other wise the Tender is liable to be rejected.

5. Copies of RC Books and Insurance Certificate shall be duly attested by Regional
Manager/ Plant Manager.

6. All the bidders should offer minium one number owned trucks as per clause 2 of General
Terms and Conditions.




                                               34             SEAL & SIGNATURE OF BIDDER
                        FORMAT FOR UNDERTAKING
We declare as under:

1.    That the fleet offered under contract to JAMSHEDPUR LPG PLANT has not been
      withdrawn from any other contract with any other PSU Oil Company or any region of
      the IOC/HPC/BPC.

2.    That the vehicles under reference are not attached with any other
      Contractor/Distributor and have not been withdrawn without their prior consent.

3.    That the subject vehicles are not involved in any litigation other than routine cases of
      road accident or any violation of Motor Vehicles Act.

4.    That we have not been black-listed so far by any of the PSU Oil Companies. Also
      none of the trucks offered in this tender has been ever blacklisted by any of the PSU
      Oil Companies.

5.    We further confirm that the details as furnished by us have been verified and found
      correct. We undertake to place the Packed LPG Truck at the disposal of HPCL
      JAMSHEDPUR LPG PLANT in case the contract is awarded in our favour. If any
      information is found to be incorrect the contract if awarded to us shall be liable to be
      cancelled and we shall be liable to pay to the Corporation such damages as the
      Corporation may be put to due to termination of the Contract. We also undertake that
      should there be any action against Corporation resulting in damages of whatsoever
      nature to Corporation on account of award of contract in our favour on the basis of the
      misrepresentations. We shall keep the Corporation completely indemnified against all
      the losses / damages, litigation, court action, etc.




                                        Signature of the Tenderer :....................

                                        Name of the firm               :....................

                                        Address with seal              :....................




                                             35               SEAL & SIGNATURE OF BIDDER
                               FORMAT OF AFFIDAVIT
                      (ON A NON-JUDICIAL STAMP PAPER OF RS.20/-)


I/We _____________________________ S/o Shri._____________________ resident of
_____________________________ do hereby solemnly affirm and declare as under:


1.       That I/We are the owner/s of vehicles details of which are as under;

Sr. No          Truck No.           Engine No.          Chasis No.              Model




2. That I/We understand that pursuant to the tender notice no._________, floated by
   Hindustan Petroleum Corporation Ltd.(HPCL), one M/s ______________________
   submitted their offer for HPCL‟s acceptance and I/we confirm that in the event the offer
   submitted by the said party is accepted, I will give the aforesaid trucks to the said party
   M/s________________ on such terms and conditions as may be agreed by and
   between the said ________________ and me for using such trucks for transportation of
   LPG cylinders with respect to tender terms mentioned in the said tender of HPCL.

3. That I further confirm that during pendency of the agreement which may be signed
   between HPCL and the said M/s__________________ for transportation of LPG
   cylinders, I/we will not allow my aforesaid vehicles to be used for any purpose other than
   the purpose of transporting LPG cylinders by any person other than the said M/s
   ________________ and I/we will not withdraw the said vehicles without prior intimation
   to HPCL in writing.

4. That I/we hereby confirm that in case of breach of the agreement or undertaking given by
   me in the aforesaid manner, if HPCL suffers any loss or damage, irrespective of any
   other right and liberty that HPCL may have to proceed against any other person(s),
   HPCL will have the right to claim such damage from me/us and I/we will be liable to
   make good such loss or damage suffered by HPCL for committing any breach of the
   aforesaid undertaking.


DEPONENT


Verified at ______________________ on ________________________

Notary Public




                                                 36           SEAL & SIGNATURE OF BIDDER
                          FORMAT FOR SC/ST CERTIFICATE
A Tenderer who claims to belong to one of the Scheduled Castes/Scheduled Tribes should
submit a certificate in support of his claim. The certificate must be issued within one year
preceding the date of tender opening for the Packed LPG Transportation contract, in
original, with a copy thereof, in the form given below, from the District Officer or the Sub -
Divisional Officer or any other officer, as indicated in the list below, of the district in which his
parents (or surviving parents) ordinarily reside. If both his parents are dead, the officer
signing the certificates should be of the district in which the Tenderers himself ordinarily
resides otherwise than for the purpose of his own education. The following standard format
is to be used for the purpose.


                                                   FORMAT


This is to certify that Shri/Smt/ Kumari*....................... son/ daughter * of ............................ of
village / town*................... in District/Division*................ of the State/Union Territory* of
.................. belongs to the ....................... Caste/Tribes which is recognised as Schedule
Caste/ schedule Tribe under:

The Constitution (Scheduled Castes) Order, 1950*
The Constitution (Scheduled Tribes) Order, 1950*
The Constitution (Scheduled Castes) (Union Territories) Order, 1951*
The Constitution (Scheduled Tribes) (Union Territories) Order, 1951*
As amended by the SCs and Sts (modification Order, 1956, the Bombay Re-organisation
Act, 1960*. The Punjab Re-organisation Act, 1970, the North Eastern Areas (Re-
organisation), Act, 1971 and the SC and ST Order (Amendment), Act, 1976.*
The Constitution (Jammu & Kashmir) Scheduled Castes Order, 1956*
The Constitution (Andaman & Nicobar Islands) Scheduled Castes Order, 1959 as amended
by SCs and STs Order (Amendment) Act, 1976.*
The Constitution (Dadra & Nagar Heveli) Scheduled Castes Order, 1962*
The Constitution (Pondicherry) Scheduled Castes Order, 1964*
The Constitution (Uttar Pradesh) Scheduled Tribes Order, 1967*
The Constitution (Nagaland) Scheduled Tribes Order, 1970*
The Constitution (Goa Daman and Diu) Scheduled Castes Order, 1968*
The Constitution (Goa Daman and Diu) Scheduled Tribes Order, 1968*
The Constitution (Sikkim) Scheduled Castes Order, 1978*
The Constitution (Sikkim) Scheduled Tribes Order, 1978*



Place ...........                Signature ...........
Date ............                Designation..........
                                                (With Seal of Office)
                                                State/Union Territory*
Please delete the Acts/words which are not applicable.



                                                        37                SEAL & SIGNATURE OF BIDDER
                                                                              ATTACHMENT I
                                       AGREEMENT

No.                                                                          Dated:

       To,

       HINDUSTAN PETROLEUM CORPORATION LIMITED

              Sub: Purchase of Bidding Documents

              Ref: Tender no EZ-LPG/09-10/008 dated 05.03.10

HPCL and the Bidder agree that the Notice Inviting Tender (NIT) is an offer made on the
condition that the bidder will sign the Integrity Pact and the Bid would be kept open in the
original form without variation or modification for a period of 180 days and the making of the
bid shall be regarded as an unconditional and absolute acceptance of this condition of the
NIT.

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

The consideration for this separate initial contract preceding the main contract is that HPCL
is not agreeable to sell the NIT to the Bidder and to consider the bid to be made except on
the condition that the bid shall be kept open for 180 days after the last date fixed for the
receipt of the bids and the Bidder desires to make a bid on this condition and after entering
into this separate initial contract with HPCL.

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

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



Yours faithfully,                                  Yours faithfully,



(BIDDER)                                           (PURCHASER)



(One copy of this agreement duly signed must be returned along with offer)




                                              38                SEAL & SIGNATURE OF BIDDER
                                                                                 ATTACHMENT II
                                  (To be executed on plain paper).

                                          INTEGRITY PACT

                                               Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as “The Principal”,

and

-------------------------------------------- hereinafter referred to as “The Bidder/Contractor”

                                               Preamble

The Principal intends to award, under laid down organization procedures, contract/s for
Transportation of Packed LPG Cylinder. The Principal values full compliance with all
relevant Laws and regulations, and the principles of economic use of resources, and of
fairness and transparency in its relations with its Bidder / s and Contractor / s.

In order to achieve these goals, the Principal cooperates with the renowned international
Non-Governmental Organisation “Transparency International” (TI). Following TI‟s national
and international experience, the Principal will appoint an external independent Monitor who
will monitor the tender process and the execution of the contract for compliance with the
principles mentioned above.

                           Section 1 – Commitments of the Principal

   (1)     The Principal commits itself to take all measures necessary to prevent corruption
           and to observe the following principles:

           1. No employee of the Principal, personally or through family members, will in
              connection with the tender for, or the execution of a contract, demand, take a
              promise for or accept, for himself/herself or third person, any material or
              immaterial benefit which he/she is not legally entitled to.

           2. The Principal will, during the tender process treat all Bidders with equity and
              reason. The Principal will in particular, before and during the tender process,
              provide to all Bidders the same information and will not provide to any Bidder
              confidential / additional information through which the Bidder could obtain an
              advantage in relation to the tender process or the contract execution.
           3. The Principal will exclude from the process all known prejudiced persons.


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




                                                   39               SEAL & SIGNATURE OF BIDDER
                 Section 2 – Commitments of the Bidder / Contractor

   (1) The Bidder / Contractor itself to take all measures necessary to prevent corruption.
       He commits himself to observe following principles during his participation in the
       tender process and during the contract execution.

         1. The Bidder / Contractor will not, directly or through any other person or firm,
            offer, promise or give to any of the Principal‟s employees involved in the tender
            process or the execution of the contract or to any third person any material or
            immaterial benefit which he/she is not legally entitled to, in order to obtain in
            exchange any advantage of any kind whatsoever during the tender process or
            during the execution of the contract.

         2. The Bidder / contractor will not enter with other Bidders into any undisclosed
            agreement or understanding, whether formal or informal. This applies in
            particular to prices, specifications, certifications, subsidiary contract,
            submission or non-submission of bids or any other actions to restrict
            competitiveness or to introduce cartelization in the bidding process.

         3. The Bidder / Contractor will not commit any offence under the relevant Anti-
            corruption Laws of India; further the Bidder / Contractor will not use improperly,
            for purposes of competition or personal gain, or pass on to others, any
            information or document provided by the Principal as part of the business
            relationship, regarding plans, technical proposals and business details,
            including information contained or transmitted electronically.

         4. The Bidder / Contractor will, when presenting his bid, disclose any and all
            payment he has made, is committed to or intends to make to agents, brokers
            or any other intermediaries in connection with the award of the contract.


   (2) The Bidder / contractor will not instigate third persons to commit offences outlined
       above or be an accessory to such offences.

Section 3 – Disqualification from tender process and exclusion from future contracts

If the Bidder, before contract award has committed a transgression through a violation of
Section 2 or any other form such as to put his reliability or creditability as Bidder into
question, the Principal is entitled to disqualify the Bidder from the tender process or to
terminate the contract, if already signed, for such reason.

   (1)   If the Bidder / Contractor has committed a transgression through a violation of
         Section 2 or any other form such as to put his reliability or creditability as Bidder
         into question, the Principal is entitled also to exclude the Bidder / Contractor from
         future contract award process. The imposition and duration of the exclusion will be
         determined by the severity of the transgression. The severity will be determined by
         the circumstances of the case, in particular the number of transgressions, the
         position of the transgressors within the company hierarchy of the Bidder and the
         amount of the damage. The exclusion will be imposed for a minimum 6 months
         and maximum of 3 years.



                                             40             SEAL & SIGNATURE OF BIDDER
(2)     A transgression is considered to have occurred if the Principal after due
        consideration of the available evidence, concludes that no reasonable doubt is
        possible.

(3)     The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute
        right to resort to and impose such execution and further accepts and undertakes
        not to challenge or question such exclusion on any ground, including the lack of
        any hearing before decision to resort to such exclusion is taken. This undertaking
        is given freely and after obtaining independent legal advice.

(4)     If the Bidder / Contractor can prove that he has restored / recouped the damage
        caused by him and has installed a suitable corruption prevention system, the
        Principal may revoke the exclusion prematurely.

                       Section 4 – Compensation for Damages

(1)     If the Principal has disqualified the Bidder from the tender process prior to the
        award according to Section 3, the Principal is entitled to demand and recover from
        the bidder liquidated damages equivalent to Earnest Money Deposit / Bid Security.

(2)     If the Principal has terminated the contract according to Section 3, or if the
        Principal is entitled to terminate the contract according to Section 3, the Principal
        shall be entitled to demand and recover from the Contractor liquidated damages
        equivalent to Security Deposit / Performance Bank gurantee.

(3)     The Bidder agrees and undertakes to pay the said amounts without protest or
        demur subject only to condition that if the Bidder / Contractor can prove and
        establish that the exclusion of the Bidder from the tender process or the
        termination of the contract after the contract award has caused no damage or less
        damage than the amount of the liquidated damages, the Bidder / Contractor shall
        compensate the Principle only to the extent of the damage in the amount proved.

                         Section 5 – Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with
    any other Company in any country conforming to the TI approach or with any other
    Public Sector Enterprise in India that could justify his exclusion from the tender
    process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from
    the tender process or the contract, if already awarded, can be terminated for such
    reason.


      Section 6 – Equal treatment of all Bidders / Contractors / Subcontractors

(1) The Bidder / Contractor undertakes to demand from all subcontractors a commitment
    in conformity with this Integrity Pact, and to submit it to the Principal before contract
    signing.



                                            41             SEAL & SIGNATURE OF BIDDER
   (2) The Principal will enter into agreements with identical conditions as this one with all
       Bidders, Contractors and Subcontractors.

   (3) The Principal will disqualify from the tender process all bidders who do not sign this
       Pact or violets its provisions.

Section 7 – Criminal charges against violating Bidders / Contractors / Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of
an employee or a representative or an associate of a Bidder, Contractor or Subcontractor
which constitutes corruption, or if the Principal will inform the Vigilance Office.

Section 8 – External Independent Monitor / Monitors (three in number depending on
the size of contract)
(to be decided by the Chairperson of the Principal)

(1) The Principal appoints competent and credible external independent Monitor for this
Pact. The task of the Monitor is to review independently and objectivity, whether and to what
extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Chairperson of the
Board of the Principal.

(3) The Contractors accepts that the Monitor has the right to access without restriction to all
Project documentation of the Principal including that provided by the contractor. The
Contractor will also grant the Monitor, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to this project documentation. The same is applicable
to Subcontractors. The Monitor is under contractual obligation to treat the information and
documents of the Bidder/ Contractor with confidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Principal and the Contractor. The parties offer to the
Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he
will so inform the Management of the Principal and request the Management to discontinue
or heal the violation, or to take other relevant action. The Monitor can in this regard submit
non-binding recommendation. Beyond this, the Monitor has no right to demand from the
parties that they act in a specific manner, refrain from action or tolerate action. However, the
independent External Monitor shall give an opportunity to the bidder/ contractor to present its
case before making its recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal
within 8 to 10 weeks from the date of reference or intimation to him by the „Principal‟ and,
should the occasion arise, submit proposals for correcting problematic situations.




                                               42             SEAL & SIGNATURE OF BIDDER
(7) Monitor shall be entitled to compensation on the same terms as being extended to/
provided to Outside Expert Committee members/ Chairman as prevailing with Principal.

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of
an offence under relevant Anti- Corruption Laws of India, and the Chairperson has not,
within reasonable time, taken visible action to proceed against such offence or reported it to
the Vigilance Office, the Monitor may also transit this information directly to the Central
Vigilance Commissioner, Government of India.

(9) The word „Monitor‟ would include both singular and plural.

Section 9 – Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12
months after the last payment under the respective contract, and for all other Bidders 6
months after the contract has been awarded.

If any claim is made/ lodged during this time, the same shall be binding and continue to be
valid despite the lapse of this pact as specified above, unless it is discharged/ determined by
Chairperson of the Principal.

Section 10 – Other Provisions

(1) This agreement is subjected to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main
tender document/ contract shall not be applicable for any issue/ dispute arising under
Integrity Pact.

(2) Changes and supplements as well as termination notices need to be made in writing.
Side agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all
partners or consortium members.

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




_____________________                              __________________________
For the Principal                                  For the Bidder/ Contractor


Place________________                      Witness 1:______________________

Date_________________                      Witness 2: _____________________




                                              43             SEAL & SIGNATURE OF BIDDER

				
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