"Format of Marriage Certificate"
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