manufacture & supply of hdpe containers of various...

Signature & Seal of Tenderer Page 0 of 51

Date: 07/03/2014

Corrigendum II - for Tender No 13000220-HD-14001 dated

12/02/2014

Subject : Manufacture & Supply of HDPE

Containers of various sizes at HPCL’s Silvassa Terminal as

per specifications attached in Tender

Extended Due Date & Time for Receipt of Tender : 13/03/2014 at 15.00 HRS

Extended Date & Time of Opening of Technical Bid : 13/03/2014 at 15.30 HRS

Dear Sir,

All prospective Bidders may please note that as a result of the issues/queries raised and discussed

during the Pre-Bid meeting against this tender, which have been reviewed and deliberated upon by

HPCL , corrigendum is being hereby issued incorporating appending Minutes of the Pre Bid

Meeting held on 20-2-2014. The original tender document remains unchanged.

Bidders who may have already submitted their Bids, may resubmit their Bid in line with the

Tender document as well as attached herewith , if they wish to. In such a case, only the

revised bid shall be accepted and considered for evaluation. However, Integrity Pact

attached to the original bid shall be accepted.

All revisions ,clarifications ,corrigenda, addenda ,time extensions etc., to the tender will be

hosted on HPCL website (www.hindustanpetroleum.com) only. Bidders should regularly

visit this website to keep themselves updated.

http://www.hindustanpetroleum.com/

HINDUSTAN PETROLEUM CORP. LTD. Tender No 13000220- HD - 14001


MINUTES OF MEETING HELD ON 20-02-2014 AT HINDUSTAN BHAWAN

SUBJECT : PRE BID AGAINST PUBLIC TENDER 13000220-HD-14001 FOR SUPPLY

OF VARIOUS SIZES HDPE CONTAINERS AT HPCL SILVASSA TERMINAL

A Pre –Bid meeting for the above mentioned Public Tender was held at HPCL, Hindustan

Bhawan, HB-1 at 1100 Hrs on 20-02-2014, the following members have attended the meeting :

PARTICIPANTS (HPCL): 1. Shri H.Padmanabhan, Ch.Procurement Manager(DS)

2. Shri K. Tekchandani, Sr.Manager(P&D)

3. Shri Sanjay Apte, Dy.Manager(DS)

PROSPECTIVE BIDDERS

1. Premier Seals (I) P Ltd., Pune, [email protected]

2. Mr. Nirav Shah, Rajdeep Cans Pvt. Ltd., [email protected]

Mr. Deepesh Shah, Rajdeep Cans Pvt. Ltd.

3. Bright Industries – Mr. P.V. Ratankumar, [email protected]

4. Badve Engineering Ltd., Pune –Mr Amol Vijay Joshi, [email protected]

Chief Manager Procurement welcomed the prospective bidders and made a powerpoint

presentation on the salient points wrt the public tender. Thereafter there was a question and

response session which is reproduced as under :

Query) What is a impact of Vat set off with regard to tender evaluation.

Response) Tender states that The Net Delivered cost will be arrived at deducting MODVAT Credit

and VAT Setoff . For supplies to Silvassa Terminal, tender shall be evaluated as per Tender Terms

& Conditions.

Query) What is Amortization and significance of amortization.

Response) " The cost of amortization is used as a notional entry for Cost build up at the Molder's

end. HPCL does not reimburse the same to molder as raised in respective invoices. The objective

of the same is to apportion cost of the mold to per shot of the bottle- since the mold being used as

a part of molding machine and process. Financial repercussion of the same amounts to incremental

excise duty payment at the molder's end and equivalent set off credit availing by the purchaser."

The same has no bearing on the final evaluation against the tender.

Query) Will Security Deposit will be applicable againt the tender ?

Response) Yes. SD will be applicable against the tender.

Query ) Will delay in supplies due to non availability of raw material at any time during order

execution period will be considered.

Response) Please be guided by Tender Terms & Conditions.

Query ) Is HPCL is having double cavity machine compatible mould so that production of

containers can be accelerated.

Response ) It is confirmed that the existing moulds are with single cavity however the proposal

with double or more cavity is under consideration. It may take a year or two to finalise and

implement. For the current tender, bidder may quote considering single cavity machine.

Meeting concluded with a vote of thanks.

mailto:[email protected]





Date: 28/02/2014

Corrigendum I - for Tender No 13000220-HD-14001 dated

12/02/2014

Subject : Manufacture & Supply of HDPE

Containers of various sizes at HPCL’s Silvassa Terminal as

per specifications attached in Tender

Extended Due Date & Time for Receipt of Tender : 13/03/2014 at 15.00 HRS

Extended Date & Time of Opening of Technical Bid : 13/03/2014 at 15.30 HRS

Dear Sir,

All prospective Bidders may please note that all the issues/queries raised and discussed during the

subject Pre-Bid meeting are being reviewed and deliberated upon by HPCL and suitable

corrigendum shall be issued shortly.

In view of the above and pending issue of Corrigendum, the due date of the tender is hereby

further extended to 13/03/2014.

Bidders who may have already submitted their Bids, may resubmit their Bid in line with the

Revised Tender document attached herewith , if they wish to. In such a case, only the revised

bid shall be accepted and considered for evaluation. However, the EMD and Integrity Pact

attached to the original bid shall be accepted.

All revisions ,clarifications ,corrigenda, addenda ,time extensions etc., to the tender will be

hosted on HPCL website (www.hindustanpetroleum.com) only. Bidders should regularly

visit this website to keep themselves updated.




HINDUSTAN PETROLEUM CORPORATION LIMITED

DIRECT SALES DEPARTMENT

Hindustan Bhavan,

2nd

Floor, 8, Shoorji Vallabhdas Marg

Ballard Estate, Mumbai 400 001

Tel No : 22637280/22637217

Fax No : 22671077 / 22637283

Email : [email protected]

Tender No: 13000220-HD-14001

Tender Document For

Manufacture & Supply of HDPE Containers of various sizes at HPCL’s

Silvassa Terminal as per specifications attached in Tender

Due Date & Time for Receipt of Tender : 06/03/2014 at 15.00 HRS

13/03/2014

Date & Time of Opening of Technical Bid : 06/03/2014 at 15.30 HRS

13/03/2014



HINDUSTAN PETROLEUM CORPORATION LTD DIRECT SALES SBU, 2ND FLOOR, HINDUSTAN BHAVAN, 8, SHOORJI VALLABHDAS MARG BALLARD ESTATE, MUMBAI - 400001 TEL: 91 – 22 – 22637280, 22637217 FAX No: 91 – 22 – 22671077 / 22637283

COVERING LETTER

REF: LUB/PUR/HP/MM Dated: 12.02.2014.

PUBLIC-TENDER NO : 13000220-HD-14001

DUE DATE : 06/03/2014 @ 15:00 HRS

13/03/2014

SUBJECT : Manufacture & Supply of Various sizes of HDPE

Containers at HPCL’s Silvassa Terminal as per

specifications attached in Tender

EMD : Rs NIL

Contract Period : 3 Years Pre- Bid Meeting : on 20/02/2014

Dear Sir,

We invite most competitive bids from Micro and Small Scale Enterprises (MSE) for manufacture

and supply of HDPE Containers of various sizes as per our requirement tabled below, strictly as

per attached specifications to our HPCL‟s Silvassa Terminal for a period of 36 months from the

date of placement of order. Only Micro and Small Enterprises registered with District Industries

Centers or Khadi and Village Industries Commissioner or Khadi and Village Industries Board or

Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom

or any other body specified by Ministry of Micro, SmaIl and Medium Enterprises are eligible to

participate in this tender.



Quantity and No. of vendor required as under :

Item : HDPE

Container

3 year Quantity

required (Nos)

No of vendors

required

Ratio of award of business

(Percentage % )

250 ML HDPE 45,00,000 2 60 : 40

500 ML HDPE 30,00,000 2 60 : 40

1LITR HDPE 120,00,000 3 50:30:20

3.5 LTR HDPE 3,00,000 1 100

5 LITRE HDPE 3,00,000 1 100

Quantity required at : Hindustan Petroleum Corporation Limited Silvassa Lube Terminal, HPCL, Survey No: 220/1, 220/2, Behind Kherdi Police Check, Khanvel Udva Road, Dist: Khanvel, P O- Kherdi, Dadra & Nagar Haveli, Pin 396 230.

Bid should be submitted in “Two Bid System” (Unpriced Bid & Priced Bid) as under:

Tender Documents to be submitted with Unpriced Bid should sealed in Envelope Marked

“UNPRICED BID” and Priced Bid is to sealed in a separate envelope marked “PRICED

BID”. Both these sealed envelopes shall be submitted in a common envelope and dropped

in “Tender Box for Direct Sales” located in the Ground Floor at , Hindustan Bhawan,

Hindustan Petroleum Corporation Limited, Hindustan Bhavan, 8, Shoorji Vallabhdas Marg,

Ballard Estate, Mumbai - 400 001 on or before the due date and time of the tender.

ALL REVISIONS, CLARIFICATIONS, CORRIGENDA, ADDENDA, TIME

EXTENSIONS ETC.,TO THE TENDER WILL BE HOSTED ON HPCL WEBSITE

(www.hindustanpetroleum.com) ONLY. BIDDERS SHOULD REGULARLY VISIT THIS

WEBSITE TO KEEP THEMSELVES UPDATED.

The various documents to be submitted (duly signed and stamped by the tenderers) along with the

tender, are as follows:

Annexure I Pre Qualification Criteria

Annexure II Scope of Work TO BE SUBMITTED

ALONGWITH THE

UNPRICED BID

SEALED ENVELOPE

Annexure III Unpriced Bid

Annexure IV Tender Terms & Conditions

Annexure V Format for Bank Guarantee in lieu of EMD

Annexure VI Declaration 1,2,3,4, 5,6

Annexure VII Deviation Sheet

Annexure VIII Tenderers Details

Annexure IX Statutory Documents Attachment

Annexure X Integrity Pact

Annexure XI Technical Specifications

Annexure XII Price Bid TO BE SUBMITTED IN

SEALED ENVELOPE




The Vendor can offer whichever item they wish to participate in, in this tender. Please note that

the bidder must offer minimum percentage of tendered quantity for each of the items equivalent to

Lot 1 quantities stated as under. The offers received with less than said percentage of tendered

quantity shall be rejected for that Item.

ITEMS %AGE OF

TENDERED QTY.

250 ML HDPE 60%

500 ML HDPE 60%

1 LTR HDPE 50%

3.5 LTR HDPE 100%

5 LTR HDPE 100%

Notes:

1. An Index of the whole set of Tender Documents including all attachments with respective

page nos. is to be attached as first page of your Bid Response.

2. If filled Priced Bid is found to in the un-priced bid envelope, the Bid shall be rejected. 3. MSE Parties should submit their duly Notarised copy of MSE Certificate, else their bid will

be liable to be rejected.

4. If any discrepancy is observed in the %age of duties and levies quoted in the „Priced Bid‟

and „Unpriced Bid‟, the %ages quoted in the unpriced Bid shall prevail.

5. HPCL reserves the right to accept or reject any document at its discretion.

6. All entries and rates in the tender must be clear.

7. Purchase order will be finalized on item wise lowest. Number of Suppliers (and ratio)

required for each item is indicated on 1st page. Purchase orders will be placed on

tenderers in the order of original ranking basis the Net delivered rates inclusive of

applicable taxes and levies.

8. Tenders will be opened in the presence of attending tenderers at 3.30 PM on due date

indicated above.

9. Late tenders / delayed tenders received after the stipulated last date & time for receipt

of tenders, due to any reason including postal delay, will not be considered.

10. Tenderers are advised in their own interest to quote strictly as per Terms and

Conditions of the Tender and not to add any conditions of their own or to modify the

terms and conditions stipulated in the Tender. In case of any deviations to the Tender

Terms & Conditions, the same should be submitted separately as per Annexure VII of

the tender document.

HPCL reserves the right to accept or decline any proposed deviation.

11. This tender is governed by Greivance Redressal Mechanism as prescribed in HPCL Website:

www.hindustanpetroleum.com

12. HPCL reserves the right to accept or reject any tender in part or full without assigning any

reason whatsoever.

13. The Integrity Pact duly signed by the authorized official of HPCL and the Contractor, will

form part of this contract / supply order.




Proforma of Integrity Pact (which is issued along with the bidding document) shall be returned

by the bidder along with 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 Integrity Pact, HPCL shall be entitled to demand and

recover from bidder Liquidated damages amount by forfeiting the 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.

A Pre Bid meeting will be held on 20/02/2014 at, HPCL , Hindustan Bhawan, Ballard Estate,

Mumbai 1, at 11.30 Hours. All interested vendors are encouraged to attend the pre-bid

meeting.

For Queries pertaining to the tender please contact the following persons:

Regarding Specifications:

Mr. Kapil Tekchandani

Sr.Manager-Package Development

Tel: (022)-22637206

Regarding Tender/Commercial: Ms Sanjay Apte

Dy.Manager-Purchase (DS)

Tel: (022)-22637223

Thanking you,

Very Truly Yours,

H. Padmanabhan

Ch. Manager - Procurement (DS)



Annexure I

PRE –QUALIFICATION CRITERIA:

Tenderers who fulfill the following Minimum Qualifying Requirement may submit their offer

against above tender with following supporting documents :

1. Average Annual Financial Turnover of the previous 3 financial years viz. 2010-2011, 2011-2012 & 2012-2013 should not be less than Rs. 150 Lakhs. For evaluation of turnover,

a Notarised copy of audited Profit & Loss Statement for the last 3 years viz. 2010-2011, 2011-2012 & 2012-2013 should be submitted.

2. Technical: The applicant should have the experience of having successfully competed similar work

during the last 7 years ending last day of the month previous to the one in which applications are

invited, which experience should be any one of the following;

A. Three similar completed works, each costing not less than the amount = Rs 80 Lakhs each

(or)

B. Two completed works, each costing not less than the amount =Rs 100 Lakhs each (or)

C. One similar completed work, costing not less than the amount = Rs 160 Lakhs

Similar Works:

For the purpose of this tender, Manufacturing and supply of Blow Moulded HDPE containers of

sizes ranging from 50 ml to 5 liter suitable for filling liquid products will be considered as similar

works.

Please submit the copy of Purchase Orders or Work Orders or Certificate/Letter from end user

stating that the PO/ Work Order have been completed satisfactorily.

3. EMD : NIL

4. Affiliates: Only one affiliate should apply.

Parties who are affiliates of one another can decide which Affiliate will make a bid. Only one

affiliate may submit a bid. Two or more affiliates are not permitted to make separate bids directly

or indirectly. If 2 or more affiliates submit a bid, then any one or all of them are liable for

disqualification. However upto 3 affiliates may make a joint bid as a consortium, and in which

case the conditions applicable to a consortium shall apply to them.

“Affiliate” of a Party shall mean any company or legal entity which:

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

(b) which is controlled directly or indirectly by a Party; or

(c) is directly or indirectly controlled by a company, legal entity or partnership which directly

or indirectly controls a Party.



“Control” means actual control or ownership of at least a 50% voting or other controlling interest

that gives the power to direct, or cause the direction of, the management and material business

decisions of the controlled entity.

Bids may be submitted by:

a) a single person/ entity (called sole bidder);

b) a newly formed incorporated joint venture (JV) which has not completed 3 financial years

from the date of commencement of business;

c) a consortium (including an unincorporated JV) having a maximum of 3 (three) members;

Fulfillment of Eligibility criteria and certain additional conditions in respect of each of the above 3

types of bidders is stated below, respectively:

a) The sole bidder (including an incorporated JV which has completed 3 financial years after

date of commencement of business) shall fulfil each eligibility criteria.

b) In case the bidder is a newly formed and incorporated joint venture and which has not

completed three financial years from the date of commencement of business, then either the said

JV shall fulfil each eligibility criteria or any one constituent member/ promoter of such a JV shall

fulfil each eligibility criteria. If the bid is received with the proposal that one constituent member/

promoter fulfils each eligibility criteria, then this member/promoter shall be clearly identified and

he/it shall assume all obligations under the contract and provide such comfort letter/guarantees as

may be required by Owner. The guarantees shall cover inter alia the commitment of the member/

promoter to complete the entire work in all respects and in a timely fashion, being bound by all the

obligations under the contract, an undertaking to provide all necessary technical and financial

support to the JV to ensure completion of the contract when awarded, an undertaking not to

withdraw from the JV till completion of the work, etc.

c) In case the bidder(s) is/are a consortium (including an unincorporated JV), then the

following conditions shall apply:

1) Each member in a consortium may only be a legal entity and not an individual person;

2) the Bid shall specifically identify and describe each member of the consortium;

3) the consortium member descriptions shall indicate what type of legal entity the member is and

its jurisdiction of incorporation (or of establishment as a legal entity other than as a corporation)

and provide evidence by a copy of the articles of incorporation (or equivalent documents);

4) One participant member of the consortium shall be identified as the “ prime member” and

contracting entity for the consortium;

5) this prime member shall be solely responsible for all aspects of the Bid/Proposal including the

execution of all tasks and performance of all consortium obligations;

6) the prime member shall fulfil each eligibility criteria;

7) a commitment shall be given from each of the consortium members in the form of a letter

signed by a duly authorized officer clearly identifying the role of the member in the Bid and the

member‟ commitment to perform all relevant tasks and obligations in support of the Prime/lead

member of the Consortium and a commitment not to withdraw from the

Consortium;

8) No change shall be permitted in the number, nature or share holding pattern of the Consortium

members after pre-qualification, without the prior written permission of HPCL.



9) No change in project plans, timetables or pricing will be permitted as a consequence of any

withdrawal or failure to perform by a consortium member;

10) No consortium member shall hold less than 25% stake in a consortium;

11) Entities which are affiliates of one another are allowed to bid either as a sole bidder or as a

consortium only;

12) Any person or entity can bid either singly or as a member of only one consortium.

HPCL reserves the right to accept or reject any document at its discretion.

Bids not meeting the above Pre-Qualification Criteria will be rejected.



Annexure II

SCOPE OF WORK :

1. Scope of supply of HDPE container will include manufacture of containers conforming to

HPCL Specifications, Quality Checks, Labeling, Packing, Forwarding and transportation

including unloading & stacking the materials at HPCL‟s Silvassa Terminal.

2. Rates for supply of HDPE Containers will be quoted by tenderers based on delivered rate

including cost of raw material (Reliance Polymer Grade B56003), Conversion Cost, labeling

cost, Excise Duty, Taxes and other statutory levies, Octroi for Silvassa Terminal, freight/

transportation charges, packing /forwarding, loading & unloading etc.

3. Existing suppliers of HPCL, if successful in tender, shall commence supply within one week

of issuance of LOI by HPCL as per Call – ups from locations. Successful tenderers who have

not supplied similar material to HPCL earlier shall commence supply within 15 days time

from the date of issuance of LOI by HPCL as per Call – ups from locations.

4. Tenderers shall paste the labels to the containers by using label applicator only. No

manual pasting shall be done. HPCL will inspect the auto labeling machine as a part of

technical evaluation if required. Self-adhesive Labels for application shall be provided by

HPCL locations. Necessary arrangements for uplifting the same shall be done by the tenderer

at their own cost.

5. Tenderers shall do leakage testing for 100% containers on online leak detector machine & shall

supply only containers which are passing the online leakage test.

MANUFACTURING FACILITY AND OTHER TERMS AND CONDITIONS :

1. Tenderer should have in their manufacturing plant, the required number of blow moulding

machines along with minimum 30 point parison programming system suitable for HPCL

owned moulds and on-line air leakage detecting system.

2. The blow moulding machines should have an arrangement to introduce a view strip of 6 mm

width into the container.

3. The tenderer should have the necessary machinery required for the manufacturing, testing and

label pasting of the containers. All the equipment required should be owned by the tenderer.

4. Vendor Inspection may be carried out at Vendor‟s premises in order to ensure that necessary

Machinery required for manufacturing, testing, and Label Pasting of the container is available

at the Vendor‟s premises. Only those vendors who are technically qualified as per the

Vendor‟s Site Inspection Report will be considered for Priced Bid opening. The tenderer

should offer & able to supply the quantity not less than 100% of the quantity tendered.



5. The tenderer should have the necessary machinery required for the manufacturing, testing and

label pasting of the containers. All the equipment required should be owned by the tenderer.

6. The tenderer should provide the concurrent commitment and give an undertaking that the

installed capacity is capable of supplying to HPCL considering the concurrent commitments.

7. Vendor should quote for Container with labeling/ label pasting. The stickers / labels for pasting

onto containers shall be provided ex-HPCL, Silvassa Terminal. Necessary arrangement for up-

lifting and pasting of the labels shall be made by vendor at his own cost.

8. Unloading and Stacking of the containers is in the scope of the vendor

9. Tenderer should have a separate Packaging Testing Laboratory along with technicians.

Technicians should be able to carry out testing such as drop test, top load test, vibration test,

stacking test, MFI etc. as per standard methods within their premises. QC test report should be

provided with each consignment

10. Tenderer should have following Statutory Licence for the factory from which they offered /

supply:

a) Factory Licence, b) Local Sales Tax No, c)EXCISE Registration Details

d) PF e) CST No. g) Approval of Factory from Pollution Control Board

11. The vendor should have proper Safety, Health & Environment Policy.

12. The vendor should maintain Good Housekeeping.

13. The containers to be supplied shall be mainly of ten different colours. For colouring the

containers, Either Clariant or its equivalent master batches as specified by HPCL shall be used after

prior intimation and approval by HPCL. There will be approx. 5 nos of Non premium & 5 nos. of

Premium colors. The vendor can consider price of Non-premium color master batches between Rs. 250

to Rs. 300 with y.o.y price escalation of 15% & that of Premium color master batches between Rs. 500

to Rs. 600 with y.o.y price escalation of 15% .

14. Necessary mould to manufacture containers of various sizes shall be provided by HPCL.

Successful Tenderers / suppliers have to submit Bank Guarantee as mentioned below:

- @ Rs 1,90,000/- per mould for 4 Ltr & 5 Ltr

- @ Rs.1,80,000/- per mould for 3.5 Ltr

- @ Rs. 70,000/- per mould for 1 Ltr

- @ Rs. 50,000/- per mould for 250ml & 500ml

drawn from any Schedule/Nationalised Bank (Other than Cooperative Bank) valid for 39

months from the date of Purchase Order against any damage to the mould during the

possession and retention of the same. After continuous use of the mould, if minor repairing of

the same is required, the same has to be arranged by the successful Tenderer / supplier at his

own cost. The maintenance of mould should be done properly; there should not be any

corrosion & damage to the mould.



15. Final Mould Amortization cost is as follows:

Sr. No. Moulds Amortization Cost (Rs.)/ Container

1 250 ML HDPE 0.023

2 500 ML HDPE 0.025

3 1LITR HDPE 0.032

4 3.5 LTR HDPE 0.675

5 5 LITRE HDPE 0.214

16. Containers should be supplied in appropriate LDPE Bags with 2 ply corrugated sheet to

protect from dust and water and give support. All containers should be brand new with

adequate internal cleanliness to permit filling of containers with high grade lubricating oils

without any further cleaning. The packing must offer adequate protection to the HDPE containers

during transit & storage so that the material arrives at the HPCL facility in an undamage & stable

condition. Packaging material shall be new, clean, dry, no off-odours & of sufficient thickness to avoid

damage or load destabilisation under normal handling condition. (Quoted rate shall include cost of

packing for bottles)

17. Vendors should quote for container with labeling. The sticker/ labels for containers shall be

provided by ex-HPCL, Silvassa Terminal for pasting. Necessary arrangement for up-lifting

and pasting of the labels shall be made by vendor.

18. In case the supplied material does not meet our specifications & delivery schedule (as per call

ups given by location) then the whole lot will be rejected after puncturing.

19. In case of rejection of HDPE Container after supply and before filling or during filling, cost of

HDPE Container, cost of sticker/ labels & product shall be deducted from the supplier‟s bills.

20. Acceptance of Tenderers: HPCL reserves the right to accept any tender in whole or in part or

reject any or all tenders without assigning any reason. The decision of HPCL in this

connection shall be final. Bids that do not meet the Tender Terms and conditions are

liable to be rejected.



Annexure III

UNPRICED BID - I




specifications attached in Tender. To be Filled by Tenderer:

Item

(HDPE

Container)

(A)

Tendered

Quantity

in nos for 3

Years

(B)

Total

Minimum

quantity

(nos) should

be offered

for 3 Years

(C)

Peak

Quantity

required in

a month

(nos)

(D)

Total

Quantity

offered by

Tenderer

(Nos)-

(minimum

of C

quantity

should be

offered)

(E)

Quantity

Offered per

month.

(minimum

of D

quantity

should be

offered)

(F)

250 ML HDPE 45,00,000 27,00,000 1,12,500

500 ML HDPE 30,00,000 18,00,000 75,000

1LITR HDPE 120,00,000 60,00,000 2,50,000

3.5 LTR HDPE 3,00,000 3,00,000 12,500

5 LITRE HDPE 3,00,000 3,00,000 12,500

Note:

The numbers stated in Column C & D above reflect the quantity that will be required from the L1

Party. Quantity required against Column C & D from L2/L3 parties shall be prorata quantity as

per quantity distribution ratio as stated in covering letter of the Tender.

The quantity stated in Column D of the above Table represents the peak demand required in a

month from the L-1 Party and the average demand will be approx.. 63% of the peak demand..

The POs to the L1, L2, L3 Parties shall be released reflecting the total & monthly quantity prorated

as per their respective rankings.

The above mentioned quantity offered by the tenderer is independent of other tenders and

considering the existing commitments of the tenderer.

Have you been a HPCL previous supplier of the material offered? If so, Please furnish latest order

no & date :_____________________________________

Lead Time 7 days from date of call-ups : Acceptable/ Not acceptable

Payment Terms (15 Days) : Agreed/ Disagreed



Validity of offer (120 days) from : Agreed/ Disagreed

the due date or extended due date of the tender

Have you enclosed General Terms & : Yes/ No

Conditions, Special Conditions & Specifications

duly signed and stamped.

Ex-Works Factory of Supplies Address :

Are you registered with MSE. Please provide : Yes/ No

Certificate with the items tendered for.



UNPRICED BID-II





Please do not quote the Conversion cost, Freight & Total Delivery Cost in this Unpriced Bid.

Only fill the Duties/ Levies/ Tax as percentage (%) as applicable for deliver at HPCL

Terminal.

Parameter –HDPE Containers 250 ML 500 ML 1 LTR 3.5 LTR 5 LTR

Price of Reliance Polymer

B56003 as on 01/01/2014-Rs/MT 105790 105790 105790 105790 105790

Minimum Weight of the container-

gm 29.2 37 60 185 230

Cost of Polymer Cost per

container(Rs) A 3.089 3.914 6.347 19.571 24.332

Conversion Cost Rs/Container B

Basic Rate -Rs/Container, C A+B

Excise Duty-%age

______________

Education Cess-%age

__________

Sales Tax-%age ______________

Delivery Charges-Rs/Container

Octroi-% age ______________

Total Delivered Cost-

Rs/Container

Notes: Excise Duty, VAT/ Sales Tax for the HDPE Containers must be quoted separately and

will be paid at actual against proof/ extra as applicable.

If revisions in taxes/ duties are effected by government authorities on finished product (empty Containers) only the same will be reimbursed to the tenderer on submission of relevant notification provided same is payable by HPCL. Excise duty, VAT, CST, should be indicated in percentage.

Delivery charges/ freight should include loading charges at your end and unloading charges at HPCL Terminals/ Repackers.

Modvat Credit & VAT/Sales Tax setoff as per current practice will be considered.



Please do not indicate ‘Extra’, ‘Extra at actuals’, ‘Actuals’ etc. Quote exact amount. PRICE INDICATED AND VARIATION WILL BE GRANTED ON THE BASIC PRICE

OF POLYMER GRADE OF RIL EX-HAZIRA PLANT. All charges towards transportation, sales tax etc. on the polymer should be considered

while quoting the conversion cost. The escalation/de-escalation is applicable on the minimum weight of the Containers

without accessory as indicated above If there is a difference in rates of taxes and duties between unpriced bid and priced

bid, the rates in unpriced bid will be taken as final.



Annexure IV

Tender Terms & Conditions

1) Withdrawl of Bid during the validity of the offer of 120 days, will entail action against the

bidder as per HPCL Purchase policy.

2) MSE Registration:

Micro and Small Enterprises registered with District Industries Centers or Khadi and Village

Industries Commissioner or Khadi and Village Industries Board or Coir Board or National Small

Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by

Ministry of Micro, SmaIl and Medium Enterprises registered with MSE copy of valid registration

certificate with any of the authorities mentioned in the opening pages shall be submitted. The MSE

Certificate should clearly indicate :

i) The Item of manufacture for which, the Unit is registered with MSE

ii) Location/address of the Unit for which the MSE certificate is issued

For MSE status to be considered, supplies will have to be made from the plant for which

the MSE Certificate is furnished. For this purpose Notarized copy of valid MSE registration

certificate along with relevant Annexure, should accompany the tender. If a tenderer submits MSE

Certificate not conforming to the above his tender is liable to be rejected.

3) Security Deposit : Security Deposit equivalent to 1% of basic value of order, will be submitted

by successful tenderer to our Disbursement Section (Payment Authority) by way of Demand Draft,

otherwise the same shall be deducted from successful tenderer‟s bills. Linking with earlier

transactions / adjustments with pending bills or any other amount payable by HPCL is not allowed.

Security Deposit will be towards faithful performance of the tender / order terms and satisfactory

supply of materials as per specifications and will not bear any interest. Security deposit shall be

refunded to successful tenderer directly by our Disbursement Section after producing a satisfactory

completion certificate from the location(s) where materials is supplied. PO No. & Date should be

indicated in the completion certificate / letter. Security Deposit will be refunded by Cheque.

Security Deposit shall be liable to be forfeited wholly or in part in case successful tenderer fails to

supply or fulfill any of their contractual obligations.

4) Price Escalation / De-escalation Clause : During the operation of the Contract, Price

variation will be allowed on HDPE Containers on account of variations in the HDPE price

of Raw Material grade given in “Specifications Sheet” and “Rate Schedule” or other grade

specified in tender documents / specifications. At the time of release of the purchase order, the

rates finalized will be escalated/de-escalated based on the prices of the HDPE prevailing as on the

date of the purchase order, as against the rates of HDPE prevailing on the due date of the tender or

reference date(Mentioned on the PRICED Bid).

Base Price of Raw Material and “Effective Date” of price as given in “Rate Schedule” will

be considered for revising basic price of containers. RIL ex-Hazira (excluding all taxes) price

will be considered for granting price revision to successful tenderers. For the purpose of Price

Variation other incidentals like handling charges, changes in the price of pigments/ colours,

additives etc. will not be considered. Price variation will be granted on the basic price of

B56003 grade of RIL Ex-Hazira plant. The price for succeeding month considered would be the

weighted average rate of the variation in price that has occurred during the previous month.



Effective Date of Price Variation: For any change in the price of Raw Material

announced by RIL during a month (i.e. from the first week to last week ), the price of

containers (escalated / de-escalated) will be revised on the first day of succeeding month.

If there are more than one revision of Raw Material price by RIL in a month, the price of

containers will be revised only on the first day of succeeding month considering weighted

average for the previous month. In other words, if Raw Material (HDPE) price escalation /

de-escalation takes place price will be considered for granting revision to the successful

tenderers on the basis the price revision escalation /de-escalation considering the weighted average

for the previous month. New Price (Revised Price) will be effective first day of succeeding

month.

Example : If raw material price is revised on 01-12-2013 , 14-12-2013 and 26-12-2013,

Weighted average of these prices will be considered for giving price escalation / de-

escalation. Effective date of new price (revised price) will be 1st of Jan 2014.

All Price variations will be supported by documentary evidence viz. RIL Announcement / Price

List.

5) Excise Duty & Education Cess : Excise Duty and Education Cess will be reimbursed at actual

as applicable at the time of delivery.

6) Value Added Tax, Sales Tax (including Surcharge) : The rate of VAT, Sales Tax including

SC, payable will be as applicable at the time of delivery. Payment is subject to the condition &

tenderer‟s written undertaking that the same is statutorily payable by the tenderer to the

Government and actually will be paid to the Government. Calculation of VAT Setoff will be done

as follows:

For supplies to Silvassa Terminal, tender shall be evaluated taking into consideration 64% input

credit on VAT for tenderers located within Dada Nagar haveli based on HPCL sales within Dadra

Nagar Haveli.

`

7) Any other Government Levies that may come into effect during the period of contract,

shall be reimbursed to the successful Tenderer, upon submission of proof of payment if

payable by HPCL.

8) Raw Material : Tenderer shall be responsible for procurement of all essential raw

materials as per specifications wherever necessary for manufacture of containers to suit the

delivery schedule committed to HPCL. Any delay in delivery schedule due to delay in

procurement of raw material, will not be condoned. Only virgin HDPE / PPCP / LDPE

(Blow Moulding / Injection Moulding Grades or other grades as given in Specifications

Sheets) should be used. Raw Material details are indicated in “Specifications Sheets” attached

with tender. Vendor will have to furnish proof of purchase of Raw Material from RIL or

equivalent as and when sought for by HPCL.

9) Approval of Sample :

a) Necessary mould for container shall be provided by HPCL to successful tenderers /

suppliers against additional Bank Guarantee per mould as specified in Annexure - II ,



towards any damage or theft to the mould during the possession and retention of the

same. Moulds will have to be uplifted by the vendor from the respective terminal at

their own cost.

b) After continuous use of the mould, if minor repairing of the same is required, the same

to be arranged by the successful tenderer / supplier at their own cost.

c) The successful tenderers / suppliers will have to submit sample containers to

Sr.Manager – Package Development at 2nd

Floor, Hindustan Bhawan, 8, S. V. Marg,

Ballard Estate, Mumbai – 400 001 within 10 days of receipt of letter of Intent /

Purchase Order.

d) Based on approval master containers tenderer should undertake regular manufacture of

containers and supply the same. Approved reference sample will have to be kept at our

Terminals for comparison with actual supplies against orders.

e) In case of delay by successful tenderers in getting the samples approved, HPCL

reserves the right to reduce order quantity or cancel the entire order quantity

already awarded to them.

f) All costs on account of development of the artwork, sample containers etc will be borne

by the successful tenderers (suppliers).

10) Acceptance of Tenderers : HPCL reserves the right to accept any tender in whole or in part or

reject any or all tenders without assigning any reason. The decision of HPCL in this connection

shall be final.

11) Evaluation of Tenders : The evaluation of the tender will be done item wise lowest basis,

based on the Net Delivered Cost of the container at HPCL‟s premises on the due date of the tender.

The Net Delivered cost will be arrived at deducting MODVAT Credit and VAT Setoff . All the

tenderers are advised to quote in the format provided.

Evaluation of tender will be on the basis of net delivered rate in Silvassa Terminal on quoted

Basic rates, taxes /duties and Octroi for supplies to Silvassa Terminal.

This tender is governed by the grievance redressal mechanism of HPCL as published at

website: www.hindustanpetroleum.com

12) Validity of offer from Tenderer : The rates quoted as well as total or monthly quantities

offered against this tender shall be valid for a period of 120 days from due date/ extended due date

of tender.

13) Validity of Order : Order will be valid for a period of 36 Months from the date of placement

of letter of intent / purchase order or from the date as indicated in the order.

14) Distribution of Orders : Purchase orders will be finalized itemwise lowest. HPCL reserves

the right to draw its requirement from any number of suppliers of its choice simultaneously and

use its discretion regarding the quantities to be ordered / drawn from each supplier. Number of

suppliers required is indicated in covering letter of tender.




Normally tender quantity is distributed in the following manner:

No of Tenderers Ratio Remarks

4 40 : 30 : 20 : 10 L2, L3, L4 to match L1 Rate

3 50 : 30 : 20 L2 & L3 to match L1 Rate

2 60 : 40 L2 to match L1 Rate

1 100 %

The above distribution is applicable only in case, the other than L1 vendor as per their relative

ranking, match the L1 rates. In case of their refusal, HPCL shall retender the balance allotted

share, instead of adding to L1 party.

For this purpose, the quantity offered by the successful tenderers and also the rates finalized thru

PO will be valid till 3 years from the date of PO.

15) Trial Orders : New tenderer Successful tenderers who have not supplied similar material to

HPCL earlier will be given a trial / developmental order as per covering letter of 10% of

their total PO quantity. PO for balance quantity will be released, depending upon their share of

business as per ranking, after satisfactory performance of trial order.

16) Negotiations: HPCL reserves the right to negotiate with Tenderers. In the event of

negotiations, tenderer will be required to confirm the negotiations in writing. If tenderer fails to

comply with this requirement, HPCL reserves its right to ignore his quotation at its discretion.

17) Payment Terms:

Payment will be made in 15 days from the date of receipt of the bills submitted after supply of

materials, provided the same meets with HPCL specifications. The bills supported by delivery challans duly acknowledged by HPCL authorized representative should be submitted within 7 days of the

supply at HPCL‟s respective Disbursement section as per details given below.

Since these are our standard payment terms which cannot be changed, please submit your quotation

accordingly.

Supplies made to Payment Authority (HPCL Office at)

Silvassa Terminal Silvassa Terminal, Disbursement Section.

18) Sub-leasing: The successful tenderers shall not be allowed or entitled to sublet, subcontract or assign

any part of the order without the prior written consent of HPCL

19) Delivery Schedule: Total tender quantity is separately indicated in tender. Quantity indicated is

provisional, estimated quantity only and HPCL reserves the right to order any quantities at its sole option

within total quantity offered by tenderer.

Orders shall be treated as closed after successful tenderer have supplied the ordered quantities.

Tenderers to note that the monthly call-up quantities may not be on pro-rata basis of total ordered quantity

but will be based on the specific demand for the month.



Daily prorated supply to be made as per call-ups on the daily basis. Any failure to meet daily

requirements HPCL reserve right to evoke risk purchase clause. No delivery shall be accepted on

Sundays/ holidays.

The monthly requirements will be intimated from time to time by means of written call-ups against

Purchase Order quantities with a notice of one week on successful tender by our terminals. Delivery should

be made in line with such callups. The quantities called up should be supplied as per the delivery schedule

given in the callups. Tenderers are advised to specify in the tender document, the maximum quantities they

are able to commit or supply every month and on total basis. Such offered quantities will be treated as firm

and shall not be open for the tenderers to withdraw / reduce the quantities once committed as available.

Delivery Period and quantities once committed must be strictly adhered to. In the event of inability of

HPCL to uplift the stipulated number of material due to circumstances beyond its control, HPCL will not be

responsible for any losses sustained by tenderers. Supplier should ensure that trucks loaded with containers

should reach the terminal inventory control department before 3 PM on all working days except Saturdays.

On Saturdays, the truck should report to the terminal before 12 noon, otherwise truck will be unloaded on

next working day.

20) Statement of Supply : Supplier shall send a statement showing supplies made by them to terminals vis-

à-vis the callup quantity for each month within first week of following month together with necessary

remark if any, for short supplies against call ups to concerned receiving location / terminals with a Copy to

DS - Lubes Purchase Dept. Hindustan Bhawan, Mumbai.

21) Price Reduction Clause: HPCL shall accept delayed delivery at prices reduced by a sum equivalent to half percent (0.5%) of the

basic value of any goods not delivered (against call up placed)for every week of delay or part thereof,

limited to a maximum of 5% of the total basic order value. Date of receipt of materials at HPCL premises

shall be considered for calculation of price reduction for this contract.

The successful tenderer shall agree to abide by the above clause.

22) Risk Purchase : In case successful tenderers fail to deliver the ordered quantities of materials

as per call ups as elaborated in the section “Delivery Schedule” as above, HPCL reserves the right

to procure the undelivered quantities of materials from alternative sources at the risk,

responsibility and cost of successful tenders. Such cost will be recovered from successful

tenderer‟s pending bills, Security Deposit / EMD etc.

Suppliers of defective, damaged, leaky or off-specification containers or supplies deviating

from Terms & Conditions of purchase order will be rejected and repeated rejections will

entail cancellation of orders and “Risk Purchase” from other alternative sources on

successful tenderer‟s cost. Similarly any undue delay in supply of called up quantities

beyond 15 days will entail “Risk Purchase”. “Risk Purchase” will be applicable in case of

trial orders as well.

23) Transit Risk: For successful tenderers supplying materials from outstations on FOR

Destination basis, any damage, shortage, loss, deterioration etc. will be to the account of tenderer

who would be responsible for arranging timely supplies.

24) Defective Material : Containers not supplied as per our specifications or found to be

defective, underweight, leaky, substandard, have any manufacturing / printing defects would be



rejected during receipt of the consignment or as and when detected during the course of

filling at any point of time. Such defective containers would be destroyed and punctured

before returning to the vendor / supplier for replacement. Supplier will arrange their

removal from our premises at their own cost.

If they fail to replace the material within 7 days of intimation, appropriate amount will be

deducted from their pending bills. HPCL will also reserve their right to suspend

temporarily or permanently, the supplies from such parties. In case of any disputes

regarding rejection the decision of the location In-Charge shall be considered as final and

irrevocable.

25) Rejection: In case the supplied material does not meet our specifications & delivery schedule

(as per call-up given by each location) then the whole lot will be rejected after puncturing.

a) In case any lot(s) of materials is/are rejected, our terminal will inform the supplier by a

letter or email and supplier will have to remove at their cost, the off specification materials

within 72 hours of the receipt of the information. Despite this, if the materials are not

removed within 7 days from our premises, then HPCL will have the right to dispose off

such rejected materials without further reference to the supplier. In case of any dispute

regarding acceptance / rejection of any lot, decision of the location In-Charge shall be

considered as final & irrevocable.

b) In case of rejection of materials supplied by you, after filling/during transit of the product

in the same, the total value of wastage to the Corporation inclusive of the product cost, the

filling cost, material cost, etc. will be recovered from the pending bill of the vendor.

c) In case of rejection of the containers after supply and before filling or during filling, cost of

containers, cost of cartons, cost of stickers,/ Labels, Caps, wads and product shall be

deducted from the supplier‟s bills.

d) Sampling, testing and acceptance of the consignment shall be carried out in accordance

with the additional requirements laid down by HPCL thereof.

e) Supplier should note that it is not incumbent upon HPCL to check and test each and every

barrel out of consignment received and HPCL will make only random checks in accordance

with the procedure laid down by HPCL.

f) If, as a result of checks / tests carried out, if any container is found defective or not meeting

specifications criteria, HPCL shall return such defective container(s) to Supplier after

puncturing the container(s).

g) Containers shall be free from defect of any kind whatsoever for a minimum period of 6

months from the date of acceptance by HPCL. In case HPCL suffer loss due to leakage or

on account of any latent defect found in container before the expiry of the above period,

HPCL shall be entitled to claim from supplier not only value of such container but also the

value of the product lost through leakage, if any. HPCL shall not be bound to return such

defective container(s) to Supplier.



26) Force Majeure : Force Majeure clause will be applicable on both sides. However, in case of

force majeure the concerned party shall inform the other party in writing within 21 days of the

happening of the force majeure occurrence. The accepted definition of force majeure will be as

“Acts of God, war declared or undeclared, Civil Commotion, Natural Calamities (like floods,

Earthquakes, Epidemics etc.) Strikes, Lockouts, Statutory restrictions effecting deliveries, fires,

explosions, Acts of enemy agent etc.”

27 )Interpretation: In case of any lack of clarity/ inconsistency/ ambiguity in the meaning or

interpretation of any Bid submitted to HPCL or any Terms and Conditions or words in the tender

document, then the interpretation of HPCL regarding the same shall be final and binding on all

parties.

28) Cancellation : HPCL reserve the right to cancel the contract forthwith upon or any time after

the happening of any of the following events viz :

a. If Tenderer commits breach of any of the tender terms and conditions and fail to remedy such

breach within 15 days of receipt of written notice in regard thereto.

b. On the death or adjudication of insolvent of the tenderer if he be an individual.

c. Liquidation whether voluntarily or otherwise on the passing of an effective resolution for

winding of tenderer if it be a company

d. If the attachment is levied or continued to be levied for a period of seven days upon effects of

the tenderer or of any individual or partner of tenderer firm.

e. If the tenderer does not adhere to the instructions which may be issued from time to time by

HPCL in connection with the manufacture of PPCP Pails.

f. If the tenderer has acted in any manner to the detrimental interest, reputation, dignity, name or

prestige of the Owner.

HPCL‟s right to terminate the contract shall be without prejudice to any of its other rights

and remedies against tenderer & in the event of HPCL so terminating contract, it shall not

be liable to pay any loss or compensation in respect of such termination.

29) Scope of Inspection :

Material supplied will be subject to inspection as per the specifications sheet attached. The

equipment available at the tenderer‟s plant should cover all the requirements as specified. Vendor

must possess separate quality control laboratory with other required equipment at their factory.

30) Declaration by the tenderer : Tenderers must provide an undertaking that “They will not

supply / divulge HPCL‟s packages / moulds, designs / artwork to any other party. Any vendor

found indulging in such activities; appropriate penal action will be initiated by HPCL. Tenderer

must provide an undertaking that the information submitted by them in the credential bid etc. is

true. If any discrepancy is noticed before placement of PO or during the pendency of the contract,

the PO is liable for cancellation and the security deposit is forfeited.

31) Arbitration:

1) All disputes and differences of whatsoever nature, whether existing or which shall at any time

arise between the parties hereto touching or concerning the agreement, meaning, operation or



effect thereof or to the rights and liabilities of the parties or arising out of or in relation thereto

whether during or after completion of the contract or whether before after determination,

foreclosure, termination or breach of the agreement (other than those in respect of which the

decision of any person is, by the contract, expressed to be final and binding) shall, after written

notice by either party to the agreement to the other of them and to the Appointing Authority

hereinafter mentioned, be referred for adjudication to the Sole Arbitrator to be appointed as

hereinafter provided.

2) The appointing authority shall either himself act as the Sole Arbitrator or nominate some

officer/retired officer of Hindustan Petroleum Corporation Limited (referred to as owner or HPCL)

or a retired officer of any other Government Company in the Oil Sector of the rank of Ch. Manager

& above or any retired officer of the Central Government not below the rank of a Director, to act

as the Sole Arbitrator to adjudicate the disputes and differences between the parties.

The contractor/vendor shall not be entitled to raise any objection to the appointment of such person

as the Sole Arbitrator on the ground that the said person is/was an officer and/or shareholder of the

owner, another Govt. Company or the Central Government or that he/she has to deal or had dealt

with the matter to which the contract relates or that in the course of his/her duties, he/she has/had

expressed views on all or any of the matters in dispute or difference.

3) In the event of the Arbitrator to whom the matter is referred to, does not accept the appointment,

or is unable or unwilling to act or resigns or vacates his office for any reasons whatsoever, the

Appointing Authority aforesaid, shall nominate another person as aforesaid, to act as the Sole

Arbitrator.

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

arbitration from the stage at which it was left by his predecessor. It is expressly agreed between the

parties that no person other than the Appointing Authority or a person nominated by the

Appointing Authority as aforesaid, shall act as an Arbitrator. The failure on the part of the

Appointing Authority to make an appointment on time shall only give rise to a right to a

Contractor to get such an appointment made and not to have any other person appointed as the

Sole Arbitrator.

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

6) The work under the Contract shall, however, continue during the Arbitration proceedings and no

payment due or payable to the concerned party shall be withheld (except to the extent disputed) on

account of initiation, commencement or pendency of such proceedings.

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

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

8) The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the

parties unless the Sole Arbitrator otherwise directs in his award with reasons. The lumpsum fees of

the Arbitrator shall be Rs. 40,000/- per case for transportation contracts and Rs. 60,000/- for

engineering contracts and if the sole Arbitrator completes the arbitration including his award

within 5 months of accepting his appointment, he shall be paid Rs. 10,000/- additionally as bonus.

Reasonable actual expenses for stenographer, etc. will be reimbursed. Fees shall be paid stagewise



i.e. 25% on acceptance, 25% on completion of pleadings / documentation, 25% on completion of

arguments and balance on receipt of award by the parties.

9) Subject to the aforesaid, the provisions of the # Arbitration and Conciliation Act, 1996 or any

statutory modification or re-enactment thereof and the rules made thereunder, shall apply to the

Arbitration proceedings under this Clause.

10) The Contract shall be governed by and constructed according to the laws in force in India. The

parties hereby submit to the exclusive jurisdiction of the Courts situated at Mumbai for all

purposes. The Arbitration shall be held at Mumbai and conducted in English language.

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

Limited.

IN WITNESS WHEREOF, the parties have executed these presents on the day, month and year

hereinabove mentioned.

Singed and Delivered by Signed & Delivered by the

The within-named Transporter duly Constituted Attorney of

HINDUSTAN ETROLEUM

CORPORATION LIMITED.

In the presence of In the Presence of

----------------------------------------------------------------------------------------------------- Details of EMD Payment (Please “Tick” whichever is applicable) : EMD is submitted by 1) Demand Draft [ ] DD No. & Dt. - 2) Bank Guarantee[ ] BG No. & Dt. - 3) Exempted [ ]



Annexure V

(SPECIMEN) BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT (On Non-Judicial stamp paper of Rs. 100/- ) TO : Hindustan Petroleum Corporation Limited (Address as applicable) IN CONSIDERATION OF M/s. HINDUSTAN PETROLEUM CORPORATION LIMITED a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called "The Corporation" which expression shall include its successor in business and assigns) issued a tender on M/s. ____________________a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at (hereinafter called "the Tenderer" which expression shall include its executors, administrators and assigns) against Tender No. _______________________ dated ________ (hereinafter called "the tender" which expression shall include any amendments / alterations to "the tender" issued by "the Corp- oration") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" having agreed not to insist upon immediate payment of Earnest Money for the fulfillment of the said tender in terms thereof on production of an acceptable Bank Guarantee for an amount of Rs. _________ (Rupees ___________ only). We, ____________________ Bank having office at ________________(hereinafter referred to as "the Bank" which expression shall include its successors and assigns) at the request and on behalf of "the Tenderer" hereby agree to pay to the Corporation without any demur on first demand an amount not exceeding Rs. _________ (Rupees _____________________ only) against any loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfilment or for any breach on the part of "the Tenderer" of any of the terms and conditions of the said "tender". We, _________________________ Bank further agree that "the Corporation" shall be sole Judge whether the said "Tenderer" has failed to perform or fulfill the said "tender" in terms thereof or committed breach of any of the terms and conditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by "the Corporation" on account thereof and we waive in favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Tenderer" may be entitled to. We, .__________________ Bank further agree that the amount demanded by "the Corporation" as such shall be final and binding on "the Bank" as to the Bank's liability to pay and the amount demanded and "the Bank" to undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the Tenderer" or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional. We, _____________________ Bank further agree with "the Corporation" that "the Corporation" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "tender" or to extend time of performance by “The Tenderer” from time to time or postpone for any time to time any of the powers exercisable by "the Corporation" against "the Tenderer" and to forbear to enforce any of the terms and conditions relating to "the tender" and we shall not be relieved from our liability



by reason of any such variation or extension being granted to "the Tenderer" or for any forbearance, act or ommission on the part of "the Corporation" or any indulgence by "the Corporation" to "the tenderer" or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us. Notwithstanding anything hereinbefore contained, our liability under this Guarantee is restricted to Rs. ________ (Rupees ____________________only). Our liability under this guarantee shall remain in force until expiration of six months from the due date of opening of the said "tender". Unless a demand or claim under this guarantee is made on us in writing within said period, that is, on or before _____________ all rights of "the Corporation" under the said guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder. We, ______________________ Bank further undertake not to revoke this guarantee during its currency except with the previous consent of "the Corporation" in Writing. We, ______________________ Bank lastly agree that "the Bank" 's liability under this guarantee shall not be affected by any change in the constitution of "the Tenderer". 8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the Agreement/Contract or MOU entered into between "the Tenderer" and "the Bank" in this regard. IN WITNESS WHEREOF the Bank has executed this document on this _________________ day of ____________ For __________________ Bank

(by its constituted attorney) (Signature of a person authorised to sign on behalf of "the Bank")



Annexure VI

DECLARATION – 1

Tenderer should give declaration as per clause no. 30 – Declaration of Tender Terms &

Conditions.

(The following should be typed on the letter head of the tenderer and should duly signed with

rubber stamp)

Intellectual Property Rights:

We hereby undertake to abide by the following:

UNDERTAKING cum INDEMNITY

This undertaking cum indemnity is executed on _______________ by

___________________ having its office at _____________________________,

hereinafter referred to as Executant, (which expression shall mean and include its assigns,

nominees, successors, adminsitrators and representatives) through its authorized nominee

Mr. _______________ designation __________________.

Whereas _________________ is carrying out the business ________________________,

under the name and style of _________________________.

And Whereas tender no.__________ dated _________ (hereinafter referred to as “tender”)

was floated by M/s Hindustan Petroleum Corporation Limited (hereinafter referred to as

“HPCL”) and the Executant is to carry out the work of packaging of ____________

________________ on behalf of HPCL.

And Whereas in terms of the contract/ tender, HPCL will be providing certain moulds and

artwork and it has asked the Executant to manufacture, make, provide, use and affix certain

packaging material such as labels, artworks, PS Labels, cartons, etc.

And Whereas as per Clause no. 30 – Declaration of Tender Terms & Conditions the

successful bidder is suppose to give the below mentioned undertaking.

IN WITNESS WHEREOF the Executant hereby declares, undertakes and binds itself as

under:

1. The Executant hereby declares that all the mounds, labels, PS labels, cartons,

artwork, moulds, mounds, etc., (hereinafter referred to as “packaging material”),

handed over to them by HPCL to carry out works as per the tender terms and

conditions or made, procured or manufactured by the Executant for use of

packaging or use as per the terms of the contract/ tender, shall be used with

utmost care and that the packaging material shall be only used for the purposes for

which it is meant and for no other purpose. The said packaging material shall not

be sold to or used for any other party than HPCL.

2. The Executant hereby indemnifies and agrees to keep HPCL indemnified against

all losses, costs, expenses and sufferance that HPCL or any of its officers,

employees or directors may incur, due to misuse in any manner of the said

packaging materials either by themselves or their agents, employees,

representatives or nominees.



3. The Executant agrees not to divulge or supply the packaging material to any other

vendor or third party without prior written approval from HPCL.

4. It is hereby declared by the Executant that any and all the rejected packaging

material shall be totally destroyed by them or handed over back to HPCL but shall

not be re-used or sold outside.

5. It is hereby declared that on completion of the contract period or on termination,

whichever is earlier, the Executant shall forthwith and immediately return to

HPCL all the moulds, designs and other packaging materials that it had received

from HPCL to carry out the works as per the tender.

6. Executant hereby expressly agrees that if they themselves or through their agents,

representatives, employees or nominee fail to abide by this undertaking than

HPCL shall have the right to claim damages for any losses that it has suffered due

to the breach of this undertaking and HPCL may also seek orders of injunction

and such other orders as it may require to enforce this undertaking.

IN WITNESS WHEREOF this undertaking cum indemnity has been signed by the

Executant on the date and place mentioned herein before after duly understanding the

contents and with free consent:

Executant:

For _____________________

Place:

Date : Stamp & Signature of the bidder



DECLARATION 2

Declaration regarding providing correct information and undertaking in case it is found incorrect or false


rubber stamp)

We hereby declare that the entire information furnished/ given to you in our bid and attachments are true to the best of our knowledge and belief and nothing therein is false. We further undertake, that if it is found during the tender stage (before accepting our bid/ placement of Purchase Order by HPCL) that any information or document furnished/ submitted by us is false or incorrect, then we agree that HPCL shall be free to reject our tender/ bid. If the same is found to be false or incorrect during any stage after accepting of our bid/ placement of Purchase Order, then HPCL shall have the right to summarily cancel our tender and procure the balance quantity from any alternate source. HPCL shall have the right to recover the differential amount between the rates of our contract and the rates at which HPCL is compelled to procure from the alternate source, if the latter rate is higher. To this effect, the recovery can be made by HPCL by encashing any bank guarantee that we may have submitted or from any pending bills under this contract or any other contract with HPCL. Date: ______________ Place: ______________ Name: Designation: Seal: ------------------------------------------------------------------------------------------------------------

DECLARATION 3


rubber stamp)

I/We _________________________ hereby declare/clarify that we have not been banned or

delisted by any Government or quasi Government Agencies or Public Sector Undertakings

Stamp & Signature of the Tenderer

Note : If a Tenderer has been banned by any Government or Quasi Government Agencies or PSUs,

this fact must be clearly stated with details. If this declaration is not given along with the

UNPRICED Bid, the tender will be rejected as nonresponsive.

Place:

Date : Stamp & Signature of the Tenderer

---------------------------------------------------------------------------------------------------------------------



DECLARATION 4


rubber stamp)

We ______________________________ hereby confirm the quantity offered by us against this

tender as declared by us in the UNPRICED Bid. We also confirm that we have sufficient capacity

to produce and supply the quantity offered by us as stipulated in the UNPRICED Bid both on total

quantity basis and monthly quantity basis indicated. The quantity indicated by us in the

UNPRICED Bid is independent of our existing business and other business for which we have

offered.

Place:


---------------------------------------------------------------------------------------------------------------------

DECLARATION 5


rubber stamp)

I/We ____________________________ confirm that the PRICED Bid submitted by us is inline

with the format provided by HPCL.

Place:


---------------------------------------------------------------------------------------------------------------------

DECLARATION 6


rubber stamp)

The Tenderer is required to state whether he/ she is a relative of any Director of the HPC or

the tenderer is a firm in which Director of HPC or his relative is a partner or is any other

partner of such a firm or alternatively the Tenderer is a private company in which Director

of HPC is member or Director, (the list of relative(s) for this purpose is given below)

N.B: Strike off whichever is not applicable. If the tenderer employs any person subsequent to

signing the above declaration and the employee so appointed happens to be relative of the Officer

of the HPC/ Central/ State Government, the tenderer should submit another declaration furnishing



the names of such employees who is/are related to the Officer/s of the HPC/ Central/ State

Government.

Date: Signature___________________

Name of Person signing___________________

Tenderer's Name and address with seal__________________

LIST OF RELATIVES

A person shall be deemed to be a relative of another, if any and only if,

i) He / She / They are members of Hindu Undivided family or

ii) He / She / They are Husband & Wife or

iii) The one is related to the other in the manner indicated below.

1. Father

2. Mother (including Step Mother)

3. Son (including Step Son)

4. Son‟s Wife

5. Daughter (including Step Daughter)

6. Father‟s Father

7. Father‟s Mother

8. Mother‟s Mother

9. Mother‟s Father

10. Son‟s Son

11. Son‟s Son‟s Wife

12. Son‟s Daughter

13. Son‟s Daughter‟s Husband

14. Daughter‟s Husband

15. Daughter‟s Son

16. Daughter‟s Son‟s Wife

17. Daughter‟s Daughter

18. Daughter‟s Daughter‟s Husband

19. Brother (including Step Brother)

20. Brother‟s Wife

21. Sister (including Step Sister)

22. Sister‟s Husband

Place:

Date : Stamp & Signature of the bidder

---------------------------------------------------------------------------------------------------------------



Annexure VII

DEVIATION SHEET

Tenderers are advised in their own interest to quote strictly as per Terms and Conditions of

the Tender and not to add any conditions of their own or to modify the terms and conditions

stipulated in the Tender.

In case of any deviations to the Tender Terms & Conditions, the same should be mention in

this format.

HPCL reserve the right to accept or decline any proposed deviation.

Tender Annexure no., clause

no., page no.

Tender Terms Deviation Sought



Annexure VIII

TENDERER’S DETAILS

1 Name of the Company / Firm

2 Year of Establishment / Registration

& Date

Year of Commencement of

production of item quoted for

3 Please () tick the appropriate box

1. Central Govt. Undertaking

2. State govt. Undertaking

3. Joint Sector Company

4. Public Limited Company

5. Private limited Company

6. Partnership Firm

7. Proprietary Firm

8. Cooperative Society

9. Other (Please specify)

4 Details / Name of Directors / Partner

/ Owner / Proprietors

1.

2.

3.

4.

5 Registered office address

Address:

Phone No :

Fax No :

E-mail ID :



6 Mailing Address (Branch office for

normal correspondence / tender etc.)

Address:

Phone No :

Fax No :

E-mail ID

7 Person to be contacted for Tender

queries ;

Name :

Designation :

Address :

Mobile No :

Phone No :

E-mail Id :

8 Number of Persons employed :

Office :

Technician :

Works :

9 SSI/ Medium Scale Industry

Reference Number

10 Collaboration:

Whether any collaboration (Either

financial or technical) with foreign or

indigenous firm

YES / NO

If yes, give following particulars of the

collaborator:

Name of the Collaborator

Address

Telephone nos.

Details of collaboration

FINANCIAL DETAILS:

1 Capital Investment (Rs.)

For the last three Years (Rs. - Lakh)

2010-11 Rs.

2011-12 Rs.

2012-13 Rs.

2 Annual Turnover (Rs. In lakh) 2010-11 2011-12 2012-13

Net profit (after tax depreciation and

interest)

Assets



Reserves

3 Maximum value of Purchase Order which has been handled during

one year

Maximum value of Bank guarantee which you can provide at a time

(only from Nationalised Bank)

Maximum value of Indemnity which you can provide at a time

4 Name & Address of the Bankers

(Furnish Banker‟s Cert.)

Whether Banker‟s Certificate enclosed Yes / No

FACTORY DETAILS:

Tenderer has to give the details of factory/ manufacturing plant from where tenderer proposes to

supply the tendered items.

1 Factory address

2 Year of Establishment / Registration

& Date

3 Year of Commencement of production

of item quoted for

4 Name of Factory In-charge:

Mobile No :

Phone No :

E-mail Id :

5 Person to be contacted at Factory;

Name :

Designation :

Address :

Mobile No :

Phone No :

E-mail Id :

6 Number of Persons employed :

Office :

Technician :

Works :

7 Registration / License Number

Factory License no.

Factory Land (Owned/ Leased : Agreement Details)



Small Scale Industries

Central Sales Tax

State Sales Tax (VAT)

Registration with Excise

Authority for MODVAT

EPF Registration

ESIC Registration

WCT Registration

Any other (please specify)

Companies Act

DGTD

Pollution Control Board Certification

8 Whether Tenderer had any IR Problems during

last 3 years - Yes / No

If yes, give particulars with duration of period

9 Power availability in H. P. :

10 Whether Tenderer possesses ISO 9000/ 2001, ISO

14000 & ISO 18000 Certificate. If so, give details

11 Safety, Health & Environment Policy (SHE) :

Please provide details;

12 Housekeeping Maintainace: Please mention the

details of policy followed.

13 Range of Products manufactured:

Name & Size of Products

Manufactured in Plant

Production Capacity (Qty. in nos.)

Per Shift

Per Day

Per

Month

Per Year

Name of Items offered

against tender

Offered Capacity (Qty. in nos.)

Per Shift

Per Day

Per

Month

Per Year



14 Machinery Details:

MAJOR MACHINERY :

1. Automatic microprocessor controlled blow moulding machine with PLC , Servo valve

and actuators /Sensors to ensure minimum 30 point parison programming system

2. Blow moulding machine having arrangement for view strip of width 6 mm in to

container etc.

Details /

Type of

Machines

No. of

Machines

Make

&

Model

Year

Name of Item

manufactured on

machine

Semi-

Automatic/

Fully

Automatic

Special

Features

ALLIED MACHINERY

1. On line air leakage detecting system etc.

Details /

Type of

Machines

No. of

Machines

Make &

Model Year

Process carried

out on machine

Semi-

Automatic/

Fully

Automatic

Special Features

15 Laboratory/ QC Facility:

Names of Testing

Equipment‟s

available

Whether Q. C.

Tests

are conducted

Whether Test

Reports

are maintained (at

least for 1 year)

Whether qualified

Personnel employed for

carrying out Q.C.

Checks

Tenderer should furnish below testing equipment‟s available at their premises

a. Leakage Tester

b. Top Load Strength Tester

c. Drop Tester

d. Vibration Tester

e. MFI Tester

f. ESCR Tester

g. Digital Vernier Caliper

h. Thickness Tester

i. Measuring Cylinder

j. Electronic Balance with minimum capacity of 2 Kg.



Note: Notwithstanding the above list of manufacturing and testing equipment‟s, the decision of

the Vendor inspection Team with respect to the requirement and availability of equipment‟s for

manufacturing and testing of HDPE Containers, shall be final and binding on all Tenderers.

List of Large Companies / Public Sector Undertakings / Oil Companies, to which item

quoted for, have been supplied earlier. Give details as under:

Name of

Company

Year Quantity

Ordered

Quantity

Supplied

Value of the order

(Rs.)

List of Purchase Orders currently being executed by the tenderer:

Customer

Name

Item PO Number PO Quantity PO

Balance

Validity of the

PO

Place:

Date : Signature of Tendered with Seal



Annexure IX

TENDERER DOCUMENT ATTACHMENT:

Tenderer has to submit following set of documents along with tender. All the documents must be

valid & in the name of tenderer or else bid of the tenderer is liable to disqualified.

Put () against each item if applicable & attached.

Sr. No. Document Required () if attached

1. Copy of Factory License

2. Copy of Excise Registration

3. Copy of Local Sales Tax Registration

4. Copy of Central Sales Tax (CST) Registration

5. Copy of Employee Provident Fund (EPF) Registration

6. Copy of Employee State Insurance Corp. (ESIC) Registration

7. Copy of MSE Certificate

8. Copy of SSI certificate

9. Copy of Pollution Control Board Certification

10. Copy of ISI/BIS, ISO 9001/9002 Certification

11. List of Main Manufacturing Machinery with capacity pack

size

12. List of Allied Machinery details

13. Details of QC apparatus

14. Copy of Purchase order executed:

Bidder may note that HPCL, at its sole discretion may insist on submission of some of the above

documents.



Annexure X

AGREEMENT

No. Dated

To,

HINDUSTAN PETROLEUM CORPORATION LIMITED

Sub : Purchase of Bidding Documents

Ref. Tender no. 13000220-HD-14001

HPCL and the Bidder agree that the Notice Inviting Tender (NIT) is an offer made on the

condition that the bidder will sign the Integrity Pact and the Bid would be kept open in its original

form without variation or modification for a period of (state the number of days from the last date

for the receipt of tenders stated in the NIT) 120 days and the making of the bid shall be regarded as

an unconditional and absolute acceptance of this condition of the NIT.

We confirm acceptance and compliance with the Integrity Pact in letter and spirit. We

further agree that the contract consisting of the above conditions of NIT as the offer nd 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 120 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 and 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 uploaded along with offer Integrity Pact)



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

………………………………………… The Principle 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 Bidders/s and Contractor/s.

In order to achieve these goals, the Principal cooperates with the renowned international Non-

Governmental Organization “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 him/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.

Section 2 – Commitments of the Bidder / Contractor



(1) The Bidder / Contractor commit itself to take all measures necessary to prevent corruption. He

commits himself to observe the 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 contracts, 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 in any other form such as to put his reliability or credibility 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 such as

to put his reliability or credibility into question, the Principal is entitled also to exclude the Bidder /

Contractor from future contract award processes. 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 of 6 months and maximum of 3 years.

(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 exclusion and further accepts and undertakes not to challenge or question such

exclusion on any ground, including the lack of any hearing before the 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 Principle 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 Guarantee.

(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 Principal 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.

(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

violate 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 has substantive suspicion in this regard, the Principal will

inform the Vigilance Office.



Section 8 – External Independent Monitor / Monitors (three in number depending on the size

of the 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 objectively, 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 / Subcontractor 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.

(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 transmit 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 subject 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: …………………..



Technical Specifications: ANNEXURE XI



Annexure XII

PRICED BID

PUBLIC TENDER NO : 13000220-HD-14001




Parameter –HDPE Containers 250 ML 500 ML 1 LTR 3.5 LTR 5 LTR

Price of Reliance Polymer

B56003 as on 01/01/2014-Rs/MT 105790 105790 105790 105790 105790

Minimum Weight of the container-

gm 29.2 37 60 185 230

Cost of Polymer Cost per

container(Rs) A 3.089 3.914 6.347 19.571 24.332

Conversion Cost Rs/Container

B

Basic Rate -Rs/Container, C

A+B

Excise Duty-%age

_____________

Education Cess-%age

__________

Sales Tax-%age ______________

Delivery Charges-Rs/Container

Octroi-% age ______________

Total Delivered Cost-

Rs/Container