18000010-HD-11994:90a678e2d15f84fbe93cb13dca896c57 Delivery Terms - Free to Destination location unless specified otherwise. Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless specified otherwise. Liquidated Damages/Price Reduction clause accepted unless specified otherwise. In case bidder does not deviate from the standard offer validity in on line deviation form, bid’s offer validity shall be considered as mentioned above. In case a Revised priced bid is initiated for this tender, at a later date (eg Technical evaluation stage etc), it shall be incumbent upon the bidder to submit revised bids for the specified items/entire tender. In the absence of revised bids rom the bidder within specified time period, the original bid submitted by the bidder shall not be considered for evaluation. HPCL reserves the right to reveal the contents of the bid documents submitted by the vendor during the witness bid opening process as per prevailing policy of the corporation. Please quote all the taxes, if applicable, only in percentage terms and not in Per unit(Amount) basis. The Per unit option is provided only to quote for extras like Loading charges, packing charges, TPI charges etc. In case, it is found that you have quoted taxes in amount basis, your bid may be liable for rejection. Tender No. : 18000010-HD-11994 Tender Published On : 21-Jun-2018 11:15 Basic Information Of Tender Title Solar Car Parking Shed-VREEP Description Supply and Installation of Car Parking sheds at IPS1, IPS2 and IPS3 Locations Tender Type Public Tender Scope Domestic Bid Type Two Bid Evaluation Criteria Overall L1 for all items Tender Due Date & Time 12-Jul-2018 15:00 Reverse Auction Applicable Yes Pre Bid Conference Start Date & Time Pre Bid Conference End Date & Time Queries Start Date & Time 21-Jun-2018 16:00 Quries End Date & Time 28-Jun-2018 15:00 Un Priced Bid Open Date & Time 12-Jul-2018 15:30 Purchase Deptt. PUR DEPT-MANGALORE BANGALORE LPG PL PROJ Fax No. 22608555 Office Address Hindustan Petroleum Corporation Limited ,No. 332,Darus Salam Building(2nd Floor) ,Queens Road , ,Bangalore ,560052 , ,KA , , TF/EMD Drop Box Address D P Srivatsva,Manager Purchase,HPCL, 2nd floor no. 332, Darus Salam building, queens road,Banglore-560052 Tender Description WorleyParsons on behalf of Ms Hindustan Petroleum Corporation Limited (HPCL)invites bids through e-tendering on Public Domestic Competitive Bidding basisfor Supply and installation of Car Parking sheds for IPS1, IPS2 and IPS3Locations for VVSPL Capacity Augmentation Project, HPCL under single stagetwo envelopes system as detailed given in tender. Bids submitted online shallonly be considered for processing.Digitally signed and sealed (encrypted) e-tender (on line bid only to be submitted at site https:etender.hpcl.co.in are invited under two bid system Tender No. 18000010-HD-11994, Tender submission due date: Upto 12.07.2018 (15:00 Hrs.)Online Unpriced Bid opening : From 15:30 Hours on 12.07.2018.The tender details including EMD, etc. can also be viewed at HPCL website www.hindustanpetroleum.com under tender section: link-Tenders and Contracts.ALL REVISIONS, CLARIFICATIONS,CORRIGENDA,ADDENDA,TIME AND DUE DATE EXTENSIONSETC., TO THE TENDER WILL BE HOSTED ON WEBSITE www.hindustanpetroleum.com along with website mentioned above. BIDDERS SHOULDREGULARLY VISIT THIS WEBSITES TO KEEP THEMSELVES UPDATED Notice Inviting Tender This Public Tender is floated for Supply and installation of Car Parking sheds for IPS1, IPS2 and IPS3 Locations for VVSPL Project. Currency Type Tender Fee EMD INR 0.0 42000.0
487
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18000010-HD-11994:90a678e2d15f84fbe93cb13dca896c57Tender No. : 18000010-HD-11994 Tender Published On : 21-Jun-2018 11:15 Basic Information Of Tender Title Solar Car Parking Shed-VREEP
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Delivery Terms - Free to Destination location unless specified otherwise. Validity of offer - 120 days from the initial or extended Due Date for submission
of Tender whichever is later unless specified otherwise. Liquidated Damages/Price Reduction clause accepted unless specified otherwise.
In case bidder does not deviate from the standard offer validity in on line deviation form, bid’s offer validity shall be considered as mentioned above.
In case a Revised priced bid is initiated for this tender, at a later date (eg Technical evaluation stage etc), it shall be incumbent upon the bidder to submit
revised bids for the specified items/entire tender. In the absence of revised bids rom the bidder within specified time period, the original bid submitted by
the bidder shall not be considered for evaluation.
HPCL reserves the right to reveal the contents of the bid documents submitted by the vendor during the witness bid opening process as per prevailing
policy of the corporation.
Please quote all the taxes, if applicable, only in percentage terms and not in Per unit(Amount) basis. The Per unit option is provided only to quote for
extras like Loading charges, packing charges, TPI charges etc. In case, it is found that you have quoted taxes in amount basis, your bid may be liable for
rejection.
Tender No. : 18000010-HD-11994 Tender Published On : 21-Jun-2018 11:15
Basic Information Of TenderTitle Solar Car Parking Shed-VREEP
Description Supply and Installation of Car Parking sheds at IPS1, IPS2 and IPS3 Locations
TF/EMD Drop Box Address D P Srivatsva,Manager Purchase,HPCL, 2nd floor no. 332, Darus Salam building, queens road,Banglore-560052
Tender Description WorleyParsons on behalf of Ms Hindustan Petroleum Corporation Limited (HPCL)invites bids through e-tendering onPublic Domestic Competitive Bidding basisfor Supply and installation of Car Parking sheds for IPS1, IPS2 andIPS3Locations for VVSPL Capacity Augmentation Project, HPCL under single stagetwo envelopes system asdetailed given in tender. Bids submitted online shallonly be considered for processing.Digitally signed and sealed(encrypted) e-tender (on line bid only to be submitted at site https:etender.hpcl.co.in are invited under two bid systemTender No. 18000010-HD-11994, Tender submission due date: Upto 12.07.2018 (15:00 Hrs.)Online Unpriced Bidopening : From 15:30 Hours on 12.07.2018.The tender details including EMD, etc. can also be viewed at HPCLwebsite www.hindustanpetroleum.com under tender section: link-Tenders and Contracts.ALL REVISIONS,CLARIFICATIONS,CORRIGENDA,ADDENDA,TIME AND DUE DATE EXTENSIONSETC., TO THE TENDER WILLBE HOSTED ON WEBSITE www.hindustanpetroleum.com along with website mentioned above. BIDDERSSHOULDREGULARLY VISIT THIS WEBSITES TO KEEP THEMSELVES UPDATED
Notice Inviting Tender This Public Tender is floated for Supply and installation of Car Parking sheds for IPS1, IPS2 and IPS3 Locations forVVSPL Project.
Currency Type Tender Fee EMD
INR 0.0 42000.0
Business Rules and Terms & Conditions of Reverse Auction
Page 1 of 7
HINDUSTAN PETROLEUM CORPORATION LIMITED
Reverse Auction – Terms & Conditions and Procedure HPCL proposes to conduct Reverse auction for the items or schedules or on overall basis as specified in the tender. Please go through the Terms & Conditions and Procedure given below and submit your acceptance to the same by signing and uploading this document along with unpriced bid. Terms & Conditions
1. HPCL reserves the right to carryout ‘Online Reverse Auction’ with techno-commercially accepted bidders for determining the lowest bidder for the requirements mentioned in this tender enquiry. Reverse auction shall be conducted only when there are at least two or more “Techno-commercially” accepted vendors at Technical evaluation stage.
2. Online reverse auction shall be conducted by HPCL on a specified date and time. The
vendors shall be participating in the reverse auction from their own offices / place of their choice. Internet connectivity shall have to be ensured by the bidders themselves. HPCL shall not be held responsible for local issues, such as loss of connectivity, Internet discontinuity, and discrepancy in browser which may result in non-display of latest bid in client PC.
3. In extreme case of Server outage, network outage or failure of Internet connectivity, (or any
other unforeseen conditions) from HPCL’s end, fax/ E-Mail communication shall have to be made immediately, to concerned purchase officer of HPCL. No such request shall be entertained beyond one hour of the RA closing time. To provide equal opportunity, HPCL may decide to extend the Reverse auction at their discretion, but not as the right of the bidder. The vendors participating in Reverse Auction process shall be kept on standby for 1 Hour after RA closing time.
4. HPCL shall investigate the above matter and decision for extension of Reverse Auction shall be
based on the merit of the issues pointed out and verified by HPCL and same shall be final and binding on the vendor.
5. HPCL shall complete the investigation within two working days of receiving complaint from
any of the vendor.
6. In case of decision to extend Reverse Auction, intimation mail may go out to all vendors within a day of investigation closure. Vendors shall generally be given intimation, a day in advance before extended Reverse Auction is commenced. The Reverse Auction shall
Business Rules and Terms & Conditions of Reverse Auction
Page 2 of 7
HINDUSTAN PETROLEUM CORPORATION LIMITED
commence from the last saved decrement value and shall be open for period of original duration from commencement.
7. Bidders have to confirm their willingness to participate in ‘Online Reverse Auction’ during their bid submission by ensuring compliance to the Terms & Conditions and Procedure specified herewith. Please note that non acceptance to participate in the Reverse Auction process will lead to rejection of the bid without any further evaluation.
8. HPCL will pre-decide the commercial loading, if any, on the basis of the taxes & duties
quoted by the bidder, and loading on account of commercial deviations, if any. The loading factors shall be displayed in the portal prior to the date scheduled for Reverse Auction Event.
9. Bidders are requested to understand the impact of loading factors applied on their bids at
the earliest, on getting intimation regarding same. In case of any objection to the applied loading factor same shall be brought to the notice of Purchase officer immediately. No further communication on this ground will be entertained after publishing of Reverse auction.
10. As part of Reverse Auction process, the Start Bid price(Benchmark) shall be specified by
HPCL on Reverse Auction Portal, which shall be the lowest of the price bids, as submitted by the bidders on the e-procurement portal i.e. ‘Bids opened for RA event’ and HPCL’s in-house estimate. Please note that such priced bid opening shall be system driven and therefore bidder’s identity vis-à-vis quoted price shall be confidential.
11. In case of overall evaluation tenders or schedule wise evaluation tender, the Reverse
auction shall be conducted on the bottom line, net delivered cost.
12. In case of tenders, which are evaluated on Schedule wise or Overall L1 basis, the individual item rates will get reduced on pro-rated basis as the decrements are effected during reverse auction event.
13. During the Reverse auction event, the taxes which are quoted in percentage basis will get
reduced proportionately as the RA progresses. However, Extras like Loading charges/packing charges/TPI which are quoted in per unit basis (amount terms) remains constant as the decrements are effected.
14. Vendors shall ensure to quote the statutory taxes only in percentage basis and not in
amount terms. In case of non-compliance to this clause, bids shall be liable for rejection.
Business Rules and Terms & Conditions of Reverse Auction
Page 3 of 7
HINDUSTAN PETROLEUM CORPORATION LIMITED
15. System shall allow to conduct Reverse Auction on multi-currency tender/bidding. The exchange rate for converting the INR value to originally quoted currency (USD, EUR, GBP, JPY only) shall be the one which was prevailing on the date of unpriced bid opening in line with tender condition. In such cases the basic reverse Auction shall be carried out in INR currency only. However bidders having submitted bids in any of the four currencies – USD, EUR, GBP, JPY shall be able to view the basic rates ( in original currency basis conversion on the date of unpriced bid opening ) corresponding to contemplated decrement in the “show” screen. (Vendors may first check impact of decrement on item rates in original currency before submission of decrement during RA).
16. Reverse auction shall be held for a period of 60 minutes and shall be automatically extended by a further period of 5 minutes in case of receipt of any bid during the last 5 minutes of the auction period. This process shall continue until no bids are received in the last 5 minutes of the auction. Hence it may be noted that the reverse auction may continue beyond a period of 60 minutes. Thereafter reverse auction shall get automatically closed. This shall be an automated process.
17. Order may be placed on the lowest bidder, emerging out of the reverse auction process and
HPCL’s decision on award of contract shall be final and binding on all the bidders.
18. HPCL reserves the right to further rationalize the prices with lowest bidder for reducing the price at any time before ordering.
19. HPCL reserves the right to cancel the reverse auction after event is scheduled but before
actual event taking place or after the reverse auction has completed in case of failure or any other reason. The reasons for cancellation shall be conveyed to all vendors.
20. In cases where tender is required to be cancelled after opening of priced bid and
identification of L1 vendor and wherein Reverse Auction was also part of tender, reasons for cancellation shall be conveyed to the L1 vendor.
21. During Reverse Auction Process, if no bids are received within the scheduled/rescheduled
date & specified time of the reverse auction, HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Electronic priced bids submitted by the bidders. In such case HPCL shall display the bidder’s identity and original rates.
22. The bid on the Reverse Auction Portal will be taken as an offer to sell. Bids once made,
cannot be cancelled / withdrawn and the bidder shall be bound to sell the material/services at the final bid price, and as per the specifications mentioned in the tender. Should the bidder back out and not make the supplies as per the rates quoted or in case the material
Business Rules and Terms & Conditions of Reverse Auction
Page 4 of 7
HINDUSTAN PETROLEUM CORPORATION LIMITED
supplied/services is not as per specifications mentioned in the tender, HPCL shall take appropriate action as per the terms & conditions mentioned in the tender.
23. At the end of the Reverse Auction, HPCL will decide the successful bidder, basis the
evaluation criteria specified in the tender. HPCL’s decision on award of Contract shall be final and binding on all the Bidders.
24. HPCL shall not have any liability to bidders for any interruption or delay in access to the
reverse auction portal irrespective of the cause.
25. The participation of vendors in the tendering process shall be construed as acceptance to the terms & conditions and procedure for the reverse auction. This compliance also shall be deemed as participation in Reverse auction.
26. In case a bidder agrees for reverse auction in the un-priced bid but withdraws acceptance
any time after tender due date & time, the EMD of such bidder may be forfeited along with rejection of offer at the sole discretion of HPCL.
27. Once Auction is started, no communication from vendor shall be entertained unless it is of
the nature of any serious issue in the Reverse Auction portal.
28. The yellow color back ground on RA page of the portal indicates that the due date and time of respective Reverse Auction is over. RA shall be concluded after standby period is over and auto generated mail is received by vendor.
29. The Bidder shall not involve himself or any of his representatives in Price manipulation of
any kind directly or indirectly by communicating with other suppliers / bidders.
30. The Bidder shall not divulge either his Bids or any other exclusive details of HPCL to any other party.
31. HPCL’s decision on award of Contract shall be final and binding on all the Bidders.
32. HPCL can decide to extend, reschedule or cancel any Auction. If any changes are made by
HPCL after the first posting and the Bidder continues to access the site after the changes, it shall be presumed that the bidder has accepted the changes.
33. HPCL will not be held responsible for consequential damages, including but not limited to
systems problems, inability to use the system, loss of electronic information etc.
Business Rules and Terms & Conditions of Reverse Auction
Page 5 of 7
HINDUSTAN PETROLEUM CORPORATION LIMITED
Reverse Auction Procedure 1. In case HPCL decides to conduct Reverse Auction, the qualified bidders would be
communicated on the same thru E-mails about the date and time of the Reverse Auction event. The Reverse auction event shall be conducted in the HPCL e-tender portal under link “Reverse auction”.
2. Reverse Auction shall be available to Bidder only after two factor authentication. Initially
vendor will login to the site etender.hpcl.co.in with his Login Id and password. Thereafter they shall click on the “Reverse auction” link in the portal to view/participate in ongoing/upcoming reverse auctions.
3. Brief procedure to participate in RA:
I. Bidders may click on “Reverse Auction”, followed by click on 'password' and
Download the encrypted password. II. Save the downloaded password and open Signing Utility, Select action as
"Decrypt Reverse Auction Password". III. Browse the downloaded file. Select appropriate certificate and click on
Decrypt Password. Copy the password and paste in "Password" field and click on Reverse Auction.
4. HPCL will display Start Bid price i.e., Bench Mark price (which shall be the lowest of the
price bids submitted by the bidders on the e-procurement portal i.e. ‘Bids opened for RA event’ and HPCL’s in-house estimate), which shall be visible to all the vendors at the start of the Reverse Auction.
5. Identity of bidders never gets disclosed to anyone, during reverse auction process 6. HPCL shall specify the minimum amount/percentage by which the bidders can reduce
their bids at a time on the Reverse Auction Portal. This amount is referred as the ‘bid decrement factor’ and shall be specified by HPCL.
7. Bidders shall start bidding from this Bench Mark Price. The bidder can bid lower than the prevailing Lowest Bid at any time during the event by one decrement or multiples of the Bid decrement.
8. In case the “SUBMIT QUOTE” button is not enabled after a few seconds of clicking,
vendors are urged to Re-Login to the page for viewing the latest leading bid and submit fresh quotes. The process takes less than a few seconds.
Business Rules and Terms & Conditions of Reverse Auction
Page 6 of 7
HINDUSTAN PETROLEUM CORPORATION LIMITED
9. The bidder shall be able to view the following values on his screen along with the other necessary fields in the Reverse Auction:
Item-wise Leading Bid in the Auction (Delivered Cost)
Bid Placed by bidder (Delivered Cost)
Bid value contemplated by bidder before submission(Delivered Cost)
33.9.1. Bidder can reduce his bid repeatedly during the auction period
10. Bidders shall be provided information on item wise pro-rated reduction in the rates, for guidance.
11. The confirmed bid submitted by vendor during the RA process shall always reflect in the “Previous Bid” field only (red font). The field “Current bid” shall display the contemplated bid value and “Leading Bid” shall show the current lowest bid value as submitted by any of the vendors.
12. The Closing Price(s) offered by the bidders at the conclusion of the Reverse Auction shall be valid for a minimum period of 30 days or as mentioned in tender, from the date of conclusion of the Reverse Auction.
13. After the Reverse auction is over successfully and closed by purchase officer, vendor can witness the lowest rate submitted by other vendors in “Witness bid opening” link.
14. In case of Item-wise evaluation tenders, any or all items may undergo Reverse Auction
separately at the discretion of HPCL.
15. In case of Schedule-wise evaluation tenders, any or all schedules may undergo Reverse Auction separately at the discretion of HPCL.
16. In case of SOR type tenders, where vendor has quoted a single percentage plus or minus
against the offered rate, the decrement shall be applicable on the bench mark value on base of 100 (i.e. it could be 107 in case of plus 7% or 94 in case of minus 6 percent). This value shall be delivered cost i.e. inclusive of taxes and loading factor.
17. HPCL reserves right to conduct single reverse auction for multiple items with separate
decrement option.
18. Vendor shall have option to participate in multiple reverse auction if it is scheduled at the same time.
Business Rules and Terms & Conditions of Reverse Auction
Page 7 of 7
HINDUSTAN PETROLEUM CORPORATION LIMITED
19. Successful vendor shall be required to submit the final prices digitally signed and
uploaded as token of acceptance without any new condition other than those already agreed to before start of auction.
20. Vendors may seek telephonic guidance before or during the Reverse auction process
from Helpdesk support at 022-4114666, between 8.00 AM to 8.00 PM on any working day, except Sundays and Public holiday.
Line Details Of TenderSrl.No.
Line Description Ship To Location UOM Quantity HSN Code HPCLGSTIN
Mandatory
Overall Manadatory: Yes
1 Solar Car parking shed IPS1 11994-VR EXPANSIONEVACUATION PROJ
Each 1 37AAACH1118B1ZB
Yes
DESCRIPTION => Supply and installation of Car Parking shed strcuture with integrated solar panels and rain water harvesting system as per scope of work attached with the tenderdocument at MB Patnam (IPS-1) Booster Station Location.
2 Solar Car parking shed IPS2 11994-VR EXPANSIONEVACUATION PROJ
Each 1 37AAACH1118B1ZB
Yes
DESCRIPTION => Supply and installation of Car Parking shed structure with integrated solar panels and rain water harvesting system as per scope of work attached with the tenderdocument at JK Gudem (IPS-2) Booster Station Location.
3 Solar Car parking shed IPS3 11994-VR EXPANSIONEVACUATION PROJ
Each 1 37AAACH1118B1ZB
Yes
DESCRIPTION => Supply and installation of Car Parking shed structure with integrated solar panels and rain water harvesting system as per scope of work attached with the tenderdocument at Bogaram (IPS-3) Booster Station Location.
Tender No. : 18000010-HD-11994 Tender Published On : 21-Jun-2018 11:15
Online Agreed Terms and ConditionsSl.No. Description HPCL File HPCL Value Supporting
Doc. Req'd
1 WE HEREBY ACKNOWLEDGE RECEIPT OF SUBJECT E - TENDER FOR OURUSE IN PREPARING THE BID.WE UNDERTAKE THAT THE CONTENTS OFTHE BIDDING DOCUMENT SHALL BE KEPT CONFIDENTIAL ANDFURTHER THAT THE DRAWINGS, SPECIFICATIONS AND DOCUMENTSSHALL NOT BE TRANSFERRED AND THAT THE SAID DOCUMENTS ARE TOBE USED ONLY FOR THE PURPOSE FOR WHICH THEY ARE INTENDED.
- No
2 COMPLIANCE TO BID REQUIREMENT. WE HEREBY AGREE TO EACH ANDEVERY WORD ORLINE FORMING PART OF THIS TENDER DOCUMENT ANDADDENDUM OR CORRIGENDUM TO THE BIDDING DOCUMENT. WE HAVEALSO CHECKED e TENDER MESSAGE BOARD AND QUERY REPLIESISSUED BY HPCL AND THE SAMEHAS BEEN CONSIDERED IN OUR OFFER.HOWEVER, IF THERE ARE ANYDEVIATIONS TECHNICAL OR COMMERCIAL in ONLINE DEVIATION SHEETOR GENERAL RAISED BY US AGAINST THIS TENDER, THE SAME SHALL BEMENTIONED UNDER DEVIATION ,IF APPLICABLE . WE ALSO DECLARE THATDEVIATIONS MENTIONED BY US ANYWHERE ELSE SHALL BE NULL ANDVOID. WE FURTHER CONFORM THAT THE PERSONSUBMITTING THIS BID ON LINE IS AUTHORIZRED TO SUBMIT THE BID. sayCONFIRM
- No
3 Please fill Party NAME hereby declare OR clarify that we have not been banned ordelisted OR blacklisted or put on holiday list by any government or quasiGovernment agencies or Public Sector Undertakings. NOTE If a bidder has beenbanned or delisted OR blacklisted or put on holiday list by any Government orquasi Government agencies or PSUs,this fact must be clearly stated with detailsand it may not necessarily be a cause for disqualifying him.If this declaration is notgiven along with the unpriced bid, the tender will be rejected as non - responsive.
- Mandatory
4 We Messers...........confirm that we are not under liquidation, court receivership orsimilar proceedings
- No
5 NAME OF THE COMPANY OR PARTY - No
6 POSTAL ADDRESS - No
7 NAME OF THE AUTHORISED CONTACT PERSON - No
8 Mobile No. and Email id of the Authorized Contact person - No
9 TELEPHONE NO. - No
10 FAX NO. OF THE BIDDER - No
11 WHETHER REGISTERED WITH NSIC . Say YES OR NO - No
12 WHETHER COPY OF NSIC CERTIFICATE ENCLOSED . Say YES OR NOPlease upload NSIC CERTIFICATE HERE, In case applicable
- Allowed
13 NSIC REGISTRATION CERTIFICATE IS VALID UPTO - Allowed
14 MONETARY LIMIT OF NSIC - No
15 WHETHER REGISTERED AS MICRO SMALL ENTERPRISE (MSE). Say YES ORNO
- No
16 If registered as MSE,upload MSE certificate - Allowed
17 If registered as MSE,Whether owner (having more than 50 percentage share),belongs to SC OR STcategory(Yes OR No),If yes ,Please upload supporting documents for same.
- Allowed
18 E -PAYMENT BANK DETAILS. PLEASE SUBMIT AND UPLOAD DETAILS ASPER BANK MANDATE FORMAT PROVIDED WITH THIS TENDER (ANNEXURE-T TO CHAPTER-9).
- Allowed
19 PLEASE UPLOAD YOUR PAN CARD ,IN CASE NOT REGISTERED WITH HPCLFOR E -PAYMENT.
- Allowed
20 ENTITY STATUS. INDICATE YOUR COMPANY ENTITY STATUS. CorporateEntity - Public Limited OR Private Limited OR Non Body Corporate-Individuals ORHindu Undivided Family OR Partnership Firms OR Association of Persons (AOP)and upload proof of entity status.
- Mandatory
21 Whether any of the Directors of Bidder is relative of any Director of Owner or theBidder is a firm inwhich any Director of Owner or his relative is a Partner or the Bidder is PrivateCompany in whichany Director of Owner is a member or Director. (SAY YES or NO)
- No
22 Confirm your offer is in complete compliance with the scope as specified in the biddocument.
- No
23 All correspondence must be in English Language Only. Please Confirm. - No
24 Applicable Income Tax will be deducted at source as per provisions of Income Taxact read with Income Tax Rules at Prevailing Rates. Please confirm.
- No
25 Bidders to confirm that Income tax deduction at source shall be done by HPCL onpayments to be made to successful bidder,at applicable rates. Bidder to confirmhis acceptance to the same.
- No
26 Confirm your acceptance to Payment Terms mentioned in Bidding Document. - No
27 Confirm you have been registered under GST. - Allowed
28 Write your GST Registration no. here and also enclose copy of GST registrationdocuments along with unpriced bid document.
- Allowed
29 Confirm your quoted price are in line with Bidding Document. - No
30 Please confirm submission of Original Power of Attorney and also upload thescanned copy of thesame here.
- Allowed
31 Confirm your Compliance to Reverse Auction Terms and Conditions and itsprocedure
- No
32 Bidders are requested to quote with applicable GST Only. - Allowed
33 UPLOADING ANY OTHER DOCUMENTS ASKED FOR IN TENDER DOCUMENT - Allowed
34 UPLOADING ANY OTHER DOCUMENTS ASKED FOR IN TENDER DOCUMENT - Allowed
35 UPLOADING ANY OTHER DOCUMENTS ASKED FOR IN TENDER DOCUMENT - Allowed
36 Arbitration Clause: Please confirm your acceptance to our Arbitration Clause,enclosed with this tender.
- No
37 The supplies made against this order shall be fully guaranteed against anymanufacturing defects OR poor workmanship OR inferior quality etc. for aminimum period of 12 months from the date of commissioning or 18 months fromthe date of supply whichever is earlier.
- No
38 Transit Insurance will be arranged by Owner, Hence Bidders are advised not toquote Transit insurance from Ex-works upto FOB Site.
- No
39 Cancellation OR Risk Purchase Clause:Please confirm your acceptance to ourPurchase Order Cancellation clause and the Risk Purchase Clause, enclosed withthis tender.
- No
Tender No. : 18000010-HD-11994 Tender Published On : 21-Jun-2018 11:15
Tips for bid submissionSl.No. Description HPCL File HPCL Value Supporting
Doc. Req'd
1 Tips for bid Submission TipsBidsubmission.PDF - No
Tips for successful bid submission in the HPCL e-Procurement platform
As you are aware, HPCL has rolled out an improved e-Procurement portal for floating of
tenders and receiving bids. The new application is simpler and more users friendly compared
to the previous system. Further it is designed to ensure security and confidentiality of your bids
till the tender opening and provide transparency after bid opening. However, it has
been observed in few instances that vendors tend to submit their bid only in
the last hour even when they are submitting bid on this platform for the first
time and for some reasons are not able to submit their bids within due time.
The following document is prepared based on such vendor experiences, so that you can
avoid such pitfalls and successfully submit bid in the new system:
1. Please note that in the current system you are NOT required to download the tender,
take a print of the same followed by physically signing on all pages of the tender. You
are also not required to scan the signed tender document and upload the same.
Simply generate the technical bid pdf / priced bid pdf, digitally sign, encrypt and
upload same for bid submission.
2. Please start the process of bid preparation well in advance and do not wait for the
last moment to get DC validated/prepare the technical bid and priced bid. In the
current system the process mimics the manual bidding procedure. You have to enter
all the necessary technical responses in the form provided (i.e., upload necessary pdf
documents like vendor declaration form and answer the questions).You also have to
enter the rates for various items followed by taxes and preferably save the work in
your local machine(Tab-“Work without attaching doc”). Please note that during this
process we are not capturing any data entered by you in the server.
3. You get to save work only if you work in the tab “Work without attaching docs”and
you only generate the bid documents in tab “Attach doc and generate envelope”.
You will not be able to generate the bid from tab“Work w/o attaching doc”. Only
after you submit the digitally signed document, the same is stored in the server in
encrypted format. The main points are:
a. You can go to the forms any number of times and generate any number of
Technical bid pdf and priced bid pdf before you finally submit the same –
(however system will allow only for uploading the latest generated
document).
b. You may generate both the documents, digitally sign and keep it ready, in
case you want to submit the same only on last day. However, it is
recommended, not to wait till the last day as traffic congestion, unforeseen
connectivity issue or other aspects may adversely affect your bid submission
chances.
c. If you have already submitted a bid and you do not want to submit a modified
bid, you also have the option to withdraw the submitted bid. You may select
tender from home screen and go to “Prepare tender”>>”Regret” for same.
4. Please note that the larger your bid size, the lesser are the chances of successful bid
submission in the system. This is not for the fact that server cannot receive big files, but
the fact that traffic congestion, connectivity speed, type of connection and other
aspects adversely affect the time taken for upload of large files. So it may happen
that the session times out before the entire upload is completed (The current session
out time is 30 minutes). The main points are:
a. Please keep the size of the bid document within 40-45 MB (max). To keep the
size of the bid document low, you must scan all the documents in low
resolution, preferably 150-200 dpi wherein the data should be legible. Further
please scan in grayscale and not color to reduce file size. For large drawings,
please scan the same in jpeg format and later covert same to pdf to reduce
size of pdf document.
b. Whenever there is a requirement to upload supporting documents like old PO
copies, or credential document, please focus on the main requirement. If the
PO copies are meant to arrive at value of jobs executed, you may scan only
the first page(where name of client is given) and last page of the PO(where
value of PO) is mentioned. This way you can avoid unnecessarily inflating the
size of bid document.
c. Pl ensure to upload all such supporting documents in your bid which can have
a financial implication while arriving at the net delivered cost as such
documents cannot be received at the technical evaluation stage.
5. In case of any doubt regarding the tender, you may raise queries to clarify the same
before due date. Please remember that for every tender, the query start date and
query end date is specified in the first page of the tender document. You cannot raise
any query after the query end date is over, so it makes sense to start the bid
preparation process early.
6. And finally, if you have any issue during the bid preparation process, pl get in touch
with e-procurement helpdesk at 022-42100111 and seek help. However, you must
seek help at least two to three days (min) in advance so that if there is really any
issue, we have time to remedy the same. You will realize that, helpdesk can do very
little if you are calling up helpdesk on the last day/last hour.
Supplementary section on saving work
As with any application, the e-procurement application also has multiple options to
generate the bid documents based on requirement of vendors. The two broad
classification to generate bid document, be it “Pre-qualification bid” or “Technical/Priced
bid” are as follows:
1. Low value tender having 20-50 items and limited uploads/questions- Most of the
tenders floated by locations are of this nature. Since the No of items where rate is
to be entered is very limited and there are not too many questions, vendors can
directly click on “Prepare tender”>> “Generate Technical/Priced bid” >> “Attach
document and generate envelope”, enter the item rates, upload documents etc
and directly click on “Generate technical bid”, followed by “Generate Priced
bid”. However, there is no option to save the work. So if the vendor wishes to
resubmit the bid with modified rates, they have to enter rates for all items again
and similarly enter all other responses again. While this method is very fast for
generation of bids, it requires full efforts in redoing same if need arises.
2. Moderate to high value tender having more than 50 items and other
uploads – Though the number of such tenders is lesser, these are more crucial in
nature for obvious reasons. For such tenders, the first method of generating bid
can be very risky as there is no option to save interim work. Further, the session
out time for application is 30 minutes, which means if you do not click on
“generate bid” button within 30 minutes of landing in the page the work can get
lost. The correct method is as follows:
a. Click on “Prepare tender” >> “Generate Technical/Priced bid” >> “Work
without attaching document”. Here you must enter the rates, enter
responses to question etc, except for uploading the documents. Once you
have made adequate entries and nearing 20 minutes, please click on the
tab “Save work on local computer”, show the path as “Desktop” or “My
document” etc and save your work”. An xml file containing your data will
get saved in your computer.
b. Now click on “Upload values from local computer” and show path of
saved document. The rates and responses will get filled up till the previous
work done and you can fill up rates of balance items from that point. Save
your work when you are approaching 20 minutes. You can do this as
many times required. The main advantage is that your work is always
saved and available for use.
c. Once you are through with all the rates and responses, you may click on
the tab “Generate Technical and Priced bid envelope”>> “Attach doc
and generate envelope”. Now click on the tab at the bottom of screen
“Update value from local computer”. You will see that all the item rates
and responses have got populated against appropriate section. Now you
may show path of documents to be uploaded if any.
d. Once you find that all rates are entered, responses are filled up and
documents are uploaded, you may click on “Generate technical bid
envelope” followed by “Generate Priced bid envelope”. You will get an
option to save document, which can be saved in “desktop” or My
documents”.
e. Please note that in case you want to modify some value in your bid
document simply click on “Update value from local computer” and show
path of xml file. The values will be filled up on screen and will be available
for editing. You may make necessary changes and then again “Generate
technical bid envelope” followed by “Generate Priced bid envelope”.
f. Please remember to upload only the latest generated xml file.
3. The final step requires you to check the pdf document for correctness. If found Ok,
it is required to be digitally signed. The digitally signed document is then required
to be encrypted by using the “Bid encryption utility”, hosted in “utility” tab. This
encrypted document shall be submitted by you.
4. Please ensure that you are uploading only the latest generated “Technical bid
envelope” and “Priced bid envelope”, after digitally signing and encrypting the
same.
5. It is recommended that you use the “Signing cum encryption utility” for signing
and encrypting the document in one step. Alternately you may install and use
“Jsignpdf”, which is license free signing utility only for signing.
6. It is also recommended that you check the hash of the document and match it
with the hash value given on the screen prior to uploading of bid document.
Please refer “Manual for checking hash before and after signing”.
Tender No. : 18000010-HD-11994 Tender Published On : 21-Jun-2018 11:15
Tender DocumenstSl.No. Description HPCL File HPCL Value Supporting
X Chapter 10 1. Contractor HSE Management Plan 2. Scope of Work– (SOW No. 14495-00-CI-SOW-0005)
14495-00-PP-ITT-0047 4 of 170
Chapter – 1
- Notice For Public Domestic Invitation For Bids (IFB) - Invitation For Bids (IFB) / e-tender
14495-00-PP-ITT-0047 5 of 170
DOMESTIC PUBLIC NOTICE INVITING TENDER
M/s. WorleyParsons India Pvt. Ltd. on behalf of Hindustan Petroleum Corporation Limited (HPCL) invites electronic bids (e-tenders) under Single Stage two bid system for Supply and Installation of Car Parking Sheds For IPS1, IPS2 & IPS 3 Locations from eligible Bidders for Vizag Vijayawada Secunderabad Pipeline (VVSPL) Capacity Augmentation Project, as per details given in the Tender Document :-
TENDER NO : 18000010-HD-11994 JOB : SUPPLY AND INSTALLATION OF CAR PARKING SHEDS FOR IPS1, IPS2 & IPS 3 LOCATIONS
1.0
a) Bidding document on Website From 21/06/2018 to 12/07/2018 (15:00Hrs IST)
b) Last date of Receipt of bidder’s queries
28/06/2018 (15:00 Hrs. IST) Note: Please note all queries are to be uploaded at website : https://etender.hpcl.co.in
c) Pre-bid meeting date & place Not applicable.
d) Bid Due date and time of Online submission of bid
Up to 15:00 Hrs. (IST) on 12/07/2018
e) Online Opening Of Techno- Commercial Unpriced bid date and time
At 15:30 Hrs. (IST) on 12/07/2018
f) Earnest Money Deposit / Bid Security As per Clause No. 04
g) Tender Document Fee Not applicable
h) Online Price Bid Opening/Reverse Auction
Date & time shall be intimated to techno -commercially accepted bidders only at later stage before price bid opening/Reverse Auction.
14495-00-PP-ITT-0047 6 of 170
DETAILED NOTICE FOR INVITATION FOR BIDS
UNDER PUBLIC-DOMESTIC COMPETITIVE BIDDING FOR
SUPPLY AND INSTALLATION OF CAR PARKING SHEDS FOR IPS1, IPS2 & IPS 3 LOCATIONS FOR VIZAG-VIJAYAWADA-SECUNDERABAD (VVSPL)
PIPELINE CAPACITY AUGMENTATION PROJECT OF M/S HINDUSTAN PETROLEUM CORPORATION LTD.
(BIDDING DOCUMENT NO: 18000010-HD-11994)
(WP REFERENCE NO: 14495-00-PP-ITT-0047)
M/s Hindustan Petroleum Corporation Limited (hereinafter referred to as "HPCL") has appointed WorleyParsons India Pvt. Ltd. (hereinafter referred to as "WorleyParsons") as EPMC for the project. WorleyParsons on behalf of HPCL invites Bids through e-tendering on Domestic Competitive Bidding basis for Supply and Installation of Car Parking Sheds For IPS1, IPS2 & IPS 3 Locations for VVSPL Capacity Augmentation Project (VVSPL) under single stage two-bid system from competent suppliers meeting the Bidder Qualification Criteria (BQC) as detailed herein. Bids submitted online in e-tender portal of HPCL https://etender.hpcl.co.in shall only be considered for processing.
1.0 BRIEF PROJECT DETAILS:
HPCL is currently pursuing to expand Vizag refinery from the current name plate capacity of 8.3 MMPTA to 15 MMTPA with a yield of 11.85 MMTPA for MS, HSD & SKO. In-line with refinery expansion plan, HPCL is also planning to take up capacity augmentation of existing VVSPL (Vizag Vijayawada Secunderabad Pipeline) from 5.38 MMTPA to 7.9 MMTPA simultaneously.
Capacity augmentation is proposed by implementation of new pump stations at existing IPS-1 (Ch. 92.9 km), IPS-2 (Ch. 264.5 km), SV-17 Station and also by upgrading the existing booster pump facilities in Vizag, Rajahmundry, Vijayawada, Suryapet and in Secunderabad. It also covers formulating and integration of new facilities with existing Electrical, Instrumentation, PLC, SCADA, APPS including LDS, OWS system, piping arrangements.
2.0 SCOPE OF SUPPLY:
The scope of work includes (but not limited to) the Design, Engineering, Procurement of material / Components/bought out items, Supply, Manufacturing, Fabrication, Assembly, Painting, Inspection, Testing, Packing & Forwarding, Delivery and Installation, Commissioning for SUPPLY AND INSTALLATION OF CAR PARKING SHEDS FOR IPS1, IPS2 & IPS 3 LOCATIONS, complete with all the associated necessary accessories in compliance with attached Material Requisition for VVSPL Capacity Augmentation Project, (As per Scope of Supply & Works mentioned in e-tender)
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3.0 BIDDER QUALIFICATION CRITERIA (BQC):
3.1 TECHNICAL CRITERIA 3.1.1 Bidder shall meet all the following criteria:
Bidder shall have proven track record of having successfully executed similar work comprising of Supply, installation, testing and commissioning of smart inverted canopies with Solar and Rainwater harvesting component works for covered areas during the last 7 years reckoned from 31/05/2018.
3.1.2 The Bidder, during the last seven years ending 31/05/2018, should have successfully completed *Similar Work Order(s) meeting either of the following criteria:-
Domestic Bidders
Sl. No.
Details
One Similar
(*) order executed &
completed of value not less
than
Or Two Similar (*)
order executed & completed each of value not less than
Or Three Similar (*) order executed &
completed each of value not less than
INR (IN LAKHS)
1 Supply & installation of Car Parking Sheds
17 11 8.5
*Definition of Similar Work: “The similar work mentioned above is works involving “Supply, installation, testing and commissioning of smart inverted canopies with Solar and Rainwater harvesting component works for covered areas”.
Note:
1. Bidder shall quote for all line items and the evaluation criteria will be overall lowest. 2. Bidder shall submit the dealership / manufacturer authorization certificate for supplied items in
case the bidder is an authorized dealer / representative of the manufacturer.
3. Bidder shall furnish necessary documentary evidence by uploading the documents in the e-portal of HPCL, such as notarized copies of purchase order/work order (clearly indicating scope of work), inspection release note, final invoice, and certified bills from client, completion certificates from client.
4. For the Bidders who are submitting Purchase orders against bid qualification criteria in a currency other that INR and USD, purchase order value/Financial statements etc. will be converted into Indian Rupees at the Bill selling rates as on date of issue of Purchase Order, as available in State Bank of India, Mumbai. In case, exchange rate is not available in State Bank of India (Mumbai), alternative sources viz. Economics Times shall be considered for all the currencies.
3.2 COMMERCIAL
3.2.1 FINANCIAL CRITERIA:
Bidder shall meet all the following criteria:
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Bidder shall have achieved minimum average Annual Financial turnover as per audited financial results in the last 3 financial / calendar (2015, 2016, 2017) for companies having financial year ending in December or 2014 -2015, 2015 - 2016, 2016- 2017 for companies having financial year having other than December.
Sr. No.
Schedule Details
Average Annual financial turnover during the last 3 years, ending 31st March 2017, should
be at least Rs. (In Lakh)
1 Supply & Installation of Car Parking Sheds 6.5
3.2.2 NET WORTH: Net worth of the bidder for financial year ending 31st March 2017* should be positive. However it will not be applicable for PSUs approved by HPCL.
Note: (*): 1. In case Bidders’ financial statements are audited in calendar year, bidder’s Average Annual
financial turnover during the last 3 years, ending Dec- 2017 shall be checked against criteria stated at clause no. 3.2.1 above & Net worth ending Dec- 2017 against criteria stated at clause no. 3.2.2 above.
2. Bidder shall furnish necessary documentary evidence by uploading the documents in the e-
portal of HPCL, such as notarized copies of audited Annual Report/Balance Sheet for last
three years as mentioned above, Original Certificate from Chartered Account indicating
Turnover & Net worth.
3.3 GENERAL:
3.3.1 Bidder shall meet the technical as well as commercial qualification criteria as stated above. Support documents pertaining to bidders Qualification criteria have to be uploaded under Bid common forms Tilted “Bidders Qualification Criteria”. Two formats namely BQC –Technical & BQC-Financial are given in tender common forms under the same heads. These documents after duly filled, signed & stamped have to be uploaded under similar heads provided in Bid Common Forms. In absence of requisite documents, HPCL / WorleyParsons reserve the right to reject the Bid without making any reference to the Bidder.
3.3.2 The bid evaluation procedure is specified in bid document. 3.3.3 OTHER INFORMATION
1.0 Parties who are affiliates of one another can decide which affiliate will make a bid. Only one affiliate may submit a bid. Two or more affiliates are not permitted to make separate bids directly or indirectly. If two or more affiliates submit a bid, then any one or all of them are liable for disqualification. However up to 3 affiliates may make a joint bid as a Consortium and in which case the conditions applicable to a Consortium shall apply to them. "Affiliate" of a party shall mean any company or legal entity which:
a) Controls either directly or indirectly a party, or b) Which is controlled directly or indirectly by a Party; or c) Is directly or indirectly controlled by a company, legal entity or partnership which
14495-00-PP-ITT-0047 9 of 170
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, cause the direction of the management and material business of the controlled entity.
2.0 Bids may be submitted by:
a) A single person/entity (called sole bidder); b) A newly formed incorporated joint venture (JV) which has not completed 3 (three)
financial years from the date of commencement of business; c) A consortium (including an unincorporated JV) having a maximum of 3 (three)
members; d) An Indian arm of a foreign company.
3.0 Fulfillment of Eligibility criteria and certain additional conditions in respect of each of
the above four (4) types of bidders are stated below, respectively: a) The sole bidder (including and incorporated JV which has completed three (3)
financial years after date of commencement of business) shall fulfill each eligibility criteria.
b) In case the bidder is a newly formed and incorporated joint venture and which has not completed three (3) financial years from the date of commencement of business, then either the said JV shall fulfill each eligibility criteria or any one constituent member/promoter of such a JV shall fulfill each eligibility criteria. If the bid is received with the proposal that one constituent member/promoter fulfills 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 over 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 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 consortium may only be a 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 a corporation) and provide evidence by a copy of the articles of corporation (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 fulfill 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’s commitment to perform all relevant tasks and obligations in support of the Prime/lead member of the Consortium and a commitment not to withdraw from the consortium;
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 the Owner (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
14495-00-PP-ITT-0047 10 of 170
bidder or as a consortium only; 12) Any person or entity can bid either singly or as a member of only one consortium.
d) In case the bidder is an Indian arm (subsidiary, authorized agent, branch office or
affiliate) of a foreign bidder, then the foreign bidder shall have to full fill each eligibility criteria. If such foreign company desires that the contract be entered into with the Indian arm, then a proper back to back continuing (parent company) guarantee shall be provided by the foreign company clearly stating that in case of any failure of any supply or performance of the equipment, machinery material or plant or completion of the work in all respects and as per the warranties/guarantees that may have been given, then the foreign company shall assume all obligations under the contract. Towards this purpose, it shall provide such comfort letter/guarantees as may be required by Owner. The guarantees shall cover inter alia the commitment of the foreign company to complete the entire work in all respects and in a timely fashion being bound by all the obligations under the contract, an undertaking to provide all necessary technical and financial support to the Indian arm or to render the same themselves so as to ensure completion of the contract when awarded, an undertaking not to withdraw from the contract till completion of the work etc.
14495-00-PP-ITT-0047 11 of 170
4.0 EARNEST MONEY DEPOSIT (EMD) / BID SECURITY: Bid Security / EMD shall be as mentioned below: -
Sr. No.
Schedule Details
EMD - Domestic Bidder
( in INR)
1 Supply & Installation of Car Parking Sheds 42,000.00
Note:
(a) The requirement of bid security shall be as defined in the ‘Note’ under clause 3.1 above.
(b) Public Sector Enterprises and Small scale industries (Registered with NSIC) are exempted
from submission of Bid Security. However to claim the exemption Public Sector Enterprises shall submit a declaration on their letter head and Small Scale Industries shall submit valid copy of NSIC Registration Certificate.
(c) In case of Consortium (including an unincorporated JV), the bid security shall be submitted by
the “Prime Member”. 4.1.1 The bid security/EMD is required to protect the Owner against the risk of Bidder’s conduct, which
would warrant the security’s forfeiture.
In e-tenders, a scanned copy of Bid Security/EMD or MSE Certificate seeking exemption shall also to be uploaded with the offer at e-portal https://etender.hpcl.co.in. EMD shall be accepted in the form of demand draft/ pay order, banker’s cheque (in favour of “ Hindustan Petroleum Corporation Limited ”, payable at Bangalore), issued by any Scheduled bank other than cooperative bank or in the form of Irrevocable Bank Guarantee issued by any Scheduled bank other than cooperative bank in case of Domestic Bidder.
In case EMD is submitted in the form of Bank Guarantee by Domestic Bidder, it should be made on non-judicial stamp paper of appropriate value (denomination) and should be valid for SIX (6) months from due date / extended due date of the tender (as per the proforma attached in the General Terms and Conditions in the format at Annexure-A of Chapter-9), however, demand draft / pay order/ Banker’s Cheque may be valid for three months for Domestic as well as foreign bidders. Cheque / FDR or EMD in any other form shall be treated as offer without EMD and shall not be acceptable. Bid Security received late due to any reasons shall be rejected.
4.1.2 EMD (original instrument: DD/Pay order/ Banker’s Cheque OR Bank Guarantee)/ EMD exemption document should be kept in separate envelope (super-scribed with tender number, job & due date) and should be deposited by tender due date and time, in the tender box provided in the office of :-
Bangalore-560052 India. 4.1.3 In case the EMD (original instrument) is not deposited in the tender box (as mentioned above) by
tender due date and time, the offer of bidder shall be rejected. Owner / Consultant shall not be responsible for any postal delays or non-receipt of EMD by tender due date and time, reasons whatsoever.
4.1.4 Bidders are requested to advise their BANKS not to post Bank Guarantee/or any Other EMD/Bid
security document directly to HPCL, as the Bid Security/EMD is to be submitted as mentioned in para 4.1.2.
4.1.5 The EMD shall be held interest free and no bank charges shall be payable by Owner / Consultant
towards the EMD submitted by the bidders. 4.2 EMD FORFEITURE (In case EMD is applicable) AND FURTHER ACTION AS PER
CORPORATION’S (HPCL) POLICY:-
EMD submitted by the bidder for subject tender shall be forfeited in following cases:- (i) Withdrawal of bid in interval between the deadline for submission of bids and
the expiration of the period of bid validity specified by the bidder (To be read in conjunction with clause no. 12.3 of ITB).
(ii) Unsolicited post bid modification (To be read in conjunction with clause no. 15.8 of ITB). (iii) Price changes against technical/commercial clarification, if any, in line with
terms & conditions of enquiry documents are not allowed. (To be read in conjunction with clause no. 15.8 of ITB)
(iv) Conditional Price Bids. (v) Non –Withdrawal (by evaluated lowest bidder) of deviations mentioned elsewhere other
than on-line deviation sheet. (vi) Any new deviation stipulated after tender due date (To be read in conjunction with point
no. 12.4 of ITB) (vii) Unsolicited Post Bid Revision in Taxes & Duties. (viii) Violation of Integrity Pact (If Applicable).
DISCLAIMER:- Besides above, Owner/Consultant reserves the right to forfeit the EMD of bidder (In case
EMD is applicable) and take further action as per corporation’s (HPCL’s) policy in case bidder deviates from his submitted offer / adopt unfair practices.
4.3 REFUND OF BID SECURITY / EARNEST MONEY DEPOSIT
EMD should be refunded to other than lowest evaluated bidder(s), immediately upon completion of price evaluation, by means of A/c Payee cheques or e-payment. The successful Bidder’s bid security will be discharged upon the Bidder’s accepting the Contract/ Purchase Order, and furnishing the requisite bank guarantee / security Deposit in line with the tender terms and conditions.
5.0 DELIVERY PERIOD: Refer Chapter – 7 for completion period. 6.0 PRE-BID MEETING – IF APPLICABLE: 6.1 Pre-Bid Meeting shall be held as mentioned in Clause No.1.0 of NIT.
14495-00-PP-ITT-0047 13 of 170
6.2 All question/ queries should be referred to Owner/Consultant not later than 3 (three) days before Scheduled date of pre-bid meeting and HPCL/WorleyParsons reserves the right not to entertain any pre-bid query after cut-off date. Reply to Pre-Bid Queries shall be hosted on HPCL Tender website.
6.3 Bidders in their own interest are advised to take part in the pre-bid meeting by deputing their
competent personnel. This will help bidder not only to cut short of the evaluation time leading to requirement of shorter bid validity but also enable them to submit their best prices based on the clear techno-commercial scope.
7.0 GENERAL
7.1 Owner /Consultant reserve the right to carry out capacity & capability assessment of the bidder
using in –house information and past performance.
7.2 Owner/Consultant shall not be responsible for any costs or expenses incurred by Bidder in
connection with the preparation or delivery of Bids, site-visit and other expenses incurred during
bidding process, regardless of the outcome of the bidding process.
7.3 In case any bidder is found to be involved in cartel formation, his bid will not be considered for
evaluation / placement of order. Such bidder will also be debarred from bidding in future.
7.4 Canvassing in any form by the bidder or by any other agency on their behalf may lead to
disqualification of their bid.
7.5 Unsolicited clarifications to the offer and / or change in the prices during the validity period would
render the bid liable for rejection.
7.6 Bidder shall not be under liquidation, court receivership or similar proceeding.
7.7 Net Worth of bidder shall be calculated as per the formula below:
Net worth means paid up share capital, Share Application Money pending allotment* and
reserves# less accumulated losses and deferred expenditure to the extent not written off.
# Reserves to be considered for the purpose of net worth shall be all reserves created out of the profits and securities premium account but shall not include reserves created out of revaluation of assets, write back of depreciation and amalgamation.
*Share Application Money pending allotment will be considered only in respect of share to be allotted.
Accordingly, the definition of Net worth shall be as follows:
Paid up share capital XXXX Add: Share Application Money pending allotment XXXX Add: Reserves (As defined Above) XXXX Less: Accumulated Losses XX Less: Deferred Revenue Expenditure to the extent not written off
XX
Net worth XXXX
7.8 In case a bidder is having wholly owned subsidiaries but only a single consolidated annual report is
prepared and audited which includes the financial details of their wholly owned subsidiaries,
consolidated audited annual report shall be considered for establishing the financial criteria subject
to statutory auditor/ chartered accountant of the bidder certifying that separate annual report of
bidder (without the financial data of subsidiaries) is not prepared and audited.
Further, in case a bidder is a subsidiary company and separate annual report of the bidder is not
published, but only a consolidated annual report of the Parent Company is available, consolidated
audited annual report shall be considered for establishing the financial criteria subject to statutory
14495-00-PP-ITT-0047 14 of 170
auditor/ chartered accountant of the bidder certifying that separate annual report of bidder is not
prepared and audited.
7.9 In the event of submission of any document / certificate/ Audited Annual Financial Results by the
bidder in a language other than English, the bidder shall get the same translated into English and
submit the same after getting the translation duly authenticated by local Chamber of Commerce of
Bidder's country.
7.10 Owner /Consultant will follow purchase preference policy as per prevailing guidelines of Govt. of
India.
7.11 Clarification if any, can be obtained (on working days, between 09:00 Hrs to 16:00 Hrs) through
1.1 The Bidder shall bear all costs associated with the preparation and submission of the bid, and Owner/ Consultant will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.
2.0 BID DOCUMENT
2.1 The bidder is expected to examine all instructions, forms, terms and specifications in the bid document. The Notice Inviting Tender ,Invitation for Bids (IFB) together with all its attachments thereto, shall be considered to be read, understood and accepted by the bidder, unless deviations are specifically stated seriatim by the bidder. Failure to furnish all information required by the bid document or submission of a bid not substantially responsive to the bid documents in every respect will be at bidder’s risk and may result in the rejection of his bid.
2.2 The bidder's scope of supplies as specified in the Material Requisition shall be in strict compliance with the scope detailed therein and in the bid document.
3.0 AMENDMENT OF BID DOCUMENT
3.1 At any time prior to the bid due date, the Owner may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Bid Document.
3.2 The amendment/corrigendum to tender shall be published at Owner's e-PORTAL
https://etender.hpcl.co.in and HPCL's website www.hindustanpetroleum.com. Bidders are advised to visit these websites regularly to keep themselves updated. In case bidder has submitted the online bid before corrigendum, such bidder shall be required to modify /edit the already submitted bid before tender submission due date/extended due date, whichever is later. In case of bidder submitted the bid without compliance /confirmation /acceptance to corrigendum, he shall not be allowed to revise the bid price /rates on account of compliance/acceptance /confirmation to corrigendum. Such bidder shall be given opportunity during evaluation to accept/confirm compliance to corrigendum without revision in rates and taxes, failing which the bid shall be rejected at the sole discretion of the Owner
3.3 In order to afford prospective Bidder, reasonable time in which to take the amendment into
account in preparing their bids, the Owner may, at its discretion, extend the bid due date.
4.0 LANGUAGE OF BID
4.1 The bid prepared by the Bidder and all correspondence/ drawings and documents relating to the bid exchanged by Bidder and the Owner/Consultant shall be written in ENGLISH language, provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an ENGLISH translation, in which case, for the purpose of interpretation of the bid, the English translation shall govern.
4.2 In the event of submission of any document / certificate / Audited financial report by the bidder in a
language other than English, the bidder shall get the same translated into English and submit the same after getting the translation duly certified by local Chamber of Commerce of Bidder’s country.
5.0 BID PARTS
5.1 Bid shall be in two parts. Part-I shall be unpriced bid & Part-II shall be priced bid. Bidder shall
14495-00-PP-ITT-0047 18 of 170
include Bid Security, Integrity pact duly signed & stamped, unpriced price Schedule duly filled as “quoted” in each cell of price Schedule etc. shall be submitted with Part-I. Duly filled Part-II with price figures shall be submitted in Part-II (in e-portal of HPCL).
6.0 DOCUMENTS COMPRISING THE BIDS
6.1 The bid prepared by the Bidder shall comprise the following components:
6.1.1 UNPRICED BID( PART-I):
a) Physical Documents:
� Bid Security - Original DD / BG.
� NSIC / MSE Registration certificate in lieu of EMD.
� Power of Attorney of bidder’s representative digitally signing the bid document
� Duly signed & stamped Integrity Pact.
Physical documents in seal envelope containing above documents shall be super scribed
with Tender no, Due date and name of the Job to be submitted at the following address on
or before Bid Due date and time :-
Shri D P Srivastava
Manager - Purchase Hindustan Petroleum Corporation Limited VVSPL Capacity Augmentation Project 2nd Floor, No.332, Darus Salam Building Queen's Road Bangalore- 560052. India. In e-tenders, a scanned copy of Bid Security/EMD or MSE Certificate seeking exemption shall also to be uploaded with the offer at e-portal https://etender.hpcl.co.in.
i. In case Bid Security / EMD is not received as per Clause 04 of NIT (Global Notice Inviting Tender) the offer of the bidder shall be rejected.
ii. In case of availing exemption, NSIC / MSE Certificate as per the requirement of Clause 04 of NIT (Global Notice Inviting Tender) shall be submitted, wherever applicable.
iii. Bidders are advised to instruct their banks not to post Bid Security directly to HPCL as the same has to be deposited as explained above.
b) Documentary evidence establishing Bidder's claim for meeting Bidder Qualification Criteria
as stipulated in the Bid Document. Owner/Consultant reserve the right to call the bidder
during evaluation along with originals for verification of the documents submitted by the
bidder in his bid. OWNER / CONSULTANT also reserve the right to get the documents
(purchase orders, completion certificates and other documents submitted by the bidder)
verified/ confirmed by the issuing authority of these documents.
c) Power of Attorney in favour of person (s) digitally signing the bid that such person (s) is/are
authorised to sign the bid on behalf of the bidder and any consequence resulting due to
such signing shall be binding on the bidder;
d) Tender document including Corrigendum, if any, and subsequent correspondences duly
stamped and signed on each page as a token of acceptance. Please note no hard copy of
documents shall be taken in case of e-tender except the documents stated in the note at
j) Any other information/details/documents/data required as per Bid Document.
k) NOTE: The documents sought under clause 6.1.1 a are to be received by OWNER by bid
submission date & time in hard copy. However, scanned copies of documents under
clause 6.1.1 a along with balance documents are to be uploaded at OWNER e-tender
website. 6.1.2 PRICED BID ( PART-II):
a) It shall consist of Price Bid only. It shall be uploaded on the e-portal https://etender.hpcl.co.in
b) Bidders are advised to ensure that the Price Bid is quoted and uploaded in the e-procurement system. Quoted price shall include Basic cost, packing charges, loading charges, Insurance, Freight and any other charges, if any.
c) Bidders have to ensure that Bid Price is not mentioned anywhere in the Techno Commercial bid, failing which the bid is liable to be rejected.
7.0 BID FORM & PRICE SCHEDULE FORMAT
7.1 The bidders shall complete the Bid Form and appropriate Price Schedule Format furnished in the Chapter 6 of Bid Document, indicating the required information.
8.0 PREPARATION & SUBMISSION OF BIDS
8.1 Bids shall be submitted at the address by the due date & time.
8.2 Documents mentioned in the Bid Document shall be submitted along with the bid by the Bidder.
8.3 Addenda/Corrigenda to the Bid Document, if issued, must be signed and submitted along with the bid.
8.4 Bidders are advised to submit bids based strictly on the terms & conditions and specifications contained in the Bid Document and not to stipulate any deviations.
8.5 A Bidder( i.e., the bidding entity) shall, on no account submit more than one bid either directly ( as a single bidder or as a member of consortium) or indirectly failing which all bids submitted by such bidder directly & indirectly , shall stand rejected and BID SECURITY shall be Forfeited.
9.0 BID DUE DATE AND TIME
9.1 Bid is required to be submitted through OWNER e-PORTAL https://etender.hpcl.co.in only, on or before the Bid submission date and time.
9.2 The Owner may, at its discretion, on giving reasonable notice by letter/fax/e-mail, or any written communication to all prospective Bidders who have been issued the bid documents, extend the bid due date, in which case all rights and obligations of the Owner and the Bidders, previously subject to the bid due date, shall thereafter be subject to the new bid due date as extended.
9.3 Request for extension of tender submission due date, if any, shall be considered at the sole discretion of Owner. However, Owner reserves the right not to entertain any request for extension received within two (2) days of tender submission due date/time.
10.0 PERIOD OF VALIDITY OF BIDS
10.1 Bids shall be kept valid for 120 days from the final bid due date. A bid valid for a shorter period
shall be considered as non-responsive and will be liable for rejection.
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10.2 The Bidder shall not be entitled during the said period of 120 days, without the consent in writing of the Owner to revoke or cancel its bid or to vary the bid given or any term thereof. In case of Bidder revoking or cancelling its bid without the consent of the Owner in writing, the Owner shall forfeit the Bid Security furnished by Bidder.
10.3 Notwithstanding above, the Owner may solicit the Bidder’s consent to an extension of the period
of bid validity. The request and the responses thereto shall be made in writing. The bid security
shall also be accordingly extended.
11.0 LATE BIDS
11.1 E-tendering portal shall close immediately after the deadline for submission of bid.
11.2 Bids must be submitted online in e-tendering portal of OWNER. Bids submitted through any other mode shall not be considered for opening / evaluation / award and shall be rejected.
12.0 MODIFICATION AND WITHDRAWAL OF BIDS
12.1 The Bidder may modify or withdraw his bid after the bid’s submission, provided that the modification/ withdrawal notice is received by the Owners/ Consultant prior to the bid due date & time, but, before the due date and time for submission of Bid following the electronic bid submission procedures.
12.2 No bid shall be modified subsequent to the due date & time or extension, if any, for submission of bids. Bidder(s) to note that unsolicited price changes (including changes in taxes, duties mentioned & their applicability) after submission of bid shall not be allowed. In case any bidder gives unsolicited revised prices/price implication, his bid shall be rejected and EMD/ Bid security submitted by the bidder shall be forfeited, however, any unilateral rebate shall be dealt as per Clause no. 23 of ITB.
12.3 No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder. Withdrawal of a bid during this interval shall result in the forfeiture of Bidder’s EMD/Bid security and further action as per corporation (OWNER) policy.
12.4 No new deviation will be received/ accepted from bidder after bid due date & time. In case bidder submits new deviation, his bid will be rejected. At the sole discretion of the owner bidder may be given opportunity to withdraw the deviation and in case the same is not withdrawn by the bidder, the offer of the bidder shall be rejected.
13.0 OPENING OF BIDS
13.1 Unpriced bid shall be opened by OWNER/CONSULTANT on the date and time specified in Invitation for Bids (IFB) / e-tender. Date & time for opening of price bids shall be advised later to only techno-commercially accepted bidders.
13.2 In case of e-tender, the bids shall be opened online and bidders shall be able to view details by logging in at their remote location. Physical presence of bidders at WorleyParsons/HPCL‟s office is not required for witnessing bid opening.
14.0 BID PRICES & BIDDING CURRENCY
14.1 Bidder to submit their Prices in Indian Currency only. Payment shall be made in Indian Rupees Only.
14.2 Deleted.
15.0 EVALUATION OF BIDS
15.1 The Owner/Consultant will examine the bids to determine whether they are complete, whether any computational errors have been made, whether the documents have been properly digitally signed and whether the bids are generally in order.
15.2 The bids without requisite Bid Security and/or not in the prescribed proforma will not be
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considered and bids of such Bidder(s) shall be rejected at the sole discretion of Owner/Consultant.
15.3 Qualification of Bidder: The experience details and financial, technical & production capabilities of the Bidder(s) shall be examined to determine whether the Bidder(s) meet the Qualification Criteria mentioned in the INVITATION FOR BIDS (IFB). Bids that do not meet the qualification criteria mentioned in IFB shall be rejected.
15.4 Bidder shall mandatorily quote for all the Schedules.
15.5 The price bids of techno-commercially accepted bidders shall only be opened.The evaluation criteria shall be Overall Lowest (L1) on the basis of Delivered Landed Cost at Site including all duties, taxes, freight etc. (i.e. lowest delivered cost for complete scope for each individual location). The price bids shall be opened in the following order.
15.6 Deleted
15.7 After tender submission due date & time/ extended due date & time (as the case may be) the bidders shall not make any subsequent price changes/Changes on taxes quoted, whether resulting or arising out of any technical / commercial clarifications sought/allowed on any deviations or exceptions mentioned in the bid unless discussed and agreed by Owner/Consultant in writing. In case a bidder submits the bid without confirmation/compliance/acceptance to corrigendum’s (issued before bid submission due date/extended due date), bidder shall not be allowed to change the bid price /rates on account of compliance /acceptance/confirmation to such corrigendum.
15.8 To assist in the examination, evaluation and comparison of unpriced bids, the Owner/Owner’s Consultant may, at its discretion, ask the Bidder clarifications on the bid. The request for such clarifications and the response thereto shall be in writing and shall be binding on the bidder.
15.9 Bidder(s) to note that Price changes against Technical/Commercial clarification, if any, in line with terms & conditions of enquiry documents are not allowed. In case, any bidder gives revised prices/price implications (including revision in taxes /duties & their applicability) against such clarification, it would amount to unsolicited post bid modification by the bidder and action shall be taken by the owner as per clause “MODIFICATION AND WITHDRAWAL OF BIDS” mentioned above. However, the Owner/Consultant reserves the right to seek cost implication/revised rates from all the vendors in case of a revision in technical specification/scope of job.
15.10 Prior to the evaluation and comparison of the bid, the Owner/ Owner’s Consultant will determine the substantial responsiveness of each bid to the bidding documents. For the purpose of this Article, a substantially responsive bid is one, which conforms to all the terms and conditions of the bidding document without material deviations or reservations. The Owner’s/Consultant’s determination of a bid’s responsiveness is to be based on the contents of the bid itself without recourse to the extrinsic evidence.
15.11 A bid determined as substantially non-responsive will be rejected by the Owner/Consultant and shall not subsequently be allowed by the Owner/Consultant to be made responsive by the Bidder by correction of the non-conformity.
15.12 Bidders are requested to accept tender terms/conditions in totality and should avoid deviations.
15.13 In case deviations to tender terms/conditions are unavoidable, the same should be mentioned in ONLINE DEVIATION SHEET. Deviations mentioned elsewhere shall not be considered by Owner/Consultant.
15.14 In Case, bidder is evaluated L1 bidder and has mentioned deviation to tender terms not in online deviation sheet, but elsewhere and is not withdrawing those deviations, Owner/Consultant shall reject his bid and forfeit the EMD/Bid security of the bidder in such cases.
15.15 No set off (including set off on account of taxes/duties) shall be considered in evaluation for deciding L1 bidder.
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15.16 In case any deviation sought by bidder is accepted by Owner, Owner reserves the right to suitably load the bidder for evaluation purpose only.
15.17 Evaluation shall be carried out based on price quoted by bidder including stated taxes & duties as on date of opening of unpriced bid. For import content also, if any, no exchange rate variation / Customs duty variation shall be considered during evaluation.
15.18 Bidder must quote the entire cell against each quoted line item. If no prices (free of cost) are envisaged for any of the entries, ‘0’ shall be mentioned. In this context “0’ mentioned against any item shall construe that the Bidder shall not charge any amount separately for that item from the Owner and shall execute the job as per the scope, terms and conditions of the tender. If bidder quotes any Statutory Taxes and duties at a rate different from the present/ statutory rate, then the taxes and duties as quoted by the bidder shall be considered for evaluation; however payment shall be made as per the taxes & duties quoted by the bidder or payable as per statutes, whichever is less.
15.19 Non acceptance of commercial terms and conditions may result in rejection of bidder offer, or suitable commercial loading e.g. for non-acceptance of PRS clause, loading @ as defined for PRS shall be imposed. Deviations on payment terms shall be loaded with interest rate of SBI's Prime lending rate (PLR) + 1% prevailing on tender submission due date/extended due date(whichever is later).
15.20 Owner/Consultant reserves the right, at the time of award of contract, to increase or decrease in quantity(ies)of goods for any/all items as specified in the bid document without any change in the unit prices (as well as lump sum prices, if any) and other terms and conditions. Bidder’s quoted prices shall be valid for such quantity variation.
15.21 Evaluation will be done inclusive of all taxes as under:
a) Registered Bidders: The tax liability will be borne by the bidder and the same shall be considered for the purpose of evaluating the bid.
b) Unregistered Bidders: The tax liability will be borne by HPCL under reverse charge and the same shall be loaded for the purpose of evaluating the bid.
c) Bidders under composition scheme: The rate is considered to be inclusive of all taxes and no separate tax shall be billed to HPCL and the bid shall be accordingly evaluated.
For this purpose Bidder should give status whether Registered, Unregistered or Composition Scheme.
In case of different rates of Goods and Service Tax (GST) quoted by the Bidders, Corporation reserves the right to query on the same and adopt the correct classification and GST rate. The decision of Corporation in this regard will be final and binding on the Bidder.
For imports (if applicable), all relevant costs/taxes (as mentioned elsewhere in the tender documents) will be included for the purpose of evaluation.
16.0 REJECTION CRITERIA
16.1 Owner/ Consultant expect Bidder’s compliance to requirement of Bidding Document without any deviation and submit substantially responsive bid.
16.2 Bids not compliance to requirement of Bidding Document shall be given once chance to withdraw their deviations/stipulations. Bids with the following deviation(s) to the bid conditions shall be considered as non-responsive and be rejected:
16.2.1 Bid Security
16.2.2 Tender Fee( if applicable)
16.2.3 Mention rates anywhere else in the tender other than online Price Bid
16.2.4 Security Deposit
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16.2.5 Period of Validity of bids shorter than specified
16.2.12 Unsolicited Price change/implication (including revision in taxes / duties & their applicability) after bid submission due date / extended due date; however, any unilateral rebate shall be dealt as per clause no. 23 of ITB.
16.2.13 Integrity Pact
16.2.14 Non Submission of declaration of not banning / holiday listing/delisting from Government of India /ministries of Govt. of India / PSU
16.2.15 Non-conformance of scope of work /technical specifications
16.2.16 Performance Security (Contract Performance Bank Guarantee)
16.2.17 Guarantee/ Warranty Clause
16.3 Bids that do not meet the bidder qualification criteria as specified in the bid document shall be rejected.
16.4 A bid with incomplete scope of work and/or which does not meet the technical requirements as specified in the bid document shall be considered as non-responsive and rejected.
16.5 Price must be furnished in the Price Schedule format available online in e-tender portal of HPCL https://etender.hpcl.co.in and shall be strictly based on the terms specified under “Bid Prices” & “Taxes & Duties” specified in the bid document. Noncompliance of this requirement shall make the bid liable for rejection. Conditional bids will be liable for rejection.
16.6 Conditional bids will be liable for rejection.
16.7 Non acceptance of commercial terms and conditions may result in rejection of Bidder offer or with suitable commercial loading.
16.8 In case bidder is on the holiday list/Banned/Blacklisted/Delisted by any Government or quasi Government agency or PSU, his offer may be rejected at the sole discretion of Owner.
16.9 Notwithstanding the above , if a Bidder who is on Holiday/ Negative/Suspension / Banning list of OWNER/CONSULTANT on due date of submission of bid / during the process of evaluation of the bids, the offers of such bidders shall not be considered for bid opening/evaluation/award. Further, in case of a consortium, if any of the member(s) of consortium is on Holiday/ Negative /Suspension / Banning list of OWNER/CONSULTANT on due date of submission of bid / during the process of evaluation of the bids, the offers of such consortium shall not be considered for bid opening/evaluation/Award.
16.10 Owner reserves the right to reject offers not meeting its Technical requirements and / or commercial conditions.
16.11 WRONG INFORMATION
If the Bidder deliberately gives wrong information in his Bid to create circumstances for the acceptance of his Bid, Owner reserves the right to reject his BID without any reference to the Bidder
17.0 COMPARISON OF BIDS
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17.1 The Owners / Consultant will evaluate and compare bids previously determined to be substantially responsive pursuant to the provisions of the bidding document.
17.2 The “Price Schedule” as quoted for Overall basis (as stated in IFB / Price Schedule) shall be taken up for evaluation Criteria defined in above Clause No .15 ( Evaluation of Bids).
17.3 Owner’s Consultant/Owner’s evaluation and comparison of prices of previously determined substantially responsive bids shall take following in account :-
17.3.1 FOR SCOPE OF SUPPLY Evaluated price shall be derived by taking the following into account :-
i) FOT Dispatch Point Price including loading on to trailers / Trucks.
ii) All taxes / duties as applicable on finished goods as quoted by Bidder would be as per the prevailing rates of GST for Supply of Material.
iii) Transportation of Material from manufacturer's work up to Project site inclusive of GST for Services, as quoted by the Bidder. Transit Insurance will be arranged & Borne by HCPL.
iv) Charges towards Installation/erection, pre-commissioning and commissioning as specified in Preamble of Price Schedule.
v) Loading on account of the technical parameters, as stipulated in SPC and Material Requisition, if any.
18.0 CONTACTING THE OWNER/ OWNER’S CONSULTANT
18.1 From the time of the bid opening to the time of the Contract award, if any bidder wishes to contact the OWNER for any matter relating to the bid it should do so in writing.
18.2 Any efforts by a Bidder to influence the Owner’s/ Owner’s Consultant during bid evaluation, bid comparison or contract award decisions may result in the rejection of the Bidder’s bid.
19.0 AWARD CRITERIA
19.1 Evaluation and comparison of bids shall be done to work out the ordering on Overall lowest delivered cost to Owner, utilizing maximum capacity taking following into consideration:
i. Evaluated Prices for all the Schedules.
ii. Price Preference to Indian Manufacturers.
iii. Purchase preference to Micro and Small Enterprise as per Public Procurement Policy of Govt. of India, 2012.
19.1.1 Evaluated Prices for all items.
Owner will award the job on Overall lowest delivered cost basis. However, if in the opinion of HPCL, the total price or certain item rates quoted by the lowest evaluated bidder are considered high, HPCL may invite such bidder for price negotiation. Lowest quoted bidder shall attend such negotiation meetings and if requested by HPCL, Bidder shall provide the analysis of rates/break-up of amount quoted by him for any or all items of Schedule of Rates/ Prices to demonstrate the reasonability. As a result of negotiation, bidder may offer rebate on his earlier quoted Price as per clause 23 of ITB.
19.1.2 Purchase preference to Micro and Small Enterprise as per Public Procurement Policy of Govt. of India,2012 shall be applicable as per Methodology as explained below:
19.1.2.1 Participating Micro and Small Enterprises quoting price within price brand of L1+15% shall also be allowed to supply a portion of requirement by bringing down their prices to L1 price in a situation where L1 price is from someone other than a micro and small enterprises and such micro and small enterprises shall be allowed to supply up to 20% of the total tendered value. In case of more than one such Micro and Small Enterprises, the supply shall be shared proportionately (to tendered quantity).Further, out of above 20%, 4% (20% of 20%) shall be from MSEs owned by SC/ST entrepreneurs. This quota is to be
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transferred to other MSEs in case of non-availability of MSEs owned by SC/ST entrepreneurs.
19.1.2.2 The MSEs owned by SC/ ST entrepreneurs shall mean:
a. In case of Proprietary MSE, Proprietor(s) shall be SC/ ST.
b. In case of Partnership MSE, the SC/ST partners shall be holding at least 51% share in the unit.
c. In case of Private Limited Companies, at least 51% share is held by SC/ ST. If the MSE is owned by SC/ ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard.
19.1.2.3 The quoted prices against various items shall remain valid in case of splitting of quantities of the items as above.
19.1.2.4 The owner reserves the right to allow Micro & Small enterprises as well as MSEs Owned by SC/ST entrepreneur, price preference as admissible under the prevailing procurement policy for MSEs.
The quantity against the item(s) of MR may be split to enable ordering of 20% quality against the item(s)of MR to MSEs, in line with price preference as admissible under the prevailing procurement policy for MSEs. Accordingly, the quoted prices against various items of MR shall remain valid in case of splitting of quantities of the items in view of the same. However, in case where quantity against a line item cannot be split (i.e. minimum 20% to MSEs) or items with single quantity or in group item, the complete line item/group shall be awarded on MSE bidder within the price range of L1 bidder’s evaluated price+15% subject to their matching L1 bidder’s price.
19.1.2.5 MSE bidder shall submit the following:
i. Documentary evidence that the bidder is a Micro or Small Enterprises registered with District Industries Centres or Khadi and Village Industries Commission 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, Small and Medium Enterprises.
ii. If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard.
If the bidder does not provide the appropriate document or any evidence to substantiate the above, the NIT will be presumed that he does not qualify for any preference admissible in the Public Procurement Policy, 2012.
19.1.3 Price Preference to Indian Manufacturers:
Government have decided that the domestic manufacturers of capital goods supplied to fertilizer, power and petroleum projects under international competitive bidding would be accorded a price preference to offset Central Sales Tax to the extent of 4% or actuals, whichever is less, as well as Octroi at actuals. This dispensation would be subject to 30% of local content norm as stipulated for World Bank funded projects.
Local Content (LC) linked Purchase Preference Eligible (techno-commercially qualified) LC manufacturers / LC service providers may be granted a purchase preference of 10% at the lowest valid price bid.
Bidders to note that Local Content (LC) linked Purchase Preference shall not be available for goods/ services falling under MSME (Micro, Small and Medium Enterprises) or DMEP (Domestically Manufactured Electronic Products) as those Products / Services are already covered under the specific relevant policy.
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Bidders to declare their preference for seeking benefit under PPLC policy or MSME/DMEP policy.
19.2 Deleted
19.3 Workability Clause
Where the lowest bid is very low compared to the cost estimate and other higher bids, the Owner shall review the lowest offered bid for workability of rates and shall ascertain whether Bidder has properly quoted with reference to the scope. In such cases, Owner may require the lowest Bidder to produce detailed price analysis for any or all items to demonstrate the internal consistency of these prices. After evaluation of the price analysis, Owner may require that the amount of the performance security is increased to a level sufficient to protect the Owner against financial loss in the event of default of the successful Bidder under the order and same shall be provided by the bidder. Where based on workability assessment by authority (Owner/Consultant), the vendor's bid is found non-workable, the same will be rejected and EMD, if any, forfeited.
20.0 OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
20.1 Owner reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders or; any obligations to inform the affected Bidder or Bidders of the ground for the Owner’s action.
20.2 The submission of any bid connected with these documents and specifications shall constitute an agreement that the Bidder shall have no cause for action or claim, against the Owner for rejection of his bid. The Owner shall always be at liberty to reject or accept any bid or bids at his sole discretion and any such action will not be called into question and the Bidder shall have no claim in that regard against the Owner.
21.0 NOTIFICATION OF AWARD
21.1 Prior to the expiration of period of bid validity, the Owner will notify the successful Bidder in writing or by fax to be confirmed in writing, that his bid has been accepted. The Notification of Award will constitute the formation of the Contract.
21.2 Delivery Period shall be counted from the date of notification of award (Letter of Award).
22.0 ISSUE OF PURCHASE ORDER
22.1 After the successful Bidder/Bidders ( as per awards criterion) has been notified that his bid has been accepted, the Owner will send to such Bidder a detailed Purchase Order incorporating all the terms and conditions of the tender and deviation to tender terms if any ,permitted by Owner.
22.2 Within 15 days of receipt of the detailed Purchase Order, the Bidder shall sign and return it to the Owner, in token of acceptance of the Order. Failure on part of bidder in doing so may result in cancellation of Purchase order and further action by OWNER in line with tender terms including forfeiture of EMD/Bid security at the sole discretion of OWNER.
23.0 REBATE
23.1 If a bidder offers a rebate unilaterally after the closing date and time of the bid, it will not be taken into account for evaluating purposes, but if that bidder emerges as the lowest evaluated, the rebate offered will be taken into account and shall be binding on the bidder for award of work.
23.2 If a contractor submits his bid, qualifies and does not get the order because of his being not the lowest, he will be prohibited from working as a subcontractor for the contractor who is executing the order.
24.0 FRADULENT PRACTICES
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24.1 The OWNER/CONSULTANT requires that Bidder/Vendor/ Contractor observe the highest standard of ethics during the award/execution of Contract. “Fraudulent Practice” means a misrepresentation of facts in order to influence the award of a Contract to the detriment of the OWNER/CONSULTANT and includes collusive practice among bidders ( prior to or after bid submission ) designed to establish bid prices at artificial non-competitive levels and to deprive the OWNER of the benefits of free and open competition.
24.2 The OWNER/CONSULTANT will reject a bid for award if it determines that the bidder recommended for award has engaged in fraudulent practices in competing for the Contract in question.
24.3 Bidder is required to furnish the complete and correct information/ documents required for evaluation of their bids, if the information/ documents forming basis of evaluation is found to be false/ forged, the same shall be considered adequate ground for rejection of bids.
24.4 In case, the information/ document furnished by the Bidder/vendor/Contractor forming basis of evaluation of his bid is found to be false/ forged after the award of the contract, OWNER shall have full right to terminate the contract and get the remaining job executed at the risk & cost of such Bidder/Vendor/ Contractor without any prejudice to other rights available to OWNER under the contract such as forfeiture of CPBG/Security Deposit, withholding of payment etc.
24.5 In case, this issue of submission of false document comes to the notice after execution of work, OWNER shall have full right to forfeit any amount due to the Bidder/Vendor/Contractor along with forfeiture of CPBG/Security Deposit furnished by the Bidder/Vendor/Contractor.
Further, such Bidder/Vendor/ Contractor shall be put on Blacklist /Holiday/ Negative List of OWNER debarring them from future business with OWNER and WORLEYPARSONS for a time period, as per the prevailing policy of OWNER and WORLEYPARSONS.
25.0 REVERSE AUCTION
25.1 Please note that HPCL reserves the right to carry out “ONLINE REVERSE AUCTION”, for determining the lowest bidder, for the requirements mentioned in this Tender Enquiry.
25.2 Bidders are requested to submit their “Un-Priced” & “Priced” bids online as per the “Instructions to Bidders” and other documents attached with the tender. The Un- Priced Bids of the participating bidders will be opened as per the date & time mentioned in the tender calendar. After Techno-Commercial evaluation, in case it is decided to finalize the tender through Online Reverse Auction process, the qualified bidders would be advised regarding the modalities for participating in the Reverse Auction. In the event of the tender being finalized through Reverse Auction process, the online “Priced” bids submitted by the bidders will not be opened.
25.3 Bidders are requested to confirm their willingness to participate in “Online Reverse Auction”, in the “Agreed Terms & Conditions”, where provision for the same has been provided. Please note that non-acceptance to participate in the Reverse Auction process may lead to rejection of your offer.
25.4 Bidders are requested to note that the decision to conduct Reverse Auction or not is entirely at the discretion of HPCL, and in case it is decided not to conduct the Reverse Auction, then the online “Priced Bids” submitted by the vendors shall be opened and lowest bidder shall be determined on the basis of these bids. Bidders are requested to take specific note of this provision and submit their online “Priced” bids accordingly. The terms & conditions of reverse auction is attached in bidding document.
26.0 QUOTED PRICES - PRICE SHALL BE QUOTED CONSIDERING THE FOLLOWING:
The bidder shall quote the prices for items in the Schedule of Rates after careful analysis of cost involved for the performance of complete work considering all parts of the bidding documents. In case, any activity though specifically not covered but is required to complete the work as per scope of work, scope of supply, specifications, standards, drawings, GTC, SCP or any other part of bidding document, the prices quoted shall deemed to be inclusive of cost incurred for such activity.
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E-TENDER INSTRUCTIONS
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1.0 This is only an e-Tender Enquiry and not an order. HPCL reserves the right to cancel it at any
stage without assigning a reason.
2.0 Void
3.0 The tender should be submitted online at website https://etender.hpcl.co.in only, by the due date and time, as specified in the tender. Late / delayed tenders submitted on line after the due date and time, for whatsoever reasons will not be considered. The Server Date & Time as appearing on the HPCL website (https://etender.hpcl.co.in) shall only be considered for the cut-off date and time for receipt of tenders. Offers sent through post, telegram, fax, telex, e-mail, courier will not be considered.
4.0 All communication regarding the tender including queries, if any, and submission of offers shall be done online within the e-Procurement system at website https://etender.hpcl.co.in
5.0 Two Bid System Bidders are required to submit offer in Two parts, namely “Unpriced (Technical Bid)” & “Priced (Priced Bid)”. The Bidder may modify or withdraw his online bid after the bid’s submission on line but prior to the bid due date & time.
6.0 Void
7.0 Bidders shall be required to arrange all resources, including Digital Certificate and Internet Connections at their own cost, for participating in online tenders at HPCL e Procurement site https://etender.hpcl.co.in. For submitting on line response Digital Certificate / Signatures (Class II/ Class III) shall be mandatory. In case, you are logging in for the first time please ensure to upload your Digital certificate. The process for same is listed in the Help link after logging in.
8.0 PLEASE LOGIN WITH YOUR EIGHT DIGIT JDE (HPCL) VENDOR CODE AND CORRESPONDING BILL TRACKING SYSTEM (BTS) PASSWORD TO BID FOR THE TENDER (in case, you do not have EIGHT DIGIT JDE (HPCL) VENDOR CODE , Please contact E proc helpdesk at:022-42100111 on any day between 10.00 AM to 6.00 PM except on Sundays/Public holidays). Alternatively for public tenders vendor can create temporary login on his own. In case vendor login is not enabled with above help, vendor may contact at 011-22408444/405. In case of any difficulty in logging or in case you do not have the BTS password, please contact (E proc helpdesk at: 022-42100111 on any day between 10.00AM to 6.00PM except on Sundays /Public holidays.) Please refer to help link after logging in, in case you are new to e-Tender.
9.0 HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as submitting offers, including connectivity issues. HPCL shall not be responsible for any postal or other delays in submitting EMD / tender cost wherever applicable.
10.0 HPCL will not be responsible for the cost incurred in preparation and submission of bids including the cost of digital certificate, regardless of the conduct of outcome of the biding process.
11.0 Void
12.0 Bidders are requested to quote unit rates (per unit quantity) in the on-line price bid only.
13.0 Please do not quote / mention rates anywhere else in the tender other than online price bid. In case bidders quote rates at any other place (other than online price bid), THE OFFER OF PARTY SHALL BE REJECTED.
14.0 Bidders should only quote unit basic rate in the online priced bid format. However, all taxes and duties as applicable for the tender shall be quoted in the tax section online by the bidders. In case bidders do not quote any tax component/charges or mention the same as “0”, in online Tax sheet/section, it will be considered that all the taxes/charges are included in rates quoted by the bidder and the same shall be binding to the bidder.
15.0 Request for extension of tender submission due date, if any, shall be considered at the sole
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discretion of HPCL however, request for extension received within two (2) days for limited tenders / three (3) days for public tender of tender submission due date /time shall not be considered.
16.0 The HPCL may, at its discretion, on giving reasonable notice online to extend the bid due date, in which case all rights and obligations of the HPCL and the Bidders, previously subject to the bid due date, shall thereafter be subject to the new bid due date as extended.
17.0 Please note that queries related to scope of job, tender specifications, terms & conditions etc. should be submitted on–line only (by logging in at https://etender.hpcl.co.in) by the query end date / time specified in the online tender . The reply of queries sent by bidders/ messages issued by HPCL pertaining to tender shall be available on tender message board. HPCL, at its sole discretion, may not entertain the queries sent by post / fax/ e-mail or through any other mode of communication.
18.0 BID CLARIFICATIONS/AMENDMENTS BY HPCL: HPCL may issue clarifications / amendments in the form of online addendum / corrigendum and on Message Board at https://etender.hpcl.co.in during the bidding period and may also issue amendments subsequent to receiving the bids. Bidders shall consider the addendum/corrigendum/Messages on Message Board while quoting for the tender. Bidders shall examine the Bidding Document thoroughly and submit to HPCL / HPCL any apparent conflict, discrepancy or error. HPCL / HPCL shall issue appropriate clarifications or amendments, if required. Any failure by Bidder to comply with the aforesaid shall not excuse the Bidder from performing the Services in accordance with the contract if subsequently awarded.
19.0 Void
20.0 Void
21.0 In case any deviation sought by bidder is accepted by HPCL, HPCL reserves the right to suitably load the bidder for evaluation purpose only.
22.0 DEVIATIONS TO TENDER TERMS:
1.0 Bidders are requested to accept tender terms/conditions in totality and should avoid deviations. 2.0 In case deviations to tender terms/conditions are unavoidable, the same should be mentioned in
ONLINE DEVIATION SHEET. Deviations mentioned elsewhere shall not be considered by HPCL.
3.0 In case, bidder is evaluated L1 bidder and has mentioned deviation to tender terms not in online deviation sheet , but elsewhere and is not withdrawing those deviations, HPCL may forfeit the EMD (IF APPLICABLE) of the bidder in such cases.
4.0 No new deviation will be received/ accepted from bidder after bid due date. Incase bidder submits new deviation, his bid will be rejected. At the sole discretion of the HPCL bidder may be given opportunity to withdraw the deviation and in case the same is not withdrawn by the bidder, the offer of the bidder shall be rejected & EMD/ bid security (if applicable) submitted by the bidder shall be forfeited.
23.0 Void 24.0 Bidder submission file size limit is 40 MB. However, bidders must attempt to
submit bids only in non-peak hours as there could be chances of packet droppings in peak hour. Further, bidders must be educated on efficient scanning techniques at lower dpi so that more no of pages can be scanned by them within lesser file size limits. Lower file size would also mean, easier submission of bid documents by the vendor.
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Chapter 3 SPECIAL CONDITIONS OF PURCHASE
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SPECIAL CONDITIONS OF PURCHASE (SCP)
INDEX
SR. NO. DESCRIPTION
1. GENERAL 2. DEFINITIONS / NOTES 3. SCOPE OF WORK 4. BID PRICES 5. TAXES, DUTIES AND LEVIES ON MATERIALS /SERVICES AND FOREIGN EXCHANGE
VARIATION BID SECURITY 6. TRAINING 7. ANNUAL MAINTENANCE CHARGES 8. BID SECURITY 9. CONTRACT PERFORMANCE BANK 10. PRICE REDUCTION FOR DELAY IN DELIVERY 11. INSURANCE 12. PAYMENT TERMS 13. TERMS & CONDITIONS FOR INSTALLATION, ERECTION TESTING & COMMISSIOING 14. LIMITATION OF LIABILITIES 15. LIABILITY CLAUSE 16. DEFECTS AFTER TAKING OVER OR TERMINATION OF WORK CONTRACT BY OWNER 17. TERMINATION OF CONTRACT 18. ARBITRATION
23. INTEGRITY PACT 24. UNLOADING 25. MAKE OF MATERIAL 26. ANNEXURE -1: LIST OF OUR APPROVED MAKES / SUB-VENDORS
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1.0 GENERAL
1.1 Special Conditions of Purchase (SCP) shall be read in conjunction with the General Terms & Conditions for Supply (also referred as General Terms & Conditions hereinafter) , Schedule of Rates, specifications of work, drawings and any other document forming part of this Contract wherever the context so requires.
1.2 Notwithstanding the sub-division of the document into these separate Chapter and volumes, every part of each shall be deemed to be supplementary of every other part and shall be read with and into the Contract so far as it may be practicable to do so.
1.3 Where any portion of the General Terms & Conditions for is repugnant to or at variance with any provisions of the Special Purchase Conditions, then unless a different intention appears, the provision(s) of the Special Purchase Conditions shall be deemed to override the provision(s) of General Terms & Conditions for Supply/ General Terms & Conditions of Work Contract only to the extent that such repugnancies or variations in the Special Purchase Conditions are not possible of being reconciled with the provisions of General Terms & Conditions for Supply/ General Terms & Conditions of Work Contract.
1.4 Wherever it is stated in this Bidding Document that such and such a supply is to be affected or such and such a work is to be carried out, it shall be understood that the same shall be affected and/or carried out by the CONTRACTOR at his own cost, unless a different intention is specifically and expressly stated herein or otherwise explicit from the context. Contract Price shall be deemed to have included such cost.
1.5 The materials, design & workmanship shall satisfy the applicable relevant International / Indian Standards, the job specifications contained herein & codes referred to. Where the job specifications stipulate requirements in addition to those contained in the standard codes and specifications, these additional requirements shall also be satisfied. In the absence of any Standard / Specifications / Codes of practice for detailed specifications covering any part of the work covered in this bidding document, the instructions / directions of HPCL /Consultant will be binding upon the CONTRACTOR.
1.6 In case of contradiction between relevant International / Indian standards, Ge n er a l Terms & Conditions for Supply, Special Purchase Conditions, Specifications, Drawings and Price Schedule / Schedule of Rates, the following shall prevail in order of precedence.
a. Detailed Order along with Statement of Agreed Variations, if any, and its
enclosures.
b. Letter of Award (LOA)
c. Price Schedule / Schedule of Rates with Quantities.
d. Scope of Work
e. Technical Specifications
f. Drawings
g. Special Purchase Conditions (SPC) / Agreed Terms and Conditions(A.T.C.)
h. Instructions to Bidders (ITB) / Invitation for Bids (IFB)
i. General Terms & Conditions for Supply.
j. Relevant Indian / International Standards/ Specifications.
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2.0 DEFINITIONS / NOTES
i. The terms ‘Bidder’, ‘Contractor’, `Seller’, `Supplier’ or ‘Vendor’ stated anywhere in the Bid Document carry the same meaning.
ii. The terms `Client’, ‘Owner’, ‘Purchaser’ stated anywhere in the Bid Document refer to
Hindustan Petroleum Corporation Limited (HPCL).
iii. The term `Consultant’ shall mean WorleyParsons India Pvt. Limited.
iv. The term ‘Contract’, ‘Order’ or ‘Purchase Order’ stated anywhere in the Bid Document carry the same meaning.
v. The term ‘MR means ‘Material Requisition’ containing technical requirements and scope of
work (technical), ‘GPC means General Purchase Conditions’ containing commercial terms & conditions, ‘PR means Purchase Requisition’ issued after award of contract incorporating agreed deviations in MR,’ Instructions to Bidders (ITB)’, ‘ATC means Agreed Terms & Conditions’ , ‘IFB means Invitation For Bids / e-tender’.
vi. In the event of any contradictions between these Instructions to Bidders/Special Conditions
of Purchase and other Chapters of Bid Document, the terms specified under this Chapter shall prevail.
vii. Deleted.
viii. Any reference to the Govt. Acts / Regulations etc. in the Bid Document is only indicative,
and it is entirely for the Bidder to ascertain the applicable Acts/Regulations.
ix. Deleted.
3.0 SCOPE OF WORK / SUPPLY
The scope of work covered in this Contract will be as described in Particular job specifications, Technical specifications, Standard Specifications, Schedule of Rates etc. The scope of supply covered in this Contract will be as described in Particular Job Specifications, Technical Specifications, Standard Specifications, Schedule of Rates etc. It is however, explicitly understood that scope described is not limiting, in so far as the responsibilities of the contractor are concerned and shall include, inter alia, carrying out any and all works and providing any and all facilities as are required to complete the works in all respect.
4.0 BID PRICES
4.1 Price must be furnished in the Price Schedule format available online in e-tender portal of HPCL. Quoted prices must be net of discount, if any. Conditional discounts, if offered by a bidder, shall not be considered for evaluation.
4.2 Quoted prices shall be inclusive of all testing and inspection requirements (including stage wise
and final inspection by Owner/ Owner’s Consultant for which no extra charges shall be paid) as specified in the bid document. However, Personal and incidental expenses of Owner’s / Owner’s Consultant’s inspectors and Third Party Inspection Agency (TPIA) is not in Bidder’s scope. TPIA Charges for final inspection will be borne by Consultant. However, In case the material is later not acceptable/ rejected due to various reasons attributable to Bidder, then in such event, TPIA Charges are deemed to be inclusive in quoted rates by bidder.
4.3 Bidder’s quoted prices shall be deemed to include entire scope of work and all obligations and
responsibilities to be carried out/ executed by the Bidder as per terms of bid document. The
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quoted base price shall be inclusive of Mandatory Spares, Pre-Commissioning & Commissioning Spares, Special Tools & Tackles for Complete package as per MR.
4.4 It shall be the responsibility of the Bidder to duly enquire of their own and comply with all
applicable laws, rules, regulations, orders and formalities applicable to GST, Customs Duty, Countervailing Duty etc. on the manufacture, sale and/or supply of any material / services to Owner / Consultant. The Bidder shall keep the Owner / Consultant indemnified from and against any and all claims, demands, prosecutions, penalties, damages, demurrages and/or other levies whatsoever made or levied by any Court, Tribunal or the Customs or other Authorities with respect to any alleged breach, evasion or infraction of such duties, taxes, charges or levies or any breach or infraction of such laws, rules, regulations, orders or formalities concerning the same and from the consequence thereof.
4.5 Price quoted by the bidder, shall remain Firm & Fixed until complete execution of the Purchase Order and shall not be subject to any variation, except statutory variation in taxes, duties & levies pursuant to relevant provisions in Special Purchase Conditions. The Bidder’s quoted price shall also remain Firm and Fixed on account of Foreign Exchange (FE) Variation, unless otherwise any specific provision is indicated in IFB document.
4.6 The bidder shall quote the prices after careful analysis of cost involved for the performance of complete work considering all parts of the IFB documents. In case, any activity though specifically not covered but is required to complete the work as per scope of work, scope of supply, specifications, standards, drawings, GPC, SPC or any other part of IFB Document, the prices quoted shall deemed to be inclusive of cost incurred for such activity(ies).
4.7 Deleted. If bidder has considered Customs Duty for import contents other than the Merit Rate of Customs Duty in their offer, then statutory variation on the Customs Duty will be payable extra on the Merit Rate of Custom Duty or the rate of Custom Duty considered by the bidder, whichever is lower.
4.8 Bidder to note and consider the following for Road Permit/Way Bill Clause :-
a) Suppliers/Contractors shall arrange Road Permits/Waybills by themselves and comply with the statutory laws of the concerned state.
b) In case as per state laws the issuance of Road Permit/Waybill is to be arranged by the buyer, HPCL will arrange to issue Road Permit/Waybill. In case of imposition of any Tax the same shall be discharged by the buyer and the same will be adjusted against the payments due to vendors against their bills.
4.9 Bidders shall quote their prices in Indian Rupees only indicate the following in their offer:
4.9.1 FOT dispatch point price of item including packing & forwarding, (such price to include
fabrication /manufacturing of item, all costs as well as duties and taxes paid or payable on components and raw materials incorporated or to be incorporated in the goods, inspection, testing etc.) but excluding applicable taxes and duties on finished goods.
4.9.2 Prevailing GST which will be applicable on the finished goods.
4.9.3 Tansportation Charges (as per Price Schedule) upto respective project site inclusive of GST.
Transit Insurance and Road Permit to be arranged by Owner. In case, bidder does not quote for transportation charges, the bidder shall be required to absorb the same in their quoted price. Non- compliance shall result in rejection of the bid.
4.9.4 Site work Prices, if applicable as per MR for the scope of work mentioned in MR / IFB documents, shall be exclusive of Prevailing GST. All necessary taxes & duties and registration, if required, for carrying out the site activities shall be done by the bidder and cost towards the same shall be included in quoted site work prices.
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4.9.5 Lumpsum Installation charges are as per SOQ/MR, shall be exclusive of GST. In case a bidder does not quote for Installation & Commissioning charges, the bidder shall be required to absorb the same in their quoted price. Non-compliance shall result in rejection of the bid.
4.9.6 Deleted
4.9.7 Deleted 4.9.8 GST, payable extra on Services i.e. Installation/ Site Work, as applicable.
4.9.9 Deleted
4.10 Deleted
5.0 TAXES, DUTIES AND LEVIES ON MATERIALS /SERVICES AND FOREIGN EXCHANGE VARIATION :
5.1 Bidder’s quoted prices shall be inclusive of all taxes, duties, cess, levies etc; Paid or payable on the raw material/components incorporated or to be incorporated in the offered finished goods, packing and forwarding charges, but excluding applicable taxes and duties on finished goods.
5.2 Bidder shall furnish the present rate(s) of GST and payable on quoted finished goods. Owner may decide to place order without concessional form based on the availability of such Form.
5.3 The statutory variation in GST and introduction of new tax on finished goods, from bid due date till the contractual completion period shall be to Purchaser’s account against submission of the documentary evidence. However, any increase in the rate of these taxes and duties beyond the contractual delivery period shall be to Seller’s account. Any decrease in the rate of these taxes and duties shall be passed on to the Purchaser even after contractual delivery period.
5.4 It is for the Bidder to assess and ascertain the rate of applicable GST on quoted items. It is clearly understood that Owner will not have any additional liability towards payment of GST which is based on Bidder's wrong assessment / interpretation of applicability of such GST.
5.5 Deleted. 5.6 Deleted. 5.7 Income Tax / Corporate Tax:
5.7.1 Income Tax deductions shall be made from all payments made to the Contractor as per the rules
and regulations in force in accordance with the Income Tax Act prevailing from time to time. 5.7.2 Corporate Tax Liability if any shall be to Contractor's account.
5.7.3 As regards Income Tax, Surcharge on Income Tax or any other Corporate Tax payable by the
Bidder for reason of the contract awarded, and / or on their expatriate personal, the Owner shall not bear any Tax liability whatsoever, irrespective of the mode of construction of contract / order. The Bidder shall be liable and responsible for payment of such tax, if attracted under the provision of Indian Income Tax Act.
5.7.4 Bidder may note that if any tax is deductible at source as per Indian Income Tax Law, the same will be so deducted before releasing any payment to the Bidder and a TDS (Tax deducted at source) certificate will be furnished to the Bidder. Accordingly, Bidder shall have the responsibility to check and include such provision of taxes in the prices.
5.7.5 In case of delay in delivery due to reasons attributable to Bidder, any new or additional taxes or duties levied by Statutory authorities during this period shall be borne by the Bidder.
5.7.6 The contractor shall provide accurate particulars of PAN number as required, under Section 206AA of Income Tax Act 1961. In case of non-residents not having Permanent Account Number (PAN) the provisions of section 206AA shall not apply if the non-resident furnishes the following information/ documents:
a. Name, e-mail id, contact number; b. Address in the country of which the deductee is a resident
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c. Tax Residency Certificate (TRC) from the Government of that country d. Tax identification number / unique number of the deductee in the country of his residence.
5.7.7 The contractors having their ‘tax residency status’ outside India shall provide Tax Residency Certificate (TRC), issued by Government of the Country or the specified territory where the Contractor is a Resident. Rule 21AB of the Income Tax Rules, 1962 has prescribed the contents of a TRC. This would enable the Owner to deduct tax at source by duly considering the ‘treaty relief’, if any, under Double Taxation Avoidance Agreement (DTAA) entered into between GOI and the respective country/specified.
5.8 In addition to the terms specified in Clause no. 23 of GTC :- 5.8.1 GST as applicable shall be reimbursed for the materials consigned to Corporation as per limits
indicated in the offer against documentary evidence to be furnished by the Supplier. Corporation shall pay only those taxes, duties and levies as indicated by Supplier at the time of bid submission/as agreed subsequently (prior to opening of priced bids). The tender shall be evaluated as per the taxes & duties quoted by the bidder, however payment shall be made as per the taxes & duties quoted by the bidder or payable as per statutes, whichever is less. Taxes / Duties and/or Levies not indicated by supplier in Bid, but payable, shall be to Supplier’s account. Owner shall make from Contractor's bills such tax deductions as are required as per rules and regulations in force from time to time.
5.8.2 DELETED 5.9 Statutory Variations in taxes, duties & levies 5.9.1 In the event of any Change in Tax Law (as defined below), which results in increased cost of
supply and services under the Contract through increased liability of Taxes, the seller shall be covered for any such increased cost by the Owner subject to the production of documentary proof to the satisfaction of the Owner to the extent which is attributable to such change or amendment as mentioned above within the Contractual Delivery Date. However, in case of delay in delivery beyond the contractual delivery date, for reasons attributable to seller, any increase in taxes shall be borne by seller. Any decrease in Taxes shall be passed on to the Owner.
5.9.2 Further variation in taxes and duties (both nature and quantum) shall be applicable only on the taxes and duties indicated in the Price Bid. The statutory increase in taxes (in case where quoted taxes are less than the taxes/ duties payable as per the statute) shall be payable only to the extent of taxes quoted by the vendor plus statutory increase in the taxes.
5.9.3 Any decrease in the rate of Customs duty shall be passed on to the Owner. 5.9.4 Since Goods and Services Tax (“GST”) is implemented, Bidders to provide GSTIN number,
HSN/SAC Code of the Material/Services being supplied and the applicable GST rates. 5.9.5 The Bidder accepts full and exclusive liability for the payment of any and all applicable taxes
(CGST, SGST, IGST, UTGST), levies and statutory payments payable under all or any of the prevailing Central/State statues.
5.9.6 The Bidder shall comply with all the provisions of the GST Act / Rules / requirements like providing of tax invoices, payment of taxes to the authorities within the due dates, filing of returns within the due dates etc. to enable HPCL to take Input Tax Credit. In case of imports, vendor shall provide import documents and invoice fulfilling the requirement of Customs Act and Rules. Vendor will be fully responsible for complying with the Customs provisions to enable HPCL to take Input Tax Credit. In case, HPCL is not able to take Input Tax Credit due to any noncompliance/default/negligence of the seller of goods / service provider, the same shall be recovered from the pending bills/dues (including security deposit, BG etc.) of Bidder. Bidder shall be responsible to indemnify the Corporation for any loss, direct or implied, accrued to the Corporation on account of supplier/service provider failure to discharge his statutory liabilities like paying taxes on time, filing appropriate returns within the prescribed time etc.
5.9.7 Every invoice of the vendor shall contain invoice number, date, GSTIN number and HSN/SAC code (Harmonized system of Nomenclature/service accounting code) for the items being supplied or services being provided along with tax rate.
5.9.8 The Vendor shall mention their registration status (Registered / Composition / Unregistered) on the bill/invoice. In case there is change in the Registration status of the vendor during the
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execution of the contract the same should be advised immediately. Due to change in the Registration status from Composition to Registered vendor etc. Corporation will not be liable for any additional tax payments.
5.9.9 Corporation will be liable to pay only those taxes and levies as indicated by Bidder at the time of Price Bid submission/as agreed subsequently (prior to opening of priced bids).
5.9.10 Any tax, levies or any other form of statutory levies or cost as on closing date of the tender will be treated as included in Priced bid. Taxes, Duties, and Levies not indicated by Bidder in the unpriced Bid, but payable, shall be to Bidder’s account.
5.9.11 New taxes / change in tax rates / levies imposed by the Indian/State Governments through Gazette notification after the date of submission of last Price Bid but prior to Contractual Delivery Date, the Corporation shall reimburse/ adjust the increase/ decrease in taxes on satisfactory supporting documents being provided by the Bidder.
5.9.12 In case goods are not supplied/services not provided within the scheduled delivery period, then the increase in the statutory levies, if any, shall be on vendor’s account.
5.9.13 GST Act. anti-profiteering provisions mandates that any reduction in tax rates or benefits of input tax credits be passed on to the consumer by way of commensurate reduction in prices. Bidders to take note of the same and pass such benefits while quoting their price.
5.9.14 GSTIN Number States where the supplies/services are required are given in the price schedule. GSTIN details of HPCL for these states can be taken from our website www.hindustanpetroleum.com. Bidder is required to provide the GSTIN number of state from where supplies will be made to each of the HPCL delivery locations. In case any changes are warranted during the execution of the contract with regard to change in state where delivery is required or change in the supply location of Bidder, the same will be made with mutual consent.
5.9.15 Income tax will be deducted at source as per rules at prevailing rates, unless certificate, if any, for deduction at lesser rate or nil deduction is submitted by the Contractor from appropriate authority.
5.9.16 The Supplier shall provide accurate particulars of PAN number as required, to enable issuance of TDS (Tax Deduction at Source) certificate.
6.0 TRAINING:
Bidder shall arrange for training of M/s HPCL's engineers at site. The training shall cover the design, operation and maintenance of supplied Telecommunication System as per MR Bidder shall quote training fees in the Training price head in online price bid and this shall form
part of commercial evaluation
7.0 ANNUAL MAINTENANCE CHARGES (AMC):
7.1 Bidder shall quote for annual maintenance charges in online e-portal of HPCL, on Lumpsum basis per year for three consecutive years starting just after expiry of warranty for each item as specified in the Material Requisition and this shall form part of commercial evaluation, excluding the supply of spares and consumable and services required for total operation and maintenance of the system. The replacement/maintenance aspects of the total system shall be attended on call basis as per HPCL Instructions. Personal deployed shall be competent & must have experience on maintenance of similar systems. The spares, tools, tackles instruments required shall be arranged by Bidder. The Bidder shall ensure that all possible spares which may be required by the system will be available during the entire period of AMC i.e. 4 years. A list of recommended spares shall be submitted along with the unpriced Bid offer. Initially Bidder shall submit Bank Guarantee equivalent to the cost of maintenance contract to cover 4 Years AMC Period. However, HPCL may accept reducing BG value pertaining to consecutive years for AMC on completion of each year AMC. The travel, boarding & lodging of service engineer/technician
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shall be borne by the bidder.
7.1 The order for AMC shall be placed separately by HPCL (may be after defect liability Period) and may not form part of the current order for Telecommunication & CCTV System.
7.2 Deleted
7.3 Terms and conditions for Annual Maintenance Charges are details in Chapter — 5 of this bid document.
The service under post warranty maintenance shall include:
part/components and detailed reporting. Repairing & maintenance activity should be completed at the earliest.
7.3.4 Emergency maintenance in the event of any malfunction of the system, experienced service engineer shall be made available at site with-in one week on the receipt of such information from the owner & the system must be brought to the Normal within 24 hrs after reporting at site.
8.0 BID SECURITY
8.1 The Bidder shall furnish, as part of his bid, a bid security in original for the amount specified in the Invitation for bid (IFB).
8.2 The bid security is required to protect the Owner against the risk of Bidder’s conduct, which would warrant the security’s forfeiture.
8.3 Bid Security shall be in the form of an irrevocable Bank Guarantee (in the format provided by Owner) issued by any Indian Scheduled Bank (other than Co-operative Bank). Bid Security shall be issued in favour of “M/s Hindustan Petroleum Corporation Limited”, Bangalore.
8.4 Unsuccessful Bidder’s bid security will be discharged/returned as promptly as possible, immediately after price bid opening through cheque or e-payment.
8.5 The successful Bidder’s bid security will be discharged upon the Bidder’s accepting the Contract/ Purchase Order, and furnishing the Contract-cum-equipment performance bank guarantee.
8.6 The bid security may be forfeited:
a) If a Bidder withdraws his bid during the period of bid validity or
b) In the case of a successful Bidder, if the Bidder fails or refuses to: (vii) Accept the Purchase Order in accordance with agreed terms and conditions. ii) Furnish Contract performance bank guarantee as per bid document/ Purchase Order.
8.7 Bid Security should be in favour of Hindustan Petroleum Corporation Limited (HPCL) and addressed to HPCL as per Cl. No. 4 of NIT. However, original Bid Security should be enclosed separately in a sealed cover and submitted along with the bid. Bid Security must indicate the Bid Document number and the item for which the Bidder is quoting. This is essential to have proper co-relation at a later date. The Bid Security shall be strictly in the form provided in the bid document For Bid Security/EMD, the details of beneficiary for issuance of bank guarantees are given below:- Beneficiary : Hindustan Petroleum Corporation Ltd. Account No. : 11083987009.
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Bank Name : State Bank of India. Address : CAG branch, Ballard Estate, Mumbai 400001. Bank IFS Code : SBIN0009995 Swift Code : SBININBB162
8.8 Central Public Sector Undertaking of Govt. Of India are exempted from furnishing the bid security. Firms registered with NSIC are also exempted from furnishing bid security, provided they are registered for the tendered items and up to the monetary limit they intend to quote. Provided further that they submit a copy of the current and valid registration certificate for the quoted item and monetary value along with their bid(s). Owner reserves right to verify the registration certificate provided, with relevant authorities.
8.9 Bid security shall be Valid for Six (6) months from the Bid Due Date/ Extended Bid Due Date
9.0 CONTRACT PERFORMANCE BANK GUARANTEE [CPBG]
9.1 In partial modifications of the terms specified in Clause no. 31 of GTC , as a Performance security, the successful Bidder, to whom the work is awarded, shall be required to furnish within 15 days of notification of Letter of award (LOA) a Performance Bank Guarantee as per proforma attached herewith in tender in favour of the Owner.
9.2 The Bank Guarantee amount shall be equal to TEN PERCENT (10%) of the Total Order Value and it shall guarantee the faithful performance of the Order in accordance with the Terms and conditions specified in the documents and specifications.
9.3 CPBG shall be in the form of an irrevocable Bank Guarantee (in the format provided by Owner) issued by any Indian Scheduled Bank (other than Co-operative Bank). Bank Guarantee shall be issued in favour of “M/s Hindustan Petroleum Corporation Limited”.
9.4 The supplies made against this order shall be fully guaranteed against any manufacturing defects/poor workmanship/inferior quality etc. for a period of 12 months from the date of commissioning or 18 months from the date of supply whichever is earlier. During this period, you will arrange to repair/replace any defective parts free of cost or replace complete set if required. Guarantee Certificate should be submitted along with dispatch documents.
9.5 The Composite Bank Guarantee shall be valid upto a period of 3 months beyond the expiry of defect Liability period. The guarantee amount shall be payable without demur and demand to the Owner in the currency of the Contract.
9.6 Deleted.
9.7 The Total Order Value for this purpose shall be as under :
FOT dispatch value including Loading on to Trailers/ Trucks but excluding GST, transportation charges etc.,
9.8 In case, the Contract Performance Bank Guarantee stated above gets reduced/ deducted for reasons of non-fulfillment of any Contractual obligations up to the completion of guarantee period, the Bidder shall immediately take action to increase the value of Bank Guarantee to TEN PERCENT (10%) of the Contract price, to cover his guarantee/ warranty obligations.
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9.9 The Performance Guarantee will be returned to the Bidder without any interest at the end of the warranty / guarantee period subject to fulfillment of all contractual obligations by the Bidder.
10.0 PRICE REDUCTION FOR DELAY IN DELIVERY: 10.1 In partial modifications of the terms specified in the Clause No.18 of GTC Supply, In case of delay
in execution of the order beyond the date of delivery as stipulated in the order or any extension sanctioned, the Owner may at his option accept delayed delivery at prices reduced by a sum equivalent to ONE HALF OF ONE percent (½%) of the value of any goods not delivered for every week of delay or part thereof, limited to a maximum of 5% OF TOTAL ORDER VALUE.
Further, in case, of delay in delivery, the bidder shall calculate the applicable price reduction for delayed delivery and raise their invoices net of the same.
10.2 The Total Order Value for this purpose shall be as under:
FOT dispatch value including Loading on to Trailers/ Trucks but excluding GST, transportation charges etc.
10.3 Vendor has to respond within 15 days of notice given by owner for Installation / erection and commissioning and within 30 days for, failing which, LD shall be applicable on FOT value including Installation / Pre-commissioning / commissioning charges.
10.4 Deleted.
10.5 Contractor/Bidder should suggest HPCL for Recommended spares.
11.0 INSURANCE 11.1 HPCL will arrange Transit insurance till material reaches site.
12.0 PAYMENT TERMS
12.1 SUPPLY , INSTALLATION & COMMISSIONING:
12.1.1 60 % of invoice/bill value with applicable taxes shall be released within 15 days after completion of Supply part & from the date of receipt of certified bills at HPCL along with relevant documents against receipt of materials at site.
12.1.2 30% of total basic invoice value with applicable taxes will be released after completion of installation & commissioning of Car Parking Sheds at site.
12.1.3 Balance 10% of total basic value with applicable taxes will be released against submission of complete final documentation.
12.2 Deleted
12.2.1 Deleted.
12.2.2 All payments shall be released within 15 days of receipt of duly certified bill complete in all respects (as per tender by) HPCL except final bill (on case of partial delivery or running bills) which shall be paid within 30 days of receipt of certified at HPCL, complete in all respects as per tender.
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12.3 100% payment against claimed and certified bills shall be paid on submission of PBG as per Clause 9.0 of SCP.
12.4 Payment against invoice shall be made on receipt of equipment / materials at site against
submission of following documents along with your Bill / Invoice: i) Delivery Challan / Lorry Receipt ii) Manufacturer's Test Certificate if applicable iii) Third Party inspection / Clearance report if applicable iv) Manufacture's Guarantee Certificate, if applicable v) Performance Bank Guarantee for 10% Basic Order Value, if applicable vi) Any other document specified in the Purchase Order.
12.5 Payment shall be made in accordance with the following provisions:
The time for payment of invoices shall run only from the date of approval specified in the order or from the date of receipt of Vendor's correct invoices, whichever is later.
Wherever possible, payment shall be tendered to the contractor in electronic mode (e-payment) through any of the designated banks. The contractor will comply by furnishing full particulars of Bank account (mandate) to which the payments will be routed. Owner reserves the right to make payment in any alternate mode also.
Original + 2 copies to Manager (Finance), Hindustan Petroleum Corporation Limited Ltd, at the above address.
The bills will be reduced by the amount recoverable, if applicable, towards Price Reduction for delay in delivery.
13.0 TERMS & CONDITIONS FOR INSTALLATION/ERECTION TESTING & COMMISSIONING
Terms & conditions for Installation/erection testing & commissioning will be governed by the terms enclosed under Chapter– 5.
14.0 LIMITATION OF LIABILITIES: 14.1 The final payment by the Owner in pursuance of the contract terms shall not mean release of the
Contractor from all his liabilities under the contract. The Contractor will be liable and committed under this contract to fulfill all his liabilities and responsibilities, till such time the Owner releases Contract Performance Guarantee.
14.2 Notwithstanding anything contrary contained herein, the aggregate total liability of Seller, excluding his liability towards infringement of patent, trade mark or industrial design rights, breach of Confidentiality, Anti-Bribery, Corruption and Conflicts of Interest, under the contract or otherwise shall be limited to 100% of value of Purchase order. However, neither party shall be liable to the other party for any indirect and consequential damages, loss of profits or loss of production.
15.0 LIABILITY CLAUSE
It is expressly understood and agreed by and between Bidder and M/s Hindustan Petroleum Corporation Limited, (Indian Public Sector Undertaking) that M/s Hindustan Petroleum Corporation Limited is entering into this agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood and agreed that the
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Government of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that M/s Hindustan Petroleum Corporation Limited is an independent legal entity with power and authority to enter into contracts solely on its own behalf under the applicable Laws of India and general principles of Contract Law. The Bidder expressly agrees, acknowledges and understands that M/s Hindustan Petroleum Corporation Limited. is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the contract. Accordingly Bidder hereby expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of India arising out of this contract and covenants not to sue to Government of India as to any manner, claim, cause of action or thing whatsoever arising of or under this agreement.
16.0 DEFECTS AFTER TAKING OVER OR TERMINATION OF WORK CONTRACT BY OWNER :-
The Contractor shall remain responsible and liable to make good all losses or damages that may
occur/appear to the work carried out under this Contract within a period of 12 months from date of issue of the Completion Certificate and/or the date of Owner taking over the work, whichever is earlier. The Contractor shall issue a Composite Performance Bank Guarantee to the Owner in the sum of 10% of the work entrusted in the Contract, from any Scheduled bank (other than Co-operative Bank) acceptable to the Owner and if however, the Contractor fails to furnish such a Bank Guarantee the Owner shall have right to retain the Security Deposit and Retention Money to cover the 10% of the Guarantee amount under this clause and to return/refund the same after the expiry of the period of 12 months without any interest thereon.
17.0 TERMINATION OF CONTRACT:- 17.1 The owner may terminate the contract at any stage of the construction for reasons to be recorded
in the letter of termination. 17.2 The Owner inter alia may terminate the Contract for any or all of the following reasons that the
contractor
a. Has abandoned the work/Contract.
b. Has failed to commence the works, or has without any lawful excuse under these conditions suspended the work for 15 consecutive days.
c. Has failed to remove materials from the site or to pull down and replace the work within 15 days
after receiving from the Engineer written notice that the said materials or work were condemned and/or rejected by the Engineer under specified conditions.
d. Has neglected or failed to observe and perform all or any of the terms acts, matters or things
under this Contract to be observed and performed by the Contractor.
e. Has to the detriment of good workmanship or in defiance of the Engineer's instructions to the contrary sub-let any part of the Contract.
f. Has acted in any manner to the detrimental interest, reputation, dignity, name or prestige of the
Owner.
g. Has stopped attending to work without any prior notice and prior permission for a period of 15 days.
h. Has become untraceable.
i. Has without authority acted in violation of the terms and conditions of this contract and has
committed breach of terms of the contract in best judgement of the owner.
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j. Has been declared insolvent/bankrupt.
k. In the event of sudden death of the Contractor.
17.3 The owner on termination of such contract shall have the right to appropriate the Security Deposit,
Retention Money and invoke the Bank Guarantee furnished by the contractor and to appropriate the same towards the amounts due and payable by the contractor as per the conditions of Contract and return to the contractor excess money, if any, left over.
17.4 In case of Termination of the contract, Owner shall have the right to carry out the unexecuted portion of the work either by themselves or through any other contractor(s) at the risk and cost of the Contractor. In view of paucity of time, Owner shall have the right to place such unexecuted portion of the work on any nominated contractor(s). However, the overall liability of the Contractor shall be restricted to 100 % of the total contract value.
17.5 The contractor within or at the time fixed by the Owner shall depute his authorized representative for taking joint final measurements of the works executed thus far and submit the final bill for the work as per joint final measurement within 15 days of the date of joint final measurement. If the contractor fails to depute their representative for joint measurement, the owner shall take the measurement with their Engineer-in-Charge/Site-in-Charge or any other outside representatives. Such a measurement shall not be questioned by the Contractor and no dispute can be raised by the Contractor for purpose of Arbitration.
17.6 The Owner may enter upon and take possession of the works and all plant, tools, scaffoldings, sheds, machinery, power operated tools and steel, cement and other materials of the Contract at the site or around the site and use or employ the same for completion of the work or employ any other contractor or other person or persons to complete the works. The Contractor shall not in any way object or interrupt or do any act, matter or thing to prevent or hinder such actions, other Contractor or other persons employed for completing and finishing or using the materials and plant for the works. When the works shall be completed or as soon thereafter the Engineer shall give a notice in writing to the Contractor to remove surplus materials and plant, if any, and belonging to the Contractor except as provided elsewhere in the Contract and should the Contractor fail to do so within a period of 15 days after receipt thereof the Owner may sell the same by public auction and shall give credit to the contractor for the amount realised. The Owner shall thereafter ascertain and certify in writing under his hand what (if anything) shall be due or payable to or by the Owner for the value of the plant and materials so taken possession and the expense or loss which the Owner shall have been put to in procuring the works, to be so completed, and the amount if any, owing to the Contractor and the amount which shall be so certified shall thereupon be paid by the Owner to the Contractor or by the Contractor to the Owner, as the case may, and the Certificate of the Owner shall be final and conclusive between the parties.
17.7 When the contract is terminated by the Owner for all or any of the reasons mentioned above the Contractor shall not have any right to claim compensation on account of such termination.
18.0 ARBITRATION – Also Refer Annexure-Y of Chapter 9
18.1 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.
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18.2 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.
18.3 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.
18.4 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.
18.5 The Award of the Sole Arbitrator shall be final and binding on the parties to the Agreement.
18.6 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.
18.7 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.
18.8 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. 70,000/- per case for transportation contracts and Rs. 1,00,000/- 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
18.9 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.
18.10 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 say Mumbai and conducted in English language.
18.11 The Appointing Authority is the Functional Director of Hindustan Petroleum Corporation Limited.
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18.12 Public Sector v/s. Government Department or vice versa :
In case of contracts/agreement to be executed between Public Sector Enterprises / Government Departments, the following clause will be incorporated. "In the event of any dispute or difference between the parties hereto, such dispute or difference shall be resolved amicably by mutual consultation or through the good offices of empowered agencies of the Government. If such resolution is not possible, then, the unresolved dispute or difference shall be referred to arbitration of an arbitrator to be nominated by Secretary, Department of Legal Affairs ("Law Secretary"). The Arbitration & Conciliation Act, 1996) shall not be applicable to the Arbitration under this clause. The award of the arbitrator shall be binding upon the parties to the dispute, provided, however, that any party aggrieved by such award may appeal for setting aside or revision of the award to Law Secretary whose decision shall bind the parties finally and conclusively. The said appeal should be filed within the period specified in the award of the arbitrator." It is essential that, to avoid delay in nomination of arbitrator or initiation of arbitration proceeding, the Arbitration Clause or Agreement, as the case may be, is forwarded without fail at the time of making request for reference to the Law Secretary or Department of Legal Affairs.
18.13 Deleted 19.0 Deleted
20.0 GRIEVANCE REDRESSAL MECHANISM 20.1 There is a grievance redressal mechanism in HPCL for vendors participating in the tender, the
details of which are available on HPCL’s website www.hindustanpetroleum.com
21.0 SUB-CONTRACTING 21.1 Sub-contracting of any work is not permissible. If a contractor submits his bid, qualifies and does
not get the contract because of his being not the lowest, he will be prohibited from working as a subcontractor for the contractor who is executing the contract.
22.0 JURISDICTION 22.1 The courts at Mumbai (India) shall have exclusive jurisdiction over all Disputes arising under or in
connection with the CONTRACT.
23.0 INTEGRITY PACT 23.1 Integrity Pact: All tenders and contracts shall comply with the requirements of the Integrity Pact
(IP) if the value of such tenders or contracts exceed Rs.1 crore. Failure to sign the Integrity Pact shall lead to outright rejection of bid.
23.2 The successful tenderer shall execute Integrity Pact with Owner as per the enclosed Draft Integrity Pact Agreement. Hard copy of the same duly filled signed, stamped by authorized person and witnessed to be forwarded along with EMD in physical condition so as to be received at WORLEY PARSONS prior to bid due date and time.
24.0 UNLOADING i. Please note that unloading will be arranged by HPCL, unless specifically mentioned in
tender terms and conditions. ii. Bidders are requested to quote “0” in the field provided for unloading, unless specifically
mentioned in tender terms and conditions. iii. Kindly note that in case Unloading is in HPCL’s Scope and you are quoting for the same,
the same shall not be considered during evaluation and PO shall be placed accordingly.
25.0 MAKE OF MATERIAL
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25.1 The materials required to be supplied by the Bidder under this Contract shall be procured only from Owner / Consultant approved vendors enlisted under Annexure-1 of this SCP (Chapter 3 of this tender).Where the makes of materials are not indicated in the IFB, Bidder shall furnish the details (Past track record / credentials) of proposed makes and shall obtain prior approval of Owner / Consultant. Bidder shall not procure any item from vendors not approved by Consultant/ Owner.
25.2 Bidder is also required to ensure that equipment qualification criteria, specified elsewhere in the bid document, are also simultaneously met.
25.3 Bidder shall make an independent assessment of capability of all the vendors for timely deliveries of material / equipment. Any delays in deliveries by vendor(s) shall not be a cause of Schedule and cost implication.
25.4 Non-acceptance of a particular proposed Makes /vendor due to any reasons whatsoever shall not be a cause of Schedule and cost implication to the Owner.
25.5 At any stage of the project, if it comes to the notice of Owner/ Consultant that Vendor has procured material / equipment, intentionally or unintentionally whatsoever, from an unapproved vendor and/or items not falling in approved range of vendor(s), the same shall be rejected forthwith and Vendor shall be liable to replace such material /plant / machinery without any Schedule and cost implication to the Owner.
25.6 It is understood that should the name of Vendor be changed due to change in their Company or Corporate shareholding, Owner may accept such Vendors under its new name with prior approval.
25.7 Any such approval shall however, not absolve the Vendor from any of his obligations under the contract; neither shall any such approval signify nominations or instruction to use such a vendor. All approved vendors are deemed to have been freely chosen by the VENDOR at his own risk.
26.0 Annexure - 1 of SCP - List of Approved Makes / Sub-Vendor’s - Not Applicable.
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GENERAL TERMS &
CONDITIONS OF WORKS CONTRACT
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Chapter – 4 a
GENERAL TERMS & CONDITIONS OF WORKS CONTRACT
GENERAL TERMS &
CONDITIONS OF WORKS CONTRACT
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GENERAL TERMS & CONDITIONS OF WORKS CONTRACT
1 PRELIMINARY
1.1 This is a Contract for execution of job as defined in tender document at the specified
location
1.2 The tenderer for the abovementioned item of work is the company/ proprietary
concern/ individual (as per details & address mentioned in the unpriced bid) and undersigned (digitally) is authorized to submit the bid on behalf of tenderer.
1.3 The terms and conditions mentioned hereunder are the terms and conditions of the
Contract for the execution of the work mentioned under item 1.1 above.
1.4 It is the clear understanding between Hindustan Petroleum Corporation Limited and the tenderer that in case the bid of tenderer is accepted by Hindustan Petroleum Corporation Limited and an intimation to that effect is so issued and also a Procurement Order is on the tenderer this document shall form part of the Contract between the parties and terms and conditions hereunder would govern the parties interest.
1.5 Interpretation of Contract Documents: All documents forming part of the Contract are to
be taken mutually explanatory. Should there be any discrepancy, inconsistency, error or omission in the contract, the decision of the Owner/Engineer-in-Charge/Site-in-Charge shall be the final and the contractor shall abide by the decision. The decision shall not be arbitrable. Works shown upon the drawings but not mentioned in the specification or described in the specifications without being shown on the drawings shall nevertheless be deemed to be included in the same manner as if they are shown in the drawings and described in the specifications.
1.6 Special conditions of Contract : The special conditions of contract, if any
provided and whenever and wherever referred to shall be read in conjunction with General Terms and Conditions of contract, specifications, drawings, and any other documents forming part of this contract wherever the context so requires. Notwithstanding the subdivision of the documents into separate sections, parts volumes, every section, part or volume shall be deemed to be supplementary or complementary to each other and shall be read in whole. In case of any misunderstanding arising the same shall be referred to decision of the Owner/ Engineer-in-Charge/Site-in-Charge and their decision shall be final and binding and the decision shall not be arbitrable.
It is the clear understanding that wherever it is mentioned that the Contractor shall do/perform a work and/or provide facilities for the performance of the work, the doing or the performance or the providing of the facilities is at the cost and expenses of the Contractor not liable to be paid or reimbursed by the Owner.
2. DEFINITIONS
GENERAL TERMS &
CONDITIONS OF WORKS CONTRACT
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In this contract unless otherwise specifically provided or defined and unless a contrary intention appears from the contract the following words and expressions are used in the following meanings;
2.1 The term "Agreement" wherever appearing in this document shall be read as
"Contract".
2.2 The "Authority" for the purpose of this Contract shall be the Chairman and
Managing Director or any other person so appointed or authorised.
2.3 The "Chairman and Managing Director" shall mean the Chairman and Managing Director of HINDUSTAN PETROLEUM CORPORATION LIMITED or any person so appointed, nominated or designated and holding the office of Chairman & Managing Director.
2.4 The "Change Order" means an order given in writing by the Engineer-in-Charge or by Owner to effect additions to or deletion from or alterations into the Work.
2.5 The "Construction Equipment" means all appliances and equipment of whatsoever nature for the use in or for the execution, completion, operation or maintenance of the work except those intended to form part of the Permanent Work.
2.6 The "Contract" between the Owner and the Contractor shall mean and include all documents like enquiry, tender submitted by the contractor and the procurement order issued by the owner and other documents connected with the issue of the procurement order and orders, instruction, drawings, change orders, directions issued by the Owner/Engineer-in-Charge/Site-in-Charge for the execution, completion and commissioning of the works and the period of contract mentioned in the Contract including such periods of time extensions as may be granted by the owner at the request of the contractor and such period of time for which the work is continued by the contractor for purposes of completion of the work.
2.7 "The Contractor" means the person or the persons, firm or Company whose tender has been accepted by the Owner and includes the Contractor's legal heirs, representative, successor(s) and permitted assignees.
2.8 The "Drawings" shall include maps, plans and tracings or prints thereof with any modifications approved in writing by the Engineer-in-Charge and such other drawings as may, from time to time, be furnished or approved in writing by the Engineer-in-Charge.
2.9 The "Engineer-in-Charge or Site-in-Charge" shall mean the person appointed or designated as such by the Owner and shall include those who are expressly authorised by the owner to act for and on its behalf.
2.10 "The Owner" means the HINDUSTAN PETROLEUM CORPORATION LIMITED incorporated in India having its Registered office at PETROLEUM HOUSE, 17, JAMSHEDJI TATA ROAD, BOMBAY - 400020 and Marketing office at the address mentioned for this purpose in the tender header or their successors or assignees.
2.11 The "Permanent Work" means and includes works which form a part of the work to be handed over to the Owner by the Contractor on completion of the contract.
2.12 The "Project Manager" shall mean the Project Manager of HINDUSTAN
PETROLEUM CORPORATION LIMITED, or any person so appointed, nominated or designated.
GENERAL TERMS &
CONDITIONS OF WORKS CONTRACT
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2.13 The "Site" means the land on which the work is to be executed or carried out and such other place(s) for purpose of performing the Contract.
2.14 The "Specifications" shall mean the various technical and other specifications attached and referred to in the tender documents. It shall also include the latest editions, including all addenda/corrigenda or relevant Indian Standard Specifications and Bureau Of Indian Standards.
2.15 The "Sub-Contractor" means any person or firm or Company (other than the Contractor) to whom any part of the work has been entrusted by the Contractor with the prior written consent of the Owner/Engineer-in-Charge/Site-in- Charge and their legal heirs, representatives, successors and permitted assignees of such person, firm or Company.
2.16 The "Temporary Work" means and includes all such works which are a part of the contract for execution of the permanent work but does not form part of the permanent work confirming to practices, procedures applicable rules and regulations relevant in that behalf.
2.17 The "Tender" means the document submitted by a person or authority for carrying out the work and the Tenderer means a person or authority who submits the tender offering to carry out the work as per the terms and conditions.
2.18 The "Work" shall mean the works to be executed in accordance with the Contract or part thereof as the case may be and shall include extra, additional, altered or substituted works as maybe required for the purposes of completion of the work contemplated under the Contract.
3. SUBMISSION OF TENDER
3.1 Before submitting the Tender, the Tenderer shall at their own cost and
expenses visit the site, examine and satisfy as to the nature of the existing roads, means of communications, the character of the soil, state of land and of the excavations, the correct dimensions of the work facilities for procuring various construction and other material and their availability, and shall obtain information on all matters and conditions as they may feel necessary for the execution of the works as intended by the Owners and shall also satisfy of the availability of suitable water for construction of civil works and for drinking purpose and power required for fabrication work etc. Tenderer, whose tender may be accepted and with whom the Contract is entered into shall not be eligible and be able to make any claim on any of the said counts in what so ever manner for what so ever reasons at any point of time and such a claim shall not be raised as a dispute and shall not be arbitrable.
A pre-bid meeting may be held as per the schedule mentioned in the tender.
3.2 The Tenderer shall be deemed to have satisfied fully before tendering as to the
correctness and sufficiency of his tender for the works and of the rates and prices quoted in the schedule of quantities which rates and prices shall except as otherwise provided cover all his obligations under the contract.
3.3 It must be clearly understood that the whole of the conditions and specifications are intended to be strictly enforced and that no work will be considered as extra work and allowed and paid for unless they are clearly outside the scope, spirit, meaning of the Contract and intent of the Owner and have been so ordered in writing by Owner and/or Engineer-in-Charge/Site-in-Charge, whose decision shall be final and binding.
GENERAL TERMS &
CONDITIONS OF WORKS CONTRACT
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3.4 Before filling the Tender the Contractor will check and satisfy all drawings and
materials to be procured and the schedule of quantities by obtaining clarification from the Owner on all the items as may be desired by the Tenderer. No claim for any alleged loss or compensation will be entertained on this account, after submission of Tender by the Tenderer/Contractor and such a claim shall not be arbitrable.
3.5 Unless specifically provided for in the tender documents or any Special
Conditions, no escalation in the Tender rates or prices quoted will be permitted throughout the period of contract or the period of actual completion of the job whichever is later on account of any variation in prices of materials or cost of labour or due to any other reasons. Claims on account of escalation shall not be arbitrable.
3.6 The quantities indicated in the Tender are approximate. The approved schedule of
rates of the contract will be applicable for variations upto plus or minus 25% of the contract value. No revision of schedule of rates wil l be permitted for such variations in the contract value, including variations of individual quantities, addition of new items, alterations, additions/deletions or substitutions of items, as mentioned above. Quantities etc. mentioned and accepted in the joint measurement sheets shall alone be final and binding on the parties.
3.7 Owner reserve their right to award the contract to any tenderer and their decision in this regard shall be final. They also reserve their right to reject any or all tenders received. No disputes could be raised by any tenderer(s) whose tender has been rejected.
3.8 The Rates quoted by the Tenderer shall include Costs and expenses on all counts viz. cost of materials, transportation of machine(s), tools, equipments, labour, power, Administration charges, price escalations, profits, etc. etc. except to the extent of the cost of material(s), if any, agreed to be supplied by Owner and mentioned specifically in that regard in condition of Contract, in which case, the cost of such material if taken for preparation of the Contractor's Bill(s) shall be deducted before making payment of the Bill(s) of the Contractor. The description given in the schedule of quantities shall unless otherwise stated be held to include wastage on materials, carriage and cartage, carrying in and return of empties, hoisting, setting, fitting and fixing in position and all other expenses necessary in and for the full and complete execution and completion of works and in accordance with good practice and recognised principles in that regard.
3.9 Employees of the State and Central Govt. and employees of the Public Sector Undertakings, including retired employees are covered under their respective service conditions/rules in regard to their submitting the tender. All such persons should ensure compliance to the respective/applicable conditions, rules etc. etc. Any person not complying with those rules etc. but submitting the tender in violation of such rules, after being so noticed shall be liable for the forfeiture of the Earnest Money Deposit made with the tender, termination of Contract and sufferance on account of forfeiture of Security Deposit and sufferance of damages arising as a result of termination of Contract.
3.10 In consideration for having a chance to be considered for entering into a
contract with the Owner, the Tenderer agrees that the Tender submitted by him shall remain valid for the period prescribed in the tender conditions, from the date of opening of the tender. The Tenderer shall not be entitled during the
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said validity period, to revoke or cancel the tender without the consent in writing from the Owner.
In case the tenderer revokes or cancels the tender or varies any of terms of the tender without the Consent of the Owner, in writing, the Tenderer forfeits the right to the refund of the Earnest Money paid along with the tender.
3.11 The prices quoted by the Tenderer shall be firm during the validity period of
the bid and Tenderer agrees to keep the bid alive and valid during the said period. The Tenderers shall particularly take note of this factor before submitting their tender(s).
3.12 The works shall be carried out strictly as per approved specifications. Deviations, if
any, shall have to be authorised by the Engineer-in-Charge/Site-in-Charge in writing prior to implementing deviations. The price benefit, if any, arising out of the accepted deviation shall be passed on to the Owner. The decision of Engineer- in-Charge shall be final in this matter.
3.13 The contractor shall make all arrangements at his own cost to transport the
required materials outside and inside the working places and leaving the premises in a neat and tidy condition after completion of the job to the satisfaction of Owner. All materials except those agreed to be supplied by the Owner shall be supplied by the contractor at his own cost and the rates quoted by the Contractor should be inclusive of all royalties, rents, taxes, duties, octroi, statutory levies, if any, etc. etc.
3.14 The Contractor shall not carry on any work other than the work under this Contract
within the Owner’s premises without prior permission in writing from the Engineer- in-Charge/Site-in-charge.
3.15 The Contractor shall be bound to follow and ensure compliance to all the safety
and security regulations and other statutory rules applicable to the area. In the event of any damage or loss or sufference caused due to non-observance of such rules and regulations, the contractor shall be solely responsible for the same and shall keep the Owner indemnified against all such losses and claims arising from the same.
3.16 At any time after acceptance of tender, the Owner reserves the right to add,
amend or delete any work item, the bill of quantities at a later date or reduce the scope of work in the overall interest of the work by prior discussion and intimation to the Contractor. The decision of Owner, with reasons recorded therefor, shall be final and binding on both the Owner and the Contractor. The Contractor shall not have right to claim compensation or damage etc. in that regard. The Owner reserves the right to split the work under this contract between two or more contractors without assigning any reasons.
3.17 Contractor shall not be entitled to sublet, sub contract or assign, the work
under this Contract without the prior consent of the Owner obtained in writing.
3.18 All signatures in tender document shall be dated as well as all the pages of all sections of the tender documents shall be initialed at the lower position and signed, wherever required in the tender papers by the Tenderer or by a person holding Power of Attorney authorising him to sign on behalf of the tenderer before submission of tender.
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3.19 The tender should be quoted in English, both in figures as well as in words. The rates
and amounts tendered by the Tenderer in the Schedule of rates for each item and in such a way that insertion is not possible. The total tendered amount should also be indicated both in figures and words with the signature of tenderer.
If some discrepancies are found between the rates given in words and figures of the amount shown in the tender, the following procedure shall be applied :
(a) When there is a difference between the rates in figures and words, the rate
which corresponds to the amount worked out by the tenderer shall be taken as correct.
(b) When the rate quoted by the tenderer in figures and words tallies but the amount is incorrect, the rate quoted by the tenderer shall be taken as correct.
(c) When it is not possible to ascertain the correct rate in the manner prescribed above the rate as quoted in words shall be adopted.
3.20 All corrections and alterations in the entries of tender paper will be signed in full by the tenderer with date. No erasures or over writings are permissible.
3.21 Transfer o f tender document by one intending tenderer to the another one is not
permissible. The tenderer on whose name the tender has been sent only can quote.
3.22 The Tender submitted by a tenderer if found to be incomplete in any or all
manner is liable to be rejected. The decision of the Owner in this regard is final and binding.
4. DEPOSITS
a) EARNEST MONEY DEPOSIT (EMD)
The tenderer will be required to pay a sum as specified in the covering letter, as earnest money deposit along with the tender either thru a crossed demand draft or a non-revokable Bank Guarantee in favour of Hindustan Petroleum Corporation Limited, from any Scheduled Bank (other than a Co-Operative Bank) payable at Mumbai in favour of Hindustan Petroleum Corporation Limited, Mumbai in the proforma enclosed. The earnest money deposit will be refunded after finalisation of the contract.
Note: Public sector enterprises and small scale units registered with National Small Scale Industries are exempted from payment of Earnest Money Deposit. Small scale units registered with National Small Scale Industries should enclose a photocopy of their registration certificate with their quotation to make their quotation eligible for consideration. The Registration Certificate should remain valid during the period of the contract that may be entered into with such successful bidder. Such tenderers should ensure validity of the Registration Certificate for the purpose.
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b) SECURITY DEPOSIT:
The tenderer, with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1%) of the total contract value in the form of account payee crossed demand draft drawn in favour of the Owner, within 15 days from the date of intimation of acceptance of their tender, failing which the Owner reserves the right to cancel the Contract and forfeit the EMD.
1% of PO/Contract value as Security deposit will be acceptable in the form of Demand
draft upto ` 50,000/- and in the form of Demand draft / Bank guarantee beyond ` 50,000/-.
®
Composite Performance Bank Guarantee (CPBG) valid upto a period of 3 months beyond the expiry of defect liability period. Demand Draft should be
drawn on Scheduled Banks, other than co-operative bank. Quantum of Performance Bank Guarantee inclusive of Security Deposit should be
as follows: - All items (other than CVR items) : 10% of PO value
- For CVR items: ₹ 10.0 lakhs or 5% of the order value whichever is lower. Composite PBG of above value towards Performance Bank Guarantee inclusive of Security Deposit shall be accepted (in lieu of deduction of retention money of 10% from each bill); Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period. Demand Draft should be drawn on Scheduled Banks (other than cooperative banks).
5. EXECUTION OF WORK
All the works shall be executed in strict conformity with the provisions of the contract documents and with such explanatory details, drawings, specifications and instructions as may be furnished from time to time to the Contractor by the Engineer-in-Charge/ Site- in-Charge, whether mentioned in the Contract or not. The Contractor shall be responsible for ensuring that works throughout are executed in the most proper and workman- like
manner with the quality of material and workmanship in strict accordance with the
specifications and to the entire satisfaction of the Engineer-in- Charge/Site-in-Charge.
The completion of work may entail working in monsoon also. The contractor must maintain the necessary work force as may be required during monsoon and plan to execute the job in such a way the entire project is completed within the contracted time schedule. No extra charges shall be payable for such work during monsoon. It shall be the responsibility of the contractor to keep the construction work site free from water during and off the monsoon period at his own cost and expenses.
For working on Sundays/Holidays, the contractor shall obtain the necessary permission from Engineer Incharge/Site Incharge in advance. The contractor shall be permitted to work beyond the normal hours with prior approval of Engineer-In-Charge/Site-In-Charge and the contractors quoted rate is inclusive of all such extended hours of working and no extra amount shall be payable by the owner on this account.
5.a. SETTING OUT OF WORKS AND SITE INSTRUCTIONS
5.a.1. The Engineer-in-Charge/Site-in-Charge shall furnish the Contractor with only the four corners of the work site and a level bench mark and the Contractor shall set out the works and shall provide an efficient staff for the purpose and shall be solely responsible for the accuracy of such setting out.
® REVISION: PROC-003/18.08.2014
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5.a.2. The Contractor shall provide, fix and be responsible for the maintenance of all necessary stakes, templates, level marks, profiles and other similar things and shall take all necessary precautions to prevent their removal or disturbance and shall be responsible for consequences of such removal or disturbance should the same take place and for their efficient and timely reinstatement. The Contractor shall also be responsible for the maintenance of all existing survey marks, either existing or supplied and fixed by the Contractor. The work shall be set out to the satisfaction of the Engineer-in-Charge/Site-in-Charge. The approval thereof or joining in setting out the work shall not relieve the Contractor of his responsibility.
5.a.3. Before beginning the works, the Contractor shall, at his own cost, provide all necessary reference and level posts, pegs, bamboos, flags ranging rods, strings and other materials for proper layout of the work in accordance with the scheme, for bearing marks acceptable to the Engineer-in-Charge/Site-in- Charge. The Centre longitudinal or face lines and cross lines shall be marked by means of small masonary pillars. Each pillar shall have distinct marks at the centre to enable theodolite to be set over it. No work shall be started until all these points are checked and approved by the Engineer-in-Charge/Site-in- Charge in writing. But such approval shall not relieve the contractor of any of his responsibilities. The Contractor shall also provide all labour, materials and other facilities, as necessary, for the proper checking of layout and inspection of the points during construction.
5.a.4. Pillars bearing geodetic marks located at the sites of units of works under construction should be protected and fenced by the Contractor.
5.a.5. On completion of works, the contractor shall submit the geodetic documents according to which the work was carried out.
5.a.6. The Engineer-in-Charge/Site-in-Charge shall communicate or confirm his instructions to the contractor in respect of the executions of work in a "work site order book" maintained in the office having duplicate sheet and the authorised representative of the contractor shall confirm receipt of such instructions by signing the relevant entries in the book.
5.a.7. All instructions issued by the Engineer-in-Charge/Site-in-Charge shall be in writing. The Contractor shall be liable to carry out the instructions without fail.
5.a.8. If the Contractor after receipt of written instruction from the Engineer-in-Charge/ Site-in-Charge requiring compliance within seven days fails to comply with such drawings or 'instructions' or both as the Engineer-in-Charge/Site-in-Charge may issue, owner may employ and pay other persons to execute any such work whatsoever that may be necessary to give effect to such drawings or `instructions' and all cost and expenses incurred in connection therewith as certified by the Engineer-in-Charge/ Site-in-Charge shall be borne by the contractor or may be deducted from amounts due or that may become due to the contractor under the contract or may be recovered as a debt.
5.a.9. The Contractor shall be entirely and exclusively responsible for the horizontal and vertical alignment, the levels and correctness of every part of the work and shall rectify effectually any errors or imperfections therein. Such rectifications shall be carried out by the Contractor, at his own cost.
5.a.10. In case any doubts arise in the mind of the Contractor in regard to any expressions, interpretations, statements, calculations of quantities, supply of material rates, etc. etc., the contractor shall refer the same to the Site-in-Charge/ Engineer-in-Charge for his clarification, instructions, guidance or clearing of
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doubts. The decision of the Engineer-in-Charge/Site-in-Charge shall be final and the contractor shall be bound by such a decision.
5.a.11."The Contractor shall take adequate precautions, to ensure that his operations
do not create nuisance or misuse of the work space that shall cause unnecessary disturbance or inconvenience to others at the work site".
5.a.12. "All fossils, coins articles of value of antiquity and structure or other remains
of geological or archaeological discovered on the site of works shall be declared to be the property of the Owner and Contractor shall take reasonable precautions to prevent his workmen or any other persons from removing or damaging any such articles or thing and shall immediately inform the Owner/ Engineer-in-Charge/Site-in-Charge."
5.a.13. "Contractor will be entirely and exclusively responsible to provide and
maintain at his expenses all lights, guards, fencing, etc. when and where even necessary or/as required by the Engineer-in-Charge/Site-in-Charge for the protection of works or safety and convenience to all the members employed at the site or general public."
5.b. COMMENCEMENT OF WORK
The contractor shall after paying the requisite security deposit, commence work within 15 days from the date of receipt of the intimation of intent from the Owner informing that the contract is being awarded. The date of intimation shall be the date/day for counting the starting day/date and the ending day/date will be accordingly calculated. Penalty, if any, for the delay in execution shall be calculated accordingly.
Contractor should prepare detailed fortnightly construction programme for approval by the Engineer-in-Charge within one month of receipt of Letter Of Intent. The work shall be executed strictly as per such time schedule. The period of Contract includes the time required for testing, rectifications, if any, re-testing and completion of work in all respects to the entire satisfaction of the Engineer-in-Charge.
A Letter of Intent is an acceptance of offer by the Owner and it need not be accepted by the contractor. But the contractor should acknowledge a receipt of the purchase order within 15 days of mailing of Purchase Order and any delay in acknowledging the receipt will be a breach of contract and compensation for the loss caused by such breach will be recovered by the Owner by forfeiting earnest money deposit/bid bond.
5.c. SUBLETTING OF WORK
5.c.1. No part of the contract nor any share or interest thereof shall in any manner or
degree be transferred, assigned or sublet, by the Contractor, directly or indirectly to any firm or corporation whatsoever, without the prior consent in writing of the Owner.
5.c.2. At the commencement of every month the Contractor shall furnish to the Engineer-
in-charge/Site-in-Charge list of all sub-contractors or other persons or firms engaged by the Contractor.
5.c.3 The contract agreement will specify major items of supply or services for which the
Contractor proposes to engage sub-Contractor/sub-Vendor. The contractor may
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from time to time propose any addition or deletion from any such list and will submit the proposals in this regard to the Engineer-in-charge/Designated officer-in- charge for approval well in advance so as not to impede the progress of work. Such approval of the Engineer-in-charge/Designated officer-in-charge will not relieve the contractor from any of his obligations, duties and responsibilities under the contract.
5.c.4. Notwithstanding any sub-letting with such approval as resaid and notwithstanding
that the Engineer-in-Charge shall have received copies of any sub-contract, the Contractor shall be and shall remain solely to be responsible for the quality and proper and expeditious execution of the works and the performance of all the conditions of the contract in all respects as if such subletting or sub-contracting had not taken place and as if such work had been done directly by the Contractor.
5.c.5 Prior approval in writing of the Owner shall be obtained before any change is made
in the constitution of the contractor/Contracting agency otherwise contract shall be deemed to have been allotted in contravention of clause entitled “sub-letting of works” and the same action may be taken and the same consequence shall ensue as provided in the clause of “sub- letting of works”.
5.d EXTENSION OF TIME
1) If the Contractor anticipates that he will not be able to complete the work
within the contractual delivery/ completion date (CDD), then the Contractor shall make a request for grant of time extension clearly specifying the reasons for which he seeks extension of time and demonstrating as to how these reasons were beyond the control of the contractor or attributable to the Owner. This request should be made well before the expiry of the Contractual Delivery/ Completion Date (CDD).
2) If such a request for extension is received with a Bank Guarantee for the full
Price Reduction amount calculated on the Total Contract Value, the concerned General Manager of the Owner shall grant a Provisional extension of time, pending a decision on the request.
3) The concerned General Manager of the Owner shall expeditiously decide upon
the request for time extension and decide the levy of price reduction within a maximum period of 6 months fom the CDD or date of receipt of the request, whichever is earlier.
4) Grant of any extension of time shall be by means of issuance of a Change
Order.
5) In order to avoid any cash crunch to the Contractor, a Bank Guarantee could be accepted against Price Reduction, as stated above. Once a decision is taken, the Price Reduction shall be recovered from any pending bills or by encashment of the BG. Any balance sum of Contractor or the BG (if Price Reduction is fully recovered from the bills) shall be promptly refunded/returned to the Contractor.
5.e. SUSPENSION OF WORKS
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5.e.1. Subject to the provisions of this contract, the contractor shall if ordered in writing by the Engineer- in-Charge/Site-in-Charge for reasons recorded suspend the works or any part thereof for such period and such time so ordered and shall not, after receiving such, proceed with the work therein ordered to suspended until he shall have received a written order to re-start. The Contractor shall be entitled to claim extension of time for that period of time the work was ordered to be suspended. Neither the Owner nor the Contractor shall be entitled to claim compensation or damages on account of such an extension of time.
5.e.2. In case of suspension of entire work, ordered in writing by Engineer-in-
Charge/Site-in-Charge, for a period of 30 days, the Owner shall have the option to terminate the Contract as provided under the clause fortermination. The Contractor shall not be at liberty to remove from the site of the works any plant or materials belonging to him and the Employer shall have lien upon all such plant and materials.
5.e.3. The contractor shall, in case of suspension have the right to raise a dispute
and have the same arbitrated but however, shall not have the right to have the work stopped from further progress and completion either by the owner or through other contractor appointed by the owner.
5.f. OWNER MAY DO PART OF WORK
Not withstanding anything contained elsewhere in this contract, the owner upon failure of the Contractor to comply with any instructions given in accordance with the provisions of this contract, may instead of Contract and undertaking charge of entire work, place additional labour force, tools, equipment and materials on such parts of the work, as the Owner may decide or engage another Contractor to carryout the balance of work. In such cases, the Owner shall have the right to deduct from the amounts payable to the Contractor the difference in cost of such work and materials with ten percent overhead added to cover all departmental charges. Should the total amount thereof exceed the amount due to the contractor, the Contractor shall pay the difference to the Owner within 15 days of making demand for payment failing which the Contractor shall be liable to pay interest at 24% p.a. on such amounts till the date of payment.
5.g. INSPECTION OF WORKS
5.g.1. The Engineer-in-Charge/Site-in-Charge and Officers from Central or State
Government will have full power and authority to inspect the works at any time wherever in progress, either on the site or at the Contractor's premises/workshops of any person, firm or corporation where work in connection with the contract may be in hand or where the materials are being or are to be supplied, and the Contractor shall afford or procure for the Engineer-in- Charge/Site-in-Charge every facility and assistance to carryout such inspection. The Contractor shall, at all times during the usual working hours and at all other times at which reasonable notice of the intention of the Engineer-in-Charge/Site-in- Charge or his representative to visit the works shall have been given to the Contractor, either himself be present to receive orders and instructions, or have a responsible agent, duly accredited in writing, present for the purpose. Orders given to the Contractor's agent shall be considered to have the same force as if they had been given to the Contractor himself. The Contractor shall give not less than seven days notice in writing to the Engineer-in-Charge/Site-in-Charge before covering up or otherwise placing beyond reach of inspection and
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measurement any work in order that the same may be inspected and measured. In the event of breach of above, the same shall be uncovered at Contractor's expense for carrying out such measurement and/or inspection.
5.g.2. No material shall be removed and despatched by the Contractor from the site
without the prior approval in writing of the Engineer-in-charge. The contractor is to provide at all times during the progress of the work and the maintenance period proper means of access with ladders, gangways, etc. and the necessary attendance to move and adapt as directed for inspection or measurements of the works by the Engineer-in-Charge/Site-in-Charge.
5.h. SAMPLES
5.h.1. The contractor shall furnish to the Engineer-in-charge/Site-in-Charge for
approval when requested or required adequate samples of all materials and finishes to be used in the work.
5.h.2. Samples shall be furnished by the Contractor sufficiently in advance and before commencement of the work so as the Owner can carry out tests and examinations thereof and approve or reject the samples for use in the works. All material samples furnished and finally used/applied in actual work shall fully be of the same quality of the approved samples.
5.i. TESTS FOR QUALITY OF WORK
5.i.1. All workmanship shall be of the respective kinds described in the contract
documents and in accordance with the instructions of the Engineer-in-Charge / Site-in- Charge and shall be subjected from time to time to such tests at Contractor's cost as the Engineer-in-Charge/Site-in-Charge may direct at the place of manufacture or fabrication or on the site or at all or any such places. The Contractor shall provide assistance, instruments, labour and materials as are normally required for examining, measuring and testing any workmanship as may be selected and required by the Engineer-in-Charge/Site-in-Charge.
5.i.2. All the tests that will be necessary in connection with the execution of the work as decided by the Engineer-in- charge/Site-in-Charge shall be carried out at the contractors cost and expenses.
5.i.3. If any tests are required to be carried out in connection with the work or materials or workmanship to be supplied by the owner, such tests shall be carried out by the Contractor as per instructions of Engineer-in-Charge/Site-in-Charge and expenses for such tests, if any, incurred by the contractor shall be reimbursed by the Owner. The contractor should file his claim with the owner within 15 (fifteen) days of inspection/test and any claim made beyond that period shall lapse and be not payable.
5.j. ALTERATIONS AND ADDITIONS TO SPECIFICATIONS, DESIGNS AND WORKS
5.j.1. The Engineer-in-Charge/Site-in-Charge shall have powers to make any alterations,
additions and/or substitutions to the schedule of quantities, the original
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specifications, drawings, designs and instructions that may become necessary or advisable or during the progress of the work and the Contractor shall be bound to carryout such altered/extra/new items of work in accordance with instructions which may be given to him in writing signed by the Engineer-in- Charge/Site- in-Charge. Such alterations, omissions, additions or substitutions shall not invalidate the contract. The altered, additional or substituted work which the Contractor may be directed to carryon in the manner as part of the work shall be carried out by the Contractor on the same conditions in all respects on which he has agreed to do the work. The time for completion of such altered added and/or substituted work may be extended for that part of the particular job. The rates for such additional altered or substituted work under this Clause shall, be worked out in accordance with the following provisions:
5.j.2. If the rates for the additional, altered or substituted work are specified in the contract for similar class of work, the Contractor is bound to carryout the additional, altered or substituted work at the same rates as are specified in the contract.
5.j.3. If the rates for the additional, altered or substituted work are not specifically provided in the contract for the work, the rates will be derived from the rates for similar class of work as are specified in the contract for the work. In the opinion of the Engineer-in- Charge/Site-in-Charge as to whether or not the rates can be reasonably so derived from the items in this contract, will be final and binding on the Contractor.
5.j.4. If the rates for the altered, additional or substituted work cannot be determined in the manner specified above, then the Contractor shall, within seven days of the date of receipt of order to carry out the work, inform the Engineer-in-Charge/ Site-in-Charge of the rate at which he intends to charge for such class of work, supported by analysis of the rate or rates claimed and the Engineer-In-Charge/ Site-in-Charge shall determine the rates on the basis of the prevailing market rates for both material and labour plus 10% to cover overhead and profit of labour rates and pay the Contractor accordingly. The opinion of the Engineer-in- Charge/Site-in-Charge as to current market rates of materials and the quantum of labour involved per unit of measurement will be final and binding on the contractor.
5.j.5. In case of any item of work for which there is no specification supplied by the Owner and is mentioned in the tender documents, such work shall be carried out in accordance with Indian Standard Specifications and if the Indian Standard Specifications do not cover the same, the work should be carried out as per standard Engineering Practice subject to the approval of the Engineer-in-Charge/ Site-in-Charge.
5.k. PROVISIONAL ACCEPTANCE
Acceptance of sections of the works for purposes of equipment erection, piping, electrical work and similar usages by the Owner and payment for such work or parts of work shall not constitute a waiver of any portion of this contract and shall not be construed so as to prevent the Engineer from requiring replacement of defective work that may become apparent after the said acceptance and also shall not absolve the Contractor of the obligations under this contract. It is made clear that such an acceptance does not indicate or denote or establish to the fact of execution of that work or the Contract until the work is completed in full in accordance with the provisions of this Contract.
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5.l. COMPLETION OF WORK AND COMPLETION CERTIFICATE
As soon as the work is completed in all respects, the contractor shall give notice of such completion to the site in charge or the Owner and within thirty days of receipt of such notice the site in charge shall inspect the work and shall furnish the contractor with a certificate of completion indicating:
a) defects, if any, to be rectified by the contractor
b) items, if any, for which payment shall be made in reduced rates
c) the date of completion.
5.m. USE OF MATERIALS AND RETURN OF SURPLUS MATERIALS
5.m.1. Notwithstanding anything contained to the contrary in any or all of the clauses of
this contract, where any materials for the execution of the contract are procured with the assistance of Government either by issue from Government stocks or procurement made under orders or permits or licences issued by Government, the contractor shall use the said materials economically and solely for the purpose of the contract and shall not dispose them of without the permission of the Owner.
5.m.2. All surplus(serviceable) or unserviceable materials that may be left over after
the completion of the contract or at its termination for any reason whatsoever, the Contractor shall deliver the said product to the Owner without any demur. The price to be paid to the Contractor, if not already paid either in full or in part, however, shall not exceed the amount mentioned in the Schedule of Rates for such material and in cases where such rates are not so mentioned, shall not exceed the CPWD scheduled rates. In the event of breach of the aforesaid condition the contractor shall become liable for contravention of the terms of the Contract.
5.m.3. The surplus (serviceable) and unserviceable products shall be determined by joint
measurement. In case where joint measurement has failed to take place, the Owner may measure the same and determine the quantity.
5.m.4. It is made clear that the Owner shall not be liable to take stock and keep
possession and pay for the surplus and unserviceable stocks and the Owner may direct the Contractor to take back such material brought by the Contractor and becoming surplus and which the Owner may decide to keep and not to pay for the same.
5.n. DEFECT LIABILITY PERIOD
The contractor shall guarantee the work executed for a period of 12 months from the date of completion of the job. Any damage or defect that may arise or lie undiscovered at the time of completion of the job shall be rectified or replaced by the contractor at his own cost. The decision of the Engineer In-charge/Site-Incharge/Owner shall be the final in deciding whether the defect has to be rectified or replaced.
Equipment or spare parts replaced under warranty/guarantees shall have further warranty for a mutually agreed period from the date of acceptance.
The owner shall intimate the defects noticed in writing by a Registered A.D. letter or otherwise and the contractor within 15 days of receipt of the intimation shall start the
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rectification work and complete within the time specified by the owner failing which the owner will get the defects rectified by themselves or by any other contractor and the expenses incurred in getting the same done shall be paid by the Contractor under the provision of the Contract.
Thus, defect liability is applicable only in case of job/works contract (civil, mechanical, electrical, maintenance etc. ) where any damage of defect may arise in future (i.e. within 12 months from the date of completion of job) or lie undiscovered at the time of completion of job.
In other words, in case of service contracts (like car hire etc.) where there is no question of damage or defect arising in future, the defect liability clause is not applicable.
5.o. DAMAGE TO PROPERTY
5.o.1. Contractor shall be responsible for making good to the satisfaction of the Owner
any loss of and any damage to all structures and properties belonging to the Owner or being executed or procured by the Owner or of other agencies within the premises of the work of the Owner, if such loss or damage is due to fault and/or the negligence or willful acts or omission of the Contractor, his employees, agents, representatives or sub-contractors.
5.o.2. The Contractors shall indemnify and keep the Owner harmless of all claims for
damage to Owner's property arising under or by reason of this contract.
6. DUTIES AND RESPONSIBILITIES OF CONTRACTOR
6.a. EMPLOYMENT LIABILITY TOWARDS WORKERS EMPLOYED BY THE
CONTRACTOR
6.a.1 The Contractor shall be solely and exclusively responsible for engaging or
employing persons for the execution of work. All persons engaged by the contractor shall be on Contractor's payroll and paid by Contractor. All disputes or differences between the Contractor and his/their employees shall be settled by Contractor.
6.a.2. Owner has absolutely no liability whatsoever concerning the employees of the Contractor. The Contractor shall indemnify Owner against any loss or damage or liability arising out of or in the course of his/their employing persons or relation with his/their employees. The Contractor shall make regular and full payment of wages and on any complaint by any employee of the Contractor or his sub contractor regarding non-payment of wages, salaries or other dues, Owner reserves the right to make payments directly to such employees or sub- contractor of the Contractor and recover the amount in full from the bills of the Contractor and the contractor shall not claim any compensation or reimbursement thereof. The Contractor shall comply with the Minimum Wages Act applicable to the area of work site with regard to payment of wages to his employees and also to employees of his sub contractor.
6.a.3. The Contractor shall advise in writing or in such appropriate way to all of his employees and employees of sub-contractors and any other person engaged by him that their appointment/employment is not by the Owner but by the Contractor and that their present appointment is only in connection with the construction contract with Owner and that therefore, such an
employment/appointment would not enable or make them eligible for any
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employment/appointment with the Owner either temporarily or/and permanent basis.
6.b. NOTICE TO LOCAL BODIES
The contractor shall comply with and give all notices required under any Government authority, instruction, rule or order made under any act of parliament, state laws or any regulations or by-laws of any local authority relating to the works.
6.c. FIRST AID AND INDUSTRIAL INJURIES
6.c.1 Contractor shall maintain first aid facility for his employees and those of his
sub-contractors. 6.c.2. Contractor shall make arrangements for ambulance service and for the
treatment of all types of injuries. Names and telephone numbers of those providing such services shall be furnished to Owner prior to start of construction and their name board shall be prominently displayed in Contractor's field office.
6.c.3. All industrial injuries shall be reported promptly to owner and a copy of contractor's report covering each personal injury requiring the attention of a physician shall be furnished to the Owner.
6.d. SAFETY CODE
6.d.1. The Contractor shall at his own expenses arrange for the Safety provisions
as may be necessary for the execution of the work or as required by the Engineer-in-Charge in respect of all labours directly or indirectly employed for performance of the works and shall provide all facilities in connections therewith. In case the contractor fails to make arrangements and provide necessary facilities as aforesaid, the Owner shall be entitled to do so and recover the cost thereof from the Contractor.
6.d.2. From the commencement to the completion of the works, the contractor shall take full responsibility for the care thereof and of all the temporary works (defined as meaning all temporary works of every kind required in or for the execution, completion or maintenance of the works). In case damage, loss or injury shall happen to the works or to any part thereof or to temporary works or to any cause whatsoever repair at his (Contractor's) own cost and make good the same so that at the time of completion, the works shall be in good order and condition and in conformity in every respect with the requirement of the contract and Engineer-in-Charge's instructions.
6.d.3. In respect of all labour, directly or indirectly employed in the work for the performance of the Contractor's part of this agreement, the contractor shall at his own expense arrange for all the safety provisions as per relevant Safety Codes of C.P.W.D Bureau of Indian Standards, the Electricity Act/I.E. Rules. The Mines Act and such other Acts as applicable.
6.d.4. The Contractor shall observe and abide by all fire and safety regulations of the Owner. Before starting construction work, the Contractor shall consult with Owner's Safety Engineer or Engineer-in-Charge/Site-in-Charge and must make good to the satisfaction of the Owner any loss or damage due to fire to
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any portion of the work done or to be done under this agreement or to any of the Owner's existing property.
6.d.5. The Contractor will be fully responsible for complying with all relevant provisions of the Contract Labour Act and shall pay rates of Wages and observe hours of work/conditions of employment according to the rules in force from time to time.
6.d.6. The Contractor will be fully responsible for complying with the provision including documentation and submission of reports on the above to the concerned authorities and shall indemnify the Corporation from any such lapse for which the Government will be taking action against them.
6.d.7. Owner shall on a report having been made by an inspecting Office as defined in the Contract Labour Regulations have the power to deduct from the money due to the Contractor any sum required or estimated to be required for making good the loss suffered by a worker(s) by reasons of non-fulfillment of conditions of contract for the benefit of workers no-payment of wages or of deductions made from his or their wages which are not justified by the terms of contract or non observance of the said contractor's labour Regulation.
6.e. INSURANCE AND LABOUR
Contractor shall at his own expense obtain and maintain an insurance policy with a Nationalised Insurance Company to the satisfaction of the Owner as provided hereunder.
6.e.1. EMPLOYEES STATE INSURANCE ACT
i. The Contractor agrees to and does hereby accept full and exclusive
liability for the compliance with all obligations imposed by Employees State Insurance Act, 1948, and the Contractor further agrees to defend indemnify and hold Owner harmless from any liability or penalty which may be imposed by the Central, State or local authority by reason of any asserted violation by Contractor, or sub-contractor of the Employees' State Insurance Act, 1948 and also from all claims, suits or proceedings that may be brought against the Owner arising under, growing out of or by reason of the work provided for by this contract whether brought by employees of the Contractor, by third parties or by Central or State Government authority or any political sub-division thereof.
ii. The Contractor agrees to file with the Employees State Insurance Corporation, the Declaration forms and all forms which may be required in respect of the Contractor's or sub-contractor's employee whose aggregate emuneration is within the specified limit and who are employed in the work provided or those covered by ESI Act under any amendment to the Act from time to time.
The Contractor shall deduct and secure the agreement of the sub- contractor to deduct the employee's contribution as per the first schedule of the Employee's State Insurance Act from wages and affix the employee's contribution cards at wages payment intervals. The Contractor shall remit and secure the agreement of the sub contractor to remit to the State Bank of India, Employee's State Insurance Corporation Account, the Employee's contribution as required by the Act.
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ii. The Contractor agrees to maintain all records as required under the Act in respect of employees and payments and the Contractor shall secure the agreement of the sub contractor to maintain such records. Any expenses incurred for the contributions, making contribution or maintaining records shall be to the Contractor's or sub-contractor's account.
iv. The Owner shall retain such sum as may be necessary from the total contract value until the Contractor shall furnish satisfactory proof that all contributions as required by the Employees State Insurance Act, 1948, have been paid.
v. WORKMAN'S COMPENSATION AND EMPLOYEE'S LIABILITY INSURANCE
Provide Insurance for all the Contractor's employees engaged in the performance of this contract. If any of the work is sublet, the Contractor shall ensure that the sub contractor provides workmen's compensation and Employer's Liability Insurance for the latter's employees who are not covered under the Contractor's insurance.
vi. AUTOMOBILE LIABILITY INSURANCE
Contractor shall take out an Insurance to cover all risks to Owner for each of his vehicles plying on works of this contract and these insurances shall be valid for the total contract period. No extra payment will be made for this insurance. Owner shall not be liable for any damage or loss not made good by the Insurance Company, should such damage or loss result from unauthorised use of the vehicle. The provisions of the Motor Vehicle Act would apply.
vii. FIRE INSURANCE
Contractor shall within two weeks after award of contract insure the Works, Plant and Equipment and keep them insured until the final completion of the Contract against loss or damage by accident, fire or any other cause with an insurance company to be approved by the Employer/Consultant in the joint names of the Employer and the Contractor (name of the former being placed first in the Policy). Such Policy shall cover the property of the Employer only.
6.e.2. ANY OTHER INSURANCE REQUIRED UNDER LAW OR REGULATION OR BY
OWNER
i. Contractor shall also provide and maintain any and all other insurance which
may be required under any law or regulations from time to time. He shall also carry and maintain any other insurance which may be required by the Owner.
ii. The aforesaid insurance policy/policies shall provide that they shall not be
cancelled till the Engineer-in-Charge has agreed to their cancellation.
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iii. The Contractor shall satisfy to the Engineer-in-Charge/Site-in-Charge from time to time that he has taken out all insurance policies referred to above and has paid the necessary premium for keeping the policies alive till the expiry of the defects liability period.
iv. The contractor shall ensure that similar insurance policies are taken out
by his sub-contractor (if any) and shall be responsible for any claims or losses to the Owner resulting from their failure to obtain adequate insurance protections in connection thereof. The contractor shall produce or cause to be proceed by his sub-contractor (if any) as the case may be, the relevant policy or policies and premium receipts as and when required by the Engineer-in-Charge/Site-in-Charge.
6.e.3. LABOUR AND LABOUR LAWS
i. The contractor shall at his own cost employ persons during the period of
contract and the persons so appointed shall not be construed under any circumstances to be in the employment of the Owner.
ii. All payments shall be made by the contractor to the labour employed by
him in accordance with the various rules and regulations stated above. The contractor shall keep the Owner indemnified from any claims whatsoever inclusive of damages/costs or otherwise arising from injuries or alleged injuries to or death of a person employed by the contractor or damages or alleged damages to the property.
iii. No labour below the age of eighteen years shall be employed on the
work. The Contractor shall not pay less than what is provided under the provisions of the contract labour (Regulations and Abolition) Act, 1970 and the rules made thereunder and as may be amended from time to time. He shall pay the required deposit under the Act appropriate to the number of workman to be employed by him or through sub contractor and get himself registered under the Act. He shall produce the required Certificates to the Owner before commencement of the work. The Owner recognises only the Contractor and not his sub contractor under the provisions of the Act. The Contractor will have to submit daily a list of his workforce. He will also keep the wage register at the work site or/and produce the same to the Owner, whenever desired. A deposit may be taken by the Owner from the Contractor to be refunded only after the Owner is satisfied that all workmen employed by the Contractor have been fully paid for the period of work in Owner's premises at rates equal to or better than wages provided for under the Minimum Wages Act. The contractor shall be responsible and liable for any complaints that may arise in this regard and the consequences thereto.
iv. The Contractor will comply with the provisions of the Employee's Provident
Fund Act and the Family Pension Act as may be applicable and as amended from time to time.
v. The Contractor will comply with the provisions of the payment of Gratuity
Act, 1972, as may be applicable and as amended from time to time.
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vi. IMPLEMENTATION OF APPRENTICES ACT, 1961
The Contractor shall comply with the provisions of the Apprentices Act, 1961 and the Rules and Orders issued thereunder from time to time. If he fails to do so, his failure will be a breach of the contract and the Engineer-in- Charge may, at his discretion, cancel the contract. The Contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provision of the Act.
vii. MODEL RULES FOR LABOUR WELFARE
The Contractor shall at his own expenses comply with or cause be complied with Model rules for Labour Welfare as appended to those conditions or rules framed by the Government from time to time for the protection of health and for making sanitary arrangements for worker employed directly or indirectly on the works. In case the contractor fails to make arrangements as aforesaid the Engineer-in-Charge/Site-in-Charge shall be entitled to do so and recover the cost thereof from the contractor.
6.f. DOCUMENTS CONCERNING WORKS
6.f.1. All documents including drawings, blue prints, tracings, reproducible models,
plans, specifications and copies, thereof furnished by the Owner as well as all drawings, tracings, reproducibles, plans, specifications design calculations etc. prepared by the contractor for the purpose of execution of works covered in or connected with this contract shall be the property of the Owner and shall not be used by the contractor for any other work but are to be delivered to the Owner at the completion or otherwise of the contract.
6.f.2. The Contractor shall keep and maintain secrecy of the documents, drawings
etc. issued to him for the execution of this contract and restrict access to such documents, drawings etc. and further the Contractor shall execute a SECRECY agreement from each or any person employed by the Contractor having access to such documents, drawings etc. The Contractor shall not issue drawings and documents to any other agency or individual without the written approval by the Engineer-in-Charge/Site-in- Charge.
6.f.3. Contractor will not give any information or document etc. concerning details of
the work to the press or a news disseminating agency without prior written approval from Engineer-in-charge/Site-in-Charge. Contractor shall not take any pictures on site without written approval of Engineer-in-Charge/Site-in- Charge.
7. PAYMENT OF CONTRACTOR'S BILLS
7.1. Payments will be made against Running Accounts bills certified by the Owner's
Engineer-in-Charge/Site-in-Charge within 15 days from the date of receipt of the bill..
7.2. Running Account Bills and the final bill shall be submitted by the Contractor together
with the duly signed measurements sheet(s) to the Engineer-in-Charge/ Site-in- Charge of the Owner in quadruplicate for certification.
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The Bills shall also be accompanied by quantity calculations in support of the quantities contained in the bill along with cement consumption statement, actual/theoretical, wherever applicable duly certified by the Engineer-in-Charge/ Site-in- Charge of the Owner.
7.3. All running account payments shall be regarded as on account payment(s) to be finally
adjusted against the final bill payment. Payment of Running Account Bill(s) shall not determine or affect in any way the rights of the Owner under this Contract to make the final adjustments of the quantities of material, measurements of work and adjustments of amounts etc.etc. in the final bill.
7.4. The final bill shall be submitted by the Contractor within one month of the date of
completion of the work fully and completely in all respects. If the Contractor fails to submit the final bill accordingly Engineer-in-Charge/Site-in-Charge may make the measurement and determine the total amount payable for the work carried out by the Contractor and such a certification shall be final and binding on the Contractor. The Owner/Engineer- in-Charge/Site-in-Charge may take the assistance of an outside party for taking the measurement, the expenses of which shall be payable by the Contractor.
7.5. Payment of final bill shall be made within 30 days from the date of receipt of the certified
bill by the Disbursement Section of the owner.
7.6 Wherever possible, payment shall be tendered to the contractor in electronic mode (e-payment) through any of the designated banks. The contractor will comply by furnishing full particulars of Bank acount (mandate) to which the payments will be routed. Owner reserves the right to make payment in any alternate mode also.
7.a. MEASUREMENT OF WORKS
7.a.1. All measurements shall be in metric system. All the works will be jointly measured by the representative of the Engineer-in-Charge/Site-in-Charge and the Contractor or their authorised agent progressively. Such measurement will be recorded in the Measurement Book/Measurement Sheet by the Contractor or his authorised representative and signed in token of acceptance by the Owner or their authorised representative.
7.a.2. For the purpose of taking joint measurement, the Contractor/representative shall be bound to be present whenever required by the Engineer-in-Charge/Site- in-Charge.
If, however, they are absent for any reasons whatsoever, the measurement will be taken by the Engineer-in-Charge/Site-in-Charge or his representative and the same would be deemed to be correct and binding on the Contractor.
7.a.3. In case of any dispute as to the mode of measurement for any item of work, the latest Indian Standard Specifications shall be followed. In case of any further dispute on the same the same shall be as per the certification of an outside qualified Engineer/ Consultant. Such a measurement shall be final and binding on the Owner and the Contractor.
7.b. BILLING OF WORKS EXECUTED
The Contractor will submit a bill in approved proforma in quadruplicate to the Engineer- in-Charge/Site-in-Charge of the work giving abstract and detailed measurement for the various items executed during a month, before the expiry of the first week of the
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succeeding month. The Engineer-in-Charge/Site-in-Charge shall take or cause to be taken the requisite measurements for the purpose of having the bill verified and/or checked before forwarding the same to the disbursement office of the Owner for further action in terms of the Contract and payment thereafter. The Engineer-in-Charge/Site-in- Charge shall verify the bills within 7 days of submission of the Bill by the Contractor.
7.c. RETENTION MONEY
10% of the total value of the Running Account and Final Bill will be deducted and retained by the Owner as retention money on account of any damage/defect liability that may arise for the period covered under the defect liability period clause of the Contract free of interest. Any damage or defect that may arise or lie undiscovered at the time of issue of completion certificate connected in any way with the equipment or materials supplied by contractor or in workmanship shall be rectified or replaced by the contractor at his own expense failing which the Owner shall be entitled to rectify the said damage/defect from the retention money. Any excess of expenditure incurred by the Owner on account of damage or defect shall be payable by the Contractor. The decision of the Owner in this behalf shall not be liable to be questioned but shall be final and binding on the Contractor.
Thus, deduction towards retention money is applicable only in case of job/works contracts (civil, mechanical, electrical, maintenance etc.) where any damage or defect may arise in future (i.e. within 12 months from the date of completion of job) or lie undiscovered at the time of issue of completion certificate.
7.d. STATUTORY LEVIES
7.d.1 The Contractor accepts full and exclusive liability for the payment of any and all
taxes, duties, octroi, rates, cess, levies and statutory payments payable under all or any of the statutes etc.
Variations of taxes and duties arising out of the amendments to the Central / State enactments, in respect of sale of goods / services covered under this bid shall be to HPCL’s account, so long as :
• They relate to the period after the opening of the price bid, but before the
contracted completion period ( excluding permitted extensions due to delay on account of the contractors, if any) or the actual completion period, whichever is earlier; and
• The vendor furnishes documentary evidence of incurrence of such variations, in addition to the invoices/documents for claiming Cenvat /Input Tax credit, wherever applicable.
All contributions and taxes for unemployment compensation, insurance and old age pensions or annuities now or hereafter imposed by Central or State Governmental authorities which are imposed with respect to or covered by the wages, salaries or other compensations paid to the persons employed by the Contractor and the Contractor shall be responsible for the compliance with all obligations and restrictions imposed by the Labour Law or any other law affecting employer-employee relationship and the Contractor further agrees to comply and to secure the compliance of all sub-contractors with all applicable Central,
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State, Municipal and local laws, and regulations and requirements of any
Central, State or Local Government agency or authority.
Contractor further agrees to defend, indemnify and hold harmless from any liability or penalty which may be imposed by the Central, State or Local authorities by reason of any violation by Contractor or sub-contractor of such laws, regulations or requirements and also from all claims, suits or proceedings that may be brought against the Owner arising under, growing out of, or by reasons of the work provided for by this contract by third parties, or by Central or State Government authority or any administrative sub-division thereof. The Contractor further agrees that in case any such demand is raised against the Owner, and Owner has no way but to pay and pays/makes payment of the same, the Owner shall have the right to deduct the same from the amounts due and payable to the Contractor. The Contractor shall not raise any demand or dispute in respect of the same but may have recourse to recover/receive from the concerned authorities on the basis of the Certificate of the Owner issued in that behalf.
7.d.2. The rates quoted should be inclusive of all rates, cess, taxes and sales tax on
works contracts wherever applicable. However, wherever the sales tax on works contract is applicable and is to be deducted at source, the same will be deducted from the bills of the Contractor and paid to the concerned authorities. The proof of such payments of sales tax on works contract will be furnished to the contractor.
7.d.3. Income tax will be deducted at source as per rules at prevailing rates, unless
certificate, if any, for deduction at lesser rate or nil deduction is submitted by the Contractor from appropriate authority.
7.d.4 The contractor shall provide accurate particulars of PAN number as required, under
Section 206AA of Income Tax Act 1961.
7.d.5 The contractors having their ‘tax residency status’ outside India shall provide Tax Residency Certificate (TRC), issued by Government of the Country or the specified territory where the Contractor is a Resident. Rule 21AB of the Income Tax Rules, 1962 has prescribed the contents of a TRC. This would enable the Corporation to deduct tax at source by duly considering the ‘treaty relief’, if any, under Double Taxation Avoidance Agreement (DTAA) entered into between GOI and the respective country/specified territory in which the Contractors’ ‘tax residency status’ is currently in force.
7.e. MATERIALS TO BE SUPPLIED BY CONTRACTOR
7.e.1. The Contractor shall procure and provide the whole of the materials required for construction including Spares, Tools, Tackles, construction plant and equipment for the completion and maintenance of the works except the materials viz. steel and cement which may be agreed to be supplied as provided elsewhere in the contract. The contractor shall make arrangement for procuring such materials and for the transport thereof at their own cost and expenses.
7.e.2. The Owner may give necessary recommendation to the respective authority if so desired by the Contractor but assumes no responsibility of any nature.
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The Contractor shall procure materials of ISI stamp/certification and supplied by reputed suppliers borne on DGS&D list.
7.e.3. All materials procured should meet the specifications given in the tender
document. The Engineer-in-charge may, at his discretion, ask for samples and test certificates for any batch of any materials procured. Before procuring, the Contractor should get the approval of Engineer-in-Charge/Site-in-Charge for any materials to be used for the works.
7.e.4. Manufacturer's certificate shall be submitted for all materials supplied by the
Contractor. If, however, in the opinion of the Engineer-in-Charge/Site-in-Charge any tests are required to be conducted on the material supplied by the Contractor, these will be arranged by the Contractor promptly at his own cost.
7.f. MATERIALS TO BE SUPPLIED BY THE OWNER
7.f.1. Steel and Cement maybe supplied by the Owner to the contractor against
payment by Contractor from either godown or from the site or within work premises itself and the contractor shall arrange for all transport to actual work site at no extra cost.
7.f.2. The contractor shall bear all the costs including loading and unloading, carting
from issue points to work spot storage, unloading, custody and handling and stacking the same and return the surplus steel and cement to the Owner's storage point after completion of job.
7.f.3. The contractor will be fully accountable for the steel and cement received from the
Owner and contractor will give acknowledgement/receipt for quantity of steel and cement received by him each time he uplifts cement from Owner's custody.
7.f.4. For all computation purposes, the theoretical cement consumption shall be
considered as per CPWD standards.
7.f.5. Steel and Cement as received from the manufacturer/stockists will be issued to the contractor. Theoretical weight of cement in a bag will be considered as 50 Kg. Bags weighing upto 4% less shall be accepted by the contractor and considered as 50 Kg. per bag. Any shortage in the weight of any cement bag by more than 4% will be to the Owner's account only when pointed out by the Contractor and verified by Engineer-in-Charge/Site in Charge at the time of Contract or taking delivery.
7.f.6. The contractor will be required to maintain a stock register for receipt, issuance
and consumption of steel and cement at site. Cement will be stored in a warehouse at site. Requirement of cement on any day will be taken out of the warehouse. Cement issued shall be regulated on the basis of FIRST RECEIPT to go as FIRST ISSUE.
7.f.7. Empty cement bag shall be the property of the Contractor. Contractor shall
be penalised for any excess/under consumption of cement. The penal rate will be twice the rate of issue of cement for this work.
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7.f.8. All the running bills as well as the final bills will be accompanied by cement consumption statements giving the detailed working of the cement used, cement received and stock-on-hand.
7.f.9. The Contractor will be fully responsible for safe custody of cement once it is
received by him and during transport. Owner will not entertain any claims of the contractor for theft, loss or damage to cement while in their custody.
7.f.10. The contractor shall not remove from the site any cement bags at any time.
7.f.11. The Contractor shall advise Engineer-in-charge/Site-in-charge in writing atleast 21
days before exhausting the Cement stocks already held by Contractor to ensure that such delays do not lead to interruptions in the progress of work.
7.f.12. Cement shall not be supplied by the Owner for manufacturing of mosaic tiles,
precast cement jali and any other bought out items which consume cement and for temporary works.
7.f.13. Cement in bags and in good usable condition left over after the completion of
work shall be returned by the contractor to the Owner. The Owner shall make payment to the Contractor at the supply rate for such stocks of cement they accept and receive. Any refused stock of cement shall be removed by the Contractor from the site at his cost and expenses within 15 days of completion of the work.
8. PAYMENT OF CLAIMS AND DAMAGES
8.1. Should the Owner have to pay money in respect of claims or demands as aforesaid the
amount so paid and the costs incurred by the Owner shall be charged to and paid by the Contractor and the Contractor shall not be entitled to dispute or question the right of the Owner to make such payments notwithstanding the same may have been without his consent or authority or in law or otherwise to the contrary.
8.2. In every case in which by virtue of the provisions of Workmen's Compensation Act,
1923, or other Acts, the Owner is obliged to pay Compensation to a Workman employed by the Contractor in execution of the works, the Owner will recover from the Contractor the amount of compensation so paid and without prejudice to the rights of Owner under the said Act. Owner shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due to the Contractor whether under this contract or otherwise. The Owner shall not be bound to contest any claim made under Section 12 sub section (1) of the said Act, except on the written request of the Contractor and upon his giving to the Owner full security for all costs for which the owner might become liable in consequence of contesting such claim.
8.a. ACTION AND COMPENSATION IN CASE OF BAD WORK
If it shall appear to the Engineer-in-Charge/Site-in-Charge that any work has been executed with bad, imperfect or unskilled workmanship, or with materials, or that any materials or articles provided by the Contractor for execution of the work are not of standards specified/inferior quality to that contracted for, or otherwise not in accordance with the contract, the CONTRACTOR shall on demand in writing from the Engineer-in-
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Charge/Site-in-Charge or his authorised representative specifying the work, materials or articles complained of, notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct the work so specified and at his own charge and cost and expenses and in the event of failure to do so within a period of 15 days of such intimation/ information/knowledge, the Contractor shall be liable to pay compensation equivalent to the cost of reconstruction by the Owner. On expiry of 15 days period mentioned above, the Owner may by themselves or otherwise rectify or remove and re-execute the work or remove and replace with others, the materials or articles complained of as the case may be at the risk and expenses in all respects of the Contractor. The decision of the Engineer- in- Charge/ Site-in-Charge as to any question arising under this clause shall be final and conclusive and shall not be raised as a dispute or shall be arbitrable.
8.b. INSPECTION AND AUDIT OF CONTRACT AND WORKS
This project is subject to inspection by various Government agencies of Government of India. The contractor shall extend full cooperation to all the Government and other agencies in the inspection of the works, audit of the Contract and the documents of Contract Bills, measurements sheets etc. etc. and examination of the records of works and make enquiries interrogation as they may deem fit, proper and necessary. Upon inspection etc. by such agencies if it is pointed out that the contract work has not been carried out according to the prescribed terms and conditions as laid down in the tender documents and if any recoveries are recommended, the same shall be recovered from the contractors running bills/final bill/from ordered/suggested Security Deposit/retention money. The Contractor shall not rise any dispute on any such account and the same shall not be arbitrable.
9. CONTRACTOR TO INDEMNIFY THE OWNER
The Contractor shall indemnify the Owner and every member, officer and employee of the Owner, also the Engineer-in-Charge/Site-in-Charge and his staff against all the actions, proceedings, claims, demands, costs, expenses, whatsoever arising out of or in connection with the works and all actions, proceedings, claims, demands, costs, expenses which may be made against the Owner for or in respect of or arising out of any failure by the Contractor in the performance of his obligations under the contract. The Contractor shall be liable for or in respect of or in consequence of any accident or injury to any workmen or other person in the employment of the Contractor or his sub contractor and Contractor shall indemnify and keep indemnified the Owner against all such damages, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto.
10. Price reduction
i) In case of any delay in completion of the work beyond the CDD, the Owner
shall be entitled to be paid Price Reduction by the Contractor. The price reduction shall be initially at the rate of 0.5% (half percent) of the total contract value for every week of the delay subject to a maximum of 5% of the total contract value. The price reduction shall be recovered by the Owner out of the amounts payable to the Contractor or from any Bank Guarantees or Deposits furnished by the Contractor or the Retention Money retained from the Bills of the Contractor, either under this contract or any other contract.
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ii) The Contractor shall be entitled to give an acceptable unconditional Bank
Guarantee in lieu of such a deduction if Contractor desires any decision
on a request for time extension.
iii) Once a final decision is taken on the request of the Contractor or otherwise, the price reduction shall be applicable only on the basic cost of the contract and on each full completed week(s) of delay (and for part of the week, a pro-rata price reduction amount shall be applicable).
iv) This final calculation of price reduction shall be only on the value of the unexecuted portion/quantity of work as on the CDD.
v) Contractor agrees with the Owner, that the above represents a genuine pre-
estimate of the damages which the Owner will suffer on account of delay in the performance of the work by Contractor. The Contractor further agrees that the price reduction amount is over and above any right which owner has to risk purchase under Clause 12.4 and any right to get the defects in the work rectified at the cost of the contractor.
11. DEFECTS AFTER TAKING OVER OR TERMINATION OF WORK CONTRACT BY
OWNER
The Contractor shall remain responsible and liable to make good all losses or damages that may occur/appear to the work carried out under this Contract within a period of 12 months from date of issue of the Completion Certificate and/or the date of Owner taking over the work, whichever is earlier. The Contractor shall issue a Bank Guarantee to the Owner in the sum of 10% of the work entrusted in the Contract, from any Scheduled Bank (other than a Co-Operative Bank) acceptable to the Owner and if however, the Contractor fails to furnish such a Bank Guarantee the Owner shall have right to retain the Security Deposit and Retention Money to cover the 10% of the Guarantee amount under this clause and to return/refund the same after the expiry of the period of 12 months without any interest thereon. (Please refer to clause 4. Deposits)
12. TERMINATION OF CONTRACT
12.1 The owner may terminate the contract at any stage of the construction for reasons to
be recorded in the letter of termination.
12.2 The Owner inter alia may terminate the Contract for any or all of the following reasons that the contractor
a) has abandoned the work/Contract.
b) has failed to commence the works, or has without any lawful excuse under these
conditions suspended the work for 15 consecutive days.
c) has failed to remove materials from the site or to pull down and replace the work within 15 days after receiving from the Engineer written notice that the said materials or work were condemned and/or rejected by the Engineer under specified conditions.
d) has neglected or failed to observe and perform all or any of the terms acts, matters
or things under this Contract to be observed and performed by the Contractor.
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e) has to the detriment of good workmanship or in defiance of the Engineer's instructions
to the contrary sub-let any part of the Contract.
f) has acted in any manner to the detrimental interest, reputation, dignity, name or prestige of the Owner.
g) has stopped attending to work without any prior notice and prior permission for a
period of 15 days.
h) has become untraceable.
i) has without authority acted in violation of the terms and conditions of this contract and has committed breach of terms of the contract in best judgement of the owner.
j) has been declared insolvent/bankrupt.
k) in the event of sudden death of the Contractor.
12.3 The owner on termination of such contract shall have the right to appropriate the
Security Deposit, Retention Money and invoke the Bank Guarantee furnished by the contractor and to appropriate the same towards the amounts due and payable by the contractor as per the conditions of Contract and return to the contractor excess money, if any, left over.
12.4 In case of Termination of the contract, Owner shall have the right to carry out the
unexecuted portion of the work either by themselves or through any other contractor(s) at the risk and cost of the Contractor. In view of paucity of time, Owner shall have the right to place such unexecuted portion of the work on any nominated contractor(s). However, the overall liability of the Contractor shall be restricted to 100 % of the total contract value.
12.5 The contractor within or at the time fixed by the Owner shall depute his authorised
representative for taking joint final measurements of the works executed thus far and submit the final bill for the work as per joint final measurement within 15 days of the date of joint final measurement. If the contractor fails to depute their representative for joint measurement, the owner shall take the measurement with their Engineer-in- Charge/Site-in-Charge or any other outside representatives. Such a measurement shall not be questioned by the Contractor and no dispute can be raised by the Contractor for purpose of Arbitration.
12.6 The Owner may enter upon and take possession of the works and all plant, tools,
scaffoldings, sheds, machinery, power operated tools and steel, cement and other materials of the Contract at the site or around the site and use or employ the same for completion of the work or employ any other contractor or other person or persons to complete the works. The Contractor shall not in any way object or interrupt or do any act, matter or thing to prevent or hinder such actions, other Contractor or other persons employed for completing and finishing or using the materials and plant for the works. When the works shall be completed or as soon thereafter the Engineer shall give a notice in writing to the Contractor to remove surplus materials and plant, if any, and belonging to the Contractor except as provided elsewhere in the Contract and should the Contractor fail to do so within a period of 15 days after receipt thereof the Owner may sell the same by public auction and shall
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give credit to the contractor for the amount realised. The Owner shall thereafter ascertain and certify in writing under his hand what (if anything) shall be due or payable to or by the Owner for the value of the plant and materials so taken possession and the expense or loss which the Owner shall have been put to in procuring the works, to be so completed, and the amount if any, owing to the Contractor and the amount which shall be so certified shall thereupon be paid by the Owner to the Contractor or by the Contractor to the Owner, as the case may, and the Certificate of the Owner shall be final and conclusive between the parties.
12.7 When the contract is terminated by the Owner for all or any of the reasons mentioned
above the Contractor shall not have any right to claim compensation on account of such termination.
13. FORCE MAJEURE
13.1. Any delay in or failure of the performance of either part hereto shall not constitute
default hereunder or give rise to any claims for damage, if any, to the extent such delays or failure of performance is caused by occurrences such as Acts of God or an enemy, expropriation or confiscation of facilities by Government authorities, acts of war, rebellion, sabotage or fires, floods, explosions, riots, or strikes. The Contractor shall keep records of the circumstances referred to above and bring these to the notice of the Engineer-in-Charge/Site-in-Charge in writing immediately on such occurrences. The amount of time, if any, lost on any of these counts shall not be counted for the Contract period. Once decision of the Owner arrived at after consultation with the Contractor, shall be final and binding. Such a determined period of time be extended by the Owner to enable the Contractor to complete the job within such extended period of time.
13.2. If Contractor is prevented or delayed from the performing any of its obligations
under this Agreement by Force Majeure, then Contractor shall notify Owner the circumstances constituting the Force Majeure and the obligations performance of which is thereby delayed or prevented, within seven days of the occurrence of the events.
14. ARBITRATION
14.1 All disputes and differences of whatsoever nature, whether existing or which shall at any
time arise between the parties hereto touching or concerning the agreement, meaning, operation or effect thereof or to the rights and liabilities of the parties or arising out of or in relation thereto whether during or after completion of the contract or whether before after determination, foreclosure, termination or breach of the agreement (other than those in respect of which the decision of any person is, by the contract, expressed to be final and binding) shall, after written notice by either party to the agreement to the other of them and to the Appointing Authority hereinafter mentioned, be referred for adjudication to the Sole Arbitrator to be appointed as hereinafter provided.
14.2 The appointing authority shall either himself act as the Sole Arbitrator or nominate
some officer/retired officer of Hindustan Petroleum Corporation Limited (referred to as owner or HPCL) or a retired officer of any other Government Company in the Oil Sector of the rank of Ch. Manager & above or any retired officer of the Central Government not below the rank of a Director, to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties. The contractor/vendor shall not be entitled to raise any objection to the appointment of such person as
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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.
14.3 In the event of the Arbitrator to whom the matter is referred to, does not accept the
appointment, or is unable or unwilling to act or resigns or vacates his office for any reasons whatsoever, the Appointing Authority aforesaid, shall nominate another person as aforesaid, to act as the Sole Arbitrator.
14.4 Such another person nominated as the Sole Arbitrator shall be entitled to proceed
with the arbitration from the stage at which it was left by his predecessor. It is expressly agreed between the parties that no person other than the Appointing Authority or a person nominated by the Appointing Authority as aforesaid, shall act as an Arbitrator. The failure on the part of the Appointing Authority to make an appointment on time shall only give rise to a right to a Contractor to get such an appointment made and not to have any other person appointed as the Sole Arbitrator.
14.5 The Award of the Sole Arbitrator shall be final and binding on the parties to the
Agreement.
14.6 The work under the Contract shall, however, continue during the Arbitration proceedings and no payment due or payable to the concerned party shall be withheld (except to the extent disputed) on account of initiation, commencement or pendency of such proceedings.
14.7 The Arbitrator may give a composite or separate Award(s) in respect of each dispute or
difference referred to him and may also make interim award(s) if necessary.
14.8 The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the
parties unless the Sole Arbitrator otherwise directs in his award with reasons. The lumpsum fees of the Arbitrator shall be ₹ 40,000/- per case for transportation
contracts and ₹ 60,000/- for engineering contracts and if the sole Arbitrator
completes the arbitration including his award within 5 months of accepting his
appointment, he shall be paid ₹ 10,000/- additionally as bonus. Reasonable actual
expenses for stenographer, etc. will be reimbursed. Fees shall be paid stage wise
i.e. 25% on acceptance, 25% on completion of pleadings/documentation, 25% on
completion of arguments and balance on receipt of award by the parties
14.9 Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or
any statutory modification or re-enactment thereof and the rules made thereunder, shall apply to the Arbitration proceedings under this Clause.
14.10 The Contract shall be governed by and constructed according to the laws in force in
India. The parties hereby submit to the exclusive jurisdiction of the Courts situated at “location given in tender header” (say Mumbai*) for all purposes. The Arbitration shall be held at “location mentioned for such purpose in Tender header” (say Mumbai*) and conducted in English language.
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14.11 The Appointing Authority is the Functional Director of Hindustan Petroleum Corporation Limited.
(Note:- * = While printing the GTCs, each Procurement Authorities at various location, may mention the correct place before printing the GTC and not leave Clause 14.10 blank or as stated above. Bracketed portion is to be removed.
15. GENERAL
15.1. Materials required for the works whether brought by the or supplied by the
Owner shall be stored by the contractor only at places approved by Engineer-in- Charge/Site-in-Charge. Storage and safe custody of the material shall be the responsibility of the Contractor.
15.2. Owner and/or Engineer-in-Charge/Site-in-Charge connected with the contract, shall be entitled at any time to inspect and examine any materials intended to be used in or on the works, either on the site or at factory or workshop or at other place(s) manufactured or at any places where these are laying or from which these are being obtained and the contractor shall give facilities as may be required for such inspection and examination.
15.3. In case of any class of work for which there is no such specification supplied by the owner as is mentioned in the tender documents, such work shall be carried out in accordance with Indian Standard Specifications and if the Indian Standard Specifications do not cover the same the work should be carried out as per standard Engineering practice subject to the approval of the Engineer-in-Charge/Site-in- Charge.
15.4. Should the work be suspended by reason of rain, strike, lockouts or other cause the contractor shall take all precautions necessary for the protection of the work
and at his own expense shall make good any damages arising from any of these causes.
15.5 The contractor shall cover up and protect from injury from any cause all new work also for supplying all temporary doors, protection to windows and any other requisite protection for the whole of the works executed whether by himself or special tradesmen or sub- contractors and any damage caused must be made good by the contractors at his own expense.
15.6 If the contractor has quoted the items under the deemed exports, then it will be the responsibility of the contractor to get all the benefits under deemed exports from the Government. The Owner’s responsibility shall only be limited to the issuance of required certificates. The quotation will be unconditional and phrases like “subject to availability of deemed exports benefit” etc. will not find place in it.
16. Integrity Pact: Effective 1st September, 2007, all tenders and contracts shall comply
with the requirements of the Integrity Pact (IP) if the value of such tenders or
contracts is ₹ 1 crore & above. Failure to sign the Integrity Pact shall lead to outright
rejection of bid. # 17. Grievances of parties participating or intend to participate i n the tender shall
be addressed in writing to the officer designate of the Grievance Redressal Cell where the tenders have to be submitted within the stipulated period. Detailed mechanism of Grievance Redressal is available on the HPCL website.
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Chapter – 4 b
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INDEX
1. PRELIMINARY 2. DEFINITION 3. REFERENCE FOR DOCUMENTATION 4. CONFIRMATION OF ORDER 5. SALES CONDITIONS 6. COMPLETE AGREEMENT 7. INSPECTION-CHECKING-TESTING 8. OFFICIAL INSTITUTIONAL TESTING 9. WEIGHTS AND MEASUREMENTS 10. DESPATCH INSTRUCTIONS 11. OILS & LUBRICANTS 12. SPARE PARTS 13. PACKING AND MARKING 14. SHIPMENT AND SHIPMENT NOTICES 15. CONTROL REGULATIONS 16. TRANSIT RISK 17. RESPECT FOR DELIVERY DATES 18. DELAYED DELIVERY 19. DELAYS DUE TO FORCE MAJEURE 20. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT 21. TRANSFER OF PROPERTY FROM THE VENDOR TO THE CORPORATION 22. PRICE 23. TAXES & DUTIES 24. CUSTOMS DUTY (CD) VARIATION 25. FOREIGN EXCHANGE (FE) VARIATION 26. TERMS OF PAYMENT 27. RECOVERY OF SUMS DUE 28. CHANGES 29. CANCELLATION / RISK PURCHASE CLAUSE 30. PATENTS AND ROYALTIES 31. PERFORMANCE GUARANTEE 32. NONWAIVER 33. NON ASSIGNMENT 34. PART ORDER/ SPLIT ORDER / REPEAT ORDER 35. VENDOR’S DRAWINGS AND DATA REQUIREMENT 36. TECHNICAL INFORMATION 37. SERVICES OF VENDOR’S PERSONNEL 38. VENDOR’S LIABILITY 39. CORPORATION’S MATERIAL 40. GUARANTEE FOR SPARE PARTS 41. ARBITRATION 42. JURISDICTION 43. VALIDITY OF OFFER 44. INTEGRITY PACT 45. ORDER OF PRECEDENCE 46. GENERAL
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GENERAL TERMS & CONDITIONS FOR SUPPLY
1. PRELIMINARY
1.1 This is a Contract for execution of job as defined in tender document at the
specified location
1.2 The tenderer for the abovementioned supply is the company/ proprietary concern/ individual (as per details & address mentioned in the unpriced bid) and undersigned (digitally) is authorized to submit the bid on behalf of tenderer.
1.3 The terms and conditions mentioned hereunder are the terms and conditions
of the Contract for the execution of the job mentioned under item 1.1 above.
1.4 It is the clear understanding between Hindustan Petroleum Corporation Limited and the tenderer that in case the bid of tenderer is accepted by Hindustan Petroleum Corporation Limited and an intimation to that effect is so issued and also a Procurement Order is on the tenderer this document shall form part of the Contract between the parties and terms and conditions hereunder would govern the parties interest.
1.5 Interpretation of Contract Documents: All documents forming part of the
Contract are to be taken mutually explanatory. Should there be any discrepancy, inconsistency, error or omission in the contract, the decision of the Owner/Engineer-in-Charge/Site-in-Charge shall be the final and the contractor shall abide by the decision. The decision shall not be arbitrable. Items shown upon the drawings but not mentioned in the specification or described in the specifications without being shown on the drawings shall nevertheless be deemed to be included in the same manner as if they are shown in the drawings and described in the specifications.
1.6 Special conditions of Purchase : The special conditions of Purchase, if
any provided and whenever and wherever referred to shall be read in conjunction with General Terms and Conditions of contract for Supply, specifications, drawings, and any other documents forming part of this contract wherever the context so requires. Notwithstanding the subdivision of the documents into separate sections, parts volumes, every section, part or volume shall be deemed to be supplementary or complementary to each other and shall be read in whole. In case of any misunderstanding arising the same shall be referred to decision of the Owner/ Engineer-in-Charge/Site-in-Charge and their decision shall be final and binding and the decision shall not be arbitrable.
It is the clear understanding that wherever it is mentioned that the Contractor
shall do/perform a job and/or provide facilities for the performance of the job, the
doing or the performance or the providing of the facilities is at the cost and expenses of
the Contractor not liable to be paid or reimbursed by the Owner.
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2. DEFINITIONS
a. The following expressions used in the Purchase Order shall have meaning as indicated against each of these:
b. The CORPORATION / OWNER means HINDUSTAN PETROLEUM
CORPORATION LIMITED, a company incorporated in India having its registered office at 17, Jamshedji Tata Road, Mumbai- 400 020 and shall include its successors and assignees.
Owner’s CONSULTANT means WorleyParsons India Pvt Limited, having registered office at 5th Floor, B Wing, Lodha “I Think” Techno campus, off Pokhran road no.2, Thane (W) Maharashtra 400 607
c. “Goods / Materials”: Goods and/or Materials shall mean any of the articles,
materials, machinery, equipments, supplies, drawings, data and other property and all services including but not limited to design, delivery, installation, inspection, testing and commissioning specified to complete the order.
d. “Vendor / Seller / Supplier”: Vendor / Seller / Supplier shall mean the person, firm
or corporation to whom this Purchase Order is issued.
e. “Contractual Delivery Date”: Contractual Delivery date is the date on which goods shall be delivered F.O.R/F.O.T. Despatching Point/ Destination in accordance with the terms of the Purchase Order. This contractual delivery date / period is inclusive of all the lead time for engineering, procurement of raw materials, manufacturing, inspection, testing, packing and any other activity whatsoever required to be accomplished for affecting the delivery at the agreed delivery point.
f. “Inspectors”: Inspectors deputed by
Corporation. g. ‘Total Order Value’ means:-
i. For Material Supply Contract: - The basic cost excluding taxes, duties, levies, freight etc. unless and until specifically mentioned in the purchase order.
ii. For Lump sum / Turnkey contract: - The total cost & all other cost inclusive of taxes, duties, levies, freight etc.
h. ‘Total Order Value’ shall be considered for the purpose of calculation of:
1. Price reduction on account of delay 2. Performance bank Guarantee Amount 3. Payment of advance, if any to be made.
i. Note: - The total order for levy of Price Reduction on account of delay shall include
all types of escalation (including on account of Foreign Exchange Variation) agreed to in terms of Purchase Order.
3. REFERENCE FOR DOCUMENTATION
Purchase Order number must appear on order confirmation, correspondence, drawings, invoices, shipping notes, packings and on any documents or papers connected with the order.
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4. CONFIRMATION OF ORDER
The Vendor shall acknowledge the receipt of the Purchase Order within ten days following the mailing of this order and shall thereby confirm his acceptance of this Purchase Order in
its entirety without exceptions. The acknowledgment will bear on both purchase order and General Procurement Conditions.
5. SALES CONDITIONS
With Vendor’s acceptance of provisions of this Purchase Order, he waives and considers as cancelled any of his general sales conditions.
6. COMPLETE AGREEMENT
The terms and conditions of this Purchase Order shall constitute the entire agreement between the parties hereto. Changes will be binding only if the amendments are made in writing and signed by an authorized representative of the Corporation and the Vendor.
7. INSPECTION-CHECKING-TESTING
a. The equipment, materials and workmanship covered by the Purchase Order shall be subject to inspection and testing at any time prior to shipment and or despatch and to final inspection within a reasonable time after arrival at the place of delivery. Inspectors shall have the right to carry out the inspection and testing which will include the raw materials at manufacturer’s shop, at fabricator’s shop and at the time of actual despatch before and after completion of packing.
b. All tests, mechanical and others and particularly those required by codes will be performed at the Vendor’s expenses and in accordance with Inspector’s instructions. The Vendor will also bear the expenses concerning preparation and rendering of tests required by Boiler Inspectorate or such other statutory testing agencies or by any other reputed inspection agencies as may be nominated by the Corporation.
c. Before shipping or despatch, the equipment and or materials will have to be checked and stamped by inspectors who are authorized also to forbid the use and despatch of any equipment and/or materials which during tests and inspection fail to comply with the specifications, codes and testing requirements.
d. The vendor shall inform the Corporation at least eight days in advance of the exact place, date and time of rendering the equipment or materials for required inspection.
e. The vendor shall provide free access to inspectors during normal working hours at Vendor’s or his/its sub-Vendor’s works and place at their disposal all useful means of performing, checking, marking, testing, inspection and final stamping.
f. Even if the inspections and tests are fully carried out, Vendor would not be absolved to any degree from his responsibilities to ensure that all equipments and materials supplied comply strictly with requirements as per agreement both during construction, at the time of delivery, inspection, on arrival at site and after its erection or start-up and guarantee period as stipulated in clause 30 hereof.
g. The Vendor’s responsibility will not be lessened to any degree due to any comments made by the Corporation and Inspectors on the Vendor’s drawings or by Inspectors witnessing any chemical or physical tests.
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h. In any case, the equipment and materials must be in strict accordance with the Purchase order and/or its attachments failing which the Corporation shall have the right to reject the goods and hold the Vendor liable for non-performance of contract.
8. OFFICIAL INSTITUTIONAL TESTING
a. In addition to testing and inspection by Inspectors mentioned above, nominated
agencies or similar institutional agencies like Boiler Inspectorate may be assigned for official testing of all coded equipment. The Vendor shall ensure that all Procedures for preparation and Performance of tests prescribed by such Institutions shall be completed scrupulously.
b. The Vendor is required to send to such Institutions as may be designated by the
Corporation at least three sets of construction drawings for each equipment and calculations. All manufacturer’s mill’s tests certificates and analytical reports from material laboratories in respect of all raw materials and components employed shall have to be presented to such institution’s Inspectors in the number of copies required. Vendor shall be responsible for any delay in submission of necessary certificates. The Vendor shall maintain close liaison with the Corporation and Institution’s Inspectors to maintain schedule and delay, if any in this process will not be taken into consideration as a cause of Force Majeure.
9. WEIGHTS AND MEASUREMENTS
a. All weights and measurements recorded by the Corporation on receipt of goods at site will be treated as final.
b. Vendor’s shipping documents and invoices must contain the following data:
i. Unit net weight
ii. Unit gross weight (packing included)
iii. Dimensions of packing.
10. DESPATCH INSTRUCTIONS
a. Unless otherwise specifically advised in writing, goods shall not be despatched without prior inspection, testing and Release Order / Materials Acceptance Certificates issued by Inspectors.
b. In case despatch by rail is specified in the Purchase Order, vendor shall exercise due care and ensure that the consignment shall be booked under appropriate railway classification, failing which, any additional freight incurred by Corporation due to Vendor’s booking the material under a wrong classification shall be to Vendor’s account.
c. The goods shall be consigned in the name of consignee as applicable.
d. Corporation’s warehouse is open to receive stores between 9.00 A.M and 3 P.M on all working days. No goods will be accepted after 3.00 P.M.
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e. Corporation reserves the right to advise any change in despatching point / destination and / or mode of transport, as may be required. Any extra expenditure on this account supported by documentary evidence will be reimbursed by the Corporation.
11. OILS & LUBRICANTS
The first filling of oils and lubricants, if any, required for every equipment shall be included in the price and appropriate products manufactured by the Corporation (HPCL) shall be used. The Vendor shall also recommend the quality / quantity of oils and lubricants required for one-year continuous operation.
12. SPARE PARTS
a. The Vendor must furnish itemised price list of spare parts indicating quantity, unit rate & total rate required for two years operation of the main equipment and prime movers also, if mentioned in the tender.
b. The Vendor shall provide the necessary cross sectional drawing to identify the spare parts numbers and their location as well as inter-changeability chart.
13. PACKING AND MARKING
a. The Materials shall be suitably packed for safe transportation till receipt at site and should be commensurate with best possible practices of packing, unless specifically stipulated in the Technical specifications, to avoid any damage during transit.
b. All fragile and exposed parts shall be packed carefully and the package shall bear the words ‘HANDLE WITH CARE’, ‘THIS SIDE UP’ and ‘FRAGILE’.
c.All holes and openings and also other delicate surfaces shall be carefully protected against bad weather. All threaded fittings shall be greased and provided with plastic caps. All small pieces shall be packed in cases.
d. The Supplier shall be liable for all damages or breakage to the Materials due to defective or insufficient packing as well as for corrosion due to insufficient protection.
e. Detailed packing list in waterproof envelope shall be kept in each package together with material and one copy of packing list shall be fastened outside the box in waterproof envelope.
f. Each package shall be marked in bold letters on the external three surface of the package as follows:
i. From: Address of Supplier / Sub-supplier.
ii. For: Hindustan Petroleum Corporation Ltd. (location)
iii. Item:
iv. Package No. : of total packages
v. Dimensions: (Dimensions of each package)
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vi. Weight: (Weight of each package)
vii. Special Instruction for storage, if any.
viii. Special unloading arrangements, if required, shall be clearly mentioned in the
Packing List.
ix. All packages containing the following items shall be packed separately as ordered and shall have additional clear marking for identification.
1. Mandatory Spares. 2. Commissioning Spares.
14. SHIPMENT AND SHIPMENT NOTICES
a. The Vendor shall make shipment only after prior approval by Inspectors whenever specifically mentioned. In the event of the Vendor having been advised to hold
shipments(s) for any reason whatsoever the Vendor shall hold the materials in his / its warehouse for at least 30 days without any compensation; or without prejudice to any reduction in price already accrued on account of delay.
b. Within 24 hours of shipment, Vendor shall inform despatch particulars to Corporation & Consultant’s Project office & site office by fax / courier / email.
c. The Vendor shall carefully note the destination of materials.
d. The demurrage or other expenses incurred owing to any negligence, delay, default on the part of the Vendor will be to Vendor’s account.
15. CONTROL REGULATIONS
The supply, despatch and delivery of goods shall be arranged by the Vendor in strict conformity with the statutory regulations including provision of Industries (Development and Regulation) Act 1951 and any amendment thereof as applicable from time to time. The Corporation disowns any responsibility for any irregularity or contravention of any of the statutory regulations in manufacture or supply of the stores covered by this order.
16. TRANSIT RISK
Transit Risk insurance shall be covered by the Corporation. The Vendor shall advise the despatch particulars to Corporation immediately after shipment.
17. RESPECT FOR DELIVERY DATES.
Time of delivery as mentioned in the Purchase Order shall be the essence of the contract and no variation shall be permitted except with prior authorization in writing from the Corporation. Goods should be delivered securely packed and in good order and condition at the place and within the time specified in the Purchase Order for their delivery.
18. PRICE REDUCTION FOR DELAYED DELIVERY
In case of delayed delivery, prices will be reduced @1/2% of the total basic order value for every week of delay or part thereof subject to a maximum of @5% of the total basic order value.
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NOTE :
a. Price Reduction shall be applicable only on the basic cost and on Full complete week (s) and for fractional days Price reduction shall be applicable on pro-rata, if any.
b. Initially Price Reduction shall be applicable for total basic order value and
final Price Reduction settlement to be on undelivered portion in the contractual delivery period.
19. DELAYS DUE TO FORCE MAJEURE
a. Any delay in or failure of the performance of either part hereto shall not constitute default hereunder or give rise to any claims for damage, if any, to the extent such delays or failure of performance is caused by occurrences such as Acts of God or an enemy, expropriation or confiscation of facilities by Government authorities, acts of war, rebellion, sabotage or fires, floods, explosions, riots, or strikes. The Contractor shall keep records of the circumstances referred to above and bring these to the notice of the Engineer-in-Charge/Site-in-Charge in writing immediately on such occurrences. The amount of time, if any, lost on any of these counts shall not be counted for the Contract
period. Once decision of the Owner arrived at after consultation with the Contractor, shall be final and binding. Such a determined period of time be extended by the Owner to enable the Contractor to complete the job within such extended period of time.
b. If Contractor is prevented or delayed from the performing any of its obligations under this Agreement by Force Majeure, then Contractor shall notify Owner the circumstances constituting the Force Majeure and the obligations performance of which is thereby delayed or prevented, within seven days of the occurrence of the events.
20. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT
a. In case the testing and inspection at any stage by Inspectors reveal the equipment, material and workmanship do not comply with specification and requirements, the same shall be removed by the Vendor at their / its own expense and risk within the time allowed by the Corporation. The Corporation shall be at liberty to dispose of such rejected goods in such manner as they may think appropriate. In the event the Vendor fails to remove the rejected goods within the period as aforesaid, all expenses incurred by the Corporation for such disposal shall be to the account of the Vendor. The freight paid by the Corporation, if any, on the inward journey of the rejected materials shall be reimbursed by the Vendor to the Corporation before the rejected materials are removed by the Vendor.
b. The Vendor will have to proceed with the replacement of that equipment or part of equipment without claiming any extra payment if so required by the Corporation. The time taken for replacement in such event will not be added to the contractual delivery period.
21. TRANSFER OF PROPERTY FROM THE VENDOR TO THE CORPORATION
a. The transfer of property shall be deemed to have taken place as follows subject to the provisions herein contained:
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i. Exworks: when the vendor places the goods at the disposal of the buyer at the vendor’s premises or another named place (i.e. works, factory, warehouse, etc.)
ii. F.O.R. or F.O.T despatch point: On handing over the equipment to the carrier against receipt and such receipt having been passed over to the Corporation.
iii. FOT / FOR destination station: On taking delivery from the transporters/railways at the destination station.
iv. Equipment sent freight carriage paid to the project Site: On arrival under lifting hook
at the job site. v. Equipment erected by the Vendor: On temporary acceptance at job site. vi. Equipment commissioned by the Vendor: On taking over by the Corporation for
regular operation after test runs at maximum capacity for specified period satisfactorily performed.
22. PRICE
a. Unless otherwise agreed to in the terms of the Purchase Order, the price shall be firm and not subject to escalation for any reason whatsoever till the execution of entire order, even though it might be necessary for the order execution to take longer than the delivery period specified in the order.
b. Exclusive of Central / State sales Tax, Excise Duty and / or such taxes & duties, which are leviable by law on sale of finished goods to Corporation and/or entry tax ,if any,
leviable at destination state. The nature and extent of such levies shall be shown separately.
23. TAXES & DUTIES:
a. Excise Duty, Central Sales Tax, VAT, Service Tax as applicable shall be reimbursed for the materials consigned to Corporation as per limits indicated in the offer against documentary evidence to be furnished by the Supplier. Corporation shall pay only those taxes, duties and levies as indicated by Supplier at the time of bid submission/as agreed subsequently (prior to opening of priced bids). Taxes / Duties and/or Levies not indicated by supplier in Bid, but payable, shall be to Supplier’s account. In case of any increase applicable in Excise Duty, Central Sales Tax, VAT, Service Tax, Octroi indicated with reference to limits mentioned in the offer / bid or new taxes / duties / levies imposed by the Indian Government through Gazette notification after the date of submission of last Price bid but prior to Contractual Delivery Date, the Corporation shall reimburse the increase in taxes & duties on satisfactory supporting documents.
b. Corporation will issue C-Form on all inter-state sales of materials by supplier to
Corporation to enable supplier to avail concessional rate of Sales Tax on such sales.
c. Supplier shall be responsible for availing all applicable concessions in taxes, duties, levies etc. as per terms of Purchase Order. Any loss, direct or implied, accrued to Corporation on account of supplier’s failure to avail concessions shall be borne by Supplier.
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d. Supplier shall indicate the Cenvatable Service Tax applicable on the services provided by them if any and the same shall be governed by GCC.
24. CUSTOMS DUTY (CD) VARIATION
a. The prices mentioned in offer are subject to Customs Duty (CD) variation. In case of any increase in rates of Customs Duty, Countervailing Duty, Special Additional Duty by the Indian Government through Gazette notification after the submission of last priced offer but within the time schedule for import of materials, as mentioned. Corporation shall reimburse the increase in taxes & duties at actuals against satisfactory supporting documents.
b. All downward variations in the rates of all such duties shall be to Corporation’s account and same shall be calculated on actual CIF value of imported materials subject to the limit mentioned. Supplier shall submit all relevant documents to Corporation for the proof of duty paid by them within one month from the date of Bill of Entry (BOE).
c. Custom Duty variation shall be paid by Corporation up to the limit of maximum CIF value of imported components as indicated in the offer.
d. Rate of Custom Duty along with tariff number considered by Supplier in the prices shall be indicated in the offer.
25. FOREIGN EXCHANGE (FE) VARIATION
a. The CIF value in Indian Rupees / Foreign Currency to be declared should cover the currencies of the countries from which import of materials / components are envisaged to administer foreign currency variation.
b. The FE variation will be paid for if imports are made at the listed currency subject to
ceiling limit.
c. The list of foreign currency, country of origin, ceiling of foreign value of import envisaged against each item of materials / components for import and rate of conversion into Rupees envisaged to be furnished in the tender. The period within which import shall be made after placement of LOI (i.e. Contractual Completion date of imports, herein after called CDD) shall also be indicated in the offer.
d. For reimbursement of foreign exchange variation, documentary evidence like bank certificates of remittance showing the date of payment and rate of foreign currency to Indian rupees to be furnished along with a copy of bills of entry duty attested by Customs department. All downward variations in conversion rate will be to Corporation’s account.
e. Variation will be paid only if imports are made within the period as specified in offer for import. For imports made beyond that period, foreign currency variation will be paid based on the conversion rates prevailing on the last date of period of agreed to for imports. The last date for imports agreed will be the import landing date in India envisaged by Bill of Entry.
f. Bidder shall indicate the maximum CIF component along with currency of import. In case supplier imports less than the CIF value indicated in the bid, Duty. FE variation etc. shall be reimbursed only for the actual import carried out.
g. Foreign exchange variation, if any, downward or upward, will be paid only if imports
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are made within the agreed completion period.
h. For the purpose of Foreign Exchange variation reimbursement, State Bank of India (SBI) selling rate applicable on the bill of entry date or SBI selling rate on Bank remittance date or actual remittance rate, whichever is lower shall be considered. The following clause also to be considered.
i. The BOE date may fall within Contractual Completion Date or beyond, it has already been stipulated as above conditions that no reimbursement for FE / CD variation will be paid if the actual import is beyond Contractual completion date. In such a case, the variation reimbursement will be restricted to the difference between the rate quoted in the tender and the lower of the following:
i. The actual remittance rate.
ii. SBI Bill selling rate on the date of CDD.
26. TERMS OF PAYMENT
a. The following payment terms shall be applicable:
i. 75% of the bill amount duly recommended by user on receipt of materials / docs. at
HPCL shall be paid within 7 days of receipt of bill.
ii. Balance 25% to be paid after verification/ certification within 15 days of receipt of bill. However, the final bill payment will not exceed 30 days.
b. HPCL has taken the initiative to expedite the payment to vendors through e-payment.
Hence confirm that you have filled the HPCL bank mandate for e-payment.
c. Payment against invoice shall be made on receipt of equipment/materials at site against submission of following documents along with your Bill/Invoice:-
i. Delivery Challan / Lorry Receipt. ii. Manufacturer’s Test Certificate
iii. Inspection/Clearance report iv. Manufacturer’s Guarantee Certificate v. Performance Bank Guarantee for 10% Basic Order Value vi. Any other document specified in the Purchase Order.
d. The financial settlement of Vendor’s invoice is liable to be withheld in the event
the Vendor has not complied with submission of drawing data and such documentation as called for in the Purchase Order and/or as required otherwise.
e. HPCL will furnish their approved format for bank guarantee/ indemnity bond for all the advance payments directly to vendor along with FOA/ PO, wherever applicable.
f. In case of delayed supplies, bills will be paid after recovering the amount as per price reduction clause of the P.O.
g. All bank guarantees shall be non revocable and from Scheduled / Nationalised Banks other than cooperative banks in India and as per HPCL’s proforma.
h. PBG shall be valid till expiry of guarantee period. All other Bank Guarantees shall
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be valid till contractual completion period, unless otherwise specified. All bank guarantees shall have a claim period of 1(one) month after expiry date of bank guarantee.
27. RECOVERY OF SUMS DUE
Whenever any claim against the Vendor for payment of a sum of money arises out of or under the contract, the Corporation shall be entitled to recover such sums from any sum then due or which at any time thereafter may become due from the Vendor under this or any other contract with the Corporation and should this sum be not sufficient to cover the recoverable amount, the Vendor shall pay to the Corporation on demand the balance remaining due.
28. CHANGES
The Corporation has the option at any time to make changes in quantities ordered or in specification and drawings. If such changes cause an increase or decrease in the price or in the time required for supply, an equitable adjustment under this provision must be finalised within 10 days from the date when change is ordered.
29. CANCELLATION / RISK PURCHASE CLAUSE:
a. The Corporation reserves the right to cancel this purchase order or any part thereof and shall be entitled to rescind the contract wholly or in part with a written notice to the vendor if:
i. The vendor fails to comply with the terms of this purchase order.
ii. The vendor fails to delivery the goods on time and / or replace the rejected goods promptly.
iii. The Vendor becomes bankrupt or goes into liquidation.
iv. The vendor makes a general assignment for the benefit of
creditors. v. A receiver is appointed for any of the property owned
by the vendor.
b. Upon receipt of the said cancellation notice, the vendor shall discontinue all work on the
Purchase Order and matters connected with it. The vendor is aware that the said goods are required by the Corporation for the ultimate purpose of materials production and that non delivery may cause loss of production and consequently loss of profit to the Corporation.
c. Therefore, in case of Termination of the contract, Corporation shall have the right to carry out the unexecuted portion of the supply/work either by themselves or through any other vendor(s)/contractor(s) at the risk and cost of the vendor/ contractor. In view of paucity of time, Corporation shall have the right to place such unexecuted portion of the supply/work on any nominated vendor(s)/contractor(s). However, the overall liability of the vendor/Contractor shall be restricted to 100% of the total contract value.
d. The provision of this clause shall not prejudice the right of the Corporation from invoking the provisions of clause “Delayed Delivery” as a fore said.
30. PATENTS AND ROYALTIES
On acceptance of this order, the Vendor will be deemed to have entirely
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indemnified the Corporation from any legal action or claims regarding compensation for breach of any patent rights.
31. PERFORMANCE GUARANTEE
a. The supplies made against this order shall be fully guaranteed against any manufacturing defects/poor workmanship/inferior quality etc. for a period of 12 months from the date of commissioning or 18 months from the date of supply whichever is earlier. During this period, you will arrange to repair/replace any defective parts free of cost or replace complete set if required. Guarantee Certificate should be submitted along with despatch documents. You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10% value of the material supplied and valid during the above guarantee period.
® b. Composite PBG valid upto a period of 3 months beyond the expiry of defect liability period. Demand Draft should be drawn on Scheduled Banks (other than cooperative banks).
Quantum of Performance Bank Guarantee inclusive of Security Deposit should be as follows: - All items (other than CVR items) : 10% of PO value - For CVR items: ₹ 10.0 lakhs or 5% of the order value whichever is
lower. Composite PBG of above value towards Performance Bank Guarantee inclusive of Security Deposit shall be accepted (in lieu of deduction of retention money of 10% from each bill); Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period. Demand Draft should be drawn on Scheduled Banks (other than cooperative banks).
32. NON WAIVER
Failure of the Corporation to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any right or remedies or by law or failure to properly notify Vendor in the event of breach, or the acceptance of, or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Corporation to insist upon the strict performance thereof or of any of his or their rights or remedies as to any such goods regardless of when goods are shipped, received or accepted nor shall any purported oral modification or revision of the order by the Corporation act as waiver of the terms hereof.
® REVISION: PROC-003/18-
08-2014
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33. NON ASSIGNMENT
The Purchase Order shall not be assigned to any other agency by the Vendor without obtaining prior written consent of Corporation.
34. PART ORDER/ SPLIT ORDER / REPEAT ORDER
Vendor hereby agrees to accept part orders, split order at Corporation’s option without any limitation whatsoever and also accept repeat order up to 100% of each item during a period of 12 months after placement of purchase order at the same unit prices, terms and conditions.
35. VENDOR’S DRAWINGS AND DATA REQUIREMENT
The Vendor shall submit drawings, data and documentation in accordance with but not limited to what is specified in the requisition and / or in Vendor drawings and data form attached to the Purchase Order as called for in clause 8, viz, ‘Expediting’ above. The types, quantities and time limits of submitting this must be respected in its entirety failing which the Purchase Order shall not be deemed to have been executed for all purposes including settlement of payment since the said submission is an integral part of Purchase Order execution.
36. TECHNICAL INFORMATION
a. Drawings, specifications & details shall be the property of the Corporation and shall be returned by the Vendor on demand. The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of the Corporation.
b. The Vendor shall not disclose the technical information furnished to or gained by the Vendor under or by virtue or as a result of the implementation of this Purchase Order to any person, firm or body or corporate authority and shall make all endeavours to ensure that the technical information is kept CONFIDENTIAL. The technical information imparted and supplied to the Vendor by the Corporation shall at all times remain the absolute Property of the Corporation.
37. SERVICES OF VENDOR’S PERSONNEL
Unless otherwise specified in the PO, services of vendor’s personnel shall be made within two weeks advance notice and the Vendor shall depute the necessary personnel to site for supervision of erection and start up of the equipment and train a few of the Corporation’s personnel for the operation and maintenance of the equipment if required, by the Corporation. The terms and conditions for the services of the Vendor shall be mutually settled.
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38. VENDOR’S LIABILITY
The Vendor’s workmen or employees shall under no circumstances be deemed to be in Corporation’s employment and the Vendor shall hold himself responsible for any claim or claims which they or their heirs, dependents, personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by this Purchase Order, whether arising on Corporation
premises or elsewhere and agrees to indemnify the Corporation against any such claim or claims if made against the Corporation and all cost (as between attorney and client) of proceedings, suits or action which the Corporation may incur/sustain in respect of the same. The Vendor shall also procure and keep in force at his own cost comprehensive Automobile Liability insurance for adequate coverage in respect of all his vehicles visiting or plying in project premises. The Vendor shall also be responsible for compliance of existing laws in respect of their workmen and employees. Extent of Liability shall be read in conjunction with clause no. 28 above.
39. CORPORATION’S MATERIAL
a. Corporation’s material shall be delivered to the Vendor against submission of Bank Guarantee for indemnifying the full value there of strictly in the manner and as per proforma of bank Guarantee approved by the Corporation.
b. Wherever possible the material shall be consigned to Vendor’s siding. In the event the Vendor does not have any siding, materials shall be consigned to the Public siding / goods depot to be specifically confirmed by Vendor Loading / Unloading and any handling from the siding / destination shall be arranged by the Vendor at his responsibility and cost.
c. The Vendor shall give a firm and binding list of Corporation issue materials and the desired schedule of its delivery to Shop floor strictly in accordance with the sequence of fabrication vis-à-vis the contract delivery period.
d. Unused material or scrap from material supplied by the Corporation to the Vendor shall be returned by the Vendor to the Corporation or if the Corporation so directs, the Vendor may dispose of the same by sale or otherwise on such terms and conditions as the Corporation may stipulate and the Vendor shall pay to the Corporation the sale proceeds of the material so disposed by sale deducting there from expenses incurred by the Vendor on such sale, the quantum of such deduction to be mutually agreed upon in advance between the Corporation and the Vendor.
40. GUARANTEE FOR SPARE PARTS:
a. The seller shall undertake that before going out of production of the spare parts he will give adequate advance notice to the Procurement so that the latter may order his requirements of spares in one lot if so desires .
b. The seller shall further guarantee that if he goes out of production of spare parts , then he will make available blue prints , drawings of spare parts and specification of materials at no extra cost to the Procurement , if and when required in connection with the equipment to enable the procurer to fabricate or procure spare parts from other source.
c. The provision of this clause shall remain effective and binding upon the seller even after the completion or expiry of the order and till the plant / machinery / equipment / instrument supplied under the order is in use by the procurer.
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41. ARBITRATION
a. 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.
b. 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 Corporation 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 Corporation, 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.
c. 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.
d. 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.
e. The Award of the Sole Arbitrator shall be final and binding on the parties to the
Agreement.
f. 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.
g. 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.
h. 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 ₹ 40,000/- per case for transportation
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contracts
and ₹ 60,000/- for engineering contracts and if the sole Arbitrator completes the arbitration including his award within 5 months of accepting his appointment, he shall be
paid ₹ 10,000/- additionally as bonus. Reasonable actual expenses for stenographer,
etc. will be reimbursed. Fees shall be paid stage wise i.e. 25% on acceptance, 25% on completion of pleadings/documentation, 25% on completion of arguments and balance on receipt of award by the parties.
i. 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.
j. 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 for all purposes. The Arbitration shall be held at Visakhapatnam and conducted in English language.
k. The Appointing Authority is the Functional Director* of Hindustan Petroleum
Corporation Limited.
l. Procurement Authorities may mention, if considered necessary, the proper designation such as Director-Refineries, etc.
42. JURISDICTION
The Vendor hereby agrees that the Courts situated in location given in tender header” shall have the jurisdiction to hear and determine all actions and proceedings arising out of this contract.
CLAUSE
a. Vendor needs to clarify whether you are registered with NSIC. If registered, vendor needs to submit the following documents along with their offer.
b. Photocopy of the NSIC Registration Certificate, which clearly shows the following details/ information:
i. Name of the Bidder
ii. Address of the Bidder
iii. Validity of the Registration
iv. Items for which the Bidder is registered v. Monetary Limit
and acknowledged copy of Entrepreneurs Memorandum Part II
c. Also vendor has to clarify whether you have secured Orders for same items, during the preceding 12 months, in competition with Large Scale Units, WITHOUT any Price Preference.
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d. In case vendor have secured Orders for same items, during the preceding 12 months, in competition with Large Scale Units, WITHOUT any Price Preference, then vendor has to furnish a Declaration on their Letter Head accordingly.
e. Please note that in the absence of the above information, offer will be evaluated without considering Price Preference.
1.0 Preference to MSEs
a. In case the bidder is a Micro or Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission 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 and Small Enterprises, the bidder shall be entitled for following:
i. Issue of Tender Documents to MSEs free of cost.
ii. Exemption to MSEs from payment of EMD.
iii. Micro and Small Enterprises quoting price within price brand of Ll+15% shall also be allowed to supply a portion of requirement by bringing down their prices to LI price in a situation where LI price is from someone other than a micro and small enterprises and such micro and small enterprises shall be allowed to supply upto
20% of the total tendered value. In case of more than one such Micro and Small Enterprises, the supply of 20% portion shall be shared amongst them. Further, out of above 20%, 4% (20% of 20%) shall be from MSEs owned by SC/ST entrepreneurs. This quota is to be transferred to other MSEs in case of non- availability of MSEs owned by SC/ST entrepreneurs.
b. The quoted prices against various items shall remain valid in case of splitting of quantities of the items as above.
c. MSE bidder shall submit the following:
i. Documentary evidence that the bidder is a Micro or Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission 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, Small and Medium Enterprises.
ii. If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard.
iii. The above documents submitted by the bidder shall be duly certified by the Statutory Auditor of the bidder or a practicing Chartered Accountant (not being an employee or a Director or not having any interest in the bidder's company/firm) where audited accounts are not mandatory as per law.
d. If the bidder does not provide the appropriate document or any evidence to substantiate the above, then it will be presumed that they do not qualify for any preference admissible in the Public Procurement Policy (PPP), 2012.
43. VALIDITY OF OFFER:
Offer shall be valid for 3 months from the due date / extended due date of the tender enquiry.
44. INTEGRITY PACT:
All tenders shall comply with the requirements of the Integrity Pact (IP) if the value of such tenders is ₹ 1 crore & above. Failure to sign the Integrity Pact shall lead to outright rejection of bid.
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45. ORDER OF PRECEDENCE
In case of any discrepancy between the conditions stated in the GPC (which is an integral part of the Order) and those specifically mentioned in the Purchase Order, the later shall prevail over the former.
46. GENERAL:
a. Deviations to Terms and Conditions shall lead to loading of prices or make your offer liable for rejection.
b. All resident/non-resident parties to obtain and furnish their PAN in order to avoid tax withholding at a higher rate. Even though the non-residents may not have permanent establishment (PE), branch, local office in India, they can apply with their foreign address.
For your information, the web address for applying for PAN in Form No. 49A to NSDL or UTISL online as given in the following sites:
(AO details for International Taxation are also available online).
i. http://tin.tin.nsdl.com/pan/index.html/
ii. http://incometaxindia.gov.in/
iii. https://incometaxindiaefiling.gov.in/portal/index.jsp
iv. http://www.utitsl.co.in/
c. GRIEVANCE REDRESSAL: There is a grievance redressal mechanism in HPCL for vendors participating in the tender, the details of which are available on HPCL’s website www.hindustanpetroleum.com.
d. PBG Format is attached with Chapter-9 ,Annexure-B.
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Chapter 5
A Terms and conditions for Installation, Testing and Commissioning B Terms and conditions for Training- Not Applicable. C Terms & Conditions for Annual Maintenance Charges- Not
Applicable
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A) Terms & Conditions for Installation & Commissioning /Erection, Testing & Commissioning
1) Bidder shall quote for Lumpsum charges of Installation & Commissioning as per SOQ. 2) Deleted 3) Deleted. 4) No payment will be made for travel days/period. 5) Bidder will be responsible for all liabilities towards corporate tax, personal income tax and
GST (as may be applicable) for their personnel deputed for the Installation & Commissioning job. Any variation (s), including statutory, shall be to Vendor’s account and the Owner shall not be liable for the same. Such tax(s) shall be deducted at source by Owner while making payments against each invoice.
6) Working hours prevailing at site, normally 8 hours/day – Monday through Saturday and
holidays as applicable to Owner’s site personnel shall apply. 7) Vendor’s supervisory personnel to observe/abide by the working conditions, safety codes &
Indian Laws. 8) Vendor’s personnel shall be required to reach site within 15 days from the date of intimation
by HPCL/ WorleyParsons India Pvt. Ltd. for the Installation & Commissioning.
9) Bidder to quote per diem rate considering the above provisions in e-portal of HPCL and for detail refer preamble to price Schedule. The Unpriced price Schedule (submitted along with Unpriced bid with prices blanked out) should contain the words ‘Quoted’ or ‘Not quoted’ or “Not Applicable” against each item.
10) For evaluation of bids, Installation charges shall be added to the rates quoted against
supply items.
B) Training- Not applicable.
C) Annual Maintenance Charges- Not Applicable.
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Chapter - 6
Bid Form & Price Schedule Formats
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BID FORM
To: (Name and address of Owner/Consultant) Date: Gentlemen, Having examined the Conditions of Contract and Specifications including Addenda Nos (Insert Numbers) the receipt of which is hereby duly acknowledged, we the undersigned, offer to execute job in conformity with the said Drawings, Conditions of Contract and specifications for the same (total bid amount in words and figures) or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this bid. We undertake if our bid is accepted, complete execution for SUPPLY AND INSTALLATION OF CAR PARKING SHEDS FOR IPS1, IPS2 & IPS 3 LOCATIONS as agreed and specified in the IFB document. If our bid is accepted we will obtain the guarantee of a Bank in a sum not exceeding (10) % of the Contract price for the due performance of the Contract. We agree to abide by this bid for a period of 120 days from the date fixed for bid opening under Instructions to Bidders and it shall remain binding upon us and may be accepted at any time before the expiration of that period. Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof in your notification of award (Letter of Award) shall constitute a binding Contract between us. We understand that you are not bound to accept the lowest or any bid, you may receive. Dated this Day of
Signature ………………………………………
In the capacity of duly authorized to sign bid for an on behalf of Witness: __________________ Address: __________________
Signature
Note :
1. Bidder to submit Bid-form on Company Letterhead duly signed and stamped by Competent Personal having power of attorney.
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REFER PRICE SCHEDULE UPLOADED
ON HPCL E-TENDER PORTAL:
https://etender.hpcl.co.in
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PREAMBLE TO PRICE SCHEDULE
S.N0 Description Unit Quantity
1
Supply and installation of Car Parking shed structure with integrated solar
panels and rain water harvesting system as per scope of work attached
with the tender document at MB Patnam (IPS-1) Booster Station
Location.
Nos 1
2
Supply and installation of Car Parking shed structure with integrated solar
panels and rain water harvesting system as per scope of work attached
with the tender document at JK Gudem (IPS-2) Booster Station Location.
Nos 1
3
Supply and installation of Car Parking shed structure with integrated solar
panels and rain water harvesting system as per scope of work attached
with the tender document at Bogaram (IPS-3) Booster Station Location.
Nos 1
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Sr. No.
Notes
1 Scope of supply including testing, inspection, documentation etc. shall be strictly as per Material Requisition and other documents which are part of IFB. Bidder shall confirm that he has noted the contents of the Preamble to the Price Schedule, Price Schedule, IFB, Material Requisition etc. and quoted the prices accordingly without any deviation.
2 Bidder must quote the price only in online Price schedule in e-portal of HPCL in line with above format. Bidder to clearly indicate 'Quoted' / 'Not Quoted' against each item description in the price column in the unpriced Price Schedule. Bidders to submit Price in the Price Schedule in their Priced Bid and Unpriced Part with indicating 'Quoted' / 'Not Quoted' in the Unpriced Bid.
3 Bidder confirm that he has noted the contents of the Preamble to the Price Schedule, Price Schedule, IFB/e-tender, Material Requisition etc. and quoted his prices accordingly without any deviation.
4 Bidder to quote firm freight charges in the space provided in the price Schedule in line with instructions provided in IFB document which shall be considered for evaluation and ordering.
5 Bidder must quote the price in enclosed Price Schedule formats only. The formats shall not be changed and/or retyped. For any deviation to the formats, offer may be rejected.
6 Bidder should quote only for the item for which he is approved with HPCL /Consultant. Bidder should indicate "Not Applicable" in the price Schedule against the items for which the bidder is not eligible to quote (based on their enlistment with HPCL/Consultant ).In case Bidder quotes for the item for which he is not enlisted with HPCL /WorleyParsons, that item shall not be considered for evaluation.
7 Quoted prices are firm and fixed till complete execution of the entire order and no variation on any account is allowed, unless otherwise categorically Specified in IFB.
8 Quoted Prices to include Mandatory Spares , Pre-commissioning / commissioning spares, all special tools and tackles & documentation, as per MR. However, bidder to provide list of two years Operational & Maintenance Spares along with Unpriced (Technical) Bid.
9 Bidder to note that Technical loading, if any, shall be as per loading criteria specified in the MR and the same shall be considered for evaluation. Hence, bidder shall quote accordingly.
10 Bidders to upload the Un-priced and Priced part of their bids strictly in the Un-priced & Priced folders respectively in the e-tender portal of HPCL
11 Bidder to provide item wise price as mentioned in online price schedule format. However, evaluation and ordering shall be done on Overall Lowest basis. Bidder to note that evaluation and ordering shall be done on Overall Lowest basis including Installation & Commissioning.
12 Bidder’s quoted prices shall be deemed to include bidder’s entire scope of work and all obligations and responsibilities, as mentioned in Material Requisition and IFB / e-tender documents, irrespective of whether the same are specifically covered in the “Description” under above price Schedule or not.
13 The Lumpsum charges quoted by Bidder for Installation & Commissioning shall be as per “Terms & Conditions for Installation, Testing & Commissioning" enclosed with the IFB. Lumpsum charges as quoted by the Bidder shall be considered for evaluation.
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Chapter - 7
Delivery Schedule
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DELIVERY SCHEDULE Name of Bidder :
Bid Document No. : 18000010-HD-11994
Item: Supply and Installation of Car Parking Sheds For IPS1, IPS2 &
Item Description Delivery from the date of Letter of Award (LOA)
All items as per MR
For Supply, Installation & Commissioning - 04 (Four) months from Date of L.O.A
Note :
1. Above referred delivery period shall be considered for liquidates damages. 2. The above delivery for Items at FOR site basis shall be reckoned from the date of LOA
Signature & Stamp of Bidder
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The detailed addresses of sites are mentioned in Annexure-V of Chapter-9
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Chapter - 8
BRIEF SUMMARY
OF AGREED TERMS & CONDITIONS
(A T & C)
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AGREED TERMS AND CONDITIONS
This questionnaire duly filled shall be returned along with each copy of Un-priced
bid. Clauses confirmed hereunder should not be repeated in the bid. ALL THE
COMMERCIAL TERMS AND CONDITIONS SHOULD BE INDICATED IN THIS
FORMAT ONLY. IF REQUIRED DETAILS INCLUDING DEVIATION TO GTC, IF
ANY, SHOULD BE INDICATED IN ONLINE DEVIATION FORMAT ONLY.
In view of the rejection clause no. 16.0 of Chapter-2, ITB, will be strictly adhered
to, bidders are advised to comply to the terms and conditions of the bid document
in the First Instance itself.
S.NO. DESCRIPTION BIDDER'S CONFIRMATION
1 Confirm Your Offer is in complete compliance with the scope of supplies as specified in the Bid document
2 Confirm you have quoted your prices strictly in the applicable Price schedule format (enclosed with the Bid document) along with Unit and Total Prices
3 INSPECTION : Confirm your quoted prices are inclusive of all testing and inspection requirements as specified in the bid document. However, in addition to Bidder’s own inspection, goods and services will be subject to inspection (stage wise and final as specified in MR) by Owner/Owner’s Consultant for which no extra charges shall be payable by Owner, since all travel, personal and incidental expenses of Owner’s inspectors shall be borne by Owner/owners’ consultant.
4 Confirm acceptance / compliance with the following conditions /clauses of the Bid document (i) Confirm price basis of your offer is
strictly in accordance with Cl. nos 1 and 2 of Chapter-3.
(ii) Confirm You have furnished Bid security
(Bank Guarantee) for the requisite amount in the required format as per
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terms of bid document (iii) Confirm that You shall furnish Contract
Performance Bank Guarantee (Performance Security) as per terms of Bid document.
(iv) Confirm your Firm delivery period shall
be strictly as per requirement specified in the Bid Document.
(v) Confirm that Your offer will remain Valid
for acceptance for a period of 120 DAYS from the Bid due date or extended due date (if the same is extended).
(vi) Confirm that the quoted prices shall
remain FIRM AND FIXED till complete execution of Order
(viii) Confirm that the Force Majeure shall
be as per General Purchase Conditions
(ix) Confirm acceptance of Price Reduction
for delay in delivery as per Chapter-3 of Bid document.
(x) Confirm total acceptance to Payment
Terms as per Chapter-3 Special Conditions of Purchase
xi) Arbitration clause shall be as per
Special Purchase Conditions xii) Confirm that Defect Liability period
shall be as per Bid Document
5 Confirm Terms related to Taxes and Duties shall be as per Provisions of Bid document
6 All correspondence must be in English Language Only
7 Indicate dispatch Point
8 Confirm Basis Quoted prices are exclusive
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of transit Insurance.
9 Indicate Rate of GST Tax payable extra on finished goods
10 Deleted
11 Deleted
12 Deleted
13 Statutory variation in GST during the contractual delivery period on Finished goods only will be to Owner's account.
14 Confirm, if there is delay beyond contractual delivery date for reasons attributable to Bidder, any increase in GST will be borne by the Bidder and any decrease shall be passed on to Owner.
15 Confirm, in case of delay in delivery, due to reasons attributable to Bidder, any new or additional taxes and duties imposed after contractual delivery dates shall be to Bidder's account.
16 Please confirm that you have not been banned or delisted by any Government or Quasi Government agencies or PSUs. If you have been banned, then this fact must clearly be stated. This does not necessarily be cause for disqualification. However, if this declaration is not furnished the bid shall be rejected as non-responsive.
17 Please confirm that you have filed in, signed and attached the enclosed “Proforma of Declaration of Black Listing/Holiday Listing” along with your Unpriced offer.
18 Owner reserves the right to make any changes in the terms and conditions of bid document. Confirm
19 The Bidder is required to state whether any of the Director's Bidder is a relative of any Director of Owner or the Bidder is a firm in which any Director of Owner or his relative is a partner.
20 (a) Confirm acceptance in Toto of the Terms and Conditions contained in the Bid document (i) Instructions to Bidders.
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(ii) Special Conditions of Contracts (ii) General Terms & conditions of Supply (iii) All other commercial documents /
attachments / Chapters of the bid document
(b) In case of reservations, confirm that
clause wise comments have been specified as annexure to this format.
(c) All the terms and conditions have been
indicated in this format (including Annexure, if any) and have been repeated in the Bid elsewhere. It is noted that terms and conditions indicated elsewhere including any printed terms and conditions shall not be considered by the owner
21 Bidder shall furnish details of the Concurrent Commitment with their schedule / expected completion dates.
22 Furnish Financial Turnover figures of last 3 years of bidder / manufacturer and or trading company (house) which ever is applicable TURNOVER
In support of above Bidder shall enclose copies of its published Annual reports of preceding 3 years. Confirm compliance.
BIDDERS NAME :
ADDRESS :
SIGNATURE & SEAL:
FAX NO. TEL NO.: EMAIL:
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Chapter - 9
Proforma & Annexures
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1) Annexure-A : Bid Security Form (EMD)
2) Annexure-B : Performance Bank Guarantee (PBG)
3) Annexure-C : Letter of Authority for attending Pre-Bid and Subsequent Negotiations/Conferences
4) Annexure-D : Declaration Form
5) Annexure-E : Undertaking for Concurrent commitment
6) Annexure-F : Bidder’s Queries
7) Annexure-G : MSME/NSIC Certificate Details
8) Annexure-H : Bar Chart/Pert Chart Schedule for Construction
9) Annexure- I : Proforma for Details of Indian Agent 10) Annexure- J : Composite BG - Mobilization Advance, Security
Deposit / Retention Money/Performance Guarantee
11) Annexure-K : Bidder’s General Information
12) Annexure-L : Annual Turnover Form
13) Annexure-M : Integrity Pact
14) Annexure-N : Bank Guarantee Format for advance
15) Annexure- P : Technical Check list
16) Annexure- Q : Reference list
17) Annexure-R : Compliance Statement
18) Annexure-S : Grievance Redressal Mechanism
19) Annexure-T : Advice from supplier/contractor for E-payment
20) Annexure-U : Reverse Auction Clause.
21) Annexure- V : Detailed Addresses of sites
22) Annexure-X : Bank Guarantee For Security Deposit
23) Annexure-Y : Arbitration Clause
24) Annexure-Z : Details of P.F. Registration TDS / TAN / ESIC
25) Annexure-AA : Details of Plant and Equipment owned by Bidder
26) Annexure-AB : Details of Proposed Head Office and Site Organization
27) Annexure-AC : List of Technical Staff
28) Annexure-AD : Details of Measuring & Testing Equipment
29) Annexure-AE : Commercial Questionnaire
30) Annexure- AF : Check List for Submission of Bid
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ANNEXURE-A
BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT (On Non-Judicial stamp paper of appropriate value)
TO: Hindustan Petroleum Corporation Limited (Address as applicable)
IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called “the Corporation” which expression shall include its successor in business and assigns)issued a tender on Messrs. ................................................ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at (hereinafter called “the Tenderer” which expression shall include its executors, administrators and assigns) against Tender no............ dated .................... (hereinafter called ‘the tender’ which expression shall include any amendments/ alterations to ‘the tender’ issued by “the Corporation”) for the supply of goods to/execution of services for “the Corporation” and “the Corporation” having agreed not to insist upon immediate payment of Earnest Money for the fulfillment of the said tender in terms thereof on production of an acceptable Bank Guarantee for an amount of ₹....... (Rupees ................................. only). We, ................................... Bank having office at ..................................................... (hereinafter referred to as “the Bank” which expression shall include its successors and assigns) at the request and on behalf of “the Tenderer” hereby agree to pay to the Corporation without any demur on first demand an amount not exceeding ₹........... (Rupees ...................................... only)against any loss or damage, costs, charges and expenses caused to or suffered by “the Corporation” by reason of non-performance and fulfillment or for any breach on the part of “the Tenderer” of any of the terms and conditions of the said ‘tender’. 2. We,........................................ Bank further agree that “the Corporation” shall be
sole Judge whether the said ‘Tenderer’ has failed to perform or fulfill the said ‘tender’ in terms thereof or committed breach of any of the terms and conditions of ‘the order’ and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by “the Corporation” on account thereof and we waive in favour of “the Corporation” all the rights and defenses to which we as guarantors and/or “the Tenderer” maybe entitled to.
3. We,................................. Bank further agree that the amount demanded by “the
Corporation” as such shall be final and binding on “the Bank” as to “the Bank” 's liability to pay and the amount demanded and “the Bank” to undertake to pay “the Corporation” the amount so demanded on first demand and without any demur notwithstanding any dispute raised by “the Tenderer” or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.
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4. We,.......................................Bank further agree with “the Corporation” that “the Corporation” shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said ‘tender’/or to extend time of performance by “the Tenderer” from time to time or to postpone for any time to time any of the powers exercisable by “the Corporation” against “the Tenderer” and to forbear to enforce any of the terms and conditions relating to “the tender” and we shall not be relieved from our liability by reason of any such variation or extension being granted to “the Tenderer” or for any forbearance, act or omission on the part of “the Corporation” or any indulgence by “the Corporation” to “the tenderer” or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us.
5. NOTWITHSTANDING anything hereinbefore contained, our liability under this
Guarantee is restricted to.₹ ......... (Rupees....................................... only). Our liability under this guarantee shall remain in force until expiration of six months from the due date of opening of the said ‘tender’. Unless a demand or claim under this guarantee is made on us in writing within said period, that is, on or before .................................... all rights of “the Corporation” under the said guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder.
6. We, …………………………………. Bank further undertake not to revoke this
guarantee during its currency except with the previous consent of the “the corporation” in writing.
7.0 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” .
8.0 “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 WITNESSW HEREOF the Bank has executed this document on this ........................ day of ………
For ........................ Bank
(by its constituted attorney) (Signature of a
person authorized to sign on behalf of “the Bank”)
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ANNEXURE-B
BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF
SUPPLIER / CONTRACTOR (On Non-Judicial stamp paper of appropriate value)
TO : Hindustan Petroleum Corporation Limited (Address as applicable)
IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD. a
Government of India Company registered under the Companies Act,1956, having its
registered office at 17, Jamshedji Tata Road, Bombay -400 020 (hereinafter called "the
Corporation" which expression shall include its successors and assigns) having awarded
to
M/s ___________________________________________________ a partnership
firm/sole
proprietor business/a company registered under the Companies Act, 1956 having its office
at
______________________________ (hereinafter referred to as "the Supplier" which
expression shall wherever the subject or context so permits includes its successors and
assigns) a supply contract in terms inter alia, of "the Corporation's" Order No.
____________
dated __________________ and the General procurement conditions of "the Corporation"
and upon the condition of "supplier's" furnishing security for the performance of "the
Supplier's" obligations and/or discharge of "the supplier's" liability under and/or in
connection with the said supply contract upto a sum of ₹. _______________
(Rupees_____________________) amounting to 10% (ten percent) of the total contract
value.
We, ______________________ (hereinafter called "the Bank" which expression shall
include its successors and assigns) hereby jointly and severally undertake and guarantee
to pay to "the Corporation" in rupees forthwith on demand in writing and without protest or
demur of any and all moneys anywise payable by "the Supplier" to "the Corporation"
under, in respect of or in connection with the said supply contract inclusive of all the
Corporation's losses and damage and costs, (inclusive between attorney and client)
charges, and expenses and other moneys anywise payable in respect of the above as
specified in any notice of demand made by "the Corporation" to the Bank with reference to
this Guarantee upto and aggregate limit of ₹ ___________ (Rupees
__________________________ ) and "the Bank" hereby agrees with "the Corporation"
that:
1 This Guarantee/Undertaking shall be a continuing Guarantee / Undertaking and shall
remain valid and irrecoverable for all claims of "the Corporation" and liabilities of "the
14495-00-PP-ITT-0047 121 of 170
Supplier" arising upto and until midnight of _______________ 2 This Guarantee/Undertaking shall be in addition to any other guarantee or security
whatsoever that "the Corporation" may now or any time anywise have in relation to "the Supplier's obligation/liabilities under and/or connection with the said supply contract, and "the Corporation" shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of "the Corporation" to enforcing or requiring enforcement to any other security shall have the effect of releasing "the Bank" from its full liability hereunder.
2 "The Corporation" shall be at liberty without reference to "the Bank" and without
affecting the full liability of "the Bank" hereunder to take any other security in respect of "the Supplier's" obligation and/or liabilities under or in connection with the said supply contract and to vary the term vis-a-vis "the supplier" of the said supply contract or to grant time and/or indulgence to "the Supplier" or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of "the supplier" under the said supply contract and/or the remedies of "the Corporation" under any other security(ies) now or hereafter held by "the Corporation" and no such dealing(s), variation(s) or other indulgence(s) or agreement(s) with "the supplier" or release of forbearance whatsoever shall have the effect of releasing "the Bank" from its full liability to "the Corporation" hereunder or of prejudicing rights of "the Corporation" against "the Bank".
4. This Guarantee/Undertaking shall not be determined or affected by the liquidation or winding up, dissolution or change of constitution or insolvency of "the supplier" but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to "the Corporation" in terms hereof
5. "The Bank" hereby waives all rights at any time inconsistent with the terms of this
Guarantee/Undertaking and the obligations of "the Bank" in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by "the suppliers" (whether or not pending before any arbitrator, officer, tribunal or court) or any denial of liability by "the supplier" or any other order of communication whatsoever by "the supplier" stopping or preventing or purporting to stop or prevent any payment by "the Bank" to "the Corporation" in terms hereof.
6. The amount stated in any notice of demand addressed by "the Corporation" to "the Bank" as liable to be paid to "the Corporation" by "the supplier" or as suffered or incurred by "the Corporation" on account of any losses or damages or costs, charges/and/or expenses shall be as between "the Bank" and "the Corporation" be conclusive of the amount so liable to be paid to "the Corporation" or suffered or incurred by "the Corporation", as the case may be, and payable by "the Bank" to "the Corporation", in terms hereof.
i) Our liability under this guarantee shall not exceed R.......... ii) This Bank Guarantee shall be valid upto and including .......; and
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iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or # before the expiry of 30 days from the date of expiry of this guarantee.
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 supplier" and "the Bank" in this regard.
IN WITNESS Where of __________________ Bank, has executed this document at ________________ on _______________ 20…..____________________________ Bank (by its constituted attorney)
(signature of a person authorized to sign on behalf of "the Bank")
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ANNEXURE-C
LETTER OF AUTHORITY
PROFORMA FOR LETTER OF AUTHORITY FOR ATTENDING AND
SUBSEQUENT NEGOTIATIONS/CONFERENCES
To. Date: HINDUSTAN PETROLEUM CORPORATION LIMITED,
(Address as applicable) Attn...................................... Dear Sirs, We..................................................hereby authorize following representatives (s) to attend the Pre Bid meeting / Negotiation or for any other correspondence and communication against your Bidding document number No. ...........................for.................................... (Item Name)....................................... 1. Name & Designation : ......................... Signature............................ 2. Name & Designation : ........................ Signature............................ We confirm that we shall be bound by all and whatsoever our representative (s) shall commit. Yours faithfully,
Signature........................................... Name & Designation.........................
For & on behalf of............................
Note: This Letter of Authority should be on the letterhead of the Bidder and should be signed by a person competent and having the power of attorney to bind the Bidder.
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ANNEXURE-D
DECLARATION
(To be submitted along with Un-priced bid)
We (M/s. __________________________) hereby declare that we have not been
banned or delisted or blacklisted or put on holiday list by any government or quasi
Government agencies or PSUs.
We (M/s. __________________________) confirm that we are not on Holiday/ Negative /
Suspension / Banning list of HPCL on due date of submission of bid.
We (M/s. __________________________) confirm that we are not under liquidation, court
receivership or similar proceedings.
I/we also (Co. name), _________________________________________herewith declare that we are registered as MSME/NSIC/SSI or other _______________ (Please specify and provide supporting document).
I/we also (Co. name), _________________________________________herewith declare
that we are registered under GST with GSTIN No _______________ (Please
specify and provide supporting document).
Stamp and Signature of Bidder
Note : 1. If a bidder has been banned or delisted or blacklisted or put on holiday list by any
Government or quasi Government agencies or PSU, this fact must be clearly stated with details and it may not necessarily be a cause for disqualifying him. If this declaration is not given, the bid will be rejected as nonresponsive.
2. In case of Limited Liability Partnership, all partners should sign it. 3. This Declaration should be on the letter head of the Bidder and should be signed
by a person competent and having the power of attorney to bind the Bidder.
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ANNEXURE -E
UNDERTAKING OF ADEQUATE CAPACITY
An Undertaking from the Bidder Confirming that their Plant / Facility has Adequate Capacity to handle Concurrent Orders and the Supplies to be made to HPCL will not get delayed due to the concurrent orders from other Clients
PRESENT COMMITMENTS AS ON 31/05/2018
SR. NO.
CLIENT/ OWNER/ CONSULTANT
DESCRIPTION OF THE WORK & SITE
VALUE OF CONTRACT (In Rupees)
DATE OF COMMENCEMENT OF WORK
SCHEDULE COMPLETION PERIOD
%AGE COMP. AS ON DATE
EXPECTED DATE OF COMPLETION
REMARKS
Stamp and Signature of Bidder
Note: To be submitted on letter head of company.
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Annexure F
BIDDER’S QUERIES
SL. NO.
BIDDING DOCUMENT
SUBJECT BIDDER'S
QUERY OWNER'S REPLY
PAGE NO. CLAUSE
NO.
NOTE: Bidder’s Queries may be submitted online.
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Annexure –G
MSME / NSIC CERTIFCATE DETAILS
TO BE FILLED BY BIDDERS REGISTERED WITH MSME
TO BE FILLED BY ALL BIDDERS
1 NAME OF BIDDER
2 WHETHER REGISTERED WITH MSE : YES/NO,
IF YES PLEASE UPLOAD THE MSE
CERTIFICATE
YES/NO
2.1 NSIC/ MSE REGISTRATION CERTIFICATE IS
VALID
UPTO
2.2 MONETARY LIMIT OF NSIC REGISTRATION
CERTIFICATE
3 WHETHER ITEM QUOTED IS COVERED IN
NSIC / MSE REGISTRATION CERTIFICATE IF
YES. PLEASE MENTION THE ITEM NAME IN
NSIC / MSE CERTIFICATE UNDER WHICH
TENDERED ITEM IS COVERED
4 WHETHER YOU HAVE SUCCEEDED IN
SECURING ORDERS FOR SAME ITEMS (ITEM
QUOTED), IN COMPETITION (I.E. WITHOUT
PRICE PREFERENCE) WITH LARGE SCALE
UNITS DURING THE PRECEEDING 12
MONTHS FROM THE DATE OF THIS TENDER
(SAY : YES OR NO)
5 WHETHER FIRM IS OWNED BY SC/ST
ENTERPRENEURS (SAY YES OR NO) IF YES,
PLEASE UPLOAD SC/ST CERTIFICATE
Stamp and Signature of Bidder
Note to Bidder:
1. It is mandatory for all the bidders to provide above data, in case bidder is non MSE,
please mention “N.A”.
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Annexure –H
BAR CHART/PERT CHART SCHEDULE FOR CONSTRUCTION -
DELETED
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Annexure –I
PROFORMA FOR DETAILS OF INDIAN AGENT –DELETED
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Annexure –J
COMPOSITE BANK GUARANTEE FOR MOBILISATION ADVANCE, SECURITY DEPOSIT/RETENTION MONEY/PERFORMANCE GUARANTEE
(On Non-Judicial stamp paper of appropriate value) To:
Hindustan Petroleum Corporation Limited (Address as applicable) IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED, a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called "The Corporation" (which expression shall include its successor in business and assigns) having placed an order on Messers ............................ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at .............. (hereinafter called "the supplier" (which expression shall include executors, administrators and assigns) vide order No.......................dated.............. (hereinafter called "the order" which expression shall include any amendments/alterations to "the order" issued by "the Corporation") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" having agreed : a) not to insist upon immediate payment of Security deposit for the fulfilment and performance of the said order b) to pay "the supplier" as and by way of advance upto a sum of ₹ __________ (Rupees _____________________________ only) being ____% of the value of "the order"; c) that "the supplier" shall furnish a security for the performance of "the supplier's" obligations and/or discharge of "the supplier's" liability in connection with the said "order"; and "the Corporation" having agreed with "the supplier" to accept a composite Bank Guarantee for the mobilisation advance, security deposit, retention money and performance guarantee. We, .................................................... Bank having office at .......................................... (hereinafter referred to as "the Bank" which expression shall includes its successors and assigns) at the request and on behalf of "the supplier" hereby agree to pay to "the Corporation"without any demur on first demand an amount not exceeding ₹........... (Rupees.............................only) against any loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfilment or for any breach on the part of "the supplier" of any of the terms and conditions of the said "order". 2. We, ............................. Bank further agree that "the Corporation" shall be sole judge whether the said "Supplier" has failed to perform or fulfill the said "order" in terms thereof or committed breach of any terms and conditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred
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by "the Corporation" on account thereof and we waive in the favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Supplier" may be entitled to. 3. We, ................................. Bank further agree that the amount demanded by "the Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the amount demanded and "the Bank" undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the Supplier" 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. 4. We, .................................. Bank further agree with "the Corporation" that "the Corporation" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "order"/or to extend time of performance by "the Supplier" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Supplier" and to forbear to enforce any of the terms and conditions relating to "the order" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Supplier" or for any forbearance, act or ommission on the part of "the Corporation" or any indulgence by "the Corporation" to "the Supplier" or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us. 5. However, it has been agreed between "the Supplier" and "the Corporation" that there shall be only one Composite Bank Guarantee for both the advance and security deposit performance guarantee/Retention Money @ of ____% valid till the end of the defects liability period as per the terms of the P.O. No. _______________ dated ______________ and that in proportion with the recovery of advance @ ______% per bill the same amount/value automatically stands credited to the defects liability account/security deposit or retention money as the case may be and will continue to be credited/treatedtill the entire advance of ₹ _______________________ is fully recovered from the running bills and from the date of full recovery of the advance of ₹ __________________ this guarantee automatically, shall stand valid towards the ____% retention money/defects liability, fully valid in all ® respects unto a further period of 3 (three) months, as per the Purchase Order of "the Corporation". 6. Not withstanding anything contained herein above : i) Our liability under this guarantee shall not exceed ₹ .......... ii) This Bank Guarantee shall be valid upto and including .......; and iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before the expiry of 30 days from the date of expiry of this guarantee. 7. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except with the previous consent of "the Corporation" in writing.
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8. We, ......................................... Bank lastly agree that "the Bank"'s liability under this guarantee shall not be affected by any change in the constitution of "the Supplier". 9. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the Agreement/Contract or MOU entered into between "the Supplier" and "the Bank" in this regard. IN 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")*
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ANNEXURE-K
BIDDER’S GENERAL INFORMATION
Bid Document No. ……………………………………………………………… To Hindustan Petroleum Corporation Limited (Address as applicable)
1.4 Operation Address if different from above: ___________________________________________ 1.5 Telephone Number __________________________________________ (Country code) (Area Code) (Tel. Number) 1.6 E-mail address __________________________________________ 1.7 Website : ____________________________________________ 1.7 Telefax Number __________________________________________ (Country Code) (Area Code) (Tel. Number) 1.8 Name & Mobile no. of Concerned person(s) ______________________________________________ 1.8 ISO Certification, if any (if yes, please furnish details)
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2.0 GENERAL 2.1 Income Tax PAN No. of the firm. ___________________________________________________ 2.2 Provident Fund Registration No. of the firm. ____________________________________________________ 2.3 ESI Registration No. of the firm. ____________________________________________________ 2.4 GST Registration No. of the firm. _____________________________________________________ 2.5 GST Registration No. of the firm ______________________________________________________ 2.6 Excise Registration number, if any ______________________________________________________ 2.7 Excise Range _______________________________________________________ 2.8 Local Sales Tax No, if any _______________________________________________________
Stamp and Signature of Bidder
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ANNEXURE-L
ANNUAL TURNOVER STATEMENT
Bid Document No. ………………………………………………………..
The Bidder shall indicate herein his annual turnover during preceding Three(3) years based on the audited balance sheet/profit & loss account statement.
1. Networth means paid up share capital, Share Application Money pending allotment* and reserves # less accumulated losses and deferred expenditure to the extent not written off.
# Reserves to be considered for the purpose of networth shall be all reserves created out of the profits and securities premium account but shall not include reserves created out of revaluation of assets, write back of depreciation and amalgamation. *Share Application Money pending allotment will be considered only in respect of share to be allotted. Accordingly, the definition of Networth shall be as follows:
Paid up share capital XXXX Add: Share Application Money pending allotment XXXX Add: Reserves (As defined Above) XXXX Less: Accumulated Losses XX Less: Deferred Revenue Expenditure to the extent not written off
XX
Net worth XXXX
x. Bidder shall furnish necessary documentary evidence by uploading the documents in the e-portal of HPCL, such as notarized copies of audited Annual Report/Balance Sheet for last three (3) years as mentioned above, Original Certificate from Chartered Account indicating Turnover & Net worth.
Stamp and Signature of Bidder
Name of Bidder Company:
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ANNEXURE-M
Deleted.
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ANNEXURE-N
BANK GUARANTEE FOR ADVANCES (On non-judicial stamp paper of appropriate value)
To, Hindustan Petroleum Corporation Ltd., (Address as applicable) In CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED, a Government of India Company registered under the Companies Act 1956, having its registered office at 17, Jamshedji Tata Road, Bombay - 400 020 (hereinafter called "the Corporation" which expression shall include its successors in business and assigns) having placed an order on Messrs ___________________ a partnership firm/sole proprietor business / a company registered under the Companies Act, 1956 having its office at _______________________ (hereinafter called "the Supplier" which expression shall include its successors and assigns) vide Order No. ____________ dated _________ (hereinafter called "the Order" which expression shall include any amendments/alterations thereto as issued by "the Corporation") for the supply of goods/to the execution of Service for "the Corporation" and having agreed to pay the supplier as and by way of advance upto a sum of ₹. _________ (Rupees ____________________________________ only ) being _____ % of the value of the order in terms of "the Order" on production of an acceptable Bank Guarantee for an amount of ₹. ____________ (Rupees __________________________________ only) 1. We, ____________________ Bank having office at _________________ (hereafter
referred to as "the Bank") do at the request and on behalf of "the Supplier's" hereby agree to pay "the Corporation" without any demur on first demand an amount not exceeding ₹. _________ (Rupees ______________________ only) against any loss or damage, costs, charges and expenses caused to or suffered or would be caused to or suffered by "the Corporation" by reason of any breach on the part of "the Supplier" of any of the terms and conditions of the said order.
2. We, _______________ Bank further agree that "the Corporation" shall be sole judge
whether the said "Supplier" has 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 Supplier" may be entitled to.
3. We, ___________________ Bank further agree that the amount demanded by "the
Corporation" as such shall be final and binding on "the Bank" as to "the Bank's" liability to pay and amount demanded and "the Bank" undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the Supplier" 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 that the guarantee herein contained shall remain in full force and continue to have full effect so long as the said amount remains unadjusted, provided, however, the value of the guarantee shall
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progressively reduce upon any adjustments being made by "the Corporation" against the said advance and "the Corporation" rights shall extend only to the value of the unadjusted amount.
4. We, __________________ Bank further agree with "the Corporation" that "the
Corporation" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "order"/or to extend time of performance by "the Supplier" from time to time or to postpone for any time or from time to time any of the powers exercisable by "the Corporation" against "the Supplier" and to forbear to enforce any of the terms and conditions relating to "the Order" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Supplier" or for any forbearance, act or omission on "the Supplier" or by any such matter or things whatsoever which under the Law relating to sureties would be for this provisions have the effect of relieving us.
5. Notwithstanding anything contained herein above: i) Our liability under this guarantee shall not exceed Rs.......... ii) This Bank Guarantee shall be valid upto and including .......; and
iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or # before the expiry of 30 days from the date of expiry of this guarantee
6. We, ________________ Bank further undertake not to revoke this guarantee during
its currency except with the previous consent of "the Corporation" in writing. 7. We, ____________________ Bank lastly agree that "the Bank" liability under this
guarantee shall not be affected by any change in the constitution of "the Supplier". 8. We, _________________ Bank has power to issue this guarantee in favour of "the
Corporation" in terms of the documents and/or the agreement/contract or MOU entered into between" the supplier" and "the Bank" in this regard.
IN WITNESS WHEREOF the Bank has executed this document on this
________________ day of ___________________
____________________________ (FOR _________ BANK)
(by its constituted attorney) (Signature of a person authorized
to sign on behalf of "the Bank")
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ANNEXURE-P
CHECKLIST-TECHNICAL
Requisition for Supply & Installation of Car Parking Sheds Project VVSPL Capacity Augmentation Project
Bidder confirms the following, as a minimum, is enclosed in the offer: Sr. No.
Requirement Complied by Bidder
1.0 Total compliance to technical requirements of the Material Requisition, as per Compliance Statement document, enclosed.
Yes/No
2.0 Bidder has quoted for all Schedules items covered in specification. Yes/No
3.0
Bidder meets Bidder’s qualification criteria (BQC) and documentary evidence in support of BQC is enclosed in the offer as per following, as a minimum:
Yes/No
a) Name & Location of Plant Yes/No
b) Past track record for Supply and Installation of Car Parking Sheds For IPS1, IPS2 & IPS 3 Locations as specified in BQC for the last seven years (i.e. copies of W.O./PO, Inspection release notes, completion certificate etc.)
Yes/No
4.0 Bidder confirms that for the items quoted by the bidder, the entire process of Medium Voltage Switchgear manufacturing shall be carried out in the proposed plant.
Yes/No
5.0 Documents/ Catalogues etc.as per specification enclosed. Yes/No
To be filled, signed and stamped by Bidder. Stamp and Signature of Bidder
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ANNEXURE-Q
Reference List of Supply and Installation of Car Parking Sheds for IPS1, IPS2 & IPS 3 Locations for Last Seven
Purchase Order & Date Work Completion Certificate & Date
To be filled by Bidder.
Stamp and Signature of Bidder
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ANNEXURE-R
COMPLIANCE TO BID REQUIREMENT
Requisition for Supply & Installation of Car Parking Sheds Project VVSPL Capacity Augmentation Project Bidding Document No 18000010-HD-11994
We hereby agree to fully comply with, abide by and accept without variation, deviation or reservation all technical, commercial and other conditions whatsoever of the bidding Documents and Addendum to the Bidding Documents for subject work issued by Owner/Consultant. We hereby further confirm any terms and conditions mentioned in our bid (Un-priced as well as Priced Part) shall not be recognized and shall be treated as null and void.
Bidder’s Seal Signature of Bidder
Name of Bidder
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ANNEXURE-S GRIEVANCE REDRESSAL MECHANISM
1.0 Background
Hindustan Petroleum Corporation (HPCL) has developed the following mechanism to deal with references/grievances if any that are received from Parties who participated /intends to participate in the Corporation Tenders. The scheme is as under:
2.0 Definitions : Grievance
For the purpose of this scheme, the word ‘Grievance’ would mean a written and signed representation received from party, who has participated/intends to participate in the tender of the Company, seeking inter-alia a review of the process of finalization of tender on the grounds that his right as a party to the tender has been affected for the reason to be provided by him which needs to be examined and decided in the interest of equity.
Grievance Redressal Cell (GRC)
It is the group that will review the references received from the Parties and decide the matter.
3.0 Authorities to handle grievances 3.1 There will be a process to deal with the grievances received from the
tendering parties of the prospective tenderers based on the Tender document issued.
3.2 The first level, say Level-I of such process will comprise of a Grievance
Redressal Cell (GRC). This Cell will consist of the following:
Sr. No.
SBU/Function
Head
Member Finance Member Procurement (Co-ordinator)
Refineries GRCs
1
Visakh Refinery
Head-Refinery
Head- Finance
Head- Materials
2
Mumbai Refinery
Head-Refinery
Head- Finance
Head- Materials
Marketing GRCs
1
Retail SBU
Head-Retail
Head- Comml.**
Head- Proc.**
2
Direct Sales
Head-Direct Sales
Head- Comml. **
Head- Proc.**
3
LPG
Head-LPG
Head- Comml. **
Head- Proc.**
4
Aviation
Head-Aviation
Head- Comml.**
Head- Proc.**
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* includes Marketing Projects, ** concerned SBU,
® *** concerned SBU/dept
5
Projects & Pipelines*
Head-P&P
Head- Comml.**
Head- Proc.**
6
Operaions & Distributions(O&D)
Head-O&D
Head- Comml.**
Head- Proc.**
® 7
Gas, Renewable & Business Develop- ment, Mktg SBU/dept
Head - Gas, Renewable & Business Development, Mktg SBU/dept
Head–Comml. ***
Head- Proc.***
Corporate GRCs
1
Corporate Head-IS/HR
(as applicable)
Head- Finance (Corp.)
Head- Procurement
(DGM-Administration)
® REVISION : PROC-004/23.12.2014
3.3 The Co-ordinator for each of the Cell is respective Head –
Materials/Procurement of Visakh Refinery, Mumbai Refinery, Marketing SBUs & Corporate.
3.4 All the grievances will be lodged with the Co-ordinator of the Cell. 3.5 This Cell will examine the grievances and decide the matter. 3.6 The second level of Grievances Redressal Mechanism is the Executive
Committee – Refineries for both Mumbai & Visakh Refineries, Executive Committee - Marketing & Executive Committee – Corporate for respective functions. The decision of the Executive Committee is final.
4.0 Grievances Redressal Process
LEVEL –I 4.1 If a grievance is received by the Grievance Redressal Cell, the Co-ordinator
will first acknowledge the receipt of the grievance to the aggrieved party within 48 hours from the time of receipt of the grievance (Excluding intervening Holidays).
4.2 The Grievance Redressal Cell (GRC) will forward the Grievance to the
Tender Inviting Authority at the earliest, who will offer his comments/views to the Cell within 2 days of receipt from GRC.
4.3 On receipt of comments from Tender Inviting Authority, the Grievance
Redressal Cell will meet and look into the grievances expressed by the aggrieved party along with the views/comments of the Tender Inviting
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Authority. The Grievance Redressal Cell can call for relevant records and documents to enable it to firm up its decision on the grievance.
4.4 The Grievance Redressal Cell will decide the matter within 14 days and
thereafter communicate the decision to the aggrieved party.
LEVEL –II
4.5 The second level of Grievance Redressal Mechanism is the Executive Committee - Refineries for both Mumbai & Visakh Refineries and Executive Committee – Marketing & Executive Committee – Corporate for respective functions which would examine and decide on any appeal/ representation on the decision of the Grievance Redressal Cell.
4.6 Parties aggrieved by the decision of the Grievance Redressal Cell, can
appeal / represent to the Executive Committee within 7 days of receipt of the decision with a copy to GRC Level-I for co-ordination. Appeal received
after seven days will not be considered. 4.7 The EC will decide the matter in appeal within 14 days and thereafter
communicate the decision to the aggrieved party. The decision of the Executive Committee is final.
5.0 Time limitation for the handling of grievances 5.1 Grievances regarding the Pre-qualification process should be lodged by the
aggrieved party within one week from the date of Publication calling for pre-qualification bid Grievances received after one week from date Publication will not be considered.
5.2 The decision on Grievance pertaining to Pre-Qualification should be
finalized before the shortlisting of the parties is concluded. 5.3 Specific Grievances regarding the Notice Inviting Tender (NIT) should be
lodged by the aggrieved party within one week from the last date of sale of tender document or one week prior to the Due date for Bid Submission, whichever is earlier. Grievance regarding NIT, received thereafter shall not be considered.
5.4 Grievances relating to the tender process (other than “Notice Inviting
Tender related grievances”) should be lodged within one week the date of operating the unpriced bids.
5.5 The Grievance Redressal Cell shall examine the case and decide within 15
working days from the date of receipt of the grievance and advise the function concerned of the same so that they can process the tender further.
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5.6 Any grievance after price bid opening should be redressed before award of the contract No grievances shall be entertained which are received after one week of price bid opening.
5.7 The Co-ordinator of the Grievance Redressal Cell, on receipt of the
grievance by the aggrieved party, should inform the Tender Inviting Authority not to finalise the contract till the disposal of the grievance by the Grievance Redressal Cell. The grievance lodged should be disposed of within a reasonable period of 14 working days so that there is no undue delay in awarding the contract.
6.0 Interim Suspension of Tendering Process 6.1 After any grievance is received by the Co-ordinator of the Grievance
Redressal Cell, the Cell Members will meet and examine whether the tendering process relating to the concerned matter is to be suspended or not in consultation with the Tender Inviting Authority. The Cell will examine whether there exists a prima facie ground for suspending the tendering process and decide the matter. It may consult, if required, the Executive Committee as to whether the tendering process has to be suspended till a final decision is taken on the grievance.
6.2 The decision to suspend the tendering process or not and disposal of the grievance should preferably be taken by the Grievance Redressal Cell and/ or Executive Committee at the earliest but not later than 14 working days from the receipt of grievance keeping in mind the Schedule of activities connected with the tender concerned.
6.3 When it is decided to suspend the Tendering Process, the grievance should be examined and disposed off by the Grievance Redressal Cell & Executive Committee at the earliest, but not later than 15 days since it will be necessary to either continue with the tender as per earlier norms or it is decided to re-invite the tender with suitable changes.
7.0 Other General Provisions 7.1 A final written reply to the aggrieved party will be given by coordinator of
Grievance Redressal Cell / Executive Committee within 21 working days from the date of receipt of the grievance in line with the minute of respective GRC/EC.
7.2 The Grievance Redressal Cell / Executive Committee, while firming up its
recommendations, can seek the views of other relevant Department like Finance, Vigilance and Legal or any other Department concerned with the issue.
7.3 The Grievance Redressal Cell & / Executive Committee is entitled to give a personal hearing to the aggrieved party, if necessary.
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7.4 If a Grievance is related to a contract already awarded and acted upon, and
if the Grievance Cell & Executive Committee is of the view that the grievance needs review for remedial action for future tenders, it would submit its recommendation to the concerned SBU/Dept. head for future tenders.
7.5 Company’s Tender Grievance Redressal Mechanism will be displayed in its
Website in the Tenders Page. 7.6 The Grievance Redressal Cell & Executive Committee will maintain a
grievance register giving details of the tender number, date of receipt of grievance letter, nature of grievance in brief, details of the decisions taken and the date of communication to the aggrieved party.
7.7 The Grievance Redressal Cell & Executive Committee will also submit a
quarterly report on the grievances handled to the Committee of Functional Directors. A copy of Yearly Report will be submitted to the Board for information.
7.8 The relevant clause of Grievance Redressal Mechanism Procedure
should be incorporated in GTC of all Tender documents along with the name and address of the Officer-designate of the Grievance Redressal Cell/ Secretary of the concerned Executive Committee, to whom the grievance letter/ Appeal should be addressed to.
8.0 Integrity Pact
Notwithstanding the GRP guidelines above, the provisions of the Integrity Pact will be applicable independently to tenders of ₹ 1 Crore & above.
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Annexure - T ADVICE FROM SUPPLIER/CONTRACTOR FOR E-PAYMENT
(ON LETTER HEAD) Hindustan Petroleum Corporation Limited (Address as applicable) Dear Sirs, The following is a confirmation/ updation of may bank details and I hereby affirm my our choice to opt for payment of amounts due to me under various contracts through electronic mode. I understand that Hindustan Petroleum Corporation Limited also reserves the right to send the payments due to me by a cheque/ demand draft/ electronics mode or through a banker. A) Supplier/Contractor Details
1. Supplier/Contractor Name
2. Supplier Contractor Code
3. Address (including Pin Code)
4. Controlling officer name/SBU: E&P
5. P.A. No.
6. E-mail ID
B) Particulars of bank Account
1. Bank Name
2. Branch Name & branch code
3. Branch Address (incl. Pin Code)
4. 9 digit MICR No. of Bank and Branch
(As appearing in the MICR Cheque issued by Bank)
(Please do not give multicity cheque book code Number)
5. Account Type (Saving/Cash Credit/Current)
6. Account Number (as appearing on cheque)
7. IFSC Code of the Branch (for RTGS)
8. IFSC Code of the Branch (for NEFT)
9. NEFT Code No.
I/we hereby declare that the particulars given above are correct and the complete and also undertake to promptly advise and changes to the above details to HPCL. If the transaction is delay or not effected for reasons of incomplete or incorrect information or banking delays. I shall not hold Hindustan Petroleum Corporation Limited responsible. I also agree for printing of the bank details on the cheque or DD if the payment is effected by cheque/DD. The charges, if any, levied by my bank shall be settled by me/us.
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Name (in capital) & signature of supplier / contractor
Authorized signatory
Date: Official rubber stamp
Note
1. Bank details (B.1 to 9) to be confirmed by the bankers. Such confirmation shall duly signed & stamped by the bankers. Supplier code, bank account number and RTGS/NEFT number required essentially.
2. Please enclosed cancelled /photocopy of a cheque
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Annexure – U
Reverse Auction – Terms & Conditions and Procedure HPCL proposes to conduct Reverse auction for the items or schedules or on overall basis as specified in the tender. Please go through the Terms & Conditions and Procedure given below and submit your acceptance to the same by signing and uploading this document along with unpriced bid.
Terms and Conditions:
1. HPCL reserves the right to carryout ‘Online Reverse Auction’ with techno-
commercially accepted bidders for determining the lowest bidder for the requirements mentioned in this tender enquiry.
2. Online reverse auction shall be conducted by HPCL on a specified date and
time. The vendors shall be participating in the reverse auction from their own offices / place of their choice. Internet connectivity shall have to be ensured by the bidders themselves. In extreme case of failure of Internet connectivity, (due to unforeseen circumstances), fax/ E- Mail communication shall have to be made immediately to Purchase Dept. HPCL may decide to extend the bidding time, at their discretion, but not as the right of the bidder.
3. Bidders are requested to confirm their willingness to participate in ‘Online Reverse
Auction’ during their bid submission by confirming compliance to the Terms & Conditions and Procedure specified herewith. Please note that non acceptance to participate in the Reverse Auction process may lead to rejection of the bid without any further evaluation.
4. HPCL will pre-decide the commercial loading, if any, on the basis of the taxes
& duties quoted by the bidder, and loading on account of commercial deviations, if any. The loading factors shall be displayed in the portal prior to the date scheduled for Reverse Auction Event.
5. As part of Reverse Auction process, the Start Bid price shall be specified by HPCL
on Reverse Auction Portal, which shall be the lowest of the price bids submitted by the bidders on the e-procurement portal i.e. ‘Bids opened for RA event’ and HPCL’s in-house estimate. Please note that such priced bid opening shall be system driven and therefore bidder’s identity vis-à-vis quoted price shall be confidential.
6. In case of overall evaluation tenders, the Reverse auction shall be conducted on the
bottom line, net delivered cost. 7. Reverse auction shall be held for a period of 60 minutes and shall be
automatically extended by a further period of 5 minutes in case of receipt of any bid during the last 5 minutes of the auction period. This process shall continue until no bids are received in the last 5 minutes of the auction. Thereafter reverse auction shall get automatically closed. This shall be an automated process.
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8. Any time extensions due to Force Majeure or unforeseen circumstance shall be
granted at the sole discretion of HPCL. 9. Order may be placed on the lowest bidder, emerging out of the reverse auction process and
HPCL’s decision on award of contract shall be final and binding on all the bidders.
10. HPCL reserves the right to further rationalize the prices with lowest bidder for
reducing the price at any time before ordering.
11. HPCL reserves the right to cancel the reverse auction after event is scheduled but
before actual event taking place or after the reverse auction has completed in case of failure or any other reason. The reasons for cancellation shall be conveyed to all vendors.
12. In cases where tender is required to be cancelled after opening of priced
bid and identification of L1 vendor and Reverse Auction was also part of tender, reasons for cancellation shall be conveyed to all vendors.
13. During Reverse Auction Process, if no bids are received within the
scheduled/rescheduled date & specified time of the reverse auction, HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Electronic priced bids submitted by the bidders. In which case HPCL shall display the bidder’s identity and original rates.
14. The bid on the Reverse Auction Portal will be taken as an offer to sell. Bids
once made, cannot be cancelled / withdrawn and the bidder shall be bound to sell the material/services at the final bid price, and as per the specifications mentioned in the tender. Should the bidder back out and not make the supplies as per the rates quoted or in case the material supplied/services is not as per specifications mentioned in the tender, HPCL shall take appropriate action as per the terms & conditions mentioned in the tender.
15. At the end of the Reverse Auction, HPCL will decide the successful bidder,
basis the evaluation criteria specified in the tender. HPCL’s decision on award of Contract shall be final and binding on all the Bidders.
16. HPCL shall not have any liability to bidders for any interruption or delay in
access to the reverse auction portal irrespective of the cause. 17. The participation of vendors in the tendering process shall be construed as
acceptance to the terms & conditions and procedure for the reverse auction until and unless the contrary is explicitly mentioned in the deviation sheet.
18. In case any bidder does not accept Reverse Auction Terms & Conditions and
Procedure, HPCL reserves the right to reject the vendor at the Techno-commercial evaluation stage.
19. In case a bidder agrees for reverse auction in the un-priced bid but withdraws
acceptance any time after tender due date & time, the EMD of such bidder may be forfeited along with rejection of offer at the sole discretion of HPCL.
14495-00-PP-ITT-0047 151 of 170
20. Once Auction is started, no communication from vendor is entertained.
21. The Bidder shall not involve himself or any of his representatives in Price
manipulation of any kind directly or indirectly by communicating with other suppliers / bidders.
22. The Bidder shall not divulge either his Bids or any other exclusive details of
HPCL to any other party.
23. HPCL’s decision on award of Contract shall be final and binding on all the Bidders.
24. HPCL can decide to extend, reschedule or cancel any Auction. If any changes are
made by HPCL after the first posting and the Bidder continues to access the site after that time, it shall be presumed that the bidder has accepted the changes.
25. HPCL shall not be responsible for any damages, including damages that result from,
but are not limited to negligence. HPCL will not be held responsible for consequential damages, including but not limited to systems problems, inability to use the system, loss of electronic information etc.
Reverse Auction Procedure
1. In case HPCL decides to conduct Reverse Auction, the qualified bidders would
be communicated on the same thru E-mails about the date and time of the Reverse Auction event. The Reverse auction event shall be conducted in the HPCL e-tender portal under link “Reverse auction”.
2. Reverse Auction shall be available to Bidder only after two factor authentication.
Initially vendor will login to the site https://etender.hpcl.co.in with his Login Id and password. Thereafter they shall click on the “Reverse auction” link in the portal to view/participate in ongoing/upcoming reverse auctions.
3. Brief procedure to participate in RA:
I. Bidders may click on “Reverse Auction”, followed by click on 'password' and
Download the encrypted password.
II. Save the downloaded password and open Signing Utility, Select action as
"Decrypt Reverse Auction Password".
III. Browse the downloaded file. Select appropriate certificate and click on Decrypt Password. Copy the password and paste in "Password" field and click on Reverse Auction.
4. HPCL will display Start Bid price i.e., Bench Mark price (which shall be the
lowest of the price bids submitted by the bidders on the e-procurement portal i.e. ‘Bids opened for RA event’ and HPCL’s in-house estimate), which shall be visible to all the vendors at the start of the Reverse Auction.
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5. Identity of bidders never gets disclosed during reverse auction process
6. HPCL shall specify the minimum amount/percentage by which the bidders can
reduce their bids at a time on the Reverse Auction Portal. This amount is referred as the ‘bid decrement factor’ and shall be specified by HPCL.
7. Bidders shall start bidding from this Bench Mark Price. The bidder can bid
lower than the prevailing Lowest Bid at any time during the event by one decrement or multiples of the Bid decrement.
8. The bidder shall be able to view the following values on his screen along with
the other necessary fields in the Reverse Auction:
• Item-wise Leading Bid in the Auction (Delivered Cost)
• Bid Placed by bidder (Delivered Cost)
• Bid value contemplated by bidder before submission(Delivered Cost)
9. Bidder can reduce his bid repeatedly during the auction period 10. Bidders shall be provided information on item wise pro-rated reduction in the
rates, for guidance.
11. Deleted
12. The Closing Price(s) offered by the bidders at the conclusion of the Reverse
Auction shall be valid for a minimum period of 30 days or as mentioned in tender, from the date of conclusion of the Reverse Auction.
13. In case of Item-wise evaluation tenders, any or all items may undergo Reverse
Auction separately at the discretion of HPCL.
14. Deleted
15. In case of SOR type tenders, where vendor has quoted a single percentage plus
or minus against the offered rate, the decrement shall be applicable on the bench mark value on base of 100 (i.e. it could be 107 in case of plus 7% or 94 in case of minus 6 percent). This value shall be delivered cost i.e. inclusive of taxes and loading factor.
16. HPCL reserves right to conduct single reverse auction for multiple items with
separate decrement option.
17. Deleted
18. Successful vendor shall be required to submit the final prices digitally signed and submitted as token of acceptance without any new condition other than those
already agreed to before start of auction.
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Annexure – V
Address of Site Representatives of HPCL
S.No Location Address
Location-in-
charge (LIC) Contact Person Contact details
1 VVSPL-
Visakha
VVSPL- Visakha:
Hindustan Petroleum
Corporation Limited:
VVSPL, Visakha
Dispatch Station, VR-
ATP area, Naval Base
Post,Visakhapatnam,
Andhra Pradesh- 530
014
Y V N
SHARMA,
DGM-VVSPL
C Pratap, Chief Manager-
Maintenance 0891-2858908
Project Office
K V Sreenivas Raju- Chief
Manager- Projects 0891-2858909
SURYANARAYANARAJU
N V - Senior Manager-
Projects
0891-2858902,
Mob-
+918885507755
Vikram Singh- Manager-
Projects
0891-2858902,
Mob-
+918881702111
Kilaru Vamsi Krishna-
Senior Project Engineer
0891-2858902,
Mob-
+919845262466
2 IPS-1
VVSPL, IPS-1:
Hindustan Petroleum
Corporation Limited
VVSPL, Intermediate
Pigging Station-1,
M.B.Patnam (V),
Nathavaram (M),
Narsipatnam (T)
Visakhapatnam
Andhra Pradesh- 531
115
14495-00-PP-ITT-0047 155 of 170
3 VVSPL-
Rajahmundry
VVSPL- Rajahmundry:
Hindustan Petroleum
Corporation Limited,
VVSPL, Rajahmundry
Booster Station,
Korukonda-
Gokavaram Highway,
Gummaladoddi
Rajahmundry
Andhra Pradesh - 533
289
BANOTHU
KRISHNA,
Manager
Operations
BANOTHU KRISHNA,
Manager Operations
0883-2496602 ,
0883-2496595
Project office -Komma
Vikas Reddy 09493568286
4 IPS-2
IPS-2:Hindustan
Petroleum Corporation
Limited
VVSPL, CP station-115/
IPS-2
Guntupalli,
Kamavarapukota, West
Godavari
Andhra Pradesh- 534
449
5 VVSPL-
Vijayawada
VVSPL- Vijayawada:
Hindustan Petroleum
Corporation Limited
VVSPL, Vijayawada
Booster Station
Kattubadipalem,
Kondapalli
Krishna District,
Vijayawada
Andhra Pradesh- 521
228
RANJAN
BHOWMICK,
Chief
manager-
Operations
RANJAN BHOWMICK,
Chief Manager-
Operations
0866-2872606
6 VVSPL-
Suryapet
VVSPL- Suryapet:
Hindustan Petroleum
Corporation Limited
VVSPL, Suryapet
Booster Station
Imam pet village,
Suryapet, Nalgonda
District
Andhra Pradesh- 508
213
P ANAND
VICTOR ,
Manager-
Operations
P ANAND VICTOR,
Manager-Operations 08684-200558
14495-00-PP-ITT-0047 156 of 170
7 SV-17
VVSPL, SV-17:
Hindustan Petroleum
Corporation Limited
VVSPL, Sectionalizing
valve station-
17Bogaram village,
Ramanapeta mandal
Nalgonda District
Telangana- 508 113
8 VVSPL-
Ghatkesar
VVSPL- Ghatkesar:
Hindustan Petroleum
Corporation Limited
VVSPL, Ghatkesar
receiving station
Ankushapur village,
Ghatkesar,Rangareddy
District
Telangana- 501 301
SURESH
KUMAR R,
Chief
Manager-
Operations
SURESH KUMAR R, Chief
Manager- Operations 040-939366689
14495-00-PP-ITT-0047 157 of 170
Annexure-X BANK GUARANTEE FOR SECURITY DEPOSIT
(On Non-Judicial stamp paper of appropriate value)
To : Hindustan Petroleum Corporation Limited (Address as applicable) IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED, a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called "The Corporation" (which expression shall include its successor in business and assigns) having placed an order on Messers ............................ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at .............. (hereinafter called "the supplier") (which expression shall include executors, administrators and assigns) vide order No....................... dated.............. (hereinafter called "the order" which expression shall include any amendments/alterations to "the order" issued by "the Corporation") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" having agreed : a. not to insist upon immediate payment of Security Deposit for the fulfilment and
performance of the said order b. that "the supplier" shall furnish a security for the performance of "the supplier's"
obligations and/or discharge of "the supplier's" liability in connection with the said "order"; and "the Corporation" having agreed with "the supplier" to accept Bank Guarantee for the security deposit.
We, .................................................... Bank having office at ............................................ (hereinafter referred to as "the Bank" which expression shall includes its successors and assigns) at the request and on behalf of "the supplier" hereby agree to pay to "the Corporation" without any demur on first demand an amount not exceeding ₹ ........... (Rupees.............................only) against any loss ordamage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfilment or for any breach on the part of "the supplier" of any of the terms and conditions of the said "order".
2. We, ............................. Bank further agree that “the Corporation" shall be sole judge whether the said "Supplier" has failed to perform or fulfill the said "order" in terms thereof or committed breach of any terms and conditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by "the Corporation" on account thereof and we waive in the favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Supplier" may be entitled to.
3. We, ................................. Bank further agree that the amount demanded by "the Corporation" as such shall be final and binding on "the Bank" as to "the Bank's” liability to pay and the amount demanded and "the Bank"undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the Supplier" or any suit or other legal
14495-00-PP-ITT-0047 158 of 170
proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.
4. We, .................................. Bank further agree with "the Corporation" that "the Corporation" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "order"/or to extend time of performance by "the Supplier" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Supplier" and to forbear to enforce any of the terms and conditions relating to "the order" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Supplier" or for any forbearance, act or ommission on the part of "the Corporation" or any indulgence by "the Corporation" to "the Supplier" or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us.
5. However, it has been agreed between "the Supplier" and "the Corporation" Bank Guarantee for security deposit is Valid upto a period of 3 (Three) months beyond the expiry of the defects liability period as per the terms of the Order No. _______________ dated __________.
6. Not withstanding anything contained herein above : i. Our liability under this guarantee shall not exceed ₹ .......... ii. This Bank Guarantee shall be valid upto and including .......; and i. We are liable to pay the guarantee amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or # before the expiry of 30 days from the date of expiry of this guarantee.
7. We, ........................................ Bank further undertake not to revoke this guarantee
during its currency except with the previous consent of "the Corporation" in writing.
8. We, ......................................... Bank lastly agree that "the Bank"'s liability under this guarantee shall not be affected by any change in the constitution of "the Supplier".
9. “The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the Agreement/Contract or MOU entered into between "the Supplier" and "the Bank" in this regard.
IN 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")*
14495-00-PP-ITT-0047 159 of 170
Annexure- Y
ARBITRATION CLAUSE
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 contract, 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 contract (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 contract 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 nominate an 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 Chief Manager & above or any retired officer of the Central Government not below the rank of a Director to the Govt. of India, 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 (employee) and/or shareholder of the owner, another Govt. Company or the Central Government or that he/she has to deal or had dealt with the matter to which the contract relates.
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, 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.
5) 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.
6) The Award of the Sole Arbitrator shall be final and binding on the parties to the
contract The work under the Contract shall however, unless suspended by the Owner, 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.
14495-00-PP-ITT-0047 160 of 170
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 ₹ 70,000/- per case for transportation contracts and ₹1,00,000/- for engineering contracts. Reasonable actual expenses for stenographer, etc. will be reimbursed. Fees shall be paid stage wise i.e. 25% on acceptance, 25% on completion of pleadings/documentation, and balance 50% on completion of arguments and receipt of award by the parties.
9) Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act,
1996 or any 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 (say Mumbai*) for all purposes. The Arbitration shall be held at a place convenient to both parties and failing an agreement, the Arbitrator shall decide the venue. The Arbitration shall be conducted in English language.
11) The Appointing Authority is the Functional Director** of Hindustan Petroleum Corporation
Limited.
(Note:- * = Delete the bracketed portions after mentioning the correct place. )
** Procurement Authorities may mention, the proper designation whether Director-Marketing or Director-Refineries.
14495-00-PP-ITT-0047 161 of 170
Annexure- Z
DETAILS OF P.F. REGISTRATION TDS / Tan / ESIC
Bidder to furnish details of Provident Fund/TDS/Tan/ESIC Registration:
PF REGISTRATION NO. :
DISTRICT & STATE/ DETAILS :
We hereby confirm that the above PF/tds/Tan/ESIC Account is under operation presently and shall be used for all PF/TDS/Tan/ESIC related activities for the labor engaged by us in the present work (if awarded to us).
(SIGNATURE OF BIDDER)
14495-00-PP-ITT-0047 162 of 170
Annexure- AA
DETAILS OF PLANT AND EQUIPMENT OWNED BY BIDDER AND AVAILABLE FOR IMMEDIATE DEPLOYMENT & LIST OF EQUIPEMENTS, TOOLS & TACKLES PROPOSED TO BE DEPLOYED FOR RESPECTIVE JOBS TO BE SUBMITTED IN THE FOLLOWING FORMAT. – DELETED
14495-00-PP-ITT-0047 163 of 170
Annexure- AB
DETAILS OF PROPOSED HEAD OFFICE AND SITE ORGANIZATION –DELETED
14495-00-PP-ITT-0047 164 of 170
Annexure- AC
LIST OF TECHNICAL STAFF - DELETED
14495-00-PP-ITT-0047 165 of 170
Annexure- AD
DETAILS OF MEASURING & TESTING EQUIPMENT AVAILABLE WITH BIDDER FOR USE ON THIS WORK – DELETED
14495-00-PP-ITT-0047 166 of 170
Annexure- AE
COMMERCIAL QUESTIONNAIRE NOTE: The Commercial Questionnaire has been posted online only for e-tender.
14495-00-PP-ITT-0047 167 of 170
Annexure- AF
CHECK LIST FOR SUBMISSION OF BID
(COMMERCIAL PART)
Bidders are requested to submit the checklist duly filled-in along with original and each copy of “Unpriced bid”. This check list will facilitate the bidder to ensure that the necessary data/ information as called for in the bidding document has been submitted by them along with their offer. This, however, does not relieve the bidder of his responsibilities to make sure that his offer is otherwise complete in all respects:
Please confirm compliance and submission of documents by marking tick ( )
S. N0. DESCRIPTION COMPLIED/
SUBMITTED
1.0 Techno-commercial part of the bid with all the details have been submitted
Yes/No
2.0 Following details have been submitted in the Unpriced part:
i)
ii)
Covering letter
Power of Attorney in favour of the person who has signed the bid on stamp paper of appropriate value.
Yes/No
Yes/No
iii) Bid Security/ Earnest Money Deposit (EMD) as per the
Proforma enclosed with General Terms and Conditions for Works Contract.
EMD complies requirement of Yes/No
a) Speci f ied Bank Yes/No
b) A m o u n t Yes/No
c) V a l i d i t y Yes/No
iv)
Specific Experience as called for in "Qualification Criteria" of Notice Inviting Tender along with Annexure- AC of Chapter-9 – DELETED
Yes/No
v) Details of experience on works of similar nature executed during the last seven years as per Annexure-Q of Chapter-9
duly filled in all the columns against “Yes under column titled “Complied/Submitted”: Yes/No
14495-00-PP-ITT-0047 168 of 170
S. N0. DESCRIPTION COMPLIED/
SUBMITTED
Vi) List of plants & equipments proposed to be deployed as per Annexure-AA of Chapter-9 – DELETED
Yes/No
vii) Site Organization Chart proposed as per Annexure-AB of Chapter-9 - DELETED
Yes/No
Viii) Annual turnover Statement as per Annexure -L of Chapter -9 Yes/No
ix) Compliance to Bid Requirement as per Annexure-R of Chapter -9
Yes/No
x) Reply to commercial questionnaire as per Annexure- AE
to ITB.
Yes/No
Xi)
xii)
Details of PF/TDS/Tan/ESIC Registration No. as per Annexure- Z to Chapter-9.
Fresh solvency certificate from your Bankers Date of Issue of this certificate should not be earlier than one year from the due date of opening of Techno-Commercial part.
a) Certif icate date
Yes/No
Yes/No
b) From (Name of Bank)
xiii) Organization Details:
a) In case of a proprietorship firm, the name and address of proprietor, and certified copy of "Certificate of Registration of firm".
b) In case Bidder is a partnership firm, certified copy of the partnership deed.
c) In case of company (whether private or public), certified copy of the `Certificate of Incorporation' together with certified Memorandum/Articles of Association.
Yes/No
Yes/No
Yes/No
xiv) Schedule of construction in the form of Bar Chart/Pert Chart- DELETED
Yes/No
xv) QA/QC Program relevant to this work Yes/No
xvi) HSE Program relevant to this work Yes/No
3.0 Confirm that proper page nos. have been given in sequential way in all the documents submitted along with your offer with Index. DELETED
Yes/No
14495-00-PP-ITT-0047 169 of 170
4.0 Original copy of Bidding Document and its Addendum (if any), duly signed & stamped on each page by authorized bid signatory.
Yes/No
5.0 Price bid is submitted on-line
Yes/No
6.0 Confirm that any cutting/overwriting in the "PRICE-PART" has been signed in full and stamped. - DELETED
• Specific Loading, Transportation and Unloading requirements (e.g. fabricated lifting frame)
• Storage / Separation requirements
• Any permits or specific approvals or Certification required?
• Material Safety Data Sheets
• Noise limits (85 dBA) and subsequent noise reduction measures
• Health Assessments
• Operator Licenses, Certificates
• Specific Personal Protective Equipment
• Specific Fire or emergency instructions
• Specific environmental monitoring
• Waste Management /Disposal requirements
• Subsequent impacts on interfacing with other construction work groups or client operations
CONTRACTOR HSE MANAGEMENT PLAN
14495-00-HS-PLN-0001 Rev : A Page 55 of 83
8.24.2.2 INSPECTION
Contractor qualified competent person (i.e. Electrician and/or Mechanical Personnel) shall inspect and verify
the condition of all static plant and equipment prior to delivery to the work site.
All static plant and equipment shall be formally inspected every 3 months and color tagged in accordance
with the portable electrical inspection and tagging requirements.
8.24.2.3 MAINTENANCE
The contractor shall perform plant and equipment maintenance in areas within the work site approved by
WorleyParsons. The contractor shall ensure all static plant and equipment under its direct and indirect
control is maintained in good working condition, leak free and in accordance with the manufacturer’s
requirements.
8.24.2.4 RECORDS
The contractor shall establish and maintain records of all static plant and equipment used at the worksite for
the duration of its scope.
8.24.3 Machine Guarding
The Contractor shall ensure machines are fitted with guards so as to prevent access to parts, which may
constitute a hazard to personnel (e.g. moving parts, very hot or very cold parts, etc.). Guards to parts where
access is not necessary for operation, inspection, and maintenance or cleaning shall be fixed. The design
and installation of guards shall be such so as not to interfere with the normal operation or maintenance of
the equipment. Machine guarding and interlocks shall be inspected and maintained at regular intervals. Full
records of inspection and maintenance shall be kept.
8.24.4 Spray Painting & Powder Coating
The contractor shall develop and implement structured methods for spray painting and powder coating
activities associated with its scope of work. The processes shall include
• Risk assessment
• Spray painting and powder coating inside and outside a spray booth
• Ventilation and extraction systems
• Training and instruction
• Maintenance of plant and equipment
• Storage and disposal of paint solvents and chemicals used in the processes.
• Fire and explosion con prevention
CONTRACTOR HSE MANAGEMENT PLAN
14495-00-HS-PLN-0001 Rev : A Page 56 of 83
8.24.5 Noise
The contractor shall have a system in place to identify those at risk from noise exposure and to reduce that
exposure. A Noise Exposure Assessment shall be carried out as part of the site planning process and then
reviewed and updated when circumstances change for works conducted under the control of the contractor.
Noise reduction measures should be developed throughout the period of the project. Where a noise
assessment indicates personnel may be exposed to noise levels equivalent to excess of 85 dBA (or lower
when mandated by local regulation) for the duration of an 8 hour working shift, a noise management plan for
the work shall be implemented. A noise management plan (potentially part of a broader environmental
management plan) may require advice from an acoustic specialist, particularly where works are proposed
outside of normal working hours in noise sensitive areas.
All mechanical plant (including power plant) is to be silenced by the best practical means using current
technology and maintained to the manufacturer’s specifications. Internal combustion engines are to be fitted
with a suitable muffler in good repair.
Community consultation may be required for large-scale projects or high-impact works. Where the
community will be significantly impacted, consultation with the community shall be done in conjunction with
WorleyParsons and/or customer.
The exposure measurement levels shall be defined and assessed by applied local legislation, international
standard or equivalent (e.g. utilizing dBA, Lex or Leq).
Equivalent noise exposures
Noise level in dBA Minimum exposure
83 dBA 12 hours
85 dBA 8 hours
88 dBA 4 hours
91 dBA 2 hours
95 dBA 50 minutes
105 dBA 5 minutes
140 dBA (LC, peak noise) Nil
8.25 Performance Testing, Commissioning and Start-up
A programmed schedule of works shall be provided to Worley Parsons in support of the overall
commissioning process. The Contractor shall establish a series of performance testing, commissioning and
start up work method statements applicable to the scope of works. The procedures may cover but not limited
to
CONTRACTOR HSE MANAGEMENT PLAN
14495-00-HS-PLN-0001 Rev : A Page 57 of 83
• installation verification;
• pre-functional testing;
• functional performance testing;
• calibration;
• adjustment; and
• Tuning.
The work method statements shall be submitted to Worley Parsons for approval 21 days prior to
commencing the commissioning process.
The contractor shall ensure effective HSE risk control measures are incorporated into the established
procedures/checklists associated with each step of the commissioning process for each item of equipment/
system. The outcomes from the risk assessment will deliver, but not limited to, the recommended safety
control measures to be implemented by the Contractor.
The contractor shall maintain Permit to Work processes throughout the performance testing, commissioning
and start up works. All personnel (including subcontractor) engaged by the contractor to conduct the
performance testing, commissioning and start up work shall be qualified and experienced in such works.
During all the commissioning activities, the contractor shall involve customer operating personnel (nominated
by Client) and impart necessary techniques and knowhow required for safe operation and maintenance of
the facilities.
8.26 Personal Protective and Lifesaving Equipment
The contractor shall develop and implement a Personal Protective Equipment (PPE) program that addresses
the hazards to be encountered; selection, safe use, inspection and maintenance, training of personnel and
monitoring to ensure ongoing effectiveness.
The contractor PPE selection process shall not solely be based upon cost. Consideration needs to include
but not limited to: 1) work environment factors, 2) job task factors (e.g. degree of dexterity, durability,
characteristics of items being handled), 3) personal factors (different sizes and shapes).
The contractor shall develop in table format information relating to the minimum PPE to wear for various
work activities to be performed associated with its scope.
Minimum PPE standard for site entry is as follows:
• Long sleeve shirt made from natural fibers only, with collar and with sleeves rolled down and
buttoned at the cuff, preferably with high visibility and reflective strips;
• Long Trousers / Overalls made from natural fibers only shall be worn at all times, preferably with
high visibility and reflective strips;
• High visibility vest (if no high visibility apparel);
CONTRACTOR HSE MANAGEMENT PLAN
14495-00-HS-PLN-0001 Rev : A Page 58 of 83
• For night or underground operations, all persons wear an outer vest or webbing harness fitted with
reflective material so as to be visible from all directions; or have panels or strips of reflective material
securely attached to their clothing so as to be visible from all directions.
• Safety helmets or hard hats; i.e. NOT bump-caps shall be worn at all times. Hat accessories such as
wide brim, hard hat liners and other apparel to protect neck and head are recommended for outdoor
climatic conditions;
• Steel capped safety footwear with ankle support and mid-sole penetration protection shall be worn at
all times. Non-metallic composite toe capped boots, slip on or elastic sided boots are not permitted,
• Safety glasses with side shields shall be worn at all times. (If required to wear prescription glasses
these will also be safety glasses with side shields. Contact lenses are permitted, provided safety
glasses/goggles are worn, but are not permitted when wearing a full face respirator in presence of
H2S). Over-spectacles are only permitted for visitors; i.e. not for those carrying out work at the site;
• Gloves shall be worn for all work tasks except where the task risk assessment demonstrates that
wearing gloves significantly increases the risk. Gloves shall be suitable to the work task involved
and be in good condition. All personnel, including visitors, shall carry a pair of gloves on their person
at all times;
• Hearing protection shall be worn in designated and sign-posted areas and when undertaking noisy
tasks or in areas where there is excessive noise.
Lifesaving equipment (fall protection, fall arrest harness, respiratory protection, and floatation devices) may
be required by hazard identification processes. Contractor personnel shall be trained and where required
certified to use this equipment.
All PPE and lifesaving equipment provided by the Contractor shall comply with relevant local and
international standards e.g. ANSI, ISO, EEC, AS/NZS, API, etc. and be maintained to manufacturer’s
recommendations.
8.27 Safe Work Conditions
8.27.1 Barricading and Signage
The contractor shall ensure barricades and barriers are in place where required by risk assessments or
methods of work and include but not limited to such works as civil installation works, explosive powered tool
use, demolition, hazardous installation works, commissioning and start-up etc.
Barricades and barriers are required for:
• Segregation of personnel from operating equipment (cranes, forklifts, etc.)
• Segregation of operating equipment from operating plant, including high voltage power lines, and
excavations / mines
• Prevention of access to potentially unsafe areas (confined space, high voltage, rotating equipment
etc.)
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• Proximity to high temperature or pressure or high voltage
• Traffic management and segregation
• Containment of dust or particulate substances in the atmosphere (e.g. spray paint, sand blasting
dust, asbestos etc.)
• Falling into open penetrations/cavities/man-holes/where grating or decking has been removed etc.
• Prevention of access to decommissioned facilities, walkways, lifts etc.
• Prevention of access to non-authorized personnel (as controlled by permit to work – not security)
including during non-work hours
• Segregation from specific potentially hazardous work processes (i.e. radiation, pneumatic/hydro
testing, scaffolding, rigging,
• Segregation from discharges from use, storage or transport of hazardous materials
• Prevention of falling: from elevated work areas, or into water.
• Maintaining a controlled condition to allow certain work to take place (e.g. wind breaks, tents or work
covers for electrical work, welding)
• Segregation of installation personnel from commissioning and start-up activities
The use of plastic warning or hazard tape as a barricade is not permitted.
All barricading shall be accompanied with appropriate signage and information tags communicating the type
of hazard associated with the barricading and applicable contact information. The contractor shall maintain
all barricading and warning signs to a high standard and immediately remove it when no longer required.
8.27.2 Notices and Signs
Where an identified workplace hazard cannot be eliminated, the contractor shall ensure that signage
appropriate to the hazard is posted. Signs shall be highly visible from all directions of approach,
standardized in color, shape, size, lettering, symbols and content while meeting local regulatory
requirements. Where there are no local regulatory requirements, the international standard ISO3864 shall be
adopted.
Symbolic signs shall be used in preference to word only or combined word-symbol signs. Where words are
used, they shall be in all languages that are in common usage at the site. Personnel shall be trained to
understand symbolic, safety and road signs, and take appropriate actions required.
Warning signs shall be periodically inspected to ensure they are clean and in the correct position.
8.27.3 Housekeeping
A systematic housekeeping program shall be implemented by the Contractor to eliminate hazards and
potential incidents occurring from substandard housekeeping practices.
Contractor line management shall communicate and frequently reinforce expectations regarding
housekeeping standards. The contractor shall conduct weekly safety walkthroughs and loss prevention
inspections to systematically monitor housekeeping standards
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The contractor shall provide containers for the collection and separation of waste, trash, oily and used rags
and other refuse. Metal (Dumpster type) containers must be used and emptied promptly. Garbage and other
waste shall be disposed of at frequent and regular intervals to approved waste disposal facilities.
The contractor shall bear all costs associated with the cessation of work and clean-up including, where
necessary, Third Parties being brought in to facilitate the clean-up process to the required standard.
8.28 Scaffold, Stairways and Ladders
The contractor shall have in place a system to ensure only competent personnel design, supervise, erect
and approve scaffolding, stairs and walkways. The Competency Register shall be used as a minimum to
record this. Scaffolds, stairs and walkways shall be constructed and loaded in accordance with the
competent person’s design capabilities and experience.
The contractor shall verify all scaffolding, stairs and walkways comply with the requirements of
WorleyParsons recognized standards.
8.28.1 Scaffolding
The design and construction of scaffolding shall comply with a recognized local, national or international
standard. The contractor shall implement systems and processes in meeting the required standards for the
various scaffold configurations and types in use within the scope of works.
8.28.2 Ladders
The contractor shall ensure all portable and fixed ladders are inspected by a competent person on each
occasion before use; actions shall be taken to correct defects immediately. A ladder which has been
damaged or is defective in any way shall not be used for any purpose.
Glass reinforced plastic should be the material of choice and used for all portable ladders. Metal ladders and
ladders with metal stiles or reinforcing shall not be used in any application where they may come into close
proximity of any live electrical circuit. Wooden ladders, where allowed, shall not have any part painted other
than a small area for identification purposes.
Wire rope ladders shall be constructed from flexible steel wire rope. Wire rope ladders shall be proprietary
brand ladders manufactured to a recognized local, national or international standard.
8.29 Simultaneous Operations/Activities
The contractor shall have established procedures in place to manage the activities and risks associated with
Simultaneous Operations (SIMOPS). The procedures may involve SIMOPS processes incorporating but not
limited to the following:
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The SIMOP process is repeated for each instance of SIMOPS activity. This takes place during the design
phase of the project allowing solutions to be designed and reviewed and a dossier prepared. This dossier
can then be reviewed as part of the preparation activities for implementation. In the event that simultaneous
operations introducing hazards are identified after the design phase (i.e. during construction and testing) the
SIMOPS methodology should be applied.
The first stage identifies the requirements for, and the specific area of operations involved and the parties
involved. Each operation is analyzed to ensure its requirements are fully understood. Once a SIMOPS has
been identified a kick off meeting should identify all the activities to be carried out.
An appropriate level risk assessment is conducted and should include known SIMOPS risks. A hierarchy of
control is developed for each work specific SIMOP activity and establishes the roles and responsibilities for
all involved with authority within the SIMOP.
Each party should draw up a dossier which provides a work specific summary for their part in the activities.
This shall include:
• The schedule and identification of main installation features and equipment to be utilized.
• A summary of the main hazards for each of the operations and work specific risk assessment.
• Mitigation strategies and precautions proposed.
• Escape route identification
• Weather limitations for each operation
• Communications including a schedule for normal work activities and emergencies
• Checklist of actions to be taken for each work specific SIMOPS operations
• Contingency plans
Each party reviews each other party’s work specific dossier in a systematic manner. This review will provide
a further analysis of any clashes to work and schedules and required interdependencies.
A SIMOPS Interface document is developed setting out the activities covered by the document and should
be applicable to all parties operations for the specified activity. A SIMOPS Matrix, where appropriate may be
developed to identify those activities permissible when conducted simultaneously.
Once the risk assessment has been completed an execution plan can be formulated taking into account the
prevention, control and mitigation measures identified. Part of the planning process shall include
preparation of emergency response identifying clear responsibilities and procedures to be followed in the
event of an incident
A daily pre operations briefing is undertaken to ensure that all parties are aware of roles and responsibilities
and hierarchy of controls and to validate all lines of communications, operational and emergency prior to
final authorization to proceed to begin. Job Hazard Analysis processes, pre start meetings etc. should be
used to brief personnel on the work to be carried out, what other activities are taking place and to ensure
that all are aware of the safety controls in place and they are satisfied with them
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Permit to Work (PTW) and applicable authorizations are managed through a single PTW by the Project
Manager or authorized nominee
Coordination and management of the SIMOPS is achieved through the arrangements established and set
out in the interface document.
A system is in place to monitor the hierarchy of controls to ensure all parties recognize any deviation from
the control limits and therefore apply an ‘all stop’ or change management processes as appropriate.
8.30 Transport
8.30.1 Land Transport
8.30.1.1 TRAFFIC MANAGEMENT
Where requested by WorleyParsons, based upon the significant movement of light vehicles or heavy mobile
plant, work location and/or combination of all factors, the Contractor shall develop a Traffic Management
Plan for review and acceptance post Contract Award. The Traffic Management Plan and the implementation
of such shall incorporate but not limited where applicable to the design of roads, parking, site road rules,
operating inside live plant areas, vehicle/pedestrian segregation, breakdowns, towing and housekeeping The
Contractor Traffic Management Plan is to be updated as conditions change and communicated to the
workforce.
The movement of any heavy vehicle or mobile equipment by the contractor shall be subject, as a minimum,
to a job hazard analysis, or personal hazard identification, involving the equipment driver / operator and the
Company or the Contractor supervisor responsible for the movement.
8.30.1.2 VEHICLE LOADING AND UNLOADING
Contractual agreements incorporating delivery service requirements and loading/unloading processes
utilized by the Contractor shall include proactive measures to eliminate risk of falls from vehicles.
Consultation shall occur between the transport company and the Contractor to ensure that an appropriate
delivery receipt plan for the loading, transport and unloading has been developed. A Job Hazard Analysis
(JHA) shall be completed before the start of any loading or unloading operation. Delivery vehicles which
arrive on site in such a way that a safe means of loading or unloading is not achievable then they should be
refused access to site and turned away until a safe means is achieved.
Every load must be restrained to prevent unacceptable movement. The load restraint system must meet
relevant regulated performance standards so that the load doesn’t shift when subjected to specific forces.
Over center lever binders, shall not be used by transport service providers who are engaged to perform
services.
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8.31 Underground
The contractor shall take all necessary measures to eliminate or minimize the safety and health risks to
contractor personnel assigned to underground activities. In conjunction with the underground site client, the
following control measures as applicable shall be implemented:
• Adequate training and retraining programs and comprehensible instructions are provided for
Contractor personnel for the work assigned
• Communication and signaling processes
• Electrical, mechanical and other equipment, including a communication system, are health and
safety certified for use in underground operations
• Ensure the monitoring, assessment and regular inspection of the working environment to identify the
various hazards to which the workers may be exposed and to assess their level of exposure. This is
no limited to:
o ventilation and dust control,
o poisonous gases,
o control of ignition sources,
o noise and vibration monitoring,
o temperature and humidity levels.
• Regular health surveillance of workers exposed to occupational health hazards specific to
underground work
• Adequate sanitation and first aid facilities
• Sufficient lighting to the activity undertaken
• Plant / person interaction including those with automated and remotely controlled plant and
equipment
• All persons wear an outer vest or webbing harness fitted with reflective material so as to be visible
from all directions; or have panels or strips of reflective material securely attached to their clothing
so as to be visible from all directions.
• In addition to correct PPE, the Contractor must ensure that any persons travelling or working
underground in the mine are provided with battery operated cap lamps that are of an appropriate
standard and have a sufficient capacity, with an adequate reserve, for the duration of that shift
• An emergency response plan for reasonably foreseeable industrial accidents and natural disasters.
This is not limited to:
• hazardous substances,
• fire and explosion,
• spontaneous combustion,
• inundation (fluids or gases),
• outburst/rock burst,
• strata/lining failure, and
• Ventilation.
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The contractor shall ensure that a procedure is established at the mine for checking all persons in and out of
the mine so that all persons are accounted for at the end of each working shift.
Every contractor haulage vehicle that a person rides on, or might ride on, and that operates in an
environment in which people are working should be fitted with the following items:
• Adequate lights
• An emergency supplementary steering system,
• A suitable fail-to-safe braking system
• An effective method for ensuring the vehicle is visible under all circumstances.
• Suitable firefighting equipment
• A reverse warning system
No internal combustion engine, other than a compression ignition diesel engine, should be installed or used
in an underground mine or tunnel. It should have Sulphur content of not more than 0.05% by weight; and be
free from dirt, sediment, and water.
8.32 Waste Management
The contractor is responsible for managing all solid and liquid wastes within the Scope of Works. The
contractor shall have in place procedures outlining processes for the management, handling, treatment and
disposal of waste substances and materials generated on the project site. The process shall identify the
waste streams likely to be generated across the project sites and the methods of waste control required to
ensure that legislative requirements are not breached.
In developing the waste management processes, The contractor shall adopt across the scope of sorks the
following hierarchy of waste management options:
• reduce and avoid waste generation
• reuse and recycle; and
• treat and dispose (where disposal is only the appropriate option if none of the above offers an
appropriate solution)
Wastes defined as hazardous according to Occupational Safety and Health Administration (OSHA) will be
taken off site to a licensed waste disposal facility for disposal. All sanitary wastewater will be directed to
package tertiary sewage treatment systems or removed offsite.
8.32.1 Liquid Emission / Discharge
The contractor shall have in place a Liquid Emissions / Discharges Management System used to identify,
assess and control activities that have the potential to cause discharges of liquids to surface water, drains,
and the ocean or onto land.
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The contractor system shall contain processes as applicable for the prevention of fugitive liquid emissions
through means including:
• bunding for all liquid storage facilities which are impervious and prevent the escape of liquids stored
• provision of oil in water interceptors and / or holding / settlement pits / tanks / ponds to allow the
separation of suspended solids and immiscible liquids;
• provision of continuous or batch sampling points for drainage systems with automatic or manual
rerouting facilities if specified liquid qualities are not met;
• provision of separate drainage systems / routing
• site vehicles require cleaning before they leave site and use public roadways to prevent their
contaminating the roadways with mud, etc.
• vehicles that require thorough seed, insect, rodent inspection and / or cleaning before entering the
site to prevent environmental contamination.
• opportunities for reuse / recycling of produced water from a dedicated site water treatment facility,
where provided, as is appropriate to the quality of the produced water:
• opportunities for the utilization of gray water and / or rain water should be considered where water
treatment facilities are unavailable.
Chemicals used on site will be waste managed according to their material safety data sheets.
8.32.2 Waste from works
The contractor shall avoid petroleum-based solvents where possible during construction and bio-degradable
cleaning products used instead.
The contractor must supply a waste volume update regularly to WorleyParsons, which will be recorded in a
register. This register is to track and detail final disposal of all wastes within the Contractor control.
8.33 Welding and Cutting
Unless in a designated hot work area, all welding and cutting activities undertaken by the Contractor shall be
covered by the appropriate hot/cold work permit and other permits as applicable e.g. confined space permit.
The contractor shall ensure safe work practices are implemented at all times during the welding and cutting
activities. Work method statements and supporting procedures shall be implemented to support the works
undertaken. The use of screens to protect nearby workers from welding glare shall be implemented by the
Contractor.
Exhaust and general ventilation systems used in the extraction/capture of toxic fumes, gases and dusts shall
ensure maximum exposure standard to personnel are not exceeded. In circumstances for which it is
impossible to provide such ventilation, airline respirators or hose masks approved for this purpose must be
used. Each contractor welder or cutter should have at least one 9.1Kg (20 lb.) all-purpose dry powder fire
extinguishers at the location where the welding or cutting is being performed.
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All contractor persons performing welding activities shall be competent and qualified for the class of work
being performed. The Contractor shall have a procedure in place to ensure this competency is maintained
and recorded formally
8.33.1 Compressed gas and oxygen cylinders
All cylinders shall be clearly marked stating contents and secured as per relevant local Standards. Cylinders
shall not be accepted onsite that are not properly labelled as to contents, capped and secured. The
contractor shall have procedures implemented to cover the transport and moving, placing, storing, use and
refilling of gas cylinders.
8.33.2 Grinding
The use of 9" (230mm) portable grinders for cutting and grinding activities is not allowed under any
circumstances. This requirement is effective for all new projects commencing from 1 July 2014.
The use of 7" (175mm) portable grinders for cutting should be avoided wherever possible. A Job Hazard
Analysis using the hierarchy of controls to eliminate the need to undertake this activity must be done by the
contractor and approved by a WorleyParsons. The use of 7" (175mm) grinders for grinding activities can
only be performed with approval by the WorleyParsons supervisor.
Prior to use all portable grinders shall:
• Be subject to a Job Safety Analysis (JSA) before use and the risk assessment reviewed and
updated accordingly if conditions change
• Be fitted with a 'dead man" switch if above 5" (125mm) in size
• Be fitted with a "soft start" / clutch mechanism if above 5" (125mm) in size
• Be fitted with a handle to allow two-handed operation.
All operators of portable grinders shall undertake Portable Grinder Safety training prior to commencing work
with grinders.
8.34 Golden rules for reducing risks.
Construction is a high-risk activity. This chapter covers the ‘5 Golden rules’ that will help you keep safe and healthy. Remember to:
• Plan and organize what you do
• Make sure you’re trained and competent and know the special risks in your trade
• Raise problems with your supervisor or safety representative. Rule # 1: THE BASICS Tidy sites and decent welfare
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Tidy sites and decent welfare are the basics of a good site. Slips and trips are the most common cause of injuries at work. An untidy site is a poorly managed site. All sites need decent welfare facilities. The minimum welfare requirements are:
• Clean toilets
• Running hot and cold water with soap and towels
• Basins large enough to immerse your arms up to the elbows
• Drinking water
• Some- where warm, dry and clean to sit and eat
• Poor welfare facilities can lead to ill health Rule # 2: PROTECTION TO AVOID FALLS FROM HEIGHT Falls from height are the biggest cause of fatal and serious injuries in construction. They account for 50% of all deaths. Many accidents involve falls from roofs, through fragile materials, from ladders and from leading edges. Generally, make sure you:
• Work from a safe and secure place or platform with proper edge protection
• Use scaffolds and scaffold towers that are competently erected
• Use powered access equipment safely
• Protect holes and leading edges, e.g. with guardrails and toe boards
• When working on roofs never:
• Work in poor weather
• Work on sloping roofs without edge protection
• Throw down waste or equipment
• Take care when working on or near fragile material - you can fall through as well as off it. Ladders: Only use ladders for light work of short duration if there’s no safer alternative .Angle and secure them to prevent slipping (1 out for 4up) .Always make sure ladders are properly maintained Never over-reach Rule # 3: PROPER MANUAL HANDLING Manual handling injuries from working with heavy, awkward materials, often in wet conditions, are one of the most common reasons why workers leave construction. Injuries are made worse by repetitive jobs, such as laying heavy blocks.
• Use mechanical means, e.g. hoists, tele-porters and chutes
• Choose equipment suitable for the job and keep it maintained
• Change to lighter materials, bags etc.
• Avoid repetitive handling
• Avoid awkward movements
• Protect yourself and reduce the strain Rule # 4: PROPER TRANSPORT ARRANGEMENTS
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Workplace transport incidents are the second most common cause of fatalities after falls from height.
• Use barriers and warning signs to separate vehicles and people
• Create clearance around slewing vehicles
• Avoid reversing – where you can’t, use trained banks men
• Make sure loads are secure
• Don’t use plant and vehicles on dangerous slopes
• Only take passengers on vehicles designed to take them
• Make sure vehicles are maintained and operators are trained
• When people and vehicles collide, people come off worse - so keep them apart! Rule # 5: PRECUATION WHILE WORKING ON ASBESTOS If you’re thinking of working in a building that was built or renovated up until the 1980s, you should assume it contains asbestos until proved otherwise. The main asbestos-containing materials (ACMs) are lagging, asbestos insulating board, sprayed insulation, decorative coatings and asbestos cement.
• Check if there is any ACM
• Find out what you need to do to work safely
• If in any doubt, leave it to the experts
8.35 SHE Passport – A Good practice guide.
This chapter on good practice guide describes that what a SHE Passport scheme is and also answers to some basic information about it and gives advice on good practice including a suggested core syllabus. SHE Passport scheme ensure that workers have basic health and safety awareness training and are a way of improving health and safety performance. They also help promote good practice and can help reduce accidents and ill health caused by work. They are especially useful for workers and contractors who work in more than one industry or firm. What are health, safety and environment Passports?
• SHE Passport shows that a worker has up-to-date basic health and safety or health, safety and environment awareness training. Some cover other subjects too.
• SHE Passports are a way of controlling access to work sites – only workers with valid Passports are allowed to work.
• They shall be of credit card size and made of strong plastic with a Photograph and signature.
• Workers can hold more than one SHE Passport if they have been trained for work in more than one industry.
• They are a very simple way for workers who move from one industry to another or work in more than one industry, to show employers they have basic training.
• A SHE Passport belongs to the worker not the employer.
• Some Certification Schemes operate like Passports.
• SHE Passport is a starting point for workers training for health, safety and environment qualifications.
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What should SHE Passport training cover? A SHE Passport holder should know about:
• The hazards and risks they may face;
• The hazards or risks they can cause for other people;
• How to identify relevant hazards and potential risks;
• How to assess what to do to eliminate the hazard and control the risk
• How to take steps to control the risk to themselves and others;
• Their safety and environmental responsibilities, and those of the people they work with;
• Where to find any extra information they need to do their job safely; and How to follow a safe system of work
How SHE Passport scheme will work? An industry or group of companies decide they want a way of ensuring that their employees and any suppliers, contractors, self-employed or agency workers they use have basic health, safety and environment training. They need to decide or consider that:
• What training is needed for workers;
• Qualifications and resources needed by trainers;
• How training will be delivered and assessed;
• How long a Passport will be valid for;
• Need for refresher training before renewal; and
• How records will be kept and checked.
• A training scheme is developed, piloted and fine-tuned.
Courses are offered to workers. It is important to check that training has been successful, so workers must pass a test or an assessment must be made before a SHE Passport is issued. Once the scheme starts, the industry or group of companies will not allow workers on their sites unless they hold an up-to-date and valid SHE Passport. Large firms often have their own ‘approved’ list of contractors. To join this list, contractors may have to demonstrate their health, safety and environmental performance. Having workers with Passports is one way to do this. SHE Passports shall not be:
• A way of knowing or identifying that a worker is competent;
• A substitute for risk assessment;
• A way of showing ‘approval’ of a contractor;
• A reason to ignore giving site-specific information; or
• A substitute for effective on-site management Benefits and advantages of Passport schemes
• They can help reduce accidents and ill health caused by work.
• They can have a significant impact in reducing pollution incidents, minimizing waste and contributing to a cleaner environment for everyone.
• Passports save both time and money because workers need less induction training.
• They show a company’s commitment to having safe and healthy workers
The following checklist covers both pre-mobilization and post-mobilization HSE tasks for contractors. This checklist may be added to with project specific requirements.
Requirements BSC Before Site Commencement Status at: (insert date)
M Mandatory (where applicable to scope)
BAC Before Activity Commencement AC Activity Complete
R Recommended C + X X days after commencement AP Activity Pending
NA Not Applicable C – X X days before commencement
WORLEYPARSONS REQUIREMENTS Requirement Remarks
1 CUSTOMER, REGULATOR AND COMPANY REQUIREMENTS
1.1 Review contractual agreements and project HSE specifications for HSE requirements and build them into the relevant HSE plan and process.
M BSC
1.2
Identify and familiarize with applicable statutory acts, regulations and codes
Identify and familiarize with statutory licensing and or permit requirements
Confirm project regulator liaison and project protocol for communication with the regulators
M BSC
1.3 Review project scope of work and identify/ document key HSE activities and deliverables. M BSC
1.4 Identify WorleyParsons requirements and determine if a gap assessment and bridging plan is needed M BSC
2 RISK ASSESMENT
2.1
Conduct a scope specific HSE risk assessment with WorleyParsons construction and HSE personnel as an input to the HSE plan
• Discuss and determine the extent of coverage provided by the existing facility emergency response team (if applicable)
M BSC
2.2 Ensure controls are identified for all extreme and high risks and are incorporated into HSE planning and programs M BSC
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2.3
Based on the HSE risk assessment identify specific HSE programs/initiatives needed that are not already covered by the WorleyParsons project program.
Develop (or raise awareness of existing) project specific plans or procedures addressing:
• High risk activities
• Physical, chemical and other hazards
• Medical surveillance requirements
• Construction environmental impact
• Project security
• Emergency action and response
• Special training requirements
M BSC
3 PLANNING AND APPROVALS
3.1
Review project schedule (particularly first six months) and identify key milestones. Input HSE aspects into the project start up plan i.e. 30/60/90 day look ahead
Add to the preliminary list of HSE deliverables based on schedule and ramp up/down/ holidays/phases of project, and submit for WorleyParsons approval
M BSC
3.2 Review HSE budget and confirm adequate for delivery of HSE program, or update R BSC
3.3 Clarify (and confirm alignment with what is documented) project HSE approval protocols and levels of authority associated with key positions
M BSC
3.4 Incorporate key deliverables and activities into project s-curve, and commence measurement and progress reporting
R BSC
3.5 Attend and participate in the project kick off meetings M BSC
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3.6
Define linkage between contractor HSE documents and overarching WorleyParsons project HSE plans. Commence development of priority HSE plans, procedures, standards and requirements as applicable and incorporate relevant aspects of WorleyParsons HSE plans and initiatives.
The following generic plans have been identified as typical for most larger projects, however many of these may have been developed by WorleyParsons for the project and may satisfy the requirements for the contractor organizations also:
• Project HSE Plan
• Office HSE Plan
• Journey Management Plans (including requirements for project related travel including visiting vendor and fabrication shops)
• Assurance Plan
• Security Plan
• Emergency and Crisis Plan
• Offsite fabrication
• Minor contracts
M BSC
Discuss requirements with WorleyParsons and clarify which plans will be developed by WorleyParsons, and which must be developed at contractor level. In many cases there may be a single overarching plan that everyone on the project must work under, regardless of employer.
3.7
Gain formal WorleyParsons approval for the project plans, and ensure:
• Project HSE plans address the contract conditions, top HSE risks, and the legislative requirements of the country where the scheduled activities are to take place.
M BAC
3.8 Develop HSE leadership program, and define personal KPI, site visits, observation behavior program (SAZ), response to incidents and celebrating success
M BSC
3.9 Develop HSE organizational chart and submit to the WorleyParsons HSE manager for approval.
Submit CV of the proposed HSE Manager to the WorleyParsons HSE Manager for approval. M BSC
3.10 Attend project HSE alignment sessions as required by the project management team. M BSC
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3.11 Develop key process metrics (KPI’s) specific to scope activities and identified risks in alignment with the project HSE program.
M BSC
3.12 Establish notification and reporting requirements including contractual and regulatory, and develop reporting templates
M BSC
3.13
Establish procedures and times for
• Job Start Meetings
• Prestart talks
• Tool Box Meetings
• Site HSE Meetings and communication
M BSC
3.14 Determine type and method of record-keeping, training database system and general files retention and procure if necessary (i.e., software programs etc.)
M BSC
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3.15
Define task specific competency requirements and develop and implement training and practical assessment, including:
• Induction (industry, project and site) for all personnel
• Supervisor ( Team Leader ) orientation and engagement program
• Risk assessment /work method statements
• Root Cause Analysis overview
• Serious About Zero (SAZ) or other safety conversation program
• Craft training programs and craft competency testing program
• Other specialty training as determined by hazard assessments (i.e. hazardous chemicals, etc.)
• Course Languages
• Training on HSE tools – JHA, step back, behavioural safety etc.
Agree delivery method – balance lecture style classroom teaching with practical hands-on training and workshop discussion. Take into account literacy, culture and language
M BSC
3.16 Develop and submit for WorleyParsons approval the scope specific HSE induction program M BSC
3.17
Ensure details of Qualifications/Certificates of Competency and Competency Assessments are submitted/approved for all personnel required to commence works:
• Crane Drivers
• Machinery operators
• Scaffolders
• Riggers/Dogmen
• Welders
• Other (specify)
M BSC
3.18 Identify safety critical positions and competency verification process M BSC
CONTRACTOR HSE MANAGEMENT PLAN
14495-00-HS-PLN-0001 Rev : A Page 77 of 83
3.19 If the project is to have golden rules, ensure a clear disciplinary process is in place to address any breaches. M BSC
3.20 Define the recognition program, including worker and supervisor recognition for safe work and safe behaviours M BSC
3.21
Develop templates for meeting schedules/agendas/Charters
Develop promotional and communications material, including:
• Posters/ banners/ stickers
• Newsletter/ weekly bulletin templates
• Other methods for providing whole of project HSE updates and communications
R BAC
3.22 Define the expectations and process for incident investigation, including expectations of line management and leadership.
R BAC
3.23 Plan for contractor readiness review (both desktop review of the premobilization deliverables, followed by an onsite post mobilization review prior to commencement of field execution work) to ensure that the required HSE planning, preparation and resourcing are in place.
M BAC
3.24
Develop risk based HSE assessment schedule. Include HSE self-assessments, independent assessments and readiness reviews in the schedule.
Ensure any sub-contractor organizations are included in the schedule. Top HSE risks associated with their scope must be assessed.
M BSC
3.25
Develop templates and schedule for HSE inspections on scope specific tasks aligned to HSE plan requirements and high risk activities (worksite, mobile equipment, rigging/lifting, scaffold etc.). Define level of management participation.
Include any sub-contractor organizations in the inspection schedule and associated activities.
M BSC
4 SUB-CONTRACTORS
4.1 Develop HSE prequalification and tender evaluation process for sub-contractors M BSC
CONTRACTOR HSE MANAGEMENT PLAN
14495-00-HS-PLN-0001 Rev : A Page 78 of 83
4.2 Following sub-contractor evaluations determine the level of training needed, and the appropriate supervision ratios
M BSC
Higher supervision ratios and training are required for workers and sub-contractors with limited exposure to the type of scope, size, complexity and phase of the project.
4.3 Conduct HSE kick off meetings with each sub-contractor M BSC
4.4 Conduct scope specific risk assessment with each sub-contractor and ensure all extreme and high risks are adequately addressed through HSE plans.
M BSC
4.5
Provide sub-contractors with project and work scope specific pre and post mobilization deliverables as soon as possible after award of contact .i.e. kick off meeting.
Include clear outline of any non-negotiable HSE requirements for the project, and ensure sub-contractors can work to the requirements outlined in the project contractor HSE specifications provided by WorleyParsons.
M BSC
4.6 Approve any sub-contractor HSE plans and training processes.
Undertake competency assessments of critical position personnel prior to mobilization. M BSC
4.7
Review sub-contractor readiness pre and post mobilization to ensure the pre and post mobilization deliverables are achieved and sub-contractor is set up to achieve zero harm outcomes.
Identify any areas where the sub-contractor may provide additional support and agree to a suitable improvement plan.
M BAC
If needed request guidance from WorleyParsons on strategies to best support sub-contractors working on the project.
4.8 Establish contractor regular meetings with each sub-contractor organization to review HSE performance and plan for the activities in the coming period.
M BAC
CONTRACTOR HSE MANAGEMENT PLAN
14495-00-HS-PLN-0001 Rev : A Page 79 of 83
4.9 Incorporate sub-contractor assurance activities into the assessment (audit) schedule M BAC
5 SITE SETUP
5.1
Identify and seek approval for any site establishment and mobilization. For remote sites or sites with camps consider:
• Medical and site emergency response
• Hygiene
• Messing
• Waste
• Security
• Site layout and traffic management
• Training facilities, including setups required for interactive training
M BAC
5.2 Identify the need for site wide radios and gain agreement to allocation of radio channels with WorleyParsons R BAC
5.3 Develop and submit work method statements and associated risk assessments for site mobilization/establishment works.
M BAC
5.4 If required by the contract obtain all necessary HSE related permits required for the performance of the work M BAC
5.5 Ensure project has made necessary arrangements with local emergency response authorities eg, Police, Ambulance, Hospitals, Fire Brigade.
R BAC
5.6
If not already provided by project, set-up local emergency transportation services provider, and confirm medical arrangements applicable for project personnel and subcontractors
Clarify what support (if any) is proposed to be provided by either WorleyParsons or the customer – security, emergency response, transport, etc.?
M BAC
CONTRACTOR HSE MANAGEMENT PLAN
14495-00-HS-PLN-0001 Rev : A Page 80 of 83
5.7 Ensure Emergency Response Procedures are adequate for scope of work and make sure all personnel undertake training in emergency response.
M BAC
5.8
Establish primary medical provider and panel of specialists. Provide selected consulting physician with appropriate forms for personnel visits.
Establish medical protocols/standing orders with consulting physician; get appropriate approvals.
Provide consulting physician with craft job descriptions for pre-employment physicals and restrictive work availability.
Notify and instruct the designated emergency response team (client or project) of consulting physician and preferred emergency care facilities.
M BAC
5.9 Develop details of random drug testing activities (i.e. on site collection process, point-of-contact for results, personnel notification process, etc.) and details of service provider
M BAC
5.10
Establish (or sign up to existing project) occupational health program with medical provider (include on/off site)
Develop and submit a health surveillance and fitness for work including pre-employment medical for WorleyParsons approval
M BAC
5.11 Set-up medical management/ workers’ compensation program M BAC
5.12
Set up accounts with HSE service providers eg:
• Personal protective equipment suppliers
• Emergency response equipment and or providers
• Medical suppliers
• Security contractors
• Third Party equipment inspectors
R BAC
CONTRACTOR HSE MANAGEMENT PLAN
14495-00-HS-PLN-0001 Rev : A Page 81 of 83
The following provides a suggested listing of HSE related documentation that may be required. It is not a comprehensive list. Go-bys (examples) can be provided by
WorleyParsons.
Specific initiatives that could be considered include: Consider establishing a library of: Training Programs should include but not be limited to the following:
• Buddy Manager Program
• Short Service Employee (SSE) Program
• Tool box talks
• Posters
• Project Induction
• Office HSE induction
• Contractor HSE supervisor
• JHA / WMS
5.13
Ensure inspections and tests have been performed on all equipment to be used on the site prior to mobilization
• Cranes and lifting apparatus
• Machinery and Equipment
• Vehicles
• Testing Equipment
M BAC
5.14
Ensure all temporary and portable electrical circuits are to be protected by Earth Leakage/Residual Current Detection devices and a process for regular maintenance and checks.
Ensure all portable electrical equipment items including leads inspected, tested and tagged
M BAC
5.15
Ensure all hazardous substances required for the work been identified and SDS approved and on site prior to bringing to site
Submit estimate and procedure for storage of fuel required where contractor is supplying
Submit for approval procedures and intended location for safe storage of gas bottles and hazardous materials.
M BAC
5.16 Ensure all facilities (lay down areas, fabrication yard, field and project offices are inspected to meet WorleyParsons and project requirements.
M BAC
5.17 Make appropriate arrangements for waste disposal including biological wastes (where applicable). If required develop a plan for disposal of solid, liquid and biological waste and submit for WorleyParsons approval.
M BAC
5.18 Identify and plan for any environmental monitoring and reporting activity M BAC
CONTRACTOR HSE MANAGEMENT PLAN
14495-00-HS-PLN-0001 Rev : A Page 82 of 83
• HSE Promotion and Awareness
• PPE Injury and Prevention Awards
• HSE Recognition Plan
• Project Golden Rules
• Haz-IDs and HSE Keys
• Take Time for Safety Program (Supervisors
• CARE Cards…step back 5x5
• Integrated Responsibility Table
• Behaviour Based Safety (BBS/SAZ) Program
• CARE and START Card Hazard
• Critical Safety Rules
• Monthly HSE Campaign
• Vulnerable Person (VP) Program
• Weekly Area HSE Assessment Program
• Craft competency assessment program
• Interactive learning program
• Stickers
• Flash reports
• Bulletin templates
• Screen savers
• Handbook
• D&A processes including testing
• Improvement campaigns
• Inclement weather
• short training/awareness packages
• Visitor Induction
• Returned worker induction
• H2S
• Norm
• Fire warden
• First aid
• Emergency response
• Height Safety
• Height rescue
• Confined Space
• Preventing Heat Stress
• Behavioral Based Safety
• Step back / pre-start risk assessment
• Hazardous substances
• D&A for supervisors
• Fire Extinguisher
• Manual Handling
• Permit to Work
• Incident investigation
• Defensive Driving
• Lifting & Rigging
• Scaffold awareness
• Office Safety Awareness
• Pre Start Talks for Supervisors
• Other craft specific training
CONTRACTOR HSE MANAGEMENT PLAN
14495-00-HS-PLN-0001 Rev : A
Appendix 3 Contractor HSE Leading and Lagging Key Performance Indicators
The below table includes typical project HSE KPI that may be utalised for monitoring HSE performance.
Purpose KPI Type
Review HSE Performance Lost Workday Case Frequency Rate (LWCFR) Lag
Review HSE Performance Total Recordable Case Frequency Rate (TRCFR) Lag
Review HSE Performance Business Motor Vehicle Crash Rate (BMVCR) Lag
Review HSE Performance Number of regulatory breaches Lag
Improve Leadership/Reduce HSE
Risks
HSE Observations/ Audits/ Inspections conducted vs. planned Lead
Improve HSE Communications % HSE Communications conducted v’s planned Lead
Reduce Risks and Impacts Response to audit findings % closed out Lead
Reduce reoccurring incidents and
near misses
% Incidents and near misses notified within 24 hours Lead
Reduce HSE Risks % actions closed out from HSE Risk Register Lead
Reduce Risks and Impacts/Improve
Leadership
% No. of HSE Observations planned versus actual.
% No. of HSE Workplace Inspections planned versus actual Lead
Reduce Risks and Impacts % Actions Implemented from HSE Behavioral Observations. Lead
Improve HSE Competency % Scheduled training and inductions completed. Lead
Reduce Incidents and
Impacts/Monitor HSE Commitment
% scheduled inspections completed Lead
Note:
Incident rates are based on injuries per 200,000 man hours worked
2.3 Battery Limits For Electrical Scope of Works ..................................................................... 6
3. DESCRIPTION OF WORK - SPECIFIC ............................................................................ 8
3.1 Car Parking structure work ................................................................................................ 8
3.2 Car Parking Structure: Solar power system work............................................................. 8
3.3 Material and Consumables ................................................................................................ 9
4. HSE AND QUALITY ASSURANCE ................................................................................. 10
5. VENDOR DATA REQUIREMENT LIST .......................................................................... 11
6. LIST OF ATTACHEMENTS ............................................................................................. 12
6.1 List of Design Basis ......................................................................................................... 12
6.2 List of Specifications ........................................................................................................ 12
6.3 List of Standard Drawings ............................................................................................... 12
6.4 List of Architectural Drawings / Sketches ....................................................................... 12
6.5 List of Plot Plan ................................................................................................................ 13
SCOPE OF WORK- CAR PARKING STRUCTURE
14495-00-CI-SOW-0005 Rev : A Page 4 of 13
1. INTRODUCTION
Hindustan Petroleum Corporation Limited (hereinafter referred to as "HPCL") has appointed WorleyParsons India Pvt. Ltd. as EPMC for the VVSPL capacity augmentation project.
Hindustan Petroleum Corporation Limited (HPCL) intended to carry out capacity augmentation of their existing cross
country multiproduct white oil pipeline “Visakh Vijayawada Secunderabad Pipeline” (VVSPL). VVSPL is a 572 Km
long cross country petroleum pipeline from Visakhapatnam to Secunderabad.
VVSPL has the following intermediate facilities:
• Visakhapatnam dispatch station at Ch. 0 km.
• Intermediate pigging station-1 (IPS-1) at Ch. 92.9 km.
• Rajahmundry booster cum receiving station Ch. 181 km.
• Intermediate pigging station-2 (IPS-2) at Ch. 264.5 km.
• Vijayawada booster cum receiving station Ch.349 km.
• Suryapet booster cum receiving station Ch.460 km.
• Secunderabad receiving station Ch. 572 km.
• In addition to the above 32 nos. of SV / CP stations.
This document presents scope for Car Parking structure at IPS-1, IPS-2 and IPS-3 stations for the VVSPL Capacity
Augmentation Project. The purpose of Scope of Work is to clearly define the Civil & Structural scope for the
associated Works.
SCOPE OF WORK- CAR PARKING STRUCTURE
14495-00-CI-SOW-0005 Rev : A Page 5 of 13
2. SCOPE OF WORK
The scope of work of this tender involves supply of all materials, design, fabrication, transportation, construction,
erection/installation, finishing, inspection of the Car parking structure at IPS-1, IPS-2 and IPS-3 locations.
The scope of work for Contractor involves the following, but not limited to:
• Structural steel work – Contractor is responsible for design, structural stability, fabrication, transportation and
erection/installation of structural steel work and roof mesh structure (roof mesh preferably made from ETFE-
Ethylene Tetrafluoroethylene) envisaged for the car parking structure. Contractor shall submit base frame
drawings along with the foundation loads for foundation design to HPCL/WP.
• The Car parking structure shall be with integrated roof mounted solar panel system. The Contractor shall be
responsible for the design, supply, installation, integration, inspection, testing and commissioning of roof
mounted solar power system, system for collection of rainwater and local recharge pit for rainwater
harvesting, solar power generation and storage. The solar power system will include all necessary
equipment’s and accessories viz. panels, inverters and other components to generate & store renewable
energy. Integrated solar powered LED lighting system with integral battery backup for the Car parking
structure, which can provide illumination level of min. 60 lux at grade level for the covered area for approx.
12 hrs of night period. The system shall also house remote monitoring system for volume of rainwater
harvested, solar power generated and micro climate sensors.
• Providing all necessary measures like temporary hard barricading to protect the adjoining facilities/activities
at the construction area. Removal of all temporary barricades and restoration of the area to original condition
after completion of works and as advised by the Engineer-in-charge.
• Demonstration of the installed Car parking structure considering the maintenance aspect over the design life
of the structure. Providing supervision for the demonstration of operation and maintenance philosophy for
the personnel working within the premises.
• Design analysis for structural stability shall be carried out to cover maximum wind speed as per
inspection, testing and commissioning at site of integrated roof mounted Solar power system with all
accessories and including LED lighting fixtures with integral battery backup for 12 hrs for Car parking
structure.
Contractor shall meet or exceeds all the requirement of the latest edition of the relevant IS/IEC codes,
statutory regulations, IE rules and CEA regulations. Any deviation from the codes and standards must
be approved in writing by Purchaser/Consultant. Such written approval must be obtained prior to the
commencement of any work which would constitute such a deviation.
The installation work shall confirm to the latest applicable electricity rules, all currently applicable
standards, regulations and safety codes of the locality where the installation is to be carried out.
Nothing in this specification shall be construed to relieve the Contractor of this responsibility
Refer respective specification for applicable codes and standards. Wherever applicable standards are not
mentioned, then accepted good engineering practices shall be followed and implemented during
execution of project with prior Purchaser’s approval. Contractor shall note that, safety shall not be
compromised throughout the execution of project.
2.3.2 Actual billing shall be done only on permanantely installed quantities and not on supplied quantities. Any
balance material supplied by Contractor but not installed at site shall be taken back by Contractor and
shall not be billed to Purchaser and/or Consultant. Any as built data required for extension of existing
equipment shall be obtained by Contractor at site.
2.3.3 Liasoning/co-ordination with statutory authorities and state electricity boards as required for obtaining
approvals. Any modification or additional requirements suggested by them shall be carried out by
Contractor without cost and time implications.
2.3.4 After safe delivery to site, Contractor shall be responsible for loading/unloading and maintaining
equipment/materials during storage and until they are handed over to Purchaser.
SCOPE OF WORK- CAR PARKING STRUCTURE
14495-00-CI-SOW-0005 Rev : A Page 7 of 13
2.3.5 Contractor shall be responsible to replace the damaged material/equipment supplied by him without cost
and time implications.
2.3.6 Engineering, Supply, installation and dismantling of construction power supply and materials as
required shall be Contractor’s scope.
2.3.7 The method statements, sketches, shop drawings such as conduit layouts, framing layouts etc as
required for installation, site testing and commissioning shall be provided by the Contractor for
Purchaser’s approval. The Contractor shall obtain Purchaser approval before use or implementation.
2.3.8 Contractor shall maintain record of all punch list items during site acceptance tests and final handover to
Purchaser. All punch lists items must be cleared before final acceptance/handover by Purchaser.
2.3.9 Skilled and unskilled manpower required during construction shall be provided by the Contractor as
required. Contractor shall provide qualified and competent personnel to supervise the installation and
carryout site testing and commissioning of equipment specified.
2.3.10 The makes of all electrical equipment/materials shall be selected from approved Vendor list of Purchaser.
The make and type of equipment/materials, if not specified in approved Vendor list, then shall be subject
to Purchaser’s approval.
2.3.11 Any changes, if necessary due to site conditions/requirements shall be carried out after obtaining approval
of Purchaser / Consultant or their representatives at site. The changes carried out shall be marked clearly
in the layout drawings and forwarded to Purchaser / Consultant for preparation of necessary ‘AS BUILT
DRAWINGS’.
2.3.12 Contractor shall be responsible for complete integration of new equipment or work with existing equipment
or facilities for safe, sustainable and reliable operation. Liasoning, interfacing, as built data, survey, tests,
validations, inspections, assessments etc as required for existing equipment or facilities shall be part of
Contractor's scope.
SCOPE OF WORK- CAR PARKING STRUCTURE
14495-00-CI-SOW-0005 Rev : A Page 8 of 13
3. DESCRIPTION OF WORK - SPECIFIC
3.1 Car Parking structure work
Contractor shall be responsible for Design, Structural Stability, Detail, Fabrication, Transportation, Erection / Installation, Construction & Inspection of following work:
A. IPS-1
� Car Parking Structure - Guest house area as per drawing no. 14495-00-ST-DSK-0003.
B. IPS-2
� Car Parking Structure - Guest house area as per drawing no. 14495-00-ST-DSK-0003.
C. IPS-3
� Car parking structure as per drawing no. 14495-00-ST-DSK-0003.
Contractor’s scope of work shall include Structural Steel work and any other work related to completion of Car parking structure construction. The Contractor shall adhere to approved project specifications, design sketch supplied by Consultant for completion of the work.
3.2 Car Parking Structure: Solar power system work
Contractor shall be responsible for Design, manufacturing, inspection, testing, supply, shipment, delivery to site, installation, integration, inspection, testing and commissioning at site of integrated roof mounted Solar power system as described below:
A. IPS-1
� Solar power system with all accessories (including inverter etc.) above Car Parking structure
� LED lighting with integral 12 hrs battery backup under Car Parking structure to provide min. 60 lux under the structure at grade level
� All interconnections including cables, connector, glands, earthing etc. from inverter, solar panels etc. shall be designed, supplied and installed by Contractor.
B. IPS-2
� Solar power system with all accessories (including inverter etc.) above Car Parking structure
� LED lighting with integral 12 hrs battery backup under Car Parking structure to provide min. 60 lux under the structure at grade level
� All interconnections including cables, connector, glands, earthing etc. from inverter, solar panels etc. shall be designed, supplied and installed by Contractor.
C. IPS-3
� Solar power system with all accessories (including inverter etc.) above Car Parking structure
SCOPE OF WORK- CAR PARKING STRUCTURE
14495-00-CI-SOW-0005 Rev : A Page 9 of 13
� LED lighting with integral 12 hrs battery backup under Car Parking structure to provide min. 60 lux under the structure at grade level
� All interconnections including cables, connector, glands, earthing etc. from inverter, solar panels etc. shall be designed, supplied and installed by Contractor.
3.3 Material and Consumables Scope of supply by CONTRACTOR shall be as follows:
• All material and consumables required for engineering, construction, erection/ installation, finishing and commissioning to complete the job.
• All tools, tackles, plant machinery, labour etc. to complete the job.
• All materials used for Car parking structure shall comply to following standards: i. Class B1 of DIN4102-1 standard for fire test of building materials ii. EN 13501-1: Fire classification of construction products and building elements Part1:
Classification using data from reaction to fire tests In addition to above, refer table below :
Size 5m*5m (16.4ft*16.4ft)
Total Height 3.6m (11.8ft)
Springing Point 2.1m (6.8ft)
Total Weight 400 kg
Technical Textile Option of PVDF Titanium Dioxide coated Membrane OR PTFE Membrane
or similar
Wind Tolerance 140 kmph (87 mph)
Structure and Finish Option of SS316 grade stainless steel
Installation Standardised base plate. Foundation work by others.
Filtration In-mast physical filtration
Integrated Solar Lighting unit Monocrystalline flexible lightweight panel with Li-ion battery and charge
controller with automated sensor-based controls
Lighting 40W efficient LED lamps (150 lux)
Certification GreenPro Certified, Structural certification as per National Building Code
Warranty
15 years on structure and 5 years on electrical components and 2 years
on battery and bidder shall submit the relevant certificates while handing
over.
Any other activity / work which is not listed here but required for completion / execution of work shall be in the scope of Contractor.
SCOPE OF WORK- CAR PARKING STRUCTURE
14495-00-CI-SOW-0005 Rev : A Page 10 of 13
4. HSE AND QUALITY ASSURANCE
Contractor shall execute all defined in this document in compliance with HSE & Quality management plan (Annexure to SCC of tender) as applicable for this type of work. Contractor shall carry out material testing for all construction material as per relevant standrad or as directed by Engineer-in-charge. Records of test results shall be preserved and documented properly and shall be made available for inspection on demand.
SCOPE OF WORK- CAR PARKING STRUCTURE
14495-00-CI-SOW-0005 Rev : A Page 11 of 13
5. VENDOR DATA REQUIREMENT LIST
Following documents shall be submitted to Owner / EPMC Consultant after award of contract:
Sr.
No. Description
With
Bids
Post Order Final
Documents
For
Review
For
Records
Prints + 1
Electronic
file
1 Method of statement for all major activities * * *
2
Method of statement for rerouting/relocating existing underground piping & cables
* * *
3 All manufacturer Test certificate * *
4 All Lab Test Certificate * *
5 All registers and Inspection reports as maintained /issued * *
6 Installation drawings * *
7 Operation and maintenance manuals * *
8 Base frame detail drawings including the foundation loads and anchor bolt type(Anchor bolt Supplied by Vendor)
* * *
9 Lux level calculations * * *
10 Wiring / Circuit diagrams * *
11 Catalogues, manuals for all electrical items * *
* Documents and / or drawings required.
Note - Soft copy of all the drawings and documents shall be submitted in CDs organized in a manner as per the directions of the Engineer-In-Charge. Rates quoted shall be inclusive of the same.
This specification covers the material and workmanship requirements for the following miscellaneous works.
Following Miscellaneous works have been covered in this specification:
i. Anti-Termite Treatment
ii. Heritage Plaster
iii. Paver Blocks
iv. SS Handrails
v. Tensioned Fabric Structure
SPECIFICATION - MISCELLANEOUS WORK
14495-00-CI-SPC-0010 Rev : 0 Page 6 of 23
2. REFERENCE DOCUMENTS
2.1 Codes and Standards
The Indian Standards and other referred standards (including all amendments and revisions) shall
be considered as part of this Specification. In case any particular aspect of work is not covered specifically
by these or any other relevant Indian Standard Specification, any other good engineering practice as may
be specified by the company shall be followed.
Following Indian standards including all amendments and revisions shall be considered as part of
this specification.
IS 6313 Code Of Practice For Anti-Termite Measures In Buildings
Part 1 - Constructional Measures
Part 2 - Pre Constructional Chemical Treatment Measures
Part 3 - Treatment For Existing Buildings
IS 8944 Chlorpyrifos Emulsifiable Concentrates
IS 383 Coarse And Fine Aggregates From Natural Sources For Concrete
IS 456 Plain And Reinforced Concrete- Code Of Practice
IS 2185 Specification For Concrete Masonry Unit
IS 2386 Methods Of Test For Aggregates For Concrete
IS 8112 Ordinary Portland Cement Grade, 43
IS 1542 Sand For Plaster
IS 1661 Code Of Practice For Application Of Cement And Cement-Lime Plaster Finishes
IS 1237 Cement Concrete Flooring Tiles – Specification
IS 12269 Ordinary Portland Cement, 53 Grade
IS 15658 Precast Concrete Blocks For Paving — Specification A 555 Standard Specification For General Requirements For Stainless Steel Wire And Wire Rods E 894 Standard Test Method For Anchorage Of Permanent Metal Railing Systems And Rails For
Buildings. E 935 Standard Test Methods For Performance Of Permanent Metal Railing Systems And Rails For
Buildings. E 985 Standard Specification For Permanent Metal Railing Systems And Rails For Buildings
SPECIFICATION - MISCELLANEOUS WORK
14495-00-CI-SPC-0010 Rev : 0 Page 7 of 23
2.2 Other Standards / Specifications
Specification for Earth Work 14495-00-CI-SPC-0001
Specification for Concrete Work 14495-00-CI-SPC-0002
SPECIFICATION - MISCELLANEOUS WORK
14495-00-CI-SPC-0010 Rev : 0 Page 8 of 23
3. ANTITERMITE TREATMENT
3.1 Scope
This specification establishes the materials and method of accomplishing pre-constructional anti-termite
treatment of soil for protection of buildings against attack by subterranean termites with the
usage of chemical emulsions in accordance with the procedure laid down.
3.2 Materials and Application
• Materials shall be chloropyrifos emulsifiable concentrates (1%) conforming to IS 8944 in water
Isofenphose or equivalent Government approved material shall be used for Anti-termite treatment.
• The treatment shall be carried out by a licensed and approved agency specialized in the field.
• Dosage of the application of emulsion given in this specification shall be treated as minimum
requirements. However in case of variation in dosage based on manufacturer’s recommendations,
the more stringent requirements shall govern.
• Apart from this specification, the work shall be carried out in compliance with IS 6313.
3.3 Procedure for Treatment
The treatment shall be carried out by an approved agency specialized in the field. Apart from this
specification, the work shall be carried out in compliance with IS 6313. In case of any contradiction, this
specification shall govern.
Site Preparation
Prior to start of chemical treatment, area(s), shall be made free from logs, stumps, timber off
cuts, leveling pegs, roots of plants/trees etc. Soil treatment shall start when foundation trenches/pits are
ready to take concrete masonry in foundations and plinth area ready for laying the subgrade. Treatment
shall not be carried out when it is raining or the subsoil water level is at the same or higher than the level
of treatment. In the event of water-logging of foundations, the water shall be pumped out and the chemical
emulsion applied when the soil is absorbent. Treatment of the excavated pits/trenches and backfill for
Foundations
• The bottom surface and the lower 300 mm side surfaces of the excavated pits/trenches
for foundations of masonry works and RCC plinth beams supporting such masonry works,
shall be treated with specified chemical emulsion @ 5 litres/m of the surface area.
However, no such treatment shall be required in case of pits/trenches made for RCC foundations
supporting RCC walls and/or columns.
• On completion of construction of masonry foundations, the backfill in immediate contact
with the substructure shall be treated in layers of 300 mm with emulsion @ 7.5 litres/m2 of the
vertical surface of the substructure (i.e. 7.5 x 0.300 = 2.25 litres/meter of perimeter) for each side.
SPECIFICATION - MISCELLANEOUS WORK
14495-00-CI-SPC-0010 Rev : 0 Page 9 of 23
The treatment shall be given after ramming of each layer of soil, by rodding the earth at 150 mm
centres close to the wall surface and working the rod backward and forward (parallel to the wall
surface) and then spraying the specified dosage of emulsion. The emulsion shall be directed
towards the masonry surfaces so that the soil in contact with these surfaces is well treated with
the chemical. After the treatment, the soil shall be tamped back into place. This shall be done for
full depth of the fill.
• For RCC walls and columns, the treatment as specified in (b) shall start from a depth 500 mm
below the finished ground level and shall be done upto the FGL.
3.4 Treatment of Plinth/Basement and Apron
• The top surface of the consolidated earth below the non-suspended floor slabs and the
peripheral aprons of widths upto 750 mm, the bottom surface and side surfaces of the excavated
pits for the basements shall be treated with chemical emulsion @ 5 litres/m2 of the surface area.
Holes 50 to 75 mm deep at 150 mm centres, both ways, shall be made on the surface with 12 mm
diameter mild steel rod and then emulsion shall be sprayed uniformly over the area. At expansion
joint locations, anti-termite treatment shall be supplemented by treating through the expansion
joint @ 2.0 litres per linear metre of joint after the subgrade has been laid.
• Treatment of Junctions of plinth filling and wall/column faces shall be done after making a
small channel 30 mm x 30 mm, by making rod holes 150 mm apart (upto the ground level) in the
channel and then by moving the rod backward and forward @7.5 litres/m2 of the vertical
wall/column surface, so as to soak the soil right to the bottom. The soil shall be tamped back into
place after the treatment.
3.5 Treatment of Soil along External Perimeter of Building
After the building is complete, the earth along the external perimeter shall be rodded at intervals of 150
mm and to depth of 300 mm. The rod shall be moved backward and forward parallel to the wall to break
up the earth and chemical emulsion poured along the wall @ 7.5 litres/m2 of vertical surface (i.e. 7.5 x
0.300 = 2.25 litres/metre of perimeter). After the treatment, the earth shall be tamped back into place.
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4. HERITAGE PLASTER
This work item shall be applied for Heritage textured finish on external surface of Brick masonry, external
concrete surfaces of buildings and structures.
4.1 Material
i. Cement to be used as per IS 8112.
ii. Sand to be used as per IS 1542 & fineness modules as per IS 1661 Table 2
Mix Proportion: As indicated below
1 cement: 6 sand by volume for First Coat and Second Coat of Heritage Textured Plaster.
4.2 Workmanship
• Maximum thickness of first coat: 13 mm and second coat as per manufacturer’s specification.
• Number of coats: 2.
• Minimum Curing Period: 7 days for first coat.
• Type - Heritage Textured Plater.
• Permissible variations in final level of plaster + 2 mm per meter in vertical plane.
• All undulations in final level of plaster shall be checked with straight edge, spirit level and line
strings (stretched).
• Any undulations exceeding permissible limits shall be rectified by CONTRACTOR at his own cost.
• Any hollowed plaster detected by tapping shall be rectified by CONTRACTOR at his own cost.
• Construction joints in wall plaster shall be horizontal as far as possible. No vertical or diagonal
joints shall be permitted unless approved by Engineer-In-Charge.
• In case of sweating of plaster due to excessively wet wall surface or wet mortar mix or high atmos-
pheric humidity, corrective measures shall be taken to eliminate sweating of plaster such as use
of heaters or dehumidifying agents like silica gel etc. during working period.
• Any minor cracks in mortar shall be rectified by CONTRACTOR at his own cost. If the cracking of
mortar is excessive, CONTRACTOR shall remove the plaster and re-do the work at his own cost.
Engineer-In-Charge’s judgment shall be final.
• The edges around duct openings, cable conduits, door and window openings, pipe sleeves, insert
plate and other embedded items shall be finished sharp or rounded as per drawings or as
instructed by Engineer-In-Charge. All openings and embedded items shall be properly covered
while mortaring and shall be cleaned after the final finished coat is completed.
• All corners of walls, junctions between floors and ceilings shall be finished perfectly vertical, and
rounded.
• RCC. Column edges shall be finished vertical and all sharp edges shall be rendered smooth.
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4.3 Work Elements to be Included
• Cleaning the surface of all laitance and loose particles and roughening the concrete surface ade-
quately to receive the mortar.
• Wetting the surface with water including adhesive before commencing plastering work.
• Preparing mortar level pads confirming to final thickness of mortar required as per Drawing, on the
wall surface regular intervals and at the same time checking the verticality of this final level of
mortar pads with plumb bob.
• Mixing of cement and sand with water either in a machine or manually to obtain uniform plasters
mix.
• Applying mortar mix with trowel, using steel trowel on the wall surface starting from top level and
gradually working down.
• Taking care to check that the mortar coat thickness does not exceed 13 mm for first coat.
• Smoothening the mortar with trowel to obtain a uniform surface without any waves.
• (8) After initial setting of the first coat, to roughen/comb the first coat to form the grooves with
wire brush taking care to see that the plaster does not fall off during combing operation.
• Curing of first coat with clean water continuously for specified days.
• Application of Heritage Textured Plaster coat shall be as per manufacturer’s specification
(BAKELITE HYLAM or equivalent) and by approved applicator.
• To check the surface undulations and verticality of final plastered surface by rules.
• Erecting all necessary scaffolding, walkways and platforms before starting the plastering work and
dismounting of the same after completion of the work.
• All edges around openings in walls to be finished as per drawings or as per instructions of
Engineer-In-Charge.
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5. PAVER BLOCK
This specification covers the workmanship, supply, transportation, stacking, installation, requirements of
materials, necessary equipment, testing, etc., for interlocking paver block paving.
5.1 Technical Requirements
5.1.1 Interlocking Paver Block
Material for Paver Block
Concrete interlocking block shall be in a variety of shapes like unpaved, diamond, octagonal, rectangular
and square, to design paving in herring bone pattern or other approved patterns as per owner’s
requirement. It shall be available in various colors. The paver block thickness shall be 100 mm as per
client’s requirement with a minimum compressive strength of 500 kg / cm2. Wearing & Water
absorption property shall be as per IS 1237.
Interlocking paver block should conform to IS 15658 and IS 456. The interlocking paver block shall have
anti-skid surface. If granite chips or other aggregate if used, the percentage used in the making of paver
block mix shall be specified & tested as per Owner/consultant requirement. If water repellant coating is
used for top coat the details shall be specified to Owner/consultant. The coating to be of approved
make & laid as per manufacturer’s specification. The colour, shade guarantee shall be furnished to
Owner/ consultant.
Concrete mixing shall be done in computerized batching plants. Proper steam curing shall be done in
stock yards. Moulds of high grade steel/special rubber moulds shall be used to achieve better edges.
• Cementations Materials – Ordinary Portland cement Grade 43 material conforming to IS 8112 or
Grade 53 material conforming to IS 12269. The cement content shall not be less than 300 Kg /
Cu. M in concrete.
• Coarse Aggregates shall be 12mm down grade size as per IS 383
• Fine Aggregate: Fine aggregates shall be as per IS 383; grading as per IS 2386 Part 1. Fine
aggregates shall consist of natural sand obtained due to natural disintegration of rock, which is
deposited by rivers, streams, crushed stone sand or crushed gravel sand, the use of sea sand
shall not be allowed. The sand shall be river sand, clean and free from impurities.
• Colored paving blocks shall have minimum content of inorganic pigment of 5% by weight of
cement content as per manufacturer’s instruction.
Physical Requirements for Paver Block
Paver block should conform to IS 15658
Absorption
The average absorption of the test samples shall not be greater than 5% with no individual unit greater
than 7% as required
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Resistance to freezing and thawing
The manufacturer shall satisfy the purchaser either by proven field performance or a laboratory freezing
and thawing test that the paving units have adequate resistance to freezing and thawing. If a laboratory
test is used, when tested in accordance with Section 8 of Method C 67 of ISO-DIS-4108, specimens shall
have no breakage and not greater than 1.0% loss in dry weight of any individual unit when subjected to 50
cycles of freezing and thawing. This test shall be conducted not more than 12 months prior to delivery of
units.
Abrasion Resistance
When tested, specimens shall not have a greater volume loss than 15 cm3 per 50 cm2. The
average thickness loss shall not exceed 3 mm.
Visual Inspection
All units shall be sound and free of defects that may interfere with the proper placing of the unit or impair
the strength or performance of the block. Minor cracks incidental to the usual methods of manufacture or
minor chipping resulting from customary methods of handling in shipment and delivery. Cracks shall be
identified & tested as per Owner /consultant requirement.
Sampling and Testing
The purchaser or his authorized representative shall be accorded proper facilities to inspect and sample
the units at the place of manufacture from the lots ready for delivery.
Rejection
In case the shipment fails to conform to the specified requirements, the supplier may sort it and
new specimens shall be selected by the purchaser from the retained lot and tested at the
expense of the supplier. In case the second set of specimen fail to conform to the test requirements, the
entire lot shall be rejected.
5.1.2 Sub-Base Preparation
Sub base preparation shall be as per drawing and shall depend on soil conditions. But generally cement
concrete paver blocks shall be laid on top for the driveway and parking over an evenly spread
sand cushion of 50 mm thick and 150 mm thick Wet Mix macadam in two layers. Each layer of 75 mm
thickness duly watered and rolled. The bottom layer shall have metal size ranging from 63 to 45 mm and
the top layer shall have metal size ranging from 53 to 22.4 mm. The sub base shall have thickness of 100
mm duly compacted with soil of CBR value above 20% or meeting 95% proctor compaction density test,
whichever is more stringent. The remaining layer shall be filled with soil to suit site conditions with CBR
value more than the CBR value of soil at the site. The requirement of the depth of construction as per the
requirement of CBR curves for flexible pavement design given in IRC 37. All layers shall be rolled with 80
to 100 KN smooth wheel power roller. If specified in drawing, geotextile application under soil sub-grade
would be required at location where soil conditions are poor. PCC bed course of concreting as per IS 456
shall be provided if shown in the drawing as per specific requirement of site condition.
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5.1.3 Installation of Paver Blocks
Precast Kerb stone shall be fixed on both sides to act as edge restrain then blocks are laid in between this
area. Pavers shall be laid in the patterns as shown on the drawings. Straight pattern lines shall be
maintained. Joints between the pavers shall be between 2 mm and 4 mm wide.
Gaps at the edges of the paved area shall be filled with cut pavers or edge units.
Cut pavers shall be placed along the edge with a double bladed splitter or masonry saw.
Low amplitude, high frequency plate vibrator capable of 1360kg to 2270 kg centrifugal compaction force
shall be used to vibrate the pavers into the sand.
The pavers shall be vibrated, sweeping dry sand into the joints and vibrating until they are full. This shall
require at least two or three passes with the vibrator. Vibration within three feet of the unrestrained edges
of the paving units shall not be permitted.
All work to within three feet of the laying face must be left fully compacted with sand-filled joints at the
completion of each day. Remaining un-compacted edge of the laying face and sand with
waterproof covering shall be covered.
Excess sand when the job is completed shall be swept off.
The final surface elevations shall not deviate more than 10 mm under a 3 m long straight edge.
The surface elevation of pavers shall be 4 to 6 mm above adjacent drainage inlets, concrete collars or
channels. Paver block shall be laid to slope as per drawing
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6. STAINLESS STEEL RAILING
6.1 Structural Requirements
6.1.1 Loads
Handrail, wall rail and Guardrail assemblies and attachments shall withstand a minimum concentrated load
of 200 pounds applied horizontally or vertically down at any point on the top rail. Infill area of guardrail
system capable of withstanding a horizontal concentrated load of 200 pounds applied to one square foot at
any point in the system. Load not to act concurrently with loads on top rail of system in determining stress on
guardrail. Handrail assemblies and guards shall be designed to resist a load of 50 pounds per linear foot
(pound per foot) (0.73 kN/m) applied in any direction at the top and to transfer this load through the supports
to the structure.
6.1.2 Materials
All Stainless Steel tubing to be 304 welded stainless steel tubing- 37.5 mm with smooth buffing and polish.
All lateral bars to be 12mm solid stainless steel with a smooth buffing and polish. All fittings to be 304
stainless steel. Top rail as 62mm stainless steel or 62mm wood using hard maple, oak, and cherry as per
sections detailed. All wood finishes being by others to facilitate matching of finishes. Grip rail to be 37.5 mm
O.D. stainless steel.
6.1.3 Fasteners
All mechanical fasteners used shall be manufactured from stainless steel.
6.1.4 Fabrication
All mitered and welded corners shall be ground smooth to match finish. Make exposed joints butt tight and
flush. Interior sleeves shall be used for typical splices. Fasteners are allowed at splice connection. Verify
dimensions on site prior to shop fabrication.
6.1.5 Preparation
Coordinate post setting drawings, diagrams, templates, instructions, and directions for installation of
anchorages. These include items such as sleeves, concrete inserts, anchor bolts, and miscellaneous items
having integral anchors that are to be embedded in concrete and masonry construction.
Coordinate delivery of anchorages to project site.
Coordinate that blocking is in place for all mounting fasteners.
Clean debris and dust from surfaces and embed holes thoroughly prior to installation.
Prepare surfaces using the methods recommended by the manufacturer for achieving proper results given
the substrate and project conditions.
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6.1.6 Installation
Install in accordance with manufacturer's drawings and direction.
Fit exposed connections accurately together to form tight joints except as necessary for expansion. Perform
cutting, drilling, and fitting required for installation of handrails. Accurately set handrails in location,
alignment, and elevation, measured from established lines and levels. Set posts plumb within a tolerance of
3 mm.
When fastening to in-place construction, provide anchorage devices and fittings to properly secure rail to in-
place construction. Examples of such devices include threaded fittings (for concrete inserts), toggle bolts
and through-bolts. Separate dissimilar materials with bushings, grommets or washers to prevent electrolytic
corrosion.
6.2 Submittals
Contractor to submit approval drawings to include the following:
• Section-thru details.
• Mounting methods.
• Typical Elevations
• Key plan layouts
Samples of manufacturer’s standard color chart. For custom colors 2 chips will be submitted for color match and approval by engineer-in-charge.
Shop Drawings: Drawings showing fabrication and installation of handrails including plans, elevations, sections, details of components, anchor details and attachment to adjoining units of work.
6.3 Quality Assurance
Source Limitations: Obtain each type of railing through one source from a single manufacturer.
6.4 Delivery Storage and Handling
Materials to be delivered to the job site in good condition and adequately protected against damage as
handrails are a finished product. Store on site in a safe location to avoid damage to finished materials.
Stacking should be done in a manner that will prevent bending. Store material in a clean, dry location away
from uncured concrete and masonry. Any protection on the railings during transportation should remain until
installed. Keep handling on site to a minimum. Exercise caution to avoid damage to finishes of material.
6.5 Project Conditions
Field Measurements: Where handrails and railings are indicated to fit to other construction, check actual
dimensions of other construction by accurate site measurements before fabrication; show recorded
measurements on final shop drawings.
Where site measurements cannot be made without delaying the railing fabrication and delivery, obtain
guaranteed dimensions from site drawings and proceed with fabrication of products to avoid delay in
"This drawing is prepared solely for the use of the contractual customer of
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WorleyParsons and WorleyParsons assumes no liability to any other party
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for any representations contained in this drawing."
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ABN 61 001 279 812
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WorleyParsons Services Pty Ltd
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Copyright C
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SHEET
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WORLEYPARSONS PROJECT No.
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SCALE
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403102-14495
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1:50
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VVSPL CAPACITY AUGMENTATION PROJECT
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CAR PARKING LAYOUT
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14495-00-ST-DSK-0003
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0
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1 OF 1
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0
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17-MAY-18
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ISSUED FOR TENDER
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PRG
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PRK
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SAJ
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PAR
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%%UNOTES
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1.ALL DIMENSIONS ARE IN MILLIMETRES AND LEVELS ARE IN METRES UNLESS ALL DIMENSIONS ARE IN MILLIMETRES AND LEVELS ARE IN METRES UNLESS NOTED OTHERWISE. 2.THSI IS A CONCEPTUAL LAYOUT, NOT FOR CONSTRUCTION. THSI IS A CONCEPTUAL LAYOUT, NOT FOR CONSTRUCTION. 3.CONTRACTOR TO DEVELOP THE SCHEME OF THE PARKING SHED FOR APPROVAL.CONTRACTOR TO DEVELOP THE SCHEME OF THE PARKING SHED FOR APPROVAL.