Hindustan Petroleum Corporation Limited s1

HINDUSTAN PETROLEUM CORPORATION LTD. MUMBAI REFINERY Attachment to PR#11-1813

HINDUSTAN PETROLEUM CORPORATION LIMITED B D Patil Marg, Mumbai- 400 074. Maharashtra, INDIA

TENDER DOCUMENT

(TECHNO COMMERCIAL DOCUMENT)

ZONAL CONTRACT-MECHANICAL MAINTENANCE AT MUMBAI REFINERY OF HPCL.

Basic Tender Document with Special Instructions to Bidders (SITB) & Special Conditions of Contract (SCC).

1 HINDUSTAN PETROLEUM CORPORATION LTD. MUMBAI REFINERY Attachment to PR#11-1813

TECHNO - COMMERCIAL DOCUMENT

ZONAL CONTRACT- MECHANICAL MAINTENANCE AT MUMBAI REFINERY OF HPCL

INDEX Section Description Page No.

1. Index 02-02

2. Notice Inviting Tender 03-09

4. Special Instructions to Bidders 10-13

5. Annexure to SITB 14-24

6. Special Conditions of Contract 24-37

HINDUSTAN PETROLEUM CORPORATION LIMITED Chembur, Mumbai-74

MAINTENANCE PLANNING DEPARTMENT MUMBAI REFINERY

Name of Work : ZONAL CONTRACT- MECHANICAL MAINTENANCE AT MUMBAI REFINERY OF HPCL

This Tender is to place a Purchase Order on Blanket Order basis with a Schedule of Rates for carrying out various regular Maintenance Jobs in Mumbai Refinery of HPCL.

1. The entire Refinery is divided in Two Zones convenience of operation comprising of the following areas:

ZONE-I FR Units (Combination, FRE, DHDS, GFEC, Boiler House, NFCCU etc.,) and FR Offsite including ETPs.

ZONE-II LR Units ( SEUs, PDU, PDA, IOH, LOUP etc.,), CPP and LR Offsite.

The bidder has to ensure that the tender document is strictly as per the order indicated in the master index and the offer submitted so, will be considered for evaluation only if it is accompanied with the requisite value EMD.

2. TENDERING METHODOLOGY & EVALUATION CRITERIA: A single NIT has been invited for both the zones (Zones I & II). The Financial Limit of the PR is Rs. 12 Crores.

Financial Limit excluding service Zone Area Covered / Particulars tax (Rs)

Zone I Fuels Refinery & Associated units 60% including FR Offsite & MINAS Lube Refinery & Associated units Zone II 40% including LR Offsite & CPP

The bidders to quote a single flat percentage of increase or decrease (+ /-) or at par to our estimated Schedule of Rates. Only Techno commercially qualified bids will be eligible for Price Bid opening.

Only the Technically and Commercially qualified bids are eligible for Price Bid Opening. Such Price bids will be opened and the successful bidder will be decided based on the lowest quotation.

L1 Vendor (the bid with lowest quote) will be awarded a Contract with 60% Financial Limit of Tender. L2 Vendor (the bid with second lowest quote) will be asked to match the rates of L1 and then will be awarded a Contract with 40% Financial Limit of Tender.

In the event L2 is not matching with L1 HPCL may decide to award the remaining 40%.also to the L1 bidder or may decide to forego placement of order for the 40% of FL.

For convenience it is envisaged that L1 Vendor will be operating in Zone-1 while L2 vendor will operate in Zone-2. In the normal case the vendors are required to work in their respective zones only. However HPCL reserves the right to ask the vendor to work in the other zone as per the requirements. No additional charges by way of compensation are payable to the vendor for this extension of service.

3.0 PO VALIDITY PERIOD:

The Purchase Order is valid upto 31.03.2013 or till the Financial Limit of the PO is exhausted, whichever is earlier. The validity period / Financial Limit may be extended, if required with mutual consent.  The successful bidder has to contact DGM-Mtce/ CM (Plng) immediately upon receipt of LOI.  Kick off meeting will be held with bidder by DGM-Mtce/ CM (Plng)within One week of award of PO/LOI.  The successful bidder should be prepared to mobilize as per the site requirement.  Vendor will be given at least 30 days time for mobilisation of the resources before commencement of the job.  4.0 PRE-QUALIFICATION CONDITION:

1. Financial : Average Annual Financial Turnover during the last 3 years, ending 31st March, of the previous financial year, should be at least 30% of the estimated Cost for the Zone.

2. Technical: Applicants shall have experience of having successfully carried out and completed similar work during the last 7 years ending last day of the month previous to the one in which applications are invited, which experience should be any one of the following: a). Three similar completed works, each costing not less than the amount equal to 40% of the estimated cost for the Zone OR b). Two similar completed works, each costing not less than the amount equal to 50% of the estimated cost for the Zone OR c). One similar completed work costing not less than the amount equal to 80% of the estimated cost for the Zone.

The pre-qualification for the bidders who intend to participate shall meet the following minimum requirements and only such bidders shall be pre-qualified for this tender.

4.1 . Bids may be submitted by:

a) a single person/ entity (called sole bidder); b) a newly formed incorporated joint venture (JV) which has not completed 3 financial years from the date of commencement of business; c) an Indian arm of a foreign company.

Bidding thru Consortium will not be permitted.

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is stated below, respectively: a) The sole bidder (including an incorporated JV which has completed 3 financial years after date of commencement of business) shall fulfil each eligibility criteria. b) In case the bidder is a newly formed and incorporated joint venture and which has not completed three financial years from the date of commencement of business, then either the said JV shall fulfil each eligibility criteria or any one constituent member/ promoter of such a JV shall fulfil each eligibility criteria. If the bid is received with the proposal that one constituent member/ promoter fulfils each eligibility criteria, then this member/promoter shall be clearly identified and he/it shall assume all obligations under the contract and provide such comfort letter/guarantees as may be required by Owner. The guarantees shall cover inter alia the commitment of the member/ promoter to complete the entire work in all respects and in a timely fashion, being bound by all the obligations under the contract, an undertaking to provide all necessary technical and financial support to the JV to ensure completion of the contract when awarded, an undertaking not to withdraw from the JV till completion of the work, etc. c) In case the bidder is an Indian arm (subsidiary, authorized agent, branch office or affiliate) of a foreign bidder, then the foreign bidder shall have to fulfil 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.

4.2 EXPERIENCE CRITERIA:

The bidders who intend to participate shall meet the following minimum pre-qualification requirements. 1. The prospective bidder shall possess experience in Routine / Unit Shutdowns / Turnarounds Maintenance jobs and should have carried out erection / maintenance of refinery static equipments and piping jobs in Petroleum Refineries / Petrochemicals / Fertilizers / Oil and Gas processing plants in India or abroad. 2. The bidder should submit documentary proof for having executed the minimum quantum of works along with the work order details and completion certificates specifically for the experience criteria specified as shown in the table below. The jobs executed shall be either in a single order or in multiple orders in any one year period during the past seven years as on 31.03.2011 3. The bidder should submit documentary proof for the minimum financial turnover specified for each zone during any one of the 3 financial years (2008-09, 2009-10, 2010- 2011) ending 31st March as shown in the table below. 4. The financial net worth of the bidder shall not be negative for the financial year 2010-11. 5. The Bidder should have executed works either as a Main contractor (or) as Sub-Contractor to a Main Contractor.

The Experience and Financial Criteria for each zone shall be as below:

Minimum Experience requirements Financial requirements

Cleaning / Re-tubing, Testing of 100 Heat Avg Turnover for the last 3 Years : Rs.360 Lakhs exchangers or a cumulative of 28,000 Heat AND Exchanger Tubes must have carried out in the last 7 years: AND 3 Jobs of 480 lakhs OR Piping fabrication / erection & welding for a cumulative quantity of 15000 Inch-Dia, or 2 Jobs of 600 lakhs OR 70,000 Inch-Metre 1 Job of 960 lakhs. 5.0 SITE VISIT / PRE-BID MEETING:

Pre-bid meeting cum Site Visit shall be arranged for intending representatives of the bidders. Intimation shall be sent at least two days in advance to HPCL at the below mentioned address indicating the name of the person visiting the site. Attn. Shri. S. K.Patil Manager (Materials) HPCL, Chembur,Mumbai-400 074. Phone:022-2507 6828, Intercom 6828. . No. of Participants: Restricted to two (2) persons only.

6.0 BID OPENING:

Part-A (Techno-Commercial) Bid shall be opened on the Due date in the presence of authorized representative of bidders (Restricted to one [1] person Only) at the office of the Manager (Materials) HPCL at the above address. Part-B (Price Bid) of only those bidders whose offer is found techno-commercially acceptable, shall be opened on a later date as per convenience of HPCL after intimation to the qualified bidders. 7.0 MODE OF SUBMISSION OF TENDER:

Bids will be in Two Parts. 7.1 Part-A: Techno-Commercial Part:

Part-A (Technical and Un-priced Commercial part) of the offer shall contain the following attachments specifying attachment number arranged in the order as follows:

a). Tender Document marked as “ORIGINAL” duly signed and stamped on each page in token of acceptance. b). Copies of the Work Orders, Performance certificates, Completion Certificates from clients required for pre-qualification. c). List of equipment and tools & tackles to be deployed for this work d). Manpower deployment e). Income tax PAN. f). Certificate, Partnership deed in case of partnership firm [or] Memorandum and Article of Association in case of Limited Company.[or] Certificate from notary incase of proprietorship. g). Service Tax Number with a copy of registration certificate. h). EPF No with a copy of certificate. i). ESI No with copy of certificate. j). CST No. l). Earnest Money Deposit (as per Serial No.1 above) in a separate envelope .

7.2 Part-B Sealed Priced Bid:

Part-B (Priced Part) of the offer shall contain the following:

a. Schedule of Rates (Percentage basis) for subject tender shall be duly filled in both in figures and words, signed and stamped. b. Part-B of the offer shall contain only the above documents and no other conditions. All corrections must be duly stamped and signed. Any other conditions mentioned in Part-B

shall not be taken into account and if insisted upon, the tender shall be liable for rejection. On the due date of opening of tenders only Part- A of the tender shall be opened. Price Part (Part B) of the only technically acceptable tenders shall be opened at later date. HPCL reserve the right to reject any or all the tenders without assigning any reason(s) thereof. 8.0 GENERAL:

a). There shall not be any case or charge under investigation / enquiry / trial against the bidder, nor convicted in a court of Law nor suspended / black listed by any organization on any grounds. b). HPCL reserve the right to use in-house information for assessment of capability of bidders. The decision of HPCL regarding the tender will be final and conclusive. c). If the performance of the Bidder is / has been found to be unsatisfactory for any reasons whatsoever, in any organization including HPCL, then HPCL reserves the right to reject the bids submitted by such bidders. d) The bidders should possess the following statutory approvals viz., PF registration code number, ESI registration code number, Income Tax PAN number and Service tax registration Certificates on their own Company’s name. e) The tender document is not transferable. f) Tie-ups / Joint bidding or Consortium is acceptable subject to the conditions mentioned under pre-qualification criteria. g) The bid and all correspondences incidental to and concerning the bid shall be only in English language. h) Canvassing in any form by the bidder himself or by any other agency on their behalf may lead to disqualification of their bid. i) The Financial net worth of the bidder shall not be negative during the last audited financial year. j) HPCL shall not be responsible for any costs or expenses incurred by bidder in connection with the preparation of delivery of bids, including costs and expenses related with visits to the site and pre-bid meeting. k) Issuance / Purchase of tender document or submission of tender document by itself shall not amount to pre-qualification or entitle the agency to participate in the bidding. l) Bidder submitting their bids should not be under liquidation, court receivership or similar proceeding. The bidder should not have been black listed or kept under holiday list in any of the Public Sector Units.

m) The Bidder shall ensure submission of complete information / documentation in the first instance itself. HPCL reserve the right to complete the evaluation based on the details furnished by the agencies without seeking any subsequent additional information. Tenders not in compliance with tender document (or) with incomplete information / documents are liable for rejection. n) Clarification, if any can be obtained from Manager (Materials) citing reference of Tender No. & Name of the Work. o) HPCL takes no responsibility for delay or non-receipt of offers sent by post/couriers. Offers received late (beyond the stipulated time and date mentioned in this Tender) are liable to be rejected. Telex / Telegrams / Fax /CD /Floppy offers will not be accepted. p) HPCL reserves the right to reject any or all tenders in part or in full without assigning any reason thereof. q) The Experience and Financial turnover of the bidding entity only shall be considered. r) Bidder submitting their bids should not be under liquidation, court receivership or similar proceedings. s) The bidder should not have been black listed or kept under holiday list in any of the public sector units. t) The bidders shall submit documentary evidence in support of the above pre- qualification criteria. u) The bidder shall have PF, ESI and Service Tax registration certificate on their own company’s name.

SPECIAL INSTRUCTIONS TO BIDDERS (SITB)

1.0 Schedule of Rates

The Schedule of Rates shall be read in conjunction with all other sections of Tender document.

The price quoted by the Bidder shall be firm and fixed for the completion period of the tendered works, unless stated otherwise.

Bidder shall quote for all the items of Schedule of Rates after careful analysis of cost involved for the performance of the completed item considering all parts of the Tender document. In case any activity though specifically not covered in description of item under ‘Schedule of Rates' but is required to complete the work as per Scope of Work, Scope of Supply, Specifications, Standards, Drawings, General Conditions of Contract, Special Condition of Contract or any other part of Tender document, the item quoted price will deemed to be inclusive of cost incurred for such activity.

The rate shall include all expenditure incurred towards mobilisation and demobilisation.

All prices shall be quoted in Indian Rupees unless otherwise instructed.

Bidder shall quote a single percentage + or- on the rates specified for all the items.

Bidder shall be considered only if the bidder has quoted for all the items of the Schedule of Rates.

2.0 Compliance to Tender Requirement

HPCL expect Bidder’s compliance to requirement of Tender document without any deviation as per Annexure-VI to ITB. In any case, no exception or deviation shall be accepted to the following clauses of Tender document:

a) Time Schedule

b) Schedule of Rates / Price

c) Defect Liability Period

d) Liquidated Damages

e) Arbitration

f) Scope of Work and Scope of Supply

g) Security Deposit

h) Suspensions & Termination

i) Force Majeure

Deviation on clauses other than indicated above, if felt absolutely necessary should be furnished in the Techno commercial Part (and not in Tender Document or Price Part) as per the format attached Annexure-IV-B/ IV-C. HPCL shall not take cognizance of any deviation stipulated else where in the Tender.

3.0 Documents Comprising the Tender

3.1 Bidder is advised that HPCL intend to fully evaluate the technical and unpriced commercial submissions.

It is important that Bidder clearly demonstrates his experience and capability, giving to HPCL a high level of confidence that if awarded, the Bidder will be able to perform the works within the stipulated Time Schedule and quoted price and meeting all other requirements listed in the Tender document.

Bidder is requested to furnish the complete and correct information required for evaluation of his Tender. If the information with regard to resources and concurrent commitments or any other information / documentation forming basis of evaluation is found incomplete / incorrect, the same may be considered as adequate ground for rejection of the Tender.

Bidder shall arrange his Tender in the following order:

3.1.1 PART-A - TECHNICAL AND UNPRICED COMMERCIAL PART

Technical and unpriced commercial part shall comprise the attachments, specifying attachment number arranged in the order as follows:

1. Submission of Tender letter (Appendix-I) to General Conditions of the Contract) along with one set of Tender document and drawings duly signed and stamped in token of acceptance.

2. Check list of submission of tender as per AnnexureI to SITB.

3. Earnest Money Deposit and its details.

4. Power of Attorney in favour of authorised signatory of the Tender / Tender document.

5. Organization details (Appendix-II to General Conditions of the Contract)

- In case of a proprietorship firm, the name and address of proprietor and certified copy of ‘Certificate of Registration of firm'.

- In case Bidder is a partnership firm, certified copy of the partnership deed.

- In case of company (whether private or public), certified copy of the ‘Certificate of Incorporation’ together with certified Memorandum / Articles of Association.

6. Details of concurrent commitments of Bidder as per Annexure-I to SITB.

7. Details of Equipment, tools and tackles proposed to be deployed as per Annexure-II to SITB.

8. Proposed Site Organisation Chart for the execution of this work along with the bio-data of key personnel as per Annexure-III to ITB.

9. Compliance to Tender requirement / Exception and Deviation Statement as per Annexure-IV A / IV B / IV C to SITB.

10. Audited Balance Sheet including Profit and Loss Account for last three financial years along with average annual turnover statement as per Annexure-V to SITB.

3.1.2 PART-B PRICED COMMERCIAL PART

Priced commercial part shall contain Schedule of Rates marked “PRICED-BID” duly filled in. No stipulation, deviation, terms and conditions, presumption basis etc shall be stipulated in Price Part of Tender. HPCL shall not take cognizance of any such statement and may at their discretion reject such Tenders.

4.0 TENDER EVALUATION

4.1 Clarification & Additional Information

During evaluation, HPCL may request Bidder for any clarification on the Tender, additional or outstanding documents. Bidder shall submit one copy of all additional documents.

4.2 Techno-Commercial Discussions

Techno-commercial discussions with Bidder shall be arranged, if needed. Bidder shall depute his authorised representative (s) for attending the discussions. The representative (s) attending the discussions shall produce authorisation from his organisation to attend the discussions and sign the minutes of meeting on behalf of his organisation. The authorised representatives must be competent and empowered to settle all technical and commercial issues.

5.0 Bid Evaluation Criteria

Lowest rates offered by the bidder shall be considered for awarding.

6.0 Determination of Responsiveness:

Prior to the financial evaluation of bids, HPCL will determine whether each bid is substantially responsive to the requirements of the bidding documents.

For the purpose of this clause, a substantially responsive bid is one which conforms to all the terms, conditions and specifications of the bidding document without material deviation or reservation. A material deviation or reservation is one which affects in any substantial way the scope, quality, or performance of the works or which limits in any substantial way, in consistent with the bidding documents, the employer's rights or bidders obligations under the contract and retention of which deviation or reservation would affect unfairly the competitive position of bidders presenting substantially responsive bids.

If a bid is not substantially responsive to the requirements of the bidding documents, it is liable to be rejected.

7.0 The Techno-commercial part of Tender shall be evaluated as per Bid evaluation criteria, wherever indicated in the Tender document

The complete scope of work has been defined in the Tender document. Only those Bidders who undertake total responsibility for the complete scope of work as defined in the Tender document shall be considered.

8.0 The time schedule for completion is given in the Tender document. Bidder is required to confirm to the completion period unconditionally.

The Tender of the Bidder quoting completion time more than the time schedule specified in the Tender document may not be considered for evaluation.

9.0 In case the Tender does not fully comply to the requirement of Tender document and the Bidder stipulates / retains exceptions and deviation to the clauses of Tender document considered unacceptable or to any other clause considered unacceptable in the opinion of HPCL, the Tender will be rejected.

10.0 Proposed deployment of resources like manpower, equipment, tools and tackles shall be looked into to ensure performance of work within stipulated time period.

11.0 HPCL reserve the right to assess Bidder’s capability to execute the work by taking into account various aspects such as Concurrent Commitments, Performance etc. and accordingly decide whether respective price bids shall be opened and considered for further evaluation. Performance will be based on the available in-house data of HPCL & those from outside source which HPCL may deem authentic.

Annexures to SITB

Annexure-I

Name of the work : ZONAL CONTRACT-MAINTENANCE-MECHANICAL ON- SITE FIELD WORKS AT MUMBAI REFINERY OF HPCL

Tender No. :

Name of Bidder: ______

CONCURRENT COMMITMENT OF THE BIDDER

Bidders shall furnish the details of their Concurrent commitments comprising of the following details :

1 1. Name of the Client, address and the officer in charge for the contract 2 3 2. Name of the contract 4 5 3. Value of the contract 6 7 4. Period of contract with date of commencement of contract 8 9 5. Actual period of completion 10 11 6. Percentage completion as on date 12 13 7. Expected date of completion 14 15 8. Any other details

______

[SIGNATURE OF BIDDER WITH STAMP]

Annexure-II

Name of the work : ZONAL CONTRACT-MAINTENANCE- MECHANICAL ON-SITE FIELD WORKS AT MUMBAI REFINERY OF HPCL Tender No. :

DETAILS OF PROPOSED EQUIPMENT, TOOLS & TACKLES

Sr. Items to be deployed, Description of make, Category (A) OR (B) Numbers Location No Year of Manufacture & capacity OR (C) above

* Attach additional sheet if required.

______

[SIGNATURE OF BIDDER WITH STAMP]

Annexure-III

Tender No. :

DETAILS OF PROPOSED SITE ORGANISATION

The Bidder shall submit herein details of Head Office and site Organization proposed to be deployed for execution of the work. Bidder shall also furnish the bio-data of site charge and key personnel to be deployed. Approximate number of persons of different category planned to be deputed by the vendor to be indicated.

Bidder agrees to augment the above chart with additional number/ categories, if required and directed by Engineer-in-Charge, to complete their work within the completion time schedule and quoted price.

Annexure-IVA

Tender No.

Name of Bidder : ______

COMPLIANCE TO BID REQUIREMENT

We confirm that our bid complies to the Techno-Commercial requirement of Tender Document without any exceptions.

Annexure-IVB

Tender No. :

EXCEPTIONS AND DEVIATIONS STATEMENT ( COMMERCIAL)

Bidder may stipulate exceptions and deviations to the tender document, if considered unavoidable as per the following format:

SL PAGE NO OF TENDER CLAUSE NO OF TENDER SUBJECT DEVIATION NO DOCUMENT DOCUMENT

All exceptions/deviations taken by the Bidder to the stipulations of the tender document shall be brought out in the Techno-Commercial bid (and not in the Tender document or Price Bid ) strictly as per this format. Any exceptions/deviations brought out elsewhere in the bid shall not be construed as valid.

Annexure-IVC

Name of the work : ZONAL CONTRACT-MAINTENANCE-MECHANICAL ON-SITE FIELD WORKS AT MUMBAI REFINERY OF HPCL

Tender No. :

Name of Bidder : ______

EXCEPTIONS AND DEVIATIONS STATEMENT ( TECHNICAL)

Bidder may stipulate exceptions and deviations to the tender document, if considered unavoidable as per the following format:

SL PAGE NO OF TENDER CLAUSE NO OF TENDER SUBJECT DEVIATION NO DOCUMENT DOCUMENT

All exceptions/deviations taken by the Bidder to the stipulations of the tender document shall be brought out in the Techno- Commercial bid (and not in the Tender document or Price Bid ) strictly as per this format.

Any exceptions/deviations brought out elsewhere in the bid shall not be construed as valid.

Annexure-V

Tender No. :

ANNUAL TURNOVER STATEMENT

Tenderer shall indicate herein his annual turnover during the following 3 years based on the audited balance sheet/profit and loss account statement.

FINANCIAL YEAR ANNUAL TURNOVER (RS) 2008-2009 2009-2010 2010-2011

1. Copies of audited balance sheets with Profit & Loss account statement for last 3 years shall

be submitted along with the offer.

2. Tenderer shall indicate herein his Net Worth details during the following 3 years based on the audited balance sheet/profit and loss account statement on the following basis:

Net Worth: Reserve + Capital - Accumulated loss.

FINANCIAL Accumulated Loss Reserve (Rs.) Capital (Rs.) NET WORTH (Rs.) YEAR (Rs.) 2008-2009 2009-20010 2010-2011

Annexure-VI

Tender No. :

TECHNICAL & COMMERCIAL COMPLIANCE QUESTIONNAIRE

Bidder's reply / confirmation as furnished in the Technical & Commercial Questionnaire (TQ/CQ) shall supercede the stipulations mentioned elsewhere in their bid.

BIDDER'S CONFIRMATION / Sl. HPCL QUERY REPLY No. 1. Confirm that the following are submitted along with PART-I Confirmed to Blank schedule of rates/ Prices (without specifying a. the rates / prices) are submitted in unpriced part.

Addendum / Corrigendum duly signed and stamped on each page b. as token of acceptance (Applicable, if issued)

Confirm that price has been submitted in ORIGINAL only in a 2. separately sealed envelope super scribing " PRICE PART"

Confirm that you have studied complete bidding document 3. including Technical and Commercial part and your bid is in accordance with the requirements of the bidding document.

4. Confirm your compliance to total scope of work in the bidding document.

5. Confirm your scope of acceptance for scope of supply mentioned in the bidding document and confirm that all materials shall be supplied as per standards and specification.

6. Confirm your acceptance to our payment terms.

7. Confirm your acceptance for Time Schedule as mentioned in Bidding document.

8. Confirm that your quoted price includes all taxes, duties as applicable for this work for both supplies and works in accordance with the provisions of General Conditions of Contract and special Conditions of Contract.

9. Confirm that the prices are firm till completion of the contract.

10. Confirm that your quoted price includes all types of insurance as per the provisions of General Conditions of Contract and special Conditions of Contract.

11. Confirm that all costs resulting from safe execution of work, such as safety induction, use of protective clothing, safety glasses and helmet, safety precaution taken during monsoon or any other safety measures to be undertaken by the contractor for execution of work are included in the quoted rates.

12. Confirm that adequate numbers of construction equipments, tools, tackles, etc. have been proposed which will be sufficient to complete the work as per the time schedule.

SPECIAL CONDITIONS OF CONTRACT [ SCC ]

SPECIAL CONDITIONS OF CONTRACT

1.0 GENERAL

1.1 “General Conditions of Contract" which is being enclosed as a annexure/enclosure to this tender shall be read in conjunction with the Special Conditions of Contract & Scope of work together with drawings, specifications and all Annexures which form part of the contract.

1.2 Not withstanding the subdivision of the documents into these separate sections/parts, every part shall be deemed to be supplementary to and complementary 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 conditions of contract is repugnant to or in variance to any provisions of the special conditions of the contract, then the provisions of the Special conditions of the contract shall supersede the provision of General conditions of contract and shall, to the extent of such repugnancy or variation prevail.

2.0 SITE INSPECTION: The contractors shall inspect the site conditions and satisfy themselves as to the constraints, inadequacies, accessibility and such other aspects and ensure that all such aspects are taken into consideration while submitting quotes. No extra claims on these grounds shall be applicable. Clarifications / drawings / manuals can be referred to at the Maintenance Contract Section.

The indenting Bidder shall be deemed to have visited the site and familiarized themselves thoroughly with the site conditions before submitting the tender. Non-familiarity with the site conditions will not be considered a reason either for extra claims or for not carrying out the work in strict conformity with drawings and specifications. For site visit, the intending Bidder may contact the site-in-charge of the appropriate authorities at Maintenance Site Office. 3.0 WORK AND OTHER PERMITS:

The Contractor shall strictly follow the existing Work Permit and other Permit Systems. No work within the Refinery Premises can be done without a work permit issued by HPCL. All cold works shall be covered by Cold work permits and hot work by hot work/entry permit. These shall be obtained at the beginning of shift every day, renewed as required and shall be kept at the work spot by the contractor's supervisor on the job. After completion of the job all the permits shall be handed over to HPCL. Hot work permit will be issued by HPCL from 8.00 AM to 4.00 PM on each day. They can be extended upto 6.30 pm without special permissions & round-the-clock hot work will be permitted only with special permissions. Cold work permits will be issued round the clock after ascertaining adequate safety arrangements. and every effort will be made to extend the permit as per the requirement, depending upon the conditions prevailing.

4.0 WORK COVERAGE TIMINGS

Vendor will provide adequate coverage considering all the jobs under the scope of the contract on round-the-clock basis. Vendor is expected to provide full maint coverage for general shift from 0800 to 1630 hrs & continue with the urgent jobs till 1830hrs for Hot Work and 2000 hrs for cold work. There after the cold work jobs may be handed over to the night crew for continuation if required.

Night shift crew will be operated as per the relevant line in the SOR who will do the jobs as may be possible with the specified staff. No separate payments will be made for the jobs carried out by this crew.

5.0 CATERING ARRANGEMENT:

The contractor shall make his own catering arrangements for his workmen. The Contractor shall be responsible for arranging food supply for his personnel at worksite. Contractor shall ensure that the food supply is properly organized so that all his personnel have their meals in batches and within the time allowed for the purpose. Late arrival for work shall not be permitted arising out of any mis-arrangement in the regard. Contractor shall be responsible for maintaining cleanliness in and around the mess hall, if any and other work sites, including garbage collection. The Contractor shall be obliged to comply with any new regulations in respect of food supply to his personnel (including shift at site) without any extra charges or claims. The break for canteen timings shall be operated only on restricted timings as followed by HPCL.

6.0 FACILITIES:

6.1 Contractor shall not open or tie-in their system to existing HPCL premises or equipment, including sewer system, electrical power circuits and other process equipment without specific approval of HPCL.

6.2 The contractor shall provide necessary first aid facilities to their personnel. Depending on the availability at that time of need, HPCL may provide these facilities entirely at their discretion. The cost of such assistance as worked out by HPCL shall be recovered from the contractor.

6.3 HPCL change house and toilet facilities are not available to contractor’s employees. Contractor’s employees shall use the contractor’s toilet facilities located in the Refinery.

6.4 Contractor’s vehicles and bicycles shall be allowed inside upto parking area specified/ allocated for contractors after obtaining proper entry pass and shall be parked outside the Gate. HPCL assumes no responsibility for security of the above.

7.0 LABOUR LICENSE AND INSURANCE COVERAGE: The contractor shall comply with statutory requirements such as possession of valid labour license, adequate insurance coverage for his workmen under workmen's compensation act, ESI coverage for his workmen to totally absolve HPCL of any and all liabilities which might result in case of accidents and PF Code number from PF Commissioner. These are mandatory and

contractors who do not comply with these regulations may not be considered for award of contract.

8.0 MINIMUM WAGES ACT:

Contractors should strictly comply with the provisions of the Minimum Wages Act 1948. In this regard, they should follow the directions / notifications issued by the Ministry of Labour / Government of India from time to time on the above subject. However, in case the Minimum Wages prescribed by the Commissioner of Labour in Maharashtra are higher than the wages prescribed by the Commissioner of Labour (Central) then the Contractor has to follow only the higher wages for making payment. Contractor should accordingly comply with the aforesaid provisions. Wages to the workmen should be paid on or before the 7th of the subsequent month. If 7th falls on a holiday or weekly off day, the payment should be made one day prior. PF for the month, both the employer’s (in this case contractor) and employee’s (in this case workman employed by the contractor) contributions should be deposited in the bank in the permanent PF code numbers and challan should be obtained before the 15th of the subsequent month and forwarded to the EIC. In case of failure of the contractor to comply with any of the above, punitive action will be taken by EIC/HPCL as stipulated in this tender. It is deemed to have understood and accepted that the payment of wages are done upfront by the successful contractor. The relevant registers/documents in support of the wage payment to workmen shall be maintained by the contractor and shall be made available for inspection by the client statutory bodies as and when required. In case of non- compliance of the provision of minimum wage act, the contracts shall be terminated forthwith and contractor will be liable for legal penalization. 9.0 WAGES TO PERSONS DEPLOYED:

9.1 The contractor shall make payment to the workers deployed by him on the scheduled date. 9.2 The contractor has to maintain the Wage Register for the payment made to the personnel deployed for the subject services. The copy of above proof shall be enclosed along with monthly running bills. The contractor shall be solely responsible to disburse Wages due payable to the personnel deployed for the subject services promptly and in due time If the contractor fails to pay the wages to his workmen/comply with the relevant statutory provisions, Company would make necessary arrangement for the same and recover the cost thereof from the Security Deposit / Bills payable to the Contractor. 9.3 The Contractor should submit copy of the EPF and ESI, monthly remittances to the authorities, by 25th of subsequent month. 9.4 The Contractor should submit Attendance / Salary Disbursement Register for the workmen engaged, by 25th of subsequent month. 9.5 The Contractor shall, whenever required by the Company or Government Officials authorized under the Statutes, produce for inspection, all forms, registers and other documents required to be maintained under various statutes.

10.0 GOVERNMENT AND LOCAL RULES:

10.1 The contractor shall conform to the provisions of all local laws / by laws and regulations relating to the work and pay all fees payable to such authorities for execution of the work involved. HPCL shall not be responsible for such liabilities and claims. 10.2 The contractor shall comply with the provisions of all labour legislation's including the requirements of: a) Payment of Wages Act b) Workmen Compensation Act c) Contract Labour (Regulation & Abolition Act, 1970 & Central Rules, 1971) Act d) Shops & Establishment Act e) PF & ESI Acts f) Prevention of Child Labour Act, (No child labour shall be employed by the Contractor) g) Indian Contract Act. 10.3 The approval from any authority required as per statutory rules and regulations of Central / State Govt., shall be responsibility of the contractor. 10.4 The Contractor shall obtain necessary license from the Licensing Authority under the Contract Labour (Regulation & Abolition) Act, 1970 and the Central Rules framed there under and produce the same to the Engineer-in-Charge before start of work. 10.5 The Contractor shall not undertake or execute or permit any other agency or sub-contractor to undertake or execute any work on the Contractor’s behalf through contract labour except under and in accordance with the licence issued in that behalf by the Licensing Officer or other authority prescribed under the Factories Act or the contract labour (Regulation & Abolition) Act-1970 or their applicable law, rule or regulation, if applicable. 10.6 The provision of EPF & MP Act, 1952 and the Rules/Schemes there under shall be applicable to the Contractor and the employees engaged by him for the work. The Contractor shall furnish the code number allotted by the RPFC Authority, to the Engineer-in-Charge before commencing the work. 10.7 The Contractor shall be exclusively responsible for any delay in commencing the work on account of delay in obtaining a license or in obtaining the code number and the same shall not constitute a ground for extension of time for any purpose. 10.8 The Contractor shall enforce the provisions of ESI Act and Scheme framed there under with regard to all his employees involved in the performance of the Contract. 10.9 Factory Inspectorate’s requirement are to be met by the Contractor and shall be included within his quoted price. 1 11.0 CHILD LABOUR PROHIBITION: The contractor shall strictly comply with provisions of various enactment on child labour including "Child Labour (Prohibition & Regulation) Act, 1986 and shall not engage any labour below the age of 18 years for any kind of work in the Refinery premises. HPCL reserves the right to terminate the contract for violation of the provisions of the above enactment. 12.0 OTHER STATUTORY APPROVALS

12.1 Contractor should possess all necessary statutory authorisations / approvals (if applicable) for carrying out this type of work 12.2 The approval from any authority required as per statutory rules and regulations of Central/State Govt. shall be contractor's responsibility unless otherwise specified in the tender document. 12.3 The application on behalf of HPCL for submission to relevant authorities along with copies of required certificates complete in all respects shall be prepared and submitted by the contractor well ahead of 28 Page 28 of 37 HINDUSTAN PETROLEUM CORPORATION LTD. MUMBAI REFINERY Attachment to PR#10-2807

time so that the actual construction/commissioning of the work is not delayed for want of the approval/inspection by concerned authorities. The contractor shall arrange the inspection of the works by the authorities and necessary coordination and liaison work in this respect shall be the responsibility of contractor. However statutory fees paid, shall be reimbursed any, for all inspections and approvals by such authorities at actuals to the contractor on production of documentary evidence. 12.4 Any change/addition required to be made to meet the requirements of the statutory authorities shall be carried out by the contractor free of charge. The inspection and acceptance of the work by statutory authorities shall, however, not absolve the contractor from any of this responsibilities under this contract.

13.0 CONTRACTOR SUPERVISORS: The contractor shall provide adequate number of qualified and experienced supervisors for the work. They should be fully conversant with Maintenance works in Refinery/Fertiliser factory/Chemical plants and be able to read and execute jobs as per drawings. The contractor’s Supervisors shall be constantly be available at site and shall be responsible for all necessary liaison and co-ordination in connection with this contract on Contractor’s behalf on round the clock basis. HPCL will have the right of withdrawing entry authorisation to contractors' workmen at any time on grounds of indiscipline, incompetency in work, violation of safety and fire rules, negligence on duty, etc.

14.0 MANPOWER DEPLOYMENT: Adequate manpower shall be deployed by the contractor as per the work plan in such a way as to carryout all parallel activities simultaneously. Workmen shall not be shifted from one work area to another unless otherwise directed by the Engineer in charge. Contractor shall submit to the Engineer- in-charge the number of workmen deployed craft-wise and area-wise every day at the beginning of each shift. Based on the experience in MR, the following minimum man-power resource is expected to be arranged by the contractor (for each zone): Resident Engineer -1, Safety Engineer – 1, Qualified Supervisors – 3~4 Skilled / Semi-skilled workmen – 20-25 (for Piping, Structural, Exchanger, Vessels, Scaffolding, Spading/De-spading jobs etc.,) Little/unskilled labor – 10-15 ( Material handling, helpers, house keeping & other manual jobs) Vendor also to take care of the quality in the fabrication & other jobs preferably through a quality supervisor to ensure good workmanship. Please note that it only a rough estimate of minimum man-power requirement. Contractor is expected to keep 15-20 workmen ready to meet the eventualities.

15.0 FACILITIES : 0 15.1 Water for construction would be made available from one point located near the work site free of cost. Further distribution of pipe net works shall be arranged by the contractor at his own cost and such distribution net work arrangement shall have the prior approval of the Engineer-in-charge, so as not to interfere with the layout and progress of other jobs. 15.2 Construction power would be made available from the sub-station / Distribution Boards situated near the work site depending upon the construction power requirement free of cost. Further 29 Page 29 of 37 HINDUSTAN PETROLEUM CORPORATION LTD. MUMBAI REFINERY Attachment to PR#10-2807

arrangement for distribution will be made by contractor, as per Indian Electricity Act and Rules, frame there under and passed by Engineer-in-charge. The temporary line will be removed forthwith after the completion of the work or if there is any hindrance caused to the other works due to the alignment of these lines, the contractor will reroute or remove the temporary lines at his own cost. 15.3 The contractor shall arrange for all the consumable like torch light, torch cells, cheap cloth, manila rope, coil strings, detergents, etc. which may be required during the course of work by the contractor at their own cost. 15.4 Contractor shall arrange Fire hoses, Steam/Air hoses, required for the subject work at their own cost.

16.0 MATERIALS STORAGE: Contractor shall make their own arrangements for safeguarding their materials as well as that of HPCL’s materials. A temporary shed made out of container boxes shall be brought by the contractor for storing tools, equipment etc., and the same be kept at the location allocated by the Engineer-in- charge. All required works for setting up of the site office and temporary material storage shed shall be under the scope of the contractor. Only the location of setting up the same will be identified and shown to the contractors. The contractors shall remove temporary shed (Container Box and their site office) after completion of the subject job at their own cost at the end of their contract period. 1 17.0 SITE ORGANISATION: Subject to the provisions in the tender document and without prejudice to contractor's liabilities and responsibilities to provide adequate qualified and skilled personnel on the work, contractor shall deploy site organization and augment the same as decided by Engineer-in-charge depending on the exigencies of work. The Bidder shall submit the details of minimum site organization proposed by him, in the tender document.

18.0 HOUSE KEEPING: It shall be the Contractor's responsibility to keep his work area clean and tidy always throughout the course of work. Housekeeping shall be done on a day to day basis. Scrap and other debris generated during the course of work shall be accumulated in drums kept nearby and shall be transported and unloaded at designated locations as directed by the Engineer-in-charge. Also scaffolding, planks, chainblocks, pulleys, ropes etc. erected for the work shall be removed on completion of work.

19.0 SAFETY GUIDELINES: 1 The contractor shall follow complete HPCL safety regulations as per existing procedure of HPCL and also observe the rules and regulations of Explosive Inspectorate. Refer the detailed note attached with tender document giving the Safety, Health & Environment (SHE) guidelines.

20.0 QUALITY ASSURANCE

20.1 Bidder shall include in his offer the Quality Assurance Program containing the overall quality management and procedures, which is required to be adhered to during the execution of the contract. After award of the contract, detailed quality assurance program to be followed for the execution of contract under various divisions of works will be mutually discussed and agreed to. 20.2 The contractor shall establish document and maintain an effective quality assurance system as outlined in recognized codes.

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20.3 The HPCL or their representative shall reserve the right to inspect/ witness, review any or all stages of work at shop /site as deemed necessary for quality assurance.

21.0 TESTS AND INSPECTION

21.1 The contractor shall carry out the various tests as enumerated in the IE Rules, technical specification of this tender and technical documents that will be furnished to him during the performance of the work at no extra cost to HPCL. 21.2 The work is subject to inspection at all times by the Engineer-in-charge. The contractor shall carry out all instructions given during inspection and shall ensure that the work is carried out according to the technical specifications of this tender, the technical documents that will be furnished to his during performance of work and the relevant codes of practice. 21.3 Ladders, lighting, testing equipment etc., shall be arranged by the contractor at his own cost. Any work not conforming to the execution drawings, specifications or codes shall be rejected forthwith and the contractor shall carryout the rectification at his own cost. 1 22.0 MEASUREMENT OF WORK

22.1 Measurement will be taken by the contractor in the presence of the Engineer-in-charge or his representative. Payment will be made on the basis of these measurements. 22.2 Measurement of weight will be in metric tonnes corrected to the nearest kilogram and will be made based on the execution drawings. (Where weights are not indicated on the working drawings, packing lists as received from the suppliers will be consulted for determining the weights). All other measurement will be as per actual work executed at site. The weld metal weight will not be taken into consideration. 22.3 Linear measurement will be in meters corrected to the nearest centimeter. If physical measurement is not practicable, dimensions as given in the execution drawings shall be adopted. Pipelines shall be measured along the centre line and shall include all types of fittings etc.. 2 23.0 ORDER OF WORKS / PERMISSIONS / RIGHT OF ENTRY / CARE OF EXISTING SERVICE

The order in which the work shall be carried out shall be subject to the approval of the Engineer-in- charge and shall be so as to suit the detailed method of construction adapted by the contractor, as well as the agreed joint programme. The work shall be carried out in a manner so as to enable the other contractors, if any, to work concurrently. Co-ordination with other agencies will be contractor’s responsibility. In case of any disputes the decision of Engineer-in-charge shall be final & binding on the contractor.

HPCL reserves right to fix up priorities which will be conveyed by Engineer-in-charge and the contractor shall plan and execute work accordingly. 24.0 EXISTING SERVICES

Drains, pipes, cables, overhead wires and similar services encountered in the course of the works shall be guarded from damage by the contractor at his own cost. Should any damage done by the contractor to any mains, pipes, cables or lines (whether above or below ground etc.) whether or not shown on the drawings the contractor must make good or bear the cost of making good the same without delay to the satisfaction of the Engineer-in-charge. 31 Page 31 of 37 HINDUSTAN PETROLEUM CORPORATION LTD. MUMBAI REFINERY Attachment to PR#10-2807

25.0 MATERIALS, EQUIPMENT & TOOLS

25.1 Materials and consumable: It shall be contractor's responsibility to provide at his own cost all materials and consumable for accomplishing the jobs under this contract, unless otherwise excluded from the scope as mentioned elsewhere in the document.

25.2 Equipment and Tools:

Unless otherwise specified, all equipment such as Crimping tools, testing instruments, Welding Generators/Transformers, Rectifiers, Grinding Machine, Gas torches, gas cutting Sets, Lifting Tackles, and all other Tools & Tackles in adequate numbers required to carry out the Subject work in its entirety shall be within the Contractors Scope of supply. The contractor shall clearly indicate in his tender the list of tools and tackles that would be mobilised by him for the subject work.

25.3 Chargeable Consumable:

Consumable like acetylene, oxygen, welding electrodes etc. may be issued on chargeable basis strictly on the basis of availability. These items will be charged on prevailing rate plus 25% for handling and administrative expenses. However any loss in time cannot be attributed non-availability of such items from HPCL. 25.4 Lighting and Light fittings:

Temporary lighting such as hand lamps, flood light in sufficient number as deemed required for the subject work shall be provided by Contractor. Only 24V hand lamps and fittings shall be used in confined work areas. Contractor shall also maintain battery operated lighting, torches, dry cells etc. for use by him during power outage. 25.5 Transportation and accounting of materials:

Contractor shall ensure that the materials drawn by him from the HPCLs' Stores / Tool room are properly identified and segregated and kept safely while in Contractor's custody. Transportation to & fro the HPCL Stores and work site is contractor's responsibility. Unused materials shall be returned by the Contractor to the HPCL Stores through the HPCL Engineer-in-charge through Material Return Notes and proper accounting of materials shall be made by the Contractor while bills are submitted for payment failing which twice the cost prevailing at the time of execution, of unaccounted materials will be back charged to the Contractor. 25.6 Damages:

Any damage caused wilfully or through gross negligence to any of the HPCL issued materials / equipment / tools by the contractor shall be made good by the contractor at his own cost, failing which the contractor shall pay HPCL cost of such damages. 25.7 Retention of HPCL material and equipment:

Contractor shall not retain in his custody any HPCL issued / allotted materials/ tools/ equipment etc. for the work beyond scheduled periods which would cause resource constraints for work by other agencies. Failure to comply with this regulation would entail a levy of penalty / hire charges for such items. 25.8 Tools identification:

The contractor shall furnish the list of tools to be deployed for the work. He shall arrange for affixing permanent identification marks for all his tools in the presence of HPCL personnel. These tools shall be offered for HPCL inspection and approval while being brought inside the refinery campus. 25.9 Rigging and hoisting tools:

All lifting slings, chain blocks, pulling and lifting tools, transportation equipment, all tools and their accessories connected with the rigging and hoisting works shall be thoroughly checked by the contractor for proper working, prior to their use, irrespective of their ownership. HPCL shall in no case be responsible for any damages caused due to failure of rigging and hoisting, transporting tools and tackles and all connected accessories. The contractor shall make good all such damages at his own cost. 26.0 MATERIALS RECONCILIATION 1 The contractor shall submit account to the HPCL for all materials issued to them by way of material reconciliation statement to claim final payment for the work.

27.0 SCHEDULE RATES

27.1 Contractor shall quote his rates strictly in the format called for vide the “Schedule of Rates”. The schedule of rates shall be read in conjunction with special conditions of contract. General conditions of contract, Technical specification, Drawings and any other document forming a part of this contract. 27.2 In case any activity though specifically not covered in the schedule of rates description but the same is covered under the scope of work / specification / drawings etc., no extra claim on this account shall be entertained, since Schedule of rate is to be read in conjunction with other documents forming part of the contract. 27.3 All items of work in the schedule of rates shall be carried out as per the specifications, drawings and instructions of the Engineer-in-charge and the rates are inclusive of all materials, consumables, labour, supervision, tools and tackles, as well as preparatory, incidental, intermediate / auxiliary / ancillary or enabling works.

28.0 WORK TIMINGS:

All jobs shall be performed in round the clock basis on each day, till completion of job. if Additional manpower is required as per instruction by the Engineer-in-charge the contractor shall fulfil the same to complete job in time. Break in work for Coffee/Tea/Lunch/Dinner shall be as per HPCL timings.

The work timings is detailed below and until the reliever reaches the work site the already deployed personnel shall not leave the work spot. The supervisor shall report to EIC and then only leave the work site. A detailed log book shall be maintained by the contractor for all the works and shall be countersigned by the EIC.

0 • General Shift: 0800 hrs to 1630 hrs 1 • Morning Shift: 0800 hrs to 1600 hrs 2 • Evening shift: 1600 hrs to 2400 hrs 3 • Night Shift: 0000 hrs to 0800 hrs 4 29.0 WORK SCHEDULE AND PROGRESS REPORT:

Work Schedules will be drawn up by the Engineer-in-charge and the contractor shall scrupulously adhere to the targets by deploying all resources as per the scope of work specified under this contract. In all matters concerning the extent of targets set out in the work schedule and the degree of achievement, the decision of Engineer-in-charge will be final and binding on the contractor. Contractor shall attend co-ordination meetings with the Engineer-in-charge for work without fail as and when required.

30.0 UNDERGROUND AND OVERHEAD STRUCTURES:

All existing structures overhead lines, existing pipelines and utilities shall be confirmed by the contractor before taking up the execution of work. Contractor shall execute the work in such a manner that the said structures, utilities, pipelines etc., are not disturbed /damaged.

31.0 DRAWINGS:

The Drawings, if any, accompanying the tender document are indicative and issued for tendering purpose only.

32.0 ABNORMAL RATES:

The Contractor is expected to quote rate for each items after careful analysis of costs involved for the performance of the complete item consisting all specifications and conditions of the contract. If it is noticed that the rates quoted by the tenderer for any items are unusually high (or) unusually low it will be sufficient cause for rejection of the tender unless HPCL is convinced about the reasonableness of the rate on scrutiny of the analysis for such rate to be furnished by the tenderer on demand. Notwithstanding anything there in stand, the rate once accepted by HPCL shall be final and shall not be subject to any claim either on account of un- workability of rates or on any other ground whatsoever. 33.0 COMPLIANCE TO ISO: The successful contractor shall comply with the HPCL’s ISO , ISRS , OISD and other policy guidelines and procedures. The documentation in this regard shall be referred at the office of the DGM (Maintenance) prior to bidding and during execution of work.

34.0 ECS PAYMENT:

34.1 The bidders are advised that all payments related to this subject work would be made though Electronic Clearance Service (ECS). The bidder would be required to provide particulars of their bank account along with the bid. The payment will be made through ECS only. 34.2 Under this procedure, both HPCL and the bidders are contractually bound by the correctness of the bank particulars given in the award of contract and is therefore a more safe and secure method. In the event of change in bank account during the pendency of the order, it is the responsibility of the 34 Page 34 of 37 HINDUSTAN PETROLEUM CORPORATION LTD. MUMBAI REFINERY Attachment to PR#10-2807

bidder to advise HPCL of the changes under the signature of an authorised person in their letterhead and seek an amendment to the AOC if required. 34.3 Failure on the part of the bidder to communicate changes in bank account nos. (for reasons which may include change in the constitution of a party due to amalgamations/ mergers/take-over) or delay in receipt of communications or non-updation of bank account nos may result in payments being made to an unrelated account for which HPCL will not be responsible. 34.4 Particular of bank A/C 0 �Bank Name 1 �Branch Name & Address 0 �Phone No. 1 �Type of account 2 �Account Number 3 �Nine (9) Digit MICR code Number of the Bank and branch 4 �  Declaration letter from the bidder in his letter-head to participate in ECS of national clearing cell of reserve bank of India and the same to be attested by the bank Manager.

35.0 PAYMENT PROCEDURE:

Payments for the subject Tender shall be made as per the payment procedure detailed below:  Vendor to take the Release PO from the respective site Engineers before commencement of each job with approximate quantities.  Vendor to take the actual measurements on completion of the respective jobs  Vendor to submit 1. Material Re-conciliation report. 2. No due certificate from HPCL Tool Room 3. Get GHK certified from the concerned site Engineers.  The site Engineers will certify the measurements subject to the completion of the above activities.  Submit the Challans along with the measurement sheet to the Planning Dept.  Get the approved Challan from the respective dept & submit the same along with Invoice to Finance. 0 .

36.0 RIGHT OF DEDUCTION

The Company, without prejudice to any other method of recovery, reserves the exclusive right to deduct the amount due to it or reduction of payment as stipulated in GCC hereof, from monies in its hands, due or which may become due to the Contractor under this Contract or any other contract or from the Performance Bond. Such deduction shall not relieve the contractor from his obligations to complete the work or from any other of his obligations and liabilities, all of which without any notice or legal action and the Contractor shall have no right to object to the same.

37.0 UNDERTAKING:

The bidder shall give an undertaking that he has read the SCC and GCC and other terms and conditions of the bid document and agree to abide by all terms and conditions stipulated in the bid document. Also, the bidders have to confirm that none of their personnel working in the bidder’s organization is /are a relative of any Director of HPCL and the bidders shall also confirm that No Director / employee or member of HPCL is a Director / Partner of the bidder’s company / Organization / partnership / proprietary concern in any way. 35 Page 35 of 37 HINDUSTAN PETROLEUM CORPORATION LTD. MUMBAI REFINERY Attachment to PR#10-2807

38.0 SUB CONTRACTOR: At the commencement of the job the contractor shall apply in writing to the EIC the list of all sub- contractors or other persons or firms engaged by the contractor to work at the site. Any tenderer who had submitted the bid and pre-qualified for this tender and does not get the contract because of his being not the lowest will be prohibited from working as a sub-contractor for execution of this contract.

39.0 STRIKE BY BIDDER: The Bidder shall not stop or cause stoppage of work during the period of the contract by resorting to strike or other agitation methods. The Bidder agrees that he shall be liable for all consequences for the delay caused or loss/damages suffered by HPCL due to the stoppage/strike by the Bidder. HPCL shall recover the cost incurred due to this from the Bidder’s running account bills. 40.0 DRESS CODE: 40.1 All workmen belonging to the contractor shall wear a uniform dress except the red colour as worn by HPCL Fire & Safety Staff.

40.2 While on duty, all employees will wear the PPE provided by the contractor. Head gear /helmet would be worn on duty for safety and as part of uniform.

40.3 All the staff shall wear safety Shoes. The contractor shall provide closed shoes for safety reasons. The staff will ensure wearing respective work masks, safety gloves and belts as and when required.

40.4 All Staff should have been trained on Safety and First Aid. The company would conduct training sessions on use of fire fighting equipment and Fire Drill for all the contract workmen and the sessions have to be attended without fail. The staff should be trained to face emergency situations, such programs could be industry specific and as such it would be conducted in coordination with the Engineer-in-charge.

41.0 SECURITY: The Refinery being a protected area, entry into the Refinery/Project area shall be restricted and governed by issue of photo gate passes by the Security/CISF. The Contractor shall arrange to obtain through the Engineer-in-Charge, well in advance, all necessary entry permits/gate passes for his staff and labour and entry and exist of his men and materials shall be subject to vigorous check by the security staff. The Contractor shall not be eligible for any claim or extension of time whatsoever on this account. The Contractor and his staff and labour shall be bound by all the security, fire and safety regulations of the refinery and any default of the Contractor or his staff and labour in this regard, as to which the opinion of the Engineer-in-Charge shall be final and binding on the Contractor, shall constitute an infringement of relevant clause of General Conditions of Contract with consequences as laid down in the said clause and other associated clauses.

42.0 CO-ORDINATION WITH OTHER AGENCIES: The contractor shall be responsible for proper co-ordination with all agencies within the refinery for smooth completion of work. The contractor shall obtain the necessary clearances / permits from for carrying out the entire work to the satisfaction of the Engineer-in-charge.

43. UN QUOTED ITEM:

1 • Where offers are received with some items left blank/ not quoted, then these tenders shall be straightway rejected as an incomplete tender. 2 • However, the final decision will be rest with HPCL based on the existing tender procedure manual and the same is bidding on bidder.

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