Tender for Transportation Of

TENDER FOR TRANSPORTATION OF PACKED LPG CYLINDERS FOR LEH & KARGIL

TENDER NO. LPG/TPT/NZ/218

CREDENTIAL BID

CLOSING ON 15.12.2009 AT 1500 HRS.

OFFICE OF THE LPG SBU HEAD- NORTH ZONE HINDUSTAN PETROLEUM CORPORATION LTD NORTH TOWER, 8TH FLOOR, SCOPE MINAR, VIKAS MARG, LAXMI NAGAR DELHI - 110092

------Important note : The tenderer is requested to read the contents of the tender document very carefully before filling up the same and also necessarily required to sign each page of both bids before submission ------

Signature / Stamp Of the Bidder 1 HINDUSTAN PETROLEUM CORPORATION LTD SCOPE MINAR , NORTH TOWER , 8TH FLOOR LAXMI NAGAR DELHI 110092 ______

Tender No. LPG/TPT/NZ/218 Date: 06.11.2009 CREDENTIAL BID

SUB: TRANSPORTATION OF LPG CYLINDERS FOR LEH & KARGIL Sealed tenders are invited under 2 bid system for transportation of LPG cylinders for Leh and Kargil. Please provide complete data, required documents and the EMD draft along with the credential bid. Lowest rate should be quoted in words and in figures in the “Priced Bid” of Tender Schedule attached herewith. Rates should be quoted in the given units. Please also refer to the attached illustration before filling up your rates in the price bid. Tenderers are requested to go through all the Terms and Conditions and Draft Agreement carefully before submitting their tenders. The Transportation Contract will be valid for a period of 2 years with an option to extend it for one more year at the sole discretion of the Corporation. Rates quoted by the tenders should be valid for acceptance for 180 days from the due date. Due date and time for receipt of tender : 15.12.2009 by 1500 Hrs

Earnest Money Deposit (EMD) of Rs. 1,00,000/- (Rupees one lac only) for Transporters and Rs. 10,000/- (Rs. Ten Thousand) for Dealer-cum -Transporters for their own load requirements only through a Crossed Demand Draft from any Scheduled bank (other than cooperative banks) favoring M/s. Hindustan Petroleum Corporation Limited payable at New Delhi should be enclosed with the “Credential Bid” of the Tender. Name of the party and tender number should be written on the reverse side of Draft by the bidders. The bidders to note that the DD towards EMD and Tender fees should be sent in an envelope superscribed with the tender name & due date and should reach the office of the undersigned at the above mentioned address, on or before the due date and time. Offers for which the DD’s are not received will not be considered at all. Public Sector Undertakings are exempted from payment of EMD. As per the policy advised by the Department of Public Enterprises, purchase preference for products and service support will be extended to the contracts of the value of Rs. 5 Crores and above but not exceeding Rs. 100 Crores. As per Government guidelines, there is a provision of reservation for award of contract to Schedule Castes (15 %) and Schedule Tribes (7.5 %) ; subject to their fulfilling all the tender terms and conditions. Transporters eligible under these categories should clearly indicated the same and provide proof (upload an attested/notarised copy of the same) obtained from competent authorities. Since this is a seasonal business, the transportation of cylinders will be carried out only depending on the operating conditions of Pampore to Leh & Kargil and Jammu to Leh & Kargil sectors (roads) and the transporters shall also have the flexibility to replace their trucks other than quoted trucks during the period of the contract. Total number of trucks required under this contract is approximately 80 only. The details of the estimated volume of business in various sectors is given

Signature / Stamp Of the Bidder 2 in the Price Bid. The Transporters to own minimum 2 trucks in their name or partner's name or firm’s name. LPG Dealers of the Corporation who wish to operate as dealer cum transporter for lifting their own loads should have at least one truck registered in his name or the name of the Dealership and should necessarily participate in the tender. Contract to the participating dealer cum transporters shall be awarded only on the basis of their merit in the tender. In case of Cooperative Societies the trucks should either be registered in the name of the concerned Society and the name of Society must appear in the Registration Certificate of the trucks issued by the competent transport authority or in the name of any of the registered members of the Society. Rates quoted by the bidders would be considered as the rates quoted based on the HSD price prevailing on the due date / extended due date on which Credential Bids are opened. Whatever escalation /de- escalation in price of HSD / Lubes / tyres takes place after the above date, appropriate increase / decrease over and above the finalised rates would be granted as per clause 19 of the agreement, format of which is enclosed.

Thanking you.

Very truly yours

Senior Manager Engg. & Purchase (LPG) HPCL, North Zone

Signature / Stamp Of the Bidder 3 HINDUSTAN PETROLEUM CORPORATION LIMITED (A Govt. Of India Enterprises) TENDER NOTICE Transportation of Packed LPG Cylinders for Leh & Kargil [Tender No.: HP GAS/TPT/NZ/218 Due Date : 15.12.2009 at 3.00 PM]

Sealed tenders are invited under two Bid system from experienced transport contractors owning at least two trucks, registered in their names, for transportation of LPG cylinders for Leh & Kargil. LPG Dealers of the Corporation who wish to operate as Dealer cum transporter for lifting their own loads must have at least one truck registered in the name of the Dealer or the Dealership and should necessarily participate in the tender. Contract to such dealer cum transporter shall be awarded only on the basis of their merit in the tender.

The transportation of cylinders is on seasonal basis depending on climatic and road conditions. Total number of trucks required under this contract is approximately 80. The period of contract is for a period of two years and can be extended for one more year on the sole discretion of the Corporation. The contract is liable to be terminated at any time giving one month’s notice to the contractors / dealer cum transporter. Rates quoted by the tenderers should be valid for 180 days from the due date. A set of non -transferable tender forms can be obtained from our Jammu LPG Regional Office, SIDCO Industrial Complex, Bari Brahamna, Jammu (Tel. No.. 01923-220024, 220099) from 10 AM to 4.00 PM on any working day from 16.11.2009 to 14.12.2009, either in person or through mail against non-refundable payment of Rs. 1000/- (Rupees One Thousand only) by Demand Draft only. The Demand Draft should have been obtained from a scheduled bank only, and should be in the favour of Hindustan Petroleum Corporation Ltd. payable at Jammu. The tender documents can be downloaded from our website www.hindustanpetroleum.com also. Bidders who submit the downloaded tender form should necessarily enclose the requisite tender form fees of Rs. 1000/- (Rupees One Thousand only) by way of demand draft obtained from a scheduled bank. The demand draft for tender fees and EMD in such case should be inserted in the Credential Bid envelope only.

EMD amount is Rs. 100,000 /- (Rs. One Lac Only) for transporter and Rs. 10,000 / - (Rs. Ten Thousand Only) for dealer cum transporter. The A/c payee demand draft obtained from a Scheduled Bank only (other than cooperative banks) for EMD will be made in the name of Hindustan Petroleum Corporation Ltd payable at NEW DELHI. Cheques, FDR’s and also instruments obtained from cooperative banks will not be accepted under any circumstance.

If the EMD demand draft does not accompany the technical Bid and accompanies the priced bid, the tender will not be considered at all. The EMD’s if refundable, will be refunded only after finalisation of the contract. Public Sector Undertakings are exempted from payment of EMD. As per the policy advised by the Department of Public Enterprises, purchase preference for products and service support will be extended to the contracts of the value of Rs. 5 Crores and above but not exceeding Rs. 100 Crores. As per Government of India guidelines, there is a provision of reservation for award of contract to bidders belonging to Scheduled Caste (15%) and Scheduled Tribe (7.5%), subject to their fulfilling all the terms and conditions of the tender. Tenderers, eligible under such categories should indicate the same and should necessarily attach a certificate issued by the competent authorities.

The “Credential Bids should be accompanied with required EMD and copies of Registration Certificates of all trucks quoted in the tender, Banker’s Certificate from a Scheduled Bank for Financial standing, Latest audited Balance sheet and Certificates issued by Competent Authorities. Copies of all above documents should be duly attested by Plant Manager/Chief Regional Manager or by Notary public. Sealed tenders super scribed with the respective tender number, should be deposited in the LPG Tender Box kept near reception counter of our North Zone Office, situated on 8th Floor, North Tower, Scope Minar, Laxmi Nagar, DELHI - 110092 by the due date & time. Tenders received after the stipulated date and time for receipt of tenders, due to any reason will not be entertained. The ‘Credential Bids’ will be opened in the presence of the attending tenderers on the due date at 1530 Hours. After having necessary clarifications, if any, against the ‘Credential Bids’ the ‘Price Bids’ of only those tenderers whose 'Credential Bids’ are found technically acceptable, shall be opened at a later date under notice to the eligible tenderers to enable them to attend the opening of ‘Price Bids’. No correspondence shall be entertained from the tenderers whose credential bids are not technically acceptable. The Corporation reserves the right to finalise, accept or reject any or all tenders in full or in part without assigning any reason whatsoever.

Dt. 09.11.2009 Senior Regional Manager LPG

SURAKSHA HOSE IS THE TOTAL SAFETY IN YOUR KITCHEN

Signature / Stamp Of the Bidder 4

CHECK LIST OF TENDER DOCUMENT

( 1 ) C R E D E N T I A L B I D

Sr. No. DETAIL OF DOCUMENT

1 EVALUATION CRITERIA 2 INSTRUCTIONS TO TENDERERS FOR SUBMISSION OF DOCUMENTS . 3 GENERAL TERMS & CONDITIONS ( APPENDIX I ) 4 QUESTIONNAIR ( APPENDIX II ) 5 DETAILS OF AVAILABLE TRUCKS ( APPENDIX III ) 6 STATEMENT OF CREDENTIALS & ( APPENDIX IV ) D D DETAILS FOR E. M. D. 7 DRAFT OF STANDARD CONTRACT AGREEMENT & INTEGRITY PACT AGREEMENT [APPENDIX V, V(A) & V (B)] 8 SC / ST CERTIFICATE ( IF APPLICABLE ) ( APPENDIX VI ) 9 AFFIDAVIT FOR ATTACHED TRUCKS IF APPLICABLE ( APPENDIX VII ) 10 SPECIAL TERMS AND CONDITIONS ( APPENDIX VIII) 11 DECLARATION BY THE TENDERER

( 2 ) P R I C E B I D

Sr. No. DOCUMENT 1 PRICE BID - SCHEDULE OF RATES 2 PROPOSED PACKED SUPPLIES AND ESTIMATED VOLUMES OF BUSINESS & RTKM 3 ILLUSTRATION / EXAMPLE TO QUOTE RATES

IMPORTANT *** :

 CREDENTIAL BID (UNPRICED BID) AND DEMAND DRAFT OF EMD TO BE PLACED IN ======> SEALED ENVELPOPE “B”

 PRICED BID TO BE PLACED IN ======> SEALED ENVELOPE “C”

 SEALED EVELOPES OF CREDENTIAL BID “ B ” & PRICED BID “ C” TO BE PLACED IN ======> SEALED ENVELOPE “A”

*** ANY OF THE BID IF FOUND PLACED IN ENVELOPE NOT MEANT FOR IT SHALL NOT BE CONSIDERED . TENDERS OF SUCH BIDDERS WHO DO NOT ABIDE BY ABOVE INSTRUCTIONS , WILL BE REJECTED .

EVALUATION CRITERIA

Signature / Stamp Of the Bidder 5 IMPORTANT : NOT WITHSTANDING ANYTHING CONTAINED ELSEWHERE IN THIS TENDER , IN THE EVENT THAT CORPORATION RECEIVES THE SAME RATE FOR A PARTICULAR SECTOR / DISTANCE SLAB W.R.T ANY SOURCE / LOADING BASE BY A GROUP OF BIDDERS , THE CORPORATION RESERVES THE RIGHT TO BELIEVE THAT THESE BIDDERS HAVE FORMED CARTEL AND THE RATE QUOTED AS `CARTEL RATE ` AND MAY ACCEPT OR REJECT OR NOT RECKON SUCH RATES / OFFERD TRUCKS / RANKING ETC. OF SUCH OFFERS . IN SUCH CASE THE CORPORATION ALSO RESERVES THE RIGHT TO FOLLOW THE NEGOTIATION PROCESS WITH SUCH BIDDERS IF DEEMED FIT AND AMMEND THE EVALUATION CRITERIA BEST SUITED TO THE INTEREST OF THE CORPORATION .

1. LPG distributors of the Corporation who participate in the tender as dealer-cum- transporters should quote specific / competitive rates in their price bids. Other things being equal, preference will be given to HPC dealers who participate in the tender as dealer-cum- transporters and are successful on the merits of the tender , such dealers would be awarded the contract to uplift only their own load requirements by their trucks at the lowest negotiated rates. Balance business available in each sector would be distributed among the successful transporters of that sector as per the method of distribution detailed below:

2. The criteria for evaluation of the price bid and finalization of contract shall take into account (i) Lowest value of the offer in each sector (ii) Ranking of the tenderer in each sector (iii) Reservations to SC/ST (Provided eligible SC/ST bidders accept the L1 rates) (iv) No. of trucks offered by the tenderer for which RC books have been found in order.

3. To have flexibility and to ensure smooth supplies of LPG cylinders, minimum two transporters are required in each sector. Negotiations will be carried out only with the L1 party/parties Counter- offer of the rates finalized with the L1 party will be made to the other parties in ascending order of their rankings, till the full requirement of trucks is met at the L1 rate in each sector.

4. If two transporters are required, business would be distributed between the L-1 and the L-2 Transporters in the ratio of 60:40 as per the rates finalized with the L-1 Transporter. If there are two Transporters quoting the same lowest rate (two L-1 parties) the business would be distributed between the two L-1 Transporters in the ratio of 50:50. If the business is to be distributed among L1, L2 ad L3 parties, apportionment after matching of rates will be made in the ratio of 50:30:20, and such other basis for more than three parties. The business of transportation will be awarded to the eligible bidders strictly as per the applicable ratio subject to the limitation of number of trucks quoted by them. The shortfall of trucks if any shall be fulfilled from the balance eligible bidders matching the negotiated lowest rate as per their original ranking.

5. If the other eligible bidders do not agree to match the lowest negotiated rate counter offered to them, the Corporation reserves the right to fully award the business to the L-1 transporter. If the L-1 transporter alone is not capable of fulfilling the total requirement of trucks in that sector, then if it becomes necessary for the Corporation to transport in that sector at different rates, the

Signature / Stamp Of the Bidder 6 Corporation reserves the right to award contract in such a way so as to enable the Corporation to get the maximum advantage.

6. In case of Partnership Firms, the truck quoted in the Tender should be registered either in the name of the firm or any one of the Partners of the Firm. In the event, the truck is registered in the name of a partner then such partner should submit affidavit for operating the truck in the name of firm. The tenderer should submit copy of Partnership Deed along with credential bid.

7. With increase in requirement of trucks due to ever increasing market demand, the Corporation at its sole discretion reserves the right to induct trucks from any LPG dealer of Hindustan Petroleum Corporation Ltd., who had participated in the Tender for enlistment of their own load requirement during the currency of the contract.

8. Successful LPG distributors of the Corporation will be awarded business only to uplift their own load requirements by their trucks. Since one dealer’s truck is not going to be utilized for sending load to the other dealer, the effective utilization of dealer’s trucks may be less in certain cases compared to the transporters trucks. Hence the exact number of trucks required in each sector from the transporters would be ascertained after evaluation of the Bids (after knowing the No. of trucks offered by the successful bidders).

9. Copies of RC books and affidavits in the enclosed format to be provided from the truck owners for all attached trucks. In absence of these documents, attached trucks offered by the bidders will not be considered. Corporation is not bound to collect the pending documents from the bidders. Bidders are required to furnish the information regarding the trucks as per requirements. Corporation is at liberty to reject any of the trucks whose details are either not submitted by the bidders or submitted wrong / dual information .

INSTRUCTIONS TO TENDERERS FOR SUBMISSION OF DOCUMENTS TO BE ENCLOSED

Signature / Stamp Of the Bidder 7 COPIES OF ALL DOCUMENTS LISTED BELOW SHOULD BE DULY ATTESTED BY CORPORATION`S CONCERNED PLANT MANAGER OR REGIONAL OFFICE HEAD OR BY NOTARY PUBLIC. ILLEGIBLE OR UN-ATTESTED COPIES OF THE DOCUMENTS WILL NOT BE CONSIDERED.

LIST OF DOCUMENTS

 COPIES OF RC BOOKS OF ALL OWNED & ATTACHED TRUCKS  LATEST BALANCE SHEET  LATEST BANKER`S CERTIFICATE FOR FINANCIAL STANDING  SC/ST CERTIFICATE ISSUED BY COMPETENT AUTHORITY (IF APPLICABLE)  PARTENERSHIP DEED ( IF APPLICABLE )  AFFIDAVIT FROM TRUCK OWNERS FOR ATTACHED TRUCKS  AFFIDAVITS FROM PARTNERS IF THE TRUCKS ARE OWNED BY THE PARTNERS IN THE FIRM

*** IMPORTANT NOTE:

EMD DRAFT SHOULD BE ENCLOSED WITH THE CREDENTIAL BIDS ONLY. NAME OF THE PARTY AND TENDER NO. SHOULD ALSO BE MENTIONED ON THE REVERSE SIDE OF THE DEMAND DRAFT

(No interest is payable on EMD amount. EMD shall be refunded only after finalisation of the contract . No correspondence for refunding the EMD before finalisation of the contract will be entertained by the corporation . )

ALL DOCUMENTS SUBMITTED AS DESIRED BY HPCL

APPENDIX I GENERAL TERMS AND CONDITIONS

Signature / Stamp Of the Bidder 8 (A) SUBMISSION OF TERMS: 1. The tender document shall be purchased by the party in his/their own name as the tender document is non-transferable. (Please attach copy of the CR of purchase of Tender form )

2. Tender document are issued in duplicate (2 sets). Tenders must be submitted on one set as per the list of the Tender Document enclosed and should be strictly in line with our Terms and Conditions. Second set of Tender Documents is for Tenderer’s records.

I. COUNTER TERMS AND CONDITIONS WILL NOT BE ACCEPTED.

II. Over - writing should be avoided. Corrections, if any, should be initialed by the Tenderer If two rates in the price bid are written the lowest shall be considered .

3. The quotation, in sealed envelope, duly super scribed with the Tender Number should be dropped in the LPG Tender Box placed near reception counter of North Zone Office, 8 th Floor, Scope Minar, Laxmi Nagar, Vikas Marg, Delhi 110092 by the stipulated due date and time.

I) Unpriced Bid (Credential Bid) in - Cover Marked “B”

Unpriced quotations, dully filled in & signed together with Earnest Money Deposit & enclosures should be sealed in cover “B”.

II) Priced Bid in - (Cover Marked “C”)

Priced Bids, dully filled in WITH PRICE DETAILS and signed, together with all enclosures should be put and sealed in Cover “C”.

4. Both the above envelopes “B” & “C” duly sealed separately should then be enclosed in Common Envelope “A” provided along with the Tender documents and super scribed with Tender No./ opening date & time & item for which tendered, should be deposited in the LPG Tender Box at above address on or before the Due date & time.

5. Tenders received without Earnest Money Deposit and not meeting tender conditions / incomplete in any respect shall be rejected.

B) EARNEST MONEY DEPOSIT (EMD):

1. Tenderer shall pay the EMD of Rs. 100,000/- (Rs. One lac Only) for Transporters, only by crossed “Account Payee” Demand Draft in favour of M/s. Hindustan Petroleum Corporation Ltd. Payable at any scheduled Bank at New Delhi. Public Sector Undertakings are exempted from submission of EMD.

2. Cheques and / or request for adjustment against any pending dues/bills will not be accepted and any Tender with such cheques/ requests shall be treated to have been received without EMD and shall be rejected.

3. EMD will be forfeited if the tenderer:-

Signature / Stamp Of the Bidder 9 I. Modifies/withdraws the offer during the validity period of 180 days from the due date of tender.

II. Refuses to sign the Integrity Pact Agreement or transport contract agreement after award of contract by the Corporation.

III. Does not furnish the requisite Bank Guarantee.

IV. Is unable to position the trucks within the stipulated time after issuance of letter of Intent regarding award of contract and /or award of contract.

4. EMD for unsuccessful tender would be refunded only after finalization of the tender and on surrender of the original cash receipt issued by the corporation. In case of successful tenderer/s, the EMD would be refunded only after complete submission of the requisite Bank Guarantee.

5. No interest is payable on EMD. Also EMD of some other tender is not adjustable against this tender .

C) VALIDITY OF TENDERS:

Offers should be valid for acceptance for a period of 180 day from the date of opening of the Priced Bids. Once the tender is accepted and work awarded, the rates would be valid for the entire contractual period. No tenderer will be allowed either to withdraw or to revise his/ their offer after the last date of receipt of tenders.

D) AGREEMENT:

Successful Tenderer, before undertaking the work, would be required to execute the Agreement within 15 days from the date of confirmation of award of contract by the Corporation ( or as advised at the time of issuance of LOI), failing which Corporation may forfeit the EMD without prejudice to its rights and cancel the award without giving further notice.

E) BANK GUARANTEE :

1. Successful tenderer would be required to furnish a Bank Guarantee for the stipulated amount for the full period of contract (including the option period plus six months) within 15 days of issuance of Letter of Intent/confirmation of award of contract by the Corporation, failing which, corporation may forfeit the EMD without prejudice to its rights and cancel the award of contract without giving further notice.

2. Any loss, damage, charges and expenses arising out of the contract may be recovered from contractor’s running bills under the contract or running bills of any of his other contract with the Corporation.

F) COMMENCEMENT OF TRANSPORTATION:

Contractor will be entrusted with transportation work only after all the formalities, viz signing of Agreement and submission of bank Guarantee, etc are completed.

G) QUESTIONNAIRE (APPENDIX II) :

Signature / Stamp Of the Bidder 10 The attached Questionnaire must be filled completely and certified true in all respects. Tender is liable to be rejected if the information supplied therein, on inquiry, is found to be incorrect and /or false.

H) No unsolicited correspondence/queries will be entertained while the award of business /contract is under review. Corporation regrets its inability to answer individual queries.

I) The Corporation does not guarantee any definite minimum volume of business. Volumes will be advised to the contractor from time to time by the concerned Plant Manager and /or concerned Regional Office.

J) The two way trip from Bottling Plant to Leh & Kargil will be for 264 filled cylinders and from Leh & Kargil to Bottling Plant will be 300 empty cylinders. However, the one way load from Bottling Plant to Leh & Kargil will be for 264 cylinders only. The trucks should be duly approved by the concerned RTO to carry the required weight.

K) Integrity Pact: Effective 1st September, 2007, all tenders and contracts are required to 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.

L) Grievances of the parties participating or intend to participate in the tender shall be addressed in writing to 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 HPCL website.

APPENDIX II

Signature / Stamp Of the Bidder 11 Q U E S T I O N N A I R E

1. Name of the firm ------

2. Nature of the firm (state whether Ltd. Co. Partnership, Co-op. Society or sole proprietor).

3. Year of Establishment

4. Registration Number, if any

5. Registered Postal Address

6. E Mail Address

7. Telephone no. (s) if any

8. Name of Directors/ Partners/ Proprietor as the case may be with Address & Telephone No.

9. Address of Branches, if any

10. Name of the Bankers/Branch with Full address

11. Type of Account & A/c No. 12. Name (s) of Persons (s) operating the account . 13. Code No. Allotted by Indian Banks Association, if any

14. Name (s) of Authorized Representative (s)

15 Category of the bidder GENERAL / SC / ST

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

APPENDIX III

Signature / Stamp Of the Bidder 12 DETAILS OF AVAILABLE TRUCKS

Provide details of the truck (s) which can be deployed exclusively under this contract. The transporter should own minimum 2 trucks in their name or their firm’s name which are not plying in other Contracts. Those who are quoting as dealer cum transporter, should own minimum 1 truck in their name or their firm name. Particulars of owned/attached trucks (Attach additional sheets, if required) :

Sr. Regn. No. Of Owner`s Name as Truck `Engine No. Chasis No. Model No Truck per Regn. Book Owned . Or Attached 1

NOTE: Ownership of the trucks will be accepted strictly in line with the name of the Registered Owner as per the RC Books on or before the due date of the tender. Attach the updated copy of the RC books for all the trucks quoted against this tender . Wrong declaration of details observed at any stage will liable for rejection of the truck / tender . Transporters whose trucks are presently deployed in other Oil Co. are required to attach a NOC from the concerned Oil Co certifying that the quoted truck shall be available for HPCL if contract is awarded to such tenderer . Copies of RC book should be duly attested by Plant / RO or should be Notorised.

Certified that above trucks are not Blacklisted / Plying in any other Oil Company/ PSU.

Signature / Stamp Of the Bidder 13 DETAILS OF AVAILABLE TRUCKS

Particulars of Owned /Attached Trucks ...... Contd.

Sr. Regn. No. Owner`s Name as Truck Engine No. Chasis No. Model No. Of Truck per Regn. Book Owned Or Attached 11

Certified that above trucks are not Blacklisted / Plying in any other Oil Company or PSU

APPENDIX IV

Signature / Stamp Of the Bidder 14 STATEMENT OF CREDENTIALS

Tenders should fill in their Technical Offer by way of providing all information asked for. The same should be kept in the envelope “B” provided and to be submitted, duly sealed along with the other tender documents.

1. A) Name & Address of the contractor

B) Tick applicable Category GENERAL / SC / ST

2. Type of job in which engaged as independent contractor.

3. Maximum value of job the Contractor is capable of handling per year

(Furnish details of Financial Standing together with Bank references & necessary Solvency Certificate from any Nationalized Bank)

4. Whether you have qualified /trained/experienced Staff on your roll to handle this job.

5. No. of years of experience in the field of transportation of Petroleum product.

6. Details of EMD submitted along with the Tender form

Demand Draft No. ______Date ______

Amount : ______Drawn on (Bank) ______

IMPORTANT NOTE Please ensure that the requisite Demand Draft is attached with the Credential Bid of the Tender Document only. In the absence of EMD the bid shall be rejected .

APPENDIX V

Signature / Stamp Of the Bidder 15 LPG CYLINDERS TRANSPORATION CONTRACT AGREEMENT

MEMORANDUM OF AGREEMENT made at______this ______day of______Two Thousand_ ___by and between ______carrying on business under the name and style of M/s . ______

Hereinafter called the "Transporter" which expression shall wherever the context so admits, mean and include his legal heirs, executors and administrators or the present members, or future members of the firm, their representative legal heirs, executors and administrators together with their survivors or survivor and HINDUSTAN PETROLEUM CORPORATION LIMITED, a company incorporated under the Indian Companies' Act 1956 having its Registered Office at 17, Jamshedji Tata Road, Mumbai - 400 020 and the Office of Zonal Head LPG SBU , at Scope Minar North Tower 8 th Floor, Laxmi Nagar New Delhi 110 092 hereinafter called the "Corporation" which expression shall wherever the context admits mean and include its successors and assigns of the other part.

WHEREAS the Corporation is desirous of appointing Transporter for its Liquefied Petroleum Gas (LPG) Cylinders and WHEREAS the transporter has agreed to transport in trucks the said Corporation's / Liquefied Petroleum Gas (LPG) Cylinders ex Filling Plant particularly described in the schedule of Rates to various destinations as mentioned in the scheduled rates attached hereto, in consideration of the remuneration and on the terms and conditions hereinafter contained.

NOW, THEREFORE, THIS AGREEMENT WITNESSES AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1 VEHICLE FOR TRANSPORTATION a) The transporter shall transport LPG Cylinders in trucks having valid licenses and owned and / or operated by him. b) The transporter shall immediately provide the Registration Number, Xerox copy of RC books and all other particulars of ownership in respect of the trucks of the transporter which will be operated for the purpose of the Corporation under this agreement and shall not undertake any change in respect thereof without obtaining prior written consent from the Corporation. c) The Corporation’s Filling Plant shall decide the schedule of dispatches, routing of transporter's trucks to various destinations basis priorities and turnarounds. Scheduling of trucks shall be carried out by the Filling Plant in such a manner as to ensure equitable distribution of the transportation business between transporters as per agreed / stipulated norms. The transporter shall not insist upon utilising his truck on certain routes and for specific destinations of his choice only. The transporter shall supply additional trucks when required and for which 24 hours advance notice shall be given to the transporter by the Filling Plant In-charge.

d) (i) Transporters shall ensure that the trucks provided for the transportation of LPG Cylinders shall conform to the rules regarding transportation of the petroleum products and the provisions of Petroleum Act, 1976 or any amendment or re-enactment thereof from time to time and the rules and orders framed thereunder.

 Transporter to arrange for public liability insurance as per Public insurance Liability Act, 1991.  Drivers of vehicle should have endorsement on their license regarding authorization to drive hazardous product carrying vehicle under Rule of Central Motor Vehicle Act, 1989.

Signature / Stamp Of the Bidder 16 (ii) Each truck shall carry a portable fire extinguisher preferably 10 kg. DCP type in readily accessible position. The extinguishers shall be properly maintained and shall be in working conditions.

(iii) The exhaust of each truck must be fitted permanently with a proper spark arrestor, which conforms to the design approved by CCOE

(iv) All electrical wirings in the trucks will be armoured and the wiring layout should be as prescribed by C.C.O.E. e) Only sound trucks which are in efficient working conditions and conforming to the Motor Vehicle Act as applicable from time to time shall be deployed by the transporter for LPG Cylinder transportation. The size of the body of the truck shall be such as to accommodate 300 cylinders of 14.2 Kg. capacity. The side and end flaps of the truck should get locked in an upright position without buckling or slanting. f) The truck should have caged construction and the facility to lock the truck after loading of cylinders.

2. DELIVERY / CARRIAGE OF GOODS : a) The transporter shall make arrangements to take delivery of the LPG Cylinders to be transported ex- Bottling plants within 24 hours of telephonic advice, failing which, the Corporation reserves the right to make alternate arrangements for transportation. In such cases, the excess transportation cost, if any, shall be recovered form the transporter. b) If for any reason a Distributor is unable to accept a load consigned to him, the transporter shall immediately contact the Bottling Plant In-charge concerned and report the matter to him. Under no circumstances shall the transporter return his truck with filled cylinders to the Bottling Plant unless authorized to do so by the Plant In-charge/Plant Officer.

c) When supplies of filled Cylinders are made on the basis of payment at site, it shall be the responsibility of the transporter to collect beforehand the demand draft/cheque from the Distributor, on behalf of the Corporation and then only deliver cylinders to the Distributor. The transporter shall hand over the instrument to the Bottling Plant promptly on the same date. The next load will not be given to the truck unless the Demand Draft/Cheque for the previous trip has been handed over to the Bottling Plant. If the Demand Draft or Cheque is lost by the transporter, it shall be his responsibility to make good the amount to the Corporation promptly failing which, the Corporation reserves the right to recover the amount from the transporter’s running bills or Bank Guarantee. If any dealer hands over his order and Demand Draft/Cheque for the next load to the transporter or his truck crew, it shall be the responsibility of the transporter to promptly hand over the same to the Bottling Plant In-charge. d) Cylinders shall be loaded vertically on the trucks, in an upright position, in rows with the valves facing upwards. No Cylinder should project above or beyond the sides or ends of the vehicle. e) The transporter shall ensure that the LPG cylinders are delivered / returned (empties) at/to the destination/Plant promptly within prescribed trip time as advised by Plant. For delayed deliveries/return of empties exceeding the prescribed trip timings, the Corporation reserves the right to impose a penalty on the transporter at the rate of five percent of the cost of the transportation charges per day or delay and such penalties shall be recovered from the transporter's bills unless satisfactory explanation is given by the transporter for the delay.

Signature / Stamp Of the Bidder 17 f) Depending upon the Corporation's requirements, the transporter shall make two point deliveries in a single trip by any of his trucks contracted to the Corporation without any extra charges. g) Should the Bottling Plants work for extended hours on regular working days and work on any holidays, the transporter will be informed sufficiently in advance and it shall be his responsibility to provide trucks and labour as scheduled / required by the Corporation's Plant In-charge to clear the planned despatches. h) The transporter's truck carrying cylinders shall have to occasionally transport boxes of LPG regulators as and when asked for by the Corporation.

Under no circumstances the transporter shall refuse to accept loads consigned to any HPC location / OMC location.

3 OPERATION OF TRUCKS : a) The transporter shall obtain, at his cost, all necessary route permits for plying the vehicles within the state or on inter-state routes for the transportation of the cylinders. The transporter shall pay the applicable Octroi charges at destinations and the Corporation shall reimburse these amounts to the transporter on production of the payment receipts thereof which shall be submitted alongwith the bills for transportation unless otherwise specified. The existing Toll/Entry/Transit taxes will not be reimbursed. Any escalation/ new taxes/Toll Statutory levies implemented after closing of the tender due date will be reimbursed subject to production of original receipt of payment. Company’s decision whether any charge is reimbursable or not would be binding on the transporter. b) The Corporation does not undertake any responsibility or make any commitment to provide the transporter or his employees, with facilities such as Office accommodation, canteen, tea, toilet, telephone etc. c) The transporter shall bear and pay the entire operational costs of the trucks for transportation of the product which shall include, inter-alia, the following:

i) Salary and other emoluments for the crew and labour used for loading / unloading of LPG cylinders and other necessary reliefs.

ii) Cost of fuels and lubricating oil required for the operation of the trucks.

iii) Maintenance and repair cost of the trucks.

iv) Licences, permits, road tax etc.

v) Transit insurance

vi) All idling charges, loss or delay in transport, transit road stoppages, delay in time consumed in loading or unloading of cylinders or for any other reasons, whatsoever, on account of operations hereinunder d) The Corporation undertakes to provide outward/return trip on full load basis. In the case of round trip transportation, transporter shall bring back from the destination empty cylinders equivalent to the number of filled cylinders carried on the forward trip. If the dealer does not deliver empty cylinders equivalent to the number of filled cylinders, transporter shall be paid at the round trip rate

Signature / Stamp Of the Bidder 18 for the number of filled cylinders transported. Depending upon requirements, Corporation may also utilise trucks to carry part loads in which case transporter shall be paid for full truck loads. e) It will be the responsibility of the transporter to ensure that their trucks and the transport operators fully conform to the Gas Cylinder Rules, 1981 and latest amendments if any. f) Un-authorised parking of transporter's trucks within Corporation/Bottling Plant premises shall not be permitted. g) The Corporation does not take any responsibility to keep the transporter's trucks, loaded with filled or empty cylinders, in its premises if the trucks arrive at the Bottling Plant beyond the regular working hours and on holidays. It shall be the responsibility of the transporter to keep the filled or empty cylinders under his safe custody, outside the Corporation's working hours. No detention charges shall be payable by the Corporation to the transporter for the detention of his trucks which arrive at the Corporation's Bottling Plant. h) At all times, the transporter shall indemnify the Corporation from and against all damages, claims, suits and other like events arising from and in connection with injury to any person or property, short deliveries of the product or otherwise howsoever in connection with matters connected with this agreement.

4 LOSS / DAMAGE OF CYLINDERS : a) It shall be the responsibility of the transporter to ensure that the cylinders handed over for transportation are complete with all fittings etc. and without any damages at the time he accepts the load from the Bottling Plant as well as from the Distributor’s end. The cost of fittings, parts and accessories found missing / damaged at time of delivery of cylinders both at Bottling Plant and at Distributor's end will be recovered from the transporter's bills. It shall be the responsibility of the transporter to secure necessary endorsement on documents both from the Corporation's Bottling Plant and the Distributors at the destination about fittings, fixtures etc. if found missing at the time of accepting loads.

It is specifically agreed between the Corporation and the transporter, that in the case of losses arising thereby, the material viz. LPG cylinders and / or the parts and the accessories of LPG cylinders lost or damaged under the transportation of the said material, the transporter shall pay liquidated damages being the applicable rate of the Equipment Tariff in force on the day of loss or damage caused to the said materials.

Transporter shall check all empty cylinders before loading in their trucks at Dealers premises, shall not accept / deliver OMC cylinder (LPG Cylinder belonging to Other Marketing Company) to the plant. In case, such cylinder is delivered, the same shall be retained at the plant and Rs. 900/- per cylinder will be debited.

The following is the Equipment Tariff which is currently applicable:

Sr. No. ITEM DESCRIPTION TARIFF (Rs.)

(i) LPG Cylinder of 14.2 Kg. with valve (Self Closing) & security cap. 2000/-

LPG Cylinder of 19 Kg. with valve (self closing) & security cap. 2,250/-

Signature / Stamp Of the Bidder 19 LPG Cylinder of 35 Kg. with valve (self closing) and security cap. 4,500/-

(ii) LPG cylinder valve. 100/-

(iii) Security Cap with wire spring and nylon cord for new self closing valves (material ABS or equivalent) 2/-

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

(v) OMC Cylinders 1000/-

(vi) LPG product: Ruling rate applicable for Non-Essential Customers

The aforesaid amount will be recoverable as a liquidated damage for the loss or damage to cylinders and/ or other equipment and the transporter will have to pay the same within 30 days from the demand made by the Corporation. Provided, however, the Corporation shall, in addition to any other right, have right to recover the aforesaid liquidated damage from the transporter out of any pending bill of the transporter with the Corporation.

As and when the Equipment Tariff is amended or changed during the subsistence of this contract, the transporter will be informed in writing about the rates applicable on account of such amendments or modifications of the equipment tariffs. Failure to notify such amendments or notifications, by the corporation will not be a ground to violate any terms, conditions of this contract and will not absolve the transporter from their liability to compensate the corporation at the higher cost. b) Transporter shall be solely responsible for the safe custody of the cylinders and product, once these are handed over to him. c) Nylon security caps fitted to the filled cylinders with seals shall be delivered at the destination without any tampering or damage to the seals. Cost of Nylon security caps short delivered shall be recovered from the transporter. d) For any shortages of cylinders and LPG, while in the custody of the Transporter during transportation, following will be recovered from the transporter bills - Rs.2000/- & Rs.2250/- for 14.2 Kg. & 19.0 Kg. Cylinders respectively, in case of filled Cylinders cost of Gas at prevailing ND rates will be recovered additionally in both the cases.

For loss/shortage of regulator an amount of Rs. 250/- per regulator shall be recovered from the transporter. e) The transporter will make good to the Corporation any losses arising from:

(i) Confiscation by Government or Local Authorities of any quantities of the said products delivered to the transporter for transportation.

(ii) Loading / unloading or in transit for reasons other than the natural calamities such as earthquake, cyclone, floods and lighting riots or civil commotion.

The liability of providing that any loss or damage caused by any accident or fire resulting from the natural calamities as above, will be solely upon the transporter. The Corporation will also be entitled to compute

Signature / Stamp Of the Bidder 20 the amount of loss suffered by the Corporation and entitled to be reimbursed from the transporter under these provision and the decision and termination by the Corporation or it authorized representative as to reasons for such loss or as to the existence of any acts or events such as riots, civil commotion or natural calamities as prescribed above shall be final and binding on the transporter and shall not be questioned in any Court or Court of Law or Arbitration or otherwise and the transporter to hereby authorise the Corporation to set off and adjust such loss and damage against the amount of security deposit paid by the transporter to the Corporation and pending bill of the transporter and in the event of shortfall therein, and the transporter shall immediately upon a certificate issued by the Corporation, pay the same to the Corporation without demur or objection.

It shall be the responsibility of the transporter to ensure that the cylinders of Other Marketing Oil Companies are not mixed up while accepting filled cylinders from the Plant.

5 UTILISATION OF TRUCKS a) The Corporation does not guarantee minimum mileage for each truck per month nor do they guarantee the minimum number of trucks that will be utilised per month and no liability whatsoever shall be attached to the Corporation on account thereof. b) The Bottling Plant shall decide the schedule of dispatches. Scheduling of trucks shall be carried out by the Bottling Plant in such a manner as to ensure equitable distribution of the transportation business between transporters as per agreed / stipulated norms. c) The transporter shall agree to operate all trucks for all stations awarded to him / them as and when required by the Corporation. d) In case the transporter withdraws a truck, it shall be necessary for him to seek advice of the Corporation well in advance and also make alternate arrangements to maintain the continuity or work.

6. LOADING / UNLOADING / HANDLING OF CYLINDERS: a) The Corporation shall deliver the LPG Cylinders to the transporter at the loading / storage point. Loading / unloading of cylinders both at the plant as well as inside the godown of dealers shall be done by the transporter. Stacking / destacking of LPG Cylinders at destination / dealer's premises shall be done by transporter. b) Loading / unloading of cylinders to and from the trucks shall be done at any place within the plant premises as nominated by the Corporation's Bottling Plant In-charge. c) The loading / unloading of cylinders and stacking thereof inside the truck shall be handled carefully and safely by the transporter. If careless or rough handling by transporter's labour is established, the Corporation shall be free to recover the cost of damages / loss from the transporter.

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

8. SECURITY DEPOSIT / BANK GUARANTEE :

Signature / Stamp Of the Bidder 21 Upon commencement of the agreement, the transporter shall furnish the Corporation a Bank Guarantee of Rs. 20,000 /- per truck subject to a maximum of Rs. One Lakh per contract for an initial period of 2 ½ years which includes, inter alia, the full period of contract. Once the contract is extended for a period of one year after successful completion of the original period of two years, the transporter should extend the validity of bank guarantee for a further period of one year which includes the option period and additional six months. It shall be lawful for the Corporation to adjust the Bank Guarantee amount against all pending or future dues and also to appropriate the entire deposit or any part thereof against losses, damages, cost charges or expenses arising out of the transporter’s failure or negligence to observe any terms and conditions of this Contract. This is without prejudice to other remedies available to the Corporation.

9. SUBLETTING: The transporter shall not sublet any work entrusted to him except with the written consent of the corporation.

10. REMUNERATION / PAYMENT OF BILLS: a) Rate payable to the transporter shall be mentioned in the schedule of rates attached hereto. b) The transporter shall submit the bills, alongwith the transport charges copy of the Transshipment Order and Advice form / Invoice duly certified by the consignee for safe receipt of product, within 15 days from the date of delivery of the consignment. The bills shall be sent to the concerned paying office of the corporation (which will be advised at the time of award of contract). The payment terms of the corporation are - payment within 30 days from the date of receipt of bills. c) A penalty of Rs. 50/- will be levied in case the transport charges copy gets lost, unless satisfactory explanation is given by the transporter for the loss. Further, the transporter should provide documentary evidence to prove that the delivery was made intact.

A penalty of Rs. 300/- per transaction shall be levied for each one of the following lapses on the part of the transporter:

i) Duplicate billing for the same transaction. ii) Claim or bill for services not rendered by the transporter himself. d) Bills received after three months from the date of delivery will not be entertained by the Corporation unless satisfactory explanation is given by the transporter for the delay. e) Details of bills pending payment for more than two months should be advised to the corporation on a monthly basis and the corporation shall endeavor to settle them at the earliest. f) The corporation may in its sole discretion waive the above penalties / lapses if the transporter tenders satisfactory explanation for the lapses in question.

11. PERFORMANCE OF THE CONTRACT:

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

Signature / Stamp Of the Bidder 22 (ii) The Corporation shall provide the transporter with transport work hereunder as and when it considers necessary and shall not be bound to give or entrust all the transport work to the transporter or be bound by the estimated thru put shown in Schedule of Rates.

(iii) Nothing herein contained shall prevent the Corporation from engaging any other transporters to carry out transportation work similar to the work entrusted to the transporters. The Corporation reserves the right to appoint two or more transporters as it deems necessary towards achievement of efficient, timely and effective supplies.

12. DETENTION CHARGES :

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

13 TRANSPORTER'S EMPLOYEES: a) The transporter shall engage only the labourers registered with the Goods Transport Labour Board as applicable for that particular State/their own personnel for loading / unloading operation at both the filling plant and distributor's premises and stacking / destacking in the Distributor's premises / godown. Persons so employed by the transporter shall not be deemed to be in employment of HINDUSTAN PETROLEUM CORPORAITON LIMITED and the supervision and control of such employees shall rest always with the transporter only. b) The transporter shall undertake that no person working for them is a foreigner, shall enter into the premises declared by the Government as 'protected places' which shall include all the Bottling Plants and refineries. The transporter fully undertakes to strictly abide by the Defence of India Act and Rules. c) If, however, any claim is made by any employees of the transporter against the Corporation for wages, compensation or any sum of dues, the transporter agrees to indemnify the Corporation of all such claims and to pay all the expenses which the Corporation may incur in defending any proceedings pursuant to such claims. d) Unauthorised driving of the transporter's trucks by his men, who do not possess valid heavy vehicle driving licenses within or outside the Corporation's premises while handling transportation for the Corporation shall not be permitted. e) The transporter and his men shall abide by the rules and regulations of the Corporation and Distributors when they are within the Corporation's Bottling Plant premises and Distributor's premises. All safety precautions as per the Corporation's rules should be observed by the transporter and his staff / men so long as they are within the Corporation's Bottling Plant premises. f) The transporter shall be responsible for and shall pay any compensation to their employees payable under the Workmen's Compensation Act 1923 and 1933 and the amendments there to for the injuries caused to the workmen. The transporter shall be responsible for and pay the expenses for providing medical treatment to any employees who may suffer any bodily injury as a result of any accident. In every case, in which by virtue of the provisions of Section 12 subsection 1 of Workmen's Compensation Act, 1923, the Corporation is obliged to pay compensation to workmen employed by the transporter in execution of the works, and without prejudice to the rights of the Corporation under Section 12 Sub section 2 of the said Act, the Corporation shall be at

Signature / Stamp Of the Bidder 23 liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due from the Corporation to the transporter whether under this contract or otherwise. The Corporation shall not be bound to contest any claim made against it under Section 12, Sub-section 1 of the said Act except on the written request of the transporter and upon his giving to the Corporation full security for all costs for which the Corporation might become liable in consequence of contesting such claims. g) The transporter shall be liable for all payments to his staff employed for the performance or carrying out of the said work and in respect of all claims and liabilities of the transporter's business and the Corporation shall in no event be liable or responsible for any payment and the transporter shall keep the Corporation indemnified against the same and from all proceedings in respect thereof. h) The transporter shall duly introduce the Provident Fund Scheme to the staff employed by him, if so required by law, as envisaged by the provisions of Employee's Provident Fund Act. i) The transporter shall duly introduce the contributory scheme for the employees under him, if so required by law, as envisaged by the provisions of State Insurance Act, 1946. j) The transporter shall observe and implement all the laws of the land and the rules frames there under which are beneficial to the staff employed by him and that the Corporation shall, in no event be liable or responsible for any default that will arise out of non-observance of such law/s, rules on the part of the transporter and that the transporter shall indemnify and keep indemnified the Corporation against the same and from all proceedings in respect thereof. k) The transporter agrees to abide by the Motor Vehicles Act, Payment of Wages Act and other Labour Regulations in force in the area where he is plying the trucks. l) The transporter shall indemnify and keep indemnified the Corporation from any claims made under the Workmen’s Compensation Act of 1923, Employees State Insurance Act, Employees’ Provident Fund Act and/or other Laws in force by the transporter’s employees including the driver, cleaner, labour or any other person in connection with the transportation of the product. m) All the truck drivers have to be provided with mobile telephones The mobile number and truck number details shall be kept at the Plant / RO at the time of signing the agreement for the trucks . This is important for the safety of your vehicle and the crew and also shall facilitate in chasing the truck crew in case of emergency .

14 . DAMAGES TO CORPORATION’S PROPERTY/EMPLOYEE :

The transporter shall remain at all times, liable to the Corporation, for any loss or damage caused to any building, plant, machinery or property of the Corporation due to carelessness, negligence, inexperience or default of the transporter, his/their agents, representatives or employees. The Corporation shall be the sole judge as regards the quantum of loss or damage and it shall be entitled to deduct from the amounts payable hereunder to the transporter, the cost of the repair or the amount of loss or damage.

The transporter will be liable for any loss, any injury to Corporation’s employees due to careless, negligent, inexperienced act or default to the transporter, his/their agents, representatives of employees.

Signature / Stamp Of the Bidder 24 The transporter shall not engage any child or bonded labour for handling his work in connection with this contract or contravene any of the Government Rules & Regulations in this regard. If any filled cylinder loaded in a truck of the transporter develops leak enroute, he or his crew shall contact the Bottling Plant In-charge immediately and take appropriate precautions, corrective actions as directed by the Plant In-charge.

15. INSURANCE :

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

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

16. SUSPENSION OF TRUCKS :

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

17. SPURIOUS / DEFECTIVE CYLINDERS :

It shall be the responsibility of the transporter to ensure no spurious/ OMC cylinders are inducted in our distribution system in the course of transportation of cylinders. Transporter is expected to identify spurious / OMC cylinders while receiving empties from the Distributors and in case of doubt about any cylinders, they should note down the serial number of the cylinder duly certified by the Distributor.

Final identification will be done by the plant concerned, failing observance of the above procedure, recoveries will be made from the transporter for the spurious cylinders at the rate of Rs. 2000/ per 14.2 kg cylinder, Rs. 2,250 /- per 19 kg cylinder and Rs.6000/- per 47.5 Kg. cylinder. For receipt of OMC cylinder recovery shall be made @ Rs. 1000/- per cylinder. In all such cases, the decision of the Corporation will be final and binding on the transporter. Hence, such detection or delivery of spurious /OMC cylinders by the transporter will be dealt severely, which may include even termination of contract and/or appropriate penalties to be levied as determined by the Corporation. In such cases, the decision of the Corporation will be final and binding on the transporter.

Notwithstanding anything contained in this clause the Corporation shall have the right to de-shape and scrap/ dispose off the spurious/ OMC cylinder and pressure regulators at the sole discretion of the Corporation after giving seven days notice to the transporter and the transporter shall have no right to question the said act of the Corporation.

It shall be the responsibility of the transporter to ensure that the cylinders of other marketing Oil Companies, are not mixed up while accepting filled cylinders from plant and empty cylinders from distributors. Delivery of OMC cylinders will be penalised as per the rates specified above. The

Signature / Stamp Of the Bidder 25 identification of OMC cylinders shall be ensured on the basis of markings on the stay plates, foot rings, colour code, etc. of the cylinders, which is only directional.

18. PERIOD OF CONTRACT : The contract shall be for a period of TWO Years effective ______with renewal option of one year at the sole discretion of the Corporation. The transporter will not have any objection for the same. However the Corporation reserves the right to terminate the contract at any time before expiry of the period of contract by giving the transporter one month’s advance notice in writing without assigning any reasons whatsoever.

The Corporation in its absolute discretion and without prejudice to its other rights and remedies, may terminate this contract forthwith, if the transporter commits a breach of any of the terms and conditions of this agreement or the transporter being a firm, any member of the transporters firm is adjudicated insolvent or enters into any arrangement or compromise with the creditors or if execution or other process is levied or if the road permit issued by the transport authorities to the transporter are canceled or revoked.

19 RATE ESCALATION/ DE-ESCALATION : The corporation will consider an appropriate increase/decrease in the schedule of Rates during the contractual period in the event of increase/ decrease in prices only of HSD/Lubes/Tyres, resulting from increase/decrease after the due date of opening of unpriced bids.

The escalation/ de-escalation shall be calculated on the basis of: a) Number of cylinders per truck load : 264 Filled/300 Empty b) Average consumption of HSD : 4 Kms/Litre c) Average consumption of Lubes : 500 Kms/Litre d) For tyres, the average list prices of the following make will be considered :

CEAT, MRF, DULNLOP, MODISTONE & GOOD YEAR

Escalation/ de-escalation shall be calculated on the basis of 12 replacement nylon tyres complete with tubes and flaps as required for running a total distance of 1,00,000 Kms. Rate escalation/de- escalation for tyres, if any, shall be reviewed/ conceded once only on 1st April, every year. It shall be the responsibility of the transporter to provide documentary evidence in support of tyre prices announced by the manufacturer as listed above. e) Fuel & Lube Cost : i.) Escalation/ de-escalation should be applied when change in HSD retail selling rate is minimum five Paise / ltr. at a time. If the fluctuation in the HSD Retail Selling Rate is lower than five Paise / ltr. escalation/de-escalation should be applied when cumulative total of such fluctuations becomes five Paise/ltr. in terms of either increase or decrease. ii) Escalation / de- escalation to be applied when the extent of change in lubes retail selling rate is minimum 10% at the time. If the fluctuation in the Lubes Retail selling rate is lower than 10% escalation/de- escalation should be applied when cumulative impact of such fluctuations becomes 10% in terms of either increase or decrease

20. ARBITRATION:

Signature / Stamp Of the Bidder 26 20.1 All disputes and differences of whatsoever nature, whether existing or which shall at any time arise between the parties hereto touching or concerning the agreement, meaning, operation or effect thereof or to the rights and liabilities of the parties or arising out of or in relation thereto whether during or after completion of the contract or whether before or 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 and to the Appointing Authority hereinafter mentioned, be referred for adjudication to the Sole Arbitrator to be appointed as hereinafter provided.

20.2 The appointing authority shall either himself act as Sole Arbitrator or nominate some officer or retired officer of Hindustan Petroleum Corporation Ltd. (referred to as owner or HPCL) or retired officer of Oil PSUs or retired Senior Central Govt. Officer to act as 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 officer of the owner as the Sole Arbitrator on the ground that the said officer is/was an officer and/or shareholder of the owner or that he/she has to deal or dealt with the matter to which the contract relates or that in the course of his/her duties as an officer of the owner, he/she has/had expressed views on all or any of the matters in dispute or difference.

20.3 In the event of the Arbitrator to whom the mater is referred to, does not accept the appointment, or is unable or unwilling to act or resigns or vacates his office for any reason whatsoever, the Appointing Authority aforesaid, shall nominate another officer or retired officer of the Owner or retired officer of Oil PSUs or retired Senior Central Govt. Officer to act as Arbitrator

20.4 Such Officer nominated as 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 an officer or retired officer of the Owner or retired officer of Oil PSUs or retired Senior Central Govt. Officer nominated by the Appointing Authority shall act as an Arbitrator.

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

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

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

20.8 The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the parties unless the Sole Arbitrator otherwise directs in his award with reasons. The Award of the Sole Arbitrator shall be final and binding on both the parties.

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

20.10 The Contract shall be governed by and construed according to the laws in force in India. The Arbitration shall be held at DELHI and conducted in English language.

20.11 The appointing Authority is the Functional Director of Hindustan Petroleum Corporation Ltd.

Signature / Stamp Of the Bidder 27 IN WITNESS WHEREOF the parties have executed these presents on the day, month and year hereinabove mentioned.

Signed and delivered by the Signed and Delivered by the within named Transporter Duly constituted Attorney HINDUSTAN PETROLEUM CORPN. LTD.

In the presence of In the presence of

APPENDIX V (A)

INTEGRITY PACT AGREEMENT

No. ______Dated: ______

Signature / Stamp Of the Bidder 28 To,

HINDUSTAN PETROLEUM CORPORATION LIMITED

Sub: Purchase of Bidding Documents

HPCL and the Bidder agree that the Notice Inviting Tender (NIT) is an offer made on the condition that the bidder will sign the Integrity Pact and the Bid would be kept open in its original form without variation or modification for a period of 180 days from the last date for the receipt of tenders stated in the NIT AND THE MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT.

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

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

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

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

(Signature & Seal Of Bidder) (Hindustan Petroleum Corpn. Ltd)

APPENDIX V (B)

(This agreement has to be mandatorily signed by the bidder) (To be executed on plain paper and applicable for all tenders of value above Rs.1 crore)

INTEGRITY PACT

Signature / Stamp Of the Bidder 29 Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as “The Principal”, and ………………………………………………………. hereinafter referred to as “The Bidder/Contractor”

Preamble

The Principal intends to award, under laid down organization procedures, contract/s for ………………………………………… The Principle values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidders/s and Contractor/s.

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

Section 1 – Commitments of the Principal

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

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

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

3. The principal will exclude from the process all known prejudiced persons.

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

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

Signature / Stamp Of the Bidder 30 1. The Bidder / Contractor will not, directly or through any other person or firm, offer, promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

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

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

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

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

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

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

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

2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence, concludes that no reasonable doubt is possible.

(3) The Bidder accepts and undertakes to respect and uphold the Principal’s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion

Signature / Stamp Of the Bidder 31 on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

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

Section 4 – Compensation for Damages

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

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

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

Section 5 – Previous Transgression

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

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

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

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

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors and Subcontractors. (3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions.

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

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

Signature / Stamp Of the Bidder 32 Section 8 – External Independent Monitor / Monitors (three in number depending on the size of the contract) (to be decided by the Chairperson of the Principal)

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

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

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

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

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

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

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

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

Signature / Stamp Of the Bidder 33 (9) The word ‘Monitor’ would include both singular and plural.

Section 9 – Pact Duration

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

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

Section 10 – Other provisions

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

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

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

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

------For the Principal For the Bidder/Contractor

Place…………………… Witness 1: ……………………

Date…………………… Witness 2: …………………..

APPENDIX VI

Signature / Stamp Of the Bidder 34 SC / ST CERTIFICATE FORMAT The following standard format should be used for the purpose as per Govt. of India guidelines

This is to certify that Shri/Shrimati/Kumari ------Son/daughter * of ------Of village/town * ------in Distt. / Division ------of the state / Union Territory * Of ------belongs to the ------Caste /Tribe and his / her religion is ------which is recognised as a Scheduled Caste / Scheduled Tribe under the Scheduled Caste / Scheduled Tribe lists ( modification) order 1956 * read with the Mumbai reorganisation Act, 1960 and the Punjab Reorgnisation Act 1956 * .

The Constitution ( Jammu & Kashmir ) Scheduled Castes order 1956 * The Constitution (Andeman & Nicobar Islands) Scheduled Tribes order 1956 * The Constitution ( Dadra & Nagar Haveli) Scheduled Castes order 1962 * The Constitution ( Pondicherry) Scheduled Castes order 1964 * The Constitution ( Uttar Pradesh) Scheduled Castes order 1967 * The Constitution (Nagaland) Scheduled Tribes order 1970 *

Place______Signature ______

Date______Designation ______

(With Seal Of office ) State/ Union Territory * Please delete the words which are not applicable

APPENDIX VII

ON A NON -JUDICAL STAMPAPER OF RS. 10/-

Signature / Stamp Of the Bidder 35 FORMAT OF AFFIDAVIT

I/We______S/o. ______Shri ______resident of ______do hereby solemnly affirm and declare as under :

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

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

2. That I/ We understand that persuant to the Tender Notice no. ______, floated by Hindustan Petroleum Corporation Ltd. (HPCL), One M/s. ______submitted their offer for HPCL’s acceptance and I / we confirm that in the event the offer submitted by the said party is accepted, I will give the aforesaid trucks to the said party M/s. ______on such terms and conditions as may be agreed by and between the said ______and me for using such trucks for transportation of LPG cylinders with respect to tender terms mentioned in the said tender of HPCL.

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

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

DEPONENT

Verified at ______on Date ______

(The affidavit is required to be attested by Notary Public)

(1) APPENDIX VIII

Signature / Stamp Of the Bidder 36 SPECIAL TERMS AND CONDITIONS 01) The rates quoted by the tenderers in the price bid are for 14.2 Kg./15 Kg cylinders only. In case of 5 Kg., 19 Kg, 35 Kg & 47.5 Kg cylinders, the applicable rates will be as under:

For 19 Kg : 1.3 times of 14.2 Kg. Cylinder rate For 35 Kg : 2.5 times of 14.2 Kg. Cylinder rate For 47.5 Kg. : 3.3 times of 14.2 Kg. Cylinder rate For 05 Kg. : 0.35 times of 14.2 Kg. Cylinder rate

02) One truck load will be of 264 filled Cylinders and 300 Empty cylinders return. The maximum number of LPG cylinders to be carried in each truck shall be restricted to the RLW of the truck.

03) The transporter will be required to transport LPG cylinders on “AAWR” basis from the Bottling Plant to any other location, from time to time. The rates for such movements shall be as per the applicable slab rates. (“AAWR” means As And When Required basis.).

04) Cylinders shall be loaded vertically in the truck in an upright position, in rows with the value side facing upward.

05) For transportation of box of regulators along with cylinders, a rate of Rs. 1/- per box of regulators will be paid. (No Counter offers/ conditions will be acceptable).

06) Transporter will be paid a composite transportation rate inclusive of loading/unloading charges both at the filling plant and at the destination and stacking/de stacking at the Dealer’s godown.

07) Each truck must have a crew consisting of a driver/cleaner and a minimum 4 loading/unloading men. No arrangement between dealer and transporter for unloading/unloading at destinations will be permitted.

08) Each truck would be required to go to local and /or upcountry locations as per the discretion of the Corporation.

09) All safety fittings in trucks should be in accordance with requirements of LPG Plant and the staff of transporter should follow all rules & regulations of LPG Plant.

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

11) Spot movements to upcountry locations will take place only in emergencies.

12) Each transporter should own minimum of 2 trucks in their/firm’s name and dealer cum transporter should own 1 truck for being eligible & proof of ownership should be provided.

13) Additional trucks should be provided by transporter as and when required, for which prior intimation will be given.

Signature / Stamp Of the Bidder 37 14) Penalty for duplicate challan / invoice is Rs. 300/-.

15) Penalty for spurious cylinders and regulators and for loss of cylinders & regulations is Rs. 2000/- per 14.2 Kg cylinders and Rs. 2250/- for 19 Kg cylinders and Rs. 250/- per regulator. These Penalty charges are subject to revision from time to time at the discretion of the Corporation. In case of OMC cylinders delivered to the plant, not listed in dealer serial number list, Transporter will be debited @ Rs. 1000/- per cylinder and the same shall be recovered from the transportation bills.

16) Transporter should follow all rules & regulations of Motor Vehicles Act of 1988.

17) The necessary route permit, including inter-state permit will have to be obtained by the transporter at their cost and no reimbursement of this will be made by the Corporation.

18) No reimbursement of toll taxes or any other taxes levied en route will be made by the Corporation.

19) The rates indicated above are subject to escalation/de-escalation due to statutory revisions in the prices of petroleum products & also the revision in prices in respect of tyres/tubes/flaps effective from the opening of tender.

20) Each truck should carry a portable fire extinguisher, preferably 10 KG. DCP type in readily accessible position. The extinguisher should be properly maintained and should be in good working condition.

21) The exhaust of each truck must be fitted permanently with a proper spark arrestor which confirms to the design approved by CCOE.

22) No cylinder should project above or beyond the sides or ends of the vehicle.

23) All electrical wirings in the trucks will be armoured and the wiring layout should be as prescribed by the CCOE.

24) Only sound trucks which are in efficient working condition should be deployed by the transporter for LPG cylinders transportation. Size of the body should be such as to accommodate the prescribed round figure number of cylinders, both on the upward and return trips, irrespective of the different sizes and makes of the cylinder, viz. 19 kg or otherwise. The side and end doors of the trucks should get locked in upright position without buckling or slanting.

25) Depending upon requirements, Corporation may utilize trucks to carry part loads, sometimes. In such a case, the transporter shall be paid on full truck load basis.

26) It will be the responsibility of the transporter to ensure that all cylinders are complete with all fittings, etc and without damages at the time of accepting the load at our filling plant as well as at the destination end. Cost of fittings, parts and accessories found missing at the time of delivery at

Signature / Stamp Of the Bidder 38 both ends will be recovered from the transporter to secure necessary endorsements from both ends about fittings, fixtures, etc if found missing at the time of accepting loads.

27) Delrin Safety caps fitted to the filled cylinders with seals are to be delivered intact to the dealers/destinations without allowing any damage or tempering of seals. Equal/same number of nylon security caps are to be collected from dealers/destinations points alongwith empty cylinder and returned to our bottling/filling plants. Any shortfall in the number of Delrin Safety caps an amount of Rs. 2/- per cap shall be debited to the transporter.

28) It shall be the responsibility of the transporter to secure/obtain necessary endorsement from the dealers if short/ lesser number of empty cylinders or Delrin Safety caps are handed over by the dealers/destinations to the transporter on the forward trip.

29) The loading /unloading of cylinders and stacking of them inside the trucks should be handled carefully and safety by the transporter without throwing them roughly and without causing any damage or loss to the cylinders or product. If rough handling by transporter’s labour is established, cost of damages/loss will be recovered from the transporter.

30) A responsible representative of the transporter should always be available at the filling plant during the working hours of the plant.

31) Corporation does not undertake any responsibility or make any commitment to provide office accommodation, tea toilet, fax facilities etc. It is not binding on the Corporation to provide the above to the transporter.

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

33) If our filling plant works for extended hours on regular working days and on certain holidays, the transporter will be informed sufficiently in advance and it will be his responsibility to provide trucks as scheduled/required by our Plant Incharge to clear planed dispatched.

34) Crew of the truck should be always be available near the truck, once the truck enters our filling plant premises, for ensuring quick placements/withdrawals of the truck from the loading spot without any hold-ups. Lunch/tea timing of the transporter’s crew and loading men should ensure quick turnaround and release of trucks.

35) Unauthorized driving of transporter’s trucks by his men, who do not posses valid heavy vehicle driving licenses, within or outside the corporation premises while handling transportation for the Corporation is not permitted. Helpers/cleaners without valid heavy vehicles driving licenses, are prohibited from driving transporter’s truck or other vehicles within our filling plant premises or at the destination ends. If any damages are caused to our or to our distributor's properties or otherwise, by such unlawful driving the cost of the damages to the property, persons, repairs, etc will be recovered from the transporter through their transportation bill payments.

Signature / Stamp Of the Bidder 39 36) Transporter and his men should abide by the rules and regulations of the Corporation and distributors when they are within the Corporation filling plant premises and distributor's premises. All safety precautions as per Corporation rules should be observed by the transporter’s staff/men so long as they are within the corporation filling plant premises.

37) Transporter should not engage child or bonded labour for handling his work in connection with this contract and in line with Government rules and regulations.

38) Unauthorized parking of transporter’s trucks within Corporation premises is not permitted.

39) Loading /Unloading of the cylinders into and from the trucks should be done at any place within the plant premises as nominated by our filling Plant-Incharge.

40) If for any reason a distributor is unable to accept a load consigned to him, the Contractor should immediately contact the concerned Corporation’s LPG Bottling Plant-Incharge and report the mater to him. Under no circumstances, the transporter should return the truck with filled cylinders back to the filling plant unless authorized to do so.

41) If any filled cylinder loaded in a truck develops leak enroute, transporter or his crew should contact the filling Plant-Incharge immediately and take appropriate precautions, corrective actions as directed by the Plant-Incharge.

42) If any supply of filled cylinders is made on Demand Draft /Cheque on delivery basis, it will be the responsibility of the transporter to collect, before hand, the Demand Draft/ Cheque for the correct amount advised by the filling plant, from the distributor on behalf of the Corporation and then only deliver the cylinders to the consignee. He should hand over the instrument to the filling plant promptly on the same date. Next load will not be given to the transporter’s truck unless the amount of the misplaced Demand Draft/Cheque is compensated to the Corporation.

43) If any dealer hands over his order for the next load with Demand /Draft to the transporter or his truck crew, it will be the responsibility of the transporter to collect and promptly hand over the same to our filling plant.

44) Transporters are advised to visit filling plant, discuss with Plant-Incharge and acquaint themselves with our facilities, loading/unloading and stacking/de stacking problem at the plant. At the destination etc, before quoting for the tender, in order to familiarize themselves fully about the scope of work.

45) Transporter should submit his transportation his transportation bill every week currently and complete in all respects with necessary supporting documents.

46) While transporting dangerous/hazardous products, the Transport Contractors would ensure and take all precautionary measures including display of special signs with wordings in the languages of States of transit and destination, indicating nature of product being transported. The transporters are to follow instructions issued by the Transport Commissioners Office for carriage of dangerous / hazardous products from time to time.

Signature / Stamp Of the Bidder 40 47) Carriage of cylinders should not be more than 3 tiers

48) Contractor to provide fully covered trucks with cages at the rear which can be securely locked.

49) The above rates are inclusive of all road taxes/permit charges, toll tax & entry tax etc prevailing on the date of opening of the tender. Only Octroi charges will be reimbursed against documentary proof.

50) Battery should be inside the cabin & not below the body of the truck.

51) All the necessary documents i.e. R.C. Books, fitness certificates, transport emergency card (TREM card) etc should be carried with the truck.

52) Reservation : It has been decided by the Government that reservation will be provides to the members of Schedule Castes/Scheduled Tribes in engaging road transport trucks for movement of all petroleum products, subject to their fulfilling all the tender terms and conditions

The percentage of reservation will be 15% (fifteen percent) for Schedule Castes and 7.5% (seven and half percent) for Schedule Tribes. Eligible transporter under these categories, desirous of participating in the tender, should clearly indicate the same and provide proof of their belonging to SC/ST category authorities viz. Tehsildars/District Authorities..

53) Depending upon the Corporation’s requirements, Transporter may make 2 Point deliveries in a single trip by any of his truck contracted to the Corporation for which no extra charges will be paid.

54) The finalisation of rates shall be on the lowest offer basis and on sector wise business basis.

IMPORTANT TENDERERS SHOULD READ CAREFULLY ALL THE ABOVE LISTED TERMS AND CONDITIONS, SPECIAL TERMS AND CONDITIONS, VARIOUS APPENDIXES BEFORE QUOTING THEIR RATES IN THE PRICE BID. NO EXCUSES OF ANY IGNORANCE ABOUT THE SAME SHALL BE CONSIDERED.

Signature / Stamp Of the Bidder 41 NOTE ON ESTIMATED VOLUMES OF BUSINESS AND RTKM`S

Volume of business as mentioned in the table provided with the price bid are only directional and corporation does not guarantee any definite volume of business. The same will be advised to the transporters from time to time .

The requirement of trucks is also tentative and directional. It can be increased or decreased at any time. The business to the eligible bidders shall be awarded on the basis of their original ranking subject to availability of trucks as quoted by them. However at any time if requirement of trucks is increased the same will be arranged through the same bidders in proportion of their original allocation of business.

Indicated markets can also be attached to any other bottling plants at the discretion of the Corporation. However in course of time new location may/will be added or removed during the tenure of the contract for which rates applicable would be as rates contracted.

RTKM`s mentioned against each market are approximate. During the pendency of the contract if there is any change in RTKM the same should be immediately brought to the notice of the plant head or Regional Office head of the concerned plant/region for arranging joint physical verification of such revised route/RTKM. The revised RTKM will be applicable only from the date of joint verification.

ABOVE TERMS READ AND UNDERSTOOD

DATE ------

Signature / Stamp Of the Bidder 42 IMPORTANT POINTS FOR THE INFORMATION OF BIDDERS

 RTKM means Round Trip Kilo Meter . Round trip means taking 264 filled cylinders from plant to dealer godown and bringing back 300 empty cylinders to the bottling plant .

 HP Gas dealers if found suitable / eligible and are allotted the business they shall be transporting cylinders only for their own dealerships and not for others .

 Loading and unloading of cylinders at plant and at dealer`s godown shall be in the purview of the transporter and no additional charges are claimable either from plant or distributor for this activity .

 Rates should be quoted after properly understanding all the clauses, terms and conditions of tender document .

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

 Rate payable to the contractor shall be mentioned in the schedule of rates attached hereto as annexure. For transportation of filled cylinders to the destination.

 In addition to the above, the bidders to note that submission of more than one bid by a single bidder will not be accepted. This will lead to rejection of all the bids submitted by that party.

 Bidders to note that in case it is required to transport cylinders from any other nearby industry plant, the transportation rates payable will be in line with the rates finalized for this tender.

Signature / Stamp Of the Bidder 43 DECLARATION BY THE TENDERER

{NOTE:PLEASE SIGN / STAMP EACH PAGE OF THE TENDER DOCUMENT }

We have very carefully read / understood the complete set of the technical / credential bid of this tender document and submit our offers / rates on the priced bid only after fully understanding the contents of the same

we hereby agree to abide by and fulfill all the terms and conditions set out in general / special terms of the contract agreement and attachments to the rate schedule like illustration sheet etc. As attached and which should be deemed to form a part of this tender .

We hereby return / submit the tender document duly signed and rubber stamped on each page , as a token of our acceptance with all required details .

DATE:______PLACE :______SIGNATURE OF TENDERER FULL NAME ______ADDRESS ______

TEL.NO.______TEL. NO. (R) ______MOBILE ______

Signature / Stamp Of the Bidder 44