Hindustan Petroleum Corporation Limited s2

HINDUSTAN PETROLEUM CORPORATION LIMITED Materials Department, Refinery Division, B D Patil Marg, Mahul, Mumbai-400074, INDIA Phone No: +91-22-2554 2830, Fax No: +91-22-2554 1054 Public Tender Documents Hindustan Petroleum Corporation Limited (HPCL) invites sealed tenders in 4 bid system as per specifications described in the following sheets for supply of the item listed below: Tender Details and Specifications: Tender No.: RFQ#7000364-HD-48002/PB Due date: August 17th, 2007 at 13:30 HRS IST. Description: Fabrication of Asphalt Drums Quantity: 10,00,000/- drums and 11,00,000/- drum lids Offer Validity: 6 months from 17th August 2007 Contract Validity: One year. The prices will be FIRM during the period of contract. No escalation will be allowed due to any reason except for statutory variations announced by Govt. on Excise duty, Sales Tax, Octroi. Such variations will be to HPCL account. No of parties required: The quantities specified in the tender shall be distributed among four vendors in 40:30:20:10 ratio based on their original rankings subject to acceptance of L1 rate. In the event of availability of less than 4 technically acceptable vendors, quantities shall be distributed in 50:30:20 (among 3 vendors) or in 60:40 (among 2 vendors) or 100% on one vendor. HPCL reserves the right to release the PO for part quantity specified in the tender. HPCL also reserves the right to consume only part of the quantity ordered in PO. Earnest Money Deposit: Rs.2,00,000/- (by DD / BG) Tender Document Charges: Rs.4,000/- (by DD / Pay Order) Performance Bank Guarantee: 10% of Contract Value Security Deposit: 1% of Contract Value. Payment terms: 30 Days against monthly RA Bills.

Prequalification Criteria: (1) Vendor should have for any continuous span of 12 months from 01-01-2004 up to tender due date [i] turnover of at least Rs.100 Lakhs as certified by audited balance sheets and [ii] execution of similar orders/contracts cumulatively worth at least Rs.50 Lakhs, as certified by Purchase Orders/Performance Certificates. (2) The drum manufacturing unit shall have BIS Certification. The copy of BIS certification for manufacture of drums needs to be submitted as part of pre-qualification document. Offers not compliance to the above prequalification criteria shall be out rightly rejected. Specifications for Supply DRUMS (With HPCL Material) 1. Drums should have ISI MARK embossed on them. Copy of ISI certificate should be submitted to HPCL. 2. Drums should be embossed with the words “HPCL-MR” with HPCL logo at a location on the drums specified by HPCL. LIDS (With Vendor’s Material) 1. Vendor has to supply drum seal lids as per HPCL drawing, made from steel sheet of nominal thickness 0.30 mm, conforming to IS 3575:1994. 2. Vendor to supply pre printed/painted (Not screen printed) lids with background painted with white synthetic enamel paint with identification monogram-(HPCL), along with BITUMEN - 80/100 OR 60/70 OR 30/40 OR advised by HPCL at the time of indent and AVG.Gr. Wt. 171.5 Kgs. Net Wt.161.8 Kgs. and HPCL - MR in specified colors. (Lid Sample attached) 3. Details painted on lids are liable to change if necessary. 4. Vendor to supply lids and drums in ratio 1.1 : 1. How to Quote: Offer shall be made in 4 (four) or 5 (five) parts as follows: (0) Tender Fees : If the bidder has downloaded the tender from HPCL website, then the tender fees specified above shall be submitted in a separate envelope. The Envelope cover should indicate as follows: “Public Tender for Fabrication of Asphalt Drums. Tender No. 7000364-HD-48002/PB. Tender Due date: 17- August, 2007 at 13.30 hrs IST.” containing Tender Fees”. Global Tender Documents Tender 7000364-HD-48002/PB ______Bidders Seal & Signature Page 1 of 9 HINDUSTAN PETROLEUM CORPORATION LIMITED Materials Department, Refinery Division, B D Patil Marg, Mahul, Mumbai-400074, INDIA Phone No: +91-22-2554 2830, Fax No: +91-22-2554 1054 Public Tender Documents (i) EMD (Earnest Money Deposit ) of Rs.2,00,000/- In EMD envelope, bidders should submit the cost of EMD by bankers cheque or demand drafts or bank guarantee (as per format specified in page 7 of 9 of Tender Documents) from the correspondent bank (of their overseas bankers) in India. The correspondent bank should be a scheduled bank as notified by Reserve Bank of India. Banker’s cheque or Demand Draft / bank Guarantee should be in favour of Hindustan Petroleum Corporation Ltd payable at Mumbai, India. Offers without the envelope containing the EMD shall be rejected and the subject tenderer will not be allowed to witness the tender opening. The Envelope cover should indicate as follows :“Public Tender for Fabrication of Asphalt Drums. Tender No. 7000364-HD-48002/PB. Tender Due date: 17-August, 2007 at 13.30 hrs IST.” containing EMD amount or Bank Guarantee in lieu of EMD. (ii) Prequalification Bid: Prequalification Bid envelope shall contain all documentation pertaining to compliance of prequalification criteria. Participating bidders shall provide the originals of the pre-qualification documentation for verification at the time of Pre-Qualification Bid Opening. The envelope cover should indicate as follows: “Public Tender for Fabrication of Asphalt Drums. Tender No.7000364- HD-48002/PB. Tender Due date:17-August,07 at 13.30hrs IST.” containing Pre-Qualification Bid”. (iii) Technical Bid: Technical Bid shall contain all Techno-commercial information excluding the price. The bidder shall necessarily sign and stamp with their Company Seal on all the pages of this tender documents conforming compliance to the tender conditions/specifications and return the documents, failing which, HPCL reserves the right to reject the offer. Tender rate format for unpriced bid [Page 5 of 9 of Tender Documents, with basic unit rate blanked out] filled in, signed and stamped shall also need to be submitted. The Envelope cover should indicate as follows: “Public Tender for Fabrication of Asphalt Drums. Tender No. 7000364-HD-48002/PB. Tender Due date: 17-August, 2007 at 13.30 hrs IST.” containing Unpriced Bid”. (iv) Priced Bid: Third envelope shall be having priced bid. The quotation has to be submitted in the format specified in page 6 of 9 of Tender Documents. The Envelope cover should indicate as :“ Public Tender for Fabrication of Asphalt Drums. Tender No. 7000364-HD-48002/PB. Tender Due date: 17-August, 2007 at 13.30 hrs IST.” containing Priced Bid”.

All the above four / five envelopes sealed in one big envelope is to be made available in Mumbai Refinery before the Tender due date 17-August-2007 at 13.30 hrs IST, failing which quotation shall be rejected. HPCL shall not be responsible for any delay or non receipt of tender sent by post or by any other means . Offers received late will be rejected . Telex/ Fax/e-mail offers are not acceptable .

Mode of Tender Opening: (i) Stage-I – Tender Fees: On tender due-date, for the parties who have downloaded the tender from HPCL website, the envelope containing Tender Fees will be opened. Only bidders submitting requisite Tender Fees shall be considered for the next stage.. (ii) Stage-II - EMD Deposit: On tender due-date, the envelope containing EMD will be opened in presence of Bidders or their accredited representatives. Bidders submitting requisite EMD shall be considered for the next stage. i.e. Prequalification Criteria. (iii) Stage-III – Prequalification: Prequalification bid envelope of the bidders qualified in the first stage shall be opened on the tender due date. All the participating bidders shall necessary bring the originals of the requisite prequalification documents. HPCL’s decision on compliance of pre-qualification criteria shall be final. Offer from the bidders not providing originals of the documentation or if the documentation is not in compliance to prequalification criteria, shall be rejected and the bidder shall not be allowed to witness the next stage of tender opening. Only parties qualifying at Pre-qualification stage shall be considered for unpriced bid opening.

Global Tender Documents Tender 7000364-HD-48002/PB ______Bidders Seal & Signature Page 2 of 9 HINDUSTAN PETROLEUM CORPORATION LIMITED Materials Department, Refinery Division, B D Patil Marg, Mahul, Mumbai-400074, INDIA Phone No: +91-22-2554 2830, Fax No: +91-22-2554 1054 Public Tender Documents (iv) Stage-IV – Unpriced / Technical Bid Opening: After establishing the prequalification criteria, unpriced bids of the qualified parties shall be opened. (v) Stage -V – Priced Bid Opening: The date and time of opening of the Priced Bid will be intimated subsequently to the technically & commercially acceptable bidders only.

HPCL Reserves the right to reject any or all Bids without assigning any reason whatsoever thereof and also reserves the right to give purchase preferences to Indian Public Sector Enterprises / Undertakings as admissible under the guidelines of Govt. of India

Deviations if any, shall be indicated separately. Such deviations may lead to loading of prices or rejection of offer, at the sole discretion of HPCL without any reference to the bidder. All tenders are to be addressed to : The Deputy General Manager Hindustan Petroleum Corporation Limited, Materials Department (Refinery). Mumbai Refinery, B.D.Patil Marg, Mahul, Mumbai 400 074 INDIA

IT IS IMPORTANT TO NOTE THAT BIDS CAN BE SENT DIRECTLY TO HPCL AT THE ADDRESS MENTIONED ABOVE WHEREIN HPCL SHALL NOT BE RESPONSIBLE FOR POSTAL DELAYS ETC. THE SEALED OFFER MAY BE DROPPED IN TO THE “REFINERY MATERIALS TENDER BOX”. THIS BOX IS PROVIDED AT HPCL REFINERY MAIN GATE.

TERMS & CONDITIONS: I. STANDARD TERMS & CONDITIONS FOR WORKS CONTRACTS (STCWC): For any contracts/Purchase agreements HPCL’s Standard Terms & Conditions for Works Contracts shall solely apply. II. SECURITY DEPOSIT : The bidder with whom the contract has been decided to be entered into and intimation is given will have to make a security deposit of 1% of the total contract value in the form of A/C payee crossed demand draft drawn in favour of HPCL payable at Mumbai within fifteen days from the date of intimation of acceptance of the offer failing which HPCL reserves the right to cancel the contract and forfeit the EMD. On receipt of security deposit ,EMD will be returned back to the vendor. III PERFORMANCE BANK GUARANTEE: A performance bank guarantee in the prescribed format (enclosed herewith as Annexure-II) should be submitted by the vendor for a value equivalent to 10% of the total contract value. This performance bank guarantee should remain valid for entire guarantee period i.e. 18 months from the date of supply. The Performance Bank guarantee should also have a minimum claim period of 6 months over and above the guarantee period. IV. LIQUIDATED DAMAGES: During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract., HPCL may deduct from the contract price, as liquidated damages @ 0.5% per week of delay subject to a maximum of 5% of the order value for delayed delivery. VI ENCLOSURES: 1, Standard terms and conditions (page 7 of 9 of Tender Documents) 2. Format for Bank Guarantee in lieu of Earnest Money Deposit (page 8 of 9 of Tender Documents) 3. Format for submission of Performance Bank Guarantee. (page 9 of 9 of Tender Documents) 4. Standard terms and conditions for Works Contracts: Annexure-I

S.G.Subramoney Dy General Manager-Materials

Global Tender Documents Tender 7000364-HD-48002/PB ______Bidders Seal & Signature Page 3 of 9 HINDUSTAN PETROLEUM CORPORATION LIMITED Materials Department, Refinery Division, B D Patil Marg, Mahul, Mumbai-400074, INDIA Phone No: +91-22-2554 2830, Fax No: +91-22-2554 1054 Public Tender Documents

Tender Details (this information needs to be necessarily filled and returned stamped and signed by the bidder)

Offer Ref. No. Date : From M/s.______

To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited, Mumbai – 400074.

SUB: FABRICATION OF ASPHALT DRUMS

Details of Earnest Money Deposit are as follows: 1. NAME OF VENDOR :______

2. ADDRESS OF VENDOR : ______

3. D.D. NO. / P.O. NO. : ______

4. BANK GUARRANTEE NO. : ______

5. DATE OF D.D. / P.O. / B.G. : ______

6. DRAWN ON BANK : ______

7. AMOUNT RS. : ______

Manufacturer’s Name and Address : Name, Designation, Phone, Cell, Fax Email ID of Marketing contact person:

Name & Designation______

Phone, Cell, Fax No______

Email ID:______

1. Name, Designation, Phone, Cell, Fax Email ID of Production contact person::

Name & Designation______

Phone, Cell, Fax No______

Email ID:______

We have gone through the details of General Terms and conditions of tender of M/s. Hindustan Petroleum Corporation Limited, (Mumbai Refinery Division) and we agree to abide by the same in toto.

Yours Faithfully,

Signature :

Name :

Designation :

Date : 7000364-HD-48002 RATE FORMAT FOR UN-PRICED BID ONLY Description

Part A FOR DRUMS (With HPCL Material) Rs. / Each Basic Rate / Each XXXXXXXX Excise Duty + Cess XXXXXXXX Transportation XXXXXXXX Sale Tax (specify if Maharashtra VAT or CST) XXXXXXXX Octroi XXXXXXXX Delivered Cost XXXXXXXX Cenvat Set-off XXXXXXXX Maharashtra VAT set-off (if applicable) XXXXXXXX Delivered Cost Net of cenvat & VAT set-off [A] XXXXXXXX

Part A FOR LIDS (With Vendor’s Material) Basic Rate / Each XXXXXXXX Excise Duty + Cess XXXXXXXX Transportation XXXXXXXX Sale Tax (specify if Maharashtra VAT or CST) XXXXXXXX Octroi XXXXXXXX Delivered Cost XXXXXXXX Cenvat Set-off XXXXXXXX Maharashtra VAT set-off (if applicable) XXXXXXXX Delivered Cost Net of cenvat & VAT set-off [B] XXXXXXXX

Delivered Cost Net of cenvat & VAT set-off Drum + Lid [A + B] XXXXXXXX Yield per MT For 896 mm width: Drums (pl specify)

Yield per MT For 876 mm width: Drums (pl specify) Date : SIGNATURE : NAME :

Global Tender Documents Tender 7000364-HD-48002/PB ______Bidders Seal & Signature Page 5 of 9 HINDUSTAN PETROLEUM CORPORATION LIMITED Materials Department, Refinery Division, B D Patil Marg, Mahul, Mumbai-400074, INDIA Phone No: +91-22-2554 2830, Fax No: +91-22-2554 1054 Public Tender Documents DESIGNATION : SEAL :

7000364-HD-48002 RATE FORMAT FOR PRICED BID ONLY Description

Part A FOR DRUMS (With HPCL Material) Rs. / Each Basic Rate / Each Excise Duty + Cess Transportation Sale Tax (specify if Maharashtra VAT or CST) Octroi Delivered Cost Cenvat Set-off Maharashtra VAT set-off (if applicable) Delivered Cost Net of cenvat & VAT set-off [A]

Part A FOR LIDS (With Vendor’s Material) Basic Rate / Each Excise Duty + Cess Transportation Sale Tax (specify if Maharashtra VAT or CST) Octroi Delivered Cost Cenvat Set-off Maharashtra VAT set-off (if applicable) Delivered Cost Net of cenvat & VAT set-off [B]

Delivered Cost Net of cenvat & VAT set-off Drum + Lid [A + B] Date : SIGNATURE :

NAME :

DESIGNATION :

SEAL :

Standard terms & conditions of tender Tender no., tender due date and employee by name as specified against “Direct queries to” shall appear on all correspondence. In case of separate priced + unpriced offers Envelope 1 superscribed with tender no., due date and “Unpriced offer” shall contain 2 copies of commercial and technical terms with basic unit rate blanked out and necessary documentary evidence for qualification criteria. Envelope 2 superscribed with tender no., due date and “Priced offer” shall contain 1 copy of commercial terms with basic unit rate filled in. Envelope 3 superscribed with tender no., due date and “EMD” shall contain the EMD or NSIC/PSE certificate; an offer with insufficient EMD shall be rejected. NSIC units are exempted from EMD upto the limit specified on the certificate. PSE units are exempted from EMD. EMD is payable by demand draft/pay order or, if exceeding Rs.50,000, by bank guarantee on a scheduled bank in favour of HPCL. SD is payable after award of contract by demand draft for 1% of the contract value; NSIC units are exempted from SD up to the limit specified on the certificate. RM is 10% of each bill. PBG is payable prior to completion of contract for 10% of the contract value for the earlier of 12 months from commissioning or 18 months from receipt towards guarantee against any manufacturing defects/inferior workmanship etc.

MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped “1st stage dealer” and declaration reading “This is to certify that the goods mentioned in invoice no.______have been procured from manufacturer M/s.______. Hence the invoice is being issued as the 1st stage dealer invoice.” Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer.

Please confirm offering same rates if regd. with DGS & D /Stage Govt. Attach copies of latest certificates if regd. with DGS & D /NSIC/SSI.

Rates offered shall be firm for the entire contract period; only variation in excise/tax/octroi are reimbursable. Contract validity is 6 months. HPCL reserves the right to extend the same within 1 year for additional materials/services upto an equivalent amount.

If the materials/services ordered are not delivered by the specified date(s) HPCL may cancel the order; all resulting expenses, including the price for procurement from alternate source, shall be to vendor’s account.

HPCL reserves the right to award full/part of the quantity tendered for from you.

HPCL reserves the right to reject any/all part(s) of your offer.

HPCL reserves the right to suspend dispatch/receipt of materials/services covered by the order in the event of accident, strike or other contingencies beyond its control.

The vendor shall comply with all laws/statutory requirements including CLRA, EFPS, EPFS and ESIC in respect of the person employed by the vendor; the vendor shall keep indemnified HPCL against all liabilities and responsibilities arising out of non- compliance of any law/statutory requirement.

The contract created by the order and its acceptance or confirmation is subject to the agreement of the vendor that all persons engaged in the work or entering the refinery or other premises of HPCL named for the purpose of delivering, estimating, inspecting, installing or repairing vendor's materials/services shall be considered servants of the vendor shall hold HPCL harmless from all liability resulting from any accident/claim/death of any such person including liability for compensation under any act/law inforce whether any such claim arises/is caused by negligence or otherwise of the vendor, its agents/employees, its sub-vendor or HPCL.

The term HPCL means and includes its assignees and successors.

If you fail in the performance of the contract within the time stipulated, or any extension thereof, as specified in the contract you are liable to pay liquidated damages equivalent to 0.5% of [i] the late part of the contract value for materials or [ii] the total contract value for services per time [7 days unless specified to the contrary] or part thereof of delay, subject to a maximum of 5% of the total contract value. For this purpose zero date shall be the later of [i] date of purchase order and [ii] date of intimation of handover of site/FIM. Date shall be the earliest of dates of e-mail/fax/letter/order/telegram.

All terms and conditions above and in STCWC supercede those in attachments and are superceded by those on the reverse.

The receipt of this offer by HPCL implies acceptance of all the conditions above by you. Legend: EMD = Earnest money deposit; LD = Liquidated damages; SD = Security deposits; RM = Retention money; PBG = Performance bank guarantee; STCWC = Standard terms and conditions of works contracts; FIM = Free Issue Material.

FORMAT FOR BANK GUARANTEE IN LIEU OF EARNEST MONEY (Specimen for submission of Bank Guarantee) (On Non-Judicial stamp paper of appropriate value) TO : Hindustan Petroleum Corporation Limited (Address as applicable) IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called "The Corporation" which expression shall include its successor in business and assigns) issued a tender on Messrs...... a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at (hereinafter called "the Tenderer" which expression shall include its executors, administrators and assigns) against Tender no...... dated ...... (hereinafter called "the tender" which expression shall include any amendments/ alterations to "the tender" issued by "the Corporation") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" having agreed not to insist upon immediate payment of Earnest Money for the fulfilment of the said tender in terms thereof on production of an acceptable Bank Guarantee for an amount of Rs...... (Rupees ...... only). 1. We, ...... Bank having office at ...... Bombay (hereinafter referred to as "the Bank" which expression shall include its successors and assigns) at the request and on behalf of "the Tenderer" hereby agree to pay to the Corporation without any demur on first demand an amount not exceeding Rs...... (Rupees ...... only) against any loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfilment or for any breach on the part of "the Tenderer" of any of the terms and conditions of the said "tender". 2. We, ...... Bank further agree that "the Corporation" shall be sole Judge whether the said "Tenderer" has failed to perform or fulfill the said "tender" in terms thereof or committed breach of any of the terms and conditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by "the Corporation" on account thereof and we waive in favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Tenderer" may be entitled to. 3. We, ...... Bank further agree that the amount demanded by "the Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the amount demanded and "the Bank" to undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the Tenderer" or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional. 4. We, ...... Bank further agree with "the Corporation" that "the Corporation" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "tender"/or to extend time of performance by "the Tenderer" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Tenderer" and to forbear to enforce any of the terms and conditions relating to "the tender" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Tenderer" or for any forbearance, act or ommission on the part of "the Corporation" or any indulgence by "the Corporation" to "the tenderer" or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us. 5. NOTWITHSTANDING anything hereinbefore contained, our liability under this Guarantee is restricted to Rs...... (Rupees...... only). Our liability under this guarantee shall remain in force until expiration of six months from the due date of opening of the said "tender". Unless a demand or claim under this guarantee is made on us in writing within said period, that is, on or before ...... all rights of "the Corporation" under the said guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder. 6. We, ...... Bank further undertake not to revoke this guarantee during its currency except with the previous consent of "the Corporation" in writing. 7. We, ...... Bank lastly agree that "the Bank" 's liability under this guarantee shall not be affected by any change in the constitution of "the Tenderer". 8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the Agreement/Contract or MOU entered into between "the Tenderer" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this ...... day of ......

For ...... Bank (by its constituted attorney) Global Tender Documents Tender 7000364-HD-48002/PB ______Bidders Seal & Signature Page 8 of 9 HINDUSTAN PETROLEUM CORPORATION LIMITED Materials Department, Refinery Division, B D Patil Marg, Mahul, Mumbai-400074, INDIA Phone No: +91-22-2554 2830, Fax No: +91-22-2554 1054 Public Tender Documents

FORMAT FOR BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER/ CONTRACTOR (on non-judicial stamp paper of appropriate value) To, Hindustan Petroleum Corporation Ltd., (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD. a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Bombay - 400 020 (hereinafter called "the Corporation" which expression shall include its successors and assigns) having awarded to M/s ______a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at ______(hereinafter referred to as "the Supplier" which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia, of "the Corporation's" Order No. ______dated ______and the General purchase conditions of "the Corporation" and upon the condition of "supplier's" furnishing security for the performance of "the Supplier's" obligations and/or discharge of "the supplier's" liability under and/or in connection with the said supply contract upto a sum of Rs. ______(Rupees______) amounting to 10% (ten percent) of the total contract value. We, ____ (hereinafter called "the Bank" which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to "the Corporation" in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by "the Supplier" to "the Corporation" under, in respect of or in connection with the said supply contract inclusive of all the Corporation's losses and damage and costs, (inclusive between attorney and client) charges, and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by "the Corporation" to the Bank with reference to this Guarantee upto and aggregate limit of Rs.____ (Rupees __ ) and "the Bank" hereby agrees with "the Corporation" that: 1. This Guarantee/Undertaking shall be a continuing Guarantee / Undertaking and shall remain valid and irrecoverable for all claims of "the Corporation" and liabilities of "the Supplier" arising upto and until midnight of ______2. This Guarantee/Undertaking shall be in addition to any other guarantee or security whatsoever that "the Corporation" may now or any time anywise have in relation to "the Supplier's obligation/liabilities under and/or connection with the said supply contract, and "the Corporation" shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of "the Corporation" to enforcing or requiring enforcement to any other security shall have the effect of releasing "the Bank" from its full liability hereunder. 3. "The Corporation" shall be at liberty without reference to "the Bank" and without affecting the full liability of "the Bank" hereunder to take any other security in respect of "the Supplier's" obligation and/or liabilities under or in connection with the said supply contract and to vary the term vis-a-vis "the supplier" of the said supply contract or to grant time and/or indulgence to "the Supplier" or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of "the supplier" under the said supply contract and/or the remedies of "the Corporation" under any other security(ies) now or hereafter held by "the Corporation" and no such dealing(s), variation(s) or other indulgence(s) or agreement(s) with "the supplier" or release of forbearance whatsoever shall have the effect of releasing "the Bank" from its full liability to "the Corporation" hereunder or of prejudicing rights of "the Corporation" against "the Bank". 4. This Guarantee/Undertaking shall not be determined or affected by the liquidation or winding up, dissolution or change of constitution or insolvency of "the supplier" but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to "the Corporation" in terms hereof. 5. "The Bank" hereby waives all rights at any time inconsistent with the terms of this Guarantee/Undertaking and the obligations of "the Bank" in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by "the suppliers" (whether or not pending before any arbitrator, officer, tribunal or court) or any denial of liability by "the supplier" or any other

Global Tender Documents Tender 7000364-HD-48002/PB ______Bidders Seal & Signature Page 9 of 9 HINDUSTAN PETROLEUM CORPORATION LIMITED Materials Department, Refinery Division, B D Patil Marg, Mahul, Mumbai-400074, INDIA Phone No: +91-22-2554 2830, Fax No: +91-22-2554 1054 Public Tender Documents order of communication whatsoever by "the supplier" stopping or preventing or purporting to stop or prevent any payment by "the Bank" to "the Corporation" in terms hereof. 6. The amount stated in any notice of demand addressed by "the Corporation" to "the Bank" as liable to be paid to "the Corporation" by "the supplier" or as suffered or incurred by "the Corporation" on account of any losses or damages or costs, charges/and/or expenses shall be as between "the Bank" and "the Corporation" be conclusive of the amount so liable to be paid to "the Corporation" or suffered or incurred by "the Corporation", as the case may be, and payable by "the Bank" to "the Corporation", in terms hereof. 7. Not withstanding anything contained herein above : i) Our liability under this guarantee shall not exceed Rs...... ii) This Bank Guarantee shall be valid upto and including ...... ; and iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or # before the expiry of 30 days from the date of expiry of this guarantee. 8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the agreement/contract or MOU entered into between "the supplier" and "the Bank" in this regard. IN WITNESS Where of ______Bank, has executed this document at ______on ______2005 . ______Bank (by its constituted attorney) (signature of a person authorized to sign on behalf of "the Bank")

Global Tender Documents Tender 7000364-HD-48002/PB ______Bidders Seal & Signature Page 10 of 9