Expression of Interest for Disposal of the CCR Spent catalyst containing platinum

EOI NO: EOI/TECH/SPENTCAT/ 01

Hindustan Petroleum Corporation Ltd. Mumbai Refinery, intends to dispose off approx. 7500 Kgs (estimated quantity) of Spent Catalyst (both grains & fines) containing platinum from Continuous Catalytic Regeneration (CCR) Plat forming unit through Global E auction.Interested bidders shall submit their response to Expression of Interest- EOI as per requirements of this documents. Those who submit the response to –EOI and meet the prequalification criteria as per requirements mentioned in the attached document will be invited to attend the sieving & sampling of the spent catalyst at HPCL Mumbai Refinery. Post Sampling and analysis, participating bidders will be invited for Global e-Auction of the spent catalyst to be conducted through M/s MSTC.

s chedule

Date of Pre-bid meeting 15-04-15

Due Date for submission of Response to Expression of Interest (EOI )

29 –April – 2015 at 13.30 hrs.

Duration/time for sieving for estimation of the final quantity and collection of the representative sample (both grains & fines) followed by packing of the final quantity in the presence of qualified bidders:

Sieving will be commenced. approx. 2 weeks after EoI Due date. Duration of sieving will be for a period of one week

Auctioning of the spent catalyst through e-auction to be conducted by M/s MSTC.

3-4 week after sieving/sampling is completed

Issue of the sale order Within 20-30 days from date of e-auction

1. Bidders to meet the following Pre-qualification criteria :

1.1. Indian Bidders:- Bidders should have valid license/ permission/ certificate issued by Central/ State Pollution Control Board (CPCB/ SPCB)/ other statutory authorities for re-cycling/ reprocessing/ handling this type of spent catalyst. The same should be submitted along with the unpriced bid. The bidder should have capacity to process entire lot from HPCL.

1.2. Foreign Bidders:- Bidders should have valid permission/ certificate/ license from appropriate statutory authorities in their country, for importing, re-cycling/ reprocessing/ handling this type of spent catalyst. The bidder should have capacity to process entire lot from HPCL. Also, foreign bidders shall give an undertaking that they will comply with

all formalities as required under the Government regulation hazardous waste (Management, handling of Trans boundary movement) rules 2008 /environment regulations / Factories Act of Government of India before lifting of materials. The same should be submitted along with the unpriced bid.

1.3. Bidders are required to sign a Non-Analysis Agreement (NAA)/Non-disclosure Agreement (NDA) with the original catalyst supplier (M/s. UOP) as per the format in attachment-V, a duly signed up NAA/NDA in the prescribed format, need to be submitted along with Expression of Interest and unpriced bid.

1.4. Interested bidders are required to submit their Expression of Interest (in format attached-III) along with Copy of valid license/ permission/ certificate. Bidders selected based on the Prequalification criteria specified in EOI will have to pay sample deposit amount of Rs. 30,000/- (Rupees thirty thousand Only) to HPCL by RTGS/NEFT (refer e-mandate details below) or by Demand Draft/ Pay Order (Cheque or Cash will not be acceptable) prior to collection of the sample. The sample deposit amount is for four kg sample (02 kgs of grains and 02 kgs of fines sample) that will be given to Pre-qualification criteria (PQC) qualified bidders after sieving and sampling @ Rs. 7500/- (Rupees Seven Thousand and Five Hundred only) per Kg of samples. For foreign bidder, the sample deposit amount will be USD 500 (US dollar five hundred) /Euro 380 (Euro three hundred and eighty only).For the foreign bidders, the rate per Kg of sample deposit will be @ USD 125 (US Dollar One Hundred and Twenty five only) or EURO 95 (EURO Ninety five only), as the case may be.-. The sample deposit amount is nonrefundable. Additional sample quantity apart for the quantity mentioned above will not be given.

Hindustan Petroleum Corporation LimitedMumbai Refinery

e-Mandate

(A) Supplier/Contractor DetailsSupplier / Contractor Name HINDUSTAN PETROLEUM CORPORATION

LIMITEDSupplier / Contractor CodeAddress ( Including Pin Code ) MUMBAI REFINERY

B D PATIL MARGCHEMBURMUMBAI-400074

Telephone / Mobile no. 022-25076535Controlling office Name / SBU MUMBAI REFINERYPermanent Account No. (PAN) AAACH1118BE-mail ID rajeshkumarpahir@hpcl.co.in

(B) BANK Details (Attach Photo copy of cheque )

Bank Name STATE BANK OF INDIABranch Name / Branch Code 00546Branch Address (including pin code ) MAHUL ROAD ( CHEMBUR), MUMBAI9 Digit MICR NO. of bank and branch as appearing on the cheque.

400002050

Account Type ( Savings / Cash credit / Current ) Current AccountAccount Number (as appearing on cheque book ) 11037619392IFSC code of the Branch (for RTGS) SBIN0000564

IFSC code of the Branch (for RTGS) SBIN0000564

1.5 Bidders should meet all the above Pre-qualification criteria, otherwise the offer will be rejected.

2. Instructions to the Bidders :

2.1. HPCL intends to dispose off 7500 Kgs (estimated quantity) of Spent Catalyst (both grains & fines) containing Platinum from Continuous Catalytic Regeneration (CCR) Plat forming unit.

2.2. The interested bidder who submit the Expression of Interest –EOI and unpriced bid should register themselves with MSTC (if not registered) as per the procedure mentioned in attachment-VI for participating in Global E-auction.

2.3. Technical details of spent catalyst under disposal is indicated in attachment –II .2.4. The bidders to submit all documents as per the Prequalification criteria in the unpriced

bid.2.5. The bidder to confirm that it will register with MSTC before E-Auction in order to

participate in the Auction as per procedure provide in Attachment-VI (detail procedure available in MSTC site)

2.6. Those who submit the “-Expression of Interest -EOI” and meet the prequalification criteria as per requirements mentioned in the attached tender will be invited to attend the sieving & sampling of the spent catalyst at HPCL Mumbai Refinery.

2.7. Indian Bidders meeting EoI specified prequalification criteria and willing to participate in e-auction to be conducted by M/s MSTC are required to submit Pre-bid EMD of Rs.10 lakhs (Rupees Ten Lakhs Only), in the form of DD / Pay Order drawn on any nationalized bank, favoring HPCL,payable in Mumbai to be deposited at MSTC office before the E auction. They can alternatively make the payment to MSTC by NEFT/RTGS as per the above e-mandate details. Foreign Bidders meeting EoI specified prequalification criteria and willing to participate in e-auction to be conducted by M/s MSTC are required to make Pre-bid EMD payment of US dollar 16200 / Euro 15000 by NEFT/RTGS to HPCL as per the above e-mandate details.

2.8. The sieving of the catalyst shall be carried out in the presence of representatives of HPCL, and Pre-qualification criteria (PQC) qualified bidders as per the procedure indicated in attachment-I. The representative sample collected for grains and fines after sieving will be given to the bidders for analysis.

2.9. The final quantity will be estimated after sieving and will be used during auction. The spent catalyst after sieving and sampling will be segregated into Grains & fines using sieves with different mesh sizes (as explained in the sampling procedure), packed and sealed in the presence of the participating bidders and actual quantity in packed & sealed drums would be recorded separately for Grains and Fines.

2.10. In global e-auction, Indian as well as Foreign bidders shall bid in USD (US dollar) on USD/KG basis. While successful foreign bidder, shall make all e-auction related payments in USD, successful Indian bidder, shall make all e-auction related payments

in equivalent INR on the basis of exchange rate prevailing on the date of e-auction. Applicable exchange rate (TT buying rate of SBI) shall be displayed in e-auction catalogue on the date of e-auction.

2.11. Total final spent catalyst quantity in kgs = (Final spent catalyst grains in kgs+ Final spent catalyst fines in kgs). The quantity of Final spent catalyst grains and fines are the final quantity estimated during sieving of the catalyst in presence of the bidders.

2.12. Highest bidder in the E-auction will be selected as the successful bidder2.13. For technical clarifications & site visit please contact Mrs. Poonam Sawant- Sr

Manager-Technical, Tel 91 022-25076152 OR Mr. Shirsendu Ghosh - Manager-Technical, Tel: 91 022-25076150 or e-mail: shirsendughosh@hpcl.in

2.14. Bidders responding to this EOI No: EOI/TECH/CCR-PT-SPENTCAT/01 shall submit necessary credentials/prequalification documents in hard copies on or before 29-April-2015, 13.30 Hrs. in Tender Box No. 2 in HPCL Mumbai Refinery at Main Gate, B D Patil Marg, Mahul, Mumbai- 400 074, India

3. Payment Terms & Material Lifting Time:

3.2. HPCL will issue a Sale Order to the successful Bidder within 30-45 days of completion of auction and bidder shall make full payment including taxes & duties, for the total spent catalyst quantity, in advance, before upliftment of the material. Payment shall be made within 15 days after issue of Sale Order. Payment to be made by demand draft OR electronic transfer. Cash/ Cheque will not be accepted.

3.3. Material Lifting Time for Indian Bidders:-Material shall be lifted out of our Refinery premises within 7 days of effecting payment.

3.4. Material Lifting Time for Foreign BiddersImmediately on receipt of intimation, bidder shall initiate actions for obtaining clearances from concerned authorities in India. All clearances/ formalities in this regard are to be completed within 60 days of issue of sale order. Necessary coordination with various authorities is in the scope of successful bidder(s). HPCL will provide/ sign necessary documents to facilitate export of the lot as per rules. However, it may be noted that HPCL will not be responsible for non-compliance/ completion of any such formalities and consequences, if any, thereof. Material shall be lifted out of our Refinery premises within 60 days of effecting payment.

3.5. Bidder shall pay the full sale order value within 15 days after issue of Sale Order failing which action as under will be taken without any recourse:

a) Buyer’s EMD will stand forfeited.b) The Sale letter will be treated as cancelled and HPCL shall have right to dispose

off the materials. No claim whatsoever from the buyer shall be entertained, in such a case.

c) The buyer shall be black listed and debarred from participation in our future disposal processes.

Note: 1) EMD payment will not be adjusted against the Sale value. EMD of successful bidder will be returned only after the completion of the disposal activity & submission of No Claim Certificate as per the format in attachment-IV

3.6. Buyer will not have choice to select the materials, and has to uplift the materials from HPCL Mumbai Refinery, within 7 days (Indian bidders) / 60 days (Foreign bidders) of making full payment, failing which HPCL is at liberty to dispose off the un-lifted material any time after the 7 or 60 days (Indian or Foreign, as the case may be) are over. In addition, 100% payment and the EMD collected from the buyer will stand forfeited.

4. Used Catalyst Management:

4.1. Bidder will take suitable steps for arranging spent catalyst utilization at his works which may include necessary processing, metal removal & residual catalyst disposal in accordance with environmental norms

4.2. Legislation :

All the applicable rules and regulations stipulated by Ministry of Environment and Forests (MOE&F) under Govt. of India, Central and State (Maharashtra) Pollution control boards and any statutory bodies must be complied by the Bidder.

4.3. Clearances to be obtained by foreign bidder :

HPCL will make the spent catalyst available at our Refinery at Mumbai, in sealed drums. Bidders shall arrange for export of the consignment to their locations situated outside India.

The responsibility of getting the necessary approvals/ documentation for Road/ Sea Transport (as applicable) of used catalyst within and outside India rests with the bidder. It shall be solely bidder’s responsibility for arranging the necessary documentation such as Ministry of Environment and Forests (MOE&F) clearance/ No Objection Certificate (NOC) from Central or State Pollution Control Boards and any other approvals from other applicable Statutory Authorities for transportation of used catalyst within and outside India. Approvals/ applications required for Customs Clearance/ other statutory bodies, wherever required shall also be obtained by bidders.

Material is sold on As Is Where Is Basis. All expenses in getting clearances from the authorities -- Government of India, State Governments of Maharashtra/ Governments in the bidders’ country of origin shall be borne by bidder. All the legal and other formalities including Hazardous Wastes (Management, Handling and Trans boundary Movement) Rules 2008 of Ministry of Environment and Forests, Government of India for transportation shall be arranged for and complied by the bidder. All expenses such as freight, incidental charges, transit insurance, taxes etc., are also to be borne by bidder.

4.4. The successful Bidder shall submit No claim certificate to HPCL as per the format in attachment-IV after the spent catalyst is shifted outside the premises of HPCL- Mumbai Refinery. The responsibility for handling the spent catalyst outside the premises of HPCL- Mumbai Refinery shall lie solely with the successful bidder

5. General terms and conditions :

5.1. The terms Buyer(s)/ Contractor(s) appearing anywhere in this tender document refers to the successful bidder on whom sale order will be placed by HPCL for the subject material.

5.2. Sale is on “AS IS WHERE IS BASIS, CLEAN SWEEP BASIS AND NO COMPLAINT BASIS”. No complaint regarding quality, quantity, or composition of the material will be entertained.

5.3. The quantity indicated in this tender is only an approximate estimated quantity No additional / extra claims on account of variation in quantity will be entertained.

5.4. The Bidders cannot retract from their offers. If done so, the EMD will be forfeited & buyer will be debarred from participating in our future tenders. Any taxes, duties, etc. payable by the successful Bidder outside India shall have to be borne by the successful Bidder only.

5.5. HPCL reserves the right to withdraw wholly or partially any or all the items set for sale at any time during the period of contract without assigning any reasons.

5.6. Rights of participation will be for bidders, who, after inspecting the material, pre-qualify themselves by paying the EMD and whom HPCL has not previously blacklisted. Final decision regarding participation of the bidder will be with HPCL.

5.7. Sale confirmation, Sale Order, Invoices, Delivery Challans, etc. will be released only in the name of the Company that has participated in the tender.

5.8. Successful bidder should make all arrangements for further packing, if required, for uplifting and transportation. In case of foreign bidders all necessary export arrangements and formalities have to be arranged by the bidder. HPCL will provide only necessary documentation assistance as required.

5.9. The Buyer shall arrange for all tools and tackles, forklifts or hoists or cranes and/ or labour at their own expenses. While inspecting of material and at the time of lifting of material, ALL SAFETY RULES OF THE COMPANY HAVE TO BE FOLLOWED STRICTLY. The buyer also confirms to have read all the general rules as laid by HPCL, with regard to employment of labor for the removal of scrap material.

5.10. While taking delivery of the material, if any damage is done to the premises or other machinery lying nearby, the Company shall recover all such costs required to rectify the damage and bring the material back into the original position and stop delivery of the material till all the costs are paid.

5.11. The decision of HPCL is final and binding in all matters related to this sale.5.12. Material lifting shall be as per the guidelines of HPCL only. Buyer shall have no rights

to choose / pick the material from the total lot.5.13. Partial lifting shall result in forfeiture of EMD and Sale Value paid in advance. The

lifting should be completed within due time frame agreed. Failure to abide by the agreed terms and conditions of the tender and shall result into forfeiture of EMD and HPCL will

be at their liberty to sell the subject lot to any third party and debit the differential amount to Buyer’s account.

5.14. No advantage shall be taken either by the company of the bidder who has been awarded the contract/sale order (herein after referred to as the “Contractor”) of any clerical error or mistake, which may occur in the specification, schedule of rates, plans tender or any other papers supplied to or by the contractor in connection with the work.

5.15. Inspection of Site :

The bidder has been given an opportunity before or at the time of the entrusting of the work to him, of making an inspection of the site to set at rest any doubts he may have had about the difficulties attending his offer, and any difficulties which may be met with by him in the course of the execution of the work shall neither relieve him from fulfilling the terms of this contract/Agreement, nor entitle him to claim extra payment or an extension of the period by the Company’s authorized Engineer-in-Charge that such difficulties could not have been foreseen.

5.16. Once the sale order is issued, permission to the successful Bidder to inspect the material under disposal again prior to upliftment shall not be granted to the successful Bidder unless the payment as per Sale order Terms & conditions is paid by the successful Bidder.

5.17. Subletting Agreement :The contractor shall not sublet or assign the work or any part thereof to another party without the written consent of the company first obtained and no such subletting or assignment shall relieve the contractor from the full and entire responsibility of his obligation under this Agreement

5.18. Removal of Materials :

5.18.1. It will be the responsibility of successful buyer to weigh the empty truck at the weighbridge and produce the necessary weigh certificate so that the weight of the empty truck will be deducted from the weight of the fully loaded truck.

5.18.2. In order to facilitate the Company to complete the transaction before 3.30 P.M. The goods should be collected before 3.00 P.M. on any working day with prior appointment with the concerned Department within the stipulated delivery days.

5.18.3. Material must be removed by the buyer before stipulated time. Once the goods / materials are taken out of the factory gate, buyer will be solely responsible for all sort of claims like shortage, missing parts, damage, incident, accident, loss of material etc.

5.18.4. Once uplifted material left HPCL gate, HPCL should be indemnified with all kinds of external effect, whatsoever may be.

5.18.5. Should the original buyer wish to take delivery of the material through a representative, he must authorize the latter by a letter of authority or continuing authority, which shall be presented to the officer concerned. The officer

concerned may in his entire discretion, decline to act on any such authority and it shall be for the buyer to satisfy the officer concerned that the authority is genuine. Delivery to such person shall be sole responsibility of the buyer and no claim shall lie against the Company on any account whatsoever, if delivery is offered to a wrong person.

5.18.6. All workmen employed by the buyer has to use personal protective equipment like hand gloves, safety shoes, & helmets etc., while loading and unloading of the material. Buyer has to make arrangement for these equipment before entering the Refinery.

5.18.7. Workers entering the Refinery premises for uplifting the material will be required to fill up personal particular form and complete other formalities as directed by the office of the Asst. Commandant, CISF and/or any other concerned Govt. authorities.

5.18.8. The buyer has to ensure that his/their workers are covered under ESI/PF & submit the proof to our HR department without which we will not be able to allow them inside the Refinery.

5.18.9. Quantity is subject to the availability of material and HPCL’s ability to sell the same. The material will be allotted to the buyer for uplifting strictly on “as is and where is and clean sweep basis”. It is to be stated that the quantity mentioned above is only indicative and there is no commitment whatsoever by us. HPCL does not and cannot guarantee any specific quality of the material available for sale. The material is to be lifted from site strictly on “as is where is & clean sweep” basis in its entirety irrespective of the quantity allotted.

5.18.10.Only representative of the buyer authorized by the Company will be allowed for the loading / handling of the material. However if the need arises for additional person, the same may be allowed only at the discretion of the HPCL Management.

5.18.11.HPCL will in no way be responsible for any accident, damage or injury to the contract’s workman or equipment while on site / premises. No claims for damages occurred due to accidents at the time of inspection or at the time of Material lifting for men as well as Machineries will be entertained.

5.18.12. Inspection must be done with prior appointment only.5.18.13.Delivery of the material to be taken within the period given in our sale letter.

Roaming in the premises of the company, without permission, is strictly prohibited.

5.18.14.HPCL will allow only successful bidder to uplift the materials from the refinery premises. No delivery would be effected by the Company to any person other than the Buyer whose name is mentioned in the delivery order.. Under any circumstances, HPCL will not permit the successful bidder to negotiate or sell the materials in any lot or part of a lot to any other party while the goods are still lying within the premises of the Company from inside the refinery premises.

5.18.15.The following also to be taken note of in this connection :a) Lift & load all materials on trailer / truck using your own lifting equipment, cranes and tools & tackles. All cranes, lifting equipment tools & tackles shall have latest load testing certificates.

b) Clear the areas of all debris and waste materials on day-to-day basis and after completion of all works.c) No segregation of material will be allowed inside the refinery. Buyer shall lift the material on “as is where is” condition.d) All scrap and associated material / debris shall be taken out by the buyer outside the Refinery without giving rise to any complaints from municipal and other local authorities. Buyer shall keep HPCL indemnified from and against any such complaints.

5.19. Termination of Contract :

The Company reserves the right to terminate the contract at any time by giving three days’ notice on any of the following grounds:

a) Unsatisfactory execution or performance of the contract by the Buyer.b) Improper behavior of the Buyer or breach of the terms and conditions of the

contract.c) Delay in more than 15 days in picking up of the deliveries of the material, after

the sale order has been accepted.d) Misbehavior with any of the staff of HPCL.e) Picking up any materials, which is not sold to them and found in their truck or

Vehicle

5.20. Workmen’s Compensation Liability : The Contractor shall be solely and exclusively responsible for engaging or employing persons for the execution of work. All persons engaged by the contractor shall be on Contractor's payroll and paid by Contractor. All disputes or differences between the Contractor and his/their employees shall be settled by Contractor.

Owner has absolutely no liability whatsoever concerning the employees of the Contractor. The Contractor shall indemnify Owner against any loss or damage or Liability arising out of or in the course of his/their employing persons or relation with his/their employees. The Contractor shall make regular and full payment of wages and on any complaint by any employee of the Contractor or his sub contractor regarding non-payment of wages, salaries or other dues, Owner reserves the right to make payments directly to such employees or subcontractor of the Contractor and recover the amount in full from the bills of the Contractor and the contractor shall not claim any compensation or reimbursement thereof. The Contractor shall comply with the Minimum Wages Act applicable to the area of work site with regard to payment of wages to his employees and also to employees of his sub contractor.

The Contractor shall advise in writing or in such appropriate way to all of his employees and employees of sub-contractors and any other person engaged by him that their appointment/employment is not by the Owner but by the Contractor and that their present appointment is only in connection with the construction contract with Owner and that therefore,

such an employment/appointment would not enable or make them eligible for any employment/appointment with the Owner either temporarily or/and permanent basis.

5.21. Safety Regulation: The contractor shall ensure that he, his sub- contractor and his, or their personnel or representative shall comply with all safety regulations issued from time to time by the Company or otherwise howsoever and should any injury resulting in death or not or damage to any property occur as result of failure to comply with such regulations the Contractor shall be held responsible for the consequences thereof shall keep the Company harmless and indemnified.

5.22. Jurisdiction:

All disputes and differences of whatsoever nature, whether existing or which shall at any time arise between the parties hereto touching or concerning the agreement, meaning, operation or effect thereof or to the rights and liabilities of the parties or arising out of or in relation thereto whether during or after completion of the contract or whether before after determination, foreclosure, termination or breach of the agreement (other than those in respect of which the decision of any person is, by the contract, expressed to be final and binding) shall, after written notice by either party to the agreement to the other of them and to the Appointing Authority hereinafter mentioned, be referred for adjudication to the Sole Arbitrator to be appointed as hereinafter provided.

The appointing authority shall either himself act as the Sole Arbitrator or nominate some officer/retired officer of Hindustan Petroleum Corporation Limited (referred to as owner or HPCL) or a retired officer of any other Government Company in the Oil Sector of the rank of Ch. Manager & above or any retired officer of the Central Government not below the rank of a Director, to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties. The contractor/vendor shall not be entitled to raise any objection to the appointment of such person as the Sole Arbitrator on the ground that the said person is/was an officer and/or shareholder of the owner, another Govt. Company or the Central Government or that he/she has to deal or had dealt with the matter to which the contract relates or that in the course of his/her duties, he/she has/had expressed views on all or anyof the matters in dispute or difference.

In the event of the Arbitrator to whom the matter is referred to, does not accept the appointment, or is unable or unwilling to act or resigns or vacates his office for any reasons whatsoever, the Appointing Authority aforesaid, shall nominate another person as aforesaid, to act as the Sole Arbitrator.

Such another person nominated as the Sole Arbitrator shall be entitled to proceed with the arbitration from the stage at which it was left by his predecessor. It is expressly agreed between the parties that no person other than the Appointing Authority or a person nominated by the Appointing Authority as aforesaid, shall act as an Arbitrator. The failure on the part of the Appointing Authority to make an appointment on time shall only give rise to a right to a

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

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

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.

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.

The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by theparties unless the Sole Arbitrator otherwise directs in his award with reasons.

The lumpsum fees of the Arbitrator shall be Rs 40,000/- per case for transportation contracts and Rs 60,000/- for engineering contracts and if the sole Arbitrator completes the arbitration including his award within 5 months of accepting his appointment, he shall be paid Rs 10,000/- additionally as bonus.Reasonable actual expenses for stenographer, etc. will be reimbursed. Fees shall be paid stage wise i.e. 25% on acceptance, 25% on completion of pleadings / documentation, 25% on completion of arguments and balance on receipt of award by the parties

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

The Contract shall be governed by and constructed according to the laws in force in India. The parties hereby submit to the exclusive jurisdiction of the Courts situated at “location given in tender header” ( say Mumbai* ) for all purposes. The Arbitration shall be held at “location mentioned for such purpose in Tender header” (say Mumbai*) and conducted in English language.

The Appointing Authority is the Functional Director of Hindustan Petroleum CorporationLimited.

Attachment -1

Procedure for sieving of the spent catalyst and collecting representative sample for analysis

The sampling shall be carried out in the presence of representatives of HPCL, and participating bidders.

The detailed sampling procedure which will be adopted for sampling purpose is listed below.

1. Tare weight of each empty drum shall be recorded prior to its filling with spent catalyst.2. Each drum containing spent catalyst shall be numbered for identification.3. Gross weight of each drum, containing spent catalyst, shall be recorded.4. Contents of each drum shall be sieved through ASTM mesh no 12 (Size: 1.70 mm) to

remove oversized material and through ASTM mesh no 18 (Size: 1.00 mm) to remove fines.5. The spent catalyst that pass through ASTM mesh no 18 (Size: 1.00 mm) will be considered

as fines. 6. The spent catalyst that pass through ASTM mesh no 12 (Size: 1.70 mm) and not through

ASTM mesh no 18 (Size: 1.00 mm) will be considered grains. 7. The sieved spent catalyst (Grains and Fines separately) shall be transferred to respective

drums and its weight will be recorded.8. With the method of coning and quartering, 1 kg samples of fines (obtained at step 7) shall be

collected in bottles and sealed. The remaining fines shall be transferred to separate empty drums (previously weighed and recorded). Total weight of the fines will be recorded. The number of 1 kg samples will be determined by the number of parties participating in the bid.

9. In order to obtain composite sample for sieved spent catalyst (Grains and Fines separately) required quantity will be sampled from each drum. The sampled quantity shall be mixed and heaped for obtaining composite sample. With the method of coning and quartering, 1 kg samples of this spent catalyst shall be collected separately in bottles and sealed. The number of 1kg samples will be determined by the number of parties participating in the bid.

10. From the above procedure following records will be obtained :a) Empty weight for each drum.b) Gross weight of each catalyst filled drum. c) Net weight of each drum containing spent catalyst grains. d) Net weight of each drum containing spent catalyst fines.e) Total weight of spent catalyst grains.g) Total weight of spent catalyst fines. h) Total weight of spent catalyst (Grains and Fines separately)

11. Distribution of samples for analysis and record will be as follows:

a. Samples of spent catalyst (Grains) for each participating bidders.b. Samples of spent catalyst (Fines) for each participating bidders.c. Samples of spent catalyst (Grains) for HPCL analysis.d. Samples of spent catalyst (Fines) for HPCL analysis.e. Samples of spent catalyst (Grains) for future reference, to be kept with HPCL.f. Samples of spent catalyst (Fines) for future reference, to be kept with HPCL.

14. Sample Quantities:-

a) 2 kg of samples (Grains) for platinum recovery will be distributed to each participating bidder.

b) 2 kg samples of fines shall be distributed to each participating bidder for carrying out platinum recovery.

Otherwise, the participating bidders and HPCL shall mutually agree upon the sample size.

NOTES:

1. Electronic balance with minimum of 0.01 kg accuracy shall be used for weighing.

2. After collection of grains/ fines in drums or sample containers, the weight for each drum/ container, will be recorded and attested by HPCL and participating bidders.

3. Drums will be sealed thereafter.

4. The oversized material as at step 4 shall be inspected jointly by HPCL and the participating bidders. Appropriate decision shall be taken as this material is not likely to contain any platinum based material.

5. All the samples collected shall be jointly sealed by HPCL and the participating bidders.

Attachment-II

Technical details of the spent catalyst:

Spent catalyst from CCR reactor and regenerator

Catalyst type : Platinum Alumina

Estimated Spent catalyst grains : 6200 kgs

Estimated Spent catalyst fines : 1300 kgs

Platinum content as per fresh catalyst : 0.28~0.29 wt%

Attachment-III

Expression of Interest (EOI Format)

EXPRESSION OF INTEREST (to be submitted in bidder’s letter head)

Bidder’s Ref. No: Date:

To,

The Dy. General Manager

Material Department

Hindustan Petroleum Corporation Ltd.

Mumbai Refinery, Mahul,

Mumbai – 400 074

Dear Sir,

This has reference to the newspaper advertisement in …………………………………… dated………………………….. and the Proposal details provided on your website for disposal of Platinum based spent catalyst of your HPCL – Mumbai Refinery. (EoI No. EOI/TECH/CCR-PT-SPENTCAT/01)

We are interested in participating in the said disposal process on the terms stated in the proposal/EoI document.

Name of Bidder:

Address and contact details of bidder:

Excise Registration No: __________________

VAT No._______________________; Income Tax PAN: ______________________

Thanking You,

Signature of Authorized Signatory

with Name & designation and Co. Seal.

Attachment-IV

Format for No Claim Certificate

To,

The Dy. General Manager

Material Department

Hindustan Petroleum Corporation Ltd.

Mumbai Refinery, Mahul,

Mumbai – 400 074

Dear Sir,

The entire quantity of spent catalyst (both grains and fines) --------- kgs as per the sale order issued by HPCL dated --------- has been uplifted. No further obligation is pending with HPCL.

Name of Bidder:

Address and contact details of bidder:

Excise Registration No: __________________

VAT No._______________________; Income Tax PAN: ______________________

Thanking You,

Signature of Authorized Signatory

with Name & designation and Co. Seal.

Attachment-V

NONDISCLOSURE AGREEMENT/NON ANALYSIS AGREEMENT

This agreement, dated __________, is between:

UOP LLC, a limited liability company of Delaware, U.S.A., having its principal place of business at 25 East Algonquin Road, Des Plaines, Illinois 60017-5017 (“UOP”); and

<COMPANY NAME>, having its principal place of business at __________ (“COMPANY”).

Background

From time to time, UOP may furnish to one or more of UOP’s customers (individually, “OWNER”) a commercial quantity of one or more of UOP’s catalysts (individually, the “Catalyst”). From time to time, OWNER or UOP may furnish a sample of the Catalyst to COMPANY for COMPANY to evaluate whether COMPANY can recover precious metal(s) from the Catalyst (the “Evaluation”), or OWNER or UOP may furnish a commercial quantity of the Catalyst to COMPANY for COMPANY to recover precious metal(s) from the Catalyst (the “Metal(s) Recovery”).

Terms

1. COMPANY may analyze the Catalyst for the properties listed in the attached Exhibit, but only to the extent necessary for COMPANY to perform the Evaluation and the Metal(s) Recovery. Unless otherwise authorized by UOP in writing, COMPANY will not analyze any other compositional or physical characteristics of the Catalyst.

2. All information relating to the Catalyst or its use which COMPANY obtains by handling the Catalyst, or receives directly or indirectly from OWNER or UOP (the “Catalyst Information”) will remain the property of UOP.

3. COMPANY will not furnish the Catalyst or the Catalyst Information to a third party, except as provided in paragraph 6.

4. COMPANY will use the Catalyst and the Catalyst Information only for the Evaluation and the Metal(s) Recovery.

5. COMPANY will confine the Catalyst and the Catalyst Information to those employees of COMPANY who need access to the Catalyst and the Catalyst Information for the performance of their duties in connection with the Evaluation and the Metal(s) Recovery.

6. COMPANY may furnish a sample of the Catalyst to a third-party laboratory for the laboratory to conduct any of the analyses permitted under paragraph 1, provided the laboratory has first signed an agreement with UOP or COMPANY containing restrictions on use, duplication and disclosure which are at least equal to those in this agreement. COMPANY will not disclose to the laboratory the source or the past use of the Catalyst.

7. The restrictions on use and disclosure in this agreement will not apply to any of the Catalyst Information:

a. which was developed by COMPANY and was in COMPANY’s possession before COMPANY’s receipt of the Catalyst Information under this agreement;

b. which was in the public domain before COMPANY’s receipt of the Catalyst Information under this agreement, or which subsequently enters the public domain through no act or omission by COMPANY; or

c. which has been rightfully furnished to COMPANY by a third party without restrictions on use or disclosure.

The above exceptions will not be construed as an express or implied grant of any rights under UOP’s copyrights or patents. An individual feature of the Catalyst Information will not be considered to be within the above exceptions merely because the feature is embraced by more general information within the exceptions. A combination of features of the Catalyst Information will not be considered to be within the above exceptions unless the combination itself and its principle of operation are within the exceptions.

8. UOP makes no representations or warranties regarding the Catalyst or the Catalyst Information, and UOP will not be liable for any losses or damages arising out of their use.

9. This agreement may be terminated by either party at any time. After termination, the restrictions on use, duplication and disclosure in this agreement will remain in effect; however, COMPANY will have no further right under this agreement to receive or use the Catalyst or the Catalyst Information.

AGREED: AGREED:

<COMPANY NAME> UOP LLC

By By

Title Title

Attachment-VI

Procedure for registration with MSTC

1) The bidders shall be required to do online registration on www.mstcecommerce.com & pay pre-bid EMD of Rs._______ (for Indian Bidders) or USD ________(for Foreign Bidders) for participating in e-auction.

2) The registration procedure is outlined below :

2.1 For Indian bidders :

2.1.1 Bidder shall do online registration as buyer, on www.mstcecommerce.com & create user id/password by filling up online registration form.

2.1.2 Upon online registration, the bidder shall submit following documents & fees at any office of MSTC :

i) 2 passport size photograph.ii) VAT & CST registration certificate.iii) PAN Card.iv) Signature verification letter from the bank.v) Latest IT return.vi) Registration fees of Rs.11,236/- (R.s.10,000/- + ST@12.26%) by DD/PO

favoring MSTC Ltd., payable at Mumbai

The bidder will be required to present originals of all above documents at nearest office of MSTC for verification.

3.1 For Foreign Bidders :

3.2.1 Bidder shall do online registration as buyer on www.mstcecommerce.com & create user id/password by filling up online registration form.

3.2.2 Upon online registration, the bidder shall send following documents & fees for activation of their login at address – MSTC Ltd, 607, Raheja Centre, Nariman Point, Mumbai- 400 021:

1* Personal ID proof.(Original for verification)

2Letter of introduction from their local Chamber of Commerce (where the foreign buyer’s business is situated) to be forwarded to MSTC through Indian Consulate/Embassy of their country (Original)

3Details of the Bank Account of the buyer and confirmation thereof by the Bank along with attested signature of the authorized representative of the foreign buyer. This should be sent by the  Bank directly to MSTC(Original)

4 Letter of good standing from a reputed bank with details of bank account of the bidder along with the solvency certificate from the bank(Original)

5 Cancelled cheque(s) from their bank account(s) to be submitted (In case cheques are not available, letter from Bank confirming Bank details)

*6 Certification of Registration or Certificate of Incorporation.(Original for verification)

7 For countries not having system of registration, Identity confirmation letter from Chamber of Commerce.(Original)

8 Signed copy of Bidder Registration Details(Original)

9 Registration fee USD 562.00 (USD 500 + Service Tax)

* Originals shall be returned by speed post/courier.