hindustan petroleum corporation ltd...

HINDUSTAN PETROLEUM CORPORATION LTDLUBES SBU,SECOND FLOOR,HINDUSTAN BHAVAN

8,SHOORJI VALLABHDAS MARG,BALLARD ESTATE,MUMBAI-400001 TEL : 91-22-22637223 FAX No : 91-22-22612944 /

22610610 e-mail : [email protected]

TENDER No : 7000152-HD-14001Due Date : 28/11/2007 @ 15:00 Hrs(IST)EARNEST MONEY DEPOSIT : Rs 37 LAKHS

MATERIAL : MANUFACTURING & SUPPLY OF AP3 GREASES INVARIOUS SIZES OF PACKS TO VARIOUS LOCATIONS

INDEX OF CONTENTS

ATTACHMENT I : COVERING LETTER

ATTACHMENT II : TERMS AND CONDITIONS

ATTACHMENT III-A,B,C,D & E : SPECIFICATION OF GREASES &

PACKAGING MATERIALS

ATTACHMENT IV : UNPRICED BID

ATTACHMENT V : TENDERER DETAILS

ATTACHMENT VI : DECLARATION-I

ATTACHMENT VII : DECLARATION-II

ATTACHMENT VIII : DECLARATION-III

ATTACHMENT IX : DECLARATION-IV

ATTACHMENT X : DECLARATION - V

ATTACHMENT XI : FORMAT FOR BANK GUARANTEE FOR EARNEST

MONEY DEPOSIT

ATTACHNENT XII : PRICED BID ( A TO P)

ATTACHMENT XIII : INTEGRITY PACT

1 SEAL & SIGNATURE OF TENDERER

ATTACHMENT - I

LUB/PUR/RDG/BHC DATE :05/11/2007

Public Tender No. : 7000152-HD-14001

Subject : Manufacturing and Supply of AP3 Grease in

various sizes of packs to various locations.

Due Date : 28/11/2007 Time : 15:00 HrsEarnest Money Deposit : Rs 37 Lakhs

Dear Sir,

We invite your most competitive offer in two bid system for

manufacturing and supply of Various Greases in various size of packs

as per attachment for a period of one year from the date of placement of

the purchase order.

You may offer grade wise requirement. Vendor should offer all packs

within grades . The business will be awarded to one supplier locationwise on over all lowest basis. Vendor can offer for any locations ,

however they should offer for all packs to that locations.

Please note that the quantity to be supplied in each case will be to the

tune of total quantity required as per Attachment . If you offer partial

quantity for any grade , the same will be rejected.

Tenderer who fulfill the following Minimum Qualifying Requirement

should submit their offer against above tender :

1) Vendor should be a manufacturer of Lithium based Greases in house

& packing in small packs in house. The tenderer should have the

necessary machinery required for the manufacturing, packing &

testing of Greases. The detailed but not exhaustive list of facilities

required at the premises of the tenderer is given below:

1. Details of grease manufacturing facility :-


a. Kettle Type

i.Open

ii. Pressure (Stratco, etc)

b. Utilities

i.Boiler

ii.Thermic Fluid Heaters

iii.Air Compressors

c. Heating system

i.Direct / Indirect

d. Agitation System

i.Single / Double / Planetary Motion or other

e. Cooling System

i.Jacketed / Limped Coils

f. Milling system

i. Indigenous (or)

ii.Imported – More House / Frigmare / PUC / Gaulin /

Other

g. De aeration system

i.Vacuum / Mechanical

h. Filling Lines (should be calibrated & approved by

Department of Legal Metrology)

i.Bulk (182 KG DRUM)

Ii.Smalls (200 GMS TO 18 KG)

i. Filling System

i.Manual / Semi Automatic / Automatic

j. Packaging System

i.Provision of PVC Sheet on drum top / shrink wrapping

k. Labelling system

i.Manual Stenciling brush / air gun / Inkjet Printing

l. Material Handling Systems

i.Manual / OHT Cranes / Freight Lifts / fork lifts

m. Material storage systems

i.Open / Closed warehouse

n. Base Oil Storage systems

i.Storage tanks / Vessels

o. Base Oil Accounting systems

i.Flow Meters / Volumetric / Mass Load Cells /

Calibration data & validity

2. Grease Testing equipment :

i.Viscosity Batch - 40c & 100c

ii.Copper Strip Corrosion Bath

iii.Weighing Balance

iv.ASTM Colorimeter

v.Rust Prevention Eqpt.

vi.Pour Point appt.

vii.Grease Worker


viii.Penetrometer

ix.W.B Tilted Test

x.Drop Point Test

xi.PMC Flash Point Tester

xii.COC Flash Point Tester

xiii.WB Tester

xiv.Oxidation Stability Tester

xv.Titration Appt.

xvi.Timer load tester

xvii.Water washout tester

xviii. Oil separation test equip.

All the above equipment should be owned / Leased by

the tenderer. In case the equipment is leased, the

tenderer should provide lease deed covering the tender

period 4 months + order period one year.

3. Lab testing facilities are NABL accredated (National

Accreditation Board For testing & calibration of

Laboratories) and / or ISO 9001 certified (Copy of

certificated is to be provided)

2. Stautory Licence :

a)Factory LIcence

b) Shops & Establishment Act

c) SSI / Medium Scale Regn. / NSIC

d) PF

e) ESIC

f) EXCISE Regn. Details

g) Local Sales Tax No.

h) CST No.

i) Explosive Licence

j) Approval of Factory from Pollution Control Board

3. The vendor should have proper Safety , Health & Environment Policy.

4. The vendor should maintain Good Housekeeping.

5. The tenderer should provide the concurrent commitment and give an

undertaking that the installed capacity is capable of supplying to

HPCL considering the concurrent commitments.

6. The Vendor can offer whichever the location they wish to participate in

this tender. Please note that the vendor should offer all packs & for

full quantity for each location wherever participated. The offers

received in part quantity or not offered for all size of packs will be

rejected.


7. Annual Financial Turnover should not be less than Rs 28 Crores in

any one of the last 3 financial years i.e 2004-05, 2005-06, 2006-07 .

Please submit Audited Profit & Loss statement for the alst 3 years

8. Applicants should have experience of having successfully completed/

supplied Lithium / Calcium / Sodium based greases as mentioned below

during last 7 years ending last day of month previous to the one in which

applications are invited :

A. Three similar completed works costing not less than Rs 11

Crores (or)

B. Two completed works costing not less than Rs 14 Crores (or)

C. One similar completed work costing not less than Rs 23 Crores

Relevant document from the customer is to be submitted.

9. Parties who are affiliates of one another can decide which Affiliate will

make a bid. Only one affiliate may submit a bid. Two or more affiliates

are not permitted to make separate bids directly or indirectly. If 2 or

more affiliates submit a bid, then any one or all of them are liable for

disqualification. However upto 3 affiliates may make a joint bid as a

consortium, and in which case the conditions applicable to a consortium

shall apply to them.

“Affiliate” of a Party shall mean any company or legal entity which:

(a) controls either directly or indirectly a Party, or

(b) which is controlled directly or indirectly by a Party; or

(c) is directly or indirectly controlled by a company, legal entity or

partnership which directly or indirectly controls a Party.

“Control” means actual control or ownership of at least a 50%

voting or other controlling interest that gives the power to direct, or

cause the direction of, the management and material business

decisions of the controlled entity.

10. Bids may be submitted by:

a) a single person/ entity (called sole bidder);

b) a newly formed incorporated joint venture (JV) which has not

completed 3 financial years from the date of commencement of business;

c) a consortium (including an unincorporated JV) having a maximum of 3

(three) members;

d) an Indian arm of a foreign company.

11.Fulfilment of Eligibility criteria and certain additional conditions in

respect of each of the above 4 types of bidders is stated below,

respectively:


a) The sole bidder (including an incorporated JV which has completed 3

financial years after date of commencement of business) shall fulfil each

eligibility criteria.

b) In case the bidder is a newly formed and incorporated joint venture

and which has not completed three financial years from the date of

commencement of business, then either the said JV shall fulfil each

eligibility criteria or any one constituent member/ promoter of such a JV

shall fulfil each eligibility criteria. If the bid is received with the proposal

that one constituent member/ promoter fulfils each eligibility criteria,

then this member/promoter shall be clearly identified and he/it shall

assume all obligations under the contract and provide such comfort

letter/guarantees as may be required by Owner. The guarantees shall

cover inter alia the commitment of the member/ promoter to complete

the entire work in all respects and in a timely fashion, being bound by all

the obligations under the contract, an undertaking to provide all

necessary technical and financial support to the JV to ensure completion

of the contract when awarded, an undertaking not to withdraw from the

JV till completion of the work, etc.

c) In case the bidder(s) is/are a consortium (including an unincorporated

JV), then the following conditions shall apply:

1) Each member in a consortium may only be a legal entity and not an

individual person;

2) the Bid shall specifically identify and describe each member of the

consortium;

3) the consortium member descriptions shall indicate what type of legal

entity the member is and its jurisdiction of incorporation (or of

establishment as a legal entity other than as a corporation) and provide

evidence by a copy of the articles of incorporation (or equivalent

documents);

4) One participant member of the consortium shall be identified as the “

member” and contracting entity for the consortium;

5) this prime member shall be solely responsible for all aspects of the

Bid/Proposal including the execution of all tasks and performance of all

consortium obligations;

6) the prime member shall fulfil each eligibility criteria;

7) a commitment shall be given from each of the consortium members in

the form of a letter signed by a duly authorized officer clearly identifying

the role of the member in the Bid and the member’ commitment to

perform all relevant tasks and obligations in support of the Prime/lead

member of the Consortium and a commitment not to withdraw from the

Consortium;

8) No change shall be permitted in the number, nature or share holding

pattern of the Consortium members after pre-qualification, without the

prior written permission of the Owner.

9) No change in project plans, timetables or pricing will be permitted as a

consequence of any withdrawal or failure to perform by a consortium

member;


10) No consortium member shall hold less than 25% stake in a

consortium;

11) Entities which are affiliates of one another are allowed to bid either as

a sole bidder or as a consortium only;

12) Any person or entity can bid either singly or as a member of only one

consortium.

d) In case the bidder is an Indian arm (subsidiary, authorized agent,

branch office or affiliate) of a foreign bidder, then the foreign bidder shall

have to fulfill each eligibility criteria. If such foreign company desires that

the contract be entered into with the Indian arm, then a proper back to

back continuing (parent company) guarantee shall be provided by the

foreign company clearly stating that in case of any failure of any supply

or performance of the equipment, machinery, material or plant or

completion of the work in all respects and as per the warranties/

guarantees that may have been given, then the foreign company shall

assume all obligations under the contract. Towards this purpose, it shall

provide such comfort letter/guarantees as may be required by Owner.

The guarantees shall cover inter alia the commitment of the foreign

company to complete the entire work in all respects and in a timely

fashion, being bound by all the obligations under the contract, an

undertaking to provide all necessary technical and financial support to

the Indian arm or to render the same themselves so as to ensure

completion of the contract when awarded, an undertaking not to

withdraw from the contract till completion of the work, etc.

HPCL reserves the right to accept or reject any document at its

discretion.

Bids should be submitted in “Two Bid System” (Unpriced Bid &

Priced Bid) as under :

Tender Documents to be submitted with Unpriced Bid

� Earnest Money Deposit of Rs. 37,00,000/- (Rupees Thirty seven

Lakhs only)

� Terms & Conditions duly signed & stamped on all sheets

� Specifications of Grease & Packaging Materials (Signed & Stamped)

� Unpriced Bid (Filled, Signed & Stamped)

� Tenderer’s Details - Vendor Data Form (Filled, Signed & Stamped)

� Declaration I, II, III, IV & V (Filled , Signed & Stamped)

� Audited Profit & Loss statement for the last 3 years .

� Copies of old order / contract /copy of letter / invoice copy to confirm

the order executed for the above mentioned value.

� Any other documents for qualifying against the tender.

Tenders received without EMD will be rejected.


Tender Documents to be submitted with Priced Bid

� Priced Bid (Prices and Taxes)

Notes :

1) If EMD is not submitted alongwith Unpriced Bid, your quotation

will be rejected.

2) Tenders should be submitted in appropriate envelopes (marked

Unpriced & Priced), duly sealed, Superscribed with above Tender

No., Subject, Due Date and Name of Tenderer etc. Tenderer should

use their envelopes for submitting quotation.

3) Tender (sealed envelope) should be dropped in “Tender Box” at

the office of Ch. Mgr.Proc. Ludes, Hindustan PetroleumCorporation Limited, Hindustan Bhavan, 2nd Floor, 8, ShoorjiVallabhdas Marg, Ballard Estate, Mumbai - 400 001.

4) Tenders will be opened in the presence of attending tenderers

at 3.15 PM on due date indicated above.

5) Late tenders / delayed tenders received after the stipulated last

date & time for receipt of tenders, due to any reason including

postal delay, will not be considered.

6) This tender is governed by Greivance Redressal Mechanism as

appearing in HPCL Website: www.hindustanpetroleum.com

7) Please note that the placement of order against this tender willconfirm to the rules and regulations of the government of Indiaas advised from time to time, including the purchase preferenceto Public Sector Enterprises of Central Government and the price

preference to NSIC/SSI units.

8] The Integrity Pact duly signed by the authorized official of HPCL and

the Contractor, will form part of this contract / supply order.

Proforma of Integrity Pact (which is issued along with the bidding

document) shall be returned by the bidder along with technical bid,

duly signed by the same signatory who signs the bid i.e. who is duly

authorized to sign the bid. All the pages of the Integrity Pact shall be

duly signed by the same signatory. Bidder’s failure to return the

Integrity Pact along with the bid, duly signed, shall lead to outright

rejection of such bid.

If the Bidder has been disqualified from the tender process prior to the

award of contract according to the provisions under Integrity Pact,

HPCL shall be entitled to demand and recover from bidder Liquidated

damages amount by forfeiting the EMD/Bid security (Bid Bond) as per

provisions of Integrity Pact.

If the contract has been terminated according to provisions of the

Integrity Pact, or if HPCL is entitled to terminate the contract

according to provisions of Integrity Pact, HPCL shall be entitled to

demand and recover from the Contractor liquidated damages amount


by forfeiting the Performance Bank Guarantee / Security Deposit as

per Integrity Pact.

9) Please note that the supplier is required to provide the finished

greases in various packs . All packaging materials have to be procured

by the supplier at his cost. However oils required for the

manufacturing are required to be procured from HPCL only. Apart

from escalation/descalation for oils, no other variation in the rates is

permitted.

10) Tenderers may contact B. Hemachitra at 22637223 (Mumbai) or e

mail : [email protected] for any clarifications

Thanking you,

Very truly yours

sd/-

Ravi Dutt Gaur

Ch. Mgr.Proc.Lubes- SBU


ATTACHMENT - II

Terms & ConditionsScope of Job 1) Tenderer should manufacture AP-3 grease as per specifications

given in the attachment and then fill and pack the same in

various sizes of packs in house .

4025Total

100.00182 KG Drum

120.0018 KG PPCP Container

120.005 KG PPC Container




100.00500GM PPCP Container

75.00200 GM POUCHAP 3 GREASE

CHENNAI TERMINAL4

80.00182 KG Drum








B-BUDGE TERMINAL3

120.00182 KG Drum








KHONI BHIWANDI COLD2

180.00182 KG Drum








SHAKURBASTI TERMINAL1

Quantity in MTPack sizeTerminal & Grade Sr.No


2) Specifications of ½ Kg, 1 Kg, 2 Kg, 3 Kg , 5 Kg ,18 Kg PPCP Grease

Containers and 182 KG drums are attached. Specifications of

Corrugated Cartons (24 x 500 grams, 12 x1 Kg, 6 x2 Kg, 4 x3 Kg and

4 X 5 Kg), BOPP Tape (required for sealing cartons) are also attached.

Tenderer should procure this packaging material as per attached

specifications and ensure printing of all mandatory details in line

with Weights and Measures (Package Commodities) Rule 1977.

In case any of the packages is found not in line with Weights &

Measures requirement any time any where which manufactured by

the tenderer, they will be solely responsible for any claims or

legal complaints arising there upon.

3) Tenderer should procure Base Oil, Raw Materials / Additives for

manufacture of the greases. Formulations required to manufacture

of the greases should be provided by the tenderer in the separate

data sheet alongwith “Unprice Bid”.

4) HPCL officers will inspect unpacked / packed grease before filling

/ despatch. Similarly Base Oil, Raw Materials / Additives and

Packaging Materials procured by the tenderer may be inspected

by HPCL officers anytime during the pendency of the contract

period. The greases supplied to HPCL Locations will be tested for

meeting the specifications. In case of failure to meet the specifications,

the supplier shall take the defective material at his own cost and risk

and supply material meeting the specifications.

5) Tenderer should have all the required facilities for the manufacture

and packing of the grease at their plant. Filling operations should

not be sublet or subleased to any other party / source.

6) Defective Material : Material not supplied as per our

specifications found to be defective, underweight, substandard,

have any manufacturing / printing defects would be rejected as

and when detected. Such defective material would be returned to

the vendor / supplier for replacement. Supplier should arrange

their removal from our premises at their own cost. If they fail

to replace the material within 7 days of intimation, the same will

be procured from the third party and the differential cost will be

deducted from their pending bills. HPCL will also reserve their

right to suspend temporarily or permanently, the supplies from

such parties. In case of any disputes regarding rejection the

decision of Chief / Sr. Manager - Installation shall be considered

as final and irrevocable.


7) The material is to be supplied as per monthly callup schedules at

HPCL,Mazagon Terminal .

8) Earnest Money Deposit (EMD) : Tenderer will have to pay

Earnest Money Deposit (EMD) of Rs 37.00 Lakhs(Rupees Thirty

seven Lakhs only). EMD should be paid as Demand Draft (from

any scheduled bank other than cooperative banks) drawn in favour

of Hindustan Petroleum Corporation Limited payable at Mumbai

or by Original Bank Guarantee from Scheduled Bank(Other than

Co-operative Bank) valid for 4 months from the due date of

tender. Format is as per attachment.

Tenders / offers received without EMD will be rejected.

Cheques / Cash / Money Orders or any other documents are not

acceptable towards EMD and if EMD is paid in the form of

such documents then tenders will be treated as submitted

“WITHOUT EMD” and such tenders will be rejected. Linking with

earlier transactions / adjustments with pending bills or any other

amount payable by HPCL is not allowed. EMD refund will be

made to unsuccessful tenderers after finalisation of the tender.

In case of successful tenderers, EMD refund will be made only

after payment of necessary Security Deposit against Purchase

Order placed on them. EMD will not carry any interest. EMD

will be refunded by Cheque.

EMD is liable to forfeiture in the event of :

i. Withdrawal of offer during the validity period of the offer

ii. Non-acceptance of orders when placed

iii. Non-confirmation of acceptance of orders within stipulated time

after placement of orders

iv. Any unilateral revision made by the tenderer during the validity

period of the offer.

v. Non-execution of the document after acceptance of the contract /

order due to any dispute of the tenderers or any reason

whatsoever

vi. Non-payment of Security Deposit or non-submission /

non-approval of sample within stipulated period

9) Exemption from payment of EMD : Registration with DGS&D

will not entitle the tenderer to claim exemption from payment of

EMD. Public Sector Enterprises and Vendors registered with

National Small Scale Industries Corporation (NSIC) are exempted

from making payment of EMD.

For this purpose, in the event of the tenderer being a Public

Sector Enterprise, a declaration to that effect and in case of


Vendor registered with NSIC, a copy of valid registration

certificate indicating the item tendered as well as unit / plant

should be submitted.

10) Validity of offer from Tenderer : The rates quoted as well as

total or monthly quantities offered against this tender shall be

valid for a period of 120 days from the due date of the

tender.

11) Visit to the Plant: Tenderer shall be technically evaluated by our

team who shall visit their manufacturing Plants, and testing facilites

and assess the capabilities of manufacturing the Grease as per our

specifications. If required samples shall be collected at the time of

the visit and duly tested at our end to satisfy ourselves. Vendors who

does not have proper facilities , not meeting pre qualification criteria

and not accepted to our specifications , will be rejected.

12) Delivery Schedule :

The purchase orders will be valid for a period of one year from the

date of placement. Material is required to be supplied as per the

callups from HPCL Plant.Total tender quantity is separately

indicated in tender. Quantity indicated is provisional, estimated

quantity only and HPCL reserves the right to modify/change

any quantities at its sole option within total quantity offered by

tenderer. Orders shall be treated as closed after successful

tenderer have supplied the ordered quantities. Tendereres to

note that the monthly call - up quantities may not be on pro -

rata basis of total ordered quantity but will be based on the

specific demand for the month.

The monthly requirements will be intimated from time to time by

means of written call ups against Purchase Order quantities with a

notice of one week on successful tender by our terminals. Delivery

should be made in line with such callups. The quantities called up

should be supplied as per the delivery schedule given in the callups.

Successful tenderer should be capable of supplying 4 times

monthly prorata quantity as demand of terminal during peak

requirement.

Tenderers are advised to specify in the tender document, the

maximum quantities they are able to commit or supply every

month and on total basis. Such offered quantities will be treated

as firm and shall not be open for the tenderers to withdraw /

reduce the quantities once committed as available. Delivery

Period and quantities once committed must be strictly adhered

to.


In the event of inability of HPCL to uplift the stipulated material due

to circumstances beyond its control, HPCL will not be responsible for

any losses sustained by the tenderers. Supplier should ensure

that trucks loaded with material should reach the terminal

before 3 PM on all working days except Saturdays. On

Saturdays, the truck should report to the terminal before 12

noon, otherwise the truck will be unloaded on next working

day.

13) Risk Purchase : In case successful tenderer fails to deliver the

ordered quantities of materials as per callups stipulated in

delivery schedule, HPCL reserves the right to procure the

undelivered quantities from alternative source(s) at the risk,

responsibility and cost of successful tenderer. Such cost will be

recovered from successful tenderer’s pending bills, security

deposit, Bank Guarantee given by tenderer for HPCL Stocks of

base oil etc. Repeated rejection of material will entail “Risk

Purchase” from other source(s) at successful tenderer’s cost.

Similarly any undue delay in supply of call-up quantities beyond

the callup supply dates, may entail Risk Purchase.

14) Price Variation Clause : The tenderers are required to purchase oil

ALPROL N-100 required for the manufacture of AP-3 grease against

this tender from HPCL only .

HPCL will allow Escalation/De-escalation of the rates as per the Basic

rates excluding all duties/levies of Alprol grades as applicable at

Mumbai. The Escalation/Deescalation will be based on 83.55%

dosage and density indicated below for each grade as per the of

change in the Basic List Rate of Alprol grades as prevailing in

Mumbai. The density of the grades @29.5°C is 0.8900 gm/cc

At the time of release of the Purchase Order, the rates of greases will

be calculated on the basis of the rate of oil applicable as on the date of

the purchase order.

The periodicity of revision allowed will be once in a month. The

escalation/de escalation will be based on the lowest rates during the

previous month. For Example : Rates for supplies of Grease in March

will be based on the lowest rates during February .

In case any discount is offered by HPCL to the successful tenderer,

the same will be accounted for escalating / de-escalating at the time

of placement of PO & further periodic revision.

In case material is not available from HPCL during a month, then the

supplier will have to obtain written consent from HPCL for obtaining


base oil from alternate sources. However the escalation/deescalation

will applicable will be as per HPCL prices only.

No escalation/de-escalation will be permitted for other item in this

tender.

15) Excise Duty & Education Cess : Excise Duty including cess

will be reimbursed at actuals as applicable at the time of

delivery. (Please specify current rate and amount for each grade).

Tenderer will have to complete all necessary documentation /

formalities required by Central Excise Authorities. HPCL will be

availing modvat credit on grease manufactured / blended by

tenderer on behalf of HPCL.

16) Value Added Tax (VAT) / Sales Tax (ST) : The rate of tax

payable will be as applicable at the time of delivery. (Please

specify current rate of VAT / ST payable.

17) Octroi Duty / Other Levy : Octro duty / Entry Tax, if any, will

be reimbursed by the Corporation at actuals as applicable on

the date of delivery against production of proof of payment.

18) Security Deposit : Successful Tenderer will have submit Bank

Guarantee for 1% (One Percent) of Purchase Order Value towards

Security Deposit within 15 days of placement of letter of intent

/ order / contract. The Security deposit shall be refunded on

production of satisfactory completion certificate. Security Deposit

will not bear any interest.

The Security Deposit shall be liable to be forfeited wholly or in part at

the sole discretion of Hindustan Petroleum Corporation Ltd. in case

the successful tenderer fails to supply or fulfill any of their

contractual obligations or is in default without prejudice to other

rights of HPCL to claim further compensation towards loss sustained

if HPCL choose to buy materials from other sources,

19) Payment Terms : Following cycle for making payments against

invoices will apply :

Supplies made during Date of Submission of bills Due Date for

payment

1st to 15th 18th By the 7 th of the

following month

16th to end of month 3rd of the next month By 21th of the

following month

A. In the event of Column 2 & 3 being Holiday, the applicable

date will be taken as next working day.


B. Invocies will be supported by copies of challans duly signed by

receiving Installation / Terminal for road despatches. In case of

Direct Despatches to upcountry locations, invoices will be

supported by copies of despatch documents by Trucks / Lorries

(arranged by us). Payment for this will be made against invoices

supported by despatch documents alongwith Lorry Receipt.

Supplies made to Payment Authority (HPCL Office At)

1) Terminals as mentioned above Disbursement Section,

HPCL, respective Terminals

20) Sub-leasing : After placement of order, the successful tenderers

shall not be allowed or entitled to sublet , subcontract or assign any

part of order without the prior written consent of HPCL

21) Distribution of Orders :The business will be awarded to onesupplier location wise on over all lowest basis. Vendor can offerfor any locations , however they should offer for all packs to

that locations.

Please note that placement of order against this tender will

confirm to the rules and regulations of the Government of

India as advised from time to time, including the Purchase

Preference to Public Sector Enterprises of Central Government

and the Price Preference to NSIC/SSI units.

22) Cancellation : HPCL reserve the right to cancel the contract

forthwith upon or any time after the happening of any of the

following events viz :

A. If Tenderer commits breach of any of the tender terms and

conditions and fail to remedy such breach within 15 days of

receipt of written notice in regard thereto.

B. On the death or adjudication of insolvent of the tenderer if he

be an indicidual.

C. Liquidation whether voluntarily or otherwise on the passing of

an effective resolution for winding of tenderer if it be a

company

D. If the attachment is levied or continued to be levied for a

period of seven days upon effects of the tenderer or of any

individual or partner of tenderer firm.

E. If the tenderer does not adhere to the instructions which may

be issued from time to time by HPCL in connection with the

manufacture of barrels, HPCL’s right to terminate the contract

shall be without prejudice to any of other rights and remedies

against the tenderer and in the event of terminating the

contract, HPCL shall not be liable to pay for any loss or

compensation in respect of such termination. HPCL’s right to


terminate the contract shall be without prejudice to any of its

other rights and remedies against tenderer and in the event of

HPCL so terminating the contract, it shall not be liable to pay

any loss or compensation in respect of such termination.

23) Force Majeure : Force Majeure clause will be applicable on both

sides. However, in case of force majeure the concerned party shall

inform the other party in writing within 21 days of the

happening of the force majeure occurrence. The accepted definition

of force majeure will be as “ Acts of God, war declared or

undeclared, Civil Commotion, Natural Calamities (like floods,

Earthquakes, Epidemics etc.) Strikes, Lockouts, Statutory

restrictions effecting deliveries, fires, explosions, Acts of enemy agent

etc.”

24) Statement of Supply : Successful Tenderer shall send a

statement showing supplies made by them to terminals / direct

supplies to upcountry locations vis-à-vis the callup quantity for

each month in first week of following month. Remarks, if any for

short supplies against call ups, to concerned receiving location /

terminals should also be indicated in statement.

18) Validity of Order / Contract : Rates quoted shall be valid for a

period of 4 months from the date of tender opening. Once the order

is placed, the same would be valid for one year from the date of

placement of the purchase order, subject to the price variation

clause as mentioned above.

25) Negotiations : HPCL reserves the right to negotiate with

Tenderers. In the event of negotiations, tenderer will be required

to confirm the negotiations in writing. If tenderer fails to

comply with this requirement, HPCL reserves its right to ignore

his quotation at its discretion.

26) If manufactured / blended Grease is not strictly as per Control

Specifications, HPCL reserves the right to cancel purchase

order / contract and forfeit EMD / Security Deposit.

27) Declaration by the tenderer : Tenderers must provide an

undertaking that “They will not supply / divulge HPCL’s

packages / moulds, designs / artwork to any other party. Any

vendor found indulging in such activities, appropriate penal

action will be initiated by HPCL.

28) Arbitration :

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 any

other Government Company, or any retired officer of the Central

Government not below the rank of a Director, to act as the Sole

Arbitrator to adjudicate the disputes and differences between the

parties. The contractor/vendor shall not be entitled to raise any

objection to the appointment of such person as the Sole Arbitrator

on the ground that the said person is/was an officer and/or

shareholder of the owner, another Govt. Company or the Central

Government or that he/she has to deal or had dealt with the matter

to which the contract relates or that in the course of his/her duties,

he/she has/had expressed views on all or any of the matters in

dispute or difference.

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 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.

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.

The Contract shall be governed by and constructed according to the laws

in force in India. The parties hereby submit to the exclusive jurisdiction

of the Courts situated at Mumbai for all purposes. The Arbitration shall

be held at Mumbai and conducted in English language.

The Appointing Authority is the Director – Marketing of Hindustan

Petroleum Corporation Limited.

29) Counter Terms and Conditions will not be accepted. Over Writing

should be avoided. Corrections, if any, should be initialed by the

tenderer.

30) HPCL reserves the right to accept or reject any offer(in part or full)

without assigning any reason whatsoever.Tender terms and

Conditions should be carefully studied. All the pages of the tender

documents should be signed and rubber stamped as a token of your

acceptance and submitted to HPCL.

31) Tenders received after the due date and time including postal delays

will be rejected forthwith

32) Any offer containing variations from our terms and conditions and or

counter conditions will not be accepted. Tenderers are advised in

their own interest to quote strictly as per terms and conditions

stipulated by the Corporation and not to add conditions of their own

or to modify the terms and conditions stipulated in the tender.


33) The Corporation reserves the right to accept or reject any or all

tenders in whole or in part and or all tenders in whole or in part

and or to divide the work amongst tenderers in the manner

considered suitable by the Corporation, at the Corporation’s sole

discretion, without assigning any reason. Acceptance of offer shall

be valid only when advised by the Corporation in writing to the

concerned successful tenderer.

34) The Corporation reserves the right, at it’s sole discretion and without

assigning any reason whatsoever to

1) Negotiate with any or all tenderer(s)

2) Divide the work among tenderers,

3) Reject any or all tenderers either in full or in part,

4) Assign the business temporarily or permanently and the

decision of the Corporation will be final and binding on the

successful tenderers/Contractors.

5) Engage additional contractors at any time without giving any

notice whatsoever to the contractor/s already appointed against

this Tender.

35) BEST PRICE CLAUSE :

In case of successful tenderers, the orders placed on them will be

governed by “BEST PRICE” Clause under which, if the tenderer, on

whom the order is placed, offers a lower rate / better terms &

conditions (other than at which the order is placed on the tenderer

by the Corporation) to any other company / organisation during

the pendancy of the order the same price / terms will automatically

be applicable to the Corporation.


35) HPCL reserves the right to accept or reject any offer without

assigning any reason whatsoever.

36) HPCL reserves the right to exercise the option of “Reverse Auction”

against this tender.

Signature / Seal of the Tenderer.Address & Tel. No.

-----------------------------------------------------------------------------------

Details of EMD Payment (Please “Tick” whichever is applicable) :

EMD is submitted by

1) Demand Draft [ ] DD No. & Dt. -

2) Bank Guarantee[ ] BG No. & Dt. -

3) Exempted [ ]


ATTACHMENT - III(A)SPECIFICATION OF AP3 GREASE

CONTROL SPECIFICATIONS OF HP AP 3 GREASE

22. Shelf life : finished grease should not

show signs of separation/oil bleeding for 6

months from the date of manufacture

Grease should be processed from following

components:

A. Fat : only HCO/12HSA

B. Alkali : only Lithium Hydroxide

C. Base oil: virgin Mineral oil from reputed

source

D. Additives : sourced from reputed

additive suppliers

Finished grease should meet above

specifications

Nil21. Fillers

ASTM D

4628/4927/495

1

Nil20. Calcium content, % wt.

ASTM D 12815 min19. Soap content, % min

ASTM D 445

ASTM D 92

10

90 -110

200

18. Minreal oil viscosity

@ 100oC, cSt, Min.

@40oC, cSt,

Flash point, (COC)oC, min

ASTM D 183125 max17. Roll stability test, after 16 hrs,

% change from 60X, max

ASTM D 17431.0 max16. Corrosion preventive test, rating, max

IP 2200,015. Dynamic anti-rust test (Emcor), rating

ASTM D 942

10 max

14.Oxidation Stability, drop in

pressure, psi, max.

ASTM D 12635 max

Free from deposits

13.Wheel Bearing test, leakage by mass,

deposits in the wheel bearing races or

rollers

IS:1448 P:895.0 max12.Heat stability, @ 100oC, 30 hrs,% wt.

ASTM D 95Nil 11.Water, % max.

ASTM D 12645.0 max10.Water wash out test, @80 100oC, % loss,

max

ASTM D 140410 max.9.freedom from Deleterious particles, number

of scratches, max

IS:1448 P 530.158.Free Alkalinity, as LiOH,% wt. max.

IS:1448 P 53Nil7.Free Organic, as Oleic Acid,% wt.

ASTM D 5661806. Drop Point,oC, min.

ASTM D 4048passes 5. Copper corrosion @ 100oC, 24 hrs.

ASTM D 217+5 of 60 X

220 - 235

+30 of 60 X

4.Consistency,@ 25oC

Worked, 60 X

Worked, 1,00,000 X

NLGINLGI 3 3. Consistency, NLGI Grade

visual Light yellow 2. Colour

visualSmooth buttery & uniform1.Appearance

Test MethodTest results/Specifications Characteristics

WE CONFIRM HEREWITH THAT THE SUPPLIES ARE AS PER THE ABOVESPECIFICATIONS


ATTACHMENT - III (B)SPECIFICATIONS OF PACKAGING MATERIALS

CONT.......


SPECIFICATIONS FOR CARTONS - (A)

I CARTON SIZE & DIMENSIONS

S.No Carton size Length

(mm)

Width

(mm)

Height

(mm)

Length

(mm)

Width

(mm)

Nos Min. Wt

(gm)

Carton with

seperator

1 24 x 500 gm 488 370 225 478 360 1 71 643 714

2 12 X 1 Kg 405 275 295 395 265 1 42 492 534

3 6 X 2 Kg 475 320 195 465 310 1 58 519 577

4 4 X 3 Kg 395 395 195 385 385 1 60 589 649

II MATERIAL OF CONSTRUCTION

1 Top Liner Brown kraft of 180 gsm, free of spots and marks, made out of

Corrugated re-cycled / imported waste paper

2 Fluting Medium & Inner Liners Corrugated re-cycled grade kraft paper of 180 gsm.

3 No. of plies 3 ply

4 BF for top and inner liner Minimum - 22

5 Corrugated Board

a thickness 3.4 to 4.2 mm

b bursting strength Minimum - 9.7 Kgf/sq.cm

c moisture content Maximum - 8% of total weight of the carton

Cartons should not crack in dry condition

III COLOUR SCHEME

Printing shall be two colour Offset only. HP Engine Oils Logo is to be printed in two colours,

red (Pant. 185 C) and blue (Pant.Reflux blue)

IV FLUTE DETAILS

1 Type Narrow and B type with 154-174 flutes per metre.

2 Position Placed longitudinally

3 Height 2.5mm to 2.8 mm

V SEPERATOR DETAILS

1 Material 3 ply 120 gsm recycled kraft paper with BF of more than 12

2 Flute Type B type

3 Burst strength Minimum 3.3 Kgf/sqcm

VI GUM

Starch gum with dextrin base should be used. Sodum silicate gum should not be used.

VII STAPLES

Material Non-rusting galvinized MS flats of 3 mm width.

Placement Staples to be put in pairs (double line at not more than 50 mm apart (with distance

between two staples in a pair of about 10 mm). Staples project towards inside of

the box. Position of staples from the beginning of the joint should be within 25mm.

VIII STAPLING LAP

Stapling lap is the extra portion of the carton used for stapling.

Only one lap of minimum 30 mm width is permitted.

Lap should be equal in height to the carton and positioned internally.

Weight in gramsInternal Dimensions Seperator Details

WE CONFIRM THAT THE GREASES WILL BE PACKED IN CARTONS AS PER THE ABOVE SPECIFICATIONS



SPECIFICATIONS FOR CARTONS - (A) (CONT…….)

IX FLAPS

1 Cartons will have multiflaps, which when folded forms self locking. Drawing enclosed.

2 Flaps enclosed should flush with each other without any visible gaps for smooth positioning.

3 Prefolding of the flaps should be undertakenat semidry condition and before stiching to avoid

cracking, and also to eliminatespring action of the flaps.

X BOX FABRICATION

1 Box should be fabricated in one piece only.

2 Dimension clearance is + 3 mm to -1 mm.

3 Surface of the cartons should be smooth.

4 Ribs / flaps should not be visible to enable smooth taping operation.

XI PRINTING

1 Printing shall conform to approved artwork and colours as per approved Pantone shades.

2 Vendor's logo and batch no. to be incorporated on the top inner flap.

3 Printing of sheets is required to be undertaken in two colour offset printing only.


SPECIFICATION OF CARTON - (B)



(mm)

Width

(mm)

Height

(mm)

Length

(mm)

Width

(mm)

Nos Min. Wt

(gm)

Carton with

seperat

or

1 4 X 5 Kg 440 440 228 430 430 1 74 926 1000

II MATERIAL OF CONSTRUCTION

1 Top Liner Brown craft of 180 gsm, free of spots and marks.

2 Fluting Medium & Inner Liners Corrugated virgin/recycle grade kraft paper of 120 gsm.

3 No. of plies 5 Ply for body and flaps

4 BF for top liner Minimum - 25

5 BF for inner liners Minimum - 22

6 Corrugated Board

a thickness 4.2 to 4.8 mm

b bursting strength Minimum - 11.5 Kgf/sq.cm

c moisture content Maximum - 8% of total weight of the carton


III COLOUR SCHEME



IV FLUTE DETAILS

1 Type Narrow and B type with 154-174 flutes per metre.

2 Position Placed longitudinally

3 Height 2.5mm to 2.8 mm

V SEPERATOR DETAILS

1 Material 3 ply 120 gsm recycled kraft paper with BF of more than 12

2 Flute Type B type

3 Burst strength Minimum 3.3 Kgf/sqcm

VI GUM


VII STAPLES





VIII STAPLING LAP




Weight in gramsInternal Dimensions Seperator Details



SPECIFICATION OF CARTON - (B) CONT………..

IX FLAPS

1 Cartons will have multiflaps, which when folded forms self locking. Drawing enclosed.




X BOX FABRICATION

1 Box should be fabricated in one piece only.




XI PRINTING



3 Printing of sheets is required to be undertaken in two colour offset printing only.


SPECIFICATIONS FOR CARTONS - C For 200 gm grease pouches



(mm)

Width

(mm)

Height

(mm)

Length

(mm)

Width

(mm)

Height

(mm)

outer

carton

inner

carton (4

Nos)

total

weight

1 60 X 200 gm 465 290 295 225 280 140 702 191 1466

II A MATERIAL OF CONSTRUCTION

1 Top Liner

2

3 No. of plies

4 BF for top liner

5 BF for inner liners

6 Corrugated Board

a thickness 4.2 to 4.8 mm 3.5 to 4.2 mm

b bursting strength Minimum - 11.5 Kgf/sq.cm. Minimum - 6.0 Kgf/sq.cm.

c moisture content Maximum - 8% of total weight Maximum - 8% of total weight


II B CARTON CONFIGURATION

1 Each outer carton will hold four inner cartons.

2 Each inner carton will hold 15 Nos of 200 gm pouches

III COLOUR SCHEME



IV FLUTE DETAILS

1 Inner Carton A type (104 -125 flutes/ metre)

2 Outer carton B type with 154-174 flutes per metre.

3 Position Placed longitudinally / vertically

4 Height 4.5 to 4.7 mm for A type; 2.4 to 2.7 mm for B type.

V GUM


VI STAPLES





VII STAPLING LAP




Minimum - 22 Minimum - 22

5 Ply 3 Ply

Minimum - 25 Minimum - 22

Brown kraft of 180 gsm, free of spots

and marks.

kraft paper of 120 gsm, made out of

recycled grade.

Fluting Medium & Inner Liners Corrugated virgin/recycle grade kraft

paper of 120 gsm.

Corrugated virgin/recycle grade kraft

paper of 120 gsm.

Internal Dimensions (Outer) Internal dimensions (Inner carton) Weight in grams

Outer Carton Inner carton



SPECIFICATIONS FOR CARTONS - C (CONT………)

VIII FLAPS

1 Cartons should have four flaps each at the top and the bottom.




IX BOX FABRICATION

1 Box should be fabricated in one piece only for outer carton and in two pieces for inner carton.

2 Inner cartons should be of ring and flap type (in two pieces) with top flap of 25 mm and bottom

flap with 50 mm.




X PRINTING



3 Printing of sheets is required to be undertaken in two colour offset printing.

ATTACHMENT III - CSPECIFICATION FOR CONTAINERS

WE CONFIRM THAT THE GREASES WILL BE PACKED INCONTAINERS AS PER THE ABOVE SPECIFICATIONS


Material of Construction

Master Batch

Shape

Capacity ½ KG 1 Kg 2 KG 3 KG 5 KG

Pail Weight in gms 36 (+2) 56 (+2) 112 (+3) 140 (+5) 200 (+5)

Lid Weight in gms 11(+1) 19 (+1) 24 (+2) 50 (+2) 85 (+3)

Handle Weight in gms NA NA 4 (+1) 7 (+1) 33 (+2)

Gross weight in gms 47 (+3) 75 (+3) 140 (+5) 197 (+7) 318 (+10)

Pail Hieght in mm 107.0 (± 2) 141± 2 157.0 (± 2) 183.0 (± 2) 220.0 (± 3)

Pail Height with lid in mm 108.0 (± 2) 142 ± 2 158.0 (± 2) 185.0 (± 2) 223.0 (± 3)

Volume brimful in Kg 0.775 1.3 2.4 3.8 6

Volume Usable in Kg 0.77 1.25 2.3 3.6 5.8

Top OD in mm 108.0 (± 2) 123 ± 2 158.0 (± 2) 189.0 (± 2) 207.0 (± 3)

Maximum OD (in mm) 112.0 (± 2) 130 ± 2 165.0 (± 2) 198.0 (± 2) 215.0 (± 3)

Bottom OD in mm 92.0 (± 2) 104 ± 2 134.0 (± 2) 156.0 (± 2) 184 (± 3)

Average Wall thickness in mm 0.85 1 1 1 1.2

Artwork size for pail (h x l) in mm 67 X 294 95 X 330 100 X 420 105 X 515 145 X 590

Printing

Sealing

Container Development

Quality Control

1 Visual appearance

2 Measurement of weight

3 Measurement of capacity/ dimensions

4 Drop Impact Test (to pass drop test from height of 1.2 metres as per IS:6312)

The specifications mentioned above are our general specifications. In case

containers to be supplied by you are different in dimensions and specs, kindly

mention the same in the technical bid. HPCL reserves the right to accept or reject

the tender in cas

Printing should be of good quality and to meet pantone colour shades as required by

us. Printing should be neat, clear, uniform and should not rub off.

Containers should made as per our specifications. All the cost on development of

moulds, trials etc., will be entirely on your account. You will have to develop the

screens for printing and sample containers at your cost. Presently we have 4 Nos

brands in

Approval of container samples will be obtained by you from Manager- Package

Development (Lubes), Hindustan Bhawan, 2nd

Floor, Ballard Estate, Mumbai

400008, before commencing the supplies. Approved samples shall be provided to

various locations along with

HPCL will carryout routine tests as mentioned below on the samples drawn from

each lot of the material supplied. If the containers are not found meeting our specs,

the entire lot shall be rejected.

FOUR to SIX colour screen printing on the pail with proper alignment of HP Logo as

per design provided by HPCL.

Lid should be without spouts and circumferential seal to be made for the entire lid.

Only Virgin Poly propylene Co polymer (PPCP) of RIL grade B030 MG or equivalent

grades, approved by HPCL

SPECIFICATIONS FOR PPCP PAILS (CONTAINERS) - A

Tapered

"Clariant" or equivalent Master Batch, as per prior approval by HPCL should be used

for different colours.



Material of Construction

Master Batch

Capacity (in litres) 18 Kg

Overflow Capacity (in litres) 22.5 to 23 lts

Pail Weight (in gms) Min 730(+50)

Lid with sprout - Weight in gms Min 200 (+30)

Metal handle (Chrome Plated Steel) Min 55 (+15)

Total weight of pail with lid and handle Min 985 (+95)

Maximum pail height with lid (in mm) Min 380 (+20)

Pail Top OD (in mm) Min 300 (+15)

Pail Bottom OD (in mm) Min 255 (+10)

Printable Area 810mm X 260mm

Min. Wall thickness (in mm) 1.4 (+0.3)

Drop Test

Stackability (Static load)

Closure Leakge test

Printing on pail

Sealing

Pull out Spout

Printing on Lid

QC Tests at receiving locations

Total No. of grades

SPECIFICATIONS FOR 18 Kg PPCP BUCKET - B

Pull out spout should be of good quality with tamper evident features.

Spout should be in-mould type and not seperately crimped.

Single colour printing of spout opening instructions with pictorial

representation as per specimen attached.

Approximately six to eight grades of different artwork / design to be

printed as per our requirement.

Containers filled to their maximum gross mass shall be stacked to a

height of 2 mtr for 2 days (48 hrs) at ambient temperature. The container

at the bottom of the stack shall not have leaked nor deformed to such an

extent that it would cause instability in the stacks.

Container filled with water to its nominal capacity and sealed is allowed to

stand on its closure at the lowest point for 1 hour. No leakge shall be

observed

Four to six colour screen printing with proper alignment of HP logo as per

our approved design.

Three way circumferential sealing for the entire lid along with pull out

spout. The lid should facilitate easy stacking and should be tamper proof.

Only Virgin Poly propylene Co polymer - Impact Grade (PPCP) of RIL

grade B030 MG or equivalent as approved by HPCL.

"Clariant" or equivalent Master Batch, as per prior approval by us should

be used for different colours.

Critical tests such as visual, dimensions, weight, drop test shall be

performed at our receiving locations on the samples drawn from for every

lot. For other parameters, vendor has to provide self certification for

having conformed to & passing all relevant tests. Random samples shall

be sent to approved laboratory for complete checking once in a quarter.

Fill the container with water to its maximum gross mass and properly seal

the lid. Filled container is subjected to drop test from a height of 1.0

metres at ambient temperature on the following a) vertical drop on the

bottom b) horizontal drop on the side. An untested container shall be

used for each drop. No cracking of the pail, lid or complete opening of

the lid shall be noticed.



Specifications for 3 side seal Laminate Pouch for Grease - C

1 Size (Capacity)

2 Dimensions (width X ht)

3 Film Thickness

4 Print area

5 Material of Construction

6 Tolerance

7 Spout & Cap

8 Printing & Colours

9 No. of colours

10 Quality

11 Shelf Life requirements

200 gm

90 mm X 220 mm

125 microns

70 mm X 180 mm

Six to eight colours on white base

Laminates should be of standard quality and pouches

made out of these laminates should not fail in

Leakage test, Drop test, Vibration test, Seal strength,

bursting strength, Dynamic compression test, etc.

Minimum six months shelf life & no leakges of oil

should occur as per ASTM D 3078-84. It will be

binding on the vendor to ensure that the quantities of

pouches being manufactured and supplied to HPCL

will stand for six months and no changes in the physio-

chemical characteristics should be observed.

12 microns thick pet polyester as outer layer and 110

microns thick LD/LLD /metallocene polyethelene as

contact layer with grease

Tolerance of + 2 mm will be allowed on the

dimensions of the pouch (width X height)

It will be reverse printed on 12 micron polyester.

Separate pouch to pouch printing is to be undertaken

as per standard design

Necessary artwork shall be provided by us in CD.

Positive / Negative as required for printing of cylinder

itching are required to be developed by the vendor.

The pouch will have HDPE spout of 8 mm dia at side

cut fitment position, with threaded cap for easy

opening & closing.

ATTACHMENT III- DSPECIFICATION OF DRUMS


SPECIFICATIONS FOR METAL DRUMS - OPEN TOP

Specification

MS barrels should conform to BIS 13997 - 1994 Grade "A" Type 2.

Materials

Construction

Nominal capacity

Dimensions

Description Unit Minimum Max Typical std

External height from chimb to chimb mm 872 878 875

Internal height mm 852 858 855

Diametre from rolling hoop mm 596 600 598

Internal diameter mm 570 574 572

Dist. Between two hoops mm 279 + / - 0.5 mm

Weight Kg 21.8 22.2 22

Colours Colour as specified by HPCL.

Lid

Locking Ring

CONT………

Drums shall be made from the Cold rolled low carbon steels sheets meeting BIS specs IS - 513- 1994 (fourth revision)

Grade "O" quality. The nominal thickness of steel sheets for body and ends of the drums shall be 1.25 mm

The sheets shall be blanked and formed to the shape. Body shall be continuously resistance welded so as to provide air

tight joints. The bottom end shall be either double seemed OR sprial / tripple seamed to the body using sealing

compound. Sealing compound forming the core shall be resistant to grease.

Drums shall be provided with two rolling beads or hoops, expanded or rolled in the drum body and 279 mm apart.

The lid shall be secured to the drum body by a locking ring and clamp with the help of M10 X 100mm long bolt & nut. The

locking ring shall be fabricated from 1.25 mm thick cold rolled low carbon steel sheet conforming to IS:513-1994.

The top lid shall be recessed pressed, suitably formed to fit the curled contour of the body and receive a sealing gasket of

suitable cross section. The top lid of the drums shall be without any closures.

Rolling Hoops

Minimum gross capacity of the barrel when measured with water at ambient temperature shall be 210 ltr with lid fitted on

to the barrel.

WE CONFIRM THAT THE GREASES WILL BE PACKED IN DRUM ASPER THE ABOVE SPECIFICATIONS


SPECIFICATIONS FOR METAL DRUMS - OPEN TOP (CONT………..)

Appearance

Free from internal / external contamination such as dirt, millscale corrosion

Free from excessive solder or seaming compound

Free from surface defects such as cracks, holes, buckling, dents & sharp edges

Free from end and side (welding) seam defects

Free from bung / bung thread damage.

Paint / Printing

Specification of paint film thick ness is as under:

Dry film thickness (DFT) in microns Body 20-25

Bottom 20-25

Top 20-25

QC / Inspection

Drums should be packed in a manner sufficient to protect from scratches on paints, dents, rainwater and should meet

high level of cleaniliness standards.

Manufacturer shall certify that each delivery has been inspected before shipment & it meets all criteria. Quality certificate

should accompany each consignment.

Barrels must be cleaned before painting by giving de-greasing treatment. Once thoroughly cleaned, barrels shall be

painted as per our approved colour scheme. Paint used shall be of Berger / Asian make or as approved by us. Primer

(red oxide) shall be applied before applying the final colour coat.

The side and bottom joints shall be water tight, and there should be no leakages.

Screen printing of 4 Nos equidistant HP logos shall be done on the body. The address and other text matter shall also be

screen printed, which should be clear and without any smudging.

Paint applied on the drum should be scratch proof and it must pass scratch hardness test i.e., 1000 gms for 15 minutes.

All paint and screen printing inks must be resistant to lubricants and sunlight.

Bottom of the drums shall be marked with the name or trade mark of the manufacturer by embossing on the head with

raised marking and ISI certification mark (cost of requisite dyes for marking shall be borne by the mfgr).

Manufacturer shall check the paint thickness at his premises and ensure the DFT is met before dispatch. If the paint

thicness does not meet our requirements as stated above, the drums shall be rejected.

ATTACHMENT - E

WE CONFIRM THAT THE GREASES WILL BE PACKED AS PER THEABOVE SPECIFICATIONS


SPECIFICATIONS FOR BOPP TAPE

BOPP tape shall be transparent with HP logo printed on it and as per the following

specifications.

S NO. Description Specification

1 Film

a. Thickness 30 microns (+/- 0.5%)

b. weight (gsm) 25 microns (+/- 0.5%)

c. Tensile strength 3.29 Kg/sqcm

d. Elongation 121%

2 Adhesive (Water based acrylic polymer)

a. coating thickness 25 microns (+/- 0.5%)

b. weight (to steel) 246.60 gm/ sqcm

3 Total (Film + adhesive)

a. thickness 55 microns (+/-1%)

b. Total weight 50 gms/sqm(+/-1%)

4 Core

a. Weight 30 gms (+/- 0.5%)

b. Inside diameter 76 mm

5 Roll

a. Width 75 mm

b. Length 65 / 650 mtrs

c. Weight 210 / 1800 gms (+/- 0.5%)

Artwork

The new "HP Engine Oil" logo along with "Your Engine's Engineer" in three

languages and two colours shall be incorporated in consultation with Manager-

Package Development, HB_2

ATTACHMENT - IV

HINDUSTAN PETROLEUM CORPORATION LTD

UNPRICED BID(Page 1/2)


Subject : Manufacturing and Supply of AP-3 Grease in

various sizes of packs to various Terminals.

TERMINAL OFFERED :

ALL PACKSCHENNAI TERMINAL4

ALL PACKSB-BUDGE TERMINAL3

ALL PACKSKHONI BHIWANDI COLD2

ALL PACKSSHAKURBASTI TERMINAL1

@@Pack sizeTerminal & Grade Sr.No

@@ Please tick only in the cells where ever you wish to participatein this tender. Also please note that your offer is for the total quantity indicated and for full quantity .



UNPRICED BID(Page 2/2)



various sizes of packs to various locations

Lead time to supply the material to HPCL Location

From the date of placement of the callup :

Confirm acceptance to HPCL :

Terms and Condition

Validity of offer-120 days from the due date of

The tender :

Have you Attached-Formulation Sheet

Confirm Acceptance of HPCL

Specifications sheets of Grease

Acceptance of HPCL Specification

for packaging materials

Have you enclosed the documents

For qualification against the tender

Confirm that all the manufacturing and packaging

will be done at Tenderer’s plant

Confirm that you have sufficient manufacturing

Capacity available for execution of the HPCL

Purchase Order (in case the Purchase Order is

Placed on you by HPCL)

Details of EMD Enclosed :

Address,Telephone & Fax


ATTACHMENT - V

TENDERER’S DETAILS

Name of the Bankers

(Furnish Banker’s Cert.)

Whether Banker’s

Certificate enclosed Yes / No

Latest Income Tax

Clearance Cert. No. & Date (Furnish Copy of ITC Cert.)

Whether ITC Cert.

Enclosed Yes / No

State Sales Tax

Regn. No.

Central Sales Tax Regn.

No.

Excise Registration No.

Year of Establishment /

Registration & Date

Registration No.

1. Under Companies Act -

2. Small Scale Industries -

3. DGTD -

Year of Commencement of

production of item quoted for

Name of Proprietors / Partners

Directors,Address of the Proprietors / Partners / Directors

Address of the Registered

Office

Address of the Branch / OffIce

quoting against tender

Address of Factory Ex-which

Supplies will be made against

tender

Whether Sole Proprietor /

Partnership /

Private Limited or Public

Limited Co.

Name of the Tenderer

Page 1 of 4


Capital Investment (Rs.)

Annual Turnover for the last three Years (Rs. - Lakhs)

Last Year 2nd last Year 3rd last Year

Whether Tenderer had any IR Problems during last 3 years -

Yes / No

If yes, give particulars with duration of period

Number of Persons employeed :

Office -

Works -

Power availability in H. P. :

Range of Products manufactured :

Name of Products

Production Capacity (Qty. In nos.) Per Shift Per Month

Per Year

Name of Items quoted against

tender

Production Capacity (Qty. In nos.) Per Shift Per Month

Per Year

Quantity offered against this tender :

Whether item quoted is completely manufactured in tenderer’s

factory : Yes / No

Components (Give details in separate sheet if necessary)

Page 2 of 4


Details of Machinery Available for manufacturing of item quoted :

MAJOR MACHINERY(Manufacturing Facilities)

Details of Machines

No. of Machines

Name of Item manufactured on machine Semi-Automatic/Fully

Automatic

ALLIED MACHINERY

Details of Filling/Packing Machines

No. of MachinesName of Item manu-

factured on manchineCapacity

Page 3 of 4


LABORATORY / QUALITY CONTROL FACILITIES

Names of Testing Equipments Available

Whether Q. C. Tests are conducted

Whether Test Reports are maintained (at

least for 1 year)

Whether qualified Personnel employed

for carrying out Q.C.checks

Quantity

ordered

YearName of

Company

List of Large

Companies /

Public Sector

Undertakings /

Oil Companies

to which item(s)

quoted for, have

been supplied

earlier. Give

details as under

:

Whether

Tenderer is

possessing ISO

9000 Certificate.

If so, give

details

Quantity

suppliedValue of the order (Rs.)

We____________________ confirm that all the information provided is

correct.


ATTACHMENT - VI

DECLARATION-I




I/We _________________________ hereby declare/clarify that we have not

been banned or delisted by any Government or quasi Government

Agencies or Public Sector Undertakings

Note : If a bidder has been banned by any Government or Quasi

Government Agencies or PSUs, this fact must be clearly stated with

details. If this declaration is not given alsong with the UNPRICED Bid,the

tender will be rejected as non-responsive.


ATTACHMENT - VII

DECLARATION-II




Tenderer should give declaration as per clause no. 27 - Declaration

by the tenderer of Tender Terms & Conditions

(The following should be typed on the letter head of the tenderer and

should duly signed with rubber stamp)

Intellectual Property Rights:

We hereby undertake to abide by the following:

1. We will not divulge or supply HPCL’s packaging material (Labels,

artworks, containers, cartons, moulds, etc. Or any other property

of HPCL) to any other vendor/ party.

2. All the rejected material, if any, shall be totally destroyed by us and

shall not be re-used or sold outside.

3. We will use HPCL’s property (moulds/ artworks) with utmost care

and use them for supplies to be made for HPCL only.

4. We will return all the moulds/ designs and other HPCL property

back to HPCL, once purchase order placed on us are completed.

In case we are found indulging in such activities (transfer of intellectual

property), HPCL is at their liberty to impose any penal action on us as

deemed suitable.

Place:

Date :


ATTACHMENT - VIII

DECLARATION-III




(The following should be typed on the letter head of the tenderer and

should duly signed with rubber stamp)

I / We do hereby declare that the entire information given in this

application form and the enclosed attachment are true to the best of my

/ our knowledge.

If any of the information given herein, is found to be incorrect/ false, I

undertake to permit HPCL to procure the balance quantity of the

Purchase Order(s) from any alternate source and the differential amount

will be recovered from my pending bills. I will also abide by any penal

action which will be decided by HPCL.

Date:

Place:


ATTACHMENT - IX

DECLARATION-IV




I/ We hereby confirm the following:

Details of such purchase orders

received without considering Price

Preference

Being the company registered with

NSIC confirm herewith that we have

received business for the subject

material in competition with the large

scale units during the preceding 12

months without consideration of Price

Preference.

NOYES

Date:

Place:


ATTACHMENT - X

DECLARATION-V




We _______________________________________ hereby confirm the quantity

offered by us against this tender as declared by us in the UNPRICE BID.

We also confirm that we have sufficient capacity to produce and supply

the quantity offered by us stipulated in the UNPRICED BID .The quantity

indicated by us in the UNPRICED BID is independent of our existing

business and other business for which we have offered.

Date:

Place:

_______________________

Signature / Seal of Tenderer


ATTACHMENT - XIFORMAT FOR BANK GUARANTEE

DRAFT

BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)To :

M/s. Hindustan Petroleum Corporation Limited

Hindustan Bhawan,

Second Floor,Direct Sales Department

No. 8, S.V. Marg

Ballard Estate

Mumbai 400 001

IN CONSIDERATION OF M/S. HINDUSTAN PETROLEUM CORPORATION

LIMITED, a Government of India Company, registered under the

Companies Act 1956, having its registered Office at 17, Jamshedji Tata

Road, Mumbai 400 020, (herein called ‘The Corporation’ which

expression shall include its Successor in Business and Assigns) having

issued Tender / Sole M/s ________________________________ a

partnership firm/sole proprietor Business / Company registered under

the Companies Act 1956 having its Office at

___________________________________________________________a (herein

after called the “The tenderer” which expression shall include its

Executors, Administrators and Assigns) vide Tender No :

_______________________ dated ______________________ (herein after called

‘The Tender’ which expression shall include any amendments /

alterations to the Tender by the Corporation) for the supply of goods to /

execution of services for the Corporation and The Corporation having

agreed not to insist upon immediate payment of Earnest Money for the

fulfillment and performance of the said Tender in terms thereof on

production of an acceptable Bank Guarantee for an amount of Rs.

_______________ (Rupees ________________________________________ only) ,

we ________________________________ Bank having office at

________________________________ (herein referred to as ‘The Bank’ which

expression shall include its Successor in Business 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


fulfillment or for any breach on the part of the Tenderer of any of the

Terms and Conditions of the said tender .

We, ________________________ Bank further agree that the Corporation

shall be the 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 Tender and the extent of Loss Damage,

costs, charges and expenses suffered or incurred or would be suffered or

would be incurred by the Corporation on account thereof and we waive in

favour of the Corporation all the Rights and Defenses to which we as

Guarantors and / or the Tenderer may be entitled to.

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 the amount demanded and The

Bank undertake to pay the Corporation the amount so demanded on the

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

thereof, Our liability under this guarantee being absolute and

unconditional.

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 variations or extension being granted to the Tenderer

or for any forbearance act or omission on the part of the Corporation or

any indulgence by the Corporation to the Tenderer or by any such matter

or things whatsoever which under the law relating to sureties would but

for this provision having the effect of relieving us.

This Guarantee / Undertakings shall not be determined or affected by

the liquidation or winding up, dissolution or change of construction or

insolvency of the supplier / contractor but shall in all respects and for all

purpose be binding and operative until payment of all moneys payable to

the Corporation in terms hereof.

NOT WITHSTANDING anything herein before 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 (6) months from

the date of opening of the said tender unless a demand or claim under


this guarantee is made on us in writing within the 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 thereafter .

We, _______________________ Bank further undertake not to revoke this

guarantee during its currency except with the previous consent of the

Corporation in writing .

We, _______________________ Bank last agree that the Bank’s liability

under this guarantee shall not be effected by any change in the

Constitution of the Tenderer.

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 ____________ 19 For ________________________ Bank by

its constituted Attorney

(Signature of the person authorized

to sign on behalf of the Bank)


ATTACHMENT - XII


PRICED BID- A




SHAKURBASTI TERMINAL

PACK SIZE -200 GM POUCH

PACK SIZE - 500 GM PPCP

Note :

1) The Grease Rate indicated is inclusive of Grease Raw Material

Cost,manufacturing cost,packaging cost,packing charges etc.

2) Apart from escalation for Base oil(as per the clause provided in terms

and conditions),no escalation for any other item will be provided.

3) The Taxes and duties indicated above the complete applicable for the

supplies(as on the due date of the tender).


Total Delivered Cost(C+D+E+F)

Octroi,F(At Actuals against Proof)

Transportation Cost,ESales Tax,DSelling Rate,C=A+B

On Selling Price of HPCLExcise Duty,BGrease Rate-A

RATE(Rs/MT)%AGEPARAMETER







PRICED BID - B




PACK SIZE -1 KG PPCP

PACK SIZE- 2 KG PPCP

Note :








Total DeliveredCost(C+D+E+F)


Transportation Cost,ESales Tax/VAT,DSelling Rate,C=A+B





Transportation Cost,E

Sales Tax/VAT,D

Selling Rate,C=A+BOn Selling Price of HPCLExcise Duty,B

Grease Rate-ARATE(Rs/MT)%AGEPARAMETER


PRICED BID- C




PACK SIZE - 3 KG PPCP


Note :










Transportation Cost,ESales Tax,D




Octroi,F(At actuals against proof)


Sales Tax/VAT,DSelling Rate,C=A+B




PRICED BID - D





PACK SIZE - 182 KG DRUM

NOTE :











Sales Tax,DSelling Rate,C=A+B






On HPCL Selling PriceExcise Duty,B



PRICED BID- E




KHONI BHIWANDI COLD - MUMBAI



Note :



















PRICED BID - F






Note :
















Sales Tax/VAT,D




PRICED BID- G






Note :




















PRICED BID - H






NOTE :




















PRICED BID- I




B-BUDGE TERMINAL



Note :




















PRICED BID - J






Note :
















Sales Tax/VAT,D




PRICED BID- K






Note :




















PRICED BID - L






NOTE :




















PRICED BID- M




CHENNAI TERMINAL



Note :



















PRICED BID - N






Note :
















Sales Tax/VAT,D




PRICED BID- O






Note :




















PRICED BID - P






NOTE :



















ATTACHMENT - XIIIAGREEMENT

No. Dated

To,HINDUSTAN PETROLEUM CORPORATION LIMITED

Sub : Purchase of Bidding Documents

Ref. Tender no. 7000152-HD-14001

HPCL and the Bidder agree that the Notice Inviting Tender (NIT) is an offer madeon the condition that the bidder will sign the Integrity Pact and the Bid would bekept open in its original form without variation or modification for a period of(state the number of days from the last date for the receipt of tenders stated inthe NIT) ………. days and the making of the bid shall be regarded as anunconditional and absolute acceptance of this condition of the NIT.

We confirm acceptance and compliance with the Integrity Pact in letter and spirit.Wefurther agree that the contract consisting of the above conditions of NIT as theoffer nd the submission of Bid as the Acceptance shall be separate and distinctfrom the contract which will come into existence when bid is finally accepted byHPCL.

The consideration for this separate initial contract preceding the main contract isthat HPCL is not agreeable to sell the NIT to the Bidder and to consider the bid tobe made except on the condition that the bid shall be kept open for ……… daysafter the last date fixed for the receipt of the bids and the Bidder desires to makea bid on this condition and after entering into this separate initial contract withHPCL.

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

If Bidder fails to honour the above terms and conditions , HPCLshall haveunqualified,absolute and unfettered right to encash / forfeit the bid security submitted in thisbehalf.

Yours faithfully, Yours faithfully

(BIDDER) (PURCHASER)(One copy of this agreement duly signed must be returned alongwith offer).


INTEGRITY PACT

Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as “ThePrincipal”,

and

………………………………………………………. hereinafter referred to as “TheBidder/Contractor”

Preamble

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

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

Section 1 – Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to preventcorruption and to observe the following principles:

1. No employee of the Principal, personally or through family members, will inconnection with the tender for, or the execution of a contract, demand, take apromise for or accept, for him/herself or third person, any material or immaterialbenefit which he/she is not legally entitled to.2. The principal will, during the tender process treat all Bidders with equity andreason. The Principal will in particular, before and during the tender process,provide to all Bidders the same information and will not provide to any Bidderconfidential / additional information through which the Bidder could obtain anadvantage in relation to the tender process or the contract execution.

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

(2) If the Principal obtains information on the conduct of any of its employeeswhich is a criminal offence under the relevant Anti-Corruption Laws of India, or ifthere be a substantive suspicion in this regard, the Principal will inform itsVigilance 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 toprevent corruption. He commits himself to observe the following principles duringhis participation in the tender process and during the contract execution.

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 tenderprocess or the execution of the contract or to any third person any material orimmaterial benefit which he/she is not legally entitled to, in order to obtain inexchange any advantage of any kind whatsoever during the tender process orduring the execution of the contract.2. The Bidder / Contractor will not enter with other Bidders into any undisclosedagreement or understanding, whether formal or informal. This applies inparticular to prices, specifications, certifications, subsidiary contracts, submissionor non-submission of bids or any other actions to restrict competitiveness or tointroduce cartelisation in the bidding process.3. The Bidder / Contractor will not commit any offence under the relevantAnti-corruption Laws of India; further the Bidder / Contractor will not useimproperly, for purposes of competition or personal gain, or pass on to others,any information or document provided by the Principal as part of the businessrelationship, regarding plans, technical proposals and business details, includinginformation contained or transmitted electronically.4. The Bidder / Contractor will, when presenting his bid, disclose any and allpayment he has made, is committed to or intends to make to agents, brokers orany other intermediaries in connection with the award of the contract.

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

Section 3-Disqualification from tender process and exclusion from futurecontracts

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

(1) If the Bidder/Contractor has committed a transgression through a violation ofSection 2 such as to put his reliability or credibility into question, the Principal isentitled also to exclude the Bidder / Contractor from future contract awardprocesses. The imposition and duration of the exclusion will be determined bythe severity of the transgression. The severity will be determined by thecircumstances of the case, in particular the number of transgressions, theposition of the transgressors within the company hierarchy of the Bidder and theamount of the damage. The exclusion will be imposed for a minimum of 6months and maximum of 3 years. (2) A transgression is considered to have occurred if the Principal after dueconsideration of the available evidence, concludes that no reasonables doubt ispossible.


(3) The Bidder accepts and undertakes to respect and uphold the Principal’sabsolute right to resort to and impose such exclusion and further accepts andundertakes not to challenge or question such exclusion on any ground, includingthe 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 thedamage caused by him and has installed a suitable corruption preventionsystem, 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 theaward according to Section 3, the Principal is entitled to demand and recoverfrom the Bidder liquidated damages equivalent to Earnest Money Deposit/BidSecurity.

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

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

Section 5 – Previous Transgression

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

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

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

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

(2) The Principal will enter into agreements with identical conditions as this onewith all Bidders, Contractors and Subcontractors.


(3) The Principal will disqualify from the tender process all bidders who do notsign this Pact or violate its provisions.

Section 7 – Criminal charges against violatingBidders/Contractors/Subcontractors

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

Section 8 – External Independent Monitor / Monitors (three in numberdepending on the size of the contract) (to be decided by the Chairperson of

the Principal)

(1) The Principal appoints competent and credible external independent Monitorfor 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 thisagreement.

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

(3) The Contractors accepts that the Monitor has the right to access withoutrestriction to all Project documentation of the Principal including that providedby the Contractor. The Contractor will also grant the Monitor, upon his requestand demonstration of a valid interest, unrestricted and unconditional access tothis project documentation. The same is applicable to Subcontractors. TheMonitor is under contractual obligation to treat the information and documents ofthe Bidder / Contractor / Subcontractor with confidentiality.

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

(5) As soon as the Monitor notices, or believes to notice, a violation of thisagreement, he will so inform the Management of the Principal and request theManagement 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 specificmanner, refrain from action or tolerate action. However, the IndependentExternal Monitor shall give an opportunity to the bidder / contractor to present itscase before making its recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of thePrincipal 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 correctingproblematic situations.

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

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

(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 theContractor 12 months after the last payment under the respective contract, andfor all other Bidders 6 months after the contract has been awarded. If any claimis made / lodged during this time, the same shall be binding and continueto be valid despite the lapse of this pact as specified above, unless it isdischarged / determined by Chairperson of the Principal.

Section 10 – Other provisions

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

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

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

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

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

Place……………………………. Witness 1: ……………………

Date……………………………… Witness 2: …………………..
