TENDER FOR BOTTLING ASSISTANCE FOR LPG CYLINDERS IN UTTARANCHAL STATE

TENDER NO. : LPG/NZ/HSJ/216

CREDENTIAL BID
DUE DATE & TIME : 29/05/2009 AT 3:00 P.M.
HINDUSTAN PETROLEUM CORPORATION LTD. OFFICE OF THE LPG SBU HEAD - NORTH ZONE 8TH FLOOR, NORTH TOWER, SCOPE MINAR LAXMI NAGAR, DELHI - 110 092

Date : 21.04.2009 M/s. _____________________

__________________________ __________________________ __________________________ Dear Sirs, Sub: Tender No. LPG/NZ/HSJ / 216 Due on 29-05-2009 by 1500 Hrs For seeking Bottling Assistance For LPG Cylinders in Uttaranchal State 1. This tender is issued as Two Part Bids for LPG Cylinders Bottling Assistance to HPCL in Uttaranchal State, between the towns of Roorkee and Dehradun OR Roorkee and Haridwar close to the Highway, as per the Terms and Conditions specified in this tender document. The offered site should have proper approach from the Highway for smooth movement of Heavy Vehicles carrying LPG cylinders. 2. Any private bottler having suitable operating LPG Bottling Plant having all the statutory approvals as given in the tender documents or owning suitable land and willing to construct the Bottling Plant as per prevailing rules and regulations of CCOE and other statutory bodies and guidelines of OISD-169 standard in Uttaranchal State, for bottling and despatching LPG Cylinders upto 9000 MTPA as specified in the tender documents as on the due date of this tender can bid for this tender. 3. This tender is not transferable. 4. This tender has two parts. PART - I PART - II : TECHNICAL BID : PRICE BID.

PART - I : TECHNICAL BID :

(a) (b) (c ) (d) (f) (g) (h) (i) (j)

Instructions to Tenderer Special Terms & Conditions Particulars of Tenderers, Infrastructure details & Plant layout

- Annexure - I - Annexure - II - Annexure-III - Annexure -IV

Statutory Approvals/Licenses/Minimum Eqpt. Reqmt - Annexure - V Declaration Forms Proforma for Agreement for Bottling Assistance Bank Guarantee Format for Security Integrity Pact Agreement - Annexure - VI - Annexure -VII - Annexure - VIII - Annexure - IX A & B

PART- II : PRICE BID :

(a) Price Format
5.

One set of Part- I and Part -II with self addressed Envelopes is enclosed. The price bid should be submitted, duly sealed in the envelope marked PRICE BID as provided by us. Similarly the Technical bid should be submitted, duly sealed, in the envelope marked TECHNICAL BID. EMD should be enclosed along with the Technical Bid. Offers without EMD will summarily be rejected. Both the covers shall be placed inside the Self-addressed envelope and should be forwarded to Hindustan petroleum Corporation Ltd., Senior Manager LPG ( E & P) North Zone, 8th Floor, North Tower, SCOPE Minar, Vikas Marg , Laxmi Nagar, Delhi- 110092.

6. The tenderer should ensure that all the Annexures with all the pages are received by them and any claim for non receipt of any of the documents due to postal delay or otherwise will not be entertained. 7. The Price Bids of only those parties who have qualified in the Technical Bid evaluation shall be opened. 8. Offer should be submitted only in the document provided by the Corporation and submitted on or before due date and time as specified in

the tender notice. Offers received in un-sealed envelopes shall be rejected. Technical Bids will be opened on the due date & time in the office of the undersigned in the presence of tenderers who wish to attend the opening. Tenders received after the due date and time for any reason whatsoever shall not be considered. Thanking you, Yours faithfully,

For HINDUSTAN PETROLEUM CORPORATION LTD.

Encl: As above.

ANNEXURE - I INSTRUCTIONS TO TENDERERS

1)

Any private bottler having suitable LPG Bottling Plant situated in Uttaranchal State between the towns of Roorkee and Dehradun OR Roorkee and Haridwar for bottling and dispatching LPG Cylinders up to 9000 MTPA and having valid Statutory approvals as specified in the tender documents as on the due date of this tender can bid for this tender. OR

The tenderer having suitable land situated in Uttaranchal State between the towns of Roorkee and Dehradun OR Roorkee and Haridwar and willing to construct LPG Bottling Plant at his own cost within 120 days time from the receipt of Letter Of Intent as per the prevailing rules and regulations of CCOE and other statutory bodies and guidelines of OISD-169 standard and operate the Bottling Plant as per the tender terms and conditions can submit their offer against this tender with the compliance of the following: Suitable land must be in the name of tenderer and the tenderer has to submit the copy of the clear title deed of the land along with the Credential Bid. The tenderer must submit the proof of financial capability to construct the plant within 120 days time as mentioned above . 2) Tenderers are requested to carefully study all the documents / annexure and understand the TERMS & CONDITIONS before quoting their rates. In case of doubt, written clarifications should be obtained, but this shall not be a justification for late submission of the bid or request for extension of due date. Offers should strictly be in accordance with the tender terms & conditions and our specifications. Note: i) For tenderer having the plants already in operation and quoting for the said job, their facilities shall be reviewed by HPCL, inline with the requirements, as listed in the tender document. The plant shall be exclusively attached to HPCL for the duration of the agreement, and the tenderer shall not offer the facility to other/ for self during this period. No financial assistance shall be provided by HPCL during the construction of the plant or the operation of the plant. HPCL will pay only the bottling charges as per tender terms. No assistance shall be provided by HPCL for obtaining the approval during the construction of the plant or the operation of the plant. Tenderers will have to obtain the approvals on their own.

ii)

iii)

iv)

v)

It may be noted that HPCL reserves the right to select one or two locations or none, the decision of HPCL will be final in this regard.

3) All the enclosed Tender documents along with the covering letter will form part of the tender. 4)Tenderers shall return the completed Tender Set duly signed and stamped at the end of each page in token of having read, understood and accepted the conditions. 5) All entries in the documents shall be written in permanent ink or typewritten and there shall be no erasures or over writing. Corrections, if any, should be attested under the full signature/s of the Tenderer. 6) When person signing the documents is not the sole proprietor or Partner ,or Director of the Tenderer, a registered Power of Attorney authorising such person to act and sign on behalf of the tenderer shall be enclosed with the specific mention for the subject tender. 7) Shall be understood that every endeavor has been made to avoid errors which can materially affect the basis of the tender and the successful Tenderer shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof. 8) Tenderers shall submit their offers without any deviations or counter conditions. Offers received with deviations/ counter conditions are liable to be rejected and no further correspondences on this issue by the tenderer will be entertained. Tenderers signature on the documents is considered as total acceptance of the terms & conditions and hence acceptance need not be mentioned on each paper of the offer. 9) EARNEST MONEY DEPOSIT (EMD) : (a)The tenderers shall submit an Earnest Money Deposit of Rs 1.00 Lakh (Rupees One Lakh only) by crossed account payee Demand Draft drawn on any Nationalised / Scheduled bank in favour of HINDUSTAN PETROLEUM CORPORATION LIMITED payable at New Delhi. EMD should be submitted along with the Technical Bid and bids received without EMD shall be rejected without any intimation . (b) Cheques, Cash, Money Orders, Fixed Deposit Receipts, Bank guarantees etc. towards EMD are not acceptable. Similarly, request for adjustment against any previously deposited EMD/Pending Dues / Bills / Security Deposits of other contracts etc. will not be accepted towards EMD.

(c)

Exemption from EMD:

Units registered with National Small Industries Corporation (NSIC) are exempted from payment of EMD, subject to: The unit being registered with NSIC for the item tendered. Registration certificate being valid as on date of quotation. Technical Bid is accompanied by a photocopy of valid NSIC Registration Certificate/Review certificate duly attested by a gazetted officer/ notarised. Photocopy of application for registration as NSIC or for renewal of NSIC will not be acceptable. Such offers will be treated as offers received without EMD. (d) (e) Registration with DGS&D will not entitle the Tenderer to claim exemption from payment of EMD. The EMD is liable to forfeiture, in the event of: (i) Withdrawal of offers during the validity period of the offer. This is applicable even in case the party withdraws his offer before opening of the price bids. (ii) Non-acceptance of Orders, if and when placed. (iii) Non-confirmation of acceptance of Orders, within the stipulated time after placement of orders. (iv) Any unilateral revision in the offer made by the tenderer during the validity of the offer. (v) Non-execution of agreement after acceptance of the order for any reason, whatsoever. Non payment of Security Deposit, against LOIs/Purchase Orders within the stipulated period of 15 days from the date of LOIs / the Purchase Orders whichever is earlier.
(vi)

(f) EMD will be refunded to all the unsuccessful tenderers only after finalisation of the Tender. For successful tenderers, refund will be made only on payment of Security deposit against Purchase Order, as placed. EMD shall not bear any interest and shall be refunded by Cheque. While claiming refund, the original Cash Receipt issued by HPCL must be surrendered. 10) (i) In the case of readily available plant, the tender is for a period of Two Years from the date of finalisation of the tender, and may be extended for a

period of one more year at the same terms and conditions, at the sole discretion of the Corporation. 10) (ii) In the case of proposed construction of bottling plant, the tender is for a period of two years from the date of completion of construction/date of commissioning and may be extended for a period of one more year at the sole discretion of the Corporation. No escalation shall be permissible including the extension period of one year in both for 10(i) and 10(ii). 11) The rates quoted shall not have any quantity restrictions. Offers received with deviations / subjective or counter conditions/ quantity restrictions are liable to be rejected and no further correspondence / enquiries on this issue by the tenderer shall be entertained. 12) ACCEPTANCE OF THE OFFER BY THE CORPORATION : Incomplete or conditional submissions, and those with deviations/ subjective or counter conditions/ quantity restrictions or those not accompanied by the requisite documents shall be liable to be rejected and no further correspondence / enquiries on this issue by the tenderer shall be entertained. Any terms and conditions attached/printed overleaf of the Tenderer's offer will not be binding on the Corporation. The Corporation is not bound to accept the lowest offer and reserves the right to reject any and / or every tender without assigning any reason whatsoever and/or place order on one or more tenderers and/or carry out negotiations with any tenderer in the manner considered appropriate by the Corporation. Corporation also reserves right to reject any Un-workable offer. Tenderers may have to attend the concerned office of the Corporation for negotiations/ clarifications if required at their own cost, in respect of their quotations without any commitment from the Corporation. 13) Your offer shall contain the following :

TECHNICAL BID :
a) Annexure I to Annexure - IX of the tender documents duly filled in, signed & stamped. b) Copy of valid Statutory Approvals viz., CCOE, Factories inspector & Pollution Control Board in case of ready built plant and for the tenderer offering the land and willing to construct the plant, required to submit the clearance from

(i) Electricity Board for the electric power (ii) Gram Panchayat (iii) Country and Town Planning Dept. (iv) Basic approval from CCOE and thereafter submit all Statutory approvals at the time of commencing the plant. c) Copy of Income Tax Clearance certificate for the last three years i.e. 20052006, 2006-2007 and 2007-2008 as well as the Audited Balance sheet and Statement of P & L A/c. for the same years. Certified copy of Partnership Deed/ Memorandum & Articles of Association & Certificate of registration with the Registrar of Companies / Firms. e) Certified copies of Registration certificate under NSIC, SSI, DGTD, Central Excise and Central & State Sales Tax. f) Organogram. g) Bankers Certificate indicating tenderer`s credit worthiness. h) EMD in the form of Demand Draft or Certificate for exemption (if applicable) to be enclosed. Items indicated in a to h above shall form the TECHNICAL BID and inserted in the envelope marked Technical Bid. The tenderer should sign and stamp each and every page of the tender documents as well as supporting documents submitted with the offer. The supporting documents should be serially numbered and total number of pages submitted, should be indicated in the covering letter.

PRICE BID :
The Price Bid shall be put in the separate envelope provided by us marked PRICE BID. The covers should be sealed and the name of the tenderer should be clearly indicated on the cover of Price Bid. The Price Bid shall be in line with the terms and conditions of the tender. Price bid with counter conditions will be liable to be rejected.
14.

Both the envelopes separately containing sealed Technical Bid and Price Bid shall be placed in the self addressed envelope and submitted at the following address: Hindustan petroleum Corporation Ltd., Senior Manager LPG ( E & P) North Zone, 8th Floor, North Tower, SCOPE Minar,

Vikas Marg , Laxmi Nagar, Delhi- 110092. Bids submitted after the due date and time and those not in the format or not in conformity with the prescribed terms and conditions or specifications shall be summarily rejected and no further correspondence / enquiries shall be entertained on the issue. No responsibility shall be taken by the Corporation for documents received late due to postal delay and no claims on this account shall be entertained. 15) Tender documents shall be submitted in sealed envelopes, boldly super scribed on the outer cover, the Tender number, item, closing date/time and sent by Registered Post / Courier so as to reach the concerned authority or dropped in the tender box as mentioned in the tender forms, before the closing due date and time. 16) The prices shall be firm for a period of 180 days from the date of opening of the tender. Extension if any required will be done on the basis of mutual understanding in writing. In case of successful tenderers the finalised rate shall remain valid till conclusion of the contract in all respects. 17) Courts in the city of New Delhi alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this tender either before or after or during the finalisation of the tender.

GENERAL: No unsolicited correspondence will be entertained while the tender is under finalisation. The terms HPC, HPCL, The Corporation and the Company in the appropriate context means Hindustan Petroleum Corporation Limited, a Company registered under Companies Act 1956 and includes its successors and assignees. The term CCOE in the appropriate context means Chief Controller of Explosives. The term OISD in the appropriate context means Oil Industry Safety Directorate. The term OMC in the appropriate context means PSU Oil Marketing Companies viz. M/s. Indian Oil Corporation Ltd., M/s. Bharat Petroleum

Corporation Ltd. and M/s. Hindustan Petroleum Corporation Ltd. and M/s. IBP Co. Ltd.

The term

UT

in the appropriate context means Union Territory.

The term PSU / PSU Oil Company in the appropriate context means Public Sector Undertaking Oil Marketing Companies viz. IOC, BPC, HPC and IBP. The term PSE in the appropriate context means Central Public Sector Enterprise. The term LOI / PO in the appropriate context means Letter of Intent / Purchase Order. The term LD in the appropriate context means Liquidated Damages.

ANNEXURE - II SPECIAL TERMS AND CONDITIONS FOR BOTTLING ASSISTANCE 1) An open competitive tender is solicited through press advertisement on Two Parts Bid system. PART -I PART -II (a) (b) (c) Technical Bid Price Bid

The Technical Bids will be opened in the presence of all the parties who may like to be present. After evaluation of the technical bid, the price bids of only short listed parties whose technical bids are accepted shall be opened. Unsolicited / conditional discounts if offered by any party will not be considered and offers of parties offering such unsolicited discounts are liable to be rejected.

(d) 2)

Quantity is not guaranteed as this is basically a rate contract. The contract against this Tender is for a period of two Years from the date of finalisation, for the ready built plant and for the proposed construction of bottling plant, two years from the date of completion/commissioning with the option resting with the Corporation to extend it by one more year. No escalation is payable during this three years period in both the cases. The Rating Certificate issued as per Gas Control Order 1995 shall be enclosed along with other credential documents. Inspection of the bottling operation and Quality Control checks on the LPG cylinders will be carried out by the Corporation officials from time to time, to monitor compliance on Quality Assurance. Tenders with counter or subjective conditions shall be rejected. OMCs / Corporation reserve their right to negotiate with tenderers and counter offer a rate if required. The Corporation reserves the right to foreclose the Contract if deemed necessary. The Corporation reserves the right to take bottling assistance from one or two plants or none. The decision of HPCL as regards the tenderers from whom assistance is to be taken and the volume of assistance from any given tenderer shall be final and binding. The Contract shall not be assigned, transferred, subcontracted or sub-let in any manner whatsoever. Any attempt to do so in any manner shall give the right to the Corporation to rescind the contract without restricting recourse to other remedies and claims that can be made by the Corporation. The scope of Corporation shall be limited only to providing Bulk LPG, Cylinders for Filling, Valves, Caps, Seals, O-rings, Printed Stationery for Invoicing, and transportation of Cylinders as per details provided with the proforma of Agreement for Bottling Assistance.

3) 4)

5)

6) 7)

8.

9.

10. The Corporation shall have the right to carryout the operational and Safety audit of the Plant. 11. During the period of the Agreement/Contract of two years and the third year in case of exercise of option by the Corporation, the bottling plant of the successful tenderer shall be exclusively attached to the Corporation. The successful tenderer shall not offer the facility to others or utilise the plant for own use during this period. The Corporation shall however pay only for the quantum of services received as per the Agreement.

12. The following fixed service charges will be payable by the Corporation to the successful tenderer during the period of the Agreement for the activities described: (a) Stencilling of Cylinders (b) Purging of Cylinders (c) Degassing of cylinders : : : Rs. 2/- per cylinder. Rs. 2/- per cylinder Rs. 2/-per cylinder

13. The Bulk LPG Stored in the Storage tanks should be within the limits approved by CCOE. Similarly the storage of filled LPG Cylinders should be as per the layout and within the quantity limits approved by CCOE. 14. LIQUIDATED DAMAGES: In the event the party fails to meet the quantity requirement specified in a month, the successful tenderer is liable to pay liquidated damages @ 10% of the rate per MT of bottling assistance rendered, for the quantity for which the bottling assistance was not provided during the month.

15. RISK PURCHASE: In addition to the above, Corporation reserves the right to obtain bottling assistance from other tenderers / party in the event of non-compliance of agreed terms by the successful tenderer, and the extra cost incurred by way of charges for bottling assistance, additional freight, etc., shall also be recovered from the successful tenderer. 16. MAINTENANCE OF INVENTORY/STOCK RECONCILIATION: The successful tenderer shall maintain proper records accounting for receipt , usage and balance availability of the LPG as well as other material provided by the Corporation viz., valves, caps, seals, Orings, etc. 17. SECURITY DEPOSIT: All Successful tenderers will be required to furnish Security Deposit as given below in the form of a crossed A/c Payee Demand Draft drawn on any Nationalised Bank / Scheduled Bank in favour of Hindustan Petroleum Corporation Ltd. payable at New Delhi. Alternately the Security Deposit may be furnished in the form a Bank Guarantee as per the format provided vide Annexure-VIII.The Corporation reserves the right to adjust the security deposit towards any of the dues to the

Corporation by way of Liquidated Damages, Risk Purchase, Recoverable against materials provided, and any other liabilities recoverable from the successful tenderer. Incase of successful tenderer who is having the suitable operating LPG bottling plant will be required to furnish Security Deposit of Rs. 30.0 lakhs within 30 days from the date of issue of LOI . Incase of successful tenderer who is willing to construct the plant on their own has to comply with the following:
a)

The successful tenderer must deposit Rs. 5.00 lakhs (Rupees five lakhs) as caution deposit by way of DD within 15 days of issue of LOI (Letter of Indent), which will be converted as security deposit. On Completion of construction and before commencement of operation of bottling assistance the security deposit of Rs. 25.00 lakhs by way of Bank Guarantee (BG) shall be submitted.

b)

c) In case of tenderer offering land on his own name, after construction of plant on issue of LOI, shall be treated as successful tenderer and has to execute an agreement as per annexure-VIII 18) Tenderer who proposes to construct the plant on issue of LOI should construct the plant and commence the bottling assistance within 180 days time. Incase the tenderer is not able to construct and commence the bottling assistance within the stipulated time, further additional 60 days time shall be granted, which is the sole discretion of the Corporation. Even after this, if the tenderer is not able to construct the plant and commence the bottling assistance within the additional stipulated time, the EMD of Rs. 1.00 Lakh as well as the caution deposit of Rs 5.00 Lakhs will be forfeited.

ANNEXURE - III SECTION - I PARTICULARS OF TENDERER

Please furnish the following details Name of the Manufacturer Address : Office : :

Factory

Tel No. (Office) : (Factory)

Fax. No. (Office) (Factory)

: :

E mail Address

___________________________

MARKET STANDING & FINANCIAL CAPABILITY

Constitution of the : a) Proprietor/Partnership

firm Sole

b) Private Limited Company

c) Public Limited Company

d) Any other (Certified copy of Partnership Deed/Memorandum of Articles of Association to be enclosed.) Name & address of the Proprietors / Partners / Directors

with % of share holding / Profit Share. : Names of the persons holding the Power of Attorney, their Designations, Address and telephone Nos. Please indicate the details of your sister concerns/firms having Common partner(s) in case of Partnership Firms / Shareholder(s) in case of Pvt. Ltd. Company Year of Establishment / Registration & Date. : (Certified copy of the registration certificate issued by Registrar of firms / Companies to be enclosed) Registration No. : 1. Under Companies Act : 2. : 3. Small Scale Ind. DGTD. :

: 4. Central Excise Dept. (Copies of regtrn. certificates for all above to be enclosed) Details of Capital Investment. : (Authorised share capital, subscribed share capital, paid up capital)

Income Tax Clearance Certificate : Year ITCC No. Date No. and Date for the last 3 years (Xerox copies of the ITCCs and audited statement P & L a/c and Balance Sheet for the last three years to be enclosed). Name of Bankers & Full Address : Bankers Certificate indicating Credit worthiness (in value) of the firm to be enclosed in a separate sealed cover. Credit arrangement with Bankers alongwith the limit for bank Guarantee.

TECHNICAL EXPERTISE AND ORGANISATIONAL CAPABILITY

Range of products / Other businesses of the Company / Firm : Year of commencement of production. Is the Unit certified by ISO

: ( If yes, please provide copy of Certificate ). Weekly Off day for the Unit: Annual Turnover in the last 3 yrs. : 2005-06 2006-07 2007-08 Office No. : Skilled Unskilled : (Please enclose a copy of the organogram indicating the quality/ production managers and QC engineers/ supervisors with their qualifications.) List of large companies to which similar items have been supplied : of persons employed. Factory

earlier with details of value of order & year of execution. Sales Tax Registration No. : State Sales Tax (b) Central Sales Tax (Enclose copies of registration certificates) Sales Tax Exemption Status : :

(c)

: :

23. District in which the plant is located

24. Details of Registration, if any, with other Oil Companies (IOC/BPC/IBP), as well as CPWD/State PWD and other Public Sector undertaking . 25. Details of experience as private bottler. ____________________________ Following documents to be enclosed in support of the details provided : 1). Xerox copies of income-tax clearance certificates for the last 3 years 2). Solvency Certificate from your bankers 3) EPF Registration Number 4) ESIS Registration Number 5) Undertaking from you certifying that the details furnished are factual and true.

6) Audited Balance Sheet and Profit & Loss Account for the last 3 years.

ANNEXURE - IV INFRASTRUCTURE DETAILS OF TENDERER ( Attach addl. sheets if required )

I.

DETAILS OF PLANT EQUIPMENT : ( Storage / Filling / Quality Cheques / Weght Adjustment Scale etc etc.

Enclose attachments wherever required. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 II. DETAILS OF FIRE-FIGHTING EQUIPMENT Enclose attachments wherever required. 1. 2. 3. 4.

5. ANNEXURE - V MINIMUM REQUIREMENTS OF EQUIPMENT AND STATUTORY APPROVALS For the layout of the location , the facilities installed and the safety system in the Plant , the SMPV (Unfired ) Rules 1981 and OISD 169 to be followed . The following are the minimum requirements for a tenderer to technically qualify in the subject tender, apart from other requirements that may be specified elsewhere in this tender document: I. STATUTORY APPROVALS : 1) CCOE licence for the bulk storage, filled cylinder storage and filling of LPG cylinders in the plant. 2) License from the Inspector of Factories for setting up and operating the plant. 3) State / Central PCB NOC for installation and operation of the plant, as per requirement.

4) Gram Panchayat / Municipal approval for the Bottling Plant . 5) District authority for installation and operation of the plant. 6) ESI and PF Registration.

II. EQUIPMENT REQUIREMENT (Minimum) : 1) Carousal / Stationery Scales with minimum least count of 50 gms preferably electronic type. 2) Bulk storage of 50 MT (Total) in minimum of 2 nos. storage vessels. 3) Chain conveyor system with flame proof motor driven for movement of cylinders from unloading points to cylinder filling system. 4) From filling system to quality checks equipments, reworking station, cylinder storage shed and repair shed and loading points. 5) One no. check weigh scale (preferably Electronic) of accuracy of minimum +/ 50gms with capacity of 100 kg. 6) Weght Adjustment Scale to correct Under / Over filled Cylinders 7) One on-line test bath. 8) Hot air sealing system. 9) One no. CVT to detect leakage with 0.5 gms / hour sensitivity. 10) Adequate LPG pumps and compressors to take care of cylinder filling and bulk unloading requirement. 11) Adequate air compressor to take care of process air requirement. 12) Facility for evacuation of defective cylinders. 13) Cylinder purging facility.

14) Cylinder depressurizing facility. 15) Valve replacement fixtures with talk range adjustment scale of 50 gms least count and 100 kg capacity with evacuation and filling facility. 16) One no. SQC scale preferably electronic with least count of 50 gms and 100 Kg capacity. 17) Bulk unloading gantry with safety system as per OISD Standard 169. 18) Computerized invoicing facility P$ machine with 80 GB HDDD, 128 MB RAM, DOT MATRIX printer and UPS along with stand by units. 19) ISI approved rubber mats at unloading and loading points and other points where manual handling of cylinders for chain conveyor is required. 20) Mastic flooring in sheds. 21) Safety system of the plant in line with OISD 169 standard. III MANPOWER DEPLOYED IN PLANT : Prior to the commissioning of Bottling Plant operations , training to the complete staff will be given by HPCL and their understanding level will be assessed . It is expected that all the staff employed by the private bottler have the capabilities to read and write in the local language. Basis satisfactory performance , the certificate of participation will be issued . Only those workmen and staff , to whome the certificate of participation will be issued , shall be allowed to work in the Plant . IV SAFETY / QUALITY IN PLANT OPERATIONS : The party will have to develop a manual / guidelines on safety / Quality and Plant operations ( operations of each equipment installed in the Plant ) . This manual / guidelines will be approved by HPCL . The Plant Operations will be in line with the above guidelines . In case of any repeated violations and unsafe practices being followed , HPCL will have the right to terminate the contract and invoke the Bank Guarantee or forfeit the security deposit .

ANNEXURE VI

DETAILS OF RELATIONSHIP WITH HPC DIRECTORS Please furnish following details in the appropriate part based on your organisational structure :
ORGANISATIONAL STRUCTURE PART OF THE FORM APPLICABLE

ORGANISATIONAL STRUCTURE
SOLE PROPRIETOR PARTNERSHIP FIRM PRIVATE / PUBLIC LTD. CO.

PART OF THE FORM APPLICABLE

PART - A PART - B PART C

PART- A (Applicable where Manufacturer is Sole Proprietor) 1. Name of Manufacturer E mail Address : 2. Address Office Residence 3. Telephone : : : : : Yes/No* : _______________________

4. State whether manufacturer is related to any of the director(s) of HPCL 5. If `Yes' to 4, state the name of: the Director and manufacturers relationship with him/her.

Strike whichever is not applicable.

_______________________________________________________

PART -B (Applicable where the manufacturer is a partnership firm)

1. 2. 3. 4.

Name of the Partnership firm : Address & Tel. No. with STD Code Name of Partners : : Yes / No* :

State whether any of the partner is a Director to HPCL

5.

If `Yes' to 4 ,state the names(s) : of Director//s and manufacturers relationship with him/her. Strike whichever is not applicable.

PART C (Applicable where the Manufacturer is a Public / Private Ltd. Co.) 1. Name of the Company :

2.

Address & tel. No. with STD Code of Regd. Office Principal Office : : : : Yes/No*

3. 4. 5.

State whether the company is a Pvt. Ltd. Co. or Public Ltd Co.

Names of Directors of the Company State whether any of the Director your Company is a Director of HPC. :

6.

If `Yes' to (5) state the name(s) : of the Director/s and manufacturers relationship with him/her. State whether any of the Director of your Company is related to any of the Directors of HPC. If Yes to (7) state the name(s) of Director and the concerned Directors ( of the Vendor ) Relationship with him/her. : Yes/No*

7.

8.

Strike whichever is not applicable.

ANNEXURE - VII
BANK GUARANTEE FORMAT FOR SECURITY DEPOSIT (ON NON JUDICIAL STAMP PAPER OF APPROPRIATE VALUE) To: Hindustan Petroleum Corporation Limited Petroleum House, 17 Jamshedji Tata Road Mumbai 400 020.

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED a Company registered under the Companies Act, 1956, having its registered Office at 17, Jamshedji Tata Road, Bombay 400 020 (hereinafter called "The Corporation") having agreed to sign an agreement (hereinafter called "the agreement" which expression shall include any amendments including additions, deletions and modification to the said agreement) with Messrs (tenderer) a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its Registered Office at .. For .. .. And 'the Corporation' having agreed not to insist upon immediate payment of Security Deposit for the fulfillment and performance of the said agreement in terms thereof on production of an acceptable Bank Guarantee for an amount of Rs.____ lakhs (Rupees Lakhs). 1 We .. Bank having Office at Bombay, (hereinafter referred to as "the Bank") do 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 Lakhs) against any loss or damage, costs, charges and expenses caused to or suffered by 'the Corporation' by reason of non performance and non-fulfillment or for any breach on the part of (the tenderer) of any of the terms and conditions of the said agreement. 2. We Bank further agree that the Corporation shall be sole judge whether the said (tenderer) has failed to perform or fulfil the said agreement in terms thereof or committed breach of any of the terms and conditions of the agreement and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by 'the Corporation' on account thereof and we waive in favor of 'the Corporation' all the rights and defenses to which we as guarantors and/or (tenderer) may be entitled to. 3. We .... Bank further agree that the amount demanded by the Corporation as such shall be final and binding on ' the Bank ' as to 'the Bank's' liability to pay and the amount demanded and ' the Bank ' undertakes to pay ' the Corporation ' the amount so demanded on first demand and without any demur notwithstanding any dispute raised by (the tenderer) or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional. 4 We, ...................... Bank further agree with the Corporation that 'the Corporation' shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement/or to extend time of performance by (the tenderer) from time to time or to postpone for any time or from time to time any of the powers exercisable by 'the Corporation' against (the tenderer) and to forebear to enforce any of the terms and conditions relating to the agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to (the tenderer) or for any forbearance, act or 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 have the effect or relieving us. 5. NOTWITHSTANDING anything herein before continued, our liability under this Guarantee is restricted to Rs. This guarantee shall remain in force until expiration of six months after the termination/extinguishment of the said agreement. Unless a demand or claim under this guarantee is made on us in writing within said period, that is, on or before .. all rights of 'the Corporation' under the said guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder. 6. We, . Bank further undertake not to revoke this guarantee during its currency except with the previous consent of 'the Corporation' in writing. 7. We, ... Bank lastly agree that the Bank's liability under this guarantee shall not be affected by any changes in the constitution of the tenderer. 8. We, Bank has power to issue this guarantee in terms of ................ IN WITNESS WHEREOF the Bank has executed this document on this CONFIRMED BY US ___________ TENDERER

ANNEXURE - VIII
PROFORMA OF AGREEMENT FOR CYLINDER STORING AND BOTTLING ASSISTANCE __________________________________________________________________ This agreement made at ___________________________________ on this _________________ Day of _____________________________ Two Thousand and Five between M/s.______________ (Tenderer) a company registered under Companies Act 1956 having their Registered Office at __________________________________ hereinafter called 'tenderer' or Licensee (which expression shall unless repugnant to the context, mean and include their successors permitted assigns) on the one part and M/s. Hindustan Petroleum Corpn. Ltd., a Government of India Enterprise, registered as a Company under the Companies Act, 1956, having its Registered Office at 17, Jamshedji Tata Road, Churchgate, Mumbai 400

020 and Marketing Headquarters Office at 8, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai - 400 001hereinafter called HPCL (which expression shall unless repugnant to the context, mean and include their successors and permitted assigns) on the other part. Whereas HPCL carries on the business of refining and sale of petroleum products and more particularly of LPG. Whereas, being desirous of obtaining LPG Cylinders bottling assitance HPCL had floated tender No. dt. . Whereas M/s_______________ has a bottling plant at _______________and had participated in the subject tender and is one of the successful tenderers in the subject tender. And whereas HPCL based on the offer of the tenderer has agreed to appoint the tenderer as its licensee for storing LPG and giving bottling assistance in LPG cylinders from the LPG plant mentioned in Schedules I and II hereto. And whereas tenderer M/s ____________ has agreed to receive and store bulk LPG of HPCL and also receive and store empty cylinders, bottle and deliver packed cylinders belonging to and on behalf of HPCL by complying with all necessary Rules, Regulations, instructions and directions relevant, applicable and issued by the Government of India / state government, statutory & local, and HPCL from time to time. AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: DEFINITIONS In this agreement unless otherwise specifically provided or defined and unless a contrary intention appears from the agreement the following words and expressions are used in the following meanings: 1.1 HPCL" shall mean "HINDUSTAN PETROLEUM CORPORATION LIMITED", a Company incorporated in India and having its registered Office at 17, Jamshedji Tata Road, Mumbai 400 020 and also having its Marketing Headquarters Office at 8, Shoorji Vallabhdas Marg, Post Box No. 15, Mumbai 400 038 and shall include its successors and assigns. 1.2 The "tenderer" shall mean the tenderer whose tender has been accepted by HPCL desirous for rendering bottling assistance from their __________________ Bottling Plant.

1.3 The LPG PLANT shall mean LPG BOTTLING PLANT at _________________belonging to M/s. _____________________ Distt. _____________________ State __________________________.

1.4 The "AGREEMENT" shall mean the totality of the agreement between the parties as derived from the agreement documents. 1.5 The "AGREEMENT DOCUMENTS" shall mean the tender documents as laid out in the Clause 1.10 below of this Agreement.

1.6 "ADVICE" shall mean any written order or instruction given by "HPCL. 1.7 "ACCEPTANCE OF TENDER" shall mean the Acceptance of Tender conveyed by "HPCL" to the Tenderer. 1.8 "SECURITY DEPOSIT" shall mean the security Deposits as specified in Clause 22 of this Agreement. 1.9 "TENDER DOCUMENTS" shall mean the following documents
(1) (2) (3) (4) (6) (7) (8) (9) (9) Instructions to tenderers Attachment - I Special Terms & Conditions Attachment II Particulars of Tenderers Attachment III Infrastructure details & Plant layout Attachment IV (5) Statutory Approvals / Licences/ Min Eqpt Reqmt AttachmentV Declaration Forms Attachment VI Proforma for Agreement for Construction of Plant Attachment VII Bank Guarantee Format for Security Deposit Attachment VIII Integirity Pact Agreement Attachment - IX A&B Price Bid Attachment X areas covered by the boundary wall of

1.10 "PLANT PREMISES" means ______________________ LPG Plant.

1.11 The "LPG" stands for Liquefied Petroleum Gas, mixture of certain hydrocarbons predominantly a mixture of butane and propane, condensed to liquid state at normal ambient temperature by the application of pressure and which conforms to Indian Standard Specification No. IS 4576, having vapor pressure not exceeding 16.9 kgf / cm2 at 65 deg C. 1.12 The "BULK LPG" means LPG in bulk quantity received by road tankers and stored in storage vessels and handled through pipelines, filling machines, compressors, pumps etc. 1.13. "LPG TANK TRUCK UNLOADING" means unloading of Liquid phase of bulk LPG from pressure vessel of tank truck and thereafter recovering vapor phase of LPG till pressure in tank truck bullet is brought down to 2-2.5 kg/cm2g. 1.14 The "PACKED LPG" means LPG filled in cylinders. 1.15 "CYLINDER" means a metal container utilized for storing LPG conforming to IS 3196 and as certified by BIS and as approved by CCE. 1.16 The "VALVES" means a valve which is fitted on a cylinder confirming to IS-8737 and as approved by CCE. 1.17 The "O RING" means a joint packing, which is fitted in the valve. 1.1 8 SAFETY CAP means cap fitted on valve to prevent leaks and withstand pressure of 17 kg/cm2.

1.19 PURGING OF CYLINDERS, means introducing LPG inside degassed cylinders and displacing air from the cylinder. 1.20 "PURGED CYLINDER" means a cylinder, which has already been commissioned as per above. 1.21 The "SEAL" means PVC/Aluminium /Preformed Seals put on the cap of the valve of the cylinder for the purpose of sealing a cylinder after it has been filled with LPG. 1.22 The "SOUND FILLED CYLINDER" means the cylinder conforming to IS-13258 and which has been filled with LPG and kept ready for dispatch and marketable in all respects. 1.23 The "DEFECTIVE FILLED CYLINDER" means the cylinder, which is not fit for dispatch and marketable for one reason or other. It could also mean a defective cylinder received from the market. 1.24 The "SOUND CYLINDER" means the cylinder meeting IS-13258 Standards. 1.25 The "DEFECTIVE CYLINDER" means cylinder, which is empty, and not fit for filling. It may be purged or unpurged. 1.26 "MANDATORY TEST CYLINDER" means a cylinder, which is due for statutory testing. 1.27 "NEW CYLINDER" means a cylinder, which has been received, directly from manufacturer or new cylinder supplied by "Tenderer" from his stocks and is not purged. 1.28 "REJECTED CYLINDER" means a cylinder not meeting IS: 13258 and not serviceable and kept ready for crushing and disposal. 1.29 "FILLING GUN" means equipment used for fixing on the cylinder valve at filling scales for filling LPG. 1.30 "DEGASSED CYLINDER" means cylinder where LPG is emptied out by displacing with water. 1.31 "VALVE LEAK' means LPG leakage through valve joint or spindle seat of the valve. 1.32 "BUNG LEAK" means LPG leakage through the nozzle of cylinder meant for fixing cylinder valve. 1.33 "O RING" defect means 'O' ring which is worn/damaged and which can result in LPG leakage when regulator is fixed on cylinder. 1.34 The "EVACUATION UNIT" means set of equipments used in the process of evacuating defective filled cylinders.
1.35 CVT or "COMPACT VALVE TESTER" means an equipment meant for detecting valve/'O' ring leak of LPG from valve of cylinder.

1.36 "DEPRESSURISED CYLINDER" means LPG Cylinder where LPG is vented out fully from cylinders. 1.37 "HOT REPAIR" means repairing of degassed damaged part of cylinders i.e. VP Ring, foot ring etc. (after degassing the cylinder) through hot work namely gas cutting and welding and thereafter stress relieving the cylinder. 1.38 COLD REPAIR means repair of LPG Cylinder, which does not involve any hot work as mentioned above. 1.39 "SPURIOUS CYLINDER" means LPG Cylinder, which is not owned by any of the Company marketing LPG and also not certified by BIS. 1.40 BIS means Bureau of Indian Standards. 1.41 CCE/CCOE means Chief Controller of Explosives.

2. AGREEMENT AND ITS DURATION A). HPCL hereby appoints M/s. ___________________for rendering LPG Cylinder Bottling Assistance by receiving and storing bulk LPG at the LPG Plant and for bottling of LPG into cylinders and such related and ancillary activities connected with receipt and storing of LPG and bottling of the same. B).This agreement shall remain in force for two years from ______________ with an option to extend the same for one year on the same terms and conditions at the sole descrition of HPCL . . However the same may be determined without assigning any reason by either party by giving one months notice in writing to the other of its intention to terminate this agreement, and upon the expiration of any such notice this Agreement and the license granted as aforesaid shall stand cancelled and revoked but without prejudice to the rights of either party against the other in respect of matter or thing antecedent to such termination provided that nothing contained in this Clause shall prejudice the rights of the HPCL to terminate this Agreement earlier on the happening of the events mentioned in Clause 35 of this Agreement. D).Upon expiry of the aforesaid period of two years, the Corporation may, at its option, enter into a fresh Agreement with the licensee for further period of one year on the same terms and conditions as herein contained. The rates for the extended period shall be the same as that agreed to in the two years of the Agreement. 3. RECEIPT AND STORAGE OF BULK LPG "HPCL" shall arrange delivery of bulk LPG to "the LPG Bottling Plant" through tank trucks. "M/s.___________________ shall receive and store LPG so received, in the storage tanks at "the LPG Bottling Plant" on "HPCL" account by complying with the requirements for receipt and storing LPG and account for the receipt in terms of procedure prescribed by "HPCL" and accepted by "M/s. ____________________ as detailed herein below. It is also to be ensured that minimum 2 no. storage vessels of similar capacity are provided.

4. MEASUREMENT OF BULK LPG M/s.__________________ shall weigh the LPG tank trucks along with bulk LPG on the weighbridge for determining the gross weight. Thereafter, bulk LPG from the tank truck shall be transferred to the storage tanks of "the LPG Bottling Plant". Upon completion of transfer of bulk LPG from the tank truck to the storage tank, the empty tank truck shall be weighed for ascertaining the tare weight of the tank truck. The total quantity/quality of bulk LPG mentioned in the Transshipment Order Advice (TOA) i.e. the document prepared by the shipping location of bulk LPG and accompanying each tank truck and the difference between the gross weight of the tank truck with bulk LPG and the tare weight of the tank truck after transferring LPG into the storage tanks, shall be the quantity of bulk LPG received by "M/s___________________ at "the LPG Bottling Plant". "M/s. ___________________ " shall make necessary entries in the TOA for the total quantity/quality of bulk LPG so received at "the LPG Bottling Plant" and the difference, if any between the quantity of bulk LPG indicated in the TOA and the receipt, and obtain acknowledgement of the transporter for actual quantity received. The acknowledgement so made by M/s _____________________ shall be complete proof of quantity / quality of bulk LPG received by them. 5 RECEIPT OF CYLINDERS ON BEHALF OF HPCL a) "M/s. ___________" shall receive empty cylinders from "HPCL", their distributor network and the manufacturers authorized by "HPCL". b). M/s. _______________ shall inspect all those cylinders received at the LPG Bottling Plant" and identify those cylinders which are not of " HPCL " and store them separately. M/s. _____________________ shall maintain accounts for receipt of cylinders and shall send weekly statements to "HPCL" of those receipts. 6 SEGREGATION OF CYLINDERS a) M/s ________________ shall segregate "HPCL" cylinders received and identified as above under the following categories-i) Good/usable cylinders ii) Cylinders due for mandatory testing iii) Cylinders due for cold/hot repairs iv) Defective and leaky cylinders v) Spurious cylinders vi) Cylinders belonging to other Oil Companies / Parallel Marketers. b) M/s. _________________________ shall record of the cylinders under the categories mentioned above and shall give intimation to "HPCL" of the same on a weekly basis. c) M/s. ________________ shall dispatch for necessary testing and repairs to parties as per "HPCL" advise, such cylinders that are earmarked for mandatory testing, along with cylinders identified for hot and cold repairs. Such cylinders on being received back from the M/s __________________________ after testing and repairs, shall be inspected by M/s. __________ as per "HPCL" directives and as per the format prescribed by HPCL in

that regard and segregate such cylinders under the above mentioned categories if they still found to be defective, etc. d) "M/s. __________________" shall carry out the job of stenciling of tare weight and net weight on all the cylinders finally identified for filling LPG, in case the same are not legible on such cylinders. No separate charges will be paid for same. 7. SPURIOUS CYLINDERS The spurious cylinders identified by "M/s.__________________ as mentioned in Clause 5(a) above, and intimation of which has been given to "HPCL" shall be kept separately by "M/s. __________________ at "the LPG Bottling Plant". "M/s. _________________ shall maintain records of spurious cylinders and give intimation of such cylinders to "HPCL" and shall keep them, in a separately identifiable place at "the LPG Bottling Plant". "M/s. ____________________ shall take action of these spurious cylinders according to the advice that may be given by "HPCL" in that regard.
8.

PURGING OF CYLINDERS

"M/s. ________________ shall purge at "the LPG Bottling Plant" the following types of cylinders received by them on behalf of "HPCL". Purging shall be carried out according to the directions detailed in that regard i) New cylinders received from the manufacturers or HPC Bottling plant. ii) Cylinders received after mandatory testing/hot repair/cold repair. Cylinders received from the repairers. 9. RECEIPT AND STORAGE ETC., OF REGULATORS AND VALVES "M/s. _______________ shall receive and store the regulators and valves supplied by "HPCL", their distributor and manufacturers authorized by HPCL at "the LPG Bottling Plant". "M/s. ___________________" shall deliver the regulators to "HPCL" distributors as per advises that are issued by "HPCL" in that regard. "M/s. __________________ shall maintain proper records for the regulators and valves received, stored and dispatched and the balance stock of regulators and valves at "the LPG Bottling Plant". Defective regulators and valves will be handed over back to HPCL PROVISION OF CYLINDER CONSUMABLES "HPCL" shall supply to "M/s.---------------- all cylinder consumables namely safety caps, 'O' ring of cylinder valves, seals, neck labels etc. that are required for filled cylinders. Supply of these consumables could be on actual basis subject to maximum of: Safety caps: 8% of average cylinders filled per month. 'O' Ring of cylinder valve: 3% of monthly average cylinders filled. Seals for filled cylinders - 110% of monthly average cylinders filled Neck labels: 1 00% of the cylinders filled. If additional quantity is required for above items, the same will be supplied at the rate determined by HPCL as on date of supply. Cylinder valves: 0.75% of monthly average cylinders filled. However the replacement of valves would be to the extent of actuals.

11. BOTTLING OF LPG M/s. _________________ will use their bottling plant premises and equipments exclusively for M/s. HPCL only. "M/s.________________ shall provide bottling assistance for bottling LPG in LPG Cylinders of "HPCL" to a maximum extent of 9000 MTPA with an average of 750 MT per month. However this is not any assured quantity by M/s.HPCL. 12. FILLING OF LPG CYLINDERS

a) "M/s. ________________ shall fill into good and usable empty cylinders conforming to IS-13258 at "the LPG Bottling Plant" to the extent of the capacity of each such LPG cylinder. The weight of the LPG contained in a cylinder shall not vary by a difference of +/- 150 gms of the net weight of the respective cylinder as indicated on it. b) "M/s. _____________ shall segregate all LPG filled cylinders which contain less/more quantity of LPG than as mentioned in (a) above and shall fill/remove LPG into/from the same so as to bring them to the prescribed standard weight mentioned in a above. c) M/s _______________ shall check all LPG filled cylinders for any leak through cylinder body or bung joint, valve, 'O' ring defects etc., as per the specifications and directions prescribed by "H'PCL" in that regard and replace the defective O rings at no extra cost. d) "M/s. _________________" shall cap, seal and fix neck label on all filled LPG cylinders meeting the above mentioned requirements. e) "M/s. ________________________ (Tenderer) shall segregate all such LPG filled Cylinders which are found to be defective on account of leakage of LPG and shall evacuate LPG from such cylinders as per the procedure relevant in that regard and shall correct the defect so as to make the cylinder fit and proper in all respects. Such leaky Cylinders, which cannot be set right for filling LPG, shall be segregated and removed from the system for purposes of hot repairs or cold repairs. For valve leak cylinders, valves shall be replaced with valves provided by HPCL, for bung leak cylinders re-fixing of same valve shall be done. Where cylinder 'O' rings have defect 'O' ring shall be changed with new 'O' ring supplied by HPCL and same rechecked. Body leak cylinders shall be evacuated, depressurized, degassed and will be kept separately. f) M/s ________________ shall fill into good and usable empty cylinders of any capacity and type as per directions given by HPCL in that regard. 13. STORAGE OF FILLED LPG CYLINDERS "M/s. __________________" shall store filled LPG Cylinders at the earmarked place at "the LPG Bottling Plant" as per rules prescribed in that regard. 14. DESPATCH OF FILLED LPG CYLINDERS a) "HPCL" shall issue instructions/advises to M/s. ______________ regarding dispatch/delivery of filled LPG cylinders. Cylinders so dispatched should be:

i) In sound condition with correct weight as specified under Clause 12 (a) of this agreement and should not have any leaks. The cylinder should meet IS 13258 and should be capped, sealed and provided with neck label and the tare weight shall be clearly visible. ii) In case if any of the cylinder so filled at Plant meets with any accident en-route on truck, at Dealers premises, during delivery to customers or at customers premises, " M/s ________ will render all assistance for investigation and establishing the reasons for the accident. b) "M/s. ____________________ shall, upon receipt of such instruction / advises from "HPCL"; dispatch / deliver filled LPG cylinders according to the instructions contained therein. c) "M/s. ________________ at "the LPG Bottling Plant" shall facilitate loading/unloading of LPG filled/empty cylinders from trucks. However, the physical work of loading/unloading the LPG filled/empty cylinders will be carried out by the crew of the transporter arranged by "HPCL" at cylinder unloading / loading area. d)"M/s. ________________ shall prepare weekly statement of dispatches of LPG filled cylinders made on the basis of advises received from "HPCL" and shall send weekly statement to "HPCL" so as to reach them within 4 days of closure of the week. 15. PRODUCT LOSS a) Storage losses: "M/s. ____________________________shall be fully responsible and liable to account for the total quantity of bulk LPG received and stored at "The LPG Bottling Plant ". No product loss shall be on account "HPCL". In respect of any loss occurring during the period of unloading , receipt and storage, "M/s. ___________ shall compensate "HPCL" in full and entirely as per the rates ( as determined by HPCL which shall be final and binding) applicable during that period. b) Loss of LPG during filling operation: Any loss of LPG during the period of filling, degassing, depressurizing, and purging upto a maximum extent of 0.03% of bulk LPG received at "The LPG Bottling Plant" shall be debited to the account of "HPCL" as per the rates applicable during that period (as determined by HPCL). Loss in excess of 0.03 % of bulk LPG shall be to the account of "M/s. _______________ as per the rates (as determined by HPCL which shall be final and binding) applicable during that period. c) Loss of LPG for any other reason : "M/s. ________________________________(Tenderer)shall also be responsible For loss of LPG for reasons other than covered under (a) and (b) above as per the rate (as determined by HPCL which shall be final and binding) applicable during that period. d) "M/s.___________________ " shall pay to "HPCL" the amount so determined under clauses (a) to (c) above, upon demand without any demur, within 15 days of receipt of demand from "HPCL" failing which amount will be deducted from bills payable to M/s.____________. Note:- The Bulk LPG stored in bullets and that in cylinders should not exceed the CCOE licensed capacity at any given time. Similarly the storing of cylinders should be in area as

earmarked in CCOE Approved drawings and should not exceed quantity as approved by CCOE. 16. VARIATION IN STOCK OF CYLINDERS / REGULATORS/VALVES ETC. a) HPCL shall, on the basis of reports and statements submitted by "M/s. ___________ verify the stock of i) LPG cylinders covered under clauses 4 to 8. ii) Regulators and valves covered under Clause 9. iii) Cylinder consumables covered under Clause 10. for ascertaining the correct stock of the items mentioned above. A joint inspection by the representatives of "HPCL" and "M/s. ________________ shall be conducted at "the LPG Bottling Plant" for reconciling the physical stock of the items above referred. In case any shortage of LPG Cylinders, regulators, valves, and cylinder consumables, etc. are observed after such reconciliation, "M/s. _____________ shall be intimated of such shortage. b) "HPCL" shall raise debit note on "M/s. _____________________ for shortage of cylinders /valves/regulators, etc., noticed as above at following penal rates: Cylinder 14.2 Kg 19.0 Kg 35 Kg 47.5 Kg Rs. 2000/Rs. 2250/Rs. 4500/Rs. 6000/Rs. 100/Rs. 250/-

Valves Regulators

These rates are likely to be revised from time to time which will be communicated to M/s.________ as and when revision takes place. M/s. __________ shall pay the amount specified in the debit note within 15 days of receipt thereof failing which amount will be deducted from bills payable to M/s. ____________. 17. MAINTENANCE OF ACCOUNTS M/s. ____________ will provide the services for completing the documents in respect of bulk LPG, delivery of filled cylinders, sales, collection and depositing of cheques/bank drafts and other reports and all other connected work as may be prescribed by HPCL. Details of accounting procedure to be followed for accounting of receipt of empty cylinders and sending out filled cylinders shall be advised by HPCL. M/s. __________ will also be briefed in detail regarding the receipt of order/remittances from HPCL dealers, the accounting of the remittances received and banking the same. M/s. _________ shall maintain at "the LPG Bottling Plant", true and correct accounts of i) The quantity of LPG in bulk received from "HPCL" as referred in clauses 3 & 4, ii) Cylinders received from the manufacturers authorized by 'HPCL" and from "HPCL" distributors, as referred in clause 5,

iii) Filled cylinders as referred in clause 12, iv) Spurious cylinders received and segregated as mentioned in clause 7, v) Empty cylinders sent for cold/hot repairs and mandatory testing received after such repairs and testing, as referred in clause 6 (c), Defective and spurious cylinders received from authorized distributors of "HPCL" and transporters as referred in clause 6. Regulators and valves received from "HPCL", as covered under clause 9, Regulators dispatched to "HPCL" distributors, as per clause 9, vi) Compilation and submission of consolidated report on all the activities mentioned from (a) to (h), "M/s. ___________" shall make available the records mentioned above for inspection by "HPCL". 18. CHARGES FOR SERVICES a) HPCL" shall pay M/s. __________ charges for the under mentioned services at the rates mentioned against them for the first year and the escalation rate quoted for bottling will be applied to these rates for subsequent years. Activity i) ii) iii) Purging of cylinders Filling LPG into cylinders Degassing of cylinders Rate @ Rs.2/- per cyl. @ Rs. XXXX /- per MT* @ Rs.2/- per cyl.

* To be filled by Tenderer ONLY in Priced Bid. The filling rate should be inclusive of cold repairs and including the fitting of valves in the cylinders. b) "M/s. __________ shall submit their monthly bills with supporting details for verification to "HPCL", at the end of each calendar month for the services enumerated in this clause , to the Controlling Regional Offices of M/s HPCL. c) "HPCL" shall pay the bills of M/s. _________ within 15 days from the date of receipt of bills by them. HPCL shall, however, be entitled to adjust / recover from the bills of M/s.________________ the amounts claimed by them and not paid by M/s. __________ of out of the bills for the services rendered by M/s. _________________________ and covered under this clause. 19. PLANT OPERATION

a) M/s. _______________________ shall operate "the LPG Bottling Plant" by engaging their own suitably and technically qualified and trained employees and operate the plant in an efficient manner. b) M/s. _____________ shall be solely responsible for running "the LPG Bottling Plant" to fulfil their obligation under this Agreement fully and completely without any responsibility on "HPCL" for the same. c) M/s. _____________ shall be solely responsible for non- operation of "the LPG Bottling Plant" for all or any of the reasons of whatsoever nature without any reference to "HPCL" and shall also be responsible for any losses that may accrue to "HPCL" on account of such nonoperation. 20. COMPENSATION IN CASE OF BAD WORK If it shall appear to "HPCL" that any work has been executed by M/s. _________________ with bad, imperfect or unskilled workmanship and are not meeting the standards specified, then M/s. _____________ shall on demand in writing from "HPCL" specifying the work complained of, notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith rectify or remove or re-execute the work at their expense. 21. LIQUIDATED DAMAGES In case of failure of M/s. _____________ to supply the quantity mentioned in Clause 10 M/s. ____________ shall pay HPCL @ Rs.50/- per MT of such shortfall on monthly basis at the end of each month from the effective date of this agreement. The liquidated damages shall be recovered by "HPCL" from the amounts payable to M/s. _____________. Should the amount of liquidated damages is not recovered in any manner in part or in full, the same shall be payable by M/s. _____________ on demand by "HPCL" with 15 % interest per annum till the date of payment. 22. SECURITY DEPOSIT M/s. _____________ will have to pay a security deposit of Rs. 30.0 Lakhs (Thirty Lakhs) in the form of account payee crossed demand draft in favor of Hindustan Petroleum Corporation Ltd. payable at New Delhi within 15 days from the date of intimation of acceptance of their tender, failing which HPCL reserves the right to cancel the acceptance of tender and forefeit EMD of the tenderer. However M/s. _____________ may choose to submit a Bank Guarantee in lieu of demand draft for the same amount as per format given by HPCL (Attachment-VI) within the time limit of 15 days mentioned herein above. The security deposit shall not carry any interest. The security deposit shall be forfeited in case M/s ________________ determines this agreement or HPCL terminates this agreement for the reasons mentioned in clause 35 (b). 23. SUBLETTING OF WORK No part of the work covered under this agreement nor any share or interest thereof shall in any manner or degree be transferred, assigned or sublet, by M/s. _____________ directly or indirectly to any firm or company whatsoever, without the prior consent in writing of "HPCL". 24 PENSION OF WORKS

Subject to the provisions of this agreement, M/s. _____________ shall if ordered in writing by "HPCL" for reasons recorded, suspend all or any part of the work contained in this agreement for such period and such time so ordered by HPCL and shall not, after receiving such written order, proceed with the work therein ordered to be suspended until they receive a written order from HPCL to re-start. 25. INSPECTION OF WORKS HPCL shall inspect "the LPG Bottling Plant" at any time and M/s. ____________ shall afford every facility and assistance to carry out such inspection. M/s. _____________ will ensure recommendations arising out of these inspections are complied within reasonable time frame, if the time frame is not mentioned in the recommendation. 26. DAMAGE TO PROPERTY M/s. _____________ shall be responsible for making good to the satisfaction of "HPCL" any loss of and any damage to properties belonging to "HPCL" within "the LPG Bottling Plant", if such loss or damage is due to fault and/or the negligence or willful acts of omission of M/s. _____________ their employees, agents, representatives or sub-aggreementors. M/s._____________ shall indemnify and keep "HPCL" harmless of all claims for damage to "HPCL" property arising under or by reason of this clause. 27. SAFETY a) M/s. _____________ shall observe and follow all safety regulations enforced from time to time by "HPCL", Chief Controller of Explosives, Directorate of Industrial Safety, Environment and Pollution Control Board or any other statutory authority local or central from - time to time. M/s. _____________ shall indemnify "HPCL" of any liability arising due to non-observance of above regulations. b) M/s._____________ shall take all reasonable care in handling "HPCL" product, cylinders, valves, regulators etc. and shall observe all requirements and regulations governing their storage, handling etc. M/s. ____________ shall indemnify and hold "HPCL" harmless in case of any penalty or other proceedings due to any infringement/non-observance of any statutory obligations or government directive relating thereto. (c) Risk Analysis shall be conducted by M/s _________________ of the LPG Plant at the end of every three years through any of the parties approved by HPCL and the respective state Pollution Control Board. . 28. TAXES M/s._____________ shall pay all taxes, levies, duties, octroi, rates, cess, assessments and statutory payments payable under all or any of the statutes etc., now or hereafter imposed, increased from time to time in connection with the bottling assistance rendered by them at "the LPG Bottling Plant" including annual fees for CCE license, factory license, land rentals, etc. "M/s.________ shall defend, indemnify and hold HPCL harmless from any liability or penalty which may be imposed by the Central, State or local authorities by reason of any violations by them of such laws, regulations or requirements and also from all claims, suits or proceedings that may be brought against "HPCL" arising under, growing out of, or by reasons of the work provided for in this agreement, by third parties, or by Central or State Government ' authorities

or any administrative sub-division thereof or local authorities. M/s. _____________ shall, in case any such demand is raised against "HPCL", and "HPCL" has no way but to pay and pays/makes payment of the same, "HPCL" shall have the right to deduct the same from the amounts due and payable to M/s. _____________. M/s. _____________ shall not raise any demand or dispute in respect of the same but may have recourse to recover/receive from the concerned authorities on the basis of the certificate of HPCL issued in that behalf. 29. INSURANCE

M/s. _____________ shall take insurance policy at their own cost including under the Public Liability Insurance Act, 1991 as applicable. M/s. ______________ shall also arrange insurance against risk such as fire and explosion, terrorist act, flood, cyclone etc. at their own cost for all assets belonging to M/s. _________________. M/s. ______________ in their own interest shall insure "the LPG Bottling Plant" and equipments therein against various risks, injury caused to property of "HPCL", life of their employees and their distributors.. M/s. _______ shall also take insurance for the cost of LPG and the equipment that will be placed by HPCL which is currently estimated at. This amount shall be reviewed every year and M/s. ____________ shall accordingly take Insurance for the revised amount. 30. LICENSES

M/s. _____________ shall obtain, possess and renew at their cost, various licenses required under the law for operation of "the LPG Bottling Plant". M/s. ___________ shall keep the Corporation indemnified against any actions from Statutory authorities due to failure of M/s ____________ to comply with statutory requirements.

31. INDEMNITY
M/s. _________________ shall keep HPCL indemnified against any claims from Sales tax Departments, Excise/Customs Departments, all other claims from any individual or firm arising out of any action/failure to take action on the part of M/s. ________________. 32. RIGHTS This Agreement shall not be construed as creating any right, title or interest or tenancy right in favor of M/s. _____________ on bulk product/cylinders/consumables provided under this agreement. M/s. _____________ shall not undertake filling of any cylinders other than that of "HPCL". 33. PROPERTY IN GOODS ETC. It is clearly understood by M/s ____________ that the quality of LPG stored at The LPG Bottling Plant ", the LPG regulators and valves, all those other equipments, properties and

machineries of " HPCL" kept lying and stored or placed at " the LPG Bottling Plant" shall always remain the property of HPCL . 34. FORCE MAJEURE

A Force Majeure Event shall mean any event or circumstance or combination of events or circumstances beyond the reasonable control of a party that materially and adversely affects the performance by such affected party of its obligations under or pursuant to this Agreement, provided, however, that such material and adverse effect could not have been prevented, overcome or remedied in whole or in part by the affected party through the exercise of due diligence and reasonable care. Force Majeure Events hereunder shall include each of the following events and circumstances, but only to the extent that they satisfy the above requirement. i) Any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockage, embargo, revolution, riot, insurrection, civil commotion, act of terrorism, or sabotage. ii) Strikes, work to rule or go-slows that the premises of the parties hereto or are widespread or nationwide. Other events beyond the control of the affected party (Other Force Majeure Events) including, but not limited to Lightning, fire, earthquake, flood, storm, cyclone, typhoon, or tornado, Explosion or chemical contamination (other than resulting from an act of war), Epidemic or plague. Neither party to this Agreement shall be liable for non-performance of any of its obligations under this Agreement in so far as such non-performance is occasioned by Force Majeure event nor shall this agreement come to an end on account thereof. The notice of occurrence of any such factor shall be given by the affected party within a period of 48 hours of the occurrence of such factors. The performance of the respective obligations of the parties under this agreement shall be resumed soon as such factors, which have resulted in the non-performance, cease to occur. A 48 hours notice regarding the cessation of such factors should be given by either party before the performance is resumed/is called upon to be resumed. Notwithstanding anything contained herein, if an event of force majeure occurs and is likely to continue for a period in excess of 30 days, the parties shall meet to discuss the consequences of Force Majeure and the course of action to be taken to mitigate the effects thereof to be adopted in the circumstances including termination of the agreement. 35. TERMINATION OF THE AGREEMENT

a) During the currency of this Agreement, parties hereto can terminate the agreement either for breach of any of the terms and conditions of this Agreement or otherwise by giving One month notice in writing. "HPCL" may terminate the agreement at any stage for reasons to be recorded in the letter of termination. b) "HPCL" may inter-alia may terminate the agreement for any or all of the that M/s. _____________ have: following reasons

i) Abandoned the work specified in the agreement. ii) Without any lawful reasons suspended the work for 15 consecutive days. iii) Neglected or failed to observe and perform all or any of the terms acts, matters or things under this agreement to be observed and performed by the contractor. iv) Acted in any manner to the detrimental interest, reputation, dignity, name or prestige of "HPCL". v) Without authority acted in violation of the terms and conditions of this agreement. c) On the termination of this agreement, should there be any money due to HPCL, the licensee undertakes to pay the same in seven days to HPCL at its office at ___________________________________ . d) On the termination of the license and permission the licensee will immediately remove himself and his men from the premises and hand over to HPCL vacant and peaceful possession of the premises and HPCL shall be entitled to enter upon the premises without any hindrance or objection from the licensee and the licensee cease to have any right whatsoever to enter or remain on, or use the premises of the said plant, machinery and equipments in any manner. e) The Licensee shall not at any time whether during the period of this agreement or after its termination divulge or make known any confidential information concerning the accounts, secret processes or any other particulars in any wise relating to the business of HPCL. f) The licensee shall not any time during the continuance of this agreement pledge the credit of HPCL. g) In the event of the termination of this agreement under the provisions herein above contained the licensee shall not be entitled to any compensation or claim any loss or damage from the corporation in respect of goodwill or otherwise. 36. ARBITRATION a) All disputes or differences arising out of or in relation to this agreement shall be referred to the Director-Marketing of "HPCL" who may either act as Sole Arbitrator or nominate some Officer of "HPCL" to act as an Arbitrator to adjudicate the disputes and differences between the parties (except those in respect of which the decision of any person is by the agreement expressed to be final and binding). b) M/s. _____________ shall not be entitled to raise any objection to the appointment of such Officer of "HPCL" as the sole arbitrator on the ground that the said Officer is an Officer of "HPCL" or that he/she has to deal or dealt with the matter to which the agreement relates or that in the course of duties as an Officer of "HPCL" he/she has/had expressed views on all or any of the matters in dispute or difference. c) In the event of the arbitrator to whom the matter is originally referred to, is transferred or vacates Office, the Director- Marketing aforesaid shall nominate another Officer of "HPCL" to act as Arbitrator.

d) Such Officer nominated, as Sole Arbitrator shall be entitled to proceed with the arbitration from the stage at which it was left by the predecessor. It is the term of this agreement that no person other than the Director-Marketing or a person nominated by Director- Marketing of "HPCL" shall act as sole Arbitrator. e) The award of the arbitrator shall be final, conclusive and binding on all the parties to the agreement. f) The award shall be made in writing and published by the Arbitrator within six months of entering upon the reference or within such further time mutually extended by the parties. The arbitrator shall have power to order and direct the parties to abide by, observe and perform all such directions as the arbitrator may think fit and proper to issue having regard to the fact that the arbitration proceedings have to be completed within the specified period solely on the principles of Natural Justice. The arbitrator shall be at liberty to appoint, if found necessary any accountant or engineer or other person to assist him/her and to act by the opinion so taken. The arbitrator shall have power to make one or more awards whether interim or otherwise in respect of the dispute and difference and in particular shall make separate awards in respect of each claim or cross claims of the parties. i) The arbitrator shall be entitled to direct any of the parties to pay the costs of arbitration in such manner and to such extent as the arbitrator may in his discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportions to meet the arbitration expenses. The parties to arbitration, whenever called upon to do so shall be bound to comply with such direction without any demur. 37. NOTICE a) All notices required to be given and approvals required to be obtained here under shall be given and obtained in writing. b) All notices required to be served by either party here to upon the other shall be deemed properly served if delivered, in case of HPCL, at ________________ addressed to ___________________ ( Designation )and in the case of M/s__________________ (Tenderer) , if sent by Post or delivered by hand at ______________ addressed to ____________________ ( Designation) 38. SCHEDULE Schedule I (Description of land) Schedule II (Description of storage tanks, sheds and other facilities for storing and bottling of LPG Cylinders). IN WITNESS WHEREOF the parties hereto have signed the agreement on the date, month and year first herein above written. Signed and delivered by the HINDUSTAN PETROLEUM CORPORATION LIMITED

Through its Constituted Attorney. In the presence of 1) Signed and Delivered by the party

_______________________________

2)

M/s.__________________________________through _________________________ In the presence of: 1) 2)

ATTACHMENT

IX (A)

INTEGRITY
No. To,

PACT AGREEMENT
Dated: _____________________

_________

HINDUSTAN PETROLEUM CORPORATION LIMITED Sub : Ref. Purchase of Bidding Documents Tender no. LPG / TPT / NZ / 216

HPCL and the Bidder agree that the Notice Inviting Tender (NIT) is an offer made on the condition that the bidder will sign the Integrity Pact and the Bid would be kept open in its original form without variation or modification for a period of 180 days from the last date for the receipt of tenders stated in the NIT AND THE MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT. They confirm acceptance and compliance with the Integrity Pact in letter and spirit. They further agree that the contract consisting of the above conditions of NIT as the offer and the submission of Bid as the Acceptance shall be separate and distinct from the contract which will come into existence when bid is finally accepted by HPCL. The consideration for this separate initial contract preceding the main contract is that HPCL is not agreeable to sell the NIT to the Bidder and to consider the bid to be made except on the condition that the bid shall be kept open for 180 days from opening of the priced bid days after the last date fixed for the receipt of the bids and the Bidder desires to make a bid on this condition and after entering into this separate initial contract with HPCL.

HPCL promises to consider the bid on this condition and the Bidder agrees to keep the bid open for the required period. These reciprocal promises form the consideration for this separate initial contract between the parties. If Bidder fails to honour the above terms and conditions, HPCL shall have unqualified, absolute and unfettered right to encash / forfeit the bid security submitted in this behalf.

(Signature & Seal Of Bidder )

(Hindustan Petroleum Corpn. Ltd)

ATTACHMENT
(This agreement has to be mandatorily signed by the bidder )

IX (B)

(To be executed on plain paper and applicable for all tenders of value above Rs.1 crore)

INTEGRITY PACT Between Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as The Principal, and . hereinafter referred to as The Bidder/Contractor Preamble The Principal intends to award, under laid down organization procedures, contract/s for The Principle values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidders/s and Contractor/s. In order to achieve these goals, the Principal cooperates with the renowned international NonGovernmental Organisation Transparency International (TI). Following TIs national and international experience, the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above. Section 1 Commitments of the Principal (A ) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:

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

The principal will, during the tender process treat all Bidders with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential / additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.
2 3.

The principal will exclude from the process all known prejudiced persons. (B) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions. Section 2 Commitments of the Bidder / Contractor (1) The Bidder / Contractor commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution. 1. The Bidder / Contractor will not, directly or through any other person or firm, offer, promise or give to any of the Principals employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract. 2. The Bidder / Contractor will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process. 3. The Bidder / Contractor will not commit any offence under the relevant Anti-corruption Laws of India; further the Bidder / Contractor will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. 4. The Bidder / Contractor will, when presenting his bid, disclose any and all payment he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

(2) The Bidder / Contractor will not instigate third persons to commit offences outlined above or be an accessory to such offences. Section 3-Disqualification from tender process and exclusion from future contracts If the Bidder, before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason. (1) If the Bidder/Contractor has committed a transgression through a violation of Section 2 such as to put his reliability or credibility into question, the Principal is entitled also to exclude the Bidder / Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years. 2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence, concludes that no reasonables doubt is possible. (3) The Bidder accepts and undertakes to respect and uphold the Principals absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice. (4) If the Bidder / Contractor can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely. Section 4 Compensation for Damages (1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit/Bid Security. (2) If the Principal has terminated the contract according to Section 3, or if the Principle is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit / Performance Bank Guarantee. (3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor shall compensate the Principal only to the extent of the damage in the amount proved.

Section 5 Previous Transgression (1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process. (2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason. Section 6 Equal treatment of all Bidders / Contractors / Subcontractors (1) The Bidder / Contractor undertakes to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing. (2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors and Subcontractors. (3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions. Section 7 Criminal charges against violating Bidders/Contractors/Subcontractors If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office. Section 8 External Independent Monitor / Monitors (three in number depending on the size of the contract) (to be decided by the Chairperson of the Principal) (1) The Principal appoints competent and credible external independent Monitor for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement. (2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal. (3) The Contractors accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder / Contractor / Subcontractor with confidentiality. (4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an

impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings. (5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the bidder / contractor to present its case before making its recommendations to the Principal. (6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the Principal and, should the occasion arise, submit proposals for correcting problematic situations. (7) Monitor shall be entitled to compensation on the same terms as being extended to / provided to Outside Expert Committee members / Chairman as prevailing with Principal. (8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India. (9) The word Monitor would include both singular and plural. Section 9 Pact Duration This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal. Section 10 Other provisions (1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact. (2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

----------------------------For the Principal ( HPCL) Witness 1: Witness 2: ..

----------------------------For the Bidder/Contractor Witness 1:

Witness 2 ..

Place. Date