HINDUSTAN PETROLEUM CORPORATION LIMITED GRESHAM HOUSE (2ND FLOOR), SIR P. M. ROAD, FORT, MUMBAI - 400001. TENDER NO: 11000268-HD-10002 e-TENDER # 12000005-HD-10002 NOTICE INVITING TENDER FOR SUPPLY OF MECHANICAL TOOLS AT HPCL TERMINALS/ DEPOTS Page 1 of 24 Signature of Tenderer with Seal & Date HINDUSTAN PETROLEUM CORPORATION LIMITED (A Government of India Enterprise) Procurement- P&P, Gresham House –2 nd Floor, Sir P. M. Road, Fort, Mumbai- 400 001, India Phone: 022 22608520 / 530, Fax: 022 22642352 NOTICE INVITING TENDER Electronic digitally signed & sealed (encrypted) e-tenders are invited under two bid system from eligible Indian Bidders as per details given belowA1 : TENDER NO. 11000268-HD-10002 A2 : e-TENDER # 12000005-HD-10002 SUPPLY OF MECHANICAL TOOL KITS B1 Pre Bid Meeting 24-04-2012 (1030 Hours IST) B2 Tender submission due Upto 22-05-2012 (1500 Hours IST) date B3 Online Un-priced Bid from 1530 Hours IST on 22-05-2012 opening B4 Tender document fee NIL B5 EMD Rs. 2,76,000.00 Bids are to be submitted online only at site https://etender.hpcl.co.in/ Bids received in any other form shall not be accepted. For viewing details including EMD, BID QUALIFICATION CRITERIA, LOCATIONS etc. please visit our web site www.hindustanpetroleum.com and go to tender section by clicking the link “Tenders”. For on-line bidding, please visit website https://etender.hpcl.co.in/, click the link “Vendor Instruction Manual” and follow the procedure given therein. HPCL reserves the right to extend price/purchase preference as per prevailing guidelines of Government of India. Ch. Manager Procurement (P & P) Page 2 of 24 Signature of Tenderer with Seal & Date 1.0 INTRODUCTION M/s Hindustan Petroleum Corporation Limited (HPCL), invites e-bids under two bid system from eligible Indian Bidders for Supply of the following items to various Depots/ Terminals as specified in the tender document. a. Non Sparking Tool Kit b. Mechanical Tool Kit List of items to be included in the above kits are given in detail in the later sections of this tender. Job includes Supply, TPI, Transportation, Transit insurance and FOR delivery at the respective Depots / Terminals. Vendors/Bidders must be manufacturer or manufacturer‟s authorised representative for supply of the Mechanical Tools / Non sparking tools. 2.0 BRIEF SCOPE OF WORK: Safety equipment is provided at all POL installations consisting of Depots / Terminals for putting into use during emergencies. OISD STD 117 (Amendment 2010) stipulates that an Emergency Kit consisting of identified safety items shall be provided at Depots / Terminals and shall be readily available. List of items mentioned in the Emergency Kit also include Non Sparking Tools and Mechanical Tool Kit. Applicable Codes and Standards The tools shall meet the specifications and standards (including standards / specification mentioned therein) listed in this tender. The successful bidder shall execute the order based on the detailed Technical Specification and Data Sheets for each of the items specified elsewhere in the tender document. Page 3 of 24 Signature of Tenderer with Seal & Date Special Instructions 1. WORKMANSHIP AND FINISH All items supplied shall have good workmanship and finish. 2. INFORMATION/DOCUMENTS REQUIRED FROM VENDOR 2.1 AT THE TIME OF SUPPLIES 2.1.1 Three sets of documents (duly certified) to be provided. 2.1.2 Operating and Instruction manuals of the manufacturer 2.1.3 Guarantee / Warranty certificate 3. INSPECTION & TESTING All the equipment/item under Bidder Scope of supply shall be shop tested according to the relevant standards. All the certificates shall be accompanied with the materials being despatched to respective sites. The items under the scope of supply of this tender shall be inspected by TPI (to be appointed by the bidder from approved TPI list). The bidder shall furnish in his offer the detailed QAP/ITP. Bidder shall arrange all facilities required during inspection and testing at his cost. The vendor shall refer the scope of TPI/QAP provided along with the specification for each item. All ISI approved items shall carry ISI stamping. The qualified bidder shall submit the copy of valid ISI License where ever applicable. The vendor shall provide the necessary drawings, valid certificates like UL listing/FM/VDS approvals where ever applicable. All the items in scope of supply shall be carefully examined to determine their conformance with the specification with respect to material and workmanship, finish, marking, ratings, dimensions, etc. and to assess their conformance with other requirements stated or reasonably implied but not covered by the specific tests. At the Time of Supplies following documents / drawings shall be submitted. a. All inspection and testing records. b. Operating and instruction manual. c. Testing and maintenance procedure/manual. In respect of the items procured from different vendors, Test Certificates, Operating Manuals and other records submitted shall be accepted. These Page 4 of 24 Signature of Tenderer with Seal & Date certificates and the conformance to the relevant standards shall be verified by the Third Party Inspecting agency. Owner‟s representative may witness the inspection along with the third party. Therefore, vendor shall intimate the owner three weeks in advance for such inspection. The third party inspection charges shall be borne by the vendor. HPCL shall have the right to inspect/ witness the tests at various stages of fabrication /manufacture/ installation. The inspection shall be carried out at suppliers‟ works / his sub Bidder/ Contractor's works/ site. Inspection of the item shall be done only with a view to ensuring that the same is manufactured, tested and supplied as per prescribed specifications. Scope of inspection includes the following: • 4. 5. Positive Material Identification (PMI) test for 10% of the individual items in the kits in each category. • Visual and dimensional check-100% witness by TPIA Approved Third Party Inspection Agency: BV / DNV/ CEIL / Lloyd‟s/ IRS /UL/TUV/FM Commissioning and Training: The owner shall give commissioning call through e-mail/ Fax to the vendor, the vendor shall depute their representative within 10 days of the commissioning call failing which owner may proceed ahead with commissioning through other party at the risk and cost of the vendor. The broad scope of commissioning includes but not limited to the following: a. Basic Training to Operating Personnel at Site b. Checking of functionality of all equipment. c. Commissioning spares, if applicable has to be provided by the vendor and the same is deemed to be included in the quoted rate. d. Commissioning report to be prepared and jointly signed by vendor and owner. Vendor shall also impart training to the team of employees designated by the location in charge at each location. Training shall include the basic function of the equipment, method of usage, do‟s & dont‟s etc., 6. Packing and dispatch All the equipment including this tender shall be properly packed for protection and ease of handling during transportation to ensure that no damage is caused. Properly packed equipment / material dispatched together to the respective destinations. Special notation such as “Fragile”, “This side up”, “Center of gravity”, “Weight‟, “Owner‟s particulars‟, „PO no.” etc. shall be clearly and indelibly Page 5 of 24 Signature of Tenderer with Seal & Date marked on the packages together with other details as per purchase. A set of instruction manuals for erection, testing and commissioning, a set of operation and maintenance manuals and a set of final drawings shall be enclosed in a waterproof cover along with the shipment. Terms & Conditions 1.0 DELIVERY PERIOD: Timely implementation of the project is essence of this contract. Hence those bidders having requisite capacity and capabilities and genuinely interested to meet the stipulated timelines are requested to participate in the tender. Delivery period – The delivery period for the Mechanical Tool Kits to all locations as per scope of this tender shall be 4 (FOUR) months from the date of LOI Preparation of drawings/ Data Sheet & QAP, review and approval by Owner is included within the completion period. Owner shall take a min. of one week‟s time for review and approval of Data sheet/drawing/QAP from the date of receipt of documents. 2.0 INFORMATION REQUIRED WITH BIDS The following details are required to be submitted along with offer: a. Copy of Annual Report for last three years ending with Mar‟11. For the bidders following financial year closing at the end of June or September or December, the last 3 financial years ending with the respective quarter of 2010-11 will be considered. b. List of Exceptions & Deviations c. Documents in support of meeting Bid Qualification Criteria (BQC) as per Clause 1.1 of BQC Section shall be as under (i) Notarized copy or original Purchase/work Order /certified bills from client/inspection release note from owner / project consultants/third party inspection agency indicating completion of the project / successful execution of the work orders. The Purchase/work Order and completion certificate should mention the details of jobs carried out by the applicant so as to enable HPCL to identify whether the applicant(s) meets the technical criteria stipulated above or not. (ii) Any other document certified by the owner/client (for whom the job has been executed) specifically having mention of the jobs carried out in support of meeting the technical criteria stipulated above. (iii) Parent Company Guarantee (if applicable) Page 6 of 24 Signature of Tenderer with Seal & Date Note: The documents 1.2 of BQC and when evaluation 3.0 Bidder shall be in a position to furnish the original towards copies submitted in respect of Clause No. 1.1 & Section, mentioned elsewhere in this tender document, as required and asked to produce during the process of BID CLARIFICATIONS/AMENDMENTS BY HPCL 3.1 HPCL may issue clarifications/amendments in the form of addendum/corrigendum during the bidding period and may also issue amendments subsequently. For the addendum/corrigendum issued during the bidding period, the bidders who have already submitted their bids, shall confirm the inclusion of addendum/corrigendum in their bid. Bidder shall follow the instructions issued along with addendum/corrigendum. 3.2 Bidders shall examine the Bidding Document thoroughly and submit to HPCL any apparent conflict, discrepancy or error. HPCL shall issue appropriate clarifications or amendments, if required. Any failure by Bidder to comply with the aforesaid shall not excuse the Bidder from performing the Services in accordance with the contract if subsequently awarded. Online queries can be posted on e-proc site https://etender.hpcl.co.in/ till the cut off time mentioned in the tender calendar. Only queries posted online up to the specified time in tender calendar shall be entertained and the replies/clarification(s) shall be posted on the message board at eproc site. 3.3 Addenda/Corrigenda, if any, shall be made available at the web site “www.hindustanpetroleum.com” and uploaded to the site “https://etender.hpcl.co.in/”. No separate press notice shall be given. 4.0 EVALUATION OF UNPRICED BIDS (Techno Commercial Evaluation) The bids shall be evaluated on the basis of the following criteria: 4.1 RECEIPT OF BID Bids received late i.e. after due date and time, due to any reason (s) whatsoever shall be rejected. Bids received without requisite EMD (as specified in tender/NIT) shall also be rejected. 4.2 DEVIATIONS TO TENDER REQUIREMENTS The bidders are required to submit offers strictly as per the terms and conditions/specifications given in the Bidding Document and not to stipulate any deviations. The offer of bidders stipulating deviations to any of the following terms/conditions will not be considered for priced bid opening. However, HPCL reserves the right to give opportunity to bidder for withdrawal of deviation to the following clauses. In case, Page 7 of 24 Signature of Tenderer with Seal & Date bidders refuse to withdraw the deviation against following clauses, the offers shall be rejected without any further correspondence with them. i. ii. iii. iv. v. vi. vii. viii. Security Deposit Force Majeure Liquidated Damages Retention Money & PBG Arbitration Integrity Pact Firm Prices Price change/ implication by the bidder unilaterally after submission of bid. ix. Guarantee / Warranty 4.2.1 To assist in the examination, evaluation and comparison of bids, the owner may at its discretion, ask the bidder clarifications on the bid. The request for such clarifications and responses shall be thru e-mail, fax, query in e-proc system. 4.2.2 Conditional bids are liable to be rejected. 4.2.3 In case Bidders wish to stipulate any deviation to Bidding Document requirements other than those stated above, they shall indicate the same in the Bid form provided at the e-proc site for this purpose. Bidder shall note that clarification / queries / deviations mentioned elsewhere in the offer shall not be given any cognizance. However HPCL reserves their right to reject bids containing deviations to any of the Bidding Document stipulations. 5.0 UNSOLICITED POST BID MODIFICATION Bidders are advised to quote strictly as per terms and conditions of the Bidding Document and not to stipulate any deviation / exceptions. After the bid due date and time, the bidders shall not make any subsequent price changes, whether resulting or arising out of any technical / commercial clarifications sought/allowed on any deviations or exceptions mentioned in the bid. The Bidder may modify or withdraw before the due date of submission modification including substitution the owner prior to the due date submission of bids. its bid after the bid submission, but provided that written notice of the or withdrawal of bid is received by and time/ deadline prescribed for No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of the bid validity specified by the bidder on the bid form. Withdrawal of the bid during this interval shall result in forfeiture of bidder‟s bid security. Page 8 of 24 Signature of Tenderer with Seal & Date 6.0 DETERMINATION OF RESPONSIVENESS i) Prior to the financial evaluation of bids, HPCL will determine whether each bid is substantially responsive to the requirements of the Bidding Document. ii) For the purpose of this Clause, a substantially responsive bid is one which conforms to all the terms and conditions and specifications of the Bidding Document including bid qualification criteria without material deviation or reservation. A material deviation or reservation is one which affects in any substantial way the scope, quality, or performance of the works or which limits in any substantial way, inconsistent with the Bidding Document, the HPCL‟s rights or Bidder‟s obligation under the Contract and retention of which deviation or reservation would affect unfairly the competitive position of other bidders presenting substantially responsive bids. iii) If a bid is not substantially responsive to the requirements of the Bidding Document, it may be rejected by HPCL. Such rejection may be intimated to the Bidder. iv) The bidder shall supply all the items in totality as per scope of this tender. Failure to confirm supply any of the individual item(s) shall be treated as an incomplete bid and such bid shall be disqualified. 7.0 EVALUATION OF PRICE BIDS 7.1 The “PRICE BIDS” of only substantially responsive bidders and techno – commercially accepted bids shall be considered for opening. 7.2 Bidders shall quote the prices in Indian Rupees only. 7.3 HPCL reserves their right to extend purchase/price preference to NSIC/Public Sector Enterprises as admissible under the existing policies of Government of India as on the date of opening un-priced bids. 7.4 HPCL reserves their right to negotiate the quoted prices with lowest bidder. 7.5 HPCL reserves the right to delete/reduce any of the items in the Schedule of Rates at the time of placement of Fax of Intent/Purchase Order. The decision of HPCL shall be final and binding. 8.0 REBATE No suo-moto reduction in prices quoted by bidder shall be permitted after opening of the bid. If any bidder unilaterally reduces the prices quoted by him in his bid after opening of bids, the bid (s) of such Page 9 of 24 Signature of Tenderer with Seal & Date bidder(s) will be liable to be rejected. Such reduction shall not be considered for comparison of prices but shall be binding on the bidder in case the bidder happens to be a successful bidder for award of work. 9.0 VERIFICATION BY OWNER All statements submitted by Bidder regarding experience, manpower availability, equipment and machinery availability etc., are subject to verification by the Owner either before placement of order or after placement of order. If any data submitted by the Bidder at the bid stage is found to be incorrect, the offer is liable to be rejected or the Contract is liable to be terminated. 10.0 NOTIFICATION OF AWARD Prior to the expiration of the period of bid validity, the Owner will notify the successful Bidder by email/ fax to be confirmed by letter that their bid has been accepted in the form of "Letter of Intent (LOI)" 11.0 AWARD OF CONTRACT/PURCHASE ORDER The Owner will award the Purchase Order/ Contract to the successful Bidder at the rates quoted by the bidder/ negotiated rate, if any. Following shall form the part of Purchase order a. LOI b. Agreed Deviations, if any c. Time Schedule d. GTC e. Technical Specifications f. Drawings g. Integrity Pact h. Schedule of Quantities & Rates i. Instruction to Bidders Any other documents relevant for the execution of the contract. 12.0 EXCLUSION: Unloading at site 13.0 PAYMENT TERMS: Material shall be dispatched to site along with the following documents: Delivery Challan / Lorry receipt duly acknowledged by our site Manufacturer‟s Test Certificate and copy of certificates from Statutory authorities Third Party Inspection/ Clearance report Manufacturer‟s Guarantee Certificate & PBG Operation Manual, drawings and other related documentation Page 10 of 24 Signature of Tenderer with Seal & Date 90% payment shall be made within 15 days of receipt of bill at our Disbursement Section at Hindustan Bhawan, 4 th Floor, Ballard Estate, Mumbai- 400 001. Balance 10% payment shall be released after demonstrating and imparting training as per clause 5 of Special Instructions. 14.0 TRANSIT INSURANCE: To be arranged by vendor 15.0 PERFORMANCE GUARANTEE: Supplies shall be fully guaranteed against any manufacturing defects/poor workmanship/inferior design or quality etc., for a period of 12 months from the date of delivery or 18 months from the date of supply, whichever is earlier During this period seller will arrange to repair/replace any defective part at free of cost or replace complete set if required. 16.0 The materials are required to be supplied on “Door Delivery Basis” to the respective locations. Note: Successful vendor shall supply the materials along with manufacturing test certificate and guarantee / warranty certificate. Emergency Kit Trolley a. Owner‟s logo and “Emergency Kit” written in bold on both sides b. Location Name c. Name plate containing following details i. Name of the supplier ii. P.O Reference No. iii. Serial Number. iv. Month & year of manufacture 17.0 Where ever ISI marking has been mentioned, the bidder shall provide valid copy of the BIS license. The same shall be applicable for FM/UL/CE or other approvals. 18.0 The successful bidder shall submit all drawings/ data sheet and QAP for owner‟s approval within 15 days of LOI. 19.0 Prebid meeting Prebid meeting is organised as per the dates mentioned above. Advance intimation on the time, date and venue will be given to bidders. During the prebid meet salient features of the Tender will be informed and techno commercial clarifications pertaining to the tender will be answered. Page 11 of 24 Signature of Tenderer with Seal & Date 20.0 Queries and Clarifications: Any query or clarification with regard to this tender may please be referred to below address & phone nos. on any working day during office working hours For Commercial queries J D CHANDRAKUMAR Manager – Procurement Hindustan Petroleum Corporation Ltd, Gresham Assurance House , 2nd Floor , Sir P M Road,Fort , Mumbai - 400 001. India Phone: 91-22-22608520/30 Fax: 91-22-22642352 E Mail : jdchandrakumar@hpcl.co.in For Technical queries K. SOMASEKHARA RAO Sr Manager-HSE Operations & Distribution Dept. Hindustan petroleum corp.Ltd. 8,S.V.Marg, Ballard Estate O & D Dept. MUMBAI - 400001 E mail: raoks@hpcl.co.in Page 12 of 24 Signature of Tenderer with Seal & Date Bid Qualification Criteria 1.0 BID QUALIFICATION CRITERIA: The bidder shall meet all of the criteria mentioned in Clauses 1.1 & 1.2 1.1 Previous Order Value Bidder should have successfully carried out and completed similar work(s), during the last five years reckoned from due date of tender opening, meeting any of the criteria(s) as stated in Clause 1.1.1 to 1.1.3. Single largest order shall be for supply of 10% of the tender requirement, in the last 5 years from the. Accordingly, minimum quantity for PQC criteria against respective items shall be as given below: Sl No Item Description 1 Non Sparking Tools Qty PQC Required criteria 69 7 2 Mechanical Tool Kit Notes for Clause 1.1 69 7 For the purpose of evaluation of Clause 1.1, following shall be treated as one similar work a. Multiple orders at single/multiple location(s) but through single bid process/tender. b. Single work order for multiple locations. Note: In case the Work Order/ PO amount(s) are in not in INR, the currency shall be converted to INR based on the Exchange Rate (TT Selling Rate of SBI, Mumbai) as on the Bid Due Date. Criteria for similar work(s) a. Vendors/Bidders must be manufacturer or manufacturer‟s authorised representative for supply of the items included in the tender. b. The manufacturer / their authorized distributor shall meet the PQC criteria and copies of P.O / performance certificates issued in their name shall be attached. c. The Vendor/Bidder must have supplied the Non Sparking tools and Mechanical tool kits to any Petroleum, Petrochemical, gas processing or fertilizer industry, Government Organization or any other Industry. 1.2 Annual Turnover: The Bidder shall meet the minimum prescribed financial pre-qualification requirement as follows: Page 13 of 24 Signature of Tenderer with Seal & Date The average Annual financial turnover, as per audited balance sheet and Profit & Loss account, for the last three financial years ending March, 2011 shall be at least R 41.4 Lakhs. For the vendors following financial year closing at the end of June or September or December, the last 3 financial years ending with the respective quarter of 2010-11 will be considered. 1.3 Bidder shall furnish documentary evidence i.e. copies of work orders / relevant pages of contract, completion certificate/inspection release note from their clients/consultant, annual reports containing audited balance sheets and profit & loss accounts statement in support of their fulfilling the bid qualification criteria. HPCL reserve the right to complete the evaluation based on the details furnished without seeking any additional information. Important Note: In respect of largest value orders, copies of Purchase Orders as well as Performance certificates issued by the respective purchasers also shall be attached. In the absence of any one of the above two documents, the bid is liable for rejection. 2.0 Other Information 2.1 Parties who are affiliates of one another can decide which Affiliate will make a bid. Only one affiliate may submit a bid. Two or more affiliates are not permitted to make separate bids directly or indirectly. If 2 or more affiliates submit a bid, then any one or all of them are liable for disqualification. However up to 3 affiliates may make a joint bid as a consortium, and in which case the conditions applicable to a consortium shall apply to them. “Affiliate” of a Party shall mean any company or legal entity which: (a) Controls either directly or indirectly a Party, or (b) Which is controlled directly or indirectly by a Party; or (c) Is directly or indirectly controlled by a company, legal entity or Partnership which directly or indirectly controls a Party. “Control” means actual control or ownership of at least a 50% voting or other controlling interest that gives the power to direct, or cause the direction of, the management and material business decisions of the controlled entity. 2.2 Bids may be submitted by: a) A single person/ entity (called sole bidder); b) A newly formed incorporated joint venture (JV) which has not completed 3 financial years from the date of commencement of business; Page 14 of 24 Signature of Tenderer with Seal & Date c) A consortium (including an unincorporated JV) having a maximum of 3 (three) members; d) An Indian arm of a foreign company. 2.3 Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders are stated below, respectively: a) The sole bidder (including an incorporated JV which has completed 3 financial years after date of commencement of business) shall fulfil each eligibility criteria. b) In case the bidder is a newly formed and incorporated joint venture and which has not completed three financial years from the date of commencement of business, then either the said JV shall fulfil each eligibility criteria or any one constituent member/ promoter of such a JV shall fulfil each eligibility criteria. If the bid is received with the proposal that one constituent member/ promoter fulfils each eligibility criteria, then this member/promoter shall be clearly identified and he/it shall assume all obligations under the contract and provide such comfort letter/guarantees as may be required by Owner. The guarantees shall cover inter alia the commitment of the member/ promoter to complete the entire work in all respects and in a timely fashion, being bound by all the obligations under the contract, an undertaking to provide all necessary technical and financial support to the JV to ensure completion of the contract when awarded, an undertaking not to withdraw from the JV till completion of the work, etc. c) In case the bidder(s) is/are a consortium (including an unincorporated JV), then the following conditions shall apply: i. Each member in a consortium may only be a legal entity and not an individual person; ii. The Bid shall specifically identify and describe each member of the consortium; iii. the consortium member descriptions shall indicate what type of legal entity the member is and its jurisdiction of incorporation (or of establishment as a legal entity other than as a corporation) and provide evidence by a copy of the articles of incorporation (or equivalent documents); iv. One participant member of the consortium shall be identified as the “Prime member” and contracting entity for the consortium; Page 15 of 24 Signature of Tenderer with Seal & Date v. This prime member shall be solely responsible for all aspects of the Bid/ Proposal including the execution of all tasks and performance of all consortium obligations; vi. The prime member shall fulfil each eligibility criteria; vii. a commitment shall be given from each of the consortium members in the form of a letter signed by a duly authorized officer clearly identifying the role of the member in the Bid and the member‟s commitment to perform all relevant tasks and obligations in support of the Prime/lead member of the Consortium and a commitment not to withdraw from the consortium; viii. No change shall be permitted in the number, nature or share holding pattern of the Consortium members after prequalification, without the prior written permission of the Owner. ix. No change in project plans, timetables or pricing will be permitted as a consequence of any withdrawal or failure to perform by a consortium member; x. No consortium member shall hold less than 25% stake in a consortium; xi. Entities which are affiliates of one another are allowed to bid either as a sole bidder or as a consortium only; xii. Any person or entity can bid either singly or as a member of only one consortium. d) In case the bidder is an Indian arm (subsidiary, authorized agent, branch office or affiliate) of a foreign bidder, then the foreign bidder shall have to full fill each eligibility criteria. If such foreign company desires that the contract be entered into with the Indian arm, then a proper back to back continuing (parent company) guarantee shall be provided by the foreign company clearly stating that in case of any failure of any supply or performance of the equipment, machinery, material or plant or completion of the work in all respects and as per the warranties/ guarantees that may have been given, then the foreign company shall assume all obligations under the contract. Towards this purpose, it shall provide such comfort letter/guarantees as may be required by Owner. The guarantees shall cover inter alia the commitment of the foreign company to complete the entire work in all respects and in a timely fashion, being bound by all the obligations under the contract, an undertaking to provide all necessary technical and financial support to the Indian arm or to render the same themselves so as to ensure completion of the contract when awarded, an undertaking not to withdraw from the contract till completion of the work. Page 16 of 24 Signature of Tenderer with Seal & Date TECHNICAL SPECIFICATIONS Item No. 1 : Non Sparking Tools Quantity: One set Non-Sparking Tools for application in explosive potential environments. All tools should be forged after casting & complete non magnetic. Tools should be corrosion resistant suitable for application in corrosive environments. The tools should be ergonomic designed to make operations easier, more comfortable and faster. Non Sparking Tools should be made from Copper-Beryllium Alloy material. Copper Beryllium Alloy composition shall be : Copper Be/Ni Others Hardness Tensile Strength : Minimum 97 % : Max 2.5 % : Max . 0.5% : 35 - 40 HRC : 1250 N/mm2 The complete should be supplied in a easy to carry wooden box and should be consist of one number each of the following items as mentioned below – 1) Shoe handle brush 2) 9” Crate opener 3) 16 oz Claw hammer with fiberglass handle 4) Common knife 5 ¾ Blade 5) 10 ¾ OAL 6) 12” Groove Joint Plier 7) 7” Long nose pliers with cutters 8) 8” combination Pliers 9) Deck scraper 10) 1 ½” Blade 11) Spray booth scraper 12) 3” blade x 9 ¼” long 13) Std Screwdriver 5/16” Tip 14) 6” Blade 15) 3” Phillips Screwdriver 16) 12” Tin Snips 17) 8” Adjustable Wrench 18) 12” Adjustable Wrench 19) 14” Pipe Wrench (Aluminum) 20) 12” Bung Wrench (Fits ¾” x 2”) Page 17 of 24 Signature of Tenderer with Seal & Date The manufacturer should be an ISO 9001:2000 certified company and should certificate of testing the metallurgy of the Non Sparking Tools from a reputed Laboratory. Positive Material Identification (PMI) test for 10% of the individual tools supplied in the kit. • Visual and dimensional check-100% witness by TPIA Vendor shall submit test certificate for composition, tensile strength & HRC from one of the approved Third party Agencies along with the bid. The wooden box for housing the tools shall have suitable slots engraved inside to the profile of the individual items. The items shall be neatly packed in the respective slots. The box shall also have locking arrangement. Item No. 2 : Mechanical Tool Kit Quantity : One set Everest /Godrej/Taparia or equivalent mechanical tool kit as per the quantity mentioned below : 1.0 Screw Drivers - Set should consist of screw drivers of 12 different sizes 2.0 Adjustable Spanner – Set of 5 of different size 3.0 Ball Pen Hammer – 2 Nos. 4.0 Multipurpose combination Pliers – 2 Nos. 5.0 Bolt Cutter – 1 No. each of different sizes - 200 mm / 300 mm / 350 mm / 450 mm / 600 mm / 700 mm / 900 mm / 1050 mm / 1200 mm 6.0 Sheet Cutter - 1 No. each of different sizes – 10 mm / 12 mm / 14 mm 7.0 Double end Spanner with ribs – Set of 16 different types 8.0 Hack Saw Cutter – 1 No. 9.0 Spare Hack Saw Blade – 10 Nos The wooden box for housing the tools shall have suitable slots engraved inside to the profile of the individual items. The items shall be neatly packed in the respective slots. The box shall also have locking arrangement. Page 18 of 24 Signature of Tenderer with Seal & Date Annexure II Zone North Sr.No. 1 2 3 4 5 6 7 8 South 1 Central 2 3 4 5 6 7 8 9 10 11 12 13 14 West 1 2 3 4 5 6 7 8 9 10 11 12 13 Cum 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 List of Locations Location Bahadurgarh Bijwasan Rewari Jammu Pampore (Srinagar) Bhatinda Jallandhar Sangrur Hassan Vijayawada Secunderabad (Ghatkesar) Rajamundary Suryapet Visakh (BOT) Mangalore Guntakal Cuddapah Desur (Belgaum) Bengaluru Gulbarga(New) Navallur (Hubli) Ramagundam Loni (Pune) Vashi (Navi Mumbai) Mahul (Mumbai) Wadala (Mumbai) Hazarwadi (Miraj) Nagpur (Khapri) Sholapur (Pakni) Manmad (Panewadi) Jabalpur (Bhitoni) Indore (Manglia) Rairu (Gwalior) Sagar Akola (Gaigaon) Page 19 of 24 State Haryana Delhi Haryana J&K J&K Punjab Punjab Punjab Karnataka A.P A.P A.P A.P A.P Karnataka A.P A.P Karnataka Karnataka Karnataka Karnataka A.P Maharastra Maharastra Maharastra Maharastra Maharastra Maharastra Maharastra Maharastra M.P M.P M.P M.P Maharastra Signature of Tenderer with Seal & Date Zone South Sr.No. 1 2 3 4 5 North 1 West 2 3 4 5 6 7 8 9 East 1 2 3 4 5 6 7 8 9 10 North 1 Central 2 3 4 5 6 7 8 9 10 Cum 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Location Irumpanam (Kochi) Elathur (Kozhikode) Irugur (Coimbatore) Kappalur (Madurai) Tirunelveli Jaipur Palanpur Mundra Ajmer Kandla Hazira Nandesari Bharatpur Salawas Kolkata I Haldia Rajbandh Betkutchi Mandir Hasaud (Raipur) Bilaspur Somnathpur (Balasore) Cuttack Paradeep Rourkela Barauni Amousi (Lucknow) Gonda Karari Meerut Najibabad Baitalpur Mathura Aonla Mughalsarai Total - 69 Sets Page 20 of 24 State Kerala Kerala Tamil Nadu Tamil Nadu Tamil Nadu Rajastan Gujarat Gujarat Rajastan Gujarat Gujarat Gujarat Rajastan Rajastan West Bengal West Bengal West Bengal Assam Chhattisgarh Chhattisgarh Orissa Orissa Orissa Orissa Bihar U.P U.P U.P U.P U.P U.P U.P U.P U.P Signature of Tenderer with Seal & Date PARENT COMPANY GUARANTEE This GUARANTEE (“Guarantee”) is issued on the _____ day of ______ , ___ by _______________________, a Company organized and existing under the laws of ___________ having its Registered Office at ___________________________ (hereinafter referred to as “Guarantor” and/or “__________________”), at the request and/or behest of _______________________, a Company organized and existing under the laws of _________________ having its Registered Office at ____________________ (hereinafter referred to as “Indian arm”), in favour of Hindustan Petroleum Corporation Limited, a listed Public Limited Company organized under the laws of India having its Registered Office at Petroleum House, 17, Jamshedji Tata Road, Churchgate, Mumbai – 400 020 (hereinafter referred to as “Beneficiary” or “HPCL”). WHEREAS: The Beneficiary floated a global tender dated __________ inviting offers from Vendors for ________________(purpose). The Indian arm have submitted their quotation dated _________ and advised the Beneficiary that the Indian arm is the subsidiary/ authorized agent/ branch office/ affiliate* of the Guarantor. The Guarantor vide its letter dated __________ informed the Beneficiary that its Indian arm, will quote and participate in the tender in their place and desire that the contract be placed by the Beneficiary on the Indian arm. For this reason, the Guarantor is ready and willing to give a Parent Company Guarantee (PCG) inter alia for the performance of their Indian arm to the terms and conditions of the tender and on failure to assume the said obligations. . We, the Guarantor are hereby recording the terms and conditions governing our obligations under this Guarantee with the intent of being legally bound by the same and hereby agree, covenant and bind ourselves as follows:1. The Guarantor hereby irrevocably and unconditionally guarantees to HPCL that its wholly owned Indian arm Company will perform its obligations under the terms and conditions of the tender, if the contract is being awarded to them in future for ___________ and agrees to provide further comfort letters/ guarantees, if so desired by beneficiary, in terms of the tender. 2. The Guarantor unconditionally and irrevocably guarantees to the Beneficiary that it will make available or cause to be made available to the Indian arm all financial, technical and other resources required to ensure that the Indian arm can carry out its obligations as per the tender terms and conditions and that the Indian arm at all times fully and effectively discharge its obligations under the terms and conditions of tender, including by discharging the obligations within the time and cost so stipulated. Page 21 of 24 Signature of Tenderer with Seal & Date 3. The Guarantor hereby agrees that if the Indian arm shall in any respect commit any breach or fails to fulfill any of the terms of the Contract/Tender or complete it in all respects or if there is a failure to make any supplies or if any material, equipment or machinery under the contract so supplied is not of the required specifications or does not perform as envisaged under the contract, then the Guarantor will forthwith perform the same and fulfill all the obligations required under tender terms & conditions on behalf of their Indian arm, without any extra cost and time implications. 4. The Guarantor further undertakes to indemnify all losses, damages, expenses, claims, costs and proceedings which may be suffered or incurred by Beneficiary due to the failure or breach on the part of its Indian arm Company. 5. The Guarantor assures and undertakes that during the term of the contract or of any guarantee for performance as per the contract, the Indian arm shall continue to be the subsidiary/ authorized agent/ branch office/ affiliate* of the Guarantor and the Guarantor‟s liability shall not be affected due to any incapacity or lack of power or legal personality or change in the status of the Indian arm or the Guarantor. 6. The Guarantor‟s liabilities under this Guarantee shall not exceed the liability of the Indian arm under the tender terms and conditions but this shall in any manner not affect the Guarantor‟s own responsibilities and liabilities under the Guarantee. 7. The obligation of the Guarantor shall take effect from the date of this Guarantee and shall remain in full force until all the obligations of the Indian arm have been fully performed and discharged and/or all sums of money payable to Beneficiary have been fully paid under the contract being entered into by Beneficiary with the Indian arm Company. The Guarantor further undertakes to perform forthwith without insisting on any proof of breach of Contract by its Indian arm Company and purely relying on Beneficiary‟ s written demand. 8. The liabilities of the Guarantor shall not be discharged, diminished or otherwise affected by:(a) (b) Any change in the Articles of Association or Bye-Laws or constitution of the Indian arm Company or the Guarantor. Any time, indulgence, waiver or consent given to Indian arm Company by the Beneficiary. Page 22 of 24 Signature of Tenderer with Seal & Date (c) Any amendment to the Contract or any security or other guarantee or indemnity to which Indian arm Company has agreed. (d) The dissolution, amalgamation, reconstruction or reorganization of Indian arm Company or Guarantor. 9. NOTICE: Any notice, demand, declaration or other communication to be given by the Beneficiary or the Guarantor to the other shall be in writing, in English language and delivered in person or by Air Mail or by Courier Services or by Facsimile or by E-Mail to the address given below :For Guarantor Attention of Mailing Address Email Address Fax No. For Beneficiary Attention of Mailing Address Email Address Fax No. 10. GOVERNING LAW AND JURISDICTION: This Guarantee shall be exclusively governed by and construed in accordance with the laws of India without giving effect to the principles of conflict of laws therein. No party shall take a plea that any forum is inconvenient. It may be enforced in terms of the Indian laws. 11. DISPUTE RESOLUTION Any dispute arising out of or in relation to this Guarantee shall be resolved by arbitration of a sole arbitrator to be appointed as per the rules set out in the tender document. 12. This Guarantee may be executed in one or more counterparts, all of which shall be read and construed as one document and any fax copy or scanned copy or print of a scanned copy of a signed Guarantee shall be deemed to be an original signature. Page 23 of 24 Signature of Tenderer with Seal & Date 13. No modification, alteration or amendment of this Guarantee or any of its terms or provisions shall be valid or legally binding unless the Beneficiary consents to the same in writing. 14. No failure to take any action with respect to a breach of this Guarantee or a default by any other party shall constitute a waiver of the Beneficiary‟s right to enforce any provision of this Guarantee or to take action with respect to such breach or default or any subsequent breach or default. 15. Waiver of any breach or failure to comply with any provisions of this Guarantee shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of or failure to comply with any other provision of this Guarantee, unless any such waiver has been consented to by the concerned party in writing. 16. This document has been executed by a duly authorized signatory on behalf of the Guarantor having the requisite power to do so. IN WITNESS WHEEOF the Guarantor has duly executed this Guarantee as at the date first above written. For and on behalf of Guarantor, __________________________ Witness (Signature) Signature : Name : Designation Date : : Note: * Strike off that which is not applicable and retain the correct relationship between Guarantor and Indian arm. Page 24 of 24 Signature of Tenderer with Seal & Date