Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Corrigendum 1 Tender Ref.: 12000115-HD-10002 Corrigendum Ref. No.: 1 Date: August 16, 2012 Following addendum may please be noted. 1. HPCL Response to Bidder Queries raised during the pre-bid meeting held on 9th August 2012 & submitted via email till 13th August 2012 ( last date of submission of queries) is attached herewith as Annexure-I. Page 1 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Annexure I HPCL Responses to Bidder Queries raised during the pre-bid meeting held on 9th August 2012 & submitted via email till 13th August 2012 (last date of submission of Queries) Following representatives were present: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Sr. No. Mr. D. P. Chandra, Sr. Manager (O&D), HPCL Mr. J.D.Chandrakumar, HPCL Mr. Sudhir Deshpande, MIPL Mr. Sarang, MIPL Mr.Jitendra Hariramani, M/s AGC Networks Ltd. Mr.Manesh, M/s ARS Software Mr.Vinay Deshpande, M/s Aumetrix Mr.Kiran Shiveshwar, M/s Crystal Solutions Mr.Vidhy, M/s Godrej Locking Solutions Mr.Santhosh, M/s HCL Infosystems Ltd. Raised By 11. Mr.Amit S, M/s Micro Technologies 12. Mr.Vyankatesh Adarkar, M/s Neural Integrated Systems Pvt. Ltd. 13. Mr.Dharmesh Joshi, M/s Orpak Systems 14. Mr.Kiran Pawar, M/s Simple e Technologies 15. Mr.R. Narayanan, M/s Sterna Security 16. Mr.Indranil Guha, M/s System Controls 17. Mr.Nitin Bihani, M/s TCS 18. Mr.Rohit Daveson, M/s Wipro Ltd. Query HPCL Response 1 ARS [Page No.18; Point:7.4 - "For this purpose, the vendor shall depute one no. qualified engineer at each of the terminals for the total contract period (including the AMC period)"] Can this be a floating person in charge of multiple terminals? Is the man power requirements limited to terminals only? Tender terms shall prevail. 2 ARS [Page No.19; Point:8.1 - "Well-documented failure-to safety policy framework"] Could failure to safety policy elaborated further? This must mostly be concerned with the equipment on the tanker and requirements at sensitive locations (depots, RO etc). Is it applicable to data center operations as well. Conformance to Failure-to-Safety policy framework shall mean that in the event of a failure, the components should respond in a way that will cause no harm, or at least a minimum of harm, to other components, systems or danger to personnel. The policy shall be adhered to wherever applicable. Page 2 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 3 ARS [Page No.21; Point:9.2 - "Network connectivity shall be via HPCLWAN. Network communications shall utilize TCP/IP network communications Protocol"] Is the Central server(s) expected to be hosted in a data center managed by HPCL? How is networking and fault tolerance requirements met by this infrastructure ( if available)? The Central Server shall be hosted in HPCL premises (not necessarily in the data center). The networking & its fault tolerance infrastructure at the hosting site shall be within HPCL's scope. 4 ARS [Page No.21; Point:9.2 - The Hardware shall be designed so that there is no single point of failure that can cause operations to be disrupted] Does this include network hardware and redundancy to connectivity? Yes. It includes the network & connectivity. 5 ARS Yes. The deployment, customization & maintenance (including updates & upgrades) of the software shall be vendor's responsibility. 6 ARS [Page No.22; Point:9.3 - "The software provided by the vendor to operate the system shall be delivered in a ready-to-run form, including all necessary utility programs and documentation"] Please confirm if deployment/ maintenance of software in the servers in undertaken by the bidder itself [Page No.22; Point:9.3] Briefing on iBACS functions will be useful to understand the system 7 ARS [Page No.22; Point:9.3 - "The vendor shall provide the source code of all customizations, reports,"] Please confirm if this limited to IT assets owned by HPCL . TTLS will be using inhouse components with closed source Please refer to response to Q.No.48 in this regard. 8 ARS [Page No.22; Point:9.3 - "The vendor shall conduct knowledge transfer sessions / training programs for HPCL IS staff, with the perspective of system administration and application management."] Will the system administered by HPCL IS staff? How will they interface with the 24/7 maintenance services provided by the vendor? Though the system administration & maintenance of the system during the warranty & AMC period is the responsibility of the vendor, the HPCL IS staff is to be trained as per the specific requirement. 9 ARS [Page No.24; Point:9.4 - "The system should have capability of integration with existing fire alarm system. And should follow NFPA guidelines requiring that a)the activation of the fire- The statement "The system should have capability of integration with existing fire alarm system. And should follow NFPA guidelines requiring that a)the activation of Page 3 of 36 The statement "About 100 users are likely to work concurrently on the iBACS application software." stands deleted. Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response protective signaling system must automatically unlock the egress doors and b) the doors must remain unlocked until the fire protective signaling system has been reset"] More information is requested for this requirement. Is it pertaining to the server environment? What is the interface to the fire alarm system and what are the capabilities? [Page No.25; Point:10.6 - "Wireless ( when in terminal)"] Aren’t safety norms at terminals applicable here? Is wireless (say Bluetooth) connectivity permissible in the vicinity? the fire-protective signaling system must automatically unlock the egress doors and b) the doors must remain unlocked until the fire protective signaling system has been reset" stands deleted. [Page No.25; Point:10.9 - "The app can be designed for Symbian, Java, Windows Mobile and Android phones"] More specifics are required here. Java is a common language for many platforms. For instance Android also has a java platform. What are the final platforms to be supported? What should be the backwards compatibility? It is also possible for us to provide a proposal scoping this requirement. [Page No.26; Point:10.11 - ""The keys shall have both mechanical patterns as well as electronic coding.] Can that the mechanical pattern is same for all the keys? The mentioned platforms cover most of the smartphones available in the country. The requirement is for a downloadable dedicated mobile app that will work on the smartphone, and will be used for the purpose of the one time password retrieval. 10 ARS 11 ARS 12 ARS 13 ARS [Page No.26; Point:10.17 - "All keys (including the master keys) shall have ; tags so as to ensure that key displacement beyond permissible distances shall generate system alarms."] Will an electronic detection of removal from the key slot be sufficient? We assume the RF tage [external] is applicable to the master keys. The RFID tag will be applicable to all the keys, including the master keys at the terminal. The RFID based detection for these master keys is in addition to the electronic detection. 14 ARS [Page No.26; Point:10.19 - "The system shall enable deliveries of part loads whenever required. This shall be done through separate identification of part-load trucks (which will have separate padlocks per compartment)."] Will part load trucks fixed. If it varies, how will locks distributed to the transporter or dealer? Part-load trucks are planned to be identified & HPCL may decide to use separate padlocks for each compartment of such identified trucks. The issue can also be managed by documented policy & procedures. Page 4 of 36 All equipment within the HPCL TTLS system will have to follow applicable safety norms, including the wireless access points. The mechanical pattern shall be same for all the keys. Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By 15 ARS 16 ARS 17 18 Page 5 of 36 Query HPCL Response [Page No.26; Point:10.22 - "The system shall have the capability to release the key in emergency situations, when the truck is not either at the terminal or at the retail outlet. This shall be done by remotely managing the smartbox, wherein on activation of an emergency mode, the key should be released using the TT smart card and the emergency code."] What would be the preferred fallback action if the remote access method also fails (wireless connectivity is not available)? [Page No.29; Point:12.1.1 - "In case of tampering/power disruption, the system will detect & record the time and the location where the event has occurred"] Minimal as it is, the requirements can lead to the need of having a battery embedded in the box ( which might be against safety norms). Please confirm. The facility of manually entering the code (obtained via tele-calling) through the keypad shall also be required. Alternatively, bidders may also suggest suitable fallback options. ARS [Page No.29; Point:12.1.4 - "This will also trigger the data exchange between the wireless transceivers on the smart box and in the terminal control room."] Is there any alternate course of action if the terminal control room or wireless transceiver is not available(damage, loss or power supply etc)? Bidders may suggest an additional wired transmission mode/facility available as a fallback option, but it is not mandatory. ARS [Page No.29; Point:12.1.6 - "The KIC will use the key in the smartbox to unlock the padlock(s) on the TDCs. The key cannot be taken out, with the padlock in unlocked condition"] At the minimum 2 locks have to be unlocked one after the another (locking the previous). This will be registered as a key event in the lock which is normal. Please confirm. The generation of events shall be acceptable & is, in fact, desirable. The smartbox anyway is going to require a battery. Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 19 ARS [Page No.31; Point:13.1 - "The device shall be based on Power over Ethernet module that remotely downloads audit trail."] Need clarifications here. How is PoE applicable here? Will the device have a PoE connector? Why should it be powered over PoE since it does not have local connectivity to any other peripherals in the tanker lorry? The POE requirement is for the locking system in general & is particularly applicable to the SKH. 20 ARS [Page No.31; Point:13.1 - "Mechanical Specification: Padlocks shall be chrome-plated brass body and shackle."] This requirement lead to vendor locking. Can it be the preferred option instead of mandatory? 21 ARS [Page No.32; Point:13.1 - "Key shall be a full metal key made of nickel silver."] Please relax the specific requirement for ‘nickel silver’. Instead can it be reference for similar robust make? The tender requirement is derived out of the HPCL functional requirement & no vendor locking is intended. Because it is softer than most other metals in general use, brass is often used in situations where it is important that sparks not be struck, as in fittings and tools around explosive gases. The chromed layer can provide corrosion resistance & increase the surface hardness.Any material meeting these objectives, without diluting the security objectives of the system (e.g., use of plastic body which does not offer adequate strength against vandal attacks), shall be acceptable. Any equivalent material offering the required properties similar to nickel silver shall be acceptable. 22 Crystal The published tender is through International Competitive Bidding, allowing international bidders to quote in dollars for supply of equipment. The general terms also mention that the prices shall be fixed. It means that Indian bidders quoting for the imported equipment in Indian rupees shall have to take into consideration the dollar rate variation which is not in anyones’ control. We have witnessed a dollar variation of as high as 25% during the past few months. This situation gives rise to unfair competition between the bidders quoting in dollar & the bidders quoting in rupee with the former getting a clear price advantage of 25%. We hope that HPCL takes note of this unfair practice & allow all the bidders to compete on equal footing. This is also required by the Article 14 of the Page 6 of 36 As per the tender conditions, vendor has to quote basis the conversion rates available. No variation due to dollar conversion charges will be payable. Variation in dollar conversions are rare phenomena and the same shall not be considered for evaluation. Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query Constitution of India. We seek allowance for dollar variation for import items to Indian bidders as well. [Page No. 33] What is the use of color tags? HPCL Response 23 Godrej 24 Godrej [Page 35-39]What is meant by last 20 audit trails for other system keys? It means that the keys shall store 20 audit trails for its use in other groups (other than its paired use with the designated lock). 25 Godrej [Page 42]What is built in dual battery backup? Primary battery back-up shall only be considered. 26 Godrej [Page 42]What is dual fuse? The system shall have a primary & a secondary fuse for better equipment safety. 27 Godrej [Page 43]What is sequential response curve& duplicity? The software shall offer a pre-defined (menu-driven) sequential response to the user commands. 28 Godrej Why are wireless AP required? Wireless access points are required for data exchange between the data on the TT & that on the terminal server/hardware. 29 Godrej Will smart box have independent GPS or will it communicate through VTS? The smartbox shall have an independent GPS system. This tender does not solicit to buy any separate VTS system. However, the TTLS system shall have a capability to integrate with any existing third-party VTS system the Tank Truck has (or is being installed), in which case, HPCL may not procure the GPS system from the selected vendor for all such tank trucks. 30 Godrej Which are the points in the tender which are to be completely adhered to? The solution proposed by the bidder is required to completely adhere to the HPCL functional requirements, statutory safety requirements & the objectives of the project. 31 Godrej Is the keypad compulsory on the smartbox? Or is the ok if the GPS system gives the authentication? Keypad is required to meet the requirement of onetime code authentication. Page 7 of 36 The color insert shall be used for easy physical identification & coding. Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 32 Godrej Where will the biometric reader be placed? The biometric reader, which is not a part of the vendor scope, shall be placed at the TT Entry/Exit gate. 33 Godrej Is it mandatory to have electromechanical padlocks? Yes. The tender requires electromechanical padlocks to be supplied by the vendor. However, bidders are free to propose alternative options under the Innovative proposals in conformance with Section 15.4 of the tender document. 34 Godrej The sequence of operation at the Retail Outlet to be done within 10 minutes is not clear, please clarify in detail Section 12.2 lays down the proposed process at the RO 35 Godrej In relation to annexure VI, pertaining to test cases of POC, kindly let us know, who will be the certifying agency to verify and ratify the actual result The actual results shall be recorded by HPCL & its Project Consultants in the presence of the bidder. 36 Godrej We request for the discussion for technical bid opening, please confirm Technical bids are opened in the presence of the bidders. Bidders are free to raise any specific issues which they wish to discuss during the technical bid opening as well as during various opportunities provided to them as a part of the technical evaluation process. 37 Godrej We request positive communication in case of disqualification HPCL follows a fair & transparent tender evaluation policy & the bidders are duly kept informed at each stage of the evaluation process. 38 Godrej It is not clear about the server cost, please clarify whether these are to be borne by vendor or HPCL especially during the POC phase Server cost is part of the vendor's scope - (bidder's scope during the PoC) 39 Godrej With the GPS & GPRS system already being supplied & can be used effectively, we feel that additional Wi-Fi system for data capture is redundant, please clarify Tender terms shall prevail. Page 8 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By 40 Godrej 41 Godrej 42 Godrej Page 9 of 36 Query HPCL Response Under section 8.1 of System Description one of the component is the electronic padlock & keys, towards the same under the section 14 of Approved Makes, are included are iLOQ, Medeco, Salto, Simons Voss & Videx, however we note that the technical specification for electronica padlock system under section 13.1 does not match with the approved makes. Therefore we suggest to modify the technical specification of the electronic padlocks under electronic padlock system to comply with the approved makes. “SKH will also perform the role of programming and reprogramming the keys” please elaborate the above sentence (page 29, point 9) Tender terms shall prevail. Kindly clarify how the recurring cost of sim card is dovetailed with the service provider or otherwise The recurring cost of the SIM card should be quoted as a part of the GPRS / GSM opex (Line Item no. 19) This role (function) for the SKH is not required and may be ignored. Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 43 Godrej Under section 5 for existing locking system it is clearly mentioned that, “The TT top hatches (dome covers) and bottom valves are locked withAbloy/Godrej locks. A delivered supply means it is the responsibility of HPCL to supply the product of correct quantity/quality at the receiving location (i.e. the retail outlet in this case). Each dome cover and bottom valve is locked. A particular set of Abloy/ Godrej locks is assigned to a dealer. One set of key(s) of this set of locks is with the dealer. The depot incharge has one master key of all locks within his jurisdiction”. Whereas under section 12 of Proposed Process it is sited that “As a part of the new locking system it is expected that a sturdy cross (link) bar will be passed through the dome covers so that only one lock is required on the top (Common Locking system) and the other for the valve box that covers the outlet valves at the bottom (OV) Thus, each TT is expected to have two padlocks”. Form the above it is feared that in case of part load consignment & delivery, other compartments bear the risk of getting tampered with respect to quality & quantity. Even though the system have audit trail capabilities to teack such anomalies we feel that , the administrative time & energy to follow up on such cases frequently may hamper the smooth working of TTLS Please refer to response to Q.No.14 in this regard. 44 Godrej Under the proposed system, we would like to know the maximum number of retail outlets catered to by any terminal This number cannot be specified, since the number of retail outlets attached to a particular terminal may vary from time to time. 45 Godrej In the innovative solution the relevant standards & certification will be of different nature which must be considered for evaluation All proposed solutions – including innovative solutions – are required to adhere to the minimum standards & certifications specified in the tender document. Page 10 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response This is further reference to HPCL TTLS tender section 14 of Approve Makes, page 65, we would like to include following brands for the tender under the clause 15.4 of Innovative Proposal, page 71 EVVA MCS for padlocks (Manufacturer: EVVA, Austria)Knock N’Lock for the smart box(SKH) (Manufacturer: Knock N’ Lock, Israel)CMC (TATA Enterprise)& C-Track/ Zest Technologies(South Africa) for the Vehicle Tracking SystemKindly request you to confirm the acceptance of the same We request that we be permitted a two week extension in the pre-bid meeting. The magnetic code system based locks have not been pre-qualified in this tender. However, if the bidder feels that this technology functionally meets the tender requirements, then he is free to quote for the same as per Sec 15.4. There are no approved makes for the smartbox There are no approved makes for the Vehicle Tracking System. In this respect, please also read response to query no. 29. The pre-bid meeting was carried out on 9th August 2012 & was attended by over 14 prospective bidders. The date of submission of queries was also extended toll 13th August 2012. The request, therefore, cannot be considered. 46 Godrej 47 mCommerce 48 Orpak Please revise the requirement of providing the source code of the software. As per Section 9.3 of the tender document, source code of only customisation part has been asked for. The HPCL Source Code ownership requirements are given separately with this corrigenda as Annexure II. 49 Orpak Please allow a foreign partner in a consortium proposal to bid in USD & an Indian partner of the same consortium to bid in INR. Also, the payments should also be made separately to individual partners in their respective quoted currencies. Only 1 member of the consortium designated as the " Prime member " can bid on behalf of the consortium and be responsible for all activities including billing . The obligations and duties of the Prime bidder if he is an Indian arm of a foreign bidder are given in Section 4.1.7 of the Tender Document . Consequently to avoid dilution of responsibilities, only the Prime Member can bid , bill and receive the payment . 50 Pre-bid Query Where will the TTLS management server be kept? The TTLS management server will be kept at a location at HPCL's choice as mentioned in Sec 8.1 51 Pre-bid Query How will the management of part-loads will be done with single lock for the TDC and the outlet? Please see response to query no. 14. Page 11 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 52 Pre-bid Query PESO certification is given to the end user (HPCL). Is HPCL OK with this idea? Yes 53 Pre-bid Query Will the geo-fencing authentication be applicable to the lock or the smart box? Smart box 54 Pre-bid Query Is it mandatory to submit source code of the application to HPCL? Software vendors may be unwilling to do so because of the IPR concerns. Please see response to query no. 48. 55 Pre-bid Query Do vendors have to consider VPN tunnel for the information that is transferred from the TTLS server / software to every individual connection? No VPN needs to be considered at present 56 Pre-bid Query Will HPCL give time extension for the pilot project? No, HPCL will not give time extensions for the pilot project. 57 Pre-bid Query What is the scope of the tank truck customization? Will it involve TDC, outlet or hotwork? The scope mentioned in the tender document covers all the three and any other addition which is required to accomplish the functional requirement mentioned in the tender document. 58 Pre-bid Query Will TTLS require audit logs for all the applicable, active components of the system? Yes 59 Pre-bid Query What is the usability of the 10 color codes mentioned in the tender document for key tags? Color codes are used for easy identification for the filling crew. Number mentioned in the tender is indicative in nature and bidders may change the number. 60 Pre-bid Query Are GPS and VTS systems different? Is it Ok if VTS takes care of the GPS requirement? VTS and GPS are not different components of the project. The existing VTS system installed in tank trucks is not considered in the TTLS scope. However, the system shall be integrable with the VTS system. The TTLS system requires to establish and compare the GPS coordinates of the truck location for SKH authenitcation. Page 12 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query 61 Pre-bid Query Eternal RFID tags for the master keys considered in the tender are not vulnerable? No. 62 Pre-bid Query Please specify the exact active mobility area for the RFID tag within the plant The RFID mobility area should be at least 10 meters. 63 Pre-bid Query What will be the server location for the TTLS system? Please see response to Query No. 50. 64 Pre-bid Query Various SLAs mentioned in the tender is the responsibility of the Telecom Service Provider or the Bidder? It is the responsibility of the bidder. 65 Pre-bid Query What is the transfer of ownership of the system to HPCL defined as? Transfer of ownership of the System is completed when the last tank truck of the last location of HPCL operates under TTLS. 66 Pre-bid Query Consortium – Incase of Indian and foreign bidders, in consortium, can they bill in separate currencies and also separately? This is not possible. 67 Pre-bid Query When will the remaining 20% of the payment be released for the Phase I of TTLS? The remaining 20% will be released after the completion of Phase II. This is separate from the PBG mentioned for the project. 68 Pre-bid Query Is the resident engineer required to be commissioned at the HPCL TTLS server location? Yes, it is in the interest of the bidder for the smooth commissioning and functioning of the system. 69 Pre-bid Query Please extend the queries submission time for TTLS The queries submission time is extended till 13-082012, 17.00 hrs. 70 Sterna [Page 24 Last point]Integration to fire alarm systems: You have mentioned here that the system needs to be integrated to a fire alarm system to unlock egress doors. This is not clear. Please refer to response to Q.No.9 in this regard. Page 13 of 36 HPCL Response Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 71 Sterna [Page 25 Point 9]GPRS Mobile APP: Typically an app to deliver user credentials should be based upon HTTPS . Considering that most phones in our country cannot be used this could be a limitation. Can an alternative suggestion be provided. The app should be designed to be compatible with https. Bidders are free to add any security element in their design. 72 Sterna [Page 25 Point 6]Wireless link at Depot: Our current system has been designed ensuring that there is no need for communication inside a depot Therefore we will not require any infrastructure at the depot. Would this be a limitation ? Tender terms shall prevail. 73 Sterna [Page 26 Point 16]IP65 rating: The padlocks can be presented with IP65 ratings but smartbox cannot be rated with IP category since there are open ports for keys and readers and glands for antenna and wiring. Smart Box is planned to be located in the driver's cabin. Therefore, the IP rating of minimum IP54 shall be acceptable. 74 Sterna [Page 26 Point 17]RFID tag recognition: This system of reading tags while technically possible would be impossible to cover an entire depot due to the physical dimensions. A system at the gate alone does not suffice and does not provide any security as well. The RFID mobility area should be at least 10 meters. 75 Sterna [Page 26 Point 18]PESO Certification: We shall seek the necessary clearance with PESO. However does HPCL have a document stating which approvals are required? This will be the bidder's responsibility 76 Sterna [Page 27 Point 11.1]GPS on padlock: This is a feature that is not available with us, having GPS integrated on the padlock. GPS on the padlock has not been asked for. However, the TTLS needs to have GPS as an essential component for lat-long authentication. 77 Sterna [Page 27 Point 11.5]Interoperability parameters with JDE: This has to be defined what the type of interoperability required and data exchange formats. The main points of integration would be exchange of destination values on truck arrival into the terminal (JDE to TTLS), intimation of completion of the truck locking operation (TTLS to JDE) and completion of truck unlocking & locking operations (TTLS to JDE), at the RO. However, detailed parameters & the integration points shall be arrived at after the award of the contract. Page 14 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. 78 Raised By Sterna Query Global Company: Prime Bidder - meets all eligbility criteria and documentation requirements. Contractual holder Global Company subsidiary in India: hardware supplier Local partner: System integrator responsible for implementation, warranty and support HPCL Response Please refer to response to Q.No.49 in this regard. The above-mentioned scenario will mean that the global company will sign the MOU, provide all the guarantees etc. Since they have a technology center in India, they will provide billing out of India for the products. The local partner will provide the support, installation, software customization and warranty and support. In the above scenario can each product be quoted per line item and then separate purchase orders can be made for the hardware supplier and the service and implementation part. 79 Sterna The financial year of the global company is Jan to December. Would certified documents for the year 2009, 2010 and 2011 be sufficient and would it also require for the current financial year any documents. For foreign bidders, turnover of the last three financial years ending with the respective quarter of 2011 shall be considered. 80 Sterna Auditors certificate for service centres can be given by the service role holder. Is this acceptable. The tender shall not require submission of any certificate for service centers. Page 15 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query 81 mCommerce [Commercial Clarification] Statement: With reference to Section 17.7: Payment Terms, Phase 1 payment is stated as “if the pilot is successful, 80% of the amount applicable for the delivered ….:”. However we could not find a direct reference to the payment terms of the remaining 20% of the pilot project value. Please clarify the payment terms for this portion. Please see the response to query no. 67 82 mCommerce [8. SYSTEM DESCRIPTION Page 20] Statement: The unlocking operation at the terminal as well as the retail outlets shall be governed using the below parameters: Smart Card: MiFare DESfire EV1 cards with highest level of encryption, to be used for Smartbox opening Counter-offer: EPC G2 Passive RFID personnel ID card with digital signature and PIN code authentication. Comment: EPC G2 passive RFID tags provide comparable level to encryption Tender terms shall prevail 83 mCommerce [8. SYSTEM DESCRIPTION ] Statement: The unlocking operation at the terminal as well as the retail outlets shall be governed using the below parameters:Time of Operation: The key from the smart-box can be extracted only during a particular time interval based on expected time of arrival of the TT. Counter-offer: The key from the smart-box can be extracted only when the TT is within the geo-fencing of the vehicle tracking system indicating the TT is at the correct client premises. Comment: 2 cross-checks (geo-fencing & expected time of arrival) are un-necessary and would lead to complications when there are traffic-related delays Tender Terms shall prevail. Page 16 of 36 HPCL Response Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query 84 mCommerce [SECTION 10: FUNCTIONAL SPECIFICATION] Statement: The keys and the locks shall be programmed one¬time and assigned to a particular tank truck, utilizing the key programming unit. This programming will be done at a central location one in each zone, which will allow HPCL to control the key management and issuance mechanisms effectively. Counter-offer: Suggest similar, but different key & lock management solution based on standard re-useable electronic lock (“RUeL”) principles. Comment: The Security lays in the electronics on the lock. It will signal immediately it is opened, closed (with key) or tampered. The keys will be equipped with a passive RFID chip that will be used in key stock control as per the tender requirements. Bidders proposing a system that does not meet the technical specs, but that may meet all the functional requirements may use Section No. 15.4, to propose an innovative solution 85 mCommerce [5, and page 27 cl 11.2 ‘System Components’] Statement: The key shall be housed in a secure key housing (smart box) which will be mounted on the TT. The key will be locked into position in the smart-box, until an authentication event (smart-card) triggers the release of the key from the smart-box. The smartbox shall also have a keypad for dual authentication, which will be used to type in the trip based codes at the RO end / fixed codes at the terminal end.Counter-offer: Suggest Smartboxes only at depots, not in each TT due to the different philosophy of the RUeL solution.Comment: The Security lays in the electronics on the lock. It will signal immediately it is opened, closed (with key) or tampered. The keys will be equipped with a passive RFID chip that will be used in key stock control as per the tender requirements. However, this can be expanded to a Smartbox on each truck to satisfy tender requirements. Bidders proposing a system that does not meet the technical specs, but that may meet all the functional specs may use Section No. 15.4, to propose an innovative solution Page 17 of 36 HPCL Response Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query 86 mCommerce [9b] Statement: The “app” can be deployed on the dealer’s mobile phone through a system SMS or through an email he can be asked to download via a particular secure domain. The app can be designed for Symbian, Java, Windows Mobile and Android phones, which will cover most of the phones in the marketplace. However, we can still keep the SMS as an optional / emergency service. Counter-offer: Wholly unnecessary in our solution but will be provided as added security. Comment: Our standard solution allows for lot simpler key management, since the security lays in the lock electronics & OBU. Since we are unable to understand the exact system being described in the absence of any data with us, please see response to above two queries. 87 mCommerce [Page 26 of Functional Specs ] Statement: Both the key & the locks shall maintain audit trails of events (such as lock opening, closing, tampering, vandalism attempts) associated with it. Counter-offer: The Key doesn’t need to maintain audit trail of events. Audit trail will be kept against the keys removal / return to the Smartbox as well as associated lock/unlock of TT locks paired with a specific key(s). Comment: Audit trail will be comprehensive for every key removal / insertion and every RUeL open / close / tamper – with associated alarming, ringfencing, etc Bidders proposing a system that does not meet the technical specs, but that may meet all the functional specs may use Section No. 15.4, to propose an innovative solution Page 18 of 36 HPCL Response Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 88 mCommerce [Page 26, point # 14 ] Statement: The locks should preferably not have any battery (to meet Atex criteria) and should be activated either through contact with the key or through mechanical motion of the key. Counter-offer: Contradictory specification Comment: Unless key carries a substantial power source plus be used as data hub, this is contradictory. However, the RUeL solution solves this problem but the lock has a battery. Tender terms shall prevail. As far as our knowledge goes, the lock cannot have a battery for reasons pertaining to safety certifications. However, the bidder is free to quote for a lock with a battery as long as all the safety certifications mentioned in the tender document are being met 89 mCommerce [System Components, cl 11.3 ] Statement: The access control reader on the SKH shall use 13.56MHz secured transmission for smart card communication. Counter-offer: Our proposed system uses UHF EPC G2 RFID in similar way. Comment: Different frequency / ISO standard but same philosophy. Tender terms shall prevail. 90 mCommerce [Proposed Process] Statement: After the loading operation is complete, the TT will be taken back to the queuing area where the KIC will release the key from the smart box and use it to lock the TDCs.Counter-offer: The requirement was that the key cannot be removed if the lock is not in locked position. This means continual double action for every operation?Comment: Contradicts Section 12.1, line item # 6. Tender terms shall prevail Page 19 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query 91 mCommerce [Technical Specs of Electronic Padlock System] Statement: Padlocks shall be chromeplated brass body and shackle. Counter-offer: RUeL utilises a hardened plastic body. Comment: The Security lays in the electronics on the lock. It will signal immediately it is opened, closed (with key) or tampered. This negates the requirement of absolute hardened steel structures and ensure Ex-rating efficiency. Not lock can not be opened or cut with the correct tools (easy to acquire), but with the RUeL you will know WHEN & WHERE in real-time. Please see response to query no. 20 92 mCommerce [Mechanical Specs of locks, page 31] Statement: Padlocks shall be manufactured with heel & toe locking. Stainless steel ball bearings dead - lock the shackles at both ends for a strong hold. Counter-offer: We offer Hardened plastic ball bearing which can be replaced by stainless steel ball bearings. Comment: If so required Tender terms shall prevail. 93 mCommerce [Mechanical Specs of locks, page 32] Statement: Padlocks shall be available in both re-keyable and non – re-keyable cylinder option. Counter-offer: Currently only non-rekeyable option.Comment: Because of simpler key management, don’t need to re-key if key is lost – only need to replace the key with same structure (copy). No key can not be copied if the person so whishes. Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. Page 20 of 36 HPCL Response Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 94 mCommerce [Electronic Security System Specs] Statement: Shall employ a hardened boron steel shackle. Counter-offer: RUeL utilises a hardened plastic shackle with aircraft quality frayed cable inside. Comment: The Security lays in the electronics on the lock. It will signal immediately it is opened, closed (with key) or tampered. This negates the need for extreme mechanical strengths. Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 95 mCommerce [Electronic Security System Specs] Statement: Shackle: 8 mm hardened boron steel Cylinder housing: Interior housing made of hardened steel Counter-offer: RUeL utilises a hardened plastic shackle with aircraft quality frayed cable inside. Comment: The Security lays in the electronics on the lock. It will signal immediately it is opened, closed (with key) or tampered. This negates the need for extreme mechanical strengths Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 96 mCommerce [Electronic Security System Specs] Statement: Padlock body: BrassCounter-offer: RUeL utilises a hardened plastic body.Comment: Ditto Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. Page 21 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 97 mCommerce [Specs of Electronic Keys (page 34)] Statement: Programmable keys shall utilize electronic technology and encrypted communication. Counter-offer: Programmable keys not required for the RUeL solution. Comment: Keys will be fitted with UHF RFID chip for identification & key stock control only. Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 98 mCommerce [Specs of Electronic Keys (page 34)] Statement: Usage of keys shall create audit trail in key and in cylinder Counter-offer: Audit trail of keys only. Audit trail of lock open / close is part of TT OBU function.. Comment: Keys will be fitted with UHF RFID chip for identification & key stock control (audit trail) only. The lock will signal immediately it is opened, closed (with key) or tampered. Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 99 mCommerce [Specs of Electronic Keys (page 34)] Statement: Key shall employ the 3V lithium battery (type CR 2032) needed to power - up the electronics located in both the key and cylinder. Counter-offer: See above – not battery on key. Comment: Keys will be fitted with UHF RFID chip for identification & key stock control (audit trail) only. The lock will have its own battery with 3-5year lifespan. Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 100 mCommerce [Specs of Electronic Keys (page 34)] Statement: Key shall give out an audible sound signal to user during operation. Counteroffer: See above – not battery on key. Comment: Normal keyed lock open & close operation Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. Page 22 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 101 mCommerce [Specs of Electronic Keys (page 34)] Statement: All key holders and cylinders shall be EN1303 and UL 437 listed for high security drill, pick and bypass resistance and patent protected key blanks. Counter-offer: Redundant in RUeLComment: Keys will with UHF RFID chip for identification & key stock control (audit trail) only. The lock will signal immediately it is opened, closed (with key) or tampered Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 102 mCommerce [Specs of Electronic Keys (page 34)] Statement: There must be the ability to combine large numbers of different keys into a single cylinder. Mortise cylinders must be made of completely hardened steel or Brass material with a tapered face to resist drilling and wrenching. Rotating disc material must be of bronze alloy. Cylinder gates must incorporate sidebar gates, which will align the discs when the proper key shall be inserted and turned 90 degrees either clockwise or counterclockwise. Counter-offer: Redundant in RUeL Comment: The Security lays in the electronics on the lock. It will signal immediately it is opened, closed (with key) or tampered. This negates the need for extreme mechanical strengths. Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. Page 23 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 103 mCommerce [Page 35] Statement: A fixed sidebar shall then drop into the side bar gate(s) disengaging the plug from the cylinder housing and opening the lock. Cylinder must have the option that keys can be facilitated to turn either clockwise or counter-clockwise only.Counter-offer: See aboveComment: The Security lays in the electronics on the lock. It will signal immediately it is opened, closed (with key) or tampered. This negates the need for extreme mechanical strengths. Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 104 mCommerce [Page 35] Statement: A patented disc controller shall be in each cylinder that prevents the discs from turning until the key has been fully inserted. All keys shall be made completely of nickel silver and be able to receive color ID insert in the key bow. The key shall the convenience feature of being reversible. The same key must be able to operate a complete range of products including replacement cylinders, deadbolts, padlocks, cabinet locks, cam loc ks, switch locks, key deposit locks and rim locks. Counter-offer: See above Comment: The Security lays in the electronics on the lock. It will signal immediately it is opened, closed (with key) or tampered. This negates the need for extreme mechanical strengths. Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. Page 24 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 105 mCommerce [Power Supply for Keys] Statement: Battery in the key, size Ø20 x 3.2 mm. 3 V lithium battery (type CR 2032). Lifetime shall be about 20000 key operations. Counter-offer: See above – not battery on key. Comment: Keys will be fitted with UHF RFID chip for identification & key stock control (audit trail) only. The lock will have its own battery with 3-5year lifespan. Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 106 mCommerce [Speed of the Electronic functionality in operation.] Statement: Cylinder can be operated after 0 . 4 seconds from the key insertion. Sound indication shall be given when key turning can be started. Counter-offer: Not part of RUeL design. Mechanical movement only.. Comment: Event will be reported in ms (mili seconds). Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 107 mCommerce [Environmental restrictions for use] Statement: Use temperature: Key - 10oC to 50oC Use temperature: Cylinder 30oC to 70oC Cylinders shall be not suitable to be used in continuously wet conditions, unless the Access of water into the keyway shall be prevented.. Counter-offer: Not part of RUeL design. Mechanical movement only. Comment: RUeL is rated for these temperatures and can be used in continuously wet conditions. Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. Page 25 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 108 mCommerce [Memory Structure of cylinder and keys – page 36.] Statement: Cylinder: 200 authorized key groups and programming keys together, • Theoretically maximum 65535 keys in each group • 3000 unauthorized or denied keys list • 1000 last events audit trail • 20 last events audit trail for other systems’ keys Counter-offer: Redundant in RUeL. Feature of BIX system. Comment: Keys will with UHF RFID chip for identification & key stock control (audit trail) only. The lock will signal immediately it is opened, closed (with key) or tampered Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 109 mCommerce [Key Programming Unit (KPU) – page 37] Statement: A key programming unit will serve as the bridge between the information in the central server and every key and lock (cylinder) in the system. Each terminal will hold a KPU to enable dynamic programming of the keys and the cylinders attached to the particular TTs attached to that terminal. Counter-offer: We suggest a depot-bound Smart-box and ID card / Key RFID chip programming unit. Comment: The inherent security of the electronic part of the RUeL negates the use of KPU’s Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 110 mCommerce [Recognition of Key in SKH – page 40] Statement: System should be capable of validating the mechanical portion of the key. Counter-offer: N/A. Comment: Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. Page 26 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 111 mCommerce [Recognition of Key in SKH – page 40] Statement: Access to key possible with MIFARE DESFire EV1 or HID iCLASS (To be decided by HPCL at a later date) Counter-offer: System uses UHF EPC G2 RIFD ID card with digital signature and PIN as standard Comment: Different frequency / ISO standard but same philosophy. Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 112 mCommerce [Recognition of Key in SKH – page 40] Statement: Strong holding and turning resistance to the extent of 40Kn Counteroffer: N/A Comment: Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 113 mCommerce [Battery Backup System] Statement: The primary power of the system comes from the truck battery. However the system should have a DC to DC convertor capable of handling 8 to 30V and a battery charger. The secondary battery should be capable of operating the system for two full days and finally a Lithium ION battery that ensures it shall be always alert and awake. Counter-offer: Standard as part of proposed solution. However, not TT bound but depot bound Comment: Can be made TT bound if required. Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 114 mCommerce [Page 41] Statement: The firmware should be based on a complete user menu for usage and operation at the end user point. Counter-offer: N/A not firmware based. Comment: Embedded Windows based. Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 115 mCommerce [Software on the Box - pg 43] Statement: Counter-offer: Comment: Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. Page 27 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 116 mCommerce [Firmware] Statement: User module Counter-offer: N/A Comment: Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 117 mCommerce [Firmware] Statement: Zone Module Counter-offer: N/A Comment: Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 118 mCommerce [Firmware] Statement: Time Module Counter-offer: N/A Comment: Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 119 mCommerce [Firmware] Statement: All data shall be encrypted with AES Counter-offer: N/A Comment: Tender terms shall prevail. However, bidder can decide to make use of the innovative clause to submit his proposal. 120 mCommerce [Firmware] Statement: The system shall support a pointing device, touch screen, keyboard, and camera control keyboard interface.. Counter-offer: Systems only asks for captured image recall, not camera control? Comment: Why is camera control required? Camera control keyboard interface is not required. 121 Wipro 15.7 Price Validity - All quoted prices & rates shall be firm & valid for a minimum period of 12 months from the placement of order. Tender Terms shall prevail 122 Wipro 15.13 Arbitration clause for Indian Bidders -Refer Doc If any dispute or difference arises out of or relates to this Agreement and such dispute or differences cannot be resolved by the Parties, either Party shall, within thirty (30) days from the occurrence or failure to reach consensus, give the other Party notice in writing of the existence of such a dispute, specifying its nature and the issue and the Parties shall proceed to resolve such matter by arbitration; The arbitration shall be conducted or adjudicated by sole Tender Terms shall prevail Page 28 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By 123 Wipro 124 Wipro Page 29 of 36 Query arbitrator mutually appointment for purpose herein. All arbitration proceeding shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 including the rules there under and any statutory modifications thereof. The arbitration proceedings shall be conducted in English language and the arbitration proceedings shall be held in Bangalore. The decision of the arbitrator(s) shall be final and binding. 17.3 - Defect Liability Period / Warranty Period -Refer Doc Since Wipro is acting as a reseller of completed products, Wipro shall “pass-through” any and all warranties and indemnities received from the manufacturer or licensor of the products and, to the extent, granted by such manufacturer or licensor, the Customer shall be the beneficiary of such manufacturer’s or licensor’s warranties and indemnities. 17.4 - Delay in Completion: Liquidated Damagesi) Accept the delayed delivery on price reduced by sum equivalent to half percent (0.5%) of basic PO value (excluding CAMC), per week of delay or part thereof, subject to a maximum of 5% of basic PO value (excluding CAMC). OR ii) Cancel the order in part or full and purchase such cancelled quantities from elsewhere on account at the risk of the seller without prejudice to its right under (i) above in respect of goods delivered.i. If the supplier fails to deliver any or all of the goods or complete the installation within the period specified in the purchase order, Customer shall without prejudice to its other remedies, deduct as liquidated damage 0.5% of the price of the delayed goods for every week or part thereof subject to a maximum of 5% of the value of the delayed goods ii. Request curing period of 30 days before cancellation and risk purchase to be capped at 10% of PO Value. HPCL Response Tender Terms shall prevail Tender Terms shall prevail Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 125 Wipro 17.5- Risk Purchase To be capped at 10% of PO value Tender Terms shall prevail 126 Wipro Tender Terms shall prevail 127 Wipro 128 Wipro 17.7 - Payment Terms Refer Doc Payment Terms: - Products: 70% on delivery, 20% on Installation and commissioning and balance 10% on acceptance - One time Services like implementation: 60% advance and balance 40% upon completion of the activity - Sestenance/Support: Quarterly advance All invoices raised shall be payable within 15 days from the date of invoice. All invoices shall be deemed to be accepted unless disputed within 7 days from the date of receipt of invoice. If Customer fails to pay the fees and other payments within the stipulated time, it shall be liable to pay interest at 1.5% per month on such amount of fees and payments that have become due. 17.9 - Post-Warranty Comprehensive Annual Maintenance Contract (CAMC) In case HPCL decides to extend CAMC beyond the fourth year, the AMC amount for the fifth year onwards shall not be higher by more than 10 % of previous year’s AMC cost.Pricing to be decided mutually 22 - PRICEFirm and not subject to escalation for any reason whatsoever till the execution of entire order, even though it might be necessary for the order execution to take longer than the delivery period specified in the order. Page 30 of 36 Tender Terms shall prevail Tender Terms shall prevail Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 129 Wipro 25 - RECOVERY OF SUMS DUE Refer Doc Set off if allowed, has to be made within a contract and not from any other contract. Tender Terms shall prevail 130 Wipro Tender Terms shall prevail 131 Wipro 27 - CANCELLATION:The Owner in that event will be entitled to procure the requirement in the Open market and recover the excess payment over the Vendor's agreed price, if any, from the Vendor, reserving to itself the right to forfeit the security deposit, if any made by the Vendor against the contract. To be capped at 10% of PO value 28 - PATENTS AND ROYALTIES Refer Doc 132 Wipro 32 - PART ORDER / REPEAT ORDER Refer Doc Pricing to be decided mutually Tender Terms shall prevail 133 Wipro 5.e.SUSPENSION OF WORKS5.e.2. In case of suspension of entire work, ordered in writing by Engineer-inCharge/Site-in- Charge, for a period of 30 days, the Owner shall have the option to terminate the Contract as provided under the clause for termination. The Contractor shall not be at liberty to remove from the site of the works any plant or materials belonging to him and the Employer shall have lien upon all such plant and materials. Not acceptable Tender Terms shall prevail Page 31 of 36 Tender Terms shall prevail Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 134 Wipro 5.hSAMPLESRefer Doc Tender Terms shall prevail 135 Wipro 5.oDAMAGE TO PROPERTY Contractor shall be responsible for making good to the satisfaction of the Owner any…………….Satisfaction is a subjective term, please take a clarity on the same Tender Terms shall prevail 136 Wipro 7.c RETENTION MONEY Refer Doc Tender Terms shall prevail 137 Wipro 12.4 TERMINATION OF CONTRACT Refer Doc For a, b, c request curing period of 30 days prior terminaiton, and risk purchase to be capped at 10% Tender Terms shall prevail 138 Wipro 13 FORCE MAJEURE Neither party shall be liable for any failure or delay in performance resulting directly or indirectly from causes beyond its reasonable control due to act of God, war declared, negligence by customer, civil or political disturbance, lockouts, , drought, floods, fire, theft, accidents and other exceptional circumstances (“Force Majeure”) and the obligation of the affected party under the Agreement shall stand suspended during the currency of such Force Majeure event. In such a situation the affected party shall promptly notify the other Party of the event and both parties shall discuss the course of action to be taken afterwards. Tender Terms shall prevail Page 32 of 36 Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response 139 Wipro 14 ARBITRATION Refer Doc Refer Aboove Tender Terms shall prevail 140 Wipro Tender Terms shall prevail 141 Wipro Savings Clause - Clause to be added Wipro’s failure to perform its contractual responsibilities, to perform the services, or to meet agreed service levels shall be excused if and to the extent Wipro’s non-performance is caused by Customer’s omission to act, delay, wrongful action, failure to provide Inputs, or failure to perform its obligations under this Agreement Taxes and Duties - Clause to be added All fees and other payments required to be made by shall be exclusive of all applicable taxes except for tax assessed on Tenderer's income. 142 Wipro Tender Terms shall prevail 143 Wipro Limitation of Liability - Clause to be added Notwithstanding anything contained herein, neither Party shall be liable for any indirect, punitive, consequential or incidental loss, damage, claims, liabilities, charges, costs, expense or injury (including, without limitation, loss of use, data, revenue, profits, business and for any claims of any third party claiming through Wipro) that may arise out of or result from this Agreement. The aggregate liability of Wipro under this Agreement, shall not exceed the total value of the contract. Non-Solicitation - Clause to be added During the term of this Agreement and for a period of one year thereafter Customer shall not, directly or indirectly, hire or solicit for hire, any of the personnel engaged by Wipro, without the prior written consent thereof from Wipro. Thus, the Customer agrees to the entry of an injunction against it in the event of actual or threatened breach of its obligations Page 33 of 36 Tender Terms shall prevail Tender Terms shall prevail Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By Query HPCL Response hereunder, and acknowledges such relief shall be in addition to such other and further relief as may be available to Wipro at law or in equity 144 Wipro 145 Wipro 146 Wipro Page 34 of 36 Site Not Ready - Clause to be added Customer hereby agrees to make the site ready as per the agreed specifications, within the agreed timelines. Customer agrees that Wipro shall not be in any manner be liable for any delay arising out of Customer's failure to make the site ready within the stipulated period, including but not limited to levy of liquidated damages for any delay in performance of Services under the terms of this Contract. Further any idle time resulted due to non available of site or infrastructure or data, Customer shall make payment to Wipro for the same Deemed Acceptance - Clause to be added Any equipment supplied or services provided by Wipro shall be deemed to have been accepted by Customer if Customer puts such equipment, services to use in its business or does not communicate its disapproval of the same together with reasons for such disapproval within 10 days from the date of receipt of such equipment or delivery of the services. Change Order - Clause to be added Either party may request a change order (“Change Order”) in the event of actual or anticipated change(s) to the agreed scope, Services, Deliverables, schedule, or any other aspect of the Statement of Work. Wipro will prepare a Change Order reflecting the proposed changes, including the impact on the Deliverables, schedule, and fee. In the absence of a signed Change Order, Wipro shall not be bound to perform any additional services. Tender Terms shall prevail Tender Terms shall prevail Tender Terms shall prevail Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Sr. No. Raised By 147 Wipro 148 Wipro Page 35 of 36 Query Termination - Clause to be added - Wipro shall have the right to terminate this Agreement at any time without cause and for convenience on the delivery of 90 calendar days’ prior written notice. - Wipro shall have the right to terminate this Agreement fortwith in the event of a material breach by the Customer including but not limited to payment not being in accordance with the Agreement and the same remaining uncured after 10 days of getting a written intimation of the breach from Wipro Title/ Risk Clause to be added Wipro assumes that the title of ownership of the goods supplied under this contract is passed onto Customer, on dispatch of the material from warehouse or handing over the material to an independent freight forwarder for delivering the material to the Customer. HPCL Response Tender Terms shall prevail Tender Terms shall prevail Corrigendum 1 – HPCL Responses to Pre-bid Queries for HPCL TTLS Tender Annexure II Source Code Ownership requirement 1. Source Code Ownership 1.1. Custom Development for HPCL – If the software application is custom developed by the vendor for HPCL, the source code the software will be property of HPCL and vendor will have no rights on the source code. 1.2. Packaged application customised for HPCL – If vendor is supplying an off-the-shelf packaged software application to HPCL after making custom changes, to meet HPCL’s business functionality or to interface the application to HPCL’s other business applications, source code pertaining to all such customisation including Application, Database structures, Reports etc will be property of HPCL and HPCL will have full copyright on the source code. 1.3. In both cases above in 1.1 & 1.2, vendor will pass on the required number of copies of source code to HPCL on the designated media on commissioning of the project. Vendor will also provide the updated / modified versions of the source code after any changes, due to process changes or debugging, during warranty / AMC period. Vendor will not use the software code in full or part, as an application or as a module in any other application, for any other customer without written permission from HPCL. 1.4. Packaged software application – For packaged software application, where source code of the application is not supplied to HPCL as part of the contract, HPCL, if so desires, will enter into an escrow arrangement for the source code of the application, any time during the period of the contract or during subsequent AMC period, through a HPCL designated software escrow services providing agency. Vendor must comply with all requirements of the escrow arrangement. Page 36 of 36