Tender for Commissioning of MPLS connectivity between...

HINDUSTAN PETROLEUM CORPORATION LIMITED

Purchase Department, Petroleum House, 7th floor, 17 J. Tata Road, Mumbai 400 020. Phone No : +91-2286 3105 / 3723 Fax No. +91-22-2283 5615, 2284 1098

Tender No. 6000084-HD-10003/DSS

Public Tender Document

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1 of 53 Signature & Seal of Tenderer

Tender for

Commissioning of MPLS connectivity

between Mumbai HQO

and other HPCL locations





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Important Note:

In case this tender document is downloaded from the website and is used for

submitting the bid, kindly ensure to submit the declaration (draft given below) on your

letterhead and enclose it along with the Technical Bid, as bids submitted on

downloaded tender sets will be rejected if such declaration is not attached.

Even though the tender set is permitted to be downloaded and used for bidding, the

cost of / fee for the Tender Document Set is to be paid. Please enclose the payment

in the form of a separate crossed DD; drawn in favour of HINDUSTAN

PETROLEUM CORPORATION LTD., payable in Mumbai along with your

Technical Bid (Bids not accompanied with this fee will be rejected). However, units

registered under NSIC are exempted from payment of fee for tender documents,

etc...





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Declaration on Letterhead

We solemnly affirm as under:

i. This Tender Document Set was downloaded by us from your website and is

being used for submitting our bid.

ii. The downloaded file was printed and is being submitted without any alterations,

deletions, additions or changes.

iii. The clauses, stipulations, etc., contained in the tender documents, which are not

acceptable to us are highlighted separately in a note on our letterhead appended

to our Technical Bid.

iv. We further affirm that except for these deviations highlighted as above, all other

Terms and Conditions of the tender set are acceptable to us and we hereby

accept and agree to abide by all the other Terms and Conditions contained in the

tender document set.

v. We understand that in case it is found subsequently that the downloaded Tender

Document Set was altered or tampered with, in any manner, then our bid will be

rejected and the EMD forfeited or in case a purchase order is placed on us basis

such tampered document, then the order is liable to be cancelled without any

further reference to us and the EMD/S.D as applicable will be forfeited.





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UNPRICED / TECHNICAL BID





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DECLARATION

(To be submitted along with unpriced bid)

We, (M/s._________________________________________________)

hereby declare / clarify that we have not been banned or delisted by

any Government or quasi Government agencies or Public Sector

Undertakings.

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

Government Agencies or PSU’s, this fact must be clearly stated

with details. If this declaration is not given alongwith he unpriced

bid, the tender will be rejected as non-responsive. Our PAN No. is _______________________





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Please quote your most competitive rate for Commissioning of MPLS connectivity solution between Mumbai HQO and other HPCL locations as per attached scope and specifications. Attachments to this enquiry are:- a) Instructions to Bidders (Attachment I) b) Note to Bidders & Specifications (Attachment II) c) Terms & Conditions of the contract (Attachment IIA) d) Bidders Details (Attachment III) e) General Terms and conditions (Attachment IIIA) f) Types of Reports (Attachment IV) g) Compliance Sheet (Attachment V) h) Vendor Data Form (Attachment VI) i) Schematic diagram of proposed connectivity (Attachment VII) j) List of locations (Attachment VIII) k) Rate Format (Attachment IX A - to be submitted along with Unpriced Bid) l) Rate Format (Attachment IX B - to be submitted along with Priced Bid) m) Format for Bank Guarantee in lieu of EMD (Attachment X) n) Format for Performance Bank Guarantee (Attachment XI) You should submit your quotation/fill in the details only in the Price Schedule (Attachment IX B) sent along with the tender enquiry. In other words no price bid statement should be made out separately. In case it is found that a Price Schedule has been made out separately, it should be confirmed therein that the same is identical to the price schedule sent with the enquiry & in case there are any discrepancy vis-à-vis the Price Schedule, those mentioned in the Price schedule with the tender enquiry shall prevail and vendor will be bound to honor it. In case Price Bid contains commercial conditions which are at variance or additional to those in the Unpriced Bid, details mentioned in the Priced bid/latest commercial conditions would be considered for evaluation of priced bid. In case such conditions are in the nature of a deviation to the tender, such offer will be summarily rejected. It may be kindly noted that Unpriced Bids submitted once again with Priced Bid or any conditions pertaining to Technical specifications would be ignored.





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SEND YOUR TENDER IN A SEALED ENVELOPE SUPERSCRIBED WITH TENDER NO., DUE DATE & NAME OF THE VENDOR ADDRESSED TO SR. MANAGER PURCHASE, PETROLEUM HOUSE, GROUND FLOOR, 17, J. TATA ROAD, MUMBAI 400 020 AND HAS TO REACH US BY 28/02/2007 (15.30 Hrs) UnPriced Bid will be opened in the presence of attending bidders at 15.45 Hrs on 28/02/2007 in Sr. Manager Administration’s office, 7th floor, Petroleum House, 17 J. Tata Road, Mumbai 400 020. Only One representative is allowed per bidder. The representative should carry authorisation/identity for our reference. Note : The Tender Box is located near the Reception desk, Petroleum House, 17 J. Tata Road, Mumbai 400 020.





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(Attachment I)

INSTRUCTIONS TO BIDDER (TWO-BID SYSTEM) 1. This is only a Price Enquiry (invitation to offer) and not an order. 2. Two Bid System: The bid shall be submitted in two parts namely Unpriced & Priced. Each part shall be submitted in separate envelope marked. “Unpriced” & “Priced” as applicable with tender number and due date / time. Quotations received in Single Bid will be summarily rejected. In case you quote your Prices, in the Unpriced Bid your offer will be rejected. EMD (for the amount as indicated below) shall be kept in a separate sealed envelope marked as EMD with tender number. All above three envelopes duly sealed shall be kept in a large common sealed envelope for submitting the tender, mentioning the tender number, due date and job. Documents to be returned / forwarded (duly signed by Bidder) along with the tender will be as follows: i) EMD of Rs.2.0 Lakh as indicated below. ii) Unpriced Bid

a) Booklet(s) containing Technical Specifications, Detailed Rate Schedule (without filling rates), General Terms and Conditions, etc. b) Vendor Data Form duly completed c) Deviations, if any, to our Technical Specifications / General Terms and Conditions. In the absence of any specific mention of the same, it will be presumed that your offer is in total conformity with the Tender Enquiry.

Bidder to note that deviations shall be brought out separately on bidder’s letter head. Corrections in the tender document will not be accepted.





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iii) Priced Bid Schedule of Rates with Rate and Amount columns duly filled, signed and stamped. Amount should be indicated in figures and words. The rates shall be quoted in price bid only. Do not quote your rate anywhere else in the tender booklet. Bidder shall provide Total Delivered Cost at the end without fail. Bidder shall avoid corrections and overwriting in the priced bid.

Pre-Bid Meeting

1. Bidders are requested to attend a pre-bid meeting on 07th February 2007 at 1100 hours Indian Standard Time, in the conference hall at Petroleum House.

2. Person/persons representing the Bidder will be required to produce the necessary letter of authorization from the Bidder at the time of pre-bid meeting. The Letter of Authorization should mention the HPCL Tender enquiry Number, name, designation and signature of the person(s) authorized to attend the pre-bid meeting.

3. Clarifications sought will be addressed during the pre-bid meeting.

4. Written clarifications will be issued by HPCL by 16th February 2007.

NOTE: 1. The tender (sealed envelope) mentioning the tender number, due date and name of the job, should be deposited in the tender box provided on the ground floor near the Reception Desk at Petroleum House, 17, Jamshedji Tata Road, Mumbai-400020 by the due date and time. 2. Late, delayed tenders received after the due date and time for reasons whatsoever will not be considered. HPCL shall not be responsible for any delay including postal delay.





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3. If you are not in a position to quote, please return the tender documents with a covering letter giving reasons thereof with “regret” clearly written in bold letters on the envelope. 4. Offers not in conformity with above are liable for rejection. 5. The Tender shall be submitted along with Earnest Money Deposit which shall either be :

a. In the form of a Demand Draft drawn on any of the Nationalised Bank / Scheduled Bank (other than Co-operative bank) in favour of Hindustan Petroleum Corporation Limited, Mumbai. OR b. In the form of original bank guarantee for the said amount from a Nationalised Bank/Scheduled Bank (other than Co-operative bank) valid for six months from due date / extended due date of tender. Cheque / FDR or EMD in any other form will be treated as offer without EMD. c. Units registered with NSIC (Copy of valid registration certificate should be submitted along with unpriced bid) upto specified limits of volume and PSU (self declaration required) are exempted from submission of EMD.

Tenders received without Earnest Money Deposit as specified in covering letter will be rejected. If the EMD accompanies the priced bid, such bids will not be considered at all. Tenders submitted without EMD or not as above shall be outrightly rejected. No adjustment shall be made with EMD submitted earlier with other tenders of HPCL or any outstanding amount. If EMD is not in line with the amount called for, the EMD as well as the quotations will be returned unopened to the tenderers. 6. HPCL reserves the right to extend 10% purchase preference to PSU and 15% price preference to NSIC units at its sole discretion. 7. Validity: Quoted prices shall be valid for a period of 180 days from the due date / extended due date.





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8. HPCL reserves the right to accept any tender in whole or in part or reject any or all tenders without assigning any reason whatsoever. 9. HPCL shall not be bound to accept the lowest tender and reserves the right to accept any or more tenders in part. Decision of HPCL in this connection shall be final. 10. Please sign each and every page of Technical Specification, Terms and Conditions and Schedule of Rates as a token of your acceptance. 11. Please quote your rates against all items of the price schedule. Please note that, if any item is left unquoted, your quotation will be loaded with the highest quoted rate in that item for evaluation purpose.





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(Attachment II)

Note to Bidders & Specifications

1. The tender is for provisioning & commissioning of MPLS connectivity between Mumbai HQO & other HPCL sites as per the Attachment VIII.

Scope & Specifications :

• VPN Commissioning a. Connectivity has to be Layer 3 MPLS solution on dedicated ports with a

1:1 committed information rate with end point as Ethernet or V.35. b. The circuit should be available in full duplex mode with sending and

receiving available on the same circuit. For example, on a 128kbps circuit, 128kbps sending and 128kbps receiving should be possible simultaneously.

c. Preferred last mile should be on RF with self-healing ring based architecture for central location. Mumbai HQO will be the hub location & the other locations (as per list attached in Attachment VIII) will be the stub locations. In case if the last mile on RF is not feasible/available, service provider should provide backup link of same bandwidth on copper or fiber.

d. In case of a last mile on wireless link, the vendor will ascertain that there is no interference in the channel provided to HPCL by other Radio devices in the neighbourhood. In case the channel provided has interference, then the vendor will apply and make available a licensed channel and compatible Radio Modems at its own cost. HPCL will not bear any extra cost towards the same.

e. The bidders are expected to do a complete site survey for feasibility for positioning of the terminating equipment. They should clearly state the equipment that will be deployed with its physical, electrical & any other related requirement. Estimation of the cabling & related activities should be also clearly specified. The charges towards cabling & other activities should be included in the Rate format. Any extra material /quantity required for the project execution not mentioned in the rate format shall be supplied and deployed by the vendor at no extra cost to HPCL.





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f. In case a MUX is placed at HPCL end for the hub location, then the same should be approximately 19” standard communication rack size and should be able to work on battery backup for atleast 20 minutes. This battery bank should also be kept in the same rack as that of the MUX.

g. Supply, Installation and configuration of WAN end equipments like routers, modems, last mile equipments etc. would be done by the vendor to provide the solution. For termination of the MPLS circuit, the bidder has to provide Cisco 1841 router with the necessary Cisco adapters, cables etc required. The router should be having a WAN card having 2 ports supporting upto 2 Mbps speed i.e. with a WIC 2T card. The router would become the property of HPCL. This router will carry a three year warranty. The AMC on completion of warranty may be awarded to the vendor on the rates given by the vendor in the rate format.

h. The vendor will be responsible for the configuration of the router. To understand the current networking scenario kindly refer to Attachment VII. The vendor will have to configure the router with the following objectives:

a. The links should work in a load sharing. In case if complete load sharing is not possible then partial load sharing via Policy based routing or any other method could be adopted to make effective use of both the links

b. Either link should be available as a effective fallback in case of failure of the other link. The fallback is desired in the following manner i.e.

i. Primary link – New MPLS circuit proposed ii. First Fallback – Existing BSNL MPLS / LL circuit iii. Second Fallback – ISDN / VSAT in this order. iv. Note that the above list is indicative of the manner in which

the fallback is desired, and that some locations might not have some or all of the alternate mediums mentioned above.

i. LAN IP shall remain same as per the current schema implemented in HPCL at all the locations.

j. The bidders must submit detailed technical solution as part of his technical bid. The documentation should include configuration code for each scenario forseen. The vendor is liable for achieving the objectives at each





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instance. The vendor should undertake to update this information as when there is a change. Submission of detailed project documentation to HPCL Network project team within 2 weeks of date of Purchase Order.

k. The All queries related to the scope of the work may be sought from Mr. Ajay Samudra, Sr. IT-Officer/ Mr. Jayant Gupta, Sr. Manager (IT) during office hours from 9:30 AM to 5:30 PM on all working days. The interested bidders may visit these sites and carry out a site survey with prior information and approval from HPCL team. No separate site survey charges shall be paid to any bidder, irrespective of whether the vendor is awarded the contract or not.

• Network Monitoring

a. The bidder should have state-of-art Network management center for troubleshooting round the clock to ensure uninterrupted services. This NOC should be manned by technical staff (24x7) and have call logging and escalation procedures.

b. Network monitoring & reports: The bidder should provide statistics for the different COS statistics as specified. Application wise reports are desirable. The reports could be provided on a monthly basis per link. The bidder should also specify the access to its systems for auditing or monitoring of its links. The comprehensive list of reports is attached at Attachment IV.

c. The bidder will provide a web view of the network available at its NOC. This view should show all the locations with zooming facility to see a part of it in detail. It must also be able to show the locations in atleast three colours – red (down), yellow (critical), green (up). The web view at HPCL and NMS at NOC should be up and running all the time. HPCL would require 7 different views. View at HUB location should have all the locations displayed whereas zonal and refinery views should have only the locations attached to them in the view. The groupings of the locations for zones and refineries would be confirmed by HPCL. Vendor would ensure the view at HUB location to be accessible from more than one PC simultaneously.

d. The Vendor will have to demonstrate the availability of NOC, NMS and the possibility of generation of reports to HPCL officials during the technical review of the bids. The same NOC certified by HPCL shall be used for





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actual monitoring by the vendor on being awarded the tender.

• Network Expandability a. The last mile bandwidth capacity for all the locations to Service providers

MPLS PoP should be min. of 2 Mbps considering future scalability. It should be limited to the actual required bandwidth. BIDDER should be able to add new Branches to the network and to carry out all up-gradations on-line without bringing down the network for any reason. The equipment provided at HPCL premises for the MPLS circuit should be able to support bandwidth as per HPCL requirement. The intimation of change in bandwidth would be done by HPCL one week before the time/date it is to be implemented.

b. In case of an increase in bandwidth of any circuit, the rate of the increased bandwidth will be paid to the vendor on a pro rata basis

c. In case of a change in location required by HPCL at a later date, neccessary charges shall be paid as quoted by the vendor in the rate format. No other charges shall be paid apart from those quoted.

• Traffic details

a. The basic services that are used on HPCL network are ; 1. IP Messaging 2. Http, Https 3. SNMP, ICMP, FTP, Telnet, SSH

b. Advanced services 1. IP Telephony 2. Video Conferencing

c. The COS to be implemented in this solution will be mutually discussed & finalised on the bidder getting the contract. The service provider should however ensure that there is a provision of defining atleast three Class of Service. The service provider should ensure that traffic is prioritised as per the listing given by HPCL. The actual division could change over time as per requirement of HPCL. Vendor should be able to make changes as required by HPCL. The division of bandwidth over the different speeds of line mentioned are as per the table below:





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� � ��

�

Sr No

BW (Kbps) VOIP / Video %

Real Time Data ERP, Automation in %

Messaging %

Others %

1 128 Kbps 38 52 7 3

2 256 Kbps 19 66 10 5

3 512 Kbps 15 70 10 5

4 2048 Kbps 20 65 10 5





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(Attachment IIA)

Terms & conditions of the Contract :

1. Eligibility criteria : Considering the criticality of the task, it is extremely important for vendors to ensure that they have required infrastructure, resources and skill-sets to fulfill HPC’s requirements. The vendors who fulfill the following conditions are only qualified for submission of their bids :

a. The bidder should be a layer 3 MPLS VPN service provider having its own MPLS network. The bidder should have the necessary geographic lead to route customer data via different route / region in case of disaster. Therefore it is essential for the service provider to have a valid NLDS licence awarded by the Department of Telecommunication (India). (Attach a copy of the license). In case two or more vendors are bidding as a consortium, both the companies/vendors should hold a valid license.

b. The bidder should have state-of-art Network management center for troubleshooting round the clock to ensure uninterrupted services

c. It shall have Points of Presence (PoPs) at more than 50 locations on its backbone and should have PoP level redundancy in major locations to ensure high availability

d. The bidder company must have requisite infrastructure and resources to successfully execute the project and provide services at various locations of HPCL. The bidder must enclose a list of operational offices and service centers.

e. The bidder should submit the order copies from at least 3 existing customers to whom the vendor has been providing MPLS VPN services for past one year and connecting more than 50 locations for each customer. Documentary evidence of the same needs to be enclosed.

f. The bidder should not have any issue pending with the Telecom authority or governing body such as licensing or others that could impact delivery of services.

g. The bidder should have provided redundancy of POPs for the central location of HPCL i.e. at Mumbai for providing & ensuring high





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availability and redundant network connectivity. Bidder to attach diagram depicting the redundancy at Petroleum House.

The bidders are advised to ensure their qualifying the eligibility criteria and submit adequate documentation to prove their credentials The bidders are required to provide details in respect of above as per Attachment III

2. Conditions: a. The bidder should submit a plan explaining the scheduled rollout of solutions

clearly indicating the timeframe of the same. b. The bidder should ensure that the network parameters are within the norms

as specified i. Latency : < 80 msec at link being idle ii. Jitter should be within permissible limits so it does not degrade the

quality of real time applications such as Video, VoIP services etc. It should be less than 20 msec

c. Security: The bidder needs to elaborate on the security aspects of the solution / services provided. The liability if any should be clearly specified. HPCL will qualify the bid as technically feasible only after the assurance of the bidder.

d. The bandwidth charges shall be applicable for three years from date of PO. However if the TELCO lowers its rates during the period of PO & provides lower rates to other customers then it is binding for the Telco to offer the lower rates applicable in the same proportion to HPCL.

e. The bidders must treat the network information provided in this document as confidential. The vendor will take all precautions to ensure that sensitive details of the network are protected and not disclosed to anybody without prior approval of HPC.

f. Service Help desk : The bidder should provide information on i. Procedure for Emergency & complaint bookings ii. Escalation patterns & methodology - HPCL should be able to change

the intervals as per their requirements iii. Web based call logging & status tracking

g. The bidders have to use rate format as provided at Attachment IX





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h. No extra charges shall be paid apart from that mentioned in the rate format. The vendor has to adhere to the rate format for quoting of rates. Any deviation will be treated as technically non feasible

i. Payment will be done on a Quarterly basis after the quarter is over and on presentation of invoice to HPCL.

j. SLA & Non-Performance : The contract is meant for comprehensive management of the MPLS circuit for maximum uptime and optimum performance. Any failure in meeting HPC’s expectations as per the contract shall attract non-performance charges without any prejudice to HPCL’s right to cancellation of the Purchase order as per standard purchase terms of HPCL. The leviable non-performance charges are as follows :

i. Excessive errors on the links shall be treated as link down. Any other issues such as clocking issues which will render the link unusable will be treated as link down. Any other deviation such as jitter or latency beyond the permissible limits specified will be treated as dowtime. The vendor shall have to provide adequate proof in such cases to the satisfaction of HPCL and HPCL team’s decision shall be final & binding on this.

ii. For the various instances of outages the following SLA’s are applicable as given in the table below :

Sr No Description Acceptable

downtime of an instance

% Hours Uptime

1 Site 4 hours 99.0% per month 2 POP 30 minutes 99.5% per month 3 Main Hub 10 minutes 99.9% per month

iii. Non performance charges: Payment will be made on a quarterly

basis & Non performance charges for downtime will be calculated on a monthly basis. Quarterly payment will be made after the deduction of the penalties. The total penalties levied on the vendor at any point of time shall not exceed 20% of the total payable value. The calculation of the Non performance charges/payment is as given below

a. In case of a site being down for more than the acceptable downtime as specified in the table in an instance during





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business hours a non performance charge of 2.5% of the monthly value for the link for every two hours & thereof will be levied. Overall uptime should not be lower than 99%. For every 0.5% downtime beyond the permissible limits, 1% non performance charge of the monthly value of the link will be deducted. Both the penalties of hours and percentage would be added up for deduction from the payment.

b. In case of a POP being down for more than the acceptable downtime as specified in the table in an instance during business hours a non performance charge of 2.5% of the monthly value of the affected links for every 30 minutes & thereof will be levied. Overall uptime should not be lower than 99.5%. Beyond that for every 0.5% downtime 2.5% non performance charge of the monthly value of the affected links will be deducted. Both the penalties of hours and percentage would be added up for deduction from the payment.

c. In case of a main hub being down for more than the acceptable downtime as specified in the table in an instance during business hours a non performance charge of 5% of the monthly value of the of the bill for every 30 minutes hours & thereof will be levied. Overall uptime should not be lower than 99.9%. Beyond that for every 0.5% downtime 5% on performance charge of the monthly value of the bill will be deducted. Both the penalties of hours and percentage would be added up for deduction from the payment.

d. The vendor should undertake to provide a standby or repair / replace the router within 24 hours incase of device malfunctions. This includes the necessary configuration or installation. The replacement should be of equivalent equipment or higher configuration capable of providing the existing functionalities. Failure to do so will attract a non performance charge of 1% of the monthly value of the bill for every four hours thereafter.





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k. Payments: Payments shall be made on commissioning of all MPLS circuits as per the advice for commissioning given by HPCL from time to time. Bandwidth recurring charges shall be paid quarterly after the completion of service for that quarter. Movement of location charges shall be paid after commissioning of MPLS circuit at the new location.

l. Failure & Cancellation of contract: HPCL may at any time terminate the

contract for reasons to be recorded in writing.





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(Attachment III) �

The bidders must furnish following information: 1) Details to support of Eligibility Criteria to be furnished along with the RFP:

Details of atleast three MPLS implementation done:

1. Name and Address of customer

2. Name and address of contact person (with phone, fax & e-mail)

3. Nature of services being provided

4. Brief description of network setup Please attach copies of the PO.

2) Bidder’s details: 1. Office address, telephone fax nos. dealing this RFP

2. Details of official dealing with HPCL for this RFP

3). Deviations from Objectives: The bidder must specify the deviations / infeasibility, if any, from the expectations in this tender document as given in the Compliance Sheet Attachment V. In case nothing is specified under this heading, it will be assumed that there are no deviations from the requirements described in this document.

4). Detailed technical solution – Please attach with all details.





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(Attachment IIIA) General Terms and Conditions 1. Please contact Shri Asoke Bera/Kripesh Saha, IT Dept, Petroleum House, 4th floor, 17 J. Tata Road, Mumbai 400 020 for all Technical enquiries. Tel. 22863414 2. Firm Price : Your prices should remain firm till the completion of the order. The duration of the PO will be for one year. Any variation in taxes, duties and statutory levies / imposition of new levies during the pendancy of the order will be to HPCL’s account. 3. Job Completion Schedule: The list of locations would be given to the vendor for implementation by HPCL at various intervals. Vendor will have to complete installation and commissioning of the link within 2 months from the date of the advice. All the locations ordered though this Purchase Order shall be offered to the vendor for implementation within a period of one year from the date of Purchase Order. Single vendor to implement the complete solution for all the locations. However, vendor can ask for dropping of max 10% locations from the list which are infeasible and are not critical to HPCL. These locations shall be mutually agreed between vendor and HPCL for not commissioning. All locations mentioned in the tender have to be provided with the MPLS connectivity, however HPCL reserves the right to ask vendor not to implement at one or more locations as required by the HPCL. 4. Delayed Delivery & Non-performance charges: The date of job completion should be as stipulated in the order will be deemed to be the essence of the contract. In case of delay in execution of the order beyond the date of delivery as stipulated in the order or any extensions sanctioned by the Corporation at its options either: i) Accept delayed delivery at prices reduced by a sum equivalent to 1/2% of the indented value for every week of delay or part thereof of the delay subject to a maximum of 5% of the total indented value. The indented value means the total





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supply cost and installation and commissioning cost including taxes, duties, levies, freight etc. (OR) ii) Cancel the order in part or full and purchase such cancelled quantities from elsewhere on account and at the risk of the vendor, without prejudice to its right under (i) above in respect of goods delivered. In case of delay in services NPC are applicable as per clause no. 2-j of conditions in Attachment – IIA 5. Payment Terms: Payment will be made 30 days from the date of completion of indented activity. Payment will be made at our Disbursement Section, Petroleum House, 17 J. Tata Road, Mumbai 400 020. OR 15 days from receipt of the bill along with proof of delivery to HPCL, whichever is later. The Payment to the vendor shall be paid as per clause no. 2-k of conditions in Attachment – IIA 6. Earnest Money Deposit (EMD) : Each tender should be accompanied by EMD for Rs.2,00,000/- (Rs. Two Lakhs only) by way of pay order/demand draft or non-revocable Bank Guarantee (as per format) on any scheduled bank (other than Co-operative Banks) in India in favour of M/s. Hindustan Petroleum Corporation Limited, payable at Mumbai. Cheques, Money Orders, Cash etc., will not be accepted. Tenders without EMD in the required form will be rejected. EMD of unsuccessful tenderers will be refunded only after finalisation of order without any interest. In other words, EMD for Tenders with D/D or Bank Guarantee from any Co-operative Bank will not be accepted even if it is a Scheduled Bank. In case EMD is given from a Co-operative Bank your offer will be rejected. In case successful tenderer withdraws his offer/fails to take up the job, his EMD will be forfeited and no claim whatsoever will be entertained. Linking with earlier transactions/adjustments with pending bills, or any other amount payable by the corporation is not allowed. The Earnest Money is liable to forfeiture in the event of:





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i) Withdrawal of offers during the validity period of the offer/ non-workability of rates. ii) Non-acceptance of orders when placed. iii) Non-confirmation of acceptance or orders within the stipulated time after placement of orders. iv) Any unilateral revision made by the tenderer during the validity period of the offer. v) Non-execution of the document after acceptance of the contract due to any dispute of the tenderers or any reason whatsoever Exemption from Earnest Money: i. Public Sector Undertakings (State/Central) are exempted from payment of Earnest Money. ii. Units registered with National Small Industries Corp. Ltd (NSIC) are exempted from payment of Earnest Money provided

a. The unit is Registered for the item tendered and the value of the quotation does not exceed the value limit given in the certificate produced.

b. Registration Certificate is valid as on date of quotation. c. Quotation is accompanied by photostat copy of valid NSIC Registration

Certificate & competency certificate. Earnest Money Deposit Refund will be made to all unsuccessful tenderers after finalization of tender. EMD of successful bidder(s) shall be returned, without interest after receipt of necessary Security Deposit. HPCL will not pay any interest on EMD / Security Deposit / Retention Money etc. Registration with DGS&D, Kendriya Bhandar etc. will not entitle the tenderer to claim exemption from payment of Earnest Money. 7. Warranty: The Cisco routers should be under 3 years warranty from the date of installation or 3 years from the date of last installation whichever is later. Post Warranty AMC is applicable and limited to 2 years. Please ensure that P.W. AMC charges are quoted in the Price Schedule at Attachment IX B). 8. Performance Bank Guarantee: The supplies made against this order shall be fully guaranteed against any manufacturing defects/poor workmanship/inferior quality





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etc. for a period of three years from the date of installation OR three years from the date of last installation whichever is later. During this period you will arrange to repair/replace any defective parts free of cost or replace complete set if required. Guarantee certificate should be submitted alongwith despatch documents. You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled Bank (other than Co-operative banks) for 10% value of the material supplied and valid during the above guarantee period. The Performance Bank Guarantee should be given well in advance failing which 10% will be withheld from the payments due to the vendor until expiry of the Warranty period. 9. Security Deposit (SD): The successful Bidder(s) will have to make a Security Deposit of 1% (One percent) of the total Order value in the form of an account payee crossed Demand Draft from a Scheduled Bank other than Co-operative Bank drawn in favour of ‘Hindustan Petroleum Corporation Limited’, payable at Mumbai, within 15 days of date of receipt of LOI/PO, failing which HPCL reserves the right to cancel the Order/LOI and forfeit the EMD. Security Deposit will be refunded without any interest after successful execution of the order (supply /installation) in all respects. 10. Changes in Configuration : On placement of the Purchase Order, during the currency of the same, if the configuration quoted for cannot be supplied by the Vendor due to its phasing out and/or non-availability, then HPCL may accept a higher configuration. The vendor shall obtain clearance from HPCL for supplying a higher configuration. HPCL shall be the final deciding authority regarding a higher configuration, if the configuration tendered for is not available. All the equipment supplied shall be in best working condition. 11. Termination :- HPCL may at any time terminate the contract for reasons to be recorded in writing. 12. Arbitration : a) All disputes and differences of whatsoever nature, whether existing or which shall at any time arise between the parties hereto touching or concerning the agreement, meaning, operation or effect thereof or to the rights and liabilities of the parties or arising out of or in relation thereto whether during or after completion of contract or whether before after determination, foreclosure, termination or breach of





______________________________


the agreement (other than those in respect of which the decision of any person is, by the contract, expressed to the final and binding) shall, after return notice by either parties to the agreement to the other of them and to the Appointing Authority hereinafter mentioned, be referred for adjudication to the sole arbitrator to be appointed as hereinafter provided. b) The appointing authority shall either himself act as a sole arbitrator or nominate some officer of Hindustan Petroleum Corporation Ltd. (refereed to as owner or HPCL) to act as Sole Arbitrator to adjudicate the disputes and differences between the parties. The Bidder/vendor shall not be entitled to raise any objection to the appointment of such officer of the owner as the Sole Arbitrator on the ground that the said officer is an officer and /or shareholder of the owner or that he /she has to deal or dealt with the matter to which the contract relates or that in the course of duties as of officer of the owner, he/she has/ had expressed view on all or any of the matters in dispute or difference. c) In the event of the Arbitrator to whom the matter is referred to, does not accept the appointment, or is unable or unwilling to act or resigns or vacates his office for any reasons whatsoever, the Appointing Authority aforesaid, shall nominate another officer of the Owner to act as Arbitrator. d) Such Officer nominated as Sole Arbitrator shall be entitled to proceed with the Arbitration from the stage at which it was left by the predecessor. It is expressly agreed between the parties that no person other than the Appointing Authority or an Officer of the Owner nominated by the Appointing Authority, shall act as an Arbitrator. e) The award of the Sole Arbitrator shall be final and binding on the parties to the agreement. f) The work under the Contract shall, however, continue during the Arbitration proceedings and no payment due or payable to the concerned parties shall be withheld (except to the extent disputed) on account of initiation, commencement or pendency of such proceedings. g) The Arbitrator may give a composite or separate Award(s) in respect of each dispute or difference referred to him and may also make interim award(s) if necessary.





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h) The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the parties unless the Sole Arbitrator otherwise directs in his award with reasons. The Award of the Sole Arbitrator shall be final and binding on both the parties. i) Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made thereunder, shall apply to the Arbitration proceedings under this Clause. j) The Contract shall be governed by and constructed according to the laws in force in India. The party is hereby submit to the exclusive jurisdiction of the Courts situated at Mumbai for all purposes. The Arbitration shall be held at (preferably to the location where the work is being carried out, or nearest major controlling city or from where P.O. is placed, say Mumbai) and conducted in English language. k) The Appointing Authority is the Functional Director of Hindustan Petroleum Corporation Ltd. 13. Validity: The rates quoted in this Bid are to be kept valid for a period of 180 days from the Bid due date or extended Bid due date. 14. Grievances Redressal Mechanism is hosted on the Corporation’s web site. Refer the site for details. If the Bidder fails to complete the work and the order is cancelled, the amount due to him on account of work executed by him, if payable shall be paid to him, only after due recoveries as per the provisions of contract and that too after alternative arrangements to complete the work has been made. HPCL RESERVES THE RIGHT TO ACCEPT OR REJECT ONE OR ALL TENDER IN PART OF IN FULL AT ITS OWN DISCRETION.





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Parties are requested to refrain from putting additional clauses/terms/conditions in their offer & confirm unconditional acceptance to the terms and conditions of this tender enquiry. Offers with additional terms & conditions are liable for rejection. PARTY TO TAKE CARE TO ENSURE THAT THERE ARE NO ARITHMETICAL ERRORS. IN CASE OF ANY DISCREPANCY IN THE TOTALS BASED ON CALCULATION IN THE PARTY’S OFFER AND THAT BASED ON HPCL’S WORKING, THE TOTAL BASED ON HPCL’S WORKING SHALL BE FINAL AND NON-ARBITRABLE.





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(Attachment IV)

Types of Reports

The types of reports that are required for the monitoring of the links are as follows: a) Link Utilization b) Link errors (CRC, Input errors, drops etc) c) Link Availability ( Bifurcation of link downtime & other causes of link being

down to be specified d) Link Latency e) Reports of link uptime should be provided per location per node & over

connectivity. The same should also be configurable w.r.t to time. f) Router CPU utilization g) The data for above reports for all the links should be available for a period of

one year. Also, it should be possible to take reports for a configurable time period ranging from a day to a year. It should also be possible to take reports on peaks, average values of the above parameters.

Reports of Call logs as per the following :

(1) W.r.t time i.e. fixed time period such as daily, weekly monthly etc (2) W.r.t to calls i.e Logged, pending & Completed within a pecified time

frame. Call log should have standard classification for categorization of faults, this will be useful to get an insight with the statistics on the types of problem occuring. Miscellaneous reports : The bidder should also provide for the following reports on periodic / on demand basis

(1) Hardware classification reports (2) Location wise detailed hardware reports (3) Hardware availability reports w.r.t to location, time & asset (4) Asset movement / alteration or changed reports

NMS reports should be made available to HPCL personnel from a central server. This server should be reachable by our network. The reports / data available through this interface could be queried for a variable time frame.





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(Attachment V)

Compliance Sheet Sr.No. Requirement Yes No 1 Provision for atleast three Class of Service 2 Latency should not exceed 80 msec on idle link

3 Link errors should not exceed 1 percent 4 Jitter should not exceed 20 msec 5 Documentation for security of bidder’s MPLS backbone 6 Customer details of three customers, who are availing of

the service for atleast one year & having more than 50 MPLS nodes from the bidder

7 Bidder can provide facilities for call logging & provide its reports

8 Bidder can provide Web interface for monitoring of nodes 9 Bidder will be able to provide reports for the link & router

as specified in Attachment

10 SLA is a acceptable as per the table 11 No dependency on BSNL infrastructure for provision of link 12 Change in bandwidth will be effective within two weeks of

intimation from HPCL

13 Bidder agrees for the Non performance charges clauses as mentioned in the tender

14 Bidder agrees to commission atleast 90% of locations 15 Vendor accepts HPCL payment terms 16 Vendor accepts all other HPCL conditions �

�





______________________________


(Attachment VI)

Vendor Data Form

1. Name of the Company: ____________________________________ 2. Address of the Company: __________________________________

__________________________________ __________________________________

3. During the time the Tender enquiry is received and the tender is

submitted by us to your office, we authorize following person/persons whose signatures are attested below to deal with HPCL on our behalf for any clarifications:

Sr. No. Name & Designation Contact

Telephone & Fax

E-mail Address Specimen Signature

1

2

3





______________________________






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(Attachment VIII) Sr No Location Name BW Required � Ajmer LPG 128 �� AMBALA IRD 128 �� ANKLESHWAR LPG 128 �� Baruni Terminal 128 �� Bathinda Lube Depot 128 �� BIJWASAN INSTALLATION 128 �� Budge budge Terminal II 128 �� Cuddapah Depot 128 �� Devengundi IRD 128 �� Elathur IRD 128 � Falakata LPG 128 �� GANDHINAGAR LPG 128 �� Gauhati RO 128 �� Gumudipundi LPG Plant 128 �� Haldia Terminal 128 �� Haldwani IRD 128 �� HASSAN TOP 128 �� HAZARWADI LPG 128 �� Hoshiarpur 128 �� IRUGUR INSTALATION 128 � � IRUMPANAM TERMINAL 128 �� JALANDHAR IRD 128 �� Jammu LPG 128 �� Jamshedpur LPG 128 �� Jatni LPG 128 �� Jind LPG 128 �� KANDLA 128 �� Kapplur IRD 128





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�� Karur BPC 128 �� KHAPRI - LPG 128 � � MANDIR HASAUD 128 �� MANGLIA LPG 128 �� MATHURA INSTALLATION 128 �� Meerut IRD 128 �� NANDESARI 128 �� PALAM IGI 128 �� Palanpur Terminal 128 �� PANEWADI 128 �� Panipat IRD 128 �� Patna LPG 128 � � Purnia LPG 128 �� Ranchi Road 128 �� Rewari TOP 128 �� SALWAS TOP 128 �� SANGANER IRD 128 �� SANGRUR IRD 128 �� SHAKURBASTI INSTALLATION 128 �� Shillong IRD 128 �� Somnathpur 128 �� Suryapet Terminal 128 � � Tirunelveli Depot 128 �� Trichy 128 �� Unnao LPG 128 �� USAR LPG 128 �� VASCO TERMINAL 128 �� VVSPL 128 �� Bharatpur IRD 128 �� Budge Budge Terminal I 256





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�� CHERLAPALLY LPG PLANT 256 �� Kondapalli LPG RO 256 � � LONI LPG 256 �� LONI TERMINAL 256 �� Mangalore LPG Import Facilities 256 �� Mangalore Terminal (3003) 256 �� MANGLIA IRD 256 �� Mundra Terminal 256 �� BAHADURGARH LPG PLANT 512 �� Ghatkeshwar Terminal 512 �� VASHI TERMINAL 512 �� Visakh LPG 512 � � Visakh Terminal 512 �� Hyderabad DR 2 Mb �� PH 4 Mb





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(Attachment IX A) Please indicate (yes / no) in the table below and to be submitted along with

unpriced bid.

Rate Format

� � Bandwidth / Port charges per month for 128Kbps

�� Bandwidth / Port charges per month for 256Kbps


�� Bandwidth / Port charges per month for 1Mbps


�� One time Installation and commissioning charges per location

�� Last Mile for a location per km per month charges

�� Deinstallation/ decommissioning charges

�� Reinstallation/ recommissioning charges

� �� Bandwidth increase/ decrease request implmentation charges

� � Calculated on basis of above cost components

To be Computed below

� �� Calculated on basis of above cost components


��

� ��

��

��

�

��

� ��

��

��

�� !�� "�#�

$�#��

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-�

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%��/� /�

�)�

� Ajmer LPG 128 � � � � �

�� AMBALA IRD 128 � � � � �





______________________________


�� ANKLESHWAR LPG 128 � � � � �

�� Baruni Terminal 128 � � � � �

�� Bathinda Lube Depot 128 � � � � �

�� BIJWASAN INSTALLATION 128

� � � � �

�� Budge budge Terminal II 128

� � � � �

�� Cuddapah Depot 128 � � � � �

�� Devengundi IRD 128 � � � � �

�� Elathur IRD 128 � � � � �

� Falakata LPG 128 � � � � �

�� GANDHINAGAR LPG 128 � � � � �

�� Gauhati RO 128 � � � � �

�� Gumudipundi LPG Plant 128 � � � � �

�� Haldia Terminal 128 � � � � �

�� Haldwani IRD 128 � � � � �

�� HASSAN TOP 128 � � � � �

�� HAZARWADI LPG 128 � � � � �

�� Hoshiarpur 128 � � � � �

�� IRUGUR INSTALATION 128 � � � � �

� � IRUMPANAM TERMINAL 128 � � � � �

�� JALANDHAR IRD 128 � � � � �

�� Jammu LPG 128 � � � � �

�� Jamshedpur LPG 128 � � � � �

�� Jatni LPG 128 � � � � �

�� Jind LPG 128 � � � � �

�� KANDLA 128 � � � � �

�� Kapplur IRD 128 � � � � �

�� Karur BPC 128 � � � � �

�� KHAPRI – LPG 128 � � � � �

� � MANDIR HASAUD 128 � � � � �





______________________________


�� MANGLIA LPG 128 � � � � �

�� MATHURA INSTALLATION 128 � � � � �

�� Meerut IRD 128 � � � � �

�� NANDESARI 128 � � � � �

�� PALAM IGI 128 � � � � �

�� Palanpur Terminal 128 � � � � �

�� PANEWADI 128 � � � � �

�� Panipat IRD 128 � � � � �

�� Patna LPG 128 � � � � �

� � Purnia LPG 128 � � � � �

�� Ranchi Road 128 � � � � �

�� Rewari TOP 128 � � � � �

�� SALWAS TOP 128 � � � � �

�� SANGANER IRD 128 � � � � �

�� SANGRUR IRD 128 � � � � �

�� SHAKURBASTI INSTALLATION 128

� � � � �

�� Shillong IRD 128 � � � � �

�� Somnathpur 128 � � � � �

�� Suryapet Terminal 128 � � � � �

� � Tirunelveli Depot 128 � � � � �

�� Trichy 128 � � � � �

�� Unnao LPG 128 � � � � �

�� USAR LPG 128 � � � � �

�� VASCO TERMINAL 128 � � � � �

�� VVSPL 128 � � � � �

�� Bharatpur IRD 128 � � � � �

�� Budge Budge Terminal I 256 � � � � �

�� CHERLAPALLY LPG PLANT 256

� � � � �

�� Kondapalli LPG RO 256 � � � � �





______________________________


� � LONI LPG 256 � � � � �

�� LONI TERMINAL 256 � � � � �

�� Mangalore LPG Import Facilities 256

� � � � �

�� Mangalore Terminal (3003) 256 � � � � �

�� MANGLIA IRD 256 � � � � �

�� Mundra Terminal 256 � � � � �

�� BAHADURGARH LPG PLANT 512

� � � � �

�� Ghatkeshwar Terminal 512 � � � � �

�� VASHI TERMINAL 512 � � � � �

�� Visakh LPG 512 � � � � �

� � Visakh Terminal 512 � � � � �

�� Hyderabad DR 2 Mb � � � � �

�� PH 4 Mb � � � � �

��

� �

Deinstallation/ decommissioning charges - shifting of location 5 Nos �

Reinstallation/ recommissioning charges - shifting of location 5 Nos �

Total cost for location change =





______________________________


Fixed Cost

1 Cost of one Cisco 1841 router with 3 year warranty as specified

2 VAT 3 Octroi

Total cost of 1 Router Total cost of 70 Routers

AMC of CISCO Router Rates

1 AMC of one CISCO 1841 router for 4th year 2 AMC of one CISCO 1841 router for 5th year 3 Applicable service tax on AMC on AMC charges

4 Total AMC cost for one CISCO 1841 routers for 2 years along with its Cisco accessories (including taxes)

Total AMC Cost for 70 Routers





______________________________


PRICED BID





______________________________


(Attachment IX B)

To be submitted as priced bid.

Rate Format

� � Bandwidth / Port charges per month for 128Kbps





�� One time Installation and commissioning charges per location

�� Last Mile for a location per km per month charges

�� Deinstallation/ decommissioning charges

�� Reinstallation/ recommissioning charges

� �� Bandwidth increase/ decrease request implmentation charges

� � Calculated on basis of above cost components


� �� Calculated on basis of above cost components


��

� ��

��

��

�

��

� ��

��

�� !�� "�#�

$�#��

%&'(�)�

%��)�

*��

��

%� +,��

(��

!��-�

��

!��)�

.��

��! ��

%&!)�

%� �+��-�

#��)�

%��/� /

� �)�

� Ajmer LPG 128 � � � � �

�� AMBALA IRD 128 � � � � �





______________________________


�� ANKLESHWAR LPG 128 � � � � �

�� Baruni Terminal 128 � � � � �

�� Bathinda Lube Depot 128 � � � � �

�� BIJWASAN INSTALLATION 128

� � � � �

�� Budge budge Terminal II 128

� � � � �

�� Cuddapah Depot 128 � � � � �

�� Devengundi IRD 128 � � � � �

�� Elathur IRD 128 � � � � �

� Falakata LPG 128 � � � � �

�� GANDHINAGAR LPG 128 � � � � �

�� Gauhati RO 128 � � � � �

�� Gumudipundi LPG Plant 128 � � � � �

�� Haldia Terminal 128 � � � � �

�� Haldwani IRD 128 � � � � �

�� HASSAN TOP 128 � � � � �

�� HAZARWADI LPG 128 � � � � �

�� Hoshiarpur 128 � � � � �

�� IRUGUR INSTALATION 128 � � � � �

� � IRUMPANAM TERMINAL 128 � � � � �

�� JALANDHAR IRD 128 � � � � �

�� Jammu LPG 128 � � � � �

�� Jamshedpur LPG 128 � � � � �

�� Jatni LPG 128 � � � � �

�� Jind LPG 128 � � � � �

�� KANDLA 128 � � � � �

�� Kapplur IRD 128 � � � � �

�� Karur BPC 128 � � � � �

�� KHAPRI – LPG 128 � � � � �

� � MANDIR HASAUD 128 � � � � �





______________________________


�� MANGLIA LPG 128 � � � � �

�� MATHURA INSTALLATION 128 � � � � �

�� Meerut IRD 128 � � � � �

�� NANDESARI 128 � � � � �

�� PALAM IGI 128 � � � � �

�� Palanpur Terminal 128 � � � � �

�� PANEWADI 128 � � � � �

�� Panipat IRD 128 � � � � �

�� Patna LPG 128 � � � � �

� � Purnia LPG 128 � � � � �

�� Ranchi Road 128 � � � � �

�� Rewari TOP 128 � � � � �

�� SALWAS TOP 128 � � � � �

�� SANGANER IRD 128 � � � � �

�� SANGRUR IRD 128 � � � � �

�� SHAKURBASTI INSTALLATION 128

� � � � �

�� Shillong IRD 128 � � � � �

�� Somnathpur 128 � � � � �

�� Suryapet Terminal 128 � � � � �

� � Tirunelveli Depot 128 � � � � �

�� Trichy 128 � � � � �

�� Unnao LPG 128 � � � � �

�� USAR LPG 128 � � � � �

�� VASCO TERMINAL 128 � � � � �

�� VVSPL 128 � � � � �

�� Bharatpur IRD 128 � � � � �

�� Budge Budge Terminal I 256 � � � � �

�� CHERLAPALLY LPG PLANT 256

� � � � �

�� Kondapalli LPG RO 256 � � � � �





______________________________


� � LONI LPG 256 � � � � �

�� LONI TERMINAL 256 � � � � �

�� Mangalore LPG Import Facilities 256

� � � � �

�� Mangalore Terminal (3003) 256 � � � � �

�� MANGLIA IRD 256 � � � � �

�� Mundra Terminal 256 � � � � �

�� BAHADURGARH LPG PLANT 512

� � � � �

�� Ghatkeshwar Terminal 512 � � � � �

�� VASHI TERMINAL 512 � � � � �

�� Visakh LPG 512 � � � � �

� � Visakh Terminal 512 � � � � �

�� Hyderabad DR 2 Mb � � � � �

�� PH 4 Mb � � � � �

��

� �

Deinstallation/ decommissioning charges - shifting of location 5 Nos �

Reinstallation/ recommissioning charges - shifting of location 5 Nos �

Total cost for location change =





______________________________


Fixed Cost

1 Cost of one Cisco 1841 router with 3 year warranty as specified

2 VAT 3 Octroi

Total cost of 1 Router Total cost of 70 Routers

AMC of CISCO Router Rates

1 AMC of one CISCO 1841 router for 4th year 2 AMC of one CISCO 1841 router for 5th year 3 Applicable service tax on AMC on AMC charges

4 Total AMC cost for one CISCO 1841 routers for 2 years along with its Cisco accessories (including taxes)

Total AMC Cost for 70 Routers Total Cost (In words):_________________________________________________

Note: In case of variation in the amount mentioned in words and figures; the amount mentioned in words will be considered.





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(Attachment X) (SPECIMEN) BANK GUARANTEE IN LIEU OF EARNEST MONEY (On Non-Judicial stamp paper of appropriate value) TO : Hindustan Petroleum Corporation Limited (Address as applicable) IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called "The Corporation" which expression shall include its successor in business and assigns) issued a tender on Messrs. ................................................ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at (hereinafter called "the Tenderer" which expression shall include its executors, administrators and assigns) against Tender no............ dated .................... (hereinafter called "the tender" which expression shall include any amendments/ alterations to "the tender" issued by "the Corporation") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" having agreed not to insist upon immediate payment of Earnest Money for the fulfilment of the said tender in terms thereof on production of an acceptable Bank Guarantee for an amount of Rs....... (Rupees ................................. only). We, ................................... Bank having office at ..................................................... Bombay (hereinafter referred to as "the Bank" which expression shall include its successors and assigns) at the request and on behalf of "the Tenderer" hereby agree to pay to the Corporation without any demur on first demand an amount not exceeding Rs........... (Rupees ...................................... only) against any loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfilment or for any breach on the part of "the Tenderer" of any of the terms and conditions of the said "tender". 2. We, ........................................ Bank further agree that "the Corporation" shall be sole Judge whether the said "Tenderer" has failed to perform or fulfill the said "tender" in terms thereof or committed breach of any of the terms and conditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by "the Corporation" on account thereof and we waive in favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Tenderer" may be entitled to.





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3. We, ................................. Bank further agree that the amount demanded by "the Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the amount demanded and "the Bank" to undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the Tenderer" or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional. 4. We, ....................................... Bank further agree with "the Corporation" that "the Corporation" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "tender"/or to extend time of performance by "the Tenderer" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Tenderer" and to forbear to enforce any of the terms and conditions relating to "the tender" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Tenderer" or for any forbearance, act or ommission on the part of "the Corporation" or any indulgence by "the Corporation" to "the tenderer" or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us. 5. NOTWITHSTANDING anything hereinbefore contained, our liability under this Guarantee is restricted to Rs. ......... (Rupees....................................... only). Our liability under this guarantee shall remain in force until expiration of six months from the due date of opening of the said "tender". Unless a demand or claim under this guarantee is made on us in writing within said period, that is, on or before .................................... all rights of "the Corporation" under the said guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder. 6. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except with the previous consent of "the Corporation" in Writing. 7. We, ......................................... Bank lastly agree that "the Bank" 's liability under this guarantee shall not be affected by any change in the constitution of "the Tenderer".





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8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the Agreement/Contract or MOU entered into between "the Tenderer" and "the Bank" in this regard. IN WITNESS WHEREOF the Bank has executed this document on this .......................... day of ........................ For ........................ Bank by its constituted attorney) Signature of a person authorised to sign on behalf of "the Bank")





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(Attachment XI) (SPECIMEN) BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER / CONTRACTOR (on non-judicial stamp paper of appropriate value) To, Hindustan Petroleum Corporation Ltd., (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD. a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Bombay - 400 020 (hereinafter called "the Corporation" which expression shall include its successors and assigns) having awarded to M/s ___________________________________________________ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at ______________________________ (hereinafter referred to as "the Supplier" which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia, of "the Corporation's" Order No. ____________ dated __________________ and the General purchase conditions of "the Corporation" and upon the condition of "supplier's" furnishing security for the performance of "the Supplier's" obligations and/or discharge of "the supplier's" liability under and/or in connection with the said supply contract upto a sum of Rs. _______________ (Rupees_____________________) amounting to 10% (ten percent) of the total contract value. We, ______________________ (hereinafter called "the Bank" which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to "the Corporation" in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by "the Supplier" to "the Corporation" under, in respect of or in connection with the said supply contract inclusive of all the Corporation's losses and damage and costs, (inclusive between attorney and client) charges, and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by "the Corporation" to the Bank with reference to this Guarantee upto and aggregate limit of Rs.___________ (Rupees __________________________ ) and "the Bank" hereby agrees with "the Corporation" that:





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1. This Guarantee/Undertaking shall be a continuing Guarantee / Undertaking and shall remain valid and irrecoverable for all claims of "the Corporation" and liabilities of "the Supplier" arising upto and until midnight of _______________ 2. This Guarantee/Undertaking shall be in addition to any other guarantee or security whatsoever that "the Corporation" may now or any time anywise have in relation to "the Supplier's obligation/liabilities under and/or connection with the said supply contract, and "the Corporation" shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of "the Corporation" to enforcing or requiring enforcement to any other security shall have the effect of releasing "the Bank" from its full liability hereunder. 3. "The Corporation" shall be at liberty without reference to "the Bank" and without affecting the full liability of "the Bank" hereunder to take any other security in respect of "the Supplier's" obligation and/or liabilities under or in connection with the said supply contract and to vary the term vis-a-vis "the supplier" of the said supply contract or to grant time and/or indulgence to "the Supplier" or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of "the supplier" under the said supply contract and/or the remedies of "the Corporation" under any other security(ies) now or hereafter held by "the Corporation" and no such dealing(s), variation(s) or other indulgence(s) or agreement(s) with "the supplier" or release of forbearance whatsoever shall have the effect of releasing "the Bank" from its full liability to "the Corporation" hereunder or of prejudicing rights of "the Corporation" against "the Bank". 4. This Guarantee/Undertaking shall not be determined or affected by the liquidation or winding up, dissolution or change of constitution or insolvency of "the supplier" but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to "the Corporation" in terms hereof. 5. "The Bank" hereby waives all rights at any time inconsistent with the terms of this Guarantee/Undertaking and the obligations of "the Bank" in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by "the suppliers" (whether or not pending before any arbitrator, officer, tribunal or court) or any denial of liability by "the supplier" or any other order of communication whatsoever by "the supplier" stopping or preventing or purporting to stop or prevent any payment by "the Bank" to "the Corporation" in terms hereof.





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6. The amount stated in any notice of demand addressed by "the Corporation" to "the Bank" as liable to be paid to "the Corporation" by "the supplier" or as suffered or incurred by "the Corporation" on account of any losses or damages or costs, charges/and/or expenses shall be as between "the Bank" and "the Corporation" be conclusive of the amount so liable to be paid to "the Corporation" or suffered or incurred by "the Corporation", as the case may be, and payable by "the Bank" to "the Corporation", in terms hereof. 7. Not withstanding anything contained herein above : i) Our liability under this guarantee shall not exceed Rs.......... ii) This Bank Guarantee shall be valid upto and including .......; and iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or # before the expiry of 30 days from the date of expiry of this guarantee. 8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the agreement/contract or MOU entered into between "the supplier" and "the Bank" in this regard. IN WITNESS Where of __________________ Bank, has executed this document at ________________ on _______________ 199 . ____________________________ Bank (by its constituted attorney) (signature of a person authorized to sign on behalf of "the Bank")

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