BID DOCUMENT FOR. OPEN INTERNATIONAL COMPETITIVE BIDDING Bid Document No.: MEC KU/001

Transcription

1 HINDUSTAN PETROLEUM CORPORATION LIMITED (A Govt of India Undertaking) Mumbai, India BHARAT PETROLEUM CORPORATION LIMITED (A Govt of India Undertaking) Mumbai, India BID DOCUMENT FOR SUPPLY GAS & STEAM TO HPCL & BPCL BY INSTALLATION PLANT ON "BUILD-OWN & OPERATE (BOO)" BASIS OPEN INTERNATIONAL COMPETITIVE BIDDING Bid Document No.: MEC KU/001 PREPARED AND ISSUED BY (A Govt. of India Undertaking) Mumbai, India - 1 -

2 CONTENTS OF BID DOCUMENT SL. NO. DESCRIPTION PAGE NO. PART I 1.0 Invitation for bids (IFB) Annexure-I to IFB (Bidders Eligibility Criteria) - Format A - Format B - Format C Acknowledgement Cum Consent Letter Submission of Bid Instructions to bidders Annexure to ITB Annexure-I : Bid Evaluation Criteria Annexure-II : List of Formats Annexure-III : Commercial Questionnaire Annexure-IV : Check List Special Condition of Contract (SCC) Annexure I to SCC : Specification of Napatha available from HPCL Annexure II to SCC : Specification of Napatha available from BPCL Annexure III to SCC : Meteorological Data at Mahul of Mumbai Refinery Annexure IV to SCC : Technical details to be Submitted by the Bidder 7.0 PRICE FORMAT INCLUDING PRICE VARIATION AND PRICE EVALUATION CREITERIA GLOSSARY OF TERMS USED IN DRAFT AGREEMENT & IN TENDER DOCUMENT DRAFT AGREEMENT PART II PRICE FORMAT INCLUDING PRICE VARIATION 1 6 CRITERIA PART III BID SECURITY (EMD), TENDER FEE & BIDDERS ELIGIBILITY CRITERIA INCLUDING SUBMISSION OF SUPPORTING DOCUMENTS

3 PART - I - 3 -

4 1.0 INVITATION FOR BIDS (IFB) - 4 -

5 BID DOCUMENT NO.: MEC KU/001 Date: To, Dear Sir, Hindustan Petroleum Corporation Limited (HPCL) is a Govt. of India Undertaking and Fortune 500 company with an annual turnover of over Rs.1.10 lakh crores, a 20% refining & marketing share in India and a strong market infrastructure. HPCL operates 2 major refineries producing a wide variety of petroleum fuels & specialties, one in Mumbai (West Coast) of 5.5 MMTPA capacity and the other in VisakHapatnam (East Coast) with a capacity of 7.5 MMTPA. HPCL also holds an equity stake of 16.95% in Mangalore Refinery & Petrochemicals Limited, a state-of-the-art refinery at Mangalore with capacity of 9 MMTPA. In addition, HPCL is progressing towards setting up of a refinery in the state of Punjab. HPCL also owns and operates the largest Lube Refinery in the country producing Lube Base Oils of international standards. With a capacity of 335,000 metric tons this Lube Refinery accounts for over 40% of the country s total Lube Base Oil production. Currently, HPCL is planning major investment to both expand its refining capacity and enhance its capability to process heavier and more sour crude feed stocks while producing products which meet the more stringent Euro III, IV and V fuel specifications. As part of this project, Mumbai Refinery of HPCL requires 20,000 TPA of additional hydrogen supply in addition to the internal generating capacity within the refinery. Requirement of Hydrogen will commence from Oct 2010 on commissioning of DHT Unit. It is proposed to outsource additional Hydrogen requirement. In future HPCL may decide to phase out its existing Hydrogen Generation Units and requirement of outsourced Hydrogen will go up in such an event. Bharat Petroleum Corporation Limited (BPCL) is also a Govt. of India Undertaking and a fortune 500 company. BPCL operates three major refineries producing a wide variety of petroleum fuels & specialties. One in Mumbai of 12 MMTPA capacities, the other in Kochi with a capacity of 7.5 MMTPA and the third Numaligarh Refinery Limited and Refinery in Bina with a capacity of 6 MMTPA is in progress. Mumbai Refinery of BPCL is located across the road to Mumbai Refinery of HPCL and has many synergy activities with mutual benefit to both Refineries. BPCL is also installing units to produce products compliant to Euro III, IV and V fuel specifications. Part of the internal hydrogen generation facility is also proposed to be phased out. In view of this requirement of Hydrogen to be outsourced will be 40,000 TPA commencing from Jan Intent of this Tender is to invite Companies having expertise as well as experience in the field to set up a Hydrogen Plant in the vicinity of the two refineries and supply Hydrogen gas to both HPCL and BPCL over the fence on a long term contract basis. Steam co-generated in the Hydrogen plant will also be taken for use by HPCL

6 M/s, Mumbai on behalf of M/s Hindustan Petroleum Corporation Limited (A Govt. of India Undertaking) & Bharat Petroleum Corporation Limited (A Govt. of India Undertaking) invites sealed bids under three bid system from eligible Indian/Foreign bidders for supply of Hydrogen gas to Mumbai Refineries of HPCL and BPCL (both Govt. of India Undertaking), by installing Hydrogen plant on Build, Own and Operate (BOO) basis near the refineries (outside the boundary of Refineries) located at B.D. Patil Marg, MAHUL, Mumbai , Maharashtra, India in complete accordance with the Bid Documents/ Attachments. The salient terms and conditions of the bid are stated below: I. PROJECT : Outsourcing of Hydrogen Gas II. TYPE OF BID : Open International Competitive Bidding III. ITEM(S) : Supply of Hydrogen Gas by Installation of Hydrogen Plant on Build, Own & Operate (BOO) Basis IV. COMPLETION PERIOD : Hydrogen Gas Supply to commence within 30 (Thirty) months from the date of FOA. V-A. EARNEST MONEY/ BID Rs.5.0 Crores (Rupees Five Crores only ) or SECURITY USD 1.25 Million The EMD should be in the Form of Demand Draft/Bank Guarantee and in favour of Hindustan Petroleum Corporation Limited payable at Mumbai V-B. Bid Security Validity : 6(six) months from final bid due date VI. SALE PERIOD OF BID : to FROM 1000 Hrs. to DOCUMENT 1600 Hrs. (excluding Holidays) VIIA. DATE & PLACE OF PRE-BID: CONFERENCE VIIB. PERFORMANCE BANK GUARANTEE : at Hrs. Venue :- MECON Limited, 3 rd Floor, Tower-7, International Infotech Park, Vashi Rly. Station Complex, Vashi Navi Mumbai Rs.100 Crores from any Nationalized or Scheduled or 1 st class International Bank payable at Mumbai - 6 -

7 VIIIA. DUE DATE OF SUBMISSION: OF BID at hrs. VIIIB. BID VALIDITY : 4 (four) months from IX. OPENING DUE DATE & TIME At Hrs. on (in presence OF PART III ( BID SECURITY (EMD), of representative of bidders). TENDER FEE & BIDDERS ELIGIBILITY CRITERIA ) X. VENUE : Address & Contact Nos. given below. XI. TENDER FEE (non : Rs 5,000 /- (Rupees Five Thousand Only)/ Refundable) USD 125 (US Dollars One hundred twenty five only) in favour of MECON Limited payable at Mumbai only. XII. EVALUATION & : Refer Instruction to Bidders COMPARISON OF BID XIII. ADDRESS FOR : General Manager CORRESPONDENCE, SALE & SUBMISSION 3 rd Floor, Tower no.7, International Infotech OF BID DOCUMENT Park, Vashi, Railway Station Complex, Vashi Navi Mumbai India mumbai@mecon.co.in Ph. No Fax No XV. BIDDER ELIGIBILITY : As per Annexure-I to IFB CRITERIA(BEC) XVI. OTHERS: 1.0 Bid Document can be purchased from MECON Limited, Mumbai on any working day from 1000 hours to 1600 hours against a written request and payment of requisite tender fee as specified in Clause XI of IFB by crossed bank draft from a first class International Bank or an Indian Scheduled Bank, in favour of MECON Limited, payable at Mumbai. No extension in the bid due date shall be considered on account of delay in receipt of bid document by mail

8 In case the bidder wishes to download the Bidding Document from HPCL/MECON/ BPCL web-site, then the requisite amount of Tender Fee in the form of Demand Draft, in favour of MECON Limited and payable at Mumbai, shall be payable by the bidder before or at the time of submission of the bid without which offer may not be considered for evaluation. Such bidders who have downloaded the bid document can attend the prebid meeting provided they deposit the tender fee on or before pre-bid meeting. In case bidder intends to quote upon downloading tender document, please intimate MECON immediately along with complete contact address, phone no., fax no., etc. for correspondence. MECON will inform about Addendum, if any, to those who have furnished above information, however, information about Addendum shall also be available on MECON s and HPCL s websites as an when these are issued. An undertaking that the contents of the Bidding Document have not been altered or modified shall be furnished alongwith the offer. 2.0 Accredited representatives of foreign bidders in India are also permitted to purchase the bid document on behalf of foreign bidder on payment of requisite document fee in Indian Rupees. The bid of foreign bidder shall be evaluated only if the bid is accompanied by the prescribed bid document fee in the form of demand draft in US Dollars after which the fee deposited by Indian representative shall be refunded. Bid submitted by bidders, who have not purchased the bid document either directly or through their authorised representative will be rejected. 3.0 In the event a particular tender is cancelled, only EMD will be refunded & tender fee will not refunded to the concerned Bidders. 4.0 Bid Document is non-transferable. 4.1 Bidder must buy the bid document in his own name and submit the bid directly. Bids received from bidders in whose name bid document has been purchased shall only be considered. 5.0 Bids complete in all respects should reach on or before the BID DUE DATE AND TIME. Bids through Fax/ shall not be considered. Bidder may depute their representative with proper authorisation letter to attend of techno-commercial opening of bids. 6.0 The Bid Document calls for offers on single point "Sole Bidder" responsibility basis. Order will be placed on the "Sole Bidder" alone (in whose name the bid document has been issued) who will be responsible for all contractual purposes

9 Further the bidders are advised to ensure that their offer is on single bidder responsibility basis and in total compliance of scope of supply as specified in Bid Document. 7.0 The bid should be prepared by the "Sole Bidder" and should be sent to MECON directly. MECON / HPCL reserve the right to reject offers made by intermediaries representatives. The bid should be submitted only at the designated place mentioned at sl. No. XIII i.e. at MECON Limited, Mumbai. Bid submitted at HPCL s / BPCL s office or at any other place shall not be considered. 8.0 Bidder shall ensure that Bid Security having a validity of 6 (six) months from the bid due date, must accompany the offer in the format made available in the Bid Document. 9.0 This Invitation for Bids (IFB) is an integral and inseparable part of the enclosed Bid Document. Bidder should read HPCL as HPCL/BPCL wherever appearing in the bid document or elsewhere in this document MECON, HPCL/ BPCL reserves the right to accept or reject any or all offers without assigning any reason, whatsoever Copy of Bidding Document for reference is available at MECON, at the address given hereinabove. The complete Bidding Document is also available on the web site of MECON Limited ( ), HPCL s website BPCL s web site SEALING & MARKING OF BIDS Bids should be submitted in complete accordance with the bid documents / attachments separately in three parts in sealed envelopes super-scribed with the Bid Document Number, due date, item and nature of bid (un-priced, priced), as follows : Part- I : UNPRICED BID (Techno Commercial Part) Part- II : PRICED BID Part- III : BID SECURITY (EMD), TENDER FEE & BIDDERS ELIGIBILITY CRITERIA INCLUDING SUBMISSION OF SUPPORTING DOCUMENTS The three envelopes, containing Part-I, Part-II and Part-III of offer, shall be duly sealed and respective cut-out slip enclosed with this letter as Appendix-A shall be pasted on each envelop. Name & address of the bidder shall be mentioned on each cut-out slip. These three sealed envelopes shall be further kept in a larger envelope & which shall also be duly sealed. Cut-out slip meant for complete offer shall be pasted on it with name and complete address & contact number of the bidder

10 On the first instance during opening of techno-commercial part, main (outer) envelop shall be opened followed by opening of envelop containing EMD, Tender fee & Bidders Eligibility Criteria including submission of documents (Part-III) Bidder must ensure that all pages of the offer inclusive of all attachments are duly numbered & cross reference are given in the list of contents (in the offer) and also in the check lists provided in tender document HPCL/ MECON / BPCL will appreciate submission of offer based on the terms and conditions of the Bid Document. Bidder may note that no technical and commercial clarifications may normally be sought for after the receipt of the bids. Bids with any deviation to the bid conditions shall be liable for rejection. However, to assist in the examination, evaluation and comparison of bids, HPCL/ MECON / BPCL may, at its discretion, ask the bidder for a clarification of its bid. The request for such clarification and the response shall be in writing The Bidder is required to unconditionally accept the Integrity Pact enclosed with the tender document and shall submit the same dully signed along with Part I of his offer. Offer of the Bidder received without Integrity Pact duly signed, shall not be considered Bidder shall furnish the details of authorized person s name, phone no., mobile no., fax no., and ID for taking up the matters related to technical and commercial. Yours faithfully, for and on behalf of Hindustan Petroleum Corporation Limited for Encl. 1. Appendix A - 4(four) nos. of Cut-Out slips to be pasted on different sealed envelops of the offer. Note: Please acknowledge the receipt of the bid document and confirm your intention to quote within 7(seven) days by return / fax / courier. In case not intending to quote then please give reasons and also please return the tender document to us

11 APPENDIX - A CUT-OUT SLIPS (4 NOS.)

12 CUT-OUT SLIP - 1 (OUTER ENVELOPE) DO NOT OPEN-THIS IS A QUOTATION CLIENT : Hindustan Petroleum Corporation Limited, Mumbai Refinery PROJECT : Outsourcing of Hydrogen Gas BID DOCUMENT NO : MEC KU/001 ITEM : Supply of Hydrogen Gas by Installation of Hydrogen Plant on Build, Own & Operate (BOO) Basis DUE DATE OF : at 1600 Hrs. SUBMISSION & TIME TO, FROM General Manager 3 rd Floor, Tower no.7, International Infotech Park, Vashi, Railway Station Complex, Vashi Navi Mumbai India Ph. No Fax No NAME: ADDRESS (To be pasted on the outer envelope containing Priced, Unpriced bids along with Bid security/ EMD)

13 CUT-OUT SLIP 2 PART I (UNPRICED BID) DO NOT OPEN-THIS IS A QUOTATION CLIENT : Hindustan Petroleum Corporation Limited, Mumbai Refinery PROJECT : Outsourcing of Hydrogen Gas BID DOCUMENT NO : MEC KU/001 ITEM : Supply of Hydrogen Gas by Installation of Hydrogen Plant on Build, Own & Operate (BOO) Basis DUE DATE OF : at 1600 Hrs. SUBMISSION & TIME TO, FROM General Manager 3 rd Floor, Tower no.7, International Infotech Park, Vashi, Railway Station Complex, Vashi Navi Mumbai India Ph. No Fax No NAME: ADDRESS (To be pasted on the envelope containing Unpriced bid)

14 CUT-OUT SLIP - 3 PART II (PRICED BID) DO NOT OPEN-THIS IS A QUOTATION CLIENT : Hindustan Petroleum Corporation Limited, Mumbai Refinery PROJECT : Outsourcing of Hydrogen Gas BID DOCUMENT NO : MEC KU/001 ITEM : Supply of Hydrogen Gas by Installation of Hydrogen Plant on Build, Own & Operate (BOO) Basis DUE DATE OF : at 1600 Hrs. SUBMISSION & TIME TO, FROM NAME: General Manager 3 rd Floor, Tower no.7, International Infotech Park, Vashi, Railway Station Complex, Vashi Navi Mumbai India Ph. No Fax No ADDRESS (To be pasted on the envelope containing Priced bid)

15 CUT-OUT SLIP - 4 PART III (BID SECURITY (EMD), TENDER FEE & BIDDERS ELIGIBILITY CRITERIA INCLUDING SUBMISSION OF SUPPORTING DOCUMENTS DO NOT OPEN-THIS IS A QUOTATION CLIENT : Hindustan Petroleum Corporation Limited, Mumbai Refinery PROJECT : Outsourcing of Hydrogen Gas BID DOCUMENT NO : MEC KU/001 ITEM : Supply of Hydrogen Gas by Installation of Hydrogen Plant on Build, Own & Operate (BOO) Basis DUE DATE OF : at 1600 Hrs. SUBMISSION & TIME TO, FROM NAME: General Manager 3 rd Floor, Tower no.7, International Infotech Park, Vashi, Railway Station Complex, Vashi Navi Mumbai India Ph. No Fax No ADDRESS (To be pasted on the envelope containing Bid Security & Tender fee )

16 2.0 ANNEXURE I TO IFB (BIDDER ELIGIBILITY CRIETRIA)

17 BIDDER ELIGIBILITY CRIETRIA The Bidder shall have to meet the following qualifying criteria to become eligible for being considered against this Invitation to Bid. A Bidders Company A.1 Bidder shall be a Company engaged in the business of industrial gases to industrial consumers. The Company shall either be majority owned subsidiary of a parent company or is a part of the Global group having experience of owning and operating Hydrogen Generation Plants utilizing multiple feedstock including Naphtha or Natural Gas or in combination of both. All necessary documents including ARTICLES OF ASSOCIATION are to be submitted by Bidders. OR In case of Joint Venture, foreign company having experience of owning and operating Hydrogen Generation Plants as stated above shall have majority ownership and management control in the Joint venture. Indian partner in the joint venture shall also be engaged in the core business of owning and operating Industrial Gas Plants on BOO concept. All necessary documents including Annual Financial Report, Certificate of successful operation from clients are to be submitted by Bidders. B Technical B.1 The Bidder or its Parent Company (by itself or through it subsidiaries) should have executed and operated on Built, Own and Operate (BOO) basis during last seven (7) years at least two (2) projects for supply of Hydrogen gas having unit capacity not less than 40,000 Nm 3 /h or one unit of 74,000 Nm 3 /h using Natural Gas, Naphtha or Multiple feedstock for which documentary evidence is to be submitted and at least two projects should be for supply of Hydrogen. B.2 In case the references provided are in the form of Joint Venture, the major share holding partner bidder shall have had the responsibility of supplying, operating and maintaining the Hydrogen plant within the joint venture. Necessary supporting documents are to be submitted by the Bidder. B.3 The bidder shall have the tie up (at least consent letter from land owner indicating sufficient details of the land without cost of land and same to be notorised) with land owner for the proposed plant adjacent to HPCL/BPCL Mahul refinery and also for acquisition of ROU for routing the pipeline. Necessary supporting documents are to be submitted by the Bidder. Without documentary evidence of acquiring the land for HGU Unit, bid will be summarily rejected

18 B.4 Long term commitment for tie up with the Gas Supplier is to be established by the bidder by submission of necessary supporting documents. Bidder to indicate their method of Gas pricing. The gas price used for calculation should be narrow price band & not open ended. C Financial C.1 Turnover Annual turnover as per audited financial results for last three years ( i.e. financial year , & and in case of foreign bidders it will be calendar years 2007, 2006 & 2005) shall be 82 Million US $. Or equivalent to INR 350 Crores (considering 1 US $ = INR 40) for which necessary documents including audited financial reports for the last three years are to be submitted. Documentary evidence shall be provided by the Parent/ Holding Company for its commitment to support the Company submitting the bid. C.2 Net Worth Bidder s net worth as per latest audited financial year statement submitted shall be positive i.e. for the financial year C.3 Return on Equity Return on Equity must be Positive as per latest audited financial year statement submitted i.e. for the financial year for which documentary evidence is to be furnished. C.4 Financial Resources NOTE: The Bidder must possess adequate Financial resources of the magnitude of Rs.500 crores yearly or 130 million US $ for smooth execution of the project. (Documentary evidence of funding to be submitted) 1.0 The Subsidiary of Parent Company is defined as a company where the Parent Company has a financial stake as defined in the Indian Company's Act Tenders from consortium shall not be accepted. 3.0 DELETED

19 4.0 Bidder shall fill up Formats A, B and C attached herewith and submit documentary evidence such as audited balance sheet, profit and loss statement in English Language only for last three financial years in support of the above. In case Audited data for is not available at the time of bid submission, provisional data may be submitted. Other necessary supporting documents as indicated elsewhere in Bidders Eligibility Criteria are also to be furnished 5.0 The Bidder shall submit details of the projects indicated for consideration of technical eligibility including agreement copies, supporting certificates. Bidders fulfilling the above Eligibility Criteria should also submit other details and documents required as per this tender document to evaluate the bids for technical and commercial acceptability. 6.0 REJECTION CRITERIA 6.1 BUYER reserves the right to accept any bid or reject any or all bids without assigning any reason thereof. 7.0 Bidder submitting their bid shall not be under liquidation, court receivership or similar proceedings

20 ANNUAL TURNOVER Annexure- I to IFB FORMAT-A Applicant s Legal Name : Date : JV Partner s Legal Name : Tender No.: Each bidder must fill in this form (Single Entity) Annual Turnover data for the last 3 audited financial years. Page of.. Year Currency Amount Exchange Rate (*) Year : Year : Year : Amount (INR) (*) Each member of a Joint Venture Annual Turnover data for the last 3 audited financial years Year Currency Amount Exchange Rate (*) Leader of Joint Venture Year : Year : Year : Partner A Year : Year : Year : Partner B Year : Year : Year : Total Amount (INR) (*) 1. The information supplied should be the Annual Turnover of the applicant and partner of Joint Venture 2. A brief note should be appended describing details as per audited results. 3. Indicate Financial year if it is different from April to March. (*) To filled by BUYER / Consultant Signature of Bidder

21 Annexure- I to IFB FORMAT-B FINANCIAL SITUATION Applicant s Legal Name: JV Partner s Legal Name: Date: Tender No.: Page of.. Each bidder or member of a Joint Venture must fill in this form FINANCIAL DATA FOR LAST AUDITED FINANCIAL YEAR Sl. No. Description 1. Net Worth = (Reserves + Capitals Accumulated losses ) 2. Profits before taxes (PBT) 3. Return on Equity (2/1) x 100 Amount Year Exchange Rate (*) Amount (INR) (*) All such documents reflect the financial situation of the bidder or partner to Joint Venture Historic financial statements must be audited by a certified accountant Historic financial statements must be complete, including all notes to the financial statements Historic financial statements must correspond to accounting periods already completed and audited (no statement for partial period shall be requested or accepted). (*) Applicable for foreign bidders to filled by BUYER / CONSULTANT Signature of Bidder

22 CHECKLIST OF DOCUMENTS TO BE SUBMITTED BY BIDDERS Annexure- I to IFB FORMAT-C Sl. No. Documents Required Submitted (Yes/ No) Reference in Offer ( Refer Page no.) 1. Nature of Business of Bidder s Company 2. In case of JV, core business of JV partner 3. Details of Parent Company, Holding Company and the Group to which Bidder Company belongs 4. Shareholding pattern of bidder company 5. Details of 2 (two) projects executed on BOO basis for supply of Hydrogen gas during last 7 (seven) years. 6. Details of the Plants which are in regular operation for last one year with certificate from User. 7. Process technology proposed for the project and details of Bidders access to or in possession of (either as a proprietary technology holder or in close association with any such holder) proven state-of-the-art technology 8. Details of financing arrangement and documentary evidence in support of finances available for the project. 9. Arrangement for land required for the project supported by MOU/ Agreement for long term, lease / sale agreement of land. 10. Necessary supporting documents to establish long term commitment for tie up with the Gas Supplier Copy of detailed work order/agreement and copy of documentary evidence indicating project has been undertaken on BOO/BOOT/BOOM basis and is operating successfully including the minimum period of operation shall be substantiated / authenticated along with Experience. Submission of documentary evidence from a customer for whom Supplier undertook a successful project on a BOO basis is a mandatory requirement, which establishes that the work under reference has been completed and the customer is satisfied with supply of hydrogen from this plant

23 3.0 ACKNOWLEDGEMENT CUM CONSENT LETTER To, M/s, 3 rd Floor, Tower no.7, International Infotech Park, Vashi, Railway Station Complex, Vashi Navi Mumbai India Ph. No Fax No Kind Attn: General Manager Sub: Supply of Hydrogen Gas by Installation of Hydrogen Plant on Build, Own & Operate (BOO) Basis for HPCL & BPCL Mumbai Refineries. Dear Sir, We hereby acknowledge receipt of complete set of Bid Document alongwith enclosures for the subject works. We understand that documents received remain property of M/s MECON/ HPCL and further undertake that the contents of the above bid documents shall be kept confidential and shall not be transferred. We indicate below our intentions with respect to the Invitation for Bid. a) We intend to bid as requested and furnish following details with respect to our quoting office :- I) POSTAL ADDRESS : II) TELEPHONE NO. : III) TELEFAX NO. : IV) V) CONTACT PERSON :

24 b) Contact Person at Mumbai, if any :- I) POSTAL ADDRESS : II) TELEPHONE NO. : III) TELEFAX NO. : IV) V) CONTACT PERSON : c) We are hereby returning the bid document as we are unable to bid for the reasons given below. Reasons for non-submission of Bid: COMPANY S NAME : SIGNATURE : NAME : DESIGNATION : DATE : Note: Bidder is requested to furnish the details mentioned at (a), (b) & (c) above as applicable, immediately after receipt of Bid Document. (SIGNATURE OF BIDDER)

25 4.0 SUBMISSION OF BID From: M/s To: 3 rd Floor, Tower no.7, International Infotech Park, Vashi Railway Station Complex, Vashi, Navi Mumbai India Ph. No Fax No I/We hereby tender for Supply of Hydrogen Gas by Installation of Hydrogen Plant on Build, Own & Operate (BOO) Basis for HPCL & BPCL Mumbai Refineries as per TENDER DOCUMENT and at Terms and Conditions specified in the Draft Agreement which is a part of the Tender Document. Price Format quoted by me/us are in accordance with Notice/Letter Inviting Tender, Instruction to Bidder, Special Condition of Contract, Schedule of Rates, Draft Agreement and other documents and papers, all as detailed in the Tender documents. 2. It has been explained to me/us that the date of commencement of delivery of Hydrogen Gas & Steam (in case of HPCL) is the essence of the CONTRACT. I/We agree that in the case of failure on my/our part to strictly observe the Time Schedule, I/We shall pay compensation to the BUYER as per provisions and stipulations contained in Draft Agreement and I/We agree to recovery being made as specified therein. 3. I/We agree to pay the Earnest Money and Security Deposit (SD) and accept the terms and conditions laid down in the memorandum below in this respect. MEMORANDUM (a) General Description of Work Installation of Hydrogen Plant on Build, Own & Operate (BOO) Basis for Supply of Hydrogen Gas to Mumbai Refineries of HPCL & BPCL

26 (b) Earnest Money Rs. (Rupees) The Earnest Money is payable in the manner set out in para 5 below. (c) Security Deposit As per Draft Agreement 4. Should this tender be accepted, I/We hereby agree to sign the Agreement with the BUYER and abide by and fulfill all terms and conditions referred to above and in the Agreement and in default thereof, to forefeit and pay to the BUYER or its successors or its authorised nominees such sums of money as are stipulated in conditions contained in Tender Documents. 5. I/We hereby pay the Earnest Money of Rs. (Rupees ) in Bank Demand Draft/Bank Guarantee No., issued by (name and office of the State Bank of India or any Nationalised Bank) in favour of Hindustan Petroleum Corporation Limited, Mumbai 6. If I/We fail to commence the work specified in the Memorandum in Para (3) above, or I/We to deposit the amount of Security Deposit (SD) specified in the Memorandum in (3) above, I/We agree that the said BUYER or its successors without prejudice to any other right or remedy be at liberty to forfeit the said Earnest Money in full, The said BUYER shall also be at liberty to cancel the Notice of Acceptance of Tender if I/We fail to deposit the Security Deposit (SD) as aforesaid or to execute an Agreement or to start WORK as stipulated in the Tender Documents. I/We enclose herewith complete technical and commercial details as per the requirement of this Tender Document as well as other supporting documents to facilitate evaluation of the bid. dated the day of 2008 Witness: Name in Block Letters: Address: Yours faithfully, Signature of Bidder(s) with the seal of the Firm. Name and Designation of authorised person signing the tender on behalf of the Bidder(s)

27 5.0 INSTRUCTION TO BIDDER (ITB)

28 TABLE OF CONTENTS A SUBMISSION OF BIDS 1. Sealing and Marking of Bids 2. Deadline for Submission of Bids 3. Late Bids 4. Modification and Withdrawal of Bids B BIDDING DOCUMENTS 5. Content of Bidding Document 6. Clarification of Bidding Documents 7. Amendment of Bidding Documents C. PREPARATION OF BIDS 8. Language of Bid 9. Documents Comprising the Bid 10. Bid Prices 11. Bid Currencies 12. Bid Validity 13. Bid Security 14. Pre-Bid Meeting 15. Format and Signing of Bid 16. Tender Rejection 17. Bids from Joint Venture 18. One Bid per Bidder 19. Cost of Bidding 20 Site Visit D. BID OPENING AND EVALUATION 21. Bid Opening 22. Priced Bid Opening 23. Process to be Confidential 24. Contacting the Employer 25. Correction of Errors 26. Evaluation and Comparison of Bids 27. Employer s Right to Accept Any Bid and to Reject Any or all Bids E. AWARD OF CONTRACT 28. Notification of Award 29. Signing of Agreement 30. Corrupt or Fraudulent Practices 31. Integrity Pact 32. Compliance of Law

29 INSTRUCTIONS TO BIDDERS A SUBMISSION OF BIDS 1. Sealing and Marking of Bids 1.1 Bid shall be submitted in the following manner in separately sealed envelopes duly super scribed as below: 7 Part-I - Techno-commercial/ Unpriced Bid Part-II - Part III - Price Bid Original Bid Security, Tender Fee & Bidders Eligibility Criteria including submission of supporting documents 1.2 Part-I shall contain original and three copies of UNPRICED BID complete with documents pertaining to bidder eligibility criteria and all technical and commercial details other than price (with prices blanked out and copies of bid security). All the unpriced bids shall be completely identical in all respects including enclosures and shall be enclosed in separately sealed envelopes duly marked and addressed to the Employer. In the event of any discrepancy between them, the original shall govern. The envelope shall also indicate the name of the Bidder. 1.3 Part-II - PRICED BID shall be submitted in one original and one copy with duly filled in Price schedule sealed in a separate envelope duly marked and addressed to the Employer including the rate for compensation of extended stay charges. 1.4 Part-III - BID SECURITY, TENDER FEE & BIDDERS ELIGIBILITY CRITERIA INCLUDING SUBMISSION OF SUPPORTING DOCUMENTS in original shall be submitted sealed in a separate envelope duly marked and addressed to the Employer. 1.5 The three envelopes containing PART-I, PART-II and PART-III should be enclosed in a larger envelope duly sealed and marked and also bear the name and address of the Bidder and Tender No. 1.6 If the outer envelope is not sealed and marked properly, MECON/HPCL/BPCL will assume no responsibility for the Bid s misplacement or premature opening. 1.7 Each Bidder shall submit only one bid. A Bidder who submits more than one bid will be rejected. 2. Deadline for Submission of Bids 2.1 Bids must be received by MECON at the address specified in the Invitation for Bids (IFB) not later than the date and time stipulated in the IFB

30 2.2 MECON may, in exceptional circumstances and at its discretion, on giving reasonable notice by fax or any written communication to all prospective Bidders who have been issued the bid documents, extend the deadline for submission of bids, in which case all rights and obligations of HPCL and the Bidders, previously subject to the original deadline will thereafter be subject to the deadline as extended. 3. Late Bids 3.1 Any bid received by MECON after the deadline for submission of bids prescribed on main body of IFB will be rejected and returned unopened to the Bidder. 4. Modification and Withdrawal of Bids 4.1 The Bidder may modify or withdraw his bid after the bid submission but before the due date for submission, provided that written notice of the modification/ withdrawal is received by MECON prior to the deadline for submission of bids. 4.2 The modification shall also be prepared, sealed, marked and despatched in accordance with the provisions of Clause 1, with the outer and inner envelopes additionally marked modification or withdrawal, as appropriate. A withdrawal notice may also be sent by telex or cable, but followed by a signed confirmation copy post marked not later than the deadline for submission of bids. 4.3 No bid shall be modified after the deadline for submission of bids. 4.4 No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Bid Form. Withdrawal of a bid during this interval shall result in the Bidder s forfeiture of his bid security pursuant to Sub-Clause 13.7 B BIDDING DOCUMENTS 5. Content of Bidding Document 5.1 The Bidding Documents/ Tender Documents are those stated below and should be read in conjunction with any addenda issued in accordance with ITB Clause 7. 1) Invitation for Bid (IFB) 2) Annexure-I to IFB - Format A: Annual Turnover - Format B: Financial Situation - Format C: Checklist of documents to be submitted by Bidders 3) Acknowledge-cum-consent Letter 4) Submission of Bid

31 5) Instruction to Bidder (ITB) - Annexure to ITB Annexure-I : Bid Evaluation Criteria Annexure-II : List of Formats Annexure-III: Commercial Questionnaire Annexure-IV: Check List 6) Special Condition of Contracts - Annexure I to SCC: Technical Details 7) Price Format 8) Draft Agreement 5.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. The Invitation for Bids (IFB) together with all its attachments thereto, shall be considered to be read, understood and accepted by the Bidders. Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at Bidder s risk and may result in the rejection of his bid. 6. Clarification of Bidding Documents 6.1 A prospective Bidder requiring any clarification(s) of the Bidding Documents may notify MECON in writing or by fax or at MECON s mailing address indicated in the Invitation for Bids not later than 3 days prior to the deadline. MECON may, if deem appropriate, respond in writing to the request for clarification. Written copies of MECON s response (including an explanation of the query but without identifying the source of the query) will be sent to all prospective Bidders who have received the bidding documents. Any Clarification or information required-by the Bidder but same not received by the Employer, three days prior to the bid due date, the same is liable to be considered as no clarification/information required. In pre-bid meeting conference, all questions/ queries should be referred to MECON on or before scheduled date of pre-bid conference. The question/ queries received by MECON prior to pre-bid conference will be addressed in the pre-bid conference & no separate communication will be sent to Bidders 7. Amendment of Bidding Documents 7.1 At any time prior to the bid due date, MECON may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the bidding documents

32 7.2 The amendment will be notified in writing or by fax or to all prospective Bidders, at the address, fax numbers, id provided by the Bidder, who have received the Bidding Documents and will be binding on them. 7.3 In order to afford prospective Bidders, reasonable time in which to take the amendment into account in preparing their bids, MECON may, at its discretion, extend the bid due date. C. PREPARATION OF BIDS 8. Language of Bid 8.1 The bid prepared by the Bidder and all-correspondence/drawings and documents relating to the bid exchanged by Bidder and MECON shall be written in English language. Any printed literature furnished by the Bidder may be written in another language so long as accompanied by an ENGLISH translation duly authenticated by the chamber of commerce of Bidders country, in which case, for the purpose of interpretation of the bid, the ENGLISH translation shall govern. Metric measurement system shall be applied. 9. Documents Comprising the Bid 9.1 The bid prepared by the Bidder shall comprise the following components: 9.2 Envelope -1: Super scribing Techno-Commercial Un-priced Bids (PART-A) Part-A: Techno-commercial un-priced Bid (to be furnished in one original and three copies) and shall contain the following: The tender will inter-alia include the following: i) Demand Draft/ Bank Guarantee for Earnest Money Deposit, as per Format F-4 ii) Power of Attorney/ authorisation with the seal of the Bidder in favour of the person signing the tender. iii) Memorandum & Articles of Association / Regulation governing the Bidder. iv) Banker s credit worthiness certificate. v) Current Income Tax clearance certificate/ Sales Tax Registration Certificate under Central Sales Tax & Sales Tax Acts of Mumbai vi) The Bidders Bank A/c no. and city, the PAN No. and issuing city, TIN / SRIN No. vii) Any other information the Bidder wishes to furnish viii) Documents as per Check List (Annexure-IV to ITB). ix) Documents required for Bidder s Eligibility as per IFB

33 The Bidder shall submit the following information in the technical part of the tender in addition to the information asked in Tender Document: i) Detailed descriptive approach envisaged for installation of new Hydrogen plant. ii) Process description and Process Flow Diagrams with details of Process licensor. iii) Proposed location plan and Plot Plan iv) Production parameters and specification of products and feed stock. v) Detailed specifications for equipment offered and mounting accessories etc. together with descriptive literature/ catalogue etc. vi) Descriptive write-up for entire functioning of the system. vii) Certificate substantiating the capability of the system offered to perform as per technical specification. viii) Details of Sub-Bidder, if any, Bidder proposes to engage for construction of Plant. ix) All required documents as stated in Format C ( Annexure-I to IFB) x) Documents as per Technical Details to be submitted by the bidder (Annexure-I to SCC). xi) Any other relevant data the Bidder feels necessary to include. The Bidder shall satisfy MECON / HPCL & BPCL that he possesses the necessary experience and that he has at his disposal suitable modern facilities and specialized employees to discharge his obligations under the Agreement. The Bidder shall satisfy MECON / HPCL that he is financially in a position to fulfill contractual obligations offered to be undertaken by him. The Bidder shall also satisfy MECON / HPCL & BPCL that he is competent and legally authorised to submit the tender and/or to enter into a legally binding Agreement with HPCL/ BPCL. Note: All pages of the bid to be signed and sealed by authorized person of the Bidder. 9.3 Envelope-II: Super scribing Price Bid- Not to Open with Techno-Commercial Un-priced Bid - PART-II Part-II: Price Format including price variation criteria Part-II shall contain one original and one copy of Price Format duly filled in, in separate sealed envelopes duly signed and stamped on each page super scribing on the sealed envelope Price - Do Not Open. In case of any correction, the Bidders shall put his signature and his stamp

34 9.4 Envelope-III: Super scribing Bid Security, Tender Fee & Bidders Eligibility Criteria Including Submission of Supporting Documents Part-III shall contain original Bid security, Tender Fee & Bidders Eligibility Criteria Including Submission of Supporting Documents in separate sealed envelope. 10. Bid Prices 10.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the entire scope of work as described in Bidding Document, based on the rates and prices submitted by the Bidder and accepted by the EMPLOYER Prices must be filled in format for Price Format Part- II enclosed as part of Bidding Document. If quoted in separate typed sheets and any variation in item description, unit is noticed; the bid is liable to be rejected Bidders to note that Hydrogen Plant will be owned by the SELLER/ BIDDER, it is appropriate that construction cost is an in-built part of the tariff / facility charge and is not discussed separately Bidder should not quote any such component like Extra or At Actual in their Price Bids The Bidder shall quote the prices both in figures as well as in words. There should not be any discrepancies between the price indicated in figures and the price indicated in words. In case of any discrepancy, the price indicated in words shall prevail over the price indicated in figure Alternative bids shall not be considered. 11. Bid Currencies 11.1 Bidders should submit bid in Indian Rupees and receive payment in Indian Rupees 11.2 DELETED 12. Bid Validity 12.1 Bids shall be kept valid for 4 (four) month from the final bid due date. A bid valid for a shorter period may be rejected by MECON as non-responsive In exceptional circumstances, prior to expiry of the original bid validity period, the Employer may request that the Bidders extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing or by fax / . A Bidder may refuse the request without forfeiture of his bid security, A Bidder agreeing to the request will not be required or permitted to modify his bid, but will be required to extend the validity of its bid security for the period of the extension and in accordance with Clause 13 in all respects

35 13. Bid Security 13.1 Pursuant to Clause-IV A of IFB, the Bidder shall furnish, as part of his bid, bid security in the amount specified in the Invitation for Bids (IFB) The bid security is required to protect HPCL against the risk of Bidder s conduct which would warrant the security s forfeiture, pursuant to Clause The bid security in US Dollars for Bidders quoting in foreign currency or in Indian Rupees for Bidders quoting in Indian currency shall be in the form of a Bank Draft/ Banker s Cheque/ Bank Guarantee or Letter of Credit. HPCL shall not be liable to pay any bank charges, commission or interest on the amount of Bid Security. In case Bid Security is in the form of a Bank Guarantee, the same shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank in case of Indian Bidder and from any reputed International bank or Indian scheduled bank in case of foreign Bidder. However, in case of Bank Guarantee from banks other than the Nationalised Indian banks, the bank must be commercial bank having net worth in excess of Rs. 100 crores and a declaration to this effect should be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead. Bid Security shall be valid for 2 months beyond the validity of the Bid Any bid not secured in accordance with Clause-13.1 and 13.3 may be rejected by MECON / HPCL / BPCL as non-responsive Unsuccessful Bidder s bid security will be discharged/ returned as promptly as possible, but not later than 30 days after the expiration of the period of bid validity prescribed by HPCL & BPCL, pursuant to ITB Clause The successful Bidder s bid security will be discharged upon the Bidder s accepting the award & signing the Agreement and furnishing the Contract Performance Security 13.7 The bid security may be forfeited: a) the tender is revoked during its validity period, b) the prices are increased unilaterally by the Bidder after the tender opening and during validity period of the tender, c) in the case of a successful Bidder, if the Bidder fails: i) to accept the Notification of Award/Fax of Award (FOA) or ii) to furnish Contract Performance Security iii) to accept arithmetical corrections,

36 The Bidder shall give undertaking to this effect alongwith the tender Bid Security should be in favour of Hindustan Petroleum Corporation Limited, Mumbai and addressed to HPCL. In case Bid Security is in the form of Bank Guarantee, the same must indicate the Bid Document and the work for which the Bidder is quoting. This is essential to have proper co-relation at a later date. The Bid Security shall be in the form provided at Format F-4 (Bank Guarantee). 14. Pre-Bid Meeting As per Clause VII of IFB 14.1 The Bidder(s) or his designated representative, who have purchased bid document, are invited to attend a pre-bid meeting which will take place as indicated in IFB The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage Text of the questions raised and the responses given, together with any responses prepared after the meeting, will be transmitted without delay (without identifying the sources of the question) to all purchasers of the bidding documents. Any modification of the bidding documents that may become necessary as a result of the pre-bid meeting shall be made by MECON exclusively through the issue of an Addendum and not through the minutes of the pre-bid meeting Non-attendance of the pre-bid meeting will not be a cause for disqualification of a Bidder. 15. Format and Signing of Bid 15.1 The original and all copies of the bid shall be typed or written in indelible ink (in the case of copies, photocopies are also acceptable) and shall be signed by a person or persons duly authorized to sign on behalf of the Bidder. The name and position held by each person signing, must be typed or printed below the signature. All pages of the bid except for un-amended printed literature where entries or amendments have been made shall be initialed by the person or persons signing the bid The bid shall contain no alterations, omissions, or additions, unless such corrections are initialed by the person or persons signing the bid. 16. Tender Rejection 16.1 Tender that is received after the schedule time and date of submission shall not be opened Tender that is received without appropriate pre-determined earnest money & Bidders Eligibility Criteria including submission of supporting documents shall not be considered

37 16.3 MECON/ HPCL & BPCL reserves the right to reject a tender if it deviates materially from the conditions mentioned in the tender document and if tenders are conditional MECON/ HPCL & BPCL also reserves the right to reject a tender and ask for revised price bids without assigning any reason whatsoever. 17. Bids from Joint Venture Bids from Consortiums shall not be accepted. A Joint Venture of not exceeding 2 partners is permitted to bid, provided the Joint Venture is registered in India or elsewhere in the world and it meets the Bidders Eligibility Criteria. A copy of the Joint Venture Agreement indicating the detailed division of work between the Joint Venture Partners shall be furnished, The Joint Venture Agreement shall also indicate the lead partner who will have managerial control and deal with HPCL & BPCL/ MECON. 18. A firm shall submit only one bid in the same bidding process, either individually as a Bidder or as a Joint Venture. A firm, if acting in the capacity of subcontractor in any bid, may participate in more than one bid, but only in that capacity. A Bidder who submits or participates in more than one bid will cause all the proposals in which the Bidder has participated to be disqualified. 19. Cost of Bidding 19.1 The Bidder shall bear all costs associated with the preparation and submission of the bid, and MECON / HPCL & BPCL will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 20 Site Visit 20.1 The land for installation of Hydrogen Plant and Route & ROU for laying of pipelines from his plant to HPCL / BPCL has to be arranged by the Bidder The Bidder is advised to visit and examine the Site of Works and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the bid and entering into Agreement as per the Bidding Document. The costs of visiting the Site shall be at the Bidder s own expense The Bidder and any of its personnel or agents will be granted permission by the HPCL to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the Bidder, its personnel, and agents will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection