Tender No.

CPCLH24443

CHENNAI PETROLEUM CORPORATION LIMITED

(A Government of India Enterprise and Group company of IOCL)

Manali, Chennai - 600 068,

Tamil Nadu, India.

CONTRACT CELL

TENDER DOCUMENT

FOR

GREEN HYDROGEN GENERATION UNIT

(GHGU) OF 2 KTA CAPACITY ON BOO
BASIS AT CPCL MANALI

Tender Document No.: CPCLH24443

TECHNO-COMMERCIAL BID (PART- A)

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 Tender No. CPCLH24443

DOCUMENT / DETAILS TO BE SUBMITTED BY BIDDER

1. Bid Security Declaration as per Attachement-1 to NIT on bidders Letterhead

2. Duly signed and stamped integrity pact as per Annexure-A
3. Documents in support of Experience Pre-Qualification Criteria stipulated in the tender
document/NIT
4. Annual Turn-Over (ATO) (Profit and Loss Account and Balance Sheet) Document of last
three previous years including networth details as mentioned in NIT.
5. Copy of Provident Fund (PF) Code allotment letter.
6. Copy of Permanent Account Number (PAN) Card.
7. Income Tax Returns acknowledgement for last 3 years.
8. Valid legal Authorization document in favour of signatory to tender issued on or after
publication of this tender
9. Format A – Declaration of tender acceptance
10. Format B - Information about bidders
11. Format C - Schedule of deviation
12. Format D – Prequalification details submitted by bidder
13. Format E - Declaration for confidentiality clause w.r.t compliance with CPCL’s insider
trading code
14. Format F - Declaration for the purpose of Section 206AB & 206CCA of Income-tax Act,
1961–
15. Format G - Compliance with the government order on procurement from bidders from
countries sharing land border with India
16. Format H - Declaration of Local Content along with CA /Statutory Auditor Certificate
17. Format I – ESI declaration
18. Format-K - Declaration regarding submission of single bid
19. Declaration of Black Listing / Holiday Listing (GCC- Appendix IIA)
20. CPCL vendor code
a. If bidder is not having CPCL vendor, then following documents to be submitted
b. Copy of GST registration certificate
c. Format J Bank details
d. Certificate of incorporation
21. Other documents as mentioned in SCC, if any
22. MSE bidder details (if applicable)

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INDEX
Sl.No Description Page No.
Wrapper Sheet 1
Documents to be submitted by bidder 2
Index 3
1 Notice Inviting Tender 6
2 Pre-Qualification Criteria 14
3 Project Description 26
4 Conditions of Contract 29
5 Scope of Work 88
6 Design Basis 152
7 DHSE Design Basis 160
8 Technical information Required in the bid 174
9 Schedules
Schedule-A: Operating Guidelines 180
Schedule-B: Site Layout 187
Schedule-C: Product Specifications 189
Schedule-D: Conditions Precedent 192
Schedule-E: Format for Performance Security 194
Schedule-F: Metering and Battery Limit Interface 198
Schedule-G: Format for Green Hydrogen Purchase
203
Agreement
Schedule-G: Format for Land License Agreement 206
10 Evaluation methodology 216
11 Preamble to Schedule of rates 217
12 Schedule of Rates 220

Technical Specifications (Attached as Separate

13
Document in RAR file)

Standard document (SCC and formats) (Attached as

14 (Total 142 pages)
separate document comprising of following)
a Special Conditions of Contract for Tendering 3
b Special Conditions of Contract for Execution 10
c Conciliation Rules 2018 40
d Safety
d.1  Penalty towards non-compliance to safety 58
d.2  Contractor safety guidelines 60

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15 Formats
Format A Declaration for Acceptance of Tender Document 96
Format B Information about bidders 97
Format C Schedule of deviation 98
Format D Prequalification details submitted by bidder 99
Declaration for confidentiality clause w.r.t compliance
Format E 102
with CPCL’s insider trading code
Declaration for the purpose of Section 206AB &
Format F 104
206CCA of Income-tax Act, 1961
Compliance with the government order on
Format G procurement from bidders from countries sharing land 106
border with India
Format H Declaration of Local Content 109
Format I Declaration for independent ESI 111
Format J Consent Letter Format for E-Payment 112
Format K Declaration regarding submission of single bid 114
Forma L Surety Insurance (Bid security bond) 115
Annexure A Integrity Pact 122
Annexure B Reverse auction in e-tender portal 132
Annexure C Reverse auction in GeM portal 135
Annexure F GOI procurement policies 138
Annexure K MSE bidder details 140
Annexure L TReDS 141
Appendix IIA Declaration of Black Listing / Holiday Listing 142
General conditions of contract (attached as a
16 Total 103 pages
separate document comprising of following)
1. Definition of Terms 2
2. Instructions to Bidders (ITB) 4
3. Interpretation of Contract Documents 14
4. Security Deposit 16
5. Changes in Scope of Work / Quantities 18
6. Materials and Facilities 25

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7. Performance of Works 31
8. Inspection and Testing 41
9. Measurements and Payment 48
10. Taxes, Labour Laws and Insurance 57
11. Termination 63
12. Arbitration 68
13. Safety Regulations 70
14. General 80
Appendices (content detailed below) 81
I Submission of Tender 82
II Information of Tenderer 85
II-A Declaration of Black Listing / Holiday Listing 86
III Details of Past Experience 87
IV Details of Equipment Proposed to be used for the
88
Tendered Work
V Details of Concurrent Commitments 89
VI Bank Guarantee for Earnest Money Deposit 90
VII Agreement 92
VIII Bank Guarantee for Initial Security Deposit 95
IX Bank Guarantee for Security Deposit 98
X Indenture for Secured Advance 100
XI Indemnity Bond 103

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 Tender No. CPCLH24443

Chennai Petroleum Corporation Limited

(A Government of India Enterprise and Group company of IOCL)

Notice Inviting Tender

M & C - Contracts

Bids are invited in Two-Bid System [Part-A Techno Commercial Part; and Part-B
Priced Part] on behalf of Chennai Petroleum Corporation Limited (CPCL) for subject
work in the form of Electronic mode.

1. Tender No. CPCLH24443

2. Tender website https://cpcletenders.nic.in/
DOMESTIC BIDDING
3. Type of Bid
Two Bid System
Green Hydrogen Generation unit (GHGU) of 2
4. Name of Work
KTA capacity on BOO basis at CPCL Manali
30 Months (28 Months (MC) + 2 Months
(Commissioning) from the date of issue of
5. Completion Schedule
Notice of Award/Letter of award for first delivery
of Hydrogen Gas
6.
Tender download schedule 21 Days from the date of tender publish

Site Visit:
Site Visit shall be arranged for intending
bidders as per following:
Date & Time: 10:30 A.M. on 20.12.2024 (IST)
Venue: M&C Conference hall, Admin Block-III
CPCL, Manali, Chennai
Pre-Bid Meeting:

11:00 A.M on 23.12.2024 (IST)

The Pre-bid meeting shall be held on Video
7. Pre-Bid Meeting / Site Visit
Conferencing platform with all intending &
interested bidders.
Link of pre-bid meeting is as below:
Join the meeting now
Meeting ID: 454 971 709 449
Passcode: fa2up98F
The Tenderer requiring any clarification on the
bidding document may notify the Tender
Inviting Authority by using online form at least
02 (two) days before pre bid meeting.

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Prebid queries may please be sent through

Microsoft Form at following link
https://forms.office.com/r/gGqiUvJ00e
Tenderers are allowed multiple submissions
through above query form.

8. Bid Submission 21 days as per tender portal

9. Techno-commercial Tender 21 days as per tender portal or at a later date /
opening date time convenient thereafter.
Nil. Bidder are required to submit Bid Security
Declaration form as per Annexure-1 to NIT, in
10. Earnest Money Deposit (EMD)
lieu of Earnest Money Deposit. Tender without
Bid Security Declaration is liable for Rejection.
11. EMD exemption Not Applicable
Pre-qualification Criteria
12.
(PQC):
Bidder’s audited annual
financial turnover during any
12.1 one of the preceding 3 (three)
Applicable. Refer Chapter-2 for Pre-
financial years viz. 2021-22,
Qualification Criteria
2022-23 & 23-24 be at least
Net worth for the last audited
12.2
financial year (2023-24).
Prequalification-Experience /
12.3
Technical Criteria
• PF (Provident Fund) registration
• ESI (Employee State Insurance) registration
Other documentation • PAN card
13.
requirements • Certificate of Incorporation/ Partnership
deed/ Proprietor ship affidavit.
• GST Registration Certificate
Deputy General Manager (Contracts)
CPCL, Manali
13.1 Tender Inviting Authority Chennai
Phone :044-2594 4180 / 2594 4000
• e-mail: kanagarajg@cpcl.co.in
Phone: 044-2594 4146/
044-2594 4222
13.2 Alternate contact details
e-mail: kselvam@cpcl.co.in/
hemandra@cpcl.co.in
14. Integrity Pact Agreement Applicable (Refer Annexure A)
15. Criticality of work Critical

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16. PQ relaxation to startups Not applicable

17. Splitability Not applicable
Job category: (Service / Works
18. Service Contract
contract)
19. Reverse Auction Applicable (Refer Annexure B)
Minimum Local Content More than or equal to 20%
20. required as per Make In India (Class I and Class II Local Bidders are eligible
Policy for participation)
Only class I local suppliers are eligible for MII
(Make in India) purchase preference.
Purchase Preference
21.
Category Only Micro & Small category (MSE) bidders are
eligible for MSE purchase preference, as per
GOI (govt. of India) policy
Shri. S.Sadagopan,
Chief General Manager (Logistics&Projects)
Chennai Petroleum Corporation Limited
536, Anna Salai, Teynampet,
Name of the Coordinator of the
Chennai-600 018
22. Grievance Redressal Cell:
Telephone No: 044-25941192
Mail id: ssadagopan@cpcl.co.in

For details, refer Cl.No.3.1.13 of Special

Conditions of contract for tendering
Shri Girraj Prasad Gupta, ICAS (Retd.)
E-94, First Floor, GK 1
New Delhi – 110 048
Mobile No.91-9868266056
Email id: gpgupta1804@gmail.com
Shri Chirravuri Viswanath, IAS(Retd.)
23. Independent External Monitors
8-2-293/82/PN/102 Plot No.102
Prashasan Nagar, Jubilee Hills, Road No.72
Hyderabad, Telengana-500 110
Mobile: 9717173387
Email id: chirravuriv@gmail.com
For details, refer Annexure A (Integrity Pact)
6 months from the date of opening of bid
24. Offer validity
(superseding GCC Cl.No.2.18)

25. Additional points Nil

Deputy General Manager (Contracts)

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Notes:

1) 2 bid system: Documents for Part-A for Techno-Commercial portion and Part-B for
Price portion comprising of “Schedule of rates (or) bill of quantities (BOQ)” shall be
uploaded tender website mentioned in the NIT within the due date and time of
submission
2) Earnest Money Deposit (EMD): As EMD is Nil and bidder are required to submit
bid security declaration, following clause with respect to EMD may please be
ignored:

a) Tenders without Earnest Money are liable to be rejected.

b) In all type of tenders, Central PSUs are exempted from submission of EMD.
EMD exemption to Micro & Small Enterprises (MSE) bidders having valid
Udyam Registration certificate is allowed only for Service contract and not for
Works contract.
c) EMD shall be submitted online by Indian bidders.
d) EMD shall be deposited through online transfer to CPCL A/c No.: 10130459267
of Chennai Petroleum Corporation Limited, State Bank of India, CAG branch,
Chennai, IFSC: SBIN0009999 is acceptable.
e) The Bidder shall specify the tender number in the subject text during the online
/ UPI transfer of the amount to CPCL account for co-relation.
f) Further, the Bidder shall provide a letter to CPCL specifying the following details
along with their bids.
 CPCL Tender/Enquiry No.,
 UTR number/RTGS / UPI transaction id,
 Amount of EMD and
 Date of Receipt / transaction
g) Swift Transfer will be accepted only from foreign bidders.
h) BG in prescribed format from a scheduled bank is acceptable provided EMD
amount is not less than Rupees One Lac.
i) The BG shall be issued by a Scheduled Commercial Bank located in India. BG
issued by an international bank situated in India and registered with Reserve
Bank of India is acceptable. BG issued by a Foreign Bank not situated in India
shall be counter guaranteed by their branch in India or a scheduled commercial
bank.
j) Wherever applicable, scanned copy of EMD Bank guarantee should be
uploaded along with offer and original of BG should reach to the office of tender
issuing authority in sealed envelope super-scribing tender name, tender
number, date of opening and bidder’s name, preferably before the deadline of
submission but not later than 7 (seven) days from tender opening date.

k) CPCL is registered with NeSL (National e-Governance Services Ltd) platform

for acceptance of e-BG and CPCL entity ID is AAACM4392C. Hence, e-BG is
also acceptable and the guidelines as mentioned for physical BG is applicable
for e-BG.

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l) Structured Financial Messaging System (SFMS) is a platform where details of

BGs can be electronically transmitted by the issuing bank to another bank,
which in turn would confirm to beneficiary on the issuance and genuineness of
the BG. In case bidder opts to submit EMD in the form of BG, then the following
shall be complied with:

In addition to receipt of the BGs directly by CPCL from the issuing bank, the
bidder shall make a request to the BG issuing bank or branch to transmit the
BG details through SFMS (MT 760) to the following CPCL banker and the
beneficiary being “Chennai Petroleum Corporation Limited”:

State Bank of India, Corporate Accounts Group Branch, Chennai, Tamilnadu.

IFSC: SBIN0009999

The BG would be reckoned by CPCL only on formation of receipt of SFMS by

CPCL branch, SBI CAG Branch, Chennai.
The above process is applicable for SDBG / CPBG also.

m) Surety Insurance (Bid security bond) is also acceptable in place of Bank

guarantee. The proforma is enclosed as format L.

3) Pre-qualification – Financial criteria

a) Bidder shall submit either Audited Annual Financial Turnover Report (Profit &
Loss Statements and Balance Sheets) (or) a Certificate from Charted
Accountant with UDIN duly certifying the Audited Annual Financial Turnover of
the company and Net Worth
b) ATO document must contain the Name, Signature and membership no. of
Charted Accountant. In case Audited certificates/ Balance Sheet/ Profit& Loss
account statement are issued by any Auditor/Chartered Accountant then it
should bear UDIN (Unique Document Identification Number) for such reports of
FY 2019-20 onwards.
4) Pre-qualification –Experience Criteria:
a) For fulfilling the experience criteria against work order(s) following documents
may be considered as valid proof for meeting the criteria: Purchase/ Work Order
copy with Schedule of Rates/ Scope of Works.
b) Satisfactory Completion certificate by client with executed value, date of
completion of the job and reference work order number. In case executed value
is not mentioned in the completion certificate issued by the client, work order
value with amendments, if any, shall be considered for the purpose of
evaluation.
c) In case the executed value of job is more than work order value and bidder
claims for meeting the PQC requirement on the basis of executed value then it
is the responsibility of the bidder to submit the documentary evidence of final
executed value (such as copy of final bill, executed value mentioned in
completion certificate) along with his bid.
d) If the documentary evidence of executed value is submitted by the bidder along
with his bid, then the work order value or executed value, whichever is higher,
shall be considered for meeting PQC requirement and his offer will be evaluated
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accordingly. If no documentary evidence is submitted by the bidder for the

Completion value, then his offer will be considered on the basis of the work
order value of successfully completed work. However, certificate for
successfully completion of the job is mandatory.
e) The amount considered for meeting the experience criteria of PQC shall be
exclusive of Service Tax/GST. In case the value of job submitted by the bidder
does not have clarity with regard to inclusion/exclusion of Service tax/GST, the
amount appearing in the certificate shall be considered inclusive of tax and shall
be evaluated accordingly.
f) In case of Sub contract works, the bidder is also required to submit a Certificate
from the end user / Owner / Consultant of the Owner stating that the main
contractor has intimated them about the engagement of sub-contracting OR
have been allowed/ permitted as a sub-contractor
g) The completion date of work order should fall within the qualifying period
(irrespective of work order issue date and date of commencement of work).
h) In case of foreign bidders, if the value indicated is in currency other than USD
the same shall be converted in equivalent USD considering the conversion rate
as on the date of issue of the reference order(s) based on SBI bill selling rate
5) Power of Attorney in favour of person authorized to submit the bid.
a) In case of Proprietary Concern – Duly notarized affidavit to be submitted
b) If the bid is submitted by person other than proprietor, POA authorizing the
person to submit bid on behalf of the concern
c) In case of Company – Certified copy of Board Resolution authorizing the person
submitting the bid on behalf of the company.
d) In case of Partnership Firm / LLP POA along with Deed of Partnership / LLP
Agreement
e) In case of Co- Operative Society-Copy of resolution passed as per Society
Rules
6) General:
a) Offer from following types of bidder will not be accepted
i) Who are in the Holiday / Negative list of CPCL or its Administrative Ministry,
MoPNG.
ii) Who are under liquidation, court receivership or similar proceedings.
iii) Consultant or their subsidiary Company or companies under the
management of consultant for execution of the same project for which they
are working as consultant.
iv) Bidder(s) who are undergoing insolvency resolution process or liquidation
or bankruptcy proceeding under Insolvency and Bankruptcy Code, 2016
(Code).
v) Bidder(s) whose insolvency resolution process or liquidation or bankruptcy
proceeding is initiated under the Code at any stage of evaluation of the bid.”
vi) Offer from Joint Bidders / Consortium will not be acceptable unless stated
otherwise elsewhere in the tender document.
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b) The offers with incomplete /irrelevant documents or anomalies are liable to be

rejected without any communication. Hence, bidders are advised to take utmost
care while uploading their prequalification documents.
c) Relevant supporting documents towards other requirements specified are also
to be uploaded along with Techno- commercial bid failing which bid is liable for
rejection.
d) Submission of authentic documents is the prime responsibility of the bidder.
Wherever CPCL has concern or apprehension regarding the authenticity/
correctness of any document, CPCL reserves the right to get the documents
verified from issuing authority/any relevant source. If documents (part or full)
are found forged, such offers will be summarily rejected and EMD will be
forfeited and may be debarred from future tenders.

e) Bidders are to quote their most competitive rates. Negotiations will not be
conducted with the bidders as a matter of routine. However, Owner reserves
the right to conduct negotiations.

f) In case, any bidder or a foreign bidder submits any of the Pre-Qualification

supporting documents in any language other than English, then it will be the
responsibility of such foreign bidder to also provide the English translation copy
of the same duly certified, stamped and signed by their Local Chamber of
Commerce/ Notary.

g) Any Addendum/Corrigendum/Sale date extension in respect of above Tender

shall be issued on tender website only and no separate notification shall be
issued in the press. Bidders are therefore requested to regularly visit tender
website to keep themselves updated. Failure of Bidder to submit tender without
taking cognizance of Corrigendum / Amendment (if any) issued by CPCL shall
make bid liable for rejection.

h) Bidder cannot make any claim against CPCL towards its expense incurred in
connection with the preparation and delivery of their bids, site visit,
participating in the discussion and other expenses incurred during bidding
process.

i) Canvassing in any form by the bidder himself or by any other agency on their
behalf may lead to disqualification of their bid.
j) Submission of tender document by itself shall not amount to pre-qualification
or entitle the agency to participate in the bidding

k) CPCL reserves the right to reject any or all of the tenders or any parts of the
tender so received and may cancel the tender in part or full, extend the due
date of Tender submission etc. without assigning any reason.

l) CPCL reserves the right to complete the evaluation based on the details
furnished by the bidder, with or without seeking any additional supporting
documents / clarifications.

m) Legal dispute, if any, shall only be within the jurisdiction of Local Court unless
mentioned otherwise.

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Attachment-1 to NIT
Bid Securing Declaration Form
(To be submitted on Bidders Letterhead)
Date:
Tender No. CPCLH24443
Name of Work: Green Hydrogen Generation unit (GHGU) of 2 KTA capacity on BOO
basis at CPCL Manali

To: DGM (Contracts)

I / We, the undersigned, declare that:

I/We understand that, according to your conditions, bids must be supported by Bid
Securing Declaration.
I /We accept that I/We may be disqualified from bidding for any contract with you for a
period of one year from the date of notification if I am / We are in a breach of any
obligation under the bid conditions, because I/We
a) Have withdrawn/modified/amended, impairs or derogates from the tender, my/our
Bid during the Period of bid validity specified in the form of Bid OR

b) Having been notified of the acceptance of our Bid by the purchaser during the
period of bid validity:
i) Fail or refuse to execute the contract, if required, OR
ii) Fail or refuse to furnish the Performance Security, in an accordance with the
instructions to Bidders.
I/We understand this Bid Securing Declaration shall cease to be valid if I am/ we are
not the successful Bidder, upon the earlier of
i) The receipt of your notification of the name of the successful Bidder: or
ii) Thirty days after the expiration of the validity of my/our Bid.

Signed:………………………………………………….
(Insert signature of person whose name and capacity are shown)

In the capacity of………………………………

(Insert legal capacity of person signing the Bid Securing Declaration)

Name:…………………………………………………
(Insert complete name of person signing he Bid Securing Declaration)

Duly authorized to sign the bid for an on behalf of (insert complete name of Bidder)

Dated on………………………. Day of………………… (Insert date of signing)

Corporate Seal (where appropriate)

(Note: in case of a Joint Venture, the Bid Securing Declaration must be in the name
of all partners to the Joint Venture that submits the bid)
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PRE-QUALIFICATION CRITERIA:

Intending Bidders shall meet the minimum qualification criteria detailed below to
qualify. The Bidders shall have to furnish proof of their qualification credentials and
other relevant documents mentioned in the Bidding Document along with Bid.

1.1.2 BASIC ELIGIBILITY CRITERIA

Bidding Entity:

Bidding entity shall be one having experience in any one or more route
specified in the qualification matrix provided below in Technical criteria and
must qualify and meet the criteria as per the definition provided for each
route.

The bidding entity shall either be a Sole Bidder or a Wholly owned subsidiary or a
Consortium as defined below.

a) Sole Bidder:

Sole Bidder to be an Individual (Proprietor/ Partnership/ Private Limited Company

/ Limited Company/ An incorporated Joint Venture company).

Sole bidder can meet the technical, commercial & financial criteria stated below
on its own or bidder may use credentials of their parent / holding company /
promoters / partners / constituents/ affiliates, provided each having minimum 26%
stake, in the bidding entity.

Sole Bidder can also meet technical experience criteria through the MOU routes
in line with PQ Matrix.

The parent / holding company / promoters / partners / constituents/ affiliates

Company whose PQ criteria is being used shall submit an undertaking as per
attached format as Attachment-1 to PQC.

The parent / holding company / promoters / partners / constituents/ affiliates

Company whose PQ criteria is being used for Financial and Commercial
qualification shall submit joint and severely responsible contract.

In case Bidding entity envisages to enter into an MOU arrangement as per matrix
for technical qualification, such entity shall require to submit a consent letter from
such proposed MOU partner(s) indicating that the validity of such MOU shall not
be less than eight years (8) from the date of First delivery of Hydrogen. Such
consent letters must be furnished along with the bid.

b) Wholly owned subsidiary:

A Wholly own subsidiary of a Foreign or Indian Company on the strength of parent

company.

Such entity can meet the technical and financial criteria on its own or may use
credentials of their parent company.

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Bidder may use credentials of holding company / promoters / partners /

constituents/ affiliates of their parent, provided each having minimum 26% stake,
in the parent company of that bidding entity.

Wholly owned subsidiary can also meet technical experience criteria through the
MOU routes in line with PQ Matrix.
The parent / holding company / promoters / partners / constituents/ affiliates
Company whose PQ criteria is being used shall submit an undertaking as per
attached format as Attachment-1 to PQC.

c) Consortium:

Bids submitted by a Consortium (including unincorporated Joint Venture) of a

maximum three companies (One Leader/ Prime Member and two members), shall
comply with the following requirements:

1) Consortium Experience

a) Leader/ Prime Member of Consortium (including unincorporated Joint

Venture) shall meet not less than 48% of the financial qualification criteria.

b) The other members of Consortium (including unincorporated Joint

Venture) shall meet not less than 15% Financial criteria.

c) The consortium arrangement shall ensure that each member (out of

maximum 3) has at least 26% shareholding in the consortium.

d) Members of consortium (including un-incorporated JV) shall not be entitled

to use experience of their respective parent companies.

e) Consortium members together including the leader must cumulatively full

fill the financial qualification criteria. Consortium must meet technical
qualification criteria on the strength of its member or through the MOU
routes according to PQ Matrix as defined below or combination.
f) Detailed Consortium agreement in the form of Memorandum of
Understanding (MOU) clearly indicating the roles and responsibilities of
each member of the Consortium (including unincorporated Joint Venture),
shall be submitted along with the offer.
g) Such a MoU shall have to be converted into a JV agreement within 4
months from the date of award of Letter of Acceptance (LoA)
All member(s)/ partners(s) of Consortium (including un-incorporated JV)
whose PQ criteria is being used shall submit an undertaking as per attached
format as Attachment-1 to PQC.

2) One of the Members of the Consortium (including unincorporated Joint Venture)

shall be companies/ firms incorporated and registered in India as per the
Companies Act, 2013 or Partnership Act, 1932 or Shop and Establishment act
and subsequent amendment of these Acts prevailing in India, as the case may
be. The companies shall also comply with all other relevant statutory norms
prevailing in India.

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3) A consortium can have a maximum of 3 partners (3 including the leader). The

leader of the consortium must satisfy the criteria mentioned in 1.(a) and must hold
maximum shareholding among other members. However, each member must
have a shareholding not less than 26%. Companies forming Consortium for the
sole purpose of participating in the subject bid, are permitted to enter into an
agreement by signing an MoU with the leader.

4) Any entity can either bid singly or as a member of only one Consortium (including
unincorporated Joint Venture).
5) Detailed Consortium agreement in the form of Memorandum of Understanding
(MOU), clearly indicating the roles and responsibilities of each member of the
Consortium (including unincorporated Joint Venture), shall be submitted along
with the bid.
6) In case, the Consortium (including unincorporated Joint Venture) is awarded the
job, a duly executed and Notarised Consortium (including unincorporated Joint
Venture) Agreement shall be submitted before signing of Contract agreement with
the Owner.
7) All correspondence for the execution of the job will be made with the Leader/
Prime member of the Consortium (including unincorporated Joint Venture).

8) The Consortium (including unincorporated Joint Venture) Leader/ Prime Member

shall be authorised to incur liabilities and receive instructions for and on behalf of
all members of the Consortium (including unincorporated Joint Venture).
9) It is specifically agreed by the Consortium (including unincorporated Joint
Venture) that in the event of the Leader/ Prime Member of the Consortium
(including unincorporated Joint Venture) running into any financial problem and/
or otherwise fails to comply with any of Leader’s/ Prime Member's obligations
under the Contract at any time, other Member(s) shall fully undertake total
responsibility to provide all necessary financial resources for the project and shall
comply with all the obligations of the Leader/ Prime Member under the Contract,
in addition to his own obligations, for completing the project in time, without
prejudice to the joint and several responsibilities of the Member and the Leader/
Prime Member.
10) Failure to honour the commitment as per the Responsibility matrix, will attract
actions including but not limited to those defined under Conditions of contract
including holiday listing of Consortium (including unincorporated Joint Venture),
Leader/ Prime Member and the other Member.

11) The Consortium agreement shall be signed by authorized representatives of

consortium members and submitted to be legally binding on all the members
jointly and severally for the fulfilment of the terms of the Contract and for discharge
of liabilities of the Consortium (including un-incorporated JV) t o CPCL.
12) Such a MoU shall have to be converted into a JV (single legal entity) within 4
months from the date of award of Letter of Acceptance (LoA). Failing which LoA
shall be withdrawn, and award terminated with forfeiture of EMD and other penal
actions as specified in the Conditions of Contract (CoC) as well as elsewhere in
the contract. The member(s) shall authorize the Leader to bind the Consortium
through a Power of Attorney given by the member to the Lead Member.

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13) Bidders have to submit certified documentary evidence with respect of their
experience and partnership/ MoU Agreement. Such certification shall be notarized
and on a stamp paper of appropriate value. The validity of such agreement shall
be till 4 months from the award of LOA.

1.1.3 TECHNICAL CRITERIA:

A bidder shall meet the criteria specified in the matrix below to be
considered as technically qualified.

Definitions

(i) MNRE-1 (EQ): All companies awarded capacity for Electrolyser manufacturing
under Mode-1 (Tranche I & II) of the Strategic Interventions for Green Hydrogen
Transition (SIGHT) Program by MNRE.

Documents to be submitted w.r.t Technical Criteria - MNRE-1 (EQ)

MNRE–1 (EQ) shall provide the relevant extract of LoA issued from SECI under
SIGHT Program for Electrolyser Manufacturer as documentary evidence to
establish MNRE-1 (EQ) qualification

(ii) MNRE-2 (GHP): All companies awarded capacity for Hydrogen production under
Mode-1 (Tranche I & II) of the Strategic Interventions for Green Hydrogen
Transition (SIGHT) Program by MNRE.

Documents to be submitted w.r.t Technical Criteria - MNRE-2 (GHP)

MNRE–2 (GHP) shall provide the relevant extract of LoA issued from SECI under
SIGHT Program for Green Hydrogen Production as documentary evidence to
establish MNRE-2 (GHP) qualification
(iii) BOO: Bidder should have executed a plant on BOO/BOOT basis having
Hydrogen production/generation facilities during last 15 (fifteen) years ending on
last day of the month immediately previous to the month in which last date of bid
submission falls (in case of extended bid submission date, original bid submission
date shall be considered) and shall have been in satisfactory commercial
operation for not less than one year on continuous basis. R&D/Pilot scale/Demo
plants shall not be considered.

Documents to be submitted w.r.t Technical Criteria - BOO/BOOT

a) Copy of Priced/un-priced Contract/Agreement/Work order for BOO/BOOT

for reference Unit.

b) Completion/ Performance/ End user certificate issued by End-user/

Customer. The submitted certificate shall include the following information:
• Details of the Contract Agreement/Work order for the subject job
• Production capacity of the reference unit
• Date of Commissioning & period of operation for reference Unit under
BOO/BOOT contract
• Date of Commencement of supply by the BOO / BOOT Operator.

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• Period of supply elapsed under BOO/BOOT contract.

• Details of contact person (end-user).
• Name of the Technology Provider/Licensor and Detailed Engineering
Contractor

c) Reference documents such as PFD / P&ID / extracts of Basic Design

Engineering Package etc. indicating / highlighting the Hydrogen handling
facilities for the reference units. For submitted experience in refinery process
units with hydrogen production/generation facilities, i.e., HGU, PX, NCU,
CCRU, above reference documents are not required to be submitted.

d) MOU/agreement/undertaking from BOO/BOOT contractor as referred in

Qualification Matrix below. MOU shall cover BOO/BOOT contractor
confirming their willingness to support bidder for this Project for a minimum
first 08 years of operation.
(iv) EPC/LSTK: Bidder should have successfully executed and completed
EPC/EPCC/LSTK Contract with single point responsibility, involving "Project
Management, Detailed Engineering, Procurement, Construction, Pre-
commissioning and Commissioning/ Commissioning Assistance” for a new
process plant or power plant in Oil and Gas Sector or fertilizer plant or power plant,
during last 15 (fifteen) years ending on last day of the month immediately previous
to the month in which last date of bid submission falls (in case of extended bid
submission date, original bid submission date shall be considered).. R&D/Pilot
scale/Demo plants shall not be considered.

Documents to be submitted w.r.t Technical Criteria – EPC/LSTK

a) Copy of Priced/un-priced Contract Agreement/ Work order for EPC/EPCC/

LSTK for reference Unit.

b) Completion/ Performance/ End user certificate issued by End-user/

Customer. The certificate shall include the following information:
• Details of the Contract Agreement/Work order for the subject job
• Production capacity of the reference unit
• Date of Co m p le t io n / Commissioning for reference Unit under
EPC/EPCC/LSTK contract
• Details of contact person (end-user).

c) Reference documents such as PFD / P&ID / extracts of Basic Design

Engineering Package etc. indicating / highlighting the Hydrogen facilities for the
reference units. For submitted experience in refinery process units with hydrogen
facilities, i.e., HGU, DHDT, VGO-HDT & CCRU, above reference documents are
not required to be submitted.

d) MOU/agreement/undertaking from EPC/EPCC/LSTK contractor as referred in

Qualification Matrix below. MOU shall cover EPC/EPCC/LSTK contractor
confirming their willingness to support bidder for this Project for minimum up to
12 months from the actual date of commissioning.

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(v) EQ: A Registered Electrolyser Manufacturer having experience of manufacturing

PEM/ AWE/ SOEC or equivalent commercially available technology. Such a
manufacturer should have minimum annual Electrolyser manufacturing capacity
of 7.5 MW.

Documents to be submitted w.r.t Technical Criteria - EQ

a) Bidder to submit supporting documents for having met the Criteria as per
Clause 1.1.3 (v) for electrolyser experience.

b) MOU/agreement/undertaking from Electrolyser Manufacturer as referred in

Qualification Matrix below. MOU shall cover Electrolyser Manufacturer
confirming their willingness to support bidder for this Project for a minimum
first 08 years of operation.

(vi) RE: A Renewable Power Producer operating a Grid connected Solar or Wind or
any other form of Renewable source-based power plant for the 01 (one) year on
continuous basis during last 15 (fifteen) years ending on last day of the month
immediately previous to the month in which last date of bid submission falls (in
case of extended bid submission date, original bid submission date shall be
considered). The total installed capacity of Renewable Power plant should not be
less than 150 MW (AC).
In case of RE, the work done by the wholly owned subsidiaries shall be counted
in the evaluation of technical credentials. This applies to both situations when the
RE company is a bidding entity or an MOU partner.

Documents to be submitted w.r.t Technical Criteria - RE

a) Commissioning Date Certificate (CoD) or Commissioning Certificate for a Grid
connected Solar or Wind or any other form of Renewable source-based power
plant with minimum cumulative installed capacity of 150 MW (AC), issued by
any nodal agency e.g. Solar Energy Corporation of India Ltd. (SECI) or by
any other Client (Power purchaser) / Consultant / Main Contractor. The
commissioning certificate should clearly indicate the type and capacity of the
plant along with the commissioning date.

b) The renewable power plant(s) should have been in operation for a minimum
period of one year since commissioning. Operation certificate from Client
(Power purchaser) or relevant documentary proof endorsed by the Client
(Power Purchaser) for supply of renewable power to Client (Power Purchaser)
for a minimum period of one year to be submitted by bidder.

c) MOU/agreement/undertaking from Renewable Power Producer as referred in

Qualification Matrix below. MOU shall cover Renewable Power Producer
confirming their willingness to support bidder for this Project for a minimum
first 08 years of operation.

d) If RE is sourced through PPA then such PPAs shall be treated equivalent to

MOU referred in the qualification matrix below. However, requirement of
submitting supporting documents as defined above for qualifying shall remain
same.

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(vii) O&M: Operation & Maintenance Agency should have experience of O&M of
plants producing hydrogen or the units where hydrogen is used as a part of the
process, such experience should be in the Refineries/ Petrochemical/ Fertilizer
plants for a period of Six months on continuous basis during last 15 (fifteen) years
ending on last day of the month immediately previous to the month in which last
date of bid submission falls (in case of extended bid submission date, original bid
submission date shall be considered).

Bidders may enter into an MOU with O&M as required in PQC matrix.
Alternatively, they undertake to deploy O&M experience manpower from any
other O&M agency or on his own. In this undertaking Bidders should commit to
deploy adequate number of manpower per shift having at least 3 years of
experience in the plants producing hydrogen or the units where hydrogen is used’
Documents to be submitted w.r.t. Technical Criteria - O&M
a) Completion/ Performance/ End user certificate issued by End-user/ Customer
or documentary proof for having met the Criteria as per 1.1.3.A (vii) for
operation experience for a plant having Hydrogen production/generation
facilities.

b) Reference documents such as PFD / P&ID / extracts of Basic Design

Engineering Package etc. indicating / highlighting the Hydrogen handling
facilities for the reference units. For submitted experience in refinery process
units with hydrogen production/generation facilities, i.e., HGU & CCRU, above
reference documents are not required to be submitted.

c) MOU/agreement/undertaking from O&M agency as referred in Qualification

Matrix below. MOU shall cover O&M agency confirming their willingness to
support bidder for this Project for a minimum first 08 years of operation.

In case bidder chose to deploy O&M experience manpower to meet the matrix
qualification, other than the undertaking, provision may be kept to furnish
relevant documents in the Bid, pertaining to experience of manpower deployed
periodically at the time of execution.

(viii) PD: Project Developers having experience of undertaking project in Refinery or

Petrochemical or Fertilizer or Power sector.

(ix) Bio-Mass: A Registered Compressed Bio-gas (CBG) Producer operating a CBG

Plant for production of CBG as per SATAT guidelines, for 01 (one) year on
continuous basis during last 15 (fifteen) years ending on last day of the month
immediately previous to the month in which last date of bid submission falls (in
case of extended bid submission date, original bid submission date shall be
considered). The total installed capacity of CBG plant should not be less than 5
TPD of CBG production.
Documents to be submitted for CBG Experience
a) Commissioning Date Certificate (CoD) or Commissioning Certificate for CBG
plant(s) with minimum cumulative installed capacity of 5 TPD CBG meeting
IS 16087 specifications, issued by any nodal agency or by any other Client /
Consultant / Main Contractor. The commissioning certificate should clearly
indicate the type and capacity of the plant along with the commissioning date.

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b) The plant(s) as per (a) above should have been in operation for a minimum
period of one year since commissioning. Operation certificate from Client or
relevant documentary proof endorsed by the Client for supply of CBG to Client
for a minimum period of one year to be submitted by bidder.

c) If bidder opts to purchase CBG from multiple third parties, bidder to comply
with a & b above and also submit MOU/Agreement/Undertaking with each of
the third parties for a minimum of first 08 years of operation meeting the
criteria as per CBG experience.
Above-listed entities (i to ix) shall submit requisite documentary evidence with
respect to their work experience.

QUALIFICATION MATRIX:

Bidding entity may be one having experience in the any one or more route specified
in the matrix provided in the CHT guideline and they must qualify and meet the criteria
as per the definition provided for each route.
Primary
BOO EQ RE Bio-Mass EPC/LSTK O&M Qualified
Bidder
MNRE-1 Yes (MoU) - Yes (MoU) - - Qualified
1 (Electrolyser) - - Yes (MoU) Yes (MoU) Yes (MoU) Qualified

MNRE-2
Yes (MoU) Yes (MoU) - - Qualified
2 (Green
Hydrogen)
Yes (MoU) Yes (MoU) - - Qualified
3 EQ
- - Yes (MoU) Yes (MoU) Yes (MoU) Qualified
Yes (MoU) Yes (MoU) - - - Qualified
4 RE
- Yes (MoU) - Yes (MoU) Yes (MoU) Qualified
- Yes (MoU) Yes (MoU) - Yes (MoU) Qualified
5 EPC/LSTK
Yes (MoU) Yes (MoU) Qualified
- Yes (MoU) Yes (MoU) - - Qualified
6 BOO
Yes (MoU) Qualified
Yes (MoU) Yes (MoU) Yes (MoU) Qualified
Yes (MoU) Yes (MoU) Yes (MoU) Yes (MoU) Qualified
7 PD
Yes (MoU) Yes (MoU) Qualified
Yes (MoU) Yes (MoU) Yes (MoU) Qualified
Yes (MoU) Yes (MoU) Qualified
8 Bio-Mass
- Yes (MoU) Yes (MoU) Qualified

Note – “Qualified” in above matrix means Technically qualified, Bidder has to also
meet the financial and commercial criteria as stated below.

The bidder can enter into a Memorandum of Understanding (MoU) arrangement as

indicated above for meeting requisite technical qualification as per matrix.
The entities MNRE-1 (EQ), MNRE-2 (GHP) EQ, RE, EPC/LSTK, BOO, PD, Bio-mass
should be having experience criteria as defined under Definition.

Bidders are required to submit requisite supporting documents as defined above for
their proposed MOU partners to evaluate their credentials as per the criteria specified
in definitions (ex. RE, EQ, BOO, EPC/LSTK, PD, Bio-Mass).

The bidder must submit a list of proposed MoU partners along with their consent letter
at the time of submission of bid. The signing of the MoU should be completed within
three (03) months of the date of issue of LOA.

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1.1.4 COMMERCIAL CRITERIA

Bidder should have completed a minimum combined capital investment (CAPEX of

the plant exclusive of OPEX cost) or executed Purchase Orders in form of EPC or
EPCC or LSTK jobs of INR 255 Crores including GST/taxes for new plant(s) in
Refinery or Petrochemical or Fertilizer or Power sector during last 15 (Fifteen) years
ending on last day of the month immediately previous to the month in which last date
of bid submission falls (in case of extended bid submission date, original bid
submission date shall be considered).
The combined capital investment or executed purchase orders in form of EPC or
EPCC or LSTK jobs for the above Plant(s) should have been done during the last 15
(Fifteen) years period which shall be reckoned from the last day of the month
immediately preceding the month in which last date of bid submission falls (in case of
extended bid submission date, original bid submission date shall be considered).
For working out combined capital investment or executed Purchase Orders, maximum
Five (05) numbers of above plants will be considered.
Documents to be submitted against Commercial Criteria 1.1.4
a) Certificate from independent auditor confirming that the combined capital
investment (CAPEX of the plant exclusive of OPEX cost & GST/taxes) in the
referred unit(s) is more than the specified amount.
OR
Documentary proof in form of the copy of work order(s)/ contract agreement(s)/
relevant pages of contract document(s) mentioning the value and the scope of
work, completion certificate(s) by owner/ Consultant indicating executed value and
certificate(s) of commissioning of previous plants from owner/ Consultant, fulfilling
the qualification criteria for themselves as well as their proposed Engineering Sub-
Contractor, as applicable.
b) In case, the executed value of job is more than work order value and bidder claims
for meeting the PQC requirement on the basis of executed value, then it is the
responsibility of the bidder to submit the documentary evidence of final executed
value (such as copy of final bill, executed value mentioned in completion certificate
etc.) along with his bid.

c) In case Executed Value is not mentioned in the Completion Certificate, Work Order
value with amendments, if any, shall be considered towards BQC requirements.
Where the executed value is not mentioned in the Completion Certificate, the copy
of certified Bill shall also be acceptable for determining the Executed Value if
submitted along with Completion Certificate. Executed Value or Work Order Value,
whichever is higher, shall be considered towards BQC requirements as above and
Offer shall be evaluated accordingly.

d) Executed value mentioned in the completion certificate should be exclusive of

Service Tax/ GST. In case the value of job submitted by the bidder does not have
clarity with regard to inclusion/ exclusion of Service tax/GST, the amount appearing
in the certificate shall be considered exclusive of tax and shall be evaluated
accordingly.

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e) A job completed by a bidder as a sub-contractor shall be considered for the

purpose of meeting the technical and commercial experience criteria of BQC
subject to submission of following documents in support of meeting the “Bidder
Qualification Criteria”:
i) Copy of work order along with SOR issued by Main Contractor
ii) Bidder has to submit a Certificate from the End User/ Owner/Consultant of the
Owner stating that the Main Contractor has intimated them about the
engagement of Bidder as a Sub-Contractor OR the Bidder had been
allowed/permitted as a Sub-Contractor in the concerned job(s).
iii) Copies of Completion/Commissioning Certificates (as the case may be) issued
by the Owner/ Owner’s Consultant/Main Contractor. The said Certificates shall
have details like work order no. /date, brief scope of work, ordered & executed
value of the job, completion date etc. In case bidder is not able to furnish the
completion certificates from the Owner/Owner’s Consultant in his name then
the Certificate issued in the name of Main Contractor shall also be considered
as proof of completion of the relevant job.

iv) If the bidder cites any reference of a job executed for IOCL and the bidder is
not able to furnish documentary evidence, the internal records of IOCL shall be
considered.

f) A job executed by a bidder for its own plant/ projects can’t be considered as
experience for the purpose of meeting requirement of BQC of the Bidding
Document. However, jobs executed for Subsidiary/ Fellow subsidiary /Holding
company will be considered as experience for the purpose of meeting BQC subject
to submission of tax paid invoice(s) duly certified by Statutory Auditor of the bidder
towards payments of statutory tax in support of the job executed for Subsidiary/
Fellow subsidiary / Holding company. Such bidders to submit these documents in
addition to the documents specified above to meet BQC.

g) For Indian Bidder, Order value(s) in multiple currencies shall be converted to

equivalent INR at the exchange rate of SBI bill selling rate as on the date of award
of such proposed qualifying work(s). Similarly, for Foreign Bidder, Order value(s),
in multiple currencies shall be converted at the exchange rate of SBI bill selling rate
to equivalent USD as on date of award of such proposed qualifying work(s).

h) In case where the Bidder cites the reasons of Non-Disclosure Agreement for its
inability to submit necessary documents in support of meeting the Experience
Criteria, a certificate in original, certifying all the required information, issued by
CEO/ CFO of the company along with a declaration that the bidding company is
not in a position to submit the required documents owing to NDA with an
endorsement by Chartered Accountant / Statutory Auditor / Certified Public
Accountant (not being an employee or a Director or not having any interest in the
bidder(s) company / firm) shall be accepted.
Wherever Chartered Accountant / Statutory Auditor / Certified Public Accountant (not
being an employee or a Director or not having any interest in the bidder(s) company /
firm) is not in a position to endorse such CEO / CFO's certificate due to local
regulations, CEO / CFO's certificate without endorsement may be accepted provided
a reference of the local regulation restricting this endorsement is given in the CEO /
CFO certificate.
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1.1.5 FINANCIAL CRITERIA

i. Net-worth: Net Worth of the Bidder as on the last date of the previous financial
year (FY2023-24), as specified in the tender document should be equal to or
greater than Rs. 30.0 Crores. The net worth to be considered for the above
purpose will be the cumulative net-worth of the bidding company or consortium
together with the net worth of those Affiliates of the bidder(s) that undertake to
contribute the required equity funding and performance bank guarantees in case
the bidder(s) fail to do so in accordance with the NIT. Net-worth shall be
calculated in accordance with the Companies Act, 2013.
ii. The minimum Annual Turnover - The minimum average annual turnover of the
Sole Bidder or its parent / holding company/promoter / partner/ constituents/
affiliates or Consortium/JV members of the bidder during at least one of the
immediate three preceding financial years (FY2021-22, FY2022-23 & FY2023-
24) should be at least Rs. 40.0 Crores.

iii. Liquidity: It is necessary that the bidder has sufficient cash flow/ internal
accruals/ any bank reference to manage the fund requirements for the project.
Accordingly, the bidder shall submit the following documents along with the bid:

(a) Project Financing Plan covering proposed debt & equity funding
arrangements.
(b) Financial & Economic assumptions considered by the bidder.

Documents to be submitted against Financial Criteria 1.1.5

a) Bidder to submit audited balance sheet and balance sheet for past three
preceding financials towards documentary proof for having met the Financial
Criteria as per Clause 1.1.5.

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Attachment-1 to PQC
LETTER FROM PARENT / HOLDING COMPANY / PROMOTERS / PARTNERS /
CONSTITUENTS/ AFFILIATES COMPANY WHERE EXPERIENCE CREDENTIAL
OF PARENT / HOLDING COMPANY / PROMOTERS / PARTNERS /
CONSTITUENTS/ AFFILIATES COMPANY ARE SUBMITTED BY ANY BIDDER IN
SUPPORT OF MEETING PQC (WHEREEVER APPLICABLE AND ALLOWED IN
THE TENDER)
FORMAT OF DECLARATION
(NOTARIAL ATTESTED)
To,
Chennai Petroleum Corporation Limited
.............
...............

Sub.: Tender No.: ............ for the job of ......................

Dear Sir,
The Bid and Techno Commercial Offer No.......dated ......and the Price Bid
dated………is being submitted by for the subject work.
The bidder .......... is the Holding /Partner/ Constituent/ Affiliate / Subsidiary
of…….[Name of Entity giving this undertaking].
We understand that the bid of ................, has been evaluated taking into account our
experience as a parent / holding company/ promoters / partners / constituents/
affiliates company subject to our giving an undertaking as hereinafter appearing.
Now, therefore, in consideration of the premises aforesaid, we undertake so as to bind
also our successors and assigns that of the contract so awarded to the Bidder :
a) We shall to be and remain Jointly and severally liable with the bidder and bound
to you for the due and proper performance of the Work as set out in the Scope of
Work under the contract and shall provide the bidder man power, machinery,
equipment, technology, skill and expertise available to us to properly perform and
complete the Work.

b) We shall be and remain bound by this undertaking notwithstanding the existence

of any inter-se agreement or dispute between the Bidder and us of between the
bidder and you.

We hereby confirm that Mr…………, the undersigned is authorized and competent to

issue this letter/ undertaking on our behalf.

Yours faithfully,
For, ………………..

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 Tender No. CPCLH24443

PROJECT DESCRIPTION
for
BOO TENDER FOR
GREEN HYDROGEN UNIT (2 KTA)AT
CPCL MANALI

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1. INTRODUCTION:

1.1. Chennai Petroleum Corporation Limited (CPCL) is a world-class energy company and subsidiary
of Indian Oil. CPCL operates a 10.5 MMTPA Refinery at Manali, Chennai in the state of Tamil Nadu,
India. The Manali Refinery is one of the most complex refineries in India, with Fuel, Lube, Wax
and Petrochemical feedstock production facilities. The main products of the company are LPG,
Motor Spirit, superior kerosene, aviation turbine fuel, high speed diesel, naphtha, bitumen, lube
base stocks, paraffin wax, fuel oil, hexane and petrochemical feed stocks.

1.2. In support of the Government of India’s National Green Hydrogen Missions, CPCL intends to set-
up an Electrolyzer based or Steam Methane Reforming (SMR) based Green Hydrogen Unit (GHU)
with a Green Hydrogen production capacity of 250 kg/hr, at its Manali Refinery premises. The
Green H2 produced shall be mixed with the existing Grey H2 network of the refinery.

1.3. CPCL intends to utilize Green Hydrogen produced using renewable power and integration of
Green Hydrogen with the existing Hydrogen network of Manali Refinery. In order to meet the
requirements of Green Hydrogen, CPCL desires to invite an Entrepreneur (herein after referred
to as BOO OPERATOR) to install Green Hydrogen Generation Unit of capacity of 250 Kg/hr (of
specified purity) of Green Hydrogen on round the clock basis on as site owned by CPCL within the
vicinity of the Manali Refinery as per the requirements and specifications mentioned in the
technical portion of the ITB.

1.4. This Invitation to Bid (ITB) is prepared for selecting a qualified Contractor for executing a Green
Hydrogen Generation Unit to be constructed for CPCL at Manali on Build-Own- Operate (BOO)
basis.

1.5. BOO Operator shall take care of all men and material and infrastructural facilities so as to operate
and maintain the plant for uninterrupted supply of Green Hydrogen as per specification detailed in
this document. BOO Operator shall be solely responsible to meet various demands of Green
Hydrogen individually and independently arising out of various operating scenarios of CPCL’s
complex defined in design basis within contractual quantities.

1.6. BOO Contractor’s scope for Process Engineering shall include Licensing, Basic Design,
Development of Process Package, Residual Process Design, Detailed Engineering,
HAZOP/HAZID/SIL Study, QRA, EIA & Other Safety Studies as applicable/mentioned in Bidding
Documents, all Statutory Approvals (except EC or NIPL clearance) & its compliance, Total
Procurement (including all supply of all items, equipment and construction material, chemicals,
Supply of Adsorbents/Catalysts, first fill of chemicals and lubricants consumables for
commissioning & Operation, special tools and tackles, Pre-Commissioning Spares,
Commissioning Spares, Start-up spares & operational & Maintenance spares, fabrication, erection,
Installation of all plant machinery, erection of piping, electrical, instrumentation, all Civil &
Structural Works related to the Unit/Project, transportation, Insurance, loading / unloading,
Storing & material control, Construction of Temporary facilities, temporary work, painting,
insulation, fire-proofing, Construction, inspection, testing, Pre- commissioning, Commissioning
and conducting performance guarantee test runs (hereinafter referred as “PGTR”), so as to
complete the Green Hydrogen Unit along with interconnection with CPCL facilities at Manali, in all
respects and Operation of the Green HGU to deliver Green Hydrogen of the required quality and
quantity at the proposed GHGU battery limits. Preparation of Plant/Equipment/Package specific
operating manual for Unit for sufficient, safe operations, start-up and shut down and emergency
handling of the facilities/unit.

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1.7. The works shall be carried out as per the specifications, standards, codes, etc, accordance with
the terms of the Agreements. The Operation & Maintenance (O&M) agreement shall remain in
force for a period of 25 years from the first Delivery date, unless otherwise terminated.

1.8. BOO OPERATOR is advised to visit and examine the site conditions and obtain for itself on its
own responsibility all information that may be necessary for preparing the bid and entering into
the Contract. Claims of any kind due to variation or ignorance of site conditions and
environmental conditions will not be eligible in any circumstances.

2. Site Location:

 State/Country: Tamil Nadu/ India

 Nearest railway station: Chennai Central Railway Station, 13.2 km

 Nearest town/city: Chennai City, 23 km

 Nearest Airport: Chennai Meenambakkam Airport, 38.6 km approx.

3. Plot Area

Land Area requirement 3 Acres (approx.)

The Green Hydrogen Generation Unit shall be built in the earmarked area/ site owned by CPCL
in the vicinity of the Manali Refinery (Refer Appendix-1/ Schedule B) for proposed Green
Hydrogen unit location).

BOO OPERATOR should adhere to the space allotted for the plant and the available area should
be used in the most optimum way. The BOO OPERATOR shall not disturb road layout outside
allocated land for Green Hydrogen Unit, as per above drawing for safety purpose.

BOO operator to carry out all fabrication & construction job in allocated 3 acres land area as per
tender condition.
Space for green belt to be considered by BOO operator as per applicable statutory regulations
for Green H2 unit.

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CONDITIONS OF CONTRACT

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1. DEFINITIONS AND PRINCIPLES OF INTERPRETATION

1.1. Definitions

 “Abandon” shall mean, to the extent not caused due to Force Majeure, failure by
BOOOPERATOR to perform substantial portion of its obligations under this Agreement
for a continuous period of 6 weeks or cessation of substantially all activities relating to
design, build, procurement, engineering, financing, construction, completion, operation
and maintenance of the GHGU for a continuous period of 6 weeks.
 “AGA” shall mean the American Gas Association].
 “API MPMS” shall mean the American Petroleum Institute Manual of Petroleum
Measurement Standards].
 “BOO Operator” means the Successful Bidder. The Successful Bidder shall install
Green Hydrogen Plant on a site licensed by IOCL within the Panipat Refinery &
Petrochemical Complex, as per the requirements and specifications mentioned in the
Agreement(s). The Successful Bidder shall install the facilities, which would be owned
by it. IOCL shall permit the Successful Bidder to operate and maintain the facilities as
per the terms and conditions mentioned in the Agreement(s).

 “Book Value” shall mean the written down value in the books of BOO OPERATOR of a
specific asset or class of asset in accordance with the depreciation rates as set forth in
the Indian Companies Act, 2013.

 “CBD” shall mean as Closed Blowdown system refers to use it for storing the hydro
carbon collected from the various equipment drains and pumped back to Refinery slop
system.

 “Certificate of Operational Readiness” shall have the meaning assigned to such term
in Clause 11.5.
 “Commissioned” shall have the meaning assigned to such term in Clause 11.5.
 “Construction Period” shall mean the period commencing upon fulfilment of all the
conditions stipulated under Clause 3.1 and ending upon the issuance of Certificate of
Operational Readiness (unless the Agreement is terminated earlier in accordance with
the terms hereof), within which BOO OPERATOR shall design, build, finance, test and
commission the GHGU in accordance with and subject to the terms of this Agreement.
 “Construction Power” shall mean power that is used for construction of GHGU till
Mechanical Completion of the unit.
 “Construction Schedule” shall have the meaning assigned to such term in Clause 10.2.
 “Construction Water” shall mean water that is used for construction of GHGU till
Mechanical Completion of the unit.

 “CWIP” shall mean the value of capital works in progress of the GHGU as determined
by an independent consulting engineer mutually appointed by the Parties.
 “Deemed First Delivery Date” shall have the meaning assigned to such term in Clause
11.7.
 “Delivery Point” shall refer to the tie-in point located on the battery limits of the
Production Site wherein the GHGU/Interconnecting Pipelines shall be connected to the
Hydrogen Distribution Network by way of flange/welding connection.

 “Drinking Water” shall mean water used for drinking and safety shower purpose

 “Encumbrance” shall mean and include any mortgage, pledge, lien, charge,
assignment, hypothecation, security interest, title retention, preferential right, trust
arrangement, or other agreement, arrangement or action, the effect of which is the

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creation of security, charge, lien or other such obligations and shall include any
designation of loss payees or beneficiaries or any similar arrangement under any
insurance policy pertaining to the Production Site.

 “Effective Date” The day on which the BOO OPERATOR Conditions Precedent and CPCL
Conditions Precedent have been satisfied or waived in accordance with the terms
hereof, shall be the date of effectiveness of this Agreement
 Financial Close” shall mean the fulfilment of all conditions precedent to the initial
availability of funds under the Financing Agreements.
 “Financial Year” shall mean the period commencing from April 1 of a year and expiring
on March 31 of the succeeding year. The first Financial Year in respect of this Agreement
shall mean the period commencing from the date of this Agreement, until March 31 of
the succeeding year.
 “Financing Agreements” shall mean any agreement executed by BOO OPERATOR in
respect of financial assistance to be provided by the Senior Lenders by way of loans,
guarantees, subscription to non-convertible debentures and other debt instruments
including notes, debentures, bonds and other debt instruments, security agreements,
and other documents relating to the financing (including refinancing) of the GHGU.
 “Fire Water” shall mean water that has been used in firefighting or for extinguishing
fire in the unit and requires disposal

 “First Delivery Rate” shall mean the date on which the GHGU actually commences
delivering Products at the Delivery Point, subject to and in accordance with the terms of
this Agreement
 “Gaseous Green Hydrogen Base Rate” shall mean a flow rate of [250 Kg/hr].
 “Gaseous Green Hydrogen” shall mean the hydrogen gas generated by BOO
OPERATOR at the GHGU by electrolysis of water using Renewable Energy or steam
reforming of Compressed Biogas (CBG) and which shall be delivered to CPCL at the
Delivery Point. (Definition of Green hydrogen applicable for this tender shall be as per
prevailing definition of MNRE and Green Hydrogen Standards and Approval Systems in
India)
 “Gaseous Green Oxygen” shall mean oxygen gas generated by BOO OPERATOR at the
GHGU by electrolysis of water using Renewable Energy.
 “GHGU” shall mean a generation unit situated within the Production Site where BOO
OPERATOR shall undertake generation of Gaseous Green Hydrogen based on electrolysis
of water using Renewable Energy / CBG route and shall include the Interconnecting
Pipelines, necessary ancillary facilities, equipment, systems.
 “Government” shall mean the Government of India and the Government of the State
of Tamil Nadu and any of the duly authorised agencies, authorities, departments,
commissions, regulators, inspectorates, ministries or persons (whether autonomous or
not).
 “Guaranteed Quantity” means CPCL’s demand for Gaseous Green Hydrogen at 2,000
MT per annum or 250 Kg/hr on 8000 hours’ basis or as agreed during the tender stage.
 “Good Industry Practice(s)” shall mean the exercise of those practices, methods,
techniques, standards, reliability, degree of skill, diligence and prudence which would
reasonably and ordinarily be expected from a skilled and experienced service provider
engaged in the same type of undertaking in so far as it is not inconsistent with the
Applicable Laws and shall include those procedures, practices, methods, techniques and
standards prevailing internationally and in India as changing from time to time, that are
generally accepted for use in generation of hydrogen gas by electrolysis of water using

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energy derived from renewable energy sources.

 “HAZOP” shall mean the hazard and operability study.

 “Hydrogen Distribution Network” shall mean the system of trunk and service
pipelines to be constructed, operated and maintained by CPCL at its own cost and
expense for receipt and transportation of Gaseous Green Hydrogen from the Delivery
Point to the Refinery or such other location as CPCL may deem fit.

 “Independent Consultant” shall mean a neutral third party having relevant

experience and expertise for discharging such obligations as may be entrusted to such
person and to be mutually appointed at the cost of BOO OPERATOR
 “Information” shall mean and include any and all facts, knowledge and information of
any nature whatsoever, whether written, oral, in electronic, magnetic and/or optical
form or otherwise, concerning the business, operations, prospects, finances, including
manuals, data, drawings, books, records, photographs, video recordings and
documents.
 “Interconnecting Pipelines” shall have the meaning assigned to such term in Clause
4.1.3.
 “CPCL Event of Default” shall have the meaning assigned to such term in Clause
31.5.1.

 “Land License Fee” shall have the meaning assigned to such term in Draft Land License
Agreement.

 “LCOH” shall mean the Levelized unit cost of Gaseous Green Hydrogen, which shall be
calculated considering the total cost viz., CAPEX, OPEX towards power & utilities
consumed, maintenance & repair, depreciation of assets, during the contractual period,
for the total Green Hydrogen produced during the Contractual period.
 “LCOO” shall mean the Levelized unit cost of Gaseous Oxygen produced while producing
Green Hydrogen from the Electrolyzer, which shall be calculated considering the
incremental cost over the total cost for Green Hydrogen production, on similar basis as
indicated in the definition of LCOH.

 “Material Adverse Effect” shall mean a material adverse effect of any act or event on
the ability of a Person to perform any of its obligations and which act or event causes
a material financial burden on such Person.
 “Maximum Permissible Scheduled Outage Time Period” shall mean the time period
wherein both CPCL and BOO OPERATOR mutually agrees for a scheduled period with an
advance notice.
 “Maximum Permissible Unscheduled Outage Time Period” shall have the meaning
assigned to such term in Clause 15.1.

 “MT” shall mean 1,000 (one thousand) kilograms.

 “Off-Spec” shall have the meaning assigned to such term in Clause 23.5.
 “Operation Guidelines” shall refer to the guidelines, quality parameters, required to
be adhered by BOO OPERATOR while discharging its obligations under this Agreement,
as set out under Schedule A.
 “Operational Readiness” shall have the meaning assigned to such term in Clause 11.2.
 “Operations Period” shall mean the date commencing from the First Delivery Date and
which shall be co-terminus with the Term of this Agreement.

 “OWS” shall mean the oily water separator

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 “Performance Security” shall have the meaning assigned to such term in Clause 9.1.

 “Permits” means all authorizations, consents, approvals, clearances, no objection

certificates, permissions, licenses, permits, registrations, rulings, exemptions or other
authorization of whatsoever nature, which is required to be obtained, procured or
maintained under Applicable Laws.
 “Product”/ “Products” shall mean Gaseous Green Hydrogen.
“Production Site” shall refer to a demarcated area within the Refinery Site,
to which BOO OPERATOR has been granted the right of access and use for the purpose
of execution of its obligations under this Agreement, the exact coordinates of which
will be provided during Site Visit/ Project execution.

 “Raw Water” shall refer to water used for generation of Demineralised water and post
treatment of raw water the same is used as service water, drinking water and used for
makeup of cooling towers and fire water network.

 “Refinery Shutdown” shall have the meaning assigned to such term in Clause 15.4.
 “Refinery Site” shall refer to CPCL Refinery located at Manali Town, Chennai of the State
of Tamil Nadu.
 “Regulatory Shutdown” shall have the meaning assigned to such term in Clause 15.7.
 “Relevant Authorities” shall mean any (a) Government; (b) Ministry of Petroleum &
Natural Gas; (c) Chief Controller of Explosives; (d) Petroleum and Explosive Safety
Organization; (e) other regulatory authority having jurisdiction in relation to the
activities contemplated under this Agreement as per Applicable Laws; and (f) non-
governmental agencies.
 “Renewable Energy” shall mean electrical energy sourced from solar/wind/hydro
power or pumped storage hydropower using renewable energy or any other renewable
energy plants owned and/or operated by BOO OPERATOR or by third parties used by
BOO OPERATOR for production of Gaseous Green Hydrogen at the GHGU.

 “Replacement Value” shall mean the replacement value of the GHGU as determined
by an independent consulting engineer mutually appointed by the Parties.
 “Right of First Refusal” shall have the meaning assigned to such term in Clause 20.2.
 “Sanctions” shall mean any economic sanctions laws, regulations, embargoes or
restrictive measures administered, enacted or enforced by any Governmental Authority
in (a) the Republic of India; (b) the United States government; (c) the United Nations;
(d) the European Union; (e) the United Kingdom; or (f) the respective
governmental institutions and agencies of any of the foregoing, including
without limitation, and Her Majesty’s Treasury.
 “Sanctions List” shall mean the “Specially Designated Nationals and Blocked Persons”,
Sectoral list issued by OFAC, the Consolidated List of Financial Sanctions Targets issued
by Her Majesty’s Treasury, or any similar list issued or maintained or made public by
any of the Sanctions Authorities.
 “Scheduled Delivery Date” shall refer to the date falling 24 (Twenty four) months
from the date of issue of NOA / Letter of Award

 “Scheduled Outage” shall mean a planned Shutdown of GHGU that has been duly
notified by BOO OPERATOR to CPCL in writing in advance for the purposes of undertaking
inspection, testing, corrective maintenance, repairs, replacement or improvement as the
case may be, together with any other maintenance measures that BOO OPERATOR
proposed to undertake at the GHGU in accordance with Good Industry Practice.

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 “Senior Lenders” shall mean the financial institutions, banks, multilateral lending
agencies, trusts, funds and agents or trustees of debenture holders, including their
successors and assignees, who have agreed to guarantee or provide finance to BOO
OPERATOR under any of the Financing Agreements and who hold pari-passu charge as
permitted under this Agreement.
 “Service Water” - Water used for multipurpose i.e. as make up water to Cooling tower,
maintenance of the unit including equipment & floor washing etc.
 “Shut Down” shall mean the time period during which there is complete stoppage of
delivery of Gaseous Green Hydrogen by BOO OPERATOR at the Delivery Point. The Shut
Down Period shall be deemed to have ended upon resumption of delivery of Gaseous
Green Hydrogen at the Delivery Point in accordance with the Operation Guidelines,
Specifications, Applicable Law and the terms of this Agreement.
 “Service Water” shall mean [definition to be inserted post discussion with CPCL
technical team].

 “Specifications” shall mean quality parameters, performance characteristics and

values that shall be required to be adhered to by Gaseous Green Hydrogen at the time
of delivery at the Delivery Point as specified under Schedule C.
 “Tax” shall mean any and all taxes, levies, imposts, duties, charges, deductions, cess,
surcharge or withholdings that are, or that are to be, imposed, levied, collected withheld
or assessed by either Government of India, state government of Tamil Nadu and/or any
local authority together with any and all interest, penalties, claims or other liabilities
arising under or relating hereto, including any applicable stamp duty and registration
charges.
 “Term” shall have the meaning assigned to such term in Clause 2.1.
 “Trial Operations” shall mean trial operations to be conducted by BOO OPERATOR in
order to establish that the GHGU has achieved Operational Readiness.

 “Utilities” shall mean collectively (a) Construction Power; (b) Construction Water; (c)
Drinking Water; (d) Fire Water; (e) Service Water; (f) Raw Water and (g) any other
utility as identified in the agreement.

 “Unscheduled Outage” shall mean an unplanned Shutdown of GHGU that has not been
scheduled in advance and notified by BOO OPERATOR to CPCL for the purposes of
performing works on specific components, which should not, in the opinion of BOO
OPERATOR, be postponed until the next Scheduled Outage but shall exclude Scheduled
Outage.
 “BOO OPERATOR Event of Default” shall have the meaning assigned to such term in
Clause 31.1.1.

1.2. Principles of Interpretation

1.2.1. In this Agreement, unless the context otherwise requires,

(a) reference to a “judgment” includes any order, injunction, determination,

decree or other judicial or arbitral tribunal measure in the applicable
jurisdiction in India which is final and binding;

(b) reference to a “law” includes all Applicable Laws and any decree,
judgment, legislation, direction, order, ordinance, regulation, bye-law,
statute, notification, circular, guideline, rule, statutory instrument or
other legislative measure, with which any party is required to comply by
law (and “lawful” and “unlawful” shall be construed accordingly);

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(c) references in the singular shall include references in the plural and vice versa;

(d) a reference to a “day” means a calendar day and a reference to a year

means a Financial Year;

(e) references to a particular Clause, paragraph, sub-paragraph, Schedule or

Attachment shall, except where the context otherwise requires, be a
reference to that Clause, paragraph, sub- paragraph or Schedule to this
Agreement;

(f) terms defined in the Schedules hereto shall have the meanings ascribed
thereto in the Schedules when used elsewhere in this Agreement;

(g) any reference to any agreement, deed, instrument, license, code or other
document of any description shall be construed, at the particular time, as
a reference to that agreement, deed, instrument, license code or other
document as the same may then have been amended, varied,
supplemented, modified, suspended or novated;

(h) the words “written” and “in writing” includes a facsimile transmission and
any means of reproducing words in a tangible and permanently visible
form with confirmation of the transmission;

(i) the words “include” and “including” are to be construed without limitation;

(j) in the event of conflict or inconsistency among the standards or codes

stipulated in Applicable Laws and those stipulated under this Agreement,
the more stringent of such standards or codes shall apply. Provided that
should the Relevant Authorities require compliance with standards and
codes that are less stringent than international standards, the Indian
standards and codes shall apply (subject to furnishing of documentary
evidence of such requirement from the Relevant Authorities);

(k) the Clauses and the Schedules are to be interpreted in a harmonious

manner. However, in case of any ambiguity or discrepancy between the
Clauses and the Schedules, the Clauses shall prevail;

(l) if any payments due hereunder become payable on a day when principal
commercial banks in India are closed for business or a day which is
declared a holiday, such payments shall be deemed due and payable on
the next business day thereafter;

(m) the table of contents, headings or sub-headings in this Agreement are for
convenience of reference only and shall not be used in, and shall not affect,
the construction or interpretation of this Agreement;

(n) any reference to any period of time shall mean a reference to that
according to Indian Standard Time;

(o) any reference to “hour” shall mean a period of 60 (sixty) minutes

commencing either on the hour or on the half hour of the clock, which
by way of illustration means 5.00 (five), 6.00 (six), 7.00 (seven) and so
on being hours on the hour of the clock and 5.30 (five thirty), 6.30 (six
thirty), 7.30 (seven thirty) and so on being hours on the half hour
of the clock;

(p) reference to a “business day” shall be construed as a reference to a day

(other than a Sunday and Public Holidays as declared by the State of Tamil
Nadu) on which banks in the State of Tamil Nadu are generally open for
business;

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(q) references to any date, period or project milestone shall mean and include
such date, period or project milestone as may be extended pursuant to
this Agreement;

(r) any reference to any period commencing “from” a specified day or date
and “till” or “until” a specified day or date shall include both such days or
dates; provided that if the last day of any period computed under this
Agreement is not a business day, then the period shall run until the end
of the next business day;

(s) references to any gender shall include the other and the neutral gender;

(t) “lakh” means a hundred thousand (100,000) and “crore” means ten
million (10,000,000);

(u) the Schedules and Recitals to this Agreement form an integral part of this
Agreement and shall be in full force and effect as though they were expressly
set out in the body of this Agreement;

(v) references to Recitals, Articles, Clauses, Sub-clauses, Provisos or Schedules in

this Agreement shall, except where the context otherwise requires, mean
references to Recitals, Articles, Clauses, Sub-clauses, Provisos and Schedules of
or to this Agreement; reference to an Annex shall, subject to anything to the
contrary specified therein, be construed as a reference to an Annex to the
Schedule in which such reference occurs; and reference to a Paragraph shall,
subject to anything to the contrary specified therein, be construed as a reference
to a Paragraph of the Schedule or Annex, as the case may be, in which such
reference appears; and

(w) time shall be of the essence in the performance of the Parties’ respective
obligations. If any time period specified herein is extended, such extended time
shall also be of the essence.

1.2.2. The rule of construction, if any, that a contract should be interpreted against the parties
responsible for the drafting and preparation thereof, shall not apply.

1.2.3. Any word or expression used in this Agreement shall, unless otherwise defined or
construed in this Agreement, bear its ordinary English meaning and, for these purposes,
the General Clauses Act, 1897 shall not apply.

1.3. Measurements and arithmetic conventions

1.3.1. All measurements and calculations shall be in the metric system and calculations done to
2 (two) decimal places, with the third digit of 5 (five) or above being rounded up and
below 5 (five) being rounded down.

a) “Normal Cubic Meter" or "Nm3" used as a measure of Gaseous Green Hydrogen

means that quantity of Gaseous Hydrogen which in gaseous form would occupy
a volume of one cubic meter at 0 degrees’ Celsius temperature and 1 atmospheric
pressure (equal to 1.0133 bar and
b) 273.13-degree K. Such quantity is herein referred to as "Normal Cubic Meter" or
"Nm3".
c) “Nm3/h" used as a measure of Gaseous Green Hydrogen shall mean an
instantaneous rate of flow which would be equivalent to one (1) Nm3 if continued
for a one (1) hour period at required pressure. The normal condition in Nm3
refers to zero degree Celsius and 1.01325 bar absolute pressure.
d) “Kg/hr”- used as a measure of Gaseous Green Hydrogen shall mean an

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instantaneous rate of flow which would be equivalent to one (1) Kilogram of

Gaseous Green Hydrogen if continued for one (1) hours period at required
pressure
e) “Tonne" used as a measure of Gaseous Green Hydrogen, means 1000 Kg of
Gaseous Green Hydrogen.
f) “Tonne/hr (T/h)" used as a measure of Gaseous Green Hydrogen shall mean an
instantaneous rate of flow which would be equivalent to one (1) Tonne of Gaseous
Green Hydrogen if continued for one (1) hours period at required pressure.
g) “Pressure” means the pressure (gauge pressure) of the Products and Utilities.

1.4. Damages
The damages payable by either Party to the other of them, as set forth in this Agreement,
whether on per diem basis or otherwise, are mutually agreed genuine pre-estimated loss
and damage likely to be suffered and incurred by the Party entitled to receive the same
and are not by way of penalty (the “Damages”).

2. TERM

2.1. This Agreement shall be valid for a period of 25 (twenty-five) years from the First
Delivery Date unless this Agreement is terminated earlier in accordance with the terms
of this Agreement or extended by the Parties. (“Term”).

3. CONDITIONS PRECEDENT AND EFFECTIVENESS

3.1. The terms and conditions of this Agreement shall only become exercisable upon
satisfaction of the conditions precedent as set out in Part A of Schedule D by BOO
OPERATOR and conditions precedent as set out in Part B of Schedule D by CPCL, within
a period of 60 (sixty) days from the Date of Award/ Execution Date (“CP Long Stop
Date”), unless waived in terms of Clause 3.4.

3.2. BOO OPERATOR shall take all commercially reasonable steps to fulfil the BOO OPERATOR
Conditions Precedent, and upon the fulfilment (or waiver by CPCL) of all the BOO
OPERATOR Conditions Precedent, BOO OPERATOR shall provide a written confirmation
of the same accompanied with duly authenticated or certified copies of all the necessary
documents evidencing such fulfilment or waiver, as the case may be (“BOO OPERATOR
CP Completion Notice”). Upon receipt of BOO OPERATOR CP Completion Notice, CPCL
shall verify such fulfilment of the Conditions Precedent and, within 3 (three) days from
the date of receipt of the BOO OPERATOR CP Completion Notice, CPCL shall notify BOO
OPERATOR, in writing, of its satisfaction or dissatisfaction with the same, or of waiving
the fulfilment of any BOO OPERATOR Conditions Precedent, and shall deliver to BOO
OPERATOR, a written notice of confirmation of completion and/or waiver of the BOO
OPERATOR Conditions Precedent (“CPCL CP Satisfaction Letter”). In the event CPCL
notifies BOO OPERATOR of its dissatisfaction, BOO OPERATOR shall take all commercially
reasonable steps to complete the incomplete BOO OPERATOR Conditions Precedent
within 15 (fifteen) days of receipt of such notice and shall provide to CPCL, all requisite
documents evidencing fulfilment of such BOO OPERATOR Conditions Precedent.

3.3. CPCL shall take all commercially reasonable steps to fulfil the CPCL Conditions
Precedent, and upon the fulfilment (or waiver by BOO OPERATOR) of all the CPCL
Conditions Precedent, CPCL shall provide a written confirmation of the same
accompanied with duly authenticated or certified copies of all the necessary documents
evidencing such fulfilment or waiver, as the case may be (“CPCL CP Completion Notice”).
Upon receipt of CPCL CP Completion Notice, BOO OPERATOR shall verify such fulfilment
of the Conditions Precedent and, within 3 (three) days from the date of receipt of the
CPCL CP Completion Notice, BOO OPERATOR shall notify CPCL, in writing, of its
satisfaction or dissatisfaction with the same, or of waiving the fulfilment of any CPCL
Conditions Precedent, and shall deliver to CPCL, a written notice of confirmation of
completion and/or waiver of the CPCL Conditions Precedent (“BOO OPERATOR CP

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Satisfaction Letter”). In the event, BOO OPERATOR notifies CPCL of its dissatisfaction,
CPCL shall take all commercially reasonable steps to complete the incomplete CPCL
Conditions Precedent within 15 (fifteen) days of receipt of such notice and shall provide
to BOO OPERATOR, all requisite documents evidencing fulfilment of such CPCL
Conditions Precedent.

3.4. BOO OPERATOR may, in its sole discretion waive any CPCL Conditions Precedent, by
notice, in writing to CPCL, either on its own motion or upon a request of the other Party
(with such waiver request being tendered in writing); or (ii) CPCL may waive any BOO
OPERATOR Conditions Precedent, by notice, in writing to BOO OPERATOR, either on its
own motion or upon a request of the other Party (with such waiver request being
tendered in writing).

3.5. The day on which the BOO OPERATOR Conditions Precedent and CPCL Conditions
Precedent have been satisfied or waived in accordance with the terms hereof, shall be
the date of effectiveness of this Agreement (“Effective Date”).

3.6. This Agreement shall automatically stand terminated in the event that CPCL and BOO
OPERATOR have respectively failed to satisfy CPCL Conditions Precedent and BOO
OPERATOR Conditions Precedent within the CP Long Stop Date, unless the Parties
mutually agree to extend such date.

4. OBLIGATIONS OF BOO OPERATOR

4.1. Subject to the terms of this Agreement, BOO OPERATOR shall be obligated to:

4.1.1. design, build, finance, test, commission, own, operate and maintain the GHGU at the
Production Site on or prior to the Scheduled Delivery Date in accordance with Applicable
Laws, Operation Guidelines, Good Industry Practice and the terms of this Agreement;

4.1.2. sell Gaseous Green Hydrogen to CPCL at the Delivery Point corresponding to the Annual
Guaranteed Offtake Quantity in accordance with the Operation Guidelines, Specifications
and other terms and clauses of this Agreement; Green Hydrogen offtake shall be verified
on annual basis from the time of Scheduled Delivery Date.

4.1.3. install, own, operate and maintain during the Term of this Agreement, pipelines,
equipment, fixtures and other ancillary systems from the GHGU upto the Delivery Point
(“Interconnecting Pipelines”) at its own cost and expense, in accordance with the
terms of this Agreement. For the avoidance of doubt, it is expressly clarified that the
Interconnecting Pipelines shall always remain the property of BOO OPERATOR during
the Term of this Agreement;

4.1.4. synchronize and interface the Interconnecting Pipelines with CPCL’s Hydrogen
Distribution Network at its own cost and expense. In particular, BOO OPERATOR shall
be obligated to ensure that the GHGU/Interconnecting Pipelines are designed and
constructed in such a manner that they are compatible with CPCL’s Hydrogen
Distribution Network; Construction and commissioning of new Hydrogen headers upto
respective tie-ins shall be in BOO operator scope.

4.1.5. ensure that the Gaseous Green Hydrogen delivered is in compliance with the
Specifications and promptly undertake suitable remedial measures in the event BOO
OPERATOR has delivered Off-Spec Gaseous Green Hydrogen;

4.1.6. obtain necessary Permits from time to time, in accordance with Clause 8 for discharge
of its obligations under this Agreement;

4.1.7. comply with the provisions of applicable laws while discharging its obligations under this
Agreement;

4.1.8. Deleted

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4.1.9. not create any Encumbrance over the Production Site or sub-let whole or any portion of
the Production Site in violation of the terms and conditions of this Agreement;

4.1.10. Not assign or sub-contract its obligations arising under and pursuant to this Agreement
to any third party in violation of the terms of this Agreement;

4.1.11. use components or equipment complying with approved or minimum technical standards
at the Production Site as per the terms of this Agreement, Bureau of Indian Standards
and provisions of Applicable Laws.

4.1.12. undertake necessary arrangements for the development of the Production Site in
accordance with Clause 6.1;
4.1.13. install meters for measuring of Gaseous Green Hydrogen or any other Utility in
accordance with Clause 22 of this Agreement and also maintain, repair and replace such
meters throughout the Term of this Agreement in accordance with Clause 13;

4.1.14. share with CPCL, from time to time, relevant data as may be requested by CPCL;

4.1.15. obtain permission from CPCL prior to undertaking any modification of the GHGU;

4.1.16. undertake operation, maintenance, repair and overhaul of the GHGU during the
Operations Period in accordance with Clause 14, Operation Guidelines, Applicable Laws
and Good Industry Practices;

4.1.17. employ personnel having the requisite qualifications and expertise for the operation of
the GHGU;

4.1.18. ensure that under no circumstances shall the employees / workers engaged by BOO
OPERATOR be deemed to be employees of CPCL directly or indirectly. Further BOO
OPERATOR shall ensure that its employees /workers shall not raise claims on CPCL or
on the Government for being recognized as CPCL’s employees;

4.1.19. ensure storage and handling of hazardous waste, chemicals, catalyst, adsorbents, spent
catalyst within the Production Site is undertaken in accordance with the terms of this
Agreement, Operation Guidelines, Good Industry Practices and Applicable Laws;

4.1.20. discharge its obligations in a manner which promotes health, safety, security and
environment in accordance with Clause 33;

4.1.21. develop a quality management plan which shall set out in detail such processes,
procedures, controls, guidelines so as to ensure that the GHGU is operated in optimal
working condition (“Quality Management Plan”). Further, BOO OPERATOR shall have a
continuing obligation to implement the Quality Management Plan during the Term; and

4.1.22. obtain and maintain or cause to be obtained and maintained, at its own cost and
expense, throughout the Term of the Agreement, adequate insurance coverage against
all risks, damages, and losses related to the GHGU or any other liability arising on
account of applicable law in accordance with Clause 29.

4.1.23. Design, build, finance, test, commission of the identified headers (Hydrogen ) from
GHGU battery limit to CPCL Manali Refinery as per the identified tie in locations for the
respective service.

4.1.24. Deleted

4.1.25. Design, build, finance, test, commission and use the networks required for Construction
power and Construction water

4.1.26. BOO operator to source renewable power either from their own Renewable energy power
plants or purchase renewable energy from third party Renewable Energy (RE) power

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producer and arrange to import power to site for generating Gaseous Green Hydrogen
for generating the annual green Hydrogen quantity of 2,000 MT as details given below
in Clause No. 4.1.27.
4.1.27. BOO operator to import power through independent 220KV or above transmission line
connected to STU or CTU. Development of entire OSBL infrastructure as well as ISBL
infrastructure including necessary liaising with concerned central, state & regulatory
authorities, obtaining of statutory & regulatory clearances, open access charges,
transmission charges, demand charges, etc. as applicable for ensuring successful
erection, commissioning & operation of the power import facility for 2 KTA Green
Hydrogen Unit shall be in the scope of BOO Operator" The transmission line
infrastructure should be double circuit 220 KV or above having capacity of 320 MVA or
above. The spare capacity of the line should be kept exclusively for CPCL future use.
Necessary support required for use of spare capacity by CPCL shall be extended
by BOO operator.

4.1.28. 220 KV ISBL substation should be indoor type GIS. All ISBL switchgear of 33 KV or
above shall be of indoor type GIS. All downstream connection shall be through GIB, Bus
duct or Cable. All ISBL switchgear installation shall be indoor type.

4.1.29. It shall be BOO OPERATOR’s responsibility to provide the supporting documents from
RLDC/SLDC in the form of records of injection and drawl of renewable power for its
usage in GHGU unit during the billing period. All invoices shall be accompanied by such
supporting documents failing which payments will not be released.

4.1.30. No Hydrogen storage shall be allowed inside the Refinery premises. Accordingly, BOO
operator to ensure necessary provisions in upstream Renewable Power supply. Vendor
to supply Gaseous Green Hydrogen at specified pressure without any pressure
fluctuation. H2 storage meant for purifiers or compressors, or other equipment purpose
is allowed. Bidder may consider Hydrogen storage outside Refinery premises subject to
compliance to all applicable statutory regulation, laws & standards. Bidder may consider
the battery energy storage systems within GHGU complex subject to compliance to all
applicable statutory regulation, laws & standards.

4.1.31. Land is suitable to start construction work. All required site enabling jobs for construction
shall be in the scope of BOO operator.

5. OBLIGATIONS OF CPCL

5.1. Subject to the terms and conditions of this Agreement, CPCL is hereby obligated to:
5.1.1. within 30 (thirty) days from the Effective Date, hand over possession of the Production
Site on an ‘as-is-where-is’ basis to BOO OPERATOR;

5.1.2. Deleted

5.1.3. purchase Gaseous Green Hydrogen corresponding to the Guaranteed Quantity at the
Delivery Point, subject to and in accordance with the terms of this Agreement;

5.1.4. design, build, finance, own, operate and maintain the Hydrogen Distribution Network;

5.1.5. obtain and keep renewed from time to time, the Environment Clearance (if applicable);

5.1.6. make available Construction power and construction water on chargeable basis to BOO
OPERATOR at the Designated Terminal Point, subject to and in accordance with the
terms of this Agreement;

5.1.7. discharge its obligations under this Agreement in accordance with applicable law; and

5.1.8. pay all undisputed monthly bills and invoices raised by BOO OPERATOR under the
provisions of this Agreement by the due date for such payment, in accordance with the

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terms of this Agreement.

6. PRODUCTION SITE

6.1. Subject to the terms of this Agreement, CPCL grants BOO OPERATOR the right during the
Term to occupy the Production Site on an ‘as-is-where-is’ basis and to have quiet and
uninterrupted possession and enjoyment of the Production Site for the sole purpose of
enabling BOO OPERATOR to build and install the GHGU at the Production Site and to
observe and perform its obligations and liabilities under this Agreement. In addition, CPCL
and/or its authorized representative will have the right to monitor and review BOO
OPERATOR’s implementation plan and progress thereof

The production site on 'as is where is basis' is granted to the BOO Operator by way of a
separate deed of license and the parties shall be governed and bound by the terms and
conditions contained therein.

The quality and specification of the Gaseous Green Hydrogen to be specified by way of an
Schedule C.

6.2. BOO OPERATOR confirms and acknowledges that it has visited the Production Site prior
to the Execution Date and has undertaken adequacy and suitability of the Production Site
for setting up of the Production Site (including soil conditions, climate and weather
patterns). Further BOO OPERATOR hereby agrees and releases CPCL, its officers,
directors, employees, agents, representatives, advisers etc., irrevocably, unconditionally,
fully and finally from any and all liability, damages, indemnification etc. for claims, losses,
damages, costs, expenses or liabilities in any way related to or arising from the Production
Site, the condition thereof, the sustainability and adequacy of the Site for undertaking
the development of the GHGU.

6.3. Within 30 (thirty) days from the Effective Date, CPCL shall hand over possession of the
Production Site on an ‘as-is-where-is’ basis to BOO OPERATOR

6.4. BOO OPERATOR agrees that it shall at its own cost and expense undertake the following
activities at the Production Site:

6.4.1. clearing, levelling, and grading;

6.4.2. setting up adequate facilities for lighting as well as drainage of surface and rain water
from the Production Site;

6.4.3. cutting down of any trees at the Production Site; and

6.4.4. establishing necessary fencing and security arrangement around the battery limits of
the Production Site to control access of authorized persons during the Term of this
Agreement. BOO OPERATOR, at its sole cost and expenses shall obtain and maintain all
requisite statutory clearances including all central, state or local permits. BOO
OPERATOR shall also obtain Licenses and authorizations for construction and operation
of the Production Plant. CPCL shall provide assistance to BOO OPERATOR whenever
necessary to obtain statutory clearances.

6.5. CPCL shall, at its own cost and expense, provide a clear approach to the Production Site
of certain dimensions such that it shall be suitable for facilitating movement of tractor,
tanker, trucks, cranes, construction plant and equipment, etc., at the time of handing
over of physical possession of the Production Site to BOO OPERATOR. Notwithstanding
the foregoing, it is expressly stated that BOO OPERATOR shall be solely responsible for
the laying down of any roads/access routes within the Production Site.

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6.6. Within 30 (thirty) days from the date on which possession of the Production Site is handed
over to BOO OPERATOR, BOO OPERATOR shall perform HAZOP with respect to the GHGU
(including the battery limit interfaces of the GHGU). HAZOP schedule to be mutually
discussed and agreed post award. CPCL may participate in the HAZOP study. Report of
the same shall be submitted to CPCL for its comments. Any comments provided by CPCL
in accordance with the terms of the Agreement with respect to the HAZOP report shall
be binding on BOO OPERATOR and it shall be the sole responsibility of BOO OPERATOR
to incorporate CPCL’s comments, if any. No review and/or observation of CPCL and/or its
failure to review and/or convey its observations on the HAZOP report shall relieve BOO
OPERATOR of its obligations and liabilities under this Agreement in any manner nor shall
CPCL be liable for the same in any manner whatsoever.

6.7. BOO OPERATOR acknowledges that there are significant risks associated with generation
of Gaseous Green Hydrogen at the Production Site and agrees and undertakes that it
shall ensure adequate safety precautions at the Production Site as required under
Applicable Laws, Operation Guidelines, the terms of this Agreement and Good Industry
Practices so as to prevent and minimize occurrence of any hazards associated with
generation, pressurization, handling, transportation and delivery of Gaseous Green
Hydrogen to CPCL at the Delivery Point.

6.8. BOO OPERATOR shall ensure that the Production Site shall not be used for the purpose of
parking of trucks/tankers/other delivery vehicles. However, trucks/tankers/other delivery
vehicles shall be allowed to enter the Production Site, after procuring prior permission of
CPCL, for the limited purpose of unloading of necessary inventory for construction,
operation, maintenance of the GHGU and for third party sale of hydrogen & Oxygen.
BOO OPERATOR agrees that it shall not undertake maintenance, repair and overhaul of
trucks/tankers/other delivery vehicles within the Production Site.

6.9. BOO OPERATOR agrees and undertakes that during the Term, the Production Site shall
be solely utilized by BOO OPERATOR for the purposes of discharging its obligations under
this Agreement and that BOO OPERATOR shall not be entitled to undertake any other
activity (commercial or otherwise) within the Production Site. CPCL will hold BOO
OPERATOR harmless from and against liens and claims against the Production Plant due
to its location on CPCL's premises. BOO OPERATOR will take adequate safety precautions,
as required, for any hazards associated with Hydrogen gas production, storage,
pressurization and transportation up to delivery point

6.10. Further, BOO OPERATOR agrees and acknowledges that it shall comply with additional
terms and conditions in relation to the Production Site as set out under Draft Land
License Agreement.

7. RIGHT OF WAY

7.1. Subject to the provisions of this Agreement, CPCL hereby grants BOO OPERATOR and its
employees, agents, contractors and sub-contractors, right of way and right of access to
the Production Site for the Term, for the sole purpose of enabling BOO OPERATOR to
discharge its obligations under this Agreement. For the avoidance of doubt, it is clarified
that no separate levy or charges would be payable by BOO OPERATOR in relation to the
provision of such right of way and right of access to BOO OPERATOR and its employees,
agents, advisors to the Production Site.

7.2. BOO OPERATOR agrees that its right to access the Production Site shall always be subject
to any existing rights of way.

7.3. BOO OPERATOR shall ensure that while accessing the Production Site its
agents, employees, contractors, subcontractors, shall at all times ensure strict
compliance with (i) safety and other norms prescribed by CPCL from time to time;
(ii) Operation Guidelines (iii) Permits; and (iii) Applicable Law.

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7.4. BOO OPERATOR shall ensure that accessing of the Production Site by its agents,
employees, contractors and sub-contractors does not interrupt/disrupt the operations of
the Refinery or interfere with the smooth, safe and efficient circulation of traffic in and
around the Refinery. CPCL shall be entitled to issue necessary directions to BOO
OPERATOR to ensure that accessing of the Production Site by BOO OPERATOR and its
agents, employees, contractors and sub-contractors do not hinder operations of the
Refinery. In the event that BOO OPERATOR fails to comply with such directions, CPCL
shall be entitled to revoke BOO OPERATOR’s right of way and right of access to the
Production Site.

8. PERMITS

8.1. BOO OPERATOR shall procure and keep, in full force and effect throughout the Term, such
Permits as may be required for discharge of its obligations under this Agreement
(including but not limited to licenses/permits prescribed under Factories Act, 1948,
Explosives Act, 1884, Environment Protection Act, 1986, as may be applicable) provided
that BOO OPERATOR shall not be required to obtain/maintain environment clearance from
the Ministry of Environment, Forest and Climate Change, Government of India in relation
to the Production Site. In the event that such Permits have been issued subject to
conditions, then BOO OPERATOR shall, at all times comply with all such conditions.

8.2. Without prejudice to the generality of the foregoing clause, BOO OPERATOR shall procure
and ensure that it obtains and maintains, at all times, all Permits, clearances,
registrations, certifications, consents, standards etc. required to ensure that operation
and functioning of the GHGU is compliant with applicable statutory requirements. Further,
BOO OPERATOR undertakes that it shall share soft copies of all such Permits with CPCL
for its record purposes within 7 (seven) days of grant of such approvals by the Relevant
Authorities.

8.3. CPCL shall, on a best endeavor basis, provide necessary support to BOO OPERATOR for
obtaining the Permits subject to receipt of relevant application duly completed by BOO
OPERATOR.

8.4. The provisions of Clauses 8.1 and 8.2 shall apply, mutatis mutandis, to the renewal of
Permits until termination of this Agreement.

9. PERFORMANCE SECURITY

9.1. BOO OPERATOR shall submit a performance bank guarantee, issued by a scheduled
commercial bank in India, in the format set out under Schedule E, for an amount equal
to 1% of the project cost (Project cost = LCOH x Annual Capacity x 7.5), drawn in favour
of CPCL and payable at [insert] subject to and in accordance with the terms of this
Agreement (“Performance Security”).

9.2. Utilization of Performance Security

9.2.1. Without prejudice to any other right or remedy available to CPCL hereunder or under
Applicable Laws, Subject to the BOO Operator's total liability under this Agreement, CPCL
shall be entitled, at any time, to utilize the Performance Security, inter alia:

(a) as re-imbursement for any costs incurred by CPCL in making good any
damage caused, or permitted to be caused, to CPCL, or any part of the
Refinery Site, by any act or omission of BOO OPERATOR to the extent that
CPCL and/or BOO OPERATOR are unable to recover such costs under
insurance policies where CPCL is the beneficiary; and/or

(b) in order to recover any liquidated damages payable to CPCL by BOO

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OPERATOR under this Agreement; and/or

(c) as indemnification for any loss resulting from a breach, by BOO OPERATOR,
of any of the terms and conditions under this Agreement; and/or

(d) to set-off any amount due and payable (and not paid within 7 (seven) days
of such amount becoming due) under this Agreement by BOO OPERATOR to
CPCL after providing prior written notice to the BOO OPERATOR."

9.3. Validity
9.3.1. The Performance Security shall remain valid and in full force for a period of 3 (months)
months after the first delivery date of the product.

9.4. Replenishment of Performance Security

9.4.1. In the event the value of the Performance Security is reduced to 90% (ninety percent)
or lower of the original value, due to any invocation or utilization thereof, BOO
OPERATOR shall be obligated to replenish the Performance Security equal to the original
monetary value of the Performance Security, within a period of 7 (seven) days from the
date on which the value of Performance Security becomes 90% (ninety percent) or lower
of the original value.

9.5. No payment of interest on Performance Security

9.5.1. BOO OPERATOR agrees and acknowledges that CPCL shall not be liable to pay any
interest to BOO OPERATOR on the Performance Security.

9.6. Return of Performance Security

9.6.1. In the event of termination of this Agreement, CPCL shall return to BOO OPERATOR,
Performance Security after adjustment of any outstanding amounts payable to CPCL
(including, without limitation, any outstanding claims of CPCL against BOO OPERATOR).

10. CONSTRUCTION

10.1. BOO OPERATOR shall be obligated to complete construction, installation, testing and
commissioning of the GHGU on or prior to the Scheduled Delivery Date.

10.2. Within 30 (thirty) days from the Effective Date, BOO OPERATOR shall submit to CPCL (i)
a construction schedule which shall set out in detail, construction milestones of the GHGU
(“Construction Schedule”); (ii) design and technical drawings of the Production Site;
(iii) construction methodology, quality assurance procedures, manner of
procurement, engineering and construction strategy to be deployed by BOO
OPERATOR in respect of the GHGU. While developing the aforementioned
documents, BOO OPERATOR shall endeavor to maximize: (i) coordination and
integration between the operations of the GHGU and the Refinery;
(ii) design fit between the Interconnecting Pipelines and the Hydrogen Distribution
Network; (iii) harmony of the GHGU with the surrounding environment; and (iii) efficiency
and output of the GHGU.

10.3. Within 30 (thirty) days of the receipt of the aforementioned documents, CPCL shall review
the same and convey its observations to BOO OPERATOR. If the aforesaid observations
of CPCL indicate that the documents as submitted by CPCL under and pursuant to Clause
10.2 require revision, BOO OPERATOR shall undertake such revisions and
resubmit such documents to CPCL for its approvals.

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10.4. For the avoidance of doubt, no review and/or observation of CPCL and/or its failure to
review and/or convey its observations on the documents submitted by BOO OPERATOR
under Clause 10.2 shall relieve BOO OPERATOR of its obligations and liabilities under
this Agreement in any manner nor shall CPCL be liable for the same in any manner
whatsoever.

10.5. In relation to the construction of the GHGU, BOO OPERATOR agrees and undertakes that
it shall:

10.5.1. procure and ensure that accommodations for labour for the purposes of construction of
the GHGU shall comply with Applicable Laws and Good Industry Practices.

10.5.2. provide, furnish and perform all necessary design, engineering, procurement, supplies,
installation, erection, construction for the GHGU;

10.5.3. provide all necessary and sufficient equipment, furniture, materials, items, supplies,
sewage, waste disposal, infrastructural facilities for staff (such as washrooms, rest
areas, etc.), power and fuel and experienced personnel having the requisite expertise
for the above purpose;
10.5.4. procure all necessary Permits, approvals, certifications, etc., from Relevant Authorities
for the construction, testing and commissioning of the GHGU; and
10.5.5. maintain suitable standards of hygiene, cleanliness and sanitation in the Production Site,
and encourage and enable the same within the staff at the Production Site.

10.6. BOO OPERATOR shall perform all of its obligations and responsibilities using due care and
diligence in a professional manner, using sound engineering and design principles and
project management and supervisory procedures and in accordance with Good Industry
Practice such that besides complying with every requirement and obligation set forth in
this Agreement and Applicable Law, the GHGU is fit for the intended purpose.

10.7. BOO OPERATOR shall ensure that the works undertaken pursuant to this Agreement
comprise only materials and goods which are of sound and merchantable quality,
manufactured and prepared in accordance with Applicable Law and that all workmanship
shall be in accordance with Applicable Law, Good Industry Practice and the terms of this
Agreement. It is clarified that CPCL shall, at its own cost, expense and risk, construct the
Hydrogen Distribution Network of CPCL and shall be responsible for extending the same
upto the Delivery Point. The Hydrogen Distribution Network shall always remain the
property of CPCL during the Term. Construction and commissioning of new Hydrogen
headers upto respective tie-ins shall be in the scope of BOO operator

10.8. It is clearly understood between the Parties that BOO OPERATOR shall be solely
responsible for the completion of the GHGU on or prior to the Scheduled Delivery Date
and for its successful, sustained operation and maintenance during the Term. Further,
it is expressly clarified that BOO OPERATOR shall be solely responsible for synchronizing
and interfacing of the GHGU/Interconnecting Pipelines with the Hydrogen Distribution
Network.

10.9. Expansion of the GHGU

10.9.1. BOO OPERATOR may, at its own cost and expense, undertake capacity addition and
expansion of the GHGU, from time to time. Prior to undertaking any such expansion of
the GHGU, BOO OPERATOR shall be required to obtain approval of the same from CPCL.
Upon augmentation of the capacity of the GHGU, BOO OPERATOR shall be obligated to
comply with the provisions of the Clause 20.

10.9.2. The provisions of this Agreement including Clauses 10 and 11, insofar as they relate to

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construction, testing and commissioning, shall apply, mutatis-mutandis, to such

expansion of the GHGU.

10.9.3. "BOO OPERATOR may change the technology or type or configuration of Electrolyzer
and/or renewable power generation plant and/or energy storage system during
contractual period with the consent of CPCL and without any additional financial impact.
However, such changes will be allowed by CPCL with adequate justification submitted
by BOO OPERATOR along with the proposal for new technology. Further, such changes
in technologies to be mutually beneficial and BOO OPERATOR should reduce the LCOH
in such cases with mutual consent. Accordingly, BOO OPERATOR will pass the 50%
benefit to CPCL by way of reducing LCOH to that extent for the balance contractual
period. During such upgradation in Electrolyzer technology, BOO OPERATOR is allowed
to non-supply of Green Hydrogen to the extent of the Maximum Permissible Scheduled
Outage Time Period only. Balance time, liquidated damages as per Clause no: 25 is
admissible”.

10.10. Damage/Disruption to Refinery

10.10.1. BOO OPERATOR shall undertake construction or expansion of the GHGU, in a manner
such that there is minimal interference with or disruption of the operations of the
Refinery. BOO OPERATOR agrees and undertakes that it shall indemnify, defend and
hold CPCL, harmless in respect of any loss, expense, cost, claims, penalties, proceedings
arising out of any disruption caused to the operations of the Refinery on account of BOO
OPERATOR.
10.10.2. BOO OPERATOR shall ensure that any existing structures, utilities, installations, etc., at
the Refinery Site are not damaged due to construction or expansion of the GHGU. BOO
OPERATOR agrees and undertakes that it shall indemnify, defend and hold CPCL
harmless in respect of any loss, expense, cost, claims, penalties, proceedings in relation
to any damage caused to existing structures, utilities, installations, etc., at the Refinery
Site.

11. TESTING AND COMMISSIONING

11.1. Upon completion of construction of the GHGU, BOO OPERATOR shall carry out Trial
Operations in relation to the GHGU in the presence of the Independent Consultant in
order to establish that the GHGU has achieved Operational Readiness. All costs incurred
in connection with such Trial Operations shall be to the account of BOO OPERATOR.
Appointment of independent consultant in consultation with CPCL is in BOO Contractor
scope without any additional price implications.

11.2. The GHGU shall be said to achieve “Operational Readiness” when it shall have satisfied
each of the following conditions (i) the GHGU is capable of delivering Gaseous Green
Hydrogen at the Delivery Point at the Gaseous Green Hydrogen Base Rate ~ 18 Ton,
in accordance with the Specifications and Applicable Law for an uninterrupted period
of seventy-two (72) hours (ii) the GHGU/Interconnecting Pipelines have been
synchronized/interfaced with the Hydrogen Distribution Network; (iii) the GHGU is safe
and fit for commercial operations; and (iv) necessary Permits have been obtained by
BOO OPERATOR for discharge of its obligations under this Agreement.

11.3. The Parties agree that CPCL or its representatives shall have the right to be present
during the Trial Operations and satisfy themselves that the Trial Operations are being
carried out in accordance with Good Industry Practices.

11.4. In the event that CPCL or the Independent Consultant is not satisfied with the aforesaid
Trial Operation Activities not being carried out in accordance with the requirements of

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this Agreement or that the BOO OPERATOR has not adequately demonstrated that the
GHGU has achieved Operational Readiness, CPCL and/or the Independent Consultant
shall have the right to require that such Trial Operation be re- performed at the cost
and risk of BOO OPERATOR.

11.5. Upon determining that the GHGU has achieved Operational Readiness as per provisions
given under clause 11.2, the CPCL / Independent Consultant shall issue a certificate to
BOO OPERATOR certifying the same (“Certificate of Operational Readiness”). The
date on which the CPCL / Independent Consultant shall issue the Certificate of
Operational Readiness shall be the date when the GHGU shall be deemed to have been
“Commissioned”.

11.6. In the event that the GHGU is Commissioned prior to the Scheduled Delivery Date, CPCL,
may in its sole discretion, agree to receive delivery of the Products at the Delivery Point
on a date which is prior to the Scheduled Delivery Date.

11.7. In the event that the GHGU has failed to be Commissioned on or prior to the Scheduled
Delivery Date, for reasons solely attributable to CPCL (including failure to construct
Hydrogen Distribution Network and/or ensure that the Hydrogen Distribution Network
is ready to receive the Gaseous Green Hydrogen), the First Delivery Date shall be
deemed to take place on the Scheduled Delivery Date or the date on which BOO
OPERATOR is in a position to deliver Gaseous Green Hydrogen to CPCL, whichever is
later. (“Deemed First Delivery Date”).

12. UTILITIES

12.1. During the Construction Period, subject to the terms of this Agreement, CPCL shall
provide BOO OPERATOR, Construction Water, Construction Power on chargeable basis
at the Designated Utilities Point. Further, CPCL shall endeavor to align provisioning of
Utilities to BOO OPERATOR with the Construction Schedule. Price of Construction water
is Rs 21.35 / M3 and construction power is Rs 11.60 /KW.

12.2. Deleted.

12.3. Deleted:

12.4. Deleted

12.5. During the Operations Period, BOO OPERATOR shall at its own cost, expense and risk,
make necessary arrangements for ensuring availability of Renewable Energy at the
Production Site for generation of Gaseous Green Hydrogen on round-the-clock basis. For
the avoidance of doubt, it is clarified that BOO OPERATOR shall be solely responsible for
procuring necessary Permits from Relevant Authorities (including coordinating/liaising
with Relevant Authorities, facilitating inspections by Relevant Authorities at the
Production Site) for making available Renewable Energy at the GHGU. Further, it is
expressly clarified that all costs, levies, duties, Taxes, charges that may be applicable
to procurement of Renewable Energy shall be solely payable by BOO OPERATOR.

12.6. CPCL shall be obligated to provide the Utilities during construction period to BOO
OPERATOR at the Designated Utilities Point. It is expressly clarified for the purposes of
this Agreement that CPCL shall not be obligated to make the Utilities available to BOO
OPERATOR at any place other than the Designated Utilities Point. BOO OPERATOR agrees
and acknowledges that it shall, at its own cost and expense, undertake all such
arrangements and construct all such installations/facilities as may be necessary to
ensure that the Utilities as provided by CPCL at the Designated Utilities Point are
extended up to the GHGU and made available for the operation and functioning of the

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GHGU.

12.7. BOO OPERATOR agrees and undertakes that the Utilities during construction period
provided by CPCL to BOO OPERATOR under and pursuant to this Agreement shall be
used by BOO OPERATOR solely for the purposes of delivery of Gaseous Green Hydrogen
to CPCL. In the event that BOO OPERATOR is desirous of availing Utilities from CPCL for
the purposes of sale of Gaseous Green Hydrogen/ Oxygen to a third party, the terms
and conditions thereof shall be separately agreed to between the Parties.

13. METERING

13.1. BOO OPERATOR shall at its own expense install all flow meters, for measuring Gaseous
Green Hydrogen, or any other Utility accepted to supply by CPCL that is used in the unit.
For the avoidance of doubt, it is clarified that the meters so installed by BOO OPERATOR
shall be owned by BOO OPERATOR throughout the Term of the Agreement. The total
volume of supply of Products supplied to CPCL as well as Utilities consumed by BOO
OPERATOR shall be measured by these meters. The meters used for measurement of
Gaseous Green Hydrogen shall be integrating type flow meters and measurement of the
Products shall be in weight, the unit of which shall be the Kg/Hr (Kg/H).
13.2. BOO OPERATOR shall submit quality parameters of flow meters, to be installed at the
Delivery Point for measuring Gaseous Green Hydrogen or any other Utility to CPCL for
its review prior to procurement. CPCL shall be obligated to provide its
comments with respect to quality parameters of flowmeters of Gaseous Green
Hydrogen or any other Utility promptly normally within 07 working days unless
there are any pressing issues but no later than within 30 (thirty) days from the
day when such specifications were submitted to BOO OPERATOR. Any
disagreement on these quality parameters shall be settled mutually between
CPCL and BOO OPERATOR.

13.3. All meters shall be installed at the Delivery Point in the GHGU. The meters shall, to the
extent not explicitly provided herein, be operated by BOO OPERATOR on terms that have
been mutually agreed with CPCL.

For custody transfer metering, BOO operator shall install Custody Transfer Meter with
Flow control, pressure transmitter & temperature transmitter at each of the Hydrogen
Tie-In Points TP1 and TP2.. Additional suitable flow meters for check metering purpose
may be installed by BOO operator at GHGU battery limit as required.

13.4. The meters for the purpose of billing for Gaseous Green Hydrogen, or any other utility,
shall be under the custody of BOO OPERATOR. BOO OPERATOR agrees that it shall not
interfere or tamper with the readings of the meters.

13.5. Meters shall be designed, installed and operated in accordance with recognized
international standards viz. API MPMS, AGA from time to time, during the Term of the
Agreement, as described in detail in Schedule F. All costs pertaining to updation of the
meters on account of revisions, updates, amendments shall be solely borne by BOO
OPERATOR. Further BOO OPERATOR shall ensure that the meters installed by BOO
OPERATOR at the GHGU are at all times compliant with applicable Bureau of Indian
Standards and Applicable Laws.

13.6. The locking arrangement for the metering equipment shall be mutually agreed between
the Parties. All invoicing shall be made based on joint reading of BOO OPERATOR’s

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metering equipment on monthly basis or at a frequency mutually agreed between BOO

OPERATOR and CPCL. Representatives from both CPCL and BOO OPERATOR shall be
present at the time of reading of meters. In case BOO OPERATOR's or CPCL’s
representative is not present for the joint reading at the agreed date and time as above,
BOO OPERATOR shall submit the invoice based on the reading taken by BOO
OPERATOR/CPCL present and interim payments shall be made to BOO OPERATOR
accordingly. In such condition, the invoice along with relevant debit/credit note for the
subsequent billing period shall be prepared based on the cumulative reading for the
immediate previous billing period(s) for which interim payments have been released
and net payment due to BOO OPERATOR shall be made by CPCL.

13.7. All the measurement data as provided in Schedule F shall be accumulated including any
verification or proving (as applicable) computed in the respective stream flow computers
using pulse signal in the control room in an audit trail environment as per the
requirements of API MPMS 21. Custody HMI system shall be only for acquiring data,
reporting, trending, alarming, net fiscal accounting etc. No data computation shall be
performed in the Custody HMI system for the purpose of billing. The complete system
shall have redundant Ethernet architecture including stream flow computer and Windows
HMI. A Custody HMI system shall also to be provided in CPCL Control Room (Location of
Control room to be decided during kick-off meeting) for acquiring data, reporting,
trending, alarming, net fiscal accounting, etc.

13.8. For measurement of liquid items, wherever applicable, Permits from Government
Authorities shall be obtained by BOO OPERATOR for the flow meter, provers and the
stream flow computers etc. If any Permit is also required for gas flow measurement,
then the same shall be obtained by BOO OPERATOR.

13.9. All gas flow measurement points shall be in full compliance to the respective standards
including design, selection, installation, field verification guidelines. In-situ field
performance testing shall be performed at field operating conditions for Hydrogen as
listed in respective AGA standard with a reference module in-built. The GHGU shall be
built in such a manner that common influences as listed do not affect the field
performance of the meter.

13.10. BOO OPERATOR shall always maintain a standby custody transfer meter for Gaseous
Green Hydrogen, or any other utility and a ABT meter for electrical energy
measurement, calibrated and ready for replacement condition, as and when required.
The terms and conditions applicable to meters as provided under this Clause shall apply
mutatis mutandis apply to such standby custody transfer meter.

13.11. CPCL may, if it so desires also install additional metering equipment for the Product(s)at
its battery limits. CPCL shall maintain and operate such metering equipment to measure
and calculate the quantities of Product(s) delivered to CPCL. Such metering equipment
installed by CPCL shall remain the property of CPCL at all times.

13.12. CPCL, at its expense, shall test and calibrate its metering equipment at an interval of
six months or within such interval as per manufacturer's recommendation in presence
of CPCL's representative. Periodic joint calibration shall be carried out at such times as
maybe mutually agreed between the Parties. BOO OPERATOR shall provide all the
testing /calibrating equipment / standard gas required during the joint calibration of the
meters. BOO OPERATOR shall also submit to CPCL, calibration certificates of each of the
calibrating equipment duly certified from reputed organizations with tractability of the
calibration certificate to National Physical Laboratory (NPL)/ National Test House/

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National Institute of Standards and Technology (NIST), USA.

13.13. In addition, at the request of CPCL, subject to CPCL providing BOO OPERATOR
reasonable advance notice in this regard, BOO OPERATOR shall test the metering
equipment in the presence of CPCL's representatives, and if the metering equipment is
found on such test to be accurate, CPCL shall pay CPCL cost and expense of such test,
but ON such test if the metering is found to be inaccurate, then the cost and expense of
such test and of correcting the inaccuracy in the metering equipment shall be borne by
BOO OPERATOR. If on any test, the metering equipment is found to be inaccurate, a
correcting invoice /debit/credit note shall be rendered to cover the actual amount of
Product and Utilities exchanged between BOO OPERATOR and CPCL for a period of 30
days prior to the date of such test. If on any test of the metering equipment, the
measurement of accuracy and repeatability is within limits as specified in Schedule G,
the meter shall be considered to be accurate.

13.14. The Parties agree that if either Party so desires then any measurement, gauging,
analyses or tests, etc., under this Clause 13 shall be witnessed and verified by an
independent surveyor jointly appointed by the Parties.

13.15. If during the Term of this Agreement, the meters or any component of the meters is
found to be out of service or registering outside the permissible tolerances, BOO
OPERATOR, shall forthwith adjust such component to read centrally and as accurately
as possible within such limits or (if that is not possible) replace it with a component that
does read centrally and as accurately as possible within such limits. The recordings and
computations made on the basis of those recordings shall be corrected with respect to
any period of error that is definitely known or agreed by the Parties. All the invoices
issued during such period of error shall be amended accordingly to reflect such correction
and an adjustment in payment shall be made between BOO OPERATOR and CPCL
accordingly. In the event that the period of error is neither known nor agreed,
corrections shall be made for each delivery made during the last half of the
period since the date of the most recent calibration of the inaccurate device.

14. OPERATION AND MAINTENANCE

14.1. BOO OPERATOR shall operate and maintain the GHGU upon Commissioning and during
the Operations Period in accordance with this Agreement, and if required, modify, repair
or otherwise make improvements to the Product Unit to comply with the provisions of
this Agreement, Applicable Laws, Permits, Operation Guidelines and Good Industry
Practices. For the avoidance of doubt, it is expressly clarified that CPCL shall be solely
responsible for undertaking operation and maintenance of the Hydrogen Distribution
Network.

14.2. The obligations of the BOO OPERATOR in relation to the GHGU during the Operations
Period shall include:

14.2.1. undertaking and ensuring timely renewal and procurement of Permits / licenses /
relevant certifications etc. required;

14.2.2. undertaking the training of employees as required (including, but not limited to, ensuring
safety and security, best practices of operations, etc.) carrying out periodic preventive
maintenance of the GHGU;

14.2.3. undertaking routine maintenance including prompt repairs of cracks, joints, drainage
system, structures, buildings, and other equipment;

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14.2.4. undertaking maintenance such as repairs to structures, repairs and refurbishment of

equipment;

14.2.5. protection and conservation of the environment and provision of equipment and
materials therefore;

14.2.6. maintaining the GHGU in a clean, tidy and orderly condition;

14.2.7. taking all measures relating to fire precautions in accordance with relevant Applicable
Law including municipal regulations regarding fire precautions and safety and Good
Industry Practice;

14.3. BOO OPERATOR shall install, operate and maintain closed-circuit television (“CCTV”)
cameras at the appropriate areas in the GHGU (including perimeter walls with particular
focus on metering equipment), in accordance with the requirements pursuant to this
Agreement, including the safety related requirements, Applicable Law, Good Industry
Practices. BOO OPERATOR, upon CPCL’s and/or Relevant Authorities’ request, make
available the CCTV recordings and/or live feed access to CPCL and/or the Relevant
Authority (as the case may be).

14.4. 3 (three) months prior to the Scheduled Delivery Date, BOO OPERATOR shall provide to
CPCL, a repair, operation and maintenance manual (the “Maintenance Manual”), for the
regular and preventive maintenance of the GHGU in accordance with the terms of this
Agreement, Applicable Law, and Good Industry Practice. BOO OPERATOR shall be
required to factor into account any comments that CPCL may provide in connection with
the Maintenance Manual prior to the Scheduled Delivery Date.

14.5. BOO OPERATOR shall procure, install and deploy such technologies at the GHGU as
maybe necessary to ensure that it is able to discharge its maintenance obligations in
accordance with Good Industry Practice.
15. PLANT START AND SHUT DOWN

15.1. Unscheduled Outage

15.1.1. The Parties agree that:

(a) upon occurrence of an Unscheduled Outage, BOO OPERATOR shall forthwith

inform CPCL of the same
(b) BOO OPERATOR shall be entitled to a maximum of 100 hours of Unscheduled
Outage per year during the contractual period (“Maximum Permissible
Unscheduled Outage Time Period”)
(c) If the number total time period of Unscheduled Outages with respect to the
GHGU for a relevant year during the Operations Period is less than the Maximum
Permissible Unscheduled Outage Time Period for such relevant year, BOO
OPERATOR shall not be entitled to any reward nor shall BOO OPERATOR be
allowed to carry forward such entitlement to the next year.
(d) If the number total time period of Unscheduled Outages with respect to a GHGU
for a relevant year during the Operations Period exceeds the Maximum
Permissible Unscheduled Outage Time Period for such relevant year, for reasons
other than Force Majeure and reasons attributable to CPCL, BOO OPERATOR
shall be liable to indemnify, defend and hold CPCL harmless in respect of any
loss, expense, cost, claims, penalties, proceedings arising out of such
Unscheduled Outage for liquidated damages against shortfall of gaseous
hydrogen supply as per provisions given in clause 25.2.
(e) A zero flow of Hydrogen gas at delivery point for a minimum duration of 10
minutes will be treated as Unscheduled Outage.

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15.2. Scheduled Outage

15.2.1. The Parties agree that:

(a) if the number total time period of Scheduled Outages with respect to the GHGU
for a relevant year during the Operations Period is less than the Maximum
Permissible Scheduled Outage Time Period for such relevant year, BOO
OPERATOR shall not be entitled to any reward nor shall BOO OPERATOR be
allowed to carry forward such entitlement to the next year.
(b) if the number total time period of Scheduled Outages with respect to a GHGU
for a relevant year during the Operations Period exceeds the Maximum
Permissible Scheduled Outage Time Period for such relevant year, for reasons
other than Force Majeure and reasons attributable to CPCL, BOO OPERATOR
shall be liable to indemnify, defend and hold CPCL harmless in respect of any
loss, expense, cost, claims, penalties, proceedings arising out of such
Unscheduled Outage for liquidated damages against shortfall of gaseous
hydrogen supply as per provisions given in clause 25.2.

BOO operator to schedule shutdown activities in parallel to CPCL shutdown slate. For
any given year, if CPCL is not having any planned shutdown, BOO operator & CPCL
shall mutually agree for Maximum Permissible Scheduled Outage Time Period for GHGU

15.3. Regulatory Shutdown

15.3.1. Further, BOO OPERATOR shall be entitled to Shut Down the GHGU in order to comply
with the provisions of Applicable Law (including but not limited to Indian Boilers’ Act,
1923 and rules issued thereunder from time to time) for such time period as may be
prescribed under Applicable Law (“Regulatory Shutdown”). It is expressly clarified that
the definition of the term Regulatory Shutdown shall exclude from its ambit any
Shutdown of the GHGU that may have been occasioned on account of BOO OPERATOR’s
failure to comply with the provisions of Applicable Law (including any directions, orders,
guidelines issued by Relevant Authorities). BOO OPERATOR shall endeavor, to utilize the
period of Regulatory Shutdown for undertaking repairs, maintenance and overhaul of
the GHGU including replacement of catalyst, chemicals, adsorbents, desiccants, etc.

No fine/penalty shall be applicable as well as no compensation shall be paid due to

regulatory shutdown.

15.4. Refinery Shutdown

15.4.1. CPCL may shut down operations of the Refinery from time to time for undertaking
repairs, maintenance, upgrades (“Refinery Shutdown”). Details of Refinery Shutdown
shall be communicated to BOO OPERATOR in accordance with Clause 22.2.1. BOO
OPERATOR shall endeavor to utilize the Refinery Shutdown time period for undertaking
repairs, maintenance and overhaul of the GHGU. For avoidance of doubt, it is expressly
stated that any Shutdown of the GHGU that can be solely attributable to Refinery
Shutdown shall not be construed as either Scheduled Outage or Unscheduled Outage.

15.5. BOO OPERATOR and CPCL shall consult with each other and develop suitable
coordination mechanism so as to ensure that Scheduled Outage/Regulatory Shutdown
coincide with the Refinery Shutdown so as to minimize any production loss of the GHGU.

15.6. Startup time for the GHGU is 8 (eight) hours after long stop and 2 (two) hours of short
stop. Long stop refers to planned shutdown (scheduled outage, Refinery shutdown,
regulatory shutdown) and short stop refers to unplanned shutdown.

15.7. BOO OPERATOR shall design all the equipment., requiring mandatory statutory

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inspection for a minimum run length of 2 (two) years.

16. INSPECTION, AUDIT AND RECORD KEEPING

16.1. Right of Inspection

16.1.1. During the Term, CPCL shall have the right to undertake inspections of the GHGU and
Production Site, upon providing reasonable prior notice to BOO OPERATOR, for
determining compliance of BOO OPERATOR with the terms of this Agreement and
provisions of Applicable Law.

16.1.2. CPCL may, from time to time, appoint third party inspectors, in its sole direction, and
BOO OPERATOR shall allow such inspectors to access and inspect the Production Site
and the GHGU at any reasonable time and shall grant such inspectors unrestricted and
unconditional access to all documents in relation to this Agreement.

16.2. Right of Audit

16.2.1. CPCL shall have the right to audit all BOO OPERATOR’s and its sub-contractor’s
documents and records related to this Agreement. Such rights and documents and
records shall remain in force and be retained for a period of not less than 3 (three) years
after the expiry of this Agreement or any termination thereof.

16.3. Record-keeping

16.3.1. BOO OPERATOR shall maintain necessary documentation with respect to discharge of its
obligations under this Agreement for a period of 5 (five) years after the termination of
this Agreement.

17. SALE AND PURCHASE

17.1. BOO OPERATOR agrees to sell and deliver Gaseous Green Hydrogen at the Delivery Point
corresponding to the Annual Guaranteed Offtake Quantity in accordance with the
Operation Guidelines, Specifications, Applicable Law, Permits and the terms of the
Agreement and CPCL agrees to purchase Gaseous Green Hydrogen corresponding to the
Annual Guaranteed Offtake Quantity at the Delivery Point subject to and in accordance
with the terms of this Agreement.
17.2. CPCL shall have the right to use Gaseous Green Hydrogen so purchased for (i)
operation of the Refinery (ii) operation of any plant, facility or refinery owned or
operated by CPCL other than the Refinery or (iii) for such other end-use as may
be deemed fit by CPCL.
DELETED
18. TITLE AND RISK

18.1. The Parties agree that title and risk to the Gaseous Green Hydrogen shall pass from BOO
OPERATOR to CPCL at the Delivery Point.

19. MOST FAVOURED CUSTOMER

19.1. BOO OPERATOR agrees and undertakes that at any point of time during the subsistence
of this Agreement, the terms and conditions in relation to sale of Gaseous Green
Hydrogen produced at the GHGU, that shall be offered to third party customers who are
similarly situated at that point of time (if at all), shall be no more favorable than the
terms and conditions that shall have been offered to CPCL at that point of time.

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19.2. Without prejudice to the generality of the foregoing, BOO OPERATOR agrees that at any
point of time during the subsistence of this Agreement, the price at which Gaseous Green
Hydrogen shall be offered by BOO OPERATOR to customers who are similarly situated
at that point of time shall be equal to or more than the price offered to CPCL at that
point of time, but shall under no circumstances whatsoever be more favorable than the
price offered to CPCL at that point of time unless agreed to in writing by CPCL.

20. RIGHT OF FIRST REFUSAL

20.1. The Parties agree that if at any time during the Operations Period, the GHGU undergoes
capacity augmentation/technological upgradation, modification, restructuring,
retrofitting, etc., as a consequence of which surplus quantity of Gaseous Green
Hydrogen is generated at the GHGU, over and above the then prevailing levels, BOO
OPERATOR shall issue a notice to CPCL specifying the details of the quantity of Gaseous
Green Hydrogen that is available for purchase, price at which such surplus quantity of
Gaseous Green Hydrogen is available and any other relevant terms and conditions.

20.2. CPCL shall have a preferential right to purchase such additional quantity of Gaseous
Green Hydrogen that is generated at the GHGU, and gaseous oxygen in case the GHGU
is designed on Electrolyzer Technology. In the event that BOO OPERATOR does not
receive any communication from CPCL expressing its willingness to purchase such
additional quantity of Gaseous Green Hydrogen within 60 (sixty) days from the date of
receipt of such notice by CPCL, BOO OPERATOR shall be entitled to sell such surplus
Gaseous Green Hydrogen to third party customers provided that the terms and
conditions governing the sale of such surplus Gaseous Green Hydrogen to third party
customers shall be no more favorable than the terms and conditions offered to CPCL
(“Right of First Refusal”).

20.3. The Parties agree that CPCL shall be entitled to exercise its Right of Refusal every time
that the quantity of the Gaseous Green Hydrogen generated at the GHGU increases on
account of capacity augmentation/technological upgradation, modification,
restructuring, retrofitting, etc., during the Operations Period.

20.4. The Parties agree that in the event BOO OPERATOR agrees to sell Gaseous Oxygen and
CPCL agrees to purchase Gaseous Oxygen from BOO OPERATOR under and pursuant to
Clause 17.3, the terms of this Clause 20 shall apply mutatis mutandis to such sale and
purchase of Gaseous Oxygen.

21. SUPPLY

21.1. On and from the Scheduled Delivery Date, and throughout the Term of the Agreement,
BOO OPERATOR shall deliver Gaseous Green Hydrogen at the Delivery Point in
accordance with the Specifications, Operation Guidelines, Applicable Law, Permits and
the terms of this Agreement.

21.2. Deleted

21.3. Representatives of BOO OPERATOR and CPCL shall meet from to time to co-ordinate and
mutually discuss CPCL’s requirement of Gaseous Green Hydrogen. In order to ensure
smooth and seamless coordination in sale and purchase of Gaseous Green Hydrogen
between the Parties, BOO OPERATOR and CPCL shall jointly develop operational and
communication guidelines from time to time and comply with the same. BOO OPERATOR
and CPCL shall adopt and comply with operational and communication guidelines as
mutually agreed from time to time.

21.4. Subject to the terms of this Agreement, BOO OPERATOR may, undertake merchant sale
of either Gaseous Green Hydrogen or Gaseous Oxygen generated at the GHGU to third
party customers upon such terms and conditions as may be mutually agreed between
the Parties.

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22. QUANTITY AND SCHEDULING

22.1. Annual Guaranteed Offtake Quantity

22.1.1. On and from the Scheduled Delivery Date, the aggregate quantity of Gaseous
Green Hydrogen that BOO OPERATOR shall be required to sell and deliver at the
Delivery Point and the aggregate quantity that CPCL shall be required to
purchase and offtake at the Delivery Point during a particular Financial Year shall
be 2,000 MT (“Annual Guaranteed Offtake Quantity”). It may be noted that
monthly variation in Green Hydrogen quantity is allowed with mutual consent
but the annual Green Hydrogen quantity should not be more than 2,000 MT.

22.1.2. The Parties agree that in the event a Force Majeure Event lasts for a period greater than
10 (ten) days during the course of a Financial Year, the Parties shall revise the Annual
Guaranteed Offtake Quantity for such Financial Year pursuant to mutual discussions.

22.2. SCHEDULING

22.2.1. The Parties agree that during the Financial Year in which the Scheduled Delivery Date is
proposed to occur, CPCL shall provide BOO OPERATOR details of the Refinery Shutdown
for the upcoming Financial Year atleast 15 (fifteen) days prior to the Scheduled Delivery
Date. Thereafter, not later than 15th March of every Financial Year, CPCL shall provide
BOO OPERATOR details of the proposed Refinery Shutdown for the upcoming Financial
Year.

22.2.2. Not later than 20th March of every Financial Year, BOO OPERATOR shall be required to
submit details of BOO OPERATOR’s month wise supply schedule of Gaseous Green
Hydrogen corresponding to the Annual Guaranteed Offtake Quantity that BOO
OPERATOR proposes to deliver to CPCL for the immediately succeeding Financial Year,
as per the format provided below, provided that with respect to the Financial Year in
which the Scheduled Delivery Date is proposed to occur, BOO OPERATOR shall be
required to submit such details to CPCL atleast 10 (ten) days prior to the Scheduled
Delivery Date (“Annual Supply Schedule”). The Annual Supply Schedule as proposed
by BOO OPERATOR shall take into consideration details of the Refinery Shutdown as
communicated by CPCL under Clause 22.2.1. For the purposes of this Agreement,
“Monthly Proposed Quantity” shall refer to the quantity of Gaseous Green Hydrogen
that BOO OPERATOR proposes to deliver each month of the Financial Year, as set out
under the Annual Supply Schedule.

Format of Annual Supply Schedule

Month of FY Monthly Proposed Quantity

April [insert]
May [insert]
- .
- .
- .
March [insert]
Total Annual Guaranteed Offtake Quantity

22.2.3. No later than 28th day of every month, BOO OPERATOR shall be required to
communicate in writing to CPCL deviations, if any, to the Monthly Proposed Quantity for
the immediately succeeding month. BOO OPERATOR agrees that deviations proposed by
BOO OPERATOR to the Monthly Proposed Quantity shall be without prejudice to BOO
OPERATOR’s obligation to supply CPCL Gaseous Green Hydrogen corresponding to the
Annual Guaranteed Offtake Quantity during any Financial Year.

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22.2.4. No later than 0900 Hours of each day of the relevant Financial Year (other than days
corresponding to Scheduled Outage, Unscheduled Outage, Force Majeure, Refinery
Shutdown) BOO OPERATOR shall be required to submit a daily supply schedule indicating
therein the hour wise rate at which it shall supply Gaseous Green Hydrogen to CPCL at
the Delivery Point for the immediately following 24 hours, commencing from 12:00
Hours of such day, as per the format provided herein below (“Daily Supply Schedule”).
For the purposes of this Agreement, “Nominated Rate of Delivery” shall refer to each
of the hourly rates at which BOO OPERATOR proposes to deliver Gaseous Green
Hydrogen to CPCL as set out under the Daily Supply Schedule.

Format of Daily Supply Schedule

Time Slot Nominated Rate of Delivery

1200 to 1300 Hours [insert]
1300 to 14000 Hours [insert]
--- ---
1100 to 1200 Hours [insert]

22.2.5. Notwithstanding anything contained in this Agreement, the Parties agree that the
Nominated Rate of Delivery for any given hour shall be limited to a maximum
upward/downward adjustment of 450 90 Kg/hr against the Nominated Rate of Delivery
of the immediately preceding hour (“Adjustment Rate”). BOO OPERATOR agrees and
undertakes that in the event that it supplies Gaseous Green Hydrogen to CPCL in breach
of the Adjustment Rate, BOO OPERATOR shall indemnify, defend and hold CPCL
harmless in respect of any loss, expense, cost, claims, penalties, proceedings arising
out of its failure to supply Gaseous Green Hydrogen within the Adjustment Rate.

22.3. Records

22.3.1. BOO OPERATOR shall record in its operating records Nominated Rate of Delivery and the
quantities of Product(s) delivered to CPCL on a daily basis. Access to such records shall
be made available to CPCL on an ongoing basis.

22.4. Future Requirements

22.4.1. CPCL and BOO OPERATOR shall also periodically discuss any future requirements of CPCL
for Gaseous Green Hydrogen beyond the Annual Guaranteed Offtake Capacity which
shall require augmentation of the capacity of the GHGU.

23. SPECIFICATIONS AND OFF-SPEC PRODUCT

23.1. BOO OPERATOR agrees to deliver Gaseous Green Hydrogen at the Delivery Point in
accordance with the Specifications, Applicable Law and the terms and conditions of
Permits. It shall be the sole responsibility of BOO OPERATOR to ensure that the Gaseous
Green Hydrogen delivered at the Delivery Point meets the Specifications, Applicable Law
and the terms and conditions of Permits.

23.2. BOO OPERATOR shall procure, install, operate, maintain at its own cost and expense,
necessary instruments, analyzers and ancillary facilities in accordance with Applicable
Law, Bureau of Indian Standards and Good Industry Practice which shall analyze on a
real time basis whether the Gaseous Green Hydrogen delivered by BOO OPERATOR at
the Delivery Point is compliant with the Specifications. BOO OPERATOR shall ensure that
CPCL and its representatives have independent access to such instruments and
analyzers and have suitable access to monitor on a real time basis that the Gaseous
Green Hydrogen delivered at the Delivery Point by BOO OPERATOR is compliant with the
Specifications. Further, BOO OPERATOR agrees and undertakes that it shall calibrate the
aforementioned instruments, analyzers and other facilities from time to time, as
required, after providing CPCL reasonable notice of the same. BOO OPERATOR agrees

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that the representatives of CPCL shall be entitled to be present every time the
aforementioned instruments and analyzers are calibrated by BOO OPERATOR.

23.3. If required by CPCL, BOO OPERATOR agrees that it shall also provide relevant
documentation/ tests reports from accredited and independent laboratories confirming
that the Gaseous Green Hydrogen delivered by BOO OPERATOR at the Delivery Point is
in compliance with the Specifications. Any costs related to undertaking such tests shall
be required to be borne by BOO OPERATOR.

23.4. CPCL may, in its absolute discretion make any and all reasonable enquiries regarding
the quality and handling of the Gaseous Green Hydrogen which BOO OPERATOR
proposes to deliver at the Delivery Point, (including details of the laboratory which has
tested the Gaseous Green Hydrogen, instruments, analyzers facilities and procedures
relied upon by BOO OPERATOR in relation to testing of the Gaseous Green Hydrogen)
and may perform such tests and inspection thereon, in each case as it reasonably
considers necessary to determine that the Gaseous Green Hydrogen delivered at the
Delivery Point is in compliance with the Specifications. BOO OPERATOR shall promptly
respond to any such enquiries and provide all reasonable assistance to CPCL in
connection with any such tests and inspections.

23.5. For the purposes of this Agreement, Gaseous Green Hydrogen shall be deemed to be
“Off- Spec” if it does not conform to (i) the Specifications; (ii) Applicable Law; and (iii)
the terms and conditions of Permits.

23.6. BOO OPERATOR shall be obligated to ensure that there is automatic shutdown of supply
of Gaseous Green Hydrogen at the Delivery Point that is Off-Spec and that under no
circumstances, shall BOO OPERATOR deliver Off-Spec Gas to CPCL at the Delivery Point.

23.7. Without prejudice to the terms of Clause 23.5, if due to unavoidable circumstances, Off-
Spec Gaseous Green Hydrogen is delivered by BOO OPERATOR to CPCL,

23.7.1. CPCL shall be entitled to reject such Off-Spec Gaseous Green Hydrogen by providing
BOO OPERATOR with verbal notice which shall be followed by written confirmation by
way of e- mail within two (2) hours of delivery of the Off-Spec Gaseous Green Hydrogen;
and
23.7.2. BOO OPERATOR shall, at its own cost and expense, take such steps as may be necessary
to remedy the situation (including making necessary arrangements for disposal of Off-
Spec Gaseous Green Hydrogen; and

23.7.3. BOO OPERATOR shall be obligated to indemnify, defend and save CPCL harmless
against:

(a) All claims, demands, proceedings, costs, losses, damages, and/or expenses
(including reasonable attorney fees) for death of or injury to any person resulting
from such delivery, storage and use of Off-Spec Gaseous Green Hydrogen;
(b) all claims, demands, proceedings, costs, losses, damages, and/or expenses
(including reasonable attorney fees) incurred by CPCL as a result of damage
caused to the Refinery resulting from such delivery, storage and use of Off-Spec
Gaseous Green Hydrogen;
(c) all claims, demands, proceedings, costs losses, damages, and/or expenses
(including reasonable attorney fees) incurred by CPCL in disposing of the Off Spec
Gaseous Green Hydrogen from the Refinery;
(d) all claims, demands, proceedings, costs, losses, damages, and/or expenses
(including reasonable attorney fees) incurred by CPCL as a result of damages
caused to third parties due to supply of such Off-Spec Gaseous Green Hydrogen.

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(e) Total Liability applicable for above points is capped at the value of (LCOH x Annual
Capacity). The capping of total liability is not applicable for liquidated damages
as per clause 25.2.

23.8. Notwithstanding anything contained elsewhere in this Agreement, Off-Spec Gaseous

Green Hydrogen shall be deemed to be Gaseous Green Hydrogen not delivered by BOO
OPERATOR to CPCL. For the avoidance of doubt, it is expressly clarified that Off-Spec
Gaseous Green Hydrogen delivered/proposed to be delivered by BOO OPERATOR to
CPCL shall not be taken into account while determining at the end of any relevant
Financial Year, whether BOO OPERATOR has delivered Gaseous Green Hydrogen
corresponding to the Annual Guaranteed Offtake Quantity.

24. PRICING

24.1. On and from the First Delivery Date, at the end of each calendar month, BOO OPERATOR
and CPCL shall read the metering equipment in accordance with Clause 13 to determine
the quantity of Gaseous Green Hydrogen delivered to CPCL at the Delivery Point during
such billing period. Based on such readings, BOO OPERATOR shall invoice CPCL the
Monthly Tariff Charges which shall be computed as provided below in Clause 24.2. BOO
OPERATOR agrees that the invoices shall provide detailed breakdown of the Monthly
Tariff Charges. CPCL shall be obligated to make payments of such invoiced amounts
within 30 (thirty) days of receipt of such invoice.

24.2. For any relevant month, the Monthly Tariff Charges payable by CPCL to BOO OPERATOR
shall be the product of the aggregate quantity of Gaseous Green Hydrogen off-taken by
CPCL at the Delivery Point as recorded by the metering equipment for such relevant
month and the LCOH. Supply of Hydrogen beyond specified limits for operating range of
30% to 140% of the nominal capacity or Supply of hydrogen not meeting the quality
specifications as per Conditions of Contract or supply of hydrogen not confirming to any
of the tender conditions shall not be counted towards quantity of Gaseous Green
Hydrogen off-taken by CPCL.

24.3. The Parties agree and acknowledge that the LCOH shall remain fixed for the entire Term
subject to Clause 24.4 below
24.4. Scheme guidelines dtd. 16.01.24 for Implementation of SIGHT Programme Component-
II (Incentive for procurement of Green Hydrogen under Mode-2B) are issued by Ministry
of New & Renewable Energy. BOO OPERATOR to consider the same & quote accordingly.
Additionally, the BOO operator should not claim carbon credits on production of green
hydrogen & CPCL shall have the right to avail any benefit out of such carbon credits.
BOO OPERATOR agrees and undertakes that during the Term, post submission of the
bid, if BOO OPERATOR becomes eligible for any production linked incentive scheme,
government incentive, subsidy or any other similar benefit in connection with the
development and operations of the GHGU (including generation of Gaseous Green
Hydrogen at the GHGU) resulting in reduction of LCOH, BOO OPERATOR shall avail the
benefit upon issuance of notification and pass on the 90% benefit in LCOH to CPCL during
contract period from the effective date of admissibility of the such incentive. Any change
either positive or negative in transmission charges/open access charges in the state of
Tamil Nadu shall be adjusted annually. i.e. actual power consumption (KWh) of GHGU
for applicable period during respective year x Difference between the transmission/ open
access charges (Rs/KWh) in the state of Tamilnadu compared to the charges applicable
at the time of bid submission.”

24.5. Within 7 (seven) days of the First Delivery Date, CPCL shall open a standby revolving

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letter of credit in favour of BOO OPERATOR for an amount equal to monthly average
invoice value (“Standby Letter of Credit”) which shall remain in force during the
Operations Period. Monthly average invoice value/ Standby letter of credit shall be of
value equal to (LCOH X Annual qty / 12)

If CPCL fails to make the payments of the undisputed amounts payable with respect to
3 (three) consecutive monthly invoices, BOO OPERATOR shall have the option to claim
the undisputed portion of the payment through the Standby Letter of Credit against
presentation of the following documents:

(a) Certified copies of the said unpaid invoice(s) against which payment is claimed;
(b) Certificate of the BOO OPERATOR certifying the undisputed amount due against
each Invoice in respect of which the claim is made supported by a certified copy
of the Joint Reading for quantity of gases supplied (if any). CPCL shall certify the
reading taken by the BOO OPERATOR, in the event CPCL’s representative fails to
appear for joint reading as per agreed schedule mentioned elsewhere in the
conditions of contract.
(c) Receipt of the BOO OPERATOR for the undisputed amount of the invoice(s)
claimed.

25. LIQUIDATED DAMAGES

25.1. Delay by BOO OPERATOR

In the event that the GHGU has not been commissioned on or prior to the Scheduled
Delivery Date, for reasons other than Force Majeure and reasons attributable to CPCL,
BOO OPERATOR shall be liable to pay to CPCL liquidated damages which shall be
computed as per the formula provided below:

Applicable price reduction shall be 1/8% for each completed week or part thereof subject
to maximum of 5% of the total Project cost (Which is considered as LCOH x Annual
Capacity x7.5 years)

25.2. Short Fall in Hydrogen Supply

In the event that BOO OPERATOR fails to supply Gaseous Green Hydrogen
corresponding to the Annual Guaranteed Quantity i.e. 2000 MT during a relevant
Financial Year in line with Article 22.1.1, for reasons solely attributable to BOO
OPERATOR, BOO OPERATOR shall be liable to pay liquidated damages to CPCL which
shall be computed as per the formula provided below.
Liquidated damages in case of short supply by BOO operator: 1) Up to 95% annual
capacity -Nil 2) <95% of annual capacity - 20%of LCOH on Shortfall quantity

“Shortfall Quantity” = Difference between the annual quantity of Gaseous Green

Hydrogen and the actual quantity of Gaseous Green Hydrogen supplied by BOO
OPERATOR on account of reasons solely attributable to BOO OPERATOR during such
relevant financial year.

25.3. Delay in takeoff of products by CPCL beyond Scheduled Delivery date

A) In the event that the GHGU has been Commissioned on or prior to the Scheduled
Delivery Date but CPCL is not in a position to off-take Gaseous Green Hydrogen from
the Delivery Point due to reasons solely attributable to CPCL, then CPCL is not liable

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to make any payment towards penalty.

B) Post Scheduled Delivery Date, In the event that the GHGU has been commissioned
but CPCL is not in a position to off-take Gaseous Green Hydrogen from the Delivery
Point, then CPCL is liable to make payment towards shortfall quantity as below:

CPCL payable amount on shortfall quantity = “X”- “Y”

X = Total Shortfall Quantity (Kg) * LCOH (Rs/kg)

Where,
Total Shortfall Quantity = [Number of days corresponding to the difference between the
Scheduled Delivery Date and the First Delivery Date] * [(Annual Capacity of GHGU (Kg)
/ 365)]

Y = Deemed realized value through renewable power export on cumulative monthly

basis (Rs.) = M1+M2+……+Mn

Where,

Mn = [Monthly Shortfall Quantity (Kg)] * [Estimated Power Consumption of GHGU

(KWh/Kg)] * [Monthly Day Average Tariff (MCP) of Green Power of Indian Energy
Exchange (IEX) for respective month (Rs. /KWh)) Monthly Shortfall Quantity =
[Annual Capacity (Kg)* (No. of days of non-offtake by CPCL for respective
month/365)] Estimated Power Consumption of GHGU = 55 KWh/Kg

BOO operator shall have flexibility to export the surplus renewable power to power
exchange/ third party through open access upon for the time duration from scheduled
delivery date to the first delivery date.

"The LD calculated is a genuine pre estimate of the loss suffered by CPCL and CPCL need
not prove actual loss on account of delay by BOO Operator”.

25.4. Shortfall in Annual Guaranteed Offtake of Products by CPCL

In the event that CPCL fails to offtake Gaseous Green Hydrogen corresponding to the
Annual Guaranteed Offtake Quantity i.e. 2000 MT during a relevant Financial Year in line
with Article 22.1.1, for reasons solely attributable to CPCL, CPCL shall be liable to pay
the amount to BOO OPERATOR which shall be computed as per the formula provided
below:

1. Up to 95% annual capacity OR min. 8000 hrs. offtake time of CPCL: -

Nil amount payable on Shortfall Quantity.

2. CPCL payable penalty in case of offtake of <95% of Annual Capacity &

<8000 hrs. offtake time of CPCL = “X” – “Y”

Y = Deemed realized value through renewable power export on cumulative

monthly basis (Rs.) = M1+M2+……+Mn

Where,

Mn = [Monthly Shortfall Quantity (kg)] * [Actual Power Consumption of GHGU

for respective year (KWh/Kg)] * [Monthly Day Average Tariff (MCP) of Green
Power of Indian Energy Exchange (IEX) for respective month (Rs./KWh)]

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Monthly shortfall quantity = Scheduled quantity – (Actually supplied quantity

for the month + Shortfall quantity not attributable to CPCL for the respective
month)

In case, there is no shortfall quantity for the month and quantity supplied is in excess of
monthly scheduled quantity, excess quantity would be reduced from shortfall quantity of
immediate subsequent/previous month for calculation of annual shortfall quantity.

It is hereby clarified that in any circumstances, sum of all monthly shortfall quantity
should not exceed following:

Total Guaranteed quantity (2 KTPA) – (Actually supplied quantity for the year
+ Shortfall not attributable to CPCL for the respective year)

Actual Power Consumption of GHGU for respective year = [Annual Power

Consumption of GHGU (KWh) / Annual Hydrogen Generation of GHGU (Kg)]

Supply of Hydrogen beyond specified limits for operating range of 30% to 140% of the
nominal capacity or Supply of hydrogen not meeting the quality specifications as per
Conditions of Contract or supply of hydrogen not confirming to any of the tender
conditions shall not be counted towards supplied annual quantity of hydrogen.

BOO operator shall have flexibility to export the surplus renewable power to power
exchange/ third party through open access for the time duration intimated by CPCL for
non-offtake of green hydrogen. CPCL shall intimate BOO operator 24 hours in advance
for non-offtake of green hydrogen and readiness to resume offtake of green hydrogen.

25.5. The Parties acknowledge that payment of liquidated damages under this Clause 25 shall
not relieve the defaulting Party from the performance of its obligations under this
Agreement. The Parties expressly agree that the non-defaulting Party shall be entitled
to seek injunctive and other equitable relief to prevent the breach, or the further breach,
of any of the terms and provisions hereof. Further, the non-defaulting Party shall also
be entitled to claim or recover from the defaulting Party any losses, damages, costs and
expenses suffered/incurred by the non- defaulting Party as a result of the breach by the
defaulting of any obligations hereunder. No right, power or remedy herein conferred on
the Parties is intended to be exclusive of any other right, power or remedy. Every right,
power and remedy shall, to the extent permitted under Applicable Laws, be cumulative
and in addition to every other right, power and remedy given hereunder or now hereafter
existing at law or in equity or otherwise, and may be exercised from time to time and
as often and in such order as may be deemed expedient by the Parties.
25.6. The Parties agree that each Party shall be entitled to deduct liquidated damages payable
by the defaulting Party from any money due or that may become due to the non-
defaulting Party or the Performance Security/Stand-By Letter of Credit, as the case
maybe.

26. REPRESENTATIONS & WARRANTIES

26.1. CPCL's Representations and Warranties

CPCL represents and warrants as to itself that:

I. It is duly organized and validly existing entity under the laws of India and has all
requisite legal right, power and authority to execute and deliver the Agreement
and all the Agreements to which it is a Party and to carry out the terms, conditions

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and provisions hereof and thereof.

II. The execution, delivery and performance by it of the Agreement and all of the
Agreements and documents referred to herein to which it is a Party have been duly
authorized by all requisite corporate action, and will not contravene any
provisions of, or constitute a default under, any other Agreement or instrument
to which it is a party. The execution, delivery and performance by it of the
Agreement and all of the agreements and documents referred to herein to which
CPCL is a Party does not constitute a violation of any statute, judgment order,
degree or regulation or rule of any court, government authority or arbitrator of
competent jurisdiction applicable or relating to CPCL, its assets or its business;
and

III. The Agreement constitutes its valid, legal and binding obligation, enforceable in
accordance with the terms hereof except that the enforceability thereof may be
limited by applicable bankruptcy, insolvency, reorganization, moratorium or other
similar Law affecting CPCL's rights generally and except to the extent that the
remedies of specific performance, injunctive relief and other forms of equitable
relief are subject to equitable defenses, the discretion of the court before which
any proceeding thereof may be brought and the principles of equity in general.

26.2. BOO OPERATOR’s Representation and Warranties

BOO OPERATOR represents and warrants as to itself that:

i) It is duly organized and validly existing entity under the laws of India. It has
complied with the requirements of all applicable laws and all requisite legal
right, power and authority to execute and deliver the Agreement and all the
Agreements and documents referred to herein to which it is a Party and to
carry out the terms, conditions and provisions hereof and thereof,

ii) The execution delivery and performance by it of the Agreement and all of
the Agreements and documents referred to herein to which it is a Party have
been duly authorized by all requisite corporate action, and will not
contravene any provisions of, or constitute a default under, any other
Agreement or instrument to which it is a party. The execution, delivery and
performance by it of the Agreement and all of the Agreements and
documents referred to herein to which the BOO OPERATOR is a Party does
not constitute a violation: -

a. of any statute, judgment order, degree or regulation or rule of any court,

government authority or arbitrator of competent jurisdiction applicable
or relating to BOO OPERATOR, its assets or its business;

OR

b. BOO OPERATOR articles, constituting documents or any indenture,

Agreement or Agreement to which it is a party or by which it or its
property is bound.
iii) The Agreement constitutes its valid, legal and binding obligation, enforceable
in accordance with the terms hereof except that the enforceability thereof
may be limited by applicable bankruptcy, insolvency, reorganization,
moratorium or other similar Law affecting BOO OPERATOR’s rights generally
and except to the extent that the remedies of specific performance, injunctive
relief and other forms of equitable relief are subject to equitable defences,
the discretion of the court before which any proceeding thereof may be
brought and the principles of equity in general.

iv) There are no attachments or warrants served on it, in respect of sales tax,

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income tax, Central Govt. revenues or any other State Government of India
revenues, any other taxes and dues, that might materially adversely affect
its ability to meet and carry out its obligations under the Agreement;

v) There are no actions, suits of proceeding pending or, to its knowledge

threatened against or affecting the BOO OPERATOR and the Sponsor, before
any court or administrative body or arbitral tribunal that might materially
adversely affect its ability to meet and carry out its obligations under the
Agreement.

vi) It is not in default under any Agreement to which it is a party or by which it

or its property may be bound, nor in any material default of any obligation
under the Agreement and all of the Agreements and documents referred to
herein to which it is a Party.

27. FORCE MAJEURE

27.1. “Force Majeure" shall mean war (declared or undeclared), revolution, civil war, tidal
wave, fire, explosion, major flood, earthquake, sabotage, terrorism activity of a severe
magnitude, quarantine or other act of God, epidemic and pandemic as notified by the
appropriate government, rules and regulations or orders prohibiting the establishment
or operation of the BOO OPERATOR’s Production Plant or relevant plant of CPCL, national
strike (if BOO OPERATOR’s Production Plant and CPCL's relevant plant are affected) but
will not include a self-induced Force Majeure, or equipment break down, commercial
hardship or financial inability.”

27.2. Effects of Force Majeure Events

Subject to the provisions of the Agreement, in the event that a Party is rendered unable,
by reason of event of Force Majeure affecting the Party after the date hereof to perform
wholly or in part any material obligation of that Party set forth in the Agreement the
obligations of both Parties shall be suspended or excused to the extent affected by such
Force Majeure.

27.3. Notice

Upon the occurrence of an event of Force Majeure, the affected Party shall notify the
other Party in writing within twenty four (24) hours of the alleged beginning thereof giving
full particulars, its estimated duration of Force Majeure event and satisfactory evidence
in support of its claim, and notwithstanding the prior commencement of the force majeure
event, the force majeure event shall be deemed to have occurred not earlier than 24
(twenty four) hours after the other Party receives the notice of the force majeure.

27.3.1. Upon cessation of the event of Force Majeure, the affected Party shall forthwith give
written notice of such cessation to the other Party and shall as soon as reasonably
possible, resume performance of its obligations suspended by the force majeure.
27.4. Actions consequent upon force majeure

27.4.1. The affected Party shall:

(a) Use reasonable endeavors to minimize the effects of Force Majeure and
remedy any inability to perform due to Force Majeure.
(b) Provide daily reports to the other Party regarding its progress in overcoming
the adverse effects of the Force Majeure.
(c) As soon as reasonably practicable, provide the other Party in writing such
information as may be reasonably required to justify the claim of Force

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Majeure.
(d) If the BOO OPERATOR’s Production Plant is in whole or part damaged or
destroyed due to the Force Majeure event, the BOO OPERATOR shall
forthwith take all steps necessary to repair, restore and/or replace the BOO
OPERATOR’s Production Plant to make it operational and productive as soon
as is reasonably possible. BOO OPERATOR shall ensure to take all steps
reasonably required to restore its ability to perform its obligations under the
Agreement as soon as is reasonably possible, including the rebuilding of any
affected part of the Production Facility provided that the affected BOO
OPERATOR shall not be obliged to take any steps which would not be in
accordance with Good Industry Practice.

27.5. Upon the occurrence of the Force Majeure, both parties shall promptly meet to discuss
in good faith the effect and the likely duration of the effect of the Force Majeure and the
steps to be taken to overcome the effects of the Force Majeure and the remedial actions
to be taken by the other Party to mitigate the effects of the Force Majeure on the BOO
OPERATOR’s Production Plant or relative CPCL's plant(s) as the case maybe.

27.6. Deleted

27.7. Monetary Obligations during Force Majeure

No amounts shall be payable in respect of Events or circumstances which are covered by

Force Majeure Events. It is specifically agreed that, if there is Force majeure at CPCL’s
premises and CPCL is unable to consume Requested quantity of Hydrogen, then CPCL will
also not pay any amount in this regard to BOO OPERATOR.

27.8. For the purpose of clause no. 27.1, the BOO OPERATOR’s Production Plant shall cover the
Green Hydrogen Generation unit, associated renewable power generation plant(s), associated
power import facility(s) & associated raw water sourcing facility(s)
28. Change in Law

28.1. For the purpose of this clause, the term ‘Change in Law’ shall refer to the occurrence
of the following events, after the last date of the bid submission, including (i) the
enactment of any new law; or (ii) any change in the rates of any taxes which have a
direct effect on the Project. However, Change in Law shall not include any change in
taxes on corporate income or any change in any withholding tax on income or
dividends.

28.2. If a change in law results in any financial loss/ gain to the supplier/procurer, then to
ensure that the supplier/procurer is placed in the same financial position as it would
have been had it not been for the occurrence of the change in law, the supplier/
procurer shall be entitled to pass through by the other party, as the case may be,
subject to the condition that the quantum and mechanism of compensation payment
shall be determined and shall be effective from such date as may be mutually agreed.
In case of dispute the same shall be decided by the dispute settlement mechanism as
provided in clause 39 of the condition of contract.

Note: For change in transmission charges/open access charges, clause 24.4 shall only
be applicable.

29. INSURANCE

29.1. BOO OPERATOR confirms that its Production Plant and facilities and operating personnel
will be adequately covered under insurance along with coverage of third party liability.

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The BOO OPERATOR, at its sole cost and expense, shall continue to obtain and maintain
all the Construction Insurance Policies and Operational Insurance Policies required to be
taken in respect of the Production Plants as required by the Financers or by the laws of
India; or as may be necessary in accordance with the Best Operating Practices. BOO
OPERATOR shall ensure that CPCL is named as an additional insurer on all insurance
policies with respect to third party liability insurance. Third party Insurance policy taken
by BOO OPERATOR shall have provision for Waiver of Subrogation in favour of CPCL.

Any failure by BOO OPERATOR to obtain the insurance coverage or certificates of

insurance as required, shall neither relieve BOO OPERATOR of the insurance requirements
set forth herein nor relieve or limit in any way BOO OPERATOR’s obligations and liabilities
under any other provision of the Agreement.
The under mentioned minimum coverage or such additional coverage as may reasonably
be required, shall be maintained or cause to be maintained by the BOO OPERATOR
throughout the Agreement period:
 Workers Compensation and Employers Liability
 General Liability Insurance
 Builders All Risk Insurance
 Marine Cargo insurance (if required)
 All Risk Property/Comprehensive Machinery Insurance (Upon
Completion of Construction)
 Third Party Liability Insurance

To the extent that the above insurance policies are available through Indian insurance
companies, preference shall be given to using these companies.

Notwithstanding any liability that may arise under the Agreement, any loss for which
compensation is due to the BOO OPERATOR under this Article, shall not be charged to
CPCL. BOO OPERATOR shall cause its insurers or agents to provide CPCL with certificates
of insurance for required replacement policies or renewals as evident from the
endorsements of policies, at least thirty (30) Days prior to i.e. termination or expiration
of any policy hereunder. Similarly, CPCL agrees to cover CPCL's plant, facilities and
operating personnel under insurance along with coverage of third party liability.

30. ASSIGNMENT, ENCUMBRANCE, SUBCONTRACTING

30.1. Assignment

30.1.1. The Contract and benefits and obligations thereof shall be strictly personal to the BOO
Contractor and CPCL and shall not on any account be assignable or transferable to a
third party by the BOO Contractor Each party without having obtained in writing the
prior approval of CPCL Other Party.

30.1.2. Any assignment or transfer that is made or effected in a manner that is not in strict
accordance with the provisions of this Clause shall be void ab initio.

30.2. Encumbrance

30.2.1. Notwithstanding anything to the contrary contained in this Agreement, BOO OPERATOR
shall not create nor permit to subsist any Encumbrance on the Production Site or sub-
let any portion of the Production Site except with prior consent in writing of CPCL, which
consent CPCL shall be entitled to decline without assigning any reasons.

30.3. Sub-Contracting

30.3.1. BOO OPERATOR shall not be entitled to sub-contract its obligations under this
Agreement without obtaining prior approval of CPCL. Minimum activities that shall be
performed by the BOO OPERATOR directly and shall not be sub-contracted include

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Overall Project Management, Planning, Scheduling, Monitoring, Procurement Services,

Quality Control, Construction Management, Mechanical Completion, Commissioning,
PGTR & Operation and Maintenance for continuous period of Twenty-five (25) years.

30.3.2. Notwithstanding anything contained in this Agreement, sub-contracting its obligations

shall not in any manner whatsoever relieve BOO OPERATOR from any of its obligation
or liability under this Agreement and BOO OPERATOR shall at all times remain
responsible for any act or omission of all its sub-contractors, as if they were the acts or
omissions of BOO OPERATOR.

30.3.3. BOO OPERATOR shall procure that each and every contract entered into by it is in
accordance with Applicable Laws.

30.4. Deleted
31. TERMINATION

31.1. BOO OPERATOR Event of Default

31.1.1. Subject to Clause 31.2, CPCL shall be entitled to terminate this Agreement upon
occurrence of any of the following events:

(a) BOO OPERATOR has Abandoned the GHGU for a consecutive period of 6
(six)weeks;
(b) BOO OPERATOR fails to Commission the GHGU within 6 (Six) months from
the Scheduled Delivery Date;
(c) BOO OPERATOR fails to obtain and maintain the Performance Security in
accordance with the terms of this Agreement;
(d) BOO OPERATOR is in material breach of the terms and conditions of this
Agreement;
(e) Any interference with/disruption of the operations of the Refinery caused
due to acts/omissions of BOO OPERATOR;
(f) BOO OPERATOR fails to supply Gaseous Green Hydrogen for a continuous
period of 6 (six) months;
(g) Unscheduled Outage time period attributable to BOO operator as per Clause
No. 15.1 of Conditions of Contract, exceeds 300 hours for any block 3
(three) consecutive years.
(h) Deleted
(i) Any representation or warranty of BOO OPERATOR herein contained, which
is as of the date hereof, found to be materially false, incorrect or misleading
or BOO OPERATOR is at any time hereafter found to be in breach thereof;
(j) Dissolution of BOO Operator, or commencement of insolvency resolution
process or liquidation or bankruptcy proceeding under Insolvency and
Bankruptcy Code,2016(Code) or any other applicable law.
(k) An execution is levied on the assets of BOO OPERATOR at the Production
Site;

(l) BOO OPERATOR repudiates this Agreement or otherwise takes any action or
evidences or coveys an intention not to be bound by the Agreement;
(m) BOO OPERATOR creates any Encumbrance in breach of this Agreement.
(n) BOO OPERATOR fails to obtain and maintain insurance policies in accordance
with the terms of this Agreement;
(o) If the BOO Operator violates any of the terms and conditions of the license
deed which culminates into termination of the license.

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(Each of the events described under Clauses 31.1.1 (a) to 31.1.1(n) shall
hereinafter be referred to as “BOO OPERATOR Event of Default”)

31.2. CPCL shall not enforce its rights to terminate this Agreement in the circumstances
described in Clause 31.1 unless and until:

31.2.1. CPCL serves on BOO OPERATOR notice specifying the breach complained of and
requiring BOO OPERATOR to remedy it (if capable of remedy); and

31.2.2. BOO OPERATOR fails to remedy the breach (if capable of remedy) within 30 (thirty) days
after notice from CPCL to do so. Provided that CPCL shall be entitled to terminate this
Agreement immediately (and without providing any time period for remedying the
breach) if such event adversely affects the operations of the Refinery.
31.3. The requirement of providing a notice under Clause 31.2 shall be limited to such
circumstances which are capable of being remedied. If there is a breach which, in the
reasonable opinion of CPCL, is not capable of being remedied, CPCL shall serve on BOO
OPERATOR notice specifying the breach complained of and requiring BOO OPERATOR
to prove within 15 (fifteen) days its ability to remedy the breach. Subsequent to the
15 (fifteen) day period, if, CPCL, in its reasonable opinion (and notwithstanding BOO
OPERATOR’s efforts to prove its ability to remedy the breach), arrives at the conclusion
that the breach is not capable of being remedied, CPCL shall not be required to comply
with Clause 31.2 and shall have the right to terminate this Agreement forthwith. BOO
operator may claim time extension for scheduled delivery date in case of delay
attributable to CPCL and Force Majeure as defined in the Condition of contract.

31.4. Purchase of the GHGU pursuant to termination under Clause 31.1

In the event of termination on account of BOO Operator’s default under Article 31.4.1. &
31.4.2. below, CPCL will have the option to forfeit the Performance Bank Guarantee of the
BOO operator, if applicable.

Prior to Scheduled Delivery Date

31.4.1. In the event of occurrence of an BOO OPERATOR Event of Default under Clause 31.1
prior to the Scheduled Delivery Date, BOO OPERATOR shall transfer possession of the
Production Site back to CPCL and CPCL shall not be required to pay any termination
payments to BOO OPERATOR on account of such re-transfer. Additionally, BOO
OPERATOR shall be liable to indemnify CPCL all costs and expenses associated with
appointment of a substitute operator to operate and maintain the GHGU.

Post Scheduled Delivery Date

31.4.2. In the event of the occurrence of an BOO OPERATOR Event of Default after the Scheduled
Delivery Date, CPCL or its nominee shall have the right, but not the obligation, to
purchase the GHGU from BOO OPERATOR at a price which shall be equal to [80% (eighty
percent)] of the Book Value of the GHGU, without reference to any moveable assets or
equipment. Additionally, BOO OPERATOR shall be liable to indemnify CPCL all costs and
expenses associated with appointment of a substitute operator to operate and maintain
the GHGU. Unpaid dues will be settled by CPCL as per contract terms & conditions in
case of termination

31.5. CPCL Event of Default

31.5.1. Subject to Clause 31.6, BOO OPERATOR shall be entitled to terminate this Agreement
upon occurrence of any of the following events:

(a) CPCL fails to hand over possession of the Production Site in accordance with

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the terms of this Agreement;

(b) CPCL fails to maintain the Stand-by Letter of Credit in accordance with the
terms of this Agreement;
(c) CPCL fails to make payments in accordance with the terms of this
Agreement for a consecutive period of 3 months;
(d) CPCL is in material breach of the terms and conditions of this Agreement;
and
(e) Any representation or warranty of CPCL herein contained, which is found to
be materially false, incorrect or misleading or BOO OPERATOR is at any time
hereafter found to be in breach thereof;

(Each of the events described under Clauses 31.5.1 (a) to 31.5.1(e) shall
hereinafter be referred to as “CPCL Event of Default”)

31.6. BOO OPERATOR shall not enforce its rights to terminate this Agreement in the
circumstances described in Clause 31.5 unless and until:

31.6.1. BOO OPERATOR serves on CPCL notice specifying the breach complained of and
requiring CPCL to remedy it (if capable of remedy); and CPCL fails to remedy the breach
(if capable of remedy) within 30 (thirty) days after notice from BOO OPERATOR to do
so.

31.7. Purchase of the GHGU Pursuant to Termination Under Clause 31.5

Prior to Scheduled Delivery Date

31.7.1. In the event of the occurrence of an CPCL Event of Default prior to the Scheduled
Delivery Date, and BOO OPERATOR seeks to exercise its right to terminate this
Agreement in accordance with Clause 31.5, CPCL (or its nominee) shall have the
obligation to purchase the GHGU from BOO OPERATOR at a price, which shall be equal
to 100% (one hundred percent) of the Replacement Value of the CWIP of the GHGU,
without reference to the movable assets and equipment and BOO OPERATOR shall
transfer possession of the Production Site back to CPCL and CPCL.

Post the Scheduled Delivery Date

31.7.2. In the event of occurrence of an CPCL Event of Default subsequent to the Scheduled
Delivery Date, and BOO OPERATOR seeks to exercise its right to terminate this
Agreement in accordance with Clause 31.6, CPCL shall have the obligation to purchase
the GHGU from BOO OPERATOR at a price which shall be equal to 100% (one hundred
percent) of the Replacement Value of the GHGU, without reference to the movable
assets and equipment.

31.8. This Agreement shall automatically terminate upon completion of 25 (twenty-five) years
from the First Delivery Date, unless the Term of this Agreement is extended in writing
by the Parties.

32. CONSEQUENCES OF TERMINATION

32.1. Termination for any reason of this Agreement shall be without prejudice to:

32.1.1. any rights or obligations which may have accrued hereunder prior to the date thereof,
including without limitation any rights to compensation or damages which may have
arisen from any failure to pay, observe or perform which gave rise to a right to terminate
under Clause 31.1 or Clause 31.5 which was exercised; and

32.1.2. the continued effect and operation of any terms of this Agreement which contemplate

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post- termination operation.

32.2. Upon the expiry or early termination of this Agreement for any reason whatsoever, BOO
OPERATOR shall, at its own cost and expense (save as otherwise stated herein) and
upon payment of such amounts as provided under this Agreement:

32.2.1. The land license shall automatically stand cancelled & the BOO operator shall hand over
and vacate the Production Site

32.2.2. immediately remove from the Production Site all loose plant, loose equipment, vehicles
and other equipment, furnishings, furniture, stocks and other items of whatever nature,
previously used or to be used by BOO OPERATOR in relation to the execution of the
GHGU. If, in breach of this Clause 32.2.2 any of such items has/have not been removed
from the Production Site within 180 (one hundred and eighty) days after termination for
any reason of this Agreement, the same or such part thereof as has not been dismantled,
removed or have not been taken away from the Production Site shall vest in CPCL, free
from any Encumbrance and free of any cost or liability to compensate BOO OPERATOR
in respect thereof.

32.2.3. CPCL may (without prejudice to any other rights or remedies to which it may be entitled)
itself remove, or arrange for the removal, from the GHGU any such item or items not
removed and dispose of the same as it may in its sole discretion think fit without any
liability to account to BOO OPERATOR for any proceeds of such disposal;

32.2.4. immediately (except to the extent necessary in order to enable compliance with this
Clause 32.2) remove from the Production Site all personnel previously employed in the
GHGU;
32.2.5. immediately hand over to CPCL all Information in its possession or control including such
Information insofar as it related to the execution of the GHGU (including all immovable,
movable and intangible property / intellectual property), save to the extent that BOO
OPERATOR is required by Applicable Law to retain such Information in which event it
shall hand over copies to CPCL. BOO OPERATOR may in any event retain copies of any
such information so handed over;

32.2.6. immediately disclose to CPCL in writing full particulars of all continuing contracts of any
description with third parties relating to the design, financing, construction, testing and
commissioning of the GHGU and, upon request in writing from CPCL within 30 (thirty)
days after any such disclosure, assign, novate and / or transfer to CPCL (or as it may
direct) the benefit to the maximum extent that BOO OPERATOR is able to assign and
transfer the same of any such contract (including for the avoidance of doubt, insurance
contracts, guarantees and warranties) in consideration of CPCL’s assumption of the
obligations under or pursuant to such contracts, as CPCL may specify in that request.
CPCL shall have the right to conduct a due diligence of the contracts and agreements,
the rights and obligations of which it is assuming and shall not be bound to assume the
rights and obligations of contracts that, in the sole opinion of CPCL are unreasonably
onerous. In order to facilitate any such assignment and transfer which may become
relevant, BOO OPERATOR shall not restrict or remove by seeking, and shall endeavor
not to restrict or remove by agreeing to, the insertion in any third-party contract of any
term imposing any restriction upon or removing BOO OPERATOR’s freedom to assign
and transfer.

32.2.7. Notwithstanding anything contained in this Clause 32.2, no liability (accrued or

contingent) of BOO OPERATOR or relating to the GHGU arising on account of actions or
inactions prior to the transfer date shall be assumed or transferred to CPCL or its
nominees. CPCL or its nominees shall only be liable for liabilities in relation to the GHGU
arising subsequent to the transfer date.

32.2.8. Upon Termination of this Agreement the deed of license shall automatically terminate.

32.3. Further Assurance

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32.3.1. Following early termination for any reason of this Agreement, BOO OPERATOR shall at
its own cost and expense (or, if this Agreement is terminated by BOO OPERATOR
pursuant to Clause 31.5, at the cost and expense of CPCL) promptly execute all such
deeds and documents and do all such matters, acts and things as CPCL may from time
to time request.

32.3.2. In the event that CPCL opts to purchase the GHGU pursuant to Clause 31, BOO
OPERATOR shall continue to provide assistance, without any additional cost, to CPCL in
operation and maintenance of the GHGU for a period of 6 (six) months from the date of
purchase of the GHGU or for such longer period as may be agreed between the Parties.

32.4. Performance Security

32.4.1. Following termination of this Agreement for any reason whatsoever, BOO OPERATOR
may, by notice in writing expressly referring to this Clause 32.4 request the return of
the Performance Security. CPCL shall, unless it has made a call under the Performance
Security which has not been met in full, return the Performance Security to BOO
OPERATOR within 90 (ninety) days after receipt of such notice from BOO OPERATOR,
provided that all claims pertaining to BOO OPERATOR, under or pursuant to this
Agreement have been determined or settled in full prior to the expiry of the 90 (ninety)
day notice period.

33. HEALTH, SAFETY, SECURITY AND ENVIRONMENT

33.1. CPCL acknowledges that there are hazards associated with the use of Hydrogen gas.
CPCL agrees that its personnel involved in activities related to Hydrogen gas are
aware of the hazards and assumes all responsibility for warning and protecting its
employees and independent contractors of all hazards to persons and property
in any way connected with the handling of Hydrogen gas

33.2. CPCL will notify BOO OPERATOR of any hazards and safety procedures at CPCL’s Plant
and CPCL will notify BOO OPERATOR in advance of any anticipated construction,
renovation or change in operations in the area of the Metering Equipment site so that
any hazards associated with same can be minimized. CPCL shall be responsible for
complying with all relevant reporting obligations required by the Indian government
resulting from the presence at CPCL’s Plant of Product supplied under the Agreement.
CPCL will warn and protect its employees, contractors and others exposed to the hazards
posed by CPCL’s use and handling of Hydrogen gas

33.3. The BOO OPERATOR shall ensure that all the personnel / employees, contractors,
contract labours/ workers engaged by them in operating the Production Plant for
continuous supply of Hydrogen gas to CPCL shall follow all the safety rules as applicable.

33.4. CPCL will receive documents from BOO OPERATOR, including “BOO OPERATOR’s
Material/Product Safety Data Sheet(s) containing BOO OPERATOR’S safety and health
information pertaining to Hydrogen & Oxygen delivered for appropriate use into CPCL's
safety program. Each party hereby agrees to indemnify the other and hold the other
harmless from any actions, lawsuits, demands, claims, losses, expenses, costs, including
but not limited to legal fees, and damages, arising from the injury, illness or death of
their respective employees while engaged in activities connected with the Agreement,
whether or not such injury, illness or death is claimed to have been caused by, resulted
from, or was in any way connected with the negligence of the party to be indemnified.

33.5. BOO OPERATOR will design the Production Plant so that noise levels will not exceed
during daytime and night- time, the maximum limits provided in statutory guidelines at

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the Production Plant Site boundary for a continuous noise source during normal plant
operation. BOO OPERATOR shall provide to his employees all Personal Protection
Equipment and shall also comply with government regulations in this regard.

33.6. BOO OPERATOR will be solely responsible for fulfilment of all requisite statutory
obligations in vogue from time to time as per requirement of State Government, Central
Government pertaining to this Production Plant during entire period of Agreement.

33.7. BOO OPERATOR will make all endeavor to use Best Operating Practices.

33.8. Subject to requirement under environment clearance and other applicable norms and
regulations prescribed by the competent authorities and/or statutory authorities, the
Production Plant design shall be based on Design Basis and process specifications
throughout the Agreement period and the present Plot Plan of CPCL's Plant

33.9. BOO OPERATOR shall follow all applicable norms & regulations and perform all acts,
deeds, matters or things required by local, municipal and other statutory authorities
including conditions of Environmental Clearance (EC) & No Objection Certificate (NOC)
from Central Pollution Control Board / State Pollution Control Board.

33.10. CPCL has taken all necessary permissions/ certificates regarding Environmental
Clearance, No Objection Certificate (NOC) from Central Pollution Control Board / State
Pollution Control Board as applicable from the appropriate authority.

33.11. CPCL warrants that there are no toxic or hazardous materials or substances on, in or
under the Production Plant Site(s). CPCL shall indemnify and hold BOO OPERATOR
harmless from and against any and all claims, liabilities, costs (including attorney's
fees), expenses, damages, penalties and fines resulting from any breach of the
foregoing warranty or from any toxic or hazardous materials here after in, on or under
the Production Plant Site(s) which did not occur or result directly from BOO
OPERATOR’s performance pursuant to the Agreement.

33.12. Hydrogen, being a flammable gas, can readily explode if ignited when it
accumulates in confined space. Hydrogen fires pose a particular danger as they
are not visible to the human eye. Facilities producing hydrogen should conduct
Process Hazard Analysis (PHA) to pinpoint potential hazards. Gas dispersion
modelling should be utilized to identify areas where hydrogen leaks could
accumulate and potentially ignite, leading to explosions. If such locations are
identified, gas detection systems should be implemented. Additionally, fire
detection mapping should be employed to determine the necessary number
and placement of fire detectors to detect and respond to any incidents of these
“invisible” fires. Seating considerations should be taken into account to ensure
that occupied rooms and buildings are adequately distanced from areas where
explosions could potentially occur.

33.13. The Bidder shall ensure that the project is developed in strict accordance with
the Oil Industry Safety Directorate (OISD) Standard 241/other applicable
safety standards.

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34. LIABILITY AND INDEMNITY

34.1. BOO OPERATOR fully understands that it shall be fully responsible for any and all
liabilities and obligations accruing to CPCL by virtue of BOO OPERATOR carrying on
operations at the Production Site (including generation, handling, use, possession,
storage, custody, handling, delivery of Gaseous Green Hydrogen), construction,
operation and maintenance of the GHGU, including but not restricted to liabilities and
obligations with respect to safety and environment aspects and also liabilities arising
under applicable laws including Factories Act, labour laws, taxation laws, environmental
protection laws, safety laws, etc. BOO OPERATOR undertakes to fully indemnify CPCL for
any penalties, liabilities, demands, orders, assessment, fine, cess, interest and/or any
damages or other costs levied/demanded from CPCL owing to any acts, omission or
commission on the part of BOO OPERATOR in construction, operation, monitoring and
maintenance of the GHGU. BOO OPERATOR agrees and undertakes that it shall be fully
responsible for any and all risks, liabilities and obligations accruing to it by virtue of its
carrying construction and operations at the Production Site, including but not restricted
to liabilities and obligations arising under applicable laws including Factories Act, labour
laws, taxation laws, environmental protection laws, safety laws, etc.

34.2. BOO OPERATOR agrees that it shall be solely responsible during the Term in respect of
the people employed by it for carrying out any activity in connection with its GHGU for
the purposes of supplying Gaseous Green Hydrogen to CPCL. Any liabilities in respect of
claims arising out of death or injury to BOO OPERATOR’s employees or the employees
of any contractor/sub-contractor/agent appointed by BOO OPERATOR whilst engaged in
operations relating to the Production Site, or the activities undertaken under or pursuant
to this Agreement, shall be borne by BOO OPERATOR.

34.3. BOO OPERATOR accepts full liability in respect of any damage that may be caused to
the Refinery or any other CPCL property due to carrying out of operations as envisaged
under this Agreement at the Production Site.

34.4. BOO OPERATOR warrants each that its activities in relation to the Agreement shall not
infringe upon or violate any property or rights of any third party.

34.5. BOO OPERATOR undertakes to fully indemnify CPCL for any penalties, liabilities,
demands, orders, assessment, fine, cess, interest and/or any damages or other costs
levied/demanded from CPCL owing to any acts, omission or commission on the part of
BOO OPERATOR in construction, operation, monitoring and maintenance of the GHGU.

34.6. BOO OPERATOR Each Party agrees to indemnify, defend and hold harmless CPCL, its
directors, employees, officers, advisers, agents, contractors and sub-contractors from
and against all third party actions, claims, damages, proceedings, investigations,
liabilities or judgements and losses, damage, cost, charges and expenses of whatsoever
nature which arise from or in connection with or arising out of this Agreement, on
account of:

34.6.1. its representations and warranties are found to be misleading or untrue under this
Agreement;

34.6.2. its omissions or acts of fraud, gross negligence and willful misconduct;

34.6.3. failure to comply with its obligations under any Applicable Law(s);

34.6.4. its failure to comply with its obligations under the Agreement;

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34.6.5. personal bodily injury or death of any person (including the BOO OPERATOR’s personnel)
caused by, arising out of or in connection with its performance of this Agreement;

34.6.6. loss of or physical damage to property of the any person or any third party caused by,
arising out of or in connection with the performance of this Agreement;

34.6.7. the release of any hazardous material or toxic substances at the Production Site arising
out of development of and operations at the Production Site.

34.6.8. loss, liabilities, costs and expenses etc. incurred by CPCL in respect of any operational
losses (including, but not limited to, damage to goods), to the extent arising from the
breach, by BOO OPERATOR, of its obligations under this Agreement;

34.6.9. loss, liabilities, costs and expenses suffered by CPCL on account of breakdown of
electrical equipment, transmission lines delivering Renewable Energy to the GHGU; BOO
operator liability is limited to battery limit of GHGU and facilities developed by BOO
operator and/or

34.6.10. loss, liabilities, costs and expense incurred by CPCL in respect of delay and/or
disruption to the Refinery Unit to the extent arising from breach by BOO OPERATOR of
its obligations under this Agreement.

34.7. CPCL agrees to indemnify, defend and hold harmless BOO OPERATOR, its directors,
employees, officers, advisers, agents, contractors and sub-contractors from and against
all third party actions, claims, damages, proceedings, investigations, liabilities or
judgements and losses, damage, cost, charges and expenses of whatsoever nature
which arise from or in connection with or arising out of this Agreement, on account of:

34.7.1. its representations and warranties are found to be misleading or untrue under this
Agreement;

34.7.2. its omissions or acts of fraud, gross negligence and willful misconduct;

34.7.3. failure to comply with its obligations under any Applicable Law(s);

34.7.4. its failure to comply with its obligations under the Agreement.

34.8. BOO OPERATOR agrees and undertakes that in the event BOO OPERATOR fails to
commission the GHGU on or prior to Scheduled Delivery Date or with respect to any
Financial Year, BOO OPERATOR fails to deliver Gaseous Green Hydrogen corresponding
to the Annual Guaranteed Offtake Quantity, for reasons solely attributable to BOO
OPERATOR and CPCL opts to purchase carbon credits/renewable energy certificates from
the market or enter into similar arrangement of this nature in order to comply with
obligations arising under and pursuant to Applicable Law, it shall indemnify and save
harmless CPCL in respect of all costs, expenses, losses, claims, liabilities that CPCL may
incur in this regard.

34.9. For the purpose of provisions under Article 34, BOO OPERATOR’s liability includes all
liabilities of BOO OPERATOR and / or of all its associates, contractors, subsidiaries and
/ or any other agency lined up by BOO OPERATOR in relation to this agreement.”

34.10. Unless specifically provided in this agreement, neither party shall be liable to each other
for any indirect, incidental or consequential losses including (without limitation) loss of
revenue, loss of profits, loss of use, and loss of contracts.”

34.11. BOO OPERATOR fully understands that one of the reasons for it being a Successful Bidder

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is that it is an expert (and fully conversant with) in construction, operation, monitoring

and maintenance of the GHGU including safety and environmental aspects. BOO
OPERATOR fully understands that it will be fully responsible for any and all liabilities and
obligations accruing to CPCL by virtue of BOO OPERATOR carrying on industrial
operations in GHGU and / or operation and / or maintenance of GHGU, including but not
limited to liabilities and obligations with respect to safety and environment aspects and
also arising under various statutes such as the Factories Act, labour laws, taxation laws,
environment protection laws, safety laws, etc. BOO OPERATOR undertakes to fully
indemnify CPCL for any penalties, liabilities, demands, orders, assessments, fine, cess,
interest and / or any damages or other costs levied / demanded from CPCL owing to any
acts, omission, or commission on the part of BOO OPERATOR in construction, operation,
monitoring and maintenance of GHGU.”

34.12. BOO OPERATOR accepts liability for damage to CPCL property of whatsoever nature
which arise from or in connection with or arising out of this agreement.”

34.13. BOO OPERATOR shall fully indemnify and defend CPCL from any and all damages which
CPCL may suffer due to this agreement or become liable to pay by reason of any
demands, claims, suits or proceedings arising out of claims of infringement of any
domestic or foreign patent rights, copyrights or other intellectual property, proprietary
or confidentiality rights with respect to any materials, information, design or process
used by BOO OPERATOR in performing the obligations. If in any such suit, claim or
proceedings, a temporary restraint order or preliminary injunction is granted, BOO
OPERATOR shall make every reasonable effort, by giving a satisfactory bond or
otherwise, to secure the suspension of the injunction or restraint order. If, in any such
suit claim or proceedings, the Project, or any part, thereof or comprised therein is held
to constitute an infringement and its use is permanently enjoined, BOO OPERATOR shall
promptly make every reasonable effort to secure for CPCL a license, at no cost to CPCL,
authoring continued use of the infringing work. If BOO OPERATOR is unable to secure
such license within a reasonable time, at its own expense and without impairing the
specifications and standards, shall either replace the affected work, or part, or process
thereof with non-infringing work or parts or process, or modify the same, in 30 days’
time.

34.14. In the event CPCL receives a claim from a Third Party in respect of which it is entitled
to the benefit of an indemnity under this provision, it shall notify BOO OPERATOR of
receipt of such claim and CPCL shall not settle or pay the claim without the prior approval
of BOO OPERATOR, such approval not to be unreasonably withheld or delayed. In the
event that BOO OPERATOR wishes to contest or dispute the claim it may conduct the
proceedings in the name of CPCL subject to CPCL being secured against any costs
involved to its reasonable satisfaction.

34.15. CPCL shall have the right, but not the obligation, to contest, defend and litigate any
claim, action, suit or proceeding by any Third Party alleged or asserted against it in
respect of, resulting from, related to or arising out of any matter for which it is entitled
to be indemnified hereunder and their reasonable costs and expenses shall be
indemnified by BOO OPERATOR. If BOO OPERATOR acknowledges in writing its
obligation to indemnify CPCL in respect of loss to the full extent provided under this
Article, BOO OPERATOR shall be entitled, at its option, to assume and control the defense
of such claim, action, suit or proceeding liabilities, payments and obligations at its
expense and through counsel of its choice provided it gives prompt notice of its intention
to do so to CPCL and reimburses CPCL for the reasonable cost and expenses incurred by
CPCL prior to the assumption by BOO OPERATOR of such defense. The BOO OPERATOR
shall not be entitled to settle or compromise any claim, action, suit or proceeding without
the prior written consent of CPCL unless BOO OPERATOR provides such security to CPCL
as shall be reasonably required by CPCL to secure, the loss to be indemnified hereunder

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to the extent so compromised or settled.

34.16. If BOO OPERATOR has exercised its rights under Article 34.15, CPCL shall not be entitled
to settle or compromise any claim, action, suit or proceeding without the prior written
consent of BOO OPERATOR (which consent shall not be unreasonably withheld or
delayed).

34.17. If BOO OPERATOR exercises its rights under Article 34.14 then CPCL shall nevertheless
have the right to employ its own counsel and such counsel may participate in such action,
but the fees and expenses of such counsel shall be at the expense of CPCL, as and when
required.”

34.18. Total Liability of the BOO operator in this contract is capped at the value of (LCOH x
Annual Capacity). The capping of total liability is not applicable for liquidated damages
as per clause 25.2. The liability and indemnification obligations of each party outlined
elsewhere in respective clauses of the condition of contract shall exclude indirect,
incidental or consequential losses as specified in this clause no. 34.10.

35. TAXES AND DUTIES

35.1. Price basis w.r.t inclusion/exclusion of taxes

BOO OPERATOR shall bear and pay all corporate income taxes and/or turnover taxes,
if any, based upon or measured by its net income, and all taxes imposed on
corporations on account of their existence or their right to transact business. BOO
OPERATOR shall pay all duties, taxes and levies associated with the procurement of
BOO Operator’s equipment’s, chemicals, consumables, their transportation to the site
and erection & commissioning on the site:

 The price quoted by the BOO OPERATOR shall be inclusive of all taxes and duties
but excluding GST (i.e. IGST or CGST and SGST/UTGST applicable in case of
interstate supply or intra state supply respectively and GST compensation cess, if
applicable).

 Prices shall be furnished strictly in the appropriate price schedule format(s)

enclosed with the biding document.

Price quoted by the bidder, shall remain firm and fixed until completion of the contract
and would not be subject to any variation, except as otherwise specifically provided in
the enquiry document(s)in this agreement.

35.2. Taxes & Duties

35.2.1. Goods & Service Tax (GST)

34.2.1.1 BOO OPERATOR shall be required to issue tax invoice, in the name of owner, in
accordance with GST act and/or rules so that input tax credit can be availed by Owner.
In the event that the BOO OPERATOR fails to provide the invoice in the form and manner
prescribed under the GST act read with GST invoicing rules there under, Owner shall not
be liable to make any payment on account of GST against such invoice.

34.2.1.2 GST shall be paid against receipt of tax invoice and proof of payment of GST to
Government (or auto-population of input tax credit on GSTN portal). In case of non-
receipt of tax invoice and/or non-payment of GST by the BOO OPERATOR (or non-auto-
population of input tax credit on GSTN portal), owner shall withhold the payment of GST.

34.2.1.3 GST payable under reverse charge for specified goods/services under GST act or rules,

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if any shall not be paid to the BOO OPERATOR but will be directly deposited to the
government by Owner.
34.2.1.4 Where Owner has the obligation to discharge GST liability under reverse charge
mechanism and Owner has paid or is liable to pay GST to the government on which
interest/penalty becomes payable as per GST law for any reason which is not
attributable to Owner or ITC w.r.t such payment is not available to Owner for any reason
which is not attributable to Owner, then Owner shall be entitled to deduct/set off/
recover such amount against any amounts paid/payable by Owner to BOO OPERATOR.

34.2.1.5 The BOO OPERATOR shall always comply with the requirements of applicable laws and
provide necessary documents as prescribed under the rules and regulations, as
applicable from time to time. The BOO OPERATOR would be liable to reimburse or make
good of amount equivalent to the value of GST charged in tax invoice/debit note to CPCL
along with other consequential implications in cases where BOO OPERATOR defaults in
deposit of taxes to Govt. or non updation / incorrect updation of the invoice data in
GSTIN network or non-filling of returns or wrongly charges Integrated Tax in place of
Central Tax+ State/Union Territory Tax or vice versa or any other non-compliance of
tax laws; by issuance of suitable credit note to CPCL. In case, BOO OPERATOR does not
issues credit note to CPCL, CPCL would be constrained to recover the amount including
interest / penalty payable along with Statutory levy/Tax, if any, payable on such
recovery.

34.2.1.6 TDS under GST, if applicable shall be deducted from BOO OPERATOR’s bills/invoices at
applicable rates and a certificate as per rules for tax so deducted shall be provided to
BOO OPERATOR.

34.2.1.7 The BOO OPERATOR will be under obligation for charging correct rate of tax as
prescribed under the respective tax laws. Further the BOO OPERATOR shall avail and
pass on benefits of all exemptions/concessions available under tax laws.

34.2.1.8 E-way bills shall be issued by BOO OPERATOR, wherever required.

34.2.1.9 BOO OPERATOR will be required to quote applicable tax rate (along with applicable SAC/
HSN Code) as per provisions of GST law for all the line items forming part of the enquiry.
Any higher rate of tax actually invoiced in excess of quoted rate of tax (except in
compliance with provisions of Statutory Variation clause) shall be adjusted in basic price.

34.2.1.10 In case of delay in commissioning / failure in smooth operation as per contract, BOO
OPERATOR shall be liable to raise invoices for reduced value as per Price Reduction
Schedule (PRS) defined in clause 25. In case BOO OPERATOR raises invoice for full value,
then BOO OPERATOR shall issue Credit note towards applicable PRS amount and
corresponding applicable taxes.

34.2.1.11 In case if any financial implication arises on Owner due to issuance of invoice without
reduction in price or non-issuance of credit note, the same shall be to the account of
BOO OPERATOR. Owner shall be entitled to recover such GST amount together with
penalties and interest, if any, against any amount paid or become payable by Owner in
future to BOO OPERATOR.

34.2.1.12 In case of applicability of any penalty / recovery, as per provisions of contract, Owner
shall raise invoice / debit note on BOO OPERATOR after charging GST, if applicable, as
per prevailing provisions of GST law.

34.2.1.13 Any variation in GST or introduction of any new taxes/ levies, as an output tax on price
quoted by BOO OPERATOR in price form, after the bid due date till the contract period
shall be paid to BOO OPERATOR against submission of copy of relevant Govt.
Notification. Also, decrease in GST shall be passed on to Owner.

35.2.2. Custom Duties

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34.2.2.1 The BOO OPERATOR shall be responsible for timely payment of custom duties to the
relevant government authority including all harbor dues/ pilotage fees, port fees, wharf
fees, unloading costs, IGST etc. incurred in India in respect of any imported goods for
the project. BOO OPERATOR shall exercise due diligence in properly classifying the goods
and materials, undertaking the payment of custom duties, and/or otherwise complying
with all applicable laws w.r.t. any import of the goods and materials.
34.2.2.2 BOO OPERATOR shall indemnify owner against any penal action, interest /penalties by
the custom authorities for incorrect declaration and / or valuation of the goods or
material by the BOO OPERATOR, or otherwise on account of any breach of applicable
laws in the course of the import of the goods and material by BOO OPERATOR, the BOO
OPERATOR shall indemnify and hold harmless, Owner for any and all costs, expenses or
losses suffered or incurred by Owner in this regard.

35.2.3. Income Tax

34.2.3.1 Tax shall be deducted at source by owner on all sums due in accordance with the
provisions of Indian income tax act/rules as in force at the relevant point of time.

34.2.3.2 Owner shall issue a tax deduction certificate to the BOO OPERATOR evidencing the tax
deducted or withheld and deposited by owner on payments made to the BOO OPERATOR
to enable the BOO OPERATOR to claim the credit of Tax deducted at source by owner.
TDS certificates will be issued as per the due dates prescribed by the Income Tax
Department.

34.2.3.3 The BOO OPERATOR shall also be responsible for ensuring compliance with all provisions
of the direct tax laws of India including, but not limited to, the filing of appropriate
Returns and shall promptly provide all information / documents (including but not limited
to Form 10F, Tax Residency Certificate, PAN, No Permanent Establishment / Business
Connection Certificate etc., if applicable) as required by the owner for discharging any
of its responsibilities under such laws in relation to or arising out of the Contract. BOO
OPERATOR should note that if there is any delay in submission/ non submission of above
information/documents or if there is any change in the status of bidder based on
documents submitted, the payment to BOO OPERATOR shall be subject to additional
TDS / withholding tax as per the provisions of Indian income tax act/rules (without any
financial implication on Owner). For the lapses, if any, on the part of the BOO OPERATOR
and consequential penal action taken by the Income Tax department, the Owner shall
not take any responsibility whether financial or otherwise

34.2.3.4 The Indian Income Tax Act and rules made there under contains provisions permitting
deduction of tax at a lesser rate, if the BOO OPERATOR is able to justify to the Income
Tax Authorities such lesser rate of deduction. However, a deduction once made has to
be deposited by the Owner with the Income Tax Authorities in India and will not be
adjustable by the Owner. It is therefore in the interest of the BOO OPERATOR that prior
to release of any payment due to the BOO OPERATOR under the Contract that the BOO
OPERATOR obtains, from the relevant Income Tax Authorities in India, a certificate
specifying the rate of deduction / withholding of Income tax at source, failing which,
payment to the BOO OPERATOR shall be made by the Owner after withholding/deduction
at the rate as may be applicable to the BOO OPERATOR as per provisions of Income Tax
Act, 1961.

35.3. Evaluation of Price Bids

35.3.1. Cess under GST, if applicable, shall also be loaded for Price Bid Evaluation.

35.4. Tax Indemnity

35.4.1. Any omission/errors of interpretation of applicability of taxes and duties by the BOO
OPERATOR shall be on BOO OPERATOR’s account.

35.4.2. Any fine, penalty or levies, required to be met by the Owner, arising out of non-

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compliance with respect to Indian taxation provisions by BOO OPERATOR, BOO

OPERATOR’s personnel or such third party, shall be recovered from the amounts payable
to the BOO OPERATOR.

35.4.3. If any tax has been paid by BOO OPERATOR in pursuance of any demand on any account
including on account of suppression, fraud or wilful misstatement of facts; then the same
shall not be passed on to Owner under any circumstances.
35.5. Rent and Royalties

35.5.1. Unless otherwise specified, BOO OPERATOR shall pay all tonnage and other royalties,
rent and other payments or compensation (if any) for getting stone, sand gravel, clay,
bricks and other materials required for the works or any temporary works and it shall
be deemed to have been included in the quoted price. BOO OPERATOR shall also pay all
duties, taxes and levies associated with the procurement of BOO OPERATOR’s
equipment, chemicals, consumables, their transportation to the Production Site.

36. CONFIDENTIAL INFORMATION

36.1. All drawings, diagrams, specifications, operating data, pricing and costs and other
materials furnished by BOO OPERATOR relating to the use and/or delivery of Hydrogen
gas furnished hereunder and the information therein are proprietary to BOO OPERATOR.
CPCL may not reproduce or distribute such materials except: (a) to government agencies
for the purpose of obtaining permits; and (b) to CPCL's employees for the purpose of
carrying out their duties relating to the use of Hydrogen gas. In the case of any of the
aforementioned disclosures; CPCL "agrees to inform its employees or governmental
agencies that such information is the confidential information of BOO OPERATOR and is
to be treated accordingly. All such materials relating to Products supplied directly by
BOO OPERATOR (except information as may be established to be in the public domain)
shall be received in confidence and CPCL shall exercise the same degree of care to hold
such information in confidence as it uses with respect to its own trade secrets and/or
confidential and proprietary material. Unless otherwise agreed to by the parties, CPCL
agrees that it shall keep all such material confidential for a period, which shall expire
immediately after the expiry or termination date of the Agreement.

36.2. Any information or materials relating to CPCL’s plant, supplied directly by CPCL shall be
received in, confidence and BOO OPERATOR shall exercise the same degree of care to
hold such information in confidence as it uses with respect to its own trade secrets
and/or confidential and proprietary material.

36.3. It is understood that the foregoing obligation of confidentiality does not apply to
materials and information that: (i) was already known to the receiving party prior to the
disclosure of same hereunder, as evidenced by the receiving party's written records
prepared prior to such disclosure;(ii) was in or hereafter comes within the public domain,
other than by the receiving party's failure to fulfil its obligations hereunder; (iii) is made
available to the receiving party by a third party who does not have any direct or indirect
obligation of secrecy to the disclosing party; or (iv) is developed by the receiving party
independent of any disclosure under the Agreement as evidenced by its written records.

37. COORDINATION COMMITTEE

37.1. CPCL and the BOO OPERATOR shall, no later than 30 (thirty) days after the Effective
Date, establish a committee in order to enhance collaboration, cooperation and
coordination between the Parties with respect to the various actions contemplated under
this Agreement (the “Coordination Committee”).

37.2. The Coordination Committee shall consist of 1 (one) representative each appointed by
CPCL and BOO OPERATOR. A representative may be replaced from time-to-time by the
Party that appointed such representative. Each such appointment, removal or
replacement of a representative shall be made by giving notice thereof to the other

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Party.

37.3. Each representative appointed by a Party shall be authorized (and deemed to be

authorized) to represent and bind such Party with respect to all matters properly coming
before the Coordination Committee. Each Party shall bear the costs and expenses
incurred by, or on behalf of, its respective appointed representative in discharging their
obligations under this Clause 37.
37.4. Each representative may invite personnel from, or consultants engaged by, their
respective organization to attend a Coordination Committee meeting where input from
such personnel or consultants is required or desirable.

37.5. The Coordination Committee shall meet on a quarterly basis and upon 10 (ten) days’
prior notice from any Party’s representative, which notice shall include an agenda for
the proposed meeting.

37.6. Meetings of the Coordination Committee shall be held at such place as may be mutually
determined by the Parties. All decisions of the Coordination Committee shall be taken
unanimously by the Parties.

38. GOVERNING LAW AND JURISDICTION

38.1. Notwithstanding any other Court or Courts having jurisdiction to decide the question(s)
forming the subject matter of the reference if the same had been the subject matter of
a suit, any / all actions and proceedings arising out of or related to the contract or any
award arising therefrom, shall lie only in the court of competent civil jurisdiction in this
behalf at Chennai and only said court(s) shall have jurisdiction to entertain and try any
such action(s) and / or proceeding(s) to the exclusion of all other courts.

38.2. This Agreement shall be governed by and construed in accordance with the laws of
India.”

39. DISPUTE RESOLUTION

39.1. Deleted

39.2. Arbitration

39.2.1. In the event of any difference or dispute arising out of or in connection with the
Agreement, the representatives from both the parties shall meet within 14 days of notice
by either Party to the other Party, to negotiate in good faith to resolve the dispute. In
case the dispute is not resolved within 30 days thereafter, the difference or dispute
between the Parties shall be referred to the arbitration by an Arbitral Tribunal comprised
of 3 (three) arbitrators selected in accordance with the provisions of the Arbitration and
Conciliation Act, 1996.

39.2.2. The provisions of the Arbitration and Conciliation Act, 1996, as amended from time to
time, shall apply to arbitration proceedings.

39.2.3. The seat of the arbitration shall be Chennai. The language of arbitration shall be English.

39.2.4. The existence of any dispute or arbitration shall not operate as a suspension or discharge
of any rights or obligations of CPCL or BOO OPERATOR under this agreement.

39.2.5. The termination of the Agreement shall not result in the termination of any arbitration
proceeding pending at the time of such termination nor otherwise affect the rights and
obligations of the Parties under or with respect to such pending arbitration.

39.2.6. At any time prior to or during arbitration of any arbitral dispute(s) pursuant to this
agreement, BOO OPERATOR may seek resort to the Conciliation Machinery under the

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CPCL Conciliation Rules, 2014 as amended and/or re-enacted from time to time. The
proposal for conciliation shall be made to the General Manager. The said Rules are
available on the OWNER’s website.”
39.3. Continuing performance

39.3.1. While any Dispute under this Agreement is pending, the Parties shall continue to perform
all of their respective obligations under the Agreement without prejudice to the final
determination in accordance with the provisions under this Clause 39.

39.4. Conciliation

39.4.1. Deleted

40. MISCELLANEOUS

40.1. Language

40.1.1. This Agreement has been negotiated and executed in the English language. In the event
of any translation into any other language, this Agreement shall continue to be construed
and interpreted according to the English language version which shall therefore prevail
in the event of any conflict.

40.2. Modifications

40.2.1. No amendment or modification of or addition to this Agreement shall be valid unless

made in writing and signed by CPCL and BOO OPERATOR.

40.3. Entire Agreement

40.3.1. This Agreement constitutes the entire agreement and understanding between the Parties
hereto at the date hereof and accordingly supersede and cancel all prior agreements
(whether oral or in writing), requests for proposals, proposals, forms of offer, letters
and other documents in whatever form concerning the same.

40.4. Severability

40.4.1. If any term of this Agreement or its application to any circumstances shall, to any extent,
be invalid or unenforceable, the remainder of this Agreement and the application of that
term to other circumstances shall not be affected thereby, and each term of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.

40.5. Costs & Expenses

40.5.1. Each Party shall bear its own costs and expenses, including without limitation, all legal
expenses, in connection with this Agreement, its preparation, negotiation and/or
perfection.

40.6. Waiver of Immunity

 Deleted

40.7. Notices

40.7.1. Any notice, notification or other communication under or in relation to this Agreement
shall be given to the following:

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To BOO OPERATOR
Kind Attn: [●]
Address: [●]
Email: [●]

To CPCL
Kind Attn:
Address:
Email:

Each Party reserves the right to change its corresponding details, by informing the other
Parties. Any notice, notification or other communication under or in relation to this
Agreement shall:

(a) Be given or made in writing and shall be delivered by hand to, or sent by
prepaid post or by facsimile to, or E-mailed to the appropriate person,
address, facsimile number ore-mail address previously communicated for
that purpose by the parties to this Agreement, or such other address, or
e-mail address as the party to which it is given or made may have for the
time being substituted thereof by notice to the party giving; and

(b) in the case of delivery:

(i) by hand or sending by post, be effectively given or made upon

receipt at that address;
(ii) by e-mail, be deemed to be effectively given or made upon
production of a transaction report by the machine to which the
e-mail was sent which indicates that the e-mail was received in
its entirety to the e-mail address of the recipient and provided
that a hard copy of the notice so served by e-mail was posted
within the same day as the notice was served by electronic
means.

40.8. Waiver
40.8.1. Waiver, including partial or conditional waiver, by either Party of any default by the other
Party in the observance and performance of any provision of or obligations under this
Agreement:

(a) shall not operate or be construed as a waiver of any other or subsequent default
hereof or of other provisions of or obligations under this Agreement;

(b) shall not be effective unless it is in writing and executed by a duly authorized
representative of the Party; and

(c) shall not affect the validity or enforceability of this Agreement in any manner.
40.8.2. either the failure by either Party to insist on any occasion upon the performance of the
terms, conditions and provisions of this Agreement or any obligation thereunder nor
time or other indulgence granted by a Party to the other Party shall be treated or deemed
as waiver of such breach or acceptance of any variation or the relinquishment of any
such right hereunder.

40.9. Exclusion of implied warranties etc.

40.9.1. This Agreement expressly excludes any warranty, condition or other undertaking implied
at law or by custom or otherwise arising out of any other agreement between the Parties
or any representation by either Party not contained in a binding legal agreement

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executed by both Parties.

40.10. Survival

40.10.1. Termination shall:

(a) not relieve BOO OPERATOR or CPCL, as the case may be, of any
obligations hereunder which expressly or by implication survive
termination hereof; and

(b) except as otherwise provided in any provision of this Agreement expressly

limiting the liability of either Party, not relieve either Party of any
obligations or liabilities for loss or damage to the other Party arising out
of, or caused by, acts or omissions of such Party prior to the effectiveness
of such termination or arising out of such termination.

40.10.2. Save as expressly provided under this Agreement, all obligations surviving termination
shall only survive for a period of 3 (three) years following the date of such termination.

40.11. No partnership

40.11.1. The Parties agree that this Agreement shall be on principal-to-principal basis and that
neither Party shall hold itself out as an agent of other Party. This Agreement shall not
be interpreted or construed to create an association, joint venture or partnership
between the Parties, or to impose any partnership obligation or liability upon either
Party, and neither Party shall have any right, power or authority to enter into any
agreement or undertaking for, or act on behalf of, or to act as or be an agent or
representative of, or to otherwise bind, the other Party.

40.12. Rules of Construction

40.12.1. Each provision of this Agreement shall be construed as though all Parties participated
equally in the drafting of the same. Consequently, the Parties acknowledge and agree
that any rule of construction that a document is to be construed against the drafting
Party shall not be applicable to this Agreement.

40.13. Third parties

40.13.1. This Agreement is intended solely for the benefit of the Parties, and their respective
successors and permitted assigns, and nothing in this Agreement shall be construed to
create any duty to, standard of care with reference to, or any liability to, any person
not a Party to this Agreement.

40.14. Successors and assigns

40.14.1. This Agreement shall be binding upon, and inure to the benefit of the Parties and their
respective successors and permitted assigns.

40.15. Language

40.15.1. All notices required to be given by one Party to the other Party and all other
communications, documentation and proceedings which are in any way relevant to this
Agreement shall be in writing and in English language.

40.16. Counterparts

40.16.1. This Agreement may be executed in two counterparts, each of which, when executed
and delivered, shall constitute an original of this Agreement.

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41. Government of India - Exclusion of liability

CPCL is an independent legal entity with power and authority to enter into contracts
solely on its own behalf under the Applicable Laws of India and the general principles
of contract law. BOO OPERATOR expressly agrees and acknowledges that CPCL is not
an agent, representative or delegate of the Government of India and that the
Government of India is not and shall not be liable for any acts, omissions, commissions,
breaches or other wrongs arising out of the Agreement. BOO OPERATOR hereby
expressly waives, releases and foregoes any and all actions or claims, including cross
claims, impleader claims or counter claims, against the Government of India arising
out of the Agreement and covenants not to sue the Government of India for any
manner of claim, cause of action or thing whatsoever arising out of or under the
Agreement.

42. CONTRACT DOCUMENTS

42.1. The following documents duly signed and stamped shall constitute the Contract
documents, namely:

 Hydrogen Purchase Agreement

 Detailed Letter of Acceptance (DLOA) including Schedule of Prices
 Land License Agreement
 Letter of Acceptance
 Bidding documents along with all Addendums
 Letter of Waiver
 Secrecy Agreement (If applicable)
 Integrity Pact Agreement
 Tripartite Agreement (If applicable)

42.2. The above Contract Documents forming the Contract are to be read together as a whole
and are to be taken as mutually explanatory.

42.3. In case of an irreconcilable contradiction in the commercial terms or conditions or in

technical requirements or technical specifications to the extent that the two provisions
cannot co-exist, the order of precedence mentioned in Article 42.1 shall prevail.

42.4. Should there be any doubt or ambiguity in the interpretation of the Contract documents
or irreconcilable contradiction therein or should there be any discernible error or
omission in any Contract document, the BOO Operator shall, prior to commencing the
relative work or supply, as the case may be, apply in writing to CPCL for his decision for
resolution of the doubt, ambiguity or contradiction or correction of the error or making
good the omission, as the case may be. Should the BOO Operator fail to apply to CPCL
for his decision as aforesaid prior to commencing the relative work or supply, the BOO
Operator shall perform the said work or make the said supply, as the case may be, at
his own risk. The decision of CPCL in this regard shall be final and binding.

43. PUBLICITY

CPCL and BOO Operator will mutually agree as to the timing, form and content, prior
to issuing any press release, advertisement or announcement, or otherwise making
any public statement with respect to the transactions contemplated hereby, and will
not issue any press release, advertisement or announcement or otherwise make any
published statement concerning the transactions contemplated hereby to any third
party prior to receiving written Agreement with respect thereto from the other party,
except as may be required by law.

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44. STATUTORY APPROVAL

44.1. The BOO Operator at its sole cost and expenses shall acquire and maintain all requisite
approvals for the performance of its obligations under the Agreement except the
following:

a) Pollution control and environmental clearance from CPCB, GOI and Government
of Tamil Nadu State as the case maybe.

b) Environmental clearances from Ministry of Environment & Forest (MOEF), GOI.

Any other necessary approvals other than mentioned above are to be
obtained by the BOO Operator.

44.2. The BOO Operator shall obtain all necessary clearances(s), License(s) and will renew
them, wherever applicable, from time to time as required by the statutory bodies of
State Government & Government of India such as Factory Inspector, Boiler Inspector,
Chief Controller of Explosives, Chief Electrical Inspector, Central Electricity Authority
(CEA) etc.

44.3. The BOO Operator shall follow all statutory provisions of laws including Labour Laws and
Industrial Laws for entire scope of work of BOO Operator. Conformance to relevant
industrial rules & regulations of Central & State Govt. shall be ensured by the BOO
Operator during the entire period of Agreement.

44.4. The BOO Operator shall take all necessary steps for Registration, obtaining License /
Permission from the appropriate authority for owning the Tankages Facilities under its
own management. Further, the BOO Operator shall follow all applicable norms &
regulations and perform all acts, deeds, matters or things required by local, municipal
and other statutory authorities including conditions of Environmental Clearance (EC) &
No Objection Certificate (NOC) from Central Pollution Control Board / State Pollution
Control Board.

45. CHANGE IN CONSTITUTION OF THE BOO OPERATOR

The BOO Operator, whether an individual, Proprietary concern, Partnership firm, Private
limited Company or Public Limited Company, shall not make any change(s) in its
constitution, by transfer of substantial shareholding or of management (in the case of a
company) or by addition or deletion of Partners, change in the terms of Partnership, or make
any other material change(s) without prior intimation to and approval of IOCL. IOCL shall
review and revert on the proposal for change in constitution of the BOO operator within two
(02) months of intimation. Any such unauthorized change shall attract the provisions of
termination & takeover hereof.

46. MEASUREMENT AND CALIBRATION

46.1. The measurement of the quantity of the BOO Operator's Gas and the testing of the
quality shall be carried out at the Delivery Point in accordance with prevailing standard
practice followed at the Delivery Point and the corresponding standards listed in thie
Tender (Appendix A) at the time of delivery. BOO Operator may install new systems as
required under AGA for improvement in measurements and testing practices at the
Delivery Point. Both parties shall be present for all measurements and all ticketing of
deliveries shall be completed on a joint basis.

46.2. Gross and Net Calorific Value (GCV and NCV) shall be measured as per industry practice
and frequency shall be at least once for each Billing Period or as agreed otherwise.

46.3. The certificates of quantity and quality (or such other equivalent documents as may be
issued at the Delivery Point) of the BOO Operator's Gas shall, except in cases of

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manifest error or fraud, be conclusive and binding on both Parties for BOO Operator's
invoicing purposes and CPCL shall be obliged to pay the invoiced amount.

46.4. The Parties agree to joint calibration of the measurement and testing devices at
Delivery point in the frequency set forth on Schedule A.

46.5. If upon conducting a test of any measurement:

(a) any measuring equipment is found to have a margin of error (as per
recommendations of AGA), then the prior recorded measurements/results of such
equipment shall be deemed correct for computing the BOO Operator's Gas deliveries,
but the equipment shall be promptly adjusted to operate and record and/or test
correctly.

(b) any measuring system in the aggregate is found to have a margin of error which
exceeds the value as per recommendations of AGA, then, for the period for which such
device has been known or is mutually agreed to have been so inaccurately functioning,
the recorded measurements/results of such equipment shall be corrected to zero (0)
margin of error for such period. If, however, the period of such inaccurate functioning
of the device is not known or is not mutually agreed upon, then, at least for the period
equivalent to half the time elapsed since such device was last found to have a margin
of error of less than the value as per AGA recommendations, the devices recorded
measurements/ results shall be adjusted to a zero (0) margin of error.

46.6. Any claim as to shortage in quantity and/or defect in quality of the BOO Operator's Gas
shall be made by written notice to BOO Operator immediately after such apparent
shortage and/or defect is/are discovered at the Delivery Point, provided that such
shortage and/or defect are greater than the value as per AGA recommendations, such
initial written notice shall be followed by a formal written claim within 15 days to BOO
Operator with all details necessary to evaluate the claim.

46.7. Either Party may challenge the calibration of a measurement device by depositing the
advance to the owner of such measurement device, double the cost of retaining an
Expert to test the calibration. An Expert is an independent and impartial person with
relevant qualifications and experience appointed by CPCL. If the recalibration test
results confirm the measurement equipment is outside of acceptable parameters, the
advance shall be returned by the owner and the owner shall pay the costs of the
recalibration. If the recalibration test results confirm the measurement equipment is
properly functioning, the owner shall be entitled to pay the costs of the recalibration
from the advance and retain the balance of the advance. CPCL shall not raise any claim
for interest over the advance amount so deposited and the decision of the Expert
appointed for the purpose of testing the calibration of the device shall be final and
binding on the parties and shall not be subject to arbitration.

46.8. In case any dispute between BOO Operator and CPCL in relation to the quality or
quantity of the BOO Operator's Gas delivered hereunder cannot be resolved amicably
through mutual consultation it shall be dealt as per the provisions contained in the
dispute resolution clause No. 39 (Dispute Resolution).

46.9. The Parties agree to validation of the measurement and testing devices at Delivery
Point every 2 or 3 years by an accredited inspector in accordance with normal practices.

46.10. If any measurement device is out of service or is registering inaccurately, the quantity
of the BOO Operator's Gas purchased and sold under this Agreement shall be estimated
by mutual agreement:

a. by correcting the error, if the proportion of the error is ascertainable by calibration

or test, or analytically in accordance with acceptable international gas industry
practice; or in the absence thereof;

b. by using the readings of a check meter in the case of measurement, if installed and

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accurately registering; or in the absence thereof;

c. by estimating the quantity of the BOO Operator's Gas delivered by comparison with
past deliveries during a period of similar conditions when the device was registering
accurately;

d. by using an alternate acceptable form of measurement and/or testing.

47. TRANSFER OF RIGHTS

47.1. Neither Party shall assign any of its rights or transfer or subcontract any of its
obligations under this Agreement without the prior written consent of the other Party.
In the event of an assignment in accordance with the terms of this Article, the assignor
shall nevertheless remain responsible for the proper performance of the Agreement.
Any assignment not made in accordance with the terms of this Article shall be void.

47.2. CPCL may assign its rights and transfer its obligations under this Agreement to its
Affiliate with the prior consent of the BOO Operator, which shall not be unreasonably
withheld. Provided that:

47.2.1. an entity shall qualify as an “Affiliate” of the Party if it, directly or indirectly, controls,
is controlled by or is under common control of such Party; the term “control” means
the right to cast more than 50% (fifty percent) of the votes exercisable at an annual
general meeting of such Party (or its equivalent) or ownership of more than 50% (fifty
percent) of the equity share capital of or other ownership interests in such entity, or
the right to direct the policies or operations of such entity;

47.2.2. Such Affiliate has the ability to perform all obligations of the Party under the
Agreement; and such Affiliate expressly assumes such obligations.

47.3. Provided that any such request of BOO Operator for assignment will only be considered
if the proposed assignee fulfills the techno-commercial criteria, prescribed in the bid
document at the time of submission of such request.

47.4. Acceptance of request for transfer/assignment shall be subject to approval of applicable

government rules/ regulations and guidelines prevailing at the time of such
assignment/ transfer.

48. INDEMNITIES

48.1. At, and downstream of, the Delivery Point CPCL shall be deemed to be in exclusive
possession and control of the Gas and fully liable and responsible for its arrangements,
appurtenance and properties including all gas pipelines and associated infrastructure
used by CPCL downstream of the Delivery Point and CPCL’s Facilities. Accordingly, CPCL
covenants and agrees to fully protect, indemnify and hold the BOO Operator, its
Affiliates and its officers, employees and agents harmless against any and all claims,
liabilities, costs, expenses, damages, or losses which may be made, asserted or
brought against the BOO Operator whether by CPCL, its employees or agents or by
third parties, on account of damage or injury to property or person or loss of life
resulting from, arising out of or in connection with the installation, presence,
maintenance or operation of the intake arrangements, appurtenance and properties of
CPCL or relating to the possession and handling of any Gas supplied under this
Agreement and further defend the BOO Operator at CPCL’s sole expense in any
litigation involving the BOO Operator, its Affiliates and its and their officers, employees
and agents in connection with matters referred to in this Clause 23.1.

48.2. The BOO Operator shall be deemed to be in exclusive possession and control of the
Gas upstream of the Delivery Point and fully liable and responsible for its
arrangements, appurtenance and properties including the BOO Operator's Facilities.

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Accordingly, the BOO Operator covenants and agree to fully protect, indemnify and
hold CPCL and their officers, employees and agents harmless against any and all direct
claims, liabilities, costs, expenses, damages, or losses which may be made, asserted
or brought against CPCL whether by the BOO Operator, its employees or agents or by
third parties, on account of damage or injury to property or person or loss of life
resulting from, arising out of or in connection with the operation of the intake
arrangements, appurtenance and properties of the BOO Operator and further defend
CPCL at the BOO Operator's sole expense in any litigation involving CPCL and officers,
employees and agents in connection with matters referred to in this Clause 23.2.

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PROJECT SCOPE OF WORK

for
BOO TENDER FOR
GREEN HYDROGEN UNIT (2 KTA) AT
CPCL MANALI

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1.0 GENERAL

1.1. This document indicates the scope of Work for Implementation of Green Hydrogen
Generation Unit and associated facilities on Build-Own-Operate (BOO) basis by the
BOO Contractor

1.2. Complete Scope of Work shall be completed within 24 months (22 M Mechanical
Completion + 2 M Commissioning) from the date of issue of Fax of Acceptance/Letter
of award/WO by CPCL.

1.3. The works shall be carried out as per the specifications, standards, codes etc.,
accordance with the terms of the Agreements. The Operation & Maintenance (O&M)
agreement shall remain in force for a period of 25 years from the first Delivery date,
unless otherwise terminated.

1.4. The technical specifications in this document are for reference purpose only. BOO
operator to decide on the same as per best engineering practice.

2.0 MAJOR FACILITIES TO BE CONSTRUCTED FOR GREEN HYDROGEN UNIT

Following Major Facilities to be developed/constructed as a minimum but not limited

to followings:

a) BOO Contractor to carry out site appraisal and obtain necessary approvals.

b) BOO Contractor to source Raw water required for the GHGU during the contractual
period.

c) BOO Contractor to source renewable power either from their own Renewable energy
power (Solar & Wind) plants or purchase renewable energy from third party Renewable
Energy (RE) power producer during the contractual period.

BOO operator to import power through independent 220KV or above transmission line
connected to STU or CTU. Development of entire OSBL infrastructure as well as ISBL
infrastructure including necessary liaising with concerned central, state & regulatory
authorities, obtaining of statutory & regulatory clearances, open access charges,
transmission charges, demand charges, etc. as applicable for ensuring successful
erection, commissioning & operation of the power import facility for 2 KTA Green
Hydrogen Unit shall be in the scope of BOO Operator" The transmission line
infrastructure should be 220 KV or above in double bus configuration having capacity
of 20 MVA or above. The distribution grid transformers to be used shall match the load
requirements of the proposed plant at all capacities of operation during the entire
operational life of 25 years. BOO operator shall consider sufficient design margins to
avoid mismatch in plant load and grid transformer capacities that may lead to
replacement of the grid transformer.

d) Design, Supply, Construct, test, commission of Electrolyzer Package (proven Alkaline,

PEM Technologies or equivalent in the field of water electrolysis) or SMR plant based
on compressed bio gas, for generating the annual green Hydrogen quantity of 2000
MT per annum on 8000 hours’ basis along with associated facilities (like Power System
Package, DM Water Package, De-Oxidizer Package, H2 and O2 Purification Package,
Compressor Package, ETP package with Zero Liquid Discharge (ZLD) & any other
package/Equipments/item, as applicable).

e) Design, Supply, Construct, test, commission, and handover to CPCL of the identified
headers (Green hydrogen and Oxygen or any other utilities pipelines, as required) from
GHGU battery limit to CPCL Refinery b/l after commissioning of the project. Tie-

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up/hook-up at designated location on existing pipeline headers within CPCL refinery
premises & installing double block and bleed arrangement with spectacle blind at the
hook-up points shall be taken up by the client.

f) Design, Supply, Construct, test and Commission of all Mechanical, Civil & Structural,
Electrical & Instrumentation Items (i.e., Equipments, Package/Units (Process and
Utilities), Bulks items, Storage Tanks, etc.) as applicable/required for the Complete
facilities utilized for Green Hydrogen generation. Bidder also to provide the indication
of certain identified operating parameters of Green Hydrogen Unit at CPCL identified
panel. Alternatively, additional one no. of HMI to be provided by the Bidder to CPCL to
monitor the process parameter. Necessary FO cable will be laid by the CPCL.

g) Design, Supply, Construct, test and Commission facilities for all Utilities including Raw
water, DM water, service water, drinking water, cooling water, Instrument / Plant air,
Nitrogen, all types of effluents etc., whichever is required to be sourced by BOO
operator. BOO operator to ensure Zero Liquid Discharge from the premises.

During the Construction Period, BOO Contractor shall source Construction Water,
Construction Power or any other utilities required.

h) Metering System at delivery point: for measuring of Gaseous Green Hydrogen to CPCL
or any other Utility, as required.

i) Effluent Treatment Plant (ETP) and Zero Liquid Discharge Plant (ZLDP) scope shall
include Consistency Checks, HAZOP study, Process and Basic Engineering, Residual
Process Engineering, Detailed Engineering including design, all Procurement (including
but not limited to chemicals, catalysts, media, nutrient, microbes, solvents, special
tools and tackles, pre-commissioning spares, commissioning spares, start-up spares,
operation spares, consumables), Fabrication, Manufacturing, Quality Assurance,
Inspection & Expediting, Third Party Inspection (if applicable), Supplies,
Transportation, Insurance, Handling and Storage of all Equipment, Materials, items
and other Construction Materials at site, Construction Management & Supervision,
Construction and Installation, Testing, Insulation, Painting, First fill of chemicals,
microbes, nutrients, solvents, media and lubricants, Obtaining all Statutory Approvals
(except for Environment Clearance which shall be obtained by OWNER), Mechanical
Completion of Plant, Pre-commissioning, Commissioning, Start-up, Performance
Guarantee Test Runs, Preparation of plant specific operating manuals, Training and
other services, Operation and Maintenance for 25 Years for ETP- ZLDP system on single
point responsibility basis.

j) Construction of Boundary Wall or fencing of requisite height with gates, all around the
project plot area, meeting the statutory, local laws & OISD requirements.

k) Supply, Installation, Testing and Commissioning of fire-fighting system for required for
Plant/Facility, Control Room, any other buildings and OSBL (wherever applicable) as
well as clean agent system.

l) Design & development of Design & development of cold flaring facilities including
associated Flare piping & KOD (as applicable). BOO contractor scope of work include
disposal of gaseous, liquid including flare and solid effluent after necessary treatment,
as per statutory or local requirement.

m) Design (including structural & architectural) & Construction of all Buildings

requirements for Storage purpose, Security Office, Operator office, Canteen,
Administrative Office, Workshop, full-equipped Laboratory, Control-Room (s), Satellite
Rack Room (SRR), Sub-station(s), etc., as required for Operation & Maintenance of
the Project facilities.

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n) Construction of Roads within the project facilities (as per finalized layout) including
approach road to connect the project facility with the nearest public road.

o) Bio gas sourcing shall lie on the sole responsibility of the BOO Contractor, who shall
ensure uninterrupted supply of the Bio-gas feed meeting the requirements of final
Green Hydrogen generated as per specification, on continuous uninterrupted supply.
BOO Contractor shall source the bio-gas and ensure it is available at the required point
of supply of his GHGU Plant.

3.0 BROAD SCOPE OF WORK

3.1. It is the intent of this bid document to define the entire scope, specification, and
services of BOO CONTRACTOR. BOO CONTRACTOR shall be responsible to include all
such scope, specifications, and components for the facilities in order to meet the
Overall requirement of the BID DOCUMENT.

3.2. BOO Contractor’s scope for Process Engineering shall include Licensing, Basic Design,
Development of Process Package, Residual Process Design, Detailed Engineering,
HAZOP/ HAZID/SIL Study, QRA, EIA & Other Safety Studies as applicable/mentioned
in Bidding Documents, all Statutory Approvals & its compliance , Total Procurement
(including all supply of all items, equipment and construction material, chemicals,
Supply of Adsorbents/ Catalysts, first fill of chemicals and lubricants consumables for
commissioning & Operation, special tools and tackles, Pre-Commissioning Spares,
Commissioning Spares, Start-up spares & operational & Maintenance spares,
fabrication, erection, Installation of all plant machinery, erection of piping, electrical,
instrumentation, all Civil & Structural Works related to the Unit/Project, transportation,
Insurance, loading / unloading, Storing & material control, Construction of Temporary
facilities, temporary work, painting, insulation, fire-proofing, Construction, inspection,
testing, Pre-commissioning, Commissioning and conducting performance guarantee
test runs (hereinafter referred as “PGTR”), so as to complete the Green Hydrogen Unit
along with interconnection of H2 supply with CPCL facilities at CPCL Manali, in all
respects and Operation of the Green HGU to deliver Green Hydrogen of the required
quality and quantity at the HGU battery limits. Preparation of
Plant/Equipment/Package specific operating manual for Unit for sufficient, safe
operations, start-up and shut down and emergency handling of the facilities/unit.

3.3. Any item not identified specifically in the BIDDING DOCUMENT but may be required
for successful completion of facilities in all respects shall be deemed to be included in
BOO Contractor scope. BOO CONTRACTOR shall be responsible for all the data used
for the design of the facilities.

3.4. BOO CONTRACTOR shall provide efficient and adequate Project Management from start
of WORKS till Completion of all facilities. BOO CONTRACTOR shall appoint a competent
Project Manager for the duration of the WORKS who will be responsible for all phases
of the WORKS so as to ensure completion of the project between the project timelines.
Project will be executed through a dedicated, well qualified and experienced team.

3.5. BOO CONTRACTOR shall ensure compliance to OISD, PESO, etc. guidelines and all
other statutory regulations.

3.6. BOO CONTRACTOR has to follow the CPCL Painting Specifications for Surface
preparation and Painting, as required for ISBL/ OSBL scope of work.

3.7. BOO CONTRACTOR shall fully co-operate with, OWNER related to subject job and other
third parties authorized by OWNER (especially during job inside refinery premises) in
all phases of the WORKS.

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3.8. During detailed Engineering, BOO CONTRACTOR shall facilitate access for OWNER/
CONSULTANT’s designated personnel at Engineering sub-contractor/ his offices. BOO
CONTRACTOR shall provide logistics/ facilities in this regard.

3.9. BOO CONTRACTOR shall provide full assistance to OWNER personnel at all places
during the WORKS (Site, Vendor/Supplier workshop, Engineering office, etc.).

3.10. BOO CONTRACTOR shall develop & provide BDEP in accordance with requirements
given in this bidding document.

3.11. BOO CONTRACTOR shall follow CPCL engineering designs, current worldwide best
practices, the governing codes and in compliance with the Indian statutory regulations
in force.

3.12. BOO CONTRACTOR shall submit all documents as per the agreed schedule. BOO
CONTRACTOR shall provide drawings/documents listed in VENDOR DATA REQUIRMENT
as minimum requirements for submission to OWNER for approval/review or
information. BOO CONTRACTOR shall provide documentation keeping a review time by
OWNER of Seven (07) business working days to enable them to review and make
comments. BOO CONTRACTOR shall take action in a timely fashion, with respect to all
drawings, documents and other necessary information. BOO CONTRACTOR shall
respond to OWNER/ CONSULTANT observations/ comments within reasonable time not
exceeding Seven (7) business working days.

3.13. BOO CONTRACTOR shall provide proper clarification/explanation to OWNER personnel

during all phases upon request by OWNER for monitoring the BOO CONTRACTOR's
Work.

3.14. BOO CONTRACTOR shall procure and supply all equipment, packages and materials
required to construct the facilities including chemicals, catalyst etc. The procurement
functions shall include the securing of proposals from reputed suppliers, issuing of
purchase orders, expediting deliveries, performing the necessary stage-wise
inspections including arranging third party inspections (if required) and tests to ensure
quality and quantity, handling the shipping, receiving, unloading, customs clearance,
transporting to the SITE, warehousing of equipment /materials and insurance of the
equipment / materials. All Equipment and materials shall be newly purchased.

3.15. BOO CONTRACTOR shall provide all required construction equipment, tools, tackles,
instruments duly calibrated, and consumables (inclusive of erection, commissioning,
maintenance & operational spare parts) to enable all construction, pre-commissioning,
commissioning work, Operation & maintenance of the plant, as required for the project

3.16. Supply of Adsorbents, Catalysts, Chemicals, packing, desiccant, lubricants & any other
consumables required, for Commissioning as well as Continuous Operation of the plant.

3.17. BOO CONTRACTOR shall make all arrangements and shall be responsible for
transportation from suppliers’ works, shipment, transit insurance, custom clearance,
port handling and transportation from sea or airports/ suppliers’ works for all
equipment and materials including handling of consignments at SITE.

3.18. BOO CONTRACTOR shall undertake soil investigation and design & construct Civil
foundations, pilling, etc. as per latest standards, design basis /foundation philosophy
and construction methods.

3.19. BOO Contractor shall carry out complete route survey taking into account the overall
dimensions of Equipment sections from BOO Contractor works to site (including inside
the plant up to assembly point). It is the responsibility of the BOO Contractor to take

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approval from various statutory bodies indicated below for the movement of the
consignment.

 Ministry of Road Transport

 Electricity Board
 Railways
 P.W.D.
 Local Authorities
 Mercantile Marine Dept.
 Irrigation authorities
 Environment authorities

Any modification/repair etc. required on route including civil works are in BOO
Contractor’s scope. Also, any modification/repair including Temporary approaches
required shall be carried out by BOO Contractor.

3.20. BOO CONTRACTOR shall ensure safe working within the Refinery premises, without
any damage to existing facilities & Project site. However, in case of any damage to
existing facilities within refinery premises, BOO CONTRACTOR shall make good and
restore to the original condition without any loss to OWNER as per the schedule
specified by OWNER/CONSULTANT. In case of delays in making good the damages,
OWNER/ CONSULTANT reserves the right to make good and restore to the original
condition at the risk and cost of BOO CONTRACTOR.

3.21. BOO CONTRACTOR shall be responsible for the total disposal of construction waste
materials and final site clearance including removal of temporary facilities in
compliance with local regulations and as per directions of OWNER/CONSULTANT.

3.22. BOO CONTRACTOR shall construct the facilities in accordance with the contract
specifications and in compliance with safety rules and local regulations in force.

3.23. BOO CONTRACTOR shall be responsible for commissioning of the facilities including
PERFORMANCE GUARANTEE TEST RUN and shall demonstrate the operability of the
facilities.

3.24. BOO CONTRACTOR shall be responsible for insurance of the complete facilities during
construction phase & Operation of the plant. BOO CONTRACTOR shall also be
responsible for insurance of his personnel working at the Site, equipment, and
materials.

3.25. The security and watch and word of BOO CONTRACTOR ’s complete facilities during
construction phase & Operation of the plant shall be the responsibility of the BOO
contractor.

3.26. The BOO CONTRACTOR shall at all-time be exclusively responsible for any stock loss
or theft or both of them and shall continue to provide all services irrespective of such
stock loss or theft or both of them.

Notwithstanding anything to the contrary in this agreement, the BOO CONTRACTOR

shall make good of any losses and also keep the OWNER indemnified from and against
all losses and damages and costs, charges and expenses and penalties, actions, claims,
demand and proceedings whatsoever suffered or incurred by or against the OWNER,
in case of stock loss or theft or both of them.

3.27. BOO CONTRACTOR shall carry out all testing and certification activities in conjunction
with approved procedures.

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3.28. BOO CONTRACTOR shall undertake all obligations under this contract to meet the
guarantees as specified in this BIDDING DOCUMENT.

3.29. BOO CONTRACTOR shall provide and arrange for training to its Operation &
Maintenance team, for the correct and safe operation and maintenance of the facilities.

3.30. BOO CONTRACTOR shall obtain all Necessary Regulatory and Statutory Approvals
(except EC or NIPL clearance) for the Site works as well as Operation & Maintenance
of the facilities.

3.31. BOO CONTRACTOR shall consider the life span of all equipment and materials from the
date of first commissioning as per relevant standards/specifications.

3.32. BOO CONTRACTOR shall carry out internal technical and HSE audits at various stages
of engineering and construction to verify and ensure that quality requirements of the
facilities are strictly adhered to.

4.0 MEETINGS

4.1. KICK-OFF MEETING:

a) Meeting shall be held within 15 days after the FOA/WO AWARD. Key milestones for the
Project shall be discussed during KOM. The evolved Project strategy shall be presented
by BOO contractor during this meeting with focus on fast track BDEP Preparation,
Process design, Engineering, Execution philosophy, Procurement and Construction. All
activities will be monitored with respect to agreed Schedule. The forum shall be utilized
to put in perspective important issues pertaining to the Project implementation.

b) Key milestones for the Project shall be set during this crucial meeting in line with
project execution schedule of tender.

c) During the KOM, the communication protocol between Owner and BOO contractor shall
be finalized for smooth flow of information. BOO CONTRACTOR shall plan and schedule
all activities and report to OWNER / CONSULTANT in accordance with the requirements
of the BIDDING DOCUMENT and Project Timelines.

d) BOO CONTRACTOR, shall submit following document as a minimum, at the time of Kick
off Meeting:

i. Overall Schedule
ii. Schedule for preparation of BDEP
iii. Ordering schedule.
iv. Functional Engineering Schedule
v. Functional Procurement schedule
vi. Detail Construction schedule
vii. Detail activity plan (Work Plan)
viii. Milestone list
ix. QA/QC Plan
x. HSE Plan including working plan for working in a running unit
xi. Expediting of ordered material
xii. Inspection of ordered material
xiii. Shipping / Transportation of ordered material
xiv. Commissioning of Installed Facilities
xv. Project Planning, Scheduling, Monitoring and Control
xvi. Project Financing
xvii. Project Management.

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4.2. MONTHLY MEETING:

a) CPCL shall hold monthly meetings with BOO Operator to review and evaluate the
overall status and progress of the work and other matters relating to the work and to
review BOO Operator’s monthly report.

b) Regular attendees shall be as agreed between OWNER and BOO Operator. In addition,
the BOO Operator shall upon request provide appropriate representation covering the
relevant agenda items of the meeting.

c) The agenda for the monthly meeting as far as possible shall be settled by mutual
agreement within five (5) working days before the meeting. Indicative agenda items
for the meeting are as below:

i. Action taken report on previous month meeting

ii. Presentation on HSE
iii. Presentation by BOO Operator on Project status & major problems, Monthly
program vs progress status/statistics (Physical & Financial) Major hold ups /
slippage
iv. Completion outlook
v. Area of concern and critical issues
vi. Recovery action plan
vii. Status of Long lead / critical items
viii. Safety statistics

4.3. Management Meetings

Senior management meetings may take place between OWNER senior management
and BOO Operator senior management as agreed between the parties. As a minimum
BOO Operator should arrange such senior management meetings quarterly (once in
three months). The purpose of such review meetings will be to monitor project status,
highlight problem areas and obtain BOO Operator and OWNER commitment to
implement any necessary actions in order to maintain the agreed schedule. The venue
of such meetings will be at OWNER/ CONSULTANT Head office or BOO Operator Home
office location during engineering phase and at the work site during Construction phase
unless specified otherwise

4.4. Special meeting

OWNER or BOO Operator may from time to time request a meeting to be held in order
to discuss a matter of an urgent nature and which cannot be left until the weekly or
monthly meeting, covering a specific matter, requiring a dedicated meeting. In such
circumstances, the party requesting the meeting shall contact the other party and
agree upon the agenda, attendees, and timing of such meeting.

5.0 PREAMBLE

5.1. All equipment, machines, Packages, and bulk materials shall be procured from EIL
approved vendors only. However, if the items are not covered in EIL approved list, the
contractor shall propose any other reputed vendors/suppliers with proven track-record.
However, the concurrence of Owner shall be obtained prior to placement of order.

5.2. It is the BOO CONTRACTOR’s responsibility to make site visit and familiarize with site
Conditions in respect of exact size, layout, location, access, transport problem to site,
site storage and Construction of the proposed project. No consideration on account of
unfamiliarity with actual site condition shall be entertained after award of contract.

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5.3. In case of any conflicting requirements of various chapters, which are part of this
document, following order of priority shall govern in general. However, in case of
conflict, it shall be referred to Owner / CONSULTANT for clarifications and the decision
of Owner / CONSULTANT shall be final and binding on the BOO CONTRACTOR without
any cost and time implications.

A. Process Specifications attached with bid.

B. This document
C. CPCL Engineering design basis
D. Standard specifications.
E. National Codes
F. International Codes
G. The requirement of any statutory body like Indian Boiler Regulation (IBR),
Tariff Advisory Committee India (TAC), Petroleum and Explosive safety
Organization (PESO), Local Fire & Safety Clearances, Wet & Measure
Clearances, Environmental clearance, factory Inspector, Director General of
Civil Aviation Authority (DGCA) etc. shall govern where these are more
stringent than the requirements specified above.

5.6 Vendor’s specialist engineer shall be made available at BOO CONTRACTORs cost
during Erection, commissioning and guarantee run for all major/critical equipment’s.

5.7 The engineering design basis and technical specification provided in the tender are
general guidance. The same shall be referred in conjunction with best engineering
practices and conforming with applicable statutory norms in force. B/L tie in connections
shall follow requirements stated by CPCL.

6.0 PROCESS ENGINEERING

6.1. BASIC ENGINEERING DESIGN PACKAGE (BEDP)

a) BOO CONTRACTOR shall develop BEDP covering process schemes of all ISBL Piping,
list of equipment, catalysts & chemicals, services during detailed engineering, Heat
mass Balance, PFDs, P&IDs, PDS of Long Lead Items/Equipment’s (including H2
Purification Package, Compressor Package, etc.)

b) Cause and effect, Instrument PDS and the services for HAZOP, SIL study, pre-
commissioning, commissioning and PGTR.

c) OWNER shall participate/review the PFDs, Process datasheets, P&IDs, 3D Model

review, HAZOP, HAZID, QRA, RRA, EIA and SIL review, pre-commissioning,
commissioning and PGTR as per VDR Requirements.

d) Dimensioned Equipment Layout shall be finalized as a part of BDEP.

e) Hazardous item list along with categorization of A, B, C class equipment’s shall form a
part of BDEP.

f) Key inputs with respect to residual process design i.e. Control Valves and Pressure
Safety Valve sizes, Utility data of rotating equipment and interface data emanating out
of thermal designs of exchangers, Air Coolers and API datasheets of furnaces etc. shall
be detailed into the main BDEP during the review stages.

g) Hydraulic checks shall be performed as part of BDEP development.

h) Utility summary shall be provided

i) Preliminary Load summary shall be provided

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j) P&IDs shall be generated in Smart-Plant or equivalent / AUTOCAD P&IDs platform.

k) Thermal design of Equipment’s (as applicable) during BDEP preparation.

l) Scope of Supply and Interface for the BOO Contractor and responsibility shall be
inclusive, but not limited to the following: -

Sr. DESCRIPTION Responsibility REMARKS

ISBL Piping (Process, Firewater, Sprinkler, Piping

1. BOO Contractor
Utilities, etc.)

Carrying-out all interface engineering for complete

2. compatibility with respect to location/ specification for all BOO Contractor
incoming and outgoing pipelines.

OSBL Piping up-to tie-up/hook-up points, designated

within existing refinery premises including double block
3. BOO Contractor
and bleed arrangement with spectacle blind at the hook-
up points.
Catalyst, Solvent, Chemicals & Additives Storage &
4. BOO Contractor
Handling facilities
Design & development of flaring facilities including Flare
5. BOO Contractor
piping & KOD (as applicable)

Metering of all incoming & outgoing streams including

6. BOO Contractor
utilities (as finalized during BDEP)

Development of full-fledged Laboratory within project

premises with complete hardware/ instruments/ etc. as
7. BOO Contractor
required for analysis of samples of Hydrogen & any other
streams, required.

Arranging OEM specialist for review, HAZOP, HAZIP,

8. RRA, EIA, Site Installation, Commissioning, PGTR etc. for BOO Contractor
Equipment’s/Items / Packaged Items, as required.

6.2. SUPPLY OF CATALYST, CO-CATALYSTS & ADSORBENTS

6.2.1. BOO Contractor shall supply of Catalyst(s), Co-catalysts & Adsorbents and any special
equipment required for 1st charge as well as during operation of the plant. It is the
exclusive responsibility of the BOO contractor to ensure that requisite quantity of
catalysts, co-catalysts & adsorbents is supplied for commissioning and operation. In
case of any additional quantity is required during period as specified above, the same
shall be supplied/replenished by the BOO Contractor.

6.2.2. BOO Contractor shall also provide list of above CATALYST, CO-CATALYSTS &
ADSORBENTS for information, as & when sought by owner.

6.3. SUPPLY OF CHEMICALS, ADDITIVES & SOLVENTS

6.3.1. BOO Contractor / BOO shall supply all Chemicals, Additives, Lubes, Solvents, etc.,
(with minimum 20% Contingency quantity) for initial fill as well as during operation of
the plant, at the guaranteed capacity. It is the exclusive responsibility of the BOO
contractor to ensure that requisite quantity of Chemicals, Lubes, Additives & Solvents
is supplied for commissioning and operation. In case of any additional quantity is
required during period as specified above, the same shall be supplied/replenished by
the BOO Contractor
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6.3.2. BOO Contractor shall also provide list of above Chemicals, Additives & Solvents for
information, as & when sought by owner

6.4. GENERAL

a) Design (for Road & sea Transportation, based on route survey at various locations)
including feasibility route survey to Project Site for ODC consignment shall be done
by BOO contractor.

b) BOO CONTRACTOR shall carry-out HAZOP review & SIL study with participation of
OWNER and Supplier/Vendor representatives during detailed engineering.
Compliance of all HAZOP and SIL study punch points shall be responsibility of the
BOO Contractor.

c) HAZOP and SIL study shall be conducted by Independent HAZOP Chairman,

appointed by BOO Contractor.

d) BOO CONTRACTOR will carry out HAZID study to identify main hazards, to review the
effectiveness of selected safety measures and where required, to expand the safety
measures in order to achieve a tolerable residual risk.

e) BOO CONTRACTOR will carry out EIA, RRA & QRA study & its compliance for
units/facilities to provide numerical (quantitative) estimates to understand risk
exposure to people and environment. QRA study will account for potential releases
of hazardous material, their consequences (e.g., fire, toxic, explosion, etc.) and
estimated frequency of occurrence.

7.0 DETAIL-ENGINEERING

7.1. Design Philosophy

7.1.1. BOO CONTRACTOR shall adopt the design philosophy of various facilities, equipment
and materials as outlined in this BIDDING DOCUMENT. BOO CONTRACTOR shall
provide for the safe design, inspection, testing operation, and maintenance of the
facilities for the protection of the public and operating personnel.

7.2. Engineering

a) BOO CONTRACTOR shall be responsible for developing engineering specifications,

drawings and documents necessary to construct the complete facilities, as required. The
engineering design shall be performed in accordance with all requirements stipulated in
this BIDDING DOCUMENT.

b) BOO CONTRACTOR shall endeavor to maintain consistency amongst the various

equipment and instrumentation for ease of interchangeability, maintenance and
availability of spare parts.

c) The detailed engineering work will focus on the development of 3D Model. The
development of model shall be under focus right from the outset. Model review shall be
conducted at following three stages of model development with participation of the
CPCL/Consultant representatives shall participate in the model reviews (30%, 60%,
90%).

Compliance & implementation of all punch-points of 3D model review meeting shall be

responsibility of the BOO Contractor

d) The As-built P&IDs shall be prepared & issued by BOO CONTRACTOR and shall be
uploaded in the electronic document management system.

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e) Final documents shall be furnished after inspection of the equipment’s to as specified
elsewhere in the BIDDING Document.

8.0 PROCUREMENT

BOO CONTRACTOR shall perform all necessary procurement work in accordance with
requirements in the BIDDING DOCUMENT, development, operation & maintenance of
the complete facilities.

9.0 SCOPE OF SUPPLY

9.1 STATIC & MACHINERY EQUIPEMENT

9.1.1 PACKAGED EQUIPMENT: -

9.1.1.1 Design, Engineering, manufacturing, Procurement, Supply, Painting, inspection,

supply, transportation, site storage, installation, testing, Supply of commissioning,
operation & maintenance Spares, Commissioning and performance guarantee test run
of Packaged Equipment required for Green Hydrogen Unit Project and as described
in this Specification, its attachments and documents/drawings referred therein
forming a part of the tender document. BOO Contractor shall also ensure Original
Equipment Manufacturer (OEM) Supervision during erection and commissioning of critical
equipment is available, as per site requirements

9.1.1.2 BOO Contractor shall prepare the enquiry specifications/ documents for each Packaged
Equipment and materials to be purchased, in line with tender documents, CPCL
engineering design basis, standards specifications, codes, etc.

9.1.1.3 Bidder shall carry out the detailed review and approval of data sheets, engineering
& fabrication drawings and other technical data furnished by the respective Equipment
Vendors to ensure a safe, smooth and reliable operation at site.

9.1.1.4 BOO Contractor shall procure commissioning, operation & operational spares from
the original equipment manufacturers (as per their recommendation).

9.1.1.5 BOO Contractor shall supply Special tools and tackles as recommended by OEM for erection,
operation and maintenance of the offered equipment.

9.1.1.6 Foundation / Anchor bolts, nuts and washers.

9.1.1.7 Acoustic, Thermal Insulation of equipment, Fireproofing, Heat-tracing, wherever

applicable.

9.1.1.8 Necessary platforms, ladders for all the equipment, instruments and valves requiring
approach for manual operation, monitoring and maintenance.

9.1.1.9 Catalyst, lubricants, desiccants & consumables required for equipment

9.1.1.10 Pre-filters, Product & Off-Gas filters with standby, isolation valves, Differential
transmitters, etc.

9.1.1.11 Lifting lugs, earthing lugs and its connection with earthing pit.

9.1.1.12 Equipment falling under the purview of Indian Boiler Regulations (IBR)/PESO shall be
identified by the Contractor and compliance to the same shall be ensured. Design changes,
if required on compliance to IBR/PESO, shall be incorporated by BOO Contractor without
any cost and time implications.

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9.1.1.13 Painting (Primer & finish) shall be done as per finalised painting specification.

9.1.1.14 BOO Contractor shall be responsible for the transportation of all equipment to the
erection location.
Equipments which are transported by sea shall have sea-worthy packing. Recommended
preservation procedures shall be strictly followed by the Contractor during the period of
storage for all equipment.

9.1.1.15 BOO Contractor’s scope shall include transportation of equipment/

package from vendor’s shop at site, receipt of material at site, handling
and storage at site, transportation from storage area to the installation
site for installation & assembly at site.

9.1.1.16 All statutory clearances and permits from local, statutory and other bodies such as PESO,
Pollution control board etc.

9.1.1.17 Erection of Packaged Equipments: -

I. BOO Contractor shall carefully study the vendor drawings, manuals and other data
before start of the job to ensure correct erection, alignment, pre-commissioning
and commissioning.
II. BOO Contractor shall carry out the erection of each packaged equipment at the
specified location on the respective foundation.

III. BOO Contractor shall carry out the inter-connections at all interface points such as
main process and all utility connections.

IV. BOO Contractor shall arrange and use the proper specified/supplied handling
equipment (like cranes of required capacities) / lifting tools and manufacturer
recommended / safe handling procedure for erection of the equipment and their
driver and auxiliaries / accessories.

V. Temporary piping required for flushing, chemical cleaning, blowing shall be fabricated
and erected by the bidder. If not supplied by the vendor (equipment manufacturer),
temporary strainer for flushing shall be arranged by bidder. Permanent strainer shall
be installed wherever required or recommended by equipment manufacturer.

VI. BOO Contractor shall ensure that the lifting tools /accessories are attached to the
equipment at the place wherever it has been recommended by the equipment
manufacturer. In case the manufacturer has not recommended the place of
attaching the lifting tools / accessories on the equipment, the bidder shall decide
the place such that there is no damage is occurred to the equipment or any part
of that.
VII. All lifting tools and tackles including cranes should have valid test certificates/
certified by the competent authority

VIII. In case the equipment is received in knocked down condition, the

various parts shall be assembled as per manufacturer’s instructions. On the
basis of the part list provided and the handling procedures with the
equipment, BOO Contractor shall make suitable arrangements to move the
assemblies and sub-assemblies to the site. All parts of the equipment shall be
thoroughly cleaned with solvents to remove protective compounds if any,
before assembly.
IX. The alignment between the driver and the driven equipment shall be rechecked and
corrected as per the recommendations of the equipment manufacturer.

X. BOO Contractor shall carry out the inter-connections at all interface points such as
main process and all utility connections, as per respective equipment manufacturer
drawings. All the piping i.e. either main or auxiliary (for utilities) shall be cleaned
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(steam / water flushing) and then complete connections shall be made. Hydro-test
shall be carried out for all site fabricated piping.

XI. BOO Contractor shall ensure the presence of Original Equipment Manufacturer/ Package
vendor at site for supervision of erection of critical Packaged Equipment. BOO
Contractor shall also ensure that equipment manufacturer/ Package vendor checks the
correctness of erection of all packaged equipment prior to pre-commissioning.
Electrical & instrumentation sub vendors also may be present at site for erection
as required.

XII. BOO Contractor shall arrange for removal of all scrap and debris generated
during erection activities from the site before handing over the equipment for
commissioning activities

9.1.1.18 Pre-Commissioning and Commissioning of Packaged Equipment: -

I. Bidder shall carry out the pre-commissioning and commissioning activity at site for all
Packaged Equipment. The Bidder shall arrange a team of skilled labor for the pre-
commissioning and commissioning of all equipment.
II. Loading of Catalyst & Adsorbent in the package shall be done under the supervision of
Package Supplier. BOO Contractor to ensure that OEM supervision is available
during the loading of adsorbent

III. BOO Contractor shall arrange High Pressure Nitrogen for the leak testing of Hydrogen
purification package as per the quantity and design condition specified by the
package vendor.

IV. BOO Contractor shall ensure the presence of Original Equipment Manufacturer
(OEM or equipment vendor) at site for supervision of pre-commissioning,
commissioning & site testing (if reqd.) of each Packaged Equipment. BOO
Contractor shall also ensure that equipment manufacturer (Vendor) checks the
correctness of erection of all Packaged Equipment prior to pre- commissioning.
Electrical & instrumentation sub vendors also may be present at site for
commissioning as required.

V. BOO Contractor shall provide consumables, lubricants etc. required for

startup, pre- commissioning & commissioning and subsequent operation and
maintenance of all equipment at site. BOO Contractor shall carryout initial charge
(for flushing/cleaning of systems) of the lubricants & consumable. All the oil
systems shall be run, flushed and the oils changed by fresh charge.

VI. Unless indicated to the contract, all the packaged equipment (except material
handling equipment) shall be subjected to trial runs for a continuous operation
of 72 hours. BOO Contractor shall provide, as part of his scope, necessary skilled
personnel for conducting the trial runs round the clock during the trial runs period. Any
defects/shortfall in meeting the guaranteed parameters during the trial run shall be
rectified by him.

VII. Material handling equipment shall be subjected to trial run as per respective IS Code/
equivalent standard.

9.1.2 -STATIC EQUIPMMENTS INCLUDING TRAY & TOWER INTERNALS

9.1.2.1 SCOPE
The Scope of Static Equipment under this contract shall include Complete Design & Detail
engineering, Process Design (Hydraulic, thermal & Mechanical) & Sizing (wherever
applicable), Procurement, Fabrication, Assembly, Painting, Passivation for SS
Components, Cathodic protection/protective Coating, Electrical & Steam
tracing/jacketing (as applicable), Insulation, Fire proofing, Testing & Inspection,
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Supply, Transportation, Insurance, unloading at site, Erection, trial run, Pre commissioning,
Commissioning and performance guarantee test at site w.r.t all Equipment as listed below,
wherever required/ applicable in accordance with the Process Data sheets,
Specifications, CPCL Engineering Design basis, this Specification, other enclosed
Specifications /Standards/Drawings, applicable codes
 Reactor/Columns /Vessels/Tanks/Heat exchangers
 Air cooled heat exchangers/Agitators with
Drive assembly
 Electric Heaters,
 Demisters,
 Column Internals/Vessel Internals &
Packing
 Any other static equipment

Any Equipment / Item not specifically mentioned in this specification, but required to
make the unit complete, safe, operable and consistent with good engineering practices
shall be provided by the BOO Contractor and shall be deemed to have been included.
All Equipment shall preferably be supplied in single piece. However, in exceptional cases, Site
fabrication
/ Field assembly may be done.

Static Equipment as per above, including their following accessories & work.

Complete trays & tower internals including tower packing and associated tower
internals like support plate, distributor, feed pipes etc. as required
Complete internals like tower/vessel packing (including wire screens) and
associated tower / vessel support plate, bed limiter, bed support grid, strainer,
vortex breaker, distributor, feed pipes, Material handling equipment for Sock
and Dense loading, V- profile screen (when applicable), Demister/ Coalescer
including supports, all proprietary & non-proprietary internals, Companion Flanges
including bolting, gaskets, spares etc., Reactor internals, Catalysts, adsorbent, inert
balls, all packed beds etc.
All plates, pipes, forgings, flanges, fittings, fasteners, gaskets, blind flanges, stiffeners,
supports etc. required to complete the fabrication.
Complete Mechanical and Structural design (including stress analysis, FEM etc. as
required) for all Equipments.
Complete Mechanical Design of all Internals, as applicable.

Fatigue & Creep design through FEA, as applicable.

Design & Detail engineering of all Equipments including internals, mountings,
accessories & bought-out items.
Testing accessories like test rings, test flanges, dummy shells etc. as required for heat
exchangers. Operation & Maintenance Spares, as recommended by the
Equipment manufacturers.
Erection and commissioning spares, as recommended by the Equipment
manufacturers. Insulating material, primer & paints, fire proofing materials
wherever required.
All materials required for shot blast cleaning, chemical cleaning, passivation, surface
preparation, polishing, coating of internal surfaces, Cathodic protection etc.
Arranging of all equipment tools & tackles including all materials required for
inspection, testing (i.e., NDT, hydro testing, performance testing etc.) &
erection.
Arranging of all tools and tackles, templates for foundation and cranes for the
erection of all Equipments
Torque wrench, hydraulic bolt tensioner with accessories.
Earthing lugs/Name plates.
Providing of all necessary equipmetns and detailed procedures (wherever not
specified by BOO)
for filling (hoppers, sleeves, etc.) and storage. All consumables required for
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equipment during erection, commissioning, and performance guarantee test
runs.
Preparation and providing of check lists for all types of equipment to ensure
their correct installation, alignment, assembly, leveling, grouting and
completion.
BOO Contractor shall supply all packing & consumables items, etc. required for
equipment during pre-commissioning, commissioning and operation.
Route Survey, as required, en- route to
Project site Supply of Catalyst/Inert
balls/ Packing etc.
Transportation, loading, handling of Packing/ Catalyst.

Chemical cleaning/ Degreasing of equipments as applicable.

Storage, handling and preservation at site.
Site installation/ Erection of equipment and internals.
Hardstand preparation, compaction of ground,
wherever required. Trial run, Pre commissioning,
startup, Commissioning & operation.
Field testing includes performance tests, hydrostatic tests, vibration tests, noise level
test etc. as applicable.

Arranging all equipments, machinery, tools, tackles, lifting/ tailing equipment.

Design, materials, workmanship and Performance
Guarantee Co-ordination with sub-vendors,
OEM & CPCL
Statutory approvals
Certification by a notified body, as required.

9.1.2.2 Detail engineering of the equipments including all internals, mountings, accessories &
bought out
items.

9.1.2.3 All the items / packages / facilities shall comply with applicable national and
international codes & standards as well as any statutory regulation in existence
particularly for that item/ package.

9.1.2.4 Procurement of all materials including all Internals/accessories/attachments etc. Trial

assembly of all Internals at shop.

9.1.2.5 For shop fabricated equipments, Fa brication, Assembly, Inspection, PWHT, Testing
(including NDT, Hydro test, Pneumatic test, vacuum test, etc.), Painting, packing
(seaworthy when imported), forwarding, transportation to site etc.

9.1.2.6 For site fabricated equipments, Transportation, Loading/ Unloading, handling of rolled
components/petals/sub-assemblies to designated Fabrication yard, fabrication,
assembly, all NDT, PWHT, hydro testing, pickling & passivation of SS internals,
application of primer on completed
Equipments , cutting of Equipment in two sections (if required for handling &
transportation), weld edge preparation at fabrication yard and then reassembly, localized
NDT, local box type hydro testing, local PWHT etc. at assembly area, near foundation of
equipment, to be carried out by Equipment manufacturer.

{As far as possible, maximum fabrication activities shall be completed at shop including mockup
assembly, rolling of plates, nozzles to flange connection, strip cladding (if applicable),
Weld overlay/cladding of Nozzles etc.}

9.1.2.7 For Site assembled equipments, Fabrication of the complete equipment at shop,
carrying out all Inspection and tests including the hydro testing of entire Equipment in
single piece at shop, carrying out pickling & passivation of all internal SS surfaces (if

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applicable) and applying primer at shop. Cutting
of the Equipment in two sections after hydro test and drying up the complete
equipment. Preparation of weld edges for site re welding.

{Contractor shall consider extra length suitably (on either side of centerline of C-seam)
to account for cutting & re-welding of equipment section at site. Contractor shall trial
assemble the Equipment sections after edge preparation, match mark, provide
alignment/fitment cleats, spiders at open end sections to maintain circularity, etc., before
dispatch of equipment sections to site. Scope at shop also include supply of all materials,
fabrication, match marking, identification marking etc. of all platforms, ladders, cage
ladders, other structural works etc. Before dispatch of Equipment/Equipment sections
non-stick/washable coating shall be applied inside the equipment / equipment
section.}

9.1.2.8 Site erection of all Equipment including levelling, aligning, grouting and completing
the work in all respect as per drawings, specifications and instruction. It is desirable that
all columns erection is taken up in dressed up conditions i.e., erection along with circular
platforms, ladder, insulation (if applicable) & columns/vessel downcomers.

9.1.2.9 BOO CONTRACTOR shall himself perform the Procurement Inspection or may hired services
of Third- Party Inspection Agencies (TPIA) for Stage wise and final inspection), as per
finalised QAP.

9.1.2.10 Code stamping of Reactor / Heat Exchangers, as applicable.

9.1.2.11 Storage, handling, and preservation at site.

9.1.2.12 Obtaining statutory approvals.

9.1.2.13 Site erection of all equipments

9.1.2.14 Providing Cathodic protection in line with guidelines as required.

9.1.2.15 Fitting of Internal and External attachments/accessories.

9.1.2.16 Fabrication and Installation of all accessories such as ladders, platforms, tailing lugs
with stiffening arrangement, lifting lugs as required for Equipment.

9.1.2.17 Preparation of all Engineering drawings and Vendor documents.

9.1.2.18 Preparation & submission of Operating & Maintenance manuals.

9.1.2.19 Surface preparation, Primer and final painting, Insulation & Fire proofing.

9.1.2.20 Special surface preparation & polishing, if any.

9.1.2.21 Fitting of internals including filling of catalyst, inert balls, guard bed, packing.

9.1.2.22 Trial runs.

9.1.2.23 Field testing including Performance and Guarantee run tests, hydrostatic tests, vibration
tests, noise level tests etc.

9.1.2.24 Special testing as required.

9.1.2.25 Chemical cleaning and flushing including passivation.

9.1.2.26 Pre-commissioning and commissioning.

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9.1.2.27 Performance Guarantee as applicable.

9.1.2.28 Documentation as per Vendor data requirements

9.1.2.29 Any other requirement for safe & smooth operation.

9.1.2.30 Equipment falling under the purview of Indian Boiler Regulations (IBR)/PESO shall be
identified by the BOO Contractor and compliance to the same shall be ensured.
Design changes, if required on compliance to IBR/PESO, shall be incorporated by BOO
Contractor.

9.1.2.31 Documents submitted for review and information shall be strictly as per Vendor data
requirements enclosed elsewhere in tender document. All comments received from
Owner shall be complied with by the Contractor without any cost & time implication.

9.1.2.32 Design calculations including Thermal, hydraulics and Mechanical, Hydraulic/ Thermal/
Mechanical Design Software input files, Stress analysis files shall be submitted for
information. All these files shall be part of As-built documentation after completion of
project

9.1.2.33 Design for internal and external pressure, wind and seismic loads in all combinations,
Special loading combination provided by BOO, stress analysis, local load analysis etc.
shall be considered for the equipments.

9.1.2.34 Hydro testing of Equipment, if required as per specifications enclosed with package or
equipment, which are site fabricated/assembled, shall be performed at site.

9.1.2.35 BOO Contractor to provide specific maintenance instructions where required.

9.1.2.36 Equipment list shall also identify equipment requiring approval from statutory
authorities e.g. C.I.B. (Chief Inspectorate of Boilers), PESO (Petroleum & Explosive Safety
Organization) etc. and those requiring compliance to Petroleum rules etc.

9.1.2.37 BOO Contractor to ensure complete compliances of tender Document, CPCL Engineering
Design Basis, Specifications, Codes and Standards.

9.1.2.38 GENERAL NOTES: -

BOO Contractor shall be responsible for personnel and for their safety.
BOO Contractor shall ensure all permits including Hot Work Permits where required are
in place prior to commencement of applicable work, within CPCL refinery
premises. This includes contractor's permits as applicable and OWNER permits.
BOO Contractor shall be responsible for the transportation of all equipment to
the erection location, Equipments which are transported by sea shall have sea
-worthy packing. Recommended preservation procedures shall be strictly followed
during the period of storage for all equipment.
BOO Contractor shall at all times perform his work in a completely safe
manner in strict accordance with both industry and WORKSITE safety practices.
BOO Contractor shall be responsible for the maintenance and protection of all
equipment for the duration of the work, in accordance with vendor Preservation
Check List.
Equipment falling under the purview of Indian Boiler Regulations (IBR)/PESO shall
be identified by the BOO Contractor and compliance to the same shall be
ensured.

Design calculations/ documents for internal and external pressure, wind and seismic
loads in all combinations, Special loading combination provided by OEM, stress
analysis, local load analysis etc. shall be considered by BOO Contractor

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BOO Contractor shall provide specifications for the erection/installation of all
equipment which include special requirements as advised by Vendors and shall fully
detail all the requirements for the accurate, safe and technically correct
erection/installation of the equipment.

9.1.2.39 Any other scope not defined above but required to complete the work in all
respects drawings, specifications, CPCL engineering design basis, standards,
documents, codes, etc. shall be in BOO Contractor’s scope of work.
9.1.2.40 Equipment Erection/ Installation By BOO Contractor

I. BOO Contractor shall be responsible for personnel and for their safety.

II. BOO Contractor shall ensure all permits including Hot Work Permits where required are
in place prior to commencement of applicable work. This includes BOO Contractor's
permits as applicable and OWNER permits.

III. BOO Contractor shall be responsible for the transportation of all equipment to
the erection location. Equipment which are transported by sea shall have sea-
worthy packing and Nitrogen purging. Recommended preservation procedures
shall be strictly followed by the BOO CONTRACTOR during the period of storage
for all equipment.

IV. BOO Contractor shall be responsible throughout the duration of the CONTRACT for
any loss or damage to equipment. Any such loss or damage shall be brought to the
immediate attention of OWNER/EIL and arrangements made for repair or
replacement of item.

V. BOO Contractor shall at all times perform his work in a completely safe
manner in strict accordance with both industry and WORKSITE safety practices.

VI. No nozzles or other vital attachments on the equipment being lifted shall be used
as supporting or lifting points other than those which have been specifically
designed and designated for the purpose.

VII. BOO Contractor shall be responsible for the maintenance and protection of all
equipment for the duration of the work, in accordance with vendor Preservation
Check List, if any.

VIII. BOO Contractor shall be responsible for completing all work in accordance with the
work time schedule.

IX. BOO Contractor shall provide specifications for the erection/installation of all
equipment which include special requirements as advised by Vendors and shall fully
detail all the requirements for the accurate, safe and technically correct
erection/installation of the equipment.

X. BOO Contractor shall ensure all first fill chemicals and consumables are procured in
time.

XI. BOO Contractor shall procure and install all packing and internals including
proprietary internals.

XII. It shall be stenciled that “Equipment is stress-relieved, and no welding shall be

permitted after PWHT on all stress relieved equipment.

XIII. BOO Contractor shall comply with the requirements of Mechanical Completion as
described in the bid document.

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XIV. BOO Contractor shall provide specifications for the erection/installation of all Trays
& Internals, Reactor etc. which include special requirements as advised by Vendors
and shall fully detail all the requirements for the accurate, safe and technically
correct erection/installation of the equipment.

XV. BOO Contractor shall check for the special requirements for installation/ erection of HP
Exchanger from Supplier and follow the same taking care of all requirements.

9.1.3 ROTATING EQUIPEMNTS: -

9.1.3.1 BOO Contractor shall refer the tender package and note the following:

A. BOO Contractor shall carry out the following activities for procurement of Rotating
Equipments: -

BOO Contractor shall prepare the enquiry specifications/ documents for each
Rotating Equipment and materials to be purchased including spare parts (as
applicable) and special tools & tackles.

BOO Contractor shall fill all the required data/information in the partially filled in
Equipment data sheets formats forming part of the tender package for
preparation of enquiry specifications/ documents.

B. BOO Contractor shall carry out the detailed review of datasheets, engineering & fabrication
drawings and other technical data furnished by the respective Equipment Vendor in
order to ensure a safe, smooth and reliable operation at site.

C. BOO Contractor shall procure each Rotating Equipment Package consisting of

driver, driven equipment, all associated auxiliary systems, instrumentation & controls
etc. from the Single Point Responsibility Vendor as defined in CPCL Engineering Design
Basis-Rotating Equipment

D. BOO Contractor shall ensure that, all inspection and tests are conducted for all
equipment as applicable.

E. For all rotating Equipments in the unit covered in the subject BOO, Contractor shall procure
& ensure that availability of all Spares (Erection, Start-up, Commissioning, Operation &
Maintenance) at site.

F. All super critical and critical rotating equipment’s shall be equipped with
continuous online monitoring systems. Semi critical and non-critical equipment’s
shall be covered in scheduled condition monitoring plans.

G. BOO Contractor shall include all the Commissioning spares as required in the
equipment make it available well before commissioning of Plant/Equipment.

H. List of special tools and tackles required for all rotating equipment are to be included.

I. BOO Contractor Scope shall include Complete Supply, Transportation to site, receipt of
material at site, handling at site and arrangement for proper storage at site as
required.

J. Equipment, which is transported by sea, shall have sea-worthy packing. The Contractor
shall strictly follow the recommended preservation procedures during the complete
period of storage for all equipment.

K. BOO Contractor shall carry out the erection of each rotating equipment at the specified
location on the properly designed & cast foundation.

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L. BOO Contractor shall carry out the inter-connections at all interface points such as main
process and all utility connections.

M. BOO Contractor shall note that consumables, lubricants etc. required for startup,
commissioning, erection, operation & maintenance of Rotating Equipment shall be
included in supply.

N. A consolidated list for all rotating equipment shall be provided indicating type of
lubricant, grease, oil etc. giving specifications, quantities, brand name to Owner for
information.

O. BOO Contractor shall provide sufficient space for maintenance, dismantling and
platforms for maintenance.

P. BOO -Contractor shall carry out interface engineering and provide inter-connections at
all interface points like Main Process Interface at inlet, outlet and inter-stage
including each stage spill back recycle loop, utility connections, sealing fluid
connections etc. on as applicable basis.

Q. BOO Contractor shall ensure the presence of equipment manufacturer (Vendor)

at site for supervision of erection and commissioning of all Rotating Equipment
including dismantling and boxing up of equipment at site, if required, during
commissioning.

R. Noise shall be limited to a continuous equivalent sound pressure Level of 85dBA at a

distance of 1 m from skid of equipment. Sound attenuators/ Acoustic insulation, if
required, shall be provided as per standard to meet the requirement of noise
limitation.

S. All rotating equipment, drivers, auxiliary systems, instrumentation and control

systems, shall be provided with all necessary electrical and safety devices as applicable
or required for safe and reliable operation of the unit

BOO Contractor in his scope of supply and work shall also include the hardware required over
and above what is specified, for safe and satisfactory operation of the equipment
package.

T. Motors, electrical/instrument components and electrical/instrument installations

shall be suitable for the area classification and shall meet the requirements as
defined in the respective electrical/instrument specification attached with the
relevant sections of the tender document
/order.

U. BOO -Contractor shall install all maintenance facilities sized for handling the heaviest
single piece of equipment for maintenance (i.e. Maximum Maintenance Weight).
The required maintenance facilities like EOT/ HOT cranes, chain pulley blocks and
monorails for respective Rotating equipment shall be maintained by BOO -Contractor.
These facilities shall be as per requirements given in CPCL Engineering Design Basis.

9.1.4 PIPING: -

9.1.4.1 GENERAL

Contractor shall execute all the piping work & activities in totality for successful running and
trouble-free operation of plant as per required parameters listed elsewhere in tender
documents.
BOO Contractor shall execute all the piping work & activities in totality. The scope of work
shall include
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Detail Engineering, procurement, fabrication, erection, inspection, transportation,

Supply of all the piping materials to work site, storage, assembly, installation,
construction and testing of all facilities, including statutory approvals, and to achieve
mechanical completion, pre-commissioning, commissioning, operation & maintenance
including supply of all types of spares. The BOO Contractor shall be the single point
responsible Contractor for the entire scope of works & supplies. However Detailed
scope of work shall be as follows

9.1.4.2 BOO Contractor s scope shall include all engineering necessary for the completion
of detailed engineering with the final deliverable being the design of a complete, safe
and efficiently operating plant meeting all requirements of the Bidding Documents. To
achieve this objective, residual basic engineering work may also be found necessary.
Such basic engineering along with the associated detailed engineering is also in the
scope of BOO Contractor.

9.1.4.3 For cross-country pipelines, the BOO contractor shall obtain the Right of Way (ROW) and
necessary statutory approvals from the relevant authorities. Prevailing standards and
guidelines for cross-country gas transmission and distribution piping systems, such as ASME
B31.8, OSID standards, etc. must be adhered to.

BOO contractor shall use HDD technology for laying pipelines at road and railway line crossings in cross-
country pipelines, Guidelines and standards for HDD pipelines must be followed.
9.1.4.4 BOO contractor shall provide Leak detection system in the cross-country pipelines.

9.1.4.5 BOO Contractor shall include provisions for pigging in the cross-country Hydrogen line. BOO
contractor to perform timely intelligence pigging survey of this cross-country pipe lines

9.1.4.6 BOO contractor to ensure that the hydrogen cross country pipeline system is equipped with
the following:
1) Supervisory Control and Data Acquisition (SCADA)System.
2) Leak detection system with provision for identification/location of the leak and isolation
of affected section.
3) Facilities for controlled blow down.

9.1.4.7 The Scope of Work shall include complete design, detailed engineering, generation of 3D
model using SP3D/ PDMS or equivalent software (latest version)preparation of drawings and
documents, submission of documents and obtaining approvals, as per VDR, procurement &
supply of all materials and consumables deploying positive material identification, stress
analysis, flexibility analysis, fabrication, laying, erection, welding/ PWHT, tie-in, Instrument
connections as per P&ID and integration with existing system, maintenance provisions as
required, chemical cleaning, testing, flushing and pre- commissioning including steam
flushing drying, complete in all respects of all piping, which will result in successful
commissioning, operation and maintenance of the plant. In addition to the above-mentioned
piping scope within the battery limit of unit, the scope shall also include firefighting /
fire protection system, fire proofing, painting, insulation, steam tracing, electrical
tracing (if applicable) and steam jacketing (if applicable) of piping as per the P&ID's, line
schedule and specifications, coating wrapping etc. and also obtaining all statutory approvals
and clearance from local & International bodies / Safety clearances / technical & safety
audits etc.

The requirements detailed in the CPCL Engineering Design basis, Standards, specifications,
drawings etc. enclosed with the bidding documents are minimum, which the BOO contractor
has to follow. However, any improvement required during detail engineering shall be done
by BOO contractor, but at no extra cost/charge to the Owner

9.1.4.8 Supply Scope

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Supply shall include Procure, Supply, Perform mandatory tests & store all piping materials,
consumables including spring supports, bellows, expansion joints, strainers, MOVs, Special
Spool Pieces, steam traps, online filters, hoses (all type), couplings, Sight Glasses, Special
Check Valves, connectors, adaptors, safety showers, eye wash, etc required within the BOO
contractor's scope of work. List of all piping items to be procured and supplied is to be
submitted to Owner/Consultant.

Prepare Bill of Materials including material summary on the basis of P&ID’s GADs, and Isometrics
including fabrication allowance, pre-commissioning and commissioning spares, and
operational & maintenance spares.
Supply of bolt torque wrenches & bolt tensioning equipments, wherever applicable.

Supply of insulation materials with all accessories and execute all insulation jobs as per
specification, Supply & Applicable of Paint (Primer & Finish), piping supports, etc.

Supply of Utilities Stations, Hoses, couplings and adaptors, Eyewash & Safety shower, as
required. Length of hose shall be such that it covers 15 m (min) area all around the utility
stations.
Supply of Commissioning, Start up, Operation & Maintenance spares, as
required. Supply of all items required for electrical tracing in the unit.

Supply, Painting & Insulation of all steam tracing material including steam supply /
Condensate return manifolds, tracer pipes, steam traps & SS/CR manifolds, all supporting
material for tracing etc. & other piping items required for tracing as per specification
developed by BOO contractor. The specification of steam tracing shall be in line with the
requirements specified in bidding documents.

Supply of necessary blinds or additional valving not identified in P&ID's to isolate lines to
facilitate phased commissioning and startup of the plant.

Any other item, tools & tackles not specifically mentioned above but required to complete the
job is in BOO Contractor’s scope.

9.1.4.9 Codes & Standards: All piping shall be designed as per ASME B 31.1, ASME B 31.3 or ASME B
31.12(as applicab, ASME B.31.8 (as applicable) the contractor’s works, supplies and construction
shall comply with all codes/ standards,
Design Guidelines, CPCL Engineering design basis & standards & specifications etc. enclosed
in the bidding documents.

9.1.4.10 EQUIPMENT LAYOUT: - Equipment layout shall meet the other requirement such as erection
feasibility/ constructability, Lay down area, maintenance /operation accessibility,
statutory guidelines (e.g OISD/ PESO, IBR etc.), crane access / Hard stand inside ISBL for
maintenance of Equipments (such as Air Coolers located on Pipe rack /technological
structure), and for catalyst loading, access roads to unit etc.

The Equipment Layout shall be developed as per BDEP finalised & engineering design basis and
subsequent converted to issue for construction, during detail engineering by the BOO
contractor based on all inputs from process Vendor Data, Site Data etc.

9.1.4.11 Furnish final vendor drawings for piping items e.g. bellows, special tagged items etc.

9.1.4.12 The requirements contained in the CPCL Engineering Design Basis, Standards, specifications,
drawings etc. enclosed with the bidding documents are minimum, which the BOO
contractor has to follow. However, any improvement required during detail engineering
shall be done by BOO contractor, but at no extra cost to the Owner.

9.1.4.13 PMS & VMS: BOO contractor shall follow EIL PMS/ VMS. In case the same are not available for specific
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cases, BOO contractor shall develop detailed PMS (Piping Material Specifications) and VMS (Valve
Material Specifications), based on BDEP Finalised, piping specifications, basic material
depending upon service conditions (temperature, pressure and rate of corrosion etc.) and
Streams (like H2, etc).

It is deemed mandatory to follow the requirements of the national / International design codes
/ standards, local statutory rules as applicable

For the H2 service pipelines, BOO contractor has to follow the CPCL PMS & specifications and
supply & erect the piping items, in line with same.

BOO contractor shall follow EIL specifications for Non-destructive testing and Welding
specification charts However, for specific case if not available in EIL specifications, BOO
Contractor shall develop specifications for Non-Destructive Testing, Welding specification
charts.

9.1.4.14 BOO Contractor shall prepare Piping General Arrangement Drawings for above ground
piping. BOO contractor shall submit the load calculations considered for pipe rack /
structural design, to Owner for information.
9.1.4.15 All the piping items/components including valves of alloy steel, stainless steel and other
higher-grade materials procured under bulk materials shall be positively identified and
checked on a minimum three tier basis, first at suppliers’ shop, second at the BOO contractors
stores and third, after

fabrication/erection at site. The properly identified material shall be given a

distinctive colour by supplier before dispatch to avoid mixing with any material.

9.1.4.16 BOO Contractor shall do 3D modeling using latest SP3D/PDMS or equivalent modeling
platform including 1st, 2nd & 3rd stage model review which shall be carried out along with
participation of Owner/ Consultant. Comments during review shall be incorporated by BOO
contractor & resolution shall be given to owner/Consultant within stipulated time.

9.1.4.17 Nozzle Orientation Drawings for all Equipment, (items like vessels, columns,
Reactors etc.) Showing all nozzles, nozzle schedule, location along with elevation etc. shall
be developed.

9.1.4.18 Piping Isometrics for all lines, System Isometric wherever required with Support
Marking and Bill of Material shall be generated.

9.1.4.19 Stress Critical Line List, Stress index of critical line list to demonstrate the scope of
stress analysis, indicating line number, stress calculation number, line size, material
specification, design conditions etc.

9.1.4.20 Stress analysis, flexibility analysis reports, flange leakage calculation reports, engineering
data for spring supports and pipe rack loading data, engineering data for expansion joints.
Composite analysis of lines and calculations to check water hammer.

9.1.4.21 All stress critical lines having a possibility of condensation, high pressure/ high
temperature and two- phase flow lines shall be adequately supported so as to limit the
maximum deflection allowed by code between two supports. Dynamic analysis in addition
to static analysis shall be performed.

9.1.4.22 BOO Contractor shall prepare engineering datasheets/ sketches/ schedules for other
miscellaneous & piping Specialty items e.g. special check valve, strainers, sight glass, finned
pipe Fabrication details for Clad piping, Special Materials etc.

9.1.4.23 Pulsating analysis shall be done for pulsating lines connected to reciprocating
compressors /pumps. Analog analysis reports/ Pulsation / Dynamic analysis reports for two-
phase lines shall be provided. Any modification in piping as a result of Analog study shall
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be carried out by the BOO contractor to ensure vibration free plant.

9.1.4.24 Special support drawings and pipe support, cleats on equipment shall be developed.
Pipe support standards/ drawings shall cover entire piping. Separate pipe support standards
for high-pressure piping shall be developed.

9.1.4.25 Any drawings / Documents required for the purpose of taking clearances/ statutory
approvals shall be developed by BOO contractor, whenever required.

9.1.4.26 BOO CONTRACTOR shall himself perform the Procurement Inspection or may hired services
of Third- Party Inspection Agencies (TPIA), as per requirements, transport and receive
materials at site and store with proper identification tag.

9.1.4.27 Detailed Quality plan for piping activities shall be developed.

9.1.4.28 -“AS-BUILT” GA drawings, Isometrics, Nozzle Orientations, Equipment layout, Key-plan, Area
division plan,
as built IBR Package, 3-D model etc.

9.1.4.29 BOO contractor shall follow EIL specifications for Insulation and painting specifications
& final inspection at site shall be based on same.

9.1.4.30 BOO Contractor shall perform the Bolt tensioning and develop the procedures, wherever
required.

9.1.4.31 Review and approve the piping design and layout of packaged vendor equipment or
other items (wherever piping in suppliers scope) to ensure compliance with
engineering standards, CPCL Engineering Basis, Specifications, codes of practice &
approved piping specifications etc.

9.1.4.32 BOO Contractor shall prepare & get approvals for statutory approval packages required
for the local authority or state regulation e.g. IBR, PESO etc.

9.1.4.33 Finalise specifications for fabrication & erection, inspection, flushing & testing,
pressure testing of erected piping systems, chemical cleaning specifications etc, in line
with tender specifications.

9.1.4.34 A computerized material control system shall be maintained to input the material take-
off summarize and produce purchase descriptions for requisitioning. Material
requirements shall be worked out from modelled lines to the maximum extent possible.
The system shall be capable of monitoring and controlling all phases of the piping
procurement cycle from enquiry requisition through to delivery on Worksite, including
shortages and surplus reports. The material control system shall be capable of
demonstrating material availability on specific areas of the work, accounting day to day
variations vis- à-vis utilization & drawings, giving confidence that material available is
equal to material requirements

9.1.4.35 Special Spacers and Blinds shall be provided at all high pressure (900# and 1500#) nozzles
for Reactors, Furnaces, and Exchangers, Vessels to assist in hydro testing of piping systems
and for any future isolation
/ testing of piping / equipment. Standard for special spacers and blinds shall be prepared
by the BOO Contractor and shall be submitted for review by owner.

9.1.4.36 Review and approve the piping design and layout of packaged vendor equipment to ensure
compliance with CPCL engineering basis, standards, specifications, codes of practice
& approved piping specifications etc.

9.1.4.37 Engineering support services including carrying out of rectification, replacements, for
any trouble- shooting service for failure/malfunction during plant operation till the
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contract liability/ guarantee/ warrantee period of the plant.

9.1.4.38 The BOO contractor shall finalize tie-in sequence at tie-in locations for various piping
system, in consultation with Owner. All tie-in location drawings shall be submitted to CPCL
for review and approval.

9.1.4.39 List of deliverable drawings/documents/stress report along with schedule shall be

developed & submitted as per approved DCI (Document control index).

9.1.4.40 Piping Construction: -

The BOO Contractors scope includes:-

I. Develop Welding charts, Welding Procedures

II. Provide for receipt of materials at WORKSITE offloading, checking, warehousing,

proper storage and protection and material control facilities, including storage
and retrieval of associated

certification documentation. The BOO contractor shall also operate a separate

quarantine stores/compound for storage of materials, which arrive without
suitable documentation.

III. Fabrication, lifting, laying, erection, bolt tensioning and installation, pre and
post weld heat treatment, inspection, non-destructive testing including
radiography and hydrostatic and other testing of piping installations. Installation
of all valves and other miscellaneous in line/on-line items including inline
Instrument items like Control Valves, Desuperheater etc at all elevations is also
included. Open ends of piping, valves shall be protected with wooden blanking
plates securely fastened with wire or by plastic insert plugs.

IV. The BOO contractor shall supply all testing apparatus, appurtenances, fittings and
testing fluids wherever required.

V. The BOO contractor shall arrange suitable numbers of PMI equipment at site to
verify the bulk piping material supplied.

VI. Cleaning, pickling, if required, water/steam flushing, air drying disposal of

fluids offsite, reinstatement, preservation of piping and miscellaneous items
following hydro test, nitrogen purging, cleaning, chemical cleaning, painting,
insulation and wrapping coating as per specifications. Any arrangement required
inclusive of pumps and laying of lines for carrying out hydro test to be done by the
BOO contractor.

VII. Fabrication and installation, setting and commissioning of pipe supports, guides,
anchors and spring supports as required, construction of RCC pipe support
pedestals independent of floor pavements.

VIII. Execute all mechanical jobs identified during owners Check list, technical
audits, pre-
commissioning and commissioning, including additional supports required to
restrain pipe movement avoiding interference with nearby structural/piping.

IX. Supply of all piping materials required for testing, pre-commissioning and
commissioning e.g. piping spools, bolting and gaskets, flanges, blinds or any other
piping materials for carrying out this activity.

X. Testing of welded/flanged joints not subjected to hydro testing only in exceptional

cases.
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XI. The BOO Contractors scope includes all such activities as required, supply of
all materials and components, tools & tackles as required, for successful
commissioning of the plant as per the
requirements of the P&IDs,line lists,Piping Design basis and CPCL engineering design
basis & specifications etc. enclosed in the bidding document so as to result in a
total safe operable, trouble free and maintainable plant.

XII. Installation of Insulation, painting and protective coatings.

XIII. Co-ordination and Liasoning with any other contractors and with Owner for proper
tie-in or hook ups of various existing/other piping system or any other
underground system.

XIV. BOO contractor should make his own & sufficient arrangement for
warehouse/storage of materials.

XV. Arrangement of all utilities including construction utilities is in BOO contractor scope.

XVI. Contractor has to perform dry out activity in Stainless lines after hydrotest.

XVII. It shall be the sole responsibility of BOO contractor, to obtain all approvals from
any authority required under any statute, rule or regulation of government/
agencies of government/ Owner.

XVIII. Set up field engineering cell and execute field engineering, which becomes necessary
to resolve problems arising during prefabrication, shop fabrication, field
fabrication or erection at site & based on sub vendor data. Necessary field design
change drawings shall be prepared by the BOO contractor and shall be reflected in
the As Built Drawings, Documents, 3D model etc

XIX. Supply of all piping materials required for testing, pre-commissioning and
commissioning e.g. piping spools, bolting and gaskets, flanges, blinds or any other
piping materials for carrying out this activity.

XX. Development of a system base for Mechanical completion in agreement with

Consultant and hand over of sections of the work for NDE inspection & hydro test. The
BOO contractor shall adopt Owners/Consultants requirements regarding sequence of
system completion and hand over.

XXI. Installation of any necessary blind or additional valving not identified on P&IDs
to isolate lines to facilitate phased commissioning and start-up.

XXII. BOO contractor shall arrange for the inspection of the works by the concerned
authorities and will undertake necessary coordination and liaison required. Any
deficiency(ies) as pointed out by any such authority shall be rectified by BOO
contractor within the scope of relative supply and / or work. The inspection and
acceptance of the works by such authorities shall, however, not absolve the BOO
contractor from any of its responsibilities under this Contract.

XXIII. No extension of time shall be granted for meeting the requirement and/or obtaining
approval of statutory authorities.
XXIV. All approach roads from main road to unit shall be checked for equipment and
machinery movements. If any widening or strengthening of the road is required
including storm water box and road crossing, etc are also included in the scope of
the BOO contractor.

XXV. Any damage to existing structure & service or other area in the owner premise, due to
any activity of BOO Contractor has to be repaired, replaced, tested &
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commissioned by BOO contractor without any extra cost & time implication to
Owner/Consultant. Apart from any obligation stipulated elsewhere in contract.

9.1.5 FIRE FIGHTING/SAFETY SYSTEM:

9.1.5.1 Broad scope of work includes design, engineering, procurement, supply, fabrication,
transportation, construction, testing and erection of Firefighting / Safety Systems of
facilities, as required under this contract meeting all guidelines of CPCL Engineering
Design Basis, PESO, OISD guidelines, NFPA guidelines and other international codes,
specifications and standard appended other statutory requirements, best
engineering practices for the subject facilities.

9.1.5.2 In case of any conflicting requirements in the bid documents or Codes & Standards
applicable, stringent requirements shall be governing.

9.1.5.3 BOO CONTRACTOR to design & Supply Automatic F&G Detectors system including H2
Gas Leak detection (as required) and Fire Alarm system with applicable
OISD/NFPA/Statutory requirements/etc. Fire and Gas detectors of appropriate type,
to the anticipated hazards shall be

suitably located in sufficient numbers to provide effective monitoring of all spaces. Manual
Call points (MCP), Audible alarms, Beacons shall be provided at suitable locations around
the facility to announce any Fire & Gas Detection. BOO CONTRACTOR to ensure that all
safety interlocks as identified for the facility are provided and its integration with PLC.

9.1.5.4 BOO CONTRACTOR shall be responsible for implementing recommendations from EIA
report, without any cost / schedule impact to the Owner. Any changes to the design,
recommended as a result of the above safety studies shall be implemented without any
cost and schedule implication to OWNER.

9.1.5.5 Quantitative Risk Analysis (QRA) / Hazard Identification (HAZID) study analysis report will
be provided to the BOO CONTRACTOR. BOO CONTRACTOR shall incorporate all outcomes of
the analysis report in the design during detailed engineering without any cost / schedule
implication to OWNER.

9.1.5.6 Approval from statutory and local authorities (like PESO, DGCA, Agency appointed by
insurance agency/client for fire protection system etc.) /Local Bodies including
preparation of all drawings/documents required for approval from Statutory
Bodies/Local Bodies.

9.1.5.7 The following fire protection facilities shall be considered depending upon risk of
installation as per OISD requirements.
Fire water Storage & Pumping facility---Fire water hydrant / Monitor system
Medium velocity Water spray system (Automatic or Manual as per
Design Basis) Remote Operated Long-Range Monitors
Foam system, If applicable
Booster pump for spray system/Elevated landing valve/Elevated HVLRM,
if required. Clean agent fire extinguishing system
- CO2 system, if applicable
- Water Curtain, if applicable
- First aid firefighting equipments Such as DCP extinguisher etc
Fire protection for transformers w.r.t. High Velocity Water Spray as per design basis.

9.1.5.8 BOO CONTRACTOR shall perform HAZOP/SIL/Noise study and ensure that the
recommendations are complied.

9.1.5.9 Fabrication and erection of Fire Fighting network and associated piping shall be done
as per the approved detailed drawings and specifications/drawings available in the

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contract together with following specific requirements: -

i. BOO CONTRACTOR shall design, fabricate and provide all pipe supports as required.
ii. All execution, inspection and testing for completion of fire protection system shall
be done with a detailed inspection, and testing procedures based on codes, standards
and specifications etc.
iii. Hydrants and Monitors shall not be installed directly vertical to the headers. It shall
be installed with a branch L shape piping (tapping point shall be taken from top of
the fire water header) All isolation valves on the U/G portion of the Fire water
header shall be taken A/G. All isolation valves in Fire water system shall be gate
valves.
iv. Each hydrant post shall have minimum two nos. hydrant valves of Type-A with 4”
stand post with isolation - valve on hydrant post.
v. Remote operated Elevated Long-Range water cum foam monitor: Remote
operated elevated long-Range water cum foam monitor to protect tall column,
reactor, structure, pipe junctions located at elevation above 45m shall be provided
by BOO contractor as per design basis. Capacity of water cum foam monitor shall be
min 1000-2000 GPM (Variable Flow) or above.
vi. Long Range water cum foam monitor: Long Range water cum foam monitor for full
coverage in entire unit area and equipment, structures up to 30m height shall
be provided by BOO contractor. Capacity of water cum foam monitor shall be min
500-750-1000 GPM (Variable Flow) or above.
vii. Landing Valves: Double headed landing valve assembly with hose reel and hose
box shall be provided at first floor and above of all buildings, at all the landings of
technological structures, operating platforms and in any other area as identified
during detail engineering. Landing valve shall be provided near stair landings. Tapping
for the riser shall be taken from main header with an isolation valve at grade level.
viii. Automatic MV water spray system shall be provided for all Hydrogen / LPG /
hydrocarbon gas compressors/ Pressurized hydrocarbon storages. Application rate
for spray system shall be as per OISD and CPCL Engineering Design Basis
ix. Hose cabinets (type-II) along with hoses (BIS marked) and accessories shall be
provided at every hydrant within unit B/L and at every landing of tech
structure/building.
x. Following minimum tests but not limited to shall be carried out by the CONTRACTOR
including all consumables, first fill after completion of the system:
- Testing of various Fire protection systems & network piping
- Demonstration test for system capacity requirements
- CONTRACTOR shall meet all requirements of OISD for inspection and testing

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9.1.5.10 SCOPE MATRIX

Sr. CPCL BOO

Activity Remarks
No. Contract
or
1. Fire-Fighting Design Basis General Note-2

2. Fire-Fighting Design Basis: Specific to Note-2 & 3

Jobs to be executed within CPCL
premises.

3. Development of Fire-Fighting layout,

engineering drawings,
specifications, etc

4. Fire Fighting Facilities/Safety System

inside Battery Limit, ISBL, as required

5. Auto Actuated Fire-water Sprinkler

Spray system for
equipments/facilities

(Deluge System), as required

6. CO2 flooding system for facilities (if
applicable) as per codes, standard,
PESO, OISD, etc

7. Clean Agent system as required for the

buildings.

8. Fire-Extinguishers, Windsocks, as
required including requirements
inside buildings

9. Safety shower and eye wash, as per

requirement
10. Automatic F&G Detectors system
including H2 Gas Leak detection
system, hooters, alarms, etc, as
required and its integration with the
PLC.

11. First aid kits for fire protection and

personal protective Equipments

12. Fire-Fighting Main Ring all around ISBL Note-4

including branch piping for
facilities, Supply & Installation of
hydrants and Monitors (including
HVLR), with Hose Cabinets, Hose
Reels, etc
13. Safety Signage/Display boards

Note-1: - This scope matrix is indicative only & if any other requirements arise during the
course of detail engineering & execution of the project, shall be provided by BOO
contractor.

Note 2: - BOO contractor shall ensure that all world-wide best practices, safety

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standards shall be adopted/implemented for the H2 Dispensing facilities.

Note 3: - Design Basis shall be submitted to CPCL for review.

Note 4: - Finalization of Hydrants / Monitors (Numbers/Location/Size/Volumes) on
the Firewater Ring shall be in BOO scope.

9.1.6 ELECTRICAL SCOPE OF WORK & SUPPLY

A. The electrical work shall include, but not be limited to, design and engineering,
detailed engineering, preparation of drawings and documents as specified,
sizing, selection, procurement, transportation to site, storage at site, supply of
all materials / equipment, all tools and tackles, installation, testing,
commissioning including supply of commissioning spares as required and
handing over of all electrical work complete in all respects as per data sheets,
drawings, specifications, standards etc., specified in the bid package for the
project, as per followings :-

9.1.6.1 Supply, Installation, Testing and Commissioning of Gas-Insulated Substation for

220KV or above Grid equipment. BOO Contractor shall design the GIS with
sufficient spare capacity. Construction of requisite number of Distribution
Substation Buildings including arrangement & installation of all items/equipment,
as required for the complete operation of the project

9.1.6.2 The incoming tapping taken from the STU/ CTU grid shall be rated for 20MVA or
above at the voltage level of 220KV or above in double bus configuration. The
distribution grid transformers to be used shall match the load requirements of the
proposed plant at all capacities of operation during the entire operational life of
25 years. BOO operator shall consider sufficient design margins to avoid mismatch
in plant load and grid transformer capacities that may lead to replacement of the
grid transformer.
9.1.6.3 Supply, installation, Testing and Commissioning of Electrical Equipment The
design and engineering of electrical equipment shall be in the scope of contractor

9.1.6.4 Supply, Installation, Testing and Commissioning of UPS with NI-CD battery
bank of back up of requisite capacities.

9.1.6.5 Supply, Installation, Testing and Commissioning of PMCC/PCC and MCC for feeding
electrical Equipment. Additionally, BOO Contractor to consider requisite number
of 63 Amp & 125 Amp SFU feeder for power /lighting load to buildings with
minimum 20% spare feeders. In addition to above, at least one spare feeder of
capacity 250A & 400A shall be available in each of the distribution substation in
either PMCC/PCC or MCC panels..

9.1.6.6 All Cable Supply and Laying inside Facility shall be in the scope of BOO Contractor.
All cables shall be FRLS type. The cables inside the plants shall be routed along
cable trench and trays. The cable in trays shall be dressed properly and trays shall
be covered with proper tray covers. Any road/plant crossings shall be in dedicated
ERC available.

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9.1.6.7 Supply of Insulation mats in all substations, MCC rooms or below any standalone
panels inside the buildings of 1.1 KV grade as per latest IS code – IS:15652/2006.
Insulation MatSupply and laying of HV insulation mat size : 2m x 1m x 2.5mm
thick class B 11kV AC RMS as per IS 15652:2006. AC dielectric strength of 45kV
(ACRMS). AC Proof voltage - 22Kv AC should withstand for 3 minutes. Flame
retardance - 5 sec antiskid design black colour. Mat should have good mechanical
properties to withstand load and movement of breaker trolleys. Mats shall have
following imprints on top. Year of manufacture, working voltage in kV, dielectric
strength in kV, IS standard, class type and mat size. Mat shall be tested in CPRI/
ERADA/ NAPL accredited agencies and test certificates shall be provided.

9.1.6.8 Supply, design & installation of lighting of complete facility, as per hazardous
area zone, required for operation and maintenance for the facility meeting the
minimum lux levels mentioned in latest OISD-RP-149/IS guidelines.

9.1.6.9 Supply of Flameproof Local control Stations (LCS) with Stop push button &
LCS with Start/Stop PBS, ammeter & Auto- Manual switch within facility.
Supports for flameproof push button stations, sockets, Cable trays etc.
including welding, bolting, painting and all necessary hardware.

9.1.6.10 Supply & installation of Cable Trays, Cable glands, Lugs, Cable Markers &
relevant accessories inside ISBL Facility. Supply and installation of shrouds of
suitable sizes for cable glands. Flameproof Nickel-plated double compression
brass cable glands and tinned copper lugs as required.

9.1.6.11 Supply of Junction Boxes, as per requirement.

9.1.6.12 Cable markers/ identification tags, GI saddles, saddle bars and associated
accessories.

9.1.6.13 Pipe earthing with sufficient number of pits shall be provided meeting the latest
IS-3043 standards. Earthing system including GI earth electrodes in test pits,
earthing pits, earthing grid, wire ropes, earth plates, earthing strips of various
sizes, flexible connections, associated connectors and accessories like salt and
charcoal in sufficient quantity etc.shall be supplied and installed at site.

9.1.6.14 Design of electrical system shall comply with the design basis, technical
specifications & Latest IS/IEC codes. In-case of any contradictions more
stringent shall prevail. CPCL Engineering design basis, Standards &
Specifications attached in the bidding documents are minimum specifications
required. Any standard / specification not covered in the bidding documents
but required to complete the job shall be developed by BOO contractor with
prior approval from consultant / Owner.

9.1.6.15 STATUTORY APPROVALS

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The contractor shall obtain approvals from the concerned electrical inspectorate like
Central Electricity Authority (CEA) for installation drawings and engineering of the
electrical system and equipment covered under the BOO Contractors Scope. Any
modification or additional requirements of the electrical inspectorate shall have to
be carried out by the contractor at his own cost without affecting time schedule.
Arranging for any other approvals required for the complex, from agencies such as
PESO etc. are included in the contractor’s scope. For electrical equipment to be
installed in hazardous area statutory approval certificates shall be furnished by the
contractor. Any additional testing, if required, shall be carried out by the contractor
without affecting project time schedule at no extra cost to Owner

9.1.7 INSTRUMENTATION SCOPE OF SUPPLY AND WORK

9.1.7.1 GENERAL CONSIDERATIONS

The BOO CONTRACTOR shall design, supply, developed construction drawings and execute
taking due account of the CPCL Process Specifications, BEDP finalised, CPCL Engineering
Design Basis, Job specification, Standards specifications, standards, drawings and any
information given within the bid in providing final details for the facilities described
within this overall scope of work and supply

BOO CONTRACTOR shall be responsible for implementation of Complete

instrumentation and controls for the facilities for project including existing control
Room job required for the tie-points, with scope of work and supply as listed below,
but not limited to the following: -
- Design and Engineering.
- Procurement, Supply, Factory testing and Acceptance.
- Installation, field calibration / testing, and commissioning.
- Operation & maintenance.
BOO Contractor shall develop Single or multiple control room building (as required)
for Operation, monitoring and controls of the Facilities for the Project including
arrangement & installation of all items/Equipments, as required or applicable.

The descriptions and requirements contained in this specification are concise by

necessity and cannot include all details. However, it is the responsibility of the BOO
CONTRACTOR to execute the job in accordance with the specifications and internationally
recognized good engineering practices for smooth and successful operation of the
project.

This scope of supply/ work shall be read in conjunction with the finalised Process Basic
Engineering Design Package (BEDP), CPCL Engineering Design Basis, Job Specification,
Standard Specifications and Standards, drawings, Process Package and P&IDs.

The PLC system for operation shall be complete redundant in configuration as per
reliability guidelines and complying with CPCL cyber security guidelines. The system shall
be designed keeping in mind safety and reliability of entire system and must ensure 2
oo3 voting logic to trip interlocks and 2oo3 median logic for control application

All HMI used for control and safety application must have atleast 2 numbers of
independent HMI interfaces for operation of the process.

PLC must have redundant Hi speed data transfer bus. Also, the HMI must be redundant

Any addition of scope with respect to Instrumentation and Control due to completion
of residual engineering on the package suppliers detailed engineering, Hazop studies
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and SIL analysis, SIL

validation & verification (as per requirements/ details given elsewhere in this
document) and implementation of resulting comments as per Hazop study and SIL
analysis, SIL validation and verification shall form part of Contractors scope of supply
& work.

Any activity specifically not listed in this document, does not absolve the BOO
contractor of their responsibility to include such activities in their scope of supply & work,
which otherwise is necessary, to complete instrumentation work for the Project.

All such activities shall be carried out by the contractor without any implication.

9.1.7.2 SCOPE OF SUPPLY & WORK

Sr. No. Description By BOO By

Contractor Owner

1.0 Overall Scope

1.1 Design, engineering, procurement, testing, factory YES

acceptance, Supply and transportation of all
instrumentation items for the facility
1.2 Complete Site activities including site YES
transport, installation, testing, calibration,
pre-commissioning, loop
checking, and commissioning of the Facility
1.3 Site acceptance test of any Control Systems. YES

1.4 All Cabling (signals, Control, power, serial, fieldbus, YES

etc) including Inter-connected cabling between Project
facility & CPCL designated tie-point & existing
control room, within CPCL premises.

2.0 Detailed Scope

2.1 Basic Engineering Activities YES

2.1.1 Basic design, sizing, selection (Type, material, range YES

etc), specifications / data sheets, of complete
instrumentation including associated NDT
requirements as per Process Basic Engineering Design
Package (BEDP), final approved
P&IDs and FEED package requirements
2.2 Design, Detailed engineering, Procurement and Supply of YES
all instrumentation items.
2.2.1 All field mounted instrumentation items YES
including Transmitters, Pressure, Temperature and
Level Gauges, Thermocouples, Thermowells, Orifice
assemblies, all types of Control Valves & on-off
valves with accessories, Self-actuated Pressure
control valves, Pressure Relief Valves, Rupture discs,
Flame Arresters, Breather Valves, Tank Level
Instruments, Meter runs, Variable area
Flowmeters, Coriolis Mass flow meters, Vortex
flow meters, Thermal mass flow meters,
Ultrasonic flow meters, and any other instruments
required as per P&IDs,
and Universal Handheld Configurator
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2.2.2 All analysers / analyser systems, as per Process Design YES
Specification including Analyser Shelter for Gas
chromatograph
2.2.3 All Stack Gas Analysers - CO, SOx, NOx, and SPM YES -
analysers including Analyser Shelters
2.2.4 Sub-package Instrumentation including Local control YES
panels, instrument gauge boards, complete with all
instruments as per sub-package requirements and
P&IDs.
2.2.5 All field mounted Fire & Gas detectors including H2 Gas YES
Leak detection system, hooters, alarms, etc, as required
and its integration with the PLC with exiting system at
CPCL premises (as required)
2.2.6 Field mounted CCTV cameras YES

2.2.7 Any Other items required as per BOO YES

detailed engineering
2.2.8 Complete hardware and software for the fully engineered YES
Plant Operation, Control, Monitoring and Interlock
System to meet FEED package requirements, such as;
a) Programmable logic controller (PLC) for ESD and
Interlocks, control & Monitoring, Fire & Gas (F&G)
b) Any other requirements.

2.2.9 Interface engineering for BOO Contractor YES

supplied package instrumentation and DCS/ PLC
including supply
of interface junction boxes with Glands.
2.2.10 Complete installation material including cables and YES
accessories, Non-FF (signal Analog and Digital/Contact,
field mounted Fire & Gas detectors, Power) junction
boxes with Glands, pipes/tubes, fittings, valves and valve
manifolds, stanchion, instrument supports, cable duct for
multipair cable, cable trays, angles, cable glands (for
both single pair and multi pair) with PVC Sleeves,
prefabricated canopies for instruments,
prefabricated hook-ups, impulse piping and tubing
for instrument hook-up, channel base for local
panels, insulation material, earthing cables / strips,
fireproofing of cable ducts and multipair cable trays
etc. as required for all Instruments,
local panels, gauge boards, cabinets / consoles
2.2.11 Engineering for construction / installation including YES
preparation of all construction drawings and documents.
2.2.12 Power supply distribution and related engineering for YES
Contractor supplied items requiring power supply in
field
2.2.13 MCT Frames and Blocks YES

2.3 Miscellaneous YES

2.3.1 Statutory approvals, as applicable (PESO, IBR etc.) YES

2.3.2 Review of DCS/ PLC vendor drawings / documents YES

2.4 Factory Testing and Acceptance related activities YES

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2.4.1 Factory testing, calibration and acceptance as per YES
package requirements for;
a) All instruments and related accessories.
b) Analysers and related accessories.
c) Control panels/ Local control panel / Local
Gauge boards and related accessories.
d) Any other instrumentation item not specifically
covered above.

2.4.2 Participation in factory acceptance testing of PLC control YES

system and testing as per engineering documents
supplied by Contractor.
2.5 Installation related activities YES

2.5.1 Installation of all field mounted instruments and their YES

accessories within the Facility battery limits including
instrument hook-ups for all instrument items.
2.5.2 Installation of local control panel and gauge boards, as YES
applicable
2.5.3 Installation of analysers / analyser system and their YES
accessories, as applicable.
2.5.4 Installation of any sub-package control system and YES
related accessories, supplied by Contractor to be kept in
Control Room
2.5.5 Installation of Cable Ducts and Trays including fire YES
proofing of ducts and multipair trays within battery
limit
2.5.6 Supply & Laying of all type of cables, as required. YES

2.5.7 Instrument air and its distribution within the Facility, YES
as
required.
2.5.8 Utility distribution, as required, within the Facility YES
(such as cooling water, nitrogen, steam etc.)
specifically
required for Instrumentation activities.
2.5.9 Earthing / grounding system for package instrumentation YES
items, such as;
a) Instruments, analysers, local panels, gauge board,
junction boxes etc supplied by Contractor.
b Integration/Connection with Earthing pits c) Earthing
for the Control room cabinets, if any,

2.5.10 Auxiliary installation related activities necessary for YES

instrumentation e.g.;
a) Heat tracing of impulse/ sample lines and
instruments within Facility battery limits.
b) Insulation of impulse / sample lines and
instruments as applicable within Facility battery
limit.
c) Painting of impulse lines, structural members,
supports within the Facility battery limit.
2.5.11 Power Supply and its distribution) for Instruments / YES
control system
2.5.12 MCT Frames & Blocks YES

2.6 Field testing, calibration, loop checking, pre- YES

commissioning, and commissioning activities.

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2.7 Site acceptance testing for complete instrumentation YES
fully integrated as per contract requirements.
2.8 GI/ copper earthing strip & earthing cables for YES
earthing of all instrumentation items including
junction boxes, thermocouple head, field
instruments etc., to electrical
earthing strip in the plants.
2.9 Co-ordination activities with various vendors / YES
site contractors / manufacturers /
sub packaged
vendors/package instrument supplies and services.

2.10 As-built documentation for the complete YES

instrumentation system for the
instrumentation/package
items/Equipments.
2.10 Spares and spare parts, as required: YES
- Consumable spares.
Start-up and commissioning spares
Operations & Maintenance spares.
2.11 Warranty and warranty maintenance for all YES
Instrumentation items.
2.12 CPWAMC: Arrangement of Comprehensive post warranty YES
annual maintenance contract for supplied Analysers
and any package Control Systems required CPWAMC.

2.13 Training for Operation Team: YES

Arrange Operation and Maintenance training for
operating personnel for supplied Analysers and any
package Control Systems. The training may include detail
operation, configuration, modification, calibration,
troubleshooting, preventive/ breakdown
maintenance etc. as minimum.
2.14 SIL Analysis and Validation for all Safety Integrity YES
Functions (SIF)

9.1.7.3 ENGINEERING OF BID PACKAGE

BOO Contractor shall be responsible for carrying out the basic engineering for
proceeding with detailed engineering for all instruments as Process Specification
(attached with bid), Finalised P&ID/ Process Basic Engineering Design Package
(BEDP) Package and instrument sizing, utility consumption, specifying derived data
in process data sheets, type and material selection of instruments wherever
required. This shall also include actual transfer / implementation of the
information provided in the form of notes in P&IDs an instrument data sheets /
equipment data sheets and other documents provided in the tender package.

BOO Contractor shall thoroughly review and approve vendor drawings for all
instruments and accessories.

BOO Contractor shall arrange all instrument specifications and data sheets.
Instrument specification shall be as per ISA format. BOO Contractor shall generate
and submit all instrument datasheets, Cable Schedule and instrument index using
latest Smart Plant Instrumentation tools.

The procurement of all instruments shall be strictly from the reputed manufacturers

The description and requirements contained here are concise by necessity and cannot
include all details. However, it is the responsibility of the BOO Contractor to execute
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the job in accordance with specifications, philosophy, drawings etc.

Any activity specifically not listed in this document, does not absolve the BOO
Contractor of their responsibility to include such activities in their scope of work,
which otherwise is necessary, to complete instrumentation work for safe and
efficient operation of the Unit. All such activities shall be carried out by the BOO
Contractor without any implication. Instrument Job Specification shall be read in
conjunction with this scope of work / supply document.

9.1.8 CIVIL & STRUCTURALS SCOPE OF WORK

9.1.8.1 BOO Contractor’s scope of work & supply requirements specific to Civil, Structural and
Architectural
discipline covered in this section

9.1.8.2 Carrying out soil investigation in the proposed plot area as per relevant national/
international codes. Bidder shall submit Geotechnical investigation specification & Soil
investigation report and scheme to Owner for their reference/information.

9.1.8.3 Foundation Design Basis/Comprehensive Geotechnical recommendation document shall be

prepared by the BOO Contractor based on the available data and findings of soil
investigations clearly stating type of foundations for all structures/ equipments and
related facilities covered under the BOO tender,
giving all back-up calculations and the same shall be submitted to Owner for
information before execution. The onus of correct assessment and understanding of the
existing sub-soil conditions rests with the BOO Contractor.

9.1.8.4 The roads within BOO Contractor’s scope shall be maintained free of any undulations or
potholes and
shall be resurfaced every 5 years or on noticing any defects whichever is earlier

9.1.8.5 All drainage system shall be maintained free from all obstructions (debris, silting etc.).

9.1.8.6 All Civil U/G and Superstructures of all the Civil Structure, Architectural shall be
maintained well and shall be painted at least once in three years or on noticing any
defects whichever is earlier.

9.1.8.7 Routine, Preventive and Predictive maintenance shall be carried out as per Approved
procedures. Any modification/alteration shall be carried out with CPCL approval only.

9.1.8.8 Scheduled / off scheduled maintenance shall be performed at regular intervals for the
purpose of keeping all Civil U/G and Sub/Super structures and Architectural in a good
condition consistent with built in levels of reliability, performance and safety.

9.1.8.9 ARCHITECTURAL

I. Architectural scope of supply & work shall be pertaining to all the required
buildings for the Project with following as a minimum: -

Data collection for site & facilities

Design & detail engineering meeting the requirements of CPCL Engineering Design
Basis, Job Specification, Drawings, Standards, Specifications, reference codes etc
contained in the Bid Document.
Procurement and supply of all materials, labour, equipment, tools and
tackles etc. Construction, Execution, Installation and supervision.
Obtaining approvals from Statutory and Approving

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Authorities, Preparation of As-built drawings,
documents
Co-ordination
Any other incidental and other activities not explicitly mentioned
but required to meet the requirements of the project.
II. BOO CONTRACTOR shall develop and incorporate Architectural control schemes
covering all the buildings. Purpose of Architectural control scheme shall be to achieve
unified Architectural style of buildings across the complex. Various building
elements and their aesthetic treatment shall be demonstrated in the scheme.
Aesthetic treatment shall cover shape, form, material, colour etc. of key building
elements such as building shape, entrance, canopy, stairs, windows, shading
devices, roof line etc.

III. Design & Detail engineering of buildings shall be performed by qualified Architect or
Architectural agency having Architects possessing experience of similar works
professional experience and shall be registered with Council of Architects, India

IV. Construction Drawings shall contain the followings Plan of all levels, Terrace Plan,
Key Plan, Sections as required for complete understanding of the Design &
Construction, Elevations of all sides, Door/Window details, False ceiling/ flooring
details & layouts, Landscape drawings, Toilet details, 3d views, and any other Dwg
as required for complete understanding of the Design & Construction.

V. Adequacy of provisions (in terms of spaces, services & utilities) and space/ area/ Room
sizes for Plant Buildings or Plant Areas in other Buildings. The BOO CONTRACTOR shall
ensure correctness of such provisions.

VI. BOO CONTRACTOR shall design and execute the works in accordance with
requirements of Statutory Authorities and obtain approvals from them

Approvals from following Authorities are envisaged.

o Factory Inspector, Department of Industrial safety & Health.
o Department of Fire & Emergency Services.
o Any other Authority having jurisdiction

BOO CONTRACTOR shall prepare drawings & documents necessary for obtaining approvals
from statutory authorities.

BOO CONTRACTOR shall make necessary changes, modifications etc. in design and
execution if required for obtaining approvals from statutory authorities.

BOO CONTRACTOR shall perform all liaising & co-ordination activities with
required parties, Authorities etc. as required for obtaining approvals from
Statutory Authorities.

9.1.8.10 MAJOR CIVIL AND STRUCTURAL WORKS

Major Civil and Structural works involved shall include but not limited to the following:

I. Design, Engineering. Detailing, Supply and Construction of sub structure

(foundations) and superstructure for all types of structures and equipments such
as the following (unit battery limits shall be as per functional discipline i.e.
Arch/ piping/ mechanical/ electrical/ instrumentation / Civil & UG piping
scope)
a. Pipe racks.
b. Technological structures.
c. RCC buildings
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d. Compressor Sheds, including compressor foundation & its associated operating
platform.
e. RCC blind floor at Air cooler supporting levels with decking sheet for unit
pipe racks. Drainage of blind floor shall be provided. Blind floor shall be
suitably sloped. Rainwater shall be collected & discharged up to drain.
f. Foundation and supporting structural for columns, reactor, vessels,
exchangers, turbines, stack, pumps, skids, filters, drums, heaters, fans,
silencers, strainers etc. as per Equipment layout drawing.
g. Foundation for Reactor encasing structure.
h. Supporting structure for Pipe supports cable tray supports Instrument
supports.
i. Circular platforms & Horizontal platforms, Ladders on and around equipment.
j. Miscellaneous platforms, including battery limit platforms, Operating
maintenance platforms, monorail for pumps/exchanger wherever required,
hand-railings, crossovers.
k. U/G sumps for OWS, CRWS and other services
l. U/G pits for vessels/valves and other equipment as required including
trenches etc. If U/G pit for vessel is not sand filled, then pit shall be
designed as liquid retaining leak- proof.
m. Liquid retaining leak-proof U/G sumps of OWS & CRWS.
n. Any other structures not listed but required to complete the Scope of work.

II. Providing protective coating system on concrete surface below & above ground
as per CPCL engineering design basis.

III. Preparation of fabrication drawings for all structural steel works.

IV. Painting to structural steel including primer

V. Preparation of bar bending schedules for all RCC works before construction is taken up.

VI. Concrete of grade shall be made less permeable type. Self-compacting concrete shall be
used for all concrete works.

VII. Providing pile foundation as per Geotechnical recommendation. Geotechnical

recommendation to be followed for foundation system design under this package.

VIII. Fire Proofing of equipment supports and steel structures, wherever required as per CPCL
engineering design basis including for equipment/ structures. Fire proofing zone shall
be developed.

IX. Grouting of all equipment & Structural steel.

X. Providing ANTI-TERMITE TREATMENT for building as specified and directed.

XI. Providing and laying 50 thk. Anticorrosive layer under tanks, wherever fire bricks are
not mentioned in Tank mechanical data sheet.

XII. Providing hot dip galvanized electro-forged grating and galvanized & painted handrails
on platforms/ stairs.

XIII. Providing one side machined sliding plates, embedded in the grout over sliding
support, under horizontal equipment.

XIV. Fabrication & placing/ erection of miscellaneous steel items like Anchor Bolts, Metal
Insert Plates, chequered plates Pipe Sleeves, Hand railing, etc. as per Specifications.

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XV. For all bolted connections high strength hot dip galvanized bolts of property class 8.8 as
per IS:3757 & IS:4000 shall be used. Hot dip galvanized Nuts and washers shall
conform to IS: 6623& IS: 6649 respectively

XVI. Obtaining statutory approval from local authorities such as Municipal Corporation,
Development Authorities, Inspector of Factories, and any other concerned authorities
before starting the works at site.
XVII. 3-D model (for Unit-ISBL), Plant buildings Substation, SRR and Operator cabins etc.
using PDMS version 12.1 sp4 software, of all structures & buildings, including piles
and foundation. (whether designed by BOO CONTRACTOR or Owner/ Owner's
representative).

XVIII. Documentation of “As Built” drawings/ details for all works in native file format (AutoCAD
etc) (whether designed by BOO CONTRACTOR or Owner/ Owner's representative/ Licensor etc.,)

XIX. All calculation & STAAD file shall be submitted in Native software format (*.xls, *.std
etc.).

XX. All supporting native files shall be attached as attachment to PDF design report before
loading in eDMS.

XXI. Any other civil and structural works required/ directed by Owner/Owner’s
representative/ Resident Construction Manager for the satisfactory and successful
completion of the Project.

9.1.8.11 GENERAL: -

I. All underground carbon steel pipes shall be provided with corrosion protection coating as
per CPCL Engineering Design Basis/PMS.

II. Closed Blow down (CBD)/ Amine Blow down (ABD)/ Caustic waste/Chemical & Acidic
waste and other blow downs disposal including development of requisite facility for the
same, shall be in BOO Contractor scope.

III. BOO CONTRACTOR shall design/develop & provide the CRWS & OWS collection system as
per CPCL Engineering Design Basis.

IV. Providing Neutralization Pit for Battery wash waste form Sub-station, SRR & chemical
handling area and Safety Shower & Eye Wash (SS & EW) of the UNIT area with all associated
piping work. Discharge from safety shower and eye wash unit & Battery waste
discharge from buildings (Control room, Substation etc.) shall be connected to
neutralization pit through HDPE pipes

9.1.8.12 PILE FOUNDATION: -

Major structures/Critical structures sensitive to settlement may be supported on pile

foundations. Bidder shall carry out detailed pile design based on the soil data generated by
conducting soil investigation by them, if any. BOO Contractor shall adopt suitable type of pile
foundation (i.e. driven cast-in-situ or bored cast-in- situ) taking due cognizance of the
prevailing site conditions, design requirements, construction aspects and overall project
schedule.
Foundation Design Basis/Comprehensive Geotechnical Recommendation document shall include
details of piles such as type of pile, length of pile below cut-off-level, safe load carrying
capacities in all the three modes (viz. axial compression, uplift and lateral as per relevant
IS codes) and pile reinforcement etc. with all back-up calculations.

Pile capacities shall be established at site by conducting initial pile load tests on test piles as
per IS: 2911 Part-IV (latest revision), before commencement of job piling works.
Routine pile load tests shall be conducted on job piles as per IS: 2911 Part-IV (latest
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revision). Also, Low Strain Integrity tests shall be conducted on job piles as per relevant
code.

The Pile Capacities/ Net Safe Bearing Capacity of Soil considered for the design of
foundation shall be mentioned in drawings for all structures and equipment.

Bidder shall submit following documents and drawings related to pile foundation as minimum
with back-up design calculation for information before execution:

1. Detailed design and drawings of piles.

2. Termination criteria of piles. If driven cast-in-situ pile is adopted, “set” shall be established
by empty tube driving (minimum two nos.) and the same shall be submitted to
Client/PMC for information before commencement of piling works.

3. Methodology of pile installation and testing.

4. Pile load test results (viz. vertical, uplift and lateral) and low strain integrity test results.

Above list of deliverables is suggestive and not exhaustive.

9.1.8.13 Minor Structures Not Sensitive To Settlement: -

Foundation for the above minor structures may be placed at a depth of 750mm from FGL
for foundation width up to 2.0m and for pressure not exceeding 5.0T/m2. However, it
shall be ensured that soil at the foundation base is well compacted having density equivalent
to 95% of maximum laboratory dry density as per IS 2720 Part -VIII. Any loose soil/soft
patch if encountered at foundation level same shall be completely removed and
replaced with lean concrete. Minimum width of foundation shall be 1.0m.

9.1.8.14 ROAD AND PAVEMENT

For laying road and pavement, crust formation shall be prepared as per IRC: 37 and IRC: 58
(latest edition) as applicable. BOO Contractor shall submit the details of road & pavement by
considering CBR value of sub-grade material (or filled up soil, as the case may be) which
may be obtained from testing.

Proper cambering and top sealing of the road and pavement shall be provided to restrict
the ingress of rainwater in sub-grade.

9.1.8.15 CIVIL & UNDER GROUND PIPING

A. SITE GRADING WORK

Grading work to achieve the required grading level for laying the UNIT pavement at
required levels including clearing and stripping of the area, removing vegetation,
grass, shrubs, roots etc. within the scope battery limit is in the scope of BOO
CONTRACTOR. The location & area for borrowed earth or disposal of surplus earth,
debris etc. outside Refinery complex shall be identified and arranged by the BOO
CONTRACTOR on his own cost. BOO CONTRACTOR shall have to indemnify Client from
any agency for any claim whatsoever. BOO CONTRACTOR shall obtain relevant
statutory approval from all local bodies/statutory authorities (like municipal
etc.) including payment of charges/ royalty/octroi applicable for the same.

The borrow areas for earth required for filling shall meet requirement of relevant IS
Codes. BIDDER shall visit the site and verify the levels on his own and assess the
quantum of site grading work required. No claim in terms of time and/or cost for
any variation shall be admissible under any circumstances.

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B. APPROACH ROADS AND CROSS DRAINAGE WORK

Main approaches from main public road to B/L are in BOO Contractor’s scope.
However, all t e m p o r a r y approach roads for the UNIT/ Substation/SRR/MCR to
facilitate crane movement or any other vehicle movement for access and for
construction facilitation shall be in BOO Contractor’s scope. Any culverts (pipe
culvert/ RCC Box culvert etc.) required for temporary/permanent approach roads
to UNITs/facility to facilitate crane/ vehicle movement during construction/
erection/operation of equipment/plant etc. shall be provided by BOO
CONTRACTOR. All other roads inside the Battery limit (if required) shall be
constructed by BOO CONTRACTOR.

Dismantling of all temporary road and cross drainage work after completion of BOO
Contractor’s work, collection of debris, surplus earth and disposal of the same
outside the refinery limit and making the area clear and good is also in the scope of
the BOO CONTRACTOR.

C. RCC PAVEMENT

Providing RCC pavement with base for whole area within scope limit including
area around Substation, SRR & MCR and providing kerb wall and keys as and
wherever required is in the scope of BOO CONTRACTOR. The grade of concrete shall
be, in line with CPCL engineering design basis.

D. HARDSTAND

Hard stand inside or outside the BOO CONTRACTOR scope battery limit required for
erection of heavy equipment by cranes shall be ascertained & provided (as
required) by the BOO CONTRACTOR. Top level of hard stand shall be based on the
finished HPP of RCC pavement which shall be laid after completion of heavy
equipment erection activities.

E. ELECTRICAL CABLE ROAD CROSSING (ERC)/ INSTRUMENTATION CABLE ROAD CROSSING

(IRC)

Electrical and Instrumentation cable road crossing (ERC/IRC with PVC with RCC encasing)
under roads wherever required is in the scope of the BOO CONTRACTOR. RCC
Electrical/ Inst. cable trenches with pre-cast RCC covers, wherever required
shall be provided by the BOO CONTRACTOR. RCC trenches and heavy-duty
precast covers shall be designed to suit crane/ vehicle movement requirements.
Trenches in crane movement area shall be designed to withstand envisaged
crane movement capacity required for erection, Operation and maintenance.

For all electrical/ instrument cables crossing the approach roads, suitable road
crossings either by PVC pipes encased in concrete or RCC ducts/ culverts shall be
provided. Crossings shall be designed for envisaged crane loads required for
erection, operation and maintenance, etc.

F. STORM WATER DRAINAGE SYSTEM

Design & providing RCC drains for collection and disposal of uncontaminated rainwater,
firewater

etc. with HDG grating cover (galvanization shall be electro-forged type) & heavy
duty precast RCC cover slabs (around vehicular/crane movement area and within
15m radius from heater area (if any)). BOO package area storm water drains to
be connected to refinery storm water drain by BOO contractor. However, for
contaminated water separate drainage system shall be designed and discharge shall
be connected to CRWS pit/network. The storm water drainage network shall be
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designed in such a manner so that all the storm water is efficiently drained off
without any water logging.

The RCC storm water drain is to be provided around the buildings and shall be designed
considering the layout and hook-up with the existing refinery drainage
network. Water from roofs of buildings shall be collected in the rainwater
harvesting recharge wells (to be provided by the BOO CONTRACTOR).

CRWS pit shall be designed as per CPCL Engineering Design Basis. Excess water from CRWS
pit shall be routed, as per CPCL Engineering Design Basis.

RCC pit shall be provided for all valves, instruments on the underground portion of the
cooling water headers

9.1.8.16 SCOPE MATRIX

Sr. CPCL BOO

Activity Remarks
No. Contractor
1. Civil Design Basis General Note-3

2. Soil Investigation & Topographical / contour

survey

3. General Site Clearing of facilities including

underground facilities (if any)

4. Construction of Boundary Wall of

requisite height with gates, all around
the facilities, meeting the statutory,
local laws & OISD requirements.

5. Design calculations, Preparation of

engineering/Construction drawings

6. All Kinds of Civil Work including Site

development, grading, leveling, Pilling,
foundations of facilities, trenches
(cables, pipes & tubing), raw-water
storage facility, Earthing Pit, Boundary
wall, Fencing, Hard Surfacing,
pavement, Barricading, storm water
drainage, Gates, in complete facilities
including tie-locations within CPCL premises.
7. All Units/Facility Pipe-racks including OBSL
pipe-rack from Green H2 Unit to tie-points
at CPCL Premises (in case of non-
availability) & structural supports for the
piping systems.
8. Construction of Roads within the project
facilities (as per finalised layout)
including approach road to connect the
project facility with the nearest public
road.
9. Grouting of anchor bolts / pockets and space
under equipment base, shoe plates, Analyzer
Shelter, Local Panels etc.

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10. Finalization of all Buildings requirements
for Storage purpose, Security Office,
Canteen, Administrative Office,
Workshop, Laboratory, Control-Room (s),
Satellite Rack Room (SRR), Sub-station(s),
Operator Cabin, Workshop, as required
Operation & Maintenance of the Project
facilities.
Structural & Architectural Design of Buildings
11. All Buildings Construction work (as per Sr.8)
including plumbing, Sanitary, drinking
water facilities, toilets and arrangement
of necessary Lighting, ACs and
Furnitures as required/ finalised.

12. Supply & Installation of Structural Steel

Work, Canopy & Electrification & Other
facilities (as required)
13. Local platforms (like operating
platforms, access and cross overs,
platforms supported on equipment), Anchor
bolts, Pipe supports, local supports, Local
shed for Electrical & Instrument items,
shall be provided as per requirement.

Note-1: This scope matrix is indicative only & if any other requirements arise during
the course of detail engineering & execution of the project, shall be provided by BOO
Contractor.

Note 2:- BOO contractor shall follow CPCL Engineering design Basis-Civil & structural.

Note 3:- CPCL Engineering design basis, Standards & Specifications attached in
the bidding documents are minimum specifications required. Any standard /
specification not covered in the bidding documents but required to complete the job
shall be developed by BOO contractor with prior approval from consultant / Owner.

Note-4: For Rotating equipment bases grout shall be as per requirements of

equipment vendor or in absence of any stated requirements, grout type shall be Non-
Shrink Epoxy Grout.

Note-5: Control room building, SRR & Operator Cabin shall be RCC framed Blast resistant
structure and shall be designed as per OISD-163. All internal walls shall be masonry walls
with RCC roof. The building may comprise of Rack room, UPS room, Clean Agent room,
AHU room, Battery room, Engg room and office rooms as per functional requirements.

Further, requirement of RCC framed Blast resistant structure for other buildings shall
be finalised by BOO Contractor during detailed engineering as per statutory, local laws
and OISD requirements.

10.0 SITE CONSTRUCTION

10.1 GENERAL

a) BOO CONTRACTOR shall perform all necessary construction work in accordance with the
requirements outlined in the BIDDING DOCUMENT/Engineering design basis/
specifications /codes/statutory requirements.

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b) BOO CONTRACTOR shall be responsible for the construction of the facilities on schedule,
according to the approved codes & standards, contract specifications and drawings,
and also responsible for the workmanship of high quality and use of the equipment
and materials in accordance with good construction practice.

c) BOO CONTRACTOR shall provide all labour, construction equipment, tools and tackles,
materials, consumables, temporary facilities, construction utilities and so on, and
support services for the construction work.

d) BOO Contractor shall insure all the materials and equipments against fire, food,
earthquake, theft
etc. brought for the job till the Plant/Facilities are commissioned.
e) BOO CONTRACTOR will visit site to assess the site conditions and familiarize themselves of
site-specific requirements. During the visit BOO CONTRACTOR will also familiarize
themselves of locally available resources that may be required for carrying out site works.

f) BOO CONTRACTOR shall set up well equipped, gated, covered and secured pre-fabrication
facilities and site offices near the vicinity of site works. Watch and ward of these facilities
will BOO CONTRACTORs responsibility during the entire duration of the works under the
scope of this package.

g) BOO CONTRACTOR will provide details of required area for setting up the pre-fabrication facility
etc. after award of work considering that most of the items shall be prefabricated and
Modular construction shall be followed as per the bidding document. Suitable area (in case
available) with the project plot area shall be developed by BOO CONTRACTOR for setting up of
the pre- fabrication yard and site office. Site grading and development of the allocated area,
as required will be the responsibility of the BOO CONTRACTOR.

h) BOO CONTRACTOR is required to organize and mobilize Construction Management

Services in a systematic and sequential manner to ensure that the Plant installation is
carried out in accordance with the approved engineering drawings, specifications, standards,
QA/QC procedures etc. and its mechanical completion is achieved within targeted time
schedule.

For this purpose, the Contractor shall deploy a Construction Management Team headed by
a qualified & experienced person at site. The Construction Management team
shall include engineers/ specialists in QA/QC, Project Control (Planning, scheduling,
monitoring), contracts, construction supervision, progress measurement/billing,
safety, warehousing, purchasing etc. Key personnel including the Head should have
sufficient qualification/experience.

i) The construction work area shall be demarcated for focused construction activity and
senior level position/ area manager shall be identified early for the respective work.

j) HSE and safety procedures shall be complied by various agencies and contractors.

k) Key construction personnel shall also participate in 3D model review.

l) Owner will not be responsible for loss of any material in the site during construction

10.2 MONSOON COMBAT

a) During the Monsoon season, the BOO CONTRACTORs shall be responsible for making
suitable arrangements to combat monsoon to ensure uninterrupted site works. BOO
CONTRACTOR will do arrangements for keeping the prefabrication yard, working area free of
water logging and make necessary approach to work site as required.

b) The execution of the work shall entail working in all seasons including the monsoons.
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In so far as necessary, the BOO CONTRACTOR shall maintain at site at all times such
material, labour, pumps, equipment and machinery as may be required for the
performance of the work during the monsoon or other rains and shall plan well in advance
for the collection of material and equipment and the erection of such tarpaulins, sheds,
wind breakers and/or other protection as shall or may be necessary for the work during
the monsoon or other rains so that the rains or monsoon shall not hamper working. BOO
CONTRACTOR shall also arrange and bring to each job site such special equipment and
machinery as may be necessary to enable work during the monsoon, and shall, at his own
cost and initiative, arrange at all times for dewatering the job sites so as to keep the
construction site and areas to be worked upon, free of water.

10.3 PRE-FABRICATION & TESTING OF MATERIALS

a) Modularization and Maximizing prefabrication are one of the key strategies for project
implementation to achieve job completion within schedule timelines. BOO CONTRACTOR
will prepare & implement execution plan elaborating the pre-fabrication strategy so
that fabrication activities at site can be minimized.

b) Single piece erection of equipment shall be maximized to reduce site activities.

Equipment shall be erected in dressed up condition with major piping, platforms,
insulation, fire water spray nozzles etc. installed on the equipment at grade level.

c) Adequate covered fabrication, blasting, painting and storage facilities shall be

developed by the contractor in fabrication yard for facilitating uninterrupted piping
fabrication works including during rainy season.

d) BOO CONTRACTOR shall ensure Comprehensive Piping Spools management system / program
during the entire execution of site work. Pipe supports shall be prefabricated to the extent
possible.

e) BOO CONTRACTOR shall use system/program for material and inventory management, weld
mapping, revision management, activity level stage wise control with documentation at all
level of fabrication and erection and related commercial billing. Advance technique like
Bar code-system must be used for identification of materials to ensure automation.

f) Latest construction techniques will be utilized in performing site activities with an overall
objective to maximize production in minimum time without compromising on quality.

g) Pavement of the unit after completion of UG shall be undertaken concurrently with UG

completion.

10.4 ERECTION OF HEAVY LIFT/ TALL EQUIPMENTS/ STRUCTURE

a) Mobilization of required capacity Crane for handling / installation of module, stacks,

columns etc. including supply of Operator, Rigging Gang, skilled manpower, tools and tackles
and thus make the cranes ready for use is in the BOO Contractors scope. Erection shall be
performed by the BOO CONTRACTOR
as per construction plan.

b) The sole responsibility with respect to erection scheme & arrangements and complete erection
lies with the BOO CONTRACTOR.

c) All the equipment coming under the domain of heavy lifts shall be supplied to site in single
piece at the extent possible. Depending upon the erection scheme to be followed, all these
equipment shall either be dispatched to site after hydrotest at vendor’s works and cutting
to size as may be warranted or shall be dispatched to site for assembly and hydro test at
grade before lifting in position either in single piece or in multiple pieces.

d) Equipments shall be hauled up directly on the foundations and technological

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structures to the extent possible.

e) BOO CONTRACTOR shall be responsible for sequencing the erection activities with respect to
modular structures/piping and other works, cordoning-off the areas under risk prior to
erection.

f) BOO CONTRACTOR shall be responsible for Dressing-up of equipment including piping,

insulation, installing circular platforms, ladders, landing etc., installation of sliding
plates/base plates etc. both in horizontal & vertical condition at grade level itself before
erection

g) BOO CONTRACTOR shall be responsible for following

activities: Providing skilled & un-skilled
manpower.
Ensuring equipment orientation during erection.
Bolting/tightening and securing the equipment during and upon
placement on the
foundation including inserting extra shims/pack-plates/jacks etc. if required.
Bringing the equipment to correct alignment with respect to all three axes including
blue- matching if required.
Grouting the equipment base with foundation.

h) BOO CONTRACTOR is deemed to have full knowledge of applicable codes and standards,
laws and regulations, conditions of labour, local conditions and environmental aspects and
shall comply with the requirements thereof.

10.5 BOO CONTRACTOR shall perform the following services for construction management in
ac
cordance with the construction co-ordination procedure agreed with OWNER /
CONSULTANT.

a) Organize, plan, supervise and manage the construction activities as a whole. An organogram
comprising adequate technical persons of various disciplines at various phases of
construction as agreed by OWNER/CONSULTANT must be maintained by the BOO
CONTRACTOR at site. Organogram of BOO CONTRACTOR at site & HO to be given to OWNER
/ CONSULTANT for the information.

b) Day to day Supervision of various activity of different construction works I/c,

monitoring, inspection, planning and expediting the work in order to secure completion
of contracts in conformity with plans, specifications/drawings and approved schedule.

c) Organize daily/weekly/monthly review meetings with OWNER / CONSULTANT at site, as

finalised during KOM.
d) Check/ Certify quality of work performed and maintain necessary records.

e) Inspection & Interpretation of LPI, DPI, MPT and Radiography Film of weld joints, witnessing
of SR and review of its reports.

f) Ensure PMI as per approved QAP.

g) Conducting of Hydro testing, Pressure/Leak tests, Flushing, Air Drying, Box up and
inertization of Piping/Equipment.

h) Welder Qualification for structuring/piping works.

i) Prepare crane erection plan for major Equipments.

j) Erection of static/ rotary equipment including final alignment/MRT and coordination

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with respective vendors at site.

k) Preparation of Project progress reports on monthly basis (i.e MPR: monthly progress
Report), construction schedules and other reports necessary for the orderly and
speedy execution of the construction work and submission to CPCL every month.

l) Arrange for the services of vendor’s specialists as required, for satisfactory

execution of erection and mechanical trial.

m) BOO CONTRACTOR shall be responsible for ensuring quality of construction (including

materials) carried out by him/his approved sub-contractors in accordance with the
requirements given in Appendix-A for Quality Assurance / Quality Control (QA/QC) during
construction including all documents referred in Bid document.

n) BOO CONTRACTOR shall be responsible for controlling and issue of technical drawings and
documents, preparation of field sketches, field modifications, checking/preparation of as-
built drawings, etc. BOO CONTRACTOR should have adequate facilities for incorporating
field changes, preparation of As-built drawings, Printing machines and Drawing &
Document Control System.

10.6 QUALITY ASSURANCE AND QUALITY CONTROL DURING CONSTRUCTION PHASE

10.6.1 It is BOO Contractor’s prime responsibility to arrange/ produce the product

conforming to contactspecifications, applicable standards and inspect all
equipment, materials and works at various stages of execution as per the approved
QA Plans. BOO Contractor shall deploy an exclusive team of Quality control Engineers
and Supervisors for ensuring the quality of works executed at site on day-to-day
basis.

BOO CONTRACTOR shall comply with all statutory rules & regulations in force during execution
of work and interface with such authorities as required.

10.6.2 Site Inspection Methodology

i. The QA plans for execution shall be developed by the BOO CONTRACTOR.

ii. The BOO CONTRACTOR shall develop Inspection & Test Plans and Formats for all
construction activities and ensure & monitor its compliance during construction at
site.

iii. It is likely that the BOO CONTRACTOR may engage sub-contractor(s)/vendors for
performance of the work. BOO CONTRACTOR shall be responsible for ensuring the
implementation of approved QA plan, contract specifications and contract conditions
through their sub-contractors to achieve the quality during all stages of construction.
It shall be the responsibility of the BOO CONTRACTOR to ensure proper coordination
between his sub- contractor(s) and other agencies working at site.

10.7 TEMPORARY FACILITIES

BOO CONTRACTOR shall design, supply, construct and maintain the temporary facilities such
as Site office, fabrication yard, storage, warehouse etc as required.

BOO CONTRACTOR shall make his own arrangements for the supply and maintenance of
Construction power and Potable water.

10.8 DOCUMENTATION AND RECORDS

All the necessary documentation & records shall be maintained by BOO CONTRACTOR till
completion of project.

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The documentation & records may include the following: -
i) Approved Quality Assurance Plan
ii) Approved Inspection and Test Plans
iii) Inspection and test documents covering
a) Manufacturer Test Certificate
b) Material Receipt Report including Inspection Release Note, if applicable
and Site Inspection and acceptance Report on quality and quantity
of material
c) Site test/laboratory test Report reviewed by BOO CONTRACTOR for
acceptance vis- à-vis to contract/code requirements for
materials/including PMI report at warehouse.
d) In process Verification reports of BOO CONTRACTOR representative and
TPIA (as applicable)
e) Final verification report including any test checks done for compliance
f) As-built vis-à-vis to contract/drawings including tolerances
g) As built for erection
h) Non-conformance resolution raised by CONTRACTOR/OWNER
i) Concession/Deviation approval by Owner
j) Change order approval by Owner in case there is variation from
contract
k) QA/QC Audit Reports and compliance Reports thereof
l) Mechanical Completion formats

11.0 PRE-COMMISSIONING

BOO CONTRACTOR shall conduct pre-commissioning, start-up, Commissioning and

Performance Test Run including all checklists, flushing schemes etc. for the facilities in
accordance with requirements of the BIDDING DOCUMENT/BDEP/Operational
Manual/codes & specifications.

11.1. BOO CONTRACTOR shall prepare Plant specific operating manuals for unit & other
utilities for sufficient, safe operations, start-up and shut down and emergency handling
of the Process Unit/ facility. The pre- commissioning scope to include also: Prepare
and provide 3 (three) copies of plant specific operating manuals for sufficient, safe
operations, start-up and shut down and emergency handling to CPCL. The manual will
also include the details of package items and their operating procedures and detailed
operating guidelines. The manual will be submitted for CPCL for information at least 6
months before start of the pre-commissioning activities.

11.2. BOO CONTRACTOR will prepare detailed flushing, pre-commissioning, and

commissioning schedule along with the scheme and procedures for unit & facilities and
will submit for CPCL’s for information, two months in advance.

11.3. BOO CONTRACTOR will carry out various works of initial operation for the preparation
of unit facilities for commissioning, i.e. check-listing, flushing, pre-commissioning
checks and commissioning.

11.4. BOO CONTRACTOR commissioning personnel, operators shall be available at plant site
for check listing, flushing, pre-commissioning and during commissioning and during
initial plant operation till stabilization and successful commissioning, PGTR and handing
over of plant to the BOO Contractor plant operation team.

11.5. BOO CONTRACTOR to certify that all the equipment’s are as per the required
specification and installation is as per the drawing.

11.6. BOO CONTRACTOR to carry out P&ID check at site and & certify that all the jobs are
done as per the P&ID

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11.7. BOO CONTRACTOR to certify the chemicals, catalyst loading, storage etc.

11.8. BOO CONTRACTOR to fill & maintain records of all the formats as per the standard
practices.

11.9. BOO CONTRACTOR to certify all the hydro testing for the equipment & piping.

11.10. BOO CONTRACTOR to certify the machine run test of all the new mechanical/electrical
items.

11.11. The pre-commissioning, commissioning, start-up activities include inspection,

checking/ correcting and ensuring proper:

 Packing and Seals

 Alignment of Rotating Equipment
 System Check/ Inspection
 Flushing
 Leaks & Pressure Tests
 Machine run test of electrical/mechanical items
 Catalyst storage, loading
 Safety Devices
 Hydro-testing of Equipment/ Piping/ piping supports/ de-blinding i/c final box up
and certification.
 Coordination with OISD audit team and other statutory authority.
 Commissioning of Electrical Power & Lighting Systems i/c equipment and panels
and fire and communication system etc.
 Commissioning of all Instrument Systems etc.
 Immediate authentication of all necessary changes in interlock/ loop schematics.
 Commissioning of entire unit.
 Any other requirement pertaining to specific equipment in the unit

12.0 MECHANICAL COMPLETION

12.1. BOO CONTRACTOR shall notify CPCL in writing that the UNIT is mechanically
completed, and all the major pre-commissioning check list points are liquidated, and
unit is ready for start-up and commissioning & trial runs.

12.2. The date of completion of pre-commissioning as foresaid shall be deemed to be the

date of Mechanical completion of the plant for the purpose of this contract. When the
construction of the UNIT has been completed including completion of all punch list
items as provided by CPCL (if any) and/ or regulatory bodies like OISD, PESO, CEA,
TAC, Factory Inspector etc. to make the Plant ready for pre-Commissioning, other than
in minor respects which do not prevent commissioning, all civil engineering is
completed, all equipment and machinery are installed and aligned, all piping and
instrumentation work is completed including insulation & painting, all electrical work is
completed, all hydrostatic/ pneumatic testing is done, speed and direction of rotation
of all prime movers is checked, relays are set and all scales, meters, measuring devices
and recorders are calibrated, all instrumentation jobs are completed in all respect all
the loops and interlocks are tested and set as per requirements.

12.3. The date of completion of pre-commissioning as aforesaid shall be deemed to be the

date of MECHANICAL COMPLETION of the UNIT/Facility for the purpose of this
CONTRACT. The PROJECT shall be deemed taken over on successful commissioning of
the same and supply of all documents, spares, Surplus Material, AS-BUILT drawings
etc., as per contractual provisions by the BOO Contractor and acceptance of the same

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by the CPCL contractual provisions by the BOO CONTRACTOR and acceptance of the
same by the CPCL.

13.0 PERFORMANCE GUARANTEE

The BOO CONTRACTOR shall be responsible for performance guarantees in terms of

product quality and rated capacity including turn down capacity of unit and/ or facility
and/ or systems so far as relate to or depend upon or arise out of Process Design,
Residual Process Design, HAZOP / SIL, HAZID Study performed and/ or done and/ or
designs, drawings and/or specifications.

14.0 START-UP AND COMMISSIONING

14.1. Start-up and Commissioning of the Unit & facility consists of activities as defined as
per below: -

14.2. The Unit shall be started up and commissioned by the BOO CONTRACTOR.

14.3. After completion of erection and prior to startup of the Unit/ Facility, Joint team of BOO
contractor & CPCL will inspect the Unit/ Facility to check the unit/facility readiness in
accordance with the requirements and for start-up in all respects including process
requirements. The responsibility for correctness of the Plant will lie with the BOO
CONTRACTOR only. All punch-points proposed by the team and any modifications
required for safe and smooth startup of the plants and facilities will be incorporated by
BOO CONTRACTOR and same needs to be implemented before commissioning. BOO
CONTRACTOR shall also arrange services of OEMs for necessary assistance during
inspection & start-up at site.

14.4. In course of such an inspection, joint team (as per above) representatives shall indicate
in writing those adjustments, alternations and/ or repair relating to the Unit/ Facility/
equipment as it deems necessary for start-up, commissioning and performance test
run and such adjustments, alterations, and/or repairs shall be immediately arranged
to be carried out by BOO CONTRACTOR as part of start-up operation.

14.5. BOO CONTRACTOR shall submit list of systems and prepare list of pre-commissioning
activities to be performed for all applicable disciplines against each system, including
flushing schemes for piping sub- systems. These documents shall be prepared,
discussed and submitted to CPCL at least 45 days before start-up & pre-commissioning
activities for all the facilities.

14.6. Requisite documentation formats and procedures for carrying out pre-commissioning
start up and commissioning activities will be prepared by BOO CONTRACTOR and
firmed up in consultation with CPCL in line with pre-commissioning schedule
requirements.

14.7. BOO CONTRACTOR will arrange their own operating manpower as required for pre-
commissioning, commissioning, PGTR of Process unit and other facilities such as:

 Commissioning Coordinator
 Shift In-charge
 Control Room Coordinator
 Field Supervisors
 Trained Operators
 Technicians for Equipment & Instrument troubleshooting
 Licensor’s Representatives

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14.8. BOO CONTRACTOR shall arrange the vendor/Supplier’s/OEM representatives required
for start-up /commissioning.

15.0 PERFORMANCE TEST

15.1. For the purpose to demonstrate that the UNIT/facility meets guarantees, performance
tests shall be carried out by BOO CONTRACTOR under the direction of OWNER and or
their designated representatives after commissioning the plant.

15.2. The exact date of the Performance Test shall be mutually agreed upon between BOO
CONTRACTOR & OWNER.

15.3. The performance test shall be carried out in accordance with a detailed technical
program to be drawn up by BOO CONTRACTOR, which shall be discussed and finalized
in consultation with OWNER prior to the commencement of the performance test.

16.0 INSPECTION

16.1. PROCUREMENT INSPECTION FOR PROCURMENT ITEMS: -

16.1.1. BOO CONTRACTOR shall be responsible for providing an Inspection and quality
management program, which shall ensure that equipment and materials manufactured
shall meet the requirements of the CONTRACT.

16.1.2. BOO CONTRACTOR shall himself perform the Procurement Inspection or may hired
services of Third-Party Inspection Agencies (TPIA). All the items procured by the BOO
Contractor shall be subjected to Stage- Wise inspection and testing at Vendor’s/sub-
Vendor’s works. Inspection philosophy along with Inspection test plan for all items
procured shall be clearly elaborated & finalized by the BOO contractor.

16.1.3. All the vendors/suppliers/Sub-vendors shall be sensitized towards quality of final

documentation.

16.1.4. BOO CONTRACTOR shall facilitate visit of OWNER at vendor works for critical
equipment’s / materials as deemed necessary by OWNER.

16.1.5. Acceptance of site/shop tests shall not constitute a waiver of requirements to meet the
field performance under the specific operating conditions nor shall inspection by
purchaser or his representative relieve the BOO contractor of his responsibilities in any
way.

16.1.6. For the Critical equipment’s/Packaged Items including brought-out items from Sub-
vendors, following Inspection activities shall be done: -

 Verification of MTCs.
 Approval of ITPs
 Hydro-test/Leak test of the Complete Unit/ Components
 Helium of the unit, wherever applicable
 Mechanical Run test.
 Performance Test.
 Functionality Test
 Visual & Dimensional Verification
 Statutory approvals-verification (as applicable)
 Final Assembly
 Verification of Spares & Packing list.
 Issuance of Inspection release note.

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16.2. CONSTRUCTION INSPECTION

BOO CONTRACTOR shall apply the required field inspections and tests as required by
BOO CONTRACTOR'S quality management program and finalized ITPs. This program
shall additionally ensure that all inspection and test required by Government regulatory
bodies are completed.

Refer Clause no. 10.6 of this document for detailed Quality Assurance and Inspection
methodology during the construction phase inspection.

16.3. PRE-COMMISSIONING INSPECTION

Joint team of BOO Contractor & CPCL representatives shall carry out inspection of the
facilities to ensure that erected facilities conform to flow diagrams, construction
drawings, suppliers’ documents, and specifications as per the requirements of the
BIDDING DOCUMENT.

17.0 HEALTH, SAFETY & ENVIRONMENT

The design of the FACILITIES shall comply with all applicable safety regulations
specified by government agencies having jurisdiction over the facilities and
requirements & documents specified in BIDDING DOCUMENT.

BOO CONTRACTOR shall comply with all applicable safety regulations during the
transportation of equipment and materials, construction, and commissioning of the
facilities.

17.1. HSE and safety procedures shall be complied by BOO CONTRACTOR and various
agencies and contractors under them.

17.2. BOO CONTRACTOR shall develop comprehensive specification for Health, Safety &
Environment protection and the same is to be made part of bids with the following
objectives

 to protect from risk of human injury/ death

 to protect from property damage
 to protect the environment

17.3. BOO CONTRACTOR shall ensure adherence of all safety requirements by sub-
contractors working under them.

17.4. BOO CONTRACTOR shall depute full time Safety officers at work Site to check, ensure
& compliance of the various safety requirements during all phases of construction.

17.5. The brief scope for the safety management at site shall be as under:

17.5.1. Ensure daily Safety Toolbox Talk for different works at site.

17.5.2. Ensuring Compliance of PPEs for various categories of workmen at site.

17.5.3. Issuance of different work permits for all works at site and compliance of the same
before the commencement of respective work.

17.5.4. Ensuring compliance of safety norms as per CPCL standards/ practice.

17.5.5. Review of Health/Fitness Certificate of Heavy Equipment including crane/ Vehicles at

site.

17.5.6. Ensuring Medical Health Check Up of Workmen engaged for the Work.
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17.5.7. Issuance of Work Permit for lifting plan of the equipment.

17.5.8. Inspection of Rigging Hardware, Electrical/ Welding Cables at Site

17.5.9. Ensuring Availability of First Aid Box at Site.

17.5.10. Ensuring Safe Work Practice for different Category of Work.

17.5.11. Ensuring Barricading/Housekeeping of construction/operating area at site.

17.5.12. Reporting of Near Miss Report to Owner.

17.5.13. Maintaining details of Safety observation report, toolbox talk.

17.5.14. Report and Analysis of Incident/ Accident and ensure corrective action.

17.5.15. Ensuring use of proper scaffoldings with safety tags at site.

17.5.16. Ensuring fire prevention/control and use of safety appliances e.g., Fire Extinguishers,
Fire Hose, Emergency Siren etc. at site.

17.5.17. Ensuring safe vehicular movement at site.

17.5.18. Conducting periodical safety meetings with safety managers of different construction
agencies.

19.0 DOCUMENTATION

19.1 General

The intent of this section is to outline general requirements for correspondence, design
documents, drawings, calculations, manuals, procedures, reports, and copies thereof
which shall be prepared and issued during the course of the WORKS by BOO contractor.
Further description and details for documentation shall be as per the requirements of
BIDDING DOCUMENT.

The BOO CONTRACTOR will be required to submit a detailed “Correspondence and

Document Management Procedure”. This procedure is required to be submitted during
KOM. BOO CONTRACTOR shall prepare overall Supervisory operating manual (SOM).
The operating manuals of the critical items/ packages/Units are also to be incorporated
in the SOM.

19.2 Correspondence

There will be three types of written or electronic correspondence between CPCL and
BOO CONTRACTOR. These are:

a. Letters

b. Email communications

c. Transmittals (reports, drawings, etc.) through document management system.

19.3 Documentation Management system

Drawings submission and approvals shall be coordinated through Consultant’s

Electronic Document Management System (eDMS). It is the overall intent of this
BIDDING DOCUMENT that the BOO CONTRACTOR's control of documents and overall
document management conforms to ISO 9001 quality standard.

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All documents that require CPCL for approval/review/information must be submitted
in an orderly and timely manner to ensure progress of sub-ordering and construction
of WORKS as per contractual schedule & Vendor Data Requirement. CPCL approval/
review shall not absolve BOO CONTRACTOR for full contractual responsibility and
liabilities for all contents of such documents. The BOO CONTRACTOR will be required
to utilize a full time Document Controller from time of award until completion of
CONTRACT. The Document Controller shall report to the Project Controls Manager and
be responsible for submitting of documents, coordinating and updating all document
logs and responsibility for all files.

19.4 Photographs

It is a requirement for the BOO CONTRACTOR to keep photographic and video records
of the facilities through all phases of the work which shall be shared with CPCL for
information.

19.5 Distribution of Documents

BOO CONTRACTOR shall submit, to CPCL, quantities and types of documentation

copies as defined in the vendor document portal.

19.6 Document Approval

Document Control Schedule/index (DCI) shall be submitted by BOO CONTRACTOR,

which shall summarize the documents required to be reviewed/approved by
OWNER/CONSULTANT. Review/approval by OWNER/CONSULTANT in no way shall
relieve BOO CONTRACTOR of its obligations and responsibilities under the CONTRACT.

All documents that require CPCL for approval/review/information must be submitted

in an orderly and timely manner to ensure progress of sub-ordering and construction
of WORKS as per contractual schedule & Vendor Data Requirement.

OWNER/CONSULTANT will not review/approve any incomplete submission.

BOO CONTRACTOR shall refer to the appropriate section of the BIDDING DOCUMENT
for the specific requirements and transmittal medium, i.e. prints, CDs, etc. for
documents originating from various computer programs. All such documents that
require OWNER/CONSULTANT’s approval or review must be submitted in a timely
fashion in order not to disrupt the progress of the facilities. OWNER/ CONSULTANT
approval shall not absolve BOO CONTRACTOR for full contractual responsibility and
liabilities for all contents of such document.

19.7 COMPUTER SOFTWARE REQUIREMENT

19.7.1 Entire plant shall be designed on a computer based reputed “Plant PDMS Design
Management Systems” on Windows platform to furnish the following:
 Equipment Layout
 Orthogonal drawings
 General Arrangement Drawings (GAD’s)
 Isometrics
 Bill of materials
 3D model of the plant
19.7.2 PERT (Program Evaluation Review Technique) Network and other project planning
documents shall be done on Primavera Project Planner.
19.7.3 Latest CAESAR version for stress analysis.
19.7.4 All text data shall be on MS Word in Windows XP.
19.7.5 All Spread sheet work shall be on MS Excel in Windows XP.
19.7.6 All other documents like presentations etc. and other data shall be in MS Office in
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Windows XP.
19.7.7 All drawings shall be furnished in AUTOCAD & PDF formats.

19.8 DOCUMENT REPORTING SYSTEM

In addition to the procedure/condition mentioned in above clauses on submission of

various report related to project progress, BOO Contractor shall also be responsible to
submit, enter and update all requisite details in a digital platform developed by BOO
contractor for shared documentation for effective monitoring and controlling of its
projects. This platform shall be developed to capture all the critical and relevant
Progress data the project at its various stage of execution.

20.0 STATUTORY COMPLIANCE /APPROVALS

Bidder to calculate and submit the Carbon intensity calculation from the Project as per
MNRE Guidelines. The overall Carbon intensity from the Project, including supply chain
logistics, shall be limited to a maximum of 2kg of CO2 per kg of Green Hydrogen
produced. BOO Contractor shall provide certification through third party accredited
under MNRE for the carbon intensity estimation.

A. STATUTORY APPROVALS FOR PROJECT SITE WORK, COMPLETION,

COMMISSIONING

20.1 BOO CONTRACTOR shall comply with all requirements of Statutory authorities (like
PESO, IBR, Factory inspector, Industrial Licensor, CEA, OISD, CPCB, SMPV rules,
GPCB, State FIRE& SAFETY Norms etc.) for conducting their work. Any change and/ or
addition, if required to be made to meet the requirements of the statutory authorities
shall be carried out by the BOO CONTRACTOR without any cost & schedule impact.

20.2 It is the sole responsibility of BOO CONTRACTOR to prepare all documents in requisite
format but not limited to Presentations to statutory bodies/Authority, Physical
appearances/necessary visits, Liaising, Coordination etc., for obtaining Statutory
authorities approvals including any other clearances required.

20.3 BOO CONTRACTOR shall give all assistance and co-operation to the inspection
authorities for inspection works at various stages at Project Site.

20.4 The Inspection and acceptance of the work by statutory authorities shall, however, not
absolve the BOO CONTRACTOR from any of his responsibilities under this contract.

20.5 BOO CONTRACTOR to comply to the requirement of MB LAL report on Jaipur fire
incident as applicable to this project.

20.6 BOO Contractor shall obtain ALL licenses, statutory approvals, clearances, permits and
allocations, connected with the Project, including GHGU Site and Green Hydrogen
cross-country pipeline upto the Delivery point, along with payment of Statutory fees,
as applicable.

20.7 The application in advance shall be submitted to relevant authorities along with copies
of required certificates complete in all respects so that the actual construction/
commissioning of the work is not delayed for want of the approval/inspection by
concerned authorities.

20.8 Exclusion: BOO Contractor will obtain Environment Clearance (EC) & NIPL clearance,
connected with the Project along with payment of Statutory fees, as applicable.

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B. STATUTORY APPROVALS FOR PROCURMENT ITEMS SUPPLY & INSTALLATION

20.9 BOO Contractor shall be responsible for obtaining all Statutory approvals for the
procurement Items/Packages/ Equipment’s, related with Supply & Installation at
project site, including payment of statutory fees, as applicable.

20.10 In addition, equipment’s/instruments/systems located in the hazardous area shall be

certified by the local statutory authorities for their use in their installation.

20.11 The design and the installation shall be in accordance with established codes, good
engineering practices and shall conform to the statutory regulations applicable in the
country.

20.12 BOO Contractor shall carry out all modifications / alterations required by Statutory
bodies.

C. STATUTORY APPROVALS FOR OPERATION OF THE FACILILY.

20.13 BOO Contractor shall be responsible for obtaining all Statutory approvals, clearances,
NOC & License, as required for the Operation of the Plant/facility including payment of
statutory fees, as applicable.

20.14 BOO Contractor shall carry out all modifications / alterations as directed by Statutory
bodies & local laws or other government agencies.

21.0 JOB SPECIFICATION FOR PURIFCATION & COMPRESSOR PACKAGE

21.1 GREEN HYDROGEN PURIFCATION PACKAGE

21.1.1 BOO Contractor shall employ proven process to produce Green hydrogen from H2
purification Package at purity level specified in Process design basis. The Hydrogen
product shall be continuously available at the conditions specified in design. The
Constant Hydrogen recovery rate and product purity shall be maintained over the
entire operating range of the plant.

21.1.2 Unless otherwise specified; the package shall be designed for 25 years’ operation and
continuous duty.

21.1.3 The system shall be capable of operating on a continuous basis and shall be completely
automatic, requiring no operator intervention, with all cycle control valves actuated by
vendor supplied control system.

21.1.4 In the event of malfunctioning of any of the control valves or an adsorption vessel
going out of line, the cycle time should automatically adjust and system should
automatically follow a new sequence without interruption of the product flow and
maintaining product quality & quantity.

21.1.5 Adsorber Vessels & Reject Gas Surge Drum (as Applicable):

 No. of adsorber vessels shall be selected by BOO contractor based on the

operating & design conditions as provided in process datasheet. However,
System shall be designed so that one adsorber vessel (or a pair of adsorber
vessels) can be removed from service for maintenance still maintaining design
hydrogen production, recovery and purity.
 Minimum one (1) no. reject gas surge drum shall be provided for the package in
the reject gas line to maintain uniform reject gas pressure as mentioned in PDS

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 Vessels (Adsorbers) going under cyclic operation, fatigue analysis as per ASME
Section VIII Division II shall also be carried out and report shall be submitted for
purchaser's review.
 In case the Hydrogen partial pressure is 7 kg/cm2 (g) or higher, the items shall
be designed for Hydrogen service. For vessels under Hydrogen service, complete
vessels shall be stress relieved as per ASME section VIII Div. I. Hardness of weld
in heat affected zone after PWHT shall not exceed 200 BHN.
 All internals of the Adsorber vessels (except support plates/ beams) viz wire
mesh on bed supports, flow distributors and inlet/outlet nozzle screens shall be
Stainless Steel. However, support plates/ beams may be of CS.
 Irrespective of the code requirement, all vessels shall be 100% radiographed
except Reject gas surge drum. Reject gas surge drum shall be spot radiographed
(minimum 10%). However, all T Joints shall be 100% radiographed.
 Adsorber vessels shall be loaded/ unloaded via top manhole.

21.1.6 Noise shall be limited to a continuous equivalent sound pressure Level of 85dBA at a
distance of 1 m from valve skid of package. Sound attenuators/ Acoustic insulation, if
required, shall be provided as per vendor standard to meet the requirement of noise
limitation.

21.1.7 All nozzles for adsorber vessels (as applicable) shall be either self-reinforced or integral
reinforced (hydrogen service under cyclic condition) with weld-neck flanges and full
penetration butt welded with shell/head and radiographable type.

All nozzles on pressure vessels under static internal pressure other than adsorber
vessels (as applicable) shall be provided with opening reinforcing pads for 80NB (3")
and above nozzle size. For nozzle size upto 50NB, long weld neck (LWN) or weld neck
(WN) flanges with stiffener shall be used.

21.1.8 All internals of the Adsorber vessels (except support plates/ beams) viz wire mesh on
bed supports, flow distributors and inlet/outlet nozzle screens shall be Stainless Steel.
However, support plates/ beams may be of CS. Adsorber vessels shall be loaded/
unloaded via top manhole

21.1.9 Adsorber outlet piping shall have provision for nitrogen purge connection for future
operation & maintenance activities. The provision shall include providing isolation valve
with blind flange. A permanent nitrogen header shall be provided on valve skid with
tapping’s (including isolation valve with blind flange) nearby each adsorber (or a pair
of adsorbers) so as to facilitate purging as and when required.

21.1.10 All Process & Utility piping shall have isolation valve at the battery limit and for the
forged valves SW, piping shall have Isolation valve with flanged connection for
subsequent piping by others.

21.1.11 Complete Pressure relief system (PSVs) shall be provided for all the complete Package
as well as vessels in line with the following criteria:

 PSV for operational failures shall have installed spare (1 spare to be provided in
case of multiple PSV). PSV exclusively for non-operational failures (external fire
or heat exchanger tube rupture) may not have installed spare. PSVs shall be
provided with up-stream and down-stream isolation valves with bypass.
 PSVs shall be mandatory considered for the Vessels and Filters
 All Flare piping discharge from the Package PSVs/relief devices shall be routed to
flare Header.

21.1.12 Pre-Filter/ Knock-out Drum and After-Filters

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Requirement of Pre-filter/ Knock-out drum (to prevent dust/ liquid carryover into the
adsorbent material) shall be decided by BOO Contractor based on composition as
specified in the Process datasheet. If required, same shall be supplied by BOO
contractor as per their standard supplier’s design.
 Knock out drum shall be equipped with level instrument, level transmitter and
drain valve with blind flange. Vendor shall furnish the procedure for safe removal
of the liquid, if any, collected in knock-out drum.
 Vendor shall Supply one (1) no. product filter with standby along with by-pass
line and necessary isolation valves. Filters shall be designed as per vendor's
proven standard.
 The product filter shall be designed to retain particles of size greater than 5
microns with an efficiency of 99.9%.
 Filters/ Knock-out drum shall be provided with differential pressure transmitter
& isolation valves.

21.1.13 Control System:

 Control Panel Shall be PLC based type.

 The control system shall perform all sequencing, interlocks, Logic and control
loop functions and provide the following operating modes:
a) Fully automatic operation.
b) Manual override of automatic valves (only when unit or particular absorber
is out of operation).
 The control system furnished shall meet the following requirements:
o The cycle sequencing shall be carried out in a Programmable Logic Controller
(PLC).

o The controls system shall have the capability to automatically close feed,
product and purge valves, and to signal shut down for the following condition
as minimum.
 Long cycle time
 Low feed gas pressure
 Low product pressure
 Reduction in product purity
 Power failure
 Low instrument air pressure

 The Control System shall have running and shut down displays capable of
indicating maloperations, start and stop push buttons.

 Cycle time shall be automatically adjustable (with manual override features)

from the Control System to allow improved recovery during low feed gas rates.

 In the event of malfunctioning of any of the control valves or an adsorption

vessel going out of line, the cycle time should automatically adjust and system
should automatically follow a new sequence without interruption of the product
flow and maintaining product quality & quantity.

 Pressure gauges, calibrated in standard metric units, shall be provided on feed,

product and purge gas stream.

 The PLC control System shall have diagnostic feature to enable operator to
diagnose the item and reason of failure and remedy shall be explained in
operator's manual.

 All instrumentation shall be designed as per Instrumentation specification.

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 The control system shall execute following minimum functions:
a) Cycle sequence control.
b) Pressure and feed-forward control for internal and reject-gas flows.
c) Control of purge, re-pressurization and dump flow rates.
d) Automatic adjustment of cycle time and depressurization,
depressurization rates based on plant capacity (or change in feed flow)
and change in feed gas composition.
e) Real time Management of communication registers.
f) Troubleshooting guide for the operator.
g) Process data summary.
h) Trending of operating variables.
i) Automatic switchover initiation.
j) Alarms summary.
k) Manual intervention, if necessary.

21.1.14 Valve Skid & Interconnecting Piping

 Prefabricated valve skid shall be supplied, containing all the piping, valves and
outdoor control instrumentation for the unit

 Each valve skid shall include following as a minimum:

o Steel skid base frame (with earthing lugs) to support piping, valves and
instruments.

o Pneumatically operated process valves for control of internal flows and

pressures.

o Pipe supports.

o Process pipework.

o Filters, Knock-out drum (as applicable) along with associated piping shall
preferably be part of valve skid. In case, these are supplied loose,
prefabricated interconnecting piping shall also be supplied by vendor.

o Instrument air header with air filter-regulator unit and pressure gauge.

o Pressure gauges and electronic transmitter, complete with individual

manifold block for each adsorber.

o Process impulse tubing to instruments in stainless steel.

o Solenoid valves and positioners connected to the instrument air header

o Signal cables connecting skid instruments to terminating junction boxes.

o Adsorber & product filter safety valves.

o Common walkway with steps at both the ends/ adequate accessibility for
operation and maintenance.

o Surface preparation and painting of steel structure, piping system and

supports

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21.1.15 INSPECTION AND TESTING

 Equipment shall be subjected to stagewise expediting, inspection and testing

at vendor's /sub- vendor's works by BOO Contractor or its authorized inspection
agency. Vendor shall submit Quality Assurance (QA) plan before
commencement of fabrication. Approved QA plan shall form the basis for
equipment inspection.

 Testing at Works

Vendor shall perform tests and inspection necessary to ensure that the material
and workmanship conform to the requirement of this specification.
Testing at vendor's/ sub-vendor's works shall include following as minimum:

i. Review of Material identification test reports like mill test certificates,

PMI (if applicable).

ii. Dimensional checks for all the vessels and valve skid.

iii. Review of non-destructive test reports such as radiography, dye

penetration, ultrasonic testing etc.

iv. Review of heat treatment reports like PWHT (Post weld heat treatment).

v. Vessels shall be Hydro-static tested and valve skid including all process
& utility piping spools/ manifolds/ header shall be pneumatically tested
for duration of minimum one (1) hour

vi. Functional test of the valve skid which includes stroking of actuators,
checking of valve opening/ closing etc.

vii. Functional test of PLC as per instrumentation specification.

viii. Any or all the tests, at purchaser's option, shall be witnessed by

purchaser/its authorized inspection agency. However, such inspection
shall be regarded as check-up and shall in no way absolve the vendor
of his responsibility.

 Testing at Site

Following tests shall be carried out by erection contractor at site:

i. Non-destructive testing for field joints.

ii. Hydrotest for the field welded spool pieces.

c)Functional test of the valve skid, with the PLC to be supplied for the job,
involving sequential operation of valves as programmed in the PLC. Functional
test of the valve skid with PLC shall be carried out under vendor's supervision.

21.2 GREEN HYRDOGEN / OXYGEN COMPRESSION PACKAGE

21.2.1 Compressors (H2 / O2 Gas) shall meet requirements as specified in the Process Design
basis, this documents, CPCL Engineering Design Basis, and other Specification referred
/attached with bid document.

21.2.2 BOO Contractor shall design, procure and install suitable H2 / O2 Compressors in the
GHGU unit so as to transfer & deliver Green Hydrogen Gas at desired pressure, flow &
temperature as detailed in the process design basis.

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21.2.3 The acceptance criteria as defined below

“’Compressors shall be identical in model / frame size, frame rating & maximum
allowable continuous rod loadings and similar in terms of Driver rating, Rod loadings,
Stroke length, Rotational speed, Piston Linear speed, Inlet & Discharge pressures and
temperatures, Service (i.e. type of gas handled H2, bone dry, saturated etc.),
Mechanical design, Materials etc. as compared to at least ONE (1) UNIT designed,
manufactured, tested and supplied from the proposed manufacturing plant in the last
Ten (10) years and the same unit shall have completed ONE (1) year of satisfactory
operation at site, as on bid due date “

Note:
 Above experience supersedes the requirement as specified in “Clause of
Standard specification” (if any)
 The Ten (10) year time period mentioned above shall be reckoned as on ending
of last day of the month immediately preceding the month in which last date of
bid submission falls.
 In case all the above parameters are not available from single past reference,
more than one reference may be cited to satisfy the above qualification
requirement.

21.2.4 The compressor, driver & all auxiliaries shall be supplied duly mounted on a common
baseplate. Unitization of Compressor package along with driver and associated job
auxiliaries shall be done in compressor manufacturer's shop.

21.2.5 For the Diaphragm Compressor, diaphragm shall be metallic & shall be of triple
diaphragm construction. The compressor shall be equipped with a diaphragm rupture
detection system.

21.2.6 Compressor Frame & cylinder shall be fitted with accelerometers for vibration
monitoring. The signal for the same shall be communicated to the control room with
the help of suitable transmitters supplied by the vendor. The instrument interface shall
be as specified in the instrumentation section of this enquiry document.

21.2.7 The suction side and discharge side pulsation suppressor device for compressors shall
be designed for full vacuum condition also besides the MAWP value as provided in
process specifications.

21.2.8 Noise level of the complete package shall be restricted within 85 dBA at any point
located 1m away from the equipment. Jackets for noise attenuation shall be supplied
by the vendor, if found necessary to limit the noise levels within the specified limits.
Vendor shall indicate the expected sound pressure level of the Compressor and other
train components in his proposal and also during detailed engineering stage. The noise
level shall be demonstrated at site & if the noise level exceeds the specified value,
necessary arrangements to meet the noise level criteria, shall be provided by the
vendor without any time / cost implications. Such modifications shall be carried out at
times designated by the Client.

21.2.9 Design of pulsation dampeners in accordance with the results and analysis of acoustical
simulation analysis is compressor vendor's responsibility. Vendor shall assume
responsibility for any modifications of pulsation dampeners due to change in size or
design that may be required as determined by the results of the acoustical simulation
analysis.

21.2.10 Pulsation suppressor connections shall be flanged, and suction side suppressors shall
be provided with drain lines.

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21.2.11 Inspection & Test requirements have been detailed out in design basis, CPCL
Engineering design basis, specification for various equipment’s and referred codes and
standards. BOO CONTRACTOR shall himself perform Procurement Inspection or may
hired services of Third-Party Inspection Agencies (TPIA) for Stage-wise inspection.

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DESIGN BASIS
for
BOO TENDER FOR
GREEN HYDROGEN UNIT (2 KTA)AT
CPCL MANALI

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1. GENERAL:
This document (Design basis) indicates the requirements for design of Green Hydrogen
Generation Unit (GHGU) to be constructed by BOO CONTRACTOR on BOO basis.

2. REQUIREMENT PERTAINING TO GREEN HYDROGEN SUPPLY:

Existing hydrogen generation units and are the sources of grey hydrogen in the
Refinery. Hydrogen is distributed to various units through common distribution
network.
BOO CONTRACTOR is required to design, build, finance, test, commission, own,
operate and maintain the GHGU and supply Gaseous Green Hydrogen as per the terms
and conditions of this Agreement to the Refinery continuously during the on-stream
days of the Refinery.
GHGU turnaround has to be synchronized with Refinery turnaround / shutdown. GHGU
shall be designed based on water electrolysis technology with purification as applicable
using Renewable Energy on round the clock basis, or via SMR Technology on
Compressed Bio-gas (CBG). In case of Electrolyzer based technology, BOO Contractor
shall supply Oxygen to CPCL.

2.1 GHGU Capacity:

The Green Hydrogen Generation Unit (GHGU) shall be designed to meet the following
quantity requirement of hydrogen for CPCL:
 Operating hours considered as 8000 hrs., this is equivalent to 2 KTPA (Net
Export).

2.2 Turn-Down Ratio:

The GHGU shall be designed to operate with turn-down ratios as given below:
 Electrolyzer: 10 to 30% of plant design capacity
 SMR: 30% of plant design capacity
 Nominal Hydrogen Supply should be 250 Kg/Hr
 Minimum Hydrogen supply should be more than 30% of Nominal Supply
 Maximum Hydrogen supply should be less than 140% of Nominal supply

2.3 Hydrogen Product Quality Specification

Hydrogen produced from the plant shall cater to the following minimum specification:
Table 1: Quality Specifications for Gaseous Green Hydrogen

Parameters Values TEST METHOD

(WATER as Feed)
Hydrogen purity 99.9 mol. % min.
CO 1 ppmv ASTM D2504
CO2 10 ppmv ASTM D2505
Chlorides <0.1 ppmv Draeger tube 8103481
Chlorine+ Chlorides 1.0 ppmv max Draeger tube 8103481
CH4 0.1 mol% ASTM D2505
Nitrogen Basic Nitrogen <0.1 ppm ASTM D2504
Total Nitrogen <1ppm
H2O 50 ppmv max
Oxygen 5 ppmv max
KOH NIL

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Metals, ppm NIL ASTM D6350 for Hg
Sum of Ni+V+Na+Fe+Cu+As+K
< 0.05 ppm max

Notes:
1. Bidder to report Molecular weight, Kg/Kmol for product Hydrogen.
2. Bidder to report Dust Distribution (>10micrometer & >10micrometer) in
mg/Nm3 for product Hydrogen
3. Bidder to indicate any other impurities which can be present along with their
typical level. CPCL will evaluate the same and will confirm its acceptable level
based on feedback from Process Unit Licensor Feedback.
4. The test method shall be mutually agreed during the contractual period with
successful bidder.

2.4 Oxygen Product Quality Specification

Oxygen produced from the plant shall cater to the following minimum specification:
Table 2: Quality Specifications for Gaseous Oxygen Export Quality

Component Specification Method

Oxygen purity 99.5 vol% min By difference
Hydrogen
H2O 50 ppmv max
Basic Nitrogen <0.1 ppm
Nitrogen ASTM D2504
Total Nitrogen <1ppm
Argon To report G-176
KOH NIL
Draeger tube
Chlorides <0.1 ppmv
8103481
Chlorine+ Chlorides 1.0 ppmv max Draeger tube
8103481
CO2 1 ppmv ASTM D2505

Allowable hydrogen content in oxygen shall be 2 PPM

Allowable H2O content in Oxygen shall be 0.11 PPM

3. Battery Limit Condition for Process Streams

1. Gaseous Green Hydrogen

Conditions for all incoming and outgoing streams at the battery limits shall be as
per the table given below:
Table 2: Battery Limit Condition for Process Streams

Stream Pressure Temp. oC Source / Destination

Kg/cm2g (hot/cold)
Outgoing streams
Please Please Hydrogen Header/
Hydrogen refer refer Nearest Hydrogen
table table consuming Unit
below below

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The following feed and product battery limit conditions to be followed or
provided by BOO CONTRACTOR at CPCL tie-point location of Hydrogen Network:

Gaseous Green Minimum Normal Maximum Mech.

Hydrogen (Note-1) Design
Pressure, kg/cm2 g 22 23 24 --

Temperature, Deg C 40 --

Note-1: Header pressure is maintained at CPCL MANALI REFINERY at 22 Kg/cm2.

BOO CONTRACTOR needs to arrive at source pressure according to the distance and
flow.

2. Gaseous Oxygen
The following feed and product battery limit conditions to be followed or
provided by BOO CONTRACTOR at CPCL tie-point location:

Gaseous Oxygen Minimum Normal Maximum Mech.

Design
Pressure, kg/cm2 g 15 --

Temperature, Deg C Amb --

4. GENERAL REQUIREMENTS FOR GREEN HYDROGEN SUPPLY:

4.1 Flare:

BOO OPERATOR shall carry out mitigation of flare load inside battery limit of the GHGU
to avoid flare relief load and to explore the possibility of cold flaring. CPCL is not in a
position to accommodate the flare stream processing in CPCL facilities.

4.2 Effluents from Hydrogen Unit

All contaminated water drains shall be routed inside the GHGU into a common pit and
then to be treated inside GHGU premises. CPCL is not in position to accommodate the
treatment of liquid effluent in CPCL facilities.

4.3 Health & Environment:

4.4.1 BOO CONTRACTOR shall and shall cause its employees, agents, contractors/ sub-
contractors to:

(a) comply with the conditions of the environmental clearance, consent to

establish, consent to operate, hazardous waste authorization and the
standards stipulated in the Gazette Notification dated 18th March 2008 for
Petroleum Oil Refineries, G.S.R.186.
(b) comply with all the relevant rule and regulations like the Factories Act, 1948,
the Environment (Protection) Act, 1986, guidelines issued by Oil India Safety
Directorate from time to time, etc.
4.4 Safety

4.5.1 BOO CONTRACTOR shall and shall cause its employees, agents, contractors/sub-
contractors to:

(a) Observe own safety rules and regulations in the GHGU and rules and
regulations of the refinery outside the GHGU.

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(b) Observe ‘No Smoking’ strictly in the premises except the earmarked place
(smoking booth). Any person who is found smoking or in the possession of
matchbox or lighter or any other means of ignition in the refinery premises or
in the GHGU shall be turned out of the Refinery gate. Suitable action as
decided by the refinery management shall also be taken.

(c) Maintain good standards of housekeeping.

(d) Take all safety precautions and obtain permission from the fire and safety
department of the Refinery before carrying out any hot job.

(e) Deploy a qualified safety officer to monitor the safety performance.

(f) Report all accidents to the fire and safety department of the Refinery and fulfill
all legal formalities in relation thereto

(g) Enlist all chemicals on stock with their respective Material Safety Data Sheet
(MSDS).

(h) Be part of CPCL’s emergency response team and shall participate in mock
drills, rescue operations organized by CPCL.

(i) Conduct and implement recommendations arising out of HAZOP, model

review, external audits like periodic audit, pre- commissioning audit, QRA
(Quantitative Risk Analysis) and RRA (Rapid Risk Analysis) Studies etc. by the
bodies like Oil Industry Safety Directorate (“OISD”) within the stipulated time
frame.

(j) Take due insurance cover for affecting neighborhood (damage, loss and injury
to people, property and environment) due to any untoward incident.

(k) Follow near miss reporting in line with existing Refinery near miss reporting
system.

(l) BOO CONTRACTOR to follow all rules and regulations applicable to the
Refinery over and above their own safety rules and regulations.

4.5 Traffic Safety

BOO CONTRACTOR shall and shall cause its employees to:

(a) maintain the speed limit of 25 km/hr inside the refinery premises.
(b) avoid traffic congestion and abide by the traffic rules by deploying trained and
licensed drivers.

4.6 Environment

BOO CONTRACTOR shall & shall cause its employees, agents, contractors/sub-contractors to:
a. Shall avoid wastage of drinking water, etc.

b. Transfer only neutralized effluent (pH 6.0 – 8.5) to the effluent treatment plant
of CPCL.

c. Install hydrogen leak detectors as applicable at strategic locations in the plant

area.

d. Install SO2, NOx, CO and PM analyzers in all the stacks for computerized
monitoring as stipulated in the EC or as per Government bodies requirement
and same is to be connected to CPCB and Haryana State Pollution Control
Board servers.

e. Latest “Guidelines for Continuous Emission Monitoring Systems” issued

by Central Pollution Control Board (CPCB) shall be adhered to by BOO

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CONTRACTOR. Stack height shall be as per the below applicable Indian codes’
requirements and stacks shall have proper sampling and monitoring facilities.

Minimum Stack height shall be worked out using formula:

H = 14 * (Q)0.3 or 60 meter whichever is higher.
H = height of stack in meter Q = SO2 emissions in Kg/hr

f. Monitor fugitive emission through portable monitor at such periodicity as

prescribed as per the Gazette Notification dated March 18, 2008 issued under
the Fugitive Emission (Standards for Equipment Leaks Pt. No.7).

g. Monitor noise level at a periodicity of 3 (three) months.

h. Send all monitoring reports to CPCL.

i. Allow access to CPCL and their monitoring agencies in the GHGU and take
action on any observation/ deficiency found within the timeframe directed by
CPCL.
j. Arrange for disposal of solid waste like adsorbent or Electrolyzer materials, etc.,
through third parties following all the applicable rules.

k. Maintain records of solid waste generation and disposal and send report to
CPCL.

l. Take adequate measures for protection of land and ground water and also be
responsible for land reclamation. No waste, regardless of composition, shall be
drained to sewers, trenches, ditches or channels.

m. Allow access to the statutory bodies for inspection of the GHGU and implement
recommendations, if any, within the stipulated timeframe.

n. Take CPCL’s consent before doing any modification/ alteration/ deletion in the
GHGU and if required, take necessary approval from the statutory authorities
on behalf of CPCL.

5. UTILITIES:

5.1. No utility shall be supplied to BOO CONTRACTOR by CPCL upon mechanical

completion of the unit. BOO CONTRACTOR to arrange on their own as per the
requirement.

5.2. Cooling Water: Supply of cooling water is in BOO CONTRACTOR’s scope.

5.3. Service Water and Drinking water:

a. Supply of Service Water & Drinking water is in BOO CONTRACTOR scope.

b. Instrument and Plant Air: to be managed by BOO CONTRACTOR
c. Nitrogen: to be managed by BOO CONTRACTOR

5.4. BOO Contractor to source renewable power either from their own Renewable energy
power (Solar & Wind) plants or purchase renewable energy from third party
Renewable Energy (RE) power producer during the contractual period.

6. CLIMATIC DATA

6.1. Elevation above mean sea level, m: 3.5 m

6.2. Barometric Pressure: 0.033 kg/cm2g
6.3. Ambient Temperature (min/nor/max): 18 /35 / 45 °C

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6.4. Relative Humidity, max, %: 80
6.5. Data for equipment design
 Design dry bulb / wet bulb temperature: 38 / 29 °C
 Low ambient temperature for Min Design Metal Temperature: 18
 Coincident temperature & humidity for Air Blower & Compressor Design: 80 % at
45°C
 Min. Design temperature for equipment: 65°C
 Design air temperature for air cooled exchangers in general: 40 °C
 Design air temperature for air cooled exchangers in critical services not followed by
water cooled trim exchangers: 42°C
6.6. Rainfall data
 For 1 Hour (Max), mm: 100
 For 24 Hours (Max), mm: 450
6.7. Wind data
 Wind Velocity (max.), km/hr: 180 as per IS:875 Part-III
 Prevailing Direction of Wind: North East & South West

7. OTHER PROCESS CONSIDERATIONS

7.1 BOO CONTRACTOR shall provide the following at the Production Site:

1. Facilities for safeguarding the process system in the event of any emergency
shutdown including the provision of adequate storage of utilities required to be
made available at the time of emergency.

2. Chemicals’ storage, dilution and injection facilities.

3. Facilities for collecting normal and emergency hazardous releases within the
battery limits of the Production Site.

4. Facilities for collecting the hazardous liquid blowdowns within the battery limit
into a Closed blow down drum.

5. Facilities for collection of contaminated rainwater system (CRWS) in CRWS pit

containing pair (1 working +1 standby) of pumps after separation of oil and
water inside battery limit.

6. Special firefighting and safety systems, if required.

7. BOO CONTRACTOR shall consider necessary facilities required for environment

protection and occupational safety related to offered process.

8. BOO CONTRACTOR shall consider instrument air buffer vessel inside the battery
limit of the Production Site.

9. BOO CONTRACTOR will make provision of emergency power supply for the
GHGU.

7.2 BOO CONTRACTOR to note that utilities including Raw Water, Service Water, Drinking
Water etc. for the GHGU shall be made available on their own. CPCL will not supply
any of these utilities

7.3 GHGU shall include all facilities for preparing, storing and injection of required
chemicals. Working storage volumes shall ensure smooth start-up, normal operation
and Shutdown of GHGU.

7.4 BOO CONTRACTOR to note that the GHGU shall include all facilities for receiving,
preparing, storing, pumping and injecting the required chemicals. Working storage
volumes shall ensure smooth start- up, normal operation and shutdown of unit.

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7.5 BOO CONTRACTOR shall be responsible for the unloading and disposal of spent items.

7.6 BOO CONTRACTOR shall fully comply with all statutory and regulatory requirements,
standards, guidelines, recommended practices including but not limited to PESO, IBR,
OISD, etc.

7.7 BOO CONTRACTOR shall provide double block and bleed valves with spectacle blind
for all the process and utility lines entering and leaving the battery limit and the same
shall be located inside the battery limit of the Production Site.

7.8 BOO Contractor to have his own laboratory. CPCL will not permit any of the Bidder's
personnel in its Lab premises for testing or witnessing during the contractual period.
In case of any dispute, joint sampling and testing shall be mutually agreed.

8. Safety in Hydrogen Production

1. Hydrogen, being a flammable gas, can readily explode if ignited when it

accumulates in confined space. Hydrogen fires pose a particular danger as they are
not visible to the human eye.
2. BOO Contractor should conduct Process Hazard Analysis (PHA) to pinpoint potential
hazards. Gas dispersion modelling should be utilized to identify areas where
hydrogen leaks could accumulate and potentially ignite, leading to explosions. If
such locations are identified, gas detection systems should be implemented.
Additionally, fire detection mapping should be employed to determine the necessary
number and placement of fire detectors to detect and respond to any incidents of
these “invisible” fires. Seating considerations should be taken into account to
ensure that occupied rooms and buildings are adequately distanced from areas
where explosions could potentially occur.
3. The Bidder shall ensure that the project is developed in strict accordance with the
Oil Industry Safety Directorate (OISD) Standard 241/other applicable safety
standards and standards published by MNRE attached as annexure

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DHSE DESIGN BASIS

FOR GREEN HYDROGEN GENERATION UNIT

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1 Purpose

This document shall be applied to establish a safe design basis and to ensure that hazards
which could affect the Health, Safety and Environmental (HSE) concerns are identified, and
appropriate mitigation provided to reduce risks to a level of as low as reasonably practicable
(ALARP) in Basic Engineering, FEED and Detailed Engineering phase of Process and Offsite &
Utilities facilities under new Green Hydrogen Generation Unit Project.

2 Code and standards

 IS-15656, Hazard identification & Risk Analysis -Code of Practice

 IEC 61508, Functional safety of electrical/electronic/programmable electronic safety
related systems
 IEC 61511, Part I Functional Safety – safety instrumented systems for the process
industry sector- Framework, definitions, system, hardware and application
programming requirements
 IEC 61511, Part II Functional Safety – safety instrumented systems for the process
industry sector- Guidelines for the application of IE-61511-1
 IEC 61511, Part III Functional Safety – safety instrumented systems for the process
industry Sector - Guidance for the determination of the required safety integrity levels
 Safety Equipment Reliability Handbook, by OREDA or similar sources.
 IEC 61882: 2016 Hazard and Operability Studies (HAZOP Studies) Application Guide
 CCPS Concept Book, Layer of Protection Analysis, Simplified Process Risk Assessment,
Centre for Chemical Process Safety
 CCPS Guidelines, Guidelines for Process Equipment Reliability Data, Centre for
Chemical Process Safety
 Guidelines for Quantitative Risk Assessment CPR 18 E (Purple book), Committee for
the Prevention of Disasters, Netherlands
 Guidelines for Developing Quantitative Safety Risk Criteria, CCPS

3 Units and Measurement System

PARAMETER MKS Unit

Temperature °C / Deg C
Pressure (gauge) Kg/cm2 g
Pressure (absolute) Kg/cm2 a
Pressure (vacuum) mmHg a
Furnace draft MmWC
Storage tank pressure MmWC
Mass Kg
Flow/Steam (mass) Kg/h / t/h
Volume (liquid) m3
Volume (gases) m3
Flow (gas) Actual m³/h
Standard Nm3/h @ 0°C & 1.033 kg/cm2 a
Flow (liquid) Actual m3/h
Standard Sm3/h (15.56°C) & 1.033 kg/cm2 a
Heat Kcal
Enthalpy, Entropy Kcal/kg
Heat rate Gcal/h
Specific heat Kcal/kg °C
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PARAMETER MKS Unit

Power KW/ MW
Transfer rate Kcal/m °C
Heat transfer coefficient Kcal/h m2 °C
Thermal conductivity Kcal/h m °C
Fouling resistance m² °C h/Kcal
Viscosity Cp
Kinematic viscosity cSt
Liquid density Kg/m³
Vapor Flowing density Kg/m³
Velocity m/s
Vessel nozzle sizes In
Composition Mol % or Wt%
Length m – mm
Pipe diameter In
Equipment Size Mm
Surface Tension N/m
Sound Power dB(A)
Conductivity µS/cm
Rotation rpm (rotation per minute)
Moisture Ppm

4 Risk Assessment
4.1. Safety Studies

A key feature of the risk management process is the ability to identify hazards from
a process, layout and operational perspective through the various phases of a project.
The logical sequencing of reviews into the design process provides verification that
the design and implemented safety systems afford adequate protection.
The following safety studies will be performed during various engineering phases as
applicable:

 Hazard Identification (HAZID) / PHSSER

 Quantitative Risk Assessment (QRA) Study
 Hazard and Operability (HAZOP) Study
 Safety Integrity Level (SIL) Study
 Dispersion Analysis Study
 SIMOPS Study

4.2. Hazard Identification (HAZID) / PHSSER

4.2.1. Introduction

The intent of the HAZID Study / PHSSER is to carry-out qualitative hazard

identification and assessment of the design and operation facilities so that they can
be eliminated at the source if possible, controlled and / or mitigated otherwise. It
focuses on Health, Safety and Environment (HSE) hazards.
HAZID review is performed in order to identify as early as possible in the course of
the project the external and internal hazards to the plant. The HAZID will include the
four following steps:

 Identify the hazards;

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 Assess the risk related to each hazard;

 Define how the risk is addressed in the current design;
 Propose additional safeguards and action when required.

4.2.2. Procedure for HAZID / PHSSER Study

a) Scope of HAZID / PHSSER

For the established purpose of HAZID / PHSSER study, general discussion will be
conducted to identify hazards present within the process, O&U facilities mentioned under
BOO OPERATOR ITB documents.

b) Timing / Conduct HAZID / PHSSER Study

HAZID / PHSSER study will be conducted after availability of all the required input
documents as per developed agreed methodology during initial phase of the project.

c) Issue of HAZID / PHSSER Study Report (Draft & Final)

HAZID / PHSSER Study Report will be issued as a formal draft report for review and
comment by PMC/OWNER. The report will summarize as a minimum:

 HAZID/PHSSER Study Summary

 General information about Project
 Brief description of the HAZID/PHSSER methodology including any specific
assumptions that were generally applied (beyond those mentioned in the
HAZID/PHSSER Study Procedure)
 Date/ Duration and Attendee of the HAZID/PHSSER as marked in Attendance Sheet
 List of HAZID/PHSSER Section
 List of HAZID/PHSSER Recommendations
 HAZID/PHSSER Worksheet
d) Implementation of HAZID / PHSSER Recommendations
All recommendations of HAZID / PHSSER study shall be implemented during detailed
engineering, construction, erection, mechanical completion, plant start-up and
commissioning stages as applicable and incorporated in all relevant documents by
respective BOO OPERATOR.

e) HAZID / PHSSER Recommendations Close-out

HAZID / PHSSER Recommendation Close-Out action sheets shall be submitted to
PMC/OWNER by respective BOO OPERATOR.

4.3. Quantitative Risk Assessment (QRA) Study

4.3.1. Introduction

Quantitative Risk Assessment (QRA) identifies the potential events leading to major
accident hazards and the magnitude of safety related consequences of each event.
It does not establish the probability of the event occurring.
The objective of QRA Study is to:

 Identify possible failure / hazards associated with the coming new facilities
 Assess possible consequences of this hazards should they occur.
 Suggest suitable mitigation measures to minimize frequency and
consequence of these hazards.

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4.3.2. Procedure for QRA Study

a) Scope of QRA
QRA study will be conducted for identified hazards during HAZID Study along with past
historical incident data for the process, O&U facilities mentioned under BOO OPERATOR
ITB documents. Detailed assessment for existing facilities or integration with the existing
facilities is not considered within the scope. However, any impact of existing QRA report
recommendation shall be implemented by BOO OPERATOR.
Note: BOO OPERATOR to note that any risk arising from the unit shall be control within
the unit premises of BOO OPERATOR without any time and cost implication to PMC/
OWNER.

b) Timing / Conduct QRA Study

QRA study will be conducted as per developed / approved QRA Methodology &
Assumptions register after availability of all the required input documents /
information during the project.

c) Issue of QRA Study Report (Draft & Final)

QRA Study Report will be issued as a formal draft report for review and comment by
PMC/OWNER. The report will summarize as a minimum:

 Executive Summary
 Introduction
 Project Site and Surroundings
 Hazard Identification
 Consequence Analysis
 Risk Summation
 Conclusion and Recommendations
 Guidelines for Disaster Management Plan (DMP)
 References
 Annexures including QRA Methodology & Assumptions, rule set and / or data
sources.
d) Implementation of QRA Study Recommendations

All recommendations of QRA study shall be implemented during detailed engineering,

construction, erection, mechanical completion, plant start-up and commissioning
stages as applicable and incorporated in all relevant documents by respective BOO
OPERATOR.

e) QRA Study Recommendations Close-out

QRA Study Recommendation Close-Out action sheets shall be submitted to

PMC/OWNER by respective BOO OPERATOR.

4.4. Hazard and Operability (HAZOP) Study

4.4.1. Introduction

Hazard and Operability Study (HAZOP) is one of the most conventionally used methods to
identify all possible failures and malfunctions, which can occur in a process plant, to assess
the accident hazards deriving from them, to possibly address solutions that reduce the
likelihood of occurrence or the consequences of these accidents.
The intent of the HAZOP Study is to systematically review the design and operations of the
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facilities to identify any safety and operability problems associated with the facilities during
normal operation, start-up or shutdown. The key objectives of the HAZOP Study are to:

 Identify credible major hazard which inherently exist in process in terms of

physical/chemical characteristics materials and operating condition;
 Determine the consequences for the identified hazards and operability concerns;
 Identify engineering safeguards already incorporated into the design that will
reduce the likelihood, or associated consequence, of the identified problems; and
 Evaluate the adequacy of existing engineering safeguards in place for the facilities
and if required, recommend additional engineering safeguards and/ or future
procedural controls, where necessary.

4.4.2. Procedure for HAZOP Study

a) Scope of HAZOP
For the established purpose of the HAZOP Study and the properties of the hazardous
materials present, a general discussion will be conducted of the Hazards present
within the process and areas of the plant where hazards could exist which typically
includes analysis of process plants, utilities, package, firefighting and off-site facilities
(including integration / tie- points between various facilities) mentioned under BOO
OPERATOR ITB Documents.

b) Timing / Conduct HAZOP Study

A systematic node review will be performed of the systems and equipment contained
within HAZOP / scope. Identification of hazard scenario will be carried out for each
node during HAZOP Study. The HAZOP study will be recorded by HAZOP Scribe.
HAZOP study will be conducted after availability of all the required input documents
asper developed agreed methodology during following phases of the project:

 Execution Phase – Detailed HAZOP for all sections under purview of BOO
OPERATOR.

c) Issue of HAZOP Study Report (Draft & Final)

HAZOP Study Report shall be issued as a formal draft report for review and comment
by PMC/OWNER. The report shall summarize as a minimum:

d) Implementation of HAZOP Recommendations

All recommendations of HAZOP study shall be implemented during detailed
engineering, construction, erection, mechanical completion, plant start-up and
commissioning stages as applicable and incorporated in all relevant documents by
respective BOO OPERATOR.

e) HAZOP Recommendations Close-out

HAZOP Recommendation Close-Out action sheets shall be submitted to PMC/OWNER
by respective BOO OPERATOR.

4.5. Safety Integrity Level (SIL) Study

4.5.1. Introduction

Safety Instrumented System (SIS) is an instrumented system used to implement one or

more Safety Instrumented Functions (SIF). An SIS is composed of any combination of sensor
(s), logic solver (s), and final elements(s). Safety integrity level (SIL) Classification is a
process of determining the amount of risk reduction required to bring down the risk at
tolerable level.
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SIL Verification is a process to determine the Safety Instrumented system configuration and
the required proof test interval of the SIS components to achieve the target Safety Integrity
level (SIL) by conducting Fault Tree Analysis (FTA) and estimating the probability of Failure
on Demand (PFD). Safety Integrity Level (SIL) Study that covers SIL Classification and SIL
Verification shall be carried out as per IEC-61508 / IEC-61511.

Detailed procedure for SIL Classification and SIL Verification shall be developed by respective
BOO OPERATOR and to be shared with PMC/OWNER for their review and approval.

4.5.2. Procedure for SIL Study

a) Scope of SIL
SIL Study shall be performed for process plants, utilities, off-site facilities and
packages mentioned under BOO OPERATOR ITB Documents. Following shall be
considered for SIL Study:
 ESD functions shall be subjected to SIL Study.
 ESDs initiated by process sensor(s) automatically shall be subjected to SIL
Study. ESDs initiated by operator action (i.e. emergency depressurizing in
case of fire) shall not be subjected to SIL Study.

 DCS functions are not subjected to SIL study.

 SIL study for Complex loop leading to initiation of ESDs is included.

b) Timing / Conduct SIL Study

A systematic Interlock review will be performed of the systems and equipment’s
contained within the scope. SIL study shall be conducted after Detailed HAZOP Study
session and availability of all required input documents as per developed agreed
methodology during Execution Phase by respective BOO OPERATOR.

c) Issue of SIL Study Report (Draft & Final)

SIL Study Report shall be issued as a formal draft report for review and comment by
PMC/OWNER. The report shall summarize as a minimum:

d) Implementation of SIL Classification & Verification Study Recommendations

All recommendations of SIL Study shall be implemented during detailed engineering,
construction, erection, mechanical completion, plant start-up and commissioning
stages as applicable and incorporated in all relevant documents by respective EPC
CONTRACTOR.

e) SIL Classification & Verification Study Recommendations Close-out

SIL Study Recommendation Close-Out action sheets shall be submitted to
PMC/OWNER by respective EPC CONTRACTOR.
Note: Two separate procedure to be provided for SIL Classification and SIL Verification
study.

4.6. Dispersion Analysis

The purpose of dispersion study to analyses or evaluate any release of flammable

gas/toxic gas into the environment and also to checked adequacy of vent/stack/PSV
location, which release flammable/ toxic gas to the atmosphere and may reached to
ground level or manned area where person get merely exposed. The study cover all
Process/Package vents/stack/PSV’s releases hydrocarbon/ toxic into atmosphere.

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4.7. SIMOPS

The purpose of the study to identify or evaluate hazard associate with the facility at
the time of construction to the nearby facility and vice versa. The outcomes of the
study will be given a mitigative and preventive safeguard to avoid any incident at the
time of construction. This procedure outlines the processes and general plan for
conducting simultaneous operations (SIMOPS) so as to provide for the safety of
personnel and protection of the environment and equipment. SIMOPS shall be
coordinated through joint planning efforts by the separate operations, such as
development, construction, and operations managers/supervisors/engineers who
plan and direct activities.

4.8. Risk Management

Actions arisen from relevant safety studies shall be registered and monitored
throughout the engineering phase so that all the findings are going to be
implemented in design and/or embedded in the administrative control. BOO
OPERATOR shall prepare Action Tracking register and submit to PMC/OWNER to have
final status of action arising from the above safety studies.
All the recommendations as a result of the above safety studies shall be implemented
by respective BOO OPERATOR without any cost / schedule implication to
PMC/OWNER.

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SPECIFICATION FOR HAZARD AND OPERABILITY STUDY

CONTENTS

1. Introduction
2. Facilities under Scope of Work
3. Methodology
4. Documents
5. Brief Description of HAZOP Study Technique
6. Study Team, Venue & Facilities
7. Name and Brief Description of Computer Software
8. HAZOP Study Reporting
9. Presentation
10. Implementation of HAZOP Recommendations
11. HAZOP Close out Report

ATTACHMENT – A: EXPANSION OF GUIDE WORD

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1 Introduction
Hazard and Operability Study (HAZOP) is one of the most conventionally used Process Hazard
Analysis (PHA) method for identifying hazard and operability problems of process systems.
In order to meet the requirements of gaseous Hydrogen and Nitrogen for the proposed
refinery complex, CPCL desires to invite an Entrepreneur (herein after referred to as BOO
OPERATOR) to install Hydrogen and Nitrogen plant will be subjected to Hazard and
Operability Study. The study is to be conducted by BOO OPERATOR/s.

1.1 Facilities under Scope of Work

For facilities under scope of BOO OPERATOR/s shall be referred in the tender document.

2 Methodology

a) HAZOP study is to be carried out by BOO OPERATOR/s for Green Hydrogen units and
Vendor Packages of PROJECT as mentioned in section 2. In general, the HAZOP study
shall be carried out in two stages. In Stage- I, HAZOP shall be conducted on AFP P&IDs
duly reviewed and incorporating comments given by PMC/OWNER. If Vendor drawings
available during this phase the same will be considered for HAZOP Phase-I. Otherwise
on receipt of vendor drawings the HAZOP Phase-II shall be conducted to cover vendor
packages.

b) If some changes happen in the design after completion of HAZOP Phase- I, these will
be subjected to HAZOP again in Phase- II. The methodology for HAZOP study as
originally developed by ICI, UK and adopted internationally by renowned consultants
shall be followed.

c) It is very elaborate and methodical one in which each and every conceivable deviation
from normal operating conditions (Flow, Pressure, Temperature etc.) of each individual
system with identical design intentions is thoroughly analysed for possible causes,
consequences and safeguarded protection devices considered to minimize such
deviation. The required action plan to eliminate / reduce the hazards is suggested on
the basis of the existing protective system.

d) Based on this study, recommendations for mitigating / reducing the hazards and ease
of operability shall be firmed up and draft report shall be submitted to the PMC/OWNER
by BOO OPERATOR/s.

e) The overall project schedule shall allow sufficient time for the HAZOP studies to be
completed.

f) The schedule shall be discussed and agreed with PMC/OWNER. PMC/OWNER will
furnish their comments on the draft report within two weeks of submission of the draft
report. After getting PMC/OWNER comments, if any, draft report will be finalized by
BOO to incorporate the comments and final report will be submitted to PMC/OWNER
within one week.
Note:
The node mark-up shall be done on final updated and approved P&IDs. The copies of
the above documents including the node-marked P&IDs shall be available at the HAZOP
workshop location for ready reference in soft and/or hard format.

3 Pre-Requisites

The following documents should be used during the study.

 Process description
 Design Basis.
 Plot Plan / General arrangement drawing.

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 Unit Layout
 Process Flow Diagram
 P&I Diagram
 Hazardous area classification drawing.
 Operating / Maintenance Philosophy
 Isolation & Drainage Philosophy
 Cause & Effect Chart
 Interlock Description (Control Narrative)/ alarm & trip schedule
 Emergency Shutdown System Details and/or Philosophy;
 Emergency Depressurization System Details and/or Philosophy;
 Preliminary Fire-fighting System Details and/or Philosophy;
 Instrument Datasheet
 Equipment Data Sheet
 Material Safety Data Sheet (SDS).

4 Brief Description of HAZOP Study Technique

The technique for HAZOP Study was developed to assess the safety and operability of a
process system in a systematic manner. This technique, as explained in the book `A Guide
to Hazard and Operability Studies published by the Chemical Industries Association Limited,
London, 1979, (prepared initially by ICI), and in the book “Guidelines for Hazard Evaluation
Procedures”. CCPS, AICHE, 1985 is to be followed by HAZOP study team. The examination
procedure covers a full description of the process, systematically questions every part of it
to discover how deviations from the intention of the design can occur and decides whether
this deviation can give rise to hazards. Necessary action plan to mitigate / reduce the hazard
is suggested based on available safety provision. The question is focused in turn on every
part of the design. Each part is subjected to a number of questions formulated around a
number of guidewords. The guidewords are used to ensure that the questions, which are
posed to test the integrity of each part of the design, will explore every conceivable way in
which the design could deviate from the design intention. These may produce a number of
theoretical deviations and each deviation is then considered to decide how it could be caused
and what would be the consequences.

Note:
The node mark-up shall be done on final updated and approved P&IDs. The copies of the
above documents including the node-marked P&IDs shall be available at the HAZOP workshop
location for ready reference in soft and/or hard format.

5 Pre-Requisites

The following documents should be used during the study.

 Process description
 Design Basis.
 Plot Plan / General arrangement drawing.
 Unit Layout
 Process Flow Diagram
 P&I Diagram
 Hazardous area classification drawing.
 Operating / Maintenance Philosophy
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 Isolation & Drainage Philosophy

 Cause & Effect Chart
 Interlock Description (Control Narrative)/ alarm & trip schedule
 Emergency Shutdown System Details and/or Philosophy;
 Emergency Depressurization System Details and/or Philosophy;
 Preliminary Fire-fighting System Details and/or Philosophy;
 Instrument Datasheet
 Equipment Data Sheet
 Material Safety Data Sheet (SDS).

6 Brief Description of HAZOP Study Technique

The technique for HAZOP Study was developed to assess the safety and operability of a
process system in a systematic manner. This technique, as explained in the book `A Guide
to Hazard and Operability Studies published by the Chemical Industries Association Limited,
London, 1979, (prepared initially by ICI), and in the book “Guidelines for Hazard Evaluation
Procedures”. CCPS, AICHE, 1985 is to be followed by HAZOP study team. The examination
procedure covers a full description of the process, systematically questions every part of it
to discover how deviations from the intention of the design can occur and decides whether
this deviation can give rise to hazards. Necessary action plan to mitigate / reduce the hazard
is suggested based on available safety provision. The question is focused in turn on every
part of the design. Each part is subjected to a number of questions formulated around a
number of guidewords. The guidewords are used to ensure that the questions, which are
posed to test the integrity of each part of the design, will explore every conceivable way in
which the design could deviate from the design intention. These may produce a number of
theoretical deviations and each deviation is then considered to decide how it could be caused
and what would be the consequences.

7 Study Team, Venue & Facilities

BOO OPERATOR/s shall arrange a Third Party Chairman for facilitating HAZOP Study, having
sufficient experience of conducting HAZOP Study and Safety Reviews for similar facilities. CV
of HAZOP Chairman shall be approved by PMC/OWNER. BOO OPERATOR/s shall also arrange
a HAZOP Scribe for taking HAZOP notes and to assist the Chairman in conducting HAZOP
Study.

Multidisciplinary team shall be formed with participation of relevant discipline engineers of

BOO OPERATOR/s i.e. Process, Instrumentation, Process Safety on full time basis. Other
discipline engineers of BOO OPERATOR/s should be available and shall be requested to join
on need basis as per the requirement. PMC/OWNER representative shall participate during
the HAZOP Study. For Licensed units, the process Licensor representative may also
participate, as per discretion of Owner. For the units, where Licensor selection is in BOO
OPERATOR/s’s scope; it shall be responsibility of BOO OPERATOR/s to engage the Licensor
for participating during HAZOP study for such units / sub-units. HAZOP Study shall be carried
out by BOO OPERATOR/s at a place acceptable to PMC/Owner (provide details of venue i.e.
whether Face to Face or online via Team etc.). BOO OPERATOR/s shall arrange sufficient sets
of Hard copies of legible colored NODE marked-up P&ID’s. Also a set of P&ID’s in A0 & A1
size shall be arranged by BOO OPERATOR/s.

The facilitator/ chairman shall have adequate experience (minimum 03 years) in conducting
HAZOP study workshops in the Downstream (Refinery/ Petrochemical etc.) Industry. He
should have demonstrated good skills in leading the HAZOP Workshops in the past. The study

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facilitator shall have at least twenty (20) years of cumulative professional experience.

The Contractor shall submit the detailed technical profile of the proposed study facilitator/
chairman for OWNER/ PMC approval, at least two (02) weeks prior to commencement of
workshop.

8 Name and Brief Description of Computer Software

PHA Pro 8.0 or latest software shall be used for recording of HAZOP proceedings.

9 HAZOP Study Reporting

The HAZOP study notes are to be recorded in the format called “WORK SHEET”, where each
deviation is considered, every possible cause and its consequences are recorded and actions
where necessary are recorded and where not necessary, the reasons are stated. All action
items are to be numbered so as to enable clear identification of the cause and consequences
of potential hazards. All the recommendation / action plans shall be extracted as
“RECOMMENDATION SHEET” from the HAZOP work sheets. Each recommendation shall be
marked / identified as hardware change, software change or operating instruction / review,
as applicable.
The HAZOP study report will cover the following section in general:

 Introduction

 Executive Summary

 Description of facilities

 Approach / Methodology

 Team composition and period

 List of P&IDs

 Description of nodes

 Conclusion / Recommendations (Sub divided as Software change,

Hardware change and Operating instruction and Review / Verification).

 HAZOP study Worksheets.

 Colour NODE marked-up P&IDs

 Attendance Sheet

 Action item sheet for each recommendation

10 Presentation

Initially two copies of draft HAZOP study report shall be submitted by BOO OPERATOR/s to
PMC and two copies to Owner for their comments. The study results will be communicated
in the form of reports including methodology, name of participants, work sheets,
recommendations etc. After the receipt of comments four (04) hard & bound copies of final
HAZOP study report with all the recommendations shall be submitted by BOO to PMC / Owner
along with electronic copy of the report in CDs. The electronic files should be compatible with
either MS Word or PDF format.

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11 Implementation of HAZOP Recommendations

All HAZOP study recommendations after approval will be implemented and also to be
incorporated in all relevant documents by BOO OPERATOR without any implication on
schedule and cost to the PMC / Owner. These recommendations will be forwarded to Licensor
through Owner.

12 HAZOP Close out Report

BOO OPERATOR/s shall prepare and submit a HAZOP Close out Report indicating the action
taken against each recommendation emerged during HAZOP Study after implementation of
approved HAZOP recommendation. The report shall be submitted to PMC/OWNER for their
review and approval.
ATTACHMENT – A EXPANSION OF GUIDE WORDS

Wrong Routing – Blockage – Incorrect Slip Plate –

Incorrectly Fitted N.R.V. – Burst Pipe – Large Leak –
NO FLOW Equipment Failure (C.V. Isolation Valve, Pump, Vessel,
etc.) – Incorrect Pressure Differential –Isolation In Error –
etc.
Defective N.R.V. – Siphon Effect – Incorrect Differential
REVERSE FLOW Pressure –Two-Way Flow – Emergency Venting –
Incorrect Operation etc.

Increased Pumping Capacity – Increased Suction Pressure

– Reduced Delivery Head – Greater Fluid Density –
MORE FLOW
Exchanger Tube Leaks – Restriction Orifice Plates Deleted –
Cross Connection Of Systems – Control Faults – etc.
Line Restriction – Filter Blockage – Defective Pumps – Fouling
Of Valves, Restrictor Or Orifice Plates – Density Or
LESS FLOW
Viscosity Problems– Incorrect Specification Of Process
Fluid– etc.
Surge Problems – Leakage From Interconnected H.P. System
– Gas Breakthrough (Inadequate Venting ) – Isolation
MORE
Procedures For Relief Valves Defective – Thermal
PRESSURE
Overpressure – Positive Displacement Pumps – Failed
Open P.C.V. – etc.

Generation Of Vacuum Condition – Condensation – Gas

LESS PRESSURE Dissolving In Liquid – Restricted Pump / Compressor
Suction Line – Undetected Leakage – Vessel Drainage etc

Ambient Conditions – Fouled Or Failed Exchanger Tubes –

MORE Fire Situation – Cooling Water Failure – Defective Control –
TEMPERATURE Fired Heater Control Failure – Internal Fires – Reaction
Control Failures etc.
LESS Ambient Condit ions – Reducing Pressure – Fouled Or
TEMPERATURE Exchanger Tubes – Loss Of Heating etc.

Note:
The above list of guidewords/ process deviations is not exhaustive. During the study
workshop, it may be expanded to address all the identified hazards/operability issue.

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INFORMATION/DOCUMENTS
REQUIRED FOR BID

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INFORMATION/DOCUMENTS REQUIRED FOR BID

The following information, as a minimum, in the bid (metric system of units shall be followed for
all information) shall be provided:

1. Process and its Description indicating the function of various sections.

2. Tentative Process flow diagrams indicating process scheme, major Equipments &
Packages, main process controls in various sections of the plant.

3. Expected Hydrogen product specifications

4. Bidder to provide tentative list of Catalyst / adsorbent details indicating Manufacturer,

type and size, Initial charge (volume and weight), guarantee life (without regeneration).

5. EQUIPMENT DATA of Critical Equipment’s/Package:

Whether
Datasheet Type/ Country
Equipment Rating
submitted Configuration Of origin
(Yes/No)

Electrolyzer Stack
Transformers & Rectifiers
Hydrogen/water separator
Scrubber if applicable

Gas holder if applicable

Compressor Package if
applicable
H2 Purification section

O2 Purification section

Power Transformer

HV Switchgear

Cooling Tower

Cooling water pumps

DCS

Tariff meters

Hydrogen analyzer

Chiller
In case of SMR Based Plant, Bidder to indicate relevant details.

Note: Bidders must comply with restrictions on procurement from a bidder of a country which
shares a land border with India as per policy of Government of India and its
amendment thereof.

6. Tentative Equipment Layout for the Facility.

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Data required from BOO Operators for Green Hydrogen unit at CPCL
Manali Refinery:

S.No. Description UoM Value

1)a Type of Electrolyzer (Alkali or PEM or any other) --
b Catalyst requirement (for SMR Technology), volume & expected
life for each type
2) Module size MWH
3) Technical specification of the entire system and requirements
to be made available at the location of implementation
4) Total plot area required with a capacity of 2000 MT per annum Acre
(on 8000 hours’ basis) of Green Hydrogen unit
5) Hydrogen generation per Module Kg/hr
6) Typical unit plot plan to be provided in the offer
7) Total power required for 2000 MT per annum of Green H2 MWH
generation
8) Total DM water demand for 2000 MT per annum of Green H2 M3/hr
generation
9) Total Raw water demand for 2000 MT per annum of Green H2 M3/hr
generation
10) Cooling water required for 2000 MT per annum of Green H2 M3/hr
generation
11)a All Utilities demand for 2000 MT per annum of Green H2
generation
a) Nitrogen
b) Service water
c) Drinking water
d) Plant air
e) Instrument air
f) Cooling water
g) Any other Utility
11)b All Utilities demand during start-up and shutdown of plant

12) i. Flare load in Tonnes/hr

ii. Relief Stream Molecular weight
iii. Relief stream temperature
13) Effluent generation data Hourly /
-solid (if any) weekly /
-liquid (if any) monthly
-gaseous (if any)

14) Solid effluent quality & quantity (continuous & intermittent)

15) Liquid effluent quality & quantity (continuous & intermittent)
16) Gaseous effluent quality & quantity (continuous &
intermittent)
17) Requirement of Effluent treatment
18) Electrode material
19) Electrolyte type & make up quantity
20) Any by product (if any) along with quality & quantity
21) Cell temperature deg C
22) Efficiency %
23) High ramp up/turn down capability
24) Ramp up capability

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S.No. Description UoM Value
25) Minimum or Turndown load %
26) Electrode life in hours & replacement frequency
27) Electrode coating requirement & coating frequency
28) Annual maintenance requirement Maintenance frequency No
of shut down days
29) Start-up time minutes
30) Sourcing of Renewable power (Captive or MoU or JV or Power
Purchase agreement)
31) Details of interconnection & associated ISBL & OSBL
infrastructure for renewable power import facility through
220KV or above voltage level
32) Capacity Utilization Factor (CUF) for renewable power plant
Electrolyzer plant
33) Detailed power flow diagram
34) All taxes on Hydrogen delivered, shall be explicitly mentioned
35) Any incentives by Government of India for usage of Renewable
power
36) Product Green Hydrogen quality
37) BOO operator to provide business model to capture changes
in Renewable power cost during contractual period.

38) BOO operator to provide business model to capture

technological improvements in Electrolyzer during
contractual period.
39) LIST OF EQUIPMENT

40) LIST OF ON-LINE ANALYZERS

41) Overall Capex for the Project (+/- 10% accuracy)

42) Levelized Cost of Renewable Electricity consumption for the

Project

Bidder to indicate the land parcel size required for installation of GHGU Plant catering to 2 KTPA
Green Hydrogen production as per the conditions under this ITB.

Bidder to also indicate the land parcel sizes required for 5 KTPA and 10 KTPA Green Hydrogen
production capacities under conditions similar to the 2 KTPA GHGU. Based on the information
provided by Bidder suitable land location shall be provided by CPCL to the Bidder, considering
any future expansions.

S.No. Description UoM Value

Land Parcel size required for 2 KTPA GHGU, without GH2

1a) Acres
storage

1b) Land Parcel size required for 2 KTPA GHGU, with GH2 storage Acres

Land Parcel size required for 5 KTPA GHGU, without GH2

2a) Acres
storage

2b) Land Parcel size required for 5 KTPA GHGU, with GH2 storage Acres

Land Parcel size required for 10 KTPA GHGU, without GH2

3a) Acres
storage

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Land Parcel size required for 10 KTPA GHGU, with GH2
3B) Acres
storage

PLANT DATA FOR THE PURPOSE OF GUARANTEE

Sl. Description Units 100% At 30% At 140%

Guaranteed
No capacity capacity capacity

1a Capacity (Note:1) TPA of hydrogen

1b Capacity (Note:1) TPD of hydrogen
1c Capacity (Note:1) TPA of oxygen
1d Capacity (Note:1) TPD of oxygen
2 Capacity (Note:1) Nm3/hr of hydrogen
3 Plant Turn-down Plant Turn-down
4 Hydrogen Product
Hydrogen Purity Vol %
CO ppmv
CO2 ppmv
CO+CO2 ppmv
Nitrogen ppmv
Methane ppmv
Chlorides ppmv
Chlorine+ Chlorides ppmv
Oxygen ppmv
Water ppmv
5 Utility Consumption
DM Water m3/hr
Raw Water m3/hr
Renewable
Mwh
Electricity
6 GHGU Plant
Availability, min

 For the above table, Hours of operation per Annum: 8000, min. Plant availability shall be 98.5%..
 Values with respect to Process Guarantees for above parameters (maximum/ minimum values as
indicated) should be included in the offer.
 Guaranteed values should correspond to guaranteed yield of product and should conform to the values
specified in the design specifications, where applicable.
 Guaranteed values should correspond to guaranteed feed rate and design feed quality.
 The various properties of product should be reported in accordance with the test methods and units
mentioned against respective properties of the product.
 For balance properties, test Method/ Alternatives to be followed shall be discussed during Kick Off
Meeting
 Any additional guarantees required in these properties will be firmed during TQ/CQ stage

OTHER MINIMUM TECHNICAL INFORMATION TO BE SUBMITTED ALONG WITH THE BID:

In addition to the requirements indicated in the earlier paragraphs, the following technical information in
accordance with the offer is to be furnished (but not limited to) in the Technical proposal:

a. Salient features and description of process along with flow diagram indicating operating temperature
and pressure conditions of all equipment used in the process.
b. Process description indicating the functions of various sections.
c. Turndown capability and operating range.
d. System suggested for on-line product quality control.

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e. The details of effluent treatment facilities included in the battery limit and the quantities of gaseous,
liquid and solid wastes released from the plant along with their specifications for normal operation
and during regeneration, if any.
f. Overall utility consumption summary inclusive of power for normal operation of unit for a design
cases and check cases as applicable. This shall include the utilities and power requirements for
package equipment, residual equipment as well. This requirement shall be provided by CPCL during
startup and shutdown.
g. Flare load summary for all applicable scenarios. This shall include the flare load for package
equipment as well.
h. Battery limit tie in summary (inclusive of flow, density, viscosity, operating and design pressure &
temperature).
i. Design Basis.
j. A write-up explaining the configured Plants and how various demands will be met by BOO
Contractor.
k. All utilities including Fuel & Power, Month wise consumptions during pre-commissioning and
commissioning activities. This shall include the utilities and power requirements for package
equipment, residual equipment as well.
l. Effluent summary during normal operation. This shall include the effluent from package equipment
as well. m) Battery limit tie-in list comprising of line sizes, normal operating temperature and
pressure, design temperature and pressure and location (above ground / underground).
m. Details of effluent generated during pre-commissioning & commissioning along with quantity of
effluent, quality and disposal scheme for the same.

CPCL reserve the right to ask for any additional information/data as may be deemed necessary for
review/evaluation of bid.

DEVIATIONS: Deviations if any against applicable specifications, codes, duly consolidated at one place
(under exceptions/deviations list). Please note that vendor specific deviations will not be considered. If no
deviations are furnished, it will be presumed that all requirements are being fully met. Any deviations /
deletions / modifications made by the bidder elsewhere will not be taken cognizance of and all such
deviations shall be deemed to have been withdrawn by the bidder.

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SCHEDULE A: Operating Guidelines

for
BOO TENDER FOR
GREEN HYDROGEN UNIT (2 KTA)AT
CPCL MANALI

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1. GENERAL:
This document (Design basis) indicates the requirements for design of Green Hydrogen
Generation Unit (GHGU) to be constructed by BOO CONTRACTOR on BOO basis.

2. REQUIREMENT PERTAINING TO GREEN HYDROGEN SUPPLY:

Existing hydrogen generation units and are the sources of grey hydrogen in the
Refinery. Hydrogen is distributed to various units through common distribution
network.
BOO CONTRACTOR is required to design, build, finance, test, commission, own,
operate and maintain the GHGU and supply Gaseous Green Hydrogen as per the terms
and conditions of this Agreement to the Refinery continuously during the on-stream
days of the Refinery.
GHGU turnaround has to be synchronized with Refinery turnaround / shutdown. GHGU
shall be designed based on water electrolysis technology with purification as applicable
using Renewable Energy on round the clock basis, or via SMR Technology on
Compressed Bio-gas (CBG). In case of Electrolyzer based technology, BOO Contractor
shall supply Oxygen to CPCL.

2.1 GHGU Capacity:

The Green Hydrogen Generation Unit (GHGU) shall be designed to meet the following
quantity requirement of hydrogen for CPCL:
 Operating hours considered as 8000 hrs., this is equivalent to 2 KTPA (Net
Export).

2.2 Turn-Down Ratio:

The GHGU shall be designed to operate with turn-down ratios as given below:
 Electrolyzer: 10 to 30% of plant design capacity
 SMR: 30% of plant design capacity
 Nominal Hydrogen Supply should be 250 Kg/Hr
 Minimum Hydrogen supply should be more than 30% of Nominal Supply
 Maximum Hydrogen supply should be less than 140% of Nominal supply

2.3 Hydrogen Product Quality Specification

Hydrogen produced from the plant shall cater to the following minimum specification:
Table 1: Quality Specifications for Gaseous Green Hydrogen

Parameters Values TEST METHOD

(WATER as Feed)
Hydrogen purity 99.9 mol. % min.
CO 1 ppmv ASTM D2504
CO2 10 ppmv ASTM D2505
Chlorides <0.1 ppmv Draeger tube 8103481
Chlorine+ Chlorides 1.0 ppmv max Draeger tube 8103481
CH4 0.1 mol% ASTM D2505
Nitrogen Basic Nitrogen <0.1 ppm ASTM D2504
Total Nitrogen <1ppm
H2O 50 ppmv max
Oxygen 5 ppmv max
KOH NIL

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Parameters Values TEST METHOD
(WATER as Feed)
Metals, ppm NIL ASTM D6350 for Hg
Sum of Ni+V+Na+Fe+Cu+As+K
< 0.05 ppm max

Notes:
1. Bidder to report Molecular weight, Kg/Kmol for product Hydrogen.
2. Bidder to report Dust Distribution (>10micrometer & >10micrometer) in
mg/Nm3 for product Hydrogen
3. Bidder to indicate any other impurities which can be present along with their
typical level. CPCL will evaluate the same and will confirm its acceptable level
based on feedback from Process Unit Licensor Feedback.
4. The test method shall be mutually agreed during the contractual period with
successful bidder.

3. Battery Limit Condition for Process Streams

1. Gaseous Green Hydrogen

Conditions for all incoming and outgoing streams at the battery limits shall be as
per the table given below:
Table 2: Battery Limit Condition for Process Streams

Stream Pressure Temp. oC Source / Destination

Kg/cm2g (hot/cold)
Outgoing streams
Please Please Hydrogen Header/
Hydrogen refer refer Nearest Hydrogen
table table consuming Unit
below below

The following feed and product battery limit conditions to be followed or

provided by BOO CONTRACTOR at CPCL tie-point location of Hydrogen Network:

Gaseous Green Minimum Normal Maximum Mech.

Hydrogen (Note-1) Design
Pressure, kg/cm2 g 22 23 24 --

Temperature, Deg C 40 --

Note-1: Header pressure is maintained at CPCL MANALI REFINERY at 22 Kg/cm2.

BOO CONTRACTOR needs to arrive at source pressure according to the distance and
flow.

4. GENERAL REQUIREMENTS FOR GREEN HYDROGEN SUPPLY:

4.1 Flare:

BOO OPERATOR shall carry out mitigation of flare load inside battery limit of the GHGU
to avoid flare relief load and to explore the possibility of cold flaring. IOCL is not in a
position to accommodate the flare stream processing in CPCL facilities.

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4.2 Effluents from Hydrogen Unit

All contaminated water drains shall be routed inside the GHGU into a common pit and
then to be treated inside GHGU premises. CPCL is not in position to accommodate the
treatment of liquid effluent in CPCL facilities.

4.3 Health & Environment:

4.4.1 BOO CONTRACTOR shall and shall cause its employees, agents, contractors/ sub-
contractors to:

(a) comply with the conditions of the environmental clearance, consent to

establish, consent to operate, hazardous waste authorization and the
standards stipulated in the Gazette Notification dated 18th March 2008 for
Petroleum Oil Refineries, G.S.R.186.
(b) comply with all the relevant rule and regulations like the Factories Act, 1948,
the Environment (Protection) Act, 1986, guidelines issued by Oil India Safety
Directorate from time to time, etc.
4.4 Safety

4.5.1 BOO CONTRACTOR shall and shall cause its employees, agents, contractors/sub-
contractors to:

(a) Observe own safety rules and regulations in the GHGU and rules and
regulations of the refinery outside the GHGU.

(b) Observe ‘No Smoking’ strictly in the premises except the earmarked place
(smoking booth). Any person who is found smoking or in the possession of
matchbox or lighter or any other means of ignition in the refinery premises or
in the GHGU shall be turned out of the Refinery gate. Suitable action as
decided by the refinery management shall also be taken.

(c) Maintain good standards of housekeeping.

(d) Take all safety precautions and obtain permission from the fire and safety
department of the Refinery before carrying out any hot job.

(e) Deploy a qualified safety officer to monitor the safety performance.

(f) Fire water for GHGU shall be in the scope of the BOO operator

(g) Report all accidents to the fire and safety department of the Refinery and fulfill
all legal formalities in relation thereto

(h) Enlist all chemicals on stock with their respective Material Safety Data Sheet
(MSDS).

(i) Be part of CPCL’s emergency response team and shall participate in mock
drills, rescue operations organized by CPCL.

(j) Conduct and implement recommendations arising out of HAZOP, model

review, external audits like periodic audit, pre- commissioning audit, QRA
(Quantitative Risk Analysis) and RRA (Rapid Risk Analysis) Studies etc. by the
bodies like Oil Industry Safety Directorate (“OISD”) within the stipulated time
frame.

(k) Take due insurance cover for affecting neighborhood (damage, loss and injury
to people, property and environment) due to any untoward incident.

(l) Follow near miss reporting in line with existing Refinery near miss reporting
system.

(m) BOO CONTRACTOR to follow all rules and regulations applicable to the

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Refinery over and above their own safety rules and regulations.

4.5 Traffic Safety

BOO CONTRACTOR shall and shall cause its employees to:

(a) maintain the speed limit of 25 km/hr inside the refinery premises.
(b) avoid traffic congestion and abide by the traffic rules by deploying trained and
licensed drivers.

4.6 Environment

BOO CONTRACTOR shall & shall cause its employees, agents, contractors/sub-contractors to:
a. Shall avoid wastage of drinking water, etc.

b. Transfer only neutralized effluent (pH 6.0 – 8.5) to the effluent treatment plant
of CPCL.

c. Install hydrogen leak detectors as applicable at strategic locations in the plant

area.

d. Install SO2, NOx, CO and PM analyzers in all the stacks for computerized
monitoring as stipulated in the EC or as per Government bodies requirement
and same is to be connected to CPCB and Haryana State Pollution Control
Board servers.

e. Latest “Guidelines for Continuous Emission Monitoring Systems” issued

by Central Pollution Control Board (CPCB) shall be adhered to by BOO
CONTRACTOR. Stack height shall be as per the below applicable Indian codes’
requirements and stacks shall have proper sampling and monitoring facilities.

Minimum Stack height shall be worked out using formula:

H = 14 * (Q)0.3 or 60 meter whichever is higher.
H = height of stack in meter Q = SO2 emissions in Kg/hr

f. Monitor fugitive emission through portable monitor at such periodicity as

prescribed as per the Gazette Notification dated March 18, 2008 issued under
the Fugitive Emission (Standards for Equipment Leaks Pt. No.7).

g. Monitor noise level at a periodicity of 3 (three) months.

h. Send all monitoring reports to CPCL.

i. Allow access to CPCL and their monitoring agencies in the GHGU and take
action on any observation/ deficiency found within the timeframe directed by
CPCL.
j. Arrange for disposal of solid waste like adsorbent or Electrolyzer materials, etc.,
through third parties following all the applicable rules.

k. Maintain records of solid waste generation and disposal and send report to
CPCL.

l. Take adequate measures for protection of land and ground water and also be
responsible for land reclamation. No waste, regardless of composition, shall be
drained to sewers, trenches, ditches or channels.

m. Allow access to the statutory bodies for inspection of the GHGU and implement
recommendations, if any, within the stipulated timeframe.

n. Take CPCL’s consent before doing any modification/ alteration/ deletion in the

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GHGU and if required, take necessary approval from the statutory authorities
on behalf of CPCL.

5. UTILITIES:

5.1. No Utility shall be supplied to BOO OPERATOR by CPCL upon mechanical completion
of the unit. BOO OPERATOR to arrange on their own as per the requirement.

5.2. Cooling Water: Supply of cooling water is in BOO CONTRACTOR’s scope.

5.3. Service Water and Drinking water:

a. Supply of Service Water & Drinking water is in BOO CONTRACTOR scope.

b. Instrument and Plant Air: to be managed by BOO CONTRACTOR
c. Nitrogen: to be managed by BOO CONTRACTOR

5.4. BOO Contractor to source renewable power either from their own Renewable energy
power (Solar & Wind) plants or purchase renewable energy from third party
Renewable Energy (RE) power producer during the contractual period.

6. CLIMATIC DATA

6.1. Elevation above mean sea level, m: 3.5 m

6.2. Barometric Pressure: 0.033 kg/cm2g
6.3. Ambient Temperature (min/nor/max): 18 /35 / 45 °C
6.4. Relative Humidity, max, %: 80
6.5. Data for equipment design
 Design dry bulb / wet bulb temperature: 38 / 29 °C
 Low ambient temperature for Min Design Metal Temperature: 18
 Coincident temperature & humidity for Air Blower & Compressor Design: 80 % at
45°C
 Min. Design temperature for equipment: 65°C
 Design air temperature for air cooled exchangers in general: 40 °C
 Design air temperature for air cooled exchangers in critical services not followed by
water cooled trim exchangers: 42°C
6.6. Rainfall data
 For 1 Hour (Max), mm: 100
 For 24 Hours (Max), mm: 450
6.7. Wind data
 Wind Velocity (max.), km/hr: 180 as per IS:875 Part-III
 Prevailing Direction of Wind: North East & South West

7. OTHER PROCESS CONSIDERATIONS

7.1 BOO CONTRACTOR shall provide the following at the Production Site:

1. Facilities for safeguarding the process system in the event of any emergency
shutdown including the provision of adequate storage of utilities required to be
made available at the time of emergency.

2. Chemicals’ storage, dilution and injection facilities.

3. Facilities for collecting normal and emergency hazardous releases within the
battery limits of the Production Site.

4. Facilities for collecting the hazardous liquid blowdowns within the battery limit
into a Closed blow down drum.

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5. Facilities for collection of contaminated rainwater system (CRWS) in CRWS pit
containing pair (1 working +1 standby) of pumps after separation of oil and
water inside battery limit.

6. Special firefighting and safety systems, if required.

7. BOO CONTRACTOR shall consider necessary facilities required for environment

protection and occupational safety related to offered process.

8. BOO CONTRACTOR shall consider instrument air buffer vessel inside the battery
limit of the Production Site.

9. BOO CONTRACTOR will make provision of emergency power supply for the
GHGU.

7.2 BOO OPERATOR to note that utilities including Raw Water, Service Water, Drinking
Water etc. for the GHGU shall be made available on their own. IOCL will not supply
any of these utilities. Ground water usage is not allowed.

7.3 GHGU shall include all facilities for preparing, storing and injection of required
chemicals. Working storage volumes shall ensure smooth start-up, normal operation
and Shutdown of GHGU.

7.4 BOO CONTRACTOR to note that the GHGU shall include all facilities for receiving,
preparing, storing, pumping and injecting the required chemicals. Working storage
volumes shall ensure smooth start- up, normal operation and shutdown of unit.

7.5 BOO CONTRACTOR shall be responsible for the unloading and disposal of spent items.

7.6 BOO CONTRACTOR shall fully comply with all statutory and regulatory requirements,
standards, guidelines, recommended practices including but not limited to PESO, IBR,
OISD, etc.

7.7 BOO CONTRACTOR shall provide double block and bleed valves with spectacle blind
for all the process and utility lines entering and leaving the battery limit and the same
shall be located inside the battery limit of the Production Site.

7.8 BOO Contractor to have his own laboratory. CPCL will not permit any of the Bidder's
personnel in its Lab premises for testing or witnessing during the contractual period.
In case of any dispute, joint sampling and testing shall be mutually agreed.

8. Safety in Hydrogen Production

1. Hydrogen, being a flammable gas, can readily explode if ignited when it

accumulates in confined space. Hydrogen fires pose a particular danger as they are
not visible to the human eye.
2. BOO Contractor should conduct Process Hazard Analysis (PHA) to pinpoint potential
hazards. Gas dispersion modelling should be utilized to identify areas where
hydrogen leaks could accumulate and potentially ignite, leading to explosions. If
such locations are identified, gas detection systems should be implemented.
Additionally, fire detection mapping should be employed to determine the necessary
number and placement of fire detectors to detect and respond to any incidents of
these “invisible” fires. Seating considerations should be taken into account to
ensure that occupied rooms and buildings are adequately distanced from areas
where explosions could potentially occur.
3. The Bidder shall ensure that the project is developed in strict accordance with the
Oil Industry Safety Directorate (OISD) Standard 241/other applicable safety
standards and standards published by MNRE attached as annexure

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PRODUCTION SITE LAYOUT

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LAYOUT OF PRODUCTION SITE

The Green Hydrogen Generation Unit shall be built 3 acres of land owned by CPCL having coordinates 13°11'48.7"N 80°17'27.0"E,
(dropped pin).

BOO OPERATOR should adhere to the space allotted for the plant and the available area should be used in the most optimum way. The
BOO OPERATOR shall not disturb road layout outside allocated land for Green Hydrogen Unit, as per above drawing for safety purpose.
Maximum land parcel that can be spared for the GHGU is 2 acres without considering Hydrogen storage facilities. In case BOO Contractor
desires to have storage facilities for Hydrogen, then the maximum land parcel that can be spared for the GHGU is 3 acres.

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SCHEDULE C: Product Specifications

for
BOO TENDER FOR
GREEN HYDROGEN UNIT (2 KTA)AT
CPCL MANALI

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Part A – Gaseous Green Hydrogen
BOO OPERATOR shall be obligated to ensure that the supply of Gaseous Green Hydrogen at
the Delivery Point to CPCL is compliant with the following specifications:

1. Hydrogen Product Quality Specification

Hydrogen produced from the plant shall cater to the following minimum specification:
Table 1: Quality Specifications for Gaseous Green Hydrogen

Parameters Values TEST METHOD

(WATER as Feed)
Hydrogen purity 99.9 mol. % min.
CO 1 ppmv ASTM D2504
CO2 10 ppmv ASTM D2505
Chlorides <0.1 ppmv Draeger tube 8103481
Chlorine+ Chlorides 1.0 ppmv max Draeger tube 8103481
CH4 0.1 mol% ASTM D2505
Nitrogen Basic Nitrogen <0.1 ppm ASTM D2504
Total Nitrogen <1ppm
H2O 50 ppmv max
Oxygen 5 ppmv max
KOH NIL
Metals, ppm NIL ASTM D6350 for Hg
Sum of Ni+V+Na+Fe+Cu+As+K
< 0.05 ppm max

Notes:
1. Bidder to report Molecular weight, Kg/Kmol for product Hydrogen.
2. Bidder to report Dust Distribution (>10micrometer & >10micrometer) in
mg/Nm3 for product Hydrogen
3. Bidder to indicate any other impurities which can be present along with their
typical level. CPCL will evaluate the same and will confirm its acceptable level
based on feedback from Process Unit Licensor Feedback.
4. The test method shall be mutually agreed during the contractual period with
successful bidder.

2. Battery Limit Condition for Gaseous Green Hydrogen

Conditions for all incoming and outgoing streams at the battery limits shall be as
per the table given below:
Table 2: Battery Limit Condition for Process Streams

Stream Pressure Temp. oC Source / Destination

Kg/cm2g (hot/cold)
Outgoing streams
Please Please Hydrogen Header/
Hydrogen refer refer Nearest Hydrogen
table table consuming Unit
below below

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The following feed and product battery limit conditions to be followed or
provided by BOO CONTRACTOR at CPCL tie-point location of Hydrogen Network:

Gaseous Green Minimum Normal Maximum Mech.

Hydrogen (Note-1) Design
Pressure, kg/cm2 g 22 23 24 --

Temperature, Deg C 40 --

Note-1: Header pressure is maintained at CPCL MANALI REFINERY at 22 Kg/cm2.

BOO CONTRACTOR needs to arrive at source pressure according to the distance and
flow.

Part B – Gaseous Oxygen

1. Oxygen Product Quality Specification

Oxygen produced from the plant shall cater to the following minimum specification:
Table 3: Quality Specifications for Gaseous Oxygen Export Quality

Component Specification Method

Oxygen purity 99.5 vol% min By difference
Hydrogen
H2O 50 ppmv max
Basic Nitrogen <0.1 ppm
Nitrogen ASTM D2504
Total Nitrogen <1ppm
Argon To report G-176
KOH NIL
Draeger tube
Chlorides <0.1 ppmv
8103481
Chlorine+ Chlorides 1.0 ppmv max Draeger tube
8103481
CO2 1 ppmv ASTM D2505

Allowable hydrogen content in oxygen shall be 2 PPM

Allowable H2O content in Oxygen shall be 0.11 PPM

2. Battery Limit Condition for Gaseous Oxygen

The following feed and product battery limit conditions to be followed or

provided by BOO CONTRACTOR at CPCL tie-point location:

Gaseous Oxygen Minimum Normal Maximum Mech.

Design
Pressure, kg/cm2 g 15 --

Temperature, Deg C Amb --

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SCHEDULE D: CONDITIONS PRECEDENT

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Part A: BOO OPERATOR Conditions Precedent

CONDITIONS PRECEDENT
 BOO OPERATOR shall have provided Performance Security as set out in Clause 21 and as per the
format as set out under Schedule E;
 BOO OPERATOR has procured relevant Permits for commencement of construction under this
Agreement;
 BOO OPERATOR shall have demonstrated, to the reasonable satisfaction of CPCL, that BOO
OPERATOR has obtained and maintains valid insurance in accordance with the provisions of Clause
29 of this Agreement; and
 Financial close shall not be a part of condition precedent but the same shall be complied consequent
to contract agreement.

Part B: CPCL Conditions Precedent

(a) CPCL shall hand over encumbrance free production site as per clause 5.1.1 of Condition of
Contract. The production site area shall be as per actual requirement limited to approximately 20
acres.

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SCHEDULE-E (PERFORMANCE SECURITY)

FORMAT OF
PERFORMANCE GUARANTEE

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AMENDED FORMAT OF PERFORMANCE GUARANTEE (PERFORMANCE SECURITY)

FORM OF BANK GUARANTEE

Chennai Petroleum Corporation Limited (Manali Refinery)

Dear Sir,

In consideration of Chennai Petroleum Corporation Limited (Manali) (hereinafter called

Corporation which expression shall include its successors and assigns) having awarded
certain Work for and relative to the installation of a (Name of Project) at of the
Corporation to (Name & address of Contractor) (hereinafter called the” CONTRACTOR”)
upon certain terms and conditions mentioned in the Corporation’s Letter of Acceptance
No. _____________
Dated
. read with the CONTRACTOR bid and the relative Bid Documents
(hereinafter collectively called the CONTRACT which expression shall include any formal
Contract entered into between the Corporation and the CONTRACTOR in supersession of
the said Letter of Acceptance and all amendments and/or modifications in the Contract)
inclusive of the condition that the Contractor shall cause to be furnished a Bank Guarantee
from a Scheduled Bank in India (which includes the Indian Branch of a foreign Bank
acceptable to the Corporation) as hereinafter appearing in lieu of cash Security deposit.

We (Name of the Bank) a body corporate registered/constituted under

the laws of (hereinafter called the “BANK” which expression shall include its
successors and assigns) with the intent to bind the Bank and its successors and assigns,
do hereby unconditionally and irrevocably undertake to pay the Corporation at the office of
the Corporation at Chennai on first demand in writing without protest or demur or proof
of condition any and all amounts from time to time demanded by the Corporation from
the Bank with reference to this Guarantee/Undertaking upto an aggregate limit of US
$ (United States Dollars
only) and Indian Rupees
(Rupees only).

AND the Bank doth hereby further agree as follow:

i. The Guarantee/Undertaking herein contained shall remain in full force and effect during the
entire period that would be taken for the performance for the Contract and until the claims of
the Corporation relative thereto are satisfied and/or discharged and the Corporation
accordingly discharges this Guarantee/Undertaking subject, however, that the Corporation
shall have no claim under this Guarantee/Undertaking after midnight of 20.. , unless a notice
of the claim under this Guarantee/ Undertaking has been served on the Bank before the expiry
of the said date, in which event the same shall be valid notwithstanding that the same is
enforced after the expiry of the said date, provided that the Bank shall upon the written
request of the Corporation made at any time within 6 (six) months after the expiry of the said
date extend this Guarantee/Undertaking for a further 6 (Six) months from the said date within
which the Corporation may make a demand.

ii. The Corporation shall have the fullest liberty without reference to the Bank and without
affecting in any way the liability of the Bank under this Guarantee/ Undertaking, at any time
and/or from time to time anywise to vary the Contract and/or any of the terms and conditions
thereof or relative to the Security deposit or to extend time of performance of the Contract
in whole or part or to postpone for any time and/or from time to time any of the obligations
of the CONTRACTOR and/or the power(s) exercisable by the Corporation against the
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CONTRACTOR and either to enforce or forbear from enforcing any of the terms and conditions
of or governing the Contract or the Security deposit or the securities available to the
Corporation or any of them and the Bank shall not be released from its liability under these
presents and the liability of the Bank shall remain in full force and effect notwithstanding any
exercise by the Corporation of the liberty with reference to any or all the matters aforesaid
or by reason of time being given to the CONTRACTOR or any or all the matters aforesaid or
by reason of time being given to the CONTRACTOR or any other forbearance, act or omission
on the part of the Corporation or any indulgence by the Corporation to the CONTRACTOR or
of any other act, matter or thing whatsoever which under the law relating to sureties could
but for this provision, have the effect of releasing the Bank from its liability hereunder or any
part thereof and the Bank doth hereby specifically waive any and all contrary rights.

iii. It shall not be necessary for the Corporation to proceed against the CONTRACTOR before
proceeding against the Bank and the Guarantee/Undertaking herein contained shall be
enforceable against the Bank notwithstanding the existence of any other security for any
indebtedness of the CONTRACTOR to the Corporation (including relative to the security
deposit) and notwithstanding that any such security shall at the time when claim is made
against the Bank or proceeding taken against the Bank hereunder, be outstanding or
unrealized.

iv. The amount stated by the Corporation in any demand, claim or notice as due to the
Corporation from the CONTRACTOR shall as between the Bank and the Corporation for the
purpose of these presents be conclusive of the amount payable by the Bank to the
Corporation hereunder.

v. The liability of the Bank to the Corporation under this Guarantee/Undertaking shall remain
in full force and effect notwithstanding the existence of any difference or dispute between
the CONTRACTOR and the Corporation, the CONTRACTOR and the Bank and/or the Bank
and the Corporation, or otherwise howsoever touching or affecting these presents or the
liability of the CONTRACTOR to the Corporation, and notwithstanding the existence of any
instructions or purported instructions by the CONTRACTOR or any other person to the Bank
not to pay or for any cause withhold or defer payment to the Corporation, under these
presents, with the intent that notwithstanding the existence of such difference, dispute or
instructions, the Bank shall be and remain liable to make payment to the Corporation in
terms hereof.

vi. The Bank shall not revoke this Guarantee/Undertaking during its currency except with the
previous consent of the Corporation in writing and also agrees that any change in the
constitution of the CONTRACTOR or of the Bank or of the Corporation shall not discharge
the bank’s liability hereunder.

vii. Without prejudice to any other mode of service, a demand or claim or other communication
may be transmitted by the Corporation to the Bank either by post or by fax. If transmitted
by fax, the transmission shall be complete as soon as acknowledged by the Bank.

viii. The Bank doth hereby declare that Shri _____________________________ (Name and
Designation of the person) is authorized to sign this Guarantee/Undertaking on behalf of the
Bank and to bind the Bank thereby.

Dated: day of 20

Yours faithfully,

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For

Signature

Name & Designation:

Name of the Branch:

NOTES:
1. This Guarantee/Undertaking is not to be witnessed
2. This Guarantee/Undertaking is required to be stamped as an agreement
according to the stamp duty prescribed either in the State in which it is executed
or at Chennai, whichever is higher.

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SCHEDULE F
METERING & BATTERY LIMIT
INTERFACE

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SCHEDULE A

METERING

1. BOO Contractor shall at its own expense install all flow meters, for measuring Gaseous Green
Hydrogen, or any other Utility accepted to supply by CPCL that is used in the unit. For the
avoidance of doubt, it is clarified that the meters so installed by BOO Contractor shall be owned
by BOO Contractor throughout the Term of the Agreement. The total volume of supply of
Products supplied to CPCL as well as Utilities consumed by BOO Contractor shall be measured
by these meters. The meters used for measurement of Gaseous Green Hydrogen shall be
integrating type flow meters and measurement of the Products shall be in weight, the unit of
which shall be the Kg/Hr (Kg/H).

2. BOO Contractor shall submit quality parameters of flow meters, to be installed at the Delivery
Point for measuring Gaseous Green Hydrogen or any other Utility to CPCL for its review prior
to procurement. CPCL shall be obligated to provide its comments with respect to quality
parameters of flowmeters of Gaseous Green Hydrogen or any other Utility promptly but no later
than within 30 (thirty) days from the day when such specifications were submitted to BOO
Contractor. Any disagreement on these quality parameters shall be settled mutually between
CPCL and BOO Contractor.

3. All meters shall be installed at the Delivery Point in the GHGU. The meters shall, to the extent
not explicitly provided herein, be operated by BOO Contractor on terms that have been mutually
agreed with CPCL.

4. The meters for the purpose of billing for Gaseous Green Hydrogen, or any other utility, shall be
under the custody of BOO Contractor. BOO Contractor agrees that it shall not interfere or
tamper with the readings of the meters.

5. Meters shall be designed, installed and operated in accordance with recognized international
standards viz. API MPMS, AGA from time to time, during the Term of the Agreement, as
described in detail in Schedule A. All costs pertaining to updation of the meters on account of
revisions, updates, amendments shall be solely borne by BOO Contractor. Further BOO
Contractor shall ensure that the meters installed by BOO Contractor at the GHGU are at all
times compliant with applicable Bureau of Indian Standards and Applicable Laws.

6. The locking arrangement for the metering equipment shall be mutually agreed between the
Parties. All invoicing shall be made based on joint reading of BOO Contractor’s metering
equipment on monthly basis or at a frequency mutually agreed between BOO Contractor and
CPCL. Representatives from both CPCL and BOO Contractor shall be present at the time of
reading of meters. In case BOO Contractor 's or CPCL’s representative is not present for the
joint reading at the agreed date and time as above, BOO Contractor shall submit the invoice
based on the reading taken by BOO Contractor / CPCL present and interim payments shall be
made to BOO Contractor accordingly. In such condition, the invoice along with relevant
debit/credit note for the subsequent billing period shall be prepared based on the cumulative
reading for the immediate previous billing period(s) for which interim payments have been
released and net payment due to BOO Contractor shall be made by CPCL.

7. All the measurement data as provided in Schedule A shall be accumulated including any
verification or proving (as applicable) computed in the respective stream flow computers using
pulse signal in the control room in an audit trail environment as per the requirements of API
MPMS 21. Custody HMI system shall be only for acquiring data, reporting, trending, alarming,
net fiscal accounting etc. No data computation shall be performed in the Custody HMI system

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for the purpose of billing. The complete system shall have redundant Ethernet architecture
including stream flow computer and Windows HMI. A Custody HMI system shall also to be
provided in CPCL Control Room (Location of Control room to be decided during kick-off meeting)
for acquiring data, reporting, trending, alarming, net fiscal accounting, etc.

8. For measurement of liquid items, wherever applicable, permits from Government Authorities
shall be obtained by BOO Contractor for the flow meter, provers and the stream flow computers
etc. If any Permit is also required for gas flow measurement, then the same shall be obtained
by BOO Contractor.

9. All gas flow measurement points shall be in full compliance to the respective standards including
design, selection, installation, field verification guidelines. In-situ field performance testing shall
be performed at field operating conditions for Hydrogen as listed in respective AGA standard
with a reference module in-built. The GHGU shall be built in such a manner that common
influences as listed do not affect the field performance of the meter.

10. BOO Contractor shall always maintain a standby custody transfer meter for Gaseous Green
Hydrogen, Construction Water, Construction Power or any other utility and a ABT meter for
electrical energy measurement, calibrated and ready for replacement condition, as and when
required. The terms and conditions applicable to meters as provided under this Clause shall
apply mutatis mutandis apply to such standby custody transfer meter.

11. CPCL may, if it so desires also install additional metering equipment for the Product(s)at its
battery limits. CPCL shall maintain and operate such metering equipment to measure and
calculate the quantities of Product(s) delivered to CPCL. Such metering equipment installed by
CPCL shall remain the property of CPCL at all times.

12. CPCL, at its expense, shall test and calibrate its metering equipment at an interval of six months
or within such interval as per manufacturer's recommendation in presence of CPCL's
representative. Periodic joint calibration shall be carried out at such times as maybe mutually
agreed between the Parties. BOO Contractor shall provide all the testing /calibrating equipment
/ standard gas required during the joint calibration of the meters. BOO Contractor shall also
submit to CPCL, calibration certificates of each of the calibrating equipment duly certified from
reputed organizations with tractability of the calibration certificate to National Physical
Laboratory (NPL)/ National Test House/ National Institute of Standards and Technology (NIST),
USA.

13. In addition, at the request of CPCL, subject to CPCL providing BOO Contractor reasonable
advance notice in this regard, BOO Contractor shall test the metering equipment in the presence
of CPCL's representatives, and if the metering equipment is found on such test to be accurate,
CPCL shall pay CPCL’s cost and expense of such test, but ON such test if the metering is found
to be inaccurate, then the cost and expense of such test and of correcting the inaccuracy in the
metering equipment shall be borne by BOO Contractor. If on any test, the metering equipment
is found to be inaccurate, a correcting invoice /debit/credit note shall be rendered to cover the
actual amount of Product and Utilities exchanged between BOO Contractor and CPCL for a
period of 30 days prior to the date of such test. If on any test of the metering equipment, the
measurement of accuracy and repeatability is within limits as specified in Schedule A, the meter
shall be considered to be accurate.

14. The Parties agree that if either Party so desires then any measurement, gauging, analyses or
tests, etc., under this Clause 13 shall be witnessed and verified by an independent surveyor
jointly appointed by the Parties.

15. If during the Term of this Agreement, the meters or any component of the meters is found to
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be out of service or registering outside the permissible tolerances, BOO Contractor, shall
forthwith adjust such component to read centrally and as accurately as possible within such
limits or (if that is not possible) replace it with a component that does read centrally and as
accurately as possible within such limits. The recordings and computations made on the basis
of those recordings shall be corrected with respect to any period of error that is definitely known
or agreed by the Parties. All the invoices issued during such period of error shall be amended
accordingly to reflect such correction and an adjustment in payment shall be made between
BOO Contractor and CPCL accordingly. In the event that the period of error is neither known
nor agreed, corrections shall be made for each delivery made during the last half of the period
since the date of the most recent calibration of the inaccurate device.

BATTERY LIMIT INTERFACE

1. Interface engineering

BOO CONTRACTOR shall carry out all interface engineering for complete compatibility with PMC/
CPCL design with respect to location/ specification for all incoming and outgoing pipelines from
Green Hydrogen Generation unit.

2. Battery limit isolation

BOO CONTRACTOR shall provide double block and bleed arrangement with spectacle blind for
all process and utility streams coming into and going out of the BOO CONTRACTOR's battery
limit. Double block and bleed arrangement with spectacle blind shall be provided inside BOO
CONTRACTOR's plant battery limit.

3. Metering System
BOO CONTRACTOR shall provide metering system for all incoming and outgoing process and
utility streams.
Meters shall be designed, installed and operated in accordance with recognized international
standards viz. API MPMS, AGA from time to time, during the Term of the Agreement, as
described below:

METERING STANDARDS

Description Recommended Applicable Unit Limits of Repeatability

Flow Meter Standards Accuracy (of
Flow Rate)
(Instrument
Accuracy)
Gaseous Green Coriolis Flow AGA 11 Nm3/hr, +/- 0.35 % of +/-0.2%
Hydrogen from Meter Tonnes/hr actual measured
Bidder flow rate with
pressure
temperature

Raw Water DP transmitter ISO 5167 m3 /hr As per ISO 5167 +/-0.5%
With Orifice Accuracy for
plate Transmitter : +/-
0.05% or better
of span for more
than 760 mmWC

Note-1: All the flow meters above shall be provided with totalizer.
Note-2: Flow meter shall be provided with pressure, temperature compensation.
Note-3: Oxygen metering standard shall be similar to Hydrogen metering standard.

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4. OSBL Green Hydrogen piping
BOO CONTRACTOR shall conduct detail survey of OSBL piping routing, space in pipe-
rack and rack adequacy study before finalizing the scheme. The scheme has to be
consented by CPCL before execution of the scheme.
BOO CONTRACTOR shall Design (for maximum expected flow + additional 50% design
margin), build, finance, test, commission, and handover to CPCL of these OSBL headers
from GHGU battery limit to CPCL MANALI REFINERY as per the identified tie in locations
for the respective service. The scheme has to incorporate the required isolation valves
at battery limit of the respective units including control valves (if applicable) and their
opening signal indication at DCS, piping draining scheme as per industry practice etc.
The scheme also required to conduct HAZOP study and study-based recommendations
to be implemented at no additional cost to CPCL.

5. Soft signals at CPCL MANALI REFINERY

BOO CONTRACTOR to provide the below minimum soft signals including DCS
indication at CPCL Manali Refinery for the purpose of online monitoring of Green
Hydrogen Generation unit operation:

(a) Raw water drawl or sourcing rate

(b) DM water generation rate
(c) Import power consumption
(d) Feed water to Electrolyzer(s) (individual and combined)
(e) Oxygen venting (individual and combined)
(f) Green Hydrogen supply flow, Pressure & Temperature at Green Hydrogen unit
battery limit
(g) Green Hydrogen supply flow, Pressure & Temperature at CPCL Manali Refinery
battery limit
(h) Nitrogen consumption in Electrolyzer(s) (individual and combined)
(i) Typical Applicable signals in case of SMR based unit

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GREEN HYDROGEN PURCHASE AGREEMENT

BETWEEN

[INSERT NAME OF BOO CONTRACTOR]

(“XYZ”)

AND

CHENNAI PETROLEUM CORPORATION LIMITED

(“CPCL)

AT [INSERT DATE]

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GREEN HYDROGEN PURCHASE AGREEMENT

THIS GREEN HYDROGEN PURCHASE AGREEMENT (the “Agreement”) is

made at [insert] on , 2024 (“Execution Date”)

By and Between

[insert name of Project BOO OPERATOR] a company incorporated under the

provisions of the Companies Act, 2013 and having its registered office at [insert]
(hereinafter referred to as (“XYZ”), which expression shall unless repugnant to
or inconsistent with the context, means and includes its successors and permitted
assigns) of the FIRST PART;

AND

CHENNAI PETROLEUM CORPORATION LIMITED, a Government of India

Undertaking and incorporated under the Companies Act, 1956, having its
Registered Office at Chennai Petroleum Corporation Limited, New No. 536, Anna
Salai, Teynampet, Chennai – 600 018, Tamil Nadu, (hereinafter referred to as
“CPCL”, which expression shall unless repugnant to or inconsistent with the
context, means and includes its successors and permitted assigns) of the SECOND
PART.

XYZ and CPCL shall hereinafter be collectively referred to as the “Parties” and
individually as a “Party”.

WHEREAS

A. CPCL intends to set up Gaseous Green Hydrogen Generation unit at CPCL

Manali Refinery with installed capacity of 2000 MT per annum on BUILD
OWN OPERATE (BOO) basis. In order to meet the requirement of Gaseous
Green Hydrogen for use in its Manali refinery facilities, CPCL envisages
installation of Green Hydrogen Generation Unit (GHGU) at a site inside the
Refinery plot area for supply of Gaseous Green Hydrogen (GGH), under the
terminology and condition commonly known as BUILD OWN OPERATE
(BOO) basis and more particularly described in Conditions of Agreement
and herein after referred as "GHGU".

B. CPCL requires Gaseous Green Hydrogen (GGH) for use at its Manali
Refinery Facilities and has requested XYZ to supply such quantities of GGH
from plant to be Built, Owned and Operated by XYZ on a Build Own
Operate (BOO) basis. CPCL has selected
as the XYZ possessing requisite potential and
willingness to install aforesaid Production Plant by making its own
investment, on "Build-Own-Operate " (BOO) basis for supply of Gaseous
Green Hydrogen (GGH) to CPCL.

C. XYZ agrees to Build, Own Operate the "GHGU" with all brand new
equipment, items, accessories and auxiliaries, designed and capable of
steadily operating for atleast 25 years, for, inter alia, the production,
storage and supply of Gaseous Green Hydrogen to meet CPCL’s
requirements to be set up on the land allocated to XYZ by CPCL under
license for use by the XYZ to set up the facility inside CPCL’s Plant site.

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D. The XYZ intends to produce and supply Gaseous Green Hydrogen of

specified parameters for primarily use by CPCL on continuous, reliable and
long-term basis by building, owning, operating and maintaining the
GHGU, located inside the refinery of CPCL without capital investment by
CPCL and as per the terms and conditions more particularly appearing
hereinafter.

E. The XYZ has presently satisfied itself to the site conditions and has
acquainted itself in general with all local conditions and all its
responsibilities for compliance to applicable laws and regulations and has
obtained all other information on its own both as to risk, contingencies &
other circumstances which may influence or affect the work and other
requisites for proper installation, operation and maintenance of the
Production Plant after due inspection of site and surrounding and scrutiny
of other related factors.

NOW, THEREFORE, in consideration of the foregoing and the mutual promises

Contained herein, CPCL and XYZ, intending to be legally bound, hereby agree
as follows

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DRAFT LAND LICENSE AGREEMENT

THIS DEED OF LAND LICENSE IS MADE AT……………… THIS DAY

OF………(MONTH) YEAR.

BETWEEN

CHENNAI PETROLEUM CORPORATION LIMITED, a Government of India Undertaking

and incorporated under the Companies Act, 1956, having its Registered Office at
Chennai Petroleum Corporation Limited, New No. 536, Anna Salai, Teynampet,
Chennai – 600 018, Tamil Nadu, (hereinafter referred to as “the Licensor” which
expression shall unless, excluded by or repugnant to the context, include its
successors and permitted assigns) of the One Part.
AND
(BIDDER)……………………………., a company incorporated under the Companies Act,
having its registered office at … ……………………………….. (address) (hereinafter referred
to as “the Licensee” which expression shall unless, excluded by or repugnant to the
context, include its successors and permitted assigns) of the Other Part.

WHEREAS

A. The Licensor has awarded the contract for the construction, operation,
maintenance of a Hydrogen Plant on Build, own, operate (BOO) basis in the
Manali Refinery, Complex at Licensor’s refinery at Manali, Tamil Nadu
(hereinafter referred to as “the Production Plant”) for supply of Gaseous
Green Hydrogen and Oxygen to the Licensee by issue of its Letter of
Acceptance dated…………

B. Pursuant thereto, the Licensor has entered into a Green Hydrogen

Purchase Agreement & Condition of Contract dated………….(hereinafter
referred to as “the Agreement”) for supply by the Licensee and purchase
by the Licensor of Hydrogen Gas and Oxygen as produced in the Production
Plant by the Licensee on terms and conditions as mentioned in the
Agreement.

C. In terms of the Agreement, the Licensor has agreed to make available to the
Licensee suitable land under license for use in the Manali Refinery Complex
to be set up at Licensor’s refinery at Manali, Tamil Nadu to Construct, Operate
and Maintain the Production Plant.

D. The Licensor is the absolute owner and is seized and possessed of the land
admeasuring XXXX sq.mtrs. approximately, earmarked for the Production
Plant and which is more specifically described in the Schedule hereunder
written and shown outlined in Schedule-B of the Conditions of Contract in
Technical part of the tender (hereinafter referred to as the “Licensed Site”).
The Licensor has accordingly agreed to allow use of the Licensed Site by the
Licensee on terms and conditions and for considerations herein after
stipulated.

NOW THEREFORE THIS DEED OF LICENSE WITNESSETH AS FOLLOWS:

1.0 GRANT, TENURE AND LICENSE FEE

a) The Licensor hereby grants the Licensee a license to construct and

operate the Plant as described above on the Land more fully described in

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Schedule Property with effect from ________ (hereinafter the “Effective

Date”). Notwithstanding anything contained in this Agreement, the
Licensee shall not acquire any interest or estate over the Land by virtue
of this Agreement.

b) All the terms used herein but not defined shall have the meaning ascribed to
them in the Conditions of Contract.

c) Further, the principles of Construction set forth in the Conditions of the

Contract shall mutatis mutandis to this License Agreement, as if expressly set
out in full herein.

d) In consideration of the license fee hereby reserved and of the covenants on

part of the Licensee to be observed and performed, the Licensor hereby
grants to the Licensee, a permission to occupy and use the Licensed Site for
the purpose of construction, operation, maintenance and management of the
Production Plant in accordance with the said Agreement for the License term
which shall commence from the date of signing of the Agreement, and end
on the expiry of 25 (Twenty Five) years from First Delivery Date under the
Agreement with liberty in both parties to mutually renew the terms of this
License on mutually agreed terms.

e) Licensor shall permit the Licensee to access the Licensed Site only through
the approach road shown on the layout-plant annexed hereto as Drg.
Schedule-B of the Conditions of Contract with immediate effect subject to
timing and security regulations as may be prescribed by the Licensor from
time to time.

f) During the License term, the Licensee shall pay to the Licensor, license fee of
Rs.1 (Rupees One Only) per month, which shall be paid in advance for each
12 months’ period, within the first fortnight of the commencement of such
period.

g) The Licensed Site shall at all times belong to and all rights therein shall vest
in the Licensor.

h) The Parties agree that the possession of the Land shall at all times, during
the license period, vest with the Licensor. Only employees, agents and other
persons who are authorized by the Licensee for the purposes of and in
connection with the construction and operation of the Plant shall be allowed
entry into the Land by the Licensee.

i) The Licensee shall occupation of the Licensed Site purely on license basis and
the Licensee shall be entitled to utilize the Licensed Site only for carrying out
obligations under the Agreement and for no other use, and paramount control
possession and ownership of the Licensed Site shall remain vested with the
Licensor.

2.0 LICENSEE’S COVENANTS

2.1 The Licensee with the intent that the obligations will continue throughout the License
term hereby created doth hereby covenant with the Licensor as follows:

a) The Licensee shall at its own risk and cost erect, maintain, conduct and
manage the building and structures on the Licensed Site as required for the
purpose of setting up the Production Plant and for carrying out the operations
from time to time in accordance with the statutory regulations, and other
standards as may be applicable. The Licensee shall ensure that the Licensed
Site is not directly or indirectly utilized or diverted from the exclusive purpose
for which it is licensed.

b) The Licensee shall obtain and keep renewed and validated all licenses,

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sanctions and permissions required for the purpose of operating, maintaining

and managing the Production Plant on the Licensed Site at its own cost and
shall not commit or do any act, thing or deed which is unlawful or contrary to
the terms of this License or of any terms, permission or sanction that it
obtains to operate and manage the Production Plant.

c) The Licensee shall indemnify, defend and hold the Licensor harmless against
any claim(s),damages, charges, costs, losses, injuries, action(s) suit, legal
proceedings and/or any liabilities that may arise on or after the date of
execution of this License Agreement, if arising out of or relating to any act or
omission by the Licensee to comply with any material legal , statutory or
regulatory duty or breach of the representations and covenants set out in this
License Agreement and/ or the Agreement.

d) The Licensee shall pay all expenses whatsoever relating to the setting up of
operation, maintenance and managing of the Production Plant on the Licensed
Site which shall include (but not be limited to) all expenses whatsoever
relating to the Production Plant (excluding any Tax / Statutory fees/charges
applicable for the licensed land), including property tax and/or any other
taxes, cesses, fees and charges whatsoever charge by and/or payable to any
department of the State Government of Tamil Nadu or any other body or
authority, and/or any other charges payable in connection with and/or in
relation to this License.

e) The Licensee shall pay, after the Effective Date, all charges for consuming of
electricity and water incurred during the License period relating to the
Property, per bills received from the State Electricity board and other
authorities directly to the authorities concerned for the part occupied by the
Licensee and as computed in the meters, installed by the Licensee.

f) In addition to the License Fee hereby reserved the Licensee shall also pay
and discharge regularly the bills and charges for consumption of water and
or electric energy or any other cess or outgoing in respect of the energy of
any nature consumed on the demised premises by the Licensee.

g) The Licensee shall pay and discharge all Corporation/local authority License
Fees, storage fees, storage of explosives License fees, factory License fees, if
any and any other charges, cesses, taxes, levied, payable to any public or
local authority directly in respect of the business carried on by the Licensee
and the use of the demised premises for the purpose.

h) The Licensee shall not transfer or dispose of or encumber or alienate or create

any mortgage, lien, charge, hypothecation or pledge or any other
encumbrance whatsoever, in any manner, directly or indirectly part with
possession of or permit utilization of the Licensed Site or any part thereof
to/by any other person/entity.

i) The Licensee shall not object to the Licensor or its authorized representative
at any time during the term enter into the Licensed Site and to inspect the
same to ascertain compliance of the terms of this Agreement.

j) The Licensee shall duly comply with the provisions of the pollution control
legislation as also with any conditions which may from time to time be
imposed by the Pollution Control Authorities with regard to collection,
treatment, disposal or discharge of effluent or waste or otherwise from the
Production Plant and/or other building(s) and/or structures set up on the
Licensed Site howsoever and shall indemnify and keep indemnified the
Licensor against the consequences of any breach or non- compliance of any
such provisions or conditions as aforesaid.

k) The Licensee shall observe and conform to all rules, regulations and bye-laws

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of the Licensor and of the local authority concerned or any other statutory
regulations in any manner relating to public health, safety and sanitation
applicable there to in order to keep the Licensed Site and surroundings clean
and in good condition to the satisfaction of the Licensor and shall not without
the prior written consent of the Licensor, permit any laborers or workmen to
reside upon the Licensed Site and in the event of such consent being given
shall comply strictly with the terms thereof.

l) The Licensee shall not, subject to strict observance of the terms and
conditions of any license, permission and/or approval from the appropriate
authority under the Indian Explosives Act and Rules framed there under, and
subject to such limit as may be otherwise permissible, allow storage of any
explosives or inflammable articles or things in any building or place upon the
Licensed Site where the same may prove harmful in case of explosion or fire
to the Licensor or the occupier of any adjoining premises or the general
public.

m) The Licensee shall not do or permit anything to be done on the Licensed Site,
which may be a nuisance, annoyance, disturbance or hazard to, or
interference in the peaceful use of their respective properties by the owners,
occupiers or residents of other premises in the vicinity.

n) The Licensee shall throughout the said terms, at its own expense repair, pave,
cleanse and keep in good and substantial condition (including all usual and
necessary internal and external painting, color and white washing) the
buildings and structures constructed by the Licensee on the Licensed Site.

o) Upon expiry/termination of this License, the Licensor shall transfer the Green
Hydrogen Generation unit (GHGU) to CPCL as per terms of this agreement.

p) The Licensee shall ensure that the Production Plant is insured against loss,
fire or any other damages at its own cost.

q) The Licensee shall at its own cost, during the License term, maintain the
access road leading to the Licensed Site in good order and condition to the
satisfaction of the Licensor.

r) The Licensee shall not use or carry on or permit to be used and carried on
the demised premises or any part thereof any particular vocation, business
or manufacture which may not be permitted by the Municipal or other public
body or authority and will comply with requisitions and demands of the
Corporation or other public body or authority in that behalf.

s) The Licensee shall carry on at its own cost repairs to the storage tanks, pumps
and installations that may be erected thereon or underneath the surface by
it.

t) The Licensee shall at the expiration or sooner determination of the said term
yield up and deliver peaceful and vacant possession of the demised premises
and in the event of any installation, erection, alteration or substitution having
been made thereon or underneath the surface restore the same to their
original state and conditions in which the same has been demised. All
buildings, structures, installations, fittings, fixtures and reaction of
whatsoever kind and nature whether in, upon or underneath the demised
premises shall during the said term and at the expiry thereof entirely belong
to and revert to the Licensee who shall be entitled to take away the same
provided that the demised premises are restored in their original state and
conditions. The Licensor will not have any right, title or interest thereon nor
shall they be entitled to appropriate or retain the same or any part thereon.

u) If any provision of this Land License Agreement become invalid due to any
change in law or any other eventuality, such invalidity shall not in any way
affect any of the other provisions of the Land License Agreement which shall
continue to remain in full force and effect.

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v) The certain provisions of this Land License Agreement shall survive the
termination of this Agreement to the extent necessary to effectuate the terms
contained herein.

3.0 LICENSOR’S COVENANTS:

3.1 Licensor hereby agrees and confirms that it has the power and authority to grant this
License Subject to Licensee performing its obligations in terms hereof, Licensor shall
ensure access to and from the Licensed Site indicated in Schedule-B of Conditions of
Contract.

3.2 That the Licensor have full power and absolute authority to demise the said premises
in the manner hereinbefore mentioned.

3.3 That on the Licensee paying the License Fee hereby reserved and observing and
performing all the several covenants, conditions and agreements hereinbefore
contained and on its part to be observed and performed, the Licensee shall peaceably
hold and enjoy the demised premises during the said term without any interruption by
the Licensor or any person lawfully or equitably claiming from, under or in trust for
them or any of them and the Licensor hereby declare that they have good title and full
right to grant and demise the said premises.

3.4 That the Licensee will be entitled and the Licensor shall permit and allow the Licensee
to lay erect, build, maintain and repair in, upon or underneath the demised premises
all electric cables, telephone and internet wires/cables, gas pipes, oil pipes, storage
tanks, containers, receptacles, outfits, pumps, service stations, tanks fittings, fixtures,
screens, counters, partitions, benches, shelves, lockers, sunblind, gas and electric
fittings, plant machinery, depots, sewers, drains, fire precautionary instruments, wells,
fencing, common walls, warehouses, office buildings, loading platforms, and such other
installations erections, buildings, etc., in such manner absolutely as the Licensee may
think fit for the purpose of the business of the Licensee and for beneficial enjoyment
by the Licensee of the demised premises for its aforesaid use and business

3.5 That the Licensee shall be entitled to carry out such additions, erections and alterations
to the demised premises or any part thereof either externally or internally as may be
necessary for the purposes of the work business of the Licensee subject however to
the Municipal/local body bylaws and other statutory rules and regulations for the time
being in force.

3.6 The Licensee shall also be entitled and be at liberty to affix, place or display its name
board, sign boards, advertisement boards of any nature whatsoever in relation to the
business of the Licensee

3.7 The Licensee shall be entitled to excavate, dig or break open the surface of any part of
the demised premises at any time during or after the expiration of the term hereby
granted and to remove any stone, sand, gravel, clay, earth or other material there
from for the purpose of erecting, laying, maintaining and/or removing storage tanks,
containers, receptacles and other erections or installations for the purpose of the
business of the Licensee or any other person.

3.8 The Licensee for the purpose of the construction and erection mentioned in any of the
preceding sub-clauses shall be entitled to allow its agent, person or other authorized
representative to enter upon the demised premises and to build and erect according to
the Licensee’s specifications requisite items herein mentioned without any let
hindrance of obstructions from the Licensor or any of them or any other person claiming
by through or under any of them.

3.9 On payment of Licensee Fee and observing and performing of the agreement on its
part, the Licensee shall peacefully and quietly hold /enjoy the Property during License
Term, as enlarged from time to time, without any disturbance or intervention by the
Licensor or any person claiming under or in trust for it or any other person whatsoever.

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3.10 The Licensor assures the Licensee that they are lawfully entitled to offer the property
on License to the Licensee.

3.11 The Licensor consents to co-operate with the Licensee and also consents to execute
any document as required by the State Government, Authority or Department
concerned in getting regulatory or other clearances for commencing the construction
of the Plant and conducting production operations.

4.0 TERMINATION

4.1 This License can be pre-maturely terminated in the following circumstances:

 By the Parties by mutual agreement;

 Automatically, upon termination of the Agreement

 Upon termination of the Green Hydrogen Purchase Agreement

5.0 STAMP DUTY, REGISTRATION FEE AND OTHER CHARGES

5.1 The Stamp duty, Registration fee and any other charges (if applicable) on this License
Agreement shall be borne and paid by the Licensee.

6.0 ARBITRATION AND GOVERNING LAW

6.1 Any and all dispute arising out of or in connection with this License Agreement shall be
resolved in accordance with the procedure established in Article 39 of the Conditions of
Contract.

6.2 The provisions relating to the jurisdiction and governing Law as provided in Article 38
of the Conditions of Contract shall apply to this License Agreement.

7.0 NO ASSIGNMENT

7.1 The rights conferred to the Licensee under this Agreement are non-transferrable and non-
heritable. The Parties understand that the rights under this Agreement cannot be assigned or sub-
licensed under any circumstance.

8.0 NOTICE

8.1 All notices to be made under this Agreement must be in writing. Notices must be sent by one
Party to the other Party through any of the following modes, namely, a reputed courier agency,
registered post with acknowledgement due, e-mail with delivery and read receipt, or by hand as
follows:

To Licensor
Address:
Chennai Petroluem Corporation Ltd
536, Anna Salai, Teynampet, Chennai - 600 018

Attn : Mr. _______________________

Email : __________@cpcl.co.in

To Licensee
Address:
___________________

Attn : Mr ____________________
Email : ____________________________

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9. AMENDMENT

9.1 Any amendment to this Agreement shall not be effective and valid unless and until the
same is in writing and agreed by both the Parties.

10 COUNTERPARTS

10.1 This Agreement may be executed in counterparts. Each such counterpart shall be
considered an original for all legal purposes. It is agreed that each party shall retain one
counterpart of this Agreement.

11. FORCE MAJEURE:

11.1 The Licensee or Licensor as the case may be, shall be entitled to suspend or excuse
performance of its respective obligations under this Deed to the extent that the Licensee or
Licensor, as the case may be, is unable to render such performance by an event of Force
Majeure.

11.2 In this Deed, "Force Majeure" means any event or circumstance or a combination of
events and circumstances, which satisfies all the following conditions:

(a) materially and adversely affects the performance of an obligation;

(b) is beyond the reasonable control of the affected Party;

(c) could not have been prevented or reasonably overcome by the affected Party with the
exercise of Good Industry Practice or reasonable skill and care;

(d) does not result from the negligence or misconduct of such Party or the failure of such
Party to perform its obligations hereunder; and

(e) results in the Party affected by such event or circumstance or combination thereof being
unable to render its performance under this Deed.

11.3 Force Majeure includes the following events and/ or circumstances to the extent that
such events and/or circumstances, or their consequences satisfy the requirements set forth
in this Clause are,

(i) war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy
in each case involving or directly affecting India;

(ii) revolution, riot, insurrection or other civil commotion, act of terrorism or sabotage in
each case within India;

(iii) nuclear explosion, radioactive or chemical contamination or ionizing radiation directly

affecting the Demised premises and/or the Assets, unless the source or cause of the
explosion, contamination, radiation or hazardous thing is brought to or near the Demised
premises by the Licensee or any Associate of the Licensee or any sub-contractor or sub-
concessionaire of the Licensee or any such Associate or any of their respective employees,
servants or agents;

(iv) strikes, working to rule, go-slows and/or lockouts which are in each case widespread,
nationwide or political, within India;

(v) any effect of the natural elements, including lighting, fire, earthquake, unprecedented
rains, tidal wave, flood, storm, cyclone, typhoon or tornado, within India;

(vi) explosion (other than a nuclear explosion or an explosion resulting from an act of war)
within India;

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(vii) epidemic or plague within India;

(viii) any event or circumstances of a nature analogous to any events set forth in paragraphs
(i) to (vii) of this Clause above within India.

11.4 Procedure for Force Majeure:

If a Party claims relief on account of a Force Majeure event, then the Party claiming to be
affected by the Force Majeure event shall, immediately on becoming aware of the Force
Majeure event, give notice of and describe in detail:

(i) the Force Majeure event(s) that has occurred;

(ii) the obligation(s) affected as described above,

(iii) the dates of commencement and estimated cessation of such event of Force Majeure
and

(iv) the manner in which the Force Majeure event(s) affect the Party's obligation(s) under this
Deed. No Party shall be able to suspend or excuse the non-performance of its obligations
hereunder unless such Party has given the notice specified above.

(v) The affected Party shall have the right to suspend the performance of the obligation(s)
affected as described above, upon delivery of the notice of the occurrence of a Force Majeure
event in accordance with above. The affected party, to the extent rendered unable to perform
its obligations or part thereof under this Deed as a consequence of the Force Majeure Event
shall be excused from performance of the obligations provided that the excuse from
performance shall be of no greater scope and of no longer duration than is reasonably
warranted by the Force Majeure event.

(vi) The time for performance by the affected Party of any obligation or compliance by the
affected Party with any time limit affected by Force Majeure, and for the exercise of any right
affected thereby, shall be extended by the period during which such Force Majeure continues
and by such additional period thereafter as is necessary.

(vii) Each Party shall bear its own costs, if any, incurred as a consequence of the Force
Majeure. Neither Party shall be entitled to terminate this Agreement on account of the
occurrence of an event of Force Majeure.
(viii) The Party receiving the claim for relief under Force Majeure shall, if it wishes to dispute
the claim, give a written notice of dispute to the Party making the claim within 30 days of
receiving the notice of claim. If the notice of claim is not contested within 30 days as stated
above, all the Parties to this Deed shall be deemed to have accepted the validity of the claim.
If any Party disputes a claim, the Parties shall follow the procedures set forth above regarding
the Dispute Resolution.

11.5 Mitigation:

(i) The Party claiming to be affected by an event of Force Majeure shall take all reasonable
steps to prevent, reduce to a minimum and mitigate the effect of such event of Force Majeure.
The affected Party shall also make efforts to resume performance of its obligations under this
Deed as soon as possible and upon resumption, shall notify the other Party of the same in
writing.
11.6 Force Majeure conditions shall not apply to any payment obligations envisaged under
the Agreement.

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IN WITNESS WHEREOF THE PARTIES above named have executed this License
Agreement on the day, month and year first above written.

SIGNED AND DELIVERED SIGNED AND DELIVERED

For and on behalf of For and on behalf of

Chennai Petroleum …………. (Bidder)
Corporation Ltd.
By Shri………………………
By Shri……………………… Its…………………………and
Its…………………………and authorized signatory
authorized signatory
In the presence of:
In the presence of:

Witnesses Witnesses

1……………………………… 1………………………………

2……………………………… 2…………………………….

SCHEDULE REFERRED TO ABOVE

All THAT piece and parcel of vacant land measuring XXXX sq. mtrs. more or less situated at
_____________________________________ CPCL Manali Refinery, Manali, Chennai, Tamil Nadu,
and shown Schedule-B of the Conditions of Contract of the tender

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Interest Prohibition Clause

A) Where Arbitration clause is present in GCC/CoC etc. but is applicable for only
notified claims, the following Interest Prohibition clause shall be applicable:

Arbitration: Parties agree that the Contractor shall not be entitled for any pre-reference and
pendente-lite interest, i.e., date of cause of action till date of Award by Arbitral Tribunal.
Parties agree that Contractor’s claim for any such interest shall not be considered and shall
be void. The Arbitrator or Tribunal shall have no right to award pre-reference and pendent-
lite interest in the matter to the Contractor. Where the arbitral award is for the payment of
money, no interest shall be payable by Owner on whole or any part of the money for any
period till the date on which award is made.

Suit: Parties agree that the Contractor shall not be entitled for any pre-filing interest, i.e.,
date of cause of action till date of filing of civil suit. Parties agree that Contractor’s claim for
any such interest shall not be considered and shall be void. The Civil Court/Commercial Court
shall have no right to award pre-filing interest in the matter to the Contractor. Where the civil
decree is for the payment of money, no interest shall be payable by Owner on whole or any
part of the money for any period till the date on which the suit is filed.

B) Where the relevant GCC/GPC/GTC/CoC etc. contains Arbitration clause applicable

for all types of dispute/ claims, the following Interest Prohibition clause shall be
applicable:

Parties agree that the Contractor shall not be entitled for any pre-reference and pendente-
lite interest, i.e., date of cause of action till date of Award by Arbitral Tribunal. Parties agree
that Contractor’s claim for any such interest shall not be considered and shall be void. The
Arbitrator or Tribunal shall have no right to award pre-reference and pendent-lite interest in
the matter to the Contractor. Where the arbitral award is for the payment of money, no
interest shall be payable by Owner on whole or any part of the money for any period till the
date on which award is made.

C) Where no Arbitration clause is present in GCC/GPC/GTC/CoC etc., the following

Interest Prohibition clause shall be applicable:

Parties agree that the Contractor shall not be entitled for any pre-filing interest, i.e., date
of cause of action till date of filing of civil suit. Parties agree that Contractor’s claim for any
such interest shall not be considered and shall be void. The Civil Court/Commercial Court
shall have no right to award pre-filing interest in the matter to the Contractor. Where the
civil decree is for the payment of money, no interest shall be payable by Owner on whole
or any part of the money for any period till the date on which the suit is filed.

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EVALUATION METHODOLOGY

1) Bidder shall quote per KG price of LCOH in the MS excel BoQ. The quoted rates
for LCOH shall be up to two decimals only.

2) Quoted Per KG price shall be inclusive of all taxes, duties & levies but excluding
Goods & Service tax. Bidder shall quote GST rate in the respective cell in BoQ

3) The bids shall be evaluated on inclusive of GST basis.

4) Reverse Auction shall be conducted on per KG price of LCOH quoted by the

bidder inclusive of GST

5) The quantity in this tender is not Splitable.

6) Work will be awarded to the overall lowest bidder, subject to compliance of MSE
& Public Procurement Policies (PPP) of GoI attached herewith

7) In case, more than one bidder quotes the same price per KG of LCOH, lowest
bidder will be selected as per following:

a) If the quoted value is higher than the estimated cost by more than 10%:
Discount from their quoted value will be sought from the bidders who are under
tie. Bidder offering the highest discount will be treated as lowest bidder. In case
of tie even after offering the discount, lowest bidder will be selected through
drawl of “lot” in the presence of the concerned bidders.
b) If the quoted value is higher than the estimated cost by equal to or less than
10% (OR) less than the estimated cost:

Lowest bidder will be selected through drawl of “lot” in the presence of the
concerned bidders.

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SCHEDULE OF RATES

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PRICE PART
BOQ in excel file format is uploaded separately. Bidders are to quote in the same file
without any modification / alteration and upload the same in the space provided for price
bid.

Bidders may upload un-priced BOQ along with technical bid. Any price / rates quoted in
technical bid shall be ignored and shall not be taken into cognizance while evaluating the
offers. Any additional condition / deviation mentioned / quoted in price bid shall be ignored
and not considered for evaluation.

The rates quoted shall be inclusive of all levies & duties but excluding GST. Bidders shall
quote the GST rates in Price Bid. Bids shall be evaluated, i.e. landed cost shall be worked
out including the quoted GST to determine the lowest bidder / Rank – 1 bidder on overall
basis.

List of documents attached / uploaded separately:

i. BOQ-CPCLGHGU.xls--(BOQ for price bid quotation)

PREAMBLE TO SCHEDULE OF RATES

1. Please do not quote any price in Techno-commercial Part, if quoted your offer will be
liable for rejection.
2. The schedule of rates should be read with all other sections of this tender.
3. The tenderers shall be deemed to have studied the items, specifications, and details
of work to be done within the time schedule attached and to have acquainted himself
with the conditions prevailing at site.

4. The quantities shown against various items are only approximate. Any increase or
decrease in the quantities shall not form the basis of alteration of the percentage /
rates quoted and accepted.
5. The Owner reserves the right to extrapolate/interpolate the rates for such items of
work falling between similar items of lower and higher magnitude.
6. The works, item wise, shall be measured upon completion and paid for at the rates
quoted and accepted.

7. All the items of work mentioned in the ‘Schedule of Rates’ and covered by this
contract shall be carried out as per the drawings, specifications and directions of the
Engineer-In-charge, and shall include all labour(s), materials, tools and tackles,
plants testing, if any, with contractor’s testing appliances etc. required to complete
the job.
8. The tenderer shall quote the rates / percentage with respect to items in an excel file
named as BOQ (Bill of Quantity).

9. Unless otherwise specified in Special Conditions of Contract – Technical / Special

Conditions of Contract – Commercial, no price escalation shall be applicable on
quoted rates and the rates shall remain firm and fixed till completion of the contract /
job / work as per terms and conditions of tender.

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10. Any other preamble to SOR / Details and notes with reference to SOR mentioned in
Special Conditions of Contract – Technical / Special Conditions of Contract –
Commercial / Detailed Schedule of Rates (as applicable) shall prevail over this
Preamble to SOR, in case of any repugnancy

11. The quoted rates for LCOH shall be up to two decimals only. In case after opening of
price bids it is observed that the quoted rates consist of more than two decimal places
then only figures upto two decimals’ places shall be considered for evaluation
purpose.

12. It shall be mandatory for the contractor to submit documentary evidence of

submission/ payment of EPF/ EDLI/ ESI/ Bonus for the workers employed during the
period for which RA/ Final bill is raised for payment.

13. The job shall be evaluated based on the overall quoted price including GST.

14. Any change in the format (price) may result in summarily rejection of the offer without
any reference whatsoever to the bidder.
15. Prices shall not be quoted in this part of the bid.
16. Scanned / Photocopy of Price bid are not acceptable and such bids shall be
summarily rejected. BOQ (Bill of Quantity) is to be submitted after making entries in
highlighted cells, without changing any format. Price bid /quotation /price offer
submitted in any format other than the given BoQ format shall be ignored and shall
not be considered for evaluation. Price quoted at any other place / with any other
document submitted shall also be ignored and shall not be considered for evaluation.

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Item Rate BoQ Validate Print Help

Tender Inviting Authority: DGM (Contracts)

Name of Work: GREEN HYDROGEN GENERATION UNIT (GHGU) OF 2 KTA CAPACITY ON BOO BASIS AT CPCL MANALI
Tender No: CPCLH24443
Name of the Bidder/ Bidding Firm / Company
PRICE SCHEDULE
(This BOQ template must not be modified/replaced by the bidder and the same should be uploaded after filling the relevent columns,
else the bidder is liable to be rejected for this tender. Bidders are allowed to enter the Bidder Name and Values only)

BASIC RATE
TOTAL TOTAL
In Figures To TOTAL
Sl. GST Tax AMOUNT AMOUNT
Item Description Quantity Units be entered by AMOUNT
No. % Excluding Including
the Bidder In Words
GST GST
Rs. P

Levelised Cost of Hydrogen (LCOH)

for Green Hydrogen Generation Unit
(Fixed unit cost incorporating
1 CAPEX, OPEX, rate of return,
depreciation for a span of 15 years
per unit of Hydrogen production
capacity)
Levelised Cost of Hydrogen per Kg of INR Zero
1.01 1.000 KG NOT TO BE QUOTED HERE 0.00 0.00
Hydrogen Gas Only
Total in INR Zero
0.00 0.00
Figures Only

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