ICL COMPRESSOR O&M

Bharat Petroleum Corporation Limited

(A Govt. of India Enterprise)

TENDER DOCUMENT

Tender for the Operations and Comprehensive annual

maintenance contract of ICL Make Daughter Booster

Compressors installed in Ahmednagar-Aurangabad GA

Notice for Inviting Tender

1. Bharat Petroleum Corp. Ltd. (BPCL) is developing City Gas Distribution (CGD) Network in

Ahmednagar & Auranagabad Districts (Maharashtra) and shall be engaged in supplying Piped Natural

Gas (PNG) for Industrial, Commercial & Domestic sectors & Compressed Natural gas (CNG) for

automobile sector.

2. We are pleased to invite quotation for the Single Tender bid for the Operations & Comprehensive

annual maintenance contract CAMC of ICL make DBS compressor as per scope and on the terms &

conditions contained in this tender document.

3. Vendor is requested to submit their bids taking full notice of all the Scope of work, terms and

conditions, forms & attachments to this tender. Bids must be submitted through e-tendering system

only and must be filled up by the authorized and competent authority of your firm.

4. This is an e-tender. Please visit the website www.bpcltenders.eproc.in for participating in this tender

and submitting your Techno-commercial and Price bids online. The bid documents are to be

submitted online thru BPCL E-proc portal only. All the bids shall be opened online.

5. The e-tender is floated in single part Bid through E-Tender system, consisting of Price Bid.

6. Bidder should bid grand total wise in this tender.

7. Bids would be evaluated & awarded on grand total cost basis for tendered items. Bidder has to quote

8. The vendors shall be in a position to produce further information as and when required by BPCL.

9. BPCL, at its discretion reserves the right to verify information submitted and inspect the

manufacturer facilities to confirm their capabilities. The vendors should have required clearance

from all statutory authorities as applicable.

10. The placement of contracts/orders & further activities pertaining to order/s fulfilment will be

undertaken by BPCL.

11. The bids submitted should be valid for four months from the due date of tender for our acceptance.

A bid valid for a shorter period shall be considered as non-responsive and rejected by the Owner.

Notwithstanding above, the Owner may solicit the Bidder consent to an extension of the period of bid

validity. The request and the responses thereto shall be made in writing.

12. Once the order is placed, it will remain firm till completion of order.

13. Bids should submitted positively by the due time & date as mentioned in this tender. The BPCL E-proc

portal system time, in Indian Standard time, will be the time to be considered.

14. We request the bidder to carefully go through all tender documents before submitting the o er.

Please note that any mistake in the price bid that leads to staling of tender, will have serious

consequences including holiday listing of vendor as per corporate guidelines.

15. The bidders to provide their bank details / PAN / tax Registration numbers/ as applicable for updating

vendor master file. You are also requested to keep BPCL informed of any change in address / status

of your business / contact details including email address etc.

16. GOVERNING LAWS: The laws of Union of India shall govern all matters concerning the tender. Any

issue arising related to the tender or the selection process shall be adjudged by the courts in Mumbai,

17. BPCL alone reserves the right to accept or reject, any or all tenders received at its absolute discretion

without assigning any reason whatsoever.

18. EARNEST MONEY DEPOSIT: Not Applicable for registered vendor.

19. Security deposit:

a. The successful contractor will have to provide security deposit of 10% of the basic value of

contract. This Security deposit may be furnished in the form of an Account payee Demand Draft

payable to BPCL or Bank Guarantee in the prescribed format (Refer GCC). If submitted by way of

bank guarantee the validity of the same to be extended suitably as advised by BPCL.

b. In the case of security deposit submitted in the form of Bank guarantee, the Bank Guarantee shall

be valid and remain in force till the contractual completion period (expiry of the defect liability

period, if applicable) and with a claim period of six months thereafter.

c. In case the successful contractor is not furnishing the performance security deposit as referred

above on award of the job, the same shall be deducted from each running account bills at the rate

of 10% of bill value till overall security deposit of 10% as mentioned above is collected.

d. The successful contractor will have to provide security deposit @ 10% of the basic value of

contract within 15 days of notification of award/LOI.

The bidder shall bear all costs associated with the preparation and submission of the bid and BPCL

will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the

bidding process.

20. BPCL is not responsible for any delays from bidder end.

21. BPCL reserves the right to make any changes in terms and conditions of tender before due date of

bid submission and to reject any or all bids received incomplete. BPCL reserves the right to change

the quantity tendered.

22. By submitting the bid, the bidder undertakes as under:

a. I/we hereby undertake that the statements made herein/information given in the bids through e-

tendering system/annexures/forms/uploaded documents referred are true in all respects and that in

the event of any such statement or information being found to be incorrect in any particular, the

same may be construed to be a misrepresentation entitling BPCL to avoid any resultant contract.

b. I/we further undertake as and when called upon by BPCL to produce, for its inspection, original(s)

of the document(s) of which copies have been annexed hereto.

23. BPCL reserves their right to negotiate the quoted prices.

24. Vendors would be qualified based on data and documents provided by them and based on

information available with BPCL with regard to their credentials. Owner decision on any matter

regarding short listing of vendors shall be final and any bidder shall not enter into any correspondence

with owner unless asked for.

25. The vendors who are on holiday list by BPCL, MOPNG, Oil Public Sector Undertaking (PSU) will

not be considered.

26. All the tender documents shall be required to be digitally signed with a class IIB or above digital

signature by the authorized signatory. The authorized signatory shall be:

i. Proprietor in case of proprietary concern.

ii. Authorized partner in case of partnership firm.

iii. Director, in case of a limited Company, duly authorized by its board of directors to sign.

If for any reason, the proprietor or the authorized partner or director as the case may be, are unable

to digitally sign the document, the said document should be digitally signed by the constituted

attorney having full authority to sign the tender document.

27. Online submission of the tender shall be considered as token of having read, understood and

totally accepted all the terms and conditions.

28. The bidder is expected to examine all instructions, forms, attachments, terms and

specifications in the tender document. The entire tender document together with all its attachments

thereto, shall be considered to be read, understood and accepted by the bidder, unless deviations

are specifically stated seriatim by the bidder. Failure to furnish all information required in the tender

document or submission of a bid not substantially responsive to the tender documents in every

respect will be at bidder risk and may result in the rejection of his bid. The bidder scope of supplies

as specified in the material requisition shall be in strict compliance with the scope detailed therein

and in the bid document.

29. Bidders in their own interest shall ensure that they submit their e-bid, complete in all respects, well

within the specified bid due date and time. No relaxation shall be given for delay due to any

unforeseen event in submission of bid.

30. At any time prior to the bid due date, we may, for any reason, whether at its own initiative or in

response to a clarification requested by a prospective Bidder, modify the Bid Document. The

amendment will be notified through e tender portal to all prospective Bidders and will be binding on

them. In order to a ord prospective Bidder, reasonable time in which to take the amendment into

account in preparing their bids, we may, at our discretion, extend the bid due date. The bid prepared

by the Bidder and all correspondence/ drawings and documents relating to the bid exchanged by

Bidder and the Owner shall be written in ENGLISH language, provided that any printed literature

furnished by the Bidder may be written in another language so long as accompanied by an ENGLISH

translation, in which case, for the purpose of interpretation of the bid, the ENGLISH translation shall

31. Declaration that bidder has not been banned or delisted by any Government or quasi Government

agencies or Public Sector Undertaking (PSU) as per declaration format (provided as attachment

under declaration format) of the tender document should be downloaded & then suitably filled,

signed, stamped & uploaded against relevant heading.

32. Bidders are advised to submit bids based strictly on the terms & conditions and specifications

contained in the tender document and not to stipulate any deviations. Each Bidder shall submit only

one bid. A Bidder who submits more than one bid will be rejected.

33. The Owner may, at its discretion, extend the bid due date, in which case all rights and obligations

of the Owner and the Bidders, previously subject to the bid due date, shall thereafter be subject

to the new bid due date as extended.

34. Telex/Telefax/ E-mail/postal o ers will not be considered and shall be rejected.

35. No bid shall be modified subsequent to the due date & time or extension, if any, for submission

of bids. Bidder(s) to note that Price changes after submission of bid shall not be allowed. In case

any bidder gives revised prices/price implication, his bid shall be rejected. No bid shall be allowed

to be withdrawn in the interval between the deadline for submission of bids and the expiration of the

period of bid validity specified by the Bidder. Withdrawal of a bid during this interval shall result in

the forfeiture of Bidder s EMD. No suo-moto reduction in prices quoted by bidder shall be permitted

after opening of the bid. If any bidder unilaterally reduces the prices quoted by him in his bid after

opening of bids, the bid (s) of such bidder(s) will be liable to be rejected. Such reduction shall not be

considered for evaluation of prices but shall be binding on the bidder in case he happens to be a

successful bidder for award of work.

36. Conditional bids will be liable for rejection.

37. The Owner will examine the bids to determine whether they are complete, whether any

computational errors have been made, whether the documents have been properly signed and

whether the bids are generally in order.

38. Prior to the expiration of period of bid validity, the Owner will notify the successful Bidder in

writing or by e-mail, that his bid has been accepted. The Notification of Award will constitute

the formation of the Contract. Delivery Period shall be counted from the date of notification of

award (Letter/Fax/e-mail of Intent).

39. Any e orts by a Bidder to influence the Owner/ in the Owner bid evaluation, bid comparison or

contract award decisions may result in the rejection of their bid.

40. The relevant WCT/TDS if & as applicable will be deducted from the charges quoted by the successful

41. It is for the Bidder to assess and ascertain the rate of GST applicable on quoted items. It is clearly

understood that Owner will not have any additional liability towards payment of any statutory levy

which is based on Bidder s wrong assessment / interpretation of applicability of such levy. Bidder

shall ensure that invoice(s) shows the GST component separately and is issued in accordance with

Tax Rules. Octroi/Entry tax, if any, in India shall be directly paid by the vendor, if applicable, which

shall be reimbursed by Owner at actuals on submission of documentary proof. BPCL shall not be

liable, in case the tax authorities assess the tax elements in a di erent way on account of any

reason, whatsoever. Taxes and duties other than those specified in this document, if any, shall be

included in the quoted prices and no reimbursement shall be made by BPCL.

Owner’s liability with respect to taxes and duties will be restricted to the following only:

GST as quoted by the bidder.

Any new taxes or duties levied by statutory authorities during contract shall be reimbursed by

the BPCL on production of gazette notification.

42. ISSUE OF CONTRACT/ PURCHASE ORDER: After the successful Bidder has been notified that his bid

has been accepted, BPCL will send to such Bidder a detailed contract/Purchase Order/s

incorporating all the terms and conditions agreed between the parties. Within 7 days of receipt

of the detailed contract/ Purchase Order, the Bidder shall sign and return to BPCL the duplicate

copy of the contract/order as a token of their Acknowledgement. The contract/ orders will be

43. Grievance Redressal Mechanism: Bharat Petroleum Corporation Limited (BPCL) has developed the

Grievance Redressal Mechanism to deal with references/ grievances, if any, that is received from

bidders who participated / intends to participate in the Corporation tender. The details of the same

are available on our website www.bharatpetroleum.in

44. It shall be understood that every endeavor has been made to avoid errors which can materially a ect

the basis of the tender and the successful vendor shall take upon himself and provide for risk of any

error which may subsequently be discovered and shall make no subsequent claim on account

This tender document consists of the following annexures, which are enclosed:

1.1-scope of work, Special condition of contract and Terms/tender conditions .

1.3-General Instructions to bidders for e-tendering

Note: In case of a dispute between the General Contract Condition and Special

Purchase Conditions, the Special Purchase Conditions shall prevail.

Price bid shall have to be submitted online in the appropriate form.

45. Purchase preference to MSEs (Micro & Small Enterprises) shall be applicable as per tender

46. BPCL's Bank Details for Bank Guarantee:

Name of Bank: State Bank of India

Branch: CAG Branch, Mumbai

IFSC Code: SBIN0009995

1. In case of a dispute between the General Purchase Conditions and Special Purchase Conditions,

the Special Purchase Conditions shall prevail.

2. In the General Purchase Conditions, wherever 'BPCL' or 'Bharat Petroleum Corporation Ltd.' is

mentioned, please consider it as 'Bharat Petroleum Corp. Ltd. (BPCL).

48. The Scope of Works and all terms & conditions, performance and e iciency parameters

will be followed as per the original E-Tender No. 72474 dt. 18.04.2020.

49. For any queries / clarifications on tender technical specifications / commercial points and other

terms and conditions of the tender please contact as under:-

Mr. Tarun Garg Contact No:

Email: [email protected]

Yours faithfully,

For Bharat Petroleum Corp. Ltd.

Mr. Manoj Kumar Jadhaw,

Territory Manager (GAS), MH-

E-Mail: [email protected]

INSTRUCTION TO BIDDERS (ITB)

1. ONE BID PER BIDDER:

i. Each bidder shall submit only one bid. A bidder who submits or participates in more than one bid will

be disqualified. If bid of companies which is managed & controlled by same group of individual

(common owners/ proprietor, common partner/ common directors), the participation in a particular

tender by more than one such bidder will not be allowed, and bids will be disqualified.

ii. Also, if this fact is known at a later stage during bid evaluation or even after finalization of contract,

the award will be made null and void and appropriate action any form and putting the firms on holiday

list will be taken.

iii. Alternative Bids shall not be considered.

2. COST OF BIDDING :

i) The Bidder shall bear all costs associated with the preparation and submission of the Bid

including but not limited to Bank charges all courier charges including taxes & duties etc. incurred

thereof. Further, OWNER will in no case, be responsible or liable for these costs, regardless of the

outcome of the bidding process.

3. SITE LOCATION / SITE VISIT:

1. Bidder is advised to visit and examine the site, its surroundings and familiarize himself of the existing

facilities and environment and collect all other information which he may require for preparing and

submitting the bid and entering into the Contract. Claims and objections due to ignorance of existing

conditions or inadequacy of information will not be considered after submission of the bid and during

implementation.

2. The Bidder or any of its personnel or agents will be granted permission by OWNER to enter upon its

premises and land for the purpose of such visits, but only upon the explicit condition that the Bidder,

his personnel or agents will release and indemnify OWNER and his personnel and agents from and

against all liabilities in respect thereof and will be responsible for personal injury (whether fatal or

otherwise), loss of or damage to property, and any other loss, damage, costs, and expenses incurred

as a result thereof.

3. The Bidder shall not be entitled to hold any claim against OWNER for noncompliance due to lack of

any kind of pre-requisite information as it is the sole responsibility of the Bidder to obtain all the

necessary information with regard to site, surrounding, working conditions, weather etc. on its own

before submission of the bid.

4. FOR SITE VISIT CONTACT DETAILS:

AE Operations GAS A&A

[email protected]

5. ACKNOWLEDGEMENT & CONFIRMATION:

a) Bidder shall acknowledge against the Tender on GOVERNMENT e-procurement portal i.e.

bpcltenders.eproc.in and confirm his intention to bid or reason(s) of not participating in the

tendering or in case of regret / negative acknowledgement

6. CLARIFICATION OF BIDDING DOCUMENTS :

i) Bidder shall examine the Bidding Document thoroughly in all respect and if any conflict,

discrepancy, error, or omission is observed, Bidder may request clarification within the cuto date as

prior to the Bid Closing Date.

ii) Any failure by Bidder to comply with the aforesaid requirement shall not excuse the Bidder, after

subsequent award of Contract, from performing the work in accordance with the Contract.

iii) Response to queries / clarifications raised will be furnished as possible. The response shall not

form part of the Bidding Document unless issued as an Addendum / Amendment. The queries raised

(without identifying the sources of the query) and the responses will be uploaded on BPCL e-

procurement portal as corrigendum.

iv) Bidders are expected to resolve all their clarifications/queries to the Bidding Document and submit

their bid in total compliance to Bidding Document without any deviation / stipulation / clarification.

7. AMENDMENT OF BIDDING DOCUMENTS:

i) OWNER may, for any reason whether at his own initiative or in response to the clarification

requested by the prospective bidder(s), issue amendment in the form of Addendum during

the bidding period. Any addendum thus issued shall be part of the Bidding Documents and

Bidder shall submit ‘Original’ Addendum / Compliance letter duly signed and stamped in

token of his acceptance and Bidder shall follow the instructions issued along with addendum.

ii) For Addendum issued during the bidding period, Bidder shall consider the impact in his price

iii) The Owner, if consider necessary, may extend the date of submissions of Bid in order to allow

the Bidders a reasonable time to furnish their most competitive bid taking into account the

amendment issued thereof.

8. CONFIDENTIALITY OF BIDDING DOCUMENT :

i) Bidders shall treat the bidding documents and contents therein as strictly confidential.

ii) The Bidding Document is and shall remain the exclusive property of OWNER without any right to Bidder to

use them for any purpose except for the purpose of Bidding.

 PREPARATION OF BIDS:

LANGUAGE OF BID:

i) The Bid and all correspondence, drawing(s), document(s), certificate(s) etc. related to the bid exchanged

by bidder and OWNER shall be written in English Language. For supported documents and printed literature

submitted in any another language, an equivalent English translation shall also be submitted.

Responsibility for correctness in translation shall lie with the Bidder. In case of any conflict, for the purpose

of interpretation of the bid, the English translation shall govern.

9. DOCUMENTS COMPRISING THE BID:

i) The e-bid must be complete in all respects, leaving no scope of ambiguity. Bidder is fully responsible for

the bid submitted and no relief or consideration can be given for errors and omissions.

ii)The bid shall be submitted by uploading relevant document in respective covers provided in the BPCL E-

• SCHEDULE OF RATES (SOR)/ SCHEDULE OF WORKS (SOW) : Bidder shall quote only BPCL e-

Procurement Portal. No scanned copy of Quoted Price to be submitted/ uploaded.

iv) Un-priced /Techno-Commercial bid shall contain the following documents and to be uploaded at BPCL

e-procurement portal:

a) Covering Letter' on Bidder's 'Letterhead' clearly specifying the enclosed contents.

b) Copy of summary sheet of “Schedule of Works (SOW)” by mentioning QUOTED/ NOT QUOTED for quoted

Schedule of Rates (SOR)/ Schedule of Works (SOW).

c) Power of Attorney /copy of Board Resolution, in favour of the authorized signatory of the Bid on stamp

d) Copy of Partnership Deed in case of partnership firm or Memorandum & Article of Association in case of

limited company.

e) Original Documents, To Be Submitted To Bharat Petroleum Corporation Limited O ice, 2nd Floor, DTO

Building , BSNL CSC O ice, SBI Chowk, Ahmednagar- 414001 (Maharashtra) Within Seven (7) Calendar

Days From The Date Of Un- Priced Bid Opening.

f) Cancelled Cheque Of Bidder.

g) Reply To Pre-Bid Queries / Corrigendum – If Applicable

h) Any Other Information/Details Required As Per Bidding Document

Note: All the pages of the Bid must be signed by the "Authorized Signatory" of the Bidder.

i. Price Bid shall consist of:

No stipulation, deviation, terms & conditions, presumption, basis etc. shall be stipulated in Price Part of the

bid. Any condition if stipulated shall be treated as null and void and shall render the bid liable for rejection.

9.BID PRICES & BIDDING CURRENCY :

i) Prices indicated in Schedule of Rates (SOR)/ Schedule of Works (SOW) are in INR (Indian Rupees Only).

ii) Goods & Service Tax (GST) shall be paid against documentary evidence. Bidder should have valid GST

registration number of states for claiming GST.

iii) Bidder should mention QUOTED/ NOT QUOTED on Schedule of Works (SOW).

iii) Further, Bidder shall also mention the “Harmonized System of Nomenclature (HSN) Code / Service

Accounting Codes (SAC) at the designated place in summary sheet of Schedule of Works (SOW).

10. TAXES & DUTIES:

a) Reference of taxes subsumed in GST wherever appearing in the tender document / GCC, shall

appropriately be read as GST as per applicability. Accordingly, GST registration certificate shall be submitted

by bidder in place of Service Tax registration.

Invoice wherever appearing in the tender shall be read as ‘Invoice as per GST Act/Law’.

11. PRE-BID QUERIES :

a. Bidder can contact to the undersigned during the pre-bid query period.

Associate Executive Operations GAS

[email protected]

12. FORMAT AND SIGNING OF BID:

i) The bidder shall upload the Techno-commercial bid duly filled, signed and stamped by then authorized

signatory under the form provided in the BPCL e-procurement portal.

ii) All pages of bid shall be stamped and initialled by person(s) signing the bid.

iii) The bid shall contain no interlineations, erasures or overwriting. In case any corrections are required, the

original writings shall be neatly cut / penned through and rewritten nearby. No overwriting or erasure of

original writings by use of “white fluid” or otherwise is permitted. In case any erasure using “white correcting

fluid is found; the o er shall be liable to be rejected.

All corrections / cuttings / alterations shall be signed in full by the Bidder with date.

13. BID REJECTION CRITERIA / COMPLIANCE TO BID REQUIREMENT:

i) OWNER /BPCL expect Bidder’s compliance to requirement of Bidding Document without any deviation

and submit substantially responsive bid.

ii) Bids not compliance to requirement of Bidding Document shall not be accepted and OWNER /BPCL may

not seek any clarification / correspondence from bidders in case su icient acceptable bids are received.

Therefore, bidders are requested to submit their bids complete in all respects.

ii) Bidders shall ensure that their bids are complete in all respects and conform to terms, conditions

Tender. Bids not complying with OWNER / BPCL requirement and not submitted along with

“Signed & Stamped”, as confirmation of the same by Bidder, may be rejected without seeking any

14. SUBMISSION OF BID:

i) For submission of Bid, due date and time for submissions of bids have been mentioned in the IFB. Bids

cannot be uploaded by bidders on BPCL e-procurement portal beyond the Bid Due Date and time.

ii) Bids shall be submitted through e-tender mode in the manner specified elsewhere in tender document.

No Manual/ Hard Copy (Original) o er shall be acceptable.

15. DATE, TIME & PLACE OF SUBMISSION:

i) Bid must be submitted by the bidder through e-tendering on or before bid due date and time mentioned in

the IFB or any extension thereof as duly notified at www.bpcltenders.eproc.in .

However, Bidders are requested not to ask any extension in due date for submission of Bids in view of tight

project schedule.

ii) Bidders are advised in their own interest to carefully go through various help links provided at BPCL e-

procurement portal so as to ensure that bids are uploaded in BPCL eprocurement portal well before the

closing date and time of bid submission.

iii) In the event of failure in bidder’s connectivity with BPCL’s e-procurement portal during the last few hours

on account of problem on bidders account, they are likely to miss the deadline for bid submission. Due

date extension request due to this reason will not be entertained. In view of the same, bidders are advised

to upload their bid in advance.

i) E-tendering system of BPCL shall close immediately after the due date & time for submission of bid and

no bids can be submitted thereafter.

ii) Unsolicited Bids or Bids received to address other than one specifically stipulated in the tender

document will not be considered for evaluation/opening/award if not received to the specified destination

within stipulated date & time.

17. OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:

OWNER reserves the right to accept or reject any Bid, and to annul the Bidding process and reject all Bids,

at any time prior to award of Contract, without thereby incurring any liability to the a ected Bidder or

Bidders or any obligations to inform the a ected Bidder or Bidders of the ground for OWNER’s action.

However, Bidder if so, desire may seek the reason (in writing) for rejection of their Bid to which OWNER shall

respond quickly.

19. PROVISION REGARDING POLICY TO PROVIDE PURCHASE PREFERENCE:

(LINKED WITH LOCAL CONTENT) (PP-LC) (POLICY AMENDED AS DEFINED IN GAZETTE NOTIFICATION

NO. FB/20013/2/2017-FPPNG) OF MINISTRY OF ETROLEUM & NATURAL GAS)

20. AWARD OF CONTRACT:

i) Subject to various clauses of IFB & ITB, the OWNER will place the order on the successful

bidder(s) whose bid have been determined to be substantially responsive and have been selected for award

on “OVERALL LOWEST (L1) COST BASIS”.

21. PERFORMANCE SECURITY DEPOSIT / CONTRACT PERFORMANCE BANK GUARANTEE:

i) After Notification of Award of works by OWNER, the successful bidder shall furnish a performance

guarantee / security deposit. The Security Deposit may be furnished in the form of Accountant Payee Demand

Draft payable to BPCL or Bank Guarantee in the prescribed format. The BG shall be from any Indian

Scheduled Bank or an International Bank of repute having a branch in India or a corresponding banking

relationship with an Indian Scheduled Bank as per IFB & ITB.

22. CARTEL FORMATION:

In case any Bidder is found to be involved in cartel formation, his bid will not be considered for evaluation /

placement of order. Such bidder will also be debarred from bidding in future.

23. FRAUDULENT PRACTICES:

i) OWNER requires that Bidders / Contractors observe the highest standard of ethics during the award /

execution of Contract. “Fraudulent Practices” means a misrepresentation of facts in order to influence the

award of a Contract to the detriment of OWNER and includes collusive practice among bidders (prior to or

after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive

OWNER of the benefits of free and open competition.

ii) OWNER will reject a bid for award if it determines that the bidder recommended for award has engaged in

fraudulent practices in competing for the Contract in question.

iii) Bidder is required to furnish the complete and correct information / documents required for evaluation of

their bids. If the information / documents forming basis of evaluation is found to be false / forged, the same

shall be considered adequate ground for rejection of bids.

iv) In case, information / document furnished by the Bidder / Contractor forming basis of evaluation of his bid

is found to be false / forged after the award of the contract. OWNER shall have full right to terminate the

contract and get the remaining job executed at the risk & cost of such Bidder / Contractor without any

prejudice to other rights available to OWNER under the contract such as forfeiture of CPBG / Security

Deposit, withholding of payment etc.

v) In case, this issue of submission of false document during Bidding / after award, comes to the notice after

execution of work, OWNER shall have full right to forfeit any amount due to the any amount due to the Bidder

/ Contractor along with forfeiture of CPBG / Security Deposit furnished by the Bidder /Contractor.

vi) Further, such Bidder / Contractor shall be put on Blacklist / Holiday / Negative List of OWNER debarring

them from future business with OWNER for a time period, as per the prevailing policy of OWNER. Bidder /

Contractor along with forfeiture of CPBG / Security Deposit furnished by the Bidder /Contractor.

24. PROVISIONS FOR STARTUPS:

This clause shall not be Applicable for present tender as this is “Works” Tender.

PROFORMA OF BANK GUARANTEE (EARNEST MONEY DEPOSIT)

(On Non-Judicial Stamp paper for appropriate value)

BANK GUARANTEE NO. :

BANK GUARANTEE AMOUNT:

CLAIM (till 6 MONTHS from expiry date):

TENDER NO. /DATE:

JOB DESCRIPTION/

1. In consideration of the Bharat Petroleum Corporation Ltd having its registered office at Bharat Bhavan 4&6

Currimbhoy Road, Ballard Estate, Mumbai 400001 and Regional Office at ECE house, New Delhi (hereinafter

called “Corporation”) having agreed to exempt M/s __________________________ having its registered Office at

_________________ (hereinafter called “the said Contractor(s)”) from the payment of Earnest Money against

Tender No. _____________ dated _____________ issued by Corporation on production of a Bank Guarantee for

(hereinafter referred to as "Bank") at the request of M/s _______________________ (Contractor(s)) do hereby

undertake to pay unconditionally and irrevocably to the Corporation an amount not exceeding Rs. ________

(Rupees _________________ only) on demand by Corporation.

2. We ______________ (name of the Bank) do hereby undertake to pay the amounts due and payable under this

guarantee without any demur, merely on a demand from the Corporation stating that the amount claimed is due by

the said Contractor(s). Any such demand on the Bank shall be conclusive as regards the amount due and payable

by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not

exceeding Rs. _________________ (Rupees _________________ only).

3. We, ________________________________, further agree that the Corporation shall be the sole judge of and

as to whether the said Contractor has committed any breach or breaches of any of the terms and conditions of the

tender/or the contract and the extent of loss, damage, costs, charges and expenses caused to or suffered by or

that may be caused to or suffered by the Corporation on account thereof to the extent of the earnest money

required to be deposited by the contractor in respect of the said tender or the contract and the decision of the

Corporation that the said Contractor has committed such breach or breaches and as to the amount or amounts of

loss, damage, costs, charges and expenses caused to or suffered by or that may be caused to or suffered by the

Corporation from time to time shall be final and binding on us.

4. We undertake to pay to the Corporation any money so demanded notwithstanding any dispute or disputes

raised by the Contractor(s) in any suit or proceeding pending before any Court or Tribunal or Arbitrator relating

thereto our liability under this present being absolute and unequivocal. The payment so made by us under this

guarantee shall be a valid discharge of our liability under this guarantee for payment thereunder and the

Contractor(s) shall have no claim against us for making such payment.

5. We______________ (name of Bank) further agree that the guarantee herein contained shall remain in full force

and effect during the period that would be taken for the finalization of the said Tender and that it shall continue to

be enforceable till the Tender is finally decided and order placed on the successful Tenderer and all the dues of the

Corporation under of by virtue of the said Tender have been fully paid and its claims satisfied or discharged or till

the Corporation certifies that the terms and conditions of the said Tender have been fully and properly carried out

by the said Contractor(s) and accordingly discharge this guarantee.

6. We _______________________ (name of Bank) further agree with the Corporation that the Corporation shall

have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary

any of the terms and conditions of the said Tender or to extend time of performance by

the said Contractor(s) from time to time or to postpone for any time or from time to time any of the powers

exercisable by the Corporation against the said Contractor(s) and to forbear or enforce any of the terms and

conditions relating to the said Tender and shall not be relieved from our liability by reason of any such variation or

extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of the

Corporation or any indulgence by the Corporation to the said Contractor(s) or by any such matter or thing

whatsoever which under the law relating to sureties would but for this provisions have effect of so relieving us.

7. We, the Bank also agree that Corporation at its option shall be entitled to enforce this Guarantee against the

Bank as a principal debtor, in the first instance, without proceeding against the Contractor(s) and notwithstanding

any security or other guarantee that Corporation may have in relation to the Contractor(s)’s liabilities.

8. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s).

9. Notwithstanding anything contained in forgoing, our liability under this guarantee is restricted to

Rs__________________. The Guarantee shall remain in force till ________________ Months i.e.

________________. Unless a claim under this guarantee is made within six months from the expiry date herein

before mentioned the Corporation shall have no rights under these presents.

We, ________________(name of the Bank)_, lastly undertake not to revoke this Guarantee during its currency

except with the previous consent of the Corporation in writing.

In witness hereof, the Bank through its authorized officers has set its hand and stamp on this day of ______ 200 at

The seal of ………………………… was hereto duly affixed by ……………………… this day of

………………………. 200 in accordance with its bye-laws and this guarantee was duly signed by and as signed by

………………… and …………………………. as required by the said bye-laws.

Yours faithfully

Name & Designation

Name of the Branch

Contract Performance Guarantee/SD

Clause No. 18.1 of GCC, PERFORMANCE SECURITY DEPOSIT/RETENTION MONEY stands modified

as to ensure performance of the contract and due discharge of the contractual obligations, the successful

contractor will have to provide security deposit of 10% of the basic value of contract as PBG. Or else 10% of

the amount will be withhold from each raised invoice.

Payment Terms : Monthly Payments -100% : Within 30 days of submission of RA Invoices and complete

supporting documents.

List of compressors installed in Ahmednagar and Aurangabad GA.

DISTRICT STATION NAME

1 022914 AHMEDNAGAR Ban Bro Petroleum

SOR – SCHEDULE OF RATE

Sr. Items Qty. UOM Unit rate GST % Total value

No. (A) (excl. of (C) (incl. of taxes)

taxes) (B) D = A x B + (AxB)xC

1 Operations of 450 12.7 Months TO BE TO BE D1

SCMH DBS QUOTED QUOTED

Compressor (10th

August 2025 to 31st

2 CAMC of 450 SCMH 12.7 Months TO BE TO BE D2

DBS Compressor QUOTED QUOTED

Compressor (10th

August 2025 to 31st

Total Value (Incl. of =D1+D2

*The bid quoted will be based on the deployment of a compressor operator on 3 shift basis.

However, BPCL has the right to reduce the no. of shifts of compressor operator by giving 15 days of

notice. After reduction of the compressor operator shift, the payment against the operations of

SCMH DBS compressors will be paid based on the pro-rata basis. For an example, lets assume the

unit rate for the operations of 450 SCMH DBS compressor per month quoted by the vendor is Rs.

1000 for 3 shift basis. So, if the payment is made for 2 shift basis for the particular compressor will

be Rs. (1000)*(2/3) = Rs. 666.66. Vendor to quote the operations of 450 SCMH DBS compressor

Contract Time Period:

The operation of 01 packages is valid till 31st .08.2026

The CAMC of 01 packages in valid till 31st .08.2026

Scope of Work (SOW):-

The Scope of work and all other terms & conditions, performance and e iciency parameters will be

followed as per the original E-Tender No. 72474 dt. 18.04.2020. (attached with the Tender)

(To be filled by the Bidder)

M/s. Bharat Petroleum Corporation Limited (BPCL).

Having examined the Bid Documents consisting of the Invitation For bids, Instructions to Bidders,

General Conditions of Contract and its Addendum, Special Conditions of Contract with its

annexures, Specifications, Technical requirements, Time Schedule, Form of Agreement, Form of

Bid, Form of price bid / Schedule of Works (SOW) and Addendum(s) to the Bid Documents (if

any), and having understood the provisions of the said Bid Documents and having thoroughly

studied the requirements of BPCL relative to the work bid for in connection with the --------------

(Name of Work) and Bidding Document No.

----------------------------------- for “Operations and CAMC of ICL make DBS compressor”

and having conducted a thorough study of the job site(s) involved, the site conditions, soil

conditions, theclimatic conditions, labor power, water, material and equipment availability, the

transport and communication facilities, the availability and suitability of Site Fabrication Areas, the

availability of land and / or premises for temporary office and accommodation quarters and all

other factorsand facilities and things whatsoever necessary or relevant to the formulation of the

Bid and theperformance of work, I / we hereby submit our bid / offer for the performance of the

proposed services and supplies in accordance with the terms and conditions and within the time

mentionedin the Bid Documents at the rates / prices quoted by me / us in Schedule of Works / Price

included within the Bid Documents and arrived at rates / prices for the services and supplies as

per the Schedule of Works / Price. If the work is awarded to me / us, I / we undertake to perform the

work and make the supplies in accordance with the Contract Documents as defined in the Form

of Agreement forming part of the bid documents and accept the terms and conditions of Contract

as laid down therein and undertake to submit within 15 (Fifteen) days of receipt of Notification

of award of Bid for security deposit as specified in the Fax of Acceptance / Letter of Acceptance

andto sign the formal Contract in terms of the Proforma of Agreement forming part of Bid Documents

within 15 ( Fifteen) days of receipt of the Detailed Letter of Acceptance (DLOA) from Owner.

I/ We further undertake to keep my / our Bid / offer valid for a period as mentioned in Instructions

to Bidders from the date of opening of bids.

Yours faithfully,

(Signature(s) of the Bidders(s))

Name & Designation of authorized person signing the Bid on behalf of the Bidder(s)

Full Name and address of the Bidder(s).

DECLARATION OF LIQUIDATION, COURT RECEIVERSHIP OR SIMILAR PROCEEDING

An A idavit on a stamp paper of Rs.100/- duly attested by a Notary / Magistrate

Bharat Petroleum Corporation Limited (BPCL).

Subject: Declaration of liquidation, court receivership or similar proceeding cases

during the last five years from the Bid Due Date, if any.

Name of the Work :

We, M/s .......................................................... (Name of the Bidder) with corporate Office

…………………………………………………confirm that we are not under

liquidation, any court Receivership or similar proceeding and our business is not

banned by any Central / State Government Department / Public Undertaking or

Enterprise or Central / State Governments.

Name, Seal & Signature of the Bidder Name, Seal & Signature of the

Authority / Magistrate

Contact details Contact details

DECLARATION BY THE BIDDER

Name of Work: _

Bidding Document No.:

We _ (Name of the Bidder) hereby represent that we have gone through

andunderstood the Bidding Document TECHNICAL AS WELL COMMERCIAL REQUIREMENTS and

that our Bid has been prepared accordingly in compliance with the requirement stipulated in the

said documents.

We undertake that Bidding Document shall be deemed to form part of our bid and in the event of

awardof work to us, the same shall be considered for constitution of Contract Agreement. Further, we

shall sign and stamp each page of Bidding Document as a token of Acceptance and as a part of

the Contract in the

event of award of Contract to us.

SIGNATURE OF BIDDER :

NAME OF BIDDER :

COMPANY SEAL : _ _

"NO DEVIATION" CONFIRMATION

M/s. Bharat Petroleum Corporation Limited (BPCL).

Bidding Document No.:

We understand that any 'deviation / exception' in any form may result in rejection of Bid. We,

therefore, certify that we have not taken any 'exception / deviation' anywhere in the Bid and

we agree that if any 'deviation / exception' is mentioned or noticed, our Bid may be rejected.

Place: [Signature of Authorized Signatory of Bidder]

BIDDER'S GENERAL INFORMATION

M/s Bharat Petroleum Corporation Limited (BPCL)

Subject: Tender No. : FOR “Operations and CAMC of ICL make DBS compressor”.

2 Number of Years in Operation

3 Address of Registered Office

Bidder’s address where order/contract

isto be placed *

4 District: _ State:

Telephone Number of address (Country Code) (Area Code) (Telephone Number )

whereorder is to be placed Active Mobile No.

6 E-mail address

( Country Code) (Area Code) (Telephone Number )

Name & Designation of Contact Person

ISO Certification, if any

{ If yes, please furnish details }

11 Bid Currency

12 Port of shipment

Whether Supplier / Manufacturer

Dealer / Trader / Contractor

14 Type of Material Supplies

15 Banker’s Name

18 Bank Account Number

Proprietorship Firm/Partnership firm/ Limited/Others

If Others Specify:

20 Status of Firm

[ Enclose relevant certificates / partnership deed/certificate of

Registration, as applicable]

[ Enclose copy of GST Certificate ]

Whether Micro or Small Enterprise Not Applicable

(If Yes, Bidder to submit requisite documents as specified at ITB)

Whether MSE is owned by SC/ST Not Applicable

Entrepreneur(s)

(If Yes, Bidder to submit requisite documents as specified at ITB)

Type of Entity Corporate/ Non-Corporate (As per CGST/SGST/UTGST Act).

(In case of Non-Corporate Entity, bidder will submit

documentary evidence for same).

Whether Bidder is Startups or not Not Applicable

(If Yes, Bidder to submit requisite documents as specified at ITB)

For Indian Bidder: BPCL intent to place the order/contract directly on the address from where Goods are

produced/dispatched are Services are rendered. In case, bidder wants order/ contract at some other address or

supply of Goods/ Services from multiple locations, bidder is required to provide in their bid address on which

order is to be placed.

Place: [Signature of Authorized Signatory of Bidder]

Date: Designation:

AGREED TERMS & CONDITIONS

(On bidder’s Letterhead)

M/s Bharat Petroleum Corporation Limited (BPCL).

Subject: Tender No. : Operations and CAMC of ICL make DBS compressor

This Questionnaire duly filled in, signed & stamped must form part of Bidder’s Bid.

(Un-priced Bid). Clauses confirmed hereunder need not be repeated in the Bid.

L. NO. DESCRIPTION BIDDER'S

Bidder's name, Vendor Code of BPCL(if any) and address ( LOA/Ordershall be

released in this name )

Confirm quoted prices will remain firm and fixed till complete execution of the

Confirm acceptance of relevant Terms of Payment specified in the Bid Document.

Confirm that Contract Performance Security/ Security Deposit (CPS)will be

furnished as per Bid Document.

Confirm that CPS shall be from any Indian scheduled bank or a branch of an

International bank situated in India and registered with Reserve bank of India as

scheduled foreign bank. However, in case of bank guarantees from banks other

than the Nationalized Indian banks, the bank must be a commercial bank having

net worth in excess of Rs 100 cores and a declaration to this effect shall be made

by such commercial bank either in the Bank Guarantee itself or separately on its

Confirm compliance to Delivery/ Completion Period as specified in BidDocument.

6. Confirm Delivery/ Completion Period shall be reckoned from the date of Letter of

Acceptance (LOA).

Confirm your offer is valid for 6 months from Final/Extended Due Dateof opening

of Techno-commercial Bids.

8. Confirm acceptance to all provisions of Bid Document.

Confirm that none of Directors of bidder is a relative of any Director

9. of purchaser or the bidder is a firm in which any Director of

purchaser/BPCL or his relative is a partner.

Confirm that all Bank charges associated with Bidder’s Bank shall

beborne by Bidder.

Harmonized System Nomenclature (HSN): of Supply Items: Service

11. Accounting Codes (SAC) of Incidental Services (If any, refer price

bid / Schedule of Works (SOW)

Confirm any variation in GST at the time of supplies for any reasons,

12. other than statutory, including variations due to turnover, shall be

borne by bidder.

Confirm any error of interpretation of applicability of rate of GST

13. (CGST & SGST/ UTGST or IGST) on components of an item

and/or various items of tender by bidder shall be to bidder’s account

Testing and Inspection charges:

Confirm goods and services are subject to stage-wise and final

Inspection by Owner / Owner’s Authorized representative. Travel,

Living and Personnel expenses of Owner / Authorized

representative shall be borne by Owner / authorized representative

Place: [Signature of Authorized Signatory of

Designation: Name:

DECLARATION BY BLACKLISTING / HOLIDAY LISTING

Name of Work : FOR “Operations and CAMC of ICL make DBS compressor”.

Bidding Document No. : _

IN THE CASE OF A PROPRIETARY CONCERN

I hereby declare that neither I in my personal name or in the name of may Proprietary concern M/s which is

submitting the accompanying Bid / Tender nor any other concern inwhich I am proprietor nor any

partnership firm in which I am involved as a Managing Partner have been placed on black list or holiday list

declared by Owner or its Administrative Ministry (presently the Ministry ofPetroleum & Natural Gas), except

as indicated below:

(Here give particulars of blacklisting or holiday listing, and in absence thereof state “NIL)

IN THE CASE OF A PARTNERSHIP FIRM:

We hereby declare that neither we, M/s , submitting the accompanying Bid / Tender nor

anypartner involved in the management of the said firm either in his individual capacity or as

proprietor or managing partner of any firm or concern have or has been placed on blacklist or

holiday list declared by Owner or its Administrative Ministry (presently the Ministry of Petroleum &

Natural Gas), except as indicated below:

(Here give particulars of blacklisting or holiday listing, and in absence thereof state “NIL)

IN THE CASE OF COMPANY:

We hereby declare that we have not been placed on any holiday list or blacklist declared by Owner

or its Administrative Ministry (presently the Ministry of Petroleum & Natural Gas), except as

indicated below:(Here give particular of blacklisting or holiday listing, and in absence thereof

It is understood that if this declaration if found to be false in any particular, Owner or its

AdministrativeMinistry, shall have the right to reject my / our bid, and if the bid has resulted in a

contract, the contract isliable to be terminated.

SIGNATURE OF BIDDER : _

NAME OF BIDDER :

BANK MANDATE FORM

1 Bidder Name :

2 Bidder Code :

3 Address of the Bidder :

4 Particulars of Bank Account of Bidder :

4a Name of the Bank :

4b Name of the Branch and Address of the Branch :

4c Branch Code :

4d 9-Digit MICR code Number of the Bank & Branch :

(As appearing in the MICR Cheque issued by the Bank)

(Please do not give multicity cheque book code Number)

4e Type of Account :

(Savings Bank, Current or Cash Credit)

4f Account Number : 4g RGTS / IFSC Code (11 Digit) :

4h NEFT Code No. :

5 E-mail address of the Bidder :

6 Contact Person(s) of the Bidder :

I / We declare that the particulars given above are correct and complete and I / We accord our consent for

receivingall our payments through Electronics Mechanism.

(Signature and designation of the

Authorizedperson(s) of Bidder

O icial seal of the Bidder’s Place: Date :

BANK CERTIFICATION

Certified that the particulars furnished above are correct as per our records.

Signature of the Authorized O icial of the

UNDERTAKING FOR NON-ENGAGEMENT OF CHILD LABOUR

Bidding Document No.:

I / We hereby declare that:

a) We are committed to elimination of child labor in all its forms.

b) Neither we nor any of our nominated sub-contractor(s) are engaging Child Labour in

any of our work(s) in terms of the provisions of The Child Labor (Prohibition and

Regulation) Act,1986 and other applicable laws.

c) We as well as our nominated sub-contractor(s) undertake to fully comply with

provisions ofThe Child Labor (Prohibition and Regulation) Act, 1986 and other applicable

Labor laws, in case the work is awarded to us.

d) It is understood that if I / We, either before award or during execution of Contract,

commit atransgression through a violation of Article b /c above or in any other form,

such as to put my/our reliability or credibility in question, the Owner is entitled to

disqualify us from theTender process or terminate the Contract, if already executed or

exclude me / us from future contract award processes. The imposition and duration of

the exclusion will be determinedby the severity of transgression and determined by the

Owner. Such exclusion may be for a period of 1 year to 3 years as per the procedure

prescribed in the guidelines for holiday listing of the Owner.

e) I / We accept and undertake to respect and uphold the Owner's absolute right to resort to

and impose such exclusion.

Place: Signature of

BIDDER’S QUERIES

Note: Bidder’s Queries may be sent by e-mail :

[email protected]

Tender Bidder’s

No. Document No. Clause No. Page No.

Requirements Query

FORM – 11 INTEGRITY PACT

Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal", And

The Principal intends to award, under laid down organization procedures, contract/sfor

and the principles of economic use of resources, and of fairness and transparencyin its relations with

its Bidder/s, Contractor/s and Supplier/s.

In order to achieve these goals, the Principal cooperates with the renowned international Non-

Governmental Organization "Transparency International" (TI). Following TI's national and international

experience, the Principal will appoint an Independent External Monitor who willmonitor the tender process

and the execution of the contract for compliance with the principles mentioned above.

Section 1 - Commitments of the Principal

The Principal commits itself to take all measures necessary to preventcorruption and to observe the

following principles:

No employee of the Principal, personally or through family members, will in connection with the tender, or

the execution of the contract, demand,take a promise for or accept, for himself/herself or third person,

any material or immaterial benefit which he/she is not legally entitled to.

The Principal will, during the tender process, treat all Bidders with equity andreason. The Principal will, in particular,

before and during the tender process,provide to all Bidders the same information and will not provide to any Bidder

confidential / additional information through which the Bidder could obtain an advantage in relation to the tender

process or the contract execution.

The Principal will exclude from the process all known prejudicedpersons.

If the Principal obtains information on the conduct of any of its employees which is a criminal o ence under

the relevant Anti-Corruption Laws of India, orif there be a substantive suspicion in this regard, the Principal

will inform itsVigilance O ice and in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder / Contractor/Supplier

The Bidder / Contractor/Supplier commits itself to take all measures necessary to prevent corruption. He

commits himself to observe the following principlesduring his participation in the tender process and during

the contract execution.

The Bidder / Contractor/Supplier will not, directly or through any other person or firm, o er, promise or give to any of the

Principal's employees involved in the tender process or the execution of the contract or to any third person, any

material or immaterial benefit which he/she is not legally entitled to, in order toobtain in exchange, any advantage of any

kind whatsoever during the tender process or during the execution of the contract.

The Bidder / Contractor/Supplier will not enter with other Bidders into any undisclosed agreement or understanding,

whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts,

submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in

the bidding process.

The Bidder / Contractor/Supplier will not commit any o ence under the relevant Anti-Corruption Laws of India; further the

Bidder / Contractor/Supplier will not useimproperly, for purposes of competition or personal gain, or pass on to others, any

information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals

and business details, includinginformation contained or transmitted electronically.

The Bidder / Contractor/Supplier will, when presenting his bid, discloseany and all payments he has

made, is committed to, or intends to maketo agents, brokers or any other intermediaries in connection

with the award of the contract.

The Bidder/Supplier/Contractor shall make sure that the terms of this Integrity Pact are also adopted by its

sub-contractors, sub-contractorsetc, if any and submit such adoption confirmation proof to the Principal.

The Bidder / Contractor/Supplier will not instigate third persons to commito ences outlined above

or be an accessory to such o ences.

Section 3 - Disqualification from tender process and exclusion from future contracts

If the Bidder, before contract award, has committed a transgression through a violationof Section 2 or in

any other form such as to put his reliability or credibility as Bidderinto question, the Principal is entitled to

disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such

If the Bidder/Contractor/Supplier has committed a transgression through a violation of Section 2 such as to put his

reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor/Supplier from

future Contract award process.The imposition and duration of the exclusion will be determined by the severity of

the transgression. The severity will be determined by the circumstances of the case, in particular the number of

transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of

the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

A transgression is considered to have occurred if the Principal after due consideration of the available evidences,

concludes that no reasonable doubt is possible.

The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to and

impose such exclusion and further accepts and undertakesnot to challenge or question such exclusion

on any ground, including the lack ofany hearing before the decision to resort to such exclusion is taken.

This undertaking is given freely and after obtaining independent legal advice.

If the Bidder / Contractor/Supplier can prove that he has restored / recouped thedamage caused by him and

has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.

Section 4 - Compensation for Damages

If the Principal has disqualified the Bidder from the tender process prior to the award according to Section

the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest

Money Deposit/Bid Security.

If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to

terminate the contract according to Section 3, the Principalshall be entitled to demand and recover

from the Contractor/Supplier liquidateddamages equivalent to Security Deposit / Performance Bank

The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to

condition that if the Bidder / Contractor/Supplier can proveand establish that the exclusion of the Bidder

from the tender process or the termination of the contract after the contract award has caused no damage or

less damage than the amount of the liquidated damages, the Bidder / Contractor/Supplier shall

compensate the Principal only to the extent of the damage in the amount proved.

Section 5 - Previous Transgression

The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country

conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from

the tender process.

If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract,

if already awarded, can be terminated for such reason.

Section 6 - Equal treatment of all Bidders / Contractors /Suppliers/ Subcontractors

The Bidder/Contractor/Supplier undertakes to demand from all subcontractors acommitment in conformity

with this Integrity Pact, and to submit it to the Principal before contract signing.

The Principal will enter into agreements with identical conditions as this one withall Bidders,

Contractors/Suppliers and Subcontractors.

The Principal will disqualify from the tender process all Bidders who do not signthis Pact or violate its

Section 7 Punitive Action against violating Bidders / Contractors /Suppliers/Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of

an employee or a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which

constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform

the Vigilance O ice.

Section 8 - Independent External Monitors

The Principal has appointed competent and credible Independent External Monitors for this Pact. The task of the

Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations

under this agreement.

The Monitor is not subject to instructions by the representatives of the parties and performs his functions

neutrally and independently. He reports to the Chairperson of the Board of the Principal.

The Bidder/Contractor/Supplier accepts that the Monitor has the right to access without restriction to all Project

documentation of the Principal including that provided by the Bidder/Contractor/Supplier. The

Bidder/Contractor/Supplier will also grant the Monitor, upon his request and demonstration of a valid interest,

unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The

Monitor is under contractual obligation to treat the information and documents of the

Bidder/Contractor/Supplier/Subcontractor with confidentially.

The Principal will provide to the Monitor su icient information about all meetings amongthe parties related to the

Project provided such meetings could have an impact on the contractual relations between the Principal and the

Bidder/Contractor/Supplier. The parties o er to the Monitor the option to participate in such meetings.

As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the

Management of the Principal and request the Management to discontinue or heal the violation, or to take

other relevant action. The Monitor canin this regard submit non-binding recommendation. Beyond this,

the Monitor hasno right to demand from the parties that they act in a specific manner, refrain from action or

tolerate action. However, the Independent External Monitor shall give an opportunity to the

Bidder/Contractor/Supplier to present its case before makingits recommendations to the Principal.

The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the

date of reference or intimation to him by the 'Principal' and,should the occasion arise, submit proposals for correcting

problematic situations.

If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an o ence

under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time,

taken visible action to proceed against such o ence or reported it to the Vigilance O ice, the Monitor

may alsotransmit this information directly to the Central Vigilance Commissioner, Government of

The word 'Monitor' would include both singular and plural.

Section 9 - Pact Duration

This Pact begins when both parties have legally signed it. It expires for the

Contractor/Supplier 12 months after the last payment under the respective contract,and for all

other Bidders 6 months after the contract has been awarded.

If any claim is made / lodged during this time, the same shall be binding and continue to be

valid despite the lapse of this pact as specified above, unless it is discharged / determined

by Chairperson of the Principal.

Section 10 - Other provisions

This agreement is subject to Indian Law. Place of performance and jurisdiction is the

Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main

tender document / contract shall not be applicable for any issue / dispute arising under

Integrity Pact.

Changes and supplements as well as termination notices need to be made in writing. Side

agreements have not been made.

If the Bidder/Contractor/Supplier is a partnership or a consortium, this agreement must be

signed by all partners or consortium members.

Should one or several provisions of this agreement turn out to be invalid, the remainder of

this agreement remains valid. In this case, the parties will strive to come to an agreement to

their original intentions.

If any Bidder/Contractor/Supplier entering into Integrity Pact, aggrieved by any

decision/action of the Principal, shall approach the IEMs and await their decision before

pursuing any other remedy available to him in law.

For the Principal for the Bidder/Contractor/Supplier

(Signature/Name/Address)

(Signature/Name/Address) Witness 2………….