ENGINE TOP OVERHAUL 1200 SCMH KPCL MAKE, ENGINE OEM CUMMINS

BHARAT PETROLEUM CORPORATION LTD (BPCL)

E-TENDER FOR ENGINE TOP OVERHAUL OF KPCL MAKE

SCMH CUMMINS MAKE COMPRESSOR

Scope of work for Top of Overhaul of 1200 SCMH Engine Driven Compressor of KPCL Make

1) Deployment of Unskilled, skilled and highly skilled manpower required for complete overhaul of

2) All kind of expenses like boarding, Lodging and transportation of manpower and spared will be in

the scope of bidder.

3) All Kind of tools, welding material and equipment’s are in the scope of bidder.

4) Bidder to ensure performance parameters of compressor as per original tender under which

compressor is procured.

5) Assembly/Disassembly of compressor required for Overhaul will be done in presence of bidders

representative and all kind of tools require for overhaul is in vendor’s scope.

6) Bidder to ensure fire extinguisher and all safety equipment including PPEs during Overhauling.

7) Bidder to ensure availability of Spare as per Annexure-A. Tender cost must be inclusive of all the

spare as per Annexure-A

8) Bidder to quote price of every spare item and upload as PDF with sign and stamp.

9) Tender cost will be reduced as per price quoted by bidder for individual spare if particular spare is

not used in Overhaul.

10) Bidder must complete the job within 10 days of award of LOI

11) Vendor to provide PBG of 10% contract value or 10 % retention will be hold for 1 year.

12) Disposal of Replaced parts is in the scope of bidder.

 Beyond (-) 25% of TCV: Cost compensation @ 10% of reduction in the contract value from (-) 25% of TCV (i.e. 75%

Discount to be obtained for Increase in contract value due to change in quantity:

 Upto & inclusive of (+) 50% of TCV: No discount.

Beyond (+) 50% of TCV: Reduction @ 10% of increase in the contract value beyond (+) 50% of TCV.

64 ACTION WHERE NO SPECIFICATIONS ISSUED:

In case of any class of work for which there is no such specification given by the Owner in the tender documents,

such work shall be carried out in accordance with Indian Standard Specifications and if the Indian Standard

Specifications do not cover the same the work should be carried out as per standard Engineering Practice subject to

the approval of the Engineer-in-Charge.

65 ABNORMAL RATES:

The contractor is expected to quote rate for each item after analysis of cost involved for the completion of item/work,

considering all specifications and conditions of contract. This will avoid loss of profit or gain, in case of curtailment or

change of specification for any item. In case it is noticed that the rates for any item, quoted by the tenderer are

unusually high or unusually low, it will be sufficient cause for the rejection of the tender unless the Owner is convinced

about the reasonableness of the rates on scrutiny of the analysis for such rate to be furnished by the tenderer on

66 INSPECTION OF WORK:

66.1 The Engineer-in-Charge will have full power and authority to inspect the works at any time wherever in progress

either on the Site or at the contractor’s premises / workshop where situated premises /workshops of any person,

firm or corporation where work in connect with the contract may be in hand or where materials are being or are to

be supplied, and the contractor shall afford or procure for the Engineer-in-Charge every facility and assistance to

carry out such Inspection. The contractor shall at all time during the usual working hours and at all other time for

which reasonable notice of the intention of the Engineer in-Charge or his representative to visit the works have been

given to the contractor, either himself be present to receive order and instructions or post a responsible agent duly

accredited in writing for the purpose. Orders given to the contractor’s agent shall be considered to have the same

force as if they had been given to the contractor himself. The contractor shall give not less than seven days, notice

in writing to the Engineer-in-Charge before covering up or placing any work beyond reach of inspection and

measurement any work in order that the same may be inspected and measured. In the event of breach of above the

same shall be uncovered at contractor’s expense carrying out such measurement or inspection.

66.2 No materials shall be dispatched by the contractor before obtaining the approval of Engineer-in-Charge in writing.

The contractor is to provide at all times during the progress of the work and the maintenance period, proper means

of access with ladders, gangways, etc. and the necessary attendance to move and adopt as directed for inspection

or measurement of the works by the Engine in-Charge.

67 ASSISTANCE TO THE ENGINEERS:

The contractor shall make available to the Engineer-in-Charge, free of cost necessary instruments and assistance in

checking of setting out of works and taking measurement of work.

68 TESTS FOR QUALITY OF WORKS:

68.1 All workmanship shall be of the respective kinds described in the contract documents and in accordance with the

instructions of the Engineer-in-Charge and shall be subjected from time to time to such test at contractor’s cost as

the Engineer-in-Charge may direct at place of manufacture or fabrication or on the site or at all or any such places.

The contractor shall provide assistance, instruments, labour and materials as are normally required for examining,

measuring and testing any workmanship as may be selected and required the Engineer-in-Charge.

68.2 All the tests necessary in connection with the execution of the work as decided by Engineer-in-Charge shall be carried

out at the field testing laboratory of the Owner by paying the charges as decided by the Owner from time to time.

In case of non-availability of test facility with the Owner, the required test shall be carried out at the cost of contractor

at government or any other testing laboratory as directed by Engineer-in-Charge.

68.3 If any tests are required to be carried out in connection with the work or materials workmanship not supplied by the

contractor, such tests shall be carried out by the contractor as per the instructions of Engineer-in-Charge and cost

of such tests shall be reimbursed by the Owner.

The contractor shall furnish to the Engineer-in-Charge for approval when requested or if required by the specifications,

adequate samples of all materials and finishes to be used in the work. Such samples shall be submitted before the

work is commenced and in ample time to permit tests and examinations thereof. All materials furnished and finishing

applied in actual work shall be fully identical to the approval samples.

70 ACTION AND COMPENSATION IN CASE OF BAD WORK:

If it shall appear to the Engineer-in-Charge that any work has been executed with unsound, imperfect or unskilled

workmanship or with materials of any inferior description, or that any materials or articles provided by the contractor

for the execution of the work are unsound or of a quality inferior to that contracted for, or otherwise not in accordance

with the contract, the contractor shall on demand in writing from the Engineer-in-Charge or his authorised

representative, specifying the work, materials or articles complained of, notwithstanding that the same have been

inadvertently passed, certified and paid for forthwith shall rectify or remove and reconstruct the works specified and

provide other proper and suitable materials or articles at his own charge and cost, and in the event of failure to do

so within a period to be specified by the Engineer-in-Charge in his demand aforesaid, the contractor shall be liable to

pay compensation at the rate of one percentage of the estimated cost of the whole work, for every week limited to a

maximum of 10 per cent of the estimated cost of the whole work, while his failure to do so shall continue and in the

case of any such failure the Engineer-in-Charge may on expiry of notice period rectify or remove and re-execute the

work or remove and replace with others, the materials or articles complained of as the case may be at the risk and

expenses of the contractors in all respects. The decision of the Engineer-in-Charge as to any question arising under

this clause shall be final and conclusive.

71 SUSPENSION OF WORKS:

The contractor shall, if ordered in writing by the Engineer-in-Charge or his representative, temporarily suspend the

works or any part thereof for such period and such time as so ordered and shall not, after receiving such written

order, proceed with the work therein ordered to be suspended, until he shall have received a written order to proceed

therewith. The contractor shall not be entitled to claim/ compensation for any loss or damage sustained by him by

reason of temporary suspension of the works aforesaid. An extension of time for completion, corresponding with the

delay caused by any such suspension of the works as aforesaid will be granted to the contractor, should he apply for

the same, provided that suspension was not consequent to any default or failure on the part of the contractor.

72 OWNER MAY DO PART OF WORK:

Upon failure of the contractor to comply with any instructions given in accordance with the provisions of the contract,

the owner has the alternative right, instead of assuming charge for entire work to place additional labour force, tools,

equipments and materials on such parts of the work, as the owner may designate or also engage another contractor

to carry out the work. In such cases, the owner shall deduct from the amount which otherwise might become due to

the contractor, the cost of such work and materials with ten percent added to cover all departmental charges and

should the total amount thereof exceed the amount due to the contractor, the contractor shall pay the difference to

73 POSSESSION PRIOR TO COMPLETION:

The Engineer-in-Charge shall have the right to take possession of or use any completed or partially completed work

or part of the work. Such possessions or use shall not be deemed to be an acceptance of any work completed in

accordance with the contract agreement. If such prior possession or use by the Engineer-in-Charge delays the

progress of work, suitable adjustment in the time of completion will made and contract agreement shall be deemed

to be modified accordingly.

74 PERIOD OF LIABILITY FROM THE DATE OF COMPLETION OF WORK:

74.1 The contractor shall guarantee the installation/site work for a period of 12 (twelve) Months from the date of

completion of work, unless otherwise specified. Any damage that may lie undiscovered at the time of issue of

completion certificate, connected in any way with the equipment or materials supplied by him or in the workmanship

shall be rectified or replaced by the contractor at his own expense as deemed necessary by the Engineer-in-Charge

or in default, the Engineer-in-Charge may cause the same made good by other workmen and deduct expenses (for

which the certificate of Engineer-in-Charge shall be final) from any sums that may be then or at any time thereafter,

become due to the contractor or from his security deposit. In case the defect arises within the abovementioned

Defect Liability Period (DLP) and the same is repaired/replaced, the DLP for the repaired/replaced job/item will be

extended suitably so as to cover the original DLP. However, in no case, such extension will exceed 24 months from

date of start of initial DLP.

74.2 If the contractor feels that any variation in work or in quality of materials or proportions would be beneficial or

necessary to fulfill the guarantee called for, he shall bring this to the notice of the Engineer-in-Charge in writing. The

work will not be considered as complete and taken over by the Owner until all the temporary works etc., constructed

by the contractor is removed and work site cleaned to the satisfaction of Engineer-in-Charge.

74.3 Care of Works:

From the commencement to completion of works, the contractor shall take full responsibility for the care of all works

including all temporary works, and in case any damage, loss or injury happens to the works or to any part thereof or

to any temporary work, from any cause whatsoever, he shall at own cost repair and make good the same, so that at

completion, the work shall be in good order and in conformity in every respect with the requirements of the contract

and the Engineer-in-Charge’s instructions.

74.4 Effects prior to taking over:

If at any time, before the work is taken over, the Engineer-in-Charge shall

a) Decide that any work done or materials used by the contractor or any sub-contractor is defective or not in

accordance with the contract or that the works or any portion thereof are defective or do not fulfill the requirements

of contract (all such matters being herein after called ‘Defects’ in this clause) and

b) As soon as reasonably practicable, notice given to the contractor in writing of the said decisions specifying

particulars of the defects alleged to exist or to have occurred, then the contractor shall at his own expenses and

with all speed make good the defects so specified.

In the case contractor shall fail to do so, the Owner may take, at the cost of the contractor, such steps as may in all

circumstances, be reasonable to make good such defects. The expenditure, so incurred by the Owner shall be

recovered from the amount due to the contractor. The decision of the Engineer-in-Charge with regard to the amount

be recovered from the contractor will be final and binding on the contractor. As soon as the works have been

completed in accordance with the contract (except in minor respects that do not affect their use for the purpose for

which they are intended and except for maintenance thereof provided in clause 74.1) and have passed the tests on

completion, the Engineer-in-Charge shall issue a certificate (hereinafter called completion certificate) in which he shall

certify the date on which the work have been so completed and have passed the said tests and the Owner shall be

deemed to have taken over the works on the date so certified. If the works have been divided into various groups in

the contract, the Owner shall be entitled to take over any group or groups before the other or others and thereupon

the Engineer-in-Charge shall issue a completion certificate which will however, be for such group or groups as taken

74.5 Defects after taking over:

In order that the contractor could obtain a completion certificate, he shall make good with all possible speed, any

defect arising from the defective materials supplied by the Contractor or workmanship or any act of omission of the

contract that may have been noticed or developed after the works or group of the works has been taken over. The

period allowed for carrying out such work will be normally one month. If any defect be not remedied within a

reasonable time, the Owner may proceed to do the work at the contractor’s risk and expense and deduct from the

final bill such amount as may be decided by the Owner. If by reason of any default on the part of the contractor a

completion certificate has not been issued in respect of every portion of the work within one month after the date

fixed by the contract for the completion of the works, the Owner shall be at his liberty to use the works or any portion

thereof in respect of which a completion certificate has been issued provided that the works or the portion thereof so

used as aforesaid shall be afforded reasonable opportunity for completing these works for the issue of completion

74.6 The Security Deposit/retention money deducted / furnished as per clause 18 of GCC shall be retained for the period

of liability as given in clause 74.1 above. This Retention amount or Bank Guarantee furnished against Security

Deposit/retention money shall be released only on expiry of the period of liability and also based on the certification

of the Engineer-in-charge that no defect/damage has been reported / observed during the stipulated period of liability

for the contract.

74.7 Performance of contractor shall be evaluated on each job by Engineer-in-Charge and recorded. Review of

performance will be carried out at appropriate intervals by BPCL.

BILLS / MEASUREMENT / PAYMENT

75 SCHEDULE OF RATES AND PAYMENTS:

i) Contractor’s Remuneration

The price to be paid by the Owner to contractor for the whole of the work to be done and the performance of all the

obligations undertaken by the contractor under the contract documents shall be ascertained by the application of the

respective item rates (the inclusive nature of which is more particularly defined by way of application but not of

limitation, with the succeeding sub-clause of this clause) and payment to be made accordingly for the work actually

executed and approved by the Engineer-in-Charge. The sum so ascertained shall (excepting only as and to the extent

expressly provided herein) constitute the sole and inclusive remuneration of the contractor under the contract and no

further payment whatsoever shall be or become due or payable to the contractor under the contract. ii) Schedule of

rates to be inclusive:

The prices/rates quoted by the contractor shall remain firm till the issue of final completion certificate and shall not

be subject to escalation. Schedule of rates shall be deemed to include and cover all costs, expense and liabilities of

every description and all risk of every kind to be taken in executing, completing and handing over the work to the

Owner by the Contractor. The Contractor shall be deemed to have known the nature, scope, magnitude and the

extent of the works and materials required, though the contract document may not fully and precisely furnish them.

He shall make such provision in the item rates as he may consider necessary to cover the cost of such items of work

and materials as may be reasonable and necessary to complete the works. The opinion of the Engineer-in- Charge as

to the items of work which are necessary and reasonable for completion of work shall be final and binding on the

contractor, although the same may not be shown on or described specially in contract documents.

Generality of this present provision shall not be deemed to cut down or limit in any way because in certain cases it

may and in other cases it may not be expressly stated that the contractor shall do or perform a work or supply articles

or perform services at his own cost or without addition of payment or without extra charges or words to the same

effect or that it may be stated or not stated that the same are included in and covered by the schedule of rates. iii)

Schedule of Rates to Cover Constructional Equipments, Materials, Labour etc.

Without in any way limiting the provisions of the preceding sub-clause the schedule of rates shall be deemed to

include and cover the cost of all constructional equipment, temporary work (except as provided for herein), pumps,

materials, labour, the insurance, fuel, stores and appliances to be supplied by the contractor and other matters in

connection with each item in the schedule of rates and the execution of the works or any portion thereof, finished,

complete in every respect and maintained as shown or described in the contract documents or may be ordered in

writing during the continuance of this contract. iv) Schedule of Rates to cover Royalties, Rents and Claims:

The Schedule of Rates shall be deemed to include and cover the cost of all royalties and fees for the articles and

processes, protected by letters, or otherwise incorporated in or used in connection with the works, also all royalties,

rents and other payments in connection with obtaining materials of whatsoever kind for the works and shall include

an indemnity to the Owner which the contractor hereby gives against all actions, proceedings, claims damages, costs

and expenses arising from the incorporation in or use on the works of a such articles, processes or materials, Octroi

or other municipal or local Board charges levied on materials, equipment or machineries to be brought to site for use

on work shall be borne by the contractor.

v) Schedule of Rates to Cover Taxes and Duties:

No claim or exemption or reduction of customs duties, GST, quarry or any port dues, transport charges, stamp duties

or Central or States Government or Local Body or Municipal Taxes or duties, taxes or charges (from or of any other

body), whatsoever, will be granted or obtained, all of which expenses shall be deemed to be included in and covered

by the Schedule of Rates. Contractor shall also obtain and pay for all permits, or other privileges necessary to complete

work. vi) Schedule of Rates to cover Risk of Delay:

The schedule of Rates shall be deemed to include and cover the risk of all possibilities of delay and interference with

the contractors conduct of work which occur from any cause including orders of owner in the exercises of his powers

and on account of extension of time granted due to various reasons and for all other possible or probable cause of

vii) Schedule of Rates cannot be altered:

For work under unit rate basis, no alteration will be allowed in the schedule of Rates by reason of work or any part

of them being modified, altered, extended, diminished or omitted. The schedule of Rates are fully Inclusive rates

which have been fixed by the contractor and agreed to the Owner and cannot be altered.

For lumpsum contract, the payment will be made according to the work actually carried out for which purpose an

item wise or workwise, Schedule of rates shall be furnished, suitable for evaluating the value of work done and

preparing running account bills.

76 PROCEDURE FOR MEASUREMENT / BILLING OF WORK IN PROGRESS: i) Measurements:

All measurements shall be in metric system. All the works in progress will be jointly measured by the representative

of the Engineer-in-Charge and the Contractor’s authorise agent progressively. Such measurement will be got recorded

in the measurement book by the Engineer-in-Charge or his authorised representative and signed in token of accepted

by the contractor or his authorised representative.

For the purpose of taking joint measurement the contractor’s representative shall be bound to be present whenever

required by the Engineer-in-Charge. If, however, he absents for any reason whatsoever the measurement will be

taken by the Engineer-in-Charge or his representative and this will be deemed to be correct and binding on the

The contractor will submit a bill to the Engineer-in-Charge of the work giving abstract and detailed measurements for

the various items executed during a month, before the expiry of the 1st week of the succeeding month. The Engineer-

in-Charge shall take or cause to be taken the requisite measurements for the purpose of having the same verified

and the claim, as far as admissible, adjusted, if possible, before the expiry of 10 days from presentation of the bill.

iii) Dispute in Mode of Measurements:

In case of any dispute as to the mode of measurement not covered by the contract to be adopted for any item of

work, mode of measurement as per latest Indian Standard Specifications shall be followed.

77 LUMPSUMS IN TENDER:

For the items in tender where it includes lumpsum in respect of parts of work, the contractor shall be entitled to

payment in respect of the items at the same rates as are payable under this contract for such items, or if part of the

work in question is not In the opinion of the Engineer-in-Charge capable of measurement of determination, the owner

may at his discretion pay the lumpsum amount entered In the tender or a percentage thereof and the certificate In

writing of the Engineer-in-Charge shall be final and conclusive against the contractor with regards to any sum or sums

payable to him under the provisions of the clause.

78 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS ADVANCES:

All running account payments shall be regarded as payment by way of advance against the final payment only and

not as payments for work actually done and completed and shall not preclude the requiring of bad, unsound and

imperfect, or unskilled work to be removed and taken away and reconstructed or re-erected or be considered as an

admission of the due performance of the contract, or any part thereof in this respect, or of the accruing of any claim

by the contractor, nor shall it conclude, determine or affect in any way the powers of the Owner under these conditions

or any of them as to the final settlement and the adjustments of the accounts or otherwise, or in any other way vary

or affect the contract.

The final bill shall be submitted by the contractor within one month of the date of physical completion of the work,

and settled immediately but not later than 60 days otherwise the Engineer-in charge’s certificate of the measurement

and of total amount payable for the work accordingly shall be final and binding on all parties. The final bill shall be

presented by the contractor along with ‘No claim certificate’ in a format acceptable to the owner or such other

documents as directed by the owner.

Should the contractor consider that he is entitled to any extra payment for extra job carried out whatsoever in respect

of the works, he shall forthwith give notice in writing to the Engineer-in-Charge that he claims extra payment for the

extra work. Such notice shall be given to the Engineer-in-Charge within one week from the ordering of any extra work

or happening of any event, upon which the contractor bases such claims, and such notice shall contain full particulars

of the nature of such claim with full details and amount claimed. Failure on part of the contractor to put forward any

claim with the necessary particulars as above within the time above specified shall be an absolute waiver thereof. No

omission by the owner to reject any such claim and no delay in dealing therewith shall be waiver by the owner of any

rights in respect thereof.

80 PAYMENT OF CONTRACTOR’S BILL:

Generally no payment shall be made for works estimated to cost less than Rs. 50,000/- till the whole of the work shall

have been completed. But in case of works estimate to cost more than Rs. 50,000/- the contractor on submitting the

bill thereof be entitled to receive a monthly payment proportion to the part thereof approved and passed by the

Engineer-in-Charge, whose certificate of such approval and passing of the sum so payable shall be final and conclusive

against the contractor. This payment will be made after making necessary deductions as stipulated elsewhere in the

contract document for materials, security deposit or any moneys due to the Owner etc.

75% payment of the Running Account bill (RA bill) shall be released within 15 calendar days of receipt of RA bill duly

certified by Engineer-in-charge (EIC) and the balance payment shall be released within 30 days of receipt of RA bill

by EIC after detailed scrutiny.

81 CONCLUSION OF CONTRACT:

In a situation where the L1 bidder is not lowest for some specific line items and the L1/L2 parity is likely to be affected

during the execution of the contract, due to variation in quantities of individual line items in contract based on site

conditions, then the final payment could be restricted to ensure that the overall total payment of the executed work

does not exceed the overall amount that would have been payable to the then L1 as per the latter’s quoted rates.

82 MODE OF PAYMENT:

Payment will be made to the contractor normally through NEFT mode.

83 COMPLETION CERTIFICATE:

83.1 Application for Completion Certificate:

When the contractor fulfills his obligation under clause 74.4, he shall be eligible to apply for completion certificate.

The contractor may apply for separate completion certificate respect of each such portion of the work by submitting

the completion documents along with such application for completion certificate.

The Engineer-in-Charge shall normally issue to the contractor the completion certificate within one month after

receiving an application therefore from the contractor after verifying from the completion documents and satisfying

himself that the work has been completed in accordance with and as set out in the construction and erection drawings

and the contract documents.

The contractor, after obtaining the completion certificate is eligible to present the final bill for the work executed by

him under the terms of contract.

83.2 Completion Certificate:

The contractor shall be furnished with a certificate by the Engineer-in-Charge of such completion, but no certificate

shall be given nor shall the work be deemed to have been executed until all scaffolding surplus materials and rubbish

is cleared off the site completely or until the work shall have been measured by the Engineer-in-Charge whose

measurement shall be binding and conclusive. The work will not be considered complete and taken over by the Owner,

until all the temporary works, labour and staff colonies etc. constructed are removed and the work site cleaned of all

debris etc., as described in clause in 83.3 below and to the satisfaction of the Engineer-in-Charge.

If the contractor shall fail to comply with the requirements of this clause on or before the date fixed for the completion

of the work, the Engineer-in-Charge may at the expenses of the contractor remove such scaffolding, surplus materials

and rubbish and dispose off the same as he thinks fit and clean off such dirt as aforesaid, and the contractor shall

forthwith pay the amount of all expenses so incurred and shall have no claim in respect of any such scaffolding or

surplus materials as aforesaid except for any sum actually realised by the sale thereof.

83.3 Clearing the site:

Cart away all debris generated from the work and dispose it off without giving rise to any complaints from local,

municipal or government authorities. Metal scraps or any other scrap including wooden packing materials shall be

disposed as instructed by the Engineer-in-Charge or as follows:

a) All unused scrap steel bar/ structural steel sections/pipe materials etc., (Free issue by owner) shall be the

property of the owner and the same shall be returned by the contractor category-wise at their own cost to

Owner’s store. The weighment slip issued by the Warehouse (in original) is required to be attached along

with the final bill/ material reconciliation statement. In case, the material is supplied by the contractor, as

per their scope of work, the scrap material generated out of the same should be taken out at their own

cost before the settlement of the final bill.

b) Insulation material (either issued by owner to the contractor or supplied by contractor) shall be kept in the

area allocated by owner. During the insulation activities, the contractor should keep the work area clean

on day-to-day basis. On completion of insulation job, all debris/packing should be taken out to the

designated location or as directed by the Engineer in charge for disposal at their own cost before the

settlement of the final bill.

83.4 The financial implication of above, if any, should be taken care of in the quoted rates; and no separate claim shall be

entertained on this account. The final bill of the contractor shall be linked with the area cleaning in all respects,

including removal of shuttering material, disposal of debris/scrap etc. to the entire satisfaction of Engineer-in- Charge.

84 FINAL DECISION AND FINAL CERTIFICATE:

Upon Expiry of the period of liability and subject to the Engineer-in-Charge being satisfied that the works have been

duly maintained by the contractor during monsoon or such period as herein before provided in clause 74 and that the

contractor has in all respect duly made up any subsidence and performed all his obligations under the contract, the

Engineer-in-Charge shall (without prejudice to the rights of the Owner to retain the provisions of relevant clause

hereof) give a certificate herein referred to as the final certificate to that effect. The contractor shall not be considered

to have fulfilled the whole of his obligations under the contract until Final Certificate have been given by the Engineer-

in-Charge notwithstanding any previous entry upon the work and taking possession, working or using of the same or

any part thereof by the owner.

85 CERTIFICATE FOR PAYMENTS AND EVIDENCE OF COMPLETION:

Except the final certificate, no other certificate or payments against a certificate or on general account shall be taken

to be an admission by the Owner of the due performance of the contract or any part thereof or occupancy or validity

of any claim by the contractor.

TAXES/DUTIES/INSURANCE

86 TAXES AND DUTIES :

The contractor agrees to and does hereby accept full and exclusive liability for the payment of any and all taxes,

duties, etc. now in force or hereafter Imposed, increased or modified, from time to time in respect of work and

materials and all contributions and taxes for unemployment compensation, insurance and old age pensions or

annuities now or hereafter imposed by any Central or State Government authorities which are imposed with respect

to or covered by the wages, salaries, or other compensations paid to the persons employed by the contractor and the

contractor shall be responsible for the compliance with all obligations and restrictions imposed by the Labour Law or

any other law affecting employer - employee relationship and the contractor further agrees to comply and secure the

compliance by all sub-contractors, with all applicable Central, State, Municipal and local laws and regulations and

requirements of any Central, State or Local Government agency or authority. Contractor further agrees to defend,

indemnify and hold harmless from any liability or penalty which may be Imposed by the Central, State of Local

Authority by reason of any violation by contractor or sub-contractor of such laws, regulations or requirements and

also from all claims, suits or proceeding that may be brought against the Owner arising under, growing out of, or by

reason of the work provided for by this contract by third parties, or by Central or State Government authority or any

administrative sub-division thereof.

The vendor shall take steps viz. mention relevant GSTIN of BPCL in GST invoices and returns, uploading invoice in GSTR

1, payment of the tax liability on the said invoices and filing of Returns etc. and comply with all the requirements of

applicable laws including GST laws for the time being in force to enable the OWNER to avail tax credit/s including input

tax credit. Any loss or non-availability of input tax credit by the OWNER due to non-compliance of applicable tax law

including but not limited to GST laws in force or otherwise, on the part of VENDOR, an amount equivalent to any tax

liability accruing to the OWNER and/or to the extent of any loss accrued to the OWNER due to the non-availability of

input tax credit or any liability accrued to the OWNER shall either stand cancelled or deducted from the payment due

to the VENDOR or shall be reimbursed by the VENDOR as the case may be till such default is either rectified or made

good by the VENDOR and the OWNER is satisfied that it is in a position to claim valid input tax credit within the timelines

as per applicable laws. Any cost, liability, dues, penalty, fees, interest as the case may be which accrues to the OWNER

at any point of time on account of non-compliance of applicable tax laws or rules or regulations thereof or otherwise

due to default on the part of VENDOR shall be borne by the VENDOR. An amount equivalent to such cost, liability, dues,

penalty, fees, and interest as the case may be shall be reimbursed by the VENDOR within 30 days. Any GST as may be

applicable on such recovery of amount shall also be borne by VENDOR and same shall be collected by the OWNER.”

Contractor shall at his own expenses carry and maintain insurance with reputable insurance companies to the

satisfaction of the Owner as follows:

i) Employees State Insurance Act:

The Contractor agrees to and does hereby accept full and exclusive liability for the compliance with all

obligations imposed by the Employees State Insurance Act, 1948, and the contractor further agrees to

defend, indemnify and hold Owner harmless from any liability or penalty which may be imposed by the

Central, State or Local Authority by reason of any asserted violation by contractor or sub-contractor, of the

Employee State Act, 1948 and also from all claims suits or proceedings that may be brought against the

Owner arising under, growing out of or by reason of the work provided for by this contract whether brought

by employees of the contractor, by third parties or by Central or State Government authority or any political

sub-division thereof.

The contractor agrees to filing, with the Employees State Insurance Corporation, the Declaration Forms

and all forms which may be required in respect of the contractor’s or sub-contractor’s employees whose

aggregate remuneration as fixed by the concerned authorities and who are employed in the work provided

for or those covered by ESI Act under any amendment to the Act from time to time. The contractor shall

deduct and secure the agreement of the sub-contractor to deduct the employee’s contribution as per the

first schedule of the Employee State Insurance Act from wages and affix the Employee’s contribution Cards

at Wages payment intervals. The contractor shall remit and secure the agreement of the sub-contractor to

remit to the authorized bank, Employee’s State Insurance Corporation Account, the Employee’s contribution

as required by the Act. The contractor agrees to maintain all Cards and records as required under the Act

in respect of employees and the payments and the contractor shall secure the agreement of the

subcontractor to maintain such records. Any expenses incurred for the contribution, making contribution or

maintaining records shall be to the contractor’s or sub-contractor’s account.

The Owner shall retain such sum as may necessary, from the total contract value until contractor shall

furnish satisfactory proof that all contributions as required by the Employees State Insurance Act, 1948, have been

paid. ii) Workman’s Compensation and Employee’s Liability Insurance:

Insurance shall be effected for all the Contractor’s employees engaged in the performs of this contract, if

any of the work is sublet, the contractor shall require the sub-contractor to provide workman’s

compensation and employer’s liability Insurance for the latter’s employees if such employees are not

covered under the contractors insurance.

iii) Any other Insurance Required Under Law or Regulations or by Owner:

Owner shall cover Project Material and Equipments under and over all Marine-cum-Erection Insurance Policy.

Contractor shall carry and maintain any and all other insurance which be required under any law or regulation from

time to time. He shall also carry and main any other insurance which may be required by the Owner. iv) Automobile

Liability Insurance:

Contractor shall take out an Automobile Liability Insurance to cover all risks to Owner for each of his vehicles

plying on works of this contract and these insurance shall be valid for the total contract period. No extra

payments will be made for this insurance. Owner shall not be liable for any damage or loss not made good

by the insurance company, should such damage or toss result from unauthorised use of the vehicle.

88 DAMAGE TO PROPERTY:

i) Contractor shall be responsible for making good, to the satisfaction of the Owner any loss of and any

damage to all structures and properties belonging to the Owner or being executed or procured or being

procured by the Owner or of other agencies within the premise all the work of the Owner, if such loss or

damage is due to fault and/or the negligence willful acts or omission of contractor, his employees, agents,

representative or \ sub-contractor. ii) The contractor shall indemnify and keep the Owner harmless of all

claims for damage to property other than Owner’s property arising under or by reason of this agreement if

such claims results from the fault and/or negligence or willful acts or omission of contractor, his employees,

agents, representatives or sub- contractors.

LABOUR LAWS AND OTHER REGULATIONS

89 LABOUR LAWS:

i) No labour below the age of eighteen years shall be employed on the work.

ii) The contractor shall not pay less than what is provided under the Minimum Wages Act for the applicable

trade or category of workman to the worker engaged by him on the work and also ensure that any sub-

contractors engaged by him also pay not below the applicable minimum wages under the Act and hold the

company, indemnified in respect of any claims that may arise in respect or non-compliance with this

iii) The contractor shall observe all the formalities required under the provisions of the contract labour

(Regulation and abolition) Act 1970 and the rules made thereunder and as may be amended from time to

time. He shall pay the required deposit under the Act Appropriate to the number of workmen to be

employed by him or through sub-contractor and get him self registered under the Act. He shall produce

the certificate of registration granted by the Govt. authority under the Act to the company before

commencement of work. The company recognises only the contractor and not his sub-contractors under

the provisions of the Act. The contractor will have to submit daily a list of his employees, who will be

entering the Company’s premises for the work awarded. He will also keep his wage register available at all

times as close to the work site as possible and produce the same for inspection whenever required by

designated Company officials. If the company so desires, a deposit may be taken from the Contractor to

be refunded only after the Company is satisfied that all the workmen employed by the contractor have

been fully paid for the period of work in Company’s premises at least at rates equal to or better than wages

provided for under the Minimum Wages Act.

iv) The Contractor will comply with the provisions of the employee’s Provident Fund Act and the Family Pension

Fund Act as may be applicable and as amended from time to time. Contractor shall obtain their own

provident fund account number. Offer of the contractor who does not have provident fund account will be

liable for rejection.

v) The Contractor will comply with the provisions of the Payment of Gratuity Act 1972 as may be applicable

and as amended from time to time.

90 IMPLEMENTATION OF APPRENTICES ACT 1961:

The Contractor shall comply with provisions of the Apprentices Act 1961 and the Rules/orders issued thereunder from

time to time. If he fails to do so, his failure will be breach of the contract and the Engineer-in-Charge may, at his

discretion, cancel the contract. The contractor shall also be liable for any pecuniary liability arising on account of any

violation by him of the provision of the act.

91 CONTRACTOR TO INDEMNIFY THE OWNER:

i) The contractor shall indemnity the owner and every member, officer and employee of the Owner, also the

Engineer-in-Charge and his staff against all actions, proceedings, claims, demands, costs, and expenses

whatsoever arising out of or in connection with the matters referred to in clause 86 and all actions/

proceedings, claims, demands, costs and expenses which may be made against the Owner for or in respect

of or arising out of any failure by the contractor in the performance of his obligations under the contract

documents. The Owner shall not be liable for or in respect of any demand or compensation payable by law

in respect of or in consequence of any accident or injury to any workmen or other person in the employment

of the contractor or his sub-contractor and contractor shall indemnify and keep indemnified the Owner

against all such damages and compensations and against all claims, damage, proceedings, costs, charges

and expenses whatsoever, thereof or in relation thereto.

ii) Payment of Claims and Damages:

Should the Owner have to pay any money in respect of such claims or demands as aforesaid the amount

so paid and the costs incurred by the Owner shall be charged to and paid the Contractor and the contractor

shall not be at liberty to dispute or question the rig of the Owner to make such payments notwithstanding

the same may have been made without his consent or authority or in law or otherwise to the country.

In every case to which by virtue of the provisions of Section 12, sub-section (I) of workmen’s compensation

Act 1923 or other applicable provisions of workmen’s Compensation Act any other Act, the Owner is obliged

to pay compensation to a workmen employed by contractor in execution of the works, the Owner will

recover from the contractor the amount of compensation so paid and without prejudice to the rights of

Owner under Section 12 sub-section (2) of the said Act. Owner shall be at liberty to recover such amount

or any part thereof by deducting it from the security deposit or from any sum due to the contractor whether

under the contract or otherwise. The Owner shall not be bound to contest any clime made under Section

12, sub-section (I) of the said Act except on the written request of contractor and upon his giving to the

Owner full security for all costs for which the Owner might become liable on consequence of contesting

iii) Employment Liability:

a) The contractor shall be solely and exclusively responsible for engaging or employing persons for

the execution of work. All employees engaged by the contractor shall be on his/ their payroll and

paid by him/ them. All disputes or differences between the contractor and his/ their employees

shall be settled by him/ them. Owner has absolutely no liability whatsoever concerning the

employees of the contractor. The contractor shall indemnify owner against all loss or damage or

liability arising out of or in the course of his/ their employees. The contractor shall make regular

and full payment of wages without giving any complaint by any employee of the contractor or

his sub-contractor regarding non-payment of wages/ salaries or other dues. Owner reserves the

right to make such payments directly, to such employee or sub-contractor of the contractor and

recover the amount in full from the bills of Contractor, and the contractor shall not claim any

compensation or reimbursement thereof. The Contractor shall comply with the Minimum Wages

Act applicable to the area with regard to payment of wages of his employees and also of

employees of his sub-contractor.

b) The Contractor shall advise in writing to all of his employees and the employees of his sub-

contractor as follows:

It is fully understood that your appointment and/ or deployment is only in connection with the

owner and it does not give you any right of claim for employment by owner.

92 (a) HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS:

In respect of all labour directly employed in the works for performance of the contractor’s par this agreement, the

contractor shall comply with or cause to be complied with all the rules and regulations of the local sanitary and other

authorities or as framed by the Owner from time to time for the protection of health and sanitary arrangements for

(b) MEDICAL FITNESS CERTIFICATION :

Contractor shall follow guidelines for medical fitness certification of workers employed for working at height more

than 30 metres using temporary structures.

93 SAFETY REGULATIONS:

i) In respect of all labour, directly or indirectly employed In the work for the performance of contractor’s part

of this agreement, the contractor shall at his own expenses arrange for all safety provisions as per safety

codes of C.P.W.D. Indian Standard Institution, the Electricity Act, The Mines Act and any such other acts

ii) The Contractor shall ensure that he, his sub-contractor and his, or their personnel or representatives shall

comply with all Fire / Safety regulations issued from time to time by the Company or otherwise howsoever

and should any injury resulting in death or not or loss / or damage due to Fire to any property or a portion

thereof, occurred as a result of failure to comply with such regulations, the contractor shall be held

responsible for the consequences thereof and shall keep the company harmless and indemnified.

94 ARBITRATION:

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question

regarding its existence, validity, construction, interpretation, application, meaning, scope, operation or effect of this

contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure

mentioned herein below :

(a) The dispute or difference shall, in any event, be referred only to a Sole Arbitrator

(b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration

Rules for the time being in force or as amended from time to time

(c) The Seat of arbitration shall be at (Region/HQ from where the tender has been floated) (d) The

proceedings shall be conducted in English language

(e) The cost of the proceedings shall be equally borne by the parties, unless otherwise directed by the Sole

In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial

contract(s) between the Central Public Sector Enterprises (CPSEs)/Port Trusts inter se and also between CPSEs and

Government Departments/Organizations (excluding disputes concerning Railways, Income Tax, Customs & Excise

Departments*), such dispute or difference shall be taken up by either party for its resolution through AMRCD as

mentioned in DPE OM no.4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018.

(* The exclusion would also include disputes concerning GST, State level Sales Tax / VAT etc; though not mentioned

95 JURISDICTION:

The contractor shall be governed by the Laws in force in INDIA. The contractor hereby submits to the jurisdiction of

the Courts situated at Mumbai/(Ernakulam-in the case of Kochi Refinery), for the purpose of actions and proceedings

arising out of the contract and the courts at Mumbai/(Ernakulam-in the case of Kochi Refinery), only will have

jurisdiction to hear and decide such actions and proceedings.

96 ORDER OF PRECEDENCE FOR WORKS / SERVICES CONTRACTS:

1. Contract Agreement (in GCC)

2. Detailed letter of Acceptance along with its enclosures

3. Letter of Award / Fax of Acceptance

4. Job Specifications (specific to particular job only)

6. Special Conditions of Contract (SCC)

7. Technical Specifications

8. Instructions to Bidders

9. General Conditions of Contract (GCC)

10. Other Documents

Additionally, any variation or amendment / change order issued after signing of formal contract shall take precedence

over respective clauses of the formal contract and its Annexures.

97 LIMITATION OF LIABILITY

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price,

except that this Clause shall not limit the liability of the Contractor for following: (a) In the event of breach of any

Applicable Law;

(b) In the event of fraud, willful misconduct or illegal or unlawful acts, or gross negligence of the Contractor or any

person acting on behalf of the Contractor; or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence

which a conscientious Contractor would have followed in similar circumstances; or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property; or

(e) For any damage to any third party, including death or injury of any third party caused by the Contractor or any

person or firm acting on behalf of the Contractor in executing the Works. Neither Party shall be liable to the

other Party for any kind of indirect or consequential loss or damage like, loss of use, loss of profit, loss

of production or business interruption which is connected with any claim arising under the Contract.

98 POLICE VERIFICATION OF CONTRACT STAFF AND TRANSPORT CREW AT LOCATION:

The Contract staff should submit the following documents for enabling them to enter the

location: i) Police verification certificate issued by the police (PVC) ii) Photocopy of Aadhaar Card

(Original to be cross checked) iii) Assurance certificate from the Vendor / Contractor /transporter

The contractor shall not at any time do, cause or permit any nuisance on site or do anything which shall cause

unnecessary disturbance or inconvenience to Corporation, tenants or occupiers of other properties near the site and to

the general public.

100 BUILDING AND OTHER CONSTRUCTION WORKERS CESS:

i) Bidders to note that under Building and other Construction Workers Welfare Act (Re&CS) Act 1996, Cess is

applicable to contracts executed outside Factory Area (e.g. construction of new industrial installation, office

& residential buildings etc.) as per the provisions applicable under ‘The Building and Other Construction

Workers Welfare Cess Act 1996’.

ii) The contractor must be registered with the concerned authorities under the Building and other Construction Workers‟ (RE&CS) Act,

or in case of non-registration; the contractor should obtain registration within one month of the award of contract.

iii) The contractor shall be responsible to comply with all provisions of the Building and Other Construction Workers‟

(RE&CS) Act, 1996, the Building and other Construction Workers‟ Welfare Cess Act, 1996, the Building and other

Construction Workers‟ (RE&CS) Rules, 1998 and the Building and other Construction Workers Welfare Cess Rules,

iv) Cess, as per the prevailing rate (presently 1%), shall be deducted at source from bills of the contactors by the

Engineer-in-Charge and remitted to the “Secretary, Building and other Construction Workers Welfare Board” of the

concerned State.

v) The contactor shall be responsible to submit final assessment return of the Cess amount to the assessing officer

after adjusting the Cess deducted at source.

MEMORANDUM OF AGREEMENT

An agreement made this day of 20 between BHARAT PETROLEUM

CORPORATION LIMITED a Company Incorporated in India and having its registered office at Ballard Estate,

Mumbai, (herein after referred to as ‘the Company’ which expression shall include its heirs, legal representatives,

successors and permitted assignees) of the one part, and

(herein after referred to as “The Contractor” which expression shall include its heirs, legal representatives,

successors and permitted assignees) of the other part, whereby it is agreed:-

1. The Contractor shall carry out and complete the work as mentioned in the Purchase order/Contract No.

dated , (hereinafter referred to as “the work”) for the Company at its specified site to its complete satisfaction in

accordance with the specifications, schedule of rates and plans attached as per Purchase order/Contract and with

the instructions given from time to time, by the Company’s authorized engineer under whose supervision the

work shall be-executed. The parties hereto agree that this agreement shall be effective from the date of the

aforesaid Purchase Order/Contract.

2. Inspection of site: The Contractor has been given an opportunity before or at the time of the entrusting of the

work to him of making an inspection of the site to set at rest any doubt he may have had about the difficulties

attending his offer, and any difficulties which may be met with by him in the course of the execution of the work

shall neither relieve him from fulfilling the terms of this Agreement, nor entitled him to claim extra payment or an

extension of the period stipulated for the completion of the work, except where it will be agreed by the Company’s

authorized Engineer that such difficulties could not have been foreseen.

3. Supply of Labour and Materials: The Contractor shall furnish all labour, materials, equipment or tools

necessary for the construction of the work, except such materials, equipment or tools as will be supplied by the

Company and are detailed in Purchase order/Contract. The contractor will assume full responsibility for the

protection and safety of the work during its construction. The details and dimensions shown on the said plans

referred to in the Purchase order/Contract shall be strictly adhered to by the contractor and no alterations shall

be made therein unless previous sanction thereto has been given in writing by the Company.

(a) The Contractor shall prepare detailed and shop drawings and any other data required.

(b) All materials supplied by the Contractor shall be of the best quality. The Contractor shall at his own cost

arrange for and/or carry out any test of materials, which the Company’s authorized Engineer may

(c) The Contractor shall at the request of the Company’s authorized Engineer immediately dismiss from the

work any person employed thereon who, in the opinion of the Company’s authorized Engineer, is

unsuitable or incompetent or who, has been guilty of misconduct, and such person shall not again be

employed or allowed on the works without the permission of the Company, in writing.

4. E. & O. E. No advantage is to be taken either by the Company or the Contractor of any clerical error or mistake,

which may occur in the specification, schedule of rates, plans, tender or any other papers supplied to or by the

contractor in connection with the work.

5. Damage on account of Incomplete work: The Contractor shall commence the work and shall complete the

work as mentioned in Purchase order/Contract failing which the Contractor shall pay or allow to the Company to

recover as liquidated damages, at the rate of minimum 0.5% per week of delay or part there of up to a maximum

of 5% of the total contract value, if Liquidated damages clause is made applicable in the contract. Such damages

may be deducted by the Company from any amount due to the contractor; otherwise they shall be recoverable

by lawful means.

6. a) Determination of the Agreement: The company shall, at any time, be entitled to determine and terminate

the contract, if in the opinion of the company, the cessation of the work becomes necessary owing to paucity of

funds or for any other cause whatsoever. On such determination / termination, the cost of approved materials,

brought by the contractor and lying at the site, at current market rates as verified and approved by company’s

engineer and of the value of the work done to date by the contractor shall be paid for in full at the rate specified

in the contract. A notice in writing from the company to the contractor of such determination and termination

and reasons therefore shall be the conclusive proof of the fact that the contract has been so determined and

terminated by the company.

Should the contract be determined as above and the contractor claims payment to compensate expenditure

incurred by him in the expectation of completing the work, the company shall consider and admit such claim as

are deemed fair and reasonable and are supported by the vouchers to satisfaction of the engineer-in-charge. The

company’s decision on the necessity and propriety of such expenditure shall be final and conclusive and binding

on the contractor.

The contractor shall not be entitled to get any possible loss of profit that he could have earned had the contract

been not determined / terminated under the above clauses of this article.

b) Termination/Offloading: The contractor fully understands that timely completion of the work as per the

schedule is of paramount necessity as otherwise it would lead to adversely affecting the schedules of other

works/project with resultant financial and other losses to the Company. In view of this, the contractor

unconditionally agrees and binds himself to be liable for all the consequences for non-completion of the work

within the stipulated time.

In case a situation is brought about by the contractor warranting termination/off-loading of the whole or any part

of the work for any reason whatsoever, the Company shall have the liberty and right to entrust/engage/award

the work so terminated off loaded at the risk and cost of the contractor to any other agency/contractor by adopting

any mode of inviting tenders, i.e. open/limited/single party/negotiation basis etc. in order to ensure completion

of the work as per the schedule or at the quickest possible time.

7. Defective Work / Materials: If the work done by the Contractor or any part there of shall be found defective

in workmanship or by reason of bad or inferior materials used, then in such case he shall at his own risk and cost

without delay, demolish all such defective work and rebuild or replace the same in a satisfactory manner. The

Company may, if necessary, at the cost and risk of the Contractor, temporarily stop all other activities by the

Contractor in connection with the work until such time as the defective work has been rebuilt or replaced at the

Contractor’s cost. In case of default on the part of the contractor to remove defectives work and rebuild or replace

the same without delay and in a manner satisfactory to the Company, the Company shall be entitled to employ

another Contractor or its own workman to carry out the removal and rebuilding or replacing at the risk and cost

of the contractor.

8. Substitution of Contractor : If the Company finds it necessary to employ a person or persons for the purposes

provided in clauses 6 (b) and 7 above, then the Company may deduct and retain from out of the sums due to the

contractor all such amounts as they may require to pay or to reimburse themselves there from in respect of the

costs and expenses which they have incurred in completing the work and or in removing defective work and

rebuilding or replacing the same in a manner satisfactory to the Company and if such amounts be more than the

sums due or thereafter becoming due to the Contractor, than the balance, shall be a debt recoverable from the

Contractor by the Company. The Contractor shall not in any manner do or cause to be done any act, matter or

things whatsoever to prevent the person or persons so employed by the Company from removing defective work

and re-building or replacing the same in a manner satisfactory to the Company and/or from, completing the work

in the manner aforesaid.

9. Removal of Material: On the Determination of the Agreement as referred to in Clause 6, the Contractor shall

at his own risk and cost remove from site within Seven days all his materials, equipment and tools. It is agreed

that in case of such determination the company shall be entitled to purchase from the Contractor such materials

as will be approved by the Authorized Engineer of the Company at the prices then current. If the Contractor does

not remove the other materials, equipment and tools which he has been asked to remove within the time

prescribed as aforesaid, the Company may remove and sell the same holding the proceeds less the cost of storage,

removal and sale to the credit of the Contractor. Should Company incur any loss in respect of the sale, it shall be

entitled to recover same from the Contractor.

10. Inspection of work: Inspection will be made periodically during the progress of the work by the authorized

Engineer of the Company and all work performed must be of acceptable quality of which the said Engineer-in-

Charge will be the sole judge.

11. Supervision: The Contractor shall during the whole time the work is in progress, employ one or more competent

and technical English speaking Supervisors acceptable to the Company’s authorized Engineer, one of whom at

least shall be in constant attendance at the site while persons are at work there. Any directions, explanations,

instructions, or notices in connection with the work given by the Company’s authorized Engineer to these

Supervisors shall be deemed to have been given to the Contractor.

12. Payment: The Company, in consideration of the contractor carrying out and completing the said work at the

Company’s said site, to the satisfaction of the Company, shall pay the contractor as per the said schedule of

Rates, subject to deductions, retentions and abatements, if any to be made therefrom in accordance with the

provisions of this Agreement. During the progress of the work and provided the work is progressing according to

the time-table laid down to the contractor, the contractor shall be entitled once a month to receive advance

payment on the above mentioned sum proportionate to such part of the work as shall have been executed during

the preceding month but only after such part of the work as has been executed has been inspected and approved

by the Company’s authorized Engineer. From such interim payments each time 10% will be withheld as Security

deposit and this 10% will be paid to the Contractor after the defect liability period, provided that any defects

appearing during that period are corrected by him. OR

100% payment will be made on the basis of actual executed quantities after satisfactory completion and due

certification by BPCL Engineer-in-charge. In lieu of 10% Retention money towards Security deposit, contractor

shall submit bank guarantee of equivalent amount of retention money (10% of contract value) before submission

of 1st Running Account (RA) bill valid for defects liability period specified. Further, the Bank Guarantee shall have

a claim period of six months beyond the date of expiry, and the same shall be mentioned clearly in the Bank

13. Defects after Completion: Any defects which may appear within the defect liability period specified shall, upon

the directions in writing of the Company and within such reasonable time as shall be specified therein be amended

and made good by the Contractor, at his own cost unless the Company shall decide that the Contractor will be

paid for such amending and making good, and in case of default on the Contractor’s part, the Company may

amend and make good or have amended and made good such defects and all damages, losses and expenses

consequent thereon, incidental to those shall be borne by the Contractor and such damages, losses and expenses

shall be recoverable from him by the Company or may be deducted by the Company from any moneys due to or

thereafter becoming due to the Contractor. Alternatively, the Company may, in lieu of such amending and making

good by the Contractor elect to deduct from any moneys due or thereafter becoming due to the Contractor a sum

to be determined by the Company sufficient to cover the cost of amending and making good such defects, and

in the event of the amount withheld in accordance with Clause 12 being insufficient, recover the balance from

the Contractor together with any expenses the Company may have incurred in connection with such recovery.

Should any defective work have been done or bad inferior materials supplied by any Sub-Contractor employed on

the work, has been approved by the Company as provided in Clause 15, the Contractor shall be liable to amend

and make good in the same manner as if such work or materials had been done or supplied by the Contractor.

The Contractor shall remain liable under this Clause notwithstanding the signing by the Company’s authorized

Engineer of any certificate or the passing of any account.

14. Alterations: The Company reserves the right at any time to alter any quantities of any item indicated in the

Purchase order/Contract, in which case the total amount payable to the Contractor shall be less or higher,

proportionate with the reduction or increase in quantity of such item, allowance for which will be made at the

Contractor’s agreed rates.

15. Subletting Agreement: The Contractor shall not sublet or assign the work or any part thereof to another party

without the written consent of the company and no such subletting or assignment shall relieve the contractor

from the full and entire responsibility of his obligation under this Agreement.

16. Cancellation: The Company shall at any and all times during the period stipulated for the work, has the right

forthwith to cancel this agreement by giving written notice thereof to the Contractor and in such case the

Contractor shall be paid for such part of the work as has been executed by him up to the date of cancellation, on

the basis of schedule of rates as per Purchase order/Contract and shall be reimbursed by the Company for the

cost and expenses incurred by him but which would now be wasted as a direct consequence of the cancellation

of the Agreement.

17. Workmen’s Compensation Liability: The Contractor shall hold the Company harmless and indemnified from

and against all claims, costs and charges for which the Company shall be liable under the Workmen’s

Compensation Act, 1923 and any amendments thereof and the expenses to which it shall be put thereunder, both

in respect of personal injuries (within the meaning of the said Act) to the employees and servants of the Contractor

or Sub-Contractors, (if any), arising out of, or occasioned during the currency of this agreement through the acts

or omissions, whether due to negligence or not of the Contractor, Sub-Contractor and/or Company and/or their

respective servants and employees and also in respect of the personal injuries (within the meaning of the said

Act) to the servants and employees of the Company arising out of, or occasioned through the acts and omissions

whether due to negligence or not of the Contractor, Sub-Contractor and or their servants and employees in

carrying out any of the provisions of this Agreement. This indemnity shall be in addition to and not in lieu of any

indemnity to which the Company shall be entitled in law. The Contractor shall at his own expense effect and

maintain, until the completion of the work, with an approved office a Policy of Insurance in the joint names of

the Company and the Contractor, against such risks and deposit such Policy or policies with the Company from

time to time during the currency of this Agreement. The Contractor shall be responsible for anything not included

in the Insurance Policies above referred to and also for all other damage to person or property arising out of or

incidental to the negligent or defective carrying out of this agreement and shall keep the Company harmless and

indemnified. He shall also indemnify the Company in respect of any costs, charges or expenses arising out of any

claim or proceedings and also in respect of any award of compensation or damages arising therefrom. The

Company shall be entitled to deduct the amount of any damages compensation costs, charges and expenses

arising or accruing from or in respect of any such claim or damages from any sum or sums due or thereafter

becoming due to the Contractor.

18. Safety Regulation: The Contractor shall ensure that he/his Sub-Contractor and his, or their personnel or

representatives shall comply with all safety regulations issued from time to time by the Company or otherwise

howsoever and should any injury resulting in death or not or damage to any property occur as result of failure to

comply with such regulations the Contractor shall be held responsible for the consequences thereof, shall keep

the Company harmless and indemnified.

19. ARBITRATION: Any dispute or difference whatsoever arising out of or in connection with this Agreement including

any question regarding its existence, validity, construction, interpretation, application, meaning, scope, operation

or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per

the procedure mentioned herein below :

(a) The dispute or difference shall, in any event, be referred only to a Sole Arbitrator

(b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of

Arbitration Rules for the time being in force or as amended from time to time

(c) The Seat of arbitration shall be at (Region/HQ from where the tender has been floated)

(d) The proceedings shall be conducted in English language

(e) The cost of the proceedings shall be equally borne by the parties, unless otherwise directed by the Sole

In the event of any dispute or difference relating to the interpretation and application of the provisions of

commercial contract(s) between the Central Public Sector Enterprises (CPSEs)/Port Trusts inter se and also

between CPSEs and Government Departments/Organizations (excluding disputes concerning Railways,

Income Tax, Customs & Excise Departments*), such dispute or difference shall be taken up by either party

for its resolution through AMRCD as mentioned in DPE OM no.4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-

2018. (* The exclusion would also include disputes concerning GST, State level Sales Tax / VAT etc; though

not mentioned explicitly)

20. Jurisdiction:

The contractor shall be governed by the Laws in force in INDIA. The contractor hereby submits to the jurisdiction

of the Courts situated at Mumbai/(Ernakulam-in the case of Kochi Refinery), for the purpose of actions and

proceedings arising out of the contract and the courts at Mumbai/(Ernakulam-in the case of Kochi Refinery), only

will have jurisdiction to hear and decide such actions and proceedings.

21 Minimum Wages:

The Contractor, his executors and administrators (and in the case of a Limited Company, its successors and

assigns) shall hold the Company harmless and indemnified from and against all claims, costs and charges, for

which the Company shall be liable under the Minimum Wages Act, 1948, the Contract Labour (Regulation and

Abolition) Act, 1970 and any amendments or modifications thereof, and all expenses it shall be put thereunder

through the acts or omissions whether willful or not on the part of the Contractor. This indemnity shall be in

addition to and not in lieu of, any indemnity to which the Company shall be entitled in law.

22. Employees State Insurance: This Contractor hereby admits that he is fully aware of his responsibilities under the

Employees State Insurance Act, 1948, as an immediate employer of the employees engaged by him for the

execution of this contract which he agrees to discharge. The Contractor acknowledge the statutory right of the

company (as a Principle Employer) to recover the amount of the contributions, paid by it in the first instance in

respect of the employees employed by or through him (the Contractor), as well as the employee’s contribution,

if any, either by deduction from any amount payable to him by the Company under any contract or as debt

payable by him to the Company.

In witness where of the said contracting parties have set their hands.

For Bharat Petroleum Corporation Ltd. For Bharat Petroleum Corporation Ltd.

Contractor’s witness - Signature Contractor’s Signature

Name & Address:- Name & Address:-

PROFORMA OF BANK GUARANTEE

(On non-judicial paper of appropriate value)

FOR EARNEST MONEY / SECURITY DEPOSIT TOWARDS PERFORMANCE

Bharat Petroleum Corporation Ltd.

M/s. have taken tender for the

work CRFQ No/PO

for Bharat Petroleum Corporation Ltd.

The tender Conditions of Contract provide that the Contractor shall pay a sum of Rs. (Rupees

) as earnest money/security deposit in the form therein mentioned. The form of

payment of earnest money/security deposit includes guarantee executed by Scheduled Bank, undertaking full responsibility to indemnify

Bharat Petroleum Corporation Ltd. in case of default.

The said have approached us and at their request and in consideration of the premises

we having our office at have agreed to give such guarantee as hereinafter mentioned.

1. We hereby undertake and agree with you that if default shall be made by M/s. in performing any of the terms and

conditions of the tender or in payment of any money payable to Bharat Petroleum Corporation Ltd. We shall on demand pay to

you in such matter as to you may direct the said amount of Rupees only or such portion thereof not exceeding the said sum as

you may from time to time require.

2. You will have the full liberty without reference to us and without effecting this guarantee postpones for any time or from time to

time the exercise of any of the powers and rights conferred on you under the contract with the said and to

enforce or to for bear from endorsing any power of rights or by reason of time being given to the said which under law relating

to the sureties would but for provision have the effect of releasing us.

3. Your right to recover the said sum of Rs. (Rupees ) from us in manner aforesaid

will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said M/s.

and/or that any dispute or disputes are pending before any officer, tribunal or

4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up, dissolution or change of

constitution or insolvency of the said but shall in all respects and for all purposes be binding operative units payment of all money

due to you in respect of such liabilities is paid.

5. Our liability under this guarantee is restricted to Rupees Our guarantees shall remain in force until unless a suit or action to

enforce a claim under Guarantee is filed against us within six months from

(which is date of expiry of guarantee) all our rights under the said guarantee shall be

forfeited and shall be relieved and discharged from all liabilities thereunder.

6. We have power to issue this guarantee in your favour under Memorandum and Articles of Association and the undersigned has

full power to do under the Power of Attorney dated granted to him by the Bank.

Yours faithfully

Bank by its Constituted Attorney Signature of a person duly authorized to sign on behalf of the bank.

TAX RESIDENCY CERTIFICATE

TRC obtained by the Non-resident from Government of foreign country shall contain the following particulars:

i. Name of the assessee ii. Status (individual, company,

firm, etc.) of the assessee

iii. Nationality (in case of individual)

iv. Country or specified territory of incorporation or registration (in case of others)

v. Assessee’s tax identification number in the country or specified territory of residence or in case of no such number, then, a unique

number on the basis of which the person is identified by the Government of the country or the specified territory vi. Residential status

for the purpose of Tax vii. Period for which the certificate is applicable

viii. Address of the applicant for the period for which the certificate is applicable

[See sub-rule (1) of rule 21AB of the Income-tax Act, 1961]

Information to be provided under sub-section (5) of section 90 or sub-section (5) of section 90A of the Income-tax Act,

1. I *son/daughter of Shri in the capacity of (designation)do provide the

following information, relevant to the previous year (5) ,*in my case/in the case of for the purposes of sub-section

of *section 90/section 90A:-

Sl. No. Nature of information Details #

(i) Status (individual, company, firm etc.) of the assessee :

(ii) Permanent Account Number (PAN) of the assessee if allotted : :

(iii) Nationality (in the case of an individual) :

Country or specified territory of incorporation or registration (in the case

(iv) Assessee’s tax identification number in the country or specified territory :

of residence and if there is no such number, then, a unique number on

the basis of which the person is identified by the Government of the

country or the specified territory of which the assessee claims to be a

(v) Period for which the residential status as mentioned in the certificate :

referred to in sub-section (4) of section 90 or sub-section (4 )of section

90A is applicable

(vi) Address of the assessee in the country or territory outside India during the :

period for which the certificate, mentioned in (v) above, is applicable

2. I have obtained a certificate referred to in sub-section (4) of section 90 or sub-section (4) of section 90A from the Government of

(name of country or specified territory outside India).

Signature: Name:

Permanent Account Number :

I do hereby declare that to the best of my knowledge and belief what is stated above is correct, complete and is truly stated.

Verified today the day of

Signature of the person providing the information

1. * Delete whichever is not applicable.

2. #Write N.A. if the relevant information forms part of the certificate referred to in sub-section (4) of section 90 or sub-section (4) of

BHARAT PETROLEUM CORPORATION LTD

ACKNOWLEDGEMENT

We, M/s. having office at received

the copy of GENERAL CONDITIONS OF CONTRACT and confirm our acceptance to all the terms and conditions as mentioned herein in

this General Conditions of Contract and we are hereby returning this copy of Acknowledgement duly signed.

For & on behalf of M/s.

( Seal / Stamp )

GCC MODIFIED CLAUSE ON GST

SECTION VII TAXES/DUTIES/INSURANCE

86. TAXES AND DUTIES:

The contractor agrees to and does hereby accept full and exclusive liability for the

payment of any and all taxes, duties, etc. now in force or hereafter Imposed, increased

or modified, from time to time in respect of work and materials and all contributions and

taxes for unemployment compensation, insurance and old age pensions or annuities now

or hereafter imposed by any Central or State Government authorities which are imposed

with respect to or covered by the wages, salaries, or other compensations paid to the

persons employed by the contractor and the contractor shall be responsible for the

compliance with all obligations and restrictions imposed by the Labour Law or any other

law affecting employer - employee relationship and the contractor further agrees to

comply and secure the compliance by all sub-contractors, with all applicable Central,

State, Municipal and local laws and regulations and requirements of any Central, State or

Local Government agency or authority. Contractor further agrees to defend, indemnify

and hold harmless from any liability or penalty which may be Imposed by the Central,

State of Local Authority by reason of any violation by contractor or sub-contractor of such

laws, regulations or requirements and also from all claims, suits or proceeding that may

be brought against the Owner arising under, growing out of, or by reason of the work

provided for by this contract by third parties, or by Central or State Government authority

or any administrative sub-division thereof.

86.1 The vendor shall take steps viz. mention relevant GSTIN of BPCL in GST

invoices and returns, uploading invoice in GSTR 1, payment of the tax

liability on the said invoices and filing of Returns etc. and comply with all

the requirements of applicable laws including GST laws for the time being

in force to enable the OWNER to avail tax credit/s including input tax credit.

Deferment of GST Amounts shall be done for those vendors who have got instances of open

mismatches due to non-compliance. Open mismatches refer to cases whereby OWNER could

not claim the GST Input Tax Credit in the month of payment of invoice due to non-

compliance/ delayed compliance by the VENDOR. Accordingly, Over and above any payment

term mentioned in the tender including that mentioned in the GPC/GCC, payment to VENDOR

by OWNER for the basic amount (i.e. amount excluding GST) shall be made as mentioned in

GPC/GCC or as mentioned anywhere else in the tender as applicable. However, GST amount

of the Invoices shall be paid only after the amount gets reflected in the return (GSTR-1

Return of outward supplies/GSTR-3B) submitted by the vendor on GSTIN portal (GSTR 2B

of OWNER) to the satisfaction of OWNER. Till such time GST amount with correct details is

reflected in GSTIN portal to satisfaction of OWNER, amount shall be withheld by OWNER.

Over and above, VENDOR is also required to issue e-invoice if the same is applicable to the

OWNER. In absence of GST e-invoice, any loss of Input Tax Credit to the OWNER shall be

indemnified by the VENDOR.

Deferment of GST amounts to the vendors are subject to compliance of any applicable Act.

86.2 In case of vendors for whom deferment of GST amounts were not done,

any loss or non-availability of input tax credit by the OWNER due to non-

compliance of applicable tax law including but not limited to GST laws in

force or otherwise, on the part of VENDOR, an amount equivalent to any

tax liability accruing to the OWNER and/or to the extent of any loss accrued

OWNER due to the non-availability of input tax credit or any liability accrued to the

OWNER shall either stand cancelled or deducted from the payment due to the VENDOR

or shall be reimbursed by the VENDOR as the case may be till such default is either

rectified or made good by the VENDOR and the OWNER is satisfied that it is in a position

to claim valid input tax credit within the timelines as per applicable laws.

86.3 Any cost, liability, dues, penalty, fees, interest as the case may be which

accrues to the OWNER at any point of time on account of non-compliance

of applicable tax laws or rules or regulations thereof or otherwise due to

default on the part of VENDOR shall be borne by the VENDOR. An amount

equivalent to such cost, liability, dues, penalty, fees, and interest as the

case may be shall be reimbursed by the VENDOR within 30 days. Any GST

as may be applicable on such recovery of amount shall also be borne by

VENDOR and same shall be collected by the OWNER.

The scope of works are detailed below-

1) Supply, Loading, Unloading, Installation & Commissioning of 40 and 60 KVA Natural

Gas Generator set comprising of Engine, 3 Phase 415 V, 50 Hz, Alternator, AMF panel, flowmeter,

PCC Foundation, earthing job at site, P&F along with all necessary accessories as mentioned in

the scope of supply including Transit insurance and transportation from works to site.

2) Supervision of Erection and Commissioning at site.

Scope of Supply

Sl. No. Description Bidder

1 Engine mounted radiator √

3 24 V Electrical starting system - 1 No., 150 AH √

5 Lube oil filter √

6 Base frame for mounting engine and Alternator √

7 AVM Pads as per manufacturer standard √

8 Catalytic Converter √

Alternator – Brushless, self-exited, 4P, 1500 rpm, 50 Hz in IP-23 √

9 enclosure generating 415 Volt at 0.8 p.f (lag). The alternator shall

conform to IS:4722/ IEC 34.1 and is suitable for tropical

Silencer with spark arrester – M.S construction with sound absorbing √

materials and deflectors to attenuate exhaust noise

11 Engine control panel √

13 Gas flowmeter √

14 3P MCB for power outlet √

15 Exhaust piping upto 4 ft. √

16 Standard tool √

17 First Fill of Consumables, e.g. Lube Oil, Coolant, etc. √

Genset Enclosures - PU Acoustic foam of suitable thickness & Density √

18 is used for acoustic purpose to reduce the sound level down to

permissible limits (75 dBA at 1 mtr distance from enclosure surface) as

19 Foundation details / drawings √

20 PCC Foundation required at site

21 Earthing pits at site

22 Earthing strips required at site

Supervision of installation & commissioning of the genset and √

accessories at site

24 Packing and forwarding √

25 Transit insurance √

26 Transportation from works to site (Ahmednagar) √

27 Battery Charger

28 Unloading, Shifting & Erection of the Genset & Accessories at

29 Hose Pipe as required

30 Exhaust piping

31 Power Evacuation system from the Power Panel – change over switch

32 PRV with inlet pressure up-to 45 bar and delivery as per the inlet

requirement of PRV along with connecting hose to Genset and related

33 Schedule maintenance spares and consumables required during warranty √

Specification of 40 and 60 KVA Natural Gas

Number of phases

Power rating at 100%Kwe (in KW)

Gen Set Rating 40 and

Power factor (lagging)

Output Voltage (V) 415 Volt

Engine Specification

Starting system (DC) 24 Volt

Engine Speed (RPM)

Type of Fuel CNG/Natural Gas

Total lubrication capacity

(Minimum) 12.5 Liter

Lube oil change period 500 Hour

Genset Control panel

Control panel type Automatic

Alternator Specifications

Alternator Model G1R60/200SC

(Brushless) (equivalent)

Enclosure IP:23

Insulation H Class

Testing Standards IS

Mounting Single Bearing

Lab ARAI or any other Equivalent

Availability of Type test report for

conformity of parameter from any

ILAC/NABL.accredited/Central Required

Test report to be submitted to the

buyer on demand YES

Additional parameters

AMF panel to be

provided,suitable to supply

and 60 KVA power from EB as

well as from DG

set.Auto/Manual

AMF Panel Functionality shall be provided

in the panel.Cost of AMF panel

shall be inclusive in the quote.

Fuel pressure shall be between

Fuel Pressure 0.5 barg to 2 barg

SECTION - V SCHEDULE OF WORKS (SOW) /

SCHEDULE OF RATES (SOR

SCHEDULE OF WORKS (SOW)/ SCHEDULE OF RATES (SOR):

THIS PRICE BID FORMAT IS FOR REFERENCE. NOT TO BE QUOTED ON

FORMS AND FORMATS

LIST OF FORMS & FORMAT

orm No. Description

F-1 CHECKLIST FOR SUBMISSION OF BID

F-3 DECLARATION OF LIQUIDATION, COURT RECEIVERSHIP OR SIMILAR PROCEEDINGS

F-4 FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE/ CERTIFIED PUBLIC

ACCOUNTANT (CPA) FOR FINANCIAL CAPABILITY OF THE BIDDER

F-5 DECLARATION BY THE BIDDER

F-6 NO DEVIATION CONFIRMATION

BIDDER’S GENERAL INFORMATION

F-8 AGREED TERMS & CONDITIONS

F-9 DECLARATION BY BLACKLISTING / HOLIDAY LISTING

F-10 BANK MANDATE FORM

F-11 UNDERTAKING FOR NON-ENGAGEMENT OF CHILD LABOUR

F-12 BIDDER'S QUERIES

F-13 VERIFICATION OF BIDDER’S QUALIFICATION (BQC) RELATED

CRITERIA DOCUMENTS

F-14 EMD / BID SECURITY - EXEMPTION

F-15 PROFORMA OF BANK GUARANTEE - EARNEST MONEY / SECURITY DEPOSIT

TOWARDS PERFORMANCE

CHECKLIST FOR SUBMISSION OF BID

Bidder is requested to fill this checklist and ensure that all details / documents have been furnished as

called for in the Bidding Document along with duly filled in, signed & stamped checklist to be uploaded

in “Un-priced folder” of e-tender portal.

LIST OF SUPPORTING DOCUMENTS (COMMERCIAL) ATTACHED

1. 'COVERING LETTER' ON BIDDER'S 'LETTERHEAD' DULY SIGNED & STAMPED BY

AUTHORIZED PERSON BY CLEARLY SPECIFYING THE ENCLOSED CONTENTS.

2. EMD / BID SECURITY

3. PROVIDING (Supply, Loading, Unloading, Installation & Commissioning of 40 and

KVA Natural Gas Driven Generator Set at BPCL CNG Station AHMEDNAGAR

Maharashtra)– (Please confirm here also quoted or Not quoted)

4. POWER OF ATTORNEY IN FAVOUR OF THE PERSON WHO HAS SIGNED THE BID ON

STAMP PAPER OF APPROPRIATE VALUE.

5. PLEASE ATTACH COPIES OF ARTICLES OF ASSOCIATION,

MEMORANDUM OF UNDERSTANDING AND CERTIFICATE OF INCORPORATION IN CASE

OF LIMITED COMPANY/ PROPRIETARY FIRM/ PARTNERSHIP FIRM.

6. COPIES OF PURCHASE ORDER AND COMPLETION CERTIFICATE,

SUPPORTING THE QUALIFICATION CRITERIA (FINANCIAL)

7. BIDDER(S) SHALL SUBMIT COPY OF AUDITED ANNUAL FINANCIAL STATEMENT

[BALANCE SHEET AND PROFIT & LOSS ACCOUNT

STATEMENT ALONG WITH ITS ANNEXURES ALONG WITH

INDEPENDENT AUDITOR REPORT] OF LAST THREE (3) PRECEDING FINANCIAL YEAR(S)

DULY SIGNED AND STAMPED BY A TPI, AS PER BQC, ALONG WITH UN-PRICE BID.

8. COPY OF PAN CARD ISSUED BY INCOME TAX AUTHORITY

9. LIST OF COMPANY DIRECTORS

10. FORM – 1, CHECKLIST FOR SUBMISSION OF BID

11. FORM – 2 , BID FORM

12. FORM – 3, DECLARATION OF LIQUIDATION, COURT RECEIVERSHIP OR SIMILAR

13. FORM – 4, FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE/ CERTIFIED PUBLIC

ACCOUNTANT (CPA) FOR FINANCIAL CAPABILITY OF THE BIDDER

14. FORM – 5, DECLARATION BY THE BIDDER

15. FORM – 6, NO DEVIATION CONFIRMATION

16. FORM – 7, BIDDER’S GENERAL INFORMATION

17. FORM – 8, AGREED TERMS & CONDITIONS (On bidder’s letterhead)

18. FORM – 9, DECLARATION BY BLACKLISTING / HOLIDAY LISTING

19. FORM – 10 , BANK MANDATE FORM

20. FORM – 11, UNDERTAKING FOR NON-ENGAGEMENT OF CHILD LABOUR

21. FORM – 12, BIDDER'S QUERIES

22. FORM -13, VERIFICATION OF BIDDER’S QUALIFICATION CRITERIA (BQC)

RELATED DOCUMENTS (On TPIA letterhead)

FORM -14, EMD / BID SECURITY - EXEMPTION - DULY CERTIFIED BY CHARTERED

ACCOUNTANT CONFIRMING ELIGIBILITY FOR BENEFITS FOR PPP

24. FORM -15, PROFORMA OF BANK GUARANTEE - EARNEST MONEY / SECURITY DEPOSIT

TOWARDS PERFORMANCE

25. COMMERCIAL & TECHNICAL WITH ACCEPTANCE

26. ORIGINAL DOCUMENTS, TO BE SUBMITTED TO BHARAT PETROLEUM CORPORATION

LIMITED OFFICE, MAKER TOWER, MUMBAI WITHIN SEVEN (7) CALENDAR DAYS FROM

THE DATE OF UN-PRICED BID OPENING

27. CANCELLED CHEQUE OF BIDDER

28. REPLY TO PRE_BID QUERIES / CORRIGENDUM – IF APPLICABLE

29. ANY OTHER INFORMATION/DETAILS REQUIRED AS PER BIDDING DOCUMENT

(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

“Supply, Loading, Unloading, Installation & Commissioning of 40 and 60 KVA Natural Gas Driven

Generator Set at BPCL CNG STATIONS AHMEDNAGAR MAHARASHTRA” and having conducted a

thorough study of the job site(s) involved, the site conditions, soil c conditions, the climatic 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 factors and facilities and things whatsoever

necessary or relevant to the formulation of the Bid and the performance 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 mentioned in 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 and to 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

Affidavit 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

Receivership or similar proceeding and our business is not banned by any Central / State

Government Department / Public Undertaking or Enterprise or Central / State

Name, Seal & Signature of the Bidder Name, Seal & Signature of the Authority / Magistrate

Contact details Contact details

FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE/ CERTIFIED PUBLIC ACCOUNTANT

(CPA) FOR FINANCIAL CAPABILITY OF THE BIDDER

(On Letterhead)

We have verified the Audited Financial Statements and other relevant records of

M/s… ............................................ (Name of the bidder) and certify the following:

A. AUDITED ANNUAL TURNOVER* OF LAST 3 YEARS:

Year Amount (Currency)

B. NETWORTH* AS PER LAST AUDITED FINANCIAL STATEMENT:

Description Year

Amount (Currency)

*Refer Instructions

Note: It is further certified that the above-mentioned applicable figures are matching with the returns filed with

Registrar of Companies (ROC) [Applicable only in case of Indian Companies]

Name of Audit Firm:

[Signature of Authorized Signatory] Chartered Accountant/CPA

Membership No.:

1. The financial year would be the same as one normally followed by the bidder for its Annual Report.

The bidder shall provide the audited annual financial statements as required for this Tender

document failure to do so would result in the Proposal being considered as non- responsive. For

the purpose of this Tender document:

(i) Annual Turnover shall be “Sale Value/ Operating Income”

(ii) Net Worth shall be paid up share capital plus Free Reserves & Surplus less accumulated losses,

deferred expenditure and miscellaneous expenditure not written off, if any.

2. Above figures shall be calculated after considering the qualification, if any, made by the

statutory auditor on the/ audited financial statements of the bidder including quantified

financial implication.

3. This certificate is to be submitted on the letterhead of Chartered Accountant/CPA.

DECLARATION BY THE BIDDER

Bidding Document No.:

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

understood 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 award of

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: “Supply, Loading, Unloading, Installation & Commissioning of 40 and 60 KVA Natural Gas

Driven Generator Set at BPCL CNG STATIONS AHMEDNAGAR MAHARASHTRA”

2 Number of Years in Operation

3 Address of Registered Office

Bidder’s address where

order/contract is to be placed *

Telephone Number of address

where order is to be placed

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

Active Mobile No.

6 E-mail address

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

Name & Designation of Contact

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 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 Start-ups 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. : Supply, Loading, Unloading, Installation & Commissioning of 40 and 60 KVA

Natural Gas Driven Generator Set at BPCL CNG STATIONS AHMEDNAGAR MAHARASHTRA.

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.

SL. DESCRIPTION BIDDER'S

NO. CONFIRMATION

Bidder's name, Vendor Code of BPCL(if any) and address (

1. LOA/Order shall be released in this name )

Confirm quoted prices will remain firm and fixed till complete

2. execution of the order.

3. i) Confirm acceptance of relevant Terms of Payment specified in

the Bid Document.

4. 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

5. 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 letterhead.

Confirm compliance to Delivery/ Completion Period as specified

6. in Bid Document. Confirm Delivery/ Completion Period shall be

reckoned from the date of Letter of Acceptance (LOA).

7. Confirm your offer is valid for a period of 120 days from

Final/Extended Due Date of 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

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

of purchaser/ BPCL or his relative is a partner.

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

be borne by Bidder.

Harmonized System Nomenclature (HSN): of Supply Items:

11. Service 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

12. reasons, 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

DECLARATION BY BLACKLISTING / HOLIDAY LISTING

Name of Work Supply, Loading, Unloading, Installation & Commissioning of 40 and 60 KVA Natural

Gas Driven Generator Set at BPCL CNG STATIONS AHMEDNAGAR MAHARASHTRA

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 in

which 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 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 A PARTNERSHIP FIRM:

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

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 state “NIL)

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

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

liable 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 : 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 receiving all our

payments through Electronics Mechanism.

(Signature and designation of the Authorized person(s) of Bidder

Official 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 Official of the Bank

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 of

The 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 a

transgression 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 the

Tender 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 determined

by 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

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

Name of Signatory

BIDDER’S QUERIES

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

E-mail: [email protected] / [email protected]

No. Document No. Clause No. Page No. Tender Bidder’s

Requirements Query

VERIFICATION OF BIDDER’S QUALIFICATION CRITERIA (BQC) RELATED DOCUMENTS

(On letterhead)

Bharat Petroleum Corporation Limited (BPCL)

Subject : Verification of Bidder’s Qualification Criteria (BQC) related documents Name

We, (Name of the Certifying Agency) … are the Third Party Inspection Agency (TPIA) of M/s

…..(Name of the Bidder)….

We hereby confirm that we have certified the following copies of BQC/Techno-commercial related

documents submitted to us for verification:

All the above stated documents are “verified from Originals” and found genuine & correct. We have signed

and stamped on the copies of all verified documents.

(Authorized Signatory) –duly stamped

(Name of the Certifying Agency If certified by Third Party Inspection Agency (TPIA as

Contact number and e-mail ID of the certifying officer Branch

Address of undertaking the certification.

EMD / BID SECURITY - EXEMPTION

( On CA Letterhead as given in IFB Section for MSE - EMD Exemption )

PROFORMA OF BANK GUARANTEE - EARNEST

MONEY / SECURITY DEPOSIT TOWARDS

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 Rs. (Rupees only), we (name

of Bank) (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

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

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

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

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