TENDER FOR PARLIAMENTARY COMMITTEE EXPENSES - LIKE BOUQUETS, PLANTATION, GAMCHA, SHAWLS, FLODER, STATIONARY, MEMENTO ETC. EVENT MANAGEMENT.

GENERAL CONDITIONS OF CONTRACT

BHARAT PETROLEUM CORPORATION LIMITED

I DEFINITION OF TERMS

II GENERAL INFORMATION ABOUT SITE

2.1 LOCATION OF SITE & ACCESSIBILITY

2.2 SCOPE OF WORK

2.3 LAND FOR CONTRACTOR’S FIELD, GODOWN AND

2.4 SAFETY STANDARDS FOR TEMPORARY BUILDINGS

III GENERAL INSTRUCTION FOR THE TENDERER

3 SUBMISSION OF TENDER

5 PURCHASE PREFERENCE

6a EARNEST MONEY

6b CONVERSION OF EMD TO SECURITY DEPOSIT

7a BID VALIDITY

7b LANGUAGE OF BID

8 ADDENDA / CORRIGENDA

9 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

10a INTEGRITY PACT (IP)

10b HOLIDAY LISTING

10c FOREIGN BIDDERS

11 COLLECTION OF DATA TENDERER’S RESPONSIBILITY & TIME

12 RETIRED GOVERNMENT OR COMPANY OFFICER

13 SIGNING OF THE CONTRACT

14a FIELD MANAGEMENT

14b CONSULTANCY CONTRACTS

IV INTERPRETATION OF CONTRACT DOCUMENTS

15 INTERPRETATION OF CONTRACT DOCUMENT

16 SPECIAL CONDITIONS OF CONTRACT

17 CONTRACTOR TO OBTAIN HIS OWN INFORMATION

18 PERFORMANCE SECURITY DEPOSIT/RETENTION MONEY

19 TIME OF PERFORMANCE

20 FORCE MAJEURE

21 EXTENSION OF TIME

22 LIQUIDATED DAMAGES FOR DELAY

23 SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS

REASONABLE COMPENSATION

WITHOUT REFERENCE TO ACTUAL LOSS

24 TERMINATION / OFFLOADING

25 FORFEITURE OF SECURITY DEPOSIT

26 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED

27 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION

NOT TAKEN UNDER CLAUSE

28 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK

29 CHANGES IN CONSTITUTION

30 IF THE CONTRACTOR DIES

31 EMPLOYEES OF THE OWNER NOT INDIVIDUALLY LIABLE

32 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS

33 CONTRACTOR’S OFFICE AT SITE

34 CONTRACTOR’S SUBORDINATE STAFF AND THEIR CONDUCTS

35 SUB-LETTING OF WORK

36 POWER OF ENTRY

37 CONTRACTOR’S RESPONSIBILITY WITH OTHER AGENCIES

38 OTHER AGENTS AT SITE

40 RIGHTS OF VARIOUS INTERESTS

41 RIGHT OF OWNER TO DETERMINE / TERMINATE CONTRACT

42 TERMINATION FOR CONVENIENCE

43 PATENTS AND ROYALTIES

45 OPERATION OF CONTRACT

V PERFORMANCE OF WORK

46 EXECUTION OF WORKS

47 COORDINATION AND INSPECTION OF WORK

48 WORK IN MONSOON AND DEWATERING

49 WORK ON SUNDAYS AND HOLIDAYS

50 GENERAL CONDITIONS FOR CONSTRUCTION AND ERECTION WORK

51 DRAWINGS TO BE SUPPLIED BY THE OWNER

52 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR

53 SETTING OUT WORKS

54 RESPONSIBILITY FOR LEVEL AND ALIGNMENT

55 MATERIALS TO BE SUPPLIED BY CONTRACTOR

56 MATERIALS SUPPLIED BY OWNER

57 CONDITIONS FOR ISSUE OF MATERIALS

58 MATERIALS PROCURED WITH ASSISTANCE OF OWNER

59 MATERIALS OBTAINED FROM DISMANTLING

60 ARTICLES OF VALUE FOUND

61 DISCREPANCIES BETWEEN INSTRUCTIONS

62 ALTERATIONS IN SPECIFICATIONS AND DESIGNS AND EXTRA WORK

63 VARIATION IN CONTRACT VALUE

64 ACTION WHERE NO SPECIFICATIONS ISSUED

65 ABNORMAL RATES

66 INSPECTION OF WORK

67 ASSISTANCE TO THE ENGINEERS

68 TESTS FOR QUALITY OF WORKS

70 ACTION AND COMPENSATION IN CASE OF BAD WORK

71 SUSPENSION OF WORKS

72 OWNER MAY DO PART OF WORK

73 POSSESSION PRIOR TO COMPLETION

74.1,2 PERIOD OF LIABILITY FROM THE DATE OF COMPLETION OF WORK

74.3 CARE OF WORKS

74.4 EFFECTS PRIOR TO TAKING OVER

VI BILLS / MEASUREMENT / PAYMENT

75 SCHEDULE OF RATES AND PAYMENTS

76 PROCEDURE FOR MEASUREMENT / BILLING OF WORK IN PROGRESS

77 LUMPSUMS IN TENDER

78 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS ADVANCES

80 PAYMENT OF CONTRACTOR’S BILL

81 CONCLUSION OF CONTRACT

82 MODE OF PAYMENT

83 COMPLETION CERTIFICATE

84 FINAL DECISION AND FINAL CERTIFICATE

85 CERTIFICATE FOR PAYMENTS AND EVIDENCE OF COMPLETION

VII TAXES / DUTIES / INSURANCE

86 TAXES & DUTIES

88 DAMAGE TO PROPERTY

VIII LABOUR LAWS AND OTHER REGULATIONS

90 IMPLEMENTATION OF APPRENTICES ACT, 1961

91 CONTRACTOR TO INDEMNIFY THE OWNER

92a HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS

92b MEDICAL FITNESS CERTIFACATION

93 SAFETY REGULATIONS

95 JURISDICTION

96 ORDER OF PRECEDENCE FOR WORKS/SERVICES CONTRACTS

97 LIMITATION OF LIABILITY

98 POLICE VERIFICATION OF CONTRACT STAFF AND TRANSPORT CREW

100 BUILDING AND OTHER CONSTRUCTION WORKERS CESS

IX MEMORANDUM OF AGREEMENT

PROFORMA OF BANK GUARANTEE

TAX RESIDENCY CERTIFICATE

BHARAT PETROLEUM CORPORATION LTD ACKNOWLEDGEMENT

GENERAL CONDITIONS OF CONTRACT

DEFINITION OF TERMS

In the contract documents as herein defined where the context so admits, the following words and expressions will have following meanings :

1) “The Owner/Company/BPCL” means the Bharat Petroleum Corporation Limited, incorporated in India having its registered office

at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai - 400 038 or their successors or assigns

2) “The Contractor” means the person or the persons, firm or Company whose tender has been accepted by the Owner and includes

the Contractor’s legal representative, his successor and permitted assigns.

3) The “Managing Director” shall mean the Chairman and Managing Director of the Bharat Petroleum Corporation Limited or his

successor in office designated by the Owner.

4) The “Engineer-in-Charge” shall mean the person designated as such by the Owner and shall Include those who are expressly

authorised by the Owner to act for and on his behalf for operation of this contract.

5) The “Work” shall mean the works to be executed in accordance with the contract or part thereof as the case may be and shall include

extra, additional, altered or substituted works as required for purpose of the contract.

6) The “Permanent Work” means and includes works which will be incorporated in and form a part of the work to be handed over to

the Owner by the Contractor on completion of the contract.

7) The “Construction Equipment” means all appliances, Tools/Tackles and equipment of whatsoever nature for the use in or for the

execution, completion, operation or maintenance of the work unless intended to form part of the Permanent work.

8) The “Site” means the areas on which the permanent works are to be executed or carried out and any other places provided by the

Owner for purpose of the contract.

9) The “Contract Document” means collectively the Tender Document. Designs. Drawings or Specifications, agreed variations, if any,

and such other document constituting the tender and acceptance thereof.

10) The “Consultant” means the consulting engineers Nominated/appointed by the Owner for this Project / job.

11) The “Sub-Contractor” means any person or firm or Company (other than the Contractor) to whom any part of the work has been

entrusted by the Contractor, with the written consent of the Engineer-in-Charge, and the legal personal representatives, successors

and permitted assigns of such person, firm or company.

12) The “Contract” shall mean the Agreement between the Owner and the Contractor for the execution of the works including therein

all contract documents.

13) The “Specification” shall mean the various technical specifications attached and referred to in the tender documents. It shall also

include the latest editions, including all addenda/corrigenda, of relevant Indian Standard Specification, specifications of the other

country published before entering into Contract.

14) The “Drawings” shall include maps, plans and tracings or prints thereof with any modifications approved in writing by the Engineer-

in-Charge and such other drawings as may, from time to time, furnished or approved in writing by the Engineer-in-Charge.

15) The “Tender” means the tender submitted by the Contractor for acceptance by the Owner.

16) The “Alteration Order” means an order given in writing by the Engineer-in-Charge to effect additions to or deletion from and

alterations in the works.

17) The “Completion Certificate” shall mean the certificate to be issued by the Engineer-in-Charge to the contractor when the works

have been completed to his satisfaction.

18) The “Final Certificate” in relation to a work means the certificate issued by the Engineer-in-Charge after the period of liability is

over for releasing the retention money/PBG.

19) The “Period of Liability” in relation to a work means the specified period during which the Contractor stands responsible for

rectifying all defects that may appear in the works.

GENERAL INFORMATION ABOUT SITE

2.1 LOCATION OF SITE & ACCESSIBILITY:

The site location is described in the Special Conditions of Contract. The intending tenderer should inspect the site and make himself

familiar with site conditions and available facilities.

Entry into the BPCL areas is restricted depending on location/site. Only pass holders as also vehicles with special permits are

permitted in such restricted areas. Inside the premises access to various work spots is also further regulated by permits issued for

each area. Non-availability of access roads or permits for entry of vehicles/equipment to any specific area shall in no case be the

cause to condone any delay in execution of works or be the cause for any claims or extra compensations.

2.2 SCOPE OF WORK

The scope of work is defined in the Special Conditions of Contract and specifications. The Contractor shall provide all necessary

materials, equipments / Tools and Tackles / Supervision / labour etc. for the execution and maintenance of the work till completion

unless otherwise mentioned in these tender documents. All materials that go with the work shall be approved by Engineer-in-

Charge prior to procurement and use.

2.3 LAND FOR CONTRACTOR’S FIELD, GODOWN AND WORKSHOP:

The tenderer should visit the site and acquaint himself with site conditions, availability of water, electricity, approach roads,

construction materials as per specifications, shelter for his staff, etc. since these are to be provided/arranged by the tenderer (unless

otherwise specified) at his cost.

The owner will, at his discretion and convenience based on availability for the duration of the execution of the work, make

available, land for construction of contractor’s field office, go-downs, workshop and fabrication yard required for the execution of

the contract. The contractor shall at his own cost construct all these temporary buildings and provide suitable water supply and

sanitary arrangement approved by the Engineer-in-Charge.

On completion of the works undertaken by the Contractor, he shall remove all temporary works/ shed erected by him and have the

site cleaned as directed by Engineer-in-Charge if the contractor shall fail to comply with these requirements, the Engineer-in-

charge may at the expenses of the Contractor remove such surplus and rubbish material, dispose off the same as he deems fit and

get the site cleared 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 surplus materials disposed off as aforesaid. But the Owner reserves the right to ask the Contractor any

time during the pendency of the contract to vacate the land by giving seven days notice on security reasons or on material interest

2.4 SAFETY STANDARDS FOR TEMPORARY BUILDINGS

All temporary buildings, sheds, workshops, field stations etc. shall be constructed in conformation with the safety and security

regulations of the owner as regards location and type of structure.

GENERAL INSTRUCTION FOR THE TENDERER

3 SUBMISSION OF TENDER:

3.1 The quotation should be submitted only in the manner and the form prescribed in the Request For Quotation (RFQ)/Tender

3.2 Addenda/Corrigenda to this tender document if issued must be signed and submitted along with the tender document. The tenderer

should consider the Addenda/Corrigenda and should price the work based on revised quantities when amendments for quantities

are issued in addenda.

3.3 Tenders should always be placed in double sealed covers, superscribing Tender No Tender for (name of job), Bharat Petroleum

Corporation Limited, due for opening on

The full name, postal address and telegraphic address of the tenderer shall be written on the bottom left hand corner of the sealed

cover. (This will not be applicable in the case of e-tenders) Tenders received in open condition (priced bid) are liable to be rejected.

3.4 Instructions for two part bidding

i) The bid should be submitted in two parts viz.

a. Techno-commercial bid.

ii) Techno-commercial bid shall have the following information/details

a. Technical deviation if any.

b. Commercial deviation if any like extra taxes, duties etc.

c. Copy of price bid with prices blanked off.

d. Any other relevant information.

iii) Price Bid shall have only prices as per schedule of Rates.

iv) Techno-commercial bid and price bid shall be enclosed in two separate envelopes with the subject job, type of bid, bidders name

super-scribed on top. Both these envelopes shall be sealed in a common envelope and submitted as specified above and in

covering letter. (This will not be applicable in the case of e-tenders)

4.1 The tenders, as submitted shall include all documents/details asked for by BPCL in the RFQ/Tender enquiry.

4.2 All pages to be initialed:

Wherever signed tender documents are submitted, all signatures in the documents shall be dated, as well as all the pages of the

documents shall be initialed at the lower right hand corner and signed wherever required in the tender papers by the tenderer or by

a person holding power of attorney authorizing him to sign on behalf of the tenderer before submission of tender. Tenders without

signatures as stated above are liable to be rejected.

4.3 Rates to be in Figures and Words:

The tenderer should quote the rates in English both in figures as well as in words. Offers received without the rates in figures and

in words are liable for rejection. In case of discrepancy exists between the rate quoted in figures and in words, the rates quoted in

words will prevail.

4.4 Corrections and Erasures:

All corrections and alteration in the entries of tender papers will be signed in full by the tenderer with date. No erasures or over-

writings are permissible.

In case of priced bids containing overwriting/cuttings/erasures in the quoted rates and in case these are not attested by the signatory

of the bid, such priced bids are liable to be rejected without giving any further notice.

4.5 Signature of Tenderer:

The tender shall contain the name, residence and place of business of person or persons making the tender and shall be signed by

the tenderer with his usual signature with company stamp. Partnership firms shall furnish the full names of all partners in the

tender. It should be signed in the partnership name by all the partners or by duly authorized representative followed by the name

and designation of the person signing with company stamp.

Tender by Company or Corporation registered under the relevant companies act, shall be signed by the authorized representative

and a power of attorney in that behalf shall accompany the tender.Transfer of tender documents issued to one intending tenderer

to another is not permissible.

5 PURCHASE PREFERENCE:

Owner reserves its right to allow Public Sector Enterprises (Central/State), purchase preference as admissible/applicable from time

to time under the existing Govt. policy. Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared

to L1 Vendor at the time of evaluation of the price bid.

Owner reserves its right to allow Micro and Small Enterprises (MSEs), MSEs owned by Women Entrepreneurs and MSEs owned

by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs, purchase preference as admissible/applicable from time to

time under the existing Govt. policy. Purchase preference to a MSE, a MSE owned by women entrepreneurs and a MSE owned

by SC/ST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L1 Vendor at the time of

evaluation of the price bid.

6 (a) EARNEST MONEY: Earnest Money Deposit is applicable for works costing Rs.5 lakhs and above.

The tenderer must submit/ deposit earnest money, if specified in the RFQ/Tender enquiry, failing which the tender is liable to be

rejected. Earnest Money Deposit shall be submitted in the form of crossed Demand Draft in favour of “Bharat Petroleum Corporation

Ltd.” / Electronic Funds Transfer to BPCL Bank Account / Bank Guarantee executed by any Scheduled Bank approved by Reserve

Bank of India (as per Proforma provided in Annexure). Earnest Money Deposit (EMD) shall be valid for a period of 6 (Six) months

from the due date of opening of Techno-commercial Bids and shall be submitted from any Indian Scheduled Commercial Bank /

Indian Branch of Foreign Bank. EMD submitted by foreign vendors shall be in USD / EURO only.

In case of limited tender, Earnest Money deposit (EMD) is not applicable for registered contractors of BPCL.

NOTE : Exemption of Bidding Document fee and EMD will be applicable for Micro and Small Enterprises (MSEs) registered with

District Industries Centres (DIC) or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board

or National Small Industries Corporation (NSIC) or Directorate of Handicraft and Handloom or MSEs having Udyog Aadhaar

Memorandum or any other body specified by Ministry of Micro, Small and Medium Enterprises. Such bidder shall submit Self attested

copy of the certificate, valid upto validity of the offer, indicating that their registration includes the items/works under tender. The

registration certificate should remain valid during the period of the contract that may be entered into such successful bidder. Such

tenderers should ensure validity of the Registration Certificate for the purpose.

NOTE: No interest shall be paid by the Owner on the earnest money deposit by the tenderer. The earnest money of the unsuccessful

tenderer will be refunded after the completion of BQC evaluation / Technical Evaluation / Priced Bid Evaluation as applicable.

(b) CONVERSION OF EMD TO SECURITY DEPOSIT:

The earnest money deposit (EMD) of the contractor whose tender may be accepted, if paid in forms other than Bank Guarantee, can

be converted to security deposit for due performance of the contract if the contractor so desires. The “performance security

deposit/retention money” vide clause 18 shall also be applicable limiting to a maximum of 5% of the contract value.

7 (a) BID VALIDITY:

Tender submitted by tenderers shall remain valid for acceptance for a period of four months from the date of opening of the tender

(Technical Bid in the case of two bid). The tenderer shall not be entitled during the said period of four months, without the consent

in writing of the Owner, to revoke, or cancel his tender or vary the tender given or any term thereof. In case of tenderer revoking

or canceling his tender, varying any terms in regard thereof without the consent of Owner in writing, appropriate penal action will

be taken by BPCL as deemed fit including putting the tenderer/contractor on ‘Holiday listing’/’Delisting’ barring the

tenderer/contractor from participating in future tenders for an appropriate period from the date of revocation/cancellation/varying

the terms. Further in the case of contractors who are not registered with BPCL, the earnest money deposited by him will be

forfeited. Once the quotation is accepted the rates quoted shall be firm till the entire work is completed.

(b) LANGUAGE OF BID:

The Bid, all correspondence and documents relating to the bid, between Bidder and BPCL, shall be written in English language only.

Any supporting document furnished by Bidder may be written in other language provided that this literature is accompanied by an

authenticated English translation in which case, for purpose of interpretation of the Bid, the English translation shall govern.

8 ADDENDA / CORRIGENDA:

Addenda/ Corrigenda to the tender documents may be issued prior to the date of opening of the tenders to clarify documents or to

effect modification in the design or tender terms. All addenda/corrigenda issued shall become part of tender Document.

9 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER:

9.1 The right to accept the tender will rest with the Owner. The Owner, however, does not bind itself to accept the lowest tender, and

reserves to itself the authority to reject any or all the tenders received without assigning any reason whatsoever.

9.2 The whole work may be split up between two or more contractors or accepted in part and not entirely if considered expedient.

9.3 Tenders in which any of the particulars and prescribed informations are missing or are incomplete in any respect and/or the prescribed

conditions are not fulfilled are liable to be rejected.

9.4 Canvassing in connection with tenders is strictly prohibited and tenders submitted by the tenderer who resort to canvassing will be

liable to rejection.

9.5 Tender containing uncalled remarks or any additional conditions are liable to be rejected.

10 (a) INTEGRITY PACT (IP):

Vendors are requested to sign & return our pre-signed IP document, if applicable. This document is essential & binding. Vendor's

failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further

(b) HOLIDAY LISTING:

The vendors / contractors are expected to adopt the ethics of highest standards and a very high degree of integrity, safety and quality

consciousness, commitment and sincerity towards the work undertaken and dealing with BPCL in such matters. Also, while

participating in the tender and performing the contracts, Contractors are required to meet certain performance criteria and adherence

to the terms and conditions of the tender / contract. BPCL shall have the right to remove from the list of approved suppliers /

contractors or to ban business dealings, if any agency has been found to have committed misconduct or fraud or poor performance

or anything unethical not expected from a reputed agency. The guidelines and procedures for Holiday Listing as adopted by BPCL

and available separately in BPCL website shall be applicable in the context of all tenders floated and consequently, all Orders /

Contracts / Purchase Orders placed, by BPCL. It can be accessed using the following link:

http://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf.

(c) FOREIGN BIDDERS:

It is mandatory for the foreign bidder to furnish the documents for the compliance to requirement of PAN No. , Tax Residency

Certificate and Form No.10F (applicable for foreign bidder in case of services in India is required as per scope of bidding document)

as per Income Tax Act in case his receipts are subject to tax deduction at source in India:

PAN as per the Indian Income Tax requirements shall be submitted, failing which the Supplier/Contractor/Consultant shall be

responsible for any additional tax deduction at source as per the provisions of the Indian Income Tax Act/Rules and the same shall

be deducted from the payment made to supplier/contractor/consultant.

(ii) Tax Residency Certificate (TRC)

TRC containing prescribed particulars as per the Annexure from the Government of foreign country in order to claim the benefits of

DTAA as per the Indian Income Tax requirements shall be submitted, failing which the relief under DTAA will not be available and

consequently the actual rate of withholding tax will be applicable and deducted from the payment made to

supplier/contractor/consultant (i.e., non-resident taxpayer). The TRC shall be duly verified by the Government of the country of

which the assessee claims to be a resident for the purposes of tax.

In additional to TRC, in order to claim the benefits of DTAA, bidder shall also submit additional information in form no. 10F as per

Annexure. Form 10F has to be signed & verified by the assessee himself.

The above shall be furnished before release of any payment or within one month of the release of Order, whichever is earlier. In

case of failure to submit the above information, any additional tax liability on Owner, will be deducted from the payment due to

the contractor.

11 COLLECTION OF DATA TENDERER’S RESPONSIBILITY & TIME SCHEDULE:

The tenderer shall visit the site and acquaint himself fully of the site and no claims whatsoever will be entertained on the plea of

ignorance or difficulties involved in execution of work or carriage of materials.

The time period allowed for carrying out the job shall be as shown in tender document. Request for revision for time schedule after

tenders are opened will not be received for consideration.

12 RETIRED GOVERNMENTS OR COMPANY OFFICER:

No Engineer of Gazetted rank or other Gazetted Officer, employed in Engineering or Administrative duties in an Engineering

Department of the States/Central Government or of the Owner is allowed to work as a Contractor for a period of two years after

his retirement from Government service or from the employment of the Owner without the previous permission of the Owner. The

contract, if awarded, is liable to be cancelled if either the contractor or any of his employees is found at any time to be such a

person, who had not obtained the permission of the State/ Central Government, or of the Owner as aforesaid before submission of

tender, or engagement in the Contractor’s service as the case may be.

13 SIGNING OF THE CONTRACT:

The successful tenderer shall be required to execute an agreement in the proforma attached with tender enquiry within a period of

one month of the receipt by him of the notification of acceptance of tender. The payment will not be processed till the time the

agreement is executed.

14 (a) FIELD MANAGEMENT:

The field management will be the responsibility of the Engineer-in-Charge, who will be nominated by the Owner. The Engineer-in-

Charge may also authorize his representatives to perform his duties and functions.

Coordination of Work - The Engineer-in-Charge shall coordinate the work of various agencies engaged at site to ensure minimum

disruption of work carried out by different agencies. It shall be the responsibility of the contractor to plan and execute strictly in

accordance with the site instructions to avoid hindrance to the works being executed by other agencies.

14 (b) CONSULTANCY CONTRACTS:

This General Conditions of Contract (GCC) will be binding for Consultancy jobs only to the extent of its applicability to the context

of consultancy jobs.

INTERPRETATION OF CONTRACT DOCUMENTS

15 INTERPRETATION OF CONTRACT DOCUMENT:

15.1 Except if and to the extent otherwise provided by the Contract, the provisions of the General Conditions of Contract and special

conditions shall prevail over those of any other documents forming part of the contract. Several documents forming the contract

are to be taken as mutually explanatory. Should there be any discrepancy, inconsistency, error or omission in the contract or any

of the matter may be referred to Engineer-in-Charge, who shall give his decisions and issue to the Contractor instructions directing

in what manner the work is to be carried out. The decision of the Engineer-in-Charge shall be final and conclusive and the

contractor shall carry out work in accordance with this decision.

15.2 Works shown upon the drawing but not mentioned in the specifications or described in the specification without being shown on

the drawings shall nevertheless be held to be included in the same manner as if they had been specifically shown upon the drawings

and described in the specifications.

15.3 Headings and marginal notes to the clauses of these General Conditions of Contract or to specifications or to any other tender

document are solely for the purpose of giving a concise indication and not a summary of the content thereof, and they shall never

be deemed to be part thereof or be used in the interpretation or construction thereof of the Contract.

16.4 Singular and Plural:

In these contract documents unless otherwise stated specifically, the singular shall include the plural and vice-versa wherever the

context so requires. Words indicating persons shall include relevant incorporated companies/ registered as associations/ body of

individual/ firm or partnership.

16 SPECIAL CONDITIONS OF CONTRACT:

16.1 Special Conditions of contract shall be read in conjunction with the General Conditions of Contracts, specification of work,

Drawings and any other documents forming part of this contract wherever the context so requires.

16.2 Notwithstanding the sub-division of the documents into these separate sections and volumes every part of each shall be deemed

to be supplementary to and complementary of every other part and shall be read with and into the contract so far as it may be

practicable to do so.

16.3 Where any portion of the General Conditions of Contract is repugnant to or at variance with any provisions of the Special

Conditions of Contract then, unless a different intention appears the provisions of the Special Conditions of Contract shall be

deemed to over-ride the provision of the General Conditions of Contract and shall to the extent of such repugnance or variations,

16.4 Wherever it is mentioned in the specifications that the Contractor shall perform certain work or provide certain facilities, it is

understood that the contractor shall do so at his own cost.

16.5 The materials, designs and workmanship shall satisfy the relevant Indian Standards, the Job specifications contained herein and

codes referred to. Where the job specifications stipulate requirements in addition to those contained in the standard codes and

specifications, these additional requirements shall also be satisfied.

17 CONTRACTOR TO OBTAIN HIS OWN INFORMATION:

The contractor in fixing rate shall for all purposes whatsoever be deemed to have him self independently obtained all necessary

information for the purpose of preparing his tender. The contractor shall be deemed to have examined the Contract Documents,

to have generally obtained his own information in all matters whatsoever that might affect the carrying out the works at the

scheduled rates and to have satisfied himself to the sufficiency to his tender. Any error description of quantity or omission there

from shall not vitiate the contract or release the Contractor from executing the work comprised in the contract according to drawing

and specifications at the scheduled rates. He is deemed to have known the scope, nature and magnitude of the works and the

requirements of materials and labour involved etc. and as to what all works he has to complete in accordance with the contract

documents whatever be the defects, omissions or errors that may be found in the Contract Documents. The Contractor shall be

deemed to have visited surrounding to have satisfied himself to the nature of all existing structures, if any, and also as to the nature

and the conditions of the Railways, roads, bridges and culverts means of transport and communications, whether by land, water or

air, and as to possible interruptions thereto and the access to and regress from the site, to have made enquiries, examined and

satisfied himself as to the sites for obtaining sand, stones, bricks and other materials, the sites for disposal of surplus materials the

available accommodation as to whatever required, depots and such other building as may be necessary for executing and

completing the works, to have made local independent enquiries as to the sub-soil water and variations thereof, storms, prevailing

winds, climate conditions and all other similar matters affecting these works. He is deemed to have acquainted himself as to his

liability for payment of Government taxes, customs duty and other charges.

Any neglect or failure on the part of the Contractor in obtaining necessary and reliable information upon the foregoing or any other

matters affecting the contract shall not relieve him from any risk or liabilities or the entire responsibility from completion of the

works at the scheduled rates and time in strict accordance with the contract documents.

No verbal agreement or inference from conversation with any officer or employee of the owner either before or after the execution

of the contract agreement shall in any way affect or modify any of the terms or obligations herein contained.

18 PERFORMANCE SECURITY DEPOSIT/RETENTION MONEY:

18.1 To ensure performance of the contract and due discharge of the contractual obligations, the successful contractor will have to

provide security deposit of 3% of the basic value of contract unless otherwise specified in the Special Conditions of Contract.

Amount received/retained towards this clause will be considered as security deposit.

This Security deposit may be furnished in the form of an Account payee Demand Draft payable to BPCL or Bank Guarantee in

the prescribed format. The contractor shall have the option to adjust any Earnest Money Deposit- (EMD) if paid by demand draft

towards security deposit if he so desires or otherwise if submitted by way of bank guarantee the validity of the same to be extended

suitably as advised by BPCL.

In the case of security deposit submitted in the form of Bank guarantee, the Bank Guarantee shall be valid and remain in force till

the contractual completion period (expiry of the defect liability period- refer clause-74, if applicable) and with a claim period of

six months thereafter. The Bank Guarantee shall be in the form prescribed.

In case the successful contractor is not furnishing the performance security deposit as referred above on award of the job, the same

shall be deducted from each running account bills at the rate of 10% of bill value till overall security deposit of 10% as mentioned

above is collected.

The security deposit will be retained till the successful completion of the work and thereafter till the expiry of the defect liability

period (refer clause-74), if applicable. This retention money/Bank guarantee held shall be released after the expiry of the defect

liability period provided that any defects appearing during that period are corrected by the contractor and subject to Clause

In the case of value/rate/quantity contracts, the security deposit shall be based on individual release orders issued. In case of LSTK

(Lump Sum Turnkey Contracts) / EPC: PBG @ 10% within 15 days of notification of award. In case of Annual Rate Contracts

(ARCs): Submission of PBG @ 10% of Total Contract Value (TCV) or submission of initial security deposit @ 2.5% of TCV within

15 days of notification of award. In cases where only 2.5% of TCV has been submitted, 7.5% of individual release order shall be

subsequently deducted from RA bills.

Vendors/contractors shall be asked to submit the SD within 15 days from the date of notification of award and in the event of delay

in submission of SD, the contract can be terminated. However, if termination of contract is not in the interest of the work/ BPCL, an

additional time up to 30 days can be allowed for submission of SD depending on merits of each case, beyond which the contract

may be terminated with subsequent actions following termination as per tender/procedure.

18.2 If the contractor/ sub-contractor or their employees shall break, deface or destroy any property belonging to the Owner or other agency

during the execution of the contract, the same shall be made good by the Contractor at his own expenses and in default thereof,

the Engineer-in-Charge may cause the same to be made good by other agencies and recover expenses from the contractor (for

which the certificate of the Engineer-in-Charge shall be final). These expenses can be recovered from the security deposit/retention

money if recovery from other sources is not possible.

18.3 All compensation or other sums of money payable by the contractor to the Owner under terms of this contract may be deducted from his

security deposit/retention money or from any sums which may be or may become due to the contractor by the Owner on any

account whatsoever and in the event of his security deposit/retention money being reduced by reasons of any such deductions. The

contractor shall within ten days thereafter make good any sum or sums, which may have been deducted from his security

Deposit/retention money. No interest shall be payable by the Owner from sum deposited as security deposit/retention money.

18.4 The security deposit shall be held by the Owner, as security for the due performance of the Contractor’s obligations under the contract,

provided that nothing herein stated shall make it incumbent upon the Owner to utilize the security deposit/retention money in

preference to any other remedy which the Owner may have, nor shall be construed as confining the claims of the Owner against

the contractor to the quantum of the Security Deposit/retention money.

18.5 The Bank guarantee if submitted shall be from any Indian scheduled bank or an international bank of repute having a branch in India or

a corresponding banking relationship with an Indian scheduled bank. The security deposit/retention money shall be in Indian

Rupee in the case of domestic bidders and in US Dollars/EUROS in the case of foreign bidders.

18.6 Process for submitting Bank Guarantee / PBG under SFMS (Structured Financial Messaging System) mode as follows:

Contractors shall insist their Bank on issuance of SFMS Bank Guarantee for faster payments. Contractors shall provide

BPCL's Bank Account No. & IFSC Code (Details given below) to their Bank as beneficiary at the time of application for Bank

Guarantee in favor of BPCL. Issuing Bank shall issue the Bank Guarantee & send SFMS message to BPCL's Bank confirming the

authenticity of Bank Guarantee who in turn shall send the confirmation to BPCL.

Name of Bank: State Bank of India

Branch :CAG Branch, Mumbai

IFSC Code: SBIN0009995

SFMS BG will help in faster verification of BGs and prompt release of payments to contractors.

19 TIME OF PERFORMANCE:

19.1 The work covered by this contract shall be commenced as detailed in the purchase order or as per the instructions of the Engineer

in charge and be completed in stages on or before the dates as mentioned in the time schedule of completion of work. The contractor

should bear in mind that time is the essence of this agreement unless such time be extended pursuant to the provision of clause

No. 21. Request for revision of Completion time after tenders are opened will not receive consideration.

19.2 Time Schedule of Completion: The general time schedule of completion is given in the tender document. Contractor should prepare

a detailed monthly and weekly execution programme, jointly with the Engineer-in-Charge within two weeks of receipt of Letter

of Intent or acceptance of tender. The work shall be executed strictly as per the time schedule given in this document. The period

of completion given includes the time required for testing, rectifications, if any, retesting and completion in all respects to the

entire satisfaction of the Engineer-in-Charge.

20 FORCE MAJEURE

Circumstances leading to force majeure

(a) Act of terrorism;

(b) Riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection

of military or usurped power;

(c) Ionising radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear

fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component;

(d) epidemics, earthquakes, flood, fire, hurricanes, typhoons or other physical natural disaster, but excluding weather conditions

regardless of severity; and

(e) freight embargoes, strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country

where Works are performed, and which affect an essential portion of the Works but excluding any industrial dispute which is

specific to the performance of the Works or the Contract.

For the avoidance of doubt, inclement weather, third party breach, delay in supply of materials (other than due to a nationwide

transporters’ strike) or commercial hardship shall not constitute a Force Majeure event.

• Notification of Force Majeure

Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an

event of Force Majeure giving full particulars of the event of Force Majeure and the reasons for the event of Force Majeure preventing

the Affected Party from, or delaying the Affected Party in performing its obligations under the Contract.

• Right of either party to terminate

If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous

period of 365 (three hundred sixty five) days after notice has been given under this clause, either Party may terminate the Contract

by issuing a written notice of 30 (thirty) days to the other Party.

• Payment in case of termination due to Force Majeure

The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure.

The Contractor has no entitlement and Owner has no liability for:

a) Any costs, losses, expenses, damages or the payment of any part of the Contract Price during an event

of Force Majeure; and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure. Time

extension for such cases will be worked out appropriately.

21 EXTENSION OF TIME:

If the contractor shall desire an extension of the time for completion of the work on the grounds of his having been unavoidably

hindered in its execution or on any other grounds, he shall apply in writing to the Engineer-in-Charge within two weeks of the date

of hindrance on account of which he desires such extension as aforesaid, and the Engineer-in-Charge shall if in his opinion (which

shall be final), reasonable grounds have been shown thereof, authorize such extension of time as may in his opinion be necessary

In the event of extension of Time of the contract, if granted, the contractor shall be required to suitably extend the period of Bank

Guarantee if submitted, towards security Deposit/retention money suitably.

22. LIQUIDATED DAMAGES FOR DELAY:

22.1 Time is the essence of the contract. In case the contractor fails to complete the whole work within the stipulated period, he shall

be liable to pay liquidated damages of 0.5% of the basic value of contract per week and or part thereof of the delay subject to a

maximum of 5% of the value of the contract. The parties agree that this is a genuine pre- estimate of the loss/damage which will

be suffered by the owner on account of delay on the part of the contractor and the said amount will be payable on demand without

there being any proof of the actual loss or damages having been caused by such delay/breach. The owner shall be at liberty to

adjust or deduct the said amount of liquidated damages from any amount due to the contractor including Security Deposit. In case

where the concluded contract value is different from the original contract value due to the change orders/variation in executed

quantities/extension of time, etc., the concluded contract value should be considered for recovery of Liquidated Damages for late

delivery/delayed completion.

22.2 The owner shall be at liberty to deduct or retain from any amount payable to the contractor periodically, the proportionate or full

amount of liquidated damages as the case may be for the delay periodically caused by the contractor.

23 SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS REASONABLE COMPENSATION WITHOUT

REFERENCE TO ACTUAL LOSS:

All sums payable by way of compensation under any of the conditions shall be considered as reasonable compensation without

reference to the actual loss or damage, which shall have been sustained by the Owner.

24 TERMINATION/OFFLOADING:

24.1 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/owner. 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.

24.2 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/owner 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

25. FORFEITURE OF SECURITY DEPOSIT:

Whenever any claim against the Contractor for the payment of a sum of money arises out of or under the contract, the Owner shall

be entitled to recover such sum by appropriating in part or whole, security deposit of the contractor, forming whole or part of such

security being insufficient or if no security has been taken from the Contractor then the balance or the total sum recoverable, as

the case may be, shall be deducted from any sum then due or which at any time thereafter may become due to the Contractor. The

contractor shall pay to the owner on demand any balance remaining due.

26 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED:

In any case in which, under any clause or clauses of this contract, the contractor shall have forfeited the whole of his security

deposit (whether paid in one sum or deducted by installment) or have committed a breach of any of the terms contained in this

contract, the owner shall have power to adopt any of the following courses as he may deem best suited to his interest:

a) To rescind the contract (of which rescission notice in writing to the contractor under the hand of the owner shall be

conclusive evidence) in which case the security deposit of the contractor shall stand forfeited and be absolutely at the

disposal of the Owner.

b) To employ labour paid by the owner and to supply materials to carry out the work any part of the work, debiting

contractor with the labour cost of tools and plants and equipment charges, the cost of the materials for which a certificate

of the Engineer-in-Charge shall be final and conclusive against the Contractor and 10% of costs as above to cover all

departmental charges and crediting him with the value of the work done in all respects in the manner and at the same

rates as if it had been carried out by the Contractor under the term of his contract. The certificate of Engineer-in-Charge

as to the value of the work done shall be

final and conclusive against the contractor.

c) To measure up the work of the contractor and to take such part thereof as shall be unexecuted out of his hand to give it

to another contractor to complete in which case any expenses which may be incurred in excess of the sum which would

have been paid to the original contractor, if the whole work had been executed by him (of the amount of which excess,

the certificate in writing of the Engineer-in-Charge shall be final and conclusive) shall be borne and paid by the original

contractor and may be deducted from any money due to him by the Owner under the contract or otherwise or from his

security deposit or from the proceeds of sale thereof, of a sufficient part thereof.

In the event of any of the above course being adopted by the Owner, the contractor shall have no claim to compensation

for any loss sustained by him by reason of his having purchased or procured any materials or entered into any

agreements or made any advances on account of or with a view to the execution of the work of the performance of the

contract. In case the Contractor shall not be entitled to recover or be paid any sum for any work actually performed

under this contract unless the Engineer-in- Charge will certify in writing the performance of such work and the value

payable in respect thereof and he shall only be entitled to be paid the value so certified.

27 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT TAKEN UNDER CLAUSE 26:

In any case in which any of the powers conferred upon the owner by clause 26 thereof shall have become exercisable and the same

had not been exercised, the non exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall

notwithstanding be exercised in the event of any further case of default by the contractor for which any clause of hereof he is

declared liable to pay compensation amounting to the whole of his security deposit and the liability of the contractor for past and

future compensation shall remain unaffected. In the event of the Owner putting in force the power under sub-clause (a), (b) or (c)

vested in him under the proceeding clause he may, if he so desires takes possession of all or any tools and plants materials and

stores in or upon the works or the site thereof belonging to the contractor or procured by him and intended to be used for the

execution of the work or any part thereof paying or allowing for the same in account at the contract rates or in case of these not

being applicable at current market rates to be certified by the Engineer-in-Charge whose certificate thereof shall be final otherwise

the Engineer-in-Charge may give notice in writing to the contractor or his clerk of the works, supervisor or other authorized agent,

requiring him to remove such tools, plant, materials or stores from the premises (within a time to be specified in such notice) and

in the event of the contractor failing to comply with any such requisition, the Engineer-in-Charge may remove them at the

contractors expense or sell them by auction or private sale on account of the contractor and at his risk in, all respects without any

further notice as to the date, time or place of sale and the certificate of the Engineer-in-Charge as to the expense of any such

removal and the amount of proceeds and any expenses of any such sale shall be final and conclusive against the contractor.

28 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK:

If at any time from the commencement of the work the owner shall for any reasons whatsoever, not require the whole or part

thereof as specified in the tender to be carried out, the Engineer-in-Charge shall give notice in writing of the fact to the contractor,

who shall have no claim to any payment or compensation whatsoever on account of any profit or advantage which he might have

derived from the execution of the work in full, but which he did not derive in consequence of the full amount of the work not

having been carried out, neither shall he have any claim for compensation by reason of any alterations having been made in the

original specifications, drawings, designs and instructions which shall involve any curtailment of the work as originally

29 CHANGES IN CONSTITUTION:

Where the contractor is a partnership firm, the prior approval, in writing, of the Owner shall be obtained before any change is made

in the constitution of the firm, where the contractor is an individual or a Hindu undivided family business concern, such approval

as aforesaid shall likewise be obtained before sub-contractor enters into any agreement with other parties, where under the

reconstituted firm would have the right to carryout the work hereby undertaken by the contractor. In either case if prior approval

as aforesaid is not obtained, the contract shall be deemed to have been allotted in contravention of clauses 35 hereof and the same

action may be taken and, the same consequence shall ensure as provided in the said clause.

30 IF THE CONTRACTOR DIES:

Without prejudice to any of the rights or remedies under his contract, if the contractor dies, the Owner shall have the option of

terminating the contract without compensation to the contractor.

31 EMPLOYEES OF THE OWNER NOT INDIVIDUALLY LIABLE:

No director or official or employee of the Owner shall in any way be personally bound or liable for the acts or obligations of the

Owner under the contract or answerable for any default or omission in the observance or performance of any of the acts, matters

or things which are herein contained.

32 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS:

The contractor shall not be entitled to any increase on the item rates of the contract or any other right or claim whatsoever by

reason of representation, explanation or statement or alleged representation, promise or guarantees given or alleged to have been

given to him by any person.

33 CONTRACTOR’S OFFICE AT SITE:

The contractor shall provide and maintain an office at the site, if space provided by the owner, for the accommodation of his agent

and staff and such office shall be open at all reasonable hours to receive instruction, notices, or other communications.

34 CONTRACTOR’S SUBORDINATE STAFF AND THEIR CONDUCTS:

34.1 The contractor, on or after award of the work shall name and depute a qualified personnel having sufficient

experience in carrying out work of similar nature to whom the equipments materials, if any, shall be issued and

instructions for works given. The contractor shall also provide to the satisfaction of the Engineer-inCharge sufficient

and qualified staff to supervise the execution of the-works, competent sub-agents, supervisor and leading hands

including those specially qualified by previous experience to supervise the type of works comprised in the contract in

such manner as will ensure work of the best quality, expeditious working. Whenever in the opinion of the Engineer-

in-Charge, additional properly qualified supervision staff is considered necessary, they shall be employed by the

contractor without additional charges on account thereof. The Contractor shall ensure to the satisfaction of the

Engineer-in- Charge that sub-contractors, if any shall provide competent and efficient supervision over the work

entrusted to them.

34.2 If and whenever any of the Contractor’s or sub-contractor’s agents, sub-agents, assistants supervisor or other employees shall in

the opinion of Engineer-in-Charge be guilty of any misconduct or be incompetent or insufficiently qualified or negligent in the

performance of their duties or that in the opinion of the owner or Engineer-in-Charge, it is undesirable for administrative or any

other reason for such person or persons to be employed in the works, the contractor, if so directed by the Engineer-in- Charge,

shall at once remove such person or persons from employment thereon. Any person or persons so removed from the works shall

not again be employed in connection with the works without the written permission of the Engineer-inCharge. Any person so

removed from the works shall be immediately replaced at the expense of the contractor by a qualified and competent substitute.

Should the contractor be requested to repatriate any person removed from the works he shall do so and shall bear all costs in

connection herewith.

34.3 The contractor shall be responsible for the proper behaviour of all the staff, supervisor, workmen and others and shall exercise a

proper degree of control over them and in particular, and without prejudice to the said generality, the contractor shall be bound

to prohibit and prevent any employees from trespassing or acting in any way detrimental or prejudicial to the interest of the

community or of the properties or occupiers of land and properties in the neighborhood and in the event of such employee so

trespassing, the contractor shall be responsible therefore and relieve the Owner of all consequent claims or actions for damages

or injury or any other grounds whatsoever. The decision of the Engineer-in-Charge upon any matter arising under this clause shall

be final. Contractor shall ensure that none of their employees are ever engaged in any anti-national activities.

34.4 All contractor’s personnel entering upon the Owner’s premises shall be properly identified by badges issued by owner which

must be worn all times on Owner’s premises.

35 SUB-LETTING OF WORK:

Sub letting of contracts shall not be generally permitted. However owner may permit sub letting of work on specific cases subject to

the following:-

i) No part of the contract nor any share of interest there shall in any manner or degree be transferred assigned sublet by the

contractor directly or indirectly to any firm or corporation whosoever except as provided for in the succeeding sub-clause,

without the consent in writing of the Owner.

ii) Sub Contractors for Temporary Works Etc.:- The Owner may give written consent to sub-contract for execution of any part

of the works at the site, being entered into by the contractor provided each individual sub-contract is submitted to the

Engineer-in-Charge before being entered into and is approved by him.

iii) List of Sub-Contractors to be supplied: - At the commencement of every month the contractor shall furnish to the Engineer-

in-Charge list of all sub-contractors or firms engaged by the contractor and working at the site during the previous month

with particulars of the general nature of the sub-contract or works.

iv) Contractor’s Liability Not Limited By Sub-Contractors:- Notwithstanding any sub-letting with such approval as aforesaid

and notwithstanding that the Engineer-in-Charge shall have received copies of any sub-contracts, the contractor shall be and

shall remain solely responsible for the quality and proper and expeditious execution of the works and the performance of all

the conditions of the contract in all respects as if such sub-letting or subcontracting had not taken place and as if such work

had been done directly by the Contractor.

v) Owner may Terminate Sub-Contracts:- If any sub-contractor engaged upon the works at the site executes any work which in

the opinion of the Engineer-in-Charge is not in accordance with the Contract documents, the owner may by written notice to

the contractor request him to terminate such sub-contract and the contractor upon the receipt of such notice shall terminate

such sub contract and the latter shall forthwith leave the works, failing which the owner shall have right to remove such sub-

contractors from the Site. vi) No Remedy For Action Taken Under This Clause:- No action taken by the owner under the

clause shall relieve the contractor of any of his liabilities under the contract or give rise to any right to compensation,

extension of time or otherwise failing which, the owner shall have right to remove such sub-contractors from the Site.

36 POWER OF ENTRY:

If the contractor shall not commence the work in the manner previously described in the contract document or if he shall, at any time

in the opinion of the Engineer-in-Charge.

i. Fail to carryout the works in conformity with the contract documents, or

ii. Fail to carryout the works in accordance with the time schedule, or

iii. Substantially suspend work or the works for a period of Fourteen days without authority from the

Engineer-in-Charge, or iv. Fail to carryout and execute the works to the satisfactions of the

Engineer-in-Charge, or

v. Fail to supply sufficient or suitable constructional equipments, temporary works, labour materials or things, or

vi. Commit or suffer or permit any other breach of any of the provisions of the contract on his part to be performed or

observed or persist in any of the above mentioned breaches of the contract for the fourteen days, after notice in writing

shall have been given to the Contractor by the Engineer-in-Charge requiring such breach to be remedied, or

vii. Abandon the works, or

viii. During the continuance of the contract, become bankrupt, make any arrangement or composition with his creditors,

or permit any execution to be levied or go into liquidation whether compulsory or voluntary not being merely a

voluntary liquidation for the purpose of amalgamation or reconstruction.

Then in any such case, the Owner shall have the power to enter upon the works and take possession thereof and of the materials,

temporary works, constructional equipment, and stock thereon, and to revoke the contractor’s license to use the same, and to

complete the works, by his agents, other contractor or workmen, or to re-let the same upon any terms and to such other person

firm or corporation as the Owner in his absolute discretion may think proper to employ and for the purpose aforesaid to use or

authorize the use of any materials, temporary works constructional equipment, and stock as aforesaid without making payment or

allowances to the contractor for the said materials other than such as may be certified in writing by the Engineer-in-Charge to be

reasonable, and without making any payment or allowance to the contractor for the use of the temporary said works, constructional

equipments and stock or being liable for any loss of damage thereto, and if the Owner shall by reason of his taking possession of

the works or of the works being completed by other contractors (due account being taken of any such extra work or works which

may be omitted) then the amount of such excess as certified by the Engineer-in- Charge shall be deducted from any money which

may be due for work done by the contractor under the contract and not paid for. Any deficiency shall forthwith be made good and

paid to the Owner by the contractor and the Owner shall have power to sell in such manner and for such price as he may think fit

all or any of the constructional equipment, materials etc. belonging to and to recoup and retain the said deficiency or any part

thereof out of the proceeds of the sale.

37 CONTRACTORS RESPONSIBILITY WITH OTHER AGENCIES:

Without repugnance to any other condition, it shall be the responsibility of the contractor executing the work of civil construction,

to work in close co-operation and co-ordinate the works with other contractors or their authorized representatives and the contractor

will put up a joint scheme, showing the arrangements, with other contractors / agencies for carrying his portion of work to the

Engineer-in-Charge, and get the approval. The contractor before finally submitting the schemes to the Engineer-in-Charge shall

have the written agreement of the other agencies. The Engineer-in-Charge before communicating his approval of the scheme, with

any required modifications shall get the final agreement of all the agencies, which shall be binding. No claim shall be entertained

on account of the above. The contractor shall conform in all respects with the provisions of any statutory regulations, ordinances

or by laws of any local or duly constituted authorities or public bodies which may be applicable from time to time to the works or

any temporary works. The contractor shall keep the Owner Indemnified against all penalties and liabilities of every kind arising

out of non-adherence to such statutes ordinances, laws, rules, regulations, etc.

38 OTHER AGENTS AT SITE:

The contractor shall have to execute the work in such place and condition where other agencies might also be engaged for other

works such as site grading, filling and leveling, electrical and mechanical engineering works etc. No claim shall be entertained to

works being executed in the above circumstances.

Any notice hereunder may be served on the contractor or his duly authorized representative at the job site or may be served by

registered mail direct to the address furnished by the Contractor. Proof of issue of any such notice could be conclusive of the

contractor having been duly informed of all contents therein.

40 RIGHTS OF VARIOUS INTERESTS:

i) The Owner reserves the right to distribute the work between more than one contractor. The contractor shall co- operate and

afford other contractors reasonable opportunity for access to the works for the carriage and storage of materials and execution of

ii) Whenever the work being done by any department of the Owner or by other contractors employed by the Owner is contingent

upon work covered by the contract, the respective rights of the various interests involved shall be determined by the Engineer-in-

Charge to secure the completion of the various portions of the work in general harmony.

41 RIGHT OF OWNER TO DETERMINE / TERMINATE CONTRACT

i) Owner shall, at any time be entitled to determine and terminate the contract, if in the opinion of the Owner the cessation of the

work becomes necessary owing to paucity of funds or for any other cause whatsoever, in which case, the cost of approved materials

at the site at current market rates as verified and approved by Engineer-in- Charge and of the value of the work done to date by the

contractor shall be paid for in full at the rates specified in the contract. A notice in writing from the Owner to the contractor of

such determination and termination and the reason thereof, shall be the conclusive proof of the fact that the contract has been so

determined and terminated by the Owner.

ii) Should the contract be determined under sub-clause (i) of this clause and the contractor claims payments to compensate expenditure incurred by him

in the expectation of completing the whole of the work, the Owner shall consider and admit such claim as are deemed fair and

reasonable and are supported by vouchers to the satisfaction of the Engineer-in-Charge. The Owner’s decision on the necessity

and propriety of any such expenditure shall be final and conclusive and binding on the contractor.

42 TERMINATION FOR CONVENIENCE :

BPCL shall, in addition to any other right enabling it to terminate the contract, have the right to terminate the contract at any time by

giving prior written notice of at least 14 days to the contractor. Such termination shall be without prejudice to the rights of the parties

that have accrued on or before the date of termination of the contract.

If the contract is terminated under this provision, the contractor is entitled to be compensated as under:-

a. the contract price attributable to the works performed as at the date of termination

b. the reasonable costs incurred by the contractor for termination of subcontractors or the repatriation of the contractors’ and

subcontractors’ employees

the aggregate of all previous payments allocated to the works.

Any sums due to BPCL from the contractor accruing prior to the date of termination will be deducted from the amount to be paid to

the contractor under the contract.

If, as a result of any such deductions, there is a negative amount payable to the contractor, then the contractor must pay an amount

equal to such negative sum to BPCL within 15 days of BPCL intimating the contractor.

43 PATENTS AND ROYALTIES:

43.1 The contractor, if licensed under any patent covering equipment, machinery, materials or compositions of matter to be used or

supplied or methods and process to be practiced or employed in the performance of this contract, agrees to pay all royalties and

licence fees which may be due with respect thereto. If any equipment, machinery, materials or composition matters, to be used or

supplied or methods and process to be practised or employed in the performance of this contract, is covered by a patent under

which contractor is not licensed then the contractor before supplying or using the equipment, machinery, materials, compositions

method or processes shall obtain such licences, and pay such royalties and licence fees as may be necessary for performance of

the contract. In the event, the contractor fails to pay any such royalties or obtain any such licence, any suit for infringement of

such patents which is brought against the contractor or the Owner as a result of such failure will be defended by the contractor at

his own expenses and the contractor will pay any damages and costs awarded in such suit. The contractor shall promptly notify

the owner if the contractor has acquired knowledge of any patent under which a suit for infringement could be reasonably brought

because of the use by the Owner of any equipment, machinery, materials, and process methods to be supplied hereunder. The

contractor agrees to and does hereby grant to Owner, together with the right to extend the same to any of the subsidiaries of the

Owner as irrevocable, royalty- free licence to use in any country, any invention made by the contractor or his employee in or as

a result of the performance of the work under the contract.

The Owner shall indemnify and save harmless the contractor from any loss on account of claims on contractor for the contributory

infringement of patent rights arising out and based upon the claim that the use by the Owner of the process included in the design

prepared by the Owner and used in the operation of the plant infringes on any patent right with respect to any sub-contract entered

into by contractor pursuant to the provisions of sub-contractor an undertaking to provide the Owner with the same patent protection

that contractor is required to provide under the provisions of this clause.

43.2 All drawings, blue prints, tracings, reproducible, models, plans, specification and copies thereof, furnished by the Owner as well

as drawings, tracings, reproducible, plans specifications, design, calculations etc. prepared by the contractor for the purpose of

execution of works covered in or connected with this contract shall be the property of Owner and shall not be used for any other

work but are to be delivered to the Owner at the completion of the contract.

43.3 Where so desired by Engineer-in-Charge, the contractor agrees to respect the secrecy of any document, drawings etc. issued to

him for the execution of this contract, and restrict access to such documents, drawing etc. to the minimum and further, the

contractor agrees to execute an individual SECRECY agreement from each or any person employed by contractor having access

to such documents, drawings and to any other agency or individual, without the written approval by Engineer-in-Charge.

44.1 If, at any time, there should be evidence or any lien or claim for which the Owner might have become liable and which is

chargeable to the contractor, the Owner shall have the right to retain out of any payment then due or thereafter to become due an

amount sufficient to completely indemnify the owner against such lien or claim and if such lien or claim be valid the Owner may

pay and discharge the same and deduct the amount so paid from any money which may be or may become due and payable to the

Contractor. If any lien or claim remain unsettled after all payments are made, the contractor shall refund or pay to the Owner all

moneys that the latter may be compelled to pay in discharging such lien or claim including all costs and reasonable expenses.

44.2 Contractor will not disclose details of the work to any person or persons except those engaged in its performance, and only to

the extent required for the particular portion of the work being done.

Contractor will not give any items concerning details of the work to the press or a news disseminating agency without prior written

approval from Engineer-in-Charge. Contractor shall not take any pictures on site without written approval of Engineer-in-Charge

45 OPERATION OF CONTRACT:

45.1 Law Governing:

Regardless of the place of contracting, place of performance or otherwise, this Agreement, and all amendments, modifications,

alterations, or supplements, thereto shall be governed by the laws of India and respective state laws for the nature, validity and

interpretation thereof.

45.2 Non-Waiver of Default:

Any failure by the Owner or Contractor at any time, or from time to time, to enforce or require the strict keeping and performance

of any of the terms or conditions of this agreement, or to exercise a right hereunder, shall not constitute a waiver of such terms,

conditions or rights, and shall not affect or impair same, or the right of the Owner or the Contractor, as the case may be at any time

to avail itself of same.

PERFORMANCE OF WORK

46 EXECUTION OF WORKS:

46.1 All the works shall be executed in strict conformity with the provisions of the contract documents and with such explanatory

detailed drawings, specifications, and instructions as may be furnished from time to time to the contractor by the Engineer-in-

Charge whether mentioned in the contract or not. The contractor shall be responsible for ensuring that works throughout are

executed in the most substantial, proper and workman like manner with the quality of material and workmanship in strict

accordance with the specifications following all safety requirements of BPCL and as stipulated in work permits as per the

directions and to the entire satisfaction of the Engineer-in- Charge.

46.2 Wherever it is mentioned in the specifications that the Contractor shall perform certain work or provide certain facilities/materials,

it is understood that the contractor shall do, so at his cost unless otherwise specified.

46.3 The materials, design and workmanship shall satisfy the relevant Indian Standards, the Job specification contained herein and

codes referred to. Where the job specification stipulate requirements in addition to those contained in the standards codes and

specifications, these additional requirements shall also be satisfied.

47 COORDINATION AND INSPECTION OF WORK:

The coordination and inspection of the day-to-day work under the contract shall be the responsibility of the Engineerin-Charge.

The written instructions regarding any particular job will be normally be passed by the Engineer-in-Charge or his authorized

representative. A work order book / logbook will be maintained by the Contractor for each job in which the aforesaid written

instructions will be entered. These will be signed by the contractor or his authorized representative by way of acknowledgment

within 12 hours. The non maintaining of the order book or non signing by the contractor shall not preclude the contractor from

complying with the instructions.

48 WORK IN MONSOON AND DEWATERING:

48.1 The completion of the work may entail working in the monsoon also. The contractor must maintain a minimum labour force as

may be required for the job and plan and execute the construction and erection according to the prescribed schedule. No extra

rate will be considered for such work in monsoon.

48.2 During monsoon and other period, it shall be the responsibility of the contractor to keep the construction work site free from

water at his own cost.

49 WORK ON SUNDAYS AND HOLIDAYS:

For carrying out work on Sundays and Holidays if needed, the contractor will approach the Engineer-in-Charge or his

representative at least two days in advance and obtain permission in writing. No special compensation on this account will be

50 GENERAL CONDITIONS FOR CONSTRUCTION AND ERECTION WORK:

50.1 Place of Work:

The work has to be executed at specified premises as per the tender. Contractor should apprise himself of all the conditions

prevailing in such location and the restrictions placed on movement of personnel and equipment, types of equipment and tools

permitted, working methods allowed etc. in the light of security and safety regulations operative in the area.

The safety regulations to be complied with, by the contractor will also be provided along with the tender. No idle time wages or

compensation for temporary stoppage of work or restrictions would be paid, and the rate quoted for the various items of work

should cover the cost of all such contingencies and eventualities. Substantial structures and utilities exist both above ground and

underground, adjacent to the work site. (The construction activity gets restrained by the existence of such structures and utilities).

Special care is necessary in transportation, storage, working on equipments and other construction activities to protect the existing

features and prevent damage to any facility. Necessary protective structures barricades etc. have to be erected at various places as

directed by Engineer-inCharge. No extra payment of such protective works will be made unless specially provided in the tender.

50.2 The working time or the time of work is 48 hours per week normally. Overtime work is permitted in cases of need and the Owner

will not compensate the same. Shift working at 2 or 3 shifts per day may become necessary and the contractor should take this

aspect into consideration for formulating his rates for quotation. No extra claims will be entertained by the Owner on this account.

50.3 The contractor must arrange for the placement of workers in such a way that the delayed completing of the work or any part

thereof for any reasons whatsoever will not affect their proper employment. The Owner will not entertain any claim for idle time

payment whatsoever.

50.4 The contractor shall submit to the Owner reports at regular intervals regarding the state and progress of work. The details and

preforma of the report will mutually be agreed after the award of contract.

51 DRAWINGS TO BE SUPPLIED BY THE OWNER:

51.1 Where drawings are attached with tender, these shall be for the general guidance of the contractor to enable him to visualize the

type of work contemplated and scope of work involved. The contractor will be deemed to have studied the drawings and formed

an idea about the work involved.

51.2 Detailed working drawings on the basis of which actual execution of the work is to proceed will be furnished from time to time

during the progress of the work. The contractor shall be deemed to have gone through the drawings supplied to him thoroughly

and carefully and in conjunction with all other connected drawings and bring to the notice of the Engineer-in-Charge,

discrepancies, if any, therein before actually carrying out the work.

51.3 Copies of all detailed working drawings relating to the works shall be kept at the contractor’s office of the site and shall be made

available to the Engineer-in-Charge at any time during the contract. The drawings and other documents issued by the Owner shall

be returned to the Owner on completion of the works. Reference is also invited to clause 43.2 and 43.3 above regarding drawings

and other documents.

52 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR:

52.1 Where drawings/data are to be furnished by the contractor, they shall be as enumerated in the special conditions of contract, and

shall be furnished within the specified time.

52.2 Where approval of drawings before manufacture / construction / fabrication has been specified, it shall be contractor’s

responsibility to have these drawings prepared as per the directions of Engineer-in-Charge and got approved before proceeding

with manufacture construction / fabrication, as the case may be. Any changes that may have become necessary in these drawings

during the execution of the work shall have to be carried out by the contractor to the satisfaction of Engineer-in-Charge at no

extra cost. All final drawings shall bear the certification stamps duly signed by both the contractor and the Engineer-in-Charge.

52.3 A period of 3 weeks from the date of receipt shall be required normally for approval of drawings by the Engineer-in- Charge.

53 SETTING OUT WORKS:

53.1 The Engineer-in-Charge shall furnish the contractor with only the four corners of the work site and a level bench mark and the

contractor shall set out the works and shall provide efficient staff for the purpose and shall be solely responsible for the accuracy

of such setting out.

53.2 The contractor shall provide, fix and be responsible for the maintenance of all stacks, templates, level marks, profiles and other

similar things and shall take all necessary precaution to prevent their removal or disturbance and shall be responsible for the

consequence of such removal or disturbance should the same take place and for their efficient and timely reinstatement. The

contractor shall also be responsible for the maintenance of all existing survey marks, boundary marks, distance marks and centre

line marks, either existing or supplied and fixed by the contractor. The, work shall be set out to the satisfaction of the Engineer-

in-Charge. The approval thereof or joining in setting out the work shall not relieve the contractor of any of his responsibilities.

53.3 Before beginning the works, the contractor shall at his own cost, provide all necessary reference and level posts, pegs, bamboos,

flags, ranging rods, strings and other materials for proper layout of the work in accordance with the scheme, for bearing marks

acceptable to the Engineer-in-Charge. The centre, longitudinal or face lines and cross lines shall be marked by means of small

masonry pillars. Each pillar shall have distinct marks at the centre to enable theodolite to be set over it. No work shall be started

until all these points are checked and approved by the Engineerin-Charge in writing but such approval shall not relieve the

contractor of any of his responsibilities. The contractor shall also provide all labour, material and other facilities, as necessary,

for the proper checking of layout and inspection of the points during construction.

53.4 Pillars bearing geodetic marks located at the site of work under construction should be protected and fenced by the contractor.

53.5 On completion of works, the contractor must submit the geodetic documents according to which the work was carried out.

54 RESPONSIBILITY FOR LEVEL AND ALIGNMENT:

The contractor shall be entirely and exclusively responsible for the horizontal and vertical alignment, the levels and correctness of

every part of the work and shall rectify effectually any errors or imperfections therein. Such rectifications shall be carried out by

the contractor, at his own cost, when instructions are issued to that effect by the Engineer-in-Charge.

55 MATERIALS TO BE SUPPLIED BY CONTRACTOR:

55.1 The contractor shall procure and provide the whole of the materials required for construction including tools, tackles, construction

plant and equipment for the completion and maintenance of the works except the materials which will be issued by Owner and

shall make his own arrangement for procuring such materials and for the transport thereof. The materials procured by the

contractor shall be BPCL approved/specified quality.

55.2 All materials procured should meet the specifications given in the tender document. The Engineer-in-Charge may, at his

discretion, ask for samples and test certificates for any batch of any material procured. Before procuring, the contractor should

get the approval of Engineer-in-Charge for any material to be used for the works.

55.3 Manufacturer’s certificate shall be submitted for all materials supplied by the contractor. If, however, in the opinion of the

Engineer-in-Charge any tests are required to be conducted on the materials supplied by the contractor, these

will be arranged by the contractor promptly at his own cost.

56 MATERIALS SUPPLIED BY OWNER:

56.1 If the specifications of the work provides for the use of any materials of special description to be supplied from the Owner’s

stores, price for such material to be charged therefore as herein after mentioned being so far as practicable for the convenience of

the contractor but not so as in any way to control the meaning or effect of the contract. The contractor shall be bound to purchase

and shall be supplied such materials as are from time to time required to be used by him for the purpose of the contract only. The

sums due from the contractor for the value of the actual materials supplied by the Owner will be recovered from the running

account bill on the basis of the actual consumption of materials in the work covered and for which the running account bill has

been prepared. After the completion of the works, however, the contractor has to account for the full quantity of materials supplied

to him as per relevant clauses in this document.

56.2 The value of the materials as may be supplied to the contractor by the Owner will be debited to the contractor’s account at the

rates shown in the schedule of chargeable materials and if they are not entered in the schedule, they will be debited at cost price,

which for the purpose of the contract shall include the cost of carriage and all other expenses whatsoever such as normal storage

supervision charges which shall have been incurred in obtaining the same at the Owner’s stores. All materials so supplied to the

contractor shall remain the absolute property of the Owner and shall not be removed on any account from the site of the work,

and shall be at all times open for inspection to the Engineer-in-Charge. Any such materials remaining unused at the time of

completion or termination of the contract shall be returned to the Owner’s stores or at a place as directed by the Engineer-in-

Charge in perfectly good condition, at contractor’s cost.

57 CONDITIONS FOR ISSUE OF MATERIALS:

i) Materials specified to be issued by the Owner will be supplied to the contractor by the Owner from his stores/location. It shall

be the responsibility of the contractor to take delivery of the materials and arrange for its loading, transport and unloading at

the site of work at his own cost. The materials shall be issued between the working hours and as per the rules of the Owner

framed from time to time.

ii) The contractor shall bear all incidental charges for the storage and safe custody of materials at site after these have been issued

iii) Materials specified to be issued by the Owner shall be issued in standard sizes as obtained from the manufacturer. iv) The

contractor shall construct suitable godown at the site of work for storing the materials safe against damage by rain, dampness,

fire, theft etc. He shall also employ necessary watch and ward establishment for the purpose.

v) It shall be duty of the contractor to inspect the material supplied to him at the time of taking delivery and satisfy himself that

they are in good condition. After the materials have been delivered by the Owner, it shall be the responsibility of the contractor

to keep them in good condition and if the materials are damaged or lost, at any time, they shall be repaired and/ or replaced by

him at his own cost, according to the directions of the Engineerin-Charge.

vi) The Owner shall not be liable for delay in supply or non-supply of any materials which the Owner has undertaken to supply

where such failure or delay is due to natural calamities, act of enemies, transport and procurement difficulties and any

circumstances beyond the control of the Owner. In no case, the contractor shall be entitled to claim any compensation or loss

suffered by him on this account.

vii) It shall be the responsibility of the contractor to arrange in time all materials required for the works other than those to be

supplied by the Owner. If, however, in the opinion of the Engineer-in-Charge the execution of the work is likely to be delayed

due to the contractor’s inability to make arrangements for supply of materials which normally he has to arrange for, the

Engineer-in-Charge shall have the right, at his own discretion, to Issue such materials If available with the Owner or procure

the materials from the market or elsewhere and the contractor will be bound to take such materials at the rates decided by the

Engineer-in-Charge. This, however, does not in any way absolve the contractor from responsibility of making arrangements

for the supply of such materials in part or in full, should such a situation occur, nor shall this, constitute a reason for the delay

in the execution of the work.

viii)None of the materials supplied to the contractor will be utilized by the contractor for manufacturing item, which can be

obtained from standard manufacturer in finished form. ix) The contractor shall, if desired by the Engineer-in-Charge, be

required to execute an indemnity bond for safe custody and accounting of all materials issued by the Owner.

x) The contractor shall furnish to the Engineer-in-Charge sufficiently in advance a statement showing his requirements of the

quantities of the materials to be supplied by the Owner and the time when the same will be required by him for the works, so

as to enable the Engineer-in-Charge to make necessary arrangement for procurement and supply of the material.

xi) A daily account of the materials issued by the Owner shall be maintained by the contractor indicating the daily receipt,

consumption and balance in hand. This account shall be maintained in a manner prescribed by the Engineer-in-Charge along

with all connected papers viz. requisition, issues etc. and shall be always available for inspection in the contractor’s office at

xii) The contractor should see that only the required quantities of materials are got issued. The contractor shall not be entitled to

cartage and incidental charges for returning the surplus materials, if any, to the stores/location where from they were issued

or to the place as directed by the Engineer-in-Charge.

xiii) Materials/ Equipment supplied by Owner shall not be utilized for any other purpose(s) than issued for.

58 MATERIALS PROCURED WITH ASSISTANCE OF OWNER:

Notwithstanding anything contained to the contrary in any or all the clause of this document where any materials for the execution

of the contract are procured with the assistance of Owner either by issue from Owner’s stock or purchase made under orders or

permits or licences issued by Government, the contractor shall hold the said materials as trustee for the Owner and use such

materials economically and solely for the purpose of the contract and not dispose them off without the permission of the owner

and return, if required by the Engineer-in-Charge, all surplus or unserviceable materials that may be left with him after the

completion of the contract or at its termination for any reason, whatsoever on his being paid or credited such prices as the Engineer

in-Charge shall determine having due regard to the condition of the materials. The price allowed to the contractor however, shall

not exceed the amount charged to him excluding the storage charges if any. The decision of the Engineer-in- Charge shall be final

and conclusive in such matters. In the event of breach of the aforesaid condition, the contractor shall in terms of the licenses or

permits, and/or for criminal breach of trust, be liable to compensate the Owner a double rate or high rate, in the event of those

materials at that time having higher rate or not being available in the market, then any other rate to be determined by the Engineer-

in-Charge and his decision shall be final and conclusive.

59 MATERIALS OBTAINED FROM DISMANTLING:

If the contractor in the course of execution of the work is called upon to dismantle any part for reasons other than those stipulated

in clauses 66 & 70 hereunder, the materials obtained in the work of dismantling etc. will be considered as the Owner’s property

and will be disposed off to the best advantage of the Owner.

60 ARTICLES OF VALUE FOUND:

All gold, silver and other materials, of any description and all precious stones, coins, treasure relies, antiquities and other similar

things which shall be found in, under or upon the site, shall be property of the Owner and the contractor shall duly preserve the

same to the satisfaction of the Engineer-in-Charge and shall from time to time deliver the same to such person or person indicated

61 DISCREPANCIES BETWEEN INSTRUCTIONS:

Should any discrepancy occur between the various instructions furnished to the contractor, his agents or staff or any doubt, arise

as to the meaning of any such instructions or should there be any misunderstanding between the contractor’s staff and the Engineer-

in-Charge’s staff, the contractor shall refer the matter immediately in writing to the Engineer-in-Charge whose decision thereon

shall be final and conclusive and no claim for losses alleged to have been caused by such discrepancies between instructions, or

doubts, or misunderstanding shall in any event be admissible.

62 ALTERATIONS IN SPECIFICATIONS AND DESIGNS AND EXTRA WORK:

A) The Engineer-in-Charge shall have power to make any alterations in, omissions from, additions to of substitutions for, the

schedule of rates, the original specifications, drawings, designs and instructions that may appear to him to be necessary or

advisable during the progress of the work and the contractor shall be bound to carry out such altered / extra / new items of work

in accordance with any instructions which may be given to him in writing signed by the Engineer-in-Charge and such

alterations, omissions, additions or substitutions shall not invalidate the contract and any altered additional or substituted work

which the contractor may be directed to do in the manner above specified as part of the work shall be carried out by the

contractor on the same conditions in all respect on which he agree to do the main work. The time for completion of work may

be extended for the part of the particular job at the discretions of the Engineer-in-Charge, for only such alteration, additions or

substitutions of the work, as he may consider as just and reasonable. The rates for such additional, altered or substituted work

under this clause shall be worked out in accordance with the following provisions:

a) If the rates for the additional, altered or substituted work are specified in the contract for the work, the contractor is bound to

carry out the additional, altered or substituted work at the same rates as are specified in the contract.

b) If the rates for the additional, altered or substituted work are not specifically provided in the contract for the work, the rates

will be derived from the rates for similar class of works as specified in the contract for the work. The opinion of the Engineer-

in-Charge as to whether the rates can be reasonably so derived from items in the contracts will be final and binding on the

c) If the rates for the altered, additional or substituted work cannot be determined in the manner specified in subclause (a) and

(b) above, then the contractor shall inform the Engineer-in-Charge of the rate which is his intention to charge for such class

of work supported by analysis of the rate or rates claimed, and the Engineerin-Charge shall determine the rates on the basis

of the prevailing market rates of materials, labour cost at schedule of labour plus 10% to cover contractor’s supervision,

overheads and profit and pay the contractor accordingly. The opinion of the Engineer-in-Charge as to the current market rates

of materials and the quantum of labour involved per unit of measurement will be final and binding on the contractor.

d) Provisions, contained in sub-clause (a) to (c) above shall not, however, apply:

Where the value of alterations / additions / deletions or substitutions exceeds beyond plus or minus 25% of the estimated

contract value (i.e. quoted item rates of contractor shall hold good for variations etc. within plus or minus 25% of estimated

contract value)

B) In the event and as a result of such alternatives / additions / substitutions / deletion, the scope of contract work exceed the value

stipulated in the contract by more than the limits given in clause (d) above, the Contractor shall claim revision of the rates

supported by the proper analysis in respect of such items for quantities in excess of the above limits, notwithstanding the fact

that the rates for such items exist in the tender for the main work or can be derived in accordance with the provision of sub-

clause (b) of Clause 62 A, and the Engineer-in-Charge may revise their rates having regard to the prevailing market rates, and

the contractor shall be paid in accordance with the rates so fixed. But, under no circumstances the contractor shall suspend /

stop / slowdown the work on the plea of non-settlement of rates of items falling under this clause.

63 VARIATION IN CONTRACT VALUE :

Compensation for Reduction in Contract value due to change in quantity:

Upto & inclusive of (-) 25% of Total Contract Value (TCV): No cost compensation.

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

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 demand.

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 the owner.

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 over only.

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 certificate.

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 delay.

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 contractor.

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

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 Engineerin-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

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.

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

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 requirements.

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

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

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

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 such claims.

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-

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

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 all workers.

(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 as applicable.

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 Arbitrator.

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)

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, 1996 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

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 require.

(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

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

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

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 Guarantee.

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

(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 Arbitrator.

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

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 court.

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

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 _________,*in my case/in the case of __________for the purposes of sub-section

(5) 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) or :

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

(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 resident

(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).

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 section 90A.”.

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 )