O&M OF VIP COMPRESSOR

SUPPLY OF MOTOR DRIVEN VARIABLE

SUCTION COMPRESSORS FOR CITY

GAS DISTRIBUTION PROJECT

FOR AHMEDNAGAR & AURANGABAD GA

AND SANGLI & SATARA GA

Project No. P.013751

Document No. P.013751 G11031 R029

Bharat Gas Resources Ltd,

TECHNICAL DOCUMENTATION

Commercial Vol I of II, Rev.

MAIN TABLE OF CONTENTS

SUPPLY OF MOTOR DRIVEN VARIABLE SUCTION COMPRESSORS FOR CITY

GAS DISTRIBUTION PROJECT FOR AHMEDNAGAR & AURANGABAD GA

AND SANGLI & SATARA GA (MAHARASHTRA)

S.No. Description Document / Drawing No. Rev. No. Pages Page No.

I VOLUME IA OF II COMMERCIAL

1 SECTION - I INVITATION FOR BID (IFB)

2 SECTION - II INSTRUCTION TO BIDDERS (ITB)

GENERAL CONDITIONS OF CONTRACT (GCC)

3 SECTION - III

GENERAL PURCHASE CONDITIONS (GPC) P.013751 G11031 R029 0 173 1 to

4 SECTION - IV SPECIAL CONDITIONS OF CONTRACT (SCC)

5 SECTION - V FORMS AND FORMATS

6 SECTION - VI SCHEDULE OF RATES (SOR)

II VOLUME II OF II TECHNICAL

TECHNICAL SPECIFICATION INCLUDING DATASHEET,

VENDOR LIST AND QAP

COMMERCIAL TENDER G11031

BHARAT GAS RESOURCES LIMITED

CITY GAS DISTRIBUTION PROJECT FOR AHMEDNAGAR

& AURANGABAD GA AND SANGLI & SATARA GA

SUPPLY OF MOTOR DRIVEN VARIABLE SUCTION

COMPRESSOR FOR CITY GAS DISTRIBUTION

PROJECT FOR AHMEDNAGAR & AURANGABAD GA

AND SANGLI & SATARA GA

TENDER DOCUMENT NO. P.013751 G11031 R029

0 05.11.2020 Poonam Khurana Saurabh Kumar Gursharan Singh Jhalli

Rev Date Subject of Revision Prepared By Checked By Approved By

COMMERCIAL TENDER G11031

TABLE OF CONTENTS

1. SECTION-I : INVITATION FOR BIDS (IFB)

2. SECTION-II : INSTRUCTIONS TO BIDDERS (ITB)

3. SECTION-III : GENERAL PURCHASE CONDITIONS (GPC) AND

GENERAL CONDITIONS OF CONTRACT (GCC)

4. SECTION-IV : SPECIAL CONDITIONS OF CONTRACT (SCC)

5. SECTION-V : FORMS AND FORMATS

6. SECTION – VI : SCHEDULE OF RATES

INVITATION FOR BIDS G11033

BHARAT GAS RESOURCES LIMITED

CITY GAS DISTRIBUTION PROJECT FOR AHMEDNAGAR

& AURANGABAD GA AND SANGLI & SATARA GA

SUPPLY OF MOTOR DRIVEN VARIABLE SUCTION

COMPRESSOR FOR CITY GAS DISTRIBUTION

PROJECT FOR AHMEDNAGAR & AURANGABAD GA

AND SANGLI & SATARA GA

INVITATION FOR BIDS (IFB)

Rev. 0 Supply of Motor Driven Variable Suction Compressor for Maharashtra GA. Page 1 of

INVITATION FOR BIDS G11033

TABLE OF CONTENTS

10.0 SUBMISSION OF ORIGINAL DOCUMENTS.............................................

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INVITATION FOR BIDS G11033

INVITATION FOR BIDS (IFB)

FOR SUPPLY OF ELECTRIC MOTOR DRIVEN VARIABLE SUCTION RECIPROCATING CNG

COMPRESSOR PACKAGE WITH OPERATION AND COMPREHENSIVE MAINTENANCE FOR

THREE (03) YEARS FOR CGD PROJECT FOR AHMEDNAGAR & AURANGABAD AND SANGLI

& SATARA GA IN THE STATE OF MAHARASHATRA

OPEN DOMESTIC COMPETITIVE BIDDING

1.0 INTRODUCTION

1.1 M/s. Bharat Gas Resources Ltd. (BGRL) is developing CNG & City Gas Distribution Infrastructure in

the Geographical Areas (GA) Ahmednagar & Aurangabad and Sangli & Satara GA in the State of

Maharashtra based on PNGRB authorization.

1.2 Based on PNGRB authorization, M/s. Bharat Gas Resources Ltd. (BGRL) (hereinafter referred to as

‘BGRL’ or ‘Owner’) is developing CNG & City Gas Distribution Infrastructure in the Geographical Areas

(GA) of Ahmednagar & Aurangabad GA and Sangli & Satara GA in the State of Maharashtra for serving

consumers of various sectors namely domestic, commercial, industrial & automotive.

1.3 TRACTEBEL Engineering pvt. ltd. (TRACTEBEL), a subsidiary of TRACTEBEL Engineering S.A. has

been appointed as Project Management Consultant (hereinafter referred as Consultant), by BGRL for

providing Design, Engineering & PMC services for aforementioned project.

2.0 BRIEF DESCRIPTION OF PROJECT

2.1 The present project is implementation of CGD project in Ahmednagar & Aurangabad GA and Sangli &

Satara GA in the State of Maharashtra to ensure uninterrupted supply of natural gas to Domestic,

Commercial, Automobile and Industrial consumers.

2.2 TRACTEBEL, on behalf of BGRL, invites bids through single stage two envelopes system from eligible

bidders for Supply of Motor Driven Variable Suction compressors with Operation and Comprehensive

Maintenance for Three (03) years for City Gas Distribution Project for Ahmednagar & Aurangabad GA

and Sangli & Satara GA in the State of Maharashtra as defined in bid document.

3.0 BRIEF SCOPE OF WORK

PART – A - SUPPLY OF VARIABLE SUCTION COMPRESSOR

3.1 Scope includes Design, Engineering, Manufacturing, Assembly, string testing, packaging, supply,

erection, Inspection, Testing & Commissioning, Performance Acceptance Test of Electric Motor

driven Variable Suction Reciprocating CNG compressor package of 600 SCMH (4 Numbers)

Capacity as per the specifications.

3.2 Supply of Special Tools & Tackles to carry out Erection, Start-up, Commissioning and O&M

service of supplied package.

3.3 Installation, testing, commissioning and Performance Acceptance Test of each Electric Motor driven

Variable Suction Reciprocating CNG compressor package after intimation from BGRL.

3.4 For complete scope of work, all volumes of tender document are to be read.

PART – B – PROVIDING OPERATION AND MAINTENANCE SERVICES

3.5 Operation Services during Warranty Period i.e. One (01) year and further Two (02) years after

Warranty period.

3.6 Comprehensive Maintenance Services during Warranty Period i.e. One (01) year and further Two

(02) after Warranty period, inclusive of consumables and Spares.

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INVITATION FOR BIDS G11033

The above requirements are for CNG & City Gas Distribution Project of BGRL at Ahmednagar &

Aurangabad GA and Sangli & Satara GA in the State of Maharashtra. Description will be provided in the

MR and quantities are as given below :-

Brief Description Quantity in Nos.

Supply of Electric Motor driven Variable Suction

Reciprocating CNG compressor package of 600 SCMH

Capacity, suction pressure range 16kg/cm2(g) to 200 kg/cm2

(g) with discharge pr. of 255 kg/cm2 (g).

4.0 CONTRACT PERIOD

4.1 Supply: within 20 weeks from the date of LOI.

4.2 Services- Installation, Testing and Commissioning : 2 weeks from the date of intimation by BGRL.

4.3 Delivery Terms :

FOT BGRL Site, However, for Price Reduction Schedule applicability, date of LR will be

After commissioning of compressor package, Performance Acceptance Test will be carried out as per

technical specification.

4.4 Bidder shall provide operation & comprehensive maintenance during warranty period i.e. One (01) Year

and further for Two (02) years from the date of end of warranty. However maximum duration of contract

for operation and comprehensive maintenance during warranty and post warranty period shall be limited to

Thirty-Six (36) Months from the date of receipt of last compressor package at BGRL’s store or site

5.0 SUBMISSION OF BID & BID VALIDITY

5.1 Bids are required to be submitted only through BPCL e-procurement site at https://bpcleproc.in/ on or

before the Bid submission date and time.

5.2 Physical Bids / Offers or Bids through any other mode shall not be accepted. The Offers submitted through

e-tendering system, as above shall only be considered for evaluation and ordering.

5.3 Bid should be valid for 6 (Six) months from the date of scheduled bid submission.

6.0 BIDDING PROCEDURE

6.1 This is Open Domestic Competitive Bidding. Single stage two bid system is adopted for this tender.

7.0 DETAILS OF BID DOCUMENTS

7.1 Type of Enquiry Open Domestic Competitive Bidding

7.2 Tender Document Number BGRL E Tender No.–

TRACTEBEL Document No. - P.013751 G11031 R029

Availability of Tender Document

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INVITATION FOR BIDS G11033

7.4 Bid document fee Not Applicable

7.5 Pre bid meeting date and venue 18.11.2020 at 1130 HRS. (IST) through conference call

Earnest Money Deposit / Bid

7.6 As per Clause No. 9 below

Bid Submission date and time of

7.7 Online submission of Bids (Bid 04.12.2020 till 1400 HRS. (IST)

Online Opening of Techno- 04.12.2020 at 1500 HRS. (IST) at TRACTEBEL Gurgaon

Commercial Unpriced Bid office

7.9 Price bid opening date and time Date and time shall be intimated later

The complete Bidding Document is available on BPCL website: https://bpcleproc.in and TRACTEBEL’s

website : www.tractebelindia.com

Bidders can view /download the tender document from the above website.

All amendments, time extension, clarifications etc. will be uploaded in the above websites only and will

not be published in Newspapers. Bidders should regularly visit the above web site to keep themselves

8.0 BID EVALUATION CRITERIA (BEC)–

I. The bidder must be a regular compressor manufacturer or packager and supplier of compressor

packages having the single point responsibility for manufacturing, supplying, installing and

commissioning of 600 SCMH or more SCMH Electric Motor Driven Compressor Packages /

Electric Motor Driven Variable Suction Compressor Packages handling hydrocarbon gases.

II. The bidder should have supplied installed & commissioned (either directly or through their

authorized packager or through sales & service dealers) at least 1 no. Electric Motor Driven

Compressor Packages of 600 or more SCMH capacity / Electric Motor Driven Variable Suction

Compressor Packages & these package should have completed continuous trouble-free

operation for minimum 4000 HRS in the last 10 years ending on the start date for

commencement of downloading this tender.

III. The bidder directly or through their authorized agencies, should have provided Operation &

Maintenance services to at least 1 no. Electric Motor Driven compressor packages / Electric

Motor Driven Variable Suction Compressor Packages of 600 SCMH or more SCMH capacity

for a period of not less than one year. The period for trouble free operation & maintenance

services shall be in the last ten years ending on the start date for commencement of downloading

IV. Any Compressor Block OEM fulfilling the criteria at I & II above, may also authorize their sales

& service dealer OR Packager to quote on their behalf subject to fulfilling the tender conditions.

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INVITATION FOR BIDS G11033

Minimum Average Annual Turnover during the immediately preceding three financial years should

be at least INR 1,86,03,000/-.

8.2.2 Net worth

The financial net worth of the bidder as per the audited financial results of immediately preceding

financial year should be positive.

8.3 Bidder shall not be on “Holiday” as per BGRL/PSU or its subsidiaries records, under liquidation,

court receivership or similar proceeding. Undertaking to this effect to be submitted by bidder.

8.4 Clarificatory notes to BEC

a) A job executed by a bidder for its own plant or projects cannot be considered as experience for

the purpose of meeting requirement of BEC of the tender. However, jobs executed for Subsidiary

or Fellow subsidiary or Holding company executed value against any single order fulfilling BEC

criteria will be considered as experience for the purpose of meeting BEC subject to submission of

tax paid invoice(s) duly certified by statutory auditor of the bidder and challan towards payments

of statutory tax in support of the job executed for Subsidiary or Fellow subsidiary or Holding

company. Such bidders to submit these documents in addition to the documents specified in the

bidding documents to meet BEC.

b) In case the bidder is executing a rate contract which is still running and the bidder has supplied

required quantities ending on last day of the month previous to the one in which tender is invited

as mentioned in the BEC-Technical, such experience will also be taken into consideration

provided that the bidder has submitted satisfactory supply records to this effect issued by the end

user or owner or Authorized consultant.

c) In case audited balance sheets and profit and loss account for the immediate preceding financial

year is not available for bid closing date up to 30th September, the Bidder has an option to submit

the audited balance sheets and profit & loss account of the three previous years immediately prior

to the last financial year.

d) For the bidder whose financial year is calendar year, for such bidders the audited financial results

for the year 2016, 2017 and 2018 shall be applicable in lieu of 2016-17, 2017-18 and 2018-19.

8.5 SPECIAL NOTES

(A) In case the bidder is the authorized sales and service dealer of the compressor block

OEM(Original Equipment Manufacturer) for sale of Electric Motor driven Variable

Suction Reciprocating CNG compressor package in India then,

(i) The bidder has to submit back-up authority letter specific to this tender from the compressor

block OEM, who has authorized them to market their product in India. Offers without back-

up authority letter from compressor block OEM will not be considered.

(ii) Mechanical Run Test (MRT) of compressor block & String Test of the compressor package

may be witnessed by Purchaser or Purchaser’s authorized agency at the manufacturing

facility of compressor block OEM.

(iii) A letter from compressor block OEM specific to the tender confirming parts and service

support to the Purchaser and the dealer for a period of 07(seven) years from the date of

supply shall be submitted along with the bid.

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INVITATION FOR BIDS G11033

(iv) Further, one compressor block OEM can quote only through one authorized dealer and an

authorized dealer shall offer product of only one compressor block OEM.

(B) In case the bidder is a packager in India authorized by Compressor Block OEM then,

(i) The bidder has to submit back-up authority letter from the respective compressor block OEM

who has authorized them to package CNG compressor in India using their block.

(ii) The compressor block OEM shall provide technical and after sales support to the Indian

Packager or purchaser for a period of ten years from the date of supply. A latest confirmation

by the compressor block OEM to this effect shall be submitted along with the bid.

(iii) The assembly of compressor at packager’s facility shall be carried out under the supervision

and quality control of compressor block OEM. In support of this the bidder shall submit

letter from compressor block OEM confirming the above. The packaging shop and the

infrastructure therein shall be approved by compressor block OEM.

(iv) All equipment or components or accessories or instrument etc. used by the packager for

packaging shall be from approved vendor list as listed in tender and balance of compressor

block OEM as those used by compressor block OEM for the packages supplied as per Clause

8.1 & Sub points at I), II), III) & IV) above.

(v) Mechanical Run Test (MRT) of the compressor block may be witnessed by Purchaser or

Purchaser’s authorized agency at the manufacturing facility of compressor block OEM.

(vi) The string test of complete package using Natural Gas may be witnessed by Purchaser or

Purchaser’s authorized agency and shall be conducted in the presence of compressor block

OEM by the Packager at their facility in India.

(vii) The required warrantee cover of the complete package shall be provided by Authorized

Packager and backed by compressor block OEM.

(viii)Further, one compressor block OEM shall authorize only one packager and a packager shall

offer compressor package of only one compressor block OEM.

8.6 Bids may be submitted by:

i) Bids may be submitted by an Entity (Sole domestic bidder) and must be duly registered with

GST. Sole domestic bidder should have completed 3 financial years after date of

commencement of Business.

ii) Bidding through JV or in a Consortium is not permitted.

iii) Sole bidder shall meet each requirement of the Bid Evaluation Criteria (BEC) as mentioned

8.7 Documents required to be submitted by bidder along with the bid for

qualification of BEC:

BEC Description Documents required for qualification

Bid Evaluation Criteria (BEC)-Technical

8.1 (I) Certificate ISO certificate, PESO approval or other documentary evidence

in support of requirement.

8.1 (II) Experience (a) Detailed work order along with Schedule of Rates.

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INVITATION FOR BIDS G11033

(b) Completion certificate issued by end user with compressors

(c ) Certificate from end user for successful operation of O&M

period of one year.

8.4 Note a) Jobs executed Tax paid invoice(s) duly certified by statutory auditor of the

for Subsidiary bidder and challan towards payments of statutory tax in

or support of the job executed for Subsidiary or Fellow subsidiary

Fellow or Holding company.

8.4 Note b) a) Detailed work order along with Schedule of Rates.

In case of rate

contract (b) Completion certificate issued by end user with compressors

(c ) Certificate from end user for successful operation of O&M

period of one year.

Bid Evaluation Criteria (BEC) -Financial

8.2.1 Annual Turn- Bidder(s) shall submit copy of Audited Annual Financial

over Statement [Balance Sheet and Profit & Loss Account

Statement along with its annexures] of last three (3) preceding

Financial Year(s) duly signed and stamped by a Statutory

auditor or TPI, as per BEC, along with un-price bid.

8.2.2 Net Worth Bidder(s) shall submit copy of Audited Annual Financial

Statement [Balance Sheet and Profit & Loss Account

Statement along with its annexures] of last audited Financial

Year duly signed and stamped by a statutory auditor or TPI, as

per BEC, along with un-price bid.

8.6 (i) GST Documentary Evidence for GST registration

Owner reserve the right to reject the bid without making any reference to the bidder.

i. Failure to meet the above qualifying criteria(s) will render the bid to be summarily rejected.

Therefore, the bidder shall in his own interest furnish complete documentary evidence

including certificate(s) from the client of the work executed etc. to justify that the bidder meets

the qualifying criteria.

ii. Authentication of Documents

All documents furnished by the bidder in support of meeting the Technical and Financial criteria of

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INVITATION FOR BIDS G11033

Duly certified by Statutory Auditors of the bidder

Duly verified and certified by any one of the following independent third party inspection agency viz.

SGS / IRS / DNV GL / LRIS / EIL / TATA Projects / PDIL / ULIPL / RITES Ltd. / ITSIPL / Intertek

/ BVIS. All charges of the third party for attestations and verification shall be borne by the Bidders

for document verification. Bidder has to enclose the TPIA verification certificate duly signed &

stamped by Authorized signatory of TPIA.

8.8 All documents furnished by the bidder in support of meeting the Technical and Financial criteria of

BEC shall be submitted in a separate section / booklet along with their unpriced bid. This section /

booklet shall be titled as “Documentation against Bid Evaluation Criteria (Technical and Financial)”

with proper index and page numbering.

8.9 Submission of authentic documents is the prime responsibility of the Bidder. However,

Owner/Consultant reserves the right of getting the document cross verified, at their discretion from

the document issuing authority.

8.10 Owner reserves the right to complete the evaluation based on the details furnished (without seeking

any additional information) and / or in-house data, survey or otherwise.

9.0 BID SECURITY/ EMD

9.1 All bids must be accompanied with Bid Security amount of Rs. 250,000 (Indian Rupees Two Lakh and

Fifty Thousand only.

9.2 EMD shall be in favour of Bharat Gas Resources Limited and shall be acceptable in the form of Crossed

Demand Draft (Payable at Mumbai) or Bank Guarantees (B.G.) in the prescribed pro-forma from Scheduled

Commercial banks in India/ Indian Branch of Foreign Bank, EXCEPT YES BANK, CKP CO-OP BANK

and Punjab and Maharashtra CO-OP BANK (PMC). The B.G. shall be valid for a period of 6 months

from the final due date of submission of Bid with a claim period of 3 months.

9.3 Bidders are required to submit the EMD (in the prescribed format) in original at the time of bid submission

in sealed envelope and are required to upload the scanned copy of EMD on BPCL e-portal along with e-Bid.

EMD in original shall be submitted in a sealed envelope titled “Earnest Money Deposit for “SUPPLY OF

MOTOR DRIVEN VARIABLE SUCTION COMPRESSORS FOR CGD PROJECT FOR

AHEMEDNAGAR & AURANGABAD AND SANGLI & SATARA GA IN THE STATE OF

MAHARASHATRA at TRACTEBEL Engineering Pvt. Ltd., 37, Institutional Area, Sector 44, Gurgaon,

Haryana- 122002. Bidder must upload the scanned copy of EMD (in the prescribed format) on BPCL e-

procurement site along with the e-bid. Swift message / Cheque / Cash / NEFT / RTGS shall not be acceptable.

In case bidder fails to upload scanned copy of EMD on BPCL e-portal by the bid due date & time, such bids

shall not be considered for evaluation.

9.4 If the Bidder is unable to submit original EMD within the due date and time of Bid submission, he may

submit the same within 7 calendar days from the date of unpriced bid opening, provided scanned copy of the

same have been uploaded on E-Tendering website along with the bid. In case the Bidder fails to submit the

EMD in original within 7 calendar days, his bid shall be rejected, irrespective of their status / ranking in

tender and notwithstanding the fact that a copy of EMD were uploaded earlier by the Bidder.

9.5 Following categories of bidders shall be exempted from paying Earnest Money Deposit

• Units registered with National Small Industries Corporation (NSIC).

• Units falling under Micro & Small Enterprises (MSEs) category as defined under the MSMED Act

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INVITATION FOR BIDS G11033

The above are subject to the fulfilling of under mentioned conditions:

a) Units should be registered with National Small Scale Industrial Corporation Limited (NSIC) or with

any of the Authorities specified under the Public Procurement Policy for MSE’s (DIC / KVIC / KVIB

/ Coir Board / NSIC / Directorate of Handicrafts and Handloom or any other body specified by Ministry

b) REGISTRATION CERTIFICATE IS VALID FOR A PERIOD AT LEAST UPTO VALIDITY

OF THE BID OFFER I.E. SIX MONTHS FROM THE SCHEDULE DATE OF BID

c) Self-attested copy of valid relevant registration certificate should be submitted in support.

d) Registration with DGS & D will not entitle a Tenderer to claim above exemption.

10.0 SUBMISSION OF ORIGINAL DOCUMENTS

10.1 The following documents, in addition to uploading in the bid on BPCL’s e-procurement site, shall also be

submitted in Original (in physical form) within 07 (Seven) calendar days from the bid due date to

TRACTEBEL Office, Gurgaon, providing the scanned copies of the same have been uploaded in e-tender

by the bidder along with e-bid within the due date :-

i) Bid Security / EMD

ii) Power of Attorney

iii) Integrity Pact

iv) Declaration of liquidation, court receivership or similar proceeding

The bidders shall submit an affidavit on a stamp paper of Rs.100/- duly attested by a Notary / Magistrate

stating that the bidder shall not be under liquidation, court receivership or similar proceeding and their

business is not banned by any Central / State Government Department / Public Undertaking or Enterprise

or Central / State Governments. The original affidavit containing the declaration shall be submitted along

with the original other Documents.

Bidders to ensure that "Cut Out Slip" attached to IFB, must be pasted on outer envelope to ensure that above

mentioned original documents reaches to concerned official within Four (04) calendar days from the date

of Bid Opening.

11.0 PRE-BID MEETING

11.1 The bidder(s) or his official representative are requested to attend the pre-bid meeting through conference

call so that their queries, if any, related to the tender document and scope of work can be addressed. Non-

attendance of the pre-bid meeting shall not be cause of disqualification of the bidder.

11.2 The bidders may send their queries, if any, on Bidding Document by email / courier to reach

TRACTEBEL/BGRL before the pre-bid meeting. These queries shall be replied during the Pre-bid meeting.

The Contact person :-

BGRL - AHMEDNAGAR & AURANGABAD GA

Mr. Shripad Mandake

Chief Manager – CGD Head (BGRL)-(M)-

[email protected]

Mr. Swapnil S Metkar

Senior Manager - CGD (BGRL)-(M)-

[email protected]

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INVITATION FOR BIDS G11033

Mr. Manoj Addigopula

CGD (BGRL)-(M)-

[email protected]

BGRL - SANGLI & SATARA GA

Mr. Milind Labhane

Chief Manager – CGD Head (BGRL)-(M)-

[email protected]

Mr. Amit S Gokhale

Senior Manager - CGD (BGRL)-(M)-

[email protected]

Mr. Virat Nanda

CGD (BGRL)-(M)-

[email protected]

Mr. Gursharan Singh Jhalli, (TRACTEBEL)- (M)

Project Manager

Mr. Saurabh Kumar / Mrs. Poonam Khurana

General Manager – C&P Deputy Manager

TRACTEBEL Engineering Pvt. Ltd.

37, Institutional Area,

Sector 44,Gurgaon, Haryana-122002.

Tel. No. +91 124

E-mail: [email protected]/ [email protected] /

[email protected]/

12.0 ZERO DEVIATION BIDS

12.1 This is a ZERO deviation bidding process. Bidder is to ensure compliance of all provisions of the bidding

document and submit their bid accordingly. Bids with any deviation to the bid conditions shall be liable for

13.1 BGRL/TRACTEBEL reserves the right to carry out capacity & capability assessment of the bidder

using in-house information and past performance.

13.2 BGRL/TRACTEBEL will not be responsible or liable for cost incurred in preparation, submission &

delivery of bids, regardless of the conduct or outcome of the bidding process.

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

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

13.4 Canvassing in any form by the Bidder or by any other agency on their behalf may lead to disqualification

13.5 Unsolicited clarifications to the bid offer and / or change in the prices during the validity period would

render the bid liable for rejection.

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INVITATION FOR BIDS G11033

13.6 BGRL/TRACTEBEL reserves the right to reject any or all the bids received or annul the bidding process

at any time at their sole discretion without assigning any reason whatsoever.

13.7 BGRL will allow Public Sector Enterprises (Central/State), purchase preference as admissible/ applicable

from time to time under the existing Govt. policy. BGRL shall also follow the Public Procurement Policy

on Procurement of Goods and services from Micro and Small Enterprises (MSEs) Order

13.8 All other terms and condition shall be as per the bidding documents.

13.9 Bidder shall furnish necessary documentary evidence along with the bid, by way of track record, copies of

work order, division of responsibilities for the work performed, completion certificate, MOU document/

commitment letters etc. as per requirement. In absence of such documents, BGRL reserve the right to reject

the Bid without making any reference to the Bidder or assigning any reason what-so-ever. Bidder shall

provide documentary proof in the form of purchase order/contract letter. Offers received without

documentary proof are liable for rejection.

13.10 BGRL / TRACTBEL, at its discretion reserve the right to verify information submitted and inspect

the facilities at party’s work to confirm their capabilities.

13.11 BGRL decision on any matter regarding short listing of bidders shall be final.

13.12 Bids of bidders on “Holiday” as per BGRL/PSU or its subsidiaries records shall not be considered for

evaluation and ordering.

13.13 Failure to meet the above Qualification Criteria will render the Bid liable to be rejected. Therefore, the

bidder shall in his own interest furnish complete documentary evidence in the first instance itself, in support

of their fulfilling the Qualification Criteria as given above. BGRL reserves the right to complete the

evaluation based on the details furnished without seeking any additional Information.

13.14 All documents submitted should be in English only

13.15 The system time that will be displayed on e-procurement (e-bid) web page shall be the time considered for

determining the expiry of due date and time of the tender and no other time shall be taken into cognizance.

13.16 All questions and requests for clarifications or interpretations related to tender documents shall be addressed

The Contact person :-

Mr. Gursharan Singh Jhalli, (TRACTEBEL)- (M)

Project Manager

Mr. Saurabh Kumar / Mrs. Poonam Khurana

General Manager – C&P Deputy Manager

TRACTEBEL Engineering Pvt. Ltd.

37, Institutional Area,

Sector 44, Gurgaon, Haryana-122002.

Tel. No. +91 124

E-mail: [email protected]/ [email protected] /

[email protected]/

13.17 Contact numbers of support desk of BPCL e-procurement (e-bid) website in case of any issue with website

which is as follows:

1 Mr. Dinesh kumar - 09824763363, 079-68136861, [email protected]

2 Mr. Manish kumar Baliyan - 09265871722, 0120-2474951, [email protected]

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INVITATION FOR BIDS G11033

DO NOT OPEN - THIS IS A QUOTATION

Bid Document No. : P.013751 G11031 R029 Dated 12.11.2020

(E-Tender no. BGRL - 100010462020)

Description : SUPPLY OF MOTOR DRIVEN VARIABLE SUCTION

COMPRESSORS FOR CGD PROJECT FOR AHEMEDNAGAR &

AURANGABAD AND SANGLI & SATARA GA IN THE STATE OF

Due Date & Time : 04.12.2020 till 1400 Hrs. (IST)

…………………………………… Gursharan Singh Jhalli, Project Manager,

…………………………………… TRACTEBEL Engineering Pvt. Ltd,

37, Institutional Area, Sector

Gurgaon-122002, Haryana

(To be pasted on the envelope containing Physical documents in line with clause no. 10 above.)

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INSTRUCTIONS TO

BHARAT GAS RESOURCES LTD.

CITY GAS DISTRIBUTION PROJECT FOR AHMEDNAGAR

& AURANGABAD GA AND SANGLI & SATARA GA

SUPPLY OF MOTOR DRIVEN VARIABLE SUCTION

COMPRESSOR FOR CITY GAS DISTRIBUTION

PROJECT FOR AHMEDNAGAR & AURANGABAD GA

AND SANGLI & SATARA GA

INSTRUCTIONS TO BIDDERS (ITB)

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INSTRUCTIONS TO

TABLE OF CONTENTS

8.0 CLARIFICATION OF BIDDING DOCUMENTS ..........................................................

10.0 CONFIDENTIALITY OF BIDDING DOCUMENT ........................................................

15.0 EARNEST MONEY DEPOSIT (EMD) / BID SECURITY ..............................................

18.0 BID REJECTION CRITERIA / COMPLIANCE TO BID REQUIREMENT....................

24.0 MODIFICATION AND WITHDRAWAL OF BIDS .....................................................

25.0 PURCHASER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS..

30.0 EVALUATION OF TECHNO-COMMERCIAL BIDS....................................................

34.0 PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES ...........

36.0 PROVISION REGARDING POLICY TO PROVIDE PURCHASE PREFERENCE (LINKED

37.0 UNSOLICITED POST TENDER MODIFICATION.....................................................

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INSTRUCTIONS TO

39.0 BGRL'S RIGHT TO ACCEPT OR REJECT ANY BID ..................................................

40.0 NOTIFICATION OF AWARD / FAX OF ACCEPTANCE .............................................

41.0 CONTRACT AGREEMENT AND SIGNING OF AGREEMENT.....................................

42.0 MODIFICATION OF INSTRUCTIONS TO TENDER .................................................

43.0 CONTRACT PERFORMANCE GUARANTEE / SECURITY DEPOSIT..........................

47.0 PROVISIONS FOR STARTPUS [APPLICABLE FOR INDIAN BIDDERS ONLY] (AS

DEFINED IN GAZETTE NOTIFICATION NO. D.L-33004/99 DATED 18.02.2016 AND

23.05.2017 OF MINISTRY OF COMMERCE AND INDUSTRY AND AS AMENDED FROM

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INSTRUCTIONS TO

1.0 INTRODUCTION

1.1 This tender deals with the SUPPLY OF MOTOR DRIVEN VARIABLE SUCTION COMPRESSORS

FOR CGD PROJECT FOR AHEMEDNAGAR & AURANGABAD AND SANGLI & SATARA GA

IN THE STATE OF MAHARASHATRA. For details refer Technical Part / SOR / IFB.

1.2 BGRL/TRACTEBEL invites e-bids in two part bids under single stage for the entire scope of work covered

under the Bidding Document on item rate work contract basis (hereinafter for the purpose of these

instructions collectively referred as “WORK”).

1.3 It shall be Bidder’s responsibility to have thorough understanding of the reference documents, site

conditions and specifications included in the Bidding Document.

2.0 ELIGIBILITY OF BIDDERS

The Bidder shall not be under a declaration of ineligibility by Owner for Corrupt/ Fraudulent/ Collusive/

Coercive practices.

2.1 The Bidder is not put on holiday/ banned by BGRL or TRACTEBEL or put on holiday/ banned by any

Government Department/ Public Sector Enterprise on due date of submission of bid. If documents are

downloaded from website, offers submitted by such bidders shall not be considered for opening/

evaluation/award.

In case there is any change in status of the declaration prior to award of contract, the same has to be promptly

informed to BGRL by the bidder.

2.2 The Bidder should not be under any liquidation court receivership or similar proceedings on due date of

submission of bid.

In case there is any change in status of the declaration prior to award of contract, the same has to be promptly

informed to BGRL by the bidder.

It shall be the sole responsibility of the bidder to inform BGRL in case the bidder is under any liquidation

court receivership or similar proceedings on due date of submission of bid and during the course of

finalization of the tender. Concealment of the facts shall tantamount to misrepresentation of facts and shall

lead to action against such Bidders as per BGRL’s policy.

2.3 Bidder shall not be affiliated with a firm or entity:

(i) that has provided consulting services related to the work to the Owner during the preparatory stages

of the work or of the project of which the works/services forms a part of or

(ii) that has been hired (proposed to be hired) by the Owner as an Engineer/ Consultant for the contract.

2.4 Pursuant to qualification criteria set forth in the bidding document, the Bidder shall furnish all necessary

supporting documentary evidence to establish Bidder’s claim of meeting qualification criteria.

2.5 Bidders shall, as part of their bid, submit a written power of attorney authorizing the signatory of the bid to

commit the bidder. Power of Attorney issued by the Board of Directors/ CEO /Chairman/ MD / Company

Secretary of the Bidder/ all partners in case of Partnership firm/any person authorized in terms of Deed of

LLP/Proprietor in favour of the authorised employee(s) of the Bidder, in respect of the particular tender for

signing the Bid and all subsequent communications, agreements, documents etc. pertaining to the tender

and to act and take any and all decision on behalf of the Bidder, is to be submitted.

The authorized employee(s) of the Bidder shall be signing the Bid and any consequence resulting due to

such signing shall be binding on the Bidder.

3.0 ONE BID PER BIDDER

3.1 A Firm/Bidder shall submit only 'one [01] Bid' in the same Bidding Process. A Bidder who submits or

participates in more than 'one [01] Bid' will cause all the proposals in which the Bidder has participated to

be disqualified.

3.2 Alternative Bids shall not be considered.

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INSTRUCTIONS TO

4.0 COST OF BIDDING

4.1 The Bidder shall bear all costs associated with the preparation and submission of the Bid including but not

limited to Bank charges all courier charges including taxes & duties etc. incurred thereof. Further, BGRL

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

5.0 SITE LOCATION / SITE VISIT

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

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

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

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

implementation.

5.2 The Bidder or any of its personnel or agents will be granted permission by BGRL to enter upon its premises

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

or agents will release and indemnify BGRL and his personnel and agents from and against all liabilities in

respect thereof and will be responsible for personal injury (whether fatal or otherwise), loss of or damage

to property, and any other loss, damage, costs, and expenses incurred as a result thereof.

5.3 The Bidder shall not be entitled to hold any claim against BGRL for non-compliance due to lack of any

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

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

CONTACT DETAILS OF TRACTEBEL’S REPRESENTATIVE AT VISIT

Mr. Bajrang Rathod -(TRACTEBEL)- (M)

Resident Construction Manager (RCM), CGD Project - A&A GA,

E-mail: [email protected]

Mr. Shahbaz Ansari, (TRACTEBEL)-M

Resident Construction Manager (RCM), CGD Project – S&S GA,

E-mail: [email protected]

6.0 ACKNOWLEDGEMENT & CONFIRMATION

6.1 Bidder shall acknowledge against the Tender on BPCL’s website https://bpcleproc.in/ and confirm his

intention to bid or reason(s) of not participating in the tendering or in case of regret / negative

acknowledgement.

A. BIDDING DOCUMENT CLARIFICATION AND AMENDMENT

7.0 CONTENTS OF BIDDING DOCUMENT

7.1 The Bidding Document shall be read in conjunction with any amendment issued in accordance with Clause

Volume I Commercial Volume

Ø Section-I : Invitation for Bid [IFB]

Ø Section-II : Instructions to Bidders [ITB]

Ø Section-III : General Conditions of Contract [GCC]

Ø Section-IV : Special Conditions of Contract [SCC]

Ø Section-V : Forms & Formats

Volume II to II – Technical Volume

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INSTRUCTIONS TO

Ø Technical Specifications, Scope of Work and Drawings etc.

7.2 Although all the details presented in this Bidding Document have been compiled with reasonable care,

however, the Bidder is expected to examine the Bidding Document, including all instructions, forms, terms,

specifications and drawings in the Bidding Document and Bidder to ensure that the information provided

is adequate, clearly understood and it includes all documents as per Master Index.

7.3 Bidding documents once issued / downloaded are non-transferable.

8.0 CLARIFICATION OF BIDDING DOCUMENTS

8.1 Bidder shall examine the Bidding Document thoroughly in all respect and if any conflict, discrepancy, error

or omission is observed, Bidder may request clarification within the cutoff date as specified in IFB or prior

to the Bid Closing Date. Such clarification requests shall be directed to the address given in IFB.

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

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

8.3 Response to queries / clarifications raised will be sent as expeditiously as possible to all who have been

issued the Bidding Documents. The response shall not form part of the Bidding Document unless issued as

an Addendum / Amendment. The queries raised (without identifying the sources of the query) and the

responses will be uploaded on website.

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

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

9.0 AMENDMENT OF BIDDING DOCUMENTS

9.1 BGRL may, for any reason whether at his own initiative or in response to the clarification requested by the

prospective bidder(s), issue amendment in the form of Addendum during the bidding period and subsequent

to receiving the bids. Any addendum thus issued shall be part of the Bidding Documents and Bidder shall

submit ‘Original’ Addendum / Compliance letter duly signed and stamped in token of his acceptance.

9.2 For Addendum issued during the bidding period, Bidder shall consider the impact in his bid. For Addendum

issued subsequent to receiving the bids, Bidder shall follow the instructions issued along with addendum

with regard to submission of impact on quoted price / revised price, if any.

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

a reasonable time to furnish their most competitive bid taking into account the amendment issued thereof.

10.0 CONFIDENTIALITY OF BIDDING DOCUMENT

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

10.2 The Bidding Document is and shall remain the exclusive property of BGRL without any right to Bidder to

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

B. PREPARATION OF BIDS

11.0 LANGUAGE OF BID

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

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

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

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

interpretation of the bid, the English translation shall govern.

12.0 DOCUMENTS COMPRISING THE BID

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

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

12.2 The bid shall be submitted by uploading relevant document in respective covers provided in the e-tendering

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INSTRUCTIONS TO

• Earnest Money Deposit

• Documentation Against Bidder Qualification Criteria

• Techno-Commercial / Unpriced Bid

12.3 Documentation against Bid Evaluation Criteria shall contain the following documents and to be uploaded

in e-tendering website:

• Work order / PO / Agreement of similar works executed / completed by the bidder mentioning the value

and the scope of work as documentary evidence.

• Completion/ Execution Certificate of similar works from the client / end user / any documentary

evidence to establish successful completion of similar works.

• Audited balance sheets and profit & loss statements of immediately preceding three financial years

12.4 Techno-Commercial / Un-priced bid shall contain the following documents and to be uploaded in e-

tendering website:

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

b) As a confirmation that the prices are quoted in requisite format complying with the requirements copy

of Schedule of Rate (SOR without rate) with prices blanked out mentioning quoted / not quoted (as

applicable) written against each SOR line item.

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

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

case of limited company.

e) Duly attested documents in accordance with the "BID EVALUATION CRITERIA [BEC]"

establishing the qualification.

f) 'Bidder's General Information', as per 'Form F-1'.

g) 'Bid Form', as per 'Form F-2'

h) Information about current litigation/ Arbitration, if any, in which bidder is involved as per Form F-3

i) Bidder’s financial Capabilities as per Form F-4

j) Declaration by Bidder as per Form F-5

k) 'No Deviation Confirmation', as per 'Form F-6'

l) Checklist for submission of bid, in 'Form F-7'

m) 'Agreed Terms and Conditions', as per 'Form F-8'

n) Declaration by Black Listing / Holiday Listing as Per 'Form F-9'

o) Bank Mandate Form as Per 'Form F-10'

p) Undertaking for Non-Engagement of Child Labour as Per 'Form F-11'

q) Bidder's Queries as per 'Form F-12'

r) Integrity Pact as Per 'Form F-13'

s) Indemnity Bond as per 'Form F-14'

t) Declaration of liquidation, court receivership or similar proceeding as per Clause No. – 10.0 of IFB

u) Cancelled Cheque of bidders.

v) Any other information/details required as per Bidding Document

w) EMD / Bid Security

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INSTRUCTIONS TO

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

12.5 Price Bid shall consist of :

Schedule of Rates duly filled in rates.

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

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

12.6 Earnest Money Deposit / Bid Security:

EMD / Bid Security, in the form of Crossed Demand Draft (DD) / Bank Guarantee (as per proforma

provided in GCC) of requisite amount in favour of “Bharat Gas Resources Ltd.” payable at Mumbai, as

stipulated in IFB, shall be submitted in following manner:

Original EMD : Not later than Seven (7) calendar days from the date of Bid Opening

Copy of Original EMD : Scanned & uploaded in E-Tendering Portal along with the Bid

In case of exemption of EMD as per clause 15 below, the scanned copy of the requisite documents such as

self-attested copy of valid registration certificate should be uploaded in e-tender website. However, original

of the same should be sent to TRACTEBEL office, Gurgaon within 07 calendar days from the date of Bid

Opening along with other original documents.

12.7 Bidder shall submit the following documents in ORIGINAL within Seven (7) calendar days from the date

of Bid Opening, providing copy of the same have been uploaded on E- Tendering Website:

i) Original EMD / Self-attested copy of valid NSIC / MSE certificate.

ii) Original Power of Attorney.

iii) Original signed and stamped Integrity Pact.

iv) Original Declaration of liquidation, court receivership or similar proceeding

The address for submission of original documents is as follows:

TRACTEBEL Engineering Pvt. Ltd.

Intec house, Plot No. 37, Institutional Area,

Sector 44, Gurgaon, Haryana-122002.

13.0 BID PRICES & BIDDING CURRENCY

13.1 Unless otherwise permitted in the Bidding Document, the bid shall be for the complete scope of work.

13.2 Unless stated otherwise in the Bidding Documents, the Contract shall be for the whole works as described

in Bidding Documents, based on the rates and prices submitted by the Bidder and accepted by the owner.

The prices quoted by the Bidders will be inclusive of all taxes except GST (CGST & SGST / UTGST or

IGST), which shall be separately indicated.

13.3 Prices must be filled in format for "Schedule of Rates [SOR]" uploaded at BPCL e- portal. If quoted in

separate typed sheets and any variation in item description, unit or quantity is noticed; the Bid is liable to

13.4 Bidder shall quote for all the items of "SOR" after careful analysis of cost involved for the performance of

the completed item considering all parts of the Bidding Document. In case any activity though specifically

not covered in description of item under "SOR" but is required to complete the works as per Specifications,

Scope of Work / Service, Standards, General Conditions of Contract (“GCC"), Special Conditions of

Contract ("SCC") or any other part of Bidding Document, the prices quoted shall deemed to be inclusive

of cost incurred for such activity.

13.5 All duties, taxes and other levies [if any] payable by the Contractor under the Contract, or for any other

cause except final GST (CGST & SGST / UTGST or IGST) shall be included in the rates / prices and the

total bid-price submitted by the Bidder. Applicable rate of GST (CGST & SGST / UTGST or IGST) on

the contract value shall be indicated in unpriced offer.

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INSTRUCTIONS TO

13.6 Prices quoted by the Bidder, shall remain firm and fixed and valid until completion of the Contract and will

not be subject to variation on any account. Any new taxes & Duties, if imposed by the State/ Govt. of India

after due date of bid submission but before the Contractual Delivery Date, shall be reimbursed to the

contractor on submission of documentary evidence for proof of payment to State/ Govt. Authorities and

after ascertaining it’s applicability with respect to the contract.

13.7 Further, Bidder shall also mention the Service Accounting Codes (SAC) at the designated place in SOR.

13.8 Bidder shall quote price after careful analysis of cost involved for the performance of the work considering

all parts of the Bidding Documents. In case any activity though specifically not covered in description of

item under ‘Schedule of Rates (SOR)’ but is required to complete the work, which could be reasonably

implied / inferred from the contents of the Bidding Document, the prices quoted shall deemed to be

inclusive of cost incurred for such activity.

13.9 The prices shall be based on conditions specified in General Conditions of Contract, Special Conditions of

Contract, Scope of Work, Scope of Supply, Technical Specifications and other contents of Bidding

13.10 Prices quoted by the bidder, shall remain firm, fixed and valid until completion of the Contract performance

and will not be subject to variation on any account except as otherwise specifically provided in the tender

13.11 Currency of Bid and Payment shall be only in INR.

13.12 It will be the duty of BIDDER / CONTRACTOR to duly observe and comply with all laws, rules,

regulations, orders and formalities applicable to GST, and other taxes & duties etc. on the manufacture, sale

and / or supply of any material to the BGRL. The BIDDER /CONTRACTOR shall keep the BGRL

indemnified from and against any and all claims, demands, prosecutions, penalties, damages, demurrages

and / or other levies whatsoever made or levied by any Court, Tribunal or the Customs or other Authorities

with respect to any alleged breach, evasion or infraction of such duties, taxes, charges or levies or any

breach or infraction of such laws, rules, regulations, orders or formalities concerning the same and from the

consequence thereof.

13.13 No Mobilization Advance and No secured advance will be paid.

13.14 TAXES & DUTIES

I. Reference of taxes subsumed in GST (Excise Duty, Sales Tax, VAT, Service Tax, octroi, entry tax etc.),

wherever appearing in the tender document/ GCC/GPC, shall appropriately be read as GST as per

Accordingly, GST registration certificate shall be submitted by bidder in place of Service Tax

Invoice (Cenvatable, if applicable)’ or ‘Cenvatable bills (if applicable)’ wherever appearing in the

tender shall be read as ‘Invoice as per GST Act/ Law’.

14.0 BID VALIDITY

14.1 Bid shall remain valid for a minimum period of 6 (Six) months from final due date of submission of Bid.

During the above period, bidders shall not be entitled to revoke or cancel their Bid or to vary the Bid given

or any term thereof without written consent of the BGRL. In case, bidders are revoking or cancelling their

Bid or varying any terms in regard thereof without the written consent of BGRL, BGRL shall forfeit EMD

and reject their bids. Such Bidder also may be put on Holiday list.

14.2 BGRL may request the bidders for extension of the period of validity of bid. If the Bidder agrees to the

extension request, the validity of Bank Guarantee towards EMD shall also be suitably extended. Bidders

may refuse the request of extension of bid validity without forfeiting his EMD. However, bidders agreeing

to the request for extension of validity of bid shall not be permitted to modify the bid because of extension,

unless specifically invited to do so.

15.0 EARNEST MONEY DEPOSIT (EMD) / BID SECURITY

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INSTRUCTIONS TO

15.1 Bidder shall furnish, as part of its Bid, EMD for an amount as indicated in the IFB. The Bids not

accompanied with EMD or EMD not as per Pro-forma given in the Bidding Document shall be considered

as non-responsive and such Bids shall be liable for rejected. BGRL shall not pay any interest on EMD

15.2 Details of EMD shall be entered before uploading of bid and copy of EMD shall be uploaded in the

respective cover provided in the e-tendering website for a value specified in IFB.

15.3 Following categories of bidders shall be exempted from paying Earnest Money Deposit

i. Units registered with National Small Industries Corporation (NSIC).

ii. Units falling under Micro & Small Enterprises (MSEs) category as defined under the

The above are subject to the fulfilling of under mentioned conditions:

a) Units should be registered with National Small Scale Industrial Corporation Limited

(NSIC) or with any of the Authorities specified under the Public Procurement Policy for MSE’s

(DIC / KVIC / KVIB / Coir Board / NSIC / Directorate of Handicrafts and

Handloom or any other body specified by Ministry of MSME).

b) Registration Certificate is valid for a period at least upto validity of the offer.

c) Self-attested copy of valid relevant registration certificate should be submitted in support.

d) Registration with DGS&D will not entitle a Tenderer to claim above exemption.

15.4 Bid securities of unsuccessful bidders will be returned upon award of Contract. However,

EMD of the successful Bidder will be returned upon the Bidder's executing the Contract, and

furnishing the Security Deposit.

15.5 The EMD may be forfeited:

i) If a Bidder withdraws its bid during the period of Bid Validity or does any breach of

tendering terms and conditions, or

ii) If a bidder modifies his bid on his own.

iii) If a bidder after opening of price bid increases the price, though within the validity

period and even though the offer remains lowest

iv) In case of a successful Bidder, if the Bidder fails, within the specified period:

a. to sign the Contract.

b. to furnish the Security Deposit.

16.0 PRE-BID QUERIES

16.1 The purpose of the pre-bid queries will be to clarify issues and to answer questions on any matter pertaining

to the Tender conditions that may be raised by bidders who have been issued the Bidding Document.

16.2 The bidder is requested to submit any queries / clarification / information pertaining to

Bidding Document in writing delivered by hand or by fax / e-mail as per Form F-12 enclosed in the Bidding

Document so as to reach BGRL not later than the date specified in the Notice Inviting Tender. Queries /

Clarifications / Information sought in any other manner shall not be responded to. The editable soft copies

of the queries may also be e-mailed at the address [email protected] /

[email protected] / [email protected] / to enable

BGRL/TRACTEBEL to prepare replies to the queries against each query in the same format expeditiously.

16.3 BGRL/ TRACTEBEL’s responses to Bidder’s queries / clarifications raised will be furnished as

expeditiously as possible to all those who have downloaded the Bidding Document and shall be e-mailed

to all other bidders who have downloaded the Bidding Document.

Any modification of the Bidding Document, which may become necessary as a result of the pre-bid

queries shall be intimated to all bidders through the issue of an Addendum / Amendment.

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INSTRUCTIONS TO

17.0 FORMAT AND SIGNING OF BID

17.1 The bidder shall upload the Techno-commercial bid duly filled, signed and stamped and the price bid in

excel file duly filled rates in respective folder provided in the e-tendering website.

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

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

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

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

correcting fluid is found, the offer shall be liable to be rejected. All corrections / cuttings / alterations shall

be signed in full by the Bidder with date.

18.0 BID REJECTION CRITERIA / COMPLIANCE TO BID REQUIREMENT

18.1 BGRL/ TRACTEBEL expect Bidder’s compliance to requirement of Bidding Document without any

deviation and submit substantially responsive bid.

18.2 Bids not compliance to requirement of Bidding Document shall not be accepted and BGRL / TRACTEBEL

may not seek any clarification / correspondence from bidders in case sufficient acceptable bids are received.

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

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

Evaluation criteria of Tender. Bids not complying with BGRL/ TRACTEBEL’s requirement may be

rejected without seeking any clarifications.

18.4 In any case, no exception or deviation shall be accepted to the following critical stipulations of Bidding

Document and bids containing deviations / exceptions to these shall be considered to be non-responsive

and are liable to be rejected:

• Earnest Money Deposit

• Arbitration clause

• Defect Liability Period

• Schedule of Rates

• Completion schedule / Time Schedule

• Security Deposit / Performance Bank Guarantee

• Mobilization Advance

• Price Reduction Schedule

• Termination and suspension

• Force Majeure

• Scope of Work / Scope of Supply

• Liquidated Damages for Delay

• Integrity Pact

• Any other rejection criteria specified elsewhere in the Bidding Document.

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INSTRUCTIONS TO

18.5 The deviation on other clauses, if unavoidable, should be furnished as per Form-6 attached. Exception /

Deviations submitted in any other form and mentioned elsewhere in their Bid shall not be considered. If

any exception / deviation are acceptable to BGRL, the same shall be issued to all bidders through an

amendment. All other deviations / exceptions, not incorporated in amendment, shall be withdrawn by

bidders failing which offer of such bidders shall not be acceptable. If a bidder takes any further deviations

other than those agreed, while submitting the revised price bid / price implication (if any), his bid shall be

rejected outright without any reference. In case any deviations is found in the revised price bid / price

implication, the bidder is also liable to be placed on holiday for future tenders.

BGRL has initiated payments to Suppliers and Contractors electronically, and to facilitate the payments

electronically through 'e-banking'. The bidder should give the details of his bank account as per the bank

mandate form F-10.

20.0 CHECK LIST FOR SUBMISSION OF BID

20.1 To assist Bidder in ensuring the completeness of bid, a checklist for submission of various

documents / details in un-priced commercial part of bid, has been enclosed.

20.2 Bidder is required to fill the checklist and submit along with the bid for ready reference. All

documents shall be submitted under various sections as per this Check List.

C. BID SUBMISSION

21.0 SUBMISSION OF BID

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

cannot be uploaded by bidders on the website beyond the Bid Due Date and time.

21.2 Bids shall be submitted through e-tender mode in the manner specified elsewhere in tender document. No

Manual/ Hard Copy (Original) offer shall be acceptable.

22.0 DATE, TIME & PLACE OF SUBMISSION

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

the IFB or any extension thereof as duly notified at http://bpcleproc.in/. (However, Bidders are requested

not to ask any extension in due date for submission of Bids in view of tight project schedule.)

22.2 Bidders are advised in their own interest to carefully go through various help links provided at BPCL E-

Tendering website so as to ensure that bids are uploaded in E-Tendering website well before the closing

date and time of bid submission.

22.3 In the event of failure in bidder’s connectivity with BPCL website during the last few hours on account of

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

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

bid in advance.

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

no bids can be submitted thereafter.

23.2 Unsolicited Bids or Bids received to address other than one specifically stipulated in the tender document

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

stipulated date & time.

24.0 MODIFICATION AND WITHDRAWAL OF BIDS

24.1 The Bidder may modify or withdraw its Bid after the Bid's submission but prior to the due date prescribed

for submission of Bids by selecting the detaching option available in the e-tender portal.

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INSTRUCTIONS TO

24.2 No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and

the expiration of the period of bid validity specified by the bidder. Withdrawal of a bid during this interval

shall result in the forfeiture of bidder's EMD / Bid security.

25.0 PURCHASER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

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

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

Bidders or any obligations to inform the affected Bidder or Bidders of the ground for BGRL's action.

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

shall respond quickly.

D. E-BID OPENING AND EVALUATION

26.0 OPENING OF BIDS

26.1 The un-priced Bids shall be opened online through e-tender portal, at the specified date and time given in

the RFQ document or extended otherwise. The Bidders who have submitted their Bid will be able to view

online the name & status of all the Bidders at their respective windows, after Bid opening by BGRL.

27.0 CLARIFICATIONS OF BIDS

27.1 BGRL / TRACTEBEL, if necessary, will obtain clarifications on the Bid by requesting for such information

/ clarification from any or all Bidders, either in writing or through personal contact. All responses shall be

in writing, and no change in the price or substance of the bid shall be permitted unless specifically sought

by BGRL / TRACTEBEL.

28.0 CONFIDENTIALITY

28.1 Information relating to the examination, clarification, evaluation and comparison of Bids, and

recommendations for the award of a Contract, shall not be disclosed to Bidder(s) or any other persons not

officially concerned with such process.

29.0 CONTACTING THE OWNER / CONSULTANT

29.1 From the time of Bid opening to the time of award of Contract, if any Bidder wishes to contact the Owner

/ Consultant on any matter related to the Bid, it should do so in writing. Information relating to the

examination, clarification, evaluation & recommendation for award shall not be disclosed.

29.2 Any effort by the Bidder to influence the Owner / Consultant in the 'Bid Evaluation', 'Bid Comparison', or

'Contract Award' decisions may result in the rejection of the Bidder's Bid.

30.0 EVALUATION OF TECHNO-COMMERCIAL BIDS

30.1 Prior to price opening of bids, BGRL/ TRACTEBEL will determine whether each bid

• is accompanied by required EMD (as applicable)

• Fulfils the Bid Evaluation Criteria stated in IFB.

• Totally compliance to the requirement of the Bidding document.

• provides any clarifications and / or requirement pursuant to clause 27.0 above

30.2 Bidder shall submit all the details asked for with their Bid. However, BGRL/ TRACTEBEL may give

opportunity to the Bidders to submit missing details or clarifications within the stipulated time. In case

these are not submitted within stipulated time, offer of the Bidder will be evaluated based on available

details. The same shall be considered, if found adequate or else shall be rejected.

30.3 BGRL reserve the right to use in-house information for assessment of capability of Bidder and their

performance on jobs completed / in progress for evaluation purpose.

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INSTRUCTIONS TO

30.4 Pro-forma of Integrity Pact (IP) shall be returned by the Bidder along with the un-priced bid documents,

duly signed by the same signatory who is authorized to sign the bid documents. All the pages of the Integrity

Pact shall be duly signed. Bidder’s failure to return the IP duly signed along with the bid documents shall

result in the bid not being considered for further evaluation. Proforma of Integrity Pact is attached in tender

document as Form F-13.

30.5 Bidders may raise dispute / complaints, if any, with the nominated Independent External Monitors as

mentioned in the Integrity Pact Document.

30.6 Directives issued by Govt. of India from time to time shall be given due consideration during bid evaluation.

31.0 OPENING OF PRICE BID

31.1 Price part of only those bidders, whose bids are considered techno-commercially acceptable, shall be

opened online. Bidders selected for opening of their price bids shall be informed about the date of price bid

opening. The considered techno-commercially acceptable Bidder will be able to view online the price sheets

of other techno-commercially acceptable bidders at their respective windows, after priced bid opening.

32.0 CORRECTION OF ERRORS

32.1 Bids determined to be substantially responsive will be checked by the Owner for any arithmetic errors.

Errors will be corrected by the Owner as follows:

(i) When there is a difference between the rates in figures and words, the rate which corresponds to the

amount worked out by the Bidder (by multiplying the quantity and rate) shall be taken as correct.

(ii) When the rate quoted by the Bidder in figures and words tallies but the amount is incorrect, the rate

quoted by the contractor shall be taken as correct and not the amount and the amount shall be re-

calculated/ corrected accordingly.

(iii) When it is not possible to ascertain the correct rate, in the manner prescribed above, the rate as

quoted in words shall be adopted and the amount worked out, for comparison purposes

32.2 The amount stated in the bid will be adjusted by the Owner in accordance with the above procedure for the

correction of errors. If the bidder does not accept the corrected amount of bid, its bid will be rejected, and

the bid security shall be forfeited.

33.0 EVALUATION OF PRICE BIDS

33.1 The evaluation for award shall be made on OVERALL LOWEST BASIS (L1) basis including applicable

GST (CGST & SGST/ UTGST or IGST). Bidders must quote for complete scope of work of all SOR Line

items, failing which their offer shall not be considered for evaluation.

33.2 Evaluated price will include quoted prices along with taxes and duties, Owner’s liability towards customs

duty, Goods & Service Tax (GST) and any other taxes and duties as applicable, Technical loading as defined

in Technical Specification & Commercial loading if any, shall be considered while comparing prices.

Evaluated Price = Installation & Commissioning of Package + P&F + Freight + Insurance + AMC Price

for 3 years + Technical Loading (if applicable) + Taxes/ Duties as applicable.

BGRL IS NOT ENTITLED FOR INPUT CREDIT OF GST (CGST& SGST /UTGST OR

IGST) IN CASE OF PRESENT TENDER.

The OWNER / OWNER’s CONSULTANT will evaluate and compare bids on complete scope of

work i.e. Supply, Services & Comprehensive Maintenance of SOR item.

1. In case the bidder is covered under Composition Scheme under GST laws, then bidder should

quote the price inclusive of the GST (CGST&SGST/UTGST or IGST). Further, such bidder

should mention “Cover under composition system” in column for GST (CGST&SGST/UTGST

2. In case any cess on GST is applicable, same shall also be considered in evaluation.

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INSTRUCTIONS TO

33.3 BIDS NOT CONFORMING TO TECHNICAL SPECIFICATIONS / REQUIREMENTS SHALL

BE LIABLE FOR REJECTION.

34.0 PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES

34.1 Following provision has been incorporated for Micro and Small Enterprises (MSE), in line with

notification of Government of India, vide Gazette of India No. 503 dated 26.03.2012 proclaiming

the Public Procurement Policy on procurement of goods and services from MSEs.

34.2 Issue of tender document to MSEs free of cost.

34.3 Exemption to MSEs from payment of EMD.

In Tender, participating Micro and Small Enterprises quoting price within price band of L 1 +15%

shall also be allowed to supply a portion of requirement by bringing down their prices to Ll price

in a situation where Ll price is from someone other than a micro and small enterprises and such

micro and small enterprises shall be allowed to supply upto 25% of the total tendered value. In case

of more than one such Micro and Small Enterprises, the supply shall be shared proportionately (to

tendered quantity).

Further, out of above 25%, 4% shall be reserved for MSEs owned by SC/ST entrepreneurs. Further,

3% shall be reserved for MSEs owned by women within above 25% reservation. The respective

quota(s) shall be transferred to other MSEs in case of non-availability of MSEs owned by SC/ST

entrepreneurs/ MSEs owned by Women.

The quoted prices against various items shall remain valid in case of splitting of quantities of the

In case tendered item is non-splitable or non- dividable, MSE quoting price within price band L1

(other than MSE) + 15% , may be awarded for full/ complete supply of total tendered value subject

to matching of L1 price.

34.4 The MSE(s) owned by SC/ST/ Woman Entrepreneurs shall mean:-

a) In case of proprietary MSE, Proprietor(s) shall be SC/ST/Woman.

b) In case of partnership MSE, the SC/ST/Woman partners shall be holding atleast 51% share in

c) In case of private Limited Companies, at least 51% share is held by SC/ST/Woman. If the

MSE is owned by SC/ST/Woman Entrepreneurs, the bidder shall furnish appropriate

documentary evidence in this regard.

34.5 In case Bidder is a Micro or Small Enterprise under the Micro, Small and Medium Enterprises

Development Act, 2006, the Bidder shall submit the following :

a) Documentary evidence that the Bidder is a Micro or Small Enterprises registered with District

Industries Centers or Khadi and Village Industries National Small Industries Corporation or

Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small

and Medium Enterprises or Udyog Aadhar Memorandum.

b) If the MSE is owned by SC/ST/Woman Entrepreneurs, the Bidder shall furnish appropriate

documentary evidence in this regard.

The above document(s) submitted by the Bidder shall be duly certified by the Statutory

Auditor of the bidder or a practicing Chartered Accountant (not being an employee or a

Director or not having any interest in the bidder's company / firm) where audited accounts

are not mandatory as per law and notary public with legible stamp.

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INSTRUCTIONS TO

If the bidder does not provide the above confirmation or appropriate document or any evidence,

then it will be presumed that they do not qualify for any preference admissible in the Public

Procurement Policy (PPP)

Further, MSEs who are availing the benefits of the Public Procurement Policy (PPP) 2012 get

themselves registered with MSME Data Bank being operated by NSIC, under SME Division, M/o

MSME, in order to create proper data base of MSEs which are making supplies to CPSUs.

34.6 The benefit of policy are not extended to the traders/dealers/ Distributors /Stockiest/Wholesalers.

34.7 NSIC has initiated a scheme of “Consortia and Tender Marketing Scheme” under which they are

assisting the Micro & Small enterprises to market their products and services through tender

participation on behalf of the individual unit or through consortia.

34.8 Accordingly, if the MSEs or the consortia, on whose behalf the bid is submitted by NSIC, is meeting

the BEC and other terms and conditions of tender their bid will be considered for further evaluation.

Further, in such cases a declaration is to be submitted by MSE/ consortia on their letter head (s)

that all the terms and conditions of tender document shall be acceptable to them.

34.9 Present Tender items are split able.

35.0 ANTI-PROFITEERING CLAUSE

As per Clause 171 of GST Act it is Mandatory to pass on the benefit due to reduction in rate of tax or from

input tax credit to the consumer by way of commensurate reduction in prices. The Supplier of Goods /

Services may note the above and quote their prices accordingly. Bidder shall submit an undertaking to this

effect as per the format enclosed. .

36.0 PROVISION REGARDING POLICY TO PROVIDE PURCHASE PREFERENCE

(LINKED WITH LOCAL CONTENT) (PP-LC)

SHALL BE AS PER APPENDIX - I TO ITB for SPECIAL PURCHASE CONDITIONS.

37.0 UNSOLICITED POST TENDER MODIFICATION

37.1 Bidders are advised to quote as per terms and conditions of the Bidding Document and not to stipulate

deviations / exceptions. Once quoted, the bidder shall not make any subsequent price changes, whether

resulting or arising out of any technical / commercial clarifications and details sought on any deviations,

exceptions or stipulations mentioned in the bid unless any amendment to Bidding Document is issued by

BGRL. Similarly, no revision in quoted price shall be allowed should the deviations stipulated by him are

not accepted by Owner and are required to be withdrawn by him in favour of stipulation of the Bidding

Document. Any unsolicited proposed price change is likely to render the bid liable for rejection.

37.2 In the event of any suo-moto price increase sought by a bidder subsequent to the bid due date and which is

not as a result of any change in scope of work or terms and conditions, the bid of such a bidder shall be

37.3 After opening of price bid, if the bidder increases the price, though within the validity period and even

though the offer remains lowest, the bid should be rejected. In such event, the EMD of bidder shall be

forfeited and shall not be considered for future enquiries for such actions.

37.4 Suo-moto Price reduction after price bid opening are to be ignored for evaluation. However, if the same

bidder happens to be the lowest based on original price bids, the benefit of such reduction may be availed

of while placing order.

37.5 Canvassing in any form will make the bid liable for rejection.

Rev. 0 Supply of Motor Driven Variable Suction Compressor for Maharashtra GA. Page 16 of

INSTRUCTIONS TO

F. AWARD OF CONTRACT

38.0 AWARD OF CONTRACT

38.1 The Owner will place the order on the successful bidders whose bid have been determined to be

substantially responsive and have been selected for award on OVERALL LOWEST(L1) COST BASIS.

39.0 BGRL'S RIGHT TO ACCEPT OR REJECT ANY BID

39.1 BGRL reserves the right to accept or reject any bid and to annul the bidding process and reject all bids at

any time prior to award of contract, without thereby incurring any liability to the affected bidder or bidders

or without any obligation to inform the affected bidder or bidders of the grounds or the reasons for BGRL’s

39.2 in the opinion of BGRL, if the total price or certain item rates quoted by the lowest bidder are considered

high, he may invite the lowest bidder for price negotiation. lowest bidder shall attend such negotiation

meetings and if requested by BGRL shall provide the analysis of rates / break-up of amount quoted by him

for any or all items of schedule of rates to demonstrate the reasonability. as a result of negotiation, bidder

may offer rebate on his earlier quoted price.

40.0 NOTIFICATION OF AWARD / FAX OF ACCEPTANCE

40.1 Bidder, whose bid is accepted by BGRL, shall be issued Letter of Intent (LOI) prior to expiry of bid validity.

Bidder shall confirm acceptance by returning a signed copy of the LOI.

40.2 BGRL/ TRACTEBEL shall not be obliged to furnish any information / clarification / explanation to the

unsuccessful Bidders as regards non-acceptance of their bids, except for refund of EMD to unsuccessful

Bidders, BGRL shall correspond only with the successful Bidder".

41.0 CONTRACT AGREEMENT AND SIGNING OF AGREEMENT

41.1 The Contractor shall execute a formal contract with BGRL within specified period from the date of issue

of Detailed Letter of Acceptance on a non-judicial stamp paper and of appropriate value. The cost of non-

judicial stamp paper shall be borne by the Contractor.

41.2 Contract documents for agreement shall be prepared after the acceptance of bid. Until the

final contract documents are prepared and executed, this Bidding Document together with the annexed

documents, modifications, deletions agreed upon by BGRL and bidder’s acceptance thereof shall constitute

a binding contract between the successful Bidder and BGRL based on terms contained in the aforesaid

documents and the finally submitted and accepted prices.

41.3 The contract shall be signed directly between Owner and Contractor.

41.4 The Contract document shall consist of the following:

i) Contract Agreement on Non Judicial Stamp Paper

ii) Detailed Letter of Award / Acceptance along with enclosures

iii) Original Bidding Document.

iv) Amendment / Corrigendum to original Bidding Document issued, if any.

v) Letter of Intent (LOI)

vi) Integrity Pact

41.5 For all works of value 2 (Two) Lakhs and more, a formal agreement shall be signed between BGRL and

Contractor in the format given in GCC, on non-judicial stamp paper of appropriate value. Cost of stamp

paper shall be borne by the Contractor. Payments for such jobs shall be made by BGRL only after signing

agreement by authorized representatives of BGRL and the Contractor. One original plus 2 (Two) copies of

the contract documents shall be signed by the contractor and other copies shall be stamped. Original

agreement on stamp paper shall be retained by BGRL and one signed copy shall be given to Consultant and

the Contractor.

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INSTRUCTIONS TO

42.0 MODIFICATION OF INSTRUCTIONS TO TENDER

42.1 Instructions to Tenderers of GCC stand modified to the extent as specified in this Instructions to Bidders.

43.0 CONTRACT PERFORMANCE GUARANTEE / SECURITY DEPOSIT

43.1 After Notification of Award of works by BGRL, the successful bidder shall furnish a performance guarantee

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

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

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

with an Indian Scheduled Bank.

44.0 CARTEL FORMATION

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

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

45.0 FRAUDULENT PRACTICES

45.1 BGRL requires that Bidders / Vendors / Contractors observe the highest standard of ethics during the award

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

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

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

BGRL of the benefits of free and open competition.

45.2 BGRL will reject a bid for award if it determines that the bidder recommended for award has engaged in

fraudulent practices in competing for the Contract in question.

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

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

shall be considered adequate ground for rejection of bids and forfeiture of Earnest Money Deposit.

45.4 In case, information / document furnished by the Bidder / Vendor / Contractor forming basis of evaluation

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

the contract and get the remaining job executed at the risk & cost of such Bidder / Vendor / Contractor

without any prejudice to other rights available to BGRL under the contract such as forfeiture of CPBG /

Security Deposit, withholding of payment etc.

45.5 In case, this issue of submission of false document comes to the notice after execution of work, BGRL shall

have full right to forfeit any amount due to the Bidder / Vendor / Contractor along with forfeiture of CPBG

/ Security Deposit furnished by the Bidder / Vendor / Contractor.

45.6 Further, such Bidder / Vendor / Contractor shall be put on Blacklist / Holiday / Negative List of BGRL

debarring them from future business with BGRL for a time period, as per the prevailing policy of BGRL.

46.0 INTEGRITY PACT

The bidder(s) are required to execute the “Integrity Pact” attached in the Bid Document. In case a bidder

does not sign the Integrity Pact, his bid shall be liable for rejection.

47.0 PROVISIONS FOR STARTPUS [APPLICABLE FOR INDIAN BIDDERS ONLY] (AS

DEFINED IN GAZETTE NOTIFICATION NO. D.L-33004/99 DATED 18.02.2016 AND

23.05.2017 OF MINISTRY OF COMMERCE AND INDUSTRY AND AS AMENDED FROM

[NOT APPLICABLE FOR THIS TENDER.]

Rev. 0 Supply of Motor Driven Variable Suction Compressor for Maharashtra GA. Page 18 of

INSTRUCTIONS TO

48.0 IEM DETAILS

Integrity Pact Program –Details of Independent External Monitors to be mentioned in tender documents-

Shri. Ramabhadran Shri. Virendra Bahadur Shri. Anupam

Ramanujam Singh Kulshreshtha

ADDRESS ADDRESS ADDRESS

44/24, 3rd trust Cross H.No. B-5/64, Vineet B-3/3, ‘Yarrows

Street, Khand, Gomati Nagar, Apartments’,

Mandavelipakkam, Lucknow - 226010 Plot C-58/5, Sector

Chennai 600028. Noida, UP -201309

[email protected] [email protected] [email protected]

Mob. No. 9495511954 Mob. No. 8853760730 Mob. No.

Rev. 0 Supply of Motor Driven Variable Suction Compressor for Maharashtra GA. Page 19 of

INSTRUCTIONS TO BIDDERS (ITB) G11033

BHARAT GAS RESOURCES LIMITED

CITY GAS DISTRIBUTION PROJECT FOR AHMEDNAGAR

& AURANGABAD GA AND SANGLI & SATARA GA

SUPPLY OF MOTOR DRIVEN VARIABLE SUCTION

COMPRESSOR FOR CITY GAS DISTRIBUTION

PROJECT FOR AHMEDNAGAR & AURANGABAD GA

AND SANGLI & SATARA GA

APPENDIX - I TO ITB

THE APPENDIX - I TO ITB FOR SPECIAL PURCHASE CONDITIONS

DATED 07.Sept.2020 OF

BHARAT PETROLEUM CORPORATION LIMITED (BPCL)

SHALL BE ALSO REFERRED TO FOR

BHARAT GAS RESOURCES LIMITED (BGRL) TENDERS.

ALL THE TERMS & CONDITIONS IN THE ENCLOSED APPENDIX - I

TO ITB SHALL BE APPLICABLE FOR THIS TENDER.

Rev. 0 Supply of Motor Driven Variable Suction Compressor for Maharashtra GA Page 1 of

Version:7 sept20

SPECIAL PURCHASE CONDITIONS (WHEREVER APPLICABLE)

A. POLICY FOR PURCHASE PREFERENCE LINKED TO LOCAL CONTENT: APPLICABLE IN

GLOBAL TENDERS : Under this policy the bidders are allowed to avail the purchase preference

linked with attaining the stipulated local content. In order to avail the purchase preference under this

policy bidder shall achieve minimum local content (LC) of 20 %. The policy shall be implemented in

the following manner.

a. In case the lowest (L1) bidders meet the stipulated LC criteria, the bidders shall be awarded

to such bidder.

b. In case none of the bidders meet the stipulated LC criteria, the order shall be awarded to

c. In case the lowest bidder does not meet the stipulated LC criteria, the bidders shall be ranked

in the ascending order of evaluated prices and next bidder meeting minimum stipulated LC

and with his evaluated prices band of (+) 10% of the lowest bidders evaluated price, shall

be given opportunity to supply 50% of requirement by matching the lowest bidders evaluated

price. However, if 50% quantity works out of fraction of quantity, the bidders shall be

considered for next higher quantity. In case the quantity cannot be spilt, the order shall be

placed with entire quantity.

d. In case there are more than one bidder within the price band of (+) 10% of the lowest bidders

evaluated price, they shall be ranked in ascending order of their evaluated price. The

opportunity of matching the price shall be accordingly starting the lowest bidder out of these

bidders and in case of his refusal, to the next bidder, and so on.

e. In case none of the bidders who meet the stipulated LC criteria agree to match the lowest

price, the natural lowest bidder will be awarded to job.

f. The option in case of MSE bidders qualifying under both policies, namely, Purchase

Preference under the Public Procurement Policy – 2012 (PPP – 2012) from MSE bidders

and Purchase Preference Linked with Local Content (PP-LC 2017) shall exercised as under

i. The MSE bidder can avail only one out of the two applicable purchase preference

policies, i.e. PP-LC2017 or PPP-2012 and therefore, bidder will be required to

furnish the option under which he desires to avail the purchase preference. This

option must be declared within the offer and in case bidder fails to do so, although

he is eligible for the both policies, his offer would be evaluated considering PPP-

2012 as the default chosen option. In case a MSE opts for preference under PPP-

2012, he shall not be eligible to claim benefit under PP-LC 2017 (irrespective of the

fact whether he furnishes the detail of LC in his and this LC meets the stipulated LC

ii. In case a MSE bidder opts for purchase preference based on PP-LC 2017, he shall

not be entitled to claim benefit of purchase preference benefit as applicable for MSE

bidders under PPP-2012. However, the exemption from furnishing bidding

document fee and bid security shall continue to be available to such a bidder.

g. In view of the above, the bidders quoted price against various items of inquiry shall remain

valid even in case of splitting of quantities of the items, except in the case of the items where

the quantity cannot be split since these will be awarded in a lot or as a package or Group.

h. While evaluating the bids, for price matching opportunities and distribution of quantities

among the bidders, the order of precedence shall be as under:

i. MSE bidder (PPP-2012)

ii. PP-LC complied bidder(PP-LC)

Examples of Purchase Preference

Non divisible Items

L1 bidder in non MSE, NON PP-LC bidder

L2 bidder is PPC-LC (within 10%)

L3 bidder is MSE bidder (within 15%)

MSE bidder shall be given preference to match the L1 price. If L3 bidder match the L1 price,

order shall be placed on him, otherwise option for matching the L1 price shall be given to L2

Divisible Items

L1 bidder is non MSE, non PP-LC bidder

L2 Bidder is PPC-LC (within 10%)

L3 bidder is MSE bidder (within 15%)

MSE bidder shall be given preference to match the L1 price. If bidder matches the L1 price order

shall be placed on him for the quantity specified in the bidding document. For the balance

quantity (i.e. 50% of tendered quantity / value) option for matching the L1 price shall be given

to L2 bidder (PP-LC) Balance quantity shall be awarded to natural lowest bidder.

For further clarification, in case an item has quantity 4 nos. then 1 no. can be given to MSE

bidders, 2 to PP-LC bidder and left out 01 no. to natural L1 bidder.

1. In case lowest bidder is a MSE bidder, the entire work shall be awarded to him without

resorting to purchase preference to bidders complying local content.

2. In case lowest bidder is a PP-LC bidder purchase preference shall be restored to MSE

bidders as per provision specified in the enquiry document w.r.t. PPP-2012 only.

Certification of Local Content

Manufacturing of goods and/or providers of services, seeking Purchase Preference under the

policy, shall be obliged to certify the LC of goods, services or EPC contracts as under:

At bidding stage :

Bidder shall furnish the percentage of the local content, taking into account the factors and

criteria listed out in the policy. These details shall be required only aggregate level like supply

The bidder claiming the PP-LC benefit shall be required to furnish an undertaking on bidder’s

letterhead (Annexure1_PPLC) confirming his meeting the Local Content and this undertaking

shall be certified as under:

- Where the total quoted value is less than INR 5 Crore: The LC content shall be self-

assessed and certified by the authorized signatory of the bidder singing the bid.

- Where the total quoted value is INR 5 Crore or above,

I) The proprietor and an independent Chartered Accountant, not being an employee of

the firm, in case of a proprietorship firm

II) Any one of the partners and an independent Chartered Accountant, not being an

employee of the firm in the case of partnership firm.

III) Statutory auditors in case of the company. However, where statutory auditors are not

mandatory as per laws of the country where bidder is registered, an independent

Chartered Accountant, not being an employee of the bidders organization.

1. LC of goods shall be computed on the basis of the cost of domestics components in goods,

compared to the whole cost product. The whole cost of product shall be constituted of the

cost spent for the production of the goods, covering: direct component (material) cost; direct

manpower cost; factory overhead cost and shall exclude profit, company overhead cost and

taxes for the delivery of goods.

2. However, LC of services shall be calculated on the basis of the ratio of services cost of

domestic component in services to the total cost of services: a) cost of component (material)

which is used; b) manpower and consultant cost; cost of working equipment/facility; c)

general service cost, excluding profit, company overhead cost, taxes and duties.

The onus of submission of appropriately certified documents lies with the bidder and

purchaser shall not have any liability to verify the contents and will not be responsible for the

same. However, in case of the procuring company has any reason to doubt the authenticity

of the local content, it reserved the right to obtain the complete backup calculation before

award of the work failing which the bid shall be rejected.

After award of contract:

o Where the estimated value is less than INR 5 Crore:

The LC Certificate shall be submitted along with each invoice duly self-certified by the

authorized signatory of the bidder

o Estimated value is INR 5 Crore above

Supplier shall provide the necessary local content documentation to the statutory auditor, who

shall review and determine that local content requirement have been met, and issue a local

content certificate to that effect on behalf of Procurement Company, stating the percentage of

local content in the goods of services measured.

However, procuring company shall also have the authority to audit as well as witness

production processes to certify the achievement of the requisite local content and/or to obtain

the complete back up calculation before award of work failing which the bid shall be rejected

and appropriate action may be initiated against the bidder

Failure of bidder in complying with the local content post award

In case a bidder, who has specified in his bid that the bid meets the minimum Local Content

specified in the enquiry document, fails to achieve the same, the following action shall be taken

by the procuring company:

- Pre-determined penalty @10% of total contract value

- Banning business with the supplier/contractor for a period of one year.

To ensure the recovery of above pre-determined penalty, payment against dispatch shipping

document shall be modified to the extent that the 10% payment out if this milestone payment

shall be released after competition of this milestone as well as submission of certification

towards achievement of local content as per provision of enquiry document. Alternatively, this

payment can be release against submission of additional bank guarantee valid till completion

schedule, plus 3 months or as required by purchasing company.

Purchase Preference in case where Negotiation is also required

In case purchase preference is applicable, but negotiation is to be conducted with L1 bidder

negotiation shall be carried out. MSE and / or LC complied bidder shall be offered to match

the negotiated prices (even if, post negotiation, they are higher by more than 10% as

compared to L1 bidder provided they within 10% of L1 bidder as per original quoted prices)

and left out quantity, if any, as per provision of enquiry document shall be awarded to that

Table: CALCULATION OF LOCAL CONTENT – GOODS

Name of manufacturer Calculation of manufacturer cost per no unit of product

Cost component Cost Cost (Imported Cost Total % Domestic

(Domestic component) Rs./US$ Component

I. Direct material cost

II. Direct Labour cost

III. Factory Overhead

IV. Total Production

% LC Goods = Total cost (IVC)-Total component cost (IVB) X

Total Cost (IVC)

%LC Goods = Total Domestic component cost (IVA) X

Total Cost(IVC)

B. DOMESTIC VALUE ADDITION DECLARATION

As procurement of the tendered item is covered under Annexure2_DMISP of the DMI&SP policy, the

bidder shall furnish the Affidavit of self -declaration issued by the domestic manufacturer to BPCL

declaring that the iron and steel products is domestically manufactured in terms of the domestic value

addition prescribed (currently as minimum15 %). Formula for value addition, certification, penal action

etc. shall be as per the policy document to be published as Annexure XI of tender document.

Documents required:

Affidavit of self –certification regarding domestic value addition in Iron & Steel products on Rs 100/-

Stamp paper, verified by TPIA, as per the format (referred as FORM-1 in the policy document).

C. START-UP CLAUSE:

In case a Start-up is interested in supplying a tendered item but does not meet the Pre-Qualification

Criteria(PQC)/Proven Track Record (PTR) of prior Turnover norm as indicated in the tender document,

the Start-up may be requested to write a detailed proposal separately and not against the present tender

requirement, to the tender issuing authority about its product. Such proposal should be accompanied by

relevant documents in support of Start-ups as under :

I. Certificate of Recognition issued by Department of Industrial Policy and Promotion (DIPP),

Ministry of Commerce and Industry, GOI.

II. Certificate of Incorporation/ Registration.

III. Audited P&L Statement of all the financial years since incorporation.

IV. In case where balance sheet has not been prepared, bidder shall submit a certificate in Original

from its CEO/CFO stating the turnover of the bidding entity separately for each Financial Year

Since incorporation along with declaration stating the reason for not furnishing the audited P&L

statement. The Certificate shall be endorsed by Chartered Accountant/ Statutory Auditor.

D. COMPLIANCE OF RESTRICTIONS FOR COUNTRIES WHICH SHARE LAND BORDER WITH

Restrictions under Rule 144(xi) of the General Financial Rules, 2017 – Reference OM

no. 6/18/2019 – PPD dtd. 23.07.2020 (read along with any

subsequent clarifications/amendments thereof) issued by Ministry

of Finance, Public Procurement Division

(https://doe.gov.in/procurement-policy-divisions)

(I) Any bidder* from a country which shares a land border with India will be eligible to bid in

this tender only if bidder is registered with Competent Authority. The Competent authority for the

purpose of registration shall be the Registration Committee constituted by the Department of

Promotion of Internal Trade (DPIIT) of Govt. of India. (* In case of domestic tenders, the term

“bidder” shall mean domestic bidders as defined under clause III below)

(II) “Bidder” (Including the term ‘Tenderer’, ‘Consultant’ or ‘Service Provider’ in certain contexts)

means any person or firm or company, including any member of a consortium or joint venture (that

is an association of several persons, or firms or companies), every artificial juridical person not

falling in any of the descriptions of bidders stated herein before, including any agency branch or

office controlled by such person, participating in a procurement process.

(III) “Bidder from a country which shares a land border with India” means:

a) An entity incorporated, established or registered in such country; or

b) A subsidiary of an entity incorporated, established or registered in such country; or

c) An entity substantially controlled through entities incorporated, established or registered

in such country; or

d) An entity whose beneficial owner is situated in such a country; or

e) An Indian (or other) agent of such an entity; or

f) A natural person who is a citizen of such a country; or

g) A consortium or joint venture where any member of the consortium or joint venture falls

under any of the above.

(IV) “Beneficial owner” for the purpose of para (III) above will be as under:

1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural

person(s), who, whether acting alone or together, or through one or more juridical person(s), has a

controlling ownership interest or who exercises control through other means. Explanation:

a. “Controlling ownership interest “means ownership of an entitlement to more than twenty-

five percent of shares or capital or profits of the company;

b. “Control shall include the right to appoint majority of the directors or to control the

management or policy decisions including by virtue of their shareholding or management

rights or shareholders agreements or voting agreements;

2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether

acting alone or together, or through one or more juridical person, has ownership of entitlement to

more than fifteen percent of capital or profits of the partnership;

3. In case of an unincorporated association or body of individuals, the beneficial owner is the

natural person(s), who, whether acting alone or together, or through one or through one or more

juridical person(s), has ownership of or entitlement to more than fifteen percent of the property or

capital or profits of such association or body of individuals;

4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner is

the relevant natural person who holds the position of senior managing official;

5. In case of a trust, the identification of beneficial owner(s) shall include identification of the

author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust and

any other natural person exercising ultimate effective control over the trust through a chain of control

(V) An “Agent” is a person employed to do any act for another, or to represent another in dealings

with third person.

(VI) The successful bidder shall not be allowed to sub-contract works to any contractor from a

country which shares a land border with India unless such contractor is registered with the Competent

Undertaking as per Annexure3_LandBorder

E. MSE CLAUSE & CA CERTIFICATE FOR MICRO AND SMALL ENTERPRISES ( MSEs) : Micro

and Small Enterprises (MSEs) registered with District Industries Centers or Khadi and Village

Industries Commission or Khadi and Village Industries Board or Coir Board or National Small

Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by

Ministry of Micro, Small and Medium Enterprises for the item mentioned in the EOI are exempted

from submission of EMD. Such bidders must upload the necessary MSE documents to claim

exemption for Earnest Money Deposit in e-tendering portal. MSE documents (UAM/EM-II/ Udyam

Registration) need to be certified by Chartered Accountant (CA) as per enclosed format, refer

Annexure4_CACertificate. The original hardcopy of CA certificate and MSE document with original stamp

and seal of CA must be submitted in the tender box, on or before due date of the EOI. If NSIC certificate is

being submitted then the bidder must submit a TPIA verified (copy with original stamp and seal of TPIA)

copy of the same in the tender box. Alternatively, documents signed digitally by the CA/TPIA agency, as

applicable can be uploaded over e-tendering site

CA Certificate with respect to MSE Document: All bidders quoting as MSE, should submit CA

certificate in original, along with MSE doc. (UAM/EMII/ Udyam Registration) documents like SC/ST

Certificate, Women Entrepreneur proof, to avail the benefits of Public Procurement Policy as per

MSMED Act 2006/Public Procurement Policy Order 2012. In case CA certificate is not submitted,

bid of the vendor may be rejected at EMD stage. Please find below further points with respect to

 The CA certificate should be dated after the date of floating of the subject EOI

and shall be specific to the EOI for which bid is being submitted.

 Format of the CA certificate is attached as Annexure IV for reference and bidder

needs to submit certificate strictly in the said format else bid shall be rejected

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Undertaking with respect to Compliance of Restrictions for Countries which

share land border with India – as stipulated by Govt. of India.

(On Company Letter Head, to be signed by the duly authorized

TENDER NO. : ………………

BHARAT GAS RESOURCES

Dear Sir/Madam,

In line with the guidelines issued for compliance of Restrictions for Countries which share

land border with India – as issued by Govt. of India in July’2020,

I/We have read the clause regarding restrictions on procurements from a bidder of a

country which shares a land border with India and on sub-contracting to contractors from

such countries.

a. I/We certify that this bidder is not from such a country or if from such a country

has been registered with the competent authority. I hereby certify that this

bidder fulfills all requirements in this regard and is eligible to be considered*.

b. I/We certify that this bidder is not from such a country or if from such a country

has been registered with the competent authority and will not sub-contract any

work to a contractor from such countries unless such contractor is registered

with the competent authority. I hereby certify that this bidder fulfills all

requirements in this regard and is eligible to be considered*.(Applicable for

works involving possibility of sub-contracting)

I/We hereby certify that I/We fulfill all requirements in this regard and am/are eligible to

[*Where applicable, evidence of a valid registration by the Competent Authority

shall be attached]

Name and Signature of the Authorised Signatory

CERTIFICATE CONFIRMING ELIGIBILTY FOR BENEFITS OF PUBLIC PROCUREMENT POLICY AS PER

This is to confirm that we have verified the investment limits, turnover and other details of M/s ________

and certify that they satisfy the eligibility criteria as per MSMED Act, 2006 and other

notifications/circulars/amendments issued time to time in this regard. Accordingly, M/s _______ is a

Micro/Small enterprise (kindly tick in appropriate box) under the said Act and are eligible to claim the

benefits of public procurement policy as per MSMED Act 2006 and Public Procurement Policy Order

and their revisions for the tender mentioned above.

Micro enterprise -

Small enterprise -

In case applicable:

Based on our verification of share holding pattern and other details, it is certified that M/s ________

meets the eligibility criteria under SC/ST provision of Public Procurement Policy Order 2012 and other

notifications/circulars issued time to time in this regard and are hence eligible to claim benefits pertaining

to SC/ST under the Public Procurement Policy Order 2012 and its revision.

In case applicable:

Based on our verification of share holding pattern and other details, it is certified that M/s _________

meets the eligibility criteria under Women Entrepreneur provision of Public Procurement Policy Order

2012 and other notifications/circulars issued time to time in this regard and are hence eligible to claim

benefits pertaining to Women Entrepreneur under the Public Procurement Policy Order 2012 and its

GENERAL CONDITIONS OF

BHARAT GAS RESOURCES LIMITED

CITY GAS DISTRIBUTION PROJECT FOR AHMEDNAGAR

& AURANGABAD GA AND SANGLI & SATARA GA

SUPPLY OF MOTOR DRIVEN VARIABLE SUCTION

COMPRESSOR FOR CITY GAS DISTRIBUTION

PROJECT FOR AHMEDNAGAR & AURANGABAD GA

AND SANGLI & SATARA GA

GENERAL CONDITIONS OF CONTRACT (GCC)

THE GCC DATED 22.01.2020 OF

BHARAT PETROLEUM CORPORATION LIMITED (BPCL)

SHALL BE ALSO REFERRED TO FOR

BHARAT GAS RESOURCES LIMITED (BGRL) TENDERS.

ALL THE TERMS & CONDITIONS IN THE ENCLOSED GCC SHALL BE

APPLICABLE FOR THIS TENDER.

Rev. 0 Supply of Motor Driven Variable Suction Compressor for Maharashtra GA Page 1 of

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 SCHEDULE

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 AT

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

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 otherwise.

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 enquiry.

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:

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

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 10% 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

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

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 evaluation.

(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

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, prevail.

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

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 10% 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 18.2 below.

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

(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

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

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 or proper.

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

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 possible time.

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

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

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 contemplated.

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-in-

Charge 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-in-

Charge. 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 sub-

contracting 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,

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 their works.

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

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

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

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 Engineer-

in-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 payable.

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

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-in-

Charge. 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-

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 Engineer-

in-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

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

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 to him.

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 Engineer-

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

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.