PROCUREMENT OF NON SPARKING RING SPANNER, COMBINATION SPANNER, HAMMER, ALLEN

Special Terms & Conditions

1. The basic rate quoted shall be exclusive of Goods and Service Tax which is

mentioned separately (18%) in bidding form for arriving on final rate/landing price.

2. The job is purely contractual in nature and all the relevant labor laws are to be strictly

followed by contractor.

3. The vendor is advised to visit the depot premises to have a clear understanding of the

4. In the event of the tender being submitted by a firm, it must be signed separately by

each member thereof, or in the event of absence of any partners, it must be signed

on his behalf by a person holding “Power of Attorney” authorizing him to do so. Such

“Power of Attorney” shall be produced to BPCL if asked for.

5. Mention quantities being indicative and may vary as per BPCL requirement.

6. SUB LEASING:

The vendor shall not be allowed to sublet or assign any part of the contract.

I. Safety of the contract workman shall be responsibility of vendor. All

applicable safety norms of the corporation shall be complied with.

II. All the required PPE’s (Personal Protective Equipments) like Safety helmets

(Yellow color), boiler suits, and safety shoes will be provided by Vendor.

III. The contractor shall take necessary precautions and abide by relevant rules

of safety including petroleum products related acts, rules and regulations

framed for working in factories and plants.

IV. Contractor shall adhere to safety practices and avoid hazardous/unsafe

working conditions and shall comply with the safety rules/guidelines in force

from time to time as applicable in Koyali Installation. Guidelines of hot work

permit/permit for working at height to be adhered strictly.

8. SECURITY AND DISCIPLINE

I. Identity card shall be issued by the contractor with photographs of his

workmen / supervisor and the contractor will ensure that his workmen wear

the identity card at all times while on duty / inside the Depot.

II. The contractor shall be fully responsible for the conduct of his employees and

ensure that their behavior with the other company employees is always good

and cordial. If it is found that the conduct or efficiency of any person employed

by the contractor is unsatisfactory the contractor shall have to remove the

person concerned and engage a new person. The decision of the Location In

charge or his authorized representative shall be final and binding in this

III. The contractor’s workmen shall be subjected to security check at gate / office

complex. The security personnel are authorized to check the belongings of the

workmen while entering and departing for security measures.

IV. Workmen employed by the contractor will not be allowed to perform the job if

not found in proper uniform. No loose dress (Dhoti, Kurta or Lungi) will be

permitted inside the plant.

V. Contractor shall ensure that no items prohibited by BPCL are taken inside the

plant premises by the labor.

VI. The contractor shall ensure that no nuisance like noise, shouting and reciting

slogans by his workmen in single or in groups within the BPCL premises in

any way during office hours or at any other times. Participation in political

activism / political interference against BPCL and in/near BPCL premises shall

lead to immediate termination of the contract.

VII. The Vendor shall submit Aadhar card copy and police verification of all their

workmen before start of work. All the worker working under the vendor at site

shall have a valid life insurance and it sole responsibility lies with vendor only.

9. BPCL shall not be liable to pay any compensation whatsoever to the service engineer

for any incident / accident during work for any reason including use of nonstandard

tools, violating safety norms, not following the instructions given by BPCL officer in

charge. The contractor shall be completely liable for any claims arising above.

10. If the vendor fails or neglects to fulfill the terms and conditions of the agreement, BPCL

I. Hold the contractor liable for all losses or damages occasioned by BPCL

by such failure or neglect.

II. Hold the contractor liable to pay damages and compensation for loss

and inconvenience caused by disruption of all or any of the services by

the sudden discontinuation / dislocation or stoppages.

11. CLERICAL ERRORS TO BE RECTIFIED:

Neither party shall take any advantage of any clerical error or mistake which may

occur in the specifications plans, instructions or any other papers in connection

with the work but such clerical errors or mistake shall be brought to the notice by

the contractor to M/S BPCL or vice versa without any loss of time and the same

shall be rectified.

12. RISK PURCHASE:

Whenever vendor fails to deliver the quantity/ desired output as stipulated in the

delivery schedule, we reserve the right to cancel the order in part or in full and

render such services from any other sources at his/her risk, responsibility and cost

of the supplier/contractor without prejudice to his/her rights and remedies under

other clauses in this contract. We may also withdraw his/her name from list of

approved vendors.

13. The Vendor shall in all respects comply with all statutory

requirements/provisions as applicable under labor act 1970, payment of wages

act, gratuity act, minimum wages act, PF act ESI act, Gujarat State Tax on

Professions, Trades, Callings and Employments Act etc and will be solely

responsible for all claims and responsibilities arising out of any dispute their

under. Further the contractor shall at all times keep BPCL indemnified against

any liability under the provision of the various statutory acts. BPCL shall not be

responsible for any complaints from statutory authority.

14. TERMINATION CLAUSE

Notwithstanding anything to the contrary herein contained, BPCL shall also be at

liberty at its entire discretion of terminate this agreement forthwith upon or at any

time after the happening of any of the following events namely:

i. If the vendor commits a delay, breach or default of any of the terms,

condition, covenants and stipulations contained herein.

ii. If vendor is involved in any criminal offence relating to Moral Turpitude.

iii. If contractor fails to adhere to the instructions issued by the BPCL from time

to time in respect of the aforementioned contractual requirements.

iv. The BPCL’s right to terminate the contractual obligations under this clause

shall be without prejudice to and without affecting any of its rights and

remedies against the contractor.

v. If the contractor contaminates/tampers/damages the quality of BPCL’s

equipment covered in the contract.

In the event of BPCL terminating this agreement under the provisions of this clause

it shall not be liable to pay for any loss or compensation in respect of such

The contract is liable to be terminated with one month’s notice if services are found

to be unsatisfactory, breach of any of the terms and conditions of the contract or

contractor is found to be not complying the statutory requirements as mentioned

in point no 11. BPCL reserves the right to cancel the contract in part or full by giving

one month’s notice without assigning any reason whatsoever.

15. WORK COMPLETION PERIOD-:

Work completion period will be 15 days from date of LOI/PO, with the provision of repeat

order at the same rate, terms and conditions on mutual consent basis subject to

satisfactory performance.

16. PENALTY CLAUSE:

i. In case of non-compliance of contract obligations and also in case of any damages,

breakages and loss or theft to the building, fittings, assets and equipment

attributable to staff or labor deployed by the contractor, contractor will be

responsible for repairing / replacing the same at his cost failing which the actual

cost incurred towards repair / replacement by BPCL, will be recovered from the

amount payable to the successful bidder.

ii. Non Completion of Job as per assigned schedule - Penalty of 0.5 % of total contract

value for every week delay or part thereof subjected maximum of 15 % of contract

value until the work is completed as the work is completion urgent nature. Penalty

shall be levied for delay except that is attributable to BPCL not handing over the

facility / work front.

iii. In case of any accident / damages caused due to negligence of staff deployed,

suitable debit will be raised to the inefficiency of the contractor and he has to make

good the loss. Any losses/damage sustained during the transportation from point of

loading to the final destination will be deducted against the transport invoice.

iv. Corporation reserves the right to levy penalty as deemed applicable for non-

adherence to laid-down SOP /Nonconformance to contract requirements such as

wearing Uniform/ Usage of PPE’s etc.

v. Product loss due to negligence in handling/usage of nonstandard tools

/material/equipment/ may be recovered from the vendor if deemed applicable.

17. PAYMENT: Payment shall be through NEFT on completion of the job, successfully

commissioning of the facility and submission of all relevant certificates by vendor.

Payment shall be made on the basis of actual measurement and the rates quoted in

tender after providing the invoice of actual work carried out along with MOM.

18. Vendor has to submit PBG of 10% or 3% of basic amount as per guidelines of