NEW SECURITY ROOM AND OFFICE RENOVATION INCL FURNITURE

Bharat Petroleum Corporation Ltd

TENDER FOR CONSTRUCTION OF NEW SECURITY ROOM , OFFICE RENOVATION AND

FURNITURE AT AONLA DEPOT, AONLA, BAREILLY UTTAR PRADESH

NOTICE INVITING TENDER

Bharat Petroleum Corporation Limited (BPCL), a Government of India Enterprise, is a Global Fortune

500 Energy Company involved in the business of Refining and Marketing of Petroleum Products.

Bharat Petroleum Corporation Limited is having POL depot at Aonla , Barielly , Uttar pradesh for supply

of petroleum product.

It is proposed to Construct new Security room at Main road entry gate and new furniture at office. Size

of the Room is approx. 12x8 ( inner) ft with washroom , tiling , Painting , Electrical work etc. Vendor are

advise to visit the site in order to understand the requirement , Area and dimensions , blind design etc.

SCOPE OF SUPPLY:-

No. Item Description Quantity UOM

Supply and Ins of Executive Chairs 5 No

2 VENETTIAN BLIND VERT 40 Sq Mt

1.5 Ton AC ( Voltas / Hitachi , LG, Samsung , Daikin make with 4 star

4 Executive Table 3 Nos

5 Godrej Verticle Filing Cabinet ( 4 Cabinet) 4 No

6 Godrej Lateral Filing Cabinet ( 2 Cabinet) 4 No

7 Display TV for Control Room ( 58 inch ) – Samsung / LG Make 1 No

8 Steel Table for Security / Gantry 2 Nos

9 Steel Chair for Security /Gantry 4 Nos

10 Brick Work for Security Room 15 M3

11 Septic Tank 1 No

12 RCC work for Security Room 15 M3

13 Plaster Work for Security Room 35 M2

14 Tile Work for Securoty Room 15 M2

15 Paint Job for Security Room 35 M2

16 Putty work for Security room 35 M2

17 Wash Basin 1 No

18 WC Europeon 1 No

19 Plumbing Work 1 LS

20 Borewell 1 LS

21 Electrical work 1 LS

Vendor may visit the site in order to get the overview of the area where security cabin need to be

constructed. To understand the dimensions , Furniture placement , blinds etc.

Ignore by default text on tender webpage. For subjected job, detailed tender line-item wise

scope of work is mentioned in tender documents.

1. Construction of security cabin at main gate :- Construction of security cabin room with dimension

approx. 12x8 ft having washroom facility , Septic tank , tiling , white wash , plumbing work , electric

wiring , switches, lights , Ceiling fan, overhead Water tank ( 500 Lt) etc.

2. Furniture for Office: Executive chairs ( Godrej make) , Tables ( Godrej make ) are required for the

new staff as well as for the replacement of the old furniture. Reference images are given :-

Table : Dimension :- 1350x60x75 ( in cm)

Venettian Blinds :

Godrej LFC :- 2 drawers

Godrej VFC:- 4 drawer

The prospective bidders are requested to thoroughly read and comprehend the various sections of this

tender document and may visit the sites before quoting for the tender and offer their most competitive

rates for the job.

Quantities mentioned in the tender may vary and payment will be released as per the supplied

quantities and measurement as per actual at site.

The tender shall be evaluated on L1 “Lowest Quoted Rate (LQR)” basis.

The contractor shall arrange all equipment and tools required for execution, testing & completion of the

job. The contractor has to take necessary precaution for the safe transportation and storage of material.

The tenderers are required to go through the tender document thoroughly and carefully and offer their

most competitive rates for the job. All sets of this tender document are to be read in conjunction with

each other and accordingly quote in the priced bid.

If the Bidder has any doubt or confusion regarding the Scope, he may contact any of the below officers

for clarification before quoting for the tender.

CONTACT PERSONS FOR THE TENDER :-

1. RAHUL RANJAN , SENIOR MANAGER INCHARGE

AONLA DEPOT , MOB :-

MAIL ID : [email protected]

2. AKASH YADAV , SENIOR MANAGER HSSE AONLA

MAIL ID: [email protected]

ADDRESS OF THE LOCATION:

Address of site location is as given below. The intending vendor should inspect the site at his

own expense and make himself familiar with the site conditions. Non-familiarity of the site

conditions will not be a reason either for extra claim or for not carrying out the work in

conformity with the drawings and specifications.

BHARAT PETROLEUM CORPORATION LTD.

AONLA ON AONLA RAILWAY STATION ROAD

DIST: BAREILLY , UTTAR PRADESH-243301

The site is approximately 30 Kms away from nearest Bareilly town. The nearest railway station is Aonla

Station which is approx. 3 Km away.

TABLE OF CONTENTS

Section I Notice Inviting Tender

III Bidders Profile & Declarations

IV Instructions to Bidders

V Scope of Service

VI Proforma of Performance Bank Guarantee

VII Check List for Bidders

Section I Financial BID Document

NOTICE INVITING TENDER

Tender is hereby invited to submit your offer through portal for CONSTRUCTION OF NEW SECURITY ROOM

OFFICE RENOVATION AND FURNITURE AT AONLA DEPOT, AONLA, BAREILLY UTTAR PRADESH

. This invitation of bid is open to bidders meeting the eligibility criteria. ( BQC and Technical criteria )

Please visit the website https://bpcltenders.eproc.in for participating in the tender and submitting your bid online. Please

go through the web site for registration process if not done and download the Tender Document for the process of

bidding online.

Applicant has to submit EMD of INR 100000.00 /- (one lakhs only) in favour of “Bharat Petroleum Corporation

Limited” payable at Bareilly (Uttar Pradesh ), EMD has to be submitted before opening of bids (Scanned copy of DD

to be uploaded online), failing which the bid will be liable to be rejected. Bidders are requested to write their name and

full address at the back of the Demand Draft/ Pay order. The same to be submitted in our office before due date.

The downloaded document (Each Copy) is to be Signed, Stamped and Scanned. These scanned copies should

be uploaded in the system or shall be submitted in hard copy at our office. It is construed that the bidder has

read & agreed to all the tender terms & conditions.

Bidder should take into account the corrigendum / Addendum published from time to time before submitting the online

The Price Bid has to be submitted through online portal and should quote rates considering all costs as applicable

against the goods or services provided.

BPCL does not take any responsibility for any delay in submission of online bid due to connectivity problem or non-

availability of site and / or receipt of instrument i.e. No claims on this account shall be entertained.

Incomplete tenders shall be liable for rejection without seeking any further clarification. We also reserve the right to

reject any or all tenders without assigning any reasons whatsoever.

Schedule to Tender

No. Activity Description Details

CONSTRUCTION OF NEW SECURITY ROOM

OFFICE RENOVATION AND FURNITURE AT

AONLA DEPOT, AONLA, BAREILLY UTTAR

Time & Last Date of online bid submission Due date as per website

Tender Down loading Start date As per Website

Pre-Bid Meeting Venue Virtual Meeting on MS Teams/ site Visit

Validity of Tender from the date of Opening of

CONSTRUCTION OF NEW SECURITY ROOM

5 Service to be Offered

OFFICE RENOVATION AND FURNITURE AT

AONLA DEPOT, AONLA, BAREILLY UTTAR

6 Amount of EMD to be Deposited INR 100000.00./- (One lakhs Only) or Upload Valid

Vendor Registration Certificate with BPCL or

MSME Certificate.

Contact Person Rahul Ranjan - 9630930580 ( Location Incharge)

Akash Yadav – 9936662288 ( HSSE Officer )

8 Work Completion Period 2 Months from date of award of tender

9 Likely Date for commencement of contract 30.10.2026

10 Website for downloading tender https://bpcltenders.eproc.in/

11 Scope of Work As per Tender Document

12 No. Of contractor required One

SENIOR MANAGER OPERATIONS I/C

BHARAT PETROLEUM CORPORATION LIMITED

1. Having examined the special conditions of contract scope, terms & condition and specifications

including addenda, the receipt of which is hereby duly acknowledged, we, undersigned, offer to

undertake the work of CONSTRUCTION OF NEW SECURITY ROOM , OFFICE RENOVATION AND

FURNITURE AT AONLA DEPOT, AONLA, BAREILLY UTTAR PRADESH in conformity with the schedule

of works, conditions of contract attached herewith and made part of this Bid.

2. We undertake if our Bid is accepted, we will execute the work/ services in accordance with

specifications, time limits & terms and conditions stipulated in the tender document.

3. If our Bid is accepted, we will obtain the performance guarantees of a Scheduled Bank for a sum

10 % of contract amount including GST for the due performance of the contract as per terms and

condition as applicable.

4. We agree to abide by this Bid for a period of 60 days from the date fixed for Bid opening and it shall

remain binding upon us and may be accepted at any time before the expiration of that period.

5. Until a formal Agreement is prepared and executed, this Bid together with your written acceptance

here of in your notification and LOI of award shall constitute a binding contract between us.

6. We have enclosed herewith a format for submission of DD for a sum of INR. 100000.00 payable at

Bareilly towards EMD along with other documents as required in this bid document.

EMD particulars D.D.No. Dated:

Name of the Bank:

Dated this …….…..day of… ........... (the year)

Signature of Authorized Signatory……………………………………………….

In capacity of…………………………..…………………..

Duly authorized to sign the bid for and on behalf of…………………….

Witness……………….. Signature………………..………

Address……..…………

BIDDERS PROFILE & DECLARATION

Name of Tendering Company/ Firm / Agency

(Attach certificate of registration)

2. Type of firm i.e. Proprietorship / partnership or

company registered under company act

(Attach Self Attested copy)

3. Name of proprietor / Director of Company /

4. Full Address of Reg. Office with Telephone

No., FAX No. & E-Mail

5. Full address of Operating/Branch Office with

Telephone No., FAX No. & E-Mail

6. PAN No (Attach Self

7. GST Registration No. (Attach

Self Attested copy)

8. E.P.F. & ESI Registration No. (Attach Self

9. Self-Attested copy of experience certificate / certificates issued by the competent authority for the satisfactory

work carried out in providing various services in ……………….. in STATE OF .................. job of similar nature for

a value of ………. ( ........... ) to Central/State Government/ Public Sector Undertaking in one year during the last

three years. The summary of that can be tabulated in the given format in chronological order

Sr. No. Details of Client along with address, Amount of the Contract Experience Certificate for the period

telephone & Fax nos. (INR Lakhs) From To

(If the space provided is insufficient, a separate sheet may be attached)

Additional information, if any (Attach separate sheet, if required)

Signature of authorized person

Name: Place: Seal:

BID QUALIFICATIO CRITERIA

Please fill the boxes below appropriately with suitable responses

Satisfied / Proof

Criteria Vendor Submitted

Agreed (Yes/No)

The Bidder should have supplied / completed same or similar Category

works for min 80 % of bid quantity, in at least one of the last three

Financial years before the bid opening date to any Central / State Govt

Organization / PSU / Public Listed Company. Copies of the

1 Documentary evidences of supply shall be uploaded with the bid for

verification by the Buyer.

The minimum average annual financial turnover of the bidder during the

last three years, ending on 31st March of the previous financial year,

should be at least 30% of Estimated Tender Value. Documentary

evidence in the form of certified Audited Financial Statements of

relevant periods or a certificate from the Practicing Chartered

Accountant in case audit is not mandatory indicating the turnover details

for the relevant period shall be uploaded with the bid. In case the date of

constitution / incorporation of the bidder is less than 3 year old, the

average turnover in respect of the completed financial years after the

date of constitution shall be taken into account for this criteria.

Net Worth of the Bidder / OEM should be positive as per the last audited

financial statement or certificate from Practicing Chartered Accountant in case

audit is not mandatory.

Signature of authorized signatories (with Designation) & Company stamp

“I…........................................................ (authorized signatory) hereby declare that the tender document submitted has

been downloaded from the website https://bpcltenders.eproc.in and no addition / deletion / correction has been made in the

proforma downloaded.

I also declare that I have enclosed a DD for Rs ................................................ towards the cost of the EMD.

Place: Signature of bidder/Authorized Signatory

Date: Name of the Bidder

Seal of the Bidder

FOR EPF & Misc provisions Act

I ..................................................................................... (name of the contractor/agency) hereby declare compliance

towards conditions of the EPF and Misc provisions Act 1952 and authorize BPCL to recover any payment that arises

due to failure to comply with any of the Labour legislations and statutory conditions viz., Labour, EPF, ESI, etc., or

any other acts dealing with the same and all other acts mentioned in the tender document.

Place: Signature of bidder/Authorized Signatory

Date: Name of the Bidder

Seal of the Bidder

INSTRUCTIONS TO BIDDERS

a. The Bidder must read carefully all the Special Conditions of Contract- Scope, Terms & Conditions and BQC

before filling up the tender schedule and his financial bid. The bidders who are confident of executing the

contract in time by employing the required resources, manpower and materials need only participate in this

b. In respect of the matters pertaining to this contract, bidder shall not directly or indirectly bring or attempt to

bring any political or outside influences or intervention through any association, union or organization. All

disputes, differences, clarifications etc. arising out of this contract will be represented by bidder himself or by

his legal representative.

c. The Bidder shall be bound by all Special Conditions of Contract- Scope, Terms & conditions, General

Conditions of Contract and PQC as uploaded in with this e-tender document.

d. Conditional bid shall not be considered and will be rejected outright.

e. If any firm quotes “Nil” charges / consideration, the bid shall be treated as unresponsive and will not be

considered. Amount should be adequate to meet statutory deductions towards TDS and such other levies laid

by Government. In case of the quoted service charge is less than such statutory deductions, then thebid

will be summarily rejected.

f. It may be noted that the tender notice is only for fixing a contract and shall not be construed as invitation to

bid for providing the job i.e. there is no guarantee for award of work without assigning any reason whatsoever

g. Any bidder participating in this tender should make sure that he/she will be able to carry out the work in the

h. It is implied that the bidder has obtained all necessary information directly or indirectly affecting the contract

such as legal stipulation, possible delays and hindrance or interference in executing the contract and has

satisfied him/her before making the offer. Unexpected difficulties or expenses shall NOT be considered

excuses for difficulties in performing the contract. The rate quoted should take all factors into consideration.

i. The bidder acknowledges that he/she assumes all risks contingent upon the nature of the contract to be

actually encountered by him in executing the contract, even though such actual conditions may result in the

bidder performing more or less work than that originally anticipated.

j. The bidders who are confident of executing the contract in time by employing the required resources,

manpower and materials should only participate in this tender offer.

k. The tender schedule shall be read in conjunction with Special Conditions of Contract – Scope, Terms and

Conditions, General Conditions of Contract, BQC and any other additional conditions. The bidder shall be

deemed to have carefully examined all these documents. It is further understood and agreed that the bidder

by careful examination satisfied him with the terms and conditions of the tender document.

l. The quantities indicated in tender may increase or decrease in each category depending on the future office

m. The tender shall contain the name, address of residence and place of business of bidder and shall be signed

by the bidder with his usual signature. Partnership firms shall furnish full names and addresses. In case of the

partnership firm, Self-Attested true copy of the partnership deed must be submitted along with the

tender. Similarly in case of company the Self Attested copy of Memorandum of Article & Association.

n. Interest shall NOT be payable on the Earnest Money deposit.

o. The Earnest Money of the successful bidder will be adjusted towards security deposit and of the unsuccessful

bidder will be refunded without interest within reasonable time after final decision of the tender, normally within

six months from the date of opening of tenders.

p. Corrections, if any, in the technical bid of application must be counter signed by the person authorized to sign

the tender bids.

2. ELIGIBLE BIDDERS:

a. Bidder must be a firm/ agency/ company that should be registered with appropriate authorities and attested

copy of registration may be attached.

b. Bidder must have active GST registration certificate issued by competent authority.

c. Bidder must have EPF and ESI* registration with competent authority.

d. Bidder must have PAN/TAN/GIR card.

e. Bidder shall conform to the BQC (Bid Qualification Criteria) as per details attached with this e tender

f. Bidder should have previous year ncome tax return certificate.

g. “No near relative” of the bidder firm/company be working/employed in BPCL.

h. Presently black listed or debarred firms are not eligible to participate in the tender.

i. Any firm/company registered in the same address/operating in the same premises as that of blacklisted or

debarred company, will not be eligible and the bid will be rejected.

After opening of the technical bids, the bidders shall be scrutinized with respect to

submission of EMD and shall be evaluated as per eligibility Criteria as mentioned above

based on the documents submitted. In case of bid received from bidder who is found to be

ineligible as per above criteria, bid received shall be rejected .

3. THE BID DOCUMENTS

The Bid Documents include:

I. Notice Inviting Tender

III. Bidders Profile & Certificates

IV. Instructions to Bidders

V. Scope of Service

VI. Proforma of Performance Bank Guarantee

VII. Check list for Bidders

VIII. Financial Bid Document

Bidders are expected to examine all instructions, forms, terms and conditions in the Bid documents. Failure to furnish

all information required as per the Bid documents or submission of bids not substantially responsive to the Bid

documents in every respect will be at the bidder’s risk and may result in rejection of the bid.

4. CLARIFICATION OF BID DOCUMENTS

a. Bidders requiring any clarification on the Bid Documents shall notify office of Senior Manager Ops I/C, Aonla

Depot by email to Officers mailing address indicated in the invitation of Bid. The office shall respond by email

/in writing to any request for the clarification of the Bid Documents which he receives not later than 7 days

prior to the date of opening the Tenders. Copies of the clarification sought for by the bidders and Clarifications

by BPCL shall be sent to all the prospective bidders who have received the bid documents.

Name of Designatio Email

Rahul Ranjan Senior Manager Ops I/C Aonla Depot [email protected]

Akash Yadav Senior Manager (HSSE), Aonla Depot [email protected]

b. The clarifications made as above shall form part of the Bid document and will be treated as amendment to the

Bid document. These clarifications will also be made available in the website and bidders who have down

loaded Bid document from internet are to submit the bid document accordingly after taking intoaccount all the

clarifications Issued.

5. AMENDMENT OF BID DOCUMENTS

a. At any time prior to the date of opening of bids, BPCL may, for any reason, whether on its own initiative or in

response to any clarification received from a bidder, shall modify bid documents by amendments and the same

will be uploaded on the portal and these amendments will be binding on them.

b. In order to afford prospective bidders a reasonable time to take the amendment into account in preparing their

bids, the BPCL may, at its discretion, shall extend the deadline for the submission of bids suitably. Any

amendment to the Bid document shall also be uploaded in the web site as and when it is made.

c. Bidders who download the Bid document through internet are to take care of these amendments while

submitting their bids.

6. DOCUMENTS COMPRISING THE BID

The Bid prepared by the bidder shall comprise of the following components: -

a. Documentary evidences in accordance to Pre-Qualification clause that the bidder is eligible and is qualified

to perform the contract if his bid is accepted.

b. EMD furnished in accordance with Clause

c. Bid Form, Bidders Profile with Certificates and Financial Bid completed.

The Bidder shall complete the Bid form (Section II), Bidders Profile with Certificates (Section III) and prices as per

Financial Bid Form furnished in the Bid documents.

Separate rates are to be quoted based on the type of service.

9. DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATION

The bidder shall submit following documents along with the tender document. Any bidder submitting bid

without these documents specified below, shall be liable to be summarily rejected.

a. Bidder’s profile duly filled as per section III.

b. Bidder must be a firm/ company that should be registered with appropriate authorities and Self Attested copy

of registration may be attached.

c. Bidder must have GST registration number issued by competent authority. Bidder must have PAN/TAN/GIR

card. (Self-attested copy to be attached)

d. Bidder should have EPF / ESI registration with competent authority. (Self-attested copy to be attached)

j. Self-Attested Copy of experience certificate of at least one year (in part or full) Experience.

k. Bidder shall upload Self attested copies of all specified documents under “Eligibility Criteria” on portal.

Documents can also be submitted in physical at our office.

e. Bidder should submit last three consecutive year income tax return certificate alongwith audited Balance

sheet and Profit Loss statement.

f. Declaration of “No near relative” of the bidder firm/company is working/employed in Bharat Petroleum

Corporation Ltd, to be submitted.

g. Declaration of “BLACKLISTING / DEBARRING “of bidder firm/company to be submitted.

h. Self Attested copy of Partnership Deed or affidavit in original regarding sole proprietorship incase of

proprietorship firm/ Memorandum of Association / Articles as applicable.

i. All the tender document pages should be stamped and signed.

j. Authorization letter from appropriate authority of the firm/company in case person other than the bidder has

signed the tender documents.

k. The successful bidder has to produce all the relevant original documents as and when directed.

l. The successful bidder has to obtain and submit the labour office registration certificate within the period

specified by this office.

m. The documents submitted by the successful bidder may be verified from sources.

10. EARNEST MONEY DEPOSIT (EMD)

a. Earnest Money INR 100000/- (One lakh Only) shall be paid by Demand Draft or Bank Guarantee drawn on

any Nationalized bank drawn in favour of BHARAT PETROLEUM CORPORATION LIMITED payable at

Bareilly as mentioned in the notice inviting tender.

b. EMD is not applicable for Registered Vendors of BPCL.

c. Earnest Money in cash or in the form of cheque or in any other form will not be accepted.

d. Interest shall NOT be payable on the Earnest Money deposit.

e. The successful bidder will have to deposit Security Deposit (SD) of RS 1 Lakh and a, Performance Bank

Guarantee which is 10 % of the bid amount (valid up to end of contract) shall be furnished within 15 days

of the initiation of contract. The EMD will be discharged or converted to SD as requested by bidder.

f. Earnest Money of the unsuccessful bidder will be refunded without interest within reasonable time after final

decision of the tender.

g. A Bid (Tender) not accompanied by the EMD shall be rejected by BPCL as being non responsive at the bid

opening stage itself.

h. EMD will be forfeited and the bidder will be black listed or debarred at the discretion of BPCL

• If the bidder withdraws his bid after the bids have been opened.

• If the bidder fails to execute the Agreement or fails to remit the Security Deposit of Rs 1 Lakh interms

of DD/Performance Bank Guarantee within fifteen working days of being called upon to do so.

• Further, if the contractor fails to mobilize his men within 1 week (or as per stipulated time period)

from the date of placing work order (LOI), the EMD shall stand forfeited without further notice.

11. PERIOD OF VALIDITY OF BID

The tender submitted by bidder will remain valid for acceptance for a period of 120 days from the date of opening of

the tender. Bidder shall not be entitled during this period of 120 days, without the consent in writing of BPCL to

revoke or cancel his tender or to vary the tender submitted or in terms thereof. BPCL shall communicate the acceptance

of tender to the successful bidder(s). Due to administrative reasons, extension of the time period, if requested by BPCL

in writing, the bidder shall accede to such request for extension and communicate his acceptance to BPCL in writing.

12. SUBMISSION OF BIDS

The bid along with the necessary documents should be uploaded in the http://bpcleproc.in portal as per the guidelines

mentioned in the portal.

Method of preparation of bid:

a. Rate of contractor for CONSTRUCTION OF NEW SECURITY ROOM , OFFICE RENOVATION AND

FURNITURE AT AONLA DEPOT, AONLA, BAREILLY UTTAR PRADESH” should be quoted clearly in the

price bid. The Fees / Service Charge quoted for the category of position shall be exclusive of the applicable

GST. The Price Bid is to be submitted in prescribed format (as a backup document), Signed, Stamped and

b. GST Tax as applicable shall be paid on the invoices raised by the Contractor.

c. The Contractor shall be responsible for providing all statutory benefit to the Associate provided by them, like

EPF, ESI etc, as applicable.

d. The quantities indicated in tender may increase or decrease in each category depending on the future office

e. Any tender with conditions other than those specified in the tender documents, is liable to be summarily

rejected. Uploading of missing document/correcting the mistake in the document, etc. and changing the

quotation in the price bid is normally allowed only before opening of bid.

f. Tender with any unfilled values or incomplete in any manner will be summarily rejected.

g. A declaration in the proforma given in Section III, has to be submitted along with the Bid document.

h. No person is permitted to bid for tender whose relative(s) is (are) working in BPCL. The bidder thus should

give certificate along with tender document that none of his/her relative is working.

PRICE ESCALATION

BPCL shall not be responsible for any escalation in prices of labour or materials, machinery, equipment etc. what-so-

ever or any increase in any duties, levies, or taxes in respect thereof whatsoever and the Contractors ‘rates and

obligation shall remain unaffected by such escalation and/or increase.

Tenders will not be received after the specified time of closing of the tender and the same shall be rejected. It is the

sole responsibility of the bidder that he should ensure timely submission of tender.

14. MODIFICATION AND WITHDRAWAL OF BIDS

The Bidder may modify or withdraw his bid after submission provided that the written notice of the modification or

withdrawal is done prior to the deadline prescribed for submission of bid.

15. BID OPENING

Bid opening and finalization will be according to e-procurement procedures.

Bidder’s name, bid price, modifications, withdrawals and such other detail, as deemed fit by the authorized authority

will be notified.

The price bid shall be evaluated only for technically qualified bidders. (Bidder who fulfills all Eligibility Criteria

and requirements as per this document.)

16. BID EVALUATION

Prior to the detailed evaluation of Technical and Financial bids BPCL will determine the substantial responsiveness of

each bid to the Bid document. Substantially responsive bid is one which confirms to all the terms and conditions of

bid document without material deviation. BPCL’s determination of bid’s responsiveness shall be based on the contents

of the bid itself without recourse to extrinsic evidence. However the experience certificates / other documents submitted

by the bidders may be verified from issuing authorities/ sources.

A bid determined as substantially non-responsive will be rejected by BPCL and shall not subsequent to the bid opening

be made responsive by the bidder by correction of the non-conformity. However BPCL may waive any minor infirmity

or non-conformity or irregularity in a bid which does not constitute a material deviation, provided such waiver does not

prejudice or effect the relative ranking of any bidder. The financial bids of those bidders whose technical bid has been

satisfactorily evaluated and found substantially responsive, will be opened subsequently after due notice.

The evaluation shall be done based on the Net landed cost (i.e. Basic Price + GST = Delivered Price )

In case some of the bidder/contractor is opting for Composition scheme under the GST laws, in such event the

evaluation of his bid will be based on the Quoted Price, as he cannot charge any GST in the invoice, so his Basic price

will become the Net landed cost for BPC.”

Particulars Regular Registered Dealer (Bidder 1) Regd Dealer under Composition (Bidder 2)

Basic Price 100

GST chargeable 18

Less: GST ITC available Nil (0%)

Net Landed cost 118

The Tender will be awarded to the L1 bidder after due evaluation by the evaluation committee

17. REJECTION OF TENDERS

The authority inviting tenders, at his sole discretion shall reserve the right to reject or cancel consideration of any or

a. If the requisite Earnest Money Deposit in the manner does not support the tender provided there in.

b. If the Bid Validity is less than the period prescribed (180 Days).

c. If the tender is not duly signed, or not found proper or complete to the satisfaction of BPCL in any of the

requisite matters, particular(s) or formalities or for any reason(s) which shall not be disclosed to thebidder(s).

d. If the eligibility condition is not met and/or if documents prescribed to establish the eligibility is not submitted

while submitting the bid.

e. If the bidder seeks changes in terms and conditions, specifications or time limits as envisaged in the

f. If tender consists of unwarranted comments, conditions, deviations in specification or any other omissions or

commissions compared to documents.

g. If prices are not filled properly in the Financial Bid.

h. Without assigning any reason thereof.

i. If the bids received are below the fair minimum wages(Central minimum wages + add wages as per BPCL

policy) mentioned in clause no 21 of “Special Conditions of Contract-Terms and Conditions” for the minimum

required manpower as stated in “Special Conditions of Contract-SCOPE”.

18. CONTACTING BPCL

Subject to Clause 4, no bidder shall try to influence BPCL authorities on any matter relating to his bid from the time of

bid opening till the time of award of contract. Any effort by any bidder to modify his bid or influence the bid process shall

result in rejection of his bid without any notice. The decision of BPCL will be final in this regard.

19. PLACEMENT OF ORDER

BPCL shall consider placement of work orders on those bidders whose technical and financial bid has been successfully

considered and decided as L1.

20. RIGHT TO ACCEPT OR REJECT ANY BID

Tender will be accepted, and Contract will be finalized only with those of the bidder(s), who in the opinion of BPCL

shall have capacity and resources to execute the contract assigned in the prescribed time as per the time schedule.

BPCL reserves its right to accept or reject any bid and to annul the bidding process and reject all or any bid at any

time prior to award of contract without assigning any reason whatsoever.

21. LETTER OF INTENT (LOI)

BPCL will issue an LOI which constitute the intention of the BPCL to enter into contract with the bidder. The bidder shall

within 7 days of issue of the LOI, give his acceptance along with Performance Bank Guarantee in conformity with

Clause 10 and also submit the Agreement duly completed in all aspects.

22. SIGNING OF CONTRACT AGREEMENT

The successful Bidder shall be required to execute an Agreement within 7 (Seven) working days of being called upon

on a non-judicial stamp paper of Rs. 100/- (One hundred only) at his own cost and the format will be given by BPCL,

to the effect that the bidder and BPCL are bound by the terms and conditions of agreement which in turn, will be the

same terms and conditions of tender document.

Submission of the Tender document duly signed on all pages shall bind the bidder to all the terms and conditions of

this Tender document as well as the Agreement to be signed by him. A copy of the complete set of this Tender

document shall also become enclosure to the agreement as an annexure.

BPCL reserves the right to cancel the agreement executed without any compensation what so ever to the contractor

any time before the award of the work. The action of BPCL under this Clause shall not construe the breach of contract.

After the selection of a bidder by the competent authority, the successful bidder will be formally notified of the award

by order prior to expiration of validity period. The letter called “Award of Contract” (AOC) will state the contract price

that BPCL will have to pay to the bidder towards the execution/completion of the tender, subject to furnishing a

performance security within the stipulated date.

23. ANNULMENT OF AWARD

Failure of the successful bidder to comply with the requirement of Legal Agreement and Terms & Conditions shall

constitute sufficient ground for the annulment of the contract and the forfeiture of the EMD in which event BPCL may

award the contract to the next best value bidder or call for new proposals from the interested bidders.

Failure of the successful bidder to agree with the of the tender paper shall constitute sufficient grounds for the annulment

of the award, in which event In such a case, BPCL shall forfeit the EMD of the successful bidder.

If the party does not provide the requisite services within the stipulated time of 3 weeks, then BPCL will recover

Liquidated Damages (LD) and penalties as enumerated in GCC and SCC.

24. DURATION OF CONTRACT

One Year from the date of award of contract on the terms & conditions based on the requirements of this office.

Extendable by a period upto another one year based on the need of BPCL on the same rates, terms and conditions.

SCOPE OF WORK ( AS MENTIONED ABOVE)

PROFORMA OF BANK GUARANTEE FOR EARNEST MONEY / SECURITY

DEPOSIT TOWARDS PERFORMANCE

(On non-judicial paper of appropriate value)

Bharat Petroleum Corporation Ltd.

M/s. have taken tender for the work CRFQ

No/PO for Bharat Petroleum Corporation Ltd.

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

(Rupees ) as earnest money/security deposit in the form therein mentioned.

The form of payment of earnest money/security deposit includes guarantee executed by Scheduled Bank, undertaking full

responsibility to indemnify Bharat Petroleum Corporation Ltd. in case of default.

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

premises we having our office at have

agreed to give such guarantee as hereinafter mentioned.

We hereby undertake and agree with you

that if default shall be made by M/s. in performing any of the terms and conditions of

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

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

the said sum as you may from time to time require.

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

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

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

would but for provision have the effect of releasing us.

Your right to recover the said sum of Rs. (Rupees ) from us

in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said

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

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

constitution or insolvency of the said but shall in all respects and for all purposes be

binding operative units payment of all money due to you in respect of such liabilities is paid.

Our liability under this guarantee is restricted to Rupees Our guarantees shall remain

in force until unless a suit or action to enforce a claim under

Guarantee is filed against us within six months from

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

and shall be relieved and discharged from all liabilities there under.

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

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

Yours faithfully

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

CHECK LIST FOR BIDDERS

Sr.No. Documents Enclosure / Attached Status

1. EMD DD No. Amount Date

2. Whether all the Pages are stamped and signed & properly tagged with all documents?

(To be uploaded)

3. Whether Bid Form is filled up? (Section-II)

4. Whether Bidder’s Profile is filled up? (Section-III)

5 Self attested copy of firm/company registration certificate and associated documents.

6. Self Attested copy of latest Income Tax return for last three consecutive year alongwith

audited Balance sheet and Profit Loss statement.

7. Self Attested copy of PAN card

8. Self Attested copy of GST certificate.

9. Self Attested copy of EPF & ESIC certificate.

10. Self-Attested Copy of experience certificate of at least one year (in part or full)

Experience and work executed amounting to at least Rs ………lakhs ( ................ Lakhs

only) in one year during last three years in central Govt. /State Govt./PSUs in similar

work of PROVIDING VARIOUS SERVICES IN RETAIL OPERATIONS IN……...

11. Declaration regarding no near relative working in BPCL

12. Declaration regarding Blacklisting/Debarring from taking part in Govt. tender

13. Self Attested copy of Partnership Deed or affidavit in original regarding sole

proprietorship incase of proprietorship firm/ Memorandum of Association / Articles

14 All the tender document pages should be stamped and signed including the agreement

copy/ GCC/ List of Locations for placement, etc

15 Authorization letter from appropriate authority of the firm/company in case person other

than the bidder has signed the tender documents.

16 Integrity Pact

Sr.No. Documents To Download Status

1. Scope of work

2. Special Conditions of Contract - Terms and Conditions

3. General Conditions of Contract

4. Bid Qualificatio/Eligibility Criteria

5. Integrity Pact (IP)

6. Arbitration clause - General Conditions of Contract

6. Declaration for Holiday Listing of Vendors

8. Declaration regarding no near relative working in BPCL

9. Social Media Guidelines for Business Partners

FINANCIAL BID DOCUMENT

CONSTRUCTION OF NEW SECURITY ROOM , OFFICE RENOVATION AND FURNITURE AT

AONLA DEPOT, AONLA, BAREILLY UTTAR PRADESH

a. The rates quoted by the Bidder should be inclusive of all statutory and taxation liabilities in force

at the time of entering into the contract.

b. The bidder to refer to the scope of works enclosed for information on the activities at the Aonla

c. We have enclosed the excel working of the various skill category workmen under Area”C” –with

necessary hike provided on the minimum wages expected and the additional duties which may

happen in operations.

d. The bidder has to quote lumpsum rates along with the service charge per month.

e. If any Bidder quotes “Nil” charges / consideration, the bid shall be treated as unresponsive

and will not be considered. Service charges quoted should be adequate to meet statutory

deductions towards TDS and such other levies laid by Government from time to time.

f. Conditional bid shall not be considered and will be rejected out right

g. L-1 Bidder will be decided based on lowest quote for the various activities as enumerated above

on “grand total basis”

h. No quotation (leaving blank) for any item is NOT permitted in the financial bid form. In such cases

the bid will be treated as non responsive and will be summarily rejected.

i. Amount quoted in the bid will remain applicable for complete contract period of one year and

irrespective of revision of Minimum Wages by Government.

j. Amount quoted would remain constant, which includes all payables to the associates and statutory

payments like PF, PF Admin charges, ESIC, LWF, Professional Tax etc.

k. As & when Minimum wages is enhanced by the Government, the enhanced revised wages is to be

paid by the Contractor to his Associates as per Minimum Wages Act of Labour Department.

l. Contractors/Service providers hereby agrees to ensure that the contract labour engaged by him/her

for carrying out his/her contractual obligations will be upto 60 years of age. In case of any deviation,

the Management reserves the right to take suitable action against the Contractor/Service Provider

m. The payment shall be made on conclusion of the calendar month only & before 7 th day of next

Date: ……………....…… Signature of the Authorized Signatory:

Place: ….……………..… Stamp / Seal of the Co.

Special Terms & Conditions

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

followed by contractor.

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

3. 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.

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

5. 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 Aonla Installation. Guidelines of hot work

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

7. 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 regard.

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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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, UP 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

13. 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.

14. WORK COMPLETION PERIOD-:

Work completion period will be 31 days from date of Purchase order issued by BPCL.

Provision of repeat order at the same rate, terms and conditions on mutual consent

basis subject to satisfactory performance.

15. 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 5 % of contract

value until the work is completed. 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

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.

16. 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.

17. Transportation/Conveyance facility shall not be provided by corporation. The

requirements are the minimum

required for subject job, higher suitable specifications/techniques as per API/OISD standards

are acceptable subjected to approval from BPCL.

18. For repeated clauses in tender documents, conditions of Scope of work, special terms and

conditions will supersede clauses in technical specification, general terms and conditions.

19. Vendor has to pay 5% of tender value subject to a maximum of Rs. 1 Lakh as Earnest money

Deposit (EMD) for tender value greater than 5 lakhs. EMD is exempted for MSME vendors

and BPCL Registered vendor. EMD to be submitted in the form of Demand draft on the name

of “Bharat Petroleum Corporation Limited” payable at Bareilly.

20. Successful bidder to submit Security deposit (10% of basic value) as per clause 18 of attached

general terms and conditions.

21. Comprehensive warranty: During warranty period, all troubleshooting, supply of spares will

be under Vendor’s scope. Supplies shall be fully guaranteed against any manufacturing

defect / poor workmanship/ inferior design or quality etc. for a period of

18 months from the date of commission or 24 months from the date of supply, whichever is

earlier. During this period, in case of breakdown, seller will arrange to repair/replace at free

of cost or replace complete set if required. Issue to be attended within 72 hours of reporting

with complete troubleshooting within 15 days.

22. Vendor has to arrange for either Diesel Engine or provide an electricity meter and make the

payment for electricity unit consumed as per current Electricity board rates. Supply of Water

for any type of work associated with Tender is under the scope of Vendor. Cost of

Tractor/Trolley for disposal of debris has to be included while quoting the rates.

GENERAL CONDITIONS OF CONTRACT

BHARAT PETROLEUM

CORPORATION LIMITED

I DEFINITION OF TERMS

II GENERAL INFORMATION ABOUT SITE

2.1 LOCATION OF SITE & ACCESSIBILITY

2.2 SCOPE OF WORK

2.3 LAND FOR CONTRACTOR’S FIELD, GODOWN AND

2.4 SAFETY STANDARDS FOR TEMPORARY BUILDINGS

III GENERAL INSTRUCTION FOR THE TENDERER

3 SUBMISSION OF TENDER

5 PURCHASE PREFERENCE

6a EARNEST MONEY

6b CONVERSION OF EMD TO SECURITY DEPOSIT

7a BID VALIDITY

7b LANGUAGE OF BID

8 ADDENDA / CORRIGENDA

9 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

10a INTEGRITY PACT (IP)

10b HOLIDAY LISTING

10c FOREIGN BIDDERS

11 COLLECTION OF DATA TENDERER’S RESPONSIBILITY & TIME

12 RETIRED GOVERNMENT OR COMPANY OFFICER

13 SIGNING OF THE CONTRACT

14a FIELD MANAGEMENT

14b CONSULTANCY CONTRACTS

IV INTERPRETATION OF CONTRACT DOCUMENTS

15 INTERPRETATION OF CONTRACT DOCUMENT

16 SPECIAL CONDITIONS OF CONTRACT

17 CONTRACTOR TO OBTAIN HIS OWN INFORMATION

18 PERFORMANCE SECURITY DEPOSIT/RETENTION MONEY

19 TIME OF PERFORMANCE

20 FORCE MAJEURE

21 EXTENSION OF TIME

22 LIQUIDATED DAMAGES FOR DELAY

23 SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS

REASONABLE COMPENSATION

WITHOUT REFERENCE TO ACTUAL LOSS

24 TERMINATION / OFFLOADING

25 FORFEITURE OF SECURITY DEPOSIT

26 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED

27 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION

NOT TAKEN UNDER CLAUSE

28 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK

29 CHANGES IN CONSTITUTION

30 IF THE CONTRACTOR DIES

31 EMPLOYEES OF THE OWNER NOT INDIVIDUALLY LIABLE

32 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS

33 CONTRACTOR’S OFFICE AT SITE

34 CONTRACTOR’S SUBORDINATE STAFF AND THEIR CONDUCTS

35 SUB-LETTING OF WORK

36 POWER OF ENTRY

37 CONTRACTOR’S RESPONSIBILITY WITH OTHER AGENCIES

38 OTHER AGENTS AT SITE

40 RIGHTS OF VARIOUS INTERESTS

41 RIGHT OF OWNER TO DETERMINE / TERMINATE CONTRACT

42 TERMINATION FOR CONVENIENCE

43 PATENTS AND ROYALTIES

45 OPERATION OF CONTRACT

V PERFORMANCE OF WORK

46 EXECUTION OF WORKS

47 COORDINATION AND INSPECTION OF WORK

48 WORK IN MONSOON AND DEWATERING

49 WORK ON SUNDAYS AND HOLIDAYS

50 GENERAL CONDITIONS FOR CONSTRUCTION AND ERECTION WORK

51 DRAWINGS TO BE SUPPLIED BY THE OWNER

52 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR

53 SETTING OUT WORKS

54 RESPONSIBILITY FOR LEVEL AND ALIGNMENT

55 MATERIALS TO BE SUPPLIED BY CONTRACTOR

56 MATERIALS SUPPLIED BY OWNER

57 CONDITIONS FOR ISSUE OF MATERIALS

58 MATERIALS PROCURED WITH ASSISTANCE OF OWNER

59 MATERIALS OBTAINED FROM DISMANTLING

60 ARTICLES OF VALUE FOUND

61 DISCREPANCIES BETWEEN INSTRUCTIONS

62 ALTERATIONS IN SPECIFICATIONS AND DESIGNS AND EXTRA WORK

63 VARIATION IN CONTRACT VALUE

64 ACTION WHERE NO SPECIFICATIONS ISSUED

65 ABNORMAL RATES

66 INSPECTION OF WORK

67 ASSISTANCE TO THE ENGINEERS

68 TESTS FOR QUALITY OF WORKS

70 ACTION AND COMPENSATION IN CASE OF BAD WORK

71 SUSPENSION OF WORKS

72 OWNER MAY DO PART OF WORK

73 POSSESSION PRIOR TO COMPLETION

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

74.3 CARE OF WORKS

74.4 EFFECTS PRIOR TO TAKING OVER

VI BILLS / MEASUREMENT / PAYMENT

75 SCHEDULE OF RATES AND PAYMENTS

76 PROCEDURE FOR MEASUREMENT / BILLING OF WORK IN PROGRESS

77 LUMPSUMS IN TENDER

78 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS ADVANCES

80 PAYMENT OF CONTRACTOR’S BILL

81 CONCLUSION OF CONTRACT

82 MODE OF PAYMENT

83 COMPLETION CERTIFICATE

84 FINAL DECISION AND FINAL CERTIFICATE

85 CERTIFICATE FOR PAYMENTS AND EVIDENCE OF COMPLETION

VII TAXES / DUTIES / INSURANCE

86 TAXES & DUTIES

88 DAMAGE TO PROPERTY

VIII LABOUR LAWS AND OTHER REGULATIONS

90 IMPLEMENTATION OF APPRENTICES ACT, 1961

91 CONTRACTOR TO INDEMNIFY THE OWNER

92a HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS

92b MEDICAL FITNESS CERTIFACATION

93 SAFETY REGULATIONS

95 JURISDICTION

96 ORDER OF PRECEDENCE FOR WORKS/SERVICES CONTRACTS

97 LIMITATION OF LIABILITY

98 POLICE VERIFICATION OF CONTRACT STAFF AND TRANSPORT CREW

100 BUILDING AND OTHER CONSTRUCTION WORKERS CESS

IX MEMORANDUM OF AGREEMENT

PROFORMA OF BANK GUARANTEE

TAX RESIDENCY CERTIFICATE

BHARAT PETROLEUM CORPORATION LTD ACKNOWLEDGEMENT

GENERAL CONDITIONS OF CONTRACT

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

have following meanings :

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

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

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

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

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

Limited or his successor in office designated by the Owner.

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

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

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

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

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

handed over to the Owner by the Contractor on completion of the contract.

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

in or for the execution, completion, operation or maintenance of the work unless intended to form part of the

Permanent work.

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

provided by the Owner for purpose of the contract.

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

variations, if any, and such other document constituting the tender and acceptance thereof.

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

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

work has been entrusted by the Contractor, with the written consent of the Engineer-in-Charge, and the legal personal

representatives, successors and permitted assigns of such person, firm or company.

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

including therein all contract documents.

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

It shall also include the latest editions, including all addenda/corrigenda, of relevant Indian Standard Specification,

specifications of the other country published before entering into Contract.

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

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

Engineer-in-Charge.

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

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

from and alterations in the works.

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

the works have been completed to his satisfaction.

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

of liability is over for releasing the retention money/PBG.

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

responsible for rectifying all defects that may appear in the works.

GENERAL INFORMATION ABOUT SITE

2.1 LOCATION OF SITE & ACCESSIBILITY:

The site location is described in the Special Conditions of Contract. The intending tenderer should

inspect the site and make himself familiar with site conditions and available facilities.

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

with special permits are permitted in such restricted areas. Inside the premises access to various work

spots is also further regulated by permits issued for each area. Non-availability of access roads or permits

for entry of vehicles/equipment to any specific area shall in no case be the cause to condone any delay

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

2.2 SCOPE OF WORK

The scope of work is defined in the Special Conditions of Contract and specifications. The Contractor

shall provide all necessary materials, equipments / Tools and Tackles / Supervision / labour etc. for the

execution and maintenance of the work till completion unless otherwise mentioned in these tender

documents. All materials that go with the work shall be approved by Engineer-in-Charge prior to

procurement and use.

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

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

approach roads, construction materials as per specifications, shelter for his staff, etc. since these are to

be provided/arranged by the tenderer (unless otherwise specified) at his cost.

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

of the work, make available, land for construction of contractor’s field office, go-downs, workshop and

fabrication yard required for the execution of the contract. The contractor shall at his own cost construct

all these temporary buildings and provide suitable water supply and sanitary arrangement approved by

the Engineer-in-Charge.

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

erected by him and have the site cleaned as directed by Engineer-in-Charge if the contractor shall fail to

comply with these requirements, the Engineer-in-charge may at the expenses of the Contractor remove

such surplus and rubbish material, dispose off the same as he deems fit and get the site cleared as

aforesaid; and the contractor shall forthwith pay the amount of all expenses so incurred and shall have no

claim in respect of any such surplus materials disposed off as aforesaid. But the Owner reserves the right

to ask the Contractor any time during the pendency of the contract to vacate the land by giving seven

days notice on security reasons or on material interest otherwise.

2.4 SAFETY STANDARDS FOR TEMPORARYBUILDINGS

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

3.1 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

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 /

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

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 COMPANYOFFICER:

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

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

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 contained.

18 PERFORMANCE SECURITY DEPOSIT/RETENTION MONEY:

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

have to provide security deposit of 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

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

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

shall provide BPCL's Bank Account No. & IFSC Code (Details given below) to their Bank as beneficiary at

the time of application for Bank Guarantee in favor of BPCL. Issuing Bank shall issue the Bank Guarantee

& send SFMS message to BPCL's Bank confirming the authenticity of Bank Guarantee who in turn shall

send the confirmation to BPCL.

Name of Bank: State Bank of India

Branch :CAG Branch, Mumbai

IFSC Code: SBIN0009995

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

19 TIME OF PERFORMANCE:

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

the Engineer in charge and be completed in stages on or before the dates as mentioned in the time schedule of

completion of work. The contractor should bear in mind that time is the essence of this agreement unless such time

be extended pursuant to the provision of clause No. 21. Request for revision of Completion time after tenders are

opened will not receive consideration.

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

should prepare a detailed monthly and weekly execution programme, jointly with the Engineer-in-Charge within two

weeks of receipt of Letter of Intent or acceptance of tender. The work shall be executed strictly as per the time

schedule given in this document. The period of completion given includes the time required for testing, rectifications, if

any, retesting and completion in all respects to the entire satisfaction of the Engineer-in-Charge.

20 FORCE MAJEURE

Circumstances leading to force majeure

(a) Act of terrorism;

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

insurrection of military or usurped power;

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

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

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

conditions regardless of severity; and

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

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

dispute which is specific to the performance of the Works or the Contract.

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

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

• Notification of Force Majeure

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

of the occurrence of an event of Force Majeure giving full particulars of the event of Force Majeure and the

reasons for the event of Force Majeure preventing the Affected Party from, or delaying the Affected Party

in performing its obligations under the Contract.

• Right of either party to terminate

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

or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this

clause, either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other

• Payment in case of termination due to Force Majeure

The Contract Price attributable to the Works performed as at the date of the commencement of the relevant

event of Force Majeure.

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

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

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

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 REFERENCETO 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

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 remaining due.

26 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED:

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

whole of his security deposit (whether paid in one sum or deducted by installment) or have committed a

breach of any of the terms contained in this contract, the owner shall have power to adopt any of the

following courses as he may deem best suited to his interest:

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

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

be absolutely at the disposal of the Owner.

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

debiting contractor with the labour cost of tools and plants and equipment charges, the cost of the materials

for which a certificate of the Engineer-in-Charge shall be final and conclusive against the Contractor and

10% of costs as above to cover all departmental charges and crediting him with the value of the work done in

all respects in the manner and at the same rates as if it had been carried out by the Contractor under the

term of his contract. The certificate of Engineer-in-Charge as to the value of the work done shall be

final and conclusive against the contractor.

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

hand to give it to another contractor to complete in which case any expenses which may be incurred in

excess of the sum which would have been paid to the original contractor, if the whole work had been

executed by him (of the amount of which excess, the certificate in writing of the Engineer-in-Charge shall

be final and conclusive) shall be borne and paid by the original contractor and may be deducted from any

money due to him by the Owner under the contract or otherwise or from his security deposit or from the

proceeds of sale thereof, of a sufficient part thereof.

In the event of any of the above course being adopted by the Owner, the contractor shall have

no claim to compensation for any loss sustained by him by reason of his having purchased or

procured any materials or entered into any agreements or made any advances on account of

or with a view to the execution of the work of the performance of the contract. In case the

Contractor shall not be entitled to recover or be paid any sum for any work actually performed

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

work and the value payable in respect thereof and he shall only be entitled to be paid the value

27 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF

ACTION NOT TAKEN UNDER CLAUSE 26:

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

exercisable and the same had not been exercised, the non exercise thereof shall not constitute a waiver

of any of the conditions hereof and such powers shall notwithstanding be exercised in the event of any

further case of default by the contractor for which any clause of hereof he is declared liable to pay

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

and future compensation shall remain unaffected. In the event of the Owner putting in force the power

under sub-clause (a), (b) or (c) vested in him under the proceeding clause he may, if he so desires takes

possession of all or any tools and plants materials and stores in or upon the works or the site thereof

belonging to the contractor or procured by him and intended to be used for the execution of the work or

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

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

thereof shall be final otherwise the Engineer-in-Charge may give notice in writing to the contractor or his

clerk of the works, supervisor or other authorized agent, requiring him to remove such tools, plant,

materials or stores from the premises (within a time to be specified in such notice) and in the event of the

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

contractors expense or sell them by auction or private sale on account of the contractor and at his risk

in, all respects without any further notice as to the date, time or place of sale and the certificate of the

Engineer-in-Charge as to the expense of any such removal and the amount of proceeds and any

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

28 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF

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

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

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 Owner.

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

compensate expenditure incurred by him in the expectation of completing the whole of the work, the Owner shall

consider and admit such claim as are deemed fair and reasonable and are supported by vouchers to the satisfaction

of the Engineer-in-Charge. The Owner’s decision on the necessity and propriety of any such expenditure shall be final

and conclusive and binding on the contractor.

42 TERMINATION FOR CONVENIENCE :

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

the contract at any time by giving prior written notice of at least 14 days to the contractor. Such termination

shall be without prejudice to the rights of the parties that have accrued on or before the date of termination

of the contract.

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

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

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

contractors’ and subcontractors’ employees

the aggregate of all previous payments allocated to the works.

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

the amount to be paid to the contractor under the contract.

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

contractor must pay an amount equal to such negative sum to BPCL within 15 days of BPCL intimating

the contractor.

43 PATENTS AND ROYALTIES:

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

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

to pay all royalties and licence fees which may be due with respect thereto. If any equipment, machinery, materials

or composition matters, to be used or supplied or methods and process to be practised or employed in the

performance of this contract, is covered by a patent under which contractor is not licensed then the contractor before

supplying or using the equipment, machinery, materials, compositions method or processes shall obtain such licences,

and pay such royalties and licence fees as may be necessary for performance of the contract. In the event, the

contractor fails to pay any such royalties or obtain any such licence, any suit for infringement of such patents which

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

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

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

reasonably brought because of the use by the Owner of any equipment, machinery, materials, and process methods

to be supplied hereunder. The contractor agrees to and does hereby grant to Owner, together with the right to extend

the same to any of the subsidiaries of the Owner as irrevocable, royalty- free licence to use in any country, any

invention made by the contractor or his employee in or as a result of the performance of the work under the contract.

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

contractor for the contributory infringement of patent rights arising out and based upon the claim that the

use by the Owner of the process included in the design prepared by the Owner and used in the operation

of the plant infringes on any patent right with respect to any sub-contract entered into by contractor

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

protection that contractor is required to provide under

the provisions of this clause.

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

Owner as well as drawings, tracings, reproducible, plans specifications, design, calculations etc. prepared by the

contractor for the purpose of execution of works covered in or connected with this contract shall be the property of

Owner and shall not be used for any other work but are to be delivered to the Owner at the completion of the contract.

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

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

minimum and further, the contractor agrees to execute an individual SECRECY agreement from each or any person

employed by contractor having access to such documents, drawings and to any other agency or individual, without

the written approval by Engineer-in-Charge.

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

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

become due an amount sufficient to completely indemnify the owner against such lien or claim and if such lien or

claim be valid the Owner may pay and discharge the same and deduct the amount so paid from any money which

may be or may become due and payable to the Contractor. If any lien or claim remain unsettled after all payments

are made, the contractor shall refund or pay to the Owner all moneys that the latter may be compelled to pay in

discharging such lien or claim including all costs and reasonable expenses.

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

and only to the extent required for the particular portion of the work being done.

Contractor will not give any items concerning details of the work to the press or a news disseminating

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

site without written approval of Engineer-in-Charge

45 OPERATION OF CONTRACT:

45.1 Law Governing:

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

amendments, modifications, alterations, or supplements, thereto shall be governed by the laws of India

and respective state laws for the nature, validity and interpretation thereof.

45.2 Non-Waiver of Default:

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

keeping and performance of any of the terms or conditions of this agreement, or to exercise a right

hereunder, shall not constitute a waiver of such terms, conditions or rights, and shall not affect or impair

same, or the right of the Owner or the Contractor, as the case may be at any time to avail itself of same.

PERFORMANCE OF WORK

46 EXECUTION OF WORKS:

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

explanatory detailed drawings, specifications, and instructions as may be furnished from time to time to the contractor

by the Engineer-in-Charge whether mentioned in the contract or not. The contractor shall be responsible for ensuring

that works throughout are executed in the most substantial, proper and workman like manner with the quality of

material and workmanship in strict accordance with the specifications following all safety requirements of BPCL and

as stipulated in work permits as per the directions and to the entire satisfaction of the Engineer-in- Charge.

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

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

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

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

standards codes and specifications, these additional requirements shall also be satisfied.

47 COORDINATION AND INSPECTION OFWORK:

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 ANDDEWATERING:

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

50.1 Place of Work:

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

of all the conditions prevailing in such location and the restrictions placed on movement of personnel and

equipment, types of equipment and tools permitted, working methods allowed etc. in the light of security

and safety regulations operative in the area.

The safety regulations to be complied with, by the contractor will also be provided along with the tender.

No idle time wages or compensation for temporary stoppage of work or restrictions would be paid, and

the rate quoted for the various items of work should cover the cost of all such contingencies and

eventualities. Substantial structures and utilities exist both above ground and underground, adjacent to

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

Special care is necessary in transportation, storage, working on equipments and other construction

activities to protect the existing features and prevent damage to any facility. Necessary protective

structures barricades etc. have to be erected at various places as directed by Engineer-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

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-in-

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

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

difficulties and any circumstances beyond the control of the Owner. In no case, the contractor shall be entitled to

claim any compensation or loss suffered by him on this account.

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

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

is likely to be delayed due to the contractor’s inability to make arrangements for supply of materials which normally

he has to arrange for, the Engineer-in-Charge shall have the right, at his own discretion, to Issue such materials

If available with the Owner or procure the materials from the market or elsewhere and the contractor will be bound

to take such materials at the rates decided by the Engineer-in-Charge. This, however, does not in any way absolve

the contractor from responsibility of making arrangements for the supply of such materials in part or in full, should

such a situation occur, nor shall this, constitute a reason for the delay in the execution of the work.

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

can be obtained from standard manufacturer in finished form.

ix) The contractor shall, if desired by the Engineer-in-Charge, be required to execute an indemnity bond for safe

custody and accounting of all materials issued by the Owner.

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

requirements of the quantities of the materials to be supplied by the Owner and the time when the same will be

required by him for the works, so as to enable the Engineer-in-Charge to make necessary arrangement for

procurement and supply of the material.

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

receipt, consumption and balance in hand. This account shall be maintained in a manner prescribed by the

Engineer-in-Charge along with all connected papers viz. requisition, issues etc. and shall be always available for

inspection in the contractor’s office at site.

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

be entitled to cartage and incidental charges for returning the surplus materials, if any, to the stores/location where

from they were issued or to the place as directed by the Engineer-in-Charge.

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

58 MATERIALS PROCURED WITH ASSISTANCE OF OWNER:

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

materials for the execution of the contract are procured with the assistance of Owner either by issue from

Owner’s stock or purchase made under orders or permits or licences issued by Government, the

contractor shall hold the said materials as trustee for the Owner and use such materials economically

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

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

with him after the completion of the contract or at its termination for any reason, whatsoever on his being

paid or credited such prices as the Engineer in-Charge shall determine having due regard to the condition

of the materials. The price allowed to the contractor however, shall not exceed the amount charged to

him excluding the storage charges if any. The decision of the Engineer-in- Charge shall be final and

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

of the licenses or permits, and/or for criminal breach of trust, be liable to compensate the Owner a double

rate or high rate, in the event of those materials at that time having higher rate or not being available in

the market, then any other rate to be determined by the Engineer-in-Charge and his decision shall be

final and conclusive.

59 MATERIALS OBTAINED FROM DISMANTLING:

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

other than those stipulated in clauses 66 & 70 hereunder, the materials obtained in the work of dismantling

etc. will be considered as the Owner’s property and will be disposed off to the best advantage of the

60 ARTICLES OF VALUE FOUND:

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

antiquities and other similar things which shall be found in, under or upon the site, shall be property of the

Owner and the contractor shall duly preserve the same to the satisfaction of the Engineer-in-Charge and

shall from time to time deliver the same to such person or person indicated by the Owner.

61 DISCREPANCIES BETWEEN INSTRUCTIONS:

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

staff or any doubt, arise as to the meaning of any such instructions or should there be any

misunderstanding between the contractor’s staff and the Engineer-in-Charge’s staff, the contractor shall

refer the matter immediately in writing to the Engineer-in-Charge whose decision thereon shall be final

and conclusive and no claim for losses alleged to have been caused by such discrepancies between

instructions, or doubts, or misunderstanding shall in any event be admissible.

62 ALTERATIONS IN SPECIFICATIONS AND DESIGNS AND EXTRA

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

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

be necessary or advisable during the progress of the work and the contractor shall be bound to carry out such

altered / extra / new items of work in accordance with any instructions which may be given to him in writing signed by

the Engineer-in-Charge and such alterations, omissions, additions or substitutions shall not invalidate the contract

and any altered additional or substituted work which the contractor may be directed to do in the manner above

specified as part of the work shall be carried out by the contractor on the same conditions in all respect on which

he agree to do the main work. The time for completion of work may be extended for the part of the particular job at the

discretions of the Engineer-in-Charge, for only such alteration, additions or substitutions of the work, as he may

consider as just and reasonable. The rates for such additional, altered or substituted work under this clause shall

be worked out in accordance with the following provisions:

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

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

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

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

opinion of the Engineer-in-Charge as to whether the rates can be reasonably so derived from items in the

contracts will be final and binding on the contractor.

c) If the rates for the altered, additional or substituted work cannot be determined in the manner specified in sub-

clause (a) and (b) above, then the contractor shall inform the Engineer-in-Charge of the rate which is his intention

to charge for such class of work supported by analysis of the rate or rates claimed, and the Engineer-in-Charge

shall determine the rates on the basis of the prevailing market rates of materials, labour cost at schedule of

labour plus 10% to cover contractor’s supervision, overheads and profit and pay the contractor accordingly. The

opinion of the Engineer-in-Charge as to the current market rates of materials and the quantum of labour involved

per unit of measurement will be final and binding on the contractor.

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

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

25% of the estimated contract value (i.e. quoted item rates of contractor shall hold good for

variations etc. within plus or minus 25% of estimated contract value)

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

exceed the value stipulated in the contract by more than the limits given in clause (d) above, the Contractor shall

claim revision of the rates supported by the proper analysis in respect of such items for quantities in excess of the

above limits, notwithstanding the fact that the rates for such items exist in the tender for the main work or can be

derived in accordance with the provision of sub-clause (b) of Clause 62 A, and the Engineer-in-Charge may revise

their rates having regard to the prevailing market rates, and the contractor shall be paid in accordance with the

rates so fixed. But, under no circumstances the contractor shall suspend / stop / slowdown the work on the plea of

non-settlement of rates of items falling under this clause.

63 VARIATION IN CONTRACT VALUE :

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

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

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

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

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

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

64 ACTION WHERE NO SPECIFICATIONS ISSUED:

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

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

Indian Standard Specifications do not cover the same the work should be carried out as per standard

Engineering Practice subject to the approval of the Engineer-in-Charge.

65 ABNORMAL RATES:

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

item/work, considering all specifications and conditions of contract. This will avoid loss of profit or gain, in

case of curtailment or change of specification for any item. In case it is noticed that the rates for any item,

quoted by the tenderer are unusually high or unusually low, it will be sufficient cause for the rejection of

the tender unless the Owner is convinced about the reasonableness of the rates on scrutiny of the

analysis for such rate to be furnished by the tenderer on demand.

66 INSPECTION OF WORK:

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

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

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

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

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

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

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

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

they had been given to the contractor himself. The contractor shall give not less than seven days, notice in writing to

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

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

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

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

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

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

measurement of the works by the Engine in-Charge.

67 ASSISTANCE TO THE ENGINEERS:

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

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

68 TESTS FOR QUALITY OF WORKS:

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

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

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

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

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

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

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

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

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

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

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

of such tests shall be reimbursed by the Owner.

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

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

be submitted before the work is commenced and in ample time to permit tests and examinations thereof.

All materials furnished and finishing applied in actual work shall be fully identical to the approval samples.

70 ACTION AND COMPENSATION IN CASE OF BAD WORK:

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

unskilled workmanship or with materials of any inferior description, or that any materials or articles

provided by the contractor for the execution of the work are unsound or of a quality inferior to that

contracted for, or otherwise not in accordance with the contract, the contractor shall on demand in writing

from the Engineer-in-Charge or his authorised representative, specifying the work, materials or articles

complained of, notwithstanding that the same have been inadvertently passed, certified and paid for

forthwith shall rectify or remove and reconstruct the works specified and provide other proper and suitable

materials or articles at his own charge and cost, and in the event of failure to do so within a period to be

specified by the Engineer-in-Charge in his demand aforesaid, the contractor shall be liable to pay

compensation at the rate of one percentage of the estimated cost of the whole work, for every week

limited to a maximum of 10 per cent of the estimated cost of the whole work, while his failure to do so

shall continue and in the case of any such failure the Engineer-in-Charge may on expiry of notice period

rectify or remove and re-execute the work or remove and replace with others, the materials or articles

complained of as the case may be at the risk and expenses of the contractors in all respects. The decision

of the Engineer-in-Charge as to any question arising under this clause shall be final and conclusive.

71 SUSPENSION OF WORKS:

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

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

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

received a written order to proceed therewith. The contractor shall not be entitled to claim/ compensation

for any loss or damage sustained by him by reason of temporary suspension of the works aforesaid. An

extension of time for completion, corresponding with the delay caused by any such suspension of the

works as aforesaid will be granted to the contractor, should he apply for the same, provided that

suspension was not consequent to any default or failure on the part of the contractor.

72 OWNER MAY DO PART OF WORK:

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

the contract, the owner has the alternative right, instead of assuming charge for entire work to place

additional labour force, tools, equipments and materials on such parts of the work, as the owner may

designate or also engage another contractor to carry out the work. In such cases, the owner shall deduct

from the amount which otherwise might become due to the contractor, the cost of such work and materials

with ten percent added to cover all departmental charges and should the total amount thereof exceed

the amount due to the contractor, the contractor shall pay the difference to the owner.

73 POSSESSION PRIOR TO COMPLETION:

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

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

of any work completed in accordance with the contract agreement. If such prior possession or use by

the Engineer-in-Charge delays the progress of work, suitable adjustment in the time of completion will

made and contract agreement shall be deemed to be modified accordingly.

74 PERIOD OF LIABILITY FROM THE DATE OF COMPLETION OF

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

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

connected in any way with the equipment or materials supplied by him or in the workmanship shall be rectified or

replaced by the contractor at his own expense as deemed necessary by the Engineer-in-Charge or in default, the

Engineer-in-Charge may cause the same made good by other workmen and deduct expenses (for which the certificate

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

contractor or from his security deposit. In case the defect arises within the abovementioned Defect Liability Period (DLP)

and the same is repaired/replaced, the DLP for the repaired/replaced job/item will be extended suitably so as to cover

the original DLP. However, in no case, such extension will exceed 24 months from date of start of initial DLP.

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

to fulfill the guarantee called for, he shall bring this to the notice of the Engineer-in-Charge in writing. The work will not

be considered as complete and taken over by the Owner until all the temporary works etc., constructed by the

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

74.3 Care of Works:

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

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

or to any part thereof or to any temporary work, from any cause whatsoever, he shall at own cost repair

and make good the same, so that at completion, the work shall be in good order and in conformity in

every respect with the requirements of the contract and the Engineer-in-Charge’s instructions.

74.4 Effects prior to taking over:

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

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

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

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

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

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

with all speed make good the defects so specified.

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

as may in all circumstances, be reasonable to make good such defects. The expenditure, so incurred

by the Owner shall be recovered from the amount due to the contractor. The decision of the Engineer-in-

Charge with regard to the amount be recovered from the contractor will be final and binding on the

contractor. As soon as the works have been completed in accordance with the contract (except in minor

respects that do not affect their use for the purpose for which they are intended and except for

maintenance thereof provided in clause 74.1) and have passed the tests on completion, the Engineer-

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

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

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

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

others and thereupon the Engineer-in-Charge shall issue a completion certificate which will however, be

for such group or groups as taken over only.

74.5 Defects after taking over:

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

speed, any defect arising from the defective materials supplied by the Contractor or workmanship or any

act of omission of the contract that may have been noticed or developed after the works or group of the

works has been taken over. The period allowed for carrying out such work will be normally one month.

If any defect be not remedied within a reasonable time, the Owner may proceed to do the work at the

contractor’s risk and expense and deduct from the final bill such amount as may be decided by the

Owner. If by reason of any default on the part of the contractor a completion certificate has not been

issued in respect of every portion of the work within one month after the date fixed by the contract for the

completion of the works, the Owner shall be at his liberty to use the works or any portion thereof in respect

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

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

completion certificate.

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

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

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

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

for the contract.

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

will be carried out at appropriate intervals by BPCL.

BILLS / MEASUREMENT / PAYMENT

75 SCHEDULE OF RATES AND PAYMENTS:

i) Contractor’s Remuneration

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

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

the application of the respective item rates (the inclusive nature of which is more particularly defined by

way of application but not of limitation, with the succeeding sub-clause of this clause) and payment to

be made accordingly for the work actually executed and approved by the Engineer-in-Charge. The sum

so ascertained shall (excepting only as and to the extent expressly provided herein) constitute the sole

and inclusive remuneration of the contractor under the contract and no further payment whatsoever shall

be or become due or payable to the contractor under the contract.

ii) Schedule of rates to be inclusive:

The prices/rates quoted by the contractor shall remain firm till the issue of final completion certificate

and shall not be subject to escalation. Schedule of rates shall be deemed to include and cover all costs,

expense and liabilities of every description and all risk of every kind to be taken in executing, completing

and handing over the work to the Owner by the Contractor. The Contractor shall be deemed to have

known the nature, scope, magnitude and the extent of the works and materials required, though the

contract document may not fully and precisely furnish them. He shall make such provision in the item

rates as he may consider necessary to cover the cost of such items of work and materials as may be

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

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

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

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

certain cases it may and in other cases it may not be expressly stated that the contractor shall do or

perform a work or supply articles or perform services at his own cost or without addition of payment or

without extra charges or words to the same effect or that it may be stated or not stated that the same

are included in and covered by the schedule of rates.

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

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

deemed to include and cover the cost of all constructional equipment, temporary work (except as

provided for herein), pumps, materials, labour, the insurance, fuel, stores and appliances to be supplied

by the contractor and other matters in connection with each item in the schedule of rates and the

execution of the works or any portion thereof, finished, complete in every respect and maintained as

shown or described in the contract documents or may be ordered in writing during the continuance of

iv) Schedule of Rates to cover Royalties, Rents and Claims:

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

articles and processes, protected by letters, or otherwise incorporated in or used in connection with the

works, also all royalties, rents and other payments in connection with obtaining materials of whatsoever

kind for the works and shall include an indemnity to the Owner which the contractor hereby gives against

all actions, proceedings, claims damages, costs and expenses arising from the incorporation in or use

on the works of a such articles, processes or materials, Octroi or other municipal or local Board charges

levied on materials, equipment or machineries to be brought to site for use on work shall be borne by the

v) Schedule of Rates to Cover Taxes and Duties:

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

stamp duties or Central or States Government or Local Body or Municipal Taxes or duties, taxes or

charges (from or of any other body), whatsoever, will be granted or obtained, all of which expenses shall

be deemed to be included in and covered by the Schedule of Rates. Contractor shall also obtain and pay

for all permits, or other privileges necessary to complete work.

vi) Schedule of Rates to cover Risk of Delay:

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

interference with the contractors conduct of work which occur from any cause including orders of owner

in the exercises of his powers and on account of extension of time granted due to various reasons and

for all other possible or probable cause of delay.

vii) Schedule of Rates cannot be altered:

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

or any part of them being modified, altered, extended, diminished or omitted. The schedule of Rates

are fully Inclusive rates

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

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

purpose an item wise or workwise, Schedule of rates shall be furnished, suitable for evaluating the value

of work done and preparing running account bills.

76 PROCEDURE FOR MEASUREMENT / BILLING OF WORK IN

i) Measurements:

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

representative of the Engineer-in-Charge and the Contractor’s authorise agent progressively. Such

measurement will be got recorded in the measurement book by the Engineer-in-Charge or his authorised

representative and signed in token of accepted by the contractor or his authorised representative.

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

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

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

be correct and binding on the contractor.

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

measurements for the various items executed during a month, before the expiry of the 1st week of the

succeeding month. The Engineer-in-Charge shall take or cause to be taken the requisite measurements

for the purpose of having the same verified and the claim, as far as admissible, adjusted, if possible,

before the expiry of 10 days from presentation of the bill.

iii) Dispute in Mode of Measurements:

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

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

77 LUMPSUMS IN TENDER:

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

entitled to payment in respect of the items at the same rates as are payable under this contract for such

items, or if part of the work in question is not In the opinion of the Engineer-in-Charge capable of

measurement of determination, the owner may at his discretion pay the lumpsum amount entered In the

tender or a percentage thereof and the certificate In writing of the Engineer-in-Charge shall be final and

conclusive against the contractor with regards to any sum or sums payable to him under the provisions

78 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS

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

only and not as payments for work actually done and completed and shall not preclude the requiring of

bad, unsound and imperfect, or unskilled work to be removed and taken away and reconstructed or re-

erected or be considered as an admission of the due performance of the contract, or any part thereof in

this respect, or of the accruing of any claim by the contractor, nor shall it conclude, determine or affect in

any way the powers of the Owner under these conditions or any of them as to the final settlement and the

adjustments of the accounts or otherwise, or in any other way vary or affect the contract.

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

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

of the measurement and of total amount payable for the work accordingly shall be final and binding on

all parties. The final bill shall be presented by the contractor along with ‘No claim certificate’ in a format

acceptable to the owner or such other documents as directed by the owner.

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

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

extra payment for the extra work. Such notice shall be given to the Engineer-in-Charge within one week

from the ordering of any extra work or happening of any event, upon which the contractor bases such

claims, and such notice shall contain full particulars of the nature of such claim with full details and

amount claimed. Failure on part of the contractor to put forward any claim with the necessary particulars

as above within the time above specified shall be an absolute waiver thereof. No omission by the owner

to reject any such claim and no delay in dealing therewith shall be waiver by the owner of any rights46 in

respect thereof.

80 PAYMENT OF CONTRACTOR’S BILL:

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

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

contractor on submitting the bill thereof be entitled to receive a monthly payment proportion to the part

thereof approved and passed by the

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

and conclusive against the contractor. This payment will be made after making necessary deductions as

stipulated elsewhere in the contract document for materials, security deposit or any moneys due to the

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

RA bill duly certified by Engineer-in-charge (EIC) and the balance payment shall be released within

days of receipt of RA bill by EIC after detailed scrutiny.

81 CONCLUSION OF CONTRACT:

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

to be affected during the execution of the contract, due to variation in quantities of individual line items in

contract based on site conditions, then the final payment could be restricted to ensure that the overall

total payment of the executed work does not exceed the overall amount that would have been payable to

the then L1 as per the latter’s quoted rates.

82 MODE OF PAYMENT:

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

83 COMPLETION CERTIFICATE:

83.1 Application for Completion Certificate:

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

certificate. The contractor may apply for separate completion certificate respect of each such portion of

the work by submitting the completion documents along with such application for completion certificate.

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

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

and satisfying himself that the work has been completed in accordance with and as set out in the

construction and erection drawings and the contract documents.

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

executed by him under the terms of contract.

83.2 Completion Certificate:

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

certificate shall be given nor shall the work be deemed to have been executed until all scaffolding surplus

materials and rubbish is cleared off the site completely or until the work shall have been measured by

the Engineer-in-Charge whose measurement shall be binding and conclusive. The work will not be

considered complete and taken over by the Owner, until all the temporary works, labour and staff

colonies etc. constructed are removed and the work site cleaned of all debris etc., as described in clause

in 83.3 below and to the satisfaction of the Engineer-in-Charge.

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

completion of the work, the Engineer-in-Charge may at the expenses of the contractor remove such

scaffolding, surplus materials and rubbish and dispose off the same as he thinks fit and clean off such

dirt as aforesaid, and the contractor shall forthwith pay the amount of all expenses so incurred and shall

have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum

actually realised by the sale thereof.

83.3 Clearing the site:

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

from local, municipal or government authorities. Metal scraps or any other scrap including wooden

packing materials shall be disposed as instructed by the Engineer-in-Charge or as follows:

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

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

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

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

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

before the settlement of the final bill.

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

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

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

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

settlement of the final bill.

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

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

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

84 FINAL DECISION AND FINAL CERTIFICATE:

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

have been duly maintained by the contractor during monsoon or such period as herein before provided in

clause 74 and that the

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

contract, the Engineer-in-Charge shall (without prejudice to the rights of the Owner to retain the

provisions of relevant clause hereof) give a certificate herein referred to as the final certificate to that effect.

The contractor shall not be considered to have fulfilled the whole of his obligations under the contract until

Final Certificate have been given by the Engineer-in-Charge notwithstanding any previous entry upon the

work and taking possession, working or using of the same or any part thereof by the owner.

85 CERTIFICATE FOR PAYMENTS AND EVIDENCE OF COMPLETION:

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

shall be taken to be an admission by the Owner of the due performance of the contract or any part thereof

or occupancy or validity of any claim by the contractor.

TAXES/DUTIES/INSURANCE

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

all taxes, duties, etc. now in force or hereafter Imposed, increased or modified, from time to time in

respect of work and materials and all contributions and taxes for unemployment compensation, insurance

and old age pensions or annuities now or hereafter imposed by any Central or State Government

authorities which are imposed with respect to or covered by the wages, salaries, or other compensations

paid to the persons employed by the contractor and the contractor shall be responsible for the compliance

with all obligations and restrictions imposed by the Labour Law or any other law affecting employer -

employee relationship and the contractor further agrees to comply and secure the compliance by all sub-

contractors, with all applicable Central, State, Municipal and local laws and regulations and requirements

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

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

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

requirements and also from all claims, suits or proceeding that may be brought against the Owner arising

under, growing out of, or by reason of the work provided for by this contract by third parties, or by Central

or State Government authority or any administrative sub-division thereof.

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

invoice in GSTR 1, payment of the tax liability on the said invoices and filing of Returns etc. and comply

with all the requirements of applicable laws including GST laws for the time being in force to enable the

OWNER to avail tax credit/s including input tax credit. Any loss or non-availability of input tax credit by the

OWNER due to non-compliance of applicable tax law including but not limited to GST laws in force or

otherwise, on the part of VENDOR, an amount equivalent to any tax liability accruing to the OWNER and/or

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

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

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

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

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

accrues to the OWNER at any point of time on account of non-compliance of applicable tax laws or rules

or regulations thereof or otherwise due to default on the part of VENDOR shall be borne by the VENDOR.

An amount equivalent to such cost, liability, dues, penalty, fees, and interest as the case may be shall be

reimbursed by the VENDOR within 30 days. Any GST as may be applicable on such recovery of amount

shall also be borne by VENDOR and same shall be collected by the OWNER.”

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

to the satisfaction of the Owner as follows:

i) Employees State Insurance Act:

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

with all obligations imposed by the Employees State Insurance Act, 1948, and the contractor

further agrees to defend, indemnify and hold Owner harmless from any liability or penalty which

may be imposed by the Central, State or Local Authority by reason of any asserted violation by

contractor or sub-contractor, of the Employee State Act, 1948 and also from all claims suits or

proceedings that may be brought against the Owner arising under, growing out of or by reason

of the work provided for by this contract whether brought by employees of the contractor, by third

parties or by Central or State Government authority or any political sub-division thereof.

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

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

contractor’s employees whose aggregate remuneration as fixed by the concerned authorities

and who are employed in the work provided for or those covered by ESI Act under any

amendment to the Act from time to time. The contractor shall deduct and secure the agreement

of the sub-contractor to deduct the employee’s contribution as per the first schedule of the

Employee State Insurance Act from wages and affix the Employee’s contribution Cards at

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

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

Employee’s contribution as required by the Act. The contractor agrees to maintain all Cards and

records as required under the Act in respect of employees and the payments and the contractor

shall secure the agreement of the subcontractor to maintain such records. Any expenses

incurred for the contribution, making contribution or maintaining records shall be to the

contractor’s or sub-contractor’s account.

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

contractor shall furnish satisfactory proof that all contributions as required by the Employees

State Insurance Act, 1948, have been paid.

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

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

contract, if any of the work is sublet, the contractor shall require the sub-contractor to provide

workman’s compensation and employer’s liability Insurance for the latter’s employees if such

employees are not covered under the contractors insurance.

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

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

Insurance Policy. Contractor shall carry and maintain any and all other insurance which be

required under any law or regulation from time to time. He shall also carry and main any other

insurance which may be required by the Owner.

iv) Automobile Liability Insurance:

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

his vehicles plying on works of this contract and these insurance shall be valid for the total

contract period. No extra payments will be made for this insurance. Owner shall not be liable for

any damage or loss not made good by the insurance company, should such damage or toss

result from unauthorised use of the vehicle.

88 DAMAGE TO PROPERTY:

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

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

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

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

representative or \ sub-contractor.

ii) The contractor shall indemnify and keep the Owner harmless of all claims for damage to property other

than Owner’s property arising under or by reason of this agreement if such claims results from the fault

and/or negligence or willful acts or omission of contractor, his employees, agents, representatives or sub-

LABOUR LAWS AND OTHER REGULATIONS

89 LABOUR LAWS:

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

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

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

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

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

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

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

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

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

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

The company recognises only the contractor and not his sub-contractors under the provisions of the Act.

The contractor will have to submit daily a list of his employees, who will be entering the Company’s premises

for the work awarded. He will also keep his wage register available at all times as close to the work site as

possible and produce the same for inspection whenever required by designated Company officials. If the

company so desires, a deposit may be taken from the Contractor to be refunded only after the Company is

satisfied that all the workmen employed by the contractor have been fully paid for the period of work in

Company’s premises at least at rates equal to or better than wages provided for under the Minimum Wages

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

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

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

liable for rejection.

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

and as amended from time to time.

90 IMPLEMENTATION OF APPRENTICES ACT 1961:

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

thereunder from time to time. If he fails to do so, his failure will be breach of the contract and the Engineer-

in-Charge may, at his discretion, cancel the contract. The contractor shall also be liable for any pecuniary

liability arising on account of any violation by him of the provision of the act.

91 CONTRACTOR TO INDEMNIFY THE OWNER:

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

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

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

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

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

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

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

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

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

expenses whatsoever, thereof or in relation thereto.

ii) Payment of Claims and Damages:

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

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

Contractor and the contractor shall not be at liberty to dispute or question the rig of the Owner

to make such payments notwithstanding the same may have been made without his consent or

authority or in law or otherwise to the country.

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

compensation Act 1923 or other applicable provisions of workmen’s Compensation Act any other

Act, the Owner is obliged to pay compensation to a workmen employed by contractor in

execution of the works, the Owner will recover from the contractor the amount of compensation

so paid and without prejudice to the rights of Owner under Section 12 sub-section (2) of the

said Act. Owner shall be at liberty to recover such amount or any part thereof by deducting it

from the security deposit or from any sum due to the contractor whether under the contract or

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

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

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

of contesting such claims.

iii) Employment Liability:

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

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

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

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

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

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

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

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

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

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

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

to the area with regard to payment of wages of his employees and also of employees of his sub-

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

contractor as follows:

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

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

92 (a) HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS:

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

agreement, the contractor shall comply with or cause to be complied with all the rules and regulations of

the local sanitary and other authorities or as framed by the Owner from time to time for the protection of

health and sanitary arrangements for all workers.

(b) MEDICAL FITNESS CERTIFICATION :

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

height more than 30 metres using temporary structures.

93 SAFETY REGULATIONS:

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

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

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

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

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

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

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

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

94 ARBITRATION:

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

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

operation or effect of this contract or termination thereof shall be referred to and finally resolved

through arbitration as per the procedure mentioned herein below :

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

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

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

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

(d) The proceedings shall be conducted in English language

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

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

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

also between CPSEs and Government Departments/Organizations (excluding disputes concerning

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

by either party for its resolution through AMRCD as mentioned in DPE OM no.4(1)/2013-

DPE(GM)/FTS-1835 dated 22-05-2018.

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

mentioned explicitly)

95 JURISDICTION:

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

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

of actions and proceedings arising out of the contract and the courts at Mumbai/(Ernakulam-in the case

of Kochi Refinery), only will have jurisdiction to hear and decide such actions and proceedings.

96 ORDER OF PRECEDENCE FOR WORKS / SERVICES CONTRACTS:

1. Contract Agreement (in GCC)

2. Detailed letter of Acceptance along with its enclosures

3. Letter of Award / Fax of Acceptance

4. Job Specifications (specific to particular job only)

6. Special Conditions of Contract (SCC)

7. Technical Specifications

8. Instructions to Bidders

9. General Conditions of Contract (GCC)

10. Other Documents

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

precedence over respective clauses of the formal contract and its Annexures.

97 LIMITATION OF LIABILITY

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

Contract Price, except that this Clause shall not limit the liability of the Contractor for following:

(a) In the event of breach of any Applicable Law;

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

person acting on behalf of the Contractor; or

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

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

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

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

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

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

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

98 POLICE VERIFICATION OF CONTRACT STAFF AND TRANSPORT

CREW AT LOCATION:

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

i) Police verification certificate issued by the police (PVC)

ii) Photocopy of Aadhaar Card (Original to be cross checked)

iii) Assurance certificate from the Vendor / Contractor /transporter

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

cause unnecessary disturbance or inconvenience to Corporation, tenants or occupiers of other properties

near the site and to the general public.

100 BUILDING AND OTHER CONSTRUCTION WORKERS CESS:

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

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

buildings etc.) as per the provisions applicable under ‘The Building and Other Construction Workers Welfare Cess

ii) The contractor must be registered with the concerned authorities under the Building and other Construction Workers‟

(RE&CS) Act, 1996 or in case of non-registration; the contractor should obtain registration within one month of the

award of contract.

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

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

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

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

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

concerned State.

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

after adjusting the Cess deducted at source.

MEMORANDUM OF AGREEMENT

An agreement made this day of 20 between BHARAT PETROLEUM

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

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

successors and permitted assignees) of the one part, and

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

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

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

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

complete satisfaction in accordance with the specifications, schedule of rates and plans attached as per Purchase

order/Contract and with the instructions given from time to time, by the Company’s authorized engineer under

whose supervision the work shall be-executed. The parties hereto agree that this agreement shall be effective

from the date of the aforesaid Purchase Order/Contract.

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

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

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

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

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

authorized Engineer that such difficulties could not have been foreseen.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

contractor in connection with the work.

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

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

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

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

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

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

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

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

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

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

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

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

terminated by the company.

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

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

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

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

on the contractor.

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

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

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

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

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

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

within the stipulated time.

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

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

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

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

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

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

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

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

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

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

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

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

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

the contractor.

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

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

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

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

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

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

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

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

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

the manner aforesaid.

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

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

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