TENDER FOR FIRE WATER PIPELINE MODIFICATION WORKS AT BPCL BHITONI DEPOT

SPECIAL TERMS AND CONDITIONS

I. INTRODUCTION:

This document stipulates the nature and level of service, support & maintenance

required from the Supplier / Authorized Service Provider. This document includes

the Payment Terms, Duration of the Contract.

II. PAYMENT/RETENTION MONEY/ DURATION OF THE CONTRACT:

Payments will be released within 30 days from the date of satisfactory completion

of work and submission of the final bill, income tax, sales tax on works contract,

and any other statutory levies, as applicable in the respective States. Payment

will be only released after successful acceptance of 10 % of Tender value as

performance bank guarantee/ retention money.

The validity of this Contract will be one year i.e. from date of LOI. The rates

quoted shall be valid for a period of ONE YEAR from the date of issue of LOI and

they will remain firm till the completion of work in all respects. BPCL has the

option to extend balance quantity (unutilized) for next ONE YEAR (after expiry of

annual contract) and / or place a repeat order for entire contract quantity for one

more year. Both options can be exercised concurrently by mutual consent of

BPCL & successful vendor.

BPCL reserves its right to award / split jobs against these rates at its discretion

among a number of bidders

III. PAYMENT TERMS:

a. The work charges will be payable as per the attendance of the contract workmen

and stamping done of the various instruments.

b. The bill for maintenance charges will be raised on monthly basis and the

payment will be made immediately on submission of the bill with supporting

IV. TERMINATION OF CONTRACT

In the event of Supplier / Authorized Service Provider failing to carry out the job

to the satisfaction of BPCL, BPCL reserves the right to terminate this Contract

by giving immediate notice.

Notwithstanding above, BPCL reserves the right to foreclose the contract without

assigning any reason with immediate notice.

V. BPCL shall conduct negotiation if required, at its discretion.

VI. RISK PURCHASE CLAUSE:

BPCL reserves the right to curtail or cancel the order either in full or part thereof if

the vendor fails to comply with the delivery schedule and other terms & conditions

of the order. BPCL also reserves the right to procure the same or similar

materials/equipment through other sources at vendors entire risk, cost and

consequences. Further, the vendor agrees that in case of procurement by the owner

from other sources the differential amount paid by the owner shall be on account of

the vendor together with any interest and other costs accrued thereon for such

VII. PURCHASE PREFERENCE CLAUSE IF APPLICABLE:

Owner reserves its right to allow Public Sector Enterprises (Central/State),

purchase preference as admissible/applicable from time to time under the existing

Govt. policy. Purchase preference to a PSE shall be decided based on the price

quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid.

Owner reserves its right to allow Micro and Small Enterprises (MSEs) 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 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.

VIII. CANCELLATION:

a. BPCL reserves the right to cancel the contract/purchase order or any part thereof

through a written notice to the vendor if.

b. The vendor fails to comply with the terms of this purchase order/contract.

c. The vendor becomes bankrupt or goes into liquidation.

d. The vendor fails to deliver the goods on time and/or replace the rejected goods

e. The vendor makes a general assignment for the benefit of creditors.

f. A receiver is appointed for any of the property owned by the vendor.

g. Upon receipt of the said cancellation notice, the vendor shall discontinue all work

on the purchase order matters connected with it. BPCL in that event will be entitled

to procure the requirement in the open market and recover excess payment over the

vendor s agreed price if any, from the vendor and also reserving to itself the right to

forfeit the security deposit if any, made by the vendor against the contract. The

vendor is aware that the said goods are required by BPCL for the ultimate purpose

of materials production and that non-delivery may cause loss of production and

consequently loss of profit to the BPCL. In this-event of BPCL exercising the option

to claim damages for non delivery other than by way of difference between the

market price and the contract price, the vendor shall pay to BPCL, fair

compensation to be agreed upon between BPCL and the vendor. The provision of

this clause shall not prejudice the right of BPCL from invoking the provisions of

price reduction clause mentioned as aforesaid.

h. Bidder have to ensure the following:

 All Statutory approvals to be obtained, If Applicable – It is in the Vendor Scope

 All Materials shall be standard type

 Job shall be completed in two months from the date of LOI/PO whichever is

 Installation and Commissioning of various equipment’s at location site only.

 No Advance Payments / Part Payment will be done. 100 % Payment will be

released after completion of entire work as per scope.

 L1 Bidder will have to deposit an interest free performance bank guarantee of

% of total bid value with a validity of 12 months and claim period of 18 months

which will be retained by the buyer for 18 months.

 Instead Of PBG, 10 % retention of total bid value may be retained for a period of

12 months which will be interest free.

I hereby accept scope of work specified in the tender.

X. No deviation will be accepted.

I / We have read carefully the above terms & conditions of tender and agreed

to abide by the same.

Signature of the Vendor –

(Or his authorized representative)

Date : Address :