UPGRADATION OF EXHAUST BLOWER FOR TBP/POST STILL UNIT AT G2025 LAB AREA AT BPCL CRDC, GREATER NOIDA.

CRFQ NO. 1000458784 E-TRNDER NO. -

Contact person Name: Rahul Anand,

Designation: Manager, Infrastructure, (CRDC),

Address: - Bharat Petroleum Corporation Limited,

Corporation Research & Development Centre,

Plot No. 2A, Udyog Kendra, Behind India Yamaha Motors,

Surajpur, Greater Noida -

E-mail:- [email protected]

“TENDER FOR UPGRADATION OF EXHAUST BLOWER FOR TBP/POST

STILL UNIT AT G205 LAB AREA AT BPCL CRDC, GREATER NOIDA”

REQUEST FOR QUOTATION

E-Tender System ID:

Tender Calendar Details

Stage Name Start Date End date and

Tender release 01.07.2026 15.07.2026, 11:00 hrs. IST

Technical bid opening 15.07.2026

Priced Bid Opening Will be intimated later

Please note that is a limited tender and thus participation of other vendors is not allowed in this

CRFQ NO. 1000458784 E-TRNDER NO. -

NOTICE INVITING E-TENDER

E-BIDS IN 2 PARTS ARE INVITED FOR THE “UPGRADATION OF EXHAUST BLOWER FOR TBP/POST STILL UNIT AT

G205 LAB AREA AT BPCL CRDC, GREATER NOIDA”

1.1 All prospective bidders are requested to enroll themselves in to our e-tendering platform

https://bpcleproc.in/ maintained by M/s. E-procurement Technologies Ltd, our authorized Service Provider

for E-tendering.

1.2 Upon logging in to the e-procurement website, bidders can download the bid documents and shall thoroughly

go through the same. All documents required for the bid, shall be uploaded on the appropriate place in the E-

Procurement web site, digitally signed. No physical scanned documents need to be uploaded except those

specifically indicated.

1.3 As a pre-requisite for participation in the tender, bidders are required to obtain a valid Digital Signature

Certificate of Class 2B or 3 (Signing and Encryption/Decryption) and above as per Indian IT Act from the

licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA), Controller of

Certifying Authorities (CCA). The cost of obtaining the digital certificate shall be borne by the bidder.

1.4 Bidders are advised to read the Instructions for participating in the electronic tenders directly through internet

(Bid Submission Manuals are available on the above mentioned e-procurement site) and get conversant with

the process of online submission of the tenders well in time so as to submit tenders by the due date.

1.5 E-Bidding instructions are also attached along with the tender document for reference and guidance.

2.0 BRIEF DESCRIPTION:

Corporate R&D center (CRDC) of Bharat Petroleum is set up at Greater NOIDA with state-of-the-art facilities

and is backed with a vision to develop high value products, services, processes & technologies and create

innovative R&D solutions to earn customer’s delight.

CRDC INTENDS TO '‘UPGRADATION OF EXHAUST BLOWER FOR TBP/POST STILL UNIT AT G205 LAB AREA AT

BPCL CRDC, GREATER NOIDA”

3. EARNEST MONEY DEPOSIT (EMD):

4.0 OFFER VALIDITY:

The Offers shall be valid for a period of 120 days from Tender Due Date / Extended Tender Due Date for

placement of order.

5.0 TIME OF COMPLETION:

As detailed in the Special Conditions of contract

6.0 GENERAL PURCHASE CONDITIONS (GPC) / GENERAL CONTRACT CONDITIONS (GCC)/ SPECIAL CONDITIONS

OF CONTRACT (SPC) :

CRFQ NO. 1000458784 E-TRNDER NO. -

Attached General Purchase Conditions (GPC) / General Contract Conditions (GCC) Special Purchase Conditions

(SPC) shall be applicable for this contract.

7.0 SUBMISSION OF TENDER:

7.1 Bids should be submitted in "TWO BID SYSTEM", i.e., "Unpriced-Technical Bid” & "Priced Bid" through e-

tendering portal.

7.2 "Un-Priced- Technical Bid", i.e. Techno-Commercial Bid, shall be complete with all technical and commercial

details (other than price) duly filled, signed and stamped essentially containing the following documents shall

be submitted/ uploaded:-

i) Scanned copy of Bidder’s PAN, Certificate of Incorporation, GST Registration Certificate, Declaration

of Holiday Listing, and Declaration of anti-profiteering under GST.

ii) Contact details of Vendor duly filled, signed and stamped.

iii) Scanned copy of Bidder’s PAN, Certificate of Incorporation, VAT/Service Tax Registration Certificate

Please do not indicate prices in Un-Price Bid.

v) Details of taxes and duties as per the format Attached

a) Indian Bidders: Format for Taxes and Duties for Local Supply.

b) Non-Indian Bidders: Format for Taxes and Duties for Import Supply.

vi) Acceptance, Compliance, Deviations and Exceptions: Bidders are requested to have all their queries

clarified before bidding. Bidders are required to confirm and accept all the terms and conditions of

the RFQ. However, if they still have deviations from our RFQ and the attachments (GPC, SPC,

specifications, scope of work, special instructions to bidders, etc.), they can indicate deviations in

the Form-B giving reference to clause no.

vii) Duly signed RFQ, Special Conditions of Contract, scope of work etc duly signed and stamped as a

token of acceptance.

viii) Any other supporting documents/ information in support of the Un-priced Bid.

7.3 "Priced Bid" shall be submitted online. Bidders shall input their prices online in the template created in the E

Tendering portal.

7.4 Bids complete in all respects should be uploaded in BPCL e-tendering portal on or before the due date & time.

Each page of all documents, submitted by the bidder, shall be duly signed & stamped, and then scanned and

uploaded in the portal. The offer shall be submitted in the Portal under the digital signature of the bidder.

7.5 Offer submitted by Telex/ Telegraphic/ Fax/ E-Mail or Hard copy in sealed covers, shall not be accepted.

7.6 BPCL shall not be responsible for any delay in uploading of offer.

7.7 MSE Vendor (Manufacturers only)

CRFQ NO. 1000458784 E-TRNDER NO. -

a. The unit should be registered with National Small Scale Industrial Corporation Limited (NSIC) or with any of

the Authorities specified under the Public Procurement Policy for MSE’s. The unit should be registered for the

item tendered. The monetary limit, if any, indicated in the registration certificate should cover value of items

ordered. The registration certificate is valid for a period at least up to validity of the offer.

b. Self-attested copy of all the pages of EM-II certificate issued by appropriate authority mentioned in Public

procurement policy of MSEs – 2012 should be submitted in support of above.

c. Bidder’s declaration / affidavit on Organization / Company Letter Head, stating that, in the event of award of

contract, all the ordered supplies shall be made from the unit for which MSE certificate has been submitted.

8.0 TENDER OPENING:-

The deadline for bid submission is 11:00 Hrs on the due date mentioned. The bids can be submitted in the e-

procurement website upto the tender due date and time. The Unpriced Technical bids will be opened online

through e-procurement website https://bpcleproc.in, on the same day at 11.30 Hrs.

8.1 Un-priced-Technical bids: - The Unpriced Technical bids of bidders shall be opened through the e-portal on the

date and time mentioned in the tender document. The offers of those Bidder(s) whose un-priced bid meet the

requirements; will only be considered for further evaluation.

8.2 Price bids: - The date and time of opening Price Bids shall be intimated separately to the techno-commercially

acceptable bidders and the price bids shall be opened through e-portal. Such Techno-Commercially accepted

bidders can view/ witness the "Price Bids" opening through the e-portal.

9.0 METHODOLOGY FOR EVALUATION:

Price evaluation will be done overall landed cost basis as per the special conditions of the contract provided.

Quoted prices in foreign currency shall be considered for evaluation. (Exchange rate as per SBI TT Selling rate

on the date previous to the date of opening of the price bid shall be considered for conversion of the offer to

INR for comparison and evaluation of the quotes.)

9.0 CONTACT PERSONS:

Please note that tender against tender enquiry is invited through e-tendering mode. In case of any clarification

regarding the tender, following are the contact persons:-

9.1 FOR E-TENDERING RELATED ISSUES:

If tenderers need some clarifications or are experiencing difficulties while enrolling or while participating in

this e-Tender, please E-Mail to the following E-Mail ID along with the snapshots of the errors being faced to:

E Mail - [email protected] & with a copy to: [email protected]

Contact the following helpdesk numbers:

All India +91-9560975377

9.2 FOR TECHNICAL CLARIFICATIONS:

Mr. Taraknath Mathur Ghosh, Chief Manager, Infra, (CRDC), CRDC, Greater NOIDA

Tel No. 0120 - 2354235. E mail: [email protected]

Mr. Tarun Dey, DGM (CRDC), CRDC, Greater NOIDA

Tel No. 0120 - 2354130. E mail: [email protected]

CRFQ NO. 1000458784 E-TRNDER NO. -

9.3 FOR COMMERCIAL CLARIFICATIONS:

For any commercial clarifications regarding this RFQ, please contact:

Contact Person – Mr. Rahul Anand, Manager, Infrastructure, BPCL- CRDC, Greater Noida,

Tel no. 0120 - 2354108. Email: [email protected]

Procurement Manager – Chithra Viswanath, BPCL – (R&D, CRDC Greater Noida.

Tel no. 022 - 2354142 Email: [email protected]

10.0 Arbitration Clauses

Arbitration clause as per GPC stands replaced and shall be as mentioned below -

“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 Mumbai

d) The proceedings shall be conducted in English language

The cost of the proceedings shall be equally borne by the parties, unless otherwise directed by the Sole

11.0 GENERAL POINTS:

11.1 BPCL reserves the right to extend due dates of tender, accept or reject any tender in part or full, without

assigning any reason whatsoever. BPCL also reserves its right not to accept the lowest rates quoted by the

bidders and also to give purchase/price preference to eligible Enterprises, as admissible under the existing

policies of Government of India and to JVs/ Subsidiaries as per BPCL guidelines.

11.2 COST OF BIDDING: The Bidder shall bear all costs associated with the preparation and submission of Bid, all

activities in connection with bidding. BPCL will in no case be responsible or liable for these costs regardless of

the conduct or outcome of the bidding process. Each Bidder accept and agrees, as a condition of submitting

Bid that it waives any and all claims against BPCL, its Co-ventures and their affiliates, for remuneration or

restitution relating to its costs and expenses in.

11.3 CONTENTS OF BIDDING DOCUMENT: The Bidder is expected to examine carefully all instructions, conditions,

forms and terms given in the Bidding Documents. Failure to furnish all information required by the Bidding

Document or not responsive to the requirements of the Bidding Document will be at the Bidder’s risk, and

may result in rejection of the bid.

Amendment of bidding document

BPCL may, for any reason either at their own initiative or in response to the clarification requested by

prospective bidders, issue amendment in the form of addendum during the bidding period or subsequent to

CRFQ NO. 1000458784 E-TRNDER NO. -

receiving the bids. Any addendum thus issued shall become part of bidding document and Bidder shall submit

`Original' addendum duly signed and stamped in token of his acceptance. If addendum is issued during the

bidding period, Bidder shall consider the impact in his bid. If addendum is issued subsequent to receiving the

bids, Bidder shall follow the instructions issued along with addendum with regard to submission of impact on

quoted price/ revised price, if any.

11.4 OWNER’S RIGHTS TO ACCEPT / REJECT ANY OR ALL BIDS: BPCL reserves the right to reject any or all the tenders

without assigning any reasons whatsoever. Also BPCL reserves the absolute right to reject any or all the

bids/tenders solely based upon the past unsatisfactory performance by the bidder/bidders in BPCL, the

opinion/ decision of BPCL regarding the same being final and conclusive

15.5 LANGUAGE OF BIDS: The bid prepared by the Bidder and all correspondence and documents relating to the

bid, exchanged by the Bidder and BPCL, shall be written in the English language. All information in the “Bid”

shall be in English language. Information in any other language shall be accompanied with its translation in

English. Failure to comply with this condition shall disqualify a “BID”. In the event of any contradictions

between meanings as derived from various languages of the “BID”, the meaning as derived from English

language copy of the “BID” shall govern.

16.6 CONFIDENTIALITY OF BID DOCUMENT: The bidder shall not disclose any information contained in the bid

document or otherwise supplied in connection with this bid to any third party, except for the purpose of

preparing its bid and shall require any such third party to treat such information as confidential.

11.7 PROCESS TO BE CONFIDENTIAL: After the opening of bids, information relating to the examination,

clarification, evaluation and comparison of bids and recommendations concerning to award of contract shall

not be disclosed to Bidders. Canvassing in any form by the Bidder or by any other Agency on behalf of the

Bidder after submission of the Bid may disqualify the said Bid. Any effort by a Bidder to influence the owner

in the process of examination, clarification, evaluation and comparison of Bids, and in decisions concerning

award of contract, may also result in the rejection of the said Bid.

11.8 WRONG INFORMATION: If the Bidder deliberately gives wrong information in his Bid to create circumstances

for the acceptance of his Bid, Owner reserves the right to reject such Bids without any reference to the Bidder.

19.9 VENDOR HOLIDAY LISTING: Vendors serving holiday listing order issued by BPCL, MOP&NG or any other Oil

PSEs would not get qualified in the tenders floated in BPCL till the holiday listing order is revoked by the

concerned authority and the proof of such revocation is submitted to the tendering department.

A declaration to be submitted by bidder indicating that they are not on holiday list by BPCL / MOP&NG or any

other Oil PSEs as on due date of bid submission anywhere in the country. Offers not accompanied with such

declaration shall make the bidders liable for rejection. Any wrong declaration in this context shall make the

bidders liable for action under the Holiday Listing procedure.

11.10 CLARIFICATIONS OF BIDS: In the event of finding any discrepancies in or omissions from the Bid Documents,

or should the Bidder be in doubt as to the meaning of such documents, Bidder shall immediately notify BPCL,

either by facsimile or letter, at the address shown above, who will thereupon, if required, send necessary

written instructions to all Bidders. Any such request shall reach BPCL not later than seven (7) days prior to the

‘closing date”.

As part of examination, evaluation and comparison of Bids, the Owner may at his discretion, ask Bidders

individually for clarification or call them for discussion of their Bid.

CRFQ NO. 1000458784 E-TRNDER NO. -

For Techno-Commercial clarifications, bidders shall normally be given a cutoff date for furnishing

clarifications. Clarifications received after the specified cutoff dates are liable not to be considered for

evaluation. Technical Query (TQ)/Commercial Query (CQ) shall be issued to bidders through E-Mail/E

Tendering platform. Reply of TQ/CQ shall also be received through E-Mail/E-Tendering platform.

11.11 REVERSE AUCTION: BPCL reserves the right to consider the sealed price bids submitted by the bidders in E-

tendering portal or to opt for Reverse Auction (RA) which shall be decided after technical evaluation of the

offers. As such, the bidders should submit their best prices in ‘Priced Bids’ in E-tendering portal.

In case BPCL opt for Reverse Auction, the price bid submitted by the vendors shall not be opened. The General

terms and conditions governing RA shall be applicable. A brief general condition of RA is given along with E-

bidding Instructions

11.12 SIGNING OF BID: The Bid must contain the name, designation, residence and place of business of the person

or persons submitting the Bid, and must be signed and sealed by the Bidder with his usual signature. The

names of all persons signing should also be typed or printed below their signature.

Satisfactory evidence of authority of the person signing on behalf of the Bidder shall be furnished with the

Bid. The Bidder’s name stated in the Bid shall be the EXACT LEGAL NAME OF FIRM / COMPANY /

CORPORATION, etc. as registered or incorporated.

11.13 FIRM PRICES: The Contract Price shall remain firm and fixed till the completion of Work in all respects and no

escalation in prices on any account shall be admissible to the BIDDER / CONTRACTOR.

11.14 INDIAN LAWS

Bidder is reminded that they will be subject to Indian laws, Government of India rules and regulations/

guidelines, practices and conditions as applicable from time to time which might affect the MATERIAL supply.

(For) Procurement Manager, CRDC, Greater Noida-

CRFQ NO. 1000458784 E-TRNDER NO. -

ATTACHMENTS TO THE TENDER

Section Description

1 NOTICE INVITING TENDER

2 ATTACHMENTS TO THE TENDER

3 SCOPE OF WORK & TECHNICAL SPECIFICATIONS, SPC AND AGREED TERMS & CONDITIONS

4 E-BIDDING INSTRUCTIONS

5 TECHNICAL DEVIATION FORM

6 COMMERCIAL DEVIATION FORM

7 FORMAT FOR TAXES AND DUTIES

8 FORMAT FOR CA CERTIFICATE FOR MSME

9 LAND BORDER DECLARATION

10 FORMAT FOR BIDDER’S INFORMATION

11 CRDC HSSE POLICY

12 VENDOR ADVISORY - ENVIRONMENTA

13 GENERAL PURCHASE CONDITIONS

14 GENERAL CONTRACT CONDITIONS

15 POLICY OF HOLIDAY LISTING OF VENDORS IN BPCL

16 PROFORMA OF DECLARATION OF HOLIDAY LISTING

17 CONTRACTOR SAFETY MANAGEMENT

18 BID REJECTION CRITERIA FOR TENDER

CRFQ NO. 1000458784 E-TRNDER NO. -

SCOPE OF WORK & TECHNICAL SPECIFICATIONS, SPC AND AGREED TERMS & CONDITIONS

CRFQ NO. 1000458784 E-TRNDER NO. -

Upgradation of exhaust blower for TBP/Poststill unit at G205 lab area, BPCL CRDC, Greater Noida.at BPCL

CRDC, Greater Noida.

Bharat Petroleum Corporation Ltd. Corporate R&D Centre is located at Plot 2 A, Industrial area, Village

Surajpur, Greater Noida. The location of the subject job is at the G2 block in CRDC Premises.

A. SCOPE OF WORK:

1. Centrifugal Exhaust Blower

• Supply, installation, alignment and commissioning of centrifugal air exhaust industrial blower for TBP

and POT-STILL unit in G2 Lab.

• Blower capacity shall be in the range of 2000 CFM to 2500 CFM.

• Blower shall be equipped with 5 HP, three-phase, 1440 RPM motor.

• Scope includes blower base frame / foundation and associated civil work required for proper mounting.

• Complete installation including all fittings, fasteners and accessories.

2. PVC Air Ducting System

• Supply and installation of PVC 10-inch air duct piping for exhaust air conveyance.

• Total duct length shall be as per site requirement (approx. 11 running meters).

• Scope includes socket joints, bends, clamps, supports and all accessories, complete in all respects.

• Proper sealing to ensure leak-free operation.

3. Aluminium Ducting

• Supply and installation of aluminium ducting for connection of exhaust points of two units.

• Approximate quantity: 6 running meters or as required at site.

• Includes necessary bends, flexible connections, clamps and supports.

4. Electrical & Control System

• Supply and installation of Electrical Air Control Unit for operation and control of the exhaust system.

• Quantity: 2 Nos. (For two units).

• Scope includes control switches, starters, cabling and required electrical accessories.

• Electrical power shall be sourced from the existing power supply point.

5. Integration & Interconnection

• Complete interconnection of blower, ducting and control units to form an integrated exhaust system.

• Proper alignment, vibration control and secure fixing of all components.

6. Testing & Commissioning

• Testing, trial run and commissioning of the complete exhaust system.

• Ensuring satisfactory performance, airflow and safe operation.

CRFQ NO. 1000458784 E-TRNDER NO. -

The test certificate for electric motors and certificate of blower material, flow measurement report etc. must

be submitted along with the final bill. Only successful testing at site the blower shall be accepted.

The quoted rates shall be inclusive of all consumables, material, labour, special tools, lifting equipment hire

charges, transportation, taxes & duties but excluding only GST. No material / tools shall be provided by

C. TIME PERIOD:

The complete scope of work as per BOQ & SOW has to be completed in 8 weeks (Eight) time from the date

of award of the job. It may be noted that the normal R&D working is from 08:30 am to 5.00 pm, 5-day week

however late & extended working is permitted with due permission from the BPCL EIC.

D. PAYMENT TERMS:

The payment shall be made within 30 days of successful completion of the job & submission of bill as per

BPCL procedures. All statutory taxes as applicable shall be deducted from the bills.

E. CONTRACTOR’S SITE TERM:

The site team of the Contractor for installation shall include a dedicated Site Supervisor with 4 – 5 years

of experience in similar installation jobs. The Site Supervisor should be aware of the work safety system

& electrical jobs & should be available at site on all the days.

F. SAFETY & HOUSEKEEPING:

• All the jobs related to this tender have to be carried out inside R&D complex and hence contractor

must follow the gate pass system, Work permit system and other security systems of BPCL.

• The contractor shall ensure that all safety guidelines of BPCL are adhered to and 100% usage of PPE

including safety helmets, safety shoes, belts, and area barricading etc. The contractor must ensure no

damage to BPCL’s property.

• One supervisor shall always be present at the site whenever the work is done to oversee the job safety

of the work permit system.

• The area must be handed over in clean condition without any leftover material or debris related to the

G. BPCL SCOPE / ASSISTANCE:

BPCL shall provide free water & power to the Contractor at one point near the existing available

source. However further distribution to various equipment’s etc. must be done by the Contractor in

Electrically safe manner as approved by BPCL. BPCL shall provide necessary gate passes for the work

forces as per the BPCL’s gate pass system.

H. LIQUIDATED DAMAGE

LD charges will be levied for delay in [email protected]% of the value of the contract per week subject

to a maximum of 5% of the value of contract.

CRFQ NO. 1000458784 E-TRNDER NO. -

E-BIDDING INSTRUCTIONS

INSTRUCTIONS TO BIDDERS ON E-TENDERING

1.0 GUIDELINE FOR E-PROCUREMENT SYSTEM:

Bharat Petroleum Corporation Ltd. has gone for online submission of bid through e-procurement system on

https://bpcleproc.in. Bidders are advised to read the Instructions for participating in the electronic tenders directly

through internet (Bid Submission Manuals are available on the above mentioned e-procurement site).

To participate on tenders hosted by BPCL on e-procurement site, bidders are required to have a digital certificate and

do “Enrollment” (Register on site) by creating one User Id on the above site.

Bidders shall make their own arrangement for e-bidding. The Un-priced Technical Bids along with all the copies of

documents should be submitted in e-form only through BPCL e-Procurement system. Before the bid is uploaded, the

bid comprising of all attached documents should be digitally signed using digital signatures issued by an acceptable

Certifying Authority (CA) in accordance with the Indian IT Act 2000. If any modifications are required to be made to a

document after attaching digital signatures, the digital signature shall again be attached to the modified documents

before uploading the same.

Late and delayed Bids / Offers after due date / time shall not be permitted in E-procurement system. However if bidder

intends to change the bid already entered may change / revise the same on or before the last date and time of

submission deadline. No bid can be submitted after the last date and time of submission has reached. The system

time (IST) that will be displayed on e-Procurement web page shall be the time and no other time shall be taken into

cognizance. Bidders are advised in their own interest to ensure that bids are uploaded in e-Procurement system well

before the closing date and time of bid. No bid can be modified after the dead line for submission of bids.

BPCL shall not be responsible in any way for failure on the part of the bidder to follow the instructions. Further BPCL

in any case will not be responsible for inability of the bidder in participating in the event due to ignorance, failure in

Internet connectivity or any other reason. It is advised that the bidder uploads small sized documents preferably (up

to 5 MB) at a time to facilitate in easy uploading into e-Procurement site. BPCL does not take any responsibility in case

of failure of the bidder to upload the documents within specified time of tender submission.

Bidders are required to Login with their User ID & Password (along with Digital Certificate) on e-tendering site

(https://bpcleproc.in), then click on “Dashboard”, click on “Action” button against required Tender, If the required

tender number/ details are not available in the first displayed page, then they can click on “more” button, for

proceeding to next page(s). They will get “Download files” as well as “Tender Common Forms” on the same page. For

participating in tender and for download Tender Documents, click on “Participate”. In the same menu, one can upload

the scanned, signed stamped documents in “Edit Bid Common Forms”.

For downloading Java, please click on “Download JRE 6” on login page or more details about Bidding steps. Also, “New

User Instruction Manual” from log in page can be referred.

Bidders are required to save / store their bid documents for each item into their computers before submitting their

bid into e-tender.

2.0 CONTACT PERSONS:-

CRFQ NO. 1000458784 E-TRNDER NO. -

FOR E-TENDERING RELATED ISSUES:

If tenderers need some clarifications or are experiencing difficulties while enrolling or while participating in this e-

Tender, please E-Mail to the following E-Mail ID along with the snapshots of the errors being faced to:

For system related queries: (our e-tendering service provider –) Contact: Mr. Pankaj Pal, [email protected]

Email - [email protected]

(OR) Contact the following helpdesk numbers: All India +91-9560975377

CRFQ NO. 1000458784 E-TRNDER NO. -

TECHNICAL DEVIATION FORM

Name of vendor:

Schedule of Deviations in reference to BPCL SPECIFICATIONS

1. Vendor may give here a consolidated list of technical deviations for all sections of the SPECIFICATIONS, which

for an appropriate offer is considered unavoidable by him.

2. Deviations mentioned elsewhere in the offer shall not be taken cognizance by the COMPANY and any such

deviations if indicated elsewhere other than this form will render the offer non-responsive and shall liable to

3. Vendor shall state the reasons for the deviations in the `Remark' column.

4. All other clauses of the SPECIFICATIONS (not mentioned in this form) shall be deemed to be fully complied by

5. Only the deviations listed herein, in conjunction with the SPECIFICATIONS, shall constitute the contract

requirements for the award of job to the vendor.

6. BPCL reserves the right to reject the offer based on the deviations.

Sr. Page Clause No. Requirement of the Deviations to the Remarks

No. No. SPECIFICATIONS SPECIFICATIONS

Signature of the authorized signatory :

Name of the authorized signatory :

CRFQ NO. 1000458784 E-TRNDER NO. -

COMMERCIAL DEVIATION FORM

Name of vendor:

Schedule of Deviations in reference to COMMERCIAL TERMS AND CONDITIONS

1. Vendor may give here a consolidated list of Commercial deviations for all sections of the tender document,

which for an appropriate offer is considered unavoidable by him.

2. Deviations mentioned elsewhere in the offer shall not be taken cognizance by the COMPANY and any such

deviations if indicated elsewhere other than this form will render the offer non-responsive and shall liable to

3. Vendor shall state the reasons for the deviations in the `Remark' column.

4. All other clauses of the COMMERCIAL TERMS AND CONDITIONS (not mentioned in this form) shall be

deemed to be fully complied by the PCMS vendor

5. Only the deviations listed herein, in conjunction with the COMMERCIAL TERMS AND CONDITIONS, shall

constitute the contract requirements for the award of job to the vendor.

6. BPCL reserves the right to reject the offer based on the deviations.

Sr. Page Clause No. Commercial terms and Deviations Remarks

No. No. conditions

Signature of the authorized signatory :

Name of the authorized signatory :

CRFQ NO. 1000458784 E-TRNDER NO. -

(FORMAT FOR TAXES AND DUTIES FOR INDIAN AND NON-INDIAN BIDDERS

FORMAT FOR PROVIDING FREIGHT TAXES, DUTIES ETC

FOR LOCAL SUPPLY (INDIAN BIDDERS)

Vendor shall provide % rates against each item in response column. If any of the conditions are not applicable

vendor to specify Nil/NA

No Commercial conditions description Vendor's Action Vendor's response

Freight (as a percentage of Basic Vendor to specify

Vendor to specify

Vendor to specify

Vendor to specify

Vendor to specify

Vendor to specify

Invoicing / Billing Location (State)

Vendor to specify

CRFQ NO. 1000458784 E-TRNDER NO. -

FORMAT FOR PROVIDING FREIGHT TAXES, DUTIES ETC

FOR IMPORT SUPPLY (NON-INDIAN BIDDERS)

Vendor shall provide % rates against each item in response column. If any of the conditions are not applicable

vendor to specify Nil/NA

No Commercial conditions description Vendor's Action Vendor's response

FOB Charges (% on Ex-Works price) Vendor to specify

Ocean Freight Charges (% on Ex- Vendor to specify

(Please note the seaport of exit-

Port handling charges (%) Shall be suitably loaded as per Guidelines

Custom clearance charges (%) Shall be suitably loaded as per Guidelines

Inland transportation to site (%) Shall be suitably loaded as per Guidelines

Any other charges/Taxes/Customs Shall be suitably loaded as per Guidelines

duties / GST (%)

CRFQ NO. 1000458784 E-TRNDER NO. -

FORMAT FOR PROVIDING FREIGHT TAXES, DUTIES ETC

FOR INSTALLATION & COMMISSIONING, TRAINING AND AMC CHARGES

Vendor shall provide % rates against each item in response column. If any of the conditions are not applicable

vendor to specify Nil/NA

No Commercial conditions description Vendor's Action Vendor's response

Vendor to specify

Vendor to specify

Vendor to specify

Vendor to specify

Vendor to specify

Invoicing / Billing Location (State)

Vendor to specify

1. Indian bidders are required to indicate GST (in percentage) which will be applicable on AMC charges.

2. Non-Indian bidders: GST is payable by BPCL directly to the tax authorities.

3. TDS (Tax Deducted at Source) :

a. Indian Bidders: TDS shall be deducted from the invoice value by BPCL and necessary certificate shall

be issued by BPCL.

b. Non-Indian Bidders: Withholding tax shall be deducted from the invoice value by BPCL and

necessary certificate shall be issued by BPCL.

4. If GST rate, SAC Code and Invoicing Location are different/more than one, kindly provide further details.

CRFQ NO. 1000458784 E-TRNDER NO. -

FORMAT FOR CA CERTIFICATION

CERTIFICATE CONFIRMING ELIGIBILTY FOR BENEFITS OF PUBLIC PROCUREMENT POLICY AS PER MSMED ACT

This is to confirm that we have verified the investment limits, turnover and other details of M/s and certify

that they satisfy the eligibility criteria as per MSMED Act, 2006 and other notifications/circulars/amendments issued

time to time in this regard. Accordingly, M/s is a Micro/Small enterprise (kindly tick in appropriate box) under

the said Act and are eligible to claim the benefits of public procurement policy as per MSMED Act 2006 and Public

Procurement Policy Order 2012 and their revisions for the tender mentioned above.

Micro enterprise -

Small enterprise -

In case applicable:

Based on our verification of share holding pattern and other details, it is certified that M/s meets the

eligibility criteria under SC/ST provision of Public Procurement Policy Order 2012 and other notifications/circulars

issued time to time in this regard and are hence eligible to claim benefits pertaining to SC/ST under the Public

Procurement Policy Order 2012 and its revision.

In case applicable:

Based on our verification of share holding pattern and other details, it is certified that M/s meets the

eligibility criteria under Women Entrepreneur provision of Public Procurement Policy Order 2012 and other

notifications/circulars issued time to time in this regard and are hence eligible to claim benefits pertaining to Women

Entrepreneur under the Public Procurement Policy Order 2012 and its revision.

Sign/ Seal of CA

CRFQ NO. 1000458784 E-TRNDER NO. -

FORMAT FOR LAND BORDER DECLARATION

Undertaking with respect to Compliance of Restrictions for Countries with shared land border with India- As

stipulated by Govt. of India

TITLE OF TENDER:

Bharat Petroleum Corporation Ltd

CRDC, PLOT 2A, UDYOG KENDRA,

SURAJPUR, GR. NOIDA 201306 U.P.

Dear Sir/Madam,

In line with the guidelines issued for compliance of Restrictions for Countries which share land border with India – as

issued by Govt. of India in July’2020,

I/We have read the clause regarding restrictions on procurements from a bidder of a country which shares a land

border with India and on sub-contracting to contractors from such countries.

a. I/ We certify that this bidder is not from such a country or if from such a country has been registered with

the competent authority. I hereby certify that this bidder fulfils all requirements in this regard and is

eligible to be considered*.

b. I/ We certify that this bidder is not from such a country or if from such a country has been registered with

the competent authority and will not sub-contract any work to a contractor from such countries unless

such contractor is registered with the competent authority. I hereby certify that this bidder fulfils all

requirements in this regard and is eligible to be considered*. (Applicable for works involving possibility of

sub-contracting)

I/ We hereby certify that we fulfil all requirements in this regard and are eligible to be considered.

[* WHERE applicable, evidence of a valid registration by the Competent Authority shall be attached]

Name and Signature of the Authorised Signatory

CRFQ NO. 1000458784 E-TRNDER NO. -

FORMAT FOR BIDDER’S INFORMATION

Name of the Bidder

Type of Organization:

Government Dept. / Public Sector Undertaking / Public

Limited Company / Private Limited Company / Partnership /

Proprietorship / Others (Pl. specify)

Location of Registered Office , in the case of Company

Place and Year of the Incorporation

Person Authorized to sign the bid document

Does bidder has permanent establishment in India. If yes,

please provide the address.

Indian PAN No. (if available)

In case of Foreign ,Tax Residency CERTIFICATE

GST Registration number

Whether the bidder falls under the category of Micro & Small

Enterprises (MSE) as per the MSME Policy of Govt. of India. If

YES, whether proof for the same enclosed with the bid?

Indicate relationship with any of our Directors.

SIGNATURE OF BIDDER :

STAMP OF THE BIDDER :

CRFQ NO. 1000458784 E-TRNDER NO. -

CRDC HSSE Policy

CRFQ NO. 1000458784 E-TRNDER NO. -

CRFQ NO. 1000458784 E-TRNDER NO. -

VENDOR ADVISORY – ENVIRONMENTAL

CRFQ NO. 1000458784 E-TRNDER NO. -

GENERAL PURCHASE CONDITIONS

CRFQ NO. 1000458784 E-TRNDER NO. -

General Purchase Conditions Date: 10.11.2025

The following conditions shall be applicable for all Non Hydrocarbon procurement unless specifically

mentioned in the Special Purchase Conditions.

2. REFERENCE FOR DOCUMENTATION

3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

4. LANGUAGE OF BID

6. TAXES AND DUTIES

9. INDIAN AGENT COMMISSION

10. ORDER AWARD / EVALUATION CRITERIA

11. CONFIRMATION OF ORDER

12. PAYMENT TERMS

13. GUARANTEE/WARRANTY

14. PERFORMANCE BANK GUARANTEE / INSURANCE SURETY BOND

15. PACKING & MARKING

17. UNLOADING AND STACKING

18. TRANSIT INSURANCE

19. VALIDITY OF OFFER

20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE

21. RISK PURCHASE CLAUSE

22. FORCE MAJEURE CLAUSE

23. DISPUTE RESOLUTION

24. INTEGRITY PACT (IP)

25. RECOVERY OF SUMS DUE

26. CONFIDENTIALITY OF TECHNICAL INFORMATION

27. PATENTS & ROYALTIES

28. LIABILITY CLAUSE

29. LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

30. COMPLIANCE OF REGULATIONS

31. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT

33. NEW & UNUSED MATERIAL

34. PURCHASE PREFERENCE CLAUSE

35. CANCELLATION

36. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION

38. GOVERNING LAW

41. POLICY ON HOLIDAY LISTING

42. ORDER OF PRECEDENCE FOR PURCHASES

43. TERMINATION FOR CONVENIENCE

44. BUILDING AND OTHER CONSTRUCTION WORKERS CESS

CRFQ NO. 1000458784 E-TRNDER NO. -

GENERAL PURCHASE CONDITIONS

1. DEFINITIONS:

The following expressions used in these terms and conditions and in the purchase order

shall have the meaning indicated against each of these:

1.1. OWNER: Owner means Bharat Petroleum Corporation Limited (a Government of India enterprise), a

Company incorporated in India having its registered office at Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard

Estate, Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form).

1.2. VENDOR: Vendor means the person, firm or the Company/ Corporation to whom this Request for quotation

(RFQ)/purchase order is issued and shall include its successors and assigns.

1.3. INSPECTOR: Person/ agency deputed by BPCL for carrying out inspection, checking/testing of items

ordered and for certifying the items conforming to the purchase order specifications..

1.4. GOODS/ MATERIALS: means any of the articles, materials, machinery, equipments, supplies, drawing,

data and other property and all services including but not limited to design, delivery, installation, inspection,

testing and commissioning specified or required to complete the order.

1.5. SITE/ LOCATION: means any Site where BHARAT PETROLEUM CORPORATION LIMITED desires

to receive materials any where in India as mentioned in RFQ.

1.6. “RATE CONTRACT” means the agreement for supply of goods/ materials between Owner and Vendor,

for a fixed period of time (i.e till validity of Rate Contract, with no commitment of contractual quantity) on

mutually agreed terms and conditions. The actual supply of goods/ materials shall take place only on issue of

separate purchase orders for required quantity as and when required by Owner.

2. REFERENCE FOR DOCUMENTATION:

2.1. The number and date of Collective Request for Quotation (CRFQ) must appear on all correspondence before

finalization of Rate Contract / Purchase Order.

2.2. After finalization of Contract / Purchase Order: The number and date of Rate Contract/ Purchase Order must

appear on all correspondence, drawings, invoices, dispatch advices, (including shipping documents if

applicable) packing list and on any documents or papers connected with this order.

2.3. In the case of imports, the relevant particulars of the import Licence shall be duly indicated in the invoice and

shipping documents as well as on the packages or consignments.

3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER:

The right to accept the tender will rest with the Owner.

The Bid and all supporting documentation and all correspondence whatsoever exchanged

by Vendor and Owner, shall be in English language only. In case any of the supporting

documents (either technical or financial) are not in English language, then the English

translation copy of the same shall also be furnished duly certified, stamped and signed by

local Chamber of Commerce of bidder’s country or Indian embassy in bidder’s country or

their embassy in India.

Unless otherwise agreed to the terms of the RFQ, price shall be:

Firm and no escalation will be entertained on any ground, except on the ground of statutory

levies applicable on the tendered items.

6. TAXES AND DUTIES:

CRFQ NO. 1000458784 E-TRNDER NO. -

All vendors shall have GST registration in the concerned State as applicable and vendor

shall quote their GSTIN number in the quotation wherever required.

6.1.1. GST extra as applicable at the time of delivery within scheduled delivery period will be payable by BPCL

against documentary evidence. Vendor shall mention in their offer, the percentage of GST applicable at

present. Any upward variation in GST rates, beyond the contractual delivery period, shall be to vendor’s

6.1.2. In case GST is not applicable at present: In case GST gets levied due to change in turnover of

Vendor/Supplier, shall be borne by the vendor/supplier. If GST becomes applicable due to change in the law

in future, the same will be borne by vendor subject to 6.1.1. In case of change in stand of vendor/supplier

about applicable rate of GST towards higher side, the same will not be payable.

6.1.3. Owner shall take Input Tax Credit of the GST paid on the material supplied for both GST and cess component

as applicable and accordingly GST / Cess should be quoted separately wherever applicable.

Vendor shall ask the transporter of the goods to hand over the copy of GST invoice

(transporter’s copy) at the time of delivery of goods at owner’s site.

6.1.4 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.

Deferment of GST Amounts shall be done for those vendors who have got instances of open

mismatches due to non-compliance. Open mismatches refer to cases whereby OWNER

could not claim the GST Input Tax Credit in the month of payment of invoice due to non-

compliance/ delayed compliance by the VENDOR. Accordingly, Over and above any

payment term mentioned in the tender including that mentioned in the GPC/GCC, payment

to VENDOR by OWNER for the basic amount (i.e. amount excluding GST) shall be made

as mentioned in GPC/GCC or as mentioned anywhere else in the tender as applicable.

However, GST amount of the Invoices shall be paid only after the amount gets reflected in

the return (GSTR-1 Return of outward supplies/GSTR- 3B) submitted by the vendor on

GSTIN portal (GSTR 2B of OWNER) to the satisfaction of OWNER. Till such time GST

amount with correct details is reflected in GSTIN portal to satisfaction of OWNER, amount

shall be withheld by OWNER.

Over and above, VENDOR is also required to issue e-invoice if the same is applicable to

the OWNER. In absence of GST e-invoice, any loss of Input Tax Credit to the OWNER

shall be indemnified by the VENDOR.

Deferment of GST amounts to the vendors are subject to compliance of any applicable Act.

6.1.5 In case of vendors for whom deferment of GST amounts were not done, 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

CRFQ NO. 1000458784 E-TRNDER NO. -

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.

6.1.6 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.

6.2.1 Freight: Firm freight charges to be quoted as indicated in the Tender documents. Freight shall be payable

after receipt of the Material(s) at the site, unless otherwise specified.

6.3. NEW STATUTORY LEVIES: All new statutory levies leviable on sale of finished

goods to owner, if applicable are payable extra by BPCL against documentary proof,

within the contractual delivery period.

6.4 VARIATION IN TAXES/ DUTIES: Any increase/decrease in all the above mentioned statutory levies on

the date of delivery during the scheduled delivery period on finished materials will be on BPCL's account.

Any upward variation in statutory levies after contractual delivery date shall be to vendor’s account.

6.5 INCOME TAX (WITHHOLDING TAX): In the case of availment of services from Non Resident Vendors

who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with

the Government of the other country (i.e. the country of the Vendor), such Non Resident Vendors are required

to provide the Tax Residency Certificates at the time of submission of Bid documents. The Tax Residency

Certificates shall contain the following details:

a) Name of Vendor (assessee);

b) Status (Individual, Company, firm etc.) of assessee;

c) Nationality (in case of individual);

d) Country or specified territory of incorporation or registration (in case of others);

e) Assessee’s tax identification number in the country or specified territory of residence or in case no such

number, then, a unique number on the basis of which the person is identified by the Government of the

country or the specified territory;

f) Residential status for the purpose of tax;

g) Period for which the certificate is applicable; and

h) Address of the applicant for the period for which the certificate is applicable.

The Tax Residency Certificate shall be duly verified by the Government of the Country or

the specified territory of the assessee of which the assessee claims to be a resident for the

purposes of tax.

7.1. Materials shall be inspected by BPCL approved third party inspection agency if applicable before dispatch

of materials. However, arranging and providing inspection facilities is entirely vendor’s responsibility and in

no way shall affect the delivery schedule.

CRFQ NO. 1000458784 E-TRNDER NO. -

7.2 Scope of Inspection shall be as per RFQ or as specified in the Special Purchase Conditions.

Materials shall be inspected as per scope of inspection by TPIAs which are registered

under “NABCB accredited bodies as per requirement of ISO/IEC 17020 as Type A” in

QCI’s NABCB website as on the date of Inspection of Goods. The link is as below:

http://nabcb.qci.org.in/accreditation/reg_bod_inspection_bodies.php

7.3. Unless otherwise specified, the inspection shall be carried out as per the relevant standards/ scope of

inspection provided along with the Tender Enquiry/Purchase Order.

7.4. BPCL may, at its own expense, have its representative(s) witness any test or inspection. In order to enable

BPCL’s representative(s) to witness the tests/ inspections, BPCL will advise the Vendor in advance whether

it intends to have its representative(s) be present at any of the inspections.

7.5. Even if the inspection and tests are fully carried out, the Vendor shall not be absolved from its

responsibilities to ensure that the Material(s), raw materials, components and other inputs are supplied strictly

to conform and comply with all the requirements of the Contract at all stages, whether during manufacture

and fabrication, or at the time of Delivery as on arrival at site and after its erection or start up or consumption,

and during the defect liability period. The inspections and tests are merely intended to prima-facie satisfy

BPCL that the Material(s) and the parts and components comply with the requirements of the Contract. The

Vendor’s responsibility shall also not be anywise reduced or discharged because BPCL or BPCL’s

representative(s) or Inspector(s) shall have examined, commented on the Vendor’s drawings or specifications

or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or

approved or certified any Material(s).

7.6. Although material approved by the Inspector(s), if on testing and inspection after receipt of the Material(s) at

the location, any Material(s) are found not to be in strict conformity with the contractual requirements or

specifications, BPCL shall have the right to reject the same and hold the Vendor liable for non- performance

of the Contract.

8.1 SEA SHIPMENT: All shipment of materials shall be made by first class direct vessels as per procedure

detailed hereunder. The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper

storage of the entire Cargo intended for the project in a specific manner so as to facilitate and to avoid any

over carriage at the port of discharge. All shipment shall be under deck unless carriage on deck is unavoidable.

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

All columns in the body of the Bill of Lading namely marks and nos., material description,

weight particulars etc., should be uniform and accurate and such statements should be

uniform in all the shipping documents. The freight particulars should mention the basis of

freight tonnage, heavy lift charges, if any, surcharge, discount etc. clearly and separately.

The net total freight payable shall be shown at the bottom.

SHIPPING DOCUMENTS: All documents viz. Bill of Lading, invoices, packing list,

freight memos, country of origin certificates, test certificate, drawings and catalogues

should be in English language.

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required, invoices, packing list, freight memos, (if the freight particulars are

CRFQ NO. 1000458784 E-TRNDER NO. -

not shown in the bills of lading), country of origin certificate, test/ composition certificate,

shall be made out against each shipment in as many number of copies as shown below.

The bill of lading, invoice and packing list specifically shall show uniformly the mark and

numbers, contents case wise, country of origin, consignees name, port of destination and

all other particulars as indicated under clause 2. The invoice shall show the unit rates and

net total F.O.B. prices. Items packed separately should also be invoiced and the value

shown accordingly. Packing list must show apart from other particulars actual contents in

each case, net and gross weights and dimensions, and the total number of packages. All

documents should be duly signed by the Vendor’s authorised representatives.

In the case of FOB orders, shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport, New Delhi through their respective forwarding agents.

The names and addresses of forwarding agents shall be as per Special Purchase Conditions.

Supplier shall furnish to the respective agents the full details of consignments such as

outside dimension, weights (both gross and net) No of packages, technical description and

drawings, name of supplier, ports of loading, etc. 6-weeks notice shall be given by the

supplier to enable the concerned agency to arrange shipping space.

The bill of lading shall indicate the following:

Shipper: Vendor’s Name

Consignee: Bharat Petroleum Corporation Limited

In case of supplies from USA, Export Licences, if any required from the American

Authorities shall be obtained by the U.S. Suppliers. If need be assistance for obtaining such

export licences would be available from India Supply Mission at Washington.

8.2 AIRSHIPMENT: In case of Airshipment, the materials shall be shipped through freight consolidator

(approved by us). The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION

TRANSMISSION OF SHIPPING DOCUMENTS for both modes of shipment viz. Sea

and/or Air:Foreign Supplier shall obtain the shipping documents in seven complete sets

including three original stamped copies of the Bill of Lading / Airway bill as quickly as

possible after the shipment is made, and airmail/send scanned copies by e-mail as shown

below so that they are received at least three weeks before the Vessels arrival or

immediately in case of Air shipment. Foreign Supplier shall be fully responsible or any

delay and/ or demurrage in clearance of the consignment at the port due to delay in

transmittal of the shipping documents.

If in terms of letter or otherwise, the complete original set of documents are required to be

sent to BPCL through Bank the distribution indicated below will confine to copies of

documents only minus originals.

CRFQ NO. 1000458784 E-TRNDER NO. -

Bill of Lading/Airway Bill 4 (including 1 original)

Country of Origin Certificate

Third party inspection certificate

Invoice of Third Party

for inspection charges whenever applicable.

9. INDIAN AGENT COMMISSION:

Any offer through Indian agents will be considered only after authorization mentioning

them as Indian agents, is received from Vendor. Indian agents commission if applicable

will be payable only in Indian currency. Indian agents should be registered with Directorate

General of Supplies and Disposals, Government of India and agency commission will be

payable only after registration with DGS&D, New Delhi.

10. ORDER AWARD/ EVALUATION CRITERIA:

Unless otherwise specified, Order award criteria will be on lowest quote landed price basis.

Landed price will be summation of Basic Price, Packing & Forwarding Charges, GST,

Freight, Inspection Charges, Supervision of Installation & Commissioning and other taxes

& levies, loading etc., if any, reduced by Input tax Credits as applicable.

11. CONFIRMATION OF ORDER:

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing

the same. The vendor shall sign, stamp the acknowledgement copy of the purchase order

and return the same to BPCL.

11.1. Unless otherwise specified, 100% payment shall be made within 30 days from date of receipt and acceptance

of materials at Site against submission of Performance Bank Guarantee (PBG) / Insurance Surety Bond for 5%

of basic order value if PBG is applicable for the tender. The eligible MSME bidders can avail Bill discounting

facility as follows.

11.2. In the case of imports, payment will be made on submission of original documents directly to Owner

(Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of

11.3. Unless otherwise mentioned, the specified documents (All documents listed below (one original and two

copies) should be submitted to originator of P.O. (the name and contact details of whom are given in PO)

and payments for despatches will be made by the originator of Purchase Order :

c) The Lorry Receipt of the consignment

d) Packing list for the consignment

e) Third Party Inspector’s Certificate covering the invoiced Material(s)/ Release Note, wherever

f) Manufacturers Test/Composition Certificate, wherever applicable

CRFQ NO. 1000458784 E-TRNDER NO. -

g) Drawing(s)/Catalogue(s) covering the Material(s), wherever applicable

h) Guarantee/Warranty Certificate(s), wherever applicable.

i) Original Receipt for other statutory levies as applicable.

j) Performance Bank Guarantee / Insurance Surety Bond as applicable.

11.4. The eligible MSME bidders can avail the discounting facility as follows: -

Trade Receivables Discounting System (TReDS) is an institutional mechanism set up in

order to facilitate discounting of trade receivables of MSMEs from corporate buyers

through invoice discounting by multiple financiers. Bharat Petroleum Corporation Limited

(BPCL) is registered with TReDS platform of the aggregators M/s. Receivables Exchange

of India Ltd (RXIL), M/s Invoice mart, M/s. M1 xchange, M/s C2treds and M/s DTX. The

eligible MSME bidders can avail the discounting facility by registering either in one or

multiple TReDS platform of the aggregators. It enables the sellers (MSMEs) to discount

their invoices through the aggregators to the financiers at competitive rates thus unlocking

their working capital swiftly.

12. GUARANTEE/ WARRANTY:

12.1. Materials shall be guaranteed against manufacturing defects, materials, workmanship and design for a period

of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier.

Warranty for replacement of material / accessories should be provided free of charges at our premises. The

above guarantee/warranty will be without prejudice to the certificate of inspection or material receipt note

issued by us in respect of the materials. 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.

12.2. All the materials including components and sub contracted items should be guaranteed by the vendor within

the warranty period mentioned above. In the event of any defect in the material, the vendor will replace /

repair the material at BPCL’s concerned location at vendor’s risk and cost on due notice.

12.3. In case, vendor does not replace / repair the material on due notice, rejected material will be sent to the

vendor on “Freight to pay” basis for free replacement. Material after rectification of defects shall be

dispatched by the vendor on “Freight Paid” basis. Alternatively, BPCL reserves the right to have the material

repaired / replaced at the locations concerned, at the vendor’s risk, cost and responsibility.

12.4. The Vendor shall provide similar warrantee on the parts, components, fittings, accessories etc. so repaired

and / or replaced.

13. PERFORMANCE BANK GUARANTEES / INSURANCE SURETY BOND:

13.1. Vendor will have to provide Performance Bank Guarantee / Insurance Surety Bond for 5% of the basic value

of purchase order unless otherwise specified. This bank guarantee / Insurance Surety Bond shall be valid

(shall remain in force) for guarantee period (as mentioned in the guarantee clause), with an invocation period

of six months thereafter. In the case of Indigenous vendors, the Performance Bank Guarantee / Insurance

Surety Bond shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100). PBG format

is as per Annexure-I / Annexure – II as applicable.

CRFQ NO. 1000458784 E-TRNDER NO. -

In case, PBG / Insurance Surety Bond is not provided by the Vendor, 5% of the basic value

shall be retained in lieu of PBG / Insurance Surety Bond, till the expiry of guarantee / bond

and claim period. In the case of imports, the Supplier shall furnish the Performance Bank

Guarantee (as per Annexure-I) through the following:

(a) Branches of Indian scheduled banks operating in their Country.

(b) Foreign bank operating in their Country which is counter guaranteed by branches of Indian scheduled

banks operating in their Country/ India.

(c) Indian branches of foreign banks.

(d) Foreign bank operating in their Country counter guaranteed by their Indian branch.

However, in respect of (c) and (d) above, the Indian branch of foreign banks should be

recognized as scheduled bank by Reserve Bank of India.

13.2. If Vendor wants to submit the PBG / Insurance Surety Bond at Contract level to avoid multiple number of

PBG / Insurance Surety Bond (i.e. PBG / Insurance Surety Bond issued against every purchase/ call off order)

then the validity of PBG / Insurance Surety Bond will be calculated as mentioned below:

Validity of PBG / Insurance Surety Bond = Rate Contract Issue Date (Start Date of Rate

Contract) + Rate Contract Period (validity of Rate Contract) + Contractual Delivery Period

of material + Contractual Guarantee period + 6 month (for invocation / Claim).

14.3 Process for submitting Bank Guarantee / PBG under SFMS (Structured Financial Messaging System) mode

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

Vendors 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. Vendor should ensure the following for issue of E- bank guarantee:

a. The issuing bank is on SFMS platform

b. SFMS Message type used is 760 COV and SFMS Delivery report/ Message copy is sent along with original

c. For BG amendment, message type 767COV is to be used.

d. SFMS contains following details:

i. Beneficiary's bank name: ICICI Bank

ii. IFSC Code: ICIC0000393

iii BPCL'S Customer ID: 8PCL583493800 BG Issuing Bank should send the BG Issuance

advice through SFMS to BPCL's designated Banker: ICICI Bank, Backbay Branch,

Mumbai (IFSC: ICIC0000393).

e. BG Issuance advice should mention applicable Unique Identifier Code (UIC) in row/ field number

of SFMS Delivery Report.

a. BPCL Location : Kharghar , Navi Mumbai

b. Head office : Ballard Estate

c. UIC : BPCL583493800

f. The Original BG should be submitted along with print out of SFMS Delivery report from the BG Issuing

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

14. PACKING & MARKING:

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15.1.1 Packing shall withstand the hazards normally encountered with the means of transport for the goods of this

purchase order including loading and unloading operation both by crane and by pushing off.

In the case of imports, all equipments/ materials shall be suitably packed in weather proof,

seaworthy/airworthy packing for ocean/air transport under tropical conditions and for rail

or road or other appropriate transport in India. The packing shall be strong and efficient

enough to ensure safe preservice

upto the final point of destination.

Raw/Solid wood packaging material of imported items has to be appropriately treated &

marked as per International Standard of Phytosanitary Measures (ISPM-15") for material

originating from the contracting countries to the International Plant Protection Convention

or the members of Food & Agriculture Organization. Material from non-contracting parties

would have to be accompanied by a phytosanitary certificate of the treatment endorsed.

The Custom Officer at Indian Port shall not release the material without appropriate

compliance of the above provisions w.e.f. 01.11.2004.

15.1.2 The packing specification incorporated herein are supplementary to the internal and external packing methods

and standards as per current general rules of J.R.A. Good Tariff Part-I. All packaging shall be done in such a

manner as to reduce volume as much as possible.

15.1.3 Fragile articles should be packed with special packing materials depending on the type of Materials and the

packing shall bear the words "HANDLE WITH CARE GLASS FRAGILE, DON'T ROLL THIS END UP.

THIS END DOWN," to be indicated by arrow.

15.1.4 Chemicals in powder form, catalyst, refractories and like materials etc. shall be packed in drums, cans and

tins only. However, Catalyst may be supplied in Jumbo bags.

15.1.5 The hazardous materials shall be packed in accordance with the applicable rules, regulations and tariff of all

cognizant Government Authorities and other Governing bodies. It shall be the responsibility of the seller of

hazardous materials to designate the material as hazardous and to identify each material by its proper

commodity name and its hazardous material class code.

15.1.6 All packages requiring handling by crane should have sufficient space at appropriate place to put sling of

suitable dia (strength). Iron/Steel angle should be provided at the place where sling marking are made to

avoid damage to package/ equipment while lifting.

15.1.7 Item shipped in bundles must be securely tied with steel wire or strapping. Steel reinforcing rods, bars, pipes,

structural members etc. shall be bundled in uniform lengths and the weight shall be within the breaking

strength of the securing wire or strapping.

In the case of imports, for bundles the shipping marks shall be embossed on metal or similar

tag and wired securely on each end. All delicate surfaces on equipment/ materials should

be carefully protected and printed with protective paint/compound and wrapped to prevent

rusting and damage.

15.1.8 All mechanical and electrical equipment and other heavy articles shall be securely fastened to the case bottom

and shall be blocked and braced to avoid any displacement/ shifting during transit.

15.1.9 Attachments and spare parts of equipment and all small pieces shall be packed separately in wooden cases

with adequate protection inside the case and wherever possible should be sent along with the main equipment.

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Each item shall be suitably tagged with identification of main equipment, item denomination and reference

number of respective assembly drawing. Each item of steel structure and furnaces shall be identified with

two erection markings with minimum lettering height of 15mm. Such markings will be followed by the

collection numbers in indelible ink/paint. A copy of the packing list shall accompany the materials in each

15.1.10 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted wooden disc on

the flanges. All nozzles, holes and openings and also all delicate surfaces shall be carefully protected against

damage and bad weather. All manufactured surfaces shall be painted with rust proof paint.

In the case of imports, for bulk uniform material when packed in several cases, progressive

serial numbers shall be indicated on each case.

15.1.11 Wherever required, equipment/ materials instruments shall be enveloped in polythene bags containing

silicagel or similar dehydrating compound.

15.1.12 Pipes shall be packed as under:

(a) Upto 50mm NB in wooden cases/ crates.

(b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum three places.

(c) Above 100mm NB in loose.

15.1.13 Pipes and tubes of stainless steel, copper etc. shall be packed in wooden cases irrespective of their sizes.

15.1.14 Pipes with threaded or flanged ends shall be protected with suitable caps covers, before packing. In the case

of imports, all pipes and sheets shall be marked with strips bearing progressive no.

15.1.15 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipment/materials. One copy of the detailed packing list shall be fastened outside of the package in

waterproof envelope and covered by metal cover.

15.1.16 The supplier shall be held liable for all damages or breakages to the goods due to the defective or insufficient

packing as well as for corrosion due to insufficient protection.

15.1.17 Packaged equipment or materials showing damage defects or shortages resulting from improper packaging

materials or packing procedures or having concealed damages or shortages, at the time of unpacking shall be

to the supplier’s account.

All packages which require special handling and transport should have their Centres of

Gravity and the points at which they may be slung or gripped clearly indicated and marked

“ATTENTION SPECIAL LOAD HANDLE WITH CARE” both in English/ Hindi

In the case of imports, a distinct colour splash in say red black around each package crate/

bundle shall be given for identification.

15.1.18 Along with the packed material, supplier should attach material list, manuals/instructions and also the

Inspection certificate/ release note, wherever applicable.

MARKING: The following details to be written on the side face of packing:

a) Purchase Order Number

b) Consignee Name & Address

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d) Batch no with manufacturing date

e) Procedure (in brief) for handling

f) Date of dispatch etc.

g) Expiry Date, if applicable

15.2 IMPORTED ITEMS: On three sides of the packages, the following marks shall appear,

clearly visible, with indelible paint and on Vendor's care and expenses.

BHARAT PETROLEUM CORPORATION LIMITED

(With detailed address as given in Special Purchase

Conditions) From :

To : Bharat Petroleum Corporation Limited

With detailed address as given in Special Purchase Conditions)

Order No.: Rev. No.:

Equipment Nomenclature :

Net weight : Kgs.

Gross weight : Kgs.

Case No. : of Total cases:

Import License No. :

Marking shall be bold - minimum letter height 5 cm. For every order and every

shipment, packages must be marked with serial progressive numbering.

Top heavy containers shall be so marked either Top Heavy or Heavy Ends.

When packing material is clean and light coloured, a dark black stencil paint shall be

acceptable. However, where packaging material is soiled or dark, a coat of flat zinc white

paint shall be applied and allowed to dry before applying the specific markings.

In case of large equipments like vessels, heat exchangers, etc. the envelope containing the

documents shall be fastened inside a shell connection, with an identifying arrow sign

"documents" using indelible paint.

15.1. Unless otherwise mentioned, Vendor is requested to quote their best delivery schedule from the date of receipt

of Purchase order.

15.2. Time being the essence of this contract, the delivery mentioned in the purchase order shall be strictly adhered

to and no variation shall be permitted except with prior authorization in writing from the Owner. Goods

should be delivered, securely packed and in good order and condition, at the place of delivery and within the

time specified in the purchase order for their delivery. The contractual delivery period is inclusive of all the

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lead time for engineering/ procurement of raw material, the manufacturing, inspection / testing, packing,

transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the

required delivery point.

15.3. Unless otherwise specified, Material(s) shall not be dispatched without prior inspection and/or testing and

Release Order/Material(s) Acceptance Certificate issued by the Inspector(s).

15.4. BPCL shall have the right to advise any change in despatch point or destination in respect of any Material(s).

Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary

evidence, will be reimbursed to the Vendor by BPCL.

16. UNLOADING AND STACKING:

Unloading and stacking will be arranged by BPCL. The Vendor shall send BPCL information of

the proposed consignment well in advance by telegram/fax/e-mail/courier to enable BPCL to

take necessary action.

17. TRANSIT INSURANCE:

Unless otherwise mentioned,

17.1. Transit Insurance shall be covered by BPCL against its Mega Package Policy only where risk/reward has been

transferred to BPCL.

18.2 In the case of imports, insurance against all marine and transit risk shall be covered under the

Owner's marine policy. However, the Vendor shall ensure that in effecting shipments clear

bill of lading/airway bill are obtained and the carrier's responsibility is fully retained on the

Carriers so that the consignee's interests are fully secured and are in no way jeopardized.

18.3. The Vendor shall send BPCL information of the proposed consignment well in advance by fax/e- mail/courier

to enable BPCL to take necessary action for the transit insurance of the consignment. Any failure by the

Vendor to do so shall place the consignment at the Vendor’s risk.

18.4. In the case of imports, as soon as any shipment is made, the Foreign Supplier shall send advance information

by way of e-mail to Bharat Petroleum Corporation Limited, (with detailed address as given in Special

Purchase Conditions and/or purchase order) giving particulars of the shipments, vessels name, port of

shipment, bill of lading number and date, total FOB and freight value.

19 VALIDITY OF OFFER:

The rates quoted against this tender shall be valid for a period of 90 Days from the date of

opening of the tender unless otherwise specified in the Special Purchase Conditions.

20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE:

20.1. The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered to on the clear

understanding that the Price(s) of the Material(s) has/have been fixed with reference to the said Delivery

20.2. If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them beyond the

stipulated date(s) of Delivery, the Vendor shall forthwith inform BPCL in writing of such anticipated delay

and of the steps being taken by the Vendor to remove or reduce the anticipated delay, and shall promptly

keep BPCL informed of all subsequent developments.

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20.3. The delivery period quoted must be realistic & specific. The inability of successful Vendors to execute orders

in accordance with the agreed delivery schedule will entitle BPCL, at its options, to: Accept delayed delivery

at prices reduced by a sum equivalent to half percent (0.5%) of the basic value of any goods not delivered

for every week of delay or part thereof, limited to a maximum of 5% of the total basic order value. LR date

will be considered as delivery completion date for calculation of price reduction in the case of ex works

contract. Date of receipt of materials at owner’s premises shall be considered for calculation of price

reduction for F.O.R destination contract.

In the case of imports, the contractual delivery date shall be considered from the date of

Letter of Credit (L/C) or the date of L/C amendment because of Buyer’s fault plus one week

(to take care of transit time for receipt of L/C) plus the delivery schedule as indicated by

In case of the shipment taking place on “Cash against documents”, the contractual delivery

shall be taken from the date of purchase order plus one week (to take care of transit time for

receipt of order) plus delivery period.

Further the date of B/L or House airway bill shall be considered to find out the delay with

respect to contractual delivery date. In case of FOB shipments if the vessel is not available

then the intimation by vendors regarding readiness of the goods for the shipment shall be

considered for calculating the delay if any. So vendor shall inform the readiness of material

for shipment on FOB (Free on Board) basis/ FCA (Free on Carrier) basis.

20.3.1. Cancel the order in part or full and purchase such cancelled quantities from elsewhere on account at the risk

and cost of the vendor, without prejudice to its right under 20.3.1 above in respect of goods delivered.

21. 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 vendor's 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 procurement.

22. 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;

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(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

• Right of either party to terminate

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

hundred eighty days) or more in a continuous period of 365 (three hundred sixty five)

days after notice has been given under this clause, either Party may terminate the Contract

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

• Payment in case of termination due to Force Majeure

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

commencement of the relevant event of Force Majeure.

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

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

event of Force Majeure; and

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

extension for such cases will be worked out appropriately.

23. DISPUTE RESOLUTION:

23.1 In the event of a dispute arising out of or in connection with this contract, including any question

regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by

mediation in accordance with BPCL Mediation Scheme, 2025. The venue of mediation proceedings shall be

at (Region/HQ from where the tender has been floated). BPCL Mediation Scheme 2025 can

be accessed at https://www.bharatpetroleum.in/images/files/bpcl-mediation-scheme-2025.pdf

23.2 If the dispute is not settled by mediation in terms of BPCL Mediation Scheme, 2025, then the dispute

shall be referred for adjudication through a court of competent jurisdiction in India.

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23.3 The governing law of the contract shall be the substantive laws of India.

23.4 Neither party shall be entitled for any pre-filing interest, i.e., from the date of cause of action till the

date of filing of civil suit. Parties agree that any claim for any such interest shall not be considered and shall

be void. The Civil Court/Commercial Court shall have no right to grant any pre-filing interest to either of the

23.5 In the event of any dispute or difference relating to the interpretation and application of the provisions of

commercial contract(s) between Central Public Sector Enterprises (CPSEs)/Port Trusts inter se and also

between CPSEs and Government Departments/Organisations (excluding disputes relating to 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. 05/0003/2019-FTS-10937 dated 14th December,

2022 and the decision of AMRCD on the said dispute will be binding on both the parties.

(* The exclusion would also include disputes concerning GST, State level Sales Tax / VAT etc; though not

mentioned explicitly).

24. 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.

25. RECOVERY OF SUMS DUE:

Whenever, any claim against vendor for payment of a sum of money arises out of or under

the contract, the owner shall be entitled to recover such sums from any sum then due or

when at any time thereafter may become due from the vendor under this or any other

contract with the owner and should this sum be not sufficient to cover the recoverable

amount of claim(s), the vendor shall pay to BPCL on demand the balance remaining due.

26. CONFIDENTIALITY OF TECHNICAL INFORMATION:

Drawing, specifications and details shall be the property of the BPCL and shall be returned

by the Vendor on demand. The Vendor shall not make use of drawing and specifications for

any purpose at any time save and except for the purpose of BPCL. The Vendor shall not

disclose the technical information furnished to or organized by the Vendor under or by

virtue of or as a result of the implementation of the Purchase Order to any person, firm or

body or corporate authority and shall make all endeavors to ensure that the technical

information is kept CONFIDENTIAL. The technical information imparted and supplied to

the vendor by BPCL shall at all time remain the absolute property of BPCL. Imparting of

any confidential information by the Vendor will be breach of contract.

27. PATENTS & ROYALTIES:

The vendor shall fully indemnify BPCL and users of materials specified herein/supplied at

all times, against any action, claim or demand, costs and expenses, arising from or incurred

by reasons of any infringement or alleged infringement of any patent, registered design,

trademark or name, copy right or any other protected rights in respect of any materials

supplied or any arrangement, system or method of using, fixing or working used by the

vendor. In the event of any claim or demand being made or action sought against BPCL in

respect of any of the aforesaid matter, the vendor shall be notified thereof immediately and

the vendor shall at his/its own expense with (if necessary) the assistance of BPCL (whose

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all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement

of the same and/or litigation which may arise thereof.

28. LIABILITY CLAUSE:

In case where it is necessary for employees or representatives of the Vendor to go upon the

premises of owner, vendor agrees to assume the responsibility for the proper conduct of

such employees/representatives while on said premises and to comply with all applicable

Workmen's Compensation Law and other applicable Government Regulations and

Ordinances and all plant rules and regulations particularly in regard to safety precautions

and fire hazards. If this order requires vendor to furnish labour at site, such vendor's

workmen or employees shall under no circumstances be deemed to be in owner's

employment and vendor shall hold himself responsible for any claim or claims which they

or their heirs, dependent or personal representatives, may have or make, for damages or

compensation for anything done or committed to be done, in the course of carrying out the

work covered by the purchase order, whether arising at owner's premises or elsewhere and

agrees to indemnify the owner against any such claims, if made against the owner and all

costs of proceedings, suit or actions which owner may incur or sustain in respect of the

LIMITATION OF LIABILITY FOR GOODS PROCUREMENT:

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.

29. COMPLIANCE OF REGULATIONS:

Vendor warrants that all goods/Materials covered by this order have been produced, sold,

dispatched, delivered and furnished in strict compliance with all applicable laws,

regulations, labour agreement, working condition and technical codes and statutory

requirements as applicable from time to time. The vendor shall ensure compliance with the

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above and shall indemnify owner against any actions, damages, costs and expenses of any

failure to comply as aforesaid.

30. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT:

In case the testing and inspection at any stage by inspectors reveal that the equipment,

materials and workmanship do not comply with specification and requirements, the same

shall be removed by the vendor at his/its own expense and risk, within the time allowed by

the owner. The owner shall be at liberty to dispose off such rejected goods in such manner

as he may think appropriate. In the event the vendor fails to remove the rejected goods

within the period as aforesaid, all expenses incurred by the owner for such disposal shall

be to the account of the vendor. The freight paid by the owner, if any, on the inward journey

of the rejected materials shall be reimbursed by the vendor to the owner before the rejected

materials are removed by the vendor. The vendor will have to proceed with the replacement

of the equipment or part of equipment without claiming any extra payment if so required by

the owner. The time taken for replacement in such event will not be added to the contractual

delivery period.

31. NON-WAIVER:

Failure of the Owner to insist upon any of the terms or conditions incorporated in the

Purchase Order or failure or delay to exercise any rights or remedies herein, or by law or

failure to properly notify Vendor in the event of breach, or the acceptance of or payment

of any goods hereunder or approval of design shall not release the Vendor and shall not be

deemed a waiver of any right of the Owner to insist upon the strict performance thereof or

of any of its or their rights or remedies as to any such goods regardless of when such goods

are shipped, received or accepted nor shall any purported oral modification or revision of

the order by BPCL act as waiver of the terms hereof. Any waiver to be effective must be

in writing. Any lone incident of waiver of any condition of this agreement by BPCL shall

not be considered as a continuous waiver or waiver for other condition by BPCL.

32. NEW & UNUSED MATERIAL:

All the material supplied by the vendor shall be branded new, unused and of recent manufacture.

PURCHASE PREFERENCE CLAUSE:

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

preference as admissible/ applicable from time to time under the existing Govt. policy.

Purchase preference to a PSE shall be decided based on the price quoted by PSE as

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

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

Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe

(ST) entrepreneurs, purchase preference as admissible/applicable from time to time under

the existing Govt. policy. Purchase preference to a MSE, a MSE owned by women

entrepreneurs and a MSE owned by SC/ST entrepreneurs shall be decided based on the

price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the

Bidders claiming purchase preference as MSE need to submit the following documents:

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• Self-attested copy of all the pages of the EM-II certificate/Udyog Adhar Memorandum issued by

the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

• Vendor’s declaration/affidavit in their organization/Company letter head, stating that, in the event of

award of contract, all the ordered supplies shall be made from the unit for which MSE certificate has

been submitted.

33. CANCELLATION:

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

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

33.1.2. The vendor becomes bankrupt or goes into liquidation.

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

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

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

33.2. 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 in 20.3.1 as aforesaid.

34. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION:

The Competition Act, 2002 as amended by the Competition (Amendment) Act, 2007 (the

Act), prohibits anti- competitive practices and aims at fostering competition and at

protecting Indian markets against anti- competitive practices by enterprises. The Act

prohibits anti- competitive agreements, abuse of dominant position by enterprises, and

regulates combinations (consisting of acquisition, acquiring of control and M&A)

wherever such agreements, abuse or combination causes, or is likely to cause, appreciable

adverse effect on competition in markets in India. BPCL reserves the right to approach the

Competition Commission established under the Act of Parliament and file information

relating to anti- competitive agreements and abuse of dominant position. If such a situation

arises, then Vendors are bound by the decision of the Competitive Commission and also

subject to penalty and other provisions of the Competition Act.

35. ASSIGNMENT:

The Vendor does not have any right to assign his rights and obligations under these general

purchase conditions without the prior written approval of BPCL.

36. GOVERNING LAW:

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These General Purchase Conditions shall be governed by the Laws of India.

Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions.

Any notices to be given hereunder by a Party to the other shall be in English and delivered

by hand or sent by courier or facsimile to the other Party at the address or facsimile number

stated below or such other address or number as may be notified by the relevant Party from

39. POLICY ON HOLIDAY LISTING:

The guidelines and procedures for Holiday Listing are available separately in BPCL

website and shall be applicable in the context of all tenders floated and consequently all

orders/ contracts / purchase orders. It can be accessed using the following link:

https://www.bharatpetroleum.in/pdf/Holiday-Listing-Policy- 2024.pdf

40. ORDER OF PRECEDENCE FOR PURCHASES :

1. Purchase Order

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 Purchase Conditions (SPC)

7. Technical Specifications

8. Instructions to Bidders

9. General Purchase Conditions (GPC)

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.

41. TERMINATION FOR CONVENIENCE:

The purchaser may, by written notice of 14 days sent to the seller, cancel the contract, in

whole or part, at any time for his convenience. The notice of cancellation shall specify

that cancellation is for the purchaser’s convenience, the extent to which performance of

work under the contract is cancelled and the date upon which such cancellation becomes

The goods that are complete and ready for shipment within 30 days after the seller’s receipt

of notice of cancellation shall be purchased by the purchaser at contract terms and prices.

For the remaining goods, the purchaser may opt :-

a. To have any portion completed and delivered at the contract terms and prices

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b. To cancel the remainder and pay to the seller an agreed amount for partially completed goods and

materials and parts previously procured by the seller.

42. BUILDING AND OTHER CONSTRUCTION WORKERS CESS:

a. Bidders to note that under Building and other Construction Workers Welfare Act (Re&CS) Act

1996, Cess is applicable to contracts executed outside Factory Area (e.g. construction of new

industrial installation, office & residential buildings etc.) as per the provisions applicable under ‘The

Building and Other Construction Workers Welfare Cess Act 1996’.

b. 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.

c. 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,

the Building and other Construction Workers‟ (RE&CS) Rules, 1998 and the Building and other

Construction Workers Welfare Cess Rules,

d. 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.

e. 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.

Please sign & return all the pages of GPC as a token of your acceptance of all the terms & conditions as

CRFQ NO. 1000458784 E-TRNDER NO. -

PERFORMANCE BANK GUARANTEE

(On Non-judicial paper for appropriate value)

Bharat Petroleum Corporation Limited

In consideration of the Bharat Petroleum Corporation Limited, (hereinafter called ‘the Company’

which expression shall include its successors and assigns) having awarded to M/s. (Name)

. ...........(Constitution)

… (hereinafter referred to as “The vendor” which expression shall wherever the subject or

context so permits include its successors and assigns) a supply contract in terms interalia, of the

Company’s Purchase order No…….. dated and the General and Special Purchase Conditions of

the Company and upon the condition of vendor’s furnishing security for the performance of the

vendor’s obligations and/or discharge of the vendor’s liability under and / or in connection with

the said supply contract upto a sum of Rs. (in figures)…………..Rs (in words)

. ...............................only amounting to 5% (five percent) of the total contract value.

We, (Name)…………..(constitution) ...................... (hereinafter called “the Bank” which expression

shall include its successors and assigns) hereby jointly and severally undertake and guarantee to

pay to the Company in ----- (Currency) forthwith on demand in writing and without protest or

demur of any and all moneys any wise payable by the Vendor to the Company under in respect of

or in connection with the said supply contract inclusive of all the Company’s losses and expenses

and other moneys anywise payable in respect to the above as specified in any notice of demand

made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of

Rs(in figures)…………Rs(in words) only.

AND the Bank hereby agrees with the Company that

(i) This Guarantee/undertaking shall be a continuing guarantee and shall remain valid and irrevocable for all

claims of the Company and liabilities of the vendor arising upto and until midnight of

This date shall be 6 months from the last date of guarantee period.

(ii) This Guarantee/ Undertaking shall be in addition to any other guarantee or security of whatsoever that the

Company may now or at any time otherwise have in relation to the vendor’s obligation/liabilities under and

/or connection with the said supply contract, and the Company shall have full authority to

take recourse to or reinforce this security in preference to the other security (ies) at its sole

discretion, and no failure on the part of the Company in enforcing or requiring enforcement

of any other security shall have the effect of releasing the Bank from its liability hereunder.

CRFQ NO. 1000458784 E-TRNDER NO. -

(iii) The Company shall be at liability without reference to the Bank and without effecting the full liability of the

Bank hereunder to take any other security in respect of the vendor’s obligations and /or liabilities under or in

connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or

to grant time and/ or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the

total contract value or to release or to forbear from enforcement all or any of the obligations of the vendor under

the said supply contract and/ or the remedies of the Company under any other security(ies) now or hereafter

held by the Company and no such dealing(s), variation(s), reduction(s), increase(s) or the indulgence(s) or

arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank

from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank.

(iv) This Guarantee /Undertaking shall not be determined by the liquidation or winding up or dissolution or change of

constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative

until payment of all moneys payable to the Company in terms hereof.

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee/ Undertaking and

the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute

or disputes having been raised by the vendor (whether or not pending before any Arbitrator, officer, Tribunal

or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor

stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof.

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as liable to be paid to

the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of

costs, charges and or expenses shall as between the Bank and the Company be conclusive of the amount so

liable to be paid to the Company or suffered or incurred by the Company, as the case may be and payable by

the Guarantor to Company in terms hereof.

Yours faithfully,

NAME & DESIGNATION

NAME OF THE BANK

CRFQ NO. 1000458784 E-TRNDER NO. -

Form of Insurance Surety Bond towards Bid Security (EMD) / Performance Security

[To be stamped in accordance with Stamp Act of India]

Insurance Surety Bond No. Date

[Bharat Petroleum Corporation Limited] Dear Sirs,

In accordance with Invitation for Bids under your Tender No. & date

Registered / Head Office at

. .................................................. (Hereinafter called the 'Bidder') wish to participate / have been awarded

may be] in the said tender for ................... [Procurement description / Tender Title].

As an irrevocable Insurance Surety Bond against Bid Security (EMD) / Performance Security [as the case

may be] for an amount of ........................................ [EMD / Performance Security amount] and remain in full

i.e. up to [Validity Date] from the Bid Due Date and with an additional claim period of (days) i.e. up to

Validity Date] required to be submitted by the Bidder as a condition precedent for participation in the said

bid / award of contract [as the case may be] which amount is liable to be forfeited on the happening of any

contingencies as mentioned under the Bidding Documents / Contract / LoA.

We, the ......................... [Name of the Insurer] registered under IRDAI having our

. ............................ [Address of the Insurer] guarantee and undertake to pay immediately on demand by Bharat

Corporation Limited (hereinafter called the 'Beneficiary') the amount of............ [EMD / Performance

amount] without any reservation, protest, demand and recourse. Any such demand made by the Beneficiary

shall be conclusive and binding on us irrespective of any dispute or difference raised by the Bidder and / or

any right / remedy available to the bidder in terms thereof.

This Insurance Surety Bond shall be unconditional as well as irrevocable and shall remain valid up to

If any further extension of this Insurance Surety Bond is required, the same shall be extended to such

required period on receiving instructions from M/s[Bidder's Name] on whose behalf this Insurance Surety

The Insurer declares that it has power to issue this Surety Bond and discharge the obligations

contemplated herein, the undersigned is duly authorised and has full power to execute this Surety Bond

for and on behalf of the Insurer.

CRFQ NO. 1000458784 E-TRNDER NO. -

The Surety Bond shall not be affected by any change in the constitution or winding up of the Bidder or the

Insurer or any absorption, merger or amalgamation of the Bidder or the Insurer with any other person.

In witness where of the Insurer, through its authorised officer, has set its hand and

(Designation with Insurer Stamp)

Contact Details & Address of Surety Insurer for verification:

Name (Official):

Branch Address:

CRFQ NO. 1000458784 E-TRNDER NO. -

GENERAL CONDITIONS OF CONTRACT (GCC)

BHARAT PETROLEUM CORPORATION LIMITED

CRFQ NO. 1000458784 E-TRNDER NO. -

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 WORKSHOP

2.4 SAFETY STANDARDS FOR TEMPORARY BUILDINGS

III GENERAL INSTRUCTION FOR THE TENDERER

3 SUBMISSION OF TENDER

5 PURCHASE PREFERENCE

6a EARNEST MONEY

6b CONVERSION OF EMD TO SECURITY DEPOSIT

7a BID VALIDITY

7b LANGUAGE OF BID

8 ADDENDA / CORRIGENDA

9 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

10a INTEGRITY PACT (IP)

10b HOLIDAY LISTING

10c FOREIGN BIDDERS

11 COLLECTION OF DATA TENDERER’S RESPONSIBILITY & TIME SCHEDULE

12 RETIRED GOVERNMENT OR COMPANY OFFICER

13 SIGNING OF THE CONTRACT

14a FIELD MANAGEMENT

14b CONSULTANCY CONTRACTS

IV INTERPRETATION OF CONTRACT DOCUMENTS

15 INTERPRETATION OF CONTRACT DOCUMENT

16 SPECIAL CONDITIONS OF CONTRACT

17 CONTRACTOR TO OBTAIN HIS OWN INFORMATION

18 PERFORMANCE SECURITY DEPOSIT/RETENTION MONEY

19 TIME OF PERFORMANCE

20 FORCE MAJEURE

21 EXTENSION OF TIME

22 LIQUIDATED DAMAGES FOR DELAY

23 SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS REASONABLE

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

CRFQ NO. 1000458784 E-TRNDER NO. -

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

CRFQ NO. 1000458784 E-TRNDER NO. -

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

82A BILL DISCOUNTING THROUGH TReDS

83 COMPLETION CERTIFICATE

84 FINAL DECISION AND FINAL CERTIFICATE

85 CERTIFICATE FOR PAYMENTS AND EVIDENCE OF COMPLETION

VII TAXES / DUTIES / INSURANCE

86 TAXES & DUTIES

88 DAMAGE TO PROPERTY

VIII LABOUR LAWS AND OTHER REGULATIONS

90 IMPLEMENTATION OF APPRENTICES ACT, 1961

91 CONTRACTOR TO INDEMNIFY THE OWNER

92a HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS

92b MEDICAL FITNESS CERTIFACATION

93 SAFETY REGULATIONS

95 JURISDICTION

96 ORDER OF PRECEDENCE FOR WORKS/SERVICES CONTRACTS

97 LIMITATION OF LIABILITY

98 POLICE VERIFICATION OF CONTRACT STAFF AND TRANSPORT CREW AT LOCATION

100 BUILDING AND OTHER CONSTRUCTION WORKERS CESS

IX MEMORANDUM OF AGREEMENT

PROFORMA OF BANK GUARANTEE

TAX RESIDENCY CERTIFICATE

BHARAT PETROLEUM CORPORATION LTD ACKNOWLEDGEMENT

CRFQ NO. 1000458784 E-TRNDER NO. -

GENERAL CONDITIONS OF CONTRACT

DEFINITION OF TERMS

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

expressions will have following meanings:

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

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

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 authorized 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

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

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.

CRFQ NO. 1000458784 E-TRNDER NO. -

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.

CRFQ NO. 1000458784 E-TRNDER NO. -

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 SUBMISSION OF TENDER:

3.1 The quotation should be submitted only in the manner and the form prescribed in the Request For

Quotation (RFQ)/Tender enquiry.

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

tender document. The tenderer should consider the Addenda/Corrigenda and should price the work

based on revised quantities when amendments for quantities are issued in addenda.

3.3 Tenders should always be placed in double sealed covers, superscripting 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:

CRFQ NO. 1000458784 E-TRNDER NO. -

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

well as all the pages of the documents shall be initialed at the lower right hand corner and signed

wherever required in the tender papers by the tenderer or by a person holding power of attorney

authorizing him to sign on behalf of the tenderer before submission of tender. Tenders without

signatures as stated above are liable to be rejected.

4.3 Rates to be in Figures and Words:

The tenderer should quote the rates in English both in figures as well as in words. Offers received

without the rates in figures and in words are liable for rejection. In case of discrepancy exists

between the rate quoted in figures and in words, the rates quoted in words will prevail.

4.4 Corrections and Erasures:

All corrections and alteration in the entries of tender papers will be signed in full by the tenderer

with date. No erasures or over-writings are permissible.

In case of priced bids containing overwriting/cuttings/erasures in the quoted rates and in case these

are not attested by the signatory of the bid, such priced bids are liable to be rejected without giving

any further notice.

4.5 Signature of Tenderer:

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

tender and shall be signed by the tenderer with his usual signature with company stamp. Partnership

firms shall furnish the full names of all partners in the tender. It should be signed in the partnership

name by all the partners or by duly authorized representative followed by the name and designation

of the person signing with company stamp.

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

the authorized representative and a power of attorney in that behalf shall accompany the tender.

Transfer of tender documents issued to one intending tenderer to another is not permissible.

5 PURCHASE PREFERENCE:

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

admissible/applicable from time to time under the existing Govt. policy. Purchase preference to a

PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of

evaluation of the price bid.

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

Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs,

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

Purchase preference to a MSE, a MSE owned by women entrepreneurs and a MSE owned by SC/ST

entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L1

Vendor at the time of evaluation of the price bid.

6 (a) EARNEST MONEY:

CRFQ NO. 1000458784 E-TRNDER NO. -

The tenderer must submit/ deposit earnest money, if specified in the RFQ/Tender enquiry, failing

which the tender is liable to be rejected. Earnest Money Deposit shall be submitted in the form of

crossed Demand Draft in favour of “Bharat Petroleum Corporation Ltd.” / Electronic Funds Transfer

to BPCL Bank Account / Bank Guarantee executed by any Scheduled Bank approved by Reserve

Bank of India (as per Proforma provided in Annexure). Earnest Money Deposit (EMD) shall be

valid for a period of 6 (Six) months from the due date of opening of Techno-commercial Bids and

shall be submitted from any Indian Scheduled Commercial Bank / Indian Branch of Foreign Bank.

EMD submitted by foreign vendors shall be in USD / EURO only.

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

NOTE: Exemption of Bidding Document fee and EMD will be applicable for Micro and Small

Enterprises (MSEs) registered with District Industries Centres (DIC) or Khadi and Village Industries

Commission or Khadi and Village Industries Board or Coir Board or National Small Industries

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

Memorandum or any other body specified by Ministry of Micro, Small and Medium Enterprises.

Such bidder shall submit Self attested copy of the certificate, valid upto validity of the offer,

indicating that their registration includes the items/works under tender. The registration certificate

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

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

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

earnest money of the unsuccessful tenderer will be refunded after the completion of BQC evaluation

/ Technical Evaluation / Priced Bid Evaluation as applicable.

(b) CONVERSION OF EMD TO SECURITY DEPOSIT:

The earnest money deposit (EMD) of the contractor whose tender may be accepted, if paid

in forms other than Bank Guarantee, can be converted to security deposit for due

performance of the contract if the contractor so desires. The “performance security

deposit/retention money” vide clause 18 shall also be applicable limiting to a maximum of

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

CRFQ NO. 1000458784 E-TRNDER NO. -

other language provided that this literature is accompanied by an authenticated English translation

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

8 ADDENDA / CORRIGENDA:

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

tenders to clarify documents or to effect modification in the design or tender terms. All

addenda/corrigenda issued shall become part of tender Document.

9 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER:

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

accept the lowest tender, and reserves to itself the authority to reject any or all the tenders received

without assigning any reason whatsoever.

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

if considered expedient.

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

in any respect and/or the prescribed conditions are not fulfilled are liable to be rejected.

9.4 Canvassing in connection with tenders is strictly prohibited and tenders submitted by the tenderer

who resort to canvassing will be liable to rejection.

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

10 (a) INTEGRITY PACT (IP):

Vendors are requested to sign & return our pre-signed IP document, if applicable. This document is

essential & binding. Vendor's failure to return the IP document duly signed along with Bid

Document may result in the bid not being considered for further 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

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

CRFQ NO. 1000458784 E-TRNDER NO. -

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

The above shall be furnished before release of any payment or within one month of the release of

Order, whichever is earlier. In case of failure to submit the above information, any additional tax

liability on Owner, will be deducted from the payment due to the contractor.

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

The tenderer shall visit the site and acquaint himself fully of the site and no claims whatsoever will

be entertained on the plea of ignorance or difficulties involved in execution of work or carriage of

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

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

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

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the responsibility of the contractor to plan and execute strictly in accordance with the site

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

14 (b) CONSULTANCY CONTRACTS:

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

of its applicability to the context of consultancy jobs.

INTERPRETATION OF CONTRACT DOCUMENTS

15 INTERPRETATION OF CONTRACT DOCUMENT:

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

Conditions of Contract and special conditions shall prevail over those of any other documents

forming part of the contract. Several documents forming the contract are to be taken as mutually

explanatory. Should there be any discrepancy, inconsistency, error or omission in the contract or

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

the Contractor instructions directing in what manner the work is to be carried out. The decision of

the Engineer-in-Charge shall be final and conclusive and the contractor shall carry out work in

accordance with this decision.

15.2 Works shown upon the drawing but not mentioned in the specifications or described in the

specification without being shown on the drawings shall nevertheless be held to be included in the

same manner as if they had been specifically shown upon the drawings and described in the

specifications.

15.3 Headings and marginal notes to the clauses of these General Conditions of Contract or to

specifications or to any other tender document are solely for the purpose of giving a concise

indication and not a summary of the content thereof, and they shall never be deemed to be part

thereof or be used in the interpretation or construction thereof of the Contract.

16.4 Singular and Plural:

In these contract documents unless otherwise stated specifically, the singular shall include the plural

and vice-versa wherever the context so requires. Words indicating persons shall include relevant

incorporated companies/ registered as associations/ body of individual/ firm or partnership.

16 SPECIAL CONDITIONS OF CONTRACT:

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

specification of work, Drawings and any other documents forming part of this contract wherever

the context so requires.

16.2 Notwithstanding the sub-division of the documents into these separate sections and volumes every

part of each shall be deemed to be supplementary to and complementary of every other part and

shall be read with and into the contract so far as it may be practicable to do so.

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

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

provisions of the Special Conditions of Contract shall be deemed to over-ride the provision of the

General Conditions of Contract and shall to the extent of such repugnance or variations, prevail.

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

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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 affectthe 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 labourinvolved 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

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otherwise if submitted by way of bank guarantee the validity of the same to be extended suitably as

advised by BPCL.

In the case of security deposit submitted in the form of Bank guarantee, the Bank Guarantee shall be

valid and remain in force till the contractual completion period (expiry of the defect liability period-

refer clause-74, if applicable) and with a claim period of six months thereafter. The Bank Guarantee

shall be in the form prescribed.

In case the successful contractor is not furnishing the performance security deposit as referred above

on award of the job, the same shall be deducted from each running account bills at the rate of 10% of

bill value till overall security deposit of 10% as mentioned above is collected.

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

expiry of the defect liability period (refer clause-74), if applicable. This retention money/Bank

guarantee held shall be released after the expiry of the defect liability period provided that any

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

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

orders issued. In case of LSTK (Lump Sum Turnkey Contracts) / EPC: PBG @ 10% within 15 days

of notification of award. In case of Annual Rate Contracts (ARCs): Submission of PBG @ 10% of

Total Contract Value (TCV) or submission of initial security deposit @ 2.5% of TCV within 15 days

of notification of award. In cases where only 2.5% of TCV has been submitted, 7.5% of individual

release order shall be subsequently deducted from RA bills.

Vendors/contractors shall be asked to submit the SD within 15 days from the date of notification of

award and in the event of delay in submission of SD, the contract can be terminated. However, if

termination of contract is not in the interest of the work/ BPCL, an additional time up to 30 days can

be allowed for submission of SD depending on merits of each case, beyond which the contract may

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

18.2 If the contractor/ sub-contractor or their employees shall break, deface or destroy any property

belonging to the Owner or other agency during the execution of the contract, the same shall be made

good by the Contractor at his own expenses and in default thereof, the Engineer-in-Charge may cause

the same to be made good by other agencies and recover expenses from the contractor (for which the

certificate of the Engineer-in-Charge shall be final). These expenses can be recovered from the

security deposit/retention money if recovery from other sources is not possible.

18.3 All compensation or other sums of money payable by the contractor to the Owner under terms of

this contract may be deducted from his security deposit/retention money or from any sums which

may be or may become due to the contractor by the Owner on any account whatsoever and in the

event of his security deposit/retention money being reduced by reasons of any such deductions. The

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

deducted from his security Deposit/retention money. No interest shall be payable by the Owner from

sum deposited as security deposit/retention money.

18.4 The security deposit shall be held by the Owner, as security for the due performance of the

Contractor’s obligations under the contract, provided that nothing herein stated shall make it

incumbent upon the Owner to utilize the security deposit/retention money in preference to any other

remedy which the Owner may have, nor shall be construed as confining the claims of the Owner

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

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18.5 The Bank guarantee if submitted shall be from any Indian scheduled bank or an international bank

of repute having a branch in India or a corresponding banking relationship with an Indian scheduled

bank. The security deposit/retention money shall be in Indian Rupee in the case of domestic bidders

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

18.6 Process for submitting Bank Guarantee / PBG under SFMS (Structured Financial Messaging

System) mode as follows:

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

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.

Vendor should ensure the following for issue of E- bank guarantee:

a. The issuing bank is on SFMS platform

b. SFMS Message type used is 760 COV and SFMS Delivery report/ Message copy is sent along with

c. For BG amendment, message type 767COV is to be used.

d. SFMS contains following details:

i. Beneficiary's bank name: ICICI Bank

ii. IFSC Code: ICIC0000393

iii BPCL'S Customer 1D: 8PCL583493800

e. BG Issuing Bank should send the BG Issuance advice through SFMS to BPCL's designated

Banker: ICICI Bank,Backbay Branch, Mumbai (IFSC: 1CIC0000393).

f. BG Issuance advice should mention applicable Unique Identifier Code (U1C) in row/ field number

7037 of SFMS Delivery Report.

a. BPCL Location : Kharghar , Navi Mumbai

b. Head office : Ballard Estate

c. UIC : BPCL583493800

g. The Original BG should be submitted along with print out of SFMS Delivery report from the BG

Issuing Bank Branch.

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

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

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

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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

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

• 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

(thirty) days to the other Party.

• Payment in case of termination due to Force Majeure

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

relevant event of Force Majeure.

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

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

event of Force Majeure; and

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

extension for such cases will be worked out appropriately.

21 EXTENSION OF TIME:

If the contractor shall desire an extension of the time for completion of the work on the grounds of

his having been unavoidably hindered in its execution or on any other grounds, he shall apply in

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writing to the Engineer-in-Charge within two weeks of the date of hindrance on account of which

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

shall be final), reasonable grounds have been shown thereof, authorize such extension of time as

may in his opinion be necessary or proper.

In the event of extension of Time of the contract, if granted, the contractor shall be required to

suitably extend the period of Bank Guarantee if submitted, towards security Deposit/retention

money suitably.

22. LIQUIDATED DAMAGES FOR DELAY:

22.1 Time is the essence of the contract. In case the contractor fails to complete the whole work within

the stipulated period, he shall be liable to pay liquidated damages of 0.5% of the basic value of

contract per week and or part thereof of the delay subject to a maximum of 5% of the value of the

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

suffered by the owner on account of delay on the part of the contractor and the said amount will be

payable on demand without there being any proof of the actual loss or damages having been caused

by such delay/breach. The owner shall be at liberty to adjust or deduct the said amount of liquidated

damages from any amount due to the contractor including Security Deposit. In case where the

concluded contract value is different from the original contract value due to the change

orders/variation in executed quantities/extension of time, etc., the concluded contract value should

be considered for recovery of Liquidated Damages for late delivery/delayed completion.

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

periodically, the proportionate or full amount of liquidated damages as the case may be for the delay

periodically caused by the contractor.

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 Owner.

24 TERMINATION/OFFLOADING:

24.1 The contractor fully understands that timely completion of the work as per the schedule is of

paramount necessity as otherwise it would lead to adversely affecting the schedules of other

works/project with resultant financial and other losses to the Company/owner. In view of this, the

contractor unconditionally agrees and binds himself to be liable for all the consequences for non-

completion of the work within the stipulated time.

24.2 In case a situation is brought about by the contractor warranting termination/off-loading of the whole

or any part of the work for any reason whatsoever, the Company/owner shall have the liberty and

right to entrust/engage/award the work so terminated/off loaded at the risk and cost of the contractor

to any other agency/contractor by adopting any mode of inviting tenders, i.e. open/limited/single

party/negotiation basis etc. in order to ensure completion of the work as per the schedule or at the

quickest possible time.

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25. FORFEITURE OF SECURITYDEPOSIT:

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

the contract, the Owner shall be entitled to recover such sum by appropriating in part or whole,

security deposit of the contractor, forming whole or part of such security being insufficient or if no

security has been taken from the Contractor then the balance or the total sum recoverable, as the

case may be, shall be deducted from any sum then due or which at any time thereafter may become

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

26 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED:

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

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

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

adopt any of the following courses as he may deem best suited to his interest:

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

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

forfeited and be absolutely at the disposal of the Owner.

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

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

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

the Contractor and 10% of costs as above to cover all departmental charges and crediting him with

the value of the work done in all respects in the manner and at the same rates as if it had been carried

out by the Contractor under the term of his contract. The certificate of Engineer-in-Charge as to the

value of the work done shall be final and conclusive against the contractor.

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

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

incurred in excess of the sum which would have been paid to the original contractor, if the whole

work had been executed by him (of the amount of which excess, the certificate in writing of the

Engineer-in-Charge shall be final and conclusive) shall be borne and paid by the original contractor

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

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

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

claim to compensation for any loss sustained by him by reason of his having purchased or procured

any materials or entered into any agreements or made any advances on account of or with a view to

the execution of the work of the performance of the contract. In case the Contractor shall not be

entitled to recover or be paid any sum for any work actually performed under this contract unless the

Engineer-in- Charge will certify in writing the performance of such work and the value payable in

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

27 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT

TAKEN UNDER CLAUSE 26:

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

become exercisable and the same had not been exercised, the non-exercise thereof shall not

constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be

exercised in the event of any further case of default by the contractor for which any clause of hereof

CRFQ NO. 1000458784 E-TRNDER NO. -

he is declared liable to pay compensation amounting to the whole of his security deposit and the

liability of the contractor for past and future compensation shall remain unaffected. In the event of

the Owner putting in force the power under sub-clause (a), (b) or (c) vested in him under the

proceeding clause he may, if he so desires takes possession of all or any tools and plants materials

and stores in or upon the works or the site thereof belonging to the contractor or procured by him

and intended to be used for the execution of the work or any part thereof paying or allowing for the

same in account at the contract rates or in case of these not being applicable at current market rates

to be certified by the Engineer-in-Charge whose certificate thereof shall be final otherwise the

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

or other authorized agent, requiring him to remove such tools, plant, materials or stores from the

premises (within a time to be specified in such notice) and in the event of the contractor failing to

comply with any such requisition, the Engineer-in-Charge may remove them at the contractors

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

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

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

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

28 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK:

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

require the whole or part thereof as specified in the tender to be carried out, the Engineer-in-Charge

shall give notice in writing of the fact to the contractor, who shall have no claim to any payment or

compensation whatsoever on account of any profit or advantage which he might have derived from

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

the work not having been carried out, neither shall he have any claim for compensation by reason

of any alterations having been made in the original specifications, drawings, designs and instructions

which shall involve any curtailment of the work as originally contemplated.

29 CHANGES IN CONSTITUTION:

Where the contractor is a partnership firm, the prior approval, in writing, of the Owner shall be

obtained before any change is made in the constitution of the firm, where the contractor is an

individual or a Hindu undivided family business concern, such approval as aforesaid shall likewise

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

reconstituted firm would have the right to carry out the work hereby undertaken by the contractor.

In either case if prior approval as aforesaid is not obtained, the contract shall be deemed to have

been allotted in contravention of clauses 35 hereof and the same action may be taken and, the same

consequence shall ensure as provided in the said clause.

30 IF THE CONTRACTOR DIES:

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

Owner shall have the option of terminating the contract without compensation to the contractor.

31 EMPLOYEES OF THE OWNER NOT INDIVIDUALLY LIABLE:

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

the acts or obligations of the Owner under the contract or answerable for any default or omission in

the observance or performance of any of the acts, matters or things which are herein contained.

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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:

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Subletting of contracts shall not be generally permitted. However owner may permit subletting 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 carry out the works in conformity with the contract documents, or

ii. Fail to carry out 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

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

CRFQ NO. 1000458784 E-TRNDER NO. -

reconstruction.

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

thereof and of the materials, temporary works, constructional equipment, and stock thereon, and to

revoke the contractor’s license to use the same, and to complete the works, by his agents, other

contractor or workmen, or to re-let the same upon any terms and to such other person firm or

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

aforesaid to use or authorize the use of any materials, temporary works constructional equipment,

and stock as aforesaid without making payment or allowances to the contractor for the said materials

other than such as may be certified in writing by the Engineer-in-Charge to be reasonable, and

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

constructional equipments and stock or being liable for any loss of damage thereto, and if the Owner

shall by reason of his taking possession of the works or of the works being completed by other

contractors (due account being taken of any such extra work or works which may be omitted) then

the amount of such excess as certified by the Engineer-in- Charge shall be deducted from any money

which may be due for work done by the contractor under the contract and not paid for. Any deficiency

shall forthwith be made good and paid to the Owner by the contractor and the Owner shall have power

to sell in such manner and for such price as he may think fit all or any of the constructional

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

thereof out of the proceeds of the sale.

37 CONTRACTORS RESPONSIBILITY WITH OTHER AGENCIES:

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

the work of civil construction, to work in close co-operation and co-ordinate the works with other

contractors or their authorized representatives and the contractor will put up a joint scheme, showing

the arrangements, with other contractors / agencies for carrying his portion of work to the Engineer-

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

Engineer-in-Charge shall have the written agreement of the other agencies. The Engineer-in-Charge

before communicating his approval of the scheme, with any required modifications shall get the

final agreement of all the agencies, which shall be binding. No claim shall be entertained on account

of the above. The contractor shall conform in all respects with the provisions of any statutory

regulations, ordinances or by laws of any local or duly constituted authorities or public bodies which

may be applicable from time to time to the works or any temporary works. The contractor shall keep

the Owner Indemnified against all penalties and liabilities of every kind arising out of non-adherence

to such statutes ordinances, laws, rules, regulations, etc.

38 OTHER AGENTS AT SITE:

The contractor shall have to execute the work in such place and condition where other agencies

might also be engaged for other works such as site grading, filling and leveling, electrical and

mechanical engineering works etc. No claim shall be entertained to works being executed in the

above circumstances.

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

job site or may be served by registered mail direct to the address furnished by the Contractor. Proof

CRFQ NO. 1000458784 E-TRNDER NO. -

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 contractors. 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 harmony.

41 RIGHT OF OWNER TO DETERMINE / TERMINATE CONTRACT

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

Owner the cessation of the work becomes necessary owing to paucity of funds or for any other cause

whatsoever, in which case, the cost of approved materials at the site at current market rates as

verified and approved by Engineer-in- Charge and of the value of the work done to date by the

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

Owner to the contractor of such determination and termination and the reason thereof, shall be the

conclusive proof of the fact that the contract has been so determined and terminated by the Owner.

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

payments to compensate expenditure incurred by him in the expectation of completing the whole of

the work, the Owner shall consider and admit such claim as are deemed fair and reasonable and are

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

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

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

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

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

repatriation of the

Contractors’ and subcontractors’ employees less the aggregate of all previous payments allocated to

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.

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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

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

CRFQ NO. 1000458784 E-TRNDER NO. -

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.

SECTION - V 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

CRFQ NO. 1000458784 E-TRNDER NO. -

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

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 ANDHOLIDAYS:

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

Charge or his representative at least two days in advance and obtain permission in writing. No special

compensation on this account will be payable.

50 GENERAL CONDITIONS FOR CONSTRUCTION AND ERECTION WORK:

50.1 Place of Work:

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

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

personnel and equipment, types of equipment and tools permitted, working methods allowed etc. in

the light of security and safety regulations operative 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.

CRFQ NO. 1000458784 E-TRNDER NO. -

The Owner will not entertain any claim for idle time payment whatsoever.

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

of work. The details and preforma of the report will mutually be agreed after the award of contract.

51 DRAWINGS TO BE SUPPLIED BY THE OWNER:

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

to enable him to visualize the type of work contemplated and scope of work involved. The contractor

will be deemed to have studied the drawings and formed an idea about the work involved.

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

furnished from time to time during the progress of the work. The contractor shall be deemed to have

gone through the drawings supplied to him thoroughly and carefully and in conjunction with all other

connected drawings and bring to the notice of the Engineer-in-Charge, discrepancies, if any, therein

before actually carrying out the work.

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

of the site and shall be made available to the Engineer-in-Charge at any time during the contract. The

drawings and other documents issued by the Owner shall be returned to the Owner on completion

of the works. Reference is also invited to clause

43.2 and 43.3 above regarding drawings and other documents.

52 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR:

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

conditions of contract, and shall be furnished within the specified time.

52.2 Where approval of drawings before manufacture / construction / fabrication has been specified, it

shall be contractor’s responsibility to have these drawings prepared as per the directions of Engineer-

in-Charge and got approved before proceeding with manufacture construction / fabrication, as the

case may be. Any changes that may have become necessary in these drawings during the execution

of the work shall have to be carried out by the contractor to the satisfaction of Engineer-in-Charge

at no extra cost. All final drawings shall bear the certification stamps duly signed by both the

contractor and the Engineer-in-Charge.

52.3 A period of 3 weeks from the date of receipt shall be required normally for approval of drawings by

the Engineer-in- Charge.

53 SETTING OUT WORKS:

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

level bench mark and the contractor shall set out the works and shall provide efficient staff for the

purpose and shall be solely responsible for the accuracy of such setting out.

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

marks, profiles and other similar things and shall take all necessary precaution to prevent their

removal or disturbance and shall be responsible for the consequence of such removal or disturbance

should the same take place and for their efficient and timely reinstatement. The contractor shall also

be responsible for the maintenance of all existing survey marks, boundary marks, distance marks

and centre line marks, either existing or supplied and fixed by the contractor. The, work shall be set

out to the satisfaction of the Engineer-in-Charge. The approval thereof or joining in setting out the

work shall not relieve the contractor of any of his responsibilities.

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

level posts, pegs, bamboos, flags, ranging rods, strings and other materials for proper layout of the

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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 contractor.

53.5 On completion of works, the contractor must submit the geodetic documents according to which the

work was carried out.

54 RESPONSIBILITY FOR LEVEL ANDALIGNMENT:

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 b

56 MATERIALS SUPPLIED BY OWNER:

56.1 If the specifications of the work provides for the use of any materials of special description to be

supplied from the Owner’s stores, price for such material to be charged therefore as herein after

mentioned being so far as practicable for the convenience of the contractor but not so as in any way

to control the meaning or effect of the contract. The contractor shall be bound to purchase and shall

be supplied such materials as are from time to time required to be used by him for the purpose of

the contract only. The sums due from the contractor for the value of the actual materials supplied by

the Owner will be recovered from the running account bill on the basis of the actual consumption of

materials in the work covered and for which the running account bill has been prepared. After the

completion of the works, however, the contractor has to account for the full quantity of materials

supplied to him as per relevant clauses in this document.

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

contractor’s account at the rates shown in the schedule of chargeable materials and if they are not

entered in the schedule, they will be debited at cost price, which for the purpose of the contract shall

include the cost of carriage and all other expenses whatsoever such as normal storage supervision

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

CRFQ NO. 1000458784 E-TRNDER NO. -

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

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

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-Charge.

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

has undertaken to supply where such failure or delay is due to natural calamities, act of enemies,

transport and procurement difficulties and any circumstances beyond the control of the Owner. In

no case, the contractor shall be entitled to claim any compensation or loss suffered by him on this

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

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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.