DISPOSAL OF HAZARDOUS (HYDROCARBON & CHEMICAL)WASTE FROM BPCL CRDC, GREATER NOIDA

CRFQ NO. 1000462435 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 DISPOSAL OF HAZARDOUS (HYDROCARBON &

CHEMICAL) WASTE FROM CRDC GREATER NOIDA”

REQUEST FOR QUOTATION

E-Tender System ID:

Tender Calendar Details

Stage Name Start Date End date and

Tender release 17.08.2026 24.08.2026, 11:00 hrs. IST

Technical bid opening 24.08.2026

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. 1000462435 E-TRNDER NO. -

NOTICE INVITING E-TENDER

E-BIDS IN 2 PARTS ARE INVITED FOR THE “DISPOSAL OF HAZARDOUS (HYDROCARBON & CHEMICAL) WASTE

FROM 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

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 ‘DISPOSAL OF HAZARDOUS (HYDROCARBON & CHEMICAL) WASTE FROM CRDC GREATER

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. 1000462435 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

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.

CRFQ NO. 1000462435 E-TRNDER NO. -

7.7 MSE Vendor (Manufacturers only)

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

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. 1000462435 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 Arbitrator”

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

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

CRFQ NO. 1000462435 E-TRNDER NO. -

to 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. 1000462435 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

(For) Procurement Manager, CRDC, Greater Noida-

CRFQ NO. 1000462435 E-TRNDER NO. -

ATTACHMENTS TO THE TENDER

Section Description

1 NOTICE INVITING TENDER

2 ATTACHMENTS TO THE TENDER

3 SCOPE OF WORK & TECHNICAL SPECIFICATIONS 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 CONTRACT CONDITIONS

14 POLICY OF HOLIDAY LISTING OF VENDORS IN BPCL

15 PROFORMA OF DECLARATION OF HOLIDAY LISTING

16 CONTRACTOR SAFETY MANAGEMENT

17 BID REJECTION CRITERIA FOR TENDER

CRFQ NO. 1000462435 E-TRNDER NO. -

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

CRFQ NO. 1000462435 E-TRNDER NO. -

JOB: - Disposal of hazardous hydrocarbon & chemical waste from BPCL-CRDC, Greater Noida.

A. Location of site:

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

Greater Noida -

B. Scope of Work :

Description Unit Qty

Disposal Charges for waste hydrocarbon & waste chemical

1 including transport from BPCL greater Noida to incineration MT

plant and safe disposal as per UPPCB norms.

Special Conditions of the Contract:

 The bidder must submit a copy of the CCA (Consolidated Consent and Authorization)

certificate along with the bid submission.

 BPCL will provide metallic/PVC containers for the disposal of the waste material.

 The weight of the containers will also be included in the total weight of hazardous/non-

hazardous waste.

 The contractor is responsible for segregating waste as per hazardous categories defined under

applicable laws.

 BPCL will not be liable for accidents arising due to non-compliance, bypassing safety

measures, or not following directions from the EIC (Engineer-in-Charge).

 The successful contractor must adhere to the latest amendments of the hazardous waste

management rules.

 The contractor must comply with UPPCB guidelines for the safe disposal of hazardous

 Proper labelling and safe handling during transit must be ensured to prevent accidents or

 The vehicle deployed for the lifting of waste material should be road worthy and driver

should have all the required paper as per RTO norm.

 One supervisor shall be present at site all time whenever the work of loading of hydrocarbon

& chemical waste is scheduled to oversee the job safety.

 All the loading activities related to this tender have to be carried inside the R&D complex &

hence vendor has to follow the gate pass system, work permit system and other security

systems of BPCL.

 BPCL will provide forklifts/hydra for loading waste at BPCL-CRDC premises.

CRFQ NO. 1000462435 E-TRNDER NO. -

 BPCL will notify the contractor via email when hazardous waste needs to be removed as per

the requirement at site. The contractor must collect the waste within 10 days of the

intimation. Failure to do so will attract a penalty of ₹ 1,000 per day after 10 days of BPCLs

email intimation.

 The service provider must designate a point of contact for booking disposal vehicles,

tracking vehicles, and resolving job-related issues. Contact details must be shared with the

BPCL department.

 The contractor must submit a valid Certificate of Destruction within 30 days of material

 The successful contractor must abide by all formalities like gate pass, PPEs for loading

labours, work permits, material gate pass, and must include the to and fro charges to nearest

weighbridge for weighing of the material.

 The quantity mentioned in the tender is indicative and will be processed as per actual

The quoted rates shall be inclusive of all transportation, unloading, weigh bridge charges, toll charges, etc.

D. DELIVERY PERIOD:

The contract is a rate contract & shall be valid for 06 (six) months or till the quantities are consumed. BPCL-

CRDC will intimate the requirement of disposal of waste as per site requirement or on quarterly basis to the

contractor via email, and the contractor must pick up the material within 10 days of BPCL’s intimation.

E. PAYMENT TERMS:

The payments shall be made within 30 days of successful completion of the job & submission of bill along

with supporting documents such as Certificate of Destruction per BPCL procedures. All statutory taxes as

applicable shall be deducted from the bills.

CRFQ NO. 1000462435 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:-

FOR E-TENDERING RELATED ISSUES:

CRFQ NO. 1000462435 E-TRNDER NO. -

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. 1000462435 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 be rejected.

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

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. 1000462435 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 be rejected.

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. 1000462435 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. 1000462435 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. 1000462435 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. 1000462435 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. 1000462435 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. 1000462435 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. 1000462435 E-TRNDER NO. -

CRDC HSSE Policy

CRFQ NO. 1000462435 E-TRNDER NO. -

CRFQ NO. 1000462435 E-TRNDER NO. -

VENDOR ADVISORY – ENVIRONMENTAL

CRFQ NO. 1000462435 E-TRNDER NO. -

GENERAL CONDITIONS OF CONTRACT (GCC)

BHARAT PETROLEUM CORPORATION LIMITED

I DEFINITION OF TERMS

CRFQ NO. 1000462435 E-TRNDER NO. -

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

32 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS

33 CONTRACTOR’S OFFICE AT SITE

CRFQ NO. 1000462435 E-TRNDER NO. -

34 CONTRACTOR’S SUBORDINATE STAFF AND THEIR CONDUCTS

35 SUB-LETTING OF WORK

36 POWER OF ENTRY

37 CONTRACTOR’S RESPONSIBILITY WITH OTHER AGENCIES

38 OTHER AGENTS AT SITE

40 RIGHTS OF VARIOUS INTERESTS

41 RIGHT OF OWNER TO DETERMINE / TERMINATE CONTRACT

42 TERMINATION FOR CONVENIENCE

43 PATENTS AND ROYALTIES

45 OPERATION OF CONTRACT

V PERFORMANCE OF WORK

46 EXECUTION OF WORKS

47 COORDINATION AND INSPECTION OF WORK

48 WORK IN MONSOON AND DEWATERING

49 WORK ON SUNDAYS AND HOLIDAYS

50 GENERAL CONDITIONS FOR CONSTRUCTION AND ERECTION WORK

51 DRAWINGS TO BE SUPPLIED BY THE OWNER

52 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR

53 SETTING OUT WORKS

54 RESPONSIBILITY FOR LEVEL AND ALIGNMENT

55 MATERIALS TO BE SUPPLIED BY CONTRACTOR

56 MATERIALS SUPPLIED BY OWNER

57 CONDITIONS FOR ISSUE OF MATERIALS

58 MATERIALS PROCURED WITH ASSISTANCE OF OWNER

59 MATERIALS OBTAINED FROM DISMANTLING

60 ARTICLES OF VALUE FOUND

61 DISCREPANCIES BETWEEN INSTRUCTIONS

62 ALTERATIONS IN SPECIFICATIONS AND DESIGNS AND EXTRA WORK

63 VARIATION IN CONTRACT VALUE

64 ACTION WHERE NO SPECIFICATIONS ISSUED

65 ABNORMAL RATES

66 INSPECTION OF WORK

67 ASSISTANCE TO THE ENGINEERS

68 TESTS FOR QUALITY OF WORKS

70 ACTION AND COMPENSATION IN CASE OF BAD WORK

71 SUSPENSION OF WORKS

72 OWNER MAY DO PART OF WORK

73 POSSESSION PRIOR TO COMPLETION

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

74.3 CARE OF WORKS

74.4 EFFECTS PRIOR TO TAKING OVER

VI BILLS / MEASUREMENT / PAYMENT

75 SCHEDULE OF RATES AND PAYMENTS

CRFQ NO. 1000462435 E-TRNDER NO. -

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. 1000462435 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. 1000462435 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. 1000462435 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. 1000462435 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. 1000462435 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. 1000462435 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. 1000462435 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

CRFQ NO. 1000462435 E-TRNDER NO. -

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. 1000462435 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. 1000462435 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. 1000462435 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

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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

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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.

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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

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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.

and shall be always available for inspection in the contractor’s office at site.

xii) The contractor should see that only the required quantities of materials are got issued. The contractor

shall not be entitled to cartage and incidental charges for returning the surplus materials, if any, to

the stores/location where from they were issued or to the place as directed by the Engineer-in-

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

58 MATERIALS PROCURED WITH ASSISTANCE OF OWNER:

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

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

issue from Owner’s stock or purchase made under orders or permits or licences issued by

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

materials economically and solely for the purpose of the contract and not dispose them off without

the permission of the owner and return, if required by the Engineer-in-Charge, all surplus or

unserviceable materials that may be left with him after the completion of the contract or at its

termination for any reason, whatsoever on his being paid or credited such prices as the Engineer in-

Charge shall determine having due regard to the condition of the materials. The price allowed to the

contractor however, shall not exceed the amount charged to him excluding the storage charges if

any. The decision of the Engineer-in- Charge shall be final and conclusive in such matters. In the

event of breach of the aforesaid condition, the contractor shall in terms of the licenses or permits,

and/or for criminal breach of trust, be liable to compensate the Owner a double rate or high rate, in

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

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

59 MATERIALS OBTAINED FROM DISMANTLING:

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

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

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

advantage of the Owner.

60 ARTICLES OF VALUE FOUND:

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

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

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

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

61 DISCREPANCIES BETWEEN INSTRUCTIONS:

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

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

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

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

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

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

62 ALTERATIONS IN SPECIFICATIONS AND DESIGNS AND EXTRA WORK:

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

of substitutions for, the schedule of rates, the original specifications, drawings, designs and

instructions that may appear to him to be necessary or advisable during the progress of the work and

the contractor shall be bound to carry out such altered / extra / new items of work in accordance with

any instructions which may be given to him in writing signed by the Engineer-in-Charge and such

alterations, omissions, additions or substitutions shall not invalidate the contract and any altered

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

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

respect on which he agree to do the main work. The time for completion of work may be extended for

the part of the particular job at the discretions of the Engineer-in-Charge, for only such alteration,

additions or substitutions of the work, as he may consider as just and reasonable. The rates for such

additional, altered or substituted work under this clause shall be worked out in accordance with the

following provisions:

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

the contractor is bound to carry out the additional, altered or substituted work at the same rates as are

specified in the contract.

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

for the work, the rates will be derived from the rates for similar class of works as specified in the

contract for the work. The opinion of the Engineer-in-Charge as to whether the rates can be

reasonably so derived from items in the contracts will be final and binding on the contractor.

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

specified in sub- clause (a) and (b) above, then the contractor shall inform the Engineer-in-Charge

of the rate which is his intention to charge for such class of work supported by analysis of the rate

or rates claimed, and the Engineer- in-Charge shall determine the rates on the basis of the prevailing

market rates of materials, labour cost at schedule of labour plus 10% to cover contractor’s

supervision, overheads and profit and pay the contractor accordingly. The opinion of the Engineer-

in-Charge as to the current market rates of materials and the quantum of labour involved per unit of

measurement will be final and binding on the contractor.

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

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

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

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

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

contract work exceed the value stipulated in the contract by more than the limits given in clause (d)

above, the Contractor shall claim revision of the rates supported by the proper analysis in respect of

such items for quantities in excess of the above limits, notwithstanding the fact that the rates for such

items exist in the tender for the main work or can be derived in accordance with the provision of sub-

clause (b) of Clause 62 A, and the Engineer-in-Charge may revise their rates having regard to the

prevailing market rates, and the contractor shall be paid in accordance with the rates so fixed. But,

under no circumstances the contractor shall suspend / stop / slowdown the work on the plea of non-

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settlement of rates of items falling under this clause.

63 VARIATION IN CONTRACT VALUE :

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

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

 Beyond (-) 25% of TCV: Cost compensation @ 10% of reduction in the contract value from (-)

25% of TCV (i.e. 75% of TCV).

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

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

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

64 ACTION WHERE NO SPECIFICATIONS ISSUED:

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

tender documents, such work shall be carried out in accordance with Indian Standard Specifications

and if the Indian Standard Specifications do not cover the same the work should be carried out as

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

65 ABNORMAL RATES:

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

completion of item/work, considering all specifications and conditions of contract. This will avoid

loss of profit or gain, in case of curtailment or change of specification for any item. In case it is

noticed that the rates for any item, quoted by the tenderer are unusually high or unusually low, it will

be sufficient cause for the rejection of the tender unless the Owner is convinced about the

reasonableness of the rates on scrutiny of the analysis for such rate to be furnished by the tenderer

66 INSPECTION OF WORK:

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

wherever in progress either on the Site or at the contractor’s premises / workshop where situated

premises /workshops of any person, firm or corporation where work in connect with the contract

may be in hand or where materials are being or are to be supplied, and the contractor shall afford or

procure for the Engineer-in-Charge every facility and assistance to carry out such Inspection. The

contractor shall at all time during the usual working hours and at all other time for which reasonable

notice of th e intention of the Engineer in-Charge or his representative to visit the works have

been given to the contractor, either himself be present to receive order and instructions or post a

responsible agent duly accredited in writing for the purpose. Orders given to the contractor’s agent

shall be considered to have the same force as if they had been given to the contractor himself. The

contractor shall give not less than seven days, notice in writing to the Engineer-in-Charge before

covering up or placing any work beyond reach of inspection and measurement any work in order

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

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

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

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Charge in writing. The contractor is to provide at all times during the progress of the work and the

maintenance period, proper means of access with ladders, gangways, etc. and the necessary

attendance to move and adopt as directed for inspection or measurement of the works by the Engine

67 ASSISTANCE TO THE ENGINEERS:

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

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

68 TESTS FOR QUALITY OF WORKS:

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

accordance with the instructions of the Engineer-in-Charge and shall be subjected from time to time

to such test at contractor’s cost as the Engineer-in-Charge may direct at place of manufacture or

fabrication or on the site or at all or any such places. The contractor shall provide assistance,

instruments, labour and materials as are normally required for examining, measuring and testing

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

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

shall be carried out at the field testing laboratory of the Owner by paying the charges as decided by

the Owner from time to time. In case of non-availability of test facility with the Owner, the required

test shall be carried out at the cost of contractor at government or any other testing laboratory as

directed by Engineer-in-Charge.

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

supplied by the contractor, such tests shall be carried out by the contractor as per the instructions of

Engineer-in-Charge and cost of such tests shall be reimbursed by the Owner.

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

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

samples shall be submitted before the work is commenced and in ample time to permit tests and

examinations thereof. All materials furnished and finishing applied in actual work shall be fully

identical to the approval samples.

70 ACTION AND COMPENSATION IN CASE OF BAD WORK:

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

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

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

to that contracted for, or otherwise not in accordance with the contract, the contractor shall on

demand in writing from the Engineer-in-Charge or his authorised representative, specifying the

work, materials or articles complained of, notwithstanding that the same have been inadvertently

passed, certified and paid for forthwith shall rectify or remove and reconstruct the works specified

and provide other proper and suitable materials or articles at his own charge and cost, and in the

event of failure to do so within a period to be specified by the Engineer-in-Charge in his demand

aforesaid, the contractor shall be liable to pay compensation at the rate of one percentage of the

estimated cost of the whole work, for every week limited toa maximum of 10 per cent of the

estimated cost of the whole work, while his failure to do so shall continue and in the case of any

such failure the Engineer-in-Charge may on expiry of notice period rectify or remove and re-

executethe work or remove and replace with others, the materials or articles complained of as the

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

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

71 SUSPENSION OF WORKS:

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

temporarily suspend the works or any part thereof for such period and such time as so ordered and

shall not, after receiving such written order, proceed with the work therein ordered to be suspended,

until he shall have received a written order to proceed therewith. The contractor shall not be entitled

to claim/ compensation for any loss or damage sustained by him by reason of temporary suspension

of the works aforesaid. An extension of time for completion, corresponding with the delay caused by

any such suspension of the works as aforesaid will be granted to the contractor, should he apply for

the same, provided that suspension was not consequent to any default or failure on the part of the

72 OWNER MAY DO PART OF WORK:

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

provisions of the contract, the owner has the alternative right, instead of assuming charge for entire

work to place additional labour force, tools, equipments and materials on such parts of the work, as

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

owner shall deduct from the amount which otherwise might become due to the contractor, the cost

of such work and materials with ten percent added to cover all departmental charges and should the

total amount thereof exceed the amount due to the contractor, the contractor shall pay the difference

73 POSSESSION PRIOR TO COMPLETION:

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

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

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

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

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

74 PERIOD OF LIABILITY FROM THE DATE OF COMPLETION OF WORK:

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

date of completion of work, unless otherwise specified. Any damage that may lie undiscovered at

the time of issue of completion certificate, connected in any way with the equipment or materials

supplied by him or in the workmanship shall be rectified or replaced by the contractor at his own

expense as deemed necessary by the Engineer-in-Charge or in default, the Engineer-in-Charge may

cause the same made good by other workmen and deduct expenses (for which the certificate of

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

due to the contractor or from his security deposit. In case the defect arises within the abovementioned

Defect Liability Period (DLP) and the same is repaired/replaced, the DLP for the repaired/replaced

job/item will be extended suitably so as to cover the original DLP. However, in no case, such

extension will exceed 24 months from date of start of initial DLP.

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

beneficial or necessary to fulfill the guarantee called for, he shall bring this to the notice of the

Engineer-in-Charge in writing. The work will not be considered as complete and taken over by the

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Owner until all the temporary works etc., constructed by the contractor is removed and work site

cleaned to the satisfaction of Engineer-in-Charge.

74.3 Care of Works:

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

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

the works or to any part thereof or to any temporary work, from any cause whatsoever, he shall at

own cost repair and make good the same, so that at completion, the work shall be in good order and

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

74.4 Effects prior to taking over:

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

a) Decide that any work done or materials used by the contractor or any sub-contractor is defective or

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

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

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

specifying particulars of the defects alleged to exist or to have occurred, then the contractor shall at

his own expenses and with all speed make good the defects so specified.

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

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

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

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

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

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

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

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

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

the Owner shall be deemed to have taken over the works on the date so certified. If the works have

been divided into various groups in the contract, the Owner shall be entitled to take over any group or

groups before the other or others and thereupon the Engineer-in-Charge shall issue a completion

certificate which will however, be for such group or groups as taken over only.

74.5 Defects after taking over:

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

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

workmanship or any act of omission of the contract that may have been noticed or developed after

the works or group of the works has been taken over. The period allowed for carrying out such work

will be normally one month. If any defect be not remedied within a reasonable time, the Owner may

proceed to do the work at the contractor’s risk and expense and deduct from the final bill such

amount as may be decided by the Owner. If by reason of any default on the part of the contractor a

completion certificate has not been issued in respect of every portion of the work within one month

after the date fixed by the contract for the completion of the works, the Owner shall be at his liberty

to use the works or any portion thereof in respect of which a completion certificate has been issued

provided that the works or the portion thereof so used as aforesaid shall be afforded reasonable

opportunity for completing these works for the issue of completion certificate.

74.6 The Security Deposit/retention money deducted / furnished as per clause 18 of GCC shall be retained

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for the period of liability as given in clause 74.1 above. This Retention amount or Bank Guarantee

furnished against Security Deposit/retention money shall be released only on expiry of the period of

liability and also based on the certification of the Engineer-in-charge that no defect/damage has been

reported / observed during the stipulated period of liability for the contract.

74.7 Performance of contractor shall be evaluated on each job by Engineer-in-Charge and recorded.

Review of performance will be carried out at appropriate intervals by BPCL.

BILLS / MEASUREMENT / PAYMENT

75 SCHEDULE OF RATES AND PAYMENTS:

i) Contractor’s Remuneration

The price to be paid by the Owner to contractor for the whole of the work to be done and the

performance of all the obligations undertaken by the contractor under the contract documents shall

be ascertained by the application of the respective item rates (the inclusive nature of which is more

particularly defined by way of application but not of limitation, with the succeeding sub-clause of

this clause) and payment to be made accordingly for the work actually executed and approved by the

Engineer-in-Charge. The sum so ascertained shall (excepting only as and to the extent expressly

provided herein) constitute the sole and inclusive remuneration of the contractor under the contract

and no further payment whatsoever shall be or become due or payable to the contractor under the

ii) Schedule of rates to be inclusive:

The prices/rates quoted by the contractor shall remain firm till the issue of final completion

certificate and shall not be subject to escalation. Schedule of rates shall be deemed to include and

cover all costs, expense and liabilities of every description and all risk of every kind to be taken in

executing, completing and handing over the work to the Owner by the Contractor. The Contractor

shall be deemed to have known the nature, scope, magnitude and the extent of the works and

materials required, though the contract document may not fully and precisely furnish them. He shall

make such provision in the item rates as he may consider necessary to cover the cost of such items

of work and materials as may be reasonable and necessary to complete the works. The opinion of

the Engineer-in- Charge as to the items of work which are necessary and reasonable for completion

of work shall be final and binding on the contractor, although the same may not be shown on or

described specially in contract documents.

Generality of this present provision shall not be deemed to cut down or limit in any way because in

certain cases it may and in other cases it may not be expressly stated that the contractor shall do or

perform a work or supply articles or perform services at his own cost or without addition of payment

or without extra charges or words to the same effect or that it may be stated or not stated that the

same are included in and covered by the schedule of rates.

iii) Schedule of Rates to Cover Constructional Equipments, Materials, Labour etc.

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Without in any way limiting the provisions of the preceding sub-clause the schedule of rates shall

be deemed to include and cover the cost of all constructional equipment, temporary work (except as

provided for herein), pumps, materials, labour, the insurance, fuel, stores and appliances to be

supplied by the contractor and other matters in connection with each item in the schedule of rates

and the execution of the works or any portion thereof, finished, complete in every respect and

maintained as shown or described in the contract documents or may be ordered in writing during

the continuance of this contract.

iv) Schedule of Rates to cover Royalties, Rents and Claims:

The Schedule of Rates shall be deemed to include and cover the cost of all royalties and fees for the

articles and processes, protected by letters, or otherwise incorporated in or used in connection with

the works, also all royalties, rents and other payments in connection with obtaining materials of

whatsoever kind for the works and shall include an indemnity to the Owner which the contractor

hereby gives against all actions, proceedings, claims damages, costs and expenses arising from the

incorporation in or use on the works of a such articles, processes or materials, Octroi or other

municipal or local Board charges levied on materials, equipment or machineries to be brought to site

for use on work shall be borne by the contractor.

v) Schedule of Rates to Cover Taxes and Duties:

No claim or exemption or reduction of customs duties, GST, quarry or any port dues, transport

charges, stamp duties or Central or States Government or Local Body or Municipal Taxes or duties,

taxes or charges (from or of any other body), whatsoever, will be granted or obtained, all of which

expenses shall be deemed to be included in and covered by the Schedule of Rates. Contractor shall

also obtain and pay for all permits, or other privileges necessary to complete work.

vi) Schedule of Rates to cover Risk of Delay:

The schedule of Rates shall be deemed to include and cover the risk of all possibilities of delay and

interference with the contractors conduct of work which occur from any cause including orders of

owner in the exercises of his powers and on account of extension of time granted due to various

reasons and for all other possible or probable cause of delay.

vii) Schedule of Rates cannot be altered:

For work under unit rate basis, no alteration will be allowed in the schedule of Rates by reason of

work or any part of them being modified, altered, extended, diminished or omitted. The schedule

of Rates are fully Inclusive rates which have been fixed by the contractor and agreed to the Owner

and cannot be altered.

For lump sum contract, the payment will be made according to the work actually carried out for

which purpose an item wise or workwise, Schedule of rates shall be furnished, suitable for

evaluating the value of work done and preparing running account bills.

76 PROCEDURE FOR MEASUREMENT / BILLING OF WORK IN PROGRESS:

i) Measurements:

All measurements shall be in metric system. All the works in progress will be jointly measured by

the representative of the Engineer-in-Charge and the Contractor’s authorize agent progressively.

Such measurement will be got recorded in the measurement book by the Engineer-in-Charge or his

authorized representative and signed in token of accepted by the contractor or his authorized

representative.

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For the purpose of taking joint measurement the contractor’s representative shall be bound to be

present whenever required by the Engineer-in-Charge. If, however, he absents for any reason

whatsoever the measurement will be taken by the Engineer-in-Charge or his representative and this

will be deemed to be correct and binding on the contractor.

The contractor will submit a bill to the Engineer-in-Charge of the work giving abstract and detailed

measurements for the various items executed during a month, before the expiry of the 1st week of

the succeeding month. The Engineer-in-Charge shall take or cause to be taken the requisite

measurements for the purpose of having the same verified and the claim, as far as admissible,

adjusted, if possible, before the expiry of 10 days from presentation of the bill.

iii) Dispute in Mode of Measurements:

In case of any dispute as to the mode of measurement not covered by the contract to be adopted for

any item of work, mode of measurement as per latest Indian Standard Specifications shall be

77 LUMPSUMS IN TENDER:

For the items in tender where it includes lumpsum in respect of parts of work, the contractor shall

be entitled to payment in respect of the items at the same rates as are payable under this contract for

such items, or if part of the work in question is not In the opinion of the Engineer-in-Charge capable

of measurement of determination, the owner may at his discretion pay the lumpsum amount entered

In the tender or a percentage thereof and the certificate In writing of the Engineer-in-Charge shall

be final and conclusive against the contractor with regards to any sum or sums payable to him under

the provisions of the clause.

78 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS ADVANCES:

All running account payments shall be regarded as payment by way of advance against the final

payment only and not as payments for work actually done and completed and shall not preclude the

requiring of bad, unsound and imperfect, or unskilled work to be removed and taken away and

reconstructed or re-erected or be considered as an admission of the due performance of the contract,

or any part thereof in this respect, or of the accruing of any claim by the contractor, nor shall it

conclude, determine or affect in any way the powers of the Owner under these conditions or any of

them as to the final settlement and the adjustments of the accounts or otherwise, or in any other way

vary or affect the contract.

The final bill shall be submitted by the contractor within one month of the date of physical

completion of the work, and settled immediately but not later than 60 days otherwise the Engineer-

in charge’s certificate of the measurement and of total amount payable for the work accordingly

shall be final and binding on all parties. The final bill shall be presented by the contractor along with

‘No claim certificate’ in a format acceptable to the owner or such other documents as directed by

Should the contractor consider that he is entitled to any extra payment for extra job carried out

whatsoever in respect of the works, he shall forthwith give notice in writing to the Engineer-in-

Charge that he claims extra payment for the extra work. Such notice shall be given to the Engineer-

in-Charge within one week from the ordering of any extra work or happening of any event, upon

which the contractor bases such claims, and such notice shall contain full particulars of the nature

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of such claim with full details and amount claimed. Failure on part of the contractor to put forward

any claim with the necessary particulars as above within the time above specified shall be an absolute

waiver thereof. No omission by the owner to reject any such claim and no delay in dealing therewith

shall be waiverby the owner of any rights in respect thereof.

80 PAYMENT OF CONTRACTOR’S BILL:

Generally no payment shall be made for works estimated to cost less than Rs. 50,000/- till the whole

of the work shall have been completed. But in case of works estimate to cost more than Rs. 50,000/-

the contractor on submitting the bill thereof be entitled to receive a monthly payment proportion to

the part thereof approved and passed by the

Engineer-in-Charge, whose certificate of such approval and passing of the sum so payable shall be

final and conclusive against the contractor. This payment will be made after making necessary

deductions as stipulated elsewhere in the contract document for materials, security deposit or any

moneys due to the Owner etc.

75% payment of the Running Account bill (RA bill) shall be released within 15 calendar days of

receipt of RA bill duly certified by Engineer-in-charge (EIC) and the balance payment shall be

released within 30 days of receipt of RA bill by EIC after detailed scrutiny.

81 CONCLUSION OF CONTRACT:

In a situation where the L1 bidder is not lowest for some specific line items and the L1/L2 parity

is likely to be affected during the execution of the contract, due to variation in quantities of

individual line items in contract based on site conditions, then the final payment could be

restricted to ensure that the overall total payment of the executed work does not exceed the overall

amount that would have been payable to the then L1 as per the latter’s quoted rates.

82 MODE OF PAYMENT:

Payment will be made to the contractor normally through NEFT mode.

82A Bill discounting through TreDs

The eligible MSME bidders can avail 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 and M/s. M1 xchange. 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.

83 COMPLETION CERTIFICATE:

83.1 Application for Completion Certificate:

When the contractor fulfills his obligation under clause 74.4, he shall be eligible to apply for

completion certificate. The contractor may apply for separate completion certificate respect of each

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such portion of the work by submitting the completion documents along with such application for

completion certificate.

The Engineer-in-Charge shall normally issue to the contractor the completion certificate within one

month after receiving an application therefore from the contractor after verifying from the

completion documents and satisfying himself that the work has been completed in accordance with

and as set out in the construction and erection drawings and the contract documents.

The contractor, after obtaining the completion certificate is eligible to present the final bill for the

work executed by him under the terms of contract.

83.2 Completion Certificate:

The contractor shall be furnished with a certificate by the Engineer-in-Charge of such completion,

but no certificate shall be given nor shall the work be deemed to have been executed until all

scaffolding surplus materials and rubbish is cleared off the site completely or until the work shall

have been measured by the Engineer-in-Charge whose measurement shall be binding and

conclusive. The work will not be considered complete and taken over by the Owner, until all the

temporary works, labour and staff colonies etc. constructed are removed and the work site cleaned

of all debris etc., as described in clause in 83.3 below and to the satisfaction of the Engineer-in-

If the contractor shall fail to comply with the requirements of this clause on or before the date fixed

for the completion of the work, the Engineer-in-Charge may at the expenses of the contractor remove

such scaffolding, surplus materials and rubbish and dispose off the same as he thinks fit and clean

off such dirt as aforesaid, and the contractor shall forthwith pay the amount of all expenses so

incurred and shall have no claim in respect of any such scaffolding or surplus materials as aforesaid

except for any sum actually realised by the sale thereof.

83.3 Clearing the site:

Cart away all debris generated from the work and dispose it off without giving rise to any complaints

from local, municipal or government authorities. Metal scraps or any other scrap including wooden

packing materials shall be disposed as instructed by the Engineer-in-Charge or as follows:

a) All unused scrap steel bar/ structural steel sections/pipe materials etc., (Free issue by owner) shall

be the property of the owner and the same shall be returned by the contractor category-wise at their

own cost to Owner’s store. The weighment slip issued by the Warehouse (in original) is required to

be attached along with the final bill/ material reconciliation statement. In case, the material is

supplied by the contractor, as per their scope of work, the scrap material generated out of the same

should be taken out at their own cost before the settlement of the final bill.

b) Insulation material (either issued by owner to the contractor or supplied by contractor) shall be kept

in the area allocated by owner. During the insulation activities, the contractor should keep the work

area clean on day-to-day basis. On completion of insulation job, all debris/packing should be taken

out to the designated location or as directed by the Engineer in charge for disposal at their own cost

before the settlement of the final bill.

83.4 The financial implication of above, if any, should be taken care of in the quoted rates; and no separate

claim shall be entertained on this account. The final bill of the contractor shall be linked with the area

cleaning in all respects, including removal of shuttering material, disposal of debris/scrap etc. to the

entire satisfaction of Engineer-in- Charge.

84 FINAL DECISION AND FINAL CERTIFICATE:

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Upon Expiry of the period of liability and subject to the Engineer-in-Charge being satisfied that the

works have been duly maintained by the contractor during monsoon or such period as herein before

provided in clause 74 and that the

contractor has in all respect duly made up any subsidence and performed all his obligations under

the contract, the Engineer-in-Charge shall (without prejudice to the rights of the Owner to retain the

provisions of relevant clause hereof) give a certificate herein referred to as the final certificate to that

effect. The contractor shall not be considered to have fulfilled the whole of his obligations under the

contract until Final Certificate have been given by the Engineer- in-Charge notwithstanding any

previous entry upon the work and taking possession, working or using of the same or any part thereof

85 CERTIFICATE FOR PAYMENTS AND EVIDENCE OF COMPLETION:

Except the final certificate, no other certificate or payments against a certificate or on general account

shall be taken to be an admission by the Owner of the due performance of the contract or any part

thereof or occupancy or validity of any claim by the contractor.

SECTION VII TAXES/DUTIES/INSURANCE

86. TAXES AND DUTIES:

The contractor agrees to and does hereby accept full and exclusive liability for the payment of any

and all taxes, duties, etc. now in force or hereafter Imposed, increased or modified, from time to

time in respect of work and materials and all contributions and taxes for unemployment

compensation, insurance and old age pensions or annuities now or hereafter imposed by anyCentral

or State Government authorities which are imposed with respect to or covered by the wages, salaries,

or other compensations paid to the persons employed by the contractor and the contractor shall be

responsible for the compliance with all obligations and restrictions imposed by the Labour Law orany

other law affecting employer - employee relationship and the contractor further agrees to comply

and secure the compliance by all sub- contractors, with all applicable Central, State, Municipal and

local laws and regulations and requirements of any Central, State or Local Government agency or

authority. Contractor further agrees to defend, indemnify and hold harmless from any liability or

penalty which may be Imposed by the Central, State of Local Authority by reason of any violation

by contractor or sub-contractor of such laws, regulations or requirements and also from all claims,

suits or proceeding that may be brought against the Owner arising under, growing out of, or by reason

of the work provided for by this contract by third parties, or by Central or State Government authority

or any administrative sub-division thereof.

86.1 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 ofapplicable 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 tocases 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 oras mentioned

anywhere else in the tender as applicable. However, GST amount of the Invoices shall be paid only

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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.

86.2 In case of vendors for whom deferment of GST amounts were not done, anyloss 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 tillsuch default is either rectified or made good by the VENDOR and the OWNER is satisfied

that it is in a position to claim valid input tax credit within the timelines as per applicable laws.

86.3 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 defaulton the part of VENDOR shall be borne by the VENDOR. An amount

equivalent to such cost, liability, dues, penalty, fees, and interest as the case may be shall be

reimbursed by the VENDOR within 30 days. Any GST as may be applicable on such recovery of

amount shall also be borne by VENDOR and same shall be collected by the OWNER.

Contractor shall at his own expenses carry and maintain insurance with reputable insurance

companies to the satisfaction of the Owner as follows:

i) Employees State Insurance Act:

The Contractor agrees to and does hereby accept full and exclusive liability for the compliance with

all obligations imposed by the Employees State Insurance Act, 1948, and the contractor further

agrees to defend, indemnify and hold Owner harmless from any liability or penalty which may be

imposed by the Central, State or Local Authority by reason of any asserted violation by contractor

or sub-contractor, of theEmployee State Act, 1948 and also from all claims suits or proceedings that

may be brought against the Owner arising under, growing out of or by reason of the work provided

for by this contract whether brought by employees of the contractor, by third parties or by Central or

State Government authority or any politicalsub-division thereof.

The contractor agrees to filing, with the Employees State Insurance Corporation, the Declaration

Forms and all forms which may be required in respect of the contractor’s or sub-contractor’s

employees whose aggregate remuneration as fixed by the concerned authorities and who are

employed in the work providedfor or those covered

by ESI Act under any amendment to the Act from time to time. The contractor shall deduct and

secure the agreement of the sub-contractor to deduct the employee’s contribution as per the first

schedule of the Employee State Insurance Act from wages and affix the Employee’s contribution

Cards at Wages payment intervals. The contractor shall remit and secure the agreement of the sub-

CRFQ NO. 1000462435 E-TRNDER NO. -

contractor to remit to the authorized bank, Employee’s State Insurance Corporation Account, the

Employee’s contribution as required by the Act. The contractor agrees to maintain all Cards and

records as required under the Actin respect of employees and the payments and the contractor shall

secure the agreement of the subcontractor to maintain such records. Any expenses incurred for the

contribution, making contribution or maintaining records shall be to the contractor’s or sub-

contractor’s account.

The Owner shall retain such sum as may necessary, from the total contract value until contractor

shall furnish satisfactory proof that all contributions as required by the Employees State Insurance

Act, 1948, have been paid.

ii) Workman’s Compensation and Employee’s Liability Insurance:

Insurance shall be effected for all the Contractor’s employees engaged in the performs of this

contract, if any of the work is sublet, the contractor shall require the sub-contractor to provide

workman’s compensation and employer’s liability Insurance for the latter’s employees if such

employees are not covered under the contractors insurance.

iii) Any other Insurance Required Under Law or Regulations or by Owner:

Owner shall cover Project Material and Equipments under and over all Marine-cum-Erection

Insurance Policy. Contractor shall carry and maintain any and all other insurance which be required

under any law orregulation from time to time. He shall also carry and main any other insurance

which may be required by the Owner.

iv) Automobile Liability Insurance:

Contractor shall take out an Automobile Liability Insurance to cover all risks to Owner for each of

his vehiclesplying on works of this contract and these insurance shall be valid for the total contract

period. No extra payments will be made for this insurance. Owner shall not be liable for any damage

or loss not made good by the insurance company, should such damage or toss result from

unauthorised use of the vehicle.

88. DAMAGE TO PROPERTY:

i) Contractor shall be responsible for making good, to the satisfaction of the Owner any loss of and any

damage to all structures and properties belonging to the Owner or being executed or procured or

being procured by the Owner or of other agencies within the premise all the work of the Owner, if

such loss or damage is due to fault and/or the negligence willful acts or omission of contractor, his

employees, agents,representative or \ sub-contractor.

ii) The contractor shall indemnify and keep the Owner harmless of all claims for damage to property

other thanOwner’s property arising under or by reason of this agreement if such claims results from

the fault and/or negligence or willful acts or omission of contractor, his employees, agents,

representatives or sub-contractors.

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LABOUR LAWS AND OTHER REGULATIONS

89 LABOUR LAWS:

i) No labour below the age of eighteen years shall be employed on the work.

ii) The contractor shall not pay less than what is provided under the Minimum Wages Act for the

applicable trade or category of workman to the worker engaged by him on the work and also ensure

that any sub- contractors engaged by him also pay not below the applicable minimum wages under

the Act and hold the company, indemnified in respect of any claims that may arise in respect or non-

compliance with this requirements.

iii) The contractor shall observe all the formalities required under the provisions of the contract labour

(Regulation and abolition) Act 1970 and the rules made thereunder and as may be amended from

time to time. He shall pay the required deposit under the Act Appropriate to the number of workmen

to be employed by him or through sub-contractor and get him self registered under the Act. He shall

produce the certificate of registration granted by the Govt. authority under the Act to the company

before commencement of work. The company recognises only the contractor and not his sub-

contractors under the provisions of the Act. The contractor will have to submit daily a list of his

employees, who will be entering the Company’s premises for the work awarded. He will also keep

his wage register available at all times as close to the work site as possible and produce the same

for inspection whenever required by designated Company officials. If the company so desires, a

deposit may be taken from the Contractor to be refunded only after the Company is satisfied that all

the workmen employed by the contractor have been fully paid for the period of work in Company’s

premises at least at rates equal to or better than wages provided for under the Minimum Wages Act.

iv) The Contractor will comply with the provisions of the employee’s Provident Fund Act and the Family

Pension Fund Act as may be applicable and as amended from time to time. Contractor shall obtain

their own provident fund account number. Offer of the contractor who does not have provident fund

account will be liable for rejection.

v) The Contractor will comply with the provisions of the Payment of Gratuity Act 1972 as may be

applicable and as amended from time to time.

90 IMPLEMENTATION OF APPRENTICES ACT 1961:

The Contractor shall comply with provisions of the Apprentices Act 1961 and the Rules/orders issued

thereunder from time to time. If he fails to do so, his failure will be breach of the contract and the

Engineer-in-Charge may, at his discretion, cancel the contract. The contractor shall also be liable for

any pecuniary liability arising on account of any violation by him of the provision of the act.

91 CONTRACTOR TO INDEMNIFY THE OWNER:

i) The contractor shall indemnity the owner and every member, officer and employee of the Owner,

also the Engineer-in-Charge and his staff against all actions, proceedings, claims, demands, costs,

and expenses whatsoever arising out of or in connection with the matters referred to in clause

and all actions/ proceedings, claims, demands, costs and expenses which may be made against the

Owner for or in respect of or arising out of any failure by the contractor in the performance of his

obligations under the contract documents. The Owner shall not be liable for or in respect of any

demand or compensation payable by law in respect of or in consequence of any accident or injury to

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any workmen or other person in the employment of the contractor or his sub-contractor and

contractor shall indemnify and keep indemnified the Owner against all such damages and

compensations and against all claims, damage, proceedings, costs, charges and expenses

whatsoever, thereof or in relation thereto.

ii) Payment of Claims and Damages:

Should the Owner have to pay any money in respect of such claims or demands as aforesaid the

amount so paid and the costs incurred by the Owner shall be charged to and paid the Contractor and

the contractor shall not be at liberty to dispute or question the rig of the Owner to make such

payments notwithstanding the same may have been made without his consent or authority or in law

or otherwise to the country.

In every case to which by virtue of the provisions of Section 12, sub-section (I) of workmen’s

compensation Act 1923 or other applicable provisions of workmen’s Compensation Act any other

Act, the Owner is obliged to pay compensation to a workmen employed by contractor in execution

of the works, the Owner will recover from the contractor the amount of compensation so paid and

without prejudice to the rights of Owner under Section 12 sub-section (2) of the said Act. Owner

shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit

or from any sum due to the contractor whether under the contract or otherwise. The Owner shall not

be bound to contest any clime made under Section 12, sub-section (I) of the said Act except on the

written request of contractor and upon his giving to the Owner full security for all costs for which

the Owner might become liable on consequence of contesting such claims.

92 Employment Liability:

a) The contractor shall be solely and exclusively responsible for engaging or employing persons for the

execution of work. All employees engaged by the contractor shall be on his/ their payroll and paid

by him/ them. All disputes or differences between the contractor and his/ their employees shall be

settled by him/ them. Owner has absolutely no liability whatsoever concerning the employees of the

contractor. The contractor shall indemnify owner against all loss or damage or liability arising out

of or in the course of his/ their employees. The contractor shall make regular and full payment of

wages without giving any complaint by any employee of the contractor or his sub-contractor

regarding non-payment of wages/ salaries or other dues. Owner reserves the right to make such

payments directly, to such employee or sub-contractor of the contractor and recover the amount in

full from the bills of Contractor, and the contractor shall not claim any compensation or

reimbursement thereof. The Contractor shall comply with the Minimum Wages Act applicable to

the area with regard to payment of wages of his employees and also of employees of his sub-

b) The Contractor shall advise in writing to all of his employees and the employees of his sub-

contractor as follows:

It is fully understood that your appointment and/ or deployment is only in connection with the

owner and it does not give you any right of claim for employment by owner.

93 (a) HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS:

In respect of all labour directly employed in the works for performance of the contractor’s par this

agreement, the contractor shall comply with or cause to be complied with all the rules and regulations

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of the local sanitary and other authorities or as framed by the Owner from time to time for the

protection of health and sanitary arrangements for all workers.

(b) MEDICAL FITNESS CERTIFICATION:

Contractor shall follow guidelines for medical fitness certification of workers employed for

working at height more than 30 metres using temporary structures.

94 SAFETY REGULATIONS:

i) In respect of all labour, directly or indirectly employed In the work for the performance of

contractor’s part of this agreement, the contractor shall at his own expenses arrange for all safety

provisions as per safety codes of C.P.W.D. Indian Standard Institution, the Electricity Act, The

Mines Act and any such other acts as applicable.

ii) The Contractor shall ensure that he, his sub-contractor and his, or their personnel or representatives

shall comply with all Fire / Safety regulations issued from time to time by the Company or otherwise

howsoever and should any injury resulting in death or not or loss / or damage due to Fire to any

property or a portion thereof, occurred as a result of failure to comply with such regulations, the

contractor shall be held responsible for the consequences thereof and shall keep the company

harmless andindemnified.

95 ARBITRATION:

Any dispute or difference whatsoever arising out of or in connection with this Agreement

including any question regarding its existence, validity, construction, interpretation, application,

meaning, scope, operation or effect of this contract or termination thereof shall be referred to and

finally resolved through arbitration as per the procedure mentioned herein below :

(a) The dispute or difference shall, in any event, be referred only to a Sole Arbitrator

(b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum

of Arbitration Rules for the time being in force or as amended from time to time

(c) The Seat of arbitration shall be at (Region/HQ from where the tender has been floated)

(d) The proceedings shall be conducted in English language

(e) The cost of the proceedings shall be equally borne by the parties, unless otherwise directed by the

Sole Arbitrator.

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

provisions of commercial contract(s) between the Central Public Sector Enterprises (CPSEs)/Port

Trusts inter se and also between CPSEs and Government Departments/Organizations (excluding

disputes concerning Railways, Income Tax, Customs & Excise Departments*), such dispute or

difference shall be taken up by either party for its resolution through AMRCD as mentioned in

DPE OM no.4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018.

(* The exclusion would also include disputes concerning GST, State level Sales Tax / VAT etc;

though not mentioned explicitly)

96 JURISDICTION:

The contractor shall be governed by the Laws in force in INDIA. The contractor hereby submits to

the jurisdiction of the Courts situated at Mumbai/(Ernakulam-in the case of Kochi Refinery), for the

purpose of actions and proceedings arising out of the contract and the courts at Mumbai/(Ernakulam-

in the case of Kochi Refinery), only will have jurisdiction to hear and decide such actions and

97 ORDER OF PRECEDENCE FOR WORKS / SERVICES CONTRACTS:

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1. Contract Agreement (in GCC)

2. Detailed letter of Acceptance along with its enclosures

3. Letter of Award / Fax of Acceptance

4. Job Specifications (specific to particular job only)

6. Special Conditions of Contract (SCC)

7. Technical Specifications

8. Instructions to Bidders

9. General Conditions of Contract (GCC)

10. Other Documents

Additionally, any variation or amendment / change order issued after signing of formal contract

shall take precedence over respective clauses of the formal contract and its Annexures.

98 LIMITATION OF LIABILITY

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total

Contract Price, except that this Clause shall not limit the liability of the Contractor for following:

(a) In the event of breach of any Applicable Law;

(b) In the event of fraud, willful misconduct or illegal or unlawful acts, or gross negligence of the

Contractor or any person acting on behalf of the Contractor; or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules

of diligence which a conscientious Contractor would have followed in similar circumstances; or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property; or

(e) For any damage to any third party, including death or injury of any third party caused by the

Contractor or any person or firm acting on behalf of the Contractor in executing the Works. Neither

Party shall be liable to the other Party for any kind of indirect nor 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.

99 POLICE VERIFICATION OF CONTRACT STAFF AND TRANSPORT CREW AT LOCATION:

The Contract staff should submit the following documents for enabling them to enter the location:

i) Police verification certificate issued by the police (PVC)

ii) Photocopy of Aadhaar Card (Original to be cross checked)

iii) Assurance certificate from the Vendor / Contractor /transporter

The contractor shall not at any time do, cause or permit any nuisance on site or do anything which

shall cause unnecessary disturbance or inconvenience to Corporation, tenants or occupiers of other

properties near the site and to the general public.

101 BUILDING AND OTHER CONSTRUCTION WORKERS CESS:

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

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

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

and Other Construction Workers Welfare Cess Act 1996’.

ii) The contractor must be registered with the concerned authorities under the Building and other

Construction Workers‟ (RE&CS) Act, 1996 or in case of non-registration; the contractor should

obtain registration within one month of the award of contract.

iii) The contractor shall be responsible to comply with all provisions of the Building and Other

Construction Workers‟ (RE&CS) Act, 1996, the Building and other Construction Workers‟ Welfare

Cess Act, 1996, the Building and other Construction Workers‟ (RE&CS) Rules, 1998 and the

Building and other Construction Workers Welfare Cess Rules,

iv) Cess, as per the prevailing rate (presently 1%), shall be deducted at source from bills of the contactors

by the Engineer-in-Charge and remitted to the “Secretary, Building and other Construction Workers

Welfare Board” of the concerned State.

v) The contactor shall be responsible to submit final assessment return of the Cess amount to the

assessing officer after adjusting the Cess deducted at source.

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MEMORANDUM OF AGREEMENT

An agreement made this day of 20 between BHARAT PETROLEUM

CORPORATION LIMITED a Company Incorporated in India and having its registered office at Ballard Estate, Mumbai, (herein

after referred to as ‘the Company’ which expression shall include its heirs, legal representatives, successors and permitted

assignees) of the one part, and

(herein after referred to as “The Contractor” which expression shall include its heirs, legal representatives,

successors and permitted assignees) of the other part, whereby it is agreed:-

1. The Contractor shall carry out and complete the work as mentioned in the Purchase order/Contract No. dated

, (hereinafter referred to as “the work”) for the Company at its specified site to its complete satisfaction in accordance with the

specifications, schedule of rates and plans attached as per Purchaseorder/Contract and with the instructions given from time to

time, by the Company’s authorized engineer under whose supervision the work shall be-executed. The parties hereto agree that

this agreement shall be effective from the date of the aforesaid Purchase Order/Contract.

2. Inspection of site: The Contractor has been given an opportunity before or at the time of the entrusting of the work to him of

making an inspection of the site to set at rest any doubt he may have had about the difficulties attending his offer, and any

difficulties which may be met with by him in the course of the execution of the work shall neither relieve him from fulfilling the

terms of this Agreement, nor entitled him to claim extra payment or an extension of the period stipulated for the completion of

the work, except where it will be agreed by the Company’s authorized Engineer that such difficulties could not have been foreseen.

3. Supply of Labour and Materials: The Contractor shall furnish all labour, materials, equipment or tools necessary for the

construction of the work, except such materials, equipment or tools as will be supplied by the Company and are detailed in

Purchase order/Contract. The contractor will assume full responsibility for the protection and safety of the work during its

construction. The details and dimensions shown on the said plans referred to in the Purchase order/Contract shall be strictly

adhered to by the contractor and no alterations shall be made therein unless previous sanction thereto has been given in writing

by the Company.

(a) The Contractor shall prepare detailed and shop drawings and any other data required.

(b) All materials supplied by the Contractor shall be of the best quality. The Contractor shall at his own cost arrange for

and/or carry out any test of materials, which the Company’s authorized Engineer may require.

(c) The Contractor shall at the request of the Company’s authorized Engineer immediately dismiss from the work any person

employed thereon who, in the opinion of the Company’s authorized Engineer, is unsuitable or incompetent or who, has

been guilty of misconduct, and such person shall not again be employed or allowed on the works without the permission

of the Company, in writing.

4. E. & O. E. No advantage is to be taken either by the Company or the Contractor of any clerical error or mistake, which may occur

in the specification, schedule of rates, plans, tender or any other papers supplied to or by the contractor in connection with the

5. Damage on account of Incomplete work: The Contractor shall commence the work and shall complete the work as

mentioned in Purchase order/Contract failing which the Contractor shall pay or allow to the Company to recover as liquidated

damages, at the rate of minimum 0.5% per week of delay or part there of up to a maximum of 5% of the total contract value, if

Liquidated damages clause is made applicable in the contract. Such damages may be deducted by the Company from any amount

due to the contractor; otherwise they shall be recoverable by lawful means.

6. a) Determination of the Agreement: The company shall, at any time, be entitled to determine and terminate the contract,

if in the opinion of the company, the cessation of the work becomes necessary owing to paucity of funds or for any other cause

whatsoever. On such determination / termination, the cost of approved materials,

brought by the contractor and lying at the site, at current market rates as verified and approved by company’s engineer and of the

value of the work done to date by the contractor shall be paid for in full at the rate specified in the contract. A notice in writing

from the company to the contractor of such determination and termination and reasons therefore shall be the conclusive proof of

the fact that the contract has been so determined and terminated by the company.

Should the contract be determined as above and the contractor claims payment to compensate expenditure incurred by him in the

expectation of completing the work, the company shall consider and admit such claim as are deemed fair and reasonable and are

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supported by the vouchers to satisfaction of the engineer-in-charge. The company’s decision on the necessity and propriety of such

expenditure shall be final and conclusive and binding on the contractor.

The contractor shall not be entitled to get any possible loss of profit that he could have earned had the contract been not determined

/ terminated under the above clauses of this article.

b) Termination/Offloading: The contractor fully understands that timely completion of the work as per the schedule is of

paramount necessity as otherwise it would lead to adversely affecting the schedules of other works/project with resultant financial

and other losses to the Company. In view of this, the contractor unconditionally agrees and binds himself to be liable for all the

consequences for non-completion of the work within the stipulated time.

In case a situation is brought about by the contractor warranting termination/off-loading of the whole or any part of the work for

any reason whatsoever, the Company shall have the liberty and right to entrust/engage/award the work so terminated off loaded at

the risk and cost of the contractor to any other agency/contractor by adopting any mode of inviting tenders, i.e. open/limited/single

party/negotiation basis etc. in order to ensure completion of the work as per the schedule or at the quickest possible time.

7. Defective Work / Materials: If the work done by the Contractor or any part there of shall be found defective in workmanship

or by reason of bad or inferior materials used, then in such case he shall at his own risk and cost without delay, demolish all such

defective work and rebuild or replace the same in a satisfactory manner. The Company may, if necessary, at the cost and risk of

the Contractor, temporarily stop all other activities by the Contractor in connection with the work until such time as the defective

work has been rebuilt or replaced at the Contractor’s cost. In case of default on the part of the contractor to remove defectives work

and rebuild or replace the same without delay and in a manner satisfactory to the Company, the Company shall be entitled to

employ another Contractor or its own workman to carry out the removal and rebuilding or replacing at the risk and cost of the

8. Substitution of Contractor : If the Company finds it necessary to employ a person or persons for the purposes provided in

clauses 6 (b) and 7 above, then the Company may deduct and retain from out of the sums due to the contractor all such amounts

as they may require to pay or to reimburse themselves there from in respect of the costs and expenses which they have incurred

in completing the work and or in removing defective work and rebuilding or replacing the same in a manner satisfactory to the

Company and if such amounts be more than the sums due or thereafter becoming due to the Contractor, than the balance, shall be

a debt recoverable from the Contractor by the Company. The Contractor shall not in any manner do or cause to be done any act,

matter or things whatsoever to prevent the person or persons so employed by the Company from removing defective work and re-

building or replacing the same in a manner satisfactory to the Company and/or from, completing the work in the manner aforesaid.

9. Removal of Material: On the Determination of the Agreement as referred to in Clause 6, the Contractor shall at his own risk

and cost remove from site within Seven days all his materials, equipment and tools. It is agreed that in case of such determination

the company shall be entitled to purchase from the Contractor such materials as will be approved by the Authorized Engineer of

the Company at the prices then current. If the Contractor does not remove the other materials, equipment and tools which he has

been asked to remove within the time prescribed as aforesaid, the Company may remove and sell the same holding the proceeds

less the cost of storage, removal and sale to the credit of the Contractor. Should Company incur any loss in respect of the sale, it

shall be entitled to recover same from the Contractor.

10. Inspection of work: Inspection will be made periodically during the progress of the work by the authorized Engineer of the

Company and all work performed must be of acceptable quality of which the said Engineer-in- Charge will be the sole judge.

11. Supervision: The Contractor shall during the whole time the work is in progress, employ one or more competent and technical

English speaking Supervisors acceptable to the Company’s authorized Engineer, one of whom at least shall be in constant

attendance at the site while persons are at work there. Any directions, explanations, instructions, or notices in connection with

the work given by the Company’s authorized Engineer to these Supervisors shall be deemed to have been given to the Contractor.

12. Payment: The Company, in consideration of the contractor carrying out and completing the said work at the Company’s said

site, to the satisfaction of the Company, shall pay the contractor as per the said schedule of Rates, subject to deductions, retentions

and abatements, if any to be made therefrom in accordance with the provisions of this Agreement. During the progress of the work

and provided the work is progressing according to the time-table laid down to the contractor, the contractor shall be entitled once

a month to receive advance payment on the above mentioned sum proportionate to such part of the work as shall have been executed

during the preceding month but only after such part of the work as has been executed has been inspected and approved by the

Company’s authorized Engineer. From such interim payments each time 10% will be withheld as Security deposit and this 10%

will be paid to the Contractor after the defect liability period, provided that any defects appearing during that period are corrected

100% payment will be made on the basis of actual executed quantities after satisfactory completion and due certification by BPCL

Engineer-in-charge. In lieu of 10% Retention money towards Security deposit, contractor shall submit bank guarantee of

equivalent amount of retention money (10% of contract value) before submission of 1st Running Account (RA) bill valid for defects

liability period specified. Further, the Bank Guarantee shall have a claim period of six months beyond the date of expiry, and the

same shall be mentioned clearly in the Bank Guarantee.

13. Defects after Completion: Any defects which may appear within the defect liability period specified shall, upon the directions

in writing of the Company and within such reasonable time as shall be specified therein be amended and made good by the

Contractor, at his own cost unless the Company shall decide that the Contractor will be paid for such amending and making good,

CRFQ NO. 1000462435 E-TRNDER NO. -

and in case of default on the Contractor’s part, the Company may amend and make good or have amended and made good such

defects and all damages, losses and expenses consequent thereon, incidental to those shall be borne by the Contractor and such

damages, losses and expenses shall be recoverable from him by the Company or may be deducted by the Company from any

moneys due to or thereafter becoming due to the Contractor. Alternatively, the Company may, in lieu of such amending and making

good by the Contractor elect to deduct from any moneys due or thereafter becoming due to the Contractor a sum to be determined

by the Company sufficient to cover the cost of amending and making good such defects, and in the event of the amount withheld

in accordance with Clause 12 being insufficient, recover the balance from the Contractor together with any expenses the Company

may have incurred in connection with such recovery. Should any defective work have been done or bad inferior materials supplied

by any Sub-Contractor employed on the work, has been approved by the Company as provided in Clause 15, the Contractor shall

be liable to amend and make good in the same manner as if such work or materials had been done or supplied by the Contractor.

The Contractor shall remain liable under this Clause notwithstanding the signing by the Company’s authorized Engineer of any

certificate or the passing of any account.

14. Alterations: The Company reserves the right at any time to alter any quantities of any item indicated in the Purchase

order/Contract, in which case the total amount payable to the Contractor shall be less or higher, proportionate with the reduction

or increase in quantity of such item, allowance for which will be made at the Contractor’s agreed rates.

15. Subletting Agreement: The Contractor shall not sublet or assign the work or any part thereof to another party without the

written consent of the company and no such subletting or assignment shall relieve the contractor from the full and entire

responsibility of his obligation under this Agreement.

16. Cancellation: The Company shall at any and all times during the period stipulated for the work, has the right forthwith to cancel

this agreement by giving written notice thereof to the Contractor and in such case the Contractor shall be paid for such part of the

work as has been executed by him up to the date of cancellation, on the basis of schedule of rates as per Purchase order/Contract

and shall be reimbursed by the Company for the cost and expenses incurred by him but which would now be wasted as a direct

consequence of the cancellation of the Agreement.

17. Workmen’s Compensation Liability: The Contractor shall hold the Company harmless and indemnified from and against

all claims, costs and charges for which the Company shall be liable under the Workmen’s Compensation Act, 1923 and any

amendments thereof and the expenses to which it shall be put thereunder, both in respect of personal injuries (within the meaning of

the said Act) to the employees and servants of the Contractor or Sub-Contractors, (if any), arising out of, or occasioned during the

currency of this agreement through the acts or omissions, whether due to negligence or not of the Contractor, Sub-Contractor

and/or Company and/or their respective servants and employees and also in respect of the personal injuries (within the meaning

of the said Act) to the servants and employees of the Company arising out of, or occasioned through the acts and omissions whether

due to negligence or not of the Contractor, Sub-Contractor and or their servants and employees in carrying out any of the

provisions of this Agreement. This indemnity shall be in addition to and not in lieu of any indemnity to which the Company shall

be entitled in law. The Contractor shall at his own expense effect and maintain, until the completion of the work, with an

approved office a Policy of Insurance in the joint names of the Company and the Contractor, against such risks and deposit such

Policy or policies with the Company from time to time during the currency of this Agreement. The Contractor shall be responsible

for anything not included in the Insurance Policies above referred to and also for all other damage to person or property arising

out of or incidental to the negligent or defective carrying out of this agreement and shall keep the Company harmless and

indemnified. He shall also indemnify the Company in respect of any costs, charges or expenses arising out of any claim or

proceedings and also in respect of any award of compensation or damages arising therefrom. The Company shall be entitled to

deduct the amount of any damages compensation costs, charges and expenses arising or accruing from or in respect of any such