3KW & 7KW SLOW EV CHARGERS

VEHICLE CHARGER MIN — RT NAME:ELECTRICAL VEHICLE CHARGER; PARTRATING:MINIMUM 7 KW; ADDITIONALINFORMATION:NUMBER OF PHASE:1; AC INPUT:VOLTAGERATING:1 HASE, 200~240VAC (?15%), MAXIMUM INPUTCURRENT:32 A, INPUT FREQUENCY:50 HZ ? 1.5HZ, USERAUTHENTICATION:RFID, QR- CODE SCAN, OCPP B EDMOBILE APP INTERFACE. BACKUP POWER:INPUT SUPPLYFAILURE BACKUP:BATTERY BACKUP FOR MINIMUM 1 HOURFOR THE CONTROL SYSTEM AND BI ING UNIT. ACOUTPUT:NUMBER OF OUTPUT PORTS:1 NUMBER, OUTPUTCONNECTOR:IEC 62196 TYPE-2 PLUG CABLE LENGTH-5 MMIN, OUTPUT CURRENT: AMP, OUTPUT POWER:230 VAC,50 HZ, 7.2 KW. AC INPUT PROTECTION:AC VOLTAGEPROTECTION:AC OVER-VOLTAGE, AC UNDER- VOLTAGE, ACCURREN PROTECTION:AC OVER CURRENT/SHORT CIRCUIT,AC SAFETY PROTECTIONS:RESIDUAL CURRENT/GROUNDFAULT, EARTH PRESENCE/CONNECTION MONITORIN POLARITY REVERSE PROTECTION, SURGE PROTECTION 4KV DM, OVER TEMPERATURE. ENERGYMETERING:INDEPENDENT AC ENERGY METER FOR EACHO PUT:CLASS 1.0 ENERGY METER FOR EACH OUTPUT,OPERATING TEMPERATURE:-30 TO 55 DEG C.HUMIDITY:ENCLOSURE PROTECTION: <95% RELATIVEH IDITY, NON-CONDENSING, ENCLOSUREPROTECTION:IP55 OR BETTER, COOLINGMETHOD:NATURAL/FORCED:NATURAL/FAN COOLING,APPLICATION:TO CHA E:LIGHT MOTOR VEHICLES,HAVING 1 OUTPUT

VEHICLE CHARGER MIN — RT NAME:ELECTRICAL VEHICLE CHARGER; PARTRATING:MINIMUM 3 KW; ADDITIONALINFORMATION:NUMBER OF PHASE:1; AC INPUT:VOLTAGERATING:1 HASE, 200~240VAC (?15%), MAXIMUM INPUTCURRENT:16A, INPUT FREQUENCY:50 HZ ? 1.5HZ, USERAUTHENTICATION:RFID , QR- CODE SCAN, OCPP B EDMOBILE APP INTERFACE. BACKUP POWER:INPUT SUPPLYFAILURE BACKUP:BATTERY BACKUP FOR MINIMUM 1 HOURFOR THE CONTROL SYSTEM AND BI ING UNIT. ACOUTPUT:NUMBER OF OUTPUT PORTS:1 NUMBER, OUTPUTCONNECTOR: IEC 60309, OUTPUT CURRENT:15 AMP,OUTPUT POWER:230VAC, 50 , 3.3 KW. AC INPUTPROTECTION:AC VOLTAGE PROTECTION:AC OVER-VOLTAGE,AC UNDER-VOLTAGE, AC CURRENT PROTECTION:AC OVERCURRENT/SHOR CIRCUIT, AC SAFETYPROTECTIONS:RESIDUAL CURRENT/GROUND FAULT, EARTHPRESENCE/CONNECTION MONITORING, POLARITY REVERSEPROTECTION, RGE PROTECTION 4 KV DM, OVERTEMPERATURE. ENERGY METERING:INDEPENDANT ACENERGY METER FOR EACH OUTPUT:CLASS 1.0 ENERGYMETER FOR CH OUTPUT, OPERATING TEMPERATURE:-30TO 55 DEG C. HUMIDITY:ENCLOSURE PROTECTION: <95%RELATIVE HUMIDITY, NON-CONDENSING, ENCLOSURE PROTECTION:IP55 OR BETTER, COOLINGMETHOD:NATURAL/FORCED:NATURAL/FAN COOLING,APPLICATION:TO CHARGE:E-AUTO, E-RIKSHAW,E-SCOOTERS HAVING 1 OUTPUT

INST & COMM - EV — STALLATION AND COMMISSIONING 3 KW EV CHARGER:INSTALLATION AND COMMISSIONING 1 PHASE MINIMUM 3KW ELECTRIC VEHICLE CHARGER HAVING OUTPUT.

INST & COMM - EV — STALLATION AND COMMISSIONING 7 KW EV CHARGER:INSTALLATION AND COMMISSIONING 1 PHASE MINIMUM 7KW ELECTRIC VEHICLE CHARGER HAVING OUTPUT. PART NAME:ELECTRICAL VEHICLE CHARGER; PART RATING:MINIMUM 3 KW; ADDITIONAL INFORMATION:NUMBER OF PHASE:1; AC INPUT:VOLTAGE RATING:1-PHASE, 200~240VAC (±15%), MAXIMUM INPUT CURRENT:16A, INPUT FREQUENCY:50 HZ ± 1.5HZ, USER AUTHENTICATION:RFID , QR- CODE SCAN, OCPP BASED MOBILE APP INTERFACE. BACKUP POWER:INPUT SUPPLY FAILURE BACKUP:BATTERY BACKUP FOR MINIMUM 1 HOUR FOR THE CONTROL SYSTEM AND BILLING UNIT. AC OUTPUT:NUMBER OF OUTPUT PORTS:1 NUMBER, OUTPUT CONNECTOR: IEC 60309, OUTPUT CURRENT:15 AMP, OUTPUT POWER:230VAC, 50 HZ, 3.3 KW. AC INPUT PROTECTION:AC VOLTAGE PROTECTION:AC OVER-VOLTAGE, AC UNDER-VOLTAGE, AC CURRENT PROTECTION:AC OVER CURRENT/SHORT CIRCUIT, AC SAFETY PROTECTIONS:RESIDUAL CURRENT/GROUND FAULT, EARTH PRESENCE/CONNECTION MONITORING, POLARITY REVERSE PROTECTION, SURGE PROTECTION 4 KV DM, OVER TEMPERATURE. ENERGY METERING:INDEPENDANT AC ENERGY METER FOR EACH OUTPUT:CLASS 1.0 ENERGY METER FOR EACH OUTPUT, OPERATING TEMPERATURE:-30 TO 55 DEG C. HUMIDITY:ENCLOSURE PROTECTION: 2300009746-HB-07007 Page | 6 7 2. Item No. 2 - INSTLN & COMMNG OF EV CHARGER INSTALLATION AND COMMISSIONING 3 KW EV CHARGER: INSTALLATION AND COMMISSIONING 1 PHASE MINIMUM 3 KW ELECTRIC VEHICLE CHARGER HAVING 1 OUTPUT. INSTALLATION AND COMMISSIONING 3 KW EV CHARGER: INSTALLATION AND COMMISSIONING 1PHASE MINIMUM 3 KW ELECTRIC VEHICLE CHARGER HAVING 1 OUTPUT. THE SCOPE OF INSTALLATION AND COMMISSIONING INCLUDES INTEGRATION WITH THE HPCL SOFTWARE AND PROVIDING 4G SIM FOR CONNECTIVITY, DEMONSTRATION AND TRAINING TO DEALER MEN/HPCL OFFICERS. 3. Item No. 3 – VEHICLE CHARGER PART NAME:ELECTRICAL VEHICLE CHARGER; PART RATING:MINIMUM 7 KW; ADDITIONAL INFORMATION:NUMBER OF PHASE:1; AC INPUT:VOLTAGE RATING:1-PHASE, 200~240VAC (±15%), MAXIMUM INPUT CURRENT:32 A, INPUT FREQUENCY:50 HZ ± 1.5HZ, USER AUTHENTICATION:RFID, QR-CODE SCAN, OCPP BASED MOBILE APP INTERFACE. BACKUP POWER:INPUT SUPPLY FAILURE BACKUP:BATTERY BACKUP FOR MINIMUM 1 HOUR FOR THE CONTROL SYSTEM AND BILLING UNIT. AC OUTPUT:NUMBER OF OUTPUT PORTS:1 NUMBER, OUTPUT CONNECTOR:IEC 62196 TYPE-2 PLUG CABLE LENGTH-5 M MIN, OUTPUT CURRENT:32 AMP, OUTPUT POWER:230 VAC, 50 HZ, 7.2 KW. AC INPUT PROTECTION:AC VOLTAGE PROTECTION:AC OVER VOLTAGE, AC UNDER-VOLTAGE, AC CURRENT PROTECTION:AC OVER CURRENT/SHORT CIRCUIT, AC SAFETY PROTECTIONS:RESIDUAL CURRENT/GROUND FAULT, EARTH PRESENCE/CONNECTION MONITORING, POLARITY REVERSE PROTECTION, SURGE PROTECTION 4 KV DM, OVER TEMPERATURE. ENERGY METERING:INDEPENDENT AC ENERGY METER FOR EACH OUTPUT:CLASS 1.0 ENERGY METER FOR EACH OUTPUT, OPERATING TEMPERATURE:- 30 TO 55 DEG C. HUMIDITY:ENCLOSURE PROTECTION: 4. Item No. 4 - INSTLN & COMMNG OF EV CHARGER INSTALLATION AND COMMISSIONING 7 KW EV CHARGER: INSTALLATION AND COMMISSIONING 1 PHASE MINIMUM 7 KW ELECTRIC VEHICLE CHARGER HAVING 1 OUTPUT. INSTALLATION AND COMMISSIONING 7 KW EV CHARGER: INSTALLATION AND COMMISSIONING 1PHASE MINIMUM 7 KW ELECTRIC VEHICLE CHARGER HAVING 1 OUTPUT. THE SCOPE OF INSTALLATION AND COMMISSIONING INCLUDES INTEGRATION WITH THE HPCL SOFTWARE AND PROVIDING 4G SIM FOR CONNECTIVITY, DEMONSTRATION AND TRAINING TO DEALER MEN/HPCL OFFICERS. Pl note, above item specification shall supersede the line item specification given under item wise detailed specification given in tender. 2. COMPLETION PERIOD Completion period will be 5 days per two sets of retail outlet from the date of call up/ HPCL Engineering or Sales Officer’s advice through phone/mail whichever is earlier. Vendor should be able to employ 2 teams at one time for simultaneous works at 2 retail outlets. Vendors will have to start the work at a particular site basis LOI/Call Up/Formal Email advice from HPCL Engineering In-Charge of Jodhpur RETAIL REGIONAL OFFICE. 2300009746-HB-07007 Page | 7 8 3. PERIOD OF CONTRACT: The rates once accepted shall be applicable for a period of two year from the date of placement of order/ Letter of Intent whichever is earlier. Contractor would be required to complete all the sites which are handed over to them within the validity period of two year. However, on mutual agreement between HPCL & vendor, contract can continue for one more year or till complete financial limit is consumed, whichever is earlier. The rates shall remain unchanged till the expiry of Contract and no Revision of Rates shall be entertained from parties for any reason. No Escalation / De-escalation of rates are applicable. The contractors whose names shall be selected in the panel for above works shall have to station their authorized representative within the geographical jurisdiction of JODHPUR RETAIL REGION and shall have to keep qualified & experienced supervisors at work sites for effective supervision. 4.0 GENERAL: 4.1. Tenderers are requested to carefully study all the documents / annexures and understand the conditions, specifications, drawings etc., before quoting their rates. In case of doubt, written clarifications should be obtained, but this shall not be a justification for late submission of the bid or request for extension of due date. Offers should strictly be in accordance with the tender terms & conditions and our specifications. 4.2. All the enclosed Tender documents along with the covering letter will form part of the tender. 4.3. It shall be understood that every endeavor has been made to avoid errors which can materially affect the basis of the tender and the successful Tenderer shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof. 4.4. The bidders are required to submit offers strictly as per the terms and conditions/specifications given in the Bidding Document and not to stipulate any deviations. In case of any deviation, submit the same through the Deviation Form provided in the Technical Bid of the tender, deviation details if any mentioned other the appropriate place ie the Deviation Form in Technical Bid shall not be considered and such tenders will be evaluated considering them as NIL Deviation. The offer of bidders stipulating deviations to any of the following terms/conditions will not be considered for priced bid opening. However, HPCL reserves the right to give opportunity to bidder for withdrawal of deviation to the following clauses. In case, 2300009746-HB-07007 Page | 8 9 bidders refuse to withdraw the deviation against following clauses, the offers shall be rejected without any further correspondence with them i) Earnest Money Deposit , Security Deposit & Retention Money ii) Suspension & Termination iii) Liquidated Damages iv) Force Majeure v) Scope of work vi) Arbitration & Integrity Pact vii) Payment terms viii) Completion Period longer than specified in bid document ix) Firm Prices 5.0 DEPOSITS 5.1 EARNEST MONEY DEPOSIT (EMD): NIL 5.2 SECURITY DEPOSIT (SD): Successful parties will be required to deposit SECURITY DEPOSIT of 1% of PO Value as per clause 4b of General Terms and Conditions. The Security Deposit to be submitted in the form of Account Payee crossed Demand Draft drawn in favour of M/s. Hindustan Petroleum Corporation Limited payable at Jodhpur. The said amount shall be liable to be forfeited wholly or in part at the sole discretion of the HPCL in case the Contractor fails to fulfill any of his contractual obligation or in default without prejudice to other rights of the HPCL to claim further compensation towards any other loss sustained. The Security Deposit will not bare any interest and will be refunded only after satisfactory completion of the job on expiry of the Contract. 6. ACCEPTANCE OF THE OFFER BY THE CORPORATION: Incomplete or conditional submissions, and those with deviations/ subjective or counter conditions/ quantity restrictions or those not accompanied by the requisite documents shall be liable to be rejected and no further correspondence/ enquiries on this issue by the tenderer shall be entertained. Any Terms and Conditions attached / printed overleaf of the Tenderer's offer will not be binding on HPCL. The Corporation is not bound to accept the lowest offer and reserve the right to reject any and / or every tender without assigning any reason whatsoever and / or place order on one or more tenderers in the manner considered appropriate by the Corporation. Corporation also reserves the right to reject any Un-workable offer. Purchase / price preference as applicable would be given to Central Public Sector Enterprises / MSE registered vendor as per directives of Government of India, in vogue from time to time. Tenderers may have to attend the concerned office of the Corporation for negotiations / 2300009746-HB-07007 Page | 9 10 clarifications if required at their own cost, in respect of their quotations without any commitment from the Corporation. 7. SUBMISSION OF BIDS: In 2 Bids: UNPRICED BID and PRICED BID. UNPRICED BID It shall contain the following - a. Only the required Attachments/ Annexures as sought thru the e-tender duly filled in, signed & stamped needs to be uploaded as per requirement. b. Certified copies of GST Registrations. c. Certified copies of Registration Certificate under NSIC, MSE works contract tax. d. Declarations – Delisting , Particulars of Tenderer e. EMD in the form of Demand Draft/Bank Guarantee in original (if applicable) to be submitted to our Office at HPCL , Jodhpur. f. Organization details as per enclosed format. g. Prices shall not be mentioned in un-priced bid. PRICED BID 1. HPCL’s base rates are specified thru the line items of the tender. These rates are basic rates, excluding taxes. 2. PRICED BID will be submitted online wherein the overall offer percentage on our tender base rates ( as per line item rates ) as + / - or 0 (at par) to be quoted. While quoting, please take note of the following important instructions. a) Parties have to quote overall percentage rate with respect to base rates offered thru the line items of the tender. The rates quoted by the bidder shall be applicable to base rates of all the line items mentioned in the tender. b) Your offer should be inclusive of all the applicable taxes, levies, material cost, labour cost, workmanship, transportation costs etc.with appropriate entry for taxes under, “ Taxes & Extras ”. The entry field for taxes is available in Technical Bid under , “ Taxes & Extras ”. c) Price bid shall not contain anything else other than the over all percentage rate in the given format. No terms and conditions or exception / deviation are permitted in price bid. Price Bid with counter condition is liable to be rejected unless the same is withdrawn during Technical Evaluation. 3. For further details on Price & Evaluation Criteria please refer to clause no 25 of Special Terms and Conditions of this tender. 2300009746-HB-07007 Page | 10 11 8. VALIDITY OF THE TENDER: The offer shall be valid for a period of 90 days from the due date/ extended due date of opening of the un-priced bid. 9. DISTRIBUTION OF ORDER/ SELECTION OF VENDORS: The job shall be finalised basis "all inclusive" overall lowest offers received. One nos. of vendors are required for the subject job. 100 % of Job to be allocated to L1 vendor. In the cases other than above the decision of allotment of Financial Limit will be decided in the similar manner as above by HPCL and decision of HPCL shall be binding in such cases. In case, if the offers are found to be same for more than one vendor, more than the required numbers and not fitting in the above distribution , then all such offerers will be advised to offer discount on their quote and the order will be placed on the all inclusive over all lowest offerer considering the discount and / or re-floated to all such tenders for obtaining the discount / lowest offer, and the decision of HPCL shall be final in deciding the above process. The entire process of counter offering as above shall be done in the order of original ranking. In case of non-acceptance of counter offered rates by next ranking parties, HPCL shall reserve the right to re-float / not execute that portion at its sole discretion. 10. WORK ORDERS: Call up orders will be issued for execution of works. No work to be started without call –up if the estimate is more than 25000/- (incl taxes) 11. COMPLETION PERIOD: Completion period will be 5 days per set of two retail outlets from the date of call up/ HPCL Engineering or Sales Officer’s advice through phone/mail whichever is earlier. Vendor should be able to employ 2 teams at one time for simultaneous works at 2 retail outlets. Above time period shall be inclusive of mobilization period. After issuance of the formal LOI/Call Up order/Email advice; under some special circumstances, the Corporation may advise Postponement of commencement or carry out the work in stages in writing, in which case the time of Completion shall be extended suitably depending upon the actual delay/ interruptions caused. The Corporation will not however be liable under any circumstances for payment of compensations of any nature to the contractor for such delay or interruptions. 12. PAYMENT TERMS: As per Clause 7 of GTC . Partial payment is allowed. 2300009746-HB-07007 Page | 11 12 Payment will be made through National Electronic Fund Transfer from Disbursement Section , IFS , Mumbai. Note to Vendors: Vendor shall update bill details in BTS (Bill Tracking system) and forward original bills to IFS Mumbai and also a copy to user department in HPCL location to enable them to prepare MRR along with following documents certified by HPCL Engineer In-Charge (EIC)/ Sales Officer at JODHPUR RO- 1. Measurement sheet 2. Material test certificates, cement & steel consumption sheets, electrical/plumbing layouts & other supporting documents required as per tender T&C. 13. RETENTION MONEY: 10% or Applicable as per Clause No. 7C and Clause No. 11 of General Terms and Conditions. 14. PRICE REDUCTION: Applicable, as per GTC, Clause 10 . 15. DEALING WITH OUTSIDE PARTIES: a. The Contractor should purchase all materials from the market which they require for the work allotted to them in case of credit in their own firms name only. b. If any material has been purchased by the Contractor on credit and payments is not cleared, Corporation on receipt of such complaint from any party can recover the amount from Contractor’s pending bills or a security deposit, on account of non – clearance of such transactions where Corporation’s name /dealings is likely to be adversely affected and may make the payment to the concerned party. c. Contractor in their own interest should purchase material from the authorized sources and should fulfill all their obligations of all taxes etc. If the Corporation has reasons to believe that any material has been brought to its premises from unauthorized sources, the corporation can refer the matter to police for verification. d. The Contractor can be debarred from Corporation and security deposit shall be forfeited for such lapses. e. Contractor should also be required to co-ordinate politely with various agencies such as PWD, Third Party, RTO, Sales Tax Dept., Excise, NHAI, Municipal Authorities etc, in order to ensure smooth progress of work. 16. COMENCEMENT OF WORK AND REFUSALS 2300009746-HB-07007 Page | 12 13 a. The Contractor shall have to mobilize team and start the work on immediate basis from the date of issuance of formal LOI/Call Up order/Email advice for completion of site as per completion period specified in tender terms and conditions. b. If the Contractor is unable to start the work due to preoccupation of Corporation’s work elsewhere and accordingly inform promptly to the EIC of his inability to take up the work in hand and if the Corporation is satisfied, the initial date for commencement of work can be extended by the Corporation. c. If the Contractor does not start the work by the above stated period and if the Corporation is not satisfied with the reasons for not starting the work in time or if Contractor refuses to carry out the work due to any other reason, the Corporation can cancel that work order by giving a registered notice after the expiry of the specified period as per the order and the same work shall be carried out by any other Contractor at his entire risk and cost and consequences. d. In the event of two such cancellations for two different works during the contract period, the initial Security Deposit shall be forfeited and the standing contract shall be cancelled forthwith. 17. IMPORTANT INSTRUCTIONS a) Line Item Rates ie Schedule of Rates shall be read with work description, relevant specifications, and instructions to tenders, other special terms and conditions including relevant drawings. b) Anything contained to the contrary in the work description shall supersede the specification and drawings c) Anything contained to the contrary in the Special Terms and Conditions, will supersede instructions to tenderers, particular clauses of General Terms & conditions or clauses stated elsewhere. d) The Corporation reserves the right to appoint more than one Contractor and distribute the works among the Contractors as deemed necessary by the Corporation. e) The quantum of work during the contract period cannot be guaranteed by the Corporation and will not be binding in any way what-so-ever. 18. SPECIAL CONDITIONS: (i) Since the work is to be carried out in running Retail Outlets also, the work is likely to be hampered / delayed due to operational reasons. No claims on account of the above and any other reason whatsoever shall be entertained by the Corporation and work shall be completed by the contractor within the stipulated period considering the above conditions also the Corporation shall not pay any compensation whatsoever for idling of labour / equipment. Incase the site is a running outlet, Contractor has to schedule his work in such a way that the operation of the outlet is not hampered. 2300009746-HB-07007 Page | 13 14 (ii) Incase, Diesel or Petrol is stored at Site, No hot work will be permitted at site unless permission is granted by HPCL Engineer in charge in writing. (iii) Acceptance of the facility / facilities by the Corporation does not constitute final completion of the contract. The contract shall be deemed to be executed in full and final measurement certified only when the contractor has fully discharged all his obligations in terms of all the contract documents. (iv) Facilities dismantled / damaged while executing the works shall be restored to its original condition without any extra cost the Corporation. (v) All water proofing works included in the scope of the tender shall be carried out by specialized agencies. Party to submit guarantee in suitable format for a period of 10 years. Similar guarantee shall also be submitted for Anti Termite treatment. (vi) Approved makes / brands are specified in the tender for various materials to be used in the construction. It is the responsibility of the party to ensure that materials of best quality and genuine make are procured for use in works. Decision of HPCL with regard to selection of any of the brands / makes stipulated in the tender shall be final. (vii) In case of any ambiguities in the tender with regard to the terms and conditions and specifications stipulated, the decision of HPCL shall be final and binding. (viii) In case of contradiction between Line Item Rates / Schedule of Rates and Technical specification, the provisions of Line Item Rates Schedule of rates shall supersede the latter. (ix) In case specification/make of any item or work is not mentioned in these tender documents, then contractor will be required to take prior approval of the specifications/ make for that particular item/work from HPCL Engineer in charge carrying out the jobs. (x) All electrical jobs should be carried out through a licensed electrician only, having a valid electrical license issued by state electricity board or equivalent central/state authorities like Electrical Inspectors and approved by HPCL designated officer in writing. (xi) Safety: Without Safety Helmet & Shoes, no person shall be allowed to work at site. Incase somebody is found at site without Safety Helmet & Shoes, Rs 500/- per person shall be fined to Contractor in next running bill. 19. TESTING OF MATERIALS: Testing of adequate number of samples of various materials inline with relevant standards shall be carried out by the Party at their cost. The details of tests to be carried out are given in this document. The testing shall be carried out at an approved/ government recognized Laboratory. Wherever applicable, party shall also submit Manufacturer’s test certificates. The EIC reserves the right to satisfy himself on the quality / quantity of the materials before recommending payment. Manufacturer’s test certificate / Lab Certificate of materials asked for shall be furnished by the Contractor as desired by EIC. 2300009746-HB-07007 Page | 14 15 The project is subject to inspection by various audit / vigilance agencies of Government of India / Hindustan Petroleum Corporation Ltd. If any inspection of works is carried by such agencies, Contractor shall extend his full cooperation to these agencies in examining records, works etc. On inspection by such agencies, if it is pointed out that Contractor has not carried out work according to guidelines laid down in the tender document and also if any recoveries against some items are pointed out therein, the same shall be recovered from Contractor’s R/A bills / final bill. The items under dispute shall not be paid in full till inspection agency gives their No objection report. 20. INSPECTION BY HPCL OR HPCL AUTHORISED THIRD PARTY INSPECTION AGENCY: HPCL & HPCL authorised Third Party Inspection Agency 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 of any person, firm or corporation where work in connection with the contract may be in hand or where the materials are being or are to be supplied, and the Contractor shall provide his full assistance to carryout such inspection. The Contractor shall, at all times during the usual working hours and at all other times at which reasonable notice of the intention of the HPCL’s Engineer-in- Charge / Site-in-Charge or representative of HPCL’s authorised Third Party Inspection Agency to visit the works shall have been given to the Contractor, either himself be present to receive orders and instructions, or have a responsible agent, duly accredited in writing, present 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. 21. PRICE AND EVALUATION The tenderer is required to quote 'Over all Percentage Rate' applicable to the entire set of base rates ( furnished by HPCL thru Line Items or the financial limit of the item ) mentioned in the tender. The Bidder to quote their offer in terms of percentage ( % ) As the offered Line Item Rates ie Schedule of Rates are BASIC rates , the bidders are required to offer their applicable GST rate, which will be loaded on the basic rates . The evaluation of the bids shall be carried out basis the “Percentage Rate” offered by the tenderer along with the GST rate offered . Road Permit and Form ‘C’ will not be issued by HPCL. 1) Price Bid: a) Price-bid format: Bidders are advised to ensure that the Price Bid is quoted and uploaded in the e-procurement system. Quoted price shall include Basic cost, packing 2300009746-HB-07007 Page | 15 16 charges, loading charges, Insurance, Freight, Third Party Inspection Charges and any other charges, if any. (in case any category of supply/services require detailed breakup of basic price, the price bid shall be accordingly configured) b) Bidders have to ensure that Bid Price is not mentioned anywhere in the Techno Commercial bid, failing which the bid is liable to be rejected. 2) Taxes & Duties: a) Bidders to provide applicable GST rates separately in the space provided for the same. b) The Vendor accepts full and exclusive liability for the payment of any and all applicable taxes (CGST, SGST, IGST, UTGST), levies and statutory payments payable under all or any of the prevailing Central/State statues. c) The Vendor shall comply with all the provisions of the GST Act / Rules / requirements like providing of tax invoices, payment of taxes to the authorities within the due dates, filing of returns within the due dates etc. to enable HPCL to take Input Tax Credit. In case of imports, vendor shall provide import documents and invoice fulfilling the requirement of Customs Act and Rules. Vendor will be fully responsible for complying with the Customs provisions to enable HPCL to take Input Tax Credit. In case, HPCL is not able to take Input Tax Credit due to any noncompliance/default/negligence of the seller of goods / service provider, the same shall be recovered from the pending bills/dues (including security deposit, BG etc.). Vendor shall be responsible to indemnify the Corporation for any loss, direct or implied, accrued to the Corporation on account of supplier/service provider failure to discharge his statutory liabilities like paying taxes on time, filing appropriate returns within the prescribed time etc. d) Every invoice of the vendor shall contain invoice number, date, GSTIN number and HSN/SAC code (Harmonized system of Nomenclature/service accounting code) for the items being supplied or services being provided along with tax rate. e) The Vendor shall mention their registration status (Registered / Composition / Unregistered) on the bill/invoice. In case there is change in the Registration status of the vendor during the execution of the contract the same should be advised immediately. Due to change in the Registration status from Composition to Registered vendor etc. Corporation will not be liable for any additional tax payments. 2300009746-HB-07007 Page | 16 17 f) GST (CGST/SGST/IGST/UTGST) as applicable shall be reimbursed for the supplies/services. g) Corporation will be liable to pay only those taxes and levies as indicated by vendor at the time of Price Bid submission/as agreed subsequently (prior to opening of priced bids). h) Any tax, levies or any other form of statutory levies or cost as on closing date of the tender will be treated as included in Priced bid. Taxes, Duties, and Levies not indicated by vendor in the unpriced Bid, but payable, shall be to Vendor’s account. i) New taxes / change in tax rates / levies imposed by the Indian/State Governments through Gazette notification after the date of submission of last Price Bid but prior to Contractual Delivery Date, the Corporation shall reimburse/ adjust the increase/ decrease in taxes on satisfactory supporting documents being provided by the vendor. j) In case goods are not supplied/services not provided within the scheduled delivery period, then the increase in the statutory levies, if any, shall be on vendor’s account. 3) Road Permit a) Suppliers/Contractors shall arrange Road Permits by themselves and comply with the statutory laws of the concerned state. b) HPCL will not provide any Road permit to the contractor. Any request from contractor for issuing the road permit will not be entertained. 4) E-Way Bill a) Wherever goods are to be delivered in HPCL premises, the responsibility to generate E- way bill will be on the Vendor / their transporters and HPCL shall not generate any e- way bill for the job covered under in this tender. HPCL should not be asked / requested to make E-way bill 5) Anti-Profiteering Clause GST Act. Anti-profiteering provisions mandates that any reduction in tax rates or benefits of input tax credits be passed on to the consumer by way of commence 2300009746-HB-07007 Page | 17 18 reduction in prices. Vendors to take note of the same and pass such benefits while quoting their price. 6) Evaluation criteria Evaluation will be done inclusive of all taxes as under: Registered Vendors: The tax liability will be borne by the vendor and the same shall be considered for the purpose of evaluating the bid. Unregistered vendors: The tax liability will be borne by HPCL under reverse charge and the same shall be loaded for the purpose of evaluating the bid. Vendors under composition scheme: The rate is considered to be inclusive of all taxes and no separate tax shall be billed to HPCL and the bid shall be accordingly evaluated. For this purpose vendor should give status whether Registered, Unregistered or Composition Scheme. In case of different rates of GST quoted by the vendors, Corporation reserves the right to query on the same and adopt the correct classification and GST rate. The decision of Corporation in this regard will be final and binding on the vendor. For imports, all relevant costs/taxes (as mentioned elsewhere in the tender documents) will be included for the purpose of evaluation. 7) GSTIN Number States where the supplies/services are required are given in the price schedule. GSTIN details of HPCL for these states can be taken from our website www.hindustanpetroleum.com. Vendor is required to provide the GSTIN number of state from where supplies will be made to each of the HPCL delivery locations. System shall populate the Vendor’s principal GSTN code against all lines in the bid generation page with option to edit the values, if necessary. In case any changes are warranted during the execution of the contract with regard to change in state where delivery is required or change in the supply location of vendor, the same will be made with mutual consent. VERY IMPORTANT NOTES FOR EXTRA TAXES AND DUTIES: 2300009746-HB-07007 Page | 18 19 1) Please indicate the exact charges applicable as on the date of submission of bids in % terms clearly. DO NOT specify “At Actual”, “by HPCL” etc. 2) It is the responsibility of the bidder to ascertain the exact charges applicable towards various Duties & Taxes (including charges towards Octroi, entry tax etc. if any applicable) prevailing at the time of submission of bids. 3) In case any of the charges being Not applicable, Nil, or inclusive in the rates quoted by you, the same may be indicated clearly against the space provided for the same. 4) In case any of the above boxes are left blank, the same will be construed as “NIL” for the purpose of evaluation, and PO will be placed accordingly, in case of party becoming L-1. Please note that the placement of order against this tender will conform to the rules and regulations of the Government of India as advised from time to time. In this tender benefit under the Public Procurement Policy shall apply to Micro and Small Enterprises (MSE) registered with District Industries Centers or Khadi and Village Industries Commissioner Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, SmaIl and Medium Enterprises. Participating MSE vendor quoting price within price band of L1 ± 15% shall also be allowed to supply a portion of requirement by bringing down their price to L1 price from someone other than a Micro and Small Enterprise and such Micro and Small Enterprise shall be allowed to supply upto 20% of total tendered value.In case of more than one such Micro and Small Enterprise, the supply shall be shared proportionately to tendered quantity. Out of 20 per cent target from Micro and Small Enterprises, a sub-target of 20 per cent (ie., 4 per cent out of 20 per cent) shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the Scheduled Tribe entrepreneurs. Provided that, in event of failure of such Micro and Small Enterprises to participate in tender process or meet tender requirements and L1 price, 4 per cent sub-target for procurement earmarked for Micro and Small Enterprises owned by Scheduled Caste or Scheduled Tribe entrepreneurs shall be met from other Micro and Small Enterprises. Please note that the above mentioned 20% reservation of business for MSE vendors including a sub-target of 20 per cent (ie., 4% per cent earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the Scheduled Tribe entrepreneurs), is applicable only if no MSE vendors qualify in the proposed evaluation , distribution ratio of award of business. No Set Off will be considered in the evaluation, however the successful bidder is required to submit tax invoices. The invoice / documents raised by the Contractor shall enable the Corporation to avail Set Off from the Statutory Authorities. The unpriced bid documents of the tender to be submitted with copy of the relevant registration certificates. 2300009746-HB-07007 Page | 19 20 26. Loading Factor For Deviations: Following method will be followed for evaluation of Lowest Bidder (L1) for deviations raised by any Bidder against delivery period & payment terms , provided these deviations are not withdrawn during Technical Evaluation stage: Deviation against Delivery Period : In case any bidder does not accept tender delivery period and mentions delivery period which is more than the stipulated delivery period and if the same is being accepted by HPCL , for evaluation purpose only, the bidder’s rate shall be loaded as per delayed / Price Reduction clause mentioned in the tender. Payment Terms : If bidders raise deviation against payment terms , interest for early payment i.e. PLR + 1 % will be loaded against the quoted rate to arrive at lowest bidder. PLR at the prevailing rate at the time of evaluation will be considered. 27. e – TENDER This tender is floated in e-procurment module on two bid basis . The Tenderers shall be quoting from their own offices / place of their choice. Internet connectivity shall have to be ensured by each tenderer themselves. HPCL shall not have any liability to bidders for any interruption or delay in access to the site irrespective of the cause. All the documents uploaded by the tenderer for the subject tender thru e – procurement portal shall be considered as duly signed by the tenderer. Bidders shall be required to arrange all resources, including Digital IDs and Internet Connections at their own cost, for participating in online tenders at HPCL e-Procurement site https://etender.hpcl.co.in/ The vendor would be required to login at https://etender.hpcl.co.in/ (Internet Explorer 7 or above) Existing Vendors to login with their 8 digit Vendor Code as User ID and password as issued for “Bill Tracking system”. Alternately password can be collected from the Purchase Officer of the tender originating location. Help Desk: In case of any issue in logging into the site or any issue in Uploading certificate / Bid preparation / Bid submission you may call on this Telephone No : 022- 41146666. The help-desk services shall be available from Monday to Saturday, between 08.00 AM to 08.00 PM only, except Public holidays. HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as submitting on-line offers, including connectivity issues. HPCL shall not be responsible for any postal or other delays in submitting EMD / tender cost wherever applicable. HPCL 2300009746-HB-07007 Page | 20 21 will not be responsible for the cost incurred in preparation and submission of bids including the cost of digital certificate, regardless of the conduct of outcome of the biding process. 28. OTHERS Bidders are requested to quote rates in the price bid only, please do not quote / mention rates anywhere else in the tender other than price bid. In case bidder quotes rates at any other place (other than the price bid), the rates quoted in price bid shall only be considered for evaluation. In case bidder happens to be lowest basis above evaluation, the lower of the two rates (mentioned by bidder at any other place in tender and rates mentioned in the price bid) shall be applicable for awarding the job. The rates in the price bid are to be quoted along with the applicable taxes as per the format of the price bid . The bidder shall be fully responsible for the payment of any and all taxes, levies and statutory payments payable under all or any of the statues etc. Request for extension of tender submission due date, if any received from bidders within 72 hours of tender submission due date / time shall not be considered. Rebate No suo-moto reduction in prices quoted by bidder shall be permitted after tender submission due date & time/ extended due date & time. If any bidder unilaterally reduces the prices quoted by him in his bid after opening of bids, the bid (s) of such bidder(s) will be liable to be rejected. Such reduction shall not be considered for comparison of prices but shall be binding on the bidder in case he happens to be a successful bidder for award of work. HPCL reserves the right to accept any tender in whole or in part or reject any or all tenders without assigning any reason. HPCL reserves right to accept any or more tenders in part.. Decision of HPCL in this regard shall be final and binding on the bidder. HPCL shall follow Purchase Preference / Price Preference as per prevailing guidelines of Government of India 29. MISCELLANEOUS The Special Terms & Conditions and the Technical Specification of the tender shall always supersede the General Terms & Conditions of the tender for the related terms/clauses 2300009746-HB-07007 Page | 21 22 Contractor to work for extended hours during night, if necessary, in order to complete the job in time. All necessary lighting arrangements shall be made by the contractor only. In case the site is running outlet , Contractor has to schedule his work in such a way that the operation of the outlet is not hampered. HPCL will not issue / provide any Road Permit as well C form for this job. No hot work is permitted at site unless permission is granted by HPCL Engineer-in- charge in writing. In case specifications/ make of any item or work is not mentioned in these tender documents, then Contractor will be required to take prior approval of the specifications/ make for that particular item / work from HPCL Engineer-in-charge before carryout the job The financial limit / Bill of quantities mentioned in the Tender Enquiry is based on the proposed sites likely to come-up during the period of Purchase Order , accordingly , financial limit / quantities under this order may vary substantially. This Tender is not transferable . All enclosed tender documents along with the Annexures / Attachments will form part of the tender. Tenderer(s) shall return the completed tender set duly signed and stamped at the end of each page in token of having read, understood and accepted the terms and conditions. All signatures in tender document shall be dated as well as all the pages of all sections of the tender documents shall be stamped and signed by the Tenderer or by a person holding Power of Attorney authorising him to sign on behalf of the tenderer before submission of tender. The prices quoted by the Tenderer shall be firm during the validity period of the bid and Tenderer agrees to keep the bid alive and valid during the said period. In case the tenderer revokes or cancels the tender or varies any of terms of the tender without the Consent of the Owner, in writing, the Tenderer forfeits the right to the refund of the Earnest Money paid along with the tender. Payment of bills shall be tendered to the contractor in electronic mode (e-payment) through any of the designated banks. The contractor will comply by furnishing full particulars of Bank Account ( mandate ) to which the payments will be routed . Corporation reserves the right to make payment in any alternate mode also. 2300009746-HB-07007 Page | 22 23 Tenders received after the stipulated date and time for receipt of the tenders, due to any reason will not be considered. Tenders received without Earnest Money Deposit - EMD ( wherever mentioned in the tender as EMD Applicable / Payable) will be rejected. The Corporation reserves the right to reject any and / or every tender without assigning any reason whatsoever and / or place order on any tenderer and their decision in this regard will be final. No disputes could be raised by any tenderer(s) whose tender has been rejected. Courts in the city of AHMEDABAD alone shall have Jurisdiction to entertain any application or other proceedings in respect of anything arising under this tender either before or after or during the finalisation of the tender. Corporation reserves the right to take action as deemed fit which is inclusive of placing the tenderer under suspension / holiday for a period as decided by the Corporation , in case of withdrawal of offer at any stage , non - acceptance of LOI / PO or non - execution of order or any other breach of tender terms and conditions. In case of any dispute in the interpretation of the terms and conditions of the tender, the decision of the Corporation shall be final and binding. The Special Terms & Conditions and the Technical Specification of the tender shall always supersede the General Terms & Conditions of the tender for the related terms/clauses 2300009746-HB-07007 Page | 23 24 ANNEXURE - V GENERAL TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS OF WORKS CONTRACTS 1 PRELIMINARY 1.1 This is a Contract for execution of __________________work at _______ ______________________________________. (please fill up the blanks) 1.2 The tenderer for the abovementioned item of work is _________________ ___________________(Please give the name and address of the tenderer ) 1.3.1 The terms and conditions mentioned hereunder are the terms and conditions of the Contract for the execution of the work mentioned under item 1.1 above. 1.3.2 It is the clear understanding between Hindustan Petroleum Corporation Limited and the tenderer ______________________________________ that (name and address of the tenderer) in case the tender of ____________________________________________________________ is (name and address of the tenderer) accepted by Hindustan Petroleum Corporation Limited and an intimation to that effect is so issued and also a Purchase Order is placed with ___________________________________ (name and address of the tenderer) this document will be termed as a Contract between the parties and terms and conditions hereunder would govern the parties interest. 1.3.3 Interpretation of Contract Documents: All documents forming part of the Contract are to be taken mutually explanatory. Should there be any discrepancy, inconsistency, error or omission in the contract, the decision of the Owner/Engineer-in-Charge/Site-in- Charge shall be the final and the contractor shall abide by the decision. The decision shall not be arbitrable. Works shown upon the drawings but not mentioned in the specification or described in the specifications without being shown on the drawings shall nevertheless be deemed to be included in the same manner as if they are shown in the drawings and described in the specifications. 1.3.4 Special conditions of Contract : The special conditions of contract, if any provided and whenever and wherever referred to shall be read in conjunction with General Terms and Conditions of contract, specifications, drawings, and any other documents forming part of this contract wherever the context so requires. Notwithstanding the subdivision of the documents into separate sections, parts volumes, every section, part or volume shall be deemed to be supplementary or complementary to each other and shall be read in whole. In case of any misunderstanding arising the same shall be referred to decision of 2300009746-HB-07007 Page | 24 25 the Owner/ Engineer-in-Charge/Site-in-Charge and their decision shall be final and binding and the decision shall not be arbitrable. It is the clear understanding that wherever it is mentioned that the Contractor shall do/perform a work and/or provide facilities for the performance of the work, the doing or the performance or the providing of the facilities is at the cost and expenses of the work not liable to be paid or reimbursed by the Owner. 2. DEFINITIONS In this contract unless otherwise specifically provided or defined and unless a contrary intention appears from the contract the following words and expressions are used in the following meanings; 2.1 The term "Agreement" wherever appearing in this document shall be read as "Contract". 2.2 The "Authority" for the purpose of this Contract shall be the Chairman and Managing Director or any other person so appointed or authorised. 2.3 The "Chairman and Managing Director" shall mean the Chairman and Managing Director of HINDUSTAN PETROLEUM CORPORATION LIMITED or any person so appointed, nominated or designated and holding the office of Chairman & Managing Director. 2.4 The "Change Order" means an order given in writing by the Engineer-in-Charge or by Owner to effect additions to or deletion from or alterations into the Work. 2.5 The "Construction Equipment" means all appliances and equipment of whatsoever nature for the use in or for the execution, completion, operation or maintenance of the work except those intended to form part of the Permanent Work. 2.6 The "Contract" between the Owner and the Contractor shall mean and include all documents like enquiry, tender submitted by the contractor and the purchase order issued by the owner and other documents connected with the issue of the purchase order and orders, instruction, drawings, change orders, directions issued by the Owner/Engineer-in-Charge/Site-in-Charge for the execution, completion and commissioning of the works and the period of contract mentioned in the Contract including such periods of time extensions as may be granted by the owner at the request of the contractor and such period of time for which the work is continued by the contractor for purposes of completion of the work. 2.7 "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 heirs, representative, successor(s) and permitted assignees. 2300009746-HB-07007 Page | 25 26 2.8 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, be furnished or approved in writing by the Engineer-in-Charge. 2..9 The "Engineer-in-Charge or Site-in-Charge" shall mean the person appointed or designated as such by the Owner and shall include those who are expressly authorized by the owner to act for and on its behalf. 2.10 "The Owner" means the HINDUSTAN PETROLEUM CORPORATION LIMITED incorporated in India having its Registered office at PETROLEUM HOUSE, 17, JAMSHEDJI TATA ROAD, BOMBAY – 400 020 and Marketing office at _______________________________ or their successors or assignees. 2.11 The "Permanent Work" means and includes works which form a part of the work to be handed over to the Owner by the Contractor on completion of the contract. 2.12 The "Project Manager" shall mean the Project Manager of HINDUSTAN PETROLEUM CORPORATION LIMITED, or any person so appointed, nominated or designated. 2.13 The "Site" means the land on which the work is to be executed or carried out and such other place(s) for purpose of performing the Contract. 2.14 The "Specifications" shall mean the various technical and other specifications attached and referred to in the tender documents. It shall also include the latest editions, including all addenda/corrigenda or relevant Indian Standard Specifications and Bureau Of Indian Standards. 2.15 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 prior written consent of the Owner/Engineer-in-Charge/Site-in- Charge and their legal heirs, representatives, successors and permitted assignees of such person, firm or Company. 2.16 The "Temporary Work" means and includes all such works which are a part of the contract for execution of the permanent work but does not form part of the permanent work confirming to practices, procedures applicable rules and regulations relevant in that behalf. 2.17 The "Tender" means the document submitted by a person or authority for carrying out the work and the Tenderer means a person or authority who submits the tender offering to carry out the work as per the terms and conditions. 2.18 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 2300009746-HB-07007 Page | 26 27 substituted works as maybe required for the purposes of completion of the work contemplated under the Contract. 3. SUBMISSION OF TENDER 3.1 Before submitting the Tender, the Tenderer shall at their own cost and expenses visit the site, examine and satisfy as to the nature of the existing roads, means of communications, the character of the soil, state of land and of the excavations, the correct dimensions of the work facilities for procuring various construction and other material and their availability, and shall obtain information on all matters and conditions as they may feel necessary for the execution of the works as intended by the Owners and shall also satisfy of the availability of suitable water for construction of civil works and for drinking purpose and power required for fabrication work etc. Tenderer, whose tender may be accepted and with whom the Contract is entered into shall not be eligible and be able to make any claim on any of the said counts in what so ever manner for what so ever reasons at any point of time and such a claim shall not be raised as a dispute and shall not be arbitrable. 3.2 The Tenderer shall be deemed to have satisfied fully before tendering as to the correctness and sufficiency of his tender for the works and of the rates and prices quoted in the schedule of quantities which rates and prices shall except as otherwise provided cover all his obligations under the contract. 3.3 It must be clearly understood that the whole of the conditions and specifications are intended to be strictly enforced and that no work will be considered as extra work and allowed and paid for unless they are clearly outside the scope, spirit, meaning of the Contract and intent of the Owner and have been so ordered in writing by Owner and/or Engineer-in-Charge/Site-in-Charge, whose decision shall be final and binding. 3.4 Before filling the Tender the Contractor will check and satisfy all drawings and materials to be procured and the schedule of quantities by obtaining clarification from the Owner on all the items as may be desired by the Tenderer. No claim for any alleged loss or compensation will be entertained on this account, after submission of Tender by the Tenderer/Contractor and such a claim shall not be arbitrable. 3.5 Unless specifically provided for in the tender documents or any Special Conditions,no escalation in the Tender rates or prices quoted will be permitted throughout the period of contract or the period of actual completion of the job whichever is later on account of any variation in prices of materials or cost of labour or due to any other reasons. Claims on account of escalation shall not be arbitrable. 3.6 The quantities indicated in the Tender are approximate. The approved schedule of rates of the contract will be applicable for variations upto plus or minus 25% of the contract value. No revision of schedule of rates will be permitted for such variations in the 2300009746-HB-07007 Page | 27 28 contract value, including variations of individual quantities, addition of new items,alterations, additions/deletions or substitutions of items, as mentioned above. Quantities etc. mentioned and accepted in the joint measurement sheets shall alone be final and binding on the parties. 3.7 Owner reserve their right to award the contract to any tenderer and their decision in this regard shall be final. They also reserve their right to reject any or all tenders received. No disputes could be raised by any tenderer(s) whose tender has been rejected. 3.8 The Rates quoted by the Tenderer shall include Costs and expenses on all counts viz. cost of materials, transportation of machine(s), tools, equipments, labour,power, Administration charges, price escalations, profits, etc. etc. except to the extent of the cost of material(s), if any, agreed to be supplied by Owner and mentioned specifically in that regard in condition of Contract, in which case, the cost of such material if taken for preparation of the Contractor's Bill(s) shall be deducted before making payment of the Bill(s) of the Contractor. The description given in the schedule of quantities shall unless otherwise stated be held to include wastage on materials, carriage and cartage, carrying in and return of empties, hoisting, setting, fitting and fixing in position and all other expenses necessary in and for the full and complete execution and completion of works and in accordance with good practice and recognised principles in that regard. 3.9 Employees of the State and Central Govt. and employees of the Public Sector Undertakings, including retired employees are covered under their respective service conditions/rules in regard to their submitting the tender. All such persons should ensure compliance to the respective/applicable conditions, rules etc., Any person not complying with those rules etc. but submitting the tender in violation of such rules, after being so noticed shall be liable for the forfeiture of the Earnest Money Deposit made with the tender, termination of Contract and sufferance on account of forfeiture of Security Deposit and sufferance of damages arising as a result of termination of Contract. 3.10 In consideration for having a chance to be considered for entering into a contract with the Owner, the Tenderer agrees that the Tender submitted by him shall remain valid for the period prescribed in the tender conditions, from the date of opening of the tender. The Tenderer shall not be entitled during the said validity period, to revoke or cancel the tender without the consent in writing from the Owner. In case the tenderer revokes or cancels the tender or varies any of terms of the tender without the Consent of the Owner, in writing, the Tenderer forfeits the right to the refund of the Earnest Money paid along with the tender. 2300009746-HB-07007 Page | 28 29 3.11 The prices quoted by the Tenderer shall be firm during the validity period of the bid and Tenderer agrees to keep the bid alive and valid during the said period. The Tenderers shall particularly take note of this factor before submitting their tender(s). 3.12 The works shall be carried out strictly as per approved specifications. Deviations, if any, shall have to be authorised by the Engineer-in-Charge/Site-in-Charge in writing prior to implementing deviations. The price benefit, if any, arising out of the accepted deviation shall be passed on to the Owner. The decision of Engineer-in-Charge shall be final in this matter. 3.13 The contractor shall make all arrangements at his own cost to transport the required materials outside and inside the working places and leaving the premises in a neat and tidy condition after completion of the job to the satisfaction of Owner. All materials except those agreed to be supplied by the Owner shall be supplied by the contractor at his own cost and the rates quoted by the Contractor should be inclusive of all royalties, rents, taxes, duties, statutory levies, if any, etc. 3.14 The Contractor shall not carry on any work other than the work under this Contract within the Owners premises without prior permission in writing from the Engineer-in- Charge/Site-in-charge. 3.15 The Contractor shall be bound to follow and ensure compliance to all the safety and security regulations and other statutory rules applicable to the area. In the event of any damage or loss or sufference caused due to non-observance of such rules and regulations, the contractor shall be solely responsible for the same and shall keep the Owner indemnified against all such losses and claims arising from the same. 3.16 At any time after acceptance of tender, the Owner reserves the right to add, amend or delete any work item, the bill of quantities at a later date or reduce the scope of work in the overall interest of the work by prior discussion and intimation to the Contractor. The decision of Owner, with reasons recorded therefor, shall be final and binding on both the Owner and the Contractor. The Contractor shall not have right to claim compensation or damage etc. in that regard. The Owner reserves the right to split the work under this contract between two or more contractors without assigning any reasons. 3.17 Contractor shall not be entitled to sublet, sub contract or assign, the work under this Contract without the prior consent of the Owner obtained in writing. 3.18 All signatures in tender document shall be dated as well as all the pages of all sections of the tender documents shall be initialled at the lower position and signed, wherever required in the tender papers by the Tenderer or by a person holding Power of Attorney authorising him to sign on behalf of the tenderer before submission of tender. 2300009746-HB-07007 Page | 29 30 3.19 The tender should be quoted in English, both in figures as well as in words. The rates and amounts tendered by the Tenderer in the Schedule of rates for each item and in such a way that insertion is not possible. The total tendered amount should also be indicated both in figures and words with the signature of tenderer. If some discrepancies are found between the rates given in words and figures of the amount shown in the tender, the following procedure shall be applied : (a) When there is a difference between the rates in figures and words, the rate which corresponds to the amount worked out by the tenderer shall be taken as correct. (b) When the rate quoted by the tenderer in figures and words tallies but the amount is incorrect, the rate quoted by the tenderer shall be taken as correct. (c) When it is not possible to ascertain the correct rate in the manner prescribed above the rate as quoted in words shall be adopted. 3.20 All corrections and alterations in the entries of tender paper will be signed in full by the tenderer with date. No erasures or over writings are permissible. 3.21 Transfer of tender document by one intending tenderer to the another one is not permissible. The tenderer on whose name the tender has been sent only can quote. 3.22 The Tender submitted by a tenderer if found to be incomplete in any or all manner is liable to be rejected. The decision of the Owner in this regard is final and binding. In case of any error/discrepancy in the amount written in words and figures, the lower amount between the two shall prevail. 4. DEPOSITS a) EARNEST MONEY DEPOSIT (EMD)- NIL b) SECURITY DEPOSIT The tenderer, with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1%) of the total contract value in the form of account payee crossed demand draft drawn in favour of the Owner, within 15 days from the date of intimation of acceptance of their tender, failing which the Owner reserves the right to cancel the Contract and forfeit the EMD. 1% of PO/Contract value as Security deposit will be acceptable in the form of Demand draft upto Rs. 50,000/- and in the form of Demand draft / Bank guarantee beyond Rs. 50,000/- Composite PBG for 10% of PO value towards Security Deposit and Performance bank guarantee shall be accepted; which shall be valid upto a period of 3 months 2300009746-HB-07007 Page | 30 31 beyond the expiry of Defect liability period. Demand Draft should be drawn on Scheduled Banks, other than co-operative bank. 5. EXECUTION OF WORK All the works shall be executed in strict conformity with the provisions of the contract documents and with such explanatory details, drawings, specifications and instructions as may be furnished from time to time to the Contractor by the Engineer-in-Charge/ Site-in-Charge, whether mentioned in the Contract or not. The Contractor shall be responsible for ensuring that works throughout are executed in the most proper and workman- like manner with the quality of material and workmanship in strict accordance with the specifications and to the entire satisfaction of the Engineer-in- Charge/Site-in-Charge. The completion of work may entail working in monsoon also. The contractor must maintain the necessary work force as may be required during monsoon and plan to execute the job in such a way the entire project is completed within the contracted time schedule. No extra charges shall be payable for such work during monsoon. It shall be the responsibility of the contractor to keep the construction work site free from water during and off the monsoon period at his own cost and expenses. For working on Sundays/Holidays, the contractor shall obtain the necessary permission from Engineer Incharge/Site Incharge in advance. The contractor shall be permitted to work beyond the normal hours with prior approval of Engineer-In-Charge/Site-In-Charge and the contractors quoted rate is inclusive of all such extended hours of working and no extra amount shall be payable by the owner on this account. 5.a. SETTING OUT OF WORKS AND SITE INSTRUCTIONS 5.a.1. The Engineer-in-Charge/Site-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 an efficient staff for the purpose and shall be solely responsible for the accuracy of such setting out. 5.a.2. The Contractor shall provide, fix and be responsible for the maintenance of all necessary stakes, templates, level marks, profiles and other similar things and shall take all necessary precautions to prevent their removal or disturbance and shall be responsible for consequences 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, either existing or supplied and fixed by the Contractor. The work shall be set out to the satisfaction of the Engineer-in-Charge/Site- in-Charge. The approval thereof or joining in setting out the work shall not relieve the Contractor of his responsibility. 2300009746-HB-07007 Page | 31 32 5.a.3. Before beginning the works, the Contractor shall, at his own cost, provide all necessary reference and level posts, pegs, bamboos, flags ranging rods, strings and other materials for proper layout of the work in accordance with the scheme,for bearing marks acceptable to the Engineer-in-Charge/Site-in-Charge. The Centre longitudinal or face lines and cross lines shall be marked by means of small masonary 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/Site- in-Charge in writing. But such approval shall not relieve the contractor of any of his responsibilities. The Contractor shall also provide all labour, materials and other facilities, as necessary, for the proper checking of layout and inspection of the points during construction. 5.a.4. Pillars bearing geodetic marks located at the sites of units of works under construction should be protected and fenced by the Contractor. 5.a.5. On completion of works, the contractor shall submit the geodetic documents according to which the work was carried out. 5.a.6. The Engineer-in-Charge/Site-in-Charge shall communicate or confirm his instructions to the contractor in respect of the executions of work in a "work site order book" maintained in the office having duplicate sheet and the authorised representative of the contractor shall confirm receipt of such instructions by signing the relevant entries in the book. 5.a.7. All instructions issued by the Engineer-in-Charge/Site-in-Charge shall be in writing. The Contractor shall be liable to carry out the instructions without fail. 5.a.8. If the Contractor after receipt of written instruction from the Engineer-in-Charge/Site- in-Charge requiring compliance within seven days fails to comply with such drawings or 'instructions' or both as the Engineer-in-Charge/Site-in-Charge may issue, owner may employ and pay other persons to execute any such work whatsoever that may be necessary to give effect to such drawings or `instructions' and all cost and expenses incurred in connection therewith as certified by the Engineer-in-Charge/Site-in-Charge shall be borne by the contractor or may be deducted from amounts due or that may become due to the contractor under the contract or may be recovered as a debt. 5.a.9. 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. 5.a.10. In case any doubts arise in the mind of the Contractor in regard to any expressions, interpretations, statements, calculations of quantities, supply of material rates, etc. etc., the contractor shall refer the same to the Site-in-Charge/ Engineer-in-Charge for his 2300009746-HB-07007 Page | 32 33 clarification, instructions, guidance or clearing of doubts.The decision of the Engineer-in- Charge/Site-in-Charge shall be final and the contractor shall be bound by such a decision. 5.a.11. "The Contractor shall take adequate precautions, to ensure that his operations do not create nuisance or misuse of the work space that shall cause unnecessary disturbance or inconvenience to others at the work site". 5.a.12. "All fossils, coins articles of value of antiquity and structure or other remains of geological or archaeological discovered on the site of works shall be declared to be the property of the Owner and Contractor shall take reasonable precautions to prevent his workmen or any other persons from removing or damaging any such articles or thing and shall immediately inform the Owner/ Engineer-in-Charge/Site-in-Charge." 5.a.13. "Contractor will be entirely and exclusively responsible to provide and maintain at his expenses all lights, guards, fencing, etc. when and where even necessary or/as required by the Engineer-in-Charge/Site-in-Charge for the protection of works or safety and convenience to all the members employed at the site or general public." 5.b. COMMENCEMENT OF WORK The contractor shall after paying the requisite security deposit, commence work within 15 days from the date of receipt of the intimation of intent from the Owner informing that the contract is being awarded. The date of intimation shall be the date/day for counting the starting day/date and the ending day/date will be accordingly calculated. Penalty, if any, for the delay in execution shall be calculated accordingly. Contractor should prepare detailed fortnightly construction programme for approval by the Engineer-in-Charge within one month of receipt of Letter Of Intent The work shall be executed strictly as per such time schedule. The period of Contract includes the time required for testing, rectifications, if any, re-testing and completion of work in all respects to the entire satisfaction of the Engineer-in-Charge. A Letter of Intent is an acceptance of offer by the Owner and it need not be accepted by the contractor. But the contractor should acknowledge a receipt of the purchase order within 15 days of mailing of Purchase Order and any delay in acknowledging the receipt will be a breach of contract and compensation for the loss caused by such breach will be recovered by the Owner by forfeiting earnest money deposit/bid bond. 5.c. SUBLETTING OF WORK 5.c.1. No part of the contract nor any share or interest thereof shall in any manner or degree be transferred, assigned or sublet, by the Contractor, directly or indirectly to any firm or corporation whatsoever, without the prior consent in writing of the Owner. 2300009746-HB-07007 Page | 33 34 5.c.2. At the commencement of every month the Contractor shall furnish to the Engineer-in- charge/Site-in-Charge list of all sub-contractors or other persons or firms engaged by the Contractor. 5.c.3. The contract agreement will specify major items of supply or services for which the Contractor proposes to engage sub-Contractor/sub-Vendor. The contractor may from time to time propose any addition or deletion from any such list and will submit the proposals in this regard to the Engineer-in-charge/Designated officer-in-charge for approval well in advance so as not to impede the progress of work. Such approval of the Engineer-in-charge/Designated officer-in-charge will not relieve the contractor from any of his obligations, duties and responsibilities under the contract. 5.c.4. Notwithstanding any sub-letting with such approval as resaid and notwithstanding that the Engineer-in-Charge shall have received copies of any sub-contract, the Contractor shall be and shall remain solely to be 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 subletting or sub-contracting had not taken place and as if such work had been done directly by the Contractor. 5.c.5. Prior approval in writing of the Owner shall be obtained before any change is made in the constitution of the contractor/Contracting agency otherwise contract shall be deemed to have been allotted in contravention of clause entitled “sub-letting of works” and the same action may be taken and the same consequence shall ensue as provided in the clause of “sub- letting of works”. 5.d EXTENSION OF TIME 1) If the Contractor anticipates that he will not be able to complete the work within the contractual delivery / completion date (CDD), then the Contractor shall make a request for grant of time extension clearly specifying the reasons for which he seeks extension of time and demonstrating as to how these reasons were beyond the control of the contractor or attributable to the Owner. This request should be made well before the expiry of the Contractual Delivery/ Completion Date (CDD). 2) If such a request for extension is received with a Bank Guarantee for the full Liquidated Damages amount calculated on the Total Contract Value, the concerned General Manager of the Owner shall grant a Provisional extension of time, pending a decision on the request. 3) The concerned General Manager of the Owner shall expeditiously decide upon the request for time extension and in any case not later than 6 months from the CDD or date of receipt of the request, whichever is later. 2300009746-HB-07007 Page | 34 35 4) Grant of any extension of time shall be by means of issuance of a Change Order. 5) In order to avoid any cash crunch to the Contractor, a Bank Guarantee could be accepted against LD, as stated above. Once a decision is taken, the LD shall be recovered from any pending bills or by encashment of the BG. Any balance sum of Contractor or the BG (if LD is fully recovered from the bills) shall be promptly refunded/returned to the Contractor. 5.e. SUSPENSION OF WORKS 5.e.1. Subject to the provisions of this contract, the contractor shall if ordered in writing by the Engineer- in-Charge/Site-in-Charge for reasons recorded suspend the works or any part thereof for such period and such time so ordered and shall not, after receiving such, proceed with the work therein ordered to uspended until he shall have received a written order to re-start. The Contractor shall be entitled to claim extension of time for that period of time the work was ordered to be suspended. Neither the Owner nor the Contractor shall be entitled to claim compensation or damages on account of such an extension of time. 5.e.2. In case of suspension of entire work, ordered in writing by Engineer-in-Charge/Site-in- Charge, for a period of 30 days, the Owner shall Have the option to terminate the Contract as provided under the clause fortermination.The Contractor shall not be at liberty to remove from the site of the works any plant or materials belonging to him and the Employer shall have lien upon all such plant and materials. 5.e.3. The contract shall, in case of suspension have the right to raise a dispute and have the same arbitrated but however, shall not have the right to have the work stopped from further progress and completion either by the owner or through other contractor appointed by the owner. 5.f. OWNER MAY DO PART OF WORK Not withstanding anything contained elsewhere in this contract, the owner upon failure of the Contractor to comply with any instructions given in accordance with the provisions of this contract, may instead of Contract and undertaking charge of entire work, place additional labour force, tools, equipment and materials on such parts of the work, as the Owner may decide or engage another Contractor to carryout the balance of work. In such cases, the Owner shall have the right to deduct from the amounts payable to the Contractor the difference in cost of such work and materials with ten percent overhead added to cover all departmental charges. Should the total amount thereof exceed the amount due to the contractor, the Contractor shall pay the difference to the Owner within 15 days of making demand for payment failing which the Contractor shall be liable to pay interest at 24% p.a. on such amounts till the date of payment. 2300009746-HB-07007 Page | 35 36 5.g. INSPECTION OF WORKS 5.g.1. The Engineer-in-Charge/Site-in-Charge and Officers from Central or State Government 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/workshops of any person, firm or corporation where work in connection with the contract may be in hand or where the materials are being or are to be supplied, and the Contractor shall afford or procure for the Engineer-in-Charge/Site-in-Charge every facility and assistance to carryout such inspection. The Contractor shall, at all times during the usual working hours and at all other times at which reasonable notice of the intention of the Engineer- in-Charge/Site-in-Charge or his representative to visit the works shall have been given to the Contractor, either himself be present to receive orders and instructions, or have a responsible agent, duly accredited in writing, present 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/Site-in-Charge before covering up or otherwise placing 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 for carrying out such measurement and/or inspection. 5.g.2. No material shall be removed and dispatched by the Contractor from the site without the prior approval in writing of the Engineer-in-charge. 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 adapt as directed for inspection or measurements of the works by the Engineer-in-Charge/Site- in-Charge. 5.h. SAMPLES 5.h.1. The contractor shall furnish to the Engineer-in-charge/Site-in-Charge for approval when requested or required adequate samples of all materials and finishes to be used in the work. 5.h.2. Samples shall be furnished by the Contractor sufficiently in advance and before commencenent of the work so as the Owner can carry out tests and examinations thereof and approve or reject the samples for use in the works. All material samples furnished and finally used/applied in actual work shall fully be of the same quality of the approved samples. 5.i. TESTS FOR QUALITY OF WORK 5.i.1. All workmanship shall be of the respective kinds described in the contract 2300009746-HB-07007 Page | 36 37 documents and in accordance with the instructions of the Engineer-in-Charge / Site-in- Charge and shall be subjected from time to time to such tests at Contractor's cost as the Engineer-in-Charge/Site-in-Charge may direct at the 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 by the Engineer-in- Charge/Site-in-Charge. 5.i.2. All the tests that will be necessary in connection with the execution of the work as decided by the Engineer-in- charge/Site-in-Charge shall be carried out at the contractors cost and expenses. 5.i.3. If any tests are required to be carried out in connection with the work or materials or workmanship to be supplied by the owner, such tests shall be carried out by the Contractor as per instructions of Engineer-in-Charge/Site-in-Charge and expenses for such tests, if any, incurred by the contractor shall be reimbursed by the Owner. The contractor should file his claim with the owner within 15 (fifteen) days of inspection/test and any claim made beyond that period shall lapse and be not payable. 5.j. ALTERATIONS AND ADDITIONS TO SPECIFICATIONS, DESIGNS AND WORKS 5.j.1. The Engineer-in-Charge/Site-in-Charge shall have powers to make any alterations, additions and/or substitutions to the schedule of quantities, the original specifications,drawings, designs and instructions that may become necessary or advisable or during the progress of the work and the Contractor shall be bound to carryout such altered/extra/new items of work in accordance with instructions which may be given to him in writing signed by the Engineer-in-Charge/Site-in-Charge. Such alterations, omissions, additions or substitutions shall not invalidate the contract. The altered, additional or substituted work which the Contractor may be directed to carryon in the manner as part of the work shall be carried out by the Contractor on the same conditions in all respects on which he has agreed to do the work. The time for completion of such altered added and/or substituted work may be extended for that part of the particular job. The rates for such additional altered or substituted work under this Clause shall, be worked out in accordance with the following provisions: 5.j.2. If the rates for the additional, altered or substituted work are specified in the contract for similar class of work, the Contractor is bound to carryout the additional, altered or substituted work at the same rates as are specified in the contract. 5.j.3. 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 work as are specified in the contract for the work. In the opinion of the Engineer-in- Charge/Site-in-Charge as to whether or not the rates can be reasonably so derived from the items in this contract, will be final and binding on the Contractor. 2300009746-HB-07007 Page | 37 38 5.j.4. If the rates for the altered, additional or substituted work cannot be determined in the manner specified above, then the Contractor shall, within seven days of the date of receipt of order to carry out the work, inform the Engineer-in-Charge/ Site-in-Charge of the rate at which he intends to charge for such class of work, supported by analysis of the rate or rates claimed and the Engineer-In-Charge/ Site-in-Charge shall determine the rates on the basis of the prevailing market rates for both material and labour plus 10% to cover overhead and profit of labour rates and pay the Contractor accordingly. The opinion of the Engineer-in- Charge/Site-in-Charge as to current market rates of materials and the quantum of labour involved per unit of measurement will be final and binding on the contractor. 5.j.5. The quantities indicated in the Tender are approximate. The approved schedule of rates of the contract will be applicable for variations of upto +25% of the estimated contract value. No revision of schedule of rates will be permitted for such variations in the contract value, even for variations of individual quantities, addition of new items, alterations, additions/deletions or substitutions of items, as mentioned above. 5.j.6. In case of any item of work for which there is no specification supplied by the Owner and is mentioned 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/ Site-in-Charge. 5.k. PROVISIONAL ACCEPTANCE Acceptance of sections of the works for purposes of equipment erection, piping, electrical work and similar usages by the Owner and payment for such work or parts of work shall not constitute a waiver of any portion of this contract and shall not be construed so as to prevent the Engineer from requiring replacement of defective work that may become apparent after the said acceptance and also shall not absolve the Contractor of the obligations under this contract. It is made clear that such an acceptance does not indicate or denote or establish to the fact of execution of that work or the Contract until the work is completed in full in accordance with the provisions of this Contract. 5.l. COMPLETION OF WORK AND COMPLETION CERTIFICATE As soon as the work is completed in all respects, the contractor shall give notice of such completion to the site in charge or the Owner and within thirty days of receipt of such notice the site in charge shall inspect the work and shall furnish the contractor with a certificate of completion indicating: a) defects, if any, to be rectified by the contractor 2300009746-HB-07007 Page | 38 39 b) items, if any, for which payment shall be made in reduced rates c) the date of completion. 5.m. USE OF MATERIALS AND RETURN OF SURPLUS MATERIALS 5.m.1. Notwithstanding anything contained to the contrary in any or all of the clauses of this contract, where any materials for the execution of the contract are procured with the assistance of Government either by issue from Government stocks or purchase made under orders or permits or licences issued by Government, the contractor shall use the said materials economically and solely for the purpose of the contract and shall not dispose them of without the permission of the Owner. 5.m.2. All surplus(serviceable) or unserviceable materials that may be left over after the completion of the contract or at its termination for any reason whatsoever, the Contractor shall deliver the said product to the Owner without any demur. The price to be paid to the Contractor, if not already paid either in full or in part, however, shall not exceed the amount mentioned in the Schedule of Rates for such material and in cases where such rates are not so mentioned, shall not exceed the CPWD scheduled rates. In the event of breach of the aforesaid condition the contractor shall become liable for contravention of the terms of the Contract. 5.m.3. The surplus (serviceable) and unserviceable products shall be determined by joint measurement. In case where joint measurement has failed to take place, the Owner may measure the same and determine the quantity. 5.m.4. It is made clear that the Owner shall not be liable to take stock and keep possession and pay for the surplus and unserviceable stocks and the Owner may direct the Contractor to take back such material brought by the Contractor and becoming surplus and which the Owner may decide to keep and not to pay for the same. 5.n. DEFECT LIABILITY PERIOD The contractor shall guarantee the work executed for a period of 12 months from the date of completion of the job. Any damage or defect that may arise or lie undiscovered at the time of completion of the job shall be rectified or replaced by the contractor at his own cost. The decision of the Engineer In-charge/Site-Incharge/Owner shall be the final in deciding whether the defect has to be rectified or replaced.Equipment or spare parts replaced under warranty/guarantees shall have further warranty for a mutually agreed period from the date of acceptance. 2300009746-HB-07007 Page | 39 40 The owner shall intimate the defects noticed in writing by a Registered A.D. letter or otherwise and the contractor within 15 days of receipt of the intimation shall start the rectification work and complete within the time specified by the owner failing which the owner will get the defects rectified by themselves or by any other contractor and the expenses incurred in getting the same done shall be paid by the Contractor under the provision of the Contract. Thus, defect liability is applicable only in case of job/works contract (civil, mechanical, electrical, maintenance etc. ) where any damage of defect may arise in future (i.e. within 12 months from the date of completion of job) or lie undiscovered at the time of completion of job. In other words, in case of service contracts (like car hire etc.) where there is no question of damage or defect arising in future, the defect liability clause is not applicable. 5.o. DAMAGE TO PROPERTY 5.o.1. 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 by the Owner or of other agencies within the premises of the work of the Owner, if such loss or damage is due to fault and/or the negligence or willful acts or omission of the Contractor, his employees, agents, representatives or sub- contractors. 5.o.2. The Contractors shall indemnify and keep the Owner harmless of all claims for damage to Owner's property arising under or by reason of this contract. 6. DUTIES AND RESPONSIBILITIES OF CONTRACTOR 6.a. EMPLOYMENT LIABILITY TOWARDS WORKERS EMPLOYED BY THE CONTRACTOR 6.a.1. The Contractor shall be solely and exclusively responsible for engaging or employing persons for the execution of work. All persons engaged by the contractor shall be on Contractor's payroll and paid by Contractor. All disputes or differences between the Contractor and his/their employees shall be settled by Contractor. 6.a.2. Owner has absolutely no liability whatsoever concerning the employees of the Contractor. The Contractor shall indemnify Owner against any loss or damage or liability arising out of or in the course of his/their employing persons or relation with his/their employees. The Contractor shall make regular and full payment of wages and on 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 payments directly to such employees or sub- contractor of the Contractor and recover the amount in full from the bills of the Contractor and the contractor shall not claim any compensation or reimbursement thereof. The Contractor shall comply with the 2300009746-HB-07007 Page | 40 41 Minimum Wages Act applicable to the area of work site with regard to payment of wages to his employees and also to employees of his sub contractor. 6.a.3. The Contractor shall advise in writing or in such appropriate way to all of his employees and employees of sub-contractors and any other person engaged by him that their appointment/employment is not by the Owner but by the Contractor and that their present appointment is only in connection with the construction contract with Owner and that therefore, such an employment/appointment would not enable or make them eligible for any employment/appointment with the Owner either temporarily or/and permanent basis. 6.b. NOTICE TO LOCAL BODIES The contractor shall comply with and give all notices required under any Government authority, instruction, rule or order made under any act of parliament, state laws or any regulations or by-laws of any local authority relating to the works. 6.c. FIRST AID AND INDUSTRIAL INJURIES 6.c.1 Contractor shall maintain first aid facility for his employees and those of his sub- contractors. 6.c.2. Contractor shall make arrangements for ambulance service and for the treatment of all types of injuries. Names and telephone numbers of those providing such services shall be furnished to Owner prior to start of construction and their name board shall be prominently displayed in Contractor's field office. 6.c.3. All industrial injuries shall be reported promptly to owner and a copy of contractor's report covering each personal injury requiring the attention of a physician shall be furnished to the Owner. 6.d. SAFETY CODE 6.d.1. The Contractor shall at his own expenses arrange for the Safety provisions as may be necessary for the execution of the work or as required by the Engineer-in-Charge in respect of all labours directly or indirectly employed for performance of the works and shall provide all facilities in connections therewith. In case the contractor fails to make arrangements and provide necessary facilities as aforesaid, the Owner shall be entitled to do so and recover the cost thereof from the Contractor. 6.d.2. From the commencement to the completion of the works, the contractor shall take full responsibility for the care thereof and of all the temporary works (defined as meaning all temporary works of every kind required in or for the execution, completion or maintenance of the works). In case damage, loss or injury shall happen to the works or 2300009746-HB-07007 Page | 41 42 to any part thereof or to temporary works or to any cause whatsoever repair at his (Contractor's) own cost and make good the same so that at the time of completion, the works shall be in good order and condition and in conformity in every respect with the requirement of the contract and Engineer-in-Charge's instructions. 6.d.3. In respect of all labour, directly or indirectly employed in the work for the performance of the Contractor's part of this agreement, the contractor shall at his own expense arrange for all the safety provisions as per relevant Safety Codes of C.P.W.D Bureau of Indian Standards, the Electricity Act/I.E. Rules. The Mines Act and such other Acts as applicable. 6.d.4. The Contractor shall observe and abide by all fire and safety regulations of the Owner. Before starting construction work, the Contractor shall consult with Owner's Safety Engineer or Engineer-in-Charge/Site-in-Charge and must make good to the satisfaction of the Owner any loss or damage due to fire to any portion of the work done or to be done under this agreement or to any of the Owner's existing property. 6.d.5. The Contractor will be fully responsible for complying with all relevant provisions of the Contract Labour Act and shall pay rates of Wages and observe hours of work/conditions of employment according to the rules in force from time to time. 6.d.6. The Contractor will be fully responsible for complying with the provision including documentation and submission of reports on the above to the concerned authorities and shall indemnify the Corporation from any such lapse for which the Government will be taking action against them. 6.d.7. Owner shall on a report having been made by an inspecting Office as defined in the Contract Labour Regulations have the power to deduct from the money due to the Contractor any sum required or estimated to be required for making good the loss suffered by a worker(s) by reasons of non-fulfillment of conditions of contract for the benefit of workers no-payment of wages or of deductions made from his or their wages which are not justified by the terms of contract or non observance of the said contractor's labour Regulation. 6.e. INSURANCE AND LABOUR Contractor shall at his own expense obtain and maintain an insurance policy with a Nationalised Insurance Company to the satisfaction of the Owner as provided hereunder. 6.e.1. EMPLOYEES STATE INSURANCE ACT i. The Contractor agrees to and does hereby accept full and exclusive liability for the compliance with all obligations imposed by Employees State Insurance Act,1948, and 2300009746-HB-07007 Page | 42 43 the Contractor further agrees to defend indemnify and hold Owner harmless from any liability or penalty which may be imposed by the Central, State or local authority by reason of any asserted violation by Contractor, or sub-contractor of the Employees' State Insurance Act, 1948 and also from all claims, suits or proceedings that may be brought against the Owner arising under, growing out of or by reason of the work provided for by this contract whether brought by employees of the Contractor, by third parties or by Central or State Government authority or any political sub-division thereof. ii. The Contractor agrees to file 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 employee whose aggregate emuneration is within the specified limit and who are employed in the work provided 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's State Insurance Act from wages and affix the employee's contribution cards at wages payment intervals. The Contractor shall remit and secure the agreement of the sub contractor to remit to the State Bank of India, Employee's State Insurance Corporation Account, the Employee's contribution as required by the Act. iii. The Contractor agrees to maintain all records as required under the Act in respect of employees and payments and the Contractor shall secure the agreement of the sub contractor to maintain such records. Any expenses incurred for the contributions, making contribution or maintaining records shall be to the Contractor's or sub- contractor's account. iv. The Owner shall retain such sum as may be necessary from the total contract value until the Contractor shall furnish satisfactory proof that all contributions as required by the Employees State Insurance Act, 1948, have been paid. v.WORKMAN'S COMPENSATION AND EMPLOYEE'S LIABILITY INSURANCE Provide Insurance for all the Contractor's employees engaged in the performance of this contract. If any of the work is sublet, the Contractor shall ensure that the sub contractor provides workmen's compensation and Employer's Liability Insurance for the latter's employees who are not covered under the Contractor's insurance. vi.AUTOMOBILE LIABILITY INSURANCE Contractor shall take out an Insurance to cover all risks to Owner for each of his vehicles plying on works of this contract and these insurances shall be valid for the total contract period. No extra payment 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 2300009746-HB-07007 Page | 43 44 loss result from unauthorised use of the vehicle. The provisions of the Motor Vehicle Act would apply. vii. FIRE INSURANCE Contractor shall within two weeks after award of contract insure the Works, Plant and Equipment and keep them insured until the final completion of the Contract against loss or damage by accident, fire or any other cause with an insurance company to be approved by the Employer/Consultant in the joint names of the Employer and the Contractor (name of the former being placed first in the Policy). Such Policy shall cover the property of the Employer only. 6.e.2. ANY OTHER INSURANCE REQUIRED UNDER LAW OR REGULATION OR BY OWNER i. Contractor shall also provide and maintain any and all other insurance which may be required under any law or regulations from time to time. He shall also carry and maintain any other insurance which may be required by the Owner. ii. The aforesaid insurance policy/policies shall provide that they shall not be cancelled till the Engineer-in-Charge has agreed to their cancellation. iii. The Contractor shall satisfy to the Engineer-in-Charge/Site-in-Charge from time to time that he has taken out all insurance policies referred to above and has paid the necessary premium for keeping the policies alive till the expiry of the defects liability period. iv. The contractor shall ensure that similar insurance policies are taken out by his sub- contractor (if any) and shall be responsible for any claims or losses to the Owner resulting from their failure to obtain adequate insurance protections in connection thereof. The contractor shall produce or cause to be proceed by his sub-contractor (if any) as the case may be, the relevant policy or policies and premium receipts as and when required by the Engineer-in-Charge/Site-in-Charge. v. Contractor shall at his own expense cover all the workmen engaged under him under “Pradhan Mantri Surksha Bima Yojana (PMSBY)” and submit proof of the same to HPCL. 6.e.3. LABOUR AND LABOUR LAWS i. The contractor shall at his own cost employ persons during the period of contract and the persons so appointed shall not be construed under any circumstances to be in the employment of the Owner. 2300009746-HB-07007 Page | 44 45 ii. All payments shall be made by the contractor to the labour employed by him in accordance with the various rules and regulations stated above. The contractor shall keep the Owner indemnified from any claims whatsoever inclusive of damages/costs or otherwise arising from injuries or alleged injuries to or death of a person employed by the contractor or damages or alleged damages to the property. iii. No labour below the age of eighteen years shall be employed on the work.The Contractor shall not pay less than what is provided under the provisions of the contract labour (Regulations 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 workman to be employed by him or through sub contractor and get himself registered under the Act. He shall produce the required Certificates to the Owner before commencement of the work. The Owner recognises only the Contractor and not his sub contractor under the provisions of the Act. The Contractor will have to submit daily a list of his workforce. He will also keep the wage register at the work site or/and produce the same to the Owner, whenever desired. A deposit may be taken by the Owner from the Contractor to be refunded only after the Owner is satisfied that all workmen employed by the Contractor have been fully paid for the period of work in Owner's premises at rates equal to or better than wages provided for under the Minimum Wages Act. The contractor shall be responsible and liable for any complaints that may arise in this regard and the consequences thereto. iv. The Contractor will comply with the provisions of the Employee's Provident Fund Act and the Family Pension Act as may be applicable and as amended from time to time. 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. vi. IMPLEMENTATION OF APPRENTICES ACT, 1961 The Contractor shall comply with the provisions of the Apprentices Act, 1961 and the Rules and Orders issued thereunder from time to time. If he fails to do so, his failure will be a 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. vii. MODEL RULES FOR LABOUR WELFARE The Contractor shall at his own expenses comply with or cause be complied with Model rules for Labour Welfare as appended to those conditions or rules framed by the Government from time to time for the protection of health and for making sanitary arrangements for worker employed directly or indirectly on the works. In case the contractor fails to make arrangements as aforesaid the Engineer-in-Charge/Site-in- Charge shall be entitled to do so and recover the cost thereof from the contractor. 2300009746-HB-07007 Page | 45 46 6.f. DOCUMENTS CONCERNING WORKS 6.f.1. All documents including drawings, blue prints, tracings, reproducible models,plans, specifications and copies, thereof furnished by the Owner as well as all drawings, tracings, reproducibles, 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 the Owner and shall not be used by the contractor for any other work but are to be delivered to the Owner at the completion or otherwise of the contract. 6.f.2. The Contractor shall keep and maintain secrecy of the documents, drawings etc.issued to him for the execution of this contract and restrict access to such documents, drawings etc. and further the Contractor shall execute a SECRECY agreement from each or any person employed by the Contractor having access to such documents, drawings etc. The Contractor shall not issue drawings and documents to any other agency or individual without the written approval by the Engineer-in-Charge/Site-in- Charge. 6.f.3. Contractor will not give any information or document etc. concerning details of the work to the press or a news disseminating agency without prior written approval from Engineer-in-charge/Site-in-Charge. Contractor shall not take any pictures on site without written approval of Engineer-in-Charge/Site-in-Charge. 7. PAYMENT OF CONTRACTOR'S BILLS 7.1. Payments will be made against Running Accounts bills certified by the Owner's Engineer-in-Charge/Site-in-Charge within 15 days from the date of receipt of the bills 7.2. Running Account Bills and the final bill shall be submitted by the Contractor together with the duly signed measurements sheet(s) to the Engineer-in-Charge/ Site-in-Charge of the Owner in quadruplicate for certification. The Bills shall also be accompanied by quantity calculations in support of the quantities contained in the bill along with cement consumption statement, actual/theoretical, wherever applicable duly certified by the Engineer-in-Charge/ Site-in-Charge of the Owner. 7.3. All running account payments shall be regarded as on account payment(s) to be finally adjusted against the final bill payment. Payment of Running Account Bill(s) shall not determine or affect in any way the rights of the Owner under this Contract to make the final adjustments of the quantities of material, measurements of work and adjustments of amounts etc., in the final bill. 7.4. The final bill shall be submitted by the Contractor within one month of the date of completion of the work fully and completely in all respects. If the Contractor fails to submit the final bill accordingly Engineer-in-Charge/Site-in-Charge may make the 2300009746-HB-07007 Page | 46 47 measurement and determine the total amount payable for the work carried out by the Contractor and such a certification shall be final and binding on the Contractor. The Owner/Engineer- in-Charge/Site-in-Charge may take the assistance of an outside party for taking the measurement, the expenses of which shall be payable by the Contractor. 7.5. Payment of final bill shall be made within 45 days from the date of receipt of the certified bill by the Disbursement Section of the owner. 7.6 Wherever possible, Payment shall be tendered to the contractor in electronic mode (e- payment) through any of the designated banks. The contractor will comply by furnishing full particulars of Bank Account ( mandate ) to which the payments will be routed . Owners reserves the right to make payment in any alternate mode also. 7.a. MEASUREMENT OF WORKS 7.a.1. All measurements shall be in metric system. All the works will be jointly measured by the representative of the Engineer-in-Charge/Site-in-Charge and the Contractor or their authorised agent progressively. Such measurement will be recorded in the Measurement Book/Measurement Sheet by the Contractor or his authorized representative and signed in token of acceptance by the Owner or their authorised representative. 7.a.2. For the purpose of taking joint measurement, the Contractor/representative shall be bound to be present whenever required by the Engineer-in-Charge/Site-in-Charge. If, however, they are absent for any reasons whatsoever, the measurement will be taken by the Engineer-in-Charge/Site-in-Charge or his representative and the same would be deemed to be correct and binding on the Contractor. 7.a.3. In case of any dispute as to the mode of measurement for any item of work, the latest Indian Standard Specifications shall be followed. In case of any further dispute on the same the same shall be as per the certification of an outside qualified Engineer/ Consultant. Such a measurement shall be final and binding on the Owner and the Contractor. 7.b. BILLING OF WORKS EXECUTED The Contractor will submit a bill in approved proforma in quadruplicate to the Engineer- in-Charge/Site-in-Charge of the work giving abstract and detailed measurement for the various items executed during a month, before the expiry of the first week of the succeeding month. The Engineer-in-Charge/Site-in-Charge shall take or cause to be taken the requisite measurements for the purpose of having the bill verified and/or checked before forwarding the same to the disbursement office of the Owner for further action in terms of the Contract and payment thereafter The Engineer-in- 2300009746-HB-07007 Page | 47 48 Charge/Site-in-Charge shall verify the bills within 7 days of submission of the Bill by the Contractor. 7.c. RETENTION MONEY 10% of the total value of the Running Account and Final Bill will be deducted and retained by the Owner as retention money on account of any damage/defect liability that may arise for the period covered under the defect liability period clause of the Contract free of interest. Any damage or defect that may arise or lie undiscovered at the time of issue of completion certificate connected in any way with the equipment or materials supplied by contractor or in workmanship shall be rectified or replaced by the contractor at his own expense failing which the Owner shall be entitled to rectify the said damage/defect from the retention money. Any excess of expenditure incurred by the Owner on account of damage or defect shall be payable by the Contractor. The decision of the Owner in this behalf shall not be liable to be questioned but shall be final and binding on the Contractor. Thus, deduction towards retention money is applicable only in case of job/works contracts (civil, mechanical, electrical, maintenance etc.) where any damage or defect may arise in future (i.e. within 12 months from the date of completion of job) or lie undiscovered at the time of issue of completion certificate. 7.d. STATUTORY LEVIES 7.d.1 The Contractor accepts full and exclusive liability for the payment of any and all taxes, duties, cess, levies and statutory payments payable under all or any of the statutes etc. Variations of taxes and duties arising out of the amendments to the Central / State enactments, in respect of sale of goods / services covered under this bid shall be to HPCL’s account, so long as : • They relate to the period after the opening of the price bid, but before the contracted completion period ( excluding permitted extensions due to delay on account of the contractors, if any) or the actual completion period, whichever is earlier; and • The vendor furnishes documentary evidence of incurrence of such variations, in addition to the invoices/documents for claiming Cenvat /Input Tax credit, wherever applicable. All contributions and taxes for unemployment compensation, insurance and old age pensions or annuities now or hereafter imposed by Central or State Governmental authorities which are imposed with respect to or covered by the wages, salaries or other compensations paid to the persons employed by the Contractor and the Contractor shall be responsible for the compliance with all obligations and restrictions imposed by the Labour Law or any other law affecting employer-employee relationship and the 2300009746-HB-07007 Page | 48 49 Contractor further agrees to comply and to secure the compliance of 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 or Local authorities by reason of any violation by Contractor or sub-contractor of such laws, regulations or requirements and also from all claims, suits or proceedings that may be brought against the Owner arising under, growing out of, or by reasons of the work provided for by this contract by third parties, or by Central or State Government authority or any administrative sub- division thereof. The Contractor further agrees that in case any such demand is raised against the Owner, and Owner has no way but to pay and pays/makes payment of the same, the Owner shall have the right to deduct the same from the amounts due and payable to the Contractor. The Contractor shall not raise any demand or dispute in respect of the same but may have recourse to recover/receive from the concerned authorities on the basis of the Certificate of the Owner issued in that behalf. 7.d.2. The rates quoted should be inclusive of all taxes. However, wherever a tax to be deducted at source the same will be deducted from the bills of the Contractor and paid to the concerned authorities. The proof of such payments of tax on works contract will be furnished to the contractor. The vendor shall comply with all the provisions of the GST Act/Rules/requirements like providing of tax invoices, payment of taxes to the authorities within the due dates, filing of returns within the due dates etc. to enable HPCL to take Input Tax Credit. In case of imports, vendor shall provide import documents and invoice fulfilling the requirement of Customs Act and Rules. Vendor will be fully responsible for complying with the Customs provisions to enable HPCL to take Input Tax Credit. In case, HPCL is not able to take Input Tax Credit due to any noncompliance/default/negligence of the seller of goods/service provider, the same shall be recovered from the pending bills/dues (including security deposit, BG etc.)Vendor shall be responsible to indemnify the Corporation for any loss, director implied accrued to the Corporation on account of supplier/service providerfailure to discharge his statutory liabilities like paying taxes on time, filing appropriate returns within the prescribed time etc. 7.d.3. Income tax will be deducted at source as per rules at prevailing rates, unless certificate, if any, for deduction at lesser rate or nil deduction is submitted by the Contractor from appropriate authority. 7.d.4 The contractor shall provide accurate particulars of PAN number as required, under Section 206AA of Income Tax Act 1961. 7.d.5 The contractors having their ‘tax residency status’ outside India shall provide Tax Residency Certificate (TRC), issued by Government of the Country or the specified territory where the Contractor is a Resident. Rule 21AB of the Income Tax Rules, 1962 2300009746-HB-07007 Page | 49 50 has prescribed the contents of a TRC. This would enable the Corporation to deduct tax at source by duly considering the ‘treaty relief’, if any, under Double Taxation Avoidance Agreement (DTAA) entered into between GOI and the respective country/specified territory in which the Contractors’ ‘tax residency status’ is currently in force. 7.d.6 Anti-Profiteering Clause – GST Act anti-profiteering provisions mandates that any reduction in tax rates or benefits of input tax credits be passed on to the consumer by way of commence reduction in prices. Vendors to take note of the same and pass such benefits while quoting their price. 8. PAYMENT OF CLAIMS AND DAMAGES 8.1. Should the Owner have to pay money in respect of claims or demands as aforesaid the amount so paid and the costs incurred by the Owner shall be charged to and paid by the Contractor and the Contractor shall not be entitled to dispute or question the right of the Owner to make such payments notwithstanding the same may have been without his consent or authority or in law or otherwise to the contrary. 8.2. In every case in which by virtue of the provisions of Workmen's Compensation Act, 1923, or other Acts, the Owner is obliged to pay Compensation to a Workman employed by the 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 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 this contract or otherwise. The Owner shall not be bound to contest any claim made under Section 12 sub section (1) of the said Act, except on the written request of the Contractor and upon his giving to the Owner full security for all costs for which the owner might become liable in consequence of contesting such claim. 8.a. ACTION AND COMPENSATION IN CASE OF BAD WORK If it shall appear to the Engineer-in-Charge/Site-in-Charge that any work has been executed with bad, imperfect or unskilled workmanship, or with materials, or that any materials or articles provided by the Contractor for execution of the work are not of standards specified/inferior quality to that contracted for, or otherwise not in accordance with the contract, the CONTRACTOR shall on demand in writing from the Engineer-in-Charge/Site-in-Charge or his authorised representative specifying the work, materials or articles complained of, notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct the work so specified and at his own charge and cost and expenses and in the event of failure to do so within a period of 15 days of such intimation/information/knowledge, the Contractor shall be liable to pay compensation equivalent to the cost of reconstruction by the Owner. On expiry of 15 days period mentioned above, the Owner 2300009746-HB-07007 Page | 50 51 may by themselves or otherwise rectify or remove and re-execute the work or remove and replace with others, the materials or articles complained of as the case may be at the risk and expenses in all respects of the Contractor. The decision of the Engineer-in- Charge/ Site-in-Charge as to any question arising under this clause shall be final and conclusive and shall not be raised as a dispute or shall be arbitrable. 8.b. INSPECTION AND AUDIT OF CONTRACT AND WORKS This project is subject to inspection by various Government agencies of Government of India. The contractor shall extend full cooperation to all the Government and other agencies in the inspection of the works, audit of the Contract and the documents of Contract Bills, measurements sheets etc. etc. and examination of the records of works and make enquiries interrogation as they may deem fit, proper and necessary. Upon inspection etc. by such agencies if it is pointed out that the contract work has not been carried out according to the prescribed terms and conditions as laid down in the tender documents and if any recoveries are recommended, the same shall be recovered from the contractors running bills/final bill/from ordered/suggested Security Deposit/retention money. The Contractor shall not rise any dispute on any such account and the same shall not be arbitrable. 9. CONTRACTOR TO INDEMNIFY THE OWNER The Contractor shall indemnify the Owner and every member, officer and employee of the Owner, also the Engineer-in-Charge/Site-in-Charge and his staff against all the actions, proceedings, claims, demands, costs, expenses, whatsoever arising out of or in connection with the works and all actions, proceedings, claims, demands, costs, 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. The Contractor shall be liable for or in respect of or in consequence of any accident or injury to any workmen or other person in the employment of the Contractor or his sub contractor and Contractor shall indemnify and keep indemnified the Owner against all such damages, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 10. PRICE REDUCTION i) In case of any delay in completion of the work beyond the CDD, the Owner shall be entitled to be paid Price Reduction by the Contractor. The Price Reduction shall be initially at the rate of 0.5% (half percent) of the total contract value for every week of the delay subject to a maximum of 5% of the total contract value. The Price Reduction shall be recovered by the Owner out of the amounts payable to the Contractor or from any Bank Guarantees or Deposits furnished by the Contractor or the Retention Money retained from the Bills of the Contractor, either under this contract or any other contract. 2300009746-HB-07007 Page | 51 52 ii) The Contractor shall be entitled to give an acceptable unconditional Bank Guarantee in lieu of such a deduction if Contractor desires any decision on a request for time extension. iii) Once a final decision is taken on the request of the Contractor or otherwise, the Price Reduction shall be applicable only on the basic cost of the contract and on each full completed week(s) of delay (and for part of the week, a pro-rata Price Reduction amount shall be applicable). iv) This final calculation of Price Reduction shall be only on the value of the unexecuted portion/quantity of work as on the CDD. v) Contractor agrees with the Owner, that the above represents a genuine pre-estimate of the damages which the Owner will suffer on account of delay in the performance of the work by Contractor. The Contractor further agrees that the Price Reduction amount is over and above any right which owner has to risk purchase under Clause 12.4 and any right to get the defects in the work rectified at the cost of the contractor. 11. DEFECTS AFTER TAKING OVER OR TERMINATION OF WORK CONTRACT BY OWNER The Contractor shall remain responsible and liable to make good all losses or damages that may occur/appear to the work carried out under this Contract within a period of 12 months from date of issue of the Completion Certificate and/or the date of Owner taking over the work, which ever is earlier. The Contractor shall issue a Bank Guarantee to the Owner in the sum of 10% of the work entrusted in the Contract, from any nationalised Bank acceptable to the Owner and if however, the Contractor fails to furnish such a Bank Guarantee the Owner shall have right to retain the Security Deposit and Retention Money to cover the 10% of the Guarantee amount under this clause and to return/refund the same after the expiry of the period of 12 months without any interest thereon. (Please refer to clause 4. Deposits ) 12. TERMINATION OF CONTRACT 12.1 The owner may terminate the contract at any stage of the construction for reasons to be recorded in the letter of termination. 12.2 The Owner inter alia may terminate the Contract for any or all of the following reasons that the contractor a) has abandoned the work/Contract. b) has failed to commence the works, or has without any lawful excuse under these conditions suspended the work for 15 consecutive days. 2300009746-HB-07007 Page | 52 53 c) has failed to remove materials from the site or to pull down and replace the work within 15 days after receiving from the Engineer written notice that the said materials or work were condemned and/or rejected by the Engineer under specified conditions. d) has neglected or failed to observe and perform all or any of the terms acts, matters or things under this Contract to be observed and performed by the Contractor. e) has to the detriment of good workmanship or in defiance of the Engineer's instructions to the contrary sub-let any part of the Contract. f) has acted in any manner to the detrimental interest, reputation, dignity, name or prestige of the Owner. g) has stopped attending to work without any prior notice and prior permission for a period of 15 days. h) has become untraceable. i) has without authority acted in violation of the terms and conditions of this contract and has committed breach of terms of the contract in best judgement of the owner. j) has been declared insolvent/bankrupt. k) in the event of sudden death of the Contractor. 12.3 The owner on termination of such contract shall have the right to appropriate the Security Deposit, Retention Money and invoke the Bank Guarantee furnished by the contractor and to appropriate the same towards the amounts due and payable by the contractor as per the conditions of Contract and return to the contractor excess money, if any, left over. 12.4 In case of Termination of the contract, Owner shall have the right to carry out the unexecuted portion of the work either by themselves or through any other contractor(s) at the risk and cost of the Contractor. In view of paucity of time, Owner shall have the right to place such unexecuted portion of the work on any nominated contractor(s). However, the overall liability of the Contractor shall be restricted to 100 % of the total contract value. 12.5 The contractor within or at the time fixed by the Owner shall depute his authorized representative for taking joint final measurements of the works executed thus far and submit the final bill for the work as per joint final measurement within 15 days of the date of joint final measurement. If the contractor fails to depute their representative for joint measurement, the owner shall take the measurement with their Engineer-in- 2300009746-HB-07007 Page | 53 54 Charge/Site-in-Charge or any other outside representatives. Such a measurement shall not be questioned by the Contractor and no dispute can be raised by the Contractor for purpose of Arbitration. 12.6 The Owner may enter upon and take possession of the works and all plant, tools,scaffoldings, sheds, machinery, power operated tools and steel, cement and other materials of the Contract at the site or around the site and use or employ the same for completion of the work or employ any other contractor or other person or persons to complete the works. The Contractor shall not in any way object or interrupt or do any act, matter or thing to prevent or hinder such actions, other Contractor or other persons employed for completing and finishing or using the materials and plant for the works. When the works shall be completed or as soon thereafter the Engineer shall give a notice in writing to the Contractor to remove surplus materials and plant, if any, and belonging to the Contractor except as provided elsewhere in the Contract and should the Contractor fail to do so within a period of 15 days after receipt thereof the Owner may sell the same by public auction and shall give credit to the contractor for the amount realised. The Owner shall thereafter ascertain and certify in writing under his hand what (if anything) shall be due or payable to or by the Owner for the value of the plant and materials so taken possession and the expense or loss which the Owner shall have been put to in procuring the works, to be so completed, and the amount if any, owing to the Contractor and the amount which shall be so certified shall thereupon be paid by the Owner to the Contractor or by the Contractor to the Owner, as the case may, and the Certificate of the Owner shall be final and conclusive between the parties. 12.7 When the contract is terminated by the Owner for all or any of the reasons mentioned above the Contractor shall not have any right to claim compensation on account of such termination. 13. FORCE MAJEURE 13.1. Any delay in or failure of the performance of either part hereto shall not constitute default hereunder or give rise to any claims for damage, if any, to the extent such delays or failure of performance is caused by occurrences such as Acts of God or an enemy, expropriation or confiscation of facilities by Government authorities,acts of war, rebellion, sabotage or fires, floods, explosions, riots, or strikes.The Contractor shall keep records of the circumstances referred to above and bring these to the notice of the Engineer-in-Charge/Site-in-Charge in writing immediately on such occurrences. The amount of time, if any, lost on any of these counts shall not be counted for the Contract period. One decision of the Owner arrived at after consultation with the Contractor, shall be final and binding. Such a determined period of time be extended by the Owner to enable the Contractor to complete the job within such extended period of time. 13.2. If Contractor is prevented or delayed from the performing any of its obligations under this Agreement by Force Majeure, then Contractor shall notify Owner he circumstances 2300009746-HB-07007 Page | 54 55 constituting the Force Majeure and the obligations performance of which is thereby delayed or prevented, within seven days of the occurrence of the events. 14. ARBITRATION 14.1 All disputes and differences of whatsoever nature, whether existing or which shall at any time arise between the parties hereto touching or concerning the agreement, meaning, operation or effect thereof or to the rights and liabilities of the parties or arising out of or in relation thereto whether during or after completion of the contract or whether before after determination, foreclosure, termination or breach of the agreement (other than those in respect of which the decision of any person is, by the contract, expressed to be final and binding) shall, after written notice by either party to the agreement to the other of them and to the Appointing Authority hereinafter mentioned, be referred for adjudication to the Sole Arbitrator to be appointed as hereinafter provided. 14.2. The appointing authority shall either himself act as the Sole Arbitrator or nominate some officer/retired officer of Hindustan Petroleum Corporation Limited (referred to as owner or HPCL) or any other Government Company, or any retired officer of the Central Government not below the rank of a Director, to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties. The contractor/vendor shall not be entitled to raise any objection to the appointment of such person as the Sole Arbitrator on the ground that the said person is/was an officer and/or shareholder of the owner, another Govt. Company or the Central Government or that he/she has to deal or had dealt with the matter to which the contract relates or that in the course of his/her duties, he/she has/had expressed views on all or any of the matters in dispute or difference. 14.3 In the event of the Arbitrator to whom the matter is referred to, does not accept the appointment, or is unable or unwilling to act or resigns or vacates his office for any reasons whatsoever, the Appointing Authority aforesaid, shall nominate another person as aforesaid, to act as the Sole Arbitrator. 14.4 Such another person nominated as the Sole Arbitrator shall be entitled to proceed with the arbitration from the stage at which it was left by his predecessor. It is expressly agreed between the parties that no person other than the Appointing Authority or a person nominated by the Appointing Authority as aforesaid, shall act as an Arbitrator. The failure on the part of the Appointing Authority to make an appointment on time shall only give rise to a right to a Contractor to get such an appointment made and not to have any other person appointed as the Sole Arbitrator. 14.5 The Award of the Sole Arbitrator shall be final and binding on the parties to the Agreement. 2300009746-HB-07007 Page | 55 56 14.6 The work under the Contract shall, however, continue during the Arbitration proceedings and no payment due or payable to the concerned party shall be withheld (except to the extent disputed) on account of initiation, commencement or pendency of such proceedings. 14.7 The Arbitrator may give a composite or separate Award(s) in respect of each dispute or difference referred to him and may also make interim award(s) if necessary. 14.8 The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the parties unless the Sole Arbitrator otherwise directs in his award with reasons. The lumpsum fees of the Arbitrator shall be Rs. 40,000/- per case for transportation contracts and Rs. 60,000/- for engineering contracts and if the sole Arbitrator completes the arbitration including his award within 5 months of accepting his appointment, he shall be paid Rs. 10,000/- additionally as bonus. Reasonable actual expenses for stenographer, etc. will be reimbursed. Fees shall be paid stagewise i.e. 25% on acceptance, 25% on completion of pleadings/documentation, 25% on completion of arguments and balance on receipt of award by the parties. 14.9 Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made thereunder, shall apply to the Arbitration proceedings under this Clause. 14.10 The Contract shall be governed by and constructed according to the laws in force in India. The parties hereby submit to the exclusive jurisdiction of the Courts situated at Ahmedabad for all purposes. The Arbitration shall be held at Ahmedabad and conducted in English language. 14.11. The Appointing Authority is the Functional Director of Hindustan Petroleum Corporation Limited. 15. GENERAL 15.1. Materials required for the works whether brought by the or supplied by the Owner shall be stored by the contractor only at places approved by Engineer-in-Charge/Site-in- Charge. Storage and safe custody of the material shall be the responsibility of the Contractor. 15.2. Owner and/or Engineer-in-Charge/Site-in-Charge connected with the contract, shall be entitled at any time to inspect and examine any materials intended to be used in or on the works, either on the site or at factory or workshop or at other place(s) manufactured or at any places where these are laying or from which these are being obtained and the contractor shall give facilities as may be required for such inspection and examination. 2300009746-HB-07007 Page | 56 57 15.3. In case of any class of work for which there is no such specification supplied by the owner as is mentioned 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/Site-in-Charge. 15.4. Should the work be suspended by reason of rain, strike, lockouts or other cause the contractor shall take all precautions necessary for the protection of the work and at his own expense shall make good any damages arising from any of these causes. 15.5. The contractor shall cover up and protect from injury from any cause all new work also for supplying all temporary doors, protection to windows and any other requisite protection for the whole of the works executed whether by himself or special tradesmen or sub- contractors and any damage caused must be made good by the contractors at his own expense. 15.6. If the contractor has quoted the items under the deemed exports, then it will be the responsibility of the contractor to get all the benefits under deemed exports from the Government. The Owner’s responsibility shall only be limited to the issuance of required certificates. The quotation will be unconditional and phrases like “subject to availability of deemed exports benefit” etc. will not find place in it. 15.7 PREFERENCE TO MSEs a. In case the bidder is a Micro or Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro and Small Enterprises, the bidder shall be entitled for following: I. Issue of Tender Documents to MSEs free of cost. ii. Exemption to MSEs from payment of EMD. iii. Micro and Small Enterprises quoting price within price brand of Ll+15% shall also be allowed to supply a portion of requirement by bringing down their prices to LI price in a situation where LI price is from someone other than a micro and small enterprises and such micro and small enterprises shall be allowed to supply upto 20% of the total tendered value. In case of more than one such Micro and Small Enterprises, the supply of 20% portion shall be shared amongst them. Further, out of above 20%, 4% (20% of 20%) shall be from MSEs owned by SC/ST entrepreneurs. This quota is to be transferred to other MSEs in case of non-availability of MSEs owned by SC/ST entrepreneurs. 2300009746-HB-07007 Page | 57 58 b. The quoted prices against various items shall remain valid in case of splitting of quantities of the items as above. c. MSE bidder shall submit the following: a. Documentary evidence that the bidder is a Micro or Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises. II. If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard. iii. The above documents submitted by the bidder shall be duly certified by the Statutory Auditor of the bidder or a practicing Chartered Accountant (not being an employee or a Director or not having any interest in the bidder's company/firm) where audited accounts are not mandatory as per law. If the bidder does not provide the appropriate document or any evidence to substantiate the above, then it will be presumed that they do not qualify for any preference admissible in the Public Procurement Policy (PPP), 2012. 16. INTEGRITY PACT: Effective 1st September, 2007, all tenders and contracts shall comply with the requirements of the Integrity Pact (IP){ for proforma refer to Annexure below}, if the value of such tenders or contracts is 1 Crore & above. Failure to sign the Integrity Pact shall lead to outright rejection of bid. 17. Grievances of parties participating or indent to participate in the tender shall be addressed in writing to the officer designate of the Grievance Redressal Cell where the tenders have to be submitted within the stipulated period . Detailed mechanism of Grievance Redressal is available on the HPCL website. 2300009746-HB-07007 Page | 58 59 IMPORTANT INSTRUCTIONS 1. The tender should be submitted online at web site <https://etender.hpcl.co.in> only by the due date and time, as specified in the tender. HPCL shall not be held responsible for non submission of bids if the bids are attempted for submission in the last moment and does not get uploaded due to traffic congestion etc. The server Date & Time as appearing on the HPCL web site <https://etender.hpcl.co.in> shall only be considered for the cut off date and time for receipt of tenders. Offers sent through post, telegram, fax, telex, email, courier will not be considered. 2. Bidders shall login to the site with their eight digit JDE vendor No and Bill tracking system password. The eight digit vendor No can be found in the subject of intimation email to the bidder. In case the bidder does not know the password, they shall contact the local purchase officer or call in the helpdesk No : 022- 41146666 and request for same. Bidders shall be required to arrange all resources, including Digital Ids, Digital Signature and Internet Connections at their own cost for participating in online tenders at HPCL e- Procurement site. 3. Bidders need to register the Public Key of their digital signature only at <https://etender.hpcl.co.in> and advise us at [email protected] for validation. Validation of the digital signature is a must for vendor to complete the bidding process. In case vendor is bidding for an organisation his digital signature should have the company name is his DS. Only Class IIb and Class IIIb certificates are allowed to be uploaded in the website. (Please follow the instruction in the page while attempting to upload the DC). 4. As a good bidding practice bidders should start the process of bid preparation immediately and submit the bids well in advance and not wait for the last date for submission. HPCL shall not be responsible for any delays whatsoever in receiving as well as submitting offers, including connectivity issues/ validation of signature etc. 5. All communication regarding the tender including queries, if any, and submission of offers shall be done online within the e-Procurement system(Queries and messages) at web site <https://etender.hpcl.co.in> 7. For any site related issues / assistance contact us at the following no: 7.1) Help Desk: 022-41146666 from 0800 hrs and 2000 hrs on all days except Sundays and Public Holidays. 7.2) For any clarifications with regard to this tender scope, terms and conditions etc please contact Purchase Dept- Jodhpur RO Pankaj Andola) and Shri Jitendra Kumar on any working day (Monday-Friday) between 9:00 am to 5:00 pm or email [email protected] and [email protected] with tender no. at the subject line. 8. Tender opening (unpriced bid as well as priced bid) will be done online at the time and date specified in the tender. Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e-procurement web site (http://eproc.hpcl.co.in) in for witnessing the tender opening (un priced bid) as well as priced bid(-only accepted vendors). 2300009746-HB-07007 Page | 59