TWO YEAR RATE CONTRACT FOR GT MAINTENANCE KR MS BGGTS

TENDER DOCUMENT

PROCUREMENT OF GOODS / SERVICES TO

CENTRAL PROCUREMENT ORGANISATION, KOCHI REFINERY,

BHARAT PETROLEUM CORPORATION LIMITED

AMBALAMUGAL, KERALA

Tender Document Index

S. No Document Title

1 Notice Inviting Tender

2 Request For Quotation (RFQ)

Scope of work, Drawings & Additional Conditions of Tender, if

4 Item wise Details of Quote

5 Commercial Format (CF)

6 Deviation & Exception Form

7 Instructions To Bidders C1 Tenders

8 Policy for Holiday Listing of Vendors in BPCL

9 Policy of Restrictions for Countries which Share Land Border

10 General Conditions of Contract

11 Integrity Pact

12 Advisory on Environmental Criteria

13 Advisory on Bank Guarantee

14 Government Directives

Safety and Security Regulations with Electrical Safety

16 Instructions to Contractors

Five Tier Contractor Safety Management with Safety

17 Competency Form

18 Additional Conditions Under GST

19 Tender Acknowledgement

20 Compliance to Bid Requirement

To, REQUEST FOR QUOTATION

M/s. BPCL ESTIMATE Collective RFQ Number/ Purchase Group

MUMBAI . India - 400038. 1000456027 / J12-MECHANICAL

Ph:,Fax:. Contact person/Telephone

Vendor Code:300648 SIJU M C/0484-2821680

Email:[email protected]

RFQ No/Date: 6001933593 / 20.05.2026 Quotation Due Date/Time:08.06.2026/14:00:00

Material/Services required at:

M/s. Bharat Petroleum Corpn.Ltd

KOCHI ERNAKULAM-

THIS TENDER IS FOR FINALIZATION OF TWO YEAR RATE CONTRACT FOR GT MAINTENANCE

BY M/S.BGGTS AT BPCL KOCHI REFINERY.

EVALUATION METHODOLOGY: OFFERS WOULD BE EVALUATED AND CONTRACT WILL BE PLACED

ON OEM BASIS. OFFERS WITH NIL VALUE OR ZERO VALUE FOR ANY OF THE ITEMS MAY

ALSO LIABLE TO BE REJECTED.

TYPE OF JOB: SERVICE.

NATURE OF SERVICE: SERVICE BY RATE CONTRACT.

THIS IS A NON DIVISIBLE SERVICE CONTRACT JOB.

PRICING: FIXED PRICING IS APPLICABLE AS PER ATTACHED TENDER DOCUMENT.

EARNEST MONEY DEPOSIT (EMD): NOT APPLICABLE.

PERIOD OF CONTRACT: TWO YEARS FROM THE DATE OF CONTRACT.

TIME OF COMPLETION : 6 MONTHS FROM RECEIPT AT BGGTS REFURBISHMENT FACILITY.

SINCE TIME IS THE ESSENCE OF THIS CONTRACT, EXECUTION OF WORK/SERVICE WITHIN

THE ABOVE PERIOD SHALL BE A TENDER CONDITION FOR SMOOTH RUNNING OF THE

REFINERY. OFFERS WHICH ARE NOT MEETING ABOVE TIME PERIOD WILL NOT BE

CONSIDERED FOR EVALUATION.

PAYMENT TERM: PAYMENT SHALL BE MADE ON THE BASIS OF WORK ACTUALLY EXECUTED AND

APPROVED BY THE ENGINEER-IN-CHARGE (EIC) WITH ALL SUPPORTING DOCUMENT.

75% PAYMENT OF THE RUNNING ACCOUNT BILL (RA BILL) SHALL BE RELEASED WITHIN

CALENDAR DAYS OF RECEIPT OF RA BILL DULY CERTIFIED BY EIC AND THE BALANCE

PAYMENT SHALL BE RELEASED WITHIN 30 DAYS OF RECEIPT OF RA BILL BY EIC AFTER

DETAILED SCRUTINY. THIS PAYMENT WILL BE MADE AFTER MAKING NECESSARY DEDUCTIONS

AS STIPULATED ELSEWHERE IN THE CONTRACT DOCUMENT FOR MATERIALS, SECURITY

DEPOSIT OR ANY MONEYS DUE TO THE OWNER ETC. THE FINAL BILL SHALL BE SUBMITTED

Page 1 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

BY THE CONTRACTOR WITHIN ONE MONTH OF THE DATE OF PHYSICAL COMPLETION OF THE

WORK, AND SETTLED IMMEDIATELY BUT NOT LATER THAN 60 DAYS. THE DETAILS OF

PAYMENT IS MENTIONED IN CLAUSE NO.75 TO 80 OF THE ATTACHED GENERAL CONDITIONS

THE OFFERS, INCLUDING PRICE, RECEIVED AGAINST THIS TENDER SHALL BE VALID FOR A

PERIOD OF 180 DAYS FROM THE BID OPENING DATE. IN CASE OF TWO PART BID SYSTEM,

UN PRICED BID OPENING DATE IS CONSIDERED AS THE BID OPENING DATE.

THE BIDDER SHOULD UPLOAD THE ATTACHED DOCUMENT "ITEM WISE PRICE DETAILS OF

QUOTE" ALONG WITH PRICE BID ONLY.

RATE CONTRACT CLAUSE: THIS TENDER IS INVITED FOR FINALIZING A RATE CONTRACT.

THE QUANTITY MENTIONED IN TENDER DOCUMENT IS TENTATIVE AND ESTIMATED

CONSIDERING THE DURATION OF THE CONTRACT AND MAY VARY TO AN EXTENT. HENCE THE

SAME SHALL NOT BE TAKEN AS OUR FIRM COMMITMENT. PO QUANTITY / ACTUAL WORK MAY

BE CONSIDERABLY LESS THAN THE ESTIMATED QUANTITY. BIDDER WILL NOT HAVE ANY

CLAIM WHATSOEVER IF THE QUANTITY IS CONSIDERABLY LESS. THE RATE QUOTED SHALL

BE FIRM FOR THE ENTIRE CONTRACT PERIOD. A RATE CONTRACT (VALUE CONTRACT) WILL

BE ISSUED TO THE SUCCESSFUL BIDDER VALID FOR THE CONTRACT PERIOD AND SEPARATE

RELEASE ORDERS BASED ON PRICING WILL BE ISSUED FOR ACTUAL QUANTUM OF WORK

DEPENDS UPON OUR REQUIREMENT. THE TIME OF COMPLETION FOR INDIVIDUAL JOBS

MENTIONED IN THE RELEASE ORDERS WILL BE THE BASE DATE FOR LIQUIDATED DAMAGES

DEVIATION TO TENDER CONDITIONS: DEVIATION TO ANY OF THE TENDER CONDITIONS IS

NOT AT ALL ACCEPTABLE. BIDDERS ARE REQUESTED TO QUOTE STRICTLY AS PER OUR

TENDER CONDITIONS. IN CASE OF OFFER WITH TECHNICAL/COMMERCIAL DEVIATIONS &

EXCEPTIONS, PLEASE HIGHLIGHT IT WITH SPECIFIC DETAILS IN THE DEVIATION &

EXCEPTION FORM. PLEASE NOTE THAT IF NO DEVIATION & EXCEPTION IS GIVEN, IT

SHALL BE PRESUMED THAT YOUR OFFER HAS NO DEVIATION FROM OUR TENDER CONDITIONS.

NO AMENDMENT WILL BE ENTERTAINED AFTER PLACEMENT OF ORDER.

THE BIDDER SHOULD UPLOAD ALL THE SUPPORTING DOCUMENT FOR THE TECHNO COMMERCIAL

EVALUATION OF THE OFFER. THE BIDDER ALSO NEEDS TO UPLOAD THE SIGNED COPY OF

THIS RFQ AND SCOPE OF WORK ALONG WITH TENDER DOCUMENTS.

PRE BID QUERIES: THE PURPOSE OF PRE BID QUERIES IS TO CLARIFY ANY DOUBTS OF

THE BIDDERS ON THE INTERPRETATION OF THE PROVISIONS OF TENDER. PRE BID

TECHNICAL QUERIES, IF ANY, CAN BE SUBMITTED BY E MAIL TO

[email protected] (TELEPHONE NO. 0484 282 4515) AND COMMERCIAL

QUERIES CAN BE SUBMITTED TO [email protected] (TELEPHONE NO. 0484

E TENDER - THIS IS AN E TENDER THROUGH GEM PORTAL (HTTPS://GEM.GOV.IN).

DIGITALLY SIGNED QUOTATIONS ARE INVITED, IN TWO PART BID SYSTEM (UNPRICED BID

AND PRICED BID), FROM OEM / PROPRIETARY VENDORS FOR THE SUBJECT SERVICE AS PER

THE ENCLOSED TENDER DOCUMENTS.

SUBMISSION OF BIDS ONLINE: BIDDERS ARE REQUESTED TO SUBMIT/ UPLOAD THEIR

Page 2 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

UNPRICED AND PRICED BID WITH ALL REQUIRED DOCUMENTS THROUGH ABOVE WEBSITE. THE

DETAILS ARE MENTIONED IN THE ATTACHED TENDER DOCUMENTS. THE UNPRICED BIDS WILL

BE OPENED ON THE TENDER DUE DATE AFTER THE TENDER DUE TIME. THE PRICE BIDS OF

QUALIFIED BIDDERS WILL BE OPENED ON A LATER DATE.

LIQUIDATED DAMAGES FOR DELAY: IN CASE THE CONTRACTOR FAILS TO COMPLETE THE

WHOLE WORK WITHIN THE STIPULATED PERIOD, HE SHALL BE LIABLE TO PAY LIQUIDATED

DAMAGES OF 0.5% OF THE BASIC VALUE OF CONTRACT PER WEEK AND OR PART THEREOF OF

THE DELAY SUBJECT TO A MAXIMUM OF 5% OF THE VALUE OF THE CONTRACT. THE DETAILS

OF PRICE REDUCTION CLAUSE IS MENTIONED IN CLAUSE NO.22 & 86 OF ATTACHED GCC.

PERFORMANCE SECURITY DEPOSIT / RETENTION MONEY: TO ENSURE PERFORMANCE OF THE

CONTRACT AND DUE DISCHARGE OF THE CONTRACTUAL OBLIGATIONS, THE SUCCESSFUL

CONTRACTOR WILL HAVE TO PROVIDE SECURITY DEPOSIT OF 5% OF THE BASIC VALUE OF

CONTRACT. THIS SECURITY DEPOSIT MAY BE FURNISHED IN THE FORM OF BANK GUARANTEE

/ INSURANCE SURETY BOND IN THE PRESCRIBED FORMAT. IN CASE THE SUCCESSFUL

CONTRACTOR IS NOT FURNISHING THE PERFORMANCE SECURITY DEPOSIT AS REFERRED

ABOVE ON AWARD OF THE JOB, THE SAME SHALL BE DEDUCTED FROM EACH RUNNING

ACCOUNT BILLS AT THE RATE OF 5% OF BILL VALUE TILL OVERALL SECURITY DEPOSIT OF

5% AS MENTIONED ABOVE IS COLLECTED. THE DETAILS OF PERFORMANCE SECURITY

DEPOSIT / RETENTION MONEY IS MENTIONED IN CLAUSE NO.18 OF ATTACHED GENERAL

CONDITIONS OF CONTRACT. IN THE CASE OF SECURITY DEPOSIT SUBMITTED IN THE FORM

OF BANK GUARANTEE / INSURANCE SURETY BOND, THE BANK GUARANTEE / INSURANCE

SURETY BOND SHALL BE VALID AND REMAIN IN FORCE TILL THE CONTRACTUAL COMPLETION

PERIOD (EXPIRY OF THE DEFECT LIABILITY PERIOD- REFER CLAUSE-74 OF GCC, IF

APPLICABLE) AND WITH A CLAIM PERIOD OF SIX MONTHS THEREAFTER.

DEFECT LIABILITY PERIOD: THE CONTRACTOR SHALL GUARANTEE THE WORK FOR A PERIOD

OF 12 (TWELVE) MONTHS FROM THE DATE OF COMPLETION OF WORK.

GENERAL CONDITIONS OF CONTRACT (GCC): - PLEASE FIND THE GCC ATTACHED WITH

TENDER DOCUMENTS, SIGN ALL THE PAGES OF GCC AS A TOKEN OF YOUR ACCEPTANCE OF

ALL THE TERMS & CONDITIONS AS MENTIONED AND UPLOAD WITH DULY FILLED GCC

ACKNOWLEDGEMENT FORM.

INTEGRITY PACT: - BPCL KOCHI REFINERY HAS IMPLEMENTED AN INTEGRITY PACT

PROGRAM (IPP) FOR PROCUREMENT OF SERVICES AND ACCORDINGLY THE FOLLOWING TERMS

SHALL BE ENFORCED. THE FORMAT OF INTEGRITY PACT PROGRAM IS ATTACHED WITH

TENDER DOCUMENTS.

PROFORMA OF INTEGRITY PACT (IP) ATTACHED SHALL BE UPLOADED BY ALL THE BIDDER/S

ALONG WITH THE UN- PRICED BID DOCUMENTS DULY SIGNED (OR DIGITALLY SIGNED IN

CASE OF E-TENDER) BY THE SAME SIGNATORY WHO IS AUTHORIZED TO SIGN THE BID

DOCUMENTS. ALL THE PAGES OF THE INTEGRITY PACT SHALL BE DULY SIGNED AND

STAMPED INCLUDING NAME, ADDRESS AND SIGNATURE OF ONE WITNESS IN THE LAST PAGE.

BIDDER'S FAILURE TO UPLOAD THE IP DULY SIGNED (DIGITALLY) ALONG WITH BID

DOCUMENTS SHALL RESULT IN THE BID NOT BEING CONSIDERED FOR FURTHER EVALUATION.

IF THE BIDDER HAS BEEN DISQUALIFIED FROM THE TENDER PROCESS PRIOR TO THE AWARD

OF THE CONTRACT IN ACCORDANCE WITH THE PROVISIONS OF THE INTEGRITY PACT, BPCL

SHALL BE ENTITLED TO DEMAND AND RECOVER FROM BIDDER LIQUIDATED DAMAGES AMOUNT

BY FORFEITING THE EMD/BID SECURITY AS PER PROVISIONS OF THE INTEGRITY PACT.

Page 3 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

IF THE CONTRACT HAS BEEN TERMINATED ACCORDING TO THE PROVISIONS OF THE

INTEGRITY PACT, OR IF BPCL IS ENTITLED TO TERMINATE THE CONTRACT ACCORDING TO

THE PROVISIONS OF THE INTEGRITY PACT, BPCL SHALL BE ENTITLED TO DEMAND AND

RECOVER FROM CONTRACTOR LIQUIDATED DAMAGES AMOUNT BY FORFEITING THE SECURITY

DEPOSIT/PERFORMANCE BANK GUARANTEE AS PER PROVISIONS OF THE INTEGRITY PACT.

FOR ANY QUERIES/CLARIFICATIONS ON TENDER POINTS AND OTHER TERMS AND CONDITIONS

OF THE TENDER, PLEASE CONTACT AS FOLLOWS:

1. Siju M C, PROCUREMENT MANAGER,

CONTACT NOS. : LAND PH: 0484 282 1680, MOB:

E-MAIL ID: [email protected]

2. Sabareesan C K, PROCUREMENT LEADER,

CONTACT NOS. : LAND PH: 0484 282 1631, MOB:

E-MAIL ID: [email protected]

OFFICE ADDRESS:

CPO (KR), BPCL - KOCHI REFINERY, POST BAG NO. 2, AMBALAMUGAL P O, PIN -

682302, ERNAKULAM DISTRICT, KERALA, INDIA.

BIDDERS MAY RAISE DISPUTES/ COMPLAINTS, IF ANY, WITH THE PRINCIPAL APPOINTED

INDEPENDENT EXTERNAL MONITOR (IEM). THE NAME AND E MAIL I D OF INDEPENDENT

EXTERNAL MONITORS APPOINTED ARE GIVEN BELOW:

1. SHRI. GANESH VISHWAKARMA, EMAIL: [email protected]

2. SHRI. DR. ATANU PURKAYASTHA, EMAIL: [email protected]

3. SHRI. PRADEEP KUMAR, EMAIL: [email protected]

BIDDERS ARE REQUIRED TO READ AND COMPLY WITH THE FOLLOWING DOCUMENTS ATTACHED

WITH THE TENDER. ALL FORMS, DECLARATIONS, AND CERTIFICATES REQUIRED AS PER THE

BELOW DOCUMENTS SHALL BE DULY FILLED, SIGNED, STAMPED, AND UPLOADED ALONG WITH

THE TENDER DOCUMENTS. FAILURE TO SUBMIT OR SUBMISSION OF INCOMPLETE DOCUMENTS

SHALL RENDER THE BID NON RESPONSIVE AND LIABLE FOR REJECTION.

1. COMMERCIAL FORMAT

2. POLICY FOR HOLIDAY LISTING OF BIDDERS IN BPCL

3. LAND BORDER RESTRICTION POLICY

4. 5 TIER SAFETY COMPETENCY MANAGEMENT

5. TENDER ACKNOWLEDGEMENT FORM

6. COMPLIANCE TO BID REQUIREMENT FORM

7. BIDDER DOCUMENT CHECKLIST

GST IS APPLICABLE AS PER GCC CLAUSE 86 AND ADDITIONAL TERMS AND CONDITIONS

UNDER GST ARE ATTACHED WITH TENDER DOCUMENTS.

CONTRACTOR SHALL AT HIS OWN EXPENSES CARRY AND MAINTAIN INSURANCE WITH

REPUTABLE INSURANCE COMPANIES TO THE SATISFACTION OF THE OWNER AS PER GCC

Page 4 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

BIDDERS ARE ALSO REQUIRED TO READ AND COMPLY WITH THE FOLLOWING DOCUMENTS

ATTACHED WITH THE TENDER.

1. INSTRUCTIONS TO BIDDERS

2. ADVISORY ON ENVIRONMENTAL CRITERIA

3. ADVISORY ON BANK GUARANTEE

4. GOVERNMENT DIRECTIVES

5. SAFETY & SECURITY REGULATIONS

6. INSTRUCTIONS TO CONTRACTORS

THE ATTACHED TENDER DOCUMENT (TENDERDOCS) FORMS AN INTEGRAL PART OF THIS

E-TENDER. PLEASE READ, DULY FILL, SIGN, STAMP AND UPLOAD THE REQUIRED

DOCUMENTS ALONG WITH YOUR OFFER. OFFERS NOT COMPLYING THE ABOVE POINTS ARE

LIABLE TO BE REJECTED.

BPCL-KOCHI REFINERY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL

QUOTATIONS, EITHER IN WHOLE OR IN PART, AND TO ACCEPT ANY QUOTATION OTHER THAN

THE LOWEST PRICED QUOTATION WITHOUT ASSIGNING ANY REASON. ANY QUOTATION

CONTAINING INCORRECT STATEMENT OR INCOMPLETE INFORMATION IS LIABLE TO BE

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

00010 RC FOR GT MAINTENANCE KR BGGTS YEAR1 12.11.2026

The item 00010 covers the following services:

CAP POWER PLANT TECH ADV (MECH) (Mandays)

Per day charges for providing of Technical Advisors (Mechanical), as per the

scope of work and terms and conditions, who will be responsible for supporting

BPCL in emergency maintenance / trouble shooting, including identification of

the problem, assisting in rectification work, commissioning back the system

and preparing necessary Failure Analysis Reports, etc. The job shall be

carried out as per instructions of the BPCL Engineering incharge at the

respective locations.

Service Item 10: Unit basic rate in words ________________________________

CONT ASST EXTRA HR WORK TA (MECH) OT (Hours)

CONTRACT ASSISTANCE

EXTRA HOUR WORK

Per hour charges for Technical Advisors (Mechanical) for working beyond normal

Page 5 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

hours and / or on sundays/ public holidays as per the scope of work and terms

and conditions.

Service Item 20: Unit basic rate in words ________________________________

CONT ASST MISC CHARGE-TRAVEL TIME (Number)

CONTRACT ASSISTANCE

Charges towards travel time per trip per person

Service Item 30: Unit basic rate in words ________________________________

CONT ASST MISC TO&FRO TRAVEL (Number)

CONTRACT ASSISTANCE

To & fro travel charges per trip per person (Technical Advisors) to any of the

BPCL locations.

Service Item 40: Unit basic rate in words ________________________________

CONT ASST OEM SERVICE BOARDING EXP (Days)

CONTRACT ASSISTANCE

BOARDING EXPENSE INCLUSIVE OF ALL INCIDENTAL EXPENSES.

Service Item 50: Unit basic rate in words ________________________________

Page 6 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

CONT ASST CREW (MECH (Number)

CONTRACT ASSISTANCE

Charges towards travel time per trip per person for crew (Mechanical)

Service Item 60: Unit basic rate in words ________________________________

CONT ASST-TRAVEL TIM - CREW (Number)

CONTRACT ASSISTANCE

To & fro travel charges per trip per person (Mechanical Crew) to any of the

BPCL locations.

Service Item 70: Unit basic rate in words ________________________________

CONT ASST-BOARDING - CREW (Days)

CONTRACT ASSISTANCE

BOARDING EXPENSE INCLUSIVE OF ALL INCIDENTAL EXPENSES FOR CREW (MECHANICAL)

Service Item 80: Unit basic rate in words ________________________________

CONT ASST 8 HR SKILLED (Days)

CONTRACT ASSISTANCE

Deployment of skilled manpower for preventive/ breakdown maintenance purposes

as directed and scheduled scope by the Engineer-in charge.

Page 7 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

Service Item 90: Unit basic rate in words ________________________________

CONT ASST EXTRA HR WORK SPLZD SKLLD (each)

CONTRACT ASSISTANCE

EXTRA HOUR WORK

RATE PER EXTRA HOUR WORKING TOWARDS HIRING OF SPECIALZED SKILLED PERSONNEL FOR

CONTRACT ASSISTANCE AS PER SCOPE OF WORK.

Service Item 100: Unit basic rate in words ________________________________

MECH GEN CLNG GT FILTERS (Lumpsum)

LUMPSUM RATE FOR REMOVAL/CLEANING/REPLACEMENT OF AIR INLET FILTERS OF GT. THE

SCOPE ALSO INCLUDES SHIFTING TO APPROPRIATE LOCATION FOR

CLEANING/TRANSPORTATION OF NEW FILTERS FROM ISSUE POINT TO SITE IF NEW FILTERS

ARE TO BE PUT AND FIXING BACK OF FILTERS AS PER SCOPE OF WORK.DISPOSAL OF

SCRAP FILTERS/SCRAP TO THE DESIGNATED LOCATION IS ALSO INCLUDED IN THE SCOPE.

Service Item 110: Unit basic rate in words ________________________________

CAP POW PLNT FR5 GT INSPEC GT BI (Number)

Carrying out only Borescope Inspection of Frame-V, Gas Turbines as per scope

of work and terms & conditions. This shall include supply of all labour,

supervision, tools, tackles, instruments, etc. required to complete the job as

per the instructions of BPCL Engineer incharge.

Page 8 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

Service Item 120: Unit basic rate in words ________________________________

CAP POW PLNT FR6 GT INSPEC GT BORO (each)

To carry out boroscopic Inspection of Gas Turbine Fr-5 and Fr-6 machines as

per instruction of BPCL site incharge

Service Item 130: Unit basic rate in words ________________________________

CAP POW PLNT FR5 GT REP/REFURB GT CL (set)

Carrying out repair and refurbishment work of Combustion Liners of the Frame -

V, Gas Turbines as per scope of work and terms & conditions. This shall

include supply of all materials, labour, supervision, tools, tackles,

instruments, etc. required. The Repair work shall be carried out at the

Vendor's Works, necessary packing, forwarding, transportation, insurance shall

be organized by BPCL. The job shall be carried out to meet the design /

performance creterion as prescribed by the OEM.

Service Item 140: Unit basic rate in words ________________________________

CAP POW PLNT FR5 GT REP/REFURB GT FN (set)

Carrying out repair and refurbishment work of Fuel Nozzles of the Frame - V,

Gas Turbines as per scope of work and terms and conditions. Set of 10nos.

This shall include supply of all materials (but excluding replacement of

parts), labour, supervision, tools, tackles, instruments, etc. required. The

Repair work shall be carried out at the Vendor's Works, necessary packing,

forwarding, transportation, insurance shall be organized by BPCL. The job

shall be carried out to meet the design / performance creterion as prescribed

Page 9 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

Service Item 150: Unit basic rate in words ________________________________

CAP POW PLNT FR5 GT INSPEC GT MI (Number)

Carrying out Major Inspection of Frame-V, Gas Turbines as per scope of work

and terms & conditions. This shall include supply of all labour, supervision,

tools, tackles, instruments, etc. required to complete the job as per the

instructions of BPCL Engineer incharge.

Service Item 160: Unit basic rate in words ________________________________

CAP POW PLNT FR5 GT INSPEC GT CI+BI (Number)

Carrying out Combustion & Bore scope Inspection of Frame - V, Gas Turbines as

per scope of work and terms & conditions. This shall include supply of all

labour, supervision, tools, tackles, instruments, etc. required to complete

the job as per the instructions of BPCL Engineer incharge.

Service Item 170: Unit basic rate in words ________________________________

CAP POW PLNT FR6 GT INSPEC GT CI+BI (Number)

Carrying out Combustion & Bore scope Inspection of Frame - VI, Gas Turbines as

per scope of work and terms & conditions. This shall include supply of all

labour, supervision, tools, tackles, instruments, etc. required to complete

the job as per the instructions of BPCL Engineer incharge.

Service Item 180: Unit basic rate in words ________________________________

Page 10 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

CAP POW PLNT FR6 GT INSPEC HGP (each)

Gas Turbine Hot Gas Path Inspection as per instruction of BPCL site in-charge.

Service Item 190: Unit basic rate in words ________________________________

CONT ASST MISC DEMOB/MOB MI (Number)

CONTRACT ASSISTANCE

Demobilisation and mobilisation charges of all persons deployed for the GT

inspection jobs (MI), under specific conditions as per the scope of work and

terms and conditions

Service Item 200: Unit basic rate in words ________________________________

State GST % : ________ % Central GST % : ________ % Integrated GST % : ________ %

Union Ter. GST % : ________ % GST Comp. Cess % : ________ %

HSN Code / SAC Code : ______________

Billing State : ______________

00020 RC FOR GT MAINTENANCE KR BGGTS YEAR1 12.11.2026

The item 00020 covers the following services:

CAP POWER PLANT TECH ADV (MECH) (Mandays)

Per day charges for providing of Technical Advisors (Mechanical), as per the

scope of work and terms and conditions, who will be responsible for supporting

BPCL in emergency maintenance / trouble shooting, including identification of

Page 11 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

the problem, assisting in rectification work, commissioning back the system

and preparing necessary Failure Analysis Reports, etc. The job shall be

carried out as per instructions of the BPCL Engineering incharge at the

respective locations.

Service Item 10: Unit basic rate in words ________________________________

CONT ASST EXTRA HR WORK TA (MECH) OT (Hours)

CONTRACT ASSISTANCE

EXTRA HOUR WORK

Per hour charges for Technical Advisors (Mechanical) for working beyond normal

hours and / or on sundays/ public holidays as per the scope of work and terms

and conditions.

Service Item 20: Unit basic rate in words ________________________________

CONT ASST MISC CHARGE-TRAVEL TIME (Number)

CONTRACT ASSISTANCE

Charges towards travel time per trip per person

Service Item 30: Unit basic rate in words ________________________________

CONT ASST MISC TO&FRO TRAVEL (Number)

CONTRACT ASSISTANCE

To & fro travel charges per trip per person (Technical Advisors) to any of the

BPCL locations.

Page 12 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

Service Item 40: Unit basic rate in words ________________________________

CONT ASST OEM SERVICE BOARDING EXP (Days)

CONTRACT ASSISTANCE

BOARDING EXPENSE INCLUSIVE OF ALL INCIDENTAL EXPENSES.

Service Item 50: Unit basic rate in words ________________________________

CONT ASST CREW (MECH (Number)

CONTRACT ASSISTANCE

Charges towards travel time per trip per person for crew (Mechanical)

Service Item 60: Unit basic rate in words ________________________________

CONT ASST-TRAVEL TIM - CREW (Number)

CONTRACT ASSISTANCE

To & fro travel charges per trip per person (Mechanical Crew) to any of the

BPCL locations.

Service Item 70: Unit basic rate in words ________________________________

CONT ASST-BOARDING - CREW (Days)

Page 13 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

CONTRACT ASSISTANCE

BOARDING EXPENSE INCLUSIVE OF ALL INCIDENTAL EXPENSES FOR CREW (MECHANICAL)

Service Item 80: Unit basic rate in words ________________________________

CONT ASST 8 HR SKILLED (Days)

CONTRACT ASSISTANCE

Deployment of skilled manpower for preventive/ breakdown maintenance purposes

as directed and scheduled scope by the Engineer-in charge.

Service Item 90: Unit basic rate in words ________________________________

CONT ASST EXTRA HR WORK SPLZD SKLLD (each)

CONTRACT ASSISTANCE

EXTRA HOUR WORK

RATE PER EXTRA HOUR WORKING TOWARDS HIRING OF SPECIALZED SKILLED PERSONNEL FOR

CONTRACT ASSISTANCE AS PER SCOPE OF WORK.

Service Item 100: Unit basic rate in words ________________________________

MECH GEN CLNG GT FILTERS (Lumpsum)

LUMPSUM RATE FOR REMOVAL/CLEANING/REPLACEMENT OF AIR INLET FILTERS OF GT. THE

SCOPE ALSO INCLUDES SHIFTING TO APPROPRIATE LOCATION FOR

CLEANING/TRANSPORTATION OF NEW FILTERS FROM ISSUE POINT TO SITE IF NEW FILTERS

ARE TO BE PUT AND FIXING BACK OF FILTERS AS PER SCOPE OF WORK.DISPOSAL OF

SCRAP FILTERS/SCRAP TO THE DESIGNATED LOCATION IS ALSO INCLUDED IN THE SCOPE.

Page 14 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

Service Item 110: Unit basic rate in words ________________________________

CAP POW PLNT FR5 GT INSPEC GT BI (Number)

Carrying out only Borescope Inspection of Frame-V, Gas Turbines as per scope

of work and terms & conditions. This shall include supply of all labour,

supervision, tools, tackles, instruments, etc. required to complete the job as

per the instructions of BPCL Engineer incharge.

Service Item 120: Unit basic rate in words ________________________________

CAP POW PLNT FR6 GT INSPEC GT BORO (each)

To carry out boroscopic Inspection of Gas Turbine Fr-5 and Fr-6 machines as

per instruction of BPCL site incharge

Service Item 130: Unit basic rate in words ________________________________

CAP POW PLNT FR5 GT INSPEC GT CI+BI (Number)

Carrying out Combustion & Bore scope Inspection of Frame - V, Gas Turbines as

per scope of work and terms & conditions. This shall include supply of all

labour, supervision, tools, tackles, instruments, etc. required to complete

the job as per the instructions of BPCL Engineer incharge.

Service Item 140: Unit basic rate in words ________________________________

CAP POW PLNT FR6 GT INSPEC GT CI+BI (Number)

Page 15 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

Carrying out Combustion & Bore scope Inspection of Frame - VI, Gas Turbines as

per scope of work and terms & conditions. This shall include supply of all

labour, supervision, tools, tackles, instruments, etc. required to complete

the job as per the instructions of BPCL Engineer incharge.

Service Item 150: Unit basic rate in words ________________________________

CAP POW PLNT FR6 GT INSPEC HGP (each)

Gas Turbine Hot Gas Path Inspection as per instruction of BPCL site in-charge.

Service Item 160: Unit basic rate in words ________________________________

CAP POW PLNT FR6 GT INSPEC GT MI (Number)

Carrying out Major Inspection of Frame - VI, Gas Turbines as per scope of

work and terms & conditions. This shall include supply of all labour,

supervision, tools, tackles, instruments, etc. required to complete the job as

per the instructions of BPCL Engineer incharge.

Service Item 170: Unit basic rate in words ________________________________

CONT ASST MISC DEMOB/MOB MI (Number)

CONTRACT ASSISTANCE

Demobilisation and mobilisation charges of all persons deployed for the GT

inspection jobs (MI), under specific conditions as per the scope of work and

terms and conditions

Page 16 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

Service Item 180: Unit basic rate in words ________________________________

State GST % : ________ % Central GST % : ________ % Integrated GST % : ________ %

Union Ter. GST % : ________ % GST Comp. Cess % : ________ %

HSN Code / SAC Code : ______________

Billing State : ______________

* 1 SCOPE OF WORK

BPCL Scope of Supply :

1. Full time coordination (single point of contact) for the outage

2. Gate passes, permission to work etc to facilitate 24 hrs working if

3. Lifting facilities including EOT crane and Test Certificate.

4. Lifting equipment and transportation equipment for transporting parts

from BPCL warehouse to gas turbine work area

5. Sleepers, packers and special lifting devices

6. Spares required for assembly of machine

7. Lubricants / chemicals which go in to machine. This excludes DP Test Kits.

8. Electricity, compressed air and water supply at gas turbine work area

9. Adequate illumination for entire work area.

10. Medical aid in case emergencies

11. BPCL Safety training

1. The Inspection jobs shall include supply of all manpower (Specialized,

skilled and unskilled), tools, tackles, measuring instruments, etc. required

to complete the job as per the instructions of the BPCL Engineer In-charge and

ensuring the GTs are back in operation with the desired level of performance.

This shall include replacement of all spares I parts as recommended.

2. BGGTS has to arrange for Camera for recording Photographs of Shutdown and

Report Compilation. Photos are to be shared with BPCL before leaving Site. For

communication with BPCL Engineer, BGGTS also has to arrange an Intrinsic Phone

with SIM Card and the same is to cleared before Work Commencement. For

Conveyance of TA and Crew, BGGTS has to arrange Separate Vehicles and in no

circumstances BPCL Vehicle will be issued.

Page 17 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

3. All the jobs shall be carried out as per standard engineering practice

and guidelines of the OEM. All Inspections and planned maintenance activities

shall be jointly discussed between BGGTS & BPCL and schedule for the same

shall be drawn up, well in advance, in the beginning of the year. It will be

BGGTS' responsibility to plan for the requisite materials, inspection Kits (or

required components),etc., advice BPCL accordingly and ensure their

availability in time for the Inspections & planned maintenance. BGGTS also has

to ensure physical checking of Spares before Shutdown Commencement.

4. Attending to emergency maintenance I breakdowns, will be limited to

deputing specialized and experienced technicians I engineers, who shall

determine the reasons of failure, suggest rectification methodology, supervise

and assist in the actual rectification work, help BPCL in getting the Unit

back on line and commissioning the system. Necessary Reports on analysis and

findings, along with recommendations (if any) shall also be submitted to BPCL.

5. In case of Emergency Breakdowns, BPCL shall be informing BGGTS over

telephone or in writing and BGGTS shall try to depute their persons to site

within 24 hours of the verbal/written communication. In case of emergencies,

it shall be BPCL's responsibility to organize for entry passes for BGGTS

6. All Inspection and Emergency Breakdowns jobs shall call for three shifts,

round the clock working, including all Sundays & Holidays. Manpower planning

to that effect shall be done accordingly.

7. BGGTS shall ensure the quality of engineers, electricians, instrument

technicians, welders, riggers, fitters, etc. deployed at site. They should

have requisite skills and experience of executing similar jobs. Electrician

should have Valid Electrician Pass in accordance to BPCL Formalities for

taking Construction Power Supply Request and Handlamps Request in BGGTS name.

All welders deployed at site shall have to be approved by BPCL Inspection

Dept. No manpower deployed at site shall be replaced during the progress of

the job, without prior permission from BPCL Engineer In-charge. Details of

work done shall be documented and submitted to BPCL, date wise. BGGTS shall

nominate a dedicated service manager as a single point contact for the jobs

carried out under this Contract, who will coordinate the planning, resource

allocation and execution of the jobs.

8. All tools, tackles, welding sets, generators, measuring instruments

shall be of reputed make and in good serviceable condition, with requisite

certification I calibration records as required by BPCL. Specific certificates

should be available for all lifting tools & tackles. Proper electrodes as

specified in action report I approved by BPCL shall only be used and proper

oven arrangement shall be used for use of E7018 electrodes. Mechanized tools

shall be used for handling the work, as far as possible. M/s BGGTS shall

Page 18 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

ensure that there are minimum rejections I rework. Arrangement for normal DP

test & Fluorescent DP test Kit including consumables will be in the scope of

ENTRY PASSES & SAFETY TRAINING:

BGGTS shall comply with all requirements for obtaining the Entry Pass and

Safety Training, as applicable for all persons deputed to BPCL Refineries.

Manpower planning and deployment at site, to that effect shall be done well in

advance so as to reach Site atleast 3 days in advance of Shutdown

commencement. Availability of labourlicense, ESIC, PF, etc. (as applicable)

for all the people deployed at site, shall be ensured by BGGTS. All persons

deployed at the job site should have valid Passport/ Voter Identity card/

Ration card with them, as proof of their address for issuing gate pass. All

persons have to undergo one safety training as a pre-requisite for issuing

Pass Formalities Procedure to be followed for entry

1. COVID-19 Test to be carried out before Entry as per BPCL Health Centre

2. HSE Training format to be submitted for attending Safety Training

3. P.O Registration to be done along with Entry Pass Request and Request for

commencement of work Form7

4. ESI/PF Exemption Request to be shared along with Insurance Policy Letter

with Validity date. Declaration regarding WC/GPA policy to be also shared

along with respective Names of Persons. BPCL Format is to be maintained and

letter head is not to be made.

5. ESI/PF Exemption Format to be submitted on Contractor Letter Head

6. EPFO Form to be submitted

7. Aadhar card, bank pass book and stamp size photo - Original and 3 copies.

8. ESI-PF section template to be filled and sent to ESI-PF :

[email protected] - Kindly Mention Who All Are Under Insurance

Coverage ( Salary Exemption), Who All Are Under ESI PF and who All Are

Directly Remitted By The Contractor (Direct Remittance) , Separate Excel Bulk

Format File is also required For Each PO.

9. Original Police Clearance Certificate (PCC) document required for all.

10. PCC Undertaking to be provided as per format

11. Tools List to be shared in Soft Copy as per format

12. Labour License (for more than 19 Persons in One P.O): Contractor has to

register in Labour Portal Link and get the ID Acknowledgement through Online

Payment of 90rs/Head. Approach ESI/PF with the printout and Mail, 20rs Bond

Paper, Form2 Acknowledgement and Power of Attorney (For Sub-contract).

13. Laptop Permission to be filled by TA

14. Camera Permission to be filled by TA

15. Intrinsic Mobile Permission to be filled by TA

16. Form III required for INTER STATE LABOUR MIGRANT LICENSE from Kerala

government. Request form attached- Request Form to be given to BPCL for

issuing Certificate which is to be scanned and uploaded in Portal by

Page 19 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

Contractor for applying for INTER STATE LABOUR MIGRANT LICENSE.

All persons shall be provided with helmet, safety shoes, boiler suit, gloves,

safety goggles, safety belt and all other personal protective gear, as

required for the job and insisted by BPCL. Dust Mask, ear plugs, HT gloves,

chemical resistant aprons, etc. shall be used, wherever necessary,

specific to the nature of work. BGGTS shall arrange for the Personnel

Protective Equipment (PPE) for crew, supervisor & Engineer engaged for the

job, and non-compliance of the same will lead to penalty as per company

WORK PERMIT COMPLIANCE: All jobs carried out within the BPCL premises

shall be executed only with requisite I duly authorized Work I Fire Permits.

All safety conditions specified therein shall be strictly adhered to. BGGTS

shall make welding booths, barricading, scaffolding, etc. as instructed by the

BPCL Engineer In-charge. No job shall be carried out without proper

supervision and requisite number of supervisors shall be made available for

each shift. Standby persons shall be provided outside, whenever work is going

on inside a confined space. Only safe to use scaffolding, certified by BPCL,

shall be used. Failure to comply with the safety norms shall attract penalty

as defined by BPCL. Every Shutdown of CI/HGPI/MI is to have a Dedicated Safety

HOUSE KEEPING: When job is being executed within the BPCL premises,

the work site shall be cleared on daily basis and all the debris shall have to

be carted away to the designated location. All equipment shall be properly

arranged and placed before start of work. A separate bin shall be provided for

collecting waste generated like canteen waste, disposed gloves, cotton waste,

etc. All other debris generated from plant shall be collected and stored in

BPCL allocated space. Metal scrap shall be deposited in warehouse and

weighment slip of scrap shall be submitted to BPCL Engineer In-charge. Any

unused material, issued by BPCL, shall be deposited back to warehouse. In case

of a spillage of oil I lubricant, it shall be cleaned immediately. The work

area shall be kept clean at all times. No material shall be unloaded on Road

unless approved by BPCL. Proper approach way shall be made for movement of

cranes, hydra etc.

COMPLIANCE OF MATERIAL GATE PASSES: Any material, tools and tackles

brought inside the Refineries, shall be brought in with requisite entry

challans, duly endorsed by the respective security. Similarly any material

being taken out shall be done with requisite Gate Pass only, meeting the BPCL

entry /exit regulations. Similarly, any material withdrawn I returned to BPCL

Warehouse shall be done only through requisite documentation, duly authorized

The machine shall be restarted after completion of .all the activities on

Page 20 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)

the Gas Turbine and its associated equipment which may or may not coincide

with the mechanical completion. However the BGGTS persons has to be available

at site up to the successful restart and trials of the equipment at various

fuels and loads.

All jobs indicated in the scope of work shall be carried out under the

specific line items. However, in case of any other additional jobs arising

for planned or unplanned maintenance of the GTs, the same shall be paid under

the per day rate available in this contract. The per day rate indicated shall

be inclusive of man-day charges, travel, boarding & lodging charges,

considering extended hours of working including Sunday/Holiday working, as

applicable. The scope of work shall include but not limited to the activities

Any other job that is required to be carried out for completion of entire

Inspection but not included I mentioned in the Scope of Work or anywhere else

shall also have to be executed by the contractor.

MOBILIZATION: BGGTS Complete team shall reach the site atleast 3days ahead of

the schedule outage date, to fulfill Entry Pass formalities. The BGGTS

engineer shall have to be at specific GT Site one day prior to shut down of

the unit to collect pre-inspection data. The mechanical completion, after any

type of Inspection related jobs, shall be considered as the successful and

trouble free trial in FSNL and Liquid, Gas Trials. BGGTS team will be

available for BPCL restarting the unit without any cost implications.

Warranty Period :

For Site Services: All Inspection & site services carried out by BGGTS

shall be warranted for workmanship for a period of 6 months from the date of

completion of the site services.

For Refurbished Items: All repaired I refurbished items shall be warranted for

a period of 8000 equivalent operational hours or 18 months from the date of

dispatch or 12 months from the date of installation, whichever is earlier.

Time of Completion of Refurbishment/Repair Jobs of Components : 6 Months from

Receipt at BGGTS Refurbishment Facility

Other Terms and Conditions:

Time of COmpletion : 2 Years from the date of award of PO

* 2 GCC & OTHER TENDER DOCUMENTS

Page 21 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

Grand Total (inclusive of all taxes, duties/charges etc)

Page 22 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

TERMS & CONDITIONS

Important Notice

Sr.No Description

001 Quotation received after due date will not be entertained

002 Your quotation must specify exact amount or percentage discount,

GST, Charges, Transport, Packing & forwarding,

etc. as applicable.

003 In case you are unable to quote, kindly send the quotation with a

regret for our records. Non-receipt of a regret will adversely

affect your vendor rating.

004 No quotation will be accepted without your rubber stamp and

005 Your quotation must be strictly in enclosed envelope

indicating Collective RFQ No., RFQ No. and due date.

006 For all future correspondences please mention the vendor code

Collective RFQ Number & RFQ Number.

LIST OF ENCLOSURES

1. SCOPE OF WORK

2. GCC & OTHER TENDER DOCUMENTS

Page 23 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

-------Tear off Portion to be pasted on the envelope containing offer------------

Collective RFQ No. :

Our Reference: 12.26011 Due Date : 08.06.2026

RFQ No. : 6001933593 Due Time : 14:00:00

PROCUREMENT & CONTRACT SERVCIES

BPCL - KOCHI REFINERY

POST BAG NO 2, AMBALAMUGAL

Purchase Group : J12-MECHANICAL

Page 24 of 24 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.

Central Procurement Organisation (R)

Bharat Petroleum Corporation Limited, Kochi Refinery

ITEMWISE DETAILS OF QUOTE

(For detailed descriptions and items, please refer RFQ/Scope of Works)

TWO YEAR RATE CONTRACT FOR GT MAINTENANCE BY M/S.BGGTS AT BPCL KOCHI REFINERY

Sl. No. ITEM DESCRIPTION QTY UoM RATE (Rs)

10 RC FOR GT MAINTENANCE KR BGGTS YEAR

10.10 89002730 CAP POWER PLANT TECH ADV (MECH) 40 MDY

10.20 89002753 CONT ASST EXTRA HR WORK TA (MECH) OT 160 HR

10.30 89002751 CONT ASST MISC CHARGE-TRAVEL TIME 10 NO

10.40 89002755 CONT ASST MISC TO&FRO TRAVEL 10 NO

10.50 9009404 CONT ASST OEM SERVICE BOARDING EXP 40 DAY

10.60 9028590 CONT ASST CREW (MECH 100 NO

10.70 9028203 CONT ASST-TRAVEL TIM - CREW 100 NO

10.80 9028202 CONT ASST-BOARDING - CREW 100 DAY

10.90 9014143 CONT ASST 8 HR SKILLED 100 DAY

10.100 9009397 CONT ASST EXTRA HR WORK SPLZD SKLLD 400 EA

10.110 89002242 MECH GEN CLNG GT FILTERS 4 LS

10.120 89002731 CAP POW PLNT FR5 GT INSPEC GT BI 1 NO

10.130 89002680 CAP POW PLNT FR6 GT INSPEC GT BORO 2 EA

10.140 89002733 CAP POW PLNT FR5 GT REP/REFURB GT CL 1 SET

10.150 89002713 CAP POW PLNT FR5 GT REP/REFURB GT FN 2 SET

10.160 89002734 CAP POW PLNT FR5 GT INSPEC GT MI 1 NO

10.170 89002732 CAP POW PLNT FR5 GT INSPEC GT CI+BI 1 NO

10.180 89002718 CAP POW PLNT FR6 GT INSPEC GT CI+BI 1 NO

10.190 89002586 CAP POW PLNT FR6 GT INSPEC HGP 3 EA

10.200 89002761 CONT ASST MISC DEMOB/MOB MI 1 NO

20 RC FOR GT MAINTENANCE KR BGGTS YEAR

20.10 89002730 CAP POWER PLANT TECH ADV (MECH) 40 MDY

20.20 89002753 CONT ASST EXTRA HR WORK TA (MECH) OT 160 HR

20.30 89002751 CONT ASST MISC CHARGE-TRAVEL TIME 10 NO

20.40 89002755 CONT ASST MISC TO&FRO TRAVEL 10 NO

20.50 9009404 CONT ASST OEM SERVICE BOARDING EXP 40 DAY

20.60 9028590 CONT ASST CREW (MECH 100 NO

20.70 9028203 CONT ASST-TRAVEL TIM - CREW 100 NO

20.80 9028202 CONT ASST-BOARDING - CREW 100 DAY

20.90 9014143 CONT ASST 8 HR SKILLED 100 DAY

20.100 9009397 CONT ASST EXTRA HR WORK SPLZD SKLLD 400 EA

20.110 89002242 MECH GEN CLNG GT FILTERS 4 LS

20.120 89002731 CAP POW PLNT FR5 GT INSPEC GT BI 1 NO

20.130 89002680 CAP POW PLNT FR6 GT INSPEC GT BORO 2 EA

20.140 89002732 CAP POW PLNT FR5 GT INSPEC GT CI+BI 1 NO

20.150 89002718 CAP POW PLNT FR6 GT INSPEC GT CI+BI 3 NO

20.160 89002586 CAP POW PLNT FR6 GT INSPEC HGP 3 EA

20.170 89002720 CAP POW PLNT FR6 GT INSPEC GT MI 1 NO

20.180 89002761 CONT ASST MISC DEMOB/MOB MI 1 NO

TOTAL QUOTED AMOUNT EXCLUDING GST

TOTAL QUOTED AMOUNT INCLUDING GST

Total Quoted Amount in Words:

Name & Signature with Seal

BPCL VENDER CODE (IF REGISTERED VENDOR)

To be uploaded with price bid only

ACKNOWLEDGEMENT SHEET

having office at (full address) ……………………………………………………………………………………………………

downloaded your Request For Quotation, Collective RFQ No.1000……. dated…………for the job

“………………………………………………………………………………………………………………………” with attached tender documents.

I/We hereby confirm that we have gone through the above tender documents in detail including

technical specifications of all the items covered in the above Request For Quotation and

understood the scope of the job, scope of supply and all the terms and conditions contained in

the Request For Quotation and tender documents.

I/We, also confirm our acceptance (without any deviations) to the scope of work, scope of

supply, Special Conditions of Contract, General Conditions of Contract (GCC), Safety and Security

Regulation, Corrigendum, if any, and all the terms and conditions contained in the Request For

Quotation–Collective RFQ No. 1000……………. and we are hereby returning this copy as an

acknowledgement of receipt and acceptance, duly signed and stamped.

I/We, hereby confirm that I/We have quoted in the Priced Bid attached in the E-Tender Portal

against all the items of the tender.

Format for Undertaking from Bidder

(on Bidders letter head duly stamped & signed)

Declaration on Non-Disclosure Agreement (NDA)

Subject: Declaration for applicable Non-Disclosure Agreement (NDA) on successful

award of contract for related documents of the Tender

Ref : CRFQ No. 1000_______ , E-tender/ GeM bid no.:_________

In order to pursue the business purpose of the project/Job, if in case, it is recognized

between buyer (Engineer in charge) and seller that there is a need to disclose certain

information (if any) and it is then necessary to protect such confidential information from

unauthorized use and further disclosure to any other third party.

We, M/s_____________________________ hereby confirm and take undertaking that all the

information shared with us as the executing vendor/seller for the purpose of business

shall be kept confidential.

In this context, a separate NDA agreement (if any) will be executed between buyer

(Engineer in charge) and seller based on agreed mutual discussion as applicable time to

time on successful award of job to safe guard confidentiality of information.

Authorized Signature

(Seal of the Company) / Date

COMMERCIAL FORMAT

2 Offer No. and Date

3 Company name & Address

4 Invoicing location & Vendor code in BPCL, if any.

5 Name of contact person, Mobile number & E mail

6 If EMD is applicable,

a. Mention amount & mode of EMD Submission

(BG / NEFT / Insurance Surety Bond)

b. Mention the concerned policy/clause of EMD

7 GST in % & SAC No.

8 Confirm acceptance of all clauses and conditions

in the RFQ and tender document attached to this

tender / enquiry.

9 Confirm item-wise det ai l s o f quot ed prices a s

p e r at ta ch e d fo r m a t are uploaded along with

price bid only.

10 If purchase preference required, mention the

name of policy (MSE / PPPMII / Startup / PSU)

11 Confirm the bidder has not made any other bid or

multiple bids as per attached “One bid per bidder

12 Confirm no terms and conditions / wordings /

sentences have been changed or modified by me

in the tender document at the time of submission

Signature ……………………………

Office Seal ………………………………

Deviation & Exception Form

E Tender No. …………………………………..

Name of Job …………………………………

Bidders must adhere to every aspect of the tender document without any deviation or exceptions. The

bidders are required to mention no technical deviations, commercial deviations and exceptions in this form.

In cases where deviations and exceptions are unavoidable, bidders may specify them only in the format

outlined below. BPCL reserves the right to accept or reject the offer based on the deviations and exceptions.

The deviations and exceptions mentioned elsewhere in the offer other than this form shall not be taken

cognizance by the Company. Bidder shall state the reasons for the deviations & exceptions in the “Reason

for deviations” column. All other aspect of the tender, not mentioned in this form, shall be deemed to be

fully complied by the bidder. Only the deviations & exceptions listed herein and accepted by BPCL, shall

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

Technical Deviations & Exceptions

Sl No. Page/ Document / Technical Deviation/Exception to Reason for

Annexure No. Annexure Name Requirements Technical Requirements Deviations

No Technical Deviation

Commercial Deviations & Exceptions

Sl No. Page / Document / Commercial Deviation/Exception to Reason for

Annexure No. Annexure Name Requirements Commercial Requirements Deviations

No Commercial Deviation

ANNEXURE - VIII

INSTRUCTIONS TO BIDDERS

Bharat Petroleum Corporation Limited, CPO-Kochi Refinery invites offers from vendors as per Tender

1. EARNEST MONEY DEPOSIT (EMD): Not Applicable.

2. AWARD OF P O / CONTRACT:

After opening of priced bids, the successful bidders for supply will be decided based on the evaluation

In case of one time contract, a 10-digit purchase order starting with 45 series will be issued to the successful

bidders through “SAP” for awarding the contract which will be deemed valid for supply of the service.

In case of rate contracts, a 10-digit contract starting with 46 series and a purchase order starting with

series will be issued to the successful bidders through “SAP” for awarding the contract which will be deemed

valid for supply of the service. The subsequent PO/Call offs and schedule of supplies will be intimated later.

Schedule of call off will be as per BPCL requirement i.e., need basis only.

3. GENERAL POINTS:

a) Bidder shall confirm that the offer is strictly as per tender terms and conditions, deviations if any shall

be clearly indicated in the deviation/exception form only. The deviations indicated elsewhere may

not be considered by BPCL.

b) The commercial terms offered by the bidder shall be firm, clear and specific as the tender will

normally be finalized without seeking any clarification.

c) Bidder shall accept the contract for all items or part thereof (as applicable) without any precondition

on minimum value of contract / call off. Offer with precondition on this is liable to be rejected.

d) Service is required to be delivered as per delivery schedule informed by Kochi Refinery.--

e) Bidder to confirm that during emergencies, service shall be made at a short notice on priority.

f) Bidder to confirm that the service if rejected on account of poor quality shall be replaced free of cost.

g) BPCL reserves the right to accept or reject any tender in part or full, without assigning any reason

whatsoever & also to give purchase preference to public enterprises, as admissible under the existing

policies and guidelines of BPCL.

h) Any effort by bidder or bidder’s agents, consultant or representative, howsoever described, to

influence the owner in any way concerning scrutiny / consideration / evaluation / comparison of the

bid or decision concerning award of contract shall entail rejection of the bid.

i) Offers & all correspondence must be in English language only.

j) Cutting / correction: to the extent possible, the bids shall be submitted with nil corrections. If

unavoidable, bidders may make corrections, but should be duly signed by the bidder’s authorized

k) Rates quoted shall remain firm till the execution of the contract period and no claims for price

escalation shall be entertained. This clause is not applicable for tenders floated with price escalation

4. BID DOCUMENTS:

a) Bid documents consist of all the documents and any additional document submitted by the bidder,

in support of their claim of meeting the requirements in this tender.

b) BPCL’s General Conditions of Contract (GCC) is an essential part of this bid document. The terms &

conditions mentioned therein, to the extent that they are applicable in the context of this

procurement, shall hold good for this tender, in addition to the requirements, terms & conditions

mentioned elsewhere in these tender documents. In case of any conflict between the terms &

conditions in the GCC with that mentioned elsewhere in these tender documents, the latter shall

c) Bidder is expected to read, understand and accept all terms & conditions without any deviation. In

case bidder takes any deviation to any of the terms & conditions in these tender documents, the

same shall be stated clearly with reasons in technical & commercial deviation sheet.

d) BPCL reserves the right to accept or reject any of the deviations. In case any of the deviations taken

by any bidder is not acceptable to BPCL, the same shall be taken up with bidder for withdrawal /

modification of the deviation as deemed fit. In case the bidder declines to withdraw / modify the

deviation as desired by BPCL, BPCL reserves the right to reject the offer at the technical / un-priced

bid evaluation stage itself.

5. INSTRUCTIONS TO VENDORS FOR E-TENDERING

a) The vendors are requested to download the tender from BPCL’s e-tendering website

https://bpcltenders.eproc.in & participate in the tender as per the instructions given above & herein,

on or before the due date & time of the tender. The tender available on the BPCL website can be

downloaded for reading purpose only. For participation in the tender, please fill up the tender

online on the e-tender system available on https://bpcltenders.eproc.in.

b) For registration on the e-tender site https://bpcl.eporc.in, vendors needs to download the User

Instruction Manual from the site & read it. They shall have to select “Enrollment” and complete the

“Supplier Registration Form” by filling in all the information correctly. Kindly remember the login id,

password entered therein. After completing this process, system will generate an e-mail wherein a

system generated “Challenge Phrase” will be mailed to you to complete balance registration process.

c) As a pre-requisite for participation in the tender, vendors are required to obtain a valid Digital

Certificate of Class III and above as per Indian IT Act from the licensed Certifying Authorities operating

under the Root Certifying Authority of India (RCIA), Controller of Certifying Authorities (CCA). The cost

of obtaining the digital certificate shall be borne by the Vendors. In case any Vendors so desires, he

may contact our e-procurement service provider M/s. C1 India Pvt. Ltd. (Contact no. +91 22 66865600)

for obtaining the digital signature certificate. Please note that generally, it takes 5 working days for

obtaining a digital certificate after the submission of all required documents/fees. Non availability of

Digital Certificate shall be considered as the vendors regret.

d) Our e-tendering service provider – C1 India Pvt Ltd. For system related queries, the Vendors may

1. Support desk E Mail ID is [email protected]

2. Mr. Manoj VP, Mob. +91 8907132680, e-mail id: [email protected]

3. Mr. Hebrin George, Mob. +91 8921155218, e-mail id: [email protected]

e) All documents required for the bid shall be uploaded on the appropriate place in the E tender portal.

All documents to be signed & stamped & uploaded.

f) Corrigendum / amendment, if any, shall be notified on the site. In case any corrigendum / amendment

is issued after the submission of the bid, then such Vendors who have submitted their bids, shall be

intimated about the corrigendum/ amendment by a system-generated email. No written

communication will be circulated. It shall be assumed that the information contained therein has been

taken into account by the Vendors. They have the choice of making changes in their bid before the due

g) Vendors are required to submit their bid online on or before the due date and time of closing of the

tender as depicted in this document. Vendors shall have to log on to the website for submitting their

bid. The system time (IST) that will be displayed on e-Procurement web page shall be the time

considered for determining the expiry of due date & time of the tender and no other time shall be

taken into cognizance. Vendors are advised in their own interest to ensure that their bids are submitted

in e-Procurement system well before the closing date and time of bid. If the Vendors intends to change /

revise the bid already entered, he may do so any number of times till the due date & time of submission

deadline. However, no bid can be modified after the deadline for submission of bids. Once the entire

process of submission of online bid is complete, the Vendors are required to take the print as a proof

of submitted bid.

h) Bids/Offers shall not be permitted in e-procurement system after the due date/time of tender. Hence,

no bid can be submitted after the due date & time of submission has elapsed.

i) Please note that the offers submitted against this tender will be evaluated “electronically" and vendors

are requested to comply with the guidelines while submitting the offer. Please note that there shall

not be any reference of the offered price/rates in the “unpriced bid” and any such offers having these

details shall be summarily rejected. Hard copies of the bids shall not be submitted to the office, since

hard copies shall not be considered for evaluation. Manual bids/ offers along with electronic

bids/offers shall not be permitted.

j) In two bid system, once the un-priced bids are opened, vendors can see the list of Vendors who have

participated in the bid by logging on to the portal under their user ID and password. Subsequently, in

case the price bids are opened in E Tendering platform, Vendors can see the rates quoted by all the

participating vendors for tenders having value more than 10 Lakhs.

k) No responsibility will be taken by BPCL and / or the e-procurement service provider for any delay due

to connectivity & availability of website. They shall not have any liability to Vendors for any interruption

or delay in access to the site irrespective of the cause. It is advisable that Vendors who are not well

conversant with e-tendering procedures, start filling up the tenders much before the due date / time

so that there is sufficient time available with him/ her to acquaint with all the steps & seek help if they

so require. Even for those who are conversant with this type of e-tendering, it is suggested to complete

all the activities ahead of time. It should be noted that the individual bid becomes viewable only after

the opening of the bid on/after the due date and time. Please be reassured that your bid will be

viewable only to you and nobody else till the due date/time of the tender opening. The non-availability

of viewing before due date & time is true for e-tendering service provider as well as BPCL officials.

l) BPCL and / or the e-procurement service provider shall not be responsible for any direct or indirect loss

or damages & or consequential damages, arising out of the bidding process including but not limited

to systems problems, inability to use the system, loss of electronic information etc.

ANNEXURE - XIII

Format for Declaration of Holiday Listing orders issued by BPCL or MOPNG debarring us from

carrying on business dealings with BPCL/ MOPNG

(On Company Letter Head, to be signed by the duly authorized person)

TENDER NO. : ………………

Bharat Petroleum Corporation Ltd

Dear Sir/Madam,

I /We declare and confirm that we are currently not serving any Holiday Listing orders issued by BPCL or

MOPNG debarring us from carrying on business dealings with BPCL/ MOPNG or convicted of an offence:

(a) under the Prevention of Corruption Act, 1988: or

(b) the Indian Penal Code or any other law for the time being in force, for causing any loss of life or

property or causing a threat to public health as part of execution of a public procurement contract.

Further, I/ We declare that the Agency is not or has not become bankrupt, OR is not being dissolved OR

has not resolved to be wound up OR no proceedings for winding up or dissolution has been instituted

against the Agency;

(Signature and Stamp of the Bidder)

Policy for Holiday Listing of Vendors in BPCL

1. Introduction:

Works and procurement contracts have become a major activity for corporate in current times. In course

of such contracting Oil sector PSEs deal with various “Agencies” (which shall include

vendors/parties/contractors/suppliers/consultants/Licensors/bidders). These entities are expected to

adopt ethics of highest standards and a very high degree of integrity, safety and quality

consciousness, commitments and sincerity towards the work undertaken and dealing with BPCL in such

matters. However, in few occasions, the terms are found to be infringed and deviations from expected

behavior are observed. It is not in the interest of BPCL to deal with Agencies who commit deception, fraud

or other misconduct including compromising quality and safety in the tendering and execution process.

Also, while participating in the tender and performing the contract, vendors are required to meet certain

basic performance criteria and adherence to the terms and conditions of the tender/contract. In case the

vendor fails to meet the above parameters, it is prudent to put the vendor on holiday list for specific

periods in order to deter the vendors form committing such defaults. Such decisions shall be taken based

on the gravity of the default and after following a laid down process, on case to case basis.

Holiday Listing from business dealings involves civil consequences for the “Agency” concerned. Hence, the

same requires adherence to the Principles of Natural Justice. Therefore, it is incumbent that adequate

opportunity of hearing is provided and the explanation, if tendered, is considered before passing any

order in this regard keeping in view the facts and circumstances of the case. The meaning of “Black listing”,

“Holiday Listing” and “Banning” is considered one and the same and shall hereafter be referred to only as

“Holiday Listing” and the term Holiday Listed Companies is used accordingly in this document.

2.1 The information for Bidders/Instruction to Bidders and even the General Conditions of Contract

(GCC) or General Purchase Conditions (GPC) generally provide that BPCL shall have the rights to remove

from list of approved suppliers / contractors or to ban business dealings if any Agency has been found to

have committed misconduct or fraud or poor performance or anything unethical not expected from a

reputed agency.

2.2 The procedure of Holiday Listing of Agencies from Business Dealings with BPCL has been laid down

in these guidelines.

2.3 These guidelines are applicable across BPCL and shall form part of all the tenders. These guidelines

shall be published as a separate document in BPCL website and the General Conditions of Contract (GCC)

or General Purchase Conditions (GPC) shall have a clause expressly stating that the Guidelines and

Procedures for Holiday Listing as adopted by BPCL and available separately in BPCL website shall be

applicable in the context of all tenders floated and consequently all orders/ contracts /purchase orders

placed by BPCL.

2.4 The Holiday Listing shall be with prospective effect, i.e. for future business dealings.

3. Definitions:

In these Guidelines, unless the context otherwise requires

a) Agency: “Party/Contractor/Supplier/Vendor/Consultant/Bidder/Licensor” in the context of these

guidelines is indicated as 'Agency'.

“Party/Contractor/Supplier/Vendor/Consultant/bidders/Licensor” shall mean and include a public limited

company or a private limited company, one person company, limited liability partnership, a joint venture.

Consortium, HUF, a firm whether registered or not, an individual, co-operative society or an association

or a group of persons engaged in any commerce, trade, industry etc.

b) Allied Agency means: All concerns which come within the sphere of effective influence of the debarred

firms shall be treated as allied firms. In determining this, the following factors may be taken into

i) Whether the management is common

ii) Majority interest in the management is held by the partners or directors of banned / suspended firm

iii) Substantial or majority shares are owned by the banned / suspended firm and by virtue of this it has

a controlling voice

iv) Directly or indirectly controls, or is controlled by or is under common control with another bidder

v) All successor firms will also be considered as allied firms.

c) Appellate Authority: “Appellate Authority” shall mean the concerned functional Director of BPCL or

any other authority nominated by the C&MD. The Appellate authority shall be higher than the

“Competent Authority”.

d) Competent Authority: “Competent Authority” shall mean the authority, who is competent to take final

decision for Banning of business dealings with Agencies, in accordance with these guidelines:

The Competent Authority for a Procurement / User Department which is initiating the Holiday Listing

process should be the Regional head(or) SBU / Entity head as the case may be relevant to the said

Procurement / User Department, but not below the level of Chief General Manager

e) Corporation: “Corporation” means Bharat Petroleum Corporation Ltd. with its Registered Office at

Bharat Bhavan-I, 4&6 Currimbhoy Road, Ballard Estate, Mumbai-400001.

f) Corrupt Practice: “Corrupt Practice” means the offering, giving, receiving or soliciting, directly or

indirectly, anything of value to improperly influence the actions in selection process or in contract

execution. “Corrupt Practice” also includes any omission for misrepresentation that may mislead or

attempt to mislead so that financial or other benefit may be obtained or an obligation avoided.

g) Fraudulent Practice: “Fraudulent Practice” means and include any act or omission committed

by a agency or with his connivance or by his agent by misrepresenting/submitting false documents

and/ or false information or concealment of facts or to deceive in order to influence a selection process

or during execution of contract/ order;

h) Collusive Practice : “Collusive Practice” amongst bidders (prior to or after bid submission)”

means a scheme or arrangement designed to establish bid prices at artificial non-competitive levels and

to deprive the Employer of the benefits of free and open competition.

i) Coercive Practice: “Coercive practice” means impairing or harming or threatening to impair or harm

directly or indirectly, any agency or its property to influence the improperly actions of an agency,

obstruction of any investigation or auditing of a procurement process.

j) Officer-in-Charge: “Officer—in-Charge (OIC)” or “Engineer-in-Charge (EIC)” shall mean the person (s)

designated to act for and on behalf of BPCL for the execution of the work as per requirement of the

concerned department.

k) Malpractice: Malpractice means any corrupt Practice, Fraudulent Practice, Collusive Practice or

Coercive practice as defined herein;

l) Mis-Conduct: “Mis-conduct” means any act or omission by the Agency, making it liable for action for

Holiday Listing as per these guidelines

m) Nodal Department: “Nodal Department” means the Department primarily assigned with the role of

overseeing the Holiday Listing Process to ensure adherence to guidelines, maintaining, updating and

publishing the list of Agencies with whom BPCL has decided to ban business dealings and shall be the

Corporate Finance Department.

n) Vendor De-listment Committee: “Vendor De-listment Committee” relevant to the procurement

department which initiates the holiday listing process would the same as the vendor enlistment

Committee as per DR&A of the concerned SBU/Entity.

4. Holiday Listing:

4.1 Reasons for Holiday Listing: An Agency may be placed in Holiday List for any one or more of the

following circumstances:

4.1.1 If the Agency, in the context of its dealings with the Corporation:

a) Has indulged in malpractices;

b) Has submitted fake, false or forged documents / certificates

c) Has substituted materials in lieu of materials supplied by BPCL or has not returned or has unauthorized

disposed off materials / documents / drawings /tools or plants or equipment’s supplied by BPCL.

d) Has deliberately violated and circumvented the provisions of labour laws/ regulations / rules, safety

norms, environmental norms or other statutory requirements.

e) has deliberately indulged in construction and erection of defective works or supply of defective

f) Has not cleared previous dues to BPCL if applicable.

g) Has committed breach of contract or has abandoned the contract.

h) Poor performance of the Agency in one or several contracts;

i) Has not honored the fax of award /letter of award / Contract / Purchase order after the same is issued

j) Withdraws/ revises the bid upwards after becoming the Ll bidder.

k) Has parted with, leaked or provided confidential/ proprietary information of BPCL to any third party

without the prior consent of BPCL.

4.1.2. The following additional grounds can also be reasons for Holiday listing of an agency:

a) If a communication is received from the Administrative Ministry of the Corporation (i.e. MOP&NG) to

ban Agency from dealing with the Corporation;

b) If the Agency is or has become bankrupt, OR is being dissolved OR has resolved to be wound up OR if

proceedings for winding up or dissolution has been instituted against the Agency;

c) Any other ground, including transgression of Integrity Pact, which, in the opinion of the Corporation,

makes it undesirable to deal with the Agency; In the case of transgression of Integrity Pact, the same

should be substantiated by the verdict of the Independent External Monitor.

4.2.1 Proceedings for Holiday Listing shall be initiated against an Agency when a prima facie case for

Holiday Listing comes up, under any of the above mentioned circumstances; before taking a

decision, a fair opportunity of hearing the party should be given by means of a Show Cause notice. The

show cause notice should indicate clearly and precisely the charges/misconduct which should be based

on facts as can be proved as distinct from mere allegations. Statement containing the imputation of

misconduct or misbehavior may be appended to the show-cause notice and the “Agency” should be

asked to submit within 15 days a written statement in its defense.

4.2.2 The proceedings shall start with a proposal for initiating action against the Agency, to be raised by

the Procurement /User Department which, in the first instance, is to be cleared by the relevant Vendor

De-listment Committee.

4.2.3 The proposal shall state a brief background of the case, the action proposed and all supporting

documents, including a note from the Engineer / Officer In-Charge or the designated in-charge or the

department responsible for execution of a work, in the case the proposal is related to the

performance of a contract. A draft show cause notice is also to be attached to the proposal.

4.2.4 On preliminary examination of the proposal with attached documents, if the vendor de-listment

committee is of the opinion that action is to be initiated against the Agency, the committee will approve

the proposal along with the proposed Show Cause Notice.

4.2.5 Thereupon the Show Cause Notice, as approved, will be issued by the concerned Procurement

/User Department. Before issuing the Show Cause Notice, concerned procurement / User department

should give intimation to the Nodal Department regarding the proposed action against the Agency, along

with a copy of the Show Cause notice for record. The Nodal Department, shall in turn publish this

information in BPCL website for information and reference of all procuring departments across the

4.2.6 On receipt of the explanation from the Agency, the procurement / User Department will put up the

proposal for holiday listing, to the competent authority, through the vendor de-listment committee & the

Nodal Department; This proposal would consist of a background of the case, copy of initiation proposal

approved by vendor de-listment committee, copy of the Show Cause Notice issued and Agency’s reply

received and the procurement / User departments’ comments on the same. The period for which holiday

listing is recommended should also be clearly mentioned in the proposal. All relevant supporting

documents should also be attached; In case no explanation is received from the Agency within the

stipulated time, the case shall be preceded with ex-parte.

4.2.7 The proposal along with the reply from the Agency would be examined by the Vendor de-listment

Committee; thereafter, with the recommendation from the vendor de-listment Committee, the

proposal would be put up through the Nodal Department to the Competent Authority for final decision

on banning or otherwise.

4.2.8 The competent authority, after examining all the materials on record, including the explanation

from the Agency, will give their decision on the proposal. Competent Authority in its decision may:

a) Approve the proposal for Holiday Listing as such, OR

b) Approval the proposal for holiday listing for a period higher than that was recommended, in case the

competent authority is of the opinion that banning for a longer period is required in view of the gravity of

c) Approve the proposal for holiday listing for a period lesser than that was recommended, in case the

competent authority is of the opinion that lesser period would meet the requirement, considering

the gravity of the case, OR

d) Reject the proposal, in case, based on explanation furnished by the Agency, the Competent Authority

is of opinion that the alleged misconduct / malpractice was either not substantiated or has

happened on account of circumstances on which Agency had no control.

4.2.9 The decision of the Competent Authority regarding Holiday Listing of business dealings should be

communicated to the ’Agency’ concerned, by the concerned procurement / User department.

4.2.10 The Holiday Listing process should be completed at the earliest, and in any case within 45 days

from initiation of case by concerned Engineer / Officer — In-Charge /Department responsible for

invitation of bids.

However, if any agency, which is under holiday listing process with BPCL, has participated in a tender by

submitting bid, the department responsible for initiating the holiday listing process shall expedite

completion of the same within 21 days of technical bid opening , based on which the tender can be

proceeded with.

4.2.11 Competent Authority shall decide on the period of holiday listing, on case to case basis, depending

on the gravity of the case and considering the implications for BPCL on account of the Act/Omission on

the part of the Agency, intentions of the Agency as established from the circumstances of the case,

frequency of tendering for work of similar nature etc.

4.2.12 Duration of Holiday Listing- The period of holiday listing will be guided as per the following

a) A Bidder shall be debarred if he is convicted of an offence under the Prevention of Corruption

Act 1988 or the Indian Penal Code or any other law for time being in force, for causing any loss of life or

property or causing a threat to public health as part of execution of a public procurement for a period not

exceeding 3 years.

b) In any other case, a bidder shall be debarred for a period not exceeding 2 years.

c) The Minimum period for which as Agency is Holiday listed should not be less than six months.

Indicative holiday listing period depending upon the nature of offence / default are given below subject

to aforesaid principles:

Sr. No Reasons for holiday listing Period of

holiday listing

1 Indulged in malpractices resulting in financial loss to the Corporation 2 years

2 Submitted fake, false or forged documents / certificates 2 years

3 has substituted materials in lieu of materials supplied by BPCL or has 2 years

not returned or has unauthorisedly disposed off materials documents /

drawings / tools or plants or equipment's supplied by BPCL

Has deliberately violated and circumvented the provisions of labour

4 laws/ regulations / rules, safety norms, environmental norms or other 2 years

statutory requirements

5 has deliberately indulged in construction and erection of defective 2 years

works or supply of defective materials

6 has not cleared BPCLs previous dues if applicable 1 year

7 has committed breach of contract or has abandoned the contract 2 years

8 Poor performance of the Agency in one or several contracts 1 year

9 has not honoured the fax of award / letter of award / Contract 1 year

Purchase order after the same is issued by BPCL

10 Withdraws/ revises the bid upwards after becoming the L1 bidder 1 year

11 has parted with, leaked or provided confidential / proprietary 2 years

information of BPCL to any third party without the prior consent of BPCL

If the Agency Is or has become bankrupt, OR is being dissolved OR has

12 resolved to be wound up OR if proceedings for winding up or dissolution 2 years

has been instituted against the Agency

13 Transgression of Integrity Pact , which, in the opinion of the 2 years

Corporation, makes it undesirable to deal with the Agency;

14 Convicted of an offence under the Prevention of Corruption Act 1988 3 years

or the Indian Penal Code or any other law for time being in force, for

causing any loss of life or property or causing a threat to public health as

part of execution of a public procurement

4.2.13 In cases where Holiday Listing is proposed based on advice from the Administrative Ministry,

.no show cause or formal decision by competent authority will be required. The Nodal Department

will directly intimate the Agency that they have been placed in Holiday Listing by BPCL based on

the Ministry's advice

4.2.14 Provision for Appeal:

a) An agency aggrieved with the decision of the Competent Authority shall have the option of filing an

appeal against the decision of the Competent Authority within a maximum of 15 days from the date of

receipt of intimation of holiday listing.

b) Any appeal filed after expiry of the above period shall not be considered by the Appellate Authority;

c) On receipt of the Appeal from the Agency, the Appellate Authority, if it so desires, may call for

comments from the Competent Authority;

d) After receipt of the comments from the Competent Authority, the Appellate Authority, if it so desires,

may also give an opportunity for personal hearing, to the Appellant Agency;

e) After examining the facts of the case and documents available on record and considering the

submissions of the Appellant Agency, the Appellate Authority may pass appropriate order by which the

Appellate Authority may either:

i) Uphold the decision of Competent authority with or without any variation

/lesser period of Holiday Listing; OF

ii) Annul the order of the Competent Authority.

f) Appellate Authority shall pass its order within a maximum period of 45 days from the date of

receipt of Appeal.

g) Order of the Appellate Authority shall be communicated to the Agency by the Procurement

Department copy of which shall be given to the Competent Authority and also to the Nodal

Department as well.

h) No Appeal is permitted in case an Agency is placed in Holiday List by BPCL, based on Ministry's advice.

4.2.15 Effect of Holiday Listing

a) No enquiry / bid / tender shall be entertained with an Agency (including Allied Agency) as long

as the ’Agency' name appears in the Holiday list.

b) If an 'Agency' is put on the Holiday list during tendering:

i) If an 'Agency' is put on Holiday List after issue of the enquiry / bid /tender but before opening of the

un-priced bid, the un-priced bid of the 'Agency' shall not be opened and BG/EMD, if submitted by the

'Agency' shall be returned . If an 'Agency' is put on Holiday List after un-priced bid opening but before

price bid opening, the price bid of the 'Agency' shall not be opened and BG/EMD submitted by the 'Agency'

shall be returned.

ii) If an 'Agency' is put on Holiday List after opening of price bid but before finalization of the tender, the

offer of the 'Agency' shall be ignored and will not be further evaluated and the BG/EMD if any submitted

by the 'Agency' shall be returned. The 'Agency' will not be considered for issue of order even if the 'Agency'

is the lowest (L1). In such situation next lowest shall be considered as L1;

iii) In case, any debarred firms has submitted the bid, the same will be ignored. In case such firm is lowest

(L-1), next lowest firm shall be considered as L-1. Bid security

Submitted by such debarred firms shall be returned to them.

iv) If contract with the 'Agency' concerned is in operation, (including cases were contract has

already been awarded before decision of holiday listing) normally order for Holiday Listing from

business dealings cannot affect the contract, because contract is a legal document and unless the same is

terminated in terms of the contract, unilateral termination will amount to breach and will have civil

c) In cases where holiday listing proposal has been initiated by some procurement department in the

Corporation, but the process is yet to be completed and order of Competent Authority is awaited, the

tendering process may be taken forward till price bid opening and after price bid opening, decision on the

tender may be kept on hold till such time order of Competent Authority is issued.

5. Declaration by Bidders regarding Holiday Listing status:

Tenders invited for purchase of Goods and Services for both Open Tenders as well as Limited Tenders,

should have the provision that the bidder should submit a declaration to the effect that they are not

currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on

business dealings with the BPCL/MOPNG. Offers not accompanied with a declaration should be

incorporated in rejection criteria. Any wrong declaration in this context shall make the Agency liable for

action under this Holiday Listing procedure.

Bidder should submit a declaration to the effect that he has not been convicted of an offence—

a) Under the Prevention of Corruption Act, 1988: or

b) The Indian Penal Code or any other law for the time being in force, for causing any loss of life or

property or causing a threat to public health as part of execution of a public procurement contract.

6. Revocation of Holiday Listing:

6.1 An order for Holiday Listing once passed fora certain specified period shall be revoked as under:

6.1.1 An order for Holiday Listing passed for a certain specified period shall be deemed to have been

automatically revoked on the expiry of that specified period and it will not be necessary to issue a specific

formal order of revocation., Any reduction in holiday listing period due to revision in the holiday listing

policy shall also be applicable to parties who are on the holiday list as on the date of revision. The

Procurement department shall suitably advise the change in holiday listing period to the respective

holiday listed vendor with a copy to nodal authority.

6.1.2 A Holiday Listing order may, on a review during its currency of operation, be revoked by the

competent authority if it is of the opinion that the disability already suffered is adequate in the

circumstances of the case, and the Agency has taken appropriate action to avoid recurrence.

7. Publishing of holiday listing information in BPCL Web-site:

7.1 Once an order of Holiday Listing of an Agency is passed by a Competent Authority, the said

information shall be published in the BPCL web-site, by the Nodal Department;

7.2 All Procurement Agencies, should before issue of tender in limited tender cases and before opening

of price bids in all cases, verify with this published information that the bidder concerned is not currently

serving any Holiday Listing orders issued by BPCL; suitable declarations to this effect shall be incorporated

in the concerned approval notes/TEC Note.

7.3 All orders of revocation of holiday listing shall, immediately on revocation, be made available to the

Nodal Department, who in turn shall update the information in the web-site accordingly.

7.4 To take cognizance of the holiday listing process in the initiation stage itself, the Nodal Department

should update the information in the BPCL web site, as soon as they get intimation from the

Procurement Group, along with copy of proposed show cause notice.

7.5 If any Communication is received from the Administrative Ministry (i.e. MOP&NG) advising banning

of business dealings with any Agency, the Nodal Department should take immediate action to circulate

the same to all Procurement Departments within the Corporation, update the website and also send

intimation to the concerned Agency.

Undertaking with respect to Compliance of Restrictions for Countries which share

land border with India – as stipulated by Govt. of India.

(On Company Letter Head, to be signed by the duly authorized person)

Bharat Petroleum Corporation Ltd

Dear Sir/Madam,

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

withIndia – as issued by Govt. of India in Feb

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

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

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

registered with the competent authority. I hereby certify that this bidder fulfills all

requirementsin this regard and is eligible to be considered*.

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

registered with the competent authority and will not sub-contract any work to a contractor

fromsuch countries unless such contractor is registered with the competent authority. I hereby

certify that this bidder fulfills all requirements in this regard and is eligible to be

considered*.(Applicable for works involving possibility of sub-contracting)

c. (i) I/We have read the clause regarding restrictions on procurement from a bidder having

Transfer of Technology (ToT) arrangement. I certify that this bidder does not have any ToT

arrangement requiring registration with the competent authority*. Or

(ii) I/We have read the clause regarding restrictions on procurement from a bidder having

Transfer of Technology (ToT) arrangement. I certify that this bidder has valid registration to

participate in this procurement*.

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

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

Name and Signature of the Authorized Signatory

GENERAL CONDITIONS OF CONTRACT (GCC)

BHARAT PETROLEUM CORPORATION LIMITED

I DEFINITION OF TERMS

II GENERAL INFORMATION ABOUT SITE

2.1 LOCATION OF SITE & ACCESSIBILITY

2.2 SCOPE OF WORK

2.3 LAND FOR CONTRACTOR’S FIELD, GODOWN AND

2.4 SAFETY STANDARDS FOR TEMPORARY BUILDINGS

III GENERAL INSTRUCTION FOR THE TENDERER

3 SUBMISSION OF TENDER

5 PURCHASE PREFERENCE

6a EARNEST MONEY

6b CONVERSION OF EMD TO SECURITY DEPOSIT

7a BID VALIDITY

7b LANGUAGE OF BID

8 ADDENDA / CORRIGENDA

9 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

10a INTEGRITY PACT (IP)

10b HOLIDAY LISTING

10c FOREIGN BIDDERS

11 COLLECTION OF DATA TENDERER’S RESPONSIBILITY & TIME SCHEDULE

12 RETIRED GOVERNMENT OR COMPANY OFFICER

13 SIGNING OF THE CONTRACT

14a FIELD MANAGEMENT

14b CONSULTANCY CONTRACTS

IV INTERPRETATION OF CONTRACT DOCUMENTS

15 INTERPRETATION OF CONTRACT DOCUMENT

16 SPECIAL CONDITIONS OF CONTRACT

17 CONTRACTOR TO OBTAIN HIS OWN INFORMATION

18 PERFORMANCE SECURITY DEPOSIT/RETENTION MONEY

19 TIME OF PERFORMANCE

20 FORCE MAJEURE

21 EXTENSION OF TIME

22 LIQUIDATED DAMAGES FOR DELAY

23 SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS

REASONABLE COMPENSATION

WITHOUT REFERENCE TO ACTUAL LOSS

24 TERMINATION / OFFLOADING

25 FORFEITURE OF SECURITY DEPOSIT

26 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED

27 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT

TAKEN UNDER CLAUSE

28 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK

29 CHANGES IN CONSTITUTION

30 IF THE CONTRACTOR DIES

31 EMPLOYEES OF THE OWNER NOT INDIVIDUALLY LIABLE

32 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS

33 CONTRACTOR’S OFFICE AT SITE

34 CONTRACTOR’S SUBORDINATE STAFF AND THEIR CONDUCTS

35 SUB-LETTING OF WORK

36 POWER OF ENTRY

37 CONTRACTOR’S RESPONSIBILITY WITH OTHER AGENCIES

38 OTHER AGENTS AT SITE

40 RIGHTS OF VARIOUS INTERESTS

41 RIGHT OF OWNER TO DETERMINE / TERMINATE CONTRACT

42 TERMINATION FOR CONVENIENCE

43 PATENTS AND ROYALTIES

45 OPERATION OF CONTRACT

V PERFORMANCE OF WORK

46 EXECUTION OF WORKS

47 COORDINATION AND INSPECTION OF WORK

48 WORK IN MONSOON AND DEWATERING

49 WORK ON SUNDAYS AND HOLIDAYS

50 GENERAL CONDITIONS FOR CONSTRUCTION AND ERECTION WORK

51 DRAWINGS TO BE SUPPLIED BY THE OWNER

52 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR

53 SETTING OUT WORKS

54 RESPONSIBILITY FOR LEVEL AND ALIGNMENT

55 MATERIALS TO BE SUPPLIED BY CONTRACTOR

56 MATERIALS SUPPLIED BY OWNER

57 CONDITIONS FOR ISSUE OF MATERIALS

58 MATERIALS PROCURED WITH ASSISTANCE OF OWNER

59 MATERIALS OBTAINED FROM DISMANTLING

60 ARTICLES OF VALUE FOUND

61 DISCREPANCIES BETWEEN INSTRUCTIONS

62 ALTERATIONS IN SPECIFICATIONS AND DESIGNS AND EXTRA WORK

63 VARIATION IN CONTRACT VALUE

64 ACTION WHERE NO SPECIFICATIONS ISSUED

65 ABNORMAL RATES

66 INSPECTION OF WORK

67 ASSISTANCE TO THE ENGINEERS

68 TESTS FOR QUALITY OF WORKS

70 ACTION AND COMPENSATION IN CASE OF BAD WORK

71 SUSPENSION OF WORKS

72 OWNER MAY DO PART OF WORK

73 POSSESSION PRIOR TO COMPLETION

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

74.3 CARE OF WORKS

74.4 EFFECTS PRIOR TO TAKING OVER

VI BILLS / MEASUREMENT / PAYMENT

75 SCHEDULE OF RATES AND PAYMENTS

76 PROCEDURE FOR MEASUREMENT / BILLING OF WORK IN PROGRESS

77 LUMPSUMS IN TENDER

78 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS ADVANCES

80 PAYMENT OF CONTRACTOR’S BILL

81 CONCLUSION OF CONTRACT

82 MODE OF PAYMENT

82A BILL DISCOUNTING THROUGH TReDS

83 COMPLETION CERTIFICATE

84 FINAL DECISION AND FINAL CERTIFICATE

85 CERTIFICATE FOR PAYMENTS AND EVIDENCE OF COMPLETION

VII TAXES / DUTIES / INSURANCE

86 TAXES & DUTIES

88 DAMAGE TO PROPERTY

VIII LABOUR LAWS AND OTHER REGULATIONS

90 IMPLEMENTATION OF APPRENTICES ACT, 1961

91 CONTRACTOR TO INDEMNIFY THE OWNER

92a HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS

92b MEDICAL FITNESS CERTIFACATION

93 SAFETY REGULATIONS

94 DISPUTE RESOLUTION

95 JURISDICTION

96 ORDER OF PRECEDENCE FOR WORKS/SERVICES CONTRACTS

97 LIMITATION OF LIABILITY

98 POLICE VERIFICATION OF CONTRACT STAFF AND TRANSPORT CREW AT

100 BUILDING AND OTHER CONSTRUCTION WORKERS CESS

IX MEMORANDUM OF AGREEMENT

PROFORMA OF BANK GUARANTEE / INSURANCE SURETY BOND

TAX RESIDENCY CERTIFICATE

BHARAT PETROLEUM CORPORATION LTD ACKNOWLEDGEMENT

GENERAL CONDITIONS OF CONTRACT

DEFINITION OF TERMS

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

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

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

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

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

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

Limited or his successor in office designated by the Owner.

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

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

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

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

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

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

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

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

Permanent work.

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

provided by the Owner for purpose of the contract.

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

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

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

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

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

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

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

including therein all contract documents.

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

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

specifications of the other country published before entering into Contract.

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

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

the Engineer-in-Charge.

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

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

from and alterations in the works.

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

the works have been completed to his satisfaction.

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

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

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

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

GENERAL INFORMATION ABOUT SITE

2.1 LOCATION OF SITE & ACCESSIBILITY:

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

and make himself familiar with site conditions and available facilities.

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

permits are permitted in such restricted areas. Inside the premises access to various work spots is also further

regulated by permits issued for each area. Non-availability of access roads or permits for entry of vehicles/equipment

to any specific area shall in no case be the cause to condone any delay in execution of works or be the cause for any

claims or extra compensations.

2.2 SCOPE OF WORK

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

necessary materials, equipments / Tools and Tackles / Supervision / labour etc. for the execution and maintenance

of the work till completion unless otherwise mentioned in these tender documents. All materials that go with the

work shall be approved by Engineer-in-Charge prior to procurement and use.

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

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

roads, construction materials as per specifications, shelter for his staff, etc. since these are to be provided/arranged

by the tenderer (unless otherwise specified) at his cost.

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

make available, land for construction of contractor’s field office, go-downs, workshop and fabrication yard required

for the execution of the contract. The contractor shall at his own cost construct all these temporary buildings and

provide suitable water supply and sanitary arrangement approved by the Engineer-in-Charge.

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

and have the site cleaned as directed by Engineer-in-Charge if the contractor shall fail to comply with these

requirements, the Engineer-in-charge may at the expenses of the Contractor remove such surplus and rubbish

material, dispose off the same as he deems fit and get the site cleared as aforesaid; and the contractor shall forthwith

pay the amount of all expenses so incurred and shall have no claim in respect of any such surplus materials disposed

off as aforesaid. But the Owner reserves the right to ask the Contractor any time during the pendency of the contract

to vacate the land by giving seven days notice on security reasons or on material interest otherwise.

2.4 SAFETY STANDARDS FOR TEMPORARYBUILDINGS

All temporary buildings, sheds, workshops, field stations etc. shall be constructed in conformation with the safety and

security regulations of the owner as regards location and type of structure.

GENERAL INSTRUCTION FOR THE TENDERER

3 SUBMISSION OF TENDER:

3.1 The quotation should be submitted only in the manner and the form prescribed in the Request For Quotation

(RFQ)/Tender enquiry.

3.2 Addenda/Corrigenda to this tender document if issued must be signed and submitted along with the tender document.

The tenderer should consider the Addenda/Corrigenda and should price the work based on revised quantities when

amendments for quantities are issued in addenda.

3.3 Tenders should always be placed in double sealed covers, superscribing Tender No Tender for

(name of job), Bharat Petroleum Corporation Limited, due for opening on

The full name, postal address and telegraphic address of the tenderer shall be written on the bottom left hand corner

of the sealed cover. (This will not be applicable in the case of e-tenders) Tenders received in open condition (priced

bid) are liable to be rejected.

3.4 Instructions for two part bidding

i) The bid should be submitted in two parts viz.

a. Techno-commercial bid.

ii) Techno-commercial bid shall have the following information/details

a. Technical deviation if any.

b. Commercial deviation if any like extra taxes, duties etc.

c. Copy of price bid with prices blanked off.

d. Any other relevant information.

iii) Price Bid shall have only prices as per schedule of Rates.

iv) Techno-commercial bid and price bid shall be enclosed in two separate envelopes with the subject job, type of

bid, bidders name super-scribed on top. Both these envelopes shall be sealed in a common envelope and submitted

as specified above and in covering letter. (This will not be applicable in the case of e-tenders)

4.1 The tenders, as submitted shall include all documents/details asked for by BPCL in the RFQ/Tender enquiry.

4.2 All pages to be initialed:

Wherever signed tender documents are submitted, all signatures in the documents shall be dated, as well as all the

pages of the documents shall be initialed at the lower right hand corner and signed wherever required in the tender

papers by the tenderer or by a person holding power of attorney authorizing him to sign on behalf of the tenderer

before submission of tender. Tenders without signatures as stated above are liable to be rejected.

4.3 Rates to be in Figures and Words:

The tenderer should quote the rates in English both in figures as well as in words. Offers received without the rates

in figures and in words are liable for rejection. In case of discrepancy exists between the rate quoted in figures and

in words, the rates quoted in words will prevail.

4.4 Corrections and Erasures:

All corrections and alteration in the entries of tender papers will be signed in full by the tenderer with date. No

erasures or over-writings are permissible.

In case of priced bids containing overwriting/cuttings/erasures in the quoted rates and in case these are not

attested by the signatory of the bid, such priced bids are liable to be rejected without giving any further notice.

4.5 Signature of Tenderer:

The tender shall contain the name, residence and place of business of person or persons making the tender and shall

be signed by the tenderer with his usual signature with company stamp. Partnership firms shall furnish the full names

of all partners in the tender. It should be signed in the partnership name by all the partners or by duly authorized

representative followed by the name and designation of the person signing with company stamp.

Tender by Company or Corporation registered under the relevant companies act, shall be signed by the authorized

representative and a power of attorney in that behalf shall accompany the tender.Transfer of tender documents

issued to one intending tenderer to another is not permissible.

5 PURCHASE PREFERENCE:

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

from time to time under the existing Govt. policy. Purchase preference to a PSE shall be decided based on the price

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

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

MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs, purchase preference as

admissible/applicable from time to time under the existing Govt. policy. Purchase preference to a MSE, a MSE owned

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

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

6 (a) EARNEST MONEY:

The tenderer must submit/ deposit earnest money, if specified in the RFQ/Tender enquiry, failing which the tender is

liable to be rejected. Earnest Money Deposit shall be submitted in the form of crossed Demand Draft in favour of “Bharat

Petroleum Corporation Ltd.” / Electronic Funds Transfer to BPCL Bank Account / Bank Guarantee executed by any

Scheduled Bank approved by Reserve Bank of India (as per Proforma provided in Annexure) / Insurance Surety Bond (as

per Proforma provided in Annexure). Earnest Money Deposit (EMD) shall be valid for a period of 6 (Six) months from the

due date of opening of Techno-commercial Bids and shall be submitted from any Indian Scheduled Commercial Bank /

Indian Branch of Foreign Bank. EMD submitted by foreign vendors shall be in USD / EURO only.

In case of limited tender, Earnest Money deposit (EMD) is not applicable for registered contractors of BPCL.

NOTE : Exemption of Bidding Document fee and EMD will be applicable for Micro and Small Enterprises (MSEs) registered

with District Industries Centres (DIC) or Khadi and Village Industries Commission or Khadi and Village Industries Board

or Coir Board or National Small Industries Corporation (NSIC) or Directorate of Handicraft and Handloom or MSEs having

Udyog Aadhaar Memorandum or any other body specified by Ministry of Micro, Small and Medium Enterprises. Such

bidder shall submit Self attested copy of the certificate, valid upto validity of the offer, indicating that their registration

includes the items/works under tender. The registration certificate should remain valid during the period of the contract

that may be entered into such successful bidder. Such tenderers should ensure validity of the Registration Certificate for

NOTE: No interest shall be paid by the Owner on the earnest money deposit by the tenderer. The earnest money of the

unsuccessful tenderer will be refunded after the completion of BQC evaluation / Technical Evaluation / Priced Bid

Evaluation as applicable.

(b) CONVERSION OF EMD TO SECURITY DEPOSIT:

The earnest money deposit (EMD) of the contractor whose tender may be accepted, if paid in forms other than Bank

Guarantee / Insurance Surety Bond, can be converted to security deposit for due performance of the contract if the

contractor so desires. The “performance security deposit/retention money” vide clause 18 shall also be applicable limiting

to a maximum of 10% of the contract value.

7 (a) BID VALIDITY:

Tender submitted by tenderers shall remain valid for acceptance for a period of four months from the date of opening

of the tender (Technical Bid in the case of two bid). The tenderer shall not be entitled during the said period of four

months, without the consent in writing of the Owner, to revoke, or cancel his tender or vary the tender given or any

term thereof. In case of tenderer revoking or canceling his tender, varying any terms in regard thereof without the

consent of Owner in writing, appropriate penal action will be taken by BPCL as deemed fit including putting the

tenderer/contractor on ‘Holiday listing’/’Delisting’ barring the tenderer/contractor from participating in future tenders

for an appropriate period from the date of revocation/cancellation/varying the terms. Further in the case of contractors

who are not registered with BPCL, the earnest money deposited by him will be forfeited. Once the quotation is

accepted the rates quoted shall be firm till the entire work is completed.

(b) LANGUAGE OF BID:

The Bid, all correspondence and documents relating to the bid, between Bidder and BPCL, shall be written in English

language only. Any supporting document furnished by Bidder may be written in other language provided that this

literature is accompanied by an authenticated English translation in which case, for purpose of interpretation of the Bid,

the English translation shall govern.

8 ADDENDA / CORRIGENDA:

Addenda/ Corrigenda to the tender documents may be issued prior to the date of opening of the tenders to clarify

documents or to effect modification in the design or tender terms. All addenda/corrigenda issued shall become part

of tender Document.

9 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER:

9.1 The right to accept the tender will rest with the Owner. The Owner, however, does not bind itself to accept the lowest

tender, and reserves to itself the authority to reject any or all the tenders received without assigning any reason

9.2 The whole work may be split up between two or more contractors or accepted in part and not entirely if considered

9.3 Tenders in which any of the particulars and prescribed informations are missing or are incomplete in any respect

and/or the prescribed conditions are not fulfilled are liable to be rejected.

9.4 Canvassing in connection with tenders is strictly prohibited and tenders submitted by the tenderer who resort to

canvassing will be liable to rejection.

9.5 Tender containing uncalled remarks or any additional conditions are liable to be rejected.

10 (a) INTEGRITY PACT (IP):

Vendors are requested to sign & return our pre-signed IP document, if applicable. This document is essential &

binding. Vendor's failure to return the IP document duly signed along with Bid Document may result in the bid not

being considered for further evaluation.

(b) HOLIDAY LISTING:

The vendors / contractors are expected to adopt the ethics of highest standards and a very high degree of integrity,

safety and quality consciousness, commitment and sincerity towards the work undertaken and dealing with BPCL in

such matters. Also, while participating in the tender and performing the contracts, Contractors are required to meet

certain performance criteria and adherence to the terms and conditions of the tender / contract. BPCL shall have the

right to remove from the list of approved suppliers / contractors or to ban business dealings, if any agency has been

found to have committed misconduct or fraud or poor performance or anything unethical not expected

from a reputed agency. The guidelines and procedures for Holiday Listing as adopted by BPCL and available separately

in BPCL website shall be applicable in the context of all tenders floated and consequently, all Orders / Contracts /

Purchase Orders placed, by BPCL. It can be accessed using the following link:

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

(c) FOREIGN BIDDERS:

It is mandatory for the foreign bidder to furnish the documents for the compliance to requirement of PAN No. , Tax

Residency Certificate and Form No.10F (applicable for foreign bidder in case of services in India is required as per scope

of bidding document) as per Income Tax Act in case his receipts are subject to tax deduction at source in India:

PAN as per the Indian Income Tax requirements shall be submitted, failing which the Supplier/Contractor/Consultant

shall be responsible for any additional tax deduction at source as per the provisions of the Indian Income Tax Act/Rules

and the same shall be deducted from the payment made to supplier/contractor/consultant.

(ii) Tax Residency Certificate (TRC)

TRC containing prescribed particulars as per the Annexure from the Government of foreign country in order to claim

the benefits of DTAA as per the Indian Income Tax requirements shall be submitted, failing which the relief under DTAA

will not be available and consequently the actual rate of withholding tax will be applicable and deducted from the

payment made to supplier/contractor/consultant (i.e., non-resident taxpayer). The TRC shall be duly verified by the

Government of the country of which the assessee claims to be a resident for the purposes of tax.

In additional to TRC, in order to claim the benefits of DTAA, bidder shall also submit additional information in form no.

10F as per Annexure. Form 10F has to be signed & verified by the assessee himself.

The above shall be furnished before release of any payment or within one month of the release of Order, whichever is

earlier. In case of failure to submit the above information, any additional tax liability on Owner, will be deducted from

the payment due to the contractor.

11 COLLECTION OF DATA TENDERER’S RESPONSIBILITY & TIME SCHEDULE:

The tenderer shall visit the site and acquaint himself fully of the site and no claims whatsoever will be entertained on

the plea of ignorance or difficulties involved in execution of work or carriage of materials.

The time period allowed for carrying out the job shall be as shown in tender document. Request for revision for time

schedule after tenders are opened will not be received for consideration.

12 RETIRED GOVERNMENTS OR COMPANYOFFICER:

No Engineer of Gazetted rank or other Gazetted Officer, employed in Engineering or Administrative duties in an

Engineering Department of the States/Central Government or of the Owner is allowed to work as a Contractor for a

period of two years after his retirement from Government service or from the employment of the Owner without the

previous permission of the Owner. The contract, if awarded, is liable to be cancelled if either the contractor or any of

his employees is found at any time to be such a person, who had not obtained the permission of the State/ Central

Government, or of the Owner as aforesaid before submission of tender, or engagement in the Contractor’s service as

the case may be.

13 SIGNING OF THE CONTRACT:

The successful tenderer shall be required to execute an agreement in the proforma attached with tender enquiry

within a period of one month of the receipt by him of the notification of acceptance of tender. The payment will not

be processed till the time the agreement is executed.

14 (a) FIELD MANAGEMENT:

The field management will be the responsibility of the Engineer-in-Charge, who will be nominated by the Owner. The

Engineer-in-Charge may also authorize his representatives to perform his duties and functions.

Coordination of Work - The Engineer-in-Charge shall coordinate the work of various agencies engaged at site to

ensure minimum disruption of work carried out by different agencies. It shall be the responsibility of the contractor

to plan and execute strictly in accordance with the site instructions to avoid hindrance to the works being executed

by other agencies.

14 (b) CONSULTANCY CONTRACTS:

This General Conditions of Contract (GCC) will be binding for Consultancy jobs only to the extent of its applicability

to the context of consultancy jobs.

INTERPRETATION OF CONTRACT DOCUMENTS

15 INTERPRETATION OF CONTRACT DOCUMENT:

15.1 Except if and to the extent otherwise provided by the Contract, the provisions of the General Conditions of Contract

and special conditions shall prevail over those of any other documents forming part of the contract. Several documents

forming the contract are to be taken as mutually explanatory. Should there be any discrepancy, inconsistency, error

or omission in the contract or any of the matter may be referred to Engineer-in-Charge, who shall give his decisions

and issue to the Contractor instructions directing in what manner the work is to be carried out. The decision of the

Engineer-in-Charge shall be final and conclusive and the contractor shall carry out work in accordance with this

15.2 Works shown upon the drawing but not mentioned in the specifications or described in the specification without being

shown on the drawings shall nevertheless be held to be included in the same manner as if they had been specifically

shown upon the drawings and described in the specifications.

15.3 Headings and marginal notes to the clauses of these General Conditions of Contract or to specifications or to any

other tender document are solely for the purpose of giving a concise indication and not a summary of the content

thereof, and they shall never be deemed to be part thereof or be used in the interpretation or construction thereof

of the Contract.

16.4 Singular and Plural:

In these contract documents unless otherwise stated specifically, the singular shall include the plural and vice-versa

wherever the context so requires. Words indicating persons shall include relevant incorporated companies/ registered

as associations/ body of individual/ firm or partnership.

16 SPECIAL CONDITIONS OF CONTRACT:

16.1 Special Conditions of contract shall be read in conjunction with the General Conditions of Contracts, specification of

work, Drawings and any other documents forming part of this contract wherever the context so requires.

16.2 Notwithstanding the sub-division of the documents into these separate sections and volumes every part of each shall

be deemed to be supplementary to and complementary of every other part and shall be read with and into the

contract so far as it may be practicable to do so.

16.3 Where any portion of the General Conditions of Contract is repugnant to or at variance with any provisions of the

Special Conditions of Contract then, unless a different intention appears the provisions of the Special Conditions of

Contract shall be deemed to over-ride the provision of the General Conditions of Contract and shall to the extent of

such repugnance or variations, prevail.

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

facilities, it is understood that the contractor shall do so at his own cost.

16.5 The materials, designs and workmanship shall satisfy the relevant Indian Standards, the Job specifications contained

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

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

17 CONTRACTOR TO OBTAIN HIS OWN INFORMATION:

The contractor in fixing rate shall for all purposes whatsoever be deemed to have him self independently obtained all

necessary information for the purpose of preparing his tender. The contractor shall be deemed to have examined the

Contract Documents, to have generally obtained his own information in all matters whatsoever that might affect the

carrying out the works at the scheduled rates and to have satisfied himself to the sufficiency to his tender. Any error

description of quantity or omission there from shall not vitiate the contract or release the Contractor from executing

the work comprised in the contract according to drawing and specifications at the scheduled rates. He is deemed to

have known the scope, nature and magnitude of the works and the requirements of materials and labour involved etc.

and as to what all works he has to complete in accordance with the contract documents whatever be the defects,

omissions or errors that may be found in the Contract Documents. The Contractor shall be deemed to have visited

surrounding to have satisfied himself to the nature of all existing structures, if any, and also as to the nature and the

conditions of the Railways, roads, bridges and culverts means of transport and communications, whether by land,

water or air, and as to possible interruptions thereto and the access to and regress from the site, to have made

enquiries, examined and satisfied himself as to the sites for obtaining sand, stones, bricks and other materials, the

sites for disposal of surplus materials the available accommodation as to whatever required, depots and such other

building as may be necessary for executing and completing the works, to have made local independent enquiries as to

the sub-soil water and variations thereof, storms, prevailing winds, climate conditions and all other similar matters

affecting these works. He is deemed to have acquainted himself as to his liability for payment of Government taxes,

customs duty and other charges.

Any neglect or failure on the part of the Contractor in obtaining necessary and reliable information upon the foregoing

or any other matters affecting the contract shall not relieve him from any risk or liabilities or the entire responsibility

from completion of the works at the scheduled rates and time in strict accordance with the contract documents.

No verbal agreement or inference from conversation with any officer or employee of the owner either before or after

the execution of the contract agreement shall in any way affect or modify any of the terms or obligations herein

18 PERFORMANCE SECURITY DEPOSIT/RETENTION MONEY:

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

will have to provide security deposit of 10% of the basic value of contract unless otherwise specified in the Special

Conditions of Contract. Amount received/retained towards this clause will be considered as security deposit.

This Security deposit may be furnished in the form of an Account payee Demand Draft payable to BPCL or Bank

Guarantee / Insurance Surety Bond in the prescribed format. The contractor shall have the option to adjust any Earnest

Money Deposit- (EMD) if paid by demand draft towards security deposit if he so desires or otherwise if submitted by

way of bank guarantee / Insurance Surety Bond the validity of the same to be extended suitably as advised by BPCL.

In the case of security deposit submitted in the form of Bank guarantee / Insurance Surety Bond, the Bank Guarantee

/ Insurance Surety Bond shall be valid and remain in force till the contractual completion period (expiry of the defect

liability period- refer clause-74, if applicable) and with a claim period of six months thereafter. The Bank Guarantee /

Insurance Surety Bond shall be in the form prescribed.

In case the successful contractor is not furnishing the performance security deposit as referred above on award of

the job, the same shall be deducted from each running account bills at the rate of 10% of bill value till overall security

deposit of 10% as mentioned above is collected.

The security deposit will be retained till the successful completion of the work and thereafter till the expiry of the

defect liability period (refer clause-74), if applicable. This retention money / Bank guarantee / Insurance Surety Bond

held shall be released after the expiry of the defect liability period provided that any defects appearing during that

period are corrected by the contractor and subject to Clause 18.2 below.

In the case of value/rate/quantity contracts, the security deposit shall be based on individual release orders issued. In

case of LSTK (Lump Sum Turnkey Contracts) / EPC: PBG / Insurance Surety Bond @ 10% within 15 days of notification

of award. In case of Annual Rate Contracts (ARCs): Submission of PBG / Insurance Surety Bond @ 10% of Total Contract

Value (TCV) or submission of initial security deposit @ 2.5% of TCV within 15 days of notification of award. In cases

where only 2.5% of TCV has been submitted, 7.5% of individual release order shall be subsequently deducted from RA

Vendors/contractors shall be asked to submit the SD within 15 days from the date of notification of award and in the

event of delay in submission of SD, the contract can be terminated. However, if termination of contract is not in the

interest of the work/ BPCL, an additional time up to 30 days can be allowed for submission of SD depending on merits

of each case, beyond which the contract may be terminated with subsequent actions following termination as per

tender/procedure.

18.2 If the contractor/ sub-contractor or their employees shall break, deface or destroy any property belonging to the

Owner or other agency during the execution of the contract, the same shall be made good by the Contractor at his

own expenses and in default thereof, the Engineer-in-Charge may cause the same to be made good by other agencies

and recover expenses from the contractor (for which the certificate of the Engineer-in-Charge shall be final). These

expenses can be recovered from the security deposit/retention money if recovery from other sources is not possible.

18.3 All compensation or other sums of money payable by the contractor to the Owner under terms of this contract may

be deducted from his security deposit/retention money or from any sums which may be or may become due to the

contractor by the Owner on any account whatsoever and in the event of his security deposit/retention money being

reduced by reasons of any such deductions. The contractor shall within ten days thereafter make good any sum or

sums, which may have been deducted from his security Deposit/retention money. No interest shall be payable by the

Owner from sum deposited as security deposit/retention money.

18.4 The security deposit shall be held by the Owner, as security for the due performance of the Contractor’s obligations

under the contract, provided that nothing herein stated shall make it incumbent upon the Owner to utilize the security

deposit/retention money in preference to any other remedy which the Owner may have, nor shall be construed as

confining the claims of the Owner against the contractor to the quantum of the Security Deposit/retention money.

18.5 The Bank guarantee if submitted shall be from any Indian scheduled bank or an international bank of repute having

a branch in India or a corresponding banking relationship with an Indian scheduled bank. The security

deposit/retention money shall be in Indian Rupee in the case of domestic bidders and in US Dollars/EUROS in the

case of foreign bidders. In case of Insurance Surety Bond, the same shall be from the Insurance company as approved

by Insurance Regulatory and Development Authority of India (IRDAI).

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

Vendors shall insist their Bank for issuance of SFMS Bank Guarantee for faster payments. Vendors shall provide BPCL's

Bank Account No. & IFSC Code (Details given below) to their Bank as beneficiary at the time of application for Bank

Guarantee in favor of BPCL. Issuing Bank shall issue the Bank Guarantee & send SFMS message to BPCL's Bank confirming

the authenticity of Bank Guarantee who in turn shall send the confirmation to BPCL.

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

a. The issuing bank is on SFMS platform

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

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

d. SFMS contains following details:

i. Beneficiary's bank name: ICICI Bank

ii. IFSC Code: ICIC0000393

iii BPCL'S Customer 1D: 8PCL583493800

e. BG Issuing Bank should send the BG Issuance advice through SFMS to BPCL's designated Banker: ICICI Bank, Backbay

Branch, Mumbai (IFSC: 1CIC0000393).

f. BG Issuance advice should mention applicable Unique Identifier Code (U1C) in row/ field number 7037 of SFMS Delivery

a. BPCL Location : Kharghar , Navi Mumbai

b. Head office : Ballard Estate

c. UIC : BPCL583493800

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

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

19 TIME OF PERFORMANCE:

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

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

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

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

opened will not receive consideration.

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

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

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

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

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

20 FORCE MAJEURE

Circumstances leading to force majeure

(a) Act of terrorism;

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

insurrection of military or usurped power;

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

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

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

conditions regardless of severity; and

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

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

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

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

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

• Notification of Force Majeure

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

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

event of Force Majeure preventing the Affected Party from, or delaying the Affected Party in performing its obligations

under the Contract.

• Right of either party to terminate

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

continuous period of 365 (three hundred sixty five) days after notice has been given under this clause, either Party may

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

• Payment in case of termination due to Force Majeure

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

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

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

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

Majeure. Time extension for such cases will be worked out appropriately.

21 EXTENSION OF TIME:

If the contractor shall desire an extension of the time for completion of the work on the grounds of his having been

unavoidably hindered in its execution or on any other grounds, he shall apply in writing to the Engineer-in-Charge

within two weeks of the date of hindrance on account of which he desires such extension as aforesaid, and the

Engineer-in-Charge shall if in his opinion (which shall be final), reasonable grounds have been shown thereof,

authorize such extension of time as may in his opinion be necessary or proper.

In the event of extension of Time of the contract, if granted, the contractor shall be required to suitably extend the

period of Bank Guarantee / Insurance Surety Bond if submitted, towards security Deposit/retention money suitably.

22. LIQUIDATED DAMAGES FOR DELAY:

22.1 Time is the essence of the contract. In case the contractor fails to complete the whole work within the stipulated

period, he shall be liable to pay liquidated damages of 0.5% of the basic value of contract per week and or part

thereof of the delay subject to a maximum of 5% of the value of the contract. The parties agree that this is a genuine

pre- estimate of the loss/damage which will be suffered by the owner on account of delay on the part of the contractor

and the said amount will be payable on demand without there being any proof of the actual loss or damages having

been caused by such delay/breach. The owner shall be at liberty to adjust or deduct the said amount of liquidated

damages from any amount due to the contractor including Security Deposit. In case where the concluded contract

value is different from the original contract value due to the change orders/variation in executed quantities/extension

of time, etc., the concluded contract value should be considered for recovery of Liquidated Damages for late

delivery/delayed completion.

22.2 The owner shall be at liberty to deduct or retain from any amount payable to the contractor periodically, the

proportionate or full amount of liquidated damages as the case may be for the delay periodically caused by the

23 SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS REASONABLE COMPENSATION

WITHOUT REFERENCETO ACTUAL LOSS:

All sums payable by way of compensation under any of the conditions shall be considered as reasonable compensation

without reference to the actual loss or damage, which shall have been sustained by the Owner.

24 TERMINATION/OFFLOADING:

24.1 The contractor fully understands that timely completion of the work as per the schedule is of paramount necessity as

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

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

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

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

the work for any reason whatsoever, the Company/owner shall have the liberty and right to entrust/engage/award

the work so terminated/off loaded at the risk and cost of the contractor to any other agency/contractor by adopting

any mode of inviting tenders, i.e. open/limited/single party/negotiation basis etc. in order to ensure completion of

the work as per the schedule or at the quickest possible time.

25. FORFEITURE OF SECURITYDEPOSIT:

Whenever any claim against the Contractor for the payment of a sum of money arises out of or under the contract,

the Owner shall be entitled to recover such sum by appropriating in part or whole, security deposit of the contractor,

forming whole or part of such security being insufficient or if no security has been taken from the Contractor then

the balance or the total sum recoverable, as the case may be, shall be deducted from any sum then due or which at

any time thereafter may become due to the Contractor. The contractor shall pay to the owner on demand any balance

26 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED:

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

security deposit (whether paid in one sum or deducted by installment) or have committed a breach of any of the

terms contained in this contract, the owner shall have power to adopt any of the following courses as he may deem

best suited to his interest:

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

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

be absolutely at the disposal of the Owner.

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

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

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

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

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

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

final and conclusive against the contractor.

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

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

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

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

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

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

proceeds of sale thereof, of a sufficient part thereof.

In the event of any of the above course being adopted by the Owner, the contractor shall have no claim to

compensation for any loss sustained by him by reason of his having purchased or procured any materials

or entered into any agreements or made any advances on account of or with a view to the execution of

the work of the performance of the contract. In case the Contractor shall not be entitled to recover or be

paid any sum for any work actually performed under this contract unless the Engineer-in- Charge will certify

in writing the performance of such work and the value payable in respect thereof and he shall only be

entitled to be paid the value so certified.

27 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT TAKEN UNDER CLAUSE

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

and the same had not been exercised, the non exercise thereof shall not constitute a waiver of any of the conditions

hereof and such powers shall notwithstanding be exercised in the event of any further case of default by the contractor

for which any clause of hereof he is declared liable to pay compensation amounting to the whole of his security

deposit and the liability of the contractor for past and future compensation shall remain unaffected. In the event of

the Owner putting in force the power under sub-clause (a), (b) or (c) vested in him under the proceeding clause he

may, if he so desires takes possession of all or any tools and plants materials and stores in or upon the works or the

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

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

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

otherwise the Engineer-in-Charge may give notice in writing to the contractor or his clerk of the works, supervisor or

other authorized agent, requiring him to remove such tools, plant, materials or stores from the premises (within a

time to be specified in such notice) and in the event of the contractor failing to comply with any such requisition, the

Engineer-in-Charge may remove them at the contractors expense or sell them by auction or private sale on account

of the contractor and at his risk in, all respects without any further notice as to the date, time or place of sale and

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

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

28 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK:

If at any time from the commencement of the work the owner shall for any reasons whatsoever, not require the

whole or part thereof as specified in the tender to be carried out, the Engineer-in-Charge shall give notice in writing

of the fact to the contractor, who shall have no claim to any payment or compensation whatsoever on account of any

profit or advantage which he might have derived from the execution of the work in full, but which he did not derive

in consequence of the full amount of the work not having been carried out, neither shall he have any claim for

compensation by reason of any alterations having been made in the original specifications, drawings, designs and

instructions which shall involve any curtailment of the work as originally contemplated.

29 CHANGES IN CONSTITUTION:

Where the contractor is a partnership firm, the prior approval, in writing, of the Owner shall be obtained before any

change is made in the constitution of the firm, where the contractor is an individual or a Hindu undivided family

business concern, such approval as aforesaid shall likewise be obtained before sub-contractor enters into any

agreement with other parties, where under the reconstituted firm would have the right to carryout the work hereby

undertaken by the contractor. In either case if prior approval as aforesaid is not obtained, the contract shall be

deemed to have been allotted in contravention of clauses 35 hereof and the same action may be taken and, the same

consequence shall ensure as provided in the said clause.

30 IF THE CONTRACTOR DIES

Without prejudice to any of the rights or remedies under his contract, if the contractor dies, the Owner shall have

the option of terminating the contract without compensation to the contractor.

31 EMPLOYEES OF THE OWNER NOT INDIVIDUALLY LIABLE:

No director or official or employee of the Owner shall in any way be personally bound or liable for the acts or

obligations of the Owner under the contract or answerable for any default or omission in the observance or

performance of any of the acts, matters or things which are herein contained.

32 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS:

The contractor shall not be entitled to any increase on the item rates of the contract or any other right or claim

whatsoever by reason of representation, explanation or statement or alleged representation, promise or guarantees

given or alleged to have been given to him by any person.

33 CONTRACTOR’S OFFICE AT SITE:

The contractor shall provide and maintain an office at the site, if space provided by the owner, for the accommodation

of his agent and staff and such office shall be open at all reasonable hours to receive instruction, notices, or other

communications.

34 CONTRACTOR’S SUBORDINATE STAFF AND THEIR CONDUCTS:

34.1 The contractor, on or after award of the work shall name and depute a qualified personnel having sufficient

experience in carrying out work of similar nature to whom the equipments materials, if any, shall be issued

and instructions for works given. The contractor shall also provide to the satisfaction of the Engineer-in-

Charge sufficient and qualified staff to supervise the execution of the-works, competent sub-agents,

supervisor and leading hands including those specially qualified by previous experience to supervise the

type of works comprised in the contract in such manner as will ensure work of the best quality, expeditious

working. Whenever in the opinion of the Engineer-in-Charge, additional properly qualified supervision staff

is considered necessary, they shall be employed by the contractor without additional charges on account

thereof. The Contractor shall ensure to the satisfaction of the Engineer-in- Charge that sub-contractors, if

any shall provide competent and efficient supervision over the work entrusted to them.

34.2 If and whenever any of the Contractor’s or sub-contractor’s agents, sub-agents, assistants supervisor or

other employees shall in the opinion of Engineer-in-Charge be guilty of any misconduct or be incompetent

or insufficiently qualified or negligent in the performance of their duties or that in the opinion of the owner

or Engineer-in-Charge, it is undesirable for administrative or any other reason for such person or persons

to be employed in the works, the contractor, if so directed by the Engineer-in- Charge, shall at once remove

such person or persons from employment thereon. Any person or persons so removed from the works shall

not again be employed in connection with the works without the written permission of the Engineer-in-

Charge. Any person so removed from the works shall be immediately replaced at the expense of the

contractor by a qualified and competent substitute. Should the contractor be requested to repatriate any

person removed from the works he shall do so and shall bear all costs in connection herewith.

34.3 The contractor shall be responsible for the proper behaviour of all the staff, supervisor, workmen and others

and shall exercise a proper degree of control over them and in particular, and without prejudice to the said

generality, the contractor shall be bound to prohibit and prevent any employees from trespassing or acting

in any way detrimental or prejudicial to the interest of the community or of the properties or occupiers of

land and properties in the neighborhood and in the event of such employee so trespassing, the contractor

shall be responsible therefore and relieve the Owner of all consequent claims or actions for damages or

injury or any other grounds whatsoever. The decision of the Engineer-in-Charge upon any matter arising

under this clause shall be final. Contractor shall ensure that none of their employees are ever engaged in

any anti-national activities.

34.4 All contractor’s personnel entering upon the Owner’s premises shall be properly identified by badges issued

by owner which must be worn all times on Owner’s premises.

35 SUB-LETTING OF WORK:

Sub letting of contracts shall not be generally permitted. However owner may permit sub letting of work on specific

cases subject to the following:-

i) No part of the contract nor any share of interest there shall in any manner or degree be transferred assigned

sublet by the contractor directly or indirectly to any firm or corporation whosoever except as provided for in the

succeeding sub-clause, without the consent in writing of the Owner.

ii) Sub Contractors for Temporary Works Etc.:- The Owner may give written consent to sub-contract for execution

of any part of the works at the site, being entered into by the contractor provided each individual sub-contract

is submitted to the Engineer-in-Charge before being entered into and is approved by him.

iii) List of Sub-Contractors to be supplied: - At the commencement of every month the contractor shall furnish to

the Engineer-in-Charge list of all sub-contractors or firms engaged by the contractor and working at the site

during the previous month with particulars of the general nature of the sub-contract or works.

iv) Contractor’s Liability Not Limited By Sub-Contractors:- Notwithstanding any sub-letting with such approval as

aforesaid and notwithstanding that the Engineer-in-Charge shall have received copies of any sub-contracts, the

contractor shall be and shall remain solely responsible for the quality and proper and expeditious execution of

the works and the performance of all the conditions of the contract in all respects as if such sub-letting or sub-

contracting had not taken place and as if such work had been done directly by the Contractor.

v) Owner may Terminate Sub-Contracts:- If any sub-contractor engaged upon the works at the site executes any

work which in the opinion of the Engineer-in-Charge is not in accordance with the Contract documents, the

owner may by written notice to the contractor request him to terminate such sub-contract and the contractor

upon the receipt of such notice shall terminate such sub contract and the latter shall forthwith leave the works,

failing which the owner shall have right to remove such sub-contractors from the Site.

vi) No Remedy For Action Taken Under This Clause:- No action taken by the owner under the clause shall relieve

the contractor of any of his liabilities under the contract or give rise to any right to compensation, extension of

time or otherwise failing which, the owner shall have right to remove such sub-contractors from the Site.

36 POWER OF ENTRY:

If the contractor shall not commence the work in the manner previously described in the contract document or if he

shall, at any time in the opinion of the Engineer-in-Charge.

i. Fail to carryout the works in conformity with the contract documents, or

ii. Fail to carryout the works in accordance with the time schedule, or

iii. Substantially suspend work or the works for a period of Fourteen days without authority from the

Engineer-in-Charge, or

iv. Fail to carryout and execute the works to the satisfactions of the Engineer-in-Charge, or

v. Fail to supply sufficient or suitable constructional equipments, temporary works, labour materials or things,

vi. Commit or suffer or permit any other breach of any of the provisions of the contract on his part to be

performed or observed or persist in any of the above mentioned breaches of the contract for the fourteen

days, after notice in writing shall have been given to the Contractor by the Engineer-in-Charge requiring

such breach to be remedied, or

vii. Abandon the works, or

viii. During the continuance of the contract, become bankrupt, make any arrangement or composition with his

creditors, or permit any execution to be levied or go into liquidation whether compulsory or voluntary not

being merely a voluntary liquidation for the purpose of amalgamation or reconstruction.

Then in any such case, the Owner shall have the power to enter upon the works and take possession thereof and of

the materials, temporary works, constructional equipment, and stock thereon, and to revoke the contractor’s license

to use the same, and to complete the works, by his agents, other contractor or workmen, or to re-let the same upon

any terms and to such other person firm or corporation as the Owner in his absolute discretion may think proper to

employ and for the purpose aforesaid to use or authorize the use of any materials, temporary works constructional

equipment, and stock as aforesaid without making payment or allowances to the contractor for the said materials

other than such as may be certified in writing by the Engineer-in-Charge to be reasonable, and without making any

payment or allowance to the contractor for the use of the temporary said works, constructional equipments and stock

or being liable for any loss of damage thereto, and if the Owner shall by reason of his taking possession of the works

or of the works being completed by other contractors (due account being taken of any such extra work or works

which may be omitted) then the amount of such excess as certified by the Engineer-in- Charge shall be deducted

from any money which may be due for work done by the contractor under the contract and not paid for. Any deficiency

shall forthwith be made good and paid to the Owner by the contractor and the Owner shall have power to sell in such

manner and for such price as he may think fit all or any of the constructional equipment, materials etc. belonging to

and to recoup and retain the said deficiency or any part thereof out of the proceeds of the sale.

37 CONTRACTORS RESPONSIBILITY WITH OTHER AGENCIES:

Without repugnance to any other condition, it shall be the responsibility of the contractor executing the work of civil

construction, to work in close co-operation and co-ordinate the works with other contractors or their authorized

representatives and the contractor will put up a joint scheme, showing the arrangements, with other contractors /

agencies for carrying his portion of work to the Engineer-in-Charge, and get the approval. The contractor before

finally submitting the schemes to the Engineer-in-Charge shall have the written agreement of the other agencies. The

Engineer-in-Charge before communicating his approval of the scheme, with any required modifications shall get the

final agreement of all the agencies, which shall be binding. No claim shall be entertained on account of the above.

The contractor shall conform in all respects with the provisions of any statutory regulations, ordinances or by laws of

any local or duly constituted authorities or public bodies which may be applicable from time to time to the works or

any temporary works. The contractor shall keep the Owner Indemnified against all penalties and liabilities of every

kind arising out of non-adherence to such statutes ordinances, laws, rules, regulations, etc.

38 OTHER AGENTS AT SITE:

The contractor shall have to execute the work in such place and condition where other agencies might also be

engaged for other works such as site grading, filling and leveling, electrical and mechanical engineering works etc.

No claim shall be entertained to works being executed in the above circumstances.

Any notice hereunder may be served on the contractor or his duly authorized representative at the job site or may

be served by registered mail direct to the address furnished by the Contractor. Proof of issue of any such notice could

be conclusive of the contractor having been duly informed of all contents therein.

40 RIGHTS OF VARIOUS INTERESTS:

i) The Owner reserves the right to distribute the work between more than one contractor. The contractor shall co-

operate and afford other contractors reasonable opportunity for access to the works for the carriage and storage of

materials and execution of their works.

ii) Whenever the work being done by any department of the Owner or by other contractors employed by the Owner

is contingent upon work covered by the contract, the respective rights of the various interests involved shall be

determined by the Engineer-in-Charge to secure the completion of the various portions of the work in general

41 RIGHT OF OWNER TO DETERMINE / TERMINATE CONTRACT

i) Owner shall, at any time be entitled to determine and terminate the contract, if in the opinion of the Owner the

cessation of the work becomes necessary owing to paucity of funds or for any other cause whatsoever, in which case,

the cost of approved materials at the site at current market rates as verified and approved by Engineer-in- Charge

and of the value of the work done to date by the contractor shall be paid for in full at the rates specified in the

contract. A notice in writing from the Owner to the contractor of such determination and termination and the reason

thereof, shall be the conclusive proof of the fact that the contract has been so determined and terminated by the

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

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

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

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

and conclusive and binding on the contractor.

42 TERMINATION FOR CONVENIENCE :

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

at any time by giving prior written notice of at least 14 days to the contractor. Such termination shall be without prejudice

to the rights of the parties that have accrued on or before the date of termination of the contract.

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

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

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

contractors’ and subcontractors’ employees

the aggregate of all previous payments allocated to the works.

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

to be paid to the contractor under the contract.

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

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

43 PATENTS AND ROYALTIES:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

contributory infringement of patent rights arising out and based upon the claim that the use by the Owner of the

process included in the design prepared by the Owner and used in the operation of the plant infringes on any patent

right with respect to any sub-contract entered into by contractor pursuant to the provisions of sub-contractor

an undertaking to provide the Owner with the same patent protection that contractor is required to provide under

the provisions of this clause.

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

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

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

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

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

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

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

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

the written approval by Engineer-in-Charge.

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

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

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

such lien or claim be valid the Owner may pay and discharge the same and deduct the amount so paid from any

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

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

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

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

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

Contractor will not give any items concerning details of the work to the press or a news disseminating agency without

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

of Engineer-in-Charge

45 OPERATION OF CONTRACT:

45.1 Law Governing:

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

modifications, alterations, or supplements, thereto shall be governed by the laws of India and respective state laws

for the nature, validity and interpretation thereof.

45.2 Non-Waiver of Default:

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

performance of any of the terms or conditions of this agreement, or to exercise a right hereunder, shall not constitute

a waiver of such terms, conditions or rights, and shall not affect or impair same, or the right of the Owner or the

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

PERFORMANCE OF WORK

46 EXECUTION OF WORKS:

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

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

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

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

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

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

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

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

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

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

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

47 COORDINATION AND INSPECTION OFWORK:

The coordination and inspection of the day-to-day work under the contract shall be the responsibility of the Engineer-

in-Charge. The written instructions regarding any particular job will be normally be passed by the Engineer-in-Charge

or his authorized representative. A work order book / logbook will be maintained by the Contractor for each job in

which the aforesaid written instructions will be entered. These will be signed by the contractor or his authorized

representative by way of acknowledgment within 12 hours. The non maintaining of the order book or non signing by

the contractor shall not preclude the contractor from complying with the instructions.

48 WORK IN MONSOON ANDDEWATERING:

48.1 The completion of the work may entail working in the monsoon also. The contractor must maintain a minimum labour

force as may be required for the job and plan and execute the construction and erection according to the prescribed

schedule. No extra rate will be considered for such work in monsoon.

48.2 During monsoon and other period, it shall be the responsibility of the contractor to keep the construction work site

free from water at his own cost.

49 WORK ON SUNDAYS ANDHOLIDAYS:

For carrying out work on Sundays and Holidays if needed, the contractor will approach the Engineer-in-Charge or his

representative at least two days in advance and obtain permission in writing. No special compensation on this account

will be payable.

50 GENERAL CONDITIONS FOR CONSTRUCTION AND ERECTION WORK:

50.1 Place of Work:

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

conditions prevailing in such location and the restrictions placed on movement of personnel and equipment, types of

equipment and tools permitted, working methods allowed etc. in the light of security and safety regulations operative

The safety regulations to be complied with, by the contractor will also be provided along with the tender. No idle time

wages or compensation for temporary stoppage of work or restrictions would be paid, and the rate quoted for the

various items of work should cover the cost of all such contingencies and eventualities. Substantial structures and

utilities exist both above ground and underground, adjacent to the work site. (The construction activity gets restrained

by the existence of such structures and utilities). Special care is necessary in transportation, storage, working on

equipments and other construction activities to protect the existing features and prevent damage to any facility.

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

Charge. No extra payment of such protective works will be made unless specially provided in the tender.

50.2 The working time or the time of work is 48 hours per week normally. Overtime work is permitted in cases of need

and the Owner will not compensate the same. Shift working at 2 or 3 shifts per day may become necessary and the

contractor should take this aspect into consideration for formulating his rates for quotation. No extra claims will be

entertained by the Owner on this account.

50.3 The contractor must arrange for the placement of workers in such a way that the delayed completing of the work or

any part thereof for any reasons whatsoever will not affect their proper employment. The Owner will not entertain

any claim for idle time payment whatsoever.

50.4 The contractor shall submit to the Owner reports at regular intervals regarding the state and progress of work. The

details and proforma of the report will mutually be agreed after the award of contract.

51 DRAWINGS TO BE SUPPLIED BY THE OWNER:

51.1 Where drawings are attached with tender, these shall be for the general guidance of the contractor to enable him to

visualize the type of work contemplated and scope of work involved. The contractor will be deemed to have studied

the drawings and formed an idea about the work involved.

51.2 Detailed working drawings on the basis of which actual execution of the work is to proceed will be furnished from

time to time during the progress of the work. The contractor shall be deemed to have gone through the drawings

supplied to him thoroughly and carefully and in conjunction with all other connected drawings and bring to the notice

of the Engineer-in-Charge, discrepancies, if any, therein before actually carrying out the work.

51.3 Copies of all detailed working drawings relating to the works shall be kept at the contractor’s office of the site and

shall be made available to the Engineer-in-Charge at any time during the contract. The drawings and other documents

issued by the Owner shall be returned to the Owner on completion of the works. Reference is also invited to clause

43.2 and 43.3 above regarding drawings and other documents.

52 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR:

52.1 Where drawings/data are to be furnished by the contractor, they shall be as enumerated in the special conditions of

contract, and shall be furnished within the specified time.

52.2 Where approval of drawings before manufacture / construction / fabrication has been specified, it shall be contractor’s

responsibility to have these drawings prepared as per the directions of Engineer-in-Charge and got approved before

proceeding with manufacture construction / fabrication, as the case may be. Any changes that may have become

necessary in these drawings during the execution of the work shall have to be carried out by the contractor to the

satisfaction of Engineer-in-Charge at no extra cost. All final drawings shall bear the certification stamps duly signed

by both the contractor and the Engineer-in-Charge.

52.3 A period of 3 weeks from the date of receipt shall be required normally for approval of drawings by the Engineer-in-

53 SETTING OUT WORKS:

53.1 The Engineer-in-Charge shall furnish the contractor with only the four corners of the work site and a level bench mark

and the contractor shall set out the works and shall provide efficient staff for the purpose and shall be solely

responsible for the accuracy of such setting out.

53.2 The contractor shall provide, fix and be responsible for the maintenance of all stacks, templates, level marks, profiles

and other similar things and shall take all necessary precaution to prevent their removal or disturbance and shall be

responsible for the consequence of such removal or disturbance should the same take place and for their efficient

and timely reinstatement. The contractor shall also be responsible for the maintenance of all existing survey marks,

boundary marks, distance marks and centre line marks, either existing or supplied and fixed by the contractor. The,

work shall be set out to the satisfaction of the Engineer-in-Charge. The approval thereof or joining in setting out the

work shall not relieve the contractor of any of his responsibilities.

53.3 Before beginning the works, the contractor shall at his own cost, provide all necessary reference and level posts,

pegs, bamboos, flags, ranging rods, strings and other materials for proper layout of the work in accordance with the

scheme, for bearing marks acceptable to the Engineer-in-Charge. The centre, longitudinal or face lines and cross lines

shall be marked by means of small masonry pillars. Each pillar shall have distinct marks at the centre to enable

theodolite to be set over it. No work shall be started until all these points are checked and approved by the Engineer-

in-Charge in writing but such approval shall not relieve the contractor of any of his responsibilities. The contractor

shall also provide all labour, material and other facilities, as necessary, for the proper checking of layout and inspection

of the points during construction.

53.4 Pillars bearing geodetic marks located at the site of work under construction should be protected and fenced by the

53.5 On completion of works, the contractor must submit the geodetic documents according to which the work was carried

54 RESPONSIBILITY FOR LEVEL ANDALIGNMENT:

The contractor shall be entirely and exclusively responsible for the horizontal and vertical alignment, the levels and

correctness of every part of the work and shall rectify effectually any errors or imperfections therein. Such

rectifications shall be carried out by the contractor, at his own cost, when instructions are issued to that effect by the

Engineer-in-Charge.

55 MATERIALS TO BE SUPPLIED BY CONTRACTOR:

55.1 The contractor shall procure and provide the whole of the materials required for construction including tools, tackles,

construction plant and equipment for the completion and maintenance of the works except the materials which will

be issued by Owner and shall make his own arrangement for procuring such materials and for the transport thereof.

The materials procured by the contractor shall be BPCL approved/specified quality.

55.2 All materials procured should meet the specifications given in the tender document. The Engineer-in-Charge may, at

his discretion, ask for samples and test certificates for any batch of any material procured. Before procuring, the

contractor should get the approval of Engineer-in-Charge for any material to be used for the works.

55.3 Manufacturer’s certificate shall be submitted for all materials supplied by the contractor. If, however, in the opinion

of the Engineer-in-Charge any tests are required to be conducted on the materials supplied by the contractor, these

will be arranged by the contractor promptly at his own cost.

56 MATERIALS SUPPLIED BY OWNER:

56.1 If the specifications of the work provides for the use of any materials of special description to be supplied from the

Owner’s stores, price for such material to be charged therefore as herein after mentioned being so far as practicable

for the convenience of the contractor but not so as in any way to control the meaning or effect of the contract. The

contractor shall be bound to purchase and shall be supplied such materials as are from time to time required to be

used by him for the purpose of the contract only. The sums due from the contractor for the value of the actual

materials supplied by the Owner will be recovered from the running account bill on the basis of the actual consumption

of materials in the work covered and for which the running account bill has been prepared. After the completion of

the works, however, the contractor has to account for the full quantity of materials supplied to him as per relevant

clauses in this document.

56.2 The value of the materials as may be supplied to the contractor by the Owner will be debited to the contractor’s

account at the rates shown in the schedule of chargeable materials and if they are not entered in the schedule, they

will be debited at cost price, which for the purpose of the contract shall include the cost of carriage and all other

expenses whatsoever such as normal storage supervision charges which shall have been incurred in obtaining the

same at the Owner’s stores. All materials so supplied to the contractor shall remain the absolute property of the

Owner and shall not be removed on any account from the site of the work, and shall be at all times open for

inspection to the Engineer-in-Charge. Any such materials remaining unused at the time of completion or termination

of the contract shall be returned to the Owner’s stores or at a place as directed by the Engineer-in- Charge in

perfectly good condition, at contractor’s cost.

57 CONDITIONS FOR ISSUE OF MATERIALS:

i) Materials specified to be issued by the Owner will be supplied to the contractor by the Owner from his

stores/location. It shall be the responsibility of the contractor to take delivery of the materials and arrange for its

loading, transport and unloading at the site of work at his own cost. The materials shall be issued between the

working hours and as per the rules of the Owner framed from time to time.

ii) The contractor shall bear all incidental charges for the storage and safe custody of materials at site after these

have been issued to him.

iii) Materials specified to be issued by the Owner shall be issued in standard sizes as obtained from the manufacturer.

iv) The contractor shall construct suitable godown at the site of work for storing the materials safe against damage

by rain, dampness, fire, theft etc. He shall also employ necessary watch and ward establishment for the purpose.

v) It shall be duty of the contractor to inspect the material supplied to him at the time of taking delivery and satisfy

himself that they are in good condition. After the materials have been delivered by the Owner, it shall be the

responsibility of the contractor to keep them in good condition and if the materials are damaged or lost, at any

time, they shall be repaired and/ or replaced by him at his own cost, according to the directions of the Engineer-

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

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

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

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

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

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

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

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

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

will be bound to take such materials at the rates decided by the Engineer-in-Charge. This, however, does not in

any way absolve the contractor from responsibility of making arrangements for the supply of such materials in

part or in full, should such a situation occur, nor shall this, constitute a reason for the delay in the execution of

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

can be obtained from standard manufacturer in finished form.

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

custody and accounting of all materials issued by the Owner.

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

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

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

procurement and supply of the material.

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

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

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

inspection in the contractor’s office at site.

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

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

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

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

58 MATERIALS PROCURED WITH ASSISTANCE OF OWNER:

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

the execution of the contract are procured with the assistance of Owner either by issue from Owner’s stock or

purchase made under orders or permits or licences issued by Government, the contractor shall hold the said materials

as trustee for the Owner and use such materials economically and solely for the purpose of the contract and not

dispose them off without the permission of the owner and return, if required by the Engineer-in-Charge, all surplus

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

reason, whatsoever on his being paid or credited such prices as the Engineer in-Charge shall determine having due

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

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

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

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

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

rate to be determined by the Engineer-in-Charge and his decision shall be final and conclusive.

59 MATERIALS OBTAINED FROM DISMANTLING:

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

those stipulated in clauses 66 & 70 hereunder, the materials obtained in the work of dismantling etc. will be considered

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

60 ARTICLES OF VALUE FOUND:

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

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

shall duly preserve the same to the satisfaction of the Engineer-in-Charge and shall from time to time deliver the

same to such person or person indicated by the Owner.

61 DISCREPANCIES BETWEEN INSTRUCTIONS:

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

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

contractor’s staff and the Engineer-in-Charge’s staff, the contractor shall refer the matter immediately in writing to

the Engineer-in-Charge whose decision thereon shall be final and conclusive and no claim for losses alleged to have

been caused by such discrepancies between instructions, or doubts, or misunderstanding shall in any event be

62 ALTERATIONS IN SPECIFICATIONS AND DESIGNS AND EXTRA WORK:

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

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

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

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

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

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

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

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

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

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

shall be worked out in accordance with the following provisions:

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

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

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

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

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

contracts will be final and binding on the contractor.

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

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

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

in-Charge shall determine the rates on the basis of the prevailing market rates of materials, labour cost at

schedule of labour plus 10% to cover contractor’s supervision, overheads and profit and pay the contractor

accordingly. The opinion of the Engineer-in-Charge as to the current market rates of materials and the quantum

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

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

Where the value of alterations / additions / deletions or substitutions exceeds beyond plus or minus 25% of the

estimated contract value (i.e. quoted item rates of contractor shall hold good for variations etc. within plus or

minus 25% of estimated contract value)

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

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

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

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

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

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

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

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

63 VARIATION IN CONTRACT VALUE :

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

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

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

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

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

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

64 ACTION WHERE NO SPECIFICATIONS ISSUED:

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

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

Specifications do not cover the same the work should be carried out as per standard Engineering Practice subject to

the approval of the Engineer-in-Charge.

65 ABNORMAL RATES:

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

considering all specifications and conditions of contract. This will avoid loss of profit or gain, in case of curtailment or

change of specification for any item. In case it is noticed that the rates for any item, quoted by the tenderer are

unusually high or unusually low, it will be sufficient cause for the rejection of the tender unless the Owner is convinced

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

66 INSPECTION OF WORK:

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

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

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

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

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

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

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

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

force as if they had been given to the contractor himself. The contractor shall give not less than seven days, notice

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

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

the same shall be uncovered at contractor’s expense carrying out such measurement or inspection.

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

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

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

or measurement of the works by the Engine in-Charge.

67 ASSISTANCE TO THE ENGINEERS:

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

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

68 TESTS FOR QUALITY OF WORKS:

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

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

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

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

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

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

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

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

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

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

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

of such tests shall be reimbursed by the Owner.

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

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

work is commenced and in ample time to permit tests and examinations thereof. All materials furnished and finishing

applied in actual work shall be fully identical to the approval samples.

70 ACTION AND COMPENSATION IN CASE OF BAD WORK:

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

workmanship or with materials of any inferior description, or that any materials or articles provided by the contractor

for the execution of the work are unsound or of a quality inferior to that contracted for, or otherwise not in accordance

with the contract, the contractor shall on demand in writing from the Engineer-in-Charge or his authorised

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

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

provide other proper and suitable materials or articles at his own charge and cost, and in the event of failure to do

so within a period to be specified by the Engineer-in-Charge in his demand aforesaid, the contractor shall be liable to

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

maximum of 10 per cent of the estimated cost of the whole work, while his failure to do so shall continue and in the

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

work or remove and replace with others, the materials or articles complained of as the case may be at the risk and

expenses of the contractors in all respects. The decision of the Engineer-in-Charge as to any question arising under

this clause shall be final and conclusive.

71 SUSPENSION OF WORKS:

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

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

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

therewith. The contractor shall not be entitled to claim/ compensation for any loss or damage sustained by him by

reason of temporary suspension of the works aforesaid. An extension of time for completion, corresponding with the

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

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

72 OWNER MAY DO PART OF WORK:

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

the owner has the alternative right, instead of assuming charge for entire work to place additional labour force, tools,

equipments and materials on such parts of the work, as the owner may designate or also engage another contractor

to carry out the work. In such cases, the owner shall deduct from the amount which otherwise might become due to

the contractor, the cost of such work and materials with ten percent added to cover all departmental charges and

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

73 POSSESSION PRIOR TO COMPLETION:

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

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

accordance with the contract agreement. If such prior possession or use by the Engineer-in-Charge delays the

progress of work, suitable adjustment in the time of completion will made and contract agreement shall be deemed

to be modified accordingly.

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

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

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

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

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

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

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

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

Period (DLP) and the same is repaired/replaced, the DLP for the repaired/replaced job/item will be extended suitably

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

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

necessary to fulfill the guarantee called for, he shall bring this to the notice of the Engineer-in-Charge in writing. The

work will not be considered as complete and taken over by the Owner until all the temporary works etc., constructed

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

74.3 Care of Works:

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

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

to any temporary work, from any cause whatsoever, he shall at own cost repair and make good the same, so that at

completion, the work shall be in good order and in conformity in every respect with the requirements of the contract

and the Engineer-in-Charge’s instructions.

74.4 Effects prior to taking over:

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

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

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

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

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

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

with all speed make good the defects so specified.

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

circumstances, be reasonable to make good such defects. The expenditure, so incurred by the Owner shall be

recovered from the amount due to the contractor. The decision of the Engineer-in-Charge with regard to the amount

be recovered from the contractor will be final and binding on the contractor. As soon as the works have been

completed in accordance with the contract (except in minor respects that do not affect their use for the purpose for

which they are intended and except for maintenance thereof provided in clause 74.1) and have passed the tests on

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

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

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

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

the Engineer-in-Charge shall issue a completion certificate which will however, be for such group or groups as taken

74.5 Defects after taking over:

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

defect arising from the defective materials supplied by the Contractor or workmanship or any act of omission of the

contract that may have been noticed or developed after the works or group of the works has been taken over. The

period allowed for carrying out such work will be normally one month. If any defect be not remedied within a

reasonable time, the Owner may proceed to do the work at the contractor’s risk and expense and deduct from the

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

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

fixed by the contract for the completion of the works, the Owner shall be at his liberty to use the works or any portion

thereof in respect of which a completion certificate has been issued provided that the works or the portion thereof

so used as aforesaid shall be afforded reasonable opportunity for completing these works for the issue of completion

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

of liability as given in clause 74.1 above. This Retention amount / Bank Guarantee / Insurance Surety Bond furnished

against Security Deposit / retention money shall be released only on expiry of the period of liability and also based

on the certification of the Engineer-in-charge that no defect/damage has been reported / observed during the stipulated

period of liability for the contract.

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

will be carried out at appropriate intervals by BPCL.

BILLS / MEASUREMENT / PAYMENT

75 SCHEDULE OF RATES AND PAYMENTS:

i) Contractor’s Remuneration

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

obligations undertaken by the contractor under the contract documents shall be ascertained by the application of the

respective item rates (the inclusive nature of which is more particularly defined by way of application but not of

limitation, with the succeeding sub-clause of this clause) and payment to be made accordingly for the work actually

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

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

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

ii) Schedule of rates to be inclusive:

The prices/rates quoted by the contractor shall remain firm till the issue of final completion certificate and shall not