LAYING OF MDPE NETWORK AND ASSOCIATED WORKS FOR CGD PROJECT AT ROHTAK GA IN THE STATE OF HARYANA

GAS BUSINESS UNIT

BHARAT PETROLEUM CORPORATION LIMITED

12th FLOOR, MAKER TOWER – F, CUFFE PARADE

NOTICE INVITING TENDER FOR

LAYING OF MDPE NETWORK AND ASSOCIATED WORKS

FOR CGD PROJECT AT ROHTAK GA IN THE STATE OF

TENDER DOCUMENT

(COMMERCIAL VOLUME)

E - Tender ID :

Pre-Bid Meeting on 09.05.2022 @ 11:00 Hrs

Tender Due on: 20.05.2022 @ 15:00 Hrs

TABLE OF CONTENTS

1. SECTION-I : INVITATION FOR BIDS (IFB)

2. SECTION-II : INSTRUCTIONS TO BIDDERS (ITB)

3. SECTION-III : GENERAL CONDITIONS OF CONTRACT

4. SECTION-IV : SPECIAL CONDITIONS OF CONTRACT

5. SECTION-V : FORMS AND FORMATS

6. SECTION – VI : SCHEDULE OF WORKS

INVITATION FOR BIDS (IFB)

TABLE OF CONTENTS:-

1.0 INTRODUCTION

2.0 BRIEF DESCRIPTION OF PROJECT

3.0 BRIEF SCOPE OF WORK

4.0 CONTRACT PERIOD

5.0 SUBMISSION OF BID & BID VALIDITY

6.0 BIDDING PROCEDURE7.0 DETAILS OF BID DOCUMENTS

8.0 BID EVALUATION CRITERIA (BEC)

9.0 EMD/ BID SECURITY

10.0 SUBMISSION OF ORIGINAL DOCUMENTS

11.0 PRE-BID MEETING

12.0 ZERO DEVIATION BIDS

INVITATION FOR BIDS (IFB) FOR LAYING OF MDPE NETWORK & ASSOCIATED WORKS

FOR CGD PROJECT AT. ROHTAK GA IN THE STATE OF HARYANA

OPEN DOMESTIC COMPETITIVE BIDDING

1.0 INTRODUCTION

1.1 Based on PNGRB authorization, M/s. Bharat Petroleum Corporation Limited (BPCL). (here in after

referred to as BPCL or Owner’) is developing CNG & City Gas Distribution Infrastructure in the

Geographical Areas (GA) of and ROHTAK GA in the state of Haryana for serving consumers of various

sectors namely domestic, commercial, industrial & automotive.

2.0 BRIEF DESCRIPTION OF PROJECT

2.1 The present project is implementation of CGD project At. ROHTAK GA in the state of HARYANA to

ensure uninterrupted supply of natural gas to Domestic, Commercial, Automobile and Industrial

2.2 Bharat Petroleum Corporation Limited (BPCL), invites bids through single stage two envelopes system

from eligible bidders for “LAYING OF MDPE NETWORK & ASSOCIATED WORKS FOR CGD

PROJECT AT. ROHTAK GA IN THE STATE OF HARYANA” as defined in bid document.

3.0 BRIEF SCOPE OF WORK

i) Excavation of Murom, boulders etc.

ii) MDPE Pipe Line Laying

iii) Supply and installation of MDPE valves

iv) Installation of valve chambers

v) Restoration of the Roads, Pavements, Trenches, Pits etc.

vi) Fabrication and installation of pipeline markers

2. Miscellaneous civil work for foundations

3. Miscellaneous structural work for gate, fencing etc.

Complete scope of work shall be floated as a single part.

The scope details of the tender shall be as follows,

I. Tentative Requirement of PE laying is given below :-

Sr. No. Description

20 mm x PE 100 x SDR 11 MDPE Pipes - Supply &

2 32 mm x PE 100 x SDR 11 MDPE Pipes - Laying

3 63 mm x PE 100 x SDR 11 MDPE Pipes - Laying

4 90 mm x PE 100 x SDR 11 MDPE Pipes - Laying

5 125 mm x PE 100 x SDR 11 MDPE Pipes - Laying

Total length of MDPE net work

4.0 CONTRACT PERIOD

4.1 Completion period for complete scope of work, as defined in bid document, shall be Fifteen (15)

months from the date of “Letter of Acceptance (LOA)”. Completion period includes mobilization

period of 15 (Fifteen) days.

4.2 The effective date of contract will be the date of LOA (Letter of Acceptance). The scope of work shall

be completed, as per instructions of the Owner.

5.0 SUBMISSION OF BID & BID VALIDITY

5.1 Bids are required to be submitted only through BPCL e-procurement site at https://bpcltenders.eproc.in/

on or before the Bid due date & time for submission. Bidders are required to enroll on BPCL e-

procurement site at https://bpcltenders.eproc.in/

5.2 Physical Bids / Offers or Bids through any other mode shall not be accepted. The Offers submitted

through e-tendering system, as above shall only be considered for evaluation and ordering.

5.3 Bid should be valid for 6 (Six) months from the date of scheduled bid due date for submission.

6.0 BIDDING PROCEDURE:

6.1 This is Open Domestic Competitive Bidding. Single stage two bid system is adopted for this tender.

7.0 DETAILS OF BID DOCUMENTS

7.1 Type of Enquiry

Open Domestic Competitive Bidding

7.2 Tender Document Number

BPCL E - tender ID:

7.3 Availability of Tender

Document on Website https://bpcltenders.eproc.in/

7.4 Bid document fee Not Applicable

7.5 Pre bid meeting date and venue

7.6 EMD/ Bid Security Scanned copy of EMD/ Bid Security must be

submitted in EMD Envelope / Section at BPCL

Portal as per Clause No.

9.0 & 10.0 below

7.7 Bid Submission date and time 20/05/2022 till 15:00 HRS. (IST )

of Online submission of Bids

7.8 Online Opening of Techno-

Commercial Unpriced Bid 20/05/2022 at 15:01 HRS. (IST )

7.9 Price bid opening date and

Date and time shall be intimated later

The complete Bidding Document is available on BPCL website: https://bpcltenders.eproc.in/

Bidders can view /download the tender document from the above website.

All amendments, time extension, clarifications etc. will be uploaded in the above websites only and

will not be published in Newspapers. Bidders should regularly visit the above web site to keep

themselves updated, this is the Prime responsibility of Bidder.

8.0 BID EVALUATION CRITERIA (BEC)

8.1. The bidder shall have executed / completed successfully at least one (01) MDPE contract / work order

(s) involving ‘Laying, Installation, Testing and Commissioning of MDPE Network’ OR at least one (01)

LMC contract / work order (s) involving ‘Erection, installation, testing and commissioning of GI / Cu

piping for domestic PNG connections’ for any City Gas distribution Company within last seven (07)

years ending on last day of the month previous to the one in which tender is invited.

Experience criteria (executed / completed contract) of similar works as defined above should qualify in

either of the criteria as mentioned below;

Two (02) Three (03)

similar works each similar works each

Work Description similar work costing

costing costing

(inclusive of GST )

(inclusive of GST ) (inclusive of GST)

(In INR Lakhs) (In INR Lakhs)

associated works

for CGD Project at

BPCL Rohtak GA in

the state of Haryana

Minimum Average Annual Turnover (stand-alone) during the immediately preceding three financial

years should be at least as per the below table

Work Description Minimum Average

Annual Turnover

Laying of MDPE network and associated works

for CGD Project at BPCL Rohtak GA in the state of

In case the date of constitution / incorporation of the bidder is less than 3 years old, the average

turnover in respect of the completed financial years after the date of constitution shall be taken in

to account for this criteria.

The financial net worth of the bidder as per the audited financial results of immediately preceding financial

year should be positive.

Net worth shall be calculated by considering reserves, share application money pending allotment (if any),

share capital, less accumulated losses and deferred expenditure to the extent not written off.

Note: In case bidder quotes for more than one part, the requirement of annual turnover shall be on cumulative

basis for the quoted parts

b) Bidder shall not be on “Holiday List” as per BPCL/PSU or its subsidiaries records, under liquidation,

court receivership or similar proceeding. Undertaking to this effect to be submitted by bidder.

8.3 Clarificatory notes to BEC

a) In case the bidder is executing a Rate Contract / Annual Rate Contract (ARC) of above nature, which is

still running, and the contract value executed till one day prior to due date of bid submission is equal to or

more than the minimum prescribed value mentioned in the BEC, such experience will also be taken into

consideration provided that the bidder has submitted satisfactory work execution certificate to this effect

issued by the end user / owner / authorized consultant.

b) A job executed by a bidder for its own plant/ projects cannot be considered as experience for the purpose

of meeting requirement of BEC of the tender. However, jobs executed for Subsidiary / Fellow subsidiary/

Holding company executed value against any single order fulfilling BEC criteria will be considered as

experience for the purpose of meeting BEC subject to submission of tax paid invoice(s) duly certified by

statutory auditor of the bidder and challan towards payments of statutory tax in support of the job executed

for Subsidiary / Fellow subsidiary /Holding company. Such bidders to submit these documents in addition

to the documents specified in the bidding documents to meet BEC.

c) In case audited balance sheets and profit and loss account for the immediately preceding financial year is

not available for bid closing date up to 30th September, the Bidder has an option to submit the audited

balance sheets and profit & loss account of the three previous years immediately prior to the last financial

year. However, for bid closing date after 30th September, the bidder has to compulsorily submit the

audited balance sheets and profit and loss account for the immediate three preceding financial years, for

evaluation and his qualification with respect to financial criteria. In any case the date (i.e., the financial

period closing date) of the immediate previous year’s audited annual accounts should not be older than

eighteen (18) months from the bid due date.

d) For the bidder whose financial year is Calendar Year, for such bidders the audited financial results for the

year 2018-19, 2019-20 and 2020-21. Shall be applicable in lieu of 2019-20, 2020-21 and 2021-22.

8.5 Bids may be submitted by:

1. Bids may be submitted by an Entity (Sole domestic bidder) and must be duly registered with GST.

Sole domestic bidder should have completed 3 financial years after date of commencement of

2. Bidding through JV or in a Consortium is not permitted.

3. Works done as a Sub-contractor is not permitted.

4. Sole bidder shall meet each requirement of Bidder Evaluation Criteria (BEC) as mentioned above.

8.6 Documents required to be submitted by bidder along with the bid for qualification of BEC:

Clause Description Documents required for qualification

a. Detailed work order along with Schedule of

b. Completion certificate issued by end user /

Owner (or their consultant who has been duly

authorized by owner to issue such certificate)

8.1.1 Experience only after completion of work in all aspect.

Note: The completion/execution certificates shall have

details like work order no. /date, brief scope of work,

completion date, executed value, etc.

a. Detailed work order along with Schedule of

b. Execution certificate issued by end user / Owner

(or their consultant who has been duly

8.4 Note In case of rate authorized by owner to issue such certificate)

a) contract only after execution of work in all aspect.

Note: The completion/execution certificates shall have

details like work order no. /date, brief scope of work,

completion date, executed value, etc.

for Subsidiary / Tax paid invoice(s) duly certified by statutory auditor of

8.4 Note Fellow the bidder and challan towards payments of statutory tax

b) subsidiary / in support of the job executed for Subsidiary / Fellow

Holding subsidiary /Holding company.

Bidder(s) shall submit copy of Audited Annual

Financial Statement [Balance Sheet and Profit & Loss

Account Statement along with its annexures along with

8.2.1 Independent Auditor report] of last three (3) preceding

Financial Year(s) duly signed and stamped by a

Statutory auditor/ Third Party Inspection Agency

(TPIA), as per BEC, along with un-price bid.

Bidder(s) shall submit copy of Audited Annual

Financial Statement [Balance Sheet and Profit & Loss

Account Statement along with its annexures and

8.2.2 Net Worth Independent auditor report] of last preceding Audited

Financial Year duly signed and stamped by a statutory

auditor/ Third Party Inspection Agency (TPIA), as per

BEC, along with un-price bid.

8.5 (I) GST Documentary Evidence for GST registration

Owner reserve the right to reject the bid without making any reference to the bidder.

i. Failure to meet the above qualifying criteria(s) will render the bid to be summarily rejected.

Therefore, the bidder shall in his own interest furnish complete documentary evidence including

certificate(s) from the client of the work executed etc. to justify that the bidder meets the qualifying

ii. The e-bid must be complete in all respects, leaving no scope of ambiguity. Bidder is fully

responsible for the bid submitted and no relief or consideration can be given for errors and

omissions. In-complete BEC documents shall be liable for rejection.

iii. Authentication of Documents

All documents furnished by the bidder in support of meeting the Technical and Financial criteria of

Duly certified by Statutory Auditors of the bidder

Duly verified and certified by any one of the following independent Third Party Inspection

Agency (TPIA) registered under “NABCB accredited bodies as per requirement of

ISO/IEC17020 as Type A” in QCI NABCB website

(nabcb.qci.org.in/accreditation/reg_bod_inspection_bodies.php) as on date of bid submission, at

no extra cost to BPCL The verification and certification should necessarily include comment

“Verified from Originals”, with name and contact details (contact number and email ID) of the

certifying officer including address of Third Party Inspection Agency (TPIA) branch

undertaking the certification.

8.7 It is mandatory that all documents verified / attested by Chartered Accountant (CA) should

have Unique Document Identification Number (UDIN) generated on the portal of ‘The

Institute of Chartered Accountants of India’ (https://udin.icai.org/)’.

8.8 Hard copy of the original verified documents (with Original stamp by Third Party Inspection

Agency (TPIA) / Statutory Auditor should be submitted to BPCL by the successful bidder for

future reference. BPCL reserves the right to request for original documents of bidder at any

time during tendering process.

8.9 All documents furnished by the bidder in support of meeting the Technical and Financial criteria of

BEC shall be duly certified as stated above otherwise shall be liable for rejection.

8.10 All documents furnished by the bidder in support of meeting the Technical and Financial criteria of

BEC shall be submitted in a separate section / booklet along with their unpriced bid. This section /

booklet shall be titled as “Documentation against Bid Evaluation Criteria (Technical and Financial)”

with proper index and page numbering.

8.11 Bidders are required to ensure that the value of completed job indicated by them depicts separately the

value of completed job and GST as applicable. Accordingly, the completion certificate submitted by

the bidder shall separately indicate the GST amount included in the value of completed job OR a

separate certificate from the respective client, mentioning the GST/ service taxes amount if any,

included in the value of completed job under consideration should be submitted by the bidder.

8.12 In case GST amount/component is not specified in the submitted completion certificate, then it shall

be presumed that the amount mentioned in the certificate is including goods amount and GST

(whichever is applicable) and the offer shall be evaluated accordingly.

8.13 Submission of authentic documents is the prime responsibility of the Bidder. However,

Owner/Consultant reserves the right of getting the document cross verified, at their discretion from the

document issuing authority.

8.14 Owner reserves the right to complete the evaluation based on the details furnished (without seeking

any additional information) and / or in-house data, survey or otherwise. In case of ambiguity or

incomplete documents pertaining to BEC, bidders shall be given only one opportunity with a fixed

deadline after bid opening to provide complete and unambiguous documents in support of meeting the

BEC. In case the bidder fails to submit any document or submits incomplete documents within the

given time, the bidder’s offer will be evaluated based on the available documents.

9.0 EMD/ BID SECURITY

9.1 All bids must be accompanied by an EMD / bid security. Scanned copy of EMD / Bid Security must

be uploaded under EMD Envelope / Section on BPCL E-proc portal, otherwise Bid offer is liable for

9.2 MSE Bidders are exempted from submission of EMD.

9.3 All Bidders quoting as MSE, would be required to submit Chartered Accountant (CA) certificate

along with “MSE-Certificate” to avail the benefits under Public Procurement Policy as per MSMED

Act 2006/ Public Procurement Policy Order 2012. The Chartered Accountant (CA) certificate should

be dated after the date of floating of tender and shall be specific to the tender for which bid is being

submitted. Format of the Chartered Accountant (CA) certificate is attached as Form

9.4 It is mandatory that all documents verified / attested by Chartered Accountant (CA) should

have Unique Document Identification Number (UDIN) generated on the portal of ‘The

Institute of Chartered Accountants of India’ (https://udin.icai.org/)’.

9.5 In case of NSIC Bidder, a valid NSIC (National Small Industries Corporation) certificate to be

submitted by bidder duly certified by listed Third Party Inspection Agency (TPIA) OR Chartered

Accountant (CA)

9.6 All bids submitted by Non - MSE Bidders, must be accompanied with EMD/ Bid Security

amount as per below table:-

Work Bid Security/ EMD (in Lakh)

9.7 EMD shall be in favour of Bharat Petroleum Corporation Limited and shall be acceptable in the form

Demand Draft (Payable at Mumbai) or Bank Guarantees (B.G.) in the prescribed pro-forma from

Scheduled Commercial banks in India/ Indian Branch of Foreign Bank, EXCEPT YES BANK, CKP

CO-OP BANK and Punjab and HARYANA CO-OP BANK (PMC). The B.G. shall be valid for a

period of 6 months from the final due date of submission of Bid with a claim period of 3 months.

9.8 Bidders are required to submit the EMD (in the prescribed format) in original at the time of bid

submission in sealed envelope and are required to upload the scanned copy of EMD on BPCL e-portal

along with e-Bid. EMD in original shall be submitted in a sealed envelope titled “Earnest Money

Deposit for LAYING OF MDPE NETWORK & ASSOCIATED WORKS FOR CGD PROJECT

AT. ROHTAK GA IN THE STATE OF HARYANA”, at Bharat Petroleum Corporation Limited

Bidder must upload the scanned copy of EMD (in the prescribed format) on BPCL e-procurement site

along with the e-bid. Swift message / Cheque / Cash / NEFT / RTGS shall not be acceptable. In case

bidder fails to upload scanned copy of EMD on BPCL e-portal by the bid due date & time, such bids

shall not be considered for evaluation.

9.9 BPCL will allow Public Sector Enterprises (Central/State), purchase preference as admissible/

applicable from time to time under the existing Govt. policy. BPCL shall also follow the Public

Procurement Policy on Procurement of Goods and services from Micro and Small Enterprises (MSEs)

Order 2012 for EMD/ Bid security also. Directives issued by Govt. of India from time to time shall be

given due consideration during bid evaluation.

9.10 If the Bidder is unable to submit original EMD within the due date and time of Bid submission, he

may submit the same within 7 calendar days from the date of unpriced bid opening, provided scanned

copy of the same have been uploaded on E-Tendering website along with the bid. In case the Bidder

fails to submit the EMD in original within 7 calendar days, his bid shall be rejected, irrespective of

their status / ranking in tender and notwithstanding the fact that a copy of EMD were uploaded earlier

9.11 Following categories of bidders shall be exempted from paying Earnest Money Deposit (EMD):

• Units registered with National Small Industries Corporation (NSIC).

• Units falling under Micro & Small Enterprises (MSEs) category as defined under the MSMED Act

2006. The above are subject to the fulfilling of under mentioned conditions:

a) Units should be registered with National Small Scale Industrial Corporation Limited (NSIC) or

with any of the Authorities specified under the Public Procurement Policy for MSE’s (DIC / KVIC

/ KVIB / Coir Board / NSIC / Directorate of Handicrafts and Handloom or any other body specified

by Ministry of MSME).

b) Registration Certificate is valid for a period at least upto validity of the bid offer i.e. six months

from the schedule date of bid submission.

10.0 SUBMISSION OF ORIGINAL DOCUMENTS

10.1 The following documents, in addition to uploading in the bid on BPCL e-procurement site, shall also

be submitted in Original (in physical form) within Seven (07) calendar days from the bid due date to

Bharat Petroleum Corporation Limited 12th Floor, F’ Wing, Maker Tower, Cuffe Parade, Mumbai,

Maharashtra 400005, providing the scanned copies of the same have been uploaded in e-tender by the

bidder along with e-bid within the due date:-

i) EMD / Bid Security as per Clause No. 9.0 & 10.0 of IFB

ii) Power of Attorney as per Clause No. 12.4 of ITB

iii) Integrity Pact as per Form –

iv) Declaration of liquidation, court receivership or similar proceeding as per Form –

The original affidavit containing the declaration shall be submitted along with the original other

Bidders to ensure that "Cut Out Slip" attached to IFB, must be pasted on outer envelope to ensure

that above mentioned original documents reaches to concerned official within Seven (07) calendar

days from the date of Bid Opening.

11.0 PRE-BID MEETING

11.1 The bidder(s) or his official representative are requested to attend the pre-bid meeting through

conference call so that their queries, if any, related to the tender document and scope of work can be

addressed. Nonattendance of the pre-bid meeting shall not be cause of disqualification of the bidder.

11.2 The bidders may send their queries, if any, on Bidding Document by email / courier to reach Bharat

Petroleum Corporation Limited before the pre-bid meeting. These queries shall be replied during

the Pre-bid meeting.

Contact persons for this tender are: -

1. Mr. Rafeeque N M, (BPCL, Mumbai HQ)-Mob.

Chief Manager, Engineering Services, E-mail: [email protected]

2. Mr. Ajit Singh– Mob.

Territory Manager (Gas) Haryana 2, E-mail: [email protected]

12.0 ZERO DEVIATION BIDS

12.1 This is a ZERO deviation bidding process. Bidder is to ensure compliance of all provisions of the

bidding document and submit their bid accordingly. Bids with any deviation to the bid conditions

shall be liable for rejection.

13.1 Bharat Petroleum Corporation Limited will not be responsible or liable for cost incurred in preparation,

submission & delivery of bids, regardless of the conduct or outcome of the bidding process.

13.2 In case any bidder is found to be involved in cartel formation, his Bid will not be considered for

evaluation / placement of order. Such Bidder will also be debarred from bidding in future.

13.3 Canvassing in any form by the Bidder or by any other agency on their behalf may lead to disqualification

13.4 Unsolicited clarifications to the bid offer and / or change in the prices during the validity period would

render the bid liable for rejection.

13.5 Bharat Petroleum Corporation Limited reserves the right to reject any or all the bids received or annul

the bidding process at any time at their sole discretion without assigning any reason whatsoever.

13.6 BPCL will allow Public Sector Enterprises (Central/State), purchase preference as admissible/

applicable from time to time under the existing Govt. policy. BPCL shall also follow the Public

Procurement Policy on Procurement of Goods and services from Micro and Small Enterprises (MSEs)

13.7 All other terms and condition shall be as per the bidding documents.

13.8 Bidder shall furnish necessary documentary evidence along with the bid, by way of track record,

copies of work order, division of responsibilities for the work performed, completion certificate, MOU

document/ commitment letters etc. as per requirement. In absence of such documents, BPCL reserve

the right to reject the Bid without making any reference to the Bidder or assigning any reason what-

so-ever. Bidder shall provide documentary proof in the form of purchase order/contract letter. Offers

received without documentary proof are liable for rejection.

13.9 BPCL decision on any matter regarding short listing of bidders shall be final.

13.10 Bids of bidders on “Holiday” as per BPCL/PSU or its subsidiaries records shall not be considered for

evaluation and ordering.

13.11 Failure to meet the above Qualification Criteria will render the Bid liable to be rejected. Therefore,

the bidder shall in his own interest furnish complete documentary evidence in the first instance itself,

in support of their fulfilling the Qualification Criteria as given above. BPCL reserves the right to

complete the evaluation based on the details furnished without seeking any additional Information.

13.12 All documents submitted should be in English only.

13.13 Directives issued by Govt. of India from time to time shall be given due consideration during bid

13.14 All questions and requests for clarifications or interpretations related to tender documents shall be

addressed in writing to:

Contact persons for this tender are: -

1. Mr. Rafeeque N M, (BPCL, Mumbai HQ)-Mob.

Chief Manager, Engineering Services, E-mail: [email protected]

2. Mr. Ajit Singh– Mob.

Territory Manager (Gas) Haryana 2, E-mail: [email protected]

13.15 Contact numbers of support desk of BPCL e-procurement (e-bid) website in case of any issue with

website which is as follows:

1 Sainil Bandodkar - +91 9158346209, [email protected]

2 Fairlin Jivin - +91-124-4302000 Ext : 112, [email protected]

Details of Helpdesk team are available under the link ‘Contact Us/Helpdesk’ on the e-procurement portal

https://bpcltenders.eproc.in/Product/publicDash

DO NOT OPEN - THIS IS A QUOTATION / ORIGINAL DOCUMENTS

Bid Document No.

Description: LAYING OF MDPE NETWORK AND ASSOCIATED WORKS FOR CGD PROJECT AT.

ROHTAK GA IN THE STATE OF HARYANA

Due Date & Time :

…………………………………… Mr. Rafeeque N M, (BPCL, HQ)-Mob.

8547868073, Chief Manager, Engineering

…………………………………… Services, GAS SBU,

Bharat Petroleum Corporation Limited

12th Floor, F’ Wing, Maker Tower, Cuffe

Parade, Mumbai, Maharashtra

(To be pasted on the envelope containing Physical documents in line with clause no. 10 above.)

INSTRUCTIONS TO BIDDERS (ITB)

TABLE OF CONTENTS

1.0 INTRODUCTION

2.0 ELIGIBILITY OF BIDDERS

3.0 ONE BID PER BIDDER

4.0 COST OF BIDDING

5.0 SITE LOCATION / SITE VISIT

6.0 ACKNOWLEDGEMENT & CONFIRMATION

7.0 CONTENTS OF BIDDING DOCUMENT

8.0 CLARIFICATION OF BIDDING DOCUMENTS

9.0 AMENDMENT OF BIDDING DOCUMENTS

10.0 CONFIDENTIALITY OF BIDDING DOCUMENT

11.0 LANGUAGE OF BID

12.0 DOCUMENTS COMPRISING THE BID

13.0 BID PRICES & BIDDING CURRENCY

14.0 BID VALIDITY

15.0 EMD/ BID SECURITY

16.0 PRE-BID QUERIES

17.0 FORMAT AND SIGNING OF BID

18.0 BID REJECTION CRITERIA / COMPLIANCE TO BID REQUIREMENT

20.0 CHECK LIST FOR SUBMISSION OF BID

21.0 SUBMISSION OF BID

22.0 DATE, TIME & PLACE OF SUBMISSION

24.0 MODIFICATION AND WITHDRAWAL OF BIDS

25.0 PURCHASER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

26.0 OPENING OF BIDS

27.0 CLARIFICATIONS OF BIDS

28.0 CONFIDENTIALITY

29.0 CONTACTING THE OWNER / CONSULTANT

30.0 EVALUATION OF TECHNO-COMMERCIAL BIDS

31.0 OPENING OF PRICE BID

32.0 CORRECTION OF ERRORS

33.0 EVALUATION OF PRICE BIDS

34.0 PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES

35.0 ANTI-PROFITEERING CLAUSE

36.0 PROVISION REGARDING POLICY TO PROVIDE PURCHASE PREFERENCE

37.0 UNSOLICITED POST TENDER MODIFICATION

38.0 AWARD OF CONTRACT

39.0 DOCUMENT VERIFICATION

40.0 BPCL'S RIGHT TO ACCEPT OR REJECT ANY BID

41.0 NOTIFICATION OF AWARD / LETTER OF ACCEPTANCE

42.0 CONTRACT AGREEMENT AND SIGNING OF AGREEMENT

43.0 MODIFICATION OF INSTRUCTIONS TO TENDER

44.0 CONTRACT PERFORMANCE GUARANTEE / SECURITY DEPOSIT

45.0 CARTEL FORMATION

46.0 FRAUDULENT PRACTICES

47.0 INTEGRITY PACT

48.0 PROVISIONS FOR STARTUPS

49.0 IEM DETAILS - Integrity Pact Program

1.0 INTRODUCTION

1.1 This tender deals with “LAYING OF MDPE NETWORK AND ASSOCIATED WORKS FOR CGD

PROJECT AT BPCL ROHTAK GA IN THE STATE OF HARYANA”. For details refer Technical Part

/ SOW / IFB/ complete Bid document.

1.2 Bharat Petroleum Corporation Limited invites e-bids in two part bids under single stage for the entire

scope of work covered under the Bidding Document on item rate work contract basis (hereinafter for the

purpose of these instructions collectively referred as “Works”).

1.3 It shall be Bidder’s responsibility to have thorough understanding of the reference documents, site

conditions and specifications included in the Bidding Document.

1.4 In case, the name of entity is written as ‘Bharat Gas Resources Limited / BGRL’ anywhere in the bidding

documents (Volume I & II), it shall be deemed as ‘Bharat Petroleum Corporation Limited / BPCL’

2.0 ELIGIBILITY OF BIDDERS

The Bidder shall not be under a declaration of ineligibility by Owner for Corrupt/ Fraudulent/ Collusive/

Coercive practices.

2.1 The Bidder is not put on holiday/ banned by Bharat Petroleum Corporation Limited or put on holiday/

banned by any Government Department/ Public Sector Enterprise on due date of submission of bid. If

documents are downloaded from website, offers submitted by such bidders shall not be considered for

opening/ evaluation/award.

In case there is any change in status of the declaration prior to award of contract, the same has to be

promptly informed to BPCL by the bidder.

2.2 The Bidder should not be under any liquidation court receivership or similar proceedings on due date of

submission of bid.

In case there is any change in status of the declaration prior to award of contract, the same has to be

promptly informed to BPCL by the bidder.

It shall be the sole responsibility of the bidder to inform BPCL in case the bidder is under any liquidation

court receivership or similar proceedings OR on under any kind of Contractual Agreement OR change

in constitution on due date of submission of bid and during the course of finalization of the tender.

Concealment of the facts shall tantamount to misrepresentation of facts and shall lead to action against

such Bidders as per BPCL policy.

2.3 Bidder is required to furnish the complete and correct information / documents required for evaluation

of their bids. If the information / documents forming basis of evaluation is found to be false /

misrepresentation / Fraudulent Practices /forged, the same shall be considered adequate ground for

rejection of bids.

2.4 Bidder shall not be affiliated with a firm or entity:

(i) That has provided consulting services related to the work to the Owner during the preparatory stages

of the work or of the project of which the works/services forms a part of or

(ii) That has been hired (proposed to be hired) by the Owner as an Engineer/ Consultant for the contract.

2.5 Pursuant to qualification criteria set forth in the bidding document, the Bidder shall furnish all necessary

supporting documentary evidence to establish Bidder’s claim of meeting qualification criteria.

2.6 Bidders shall, as part of their bid, submit a written power of attorney authorizing the signatory of the bid

to commit the bidder. Power of Attorney issued by the Board of Directors/ CEO /Chairman/ MD /

Company Secretary of the Bidder/ all partners in case of Partnership firm/any person authorized in terms

of Deed of LLP/Proprietor in favour of the authorized employee(s) of the Bidder, in respect of the

particular tender for signing the Bid and all subsequent communications, agreements, documents etc.

pertaining to the tender and to act and take any and all decision on behalf of the Bidder, is to be submitted.

The authorized employee(s) of the Bidder shall be signing the Bid and any consequence resulting due to

such signing shall be binding on the Bidder.

3.0 ONE BID PER BIDDER

3.1 Each bidder shall submit only one bid. A bidder who submits or participates in more than one bid will be

disqualified. If bid of companies which is managed & controlled by same group of individual (common

owners/ proprietor, common partner/ common directors), the participation in a particular tender by more

than one such bidder will not be allowed, and bids will be disqualified.

3.2 Also, if this fact is known at a later stage during bid evaluation or even after finalization of contract, the

award will be made null and void and appropriate action any form and putting the firms on holiday list

3.3 Alternative Bids shall not be considered.

4.0 COST OF BIDDING

4.1 The Bidder shall bear all costs associated with the preparation and submission of the Bid including but not

limited to Bank charges all courier charges including taxes & duties etc. incurred thereof. Further, BPCL

will in no case, be responsible or liable for these costs, regardless of the outcome of the bidding process.

5.0 SITE LOCATION / SITE VISIT

5.1 Bidder is advised to visit and examine the site, its surroundings and familiarize himself of the existing

facilities and environment, and collect all other information which he may require for preparing and

submitting the bid and entering into the Contract. Claims and objections due to ignorance of existing

conditions or inadequacy of information will not be considered after submission of the bid and during

implementation.

5.2 The Bidder or any of its personnel or agents will be granted permission by BPCL to enter upon its premises

and land for the purpose of such visits, but only upon the explicit condition that the Bidder, his personnel

or agents will release and indemnify BPCL and his personnel and agents from and against all liabilities in

respect thereof and will be responsible for personal injury (whether fatal or otherwise), loss of or damage

to property, and any other loss, damage, costs, and expenses incurred as a result thereof.

5.3 The Bidder shall not be entitled to hold any claim against BPCL for non-compliance due to lack of any kind

of pre-requisite information as it is the sole responsibility of the Bidder to obtain all the necessary

information with regard to site, surrounding, working conditions, weather etc. on its own before submission

5.4 FOR SITE VISIT CONTACT DETAILS

BHARAT PETROLEUM CORPORATION LIMITED

 Mr. Ajit Singh – Mob.

Territory Manager (Gas) Haryana 2 E-mail: [email protected]

BHARAT PETROLEUM CORPORATION LIMITED

 Mr. Rafeeque N M, (BPCL, HQ)-M

Chief Manager, Engineering Services, E-mail: [email protected]

6.0 ACKNOWLEDGEMENT & CONFIRMATION

6.1 Bidder shall acknowledge against the Tender on BPCL’s website https://bpcltenders.eproc.in/ and confirm

his intention to bid or reason(s) of not participating in the tendering or in case of regret / negative

acknowledgement.

A. BIDDING DOCUMENT CLARIFICATION AND AMENDMENT

7.0 CONTENTS OF BIDDING DOCUMENT

7.1 The Bidding Document shall be read in conjunction with any amendment issued in accordance with

Clause 9.0 below.

Volume I Commercial Volume

Section-I : Invitation for Bid [IFB]

Section-II : Instructions to Bidders [ITB]

Section-III : General Conditions of Contract [GCC]

Section-IV : Special Conditions of Contract [SCC]

Section-V : Forms & Formats

Volume II to II – Technical Volume

Technical Specifications, Scope of Work and Drawings etc.

7.2 Although all the details presented in this Bidding Document have been compiled with reasonable care,

however, the Bidder is expected to examine the Bidding Document, including all instructions, forms,

terms, specifications and drawings in the Bidding Document and Bidder to ensure that the information

provided is adequate, clearly understood and it includes all documents as per Master Index.

7.3 Bidding documents once issued / downloaded are non-transferable.

8.0 CLARIFICATION OF BIDDING DOCUMENTS

8.1 Bidder shall examine the Bidding Document thoroughly in all respect and if any conflict, discrepancy,

error or omission is observed, Bidder may request clarification within the cutoff date as specified in IFB

or prior to the Bid Closing Date. Such clarification requests shall be directed to the address given in

8.2 Any failure by Bidder to comply with the aforesaid requirement shall not excuse the Bidder, after

subsequent award of Contract, from performing the work in accordance with the Contract.

8.3 Response to queries / clarifications raised will be sent as expeditiously as possible to all who have been

issued the Bidding Documents. The response shall not form part of the Bidding Document unless issued

as an Addendum / Amendment. The queries raised (without identifying the sources of the query) and

the responses will be uploaded on website.

8.4 Bidders are expected to resolve all their clarifications/queries to the Bidding Document and submit their

bid in total compliance to Bidding Document without any deviation / stipulation / clarification.

9.0 AMENDMENT OF BIDDING DOCUMENTS

9.1 BPCL may, for any reason whether at his own initiative or in response to the clarification requested by

the prospective bidder(s), issue amendment in the form of Addendum during the bidding period and

subsequent to receiving the bids. Any addendum thus issued shall be part of the Bidding Documents

and Bidder shall submit ‘Original’ Addendum / Compliance letter duly signed and stamped in token of

his acceptance.

9.2 For Addendum issued during the bidding period, Bidder shall consider the impact in his bid. For

Addendum issued subsequent to receiving the bids, Bidder shall follow the instructions issued along

with addendum with regard to submission of impact on quoted price / revised price, if any.

9.3 The Owner, if consider necessary, may extend the date of submissions of Bid in order to allow the

Bidders a reasonable time to furnish their most competitive bid taking into account the amendment

issued thereof.

10.0 CONFIDENTIALITY OF BIDDING DOCUMENT

10.1 Bidders shall treat the bidding documents and contents therein as strictly confidential.

10.2 The Bidding Document is and shall remain the exclusive property of BPCL without any right to Bidder

to use them for any purpose except for the purpose of Bidding.

B. PREPARATION OF BIDS

11.0 LANGUAGE OF BID

11.1 The Bid and all correspondence, drawing(s), document(s), certificate(s) etc. related to the bid exchanged

by bidder and BPCL shall be written in English Language. For supported documents and printed

literature submitted in any another language, an equivalent English translation shall also be submitted.

Responsibility for correctness in translation shall lie with the Bidder. In case of any conflict, for the

purpose of interpretation of the bid, the English translation shall govern.

12.0 DOCUMENTS COMPRISING THE BID

12.1 The e-bid must be complete in all respects, leaving no scope of ambiguity. Bidder is fully responsible

for the bid submitted and no relief or consideration can be given for errors and omissions.

12.2 The bid shall be submitted by uploading relevant document in respective covers provided in the e-

tendering website.

• EMD/ BID SECURITY

• DOCUMENTATION AGAINST BIDDER QUALIFICATION CRITERIA

• TECHNO-COMMERCIAL / UNPRICED BID

• PRICE BID - : Bidder shall quote (plus (+) (increase), minus (-) (decrease) or zero (0) (at par) in

percentage on total offered price under- Price bid form only. No scanned copy of quoted Price (in

percentage (%)) to be submitted.

12.3 Documentation against Bid Evaluation Criteria shall contain the following documents and to be uploaded

in e-tendering BPCL website:

• Work order / PO / Agreement of similar works executed / completed by the bidder mentioning the value

and the scope of work as documentary evidence.

• Completion/ Execution Certificate of similar works from the client / end user / any documentary

evidence to establish successful completion of similar works.

• Audited Annual Financial Statement [Balance Sheet and Profit & Loss Account Statement along with

its annexures and Independent auditor report] of immediately preceding three financial years as per IFB.

12.4 Techno-Commercial / Un-priced bid shall contain the following documents and to be uploaded in

tendering website:

a) Covering Letter' on Bidder's 'Letterhead' clearly specifying the enclosed contents.

b) Copy of summary sheet of Schedule of Works (SOW) mentioning QUOTED/ NOT QUOTED for

c) Power of Attorney /copy of Board Resolution, in favor of the authorized signatory of the Bid on stamp

d) Copy of Partnership Deed in case of partnership firm or Memorandum & Article of Association in case

of limited company.

e) Duly attested documents in accordance with the "BID EVALUATION CRITERIA [BEC]" establishing

the qualification (Certification from Statutory Auditor OR Third Party Inspection Agency

(TPIA) as defined in tender document) as per attached format F-15.

f) 'Checklist for submission of bid, in 'Form F-1'.

g) 'Bid Form', as per 'Form F-2'

h) Declaration of liquidation, court receivership or similar proceeding as per ‘Form-3’

i) Bidder’s financial Capabilities as per Form F-4

j) Declaration by Bidder as per Form F-5

k) 'No Deviation Confirmation', as per 'Form F-6'

l) ‘Bidder's General Information', as per 'Form F-7'

m) 'Agreed Terms and Conditions', as per 'Form F-8'

n) Declaration by Black Listing / Holiday Listing as Per 'Form F-9'

o) Bank Mandate Form as Per 'Form F-10'

p) Undertaking for Non-Engagement of Child Labor as Per 'Form F-11'

q) Bidder's Queries as per 'Form F-12'

r) Indemnity Bond as per 'Form F-13'

s) Land Border as per ‘Form F-14’

t) VERIFICATION OF BIDDER’S EVALUATION CRITERIA (BEC) related documents -

Certification from Statutory Auditor OR Third Party Inspection Agency (TPIA) as defined in

tender document as per ‘Form F-15’

u) PP-LC Policy – as per ‘Form F-16’

v) Integrity Pact as per ‘Form F-17’

w) EMD / Bid Security – Exemption, duly Certified by Chartered Accountant confirming Eligibility for

benefits for PPP as per ‘Form-18’

x) PROFORMA OF BANK GUARANTEE - Earnest Money / Security Deposit Towards Performance as

y) Commercial & Technical with acceptance

z) Original Documents as per Clause No. 10.0 of IFB, to be submitted to BHARAT PETROLEUM

CORPORATION LIMITED Office, at Maker Tower, Mumbai, within Seven (7) calendar days from

the date of Un-priced Bid Opening.

aa) Cancelled Cheque of bidders.

bb) Reply To Pre Bid Queries / Corrigendum – IF APPLICABLE

cc) Any other information/details required as per Bidding Document.

Note: All the pages of the Bid must be signed by the "Authorized Signatory" of the Bidder.

12.5 Price Bid shall consist of Schedule of Works duly filled in percentage %. No stipulation, deviation, terms &

conditions, presumption, basis etc. shall be stipulated in Price Part of the bid. Any condition if stipulated

shall be treated as null and void and shall render the bid liable for rejection .

12.6 EMD / Bid Security:

Bid EMD / Bid Security, in the form of Crossed Demand Draft (DD) / Bank Guarantee (as per preformat

provided in GCC) of requisite amount in favor of “Bharat Petroleum Corporation Limited ” payable at

Mumbai, as stipulated in IFB, shall be submitted in following manner :-

Original Bid Security: Not later than Seven (7) calendar days from the date of Bid Opening Copy of Original

Bid Security: To be uploaded in E-Tendering Portal in EMD Envelope.

In case of exemption of EMD as per clause no. 9.0 of IFB & 15.0 of ITB, the scanned copy of the requisite

documents such as MSE, would be required to submit Chartered Accountant (CA) certificate along with

MSE-Certificate to avail the benefits under Public Procurement Policy as per MSMED Act 2006/ Public

Procurement Policy Order 2012. The CA certificate should be dated after the date of floating of tender and

shall be specific to the tender for which bid is being submitted. Format of the CA certificate is attached as

However, original of the same should be sent to Bharat Petroleum Corporation Limited office, Maker Tower

F-wing, Mumbai within Seven (7) calendar days from the date of Bid Opening along with other original

12.7 It is mandatory that all documents verified / attested by Chartered Accountant (CA) should have

Unique Document Identification Number (UDIN) generated on the portal of ‘The Institute of

Chartered Accountants of India’ (https://udin.icai.org/)’.

12.8 In case of NSIC Bidder, a valid NSIC (National Small Industries Corporation) certificate to be submitted

by bidder duly certified by listed Third Party Inspection Agency (TPIA) OR Chartered Accountant (CA).

12.9 Bidder shall submit the following documents in ORIGINAL within Seven (7) calendar days from the date

of Bid Opening, providing copy of the same have been uploaded on E- Tendering Website:

i) Original EMD / MSE / NSIC certificate along with certification as stated above

ii) Original Power of Attorney.

iii) Original signed and stamped Integrity Pact

iv) Original Declaration of liquidation, court receivership or similar proceeding as per ‘Form-3’ The

Address For Submission Of Original Documents Is As Follows:

Bharat Petroleum Corporation Limited

GAS BU, 12th Floor, Maker Tower, F- Wing, Cuff

Parade, Mumbai-

13.0 BID PRICES & BIDDING CURRENCY:

13.1 The unit rates defined in “Schedule of Works” are rates declared by Owner i.e., M/s Bharat Petroleum

Corporation Limited (BPCL) for percentage bidding purpose & shall remain firm, fixed and valid until

completion of the contract and will not be subject to any variation.

13.2 Prices indicated in SOW are in INR (Indian Rupees Only).

13.3 The unit rates indicated in the Schedule of Works are inclusive of all applicable taxes and duties including

BOCW tax, freight, Insurance including Transit Insurance, overheads, provision of safety gadgets to their

personnel, transportation, conveyance, trainings, recruitments, communication charges, liaison work, cost

for providing tools & tackles, equipment, machineries, spares, etc. excluding GST. However total prices

mentioned in the SOW is inclusive of GST.

13.4 Goods & Service Tax (GST) shall be paid against documentary evidence. Bidder should have valid GST

registration number of states for claiming GST.

13.5 Bidder should mention QUOTED/ NOT QUOTED in Summary Sheet attached in Section VI along with

Schedule of Works with declared rates.

13.6 Unless otherwise permitted in the Bidding Document, the bid shall be for the complete scope of work for

13.7 Further, Bidder shall also mention the “Harmonized System of Nomenclature (HSN) Code / Service

Accounting Codes (SAC) at the designated place in summary sheet of SOW.

13.8 It will be the duty of BIDDER / CONTRACTOR to duly observe and comply with all laws, rules, regulations,

orders and formalities applicable to GST, and other taxes & duties etc. on the manufacture, sale and / or

supply of any material to the BPCL The BIDDER /CONTRACTOR shall keep the BPCL indemnified from

and against any and all claims, demands, prosecutions, penalties, damages, demurrages and / or other levies

whatsoever made or levied by any Court, Tribunal or the Customs or other Authorities with respect to any

alleged breach, evasion or infraction of such duties, taxes, charges or levies or any breach or infraction of

such laws, rules, regulations, orders or formalities concerning the same and from the consequence thereof.

13.9 No Mobilization Advance and No secured advance will be paid.

13.10 TAXES & DUTIES

I. Reference of taxes subsumed in GST (Excise Duty, Sales Tax, VAT, Service Tax, octopi, entry tax etc.),

wherever appearing in the tender document/ GCC, shall appropriately be read as GST as per applicability.

Accordingly, GST registration certificate shall be submitted by bidder in place of Service Tax registration.

Invoice (Covetable, if applicable)’ or ‘Covetable bills (if applicable)’ wherever appearing in the tender shall

be read as ‘Invoice as per GST Act/ Law’.

14.0 BID VALIDITY

14.1 Bid shall remain valid for a minimum period of 6 (Six) months from final due date of submission of Bid.

During the above period, bidders shall not be entitled to revoke or cancel their Bid or to vary the Bid given

or any term thereof without written consent of the BPCL In case, Bidders are revoking or cancelling their

Bid or varying any terms in regard thereof without the written consent of BPCL, BPCL shall reject their

bids. Such Bidder also may be put on Holiday list.

14.2 BPCL may request the Bidders for extension of the period of validity of bid. If the Bidder agrees to the

extension request, validity of bid shall not be permitted to modify the bid because of extension, unless

specifically invited to do so.

15.0 EMD/ BID SECURITY

15.1 Bidder shall furnish, as part of its Bid, EMD for an amount as indicated in the IFB. The Bids not accompanied

with EMD or EMD not as per Pro-forma given in the Bidding Document shall be considered as non-

responsive and such Bids shall be liable for rejected. BPCL shall not pay any interest on EMD furnished.

15.2 Details of EMD shall be entered before uploading of bid and copy of EMD shall be uploaded in the respective

cover/envelope/ section provided in the e-tendering website for a value specified in IFB.

15.3 Following categories of bidders shall be exempted from paying Earnest Money Deposit (EMD):

i. Units registered with National Small Industries Corporation (NSIC).

ii. Units falling under Micro & Small Enterprises (MSEs) category as defined under the MSMED Act

The above are subject to the fulfilling of under mentioned conditions

a) Units should be registered with National Small Scale Industrial Corporation Limited (NSIC) or with any

of the Authorities specified under the Public Procurement Policy for MSE’s (DIC / KVIC / KVIB / Coir

Board / NSIC / Directorate of Handicrafts and Handloom or any other body specified by Ministry of

b) Registration Certificate is valid for a period at least up to validity of the bid offer i.e. six months

from the schedule date of bid submission.

15.4 Bid securities of unsuccessful bidders will be returned upon award of Contract. However, EMD of the

successful Bidder will be returned upon the Bidder's executing the Contract and furnishing the Security

15.5 The EMD may be forfeited:

I. If a Bidder withdraws its bid during the period of Bid Validity or does any breach of tendering terms and

II. If a bidder modifies his bid on his own

III. If a bidder after opening of price bid increases the price, though within the validity period and even

though the offer remains lowest

IV. In case of a successful Bidder, if the Bidder fails, within the specified period:

a) To sign the Contract.

b) To furnish the Security Deposit.

16.0 PRE-BID QUERIES

16.1 The purpose of the pre-bid queries will be to clarify issues and to answer questions on any matter pertaining

to the Tender conditions that may be raised by bidders who have been issued the Bidding Document.

16.2 The bidder is requested to submit any queries / clarification / information pertaining to Bidding Document

in writing delivered by hand or by fax / e-mail as per Form F-12 enclosed in the Bidding Document so as to

reach BPCL not later than the date specified in the Notice Inviting Tender. Queries / Clarifications /

Information sought in any other manner shall not be responded to. The editable soft copies of the queries may

also be e-mailed at the address [email protected]/ [email protected] to enable

Bharat Petroleum Corporation Limited to prepare replies to the queries against each query in same format

16.3 Bharat Petroleum Corporation Limited responses to Bidder’s queries / clarifications raised will be furnished

as expeditiously as possible to all those who have downloaded the Bidding Document and shall be e-mailed

to all other bidders who have downloaded the Bidding Document.

Any modification of the Bidding Document, which may become necessary as a result of the pre-bid queries

shall be intimated to all bidders through the issue of an Addendum / Amendment.’

17.0 FORMAT AND SIGNING OF BID

17.1 The bidder shall upload the Techno-commercial bid duly filled, signed and stamped by the authorized signatory

under the form provided in the e-tendering website.

17.2 All pages of bid shall be stamped and initialed by person(s) signing the bid.

17.3 The bid shall contain no interlineations, erasures or overwriting. In case any corrections are required, the

original writings shall be neatly cut / penned through and re-written nearby. No overwriting or erasure of

original writings by use of “white fluid” or otherwise is permitted. In case any erasure using “white correcting

fluid is found, the offer shall be liable to be rejected. All corrections / cuttings / alterations shall be signed in

full by the Bidder with date.

18.0 BID REJECTION CRITERIA / COMPLIANCE TO BID REQUIREMENT

18.1 Bharat Petroleum Corporation Limited expect Bidder’s compliance to requirement of Bidding Document

without any deviation and submit substantially responsive bid.

18.2 Bids not compliance to requirement of Bidding Document shall not be accepted and Bharat Petroleum

Corporation Limited may not seek any clarification / correspondence from bidders in case sufficient

acceptable bids are received. Therefore, bidders are requested to submit their bids complete in all respects.

18.3 Bidders shall ensure that their bids are complete in all respects and conform to terms, conditions and Bid

Evaluation criteria of Tender. Bids not complying with BHARAT PETROLEUM CORPORATION

LIMITED requirement and not submitted along with “Signed & Stamped” “Check List of Bids” as per

Form – 1, as confirmation of the same by Bidder, may be rejected without seeking any clarifications.

18.4 In any case, no exception or deviation shall be accepted to the following critical stipulations of Bidding

Document and bids containing deviations / exceptions to these shall be considered to be non-responsive and

are liable to be rejected:

• EMD/ BID SECURITY as per clause No. 9.0 & 10.0 of IFB

• BEC (Bid Evaluation Criteria) as per IFB

• Defect Liability Period

• Schedule of Works

• Completion schedule / Time Schedule

• Security Deposit / Performance Bank Guarantee

• Mobilization Advance

• Price Reduction Schedule

• Termination and suspension

• Force Majeure

• Scope of Work / Scope of Supply

• Liquidated Damages for Delay

• Integrity Pact

• Any other rejection criteria specified elsewhere in the Bidding Document.

18.5 The deviation on other clauses, if unavoidable, should be furnished as per Form-6 attached. Exception /

Deviations submitted in any other form and mentioned elsewhere in their Bid shall not be considered. If any

exception / deviation are acceptable to BPCL, the same shall be issued to all bidders through an amendment.

All other deviations / exceptions, not incorporated in amendment, shall be withdrawn by bidders failing which

offer of such bidders shall not be acceptable. If a bidder takes any further deviations other than those agreed,

while submitting the revised price bid / price implication (if any), his bid shall be rejected outright without

any reference. In case any deviations is found in the revised price bid / price implication, the bidder is also

liable to be placed on holiday for future tenders.

BPCL has initiated payments to Suppliers and Contractors electronically, and to facilitate the payments

electronically through 'e-banking'. The bidder should give the details of his bank account as per the bank

mandate form F-10.

20.0 CHECK LIST FOR SUBMISSION OF BID

20.1 To assist Bidder in ensuring the completeness of bid, a checklist for submission of various documents / details

in un-priced commercial part of bid, has been enclosed.

20.2 Bidder is required to fill the checklist and submit along with the bid for ready reference. All documents shall

be submitted under various sections as per this Check List.

C. BID SUBMISSION

21.0 SUBMISSION OF BID

21.1 For submission of Bid, due date and time for submissions of bids have been mentioned in the IFB. Bids cannot

be uploaded by bidders on the website beyond the Bid Due Date and time.

21.2 Bids shall be submitted through e-tender mode in the manner specified elsewhere in tender document. No,

Manual/ Hard Copy (Original) offer shall be acceptable.

22.0 DATE, TIME & PLACE OF SUBMISSION

22.1 Bid must be submitted by the bidder through e-tendering on or before bid due date and time mentioned in the

IFB or any extension thereof as duly notified at https://bpcltenders.eproc.in/ (However, Bidders are requested

not to ask any extension in due date for submission of Bids in view of tight project schedule.)

22.2 Bidders are advised in their own interest to carefully go through various help links provided at BPCL E

Tendering website so as to ensure that bids are uploaded in E-Tendering website well before the closing date

and time of bid submission.

22.3 In the event of failure in bidder’s connectivity with BPCL website during the last few hours on account of

problem on bidders account, they are likely to miss the deadline for bid submission. Due date extension

request due to this reason will not be entertained. In view of the same, bidders are advised to upload their bid

23.1 E-tendering system of BPCL shall close immediately after the due date & time for submission of bid and no

bids can be submitted thereafter.

23.2 Unsolicited Bids or Bids received to address other than one specifically stipulated in the tender document will

not be considered for evaluation/opening/award if not received to the specified destination within stipulated

24.0 MODIFICATION AND WITHDRAWAL OF BIDS

24.1 The Bidder may modify or withdraw its Bid after the Bid's submission but prior to the due date prescribed for

submission of Bids by selecting the detaching option available in the e-tender portal.

24.2 No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and the

expiration of the period of bid validity specified by the Bidder. Withdrawal of a bid during this interval shall

result in the liable for rejection of Bid offer and suspension of Bidder for specified time to bid in another

25.0 PURCHASER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

BPCL reserves the right to accept or reject any Bid, and to annul the Bidding process and reject all Bids, at

any time prior to award of Contract, without thereby incurring any liability to the affected Bidder or

Bidders or any obligations to inform the affected Bidder or Bidders of the ground for BPCL action. However,

Bidder if so desire may seek the reason (in writing) for rejection of their Bid to which BPCL shall respond

D. E-BID OPENING AND EVALUATION

26.0 OPENING OF BIDS

26.1 The un-priced Bids shall be opened online through e-tender portal, at the specified date and time given in

the RFQ document or extended otherwise. The Bidders who have submitted their Bid will be able to view

online the name & status of all the Bidders at their respective windows, after Bid opening by BPCL

27.0 CLARIFICATIONS OF BIDS

27.1 Bharat Petroleum Corporation Limited if necessary, will obtain clarifications on the submitted Bid offer, by

requesting for such information / clarification from any or all Bidders in response to their submitted Bid

documents, in writing. All responses shall be in writing, and no change in the price or substance of the bid

shall be permitted unless specifically sought by Bharat Petroleum Corporation Limited.

28.0 CONFIDENTIALITY

28.1 Information relating to the examination, clarification, evaluation and comparison of Bids, and recommendations

for the award of a Contract, shall not be disclosed to Bidder(s) or any other persons not officially concerned

with such process.

29.0 CONTACTING THE OWNER / CONSULTANT

29.1 From the time of Bid opening to the time of award of Contract, if any Bidder wishes to contact the Owner /

Consultant on any matter related to the Bid, it should do so in writing. Information relating to the examination,

clarification, evaluation & recommendation for award shall not be disclosed.

29.2 Any effort by the Bidder to influence the Owner / Consultant in the 'Bid Evaluation', 'Bid Comparison', or

'Contract Award' decisions may result in the rejection of the Bidder's Bid.

30.0 EVALUATION OF TECHNO-COMMERCIAL BIDS

30.1 Prior to price opening of bids Bharat Petroleum Corporation Limited will determine whether each bid

• Is accompanied by required EMD /Bid Security (as applicable as per Clause No. – 9.0 if IFB)

• Fulfils the Bid Evaluation Criteria (BEC) stated in IFB.

• Totally compliance to the requirement of the Bidding document.

• provides any clarifications and / or requirement pursuant to clause 27.0 above

30.2 Bidder shall submit all the details asked for with their Bid. However, Bharat Petroleum Corporation Limited

may give opportunity to the Bidders to submit missing details or clarifications within the stipulated time. In

case these are not submitted within stipulated time, offer of the Bidder will be evaluated based on available

details. The same shall be considered, if found adequate or else shall be rejected.

30.3 BPCL reserve the right to use in-house information for assessment of capability of Bidder and their

performance on jobs completed / in progress for evaluation purpose.

30.4 Pro-forma of Integrity Pact (IP) shall be returned by the Bidder along with the un-priced bid documents, duly

signed by the same signatory who is authorized to sign the bid documents. All the pages of the Integrity Pact

shall be duly signed. Bidder’s failure to return the IP duly signed along with the bid documents shall result in

the bid not being considered for further evaluation. Preforms of Integrity Pact is attached in tender document

30.5 Bidders may raise dispute / complaints, if any, with the nominated Independent External Monitors as

mentioned in the Integrity Pact Document.

30.6 Directives issued by Govt. of India from time to time shall be given due consideration during bid

31.0 OPENING OF PRICE BID

31.1 Price part of only those bidders, whose bids are considered techno-commercially acceptable, shall be opened

online. Bidders selected for opening of their price bids shall be informed about the date of price bid opening.

The considered techno-commercially acceptable Bidder will be able to view online the price sheets of other

techno-commercially acceptable bidders at their respective windows, after priced bid opening.

32.0 CORRECTION OF ERRORS

32.1 Bids determined to be substantially responsive will be checked by the Owner for any arithmetic errors (if

any). Errors will be corrected by the Owner as follows:

(i) When there is a difference between the evaluated rates in figures and words with respect to BPCL portal

generated price bid, the evaluated rate which corresponds to the amount (by multiplying the quantity and

evaluated rate) shall be taken as correct.

(ii) When the evaluated rate of the Bidder in figures and words tallies but the total amount is incorrect, the

evaluated rate shall be taken as correct and not the total amount and the total amount shall be recalculated/

corrected accordingly.

(iii) When it is not possible to ascertain the correct rate, in the manner prescribed above, the evaluated rate as

derived based on percentage (%) quoted by the Bidder, and the same evaluated derived rate shall be

adopted and the amount worked out, for comparison purposes.

32.2 In accordance with the above procedure for the correction of errors. If the Bidder does not accept the

corrected amount of bid, otherwise bid offer shall be liable for rejection and such bidder shall be suspended

for specified time to participate in other tender

33.0 EVALUATION OF PRICE BIDS

33.1 The Estimated item wise rates shall be published in price bid form for each Schedule of Works (SOW) line

item with quantity and the bidders are required to quote only the percentage (Plus (+) (increase), minus (-) (

decrease) or zero (0) (at par)) up to two decimal places. Bidders shall quote the percentage variation on total

estimated value published. This percentage variation as quoted by the bidder will apply uniformly to all the

items of Schedule of Works (SOW).

33.2 The evaluation shall be carried out on ‘lowest L1 cost basis’ including applicable GST, for complete scope

33.3 In case of tie (more than one bidder quote the same excess (+) / at par / less (-) on the offered total price) for

a particular part, reverse auction (RA) shall be conducted. The lowest evaluated offer considering the

maximum discount on the overall offered price will be declared as the start price for RA.

33.4 BPCL reserves the right to negotiate the rates with L1 bidder before finalizing the award.

BPCL NOT ENTITLED FOR INPUT CREDIT OF GST (CGST & /UTGST OR IGST) IN CASE

OF PRESENT TENDER.

 In case the bidder is covered under Composition Scheme under GST laws, then bidder should quote

the price inclusive of the GST (CGST & SGST/UTGST or IGST). Further, such bidder should

mention “Cover under composition system” in column for GST (CGST & SGST/UTGST or IGST)

 In case any chess on GST is applicable, same shall also be considered in evaluation.

 No tax input credit on account of Goods and Service Tax (GST), shall be considered for the purpose

 Conditional discount, if offered, shall not be considered for evaluation.

33.6 BIDS NOT CONFORMING TO TECHNICAL SPECIFICATIONS / REQUIREMENTS SHALL BE

34.0 PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES

NOT APPLICABLE FOR THIS TENDER.

35.0 ANTI-PROFITEERING CLAUSE

As per Clause 171 of GST Act it is Mandatory to pass on the benefit due to reduction in rate of tax or from

input tax credit to the consumer by way of commensurate reduction in prices. The Supplier of Goods /

Services may note the above and quote their prices accordingly. Bidder shall submit an undertaking to this

effect as per the format enclosed.

36.0 PROVISION REGARDING POLICY TO PROVIDE PURCHASE PREFERENCE

(LINKED WITH LOCAL CONTENT) (PP-LC)

(POLICY AMENDED AS DEFINED IN GAZETTE NOTIFICATION NO. FB/20013/2 / 2017-FP-

PNG DATED 23.02.2022 OF MINISTRY OF PETROLEUM & NATURAL GAS)

Refer Amended PP-LC Guideline at Annexure-I to ITB)

37.0 UNSOLICITED POST TENDER MODIFICATION

37.1 Bidders are advised to quote (plus (+) (increase), minus (-) (decrease) or zero (0) (at par)) as per terms and

conditions of the Bidding Document and not to stipulate deviations / exceptions. Once quoted, the bidder

shall not make any subsequent price changes, whether resulting or arising out of any technical / commercial

clarifications and details sought on any deviations, exceptions or stipulations mentioned in the bid unless

any amendment to Bidding Document is issued by BPCL Similarly, no revision in quoted price shall be

allowed and deviations stipulated by him are not accepted by Owner and are required to be withdrawn by

him/ Bidder in favor of stipulation of the Bidding Document. Any unsolicited proposed price change is likely

to render the bid liable for rejection.

37.2 In the event of any sub-Moto price increase sought by a bidder subsequent to the bid due date and which is

not as a result of any change in scope of work or terms and conditions, the bid of such a bidder shall be

37.3 After opening of price bid, if the bidder increases the price, though within the validity period and even

though the offer remains lowest, the bid should be rejected. In such event, Bid offer shall not be considered

for future enquiries for such actions.

37.4 Suo-moto Price reduction after price bid opening are to be ignored for evaluation. However, if the same

bidder happens to be the lowest based on original price bids, the benefit of such reduction may be availed of

while placing order.

37.5 Canvassing in any form will make the bid liable for rejection.

F. AWARD OF CONTRACT

38.0 AWARD OF CONTRACT

38.1 Subject to various clauses of ITB, the Owner will place the order on the successful bidders whose bid have

been determined to be substantially responsive and have been selected for award on GRAND TOTAL WISE

LOWEST L1 COST BASIS.

39.0 DOCUMENT VERIFICATION

39.1 Document verification with originals shall be carried out only for the successful bidders (s) after opening of

price bids. The technical qualification of the bidders shall be based on the document submitted by bidders

in the bid offer / TQ/CQ. Recommendations for award of contract shall be made only after verification of

documents with originals of the successful bidder (s).

39.2 As the documents are being submitted by the bidders in bid offer / TQ/CQ, the responsibility of authenticity

of documents shall be with bidders.

39.3 In case it is observed that any bidder has submitted forged documents, necessary action for holidays listing

of the bidder in line with Owner’s holiday listing guidelines shall be carried.

39.4 Statutory documents shall also be verified from online portal.

39.5 The bidders shall be required to present their original documents to tender inviting authority within a period

of Seven (07) days from date of opening of Price bids.

39.6 Please note that in event of failure of the bidder to get the original documents verified within the stipulated

time, Owner reserves the right to cancel his bid and the bidder shall be liable for necessary action for holidays

listing in line with Owner’s holiday listing guidelines.

40.0 RIGHT TO ACCEPT OR REJECT ANY BID

40.1 BPCL reserves the right to accept or reject any bid and to annul the bidding process and reject all bids at any

time prior to award of contract, without thereby incurring any liability to the affected bidder or bidders or

without any obligation to inform the affected bidder or bidders of the grounds or the reasons for BPCL’s

41.0 NOTIFICATION OF AWARD / LETTER OF ACCEPTANCE

41.1 Bidder, whose bid is accepted by BPCL, shall be issued “Letter of Acceptance (LOA)” prior to expiry of

bid validity. Bidder shall confirm acceptance by returning a signed copy of the Letter of Acceptance

(LOA) within Three (03) days, otherwise it is understood that Letter of Acceptance (LOA) is deemed

acceptable to Bidder.

41.2 Bharat Petroleum Corporation LIMITED shall not be obliged to furnish any information / clarification /

explanation to the unsuccessful Bidders as regards non-acceptance of their bids, BPCL shall correspond only

with the successful Bidder".

42.0 CONTRACT AGREEMENT AND SIGNING OF AGREEMENT

42.1 The Contractor shall execute a formal contract with BPCL within specified period from the date of issue of

Detailed Letter of Acceptance on a non-judicial stamp paper and of appropriate value. The cost of nonjudicial

stamp paper shall be borne by the Contractor.

42.2 Contract documents for agreement shall be prepared after the acceptance of bid. Until the final contract

documents are prepared and executed, this Bidding Document together with the annexed documents,

modifications, deletions agreed upon by BPCL and bidder’s acceptance thereof shall constitute a binding

contract between the successful Bidder and BPCL based on terms contained in the aforesaid documents and

the finally submitted and accepted prices.

42.3 The contract shall be signed directly between Owner and Contractor.

42.4 The Contract document shall consist of the following:

i) Contract Agreement on Non Judicial Stamp Paper

ii) Detailed Letter of Award / Acceptance along with enclosures

iii) Original Bidding Document.

iv) Amendment / Corrigendum to original Bidding Document issued, if any.

v) Letter of Intent (LOI)

vi) Integrity Pact

42.5 For all works of value 2 (Two) Lakhs and more, a formal agreement shall be signed between BPCL and

Contractor in the format given in GCC, on non-judicial stamp paper of appropriate value. Cost of stamp

paper shall be borne by the Contractor. Payments for such jobs shall be made by BPCL only after signing

agreement by authorized representatives of BPCL and the Contractor. One original plus 2 (Two) copies of

the contract documents shall be signed by the contractor and other copies shall be stamped. Original

agreement on stamp paper shall be retained by BPCL and one signed copy shall be given to Consultant and

the Contractor.

43.0 MODIFICATION OF INSTRUCTIONS TO TENDER

43.1 Instructions to Tenderers of GCC stand modified to the extent as specified in this Instructions to Bidders.

44.0 CONTRACT PERFORMANCE GUARANTEE / SECURITY DEPOSIT

44.1 After Notification of Award of works by BPCL, the successful bidder shall furnish a performance guarantee

/ security deposit. The Security Deposit may be furnished in the form of Accountant Payee Demand Draft

payable to BPCL or Bank Guarantee in the prescribed format. The BG 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.

45.0 CARTEL FORMATION

45.1 In case any Bidder is found to be involved in cartel formation, his bid will not be considered for evaluation

/ placement of order. Such bidder will also be debarred from bidding in future.

46.0 FRAUDULENT PRACTICES

46.1 BPCL requires that Bidders / Vendors / Contractors observe the highest standard of ethics during the award

/ execution of Contract. “Fraudulent Practices” means a misrepresentation of facts in order to influence the

award of a Contract to the detriment of BPCL, and includes collusive practice among bidders (prior to or

after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive

BPCL of the benefits of free and open competition.

46.2 BPCL will reject a bid for award if it determines that the bidder recommended for award has engaged in

fraudulent practices in competing for the Contract in question.

46.3 Bidder is required to furnish the complete and correct information / documents required for evaluation of

their bids. If the information / documents forming basis of evaluation is found to be false / forged, the same

shall be considered adequate ground for rejection of bids.

46.4 In case, information / document furnished by the Bidder / Vendor / Contractor forming basis of evaluation

of his bid is found to be false / forged after the award of the contract. BPCL shall have full right to terminate

the contract and get the remaining job executed at the risk & cost of such Bidder / Vendor / Contractor

without any prejudice to other rights available to BPCL under the contract such as forfeiture of CPBG /

Security Deposit, withholding of payment etc.

46.5 In case, this issue of submission of false document comes to the notice after execution of work, BPCL shall

have full right to forfeit any amount due to the Bidder / Vendor / Contractor along with forfeiture of CPBG

/ Security Deposit furnished by the Bidder / Vendor / Contractor.

46.6 Further, such Bidder / Vendor / Contractor shall be put on Blacklist / Holiday / Negative List of BPCL

debarring them from future business with BPCL for a time period, as per the prevailing policy of BPCL

47.0 INTEGRITY PACT

The bidder(s) are required to execute the “Integrity Pact” attached in the Bid Document. In case a bidder

does not sign the Integrity Pact, his bid shall be liable for rejection.

48.0 PROVISIONS FOR STARTUPS

[NOT APPLICABLE FOR THIS TENDER]

49.0 IEM DETAILS - Integrity Pact Program –

Details of Independent External Monitors:-

Shri. Ramabhadran Shri. Jagadip Narayan Singh Shri. Anupam

Ramanujam Kulshreshtha

ADDRESS ADDRESS ADDRESS

44/24, 3rd trust Cross Street Address : C- 54, Bharatendu B-3/3, ‘Yarrows

Mandavelipakkam, Harischandra Marg, Anand Vihar, Apartments’, Plot C-58/5,

Chennai, 600028 New Delhi- 110092 Sector

Tamil Nadu Noida, UP -201309

[email protected] Email : [email protected] [email protected]

Mob. No. 09495511954 Mob. No : 9978405930 Mob. No.

GENERAL CONDITIONS OF CONTRACT (GCC)

THE GCC DATED 22.01.2020 OF

BHARAT PETROLEUM CORPORATION LIMITED (BPCL)

ALL THE TERMS & CONDITIONS IN THE ENCLOSED GCC SHALL BE

APPLICABLE FOR THIS TENDER.

SECTION/ DETAILS

I DEFINITION OF TERMS

II GENERAL INFORMATION ABOUT SITE

2.1 LOCATION OF SITE & ACCESSIBILITY

2.2 SCOPE OF WORK

2.3 LAND FOR CONTRACTOR’S FIELD, GODOWN AND WORKSHOP

2.4 SAFETY STANDARDS FOR TEMPORARY BUILDINGS

III GENERAL INSTRUCTION FOR THE TENDERER

3 SUBMISSION OF TENDER

5 PURCHASE PREFERENCE

6a EARNEST MONEY

6b CONVERSION OF EMD TO SECURITY DEPOSIT

7a BID VALIDITY

7b LANGUAGE OF BID

8 ADDENDA / CORRIGENDA

9 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

10a INTEGRITY PACT (IP)

10b HOLIDAY LISTING

10c FOREIGN BIDDERS

11 COLLECTION OF DATA TENDERER’S RESPONSIBILITY & TIME SCHEDULE

12 RETIRED GOVERNMENT OR COMPANY OFFICER

13 SIGNING OF THE CONTRACT

14a FIELD MANAGEMENT

14b CONSULTANCY CONTRACTS

IV INTERPRETATION OF CONTRACT DOCUMENTS

15 INTERPRETATION OF CONTRACT DOCUMENT

16 SPECIAL CONDITIONS OF CONTRACT

17 CONTRACTOR TO OBTAIN HIS OWN INFORMATION

18 PERFORMANCE SECURITY DEPOSIT/RETENTION MONEY

19 TIME OF PERFORMANCE

20 FORCE MAJEURE

21 EXTENSION OF TIME

22 LIQUIDATED DAMAGES FOR DELAY

SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS

23 REASONABLE COMPENSATION

WITHOUT REFERENCE TO ACTUAL LOSS

24 TERMINATION / OFFLOADING

25 FORFEITURE OF SECURITY DEPOSIT

26 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED

CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT TAKEN

27 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

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,

91 CONTRACTOR TO INDEMNIFY THE OWNER

92a HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS

92b MEDICAL FITNESS CERTIFACATION

93 SAFETY REGULATIONS

95 JURISDICTION

96 ORDER OF PRECEDENCE FOR WORKS/SERVICES CONTRACTS

97 LIMITATION OF LIABILITY

POLICE VERIFICATION OF CONTRACT STAFF AND TRANSPORT CREW AT

100 BUILDING AND OTHER CONSTRUCTION WORKERS CESS

IX MEMORANDUM OF AGREEMENT

PROFORMA OF BANK GUARANTEE

TAX RESIDENCY CERTIFICATE

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 meanings:

1) “The Owner/Company/BPCL” means the Bharat Petroleum Corporation Limited , incorporated in India

having its registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai - 400 038 or their successors

2) “The Contractor” means the person or the persons, firm or Company whose tender has been accepted by the

Owner and includes the Contractor’s legal representative, his successor and permitted assigns.

3) The “Managing Director” shall mean the Chairman and Managing Director of the Bharat Petroleum

Corporation Limited or his successor in office designated by the Owner.

4) The “Engineer-in-Charge” shall mean the person designated as such by the Owner and shall include those

who are expressly authorized by the Owner to act for and on his behalf for operation of this contract.

5) The “Work” shall mean the works to be executed in accordance with the contract or part thereof as the case

may be and shall include extra, additional, altered or substituted works as required for purpose of the contract.

6) The “Permanent Work” means and includes works which will be incorporated in and form a part of the work

to be handed over to the Owner by the Contractor on completion of the contract.

7) The “Construction Equipment” means all appliances, Tools/Tackles and equipment of whatsoever nature for

the use in or for the execution, completion, operation or maintenance of the work unless intended to form part

of the Permanent work.

8) The “Site” means the areas on which the permanent works are to be executed or carried out and any other

places provided by the Owner for purpose of the contract.

9) The “Contract Document” means collectively the Tender Document. Designs. Drawings or Specifications,

agreed variations, if any, and such other document constituting the tender and acceptance thereof.

10) The “Consultant” means the consulting engineers Nominated/appointed by the Owner for this Project / 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.

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, equipment’s / Tools and Tackles / Supervision / labor 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 of 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 of as aforesaid. But the Owner reserves the

right to ask the Contractor any time during the pendency of the contract to vacate the l and by giving

seven day notice on security reasons or on material interest otherwise.

2.4 SAFETY STANDARDS FOR TEMPORARY BUILDINGS

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, super scribing 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

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

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

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 favor of “Bharat Petroleum Corporation Ltd.” / Electronic Funds Transfer to BPCL Bank Account

/ Bank Guarantee executed by any Scheduled Bank approved by Reserve Bank of India (as per Proforma

provided in Annexure). Earnest Money Deposit (EMD) shall be valid for a period of 6 (Six) months from

the due date of opening of Techno-commercial Bids and shall be submitted from any Indian Scheduled

Commercial Bank / Indian Branch of Foreign Bank. EMD submitted by foreign vendors shall be in USD /

In case of limited tender, Earnest Money deposit (EMD) is not applicable for registered contractors of

NOTE: Exemption of Bidding Document fee and EMD will be applicable for Micro and Small Enterprises

(MSEs) registered with District Industries Centre’s (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 up to validity of the offer, indicating that their registration includes the items/works

under tender. The registration certificate should remain valid during the period of the contract that may be

entered into such successful bidder. Such tenderers should ensure validity of the Registration Certificate

for the purpose.

NOTE: No interest shall be paid by the Owner on the earnest money deposit by the tenderer. The earnest

money of the unsuccessful tenderer will be refunded after the completion of BQC evaluation / Technical

Evaluation / Priced Bid Evaluation as applicable.

(b) CONVERSION OF EMD TO SECURITY DEPOSIT:

The earnest money deposit (EMD) of the contractor whose tender may be accepted, if paid in forms other

than Bank Guarantee, can be converted to security deposit for due performance of the contract if the

contractor so desires. The “performance security deposit/retention money” vide clause 18 shall also be

applicable limiting to a maximum of 10% of the contract value.

7 (a) BID VALIDITY:

Tender submitted by tenderers shall remain valid for acceptance for a period of four months from the

date of opening of the tender (Technical Bid in the case of two bid). The tenderer shall not be entitled

during the said period of four months, without the consent in writing of the Owner, to revoke, or cancel

his tender or vary the tender given or any term thereof. In case of tenderer revoking or canceling his

tender, varying any terms in regard thereof without the consent of Owner in writing, appropriate penal

action will be taken by BPCL as deemed fit including putting the tenderer/contractor on ‘Holiday

listing’/’Delisting’ barring the tenderer/contractor from participating in future tenders for an appropriate

period from the date of revocation/cancellation/varying the terms. Further in the case of contractors who

are not registered with BPCL, the earnest money deposited by him will be forfeited. Once the quotation

is accepted the rates quoted shall be firm till the entire work is completed.

(b) LANGUAGE OF BID:

The Bid, all correspondence and documents relating to the bid, between Bidder and BPCL, shall be written

in English language only. Any supporting document furnished by Bidder may be written in other language

provided that this literature is accompanied by an authenticated English translation in which case, for

purpose of interpretation of the Bid, the English translation shall govern.

8 ADDENDA / CORRIGENDA:

Addenda/ Corrigenda to the tender documents may be issued prior to the date of opening of the tenders

to clarify documents or to effect modification in the design or tender terms. All addenda/corrigenda

issued shall become part of tender Document.

9 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER:

9.1 The right to accept the tender will rest with the Owner. The Owner, however, does not bind itself to accept

the lowest tender, and reserves to itself the authority to reject any or all the tenders received without

assigning any reason whatsoever.

9.2 The whole work may be split up between two or more contractors or accepted in part and not entirely if

considered expedient.

9.3 Tenders in which any of the particulars and prescribed information’s 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:

http://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf.

(c) FOREIGN BIDDERS:

It is mandatory for the foreign bidder to furnish the documents for the compliance to requirement of PAN

No. , Tax Residency Certificate and Form No.10F (applicable for foreign bidder in case of services in

India is required as per scope of bidding document) as per Income Tax Act in case his receipts are subject

to tax deduction at source in India:

PAN as per the Indian Income Tax requirements shall be submitted, failing which the

Supplier/Contractor/Consultant shall be responsible for any additional tax deduction at source as per 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 assesse

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 assesse 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 COMPANY OFFICER:

No Engineer of Gazettes rank or other Gazettes 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

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 decision.

15.2 Works shown upon the drawing but not mentioned in the specifications or described in the specification

without being shown on the drawings shall nevertheless be held to be included in the same manner as if

they had been specifically shown upon the drawings and described in the specifications.

15.3 Headings and marginal notes to the clauses of these General Conditions of Contract or to specifications or to

any other tender document are solely for the purpose of giving a concise indication and not a summary of the content thereof, and

they shall never be deemed to be part thereof or be used in the interpretation or construction thereof of the Contract.

16.4 Singular and Plural:

In these contract documents unless otherwise stated specifically, the singular shall include the plural and

vice-versa wherever the context so requires. Words indicating persons shall include relevant

incorporated companies/ registered as associations/ body of individual/ firm or partnership

16 SPECIAL CONDITIONS OF CONTRACT:

16.1 Special Conditions of contract shall be read in conjunction with the General Conditions of Contracts,

specification of work, Drawings and any other documents forming part of this contract wherever the

context so requires.

16.2 Notwithstanding the sub-division of the documents into these separate sections and volumes every part

of each shall be deemed to be supplementary to and complementary of every other part and shall be read

with and into the contract so far as it may be practicable to do so.

16.3 Where any portion of the General Conditions of Contract is repugnant to or at variance with any

provisions of the Special Conditions of Contract then, unless a different intention appears the provisions

of the Special Conditions of Contract shall be deemed to over-ride the provision of the General

Conditions of Contract and shall to the extent of such repugnance or variations, prevail.

16.4 Wherever it is mentioned in the specifications that the Contractor shall perform certain work or 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 himself 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 contained.

18 PERFORMANCE SECURITY DEPOSIT/RETENTION MONEY:

18.1 To ensure performance of the contract and due discharge of the contractual obligations, the successful

contractor will have to provide security deposit of 10% of the basic value of contract unless otherwise

specified in the Special Conditions of Contract. Amount received/retained towards this clause will be

considered as security deposit.

This Security deposit may be furnished in the form of an Account payee Demand Draft payable to BPCL

or Bank Guarantee in the prescribed format. The contractor shall have the option to adjust any Earnest

Money Deposit- (EMD) if paid by demand draft towards security deposit if he so desires or otherwise if

submitted by way of bank guarantee the validity of the same to be extended suitably as advised by BPCL.

In the case of security deposit submitted in the form of Bank guarantee, the Bank Guarantee shall be

valid and remain in force till the contractual completion period (expiry of the defect liability period-

refer clause-74, if applicable) and with a claim period of six months thereafter. The Bank Guarantee

shall be in the form prescribed.

In case the successful contractor is not furnishing the performance security deposit as referred above on

award of the job, the same shall be deducted from each running account bills at the rate of 10% of bill

value till overall security deposit of 10% as mentioned above is collected.

The security deposit will be retained till the successful completion of the work and thereafter till the

expiry of the defect liability period (refer clause-74), if applicable. This retention money/Bank guarantee

held shall be released after the expiry of the defect liability period provided that any defects appearing

during that period are corrected by the contractor and subject to Clause 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 @ 10% within 15 days of

notification of award. In case of Annual Rate Contracts (ARCs): Submission of PBG @ 10% of Total

Contract Value (TCV) or submission of initial security deposit @ 2.5% of TCV within 15 days of

notification of award. In cases where only 2.5% of TCV has been submitted, 7.5% of individual release

order shall be subsequently deducted from RA bills.

Vendors/contractors shall be asked to submit the SD within 15 days from the date of notification of award

and in the event of delay in submission of SD, the contract can be terminated. However, if termination of

contract is not in the interest of the work/ BPCL, an additional time up to 30 days can be allowed for

submission of SD depending on merits of each case, beyond which the contract may be terminated with

subsequent actions following termination as per tender/procedure.

18.2 If the contractor/ sub-contractor or their employees shall break, deface or destroy any property belonging

to the Owner or other agency during the execution of the contract, the same shall be made good by the

Contractor at his own expenses and in default thereof, the Engineer-in-Charge may cause the same to be made good

by other agencies and recover expenses from the contractor (for which the certificate of the Engineer-in-Charge shall be final).

These expenses can be recovered from the security deposit/retention money if recovery from other sources is not possible.

18.3 All compensation or other sums of money payable by the contractor to the Owner under terms of this contract may be deducted

from his security deposit/retention money or from any sums which may be or may become due to the contractor by the Owner on

any account whatsoever and in the event of his security deposit/retention money being reduced by reasons of any such deductions.

The contractor shall within ten days thereafter make good any sum or sums, which may have been deducted from his security

Deposit/retention money. No interest shall be payable by the Owner from sum deposited as security deposit/retention money.

18.4 The security deposit shall be held by the Owner, as security for the due performance of the Contractor’s obligations under the

contract, provided that nothing herein stated shall make it incumbent upon the Owner to utilize the security deposit/retention

money in preference to any other remedy which the Owner may have, nor shall be construed as confining the claims of the Owner

against the contractor to the quantum of the Security Deposit/retention money.

18.5 The Bank guarantee if submitted shall be from any Indian scheduled bank or an international bank of

repute having a branch in India or a corresponding banking relationship with an Indian scheduled bank.

The security deposit/retention money shall be in Indian Rupee in the case of domestic bidders and in US

Dollars/EUROS in the case of foreign bidders.

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

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

BPCL 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 Bank confirming the authenticity of Bank Guarantee who in turn shall send the

confirmation to BPCL.

Name of Bank: State Bank of India

Branch CAG Branch, Mumbai

IFSC Code: SBIN0009995

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

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) Ionizing radiation or contamination, radio activity from any nuclear fuel or from any nuclear

waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous

properties of any explosive assembly or nuclear component;

(d) epidemics, earthquakes, flood, fire, hurricanes, typhoons or other physical natural disaster, but

excluding weather conditions regardless of severity; and

(e) freight embargoes, strikes at national or state-wide level or industrial disputes at a national or

state-wide level in any country where Works are performed, and which affect an essential

portion of the Works but excluding any industrial dispute which is specific to the performance

of the Works or the 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 Force Majeure.

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

a) Any costs, losses, expenses, damages or the payment of any part of the

Contract Price during an event of Force Majeure; and

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

Force Majeure. Time extension for such cases will be worked out

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 if submitted, towards security Deposit/retention

money suitably.

22. LIQUIDATED DAMAGES FOR DELAY:

22.1 Time is the essence of the contract. In case the contractor fails to complete the whole work

within the stipulated period, he shall be liable to pay liquidated damages of 0.5% of the basic

value of contract per week and or part thereof of the delay subject to a maximum of 5% of the

value of the contract. The parties agree that this is a genuine pre- estimate of the loss/damage

which will be suffered by the owner on account of delay on the part of the contractor and the

said amount will be payable on demand without there being any proof of the actual loss or

damages having been caused by such delay/breach. The owner shall be at liberty to adjust or

deduct the said amount of liquidated damages from any amount due to the contractor including

Security Deposit. In case where the concluded contract value is different from the original

contract value due to the change orders/variation in executed quantities/extension of time, etc.,

the concluded contract value should be considered for recovery of Liquidated Damages for late

delivery/delayed completion.

22.2 The owner shall be at liberty to deduct or retain from any amount payable to the contractor

periodically, the proportionate or full amount of liquidated damages as the case may be for the

delay periodically caused by the contractor.

23 SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS

REASONABLE COMPENSATION WITHOUT REFERENCE TO 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 SECURITY DEPOSIT:

Whenever any claim against the Contractor for the payment of a sum of money arises out of or

under the contract, the Owner shall be entitled to recover such sum by appropriating in part or

whole, security deposit of the contractor, forming whole or part of such security being

insufficient or if no security has been taken from the Contractor then the balance or the total

sum recoverable, as the case may be, shall be deducted from any sum then due or which at any

time thereafter may become due to the Contractor. The contractor shall pay to the owner on

demand any balance remaining due.

26 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED:

In any case in which, under any clause or clauses of this contract, the contractor shall have

forfeited the whole of his security deposit (whether paid in one sum or deducted by installment)

or have committed a breach of any of the terms contained in this contract, the owner shall have

power to adopt any of the following courses as he may deem best suited to his interest:

a) To rescind the contract (of which rescission notice in writing to the contractor under the hand

of the owner shall be conclusive evidence) in which case the security deposit of the contractor

shall stand forfeited and be absolutely at the disposal of the Owner.

b) To employ labor paid by the owner and to supply materials to carry out the work any part of

the work, debiting contractor with the labor cost of tools and plants and equipment charges, the

cost of the materials for which a certificate of the Engineer-in-Charge shall be final and

conclusive against the Contractor and 10% of costs as above to cover all departmental charges

and crediting him with the value of the work done in all respects in the manner and at the same

rates as if it had been carried out by the Contractor under the term of his contract. The certificate

of Engineer-in-Charge as to the value of the work done shall be Final and conclusive against

the contractor.

c) To measure up the work of the contractor and to take such part thereof as shall be unexecuted

out of his hand to give it to another contractor to complete in which case any expenses which

may be incurred in excess of the sum which would have been paid to the original contractor, if

the whole work had been executed by him (of the amount of which excess, the certificate in

writing of the Engineer-in-Charge shall be final and conclusive) shall be borne and paid by the

original contractor and may be deducted from any money due to him by the Owner under the

contract or otherwise or from his security deposit or from the proceeds of sale thereof, of a

sufficient part thereof.

In the event of any of the above course being adopted by the Owner, the contractor shall have

no claim to compensation for any loss sustained by him by reason of his having purchased or

procured any materials or entered into any agreements or made any advances on account of or

with a view to the execution of the work of the performance of the contract. In case the

Contractor shall not be entitled to recover or be paid any sum for any work actually performed

under this contract unless the Engineer-in- Charge will certify in writing the performance of

such work and the value payable in respect thereof and he shall only be entitled to be paid the

value so certified.

27 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT TAKEN

UNDER CLAUSE 26:

In any case in which any of the powers conferred upon the owner by clause 26 thereof shall have become

exercisable and the same had not been exercised, the non-exercise thereof shall not constitute a waiver

of any of the conditions hereof and such powers shall notwithstanding be exercised in the event of any

further case of default by the contractor for which any clause of hereof he is declared liable to pay

compensation amounting to the whole of his security deposit and the liability of the contractor for past

and future compensation shall remain unaffected. In the event of the Owner putting in force the power

under sub-clause (a), (b) or (c) vested in him under the proceeding clause he may, if he so desires takes

possession of all or any tools and plants materials and stores in or upon the works or the site thereof

belonging to the contractor or procured by him and intended to be used for the execution of the work or

any part thereof paying or allowing for the same in account at the contract rates or in case of these not

being applicable at current market rates to be certified by the Engineer-in-Charge whose certificate

thereof shall be final otherwise the Engineer-in-Charge may give notice in writing to the contractor or

his clerk of the works, supervisor or other authorized agent, requiring him to remove such tools, plant,

materials or stores from the premises (within a time to be specified in such notice) and in the event of

the contractor failing to comply with any such requisition, the Engineer-in-Charge may remove them at

the contractors expense or sell them by auction or private sale on account of the contractor and at his

risk in, all respects without any further notice as to the date, time or place of sale and the certificate of

the Engineer-in-Charge as to the expense of any such removal and the amount of proceeds and any

expenses of any such sale shall be final and conclusive against the contractor.

28 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK:

If at any time from the commencement of the work the owner shall for any reasons whatsoever, not

require the whole or part thereof as specified in the tender to be carried out, the Engineer-in-Charge shall

give notice in writing of the fact to the contractor, who shall have no claim to any payment or

compensation whatsoever on account of any profit or advantage which he might have derived from the

execution of the work in full, but which he did not derive in consequence of the full amount of the work

not having been carried out, neither shall he have any claim for compensation by reason of any alterations

having been made in the original specifications, drawings, designs and instructions which shall involve

any curtailment of the work as originally contemplated.

29 CHANGES IN CONSTITUTION:

Where the contractor is a partnership firm, the prior approval, in writing, of the Owner shall be obtained

before any change is made in the constitution of the firm, where the contractor is an individual or a Hindu

undivided family business concern, such approval as aforesaid shall likewise be obtained before sub-

contractor enters into any agreement with other parties, where under the reconstituted firm would have

the right to carry out the work hereby undertaken by the contractor. In either case if prior approval as

aforesaid is not obtained, the contract shall be deemed to have been allotted in contravention of clauses

35 hereof and the same action may be taken and, the same consequence shall ensure as provided in the

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

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 equipment’s 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 here with.

34.3 The contractor shall be responsible for the proper behavior 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:

Subletting of contracts shall not be generally permitted. However owner may permit subletting

of work on specific cases subject to the following:-

i) No part of the contract nor any share of interest there shall in any manner or degree be

transferred assigned sublet by the contractor directly or indirectly to any firm or

corporation whosoever except as provided for in the succeeding sub-clause, without the

consent in writing of the Owner.

ii) Sub-Contractors for Temporary Works Etc.:- The Owner may give written consent to sub-

contract for execution of any part of the works at the site, being entered into by the

contractor provided each individual sub-contract is submitted to the Engineer-in-Charge

before being entered into and is approved by him.

iii) List of Sub-Contractors to be supplied: - At the commencement of every month the

contractor shall furnish to the Engineer-in-Charge list of all sub-contractors or firms

engaged by the contractor and working at the site during the previous month with

particulars of the general nature of the sub-contract or works.

iv) Contractor’s Liability Not Limited By Sub-Contractors:- Notwithstanding any sub-letting

with such approval as aforesaid and notwithstanding that the Engineer-in-Charge shall

have received copies of any sub-contracts, the contractor shall be and shall remain solely

responsible for the quality and proper and expeditious execution of the works and the

performance of all the conditions of the contract in all respects as if such sub-letting or

subcontracting had not taken place and as if such work had been done directly by the

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 relieves the contractor of any of his liabilities under the contract or give

rise to any right to compensation, extension of time or otherwise failing which, the owner

shall have right to remove such sub-contractors from the Site.

36 POWER OF ENTRY:

If the contractor shall not commence the work in the manner previously described in the contract

document or if he shall, at any time in the opinion of the Engineer-in-Charge.

i. Fail to carry out the works in conformity with the contract documents, or

ii. Fail to carry out the works in accordance with the time schedule, or

iii. Substantially suspend work or the works for a period of Fourteen days without

authority from the Engineer-in-Charge, or

iv. Fail to carryout and execute the works to the satisfactions of the Engineer-in-

v. Fail to supply sufficient or suitable constructional equipment’s, temporary works, labor

materials or things, or

vi. Commit or suffer or permit any other breach of any of the provisions of the contract on his

part to be performed or observed or persist in any of the above mentioned breaches of the

contract for the fourteen days, after notice in writing shall have been given to the Contractor

by the Engineer-in-Charge requiring such breach to be remedied, or

vii. Abandon the works, or

viii. During the continuance of the contract, become bankrupt, make any arrangement or

composition with his creditors, or permit any execution to be levied or go into liquidation

whether compulsory or voluntary not being merely a voluntary liquidation for the purpose of

amalgamation or 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 equipment’s 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 contractors. The

contractor shall co- operate and afford other contractors reasonable opportunity for access to

the works for the carriage and storage of materials and execution of their works.

ii) Whenever the work being done by any department of the Owner or by other contractors

employed by the Owner is contingent upon work covered by the contract, the respective rights

of the various interests involved shall be determined by the Engineer-in-Charge to secure the

completion of the various portions of the work in general harmony.

41 RIGHT OF OWNER TO DETERMINE / TERMINATE CONTRACT

i) Owner shall, at any time be entitled to determine and terminate the contract, if in the opinion

of the Owner the cessation of the work becomes necessary owing to paucity of funds or for any

other cause whatsoever, in which case, the cost of approved materials at the site at current

market rates as verified and approved by Engineer-in- Charge and of the value of the work

done to date by the contractor shall be paid for in full at the rates specified in the contract. A

notice in writing from the Owner to the contractor of such determination and termination and

the reason thereof, shall be the conclusive proof of the fact that the contract has been so

determined and terminated by the Owner.

ii) Should the contract be determined under sub-clause (i) of this clause and the contractor claims

payments to compensate expenditure incurred by him in the expectation of completing the

whole of the work, the Owner shall consider and admit such claim as are deemed fair and

reasonable and are supported by vouchers to the satisfaction of the Engineer-in-Charge. The

Owner’s decision on the necessity and propriety of any such expenditure shall be final and

conclusive and binding on the 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

a. the contract price attributable to the works performed as at the date of termination and

b. the reasonable costs incurred by the contractor for termination of subcontractors or the

repatriation of the contractors’ and subcontractors’ employees less the aggregate of all

previous payments allocated to 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 license 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 practiced 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 licenses, and pay such royalties and license 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 license, 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 license 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

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

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 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 OF WORK:

The coordination and inspection of the day-to-day work under the contract shall be the

responsibility of the Engineering- 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 AND DEWATERING:

48.1 The completion of the work may entail working in the monsoon also. The contractor must

maintain a minimum labor 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 AND HOLIDAYS:

For carrying out work on Sundays and Holidays if needed, the contractor will approach the

Engineer-in-Charge or his representative at least two days in advance and obtain permission in

writing. No special compensation on this account will be payable.

50 GENERAL CONDITIONS FOR CONSTRUCTION AND ERECTION WORK:

50.1 Place of Work:

The work has to be executed at specified premises as per the tender. Contractor should apprise

himself of all the conditions prevailing in such location and the restrictions placed on

movement of personnel and equipment, types of equipment and tools permitted, working

methods allowed etc. in the light of security and safety regulations operative in the area.

The safety regulations to be complied with, by the contractor will also be provided along with

the tender. No idle time wages or compensation for temporary stoppage of work or restrictions

would be paid, and the rate quoted for the various items of work should cover the cost of all

such contingencies and eventualities. Substantial structures and utilities exist both above

ground and underground, adjacent to the work site. (The construction activity gets restrained

by the existence of such structures and utilities). Special care is necessary in transportation,

storage, working on equipment’s 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 preforms of the report will mutually be agreed after the

award of contract.

51 DRAWINGS TO BE SUPPLIED BY THE OWNER:

51.1 Where drawings are attached with tender, these shall be for the general guidance of the

contractor to enable him to visualize the type of work contemplated and scope of work

involved. The contractor will be deemed to have studied the drawings and formed an idea

about the work involved.

51.2 Detailed working drawings on the basis of which actual execution of the work is to proceed

will be furnished from time to time during the progress of the work. The contractor shall be

deemed to have gone through the drawings supplied to him thoroughly and carefully and in

conjunction with all other connected drawings and bring to the notice of the Engineer-in-

Charge, discrepancies, if any, therein before actually carrying out the work.

51.3 Copies of all detailed working drawings relating to the works shall be kept at the contractor’s

office of the site and shall be made available to the Engineer-in-Charge at any time during the

contract. The drawings and other documents issued by the Owner shall be returned to the

Owner on completion of the works. Reference is also invited to clause 43.2 and 43.3 above

regarding drawings and other documents.

52 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR:

52.1 Where drawings/data are to be furnished by the contractor, they shall be as enumerated in the

special conditions of contract, and shall be furnished within the specified time.

52.2 Where approval of drawings before manufacture / construction / fabrication has been

specified, it shall be contractor’s responsibility to have these drawings prepared as per the

directions of Engineer-in-Charge and got approved before proceeding with manufacture

construction / fabrication, as the case may be. Any changes that may have become necessary

in these drawings during the execution of the work shall have to be carried out by the

contractor to the satisfaction of Engineer-in-Charge at no extra cost. All final drawings shall

bear the certification stamps duly signed by both the contractor and the Engineer-in-Charge.

52.3 A period of 3 weeks from the date of receipt shall be required normally for approval of

drawings by the Engineer-in- Charge.

53 SETTING OUT WORKS:

53.1 The Engineer-in-Charge shall furnish the contractor with only the four corners of the work site

and a level bench mark and the contractor shall set out the works and shall provide efficient

staff for the purpose and shall be solely responsible for the accuracy of such setting out.

53.2 The contractor shall provide, fix and be responsible for the maintenance of all stacks,

templates, level marks, profiles and other similar things and shall take all necessary precaution

to prevent their removal or disturbance and shall be responsible for the consequence of such

removal or disturbance should the same take place and for their efficient and timely

reinstatement. The contractor shall also be responsible for the maintenance of all existing

survey marks, boundary marks, distance marks and center 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 center, longitudinal or face lines and cross lines shall be marked by

means of small masonry pillars. Each pillar shall have distinct marks at the center 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 labormaterial and

other facilities, as necessary, for the proper checking of layout and inspection of the points

during construction.

53.4 Pillars bearing geodetic marks located at the site of work under construction should be

protected and fenced by the contractor.

53.5 On completion of works, the contractor must submit the geodetic documents according to

which the work was carried out.

54 RESPONSIBILITY FOR LEVEL AND ALIGNMENT:

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

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

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 go down at the site of work for storing the materials

safe against damage by rain, dampness, fire, theft etc. He shall also employ necessary watch

and ward establishment for the purpose.

v) It shall be duty of the contractor to inspect the material supplied to him at the time of taking

delivery and satisfy himself that they are in good condition. After the materials have been

delivered by the Owner, it shall be the responsibility of the contractor to keep them in good

condition and if the materials are damaged or lost, at any time, they shall be repaired and/

or replaced by him at his own cost, according to the directions of the Engineer-in-Charge.

vi) The Owner shall not be liable for delay in supply or non-supply of any materials which the

Owner has undertaken to supply where such failure or delay is due to natural calamities, act

of enemies, transport and procurement difficulties and any circumstances beyond the control

of the Owner. In no case, the contractor shall be entitled to claim any compensation or loss

suffered by him on this 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 the work.

viii) None of the materials supplied to the contractor will be utilized by the contractor for

manufacturing item, which can be obtained from standard manufacturer in finished form.

ix) The contractor shall, if desired by the Engineer-in-Charge, be required to execute an

indemnity bond for safe custody and accounting of all materials issued by the Owner.

x) The contractor shall furnish to the Engineer-in-Charge sufficiently in advance a statement

showing his requirements of the quantities of the materials to be supplied by the Owner and

the time when the same will be required by him for the works, so as to enable the Engineer-

in-Charge to make necessary arrangement for procurement and supply of the material.

xi) A daily account of the materials issued by the Owner shall be maintained by the contractor

indicating 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

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 licenses 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 of 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 admissible.

62 ALTERATIONS IN SPECIFICATIONS AND DESIGNS AND EXTRA WORK:

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

additions to of substitutions for, the schedule of rates, the original specifications, drawings,

designs and instructions that may appear to him to be necessary or advisable during the

progress of the work and the contractor shall be bound to carry out such altered / extra / new

items of work in accordance with any instructions which may be given to him in writing

signed by the Engineer-in-Charge and such alterations, omissions, additions or substitutions

shall not invalidate the contract and any altered additional or substituted work which the

contractor may be directed to do in the manner above specified as part of the work shall be

carried out by the contractor on the same conditions in all respect on which he agree to do

the main work. The time for completion of work may be extended for the part of the

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

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

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

with the following provisions:

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

the work, the contractor is bound to carry out the additional, altered or substituted work at

the same rates as are specified in the contract.

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

the contract for the work, the rates will be derived from the rates for similar class of works

as specified in the contract for the work. The opinion of the Engineer-in-Charge as to

whether the rates can be reasonably so derived from items in the contracts will be final and

binding on the contractor.

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

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

Engineer-in-Charge of the rate which is his intention to charge for such class of work

supported by analysis of the rate or rates claimed, and the Engineer-in-Charge shall

determine the rates on the basis of the prevailing market rates of materials, labor cost at

schedule of labor 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 labor 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:

Up to & 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:

Up to & inclusive of (+) 50% of TCV: No discount.

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

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-

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 demand.

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, labor and materials as are normally required for examining,

measuring and testing any workmanship as may be selected and required the Engineer-in-

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

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 authorized

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 to a 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 labor force, tools, equipment’s 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 the owner.

73 POSSESSION PRIOR TO COMPLETION:

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

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

be an acceptance of any work completed in accordance with the contract agreement. If such

prior possession or use by the Engineer-in-Charge delays the progress of work, suitable

adjustment in the time of completion will made and contract agreement shall be deemed to be

modified accordingly.

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

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

from the date of completion of work, unless otherwise specified. Any damage that may lie

undiscovered at the time of issue of completion certificate, connected in any way with the

equipment or materials supplied by him or in the workmanship shall be rectified or replaced

by the contractor at his own expense as deemed necessary by the Engineer-in-Charge or in

default, the Engineer-in-Charge may cause the same made good by other workmen and deduct

expenses (for which the certificate of Engineer-in-Charge shall be final) from any sums that

may be then or at any time thereafter, become due to the contractor or from his security deposit.

In case the defect arises within the abovementioned Defect Liability Period (DLP) and the

same is repaired/replaced, the DLP for the repaired/replaced job/item will be extended suitably

so as to cover the original DLP. However, in no case, such extension will exceed 24 months

from date of start of initial DLP.

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

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

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

over by the 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 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.

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

such steps as may in all circumstances, be reasonable to make good such defects. The

expenditure, so incurred by the Owner shall be recovered from the amount due to the

contractor. The decision of the Engineer-in-Charge with regard to the amount be recovered

from the contractor will be final and binding on the contractor. As soon as the works have

been completed in accordance with the contract (except in minor respects that do not affect

their use for the purpose for which they are intended and except for maintenance thereof

provided in clause 74.1) and have passed the tests on completion, the Engineer-in-Charge

shall issue a certificate (hereinafter called completion certificate) in which he shall certify

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

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

have been divided into various groups in the contract, the Owner shall be entitled to take

over any group or groups before the other or others and thereupon the Engineer-in-Charge

shall issue a completion certificate which will however, be for such group or groups as

taken over only.

74.5 Defects after taking over:

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

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

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

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

such work will be normally one month. If any defect be not remedied within a reasonable time,

the Owner may proceed to do the work at the contractor’s risk and expense and deduct from

the final bill such amount as may be decided by the Owner. If by reason of any default on the

part of the contractor a completion certificate has not been issued in respect of every portion of

the work within one month after the date fixed by the contract for the completion of the works,

the Owner shall be at his liberty to use the works or any portion thereof in respect of which a

completion certificate has been issued provided that the works or the portion thereof so used

as aforesaid shall be afforded reasonable opportunity for completing these works for the issue

of completion certificate.

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

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

Bank Guarantee furnished against Security Deposit/retention money shall be released only on

expiry of the period of liability and also based on the certification of the Engineer-in-charge

that no defect/damage has been reported / observed during the stipulated period of liability for

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 be subject to escalation. Schedule of rates shall be deemed to include

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

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

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

works and materials required, though the contract document may not fully and precisely furnish

them. He shall make such provision in the item rates as he may consider necessary to cover the

cost of such items of work and materials as may be reasonable and necessary to complete the

works. The opinion of the Engineer-in- Charge as to the items of work which are necessary and

reasonable for completion of work shall be final and binding on the contractor, although the

same may not be shown on or described specially in contract documents.

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

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

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

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

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

iii) Schedule of Rates to Cover Constructional Equipment’s, Materials,

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

shall be deemed to include and cover the cost of all constructional equipment, temporary work

(except as provided for herein), pumps, materials, labor the insurance, fuel, stores and

appliances to be supplied by the contractor and other matters in connection with each item in

the schedule of rates and the execution of the works or any portion thereof, finished, complete

in every respect and maintained as shown or described in the contract documents or may be

ordered in writing during the continuance of this contract.

iv) Schedule of Rates to cover Royalties, Rents and

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

for the articles and processes, protected by letters, or otherwise incorporated in or used in

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

obtaining materials of whatsoever kind for the works and shall include an indemnity to the

Owner which the contractor hereby gives against all actions, proceedings, claims damages,

costs and expenses arising from the incorporation in or use on the works of a such articles,

processes or materials, Octroi or other municipal or local Board charges levied on materials,

equipment or machineries to be brought to site for use on work shall be borne by the contractor.

v) Schedule of Rates to Cover Taxes and Duties:

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

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

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

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

Contractor shall also obtain and pay for all permits, or other privileges necessary to complete

vi) Schedule of Rates to cover Risk

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

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

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

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

vii) Schedule of Rates cannot be altered:

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

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

schedule of Rates are fully inclusive rates

Which have been fixed by the contractor and agreed to the Owner and cannot be altered.

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

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

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

76 PROCEDURE FOR MEASUREMENT / BILLING OF WORK IN PROGRESS:

i) Measurements:

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

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

progressively. Such measurement will be got recorded in the measurement book by the

Engineer-in-Charge or his authorized representative and signed in token of accepted by the

contractor or his authorized representative.

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

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

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

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

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

detailed measurements for the various items executed during a month, before the expiry of the

1st week of the succeeding month. The Engineer-in-Charge shall take or cause to be taken the

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

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

iii) Dispute in Mode of Measurements:

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

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

77 LUMPSUMS IN TENDER:

For the items in tender where it includes lump sum in respect of Schedule of work, the

contractor shall be entitled to payment in respect of the items at the same rates as are payable

under this contract for such items, or if part of the work in question is not In the opinion of the

Engineer-in-Charge capable of measurement of determination, the owner may at his discretion

pay the lump sum amount entered In the tender or a percentage thereof and the certificate In

writing of the Engineer-in-Charge shall be final and conclusive against the contractor with

regards to any sum or sums payable to him under the provisions of the clause.

78 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS ADVANCES:

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

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

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