PAINTING WORK INTERNAL FOR TANK NO 6

GENERAL TERMS & CONDITION

1. Tenders received without Earnest Money Deposit (Applicable only for works costing

Rs.500000/- and above in value.

2. If the works carried out by the contractor is found unsatisfactory, the corporation

from the bills of the contactor will deduct amount, as deemed fit.

3. The contract can be terminated any time during the contract period for

nonperformance and security deposit shall be liable for forfeiture.

4. The bill payment will be made on successful completion of job duly certified by

officer–in-charge through NEFT mode only.

5. There will not exist any employer-employee relationship with Bharat Petroleum

Corporation Limited.

6. The contractor has to ensure that the work should be carried out with all safety

precautions for the men/machinery.

7. Validity of Rates: Contractor is required to give a declaration that the rates

quoted by them are firm and valid till completion of the job i.e one year.

8. Arbitration: Any dispute or difference whatsoever arising out of or in connection

with this Agreement including any question regarding its existence, validity,

construction, interpretation, application, meaning, scope, operation or effect of this

contract or termination thereof shall be referred to and finally resolved through

arbitration as per the procedure mentioned herein below :

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

to a Sole Arbitrator

(b) The appointment and arbitration proceedings shall be

conducted in accordance with SCOPE forum of Arbitration

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

(c) The Seat of arbitration shall be at Jaipur (Rajasthan).

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(d) The proceedings shall be conducted in English language

(e) The cost of the proceedings shall be equally borne by the

parties, unless otherwise directed by the Sole Arbitrator.

9. Statutory Deductions: All statutory deductions like Income Tax, ESIC, Works

Contract Tax, Service tax (CE) etc. as applicable or any other deductions as per the

State / Central Government rules will be deducted at source from each bill of the

10. Failure by the contractor to comply with the Co’s instructions: If the

contractor after receipt of written notice from the Co. requiring compliance within

ten days, fails to comply with such instructions / specifications, the Corporation

reserves the right to employ and pay other persons to execute any such work

whatsoever may be necessary to give effect thereto. All costs incurred in connection

therewith shall be recoverable from the contractor by the Corporation on the

certificate of Depot In charge and may be deducted from the money due or to

become due to the contractor or recover the money if any in excess from the

11. Termination for Default: If the contractor fails to fulfill the terms and conditions

of contract and or where the Corporation is satisfied that it is not in the interest of

the Corporation to persist with the contract with the defaulting contractor, the

Corporation is at liberty to terminate the contract whereupon the Security deposit

of the contractor stands forfeited. Such termination of the contract will be informed

by the Corporation in writing to the contractor. Further the Corporation is at liberty

to execute the balance jobs of the terminated contract from other agencies as

decided by the Corporation and any additional cost incurred by the Corporation

while completing such jobs leftover by the original contractor the Corporation shall

adjust / recover all such additional cost from the contractor.

12. FILLING AND SUBMITTING TENDERS:

Quotations should be submitted only in the prescribed tender schedule Forms

supplied by the Company together with Tender duly signed by the bidder along

with a Bank Draft if required as per our E –TENDER on or before the due date

time of closing of the tender. Quotations received after the due date/time will not

The Bidder should study all the tender documents carefully and understand the

conditions, drawings, and specifications etc. before quoting. If there are any

doubts, he should obtain clarifications but this shall not be justification for late

submission or extension of opening date/time of the tenders.

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Bidder is also advised to ensure that all pages of the bid documents are complete

in all aspects as stipulated in the tender with attachments. Omission/ non-inclusion

of any or part of bid document is liable for rejection.

The Bidder 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 Bidder

(unless otherwise specified) at his cost.

The Bidder should quote for all items in the tender schedule. The rates should be

expressed both in figures and in words; where discrepancy exists between the

two, the rates expressed in words will prevail. Similarly, if there is any discrepancy

between the unit rate and the amount, the unit rate will prevail.

The rates should be quoted in the same units as mentioned in the tender schedule.

All entries in the Tender documents should be in Ink/Typed. Corrections, if any,

should be attested by full signature of the Bidder.

Every page of the tender documents shall be signed by the Bidder or his authorized

representatives.

13. ACCEPTANCE OF TENDER:

Incomplete/conditional tender quotations or those received late and/or not

conforming to the Terms and conditions in the tender documents, will be rejected.

The Company reserves the right to reject any or every tender without assigning

any reasons whatsoever and/or to negotiate with the Bidder (s) in the manner the

Company considers suitable.

14. EARNEST MONEY DEPOSIT:

(Applicable only for works costing Rs.500000/- and above in value.

However in case of parties registered within the Corporation EMD may

not be insisted upon).

In the case of open tenders the Bidder shall be required to submit along with his

quotation a Bank Draft in favour of Bharat Petroleum Corporation Ltd. For

a sum equivalent to 5% of the total tendered value of works as earnest

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money deposit, subject to a maximum of Rs.100000/-.Permissible forms of

EMD are Bank Drafts drawn in favour of BPCL or Bank Guarantee executed by any

Scheduled Bank.

The earnest money deposit shall be returned to the unsuccessful t Bidder /s within

one month after due date for opening of the tender. The Earnest money deposit

of the successful Bidder will be retained till the commencement of the work.

Thereafter the Bidder may opt to adjust the earnest money deposit against Bank

Guarantee of equivalent amount. No interest will be payable on earnest money

deposit. EXECUTION OF AGREEMENT

The successful Bidder shall within 15 days of the Company’s communication to him

of the acceptance of his tender, execute a formal agreement within the Company,

on the Company’s format.

15. EXECUTION OF WORKS

The entire work will be carried out under the supervision of the authorized

representative of the company, but this will not detract successful Bidders full

responsibility for quality/period of execution of work.

The successful Bidder shall not undertake on his own any change in specifications

mentioned in the tender documents. In case of doubt he will refer the matter in

writing to the Company and act as per clarifications given by the Company. Any

changes in the work involving changes in original specification quantities/additional

items of work should be covered by obtaining suitable variation order(s) from the

Company immediately.

If the performance of the successful Bidder is found to be unsatisfactory; the

company reserves the right to cancel in part or the whole of the contract and gets

the work executed through alternative means at the entire risk and cost of the

successful Bidder.

The successful Bidder should ensure the safety of adjoining property and shall make

good any loss to product/property resulting from his negligence.

The work in the Company’s premises should be carried out during the Company’s

normal working hours and without obstructing day-to-day work in the

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establishment. If any work is required to be carried out beyond normal working

hours, prior permission should be obtained before undertaking such work.

In the event of the successful Bidder failing to complete the work within the

stipulated time, the Company shall have the right to employ any other agency to

complete the remaining work at the risk and cost of the successful Bidder.

If the work is required to be carried out in a working Installation. The progress of

work is likely to be interrupted on account of operations in such units. Stoppage of

work under such circumstances shall not entitle the successful Bidder to claim any

compensation for idling of labour, machinery etc. during such interruptions.

The successful Bidder and his men shall abide by all security/safety

rules/regulations in force at a location and the laws, bylaws and statutes of Govt.

Semi-govt. and other local authorities such as requirement/liabilities under

enactments like the Workmen’s Compensation Act, Contract Labour (R&A) Act,

Provident Fund and Miscellaneous Benefits Act, 1972, etc and the Company shall

stand indemnified against any claims on these scores. The successful Bidder and

his men shall strictly abide by “no smoking” and other petroleum regulations on the

16. FINAL BILLS/RETENTION MONEY

The successful Bidder shall not sublet or assign any part of the work to another

party without the prior written consent of the company. In any event the successful

Bidder will be solely responsible for the work so sublet or assigned.

The contractor undertakes to ensure due and complete compliance with all laws,

regulations, rules etc. whether of the Central Govt. or the State govt. or of any

other competent authority applicable to the workmen employed or whose services

are otherwise availed of by the Contractor whether in connection with the

construction work at the site or otherwise.

The employer shall have the right to inspect the records maintained by the

Contractor concerning such workmen from time to time and the Contractor shall

whenever required by the Employer produce such records as the Employer may call

upon the Contractor to produce for the employer’s inspection in order to ascertain

whether or not the requirements of all such laws, regulations, rules etc. have been

complied with by the Contractor. In the event of any contravention of such laws,

regulations, rules, etc coming to light whether as a result of such inspection or

otherwise the Employer shall have the right to require the Contractor to effect such

compliance within such time as the Employer may prescribe in that behalf and in

the event of the Contractor failing to effect such compliance within the time

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prescribed by the Employer then the Employer shall without prejudice to his rights

be entitled to withhold from the amount payable to the Contractor any amount

pay able to the workmen under any such laws, regulations or rules and to make

payment thereof to the workmen. The employer shall also have in that event the

right to terminate the contract with immediate effect and to exercise powers

reserved to the Employer under the contract as a result of termination.”

In case any deviation from the Scope of work mentioned in above is observed by our Any

Officer, the corporation shall reserve the right initiate any penal action as felt fit by the

SIGNATURE OF THE PARTY WITH STAMP

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