AMC OF TAS SYSTEM AT BPCL MUZAFFARPUR DEPOT WITH RE FOR 2 YEARS

Tender/AMC of TAS

Special Condition of contract - Terms and Conditions

The use of the terms “Company”, “Corporation” or “Establishment” refers to Bharat

Petroleum Corporation Limited, Muzaffarpur Depot.

I. GENERAL CONDITION OF TENDER

1. Tender Applications shall be accepted from only such parties who have their own EPF and

ESI account codes and active GST registration. Tender applications from Parties not having

their own EPF and ESI codes will be summarily rejected.

2. The manpower engaged by the successful bidder for providing the services as per the scope

of work will remain under the ultimate superintendence and control of the successful bidder.

The quality of service being provided by the successful bidder will be reviewed by the

authorized representative of the corporation, but this will not detract successful bidder’s full

responsibility for quality/period of execution of work.

3. 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 Corporation and act as per clarifications given by the Corporation. 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 Corporation immediately.

4. If the performance of the successful bidder is found to be unsatisfactory, the corporation

reserves the right to cancel / terminate in part or the whole of the contract and get the work

executed through alternative means at the entire risk and cost of the successful bidder.

5. The work in the Corporation’s premises should be carried out during the Corporation’s

normal working hours and without obstructing day-to-day work of the corporation.

6. It will be the liability of the agency to pay all the necessary taxes, salaries, wages, or other

statutory requirements for which corporation will not make any additional payments. On

demand, the successful bidder should be able to show all such records to the authorized

representative of the corporation.

7. The successful bidder shall be fully responsible to ensure proper behaviour by staff engaged

and deployed by him in the corporation’s premises.

II. PERFORMANCE BANK GUARANTEE

1. Successful bidder (hereinafter referred to as “The Agency”) has to submit Bank guarantee

from Nationalised / Scheduled banks equal to 5% of the total contract value including GST

within 15 days of placement of LOI/PO in the prescribed format.

BPCL's Bank Details for issuance of SFMS Bank Guarantee are as follows.

Name of Bank: State Bank of India

Branch: CAG Branch, Mumbai

IFSC Code: SBIN0009995

The bank guarantee should be valid till 2 years + claim period of minimum six months from

the start of contract.

In case of pendency of any dispute related to such non-payment / less payment of wages or

Non-compliance of statutory obligations by the Agency which may possibly result into

financial liabilities for the Corporation, the Corporation reserves its right to withhold the

amount payable to the Agency or such security deposit. The said security amount shall be

refunded to the Agency subject to production of proof of compliance of all statutory

provisions and a certificate of No Objection from the concerned Workmen Authorities.

III. OTHER PROVISIONS

1. 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 establishment.

2. The agency shall comply with all Rules and provisions under Contract Workmen (Regulation

and Abolition) Act, 1970, Factories Act, 1948, Minimum Wages Act, 1948, Payment of Wages

Act 1936, Employee State Insurance act, 1948, Employees Provident Fund and Misc.

Provisions Act, 1952, Employee Compensation act, 1923, Equal Remuneration Act,

Payment of Gratuity act, 1972, Industrial Dispute Act, 1947, Payment of Bonus Act,

Madhya Pradesh Shram Kalyan Nidhi Adhiniyam, 1982 and all such other statutory rules and

Acts with their latest amendments and by-laws as applicable or which might become

applicable with regards to the performance of the work included herein or in connection with

this contract or the works carried out under the purview of the agency from time to time. In

case of introduction / implementation of any new act, rule, regulation by the government or

any such appropriate authority, the same will become immediately applicable on the Agency

and the Agency shall take all necessary actions to ensure compliance under any such new act,

rule or regulation.

3. The agency is required to maintain and ensure all statutory compliances as per the

provisions of all acts, laws, rules & regulations as referred to in clause no. III(1) above in the

capacity of a contractor/employer wherever applicable, including all kinds of

Licenses/Registrations, Registers, Forms, Employment card, Wage slips, ESI cards, ESI

contributions , PF Account numbers, PF contributions, challan receipts , Returns (annual/half

yearly) , Inspection books etc. Any amendments in the statutory requirements or

documentation formats introduced by the government or any such appropriate authority will

become immediately applicable to the agency and the agency needs to ensure timely

updation and compliance in line with such amended acts, laws, rules or regulations. The

Agency shall also be responsible for ensuring maintenance of all such records in online

formats as specified by the corporation, government or any other such appropriate authority

under various statutes as referred to in clause no. III (1).

4. The record/registers required to be maintained by the contractor as per the provisions of

Acts, Laws, Rules, and Regulations as referred in clause no. III (1) above shall be maintained

at the Premises of the corporation by the Agency at his own cost. The records/registers shall

be produced to the corporation whenever asked to do so.

5. The agency shall obtain requisite License under the Contract Workmen (R&A) Act,

from the ‘Appropriate Authority’ for deployment of contract workmen (s) in the premises of

corporation under this contract.

6. The agency shall provide attested copies (attested by the proprietor of the agency or any

authorized representative, with Rubber Stamp) of Appointment letters and Employment

Card, issued to and duly acknowledged by each of the contract workmen to be deployed at

the premises of the Corporation for security purposes.

The agency must ensure that the workmen deployed by him have clean past record and are

of verified credentials. Police verification certificate from the police station along with proof

of residence and identity shall be made available by the agency to the corporation for all

contract workmen deployed by the agency in the premises of the corporation.

7. The contract workmen to be deployed by the agency should be physically, mentally fit and

healthy. The agency has to obtain and submit Medical Certificates of all the contract workmen

before deploying them for the work. Only Adult contract workmen with age not exceeding

years shall be deployed to work in the premises of the corporation.

8. Before deployment of contract workmen by the agency, they are required to undergo

Safety Induction Training and only the contract workmen that complete the induction training

successfully will be eligible to work within the premises of the corporation and shall be

deployed by the agency.

9. Once deployed, the successful bidder/contractor shall not change any contract workmen

without prior intimation to BPCL.

10. The agency should have a separate PF account to deposit PF deducted from the salary of

Contract workmen (Employee Contribution) as well as his contributions (Employer

Contribution) at the applicable rates. No workmen of the agency shall be deployed at the

Premises without him having his PF number. The agency shall be required to furnish a

documentary proof of the contributions deposited in the PF account for each month. The

agency shall continue the UAN and ESIC No. of the worker of they already have it.

11. The agency should have a separate ESI account to deposit ESI deducted from the salary of

Contract workmen (Employee Contribution) as well as his contributions (Employer

Contribution) at the applicable rates. No workmen of the agency shall be deployed at the

Premises without him having his ESI number. The agency shall be required to furnish a

documentary proof of the contributions deposited in the ESI account for each month.

12. The Agency, under the provisions of the ESIC Act, shall register all contract workmen(s)

engaged by the agency under this contract under his ESIC registration number. He shall issue

Temporary Identity Card (TIC) / Permanent Identity Card (PIC) along with details of the insured

person, family details and nomination details to all the contract workmen (s) deployed by him

under this contract. The Agency shall be required to complete KYC of UAN account of all the

contract workmen deployed by him under this contract.

13. The Agency shall deduct, contribute and deposit towards EPF and ESI contributions for all

the contract workmen (s) engaged by it. The Agency shall submit proof of such deposition

along with the monthly bill. The monthly bill should be submitted along with proof of

submission of challan towards EPF and ESI contributions for the previous month together with

respective ECR (Electronic Challan cum Return). Any short payment and/or non-payment of

statutory contributions in respect of contract workmen noticed during the course of the

contract shall be made good by the Agency, and the Corporation reserves its right to deduct

any such amount equivalent to such short payment from the payables to the Contractor or

security deposit, in case of failure on part of the Agency to make good the default 14. The

agency is required to obtain suitable Insurance Scheme with benefits similar to that ESI act

for those contract workmen who are not covered under the ESI Act, due to wage ceiling of Rs.

21,000/- or due to being deployed in areas not covered under ESI. The agency shall be

required to furnish a documentary proof of such insurance.

15. The Agency shall, monthly, submit to the corporation a monthly bill with attested copies

of Attendance Register / Muster Roll, Wage Register, PF and ESIC Challan, NEFT payment

proof for wages, bonus, leaves with wages and wage slip copies in respect of all its contract

workmen(s) engaged at the premises of the corporation. The agency shall produce all the

documents as regards to the statutory compliance made by him as and when asked for by the

16. The Agency shall make regular and full payments of wages in accordance with the latest

applicable rates of Minimum Wages/Fair wages as advised from time to time, and any other

payments due to its contract workmen(s), deployed under the aforesaid contract by the 7th

of every month only through NEFT/Bank transfer. In case the 7th day of the month is a weekly

off, the wages must be disbursed on the previous day. Any advance payment is also to be

made through NEFT.

17. The Agency is required to submit a copy of quarterly/half yearly/yearly returns filed to the

concerned authorities under the provisions of applicable statutes as per clause no. III (i) for

corporation’s records.

18. The agency shall co-operate and produce all required records, documents, formats and

register during any inspection / audit by any internal or external agency as and when advised

by the corporation.

19. Periodic review will be done by location in charge/ engineering officer of the corporation.

If any lapses are found with respect to the quality of work, deviation from work processes,

any offences, safety deviations, and statutory deviations etc., the corporation reserves its

rights to levy penalty at appropriate rate. Any losses or pending payments required to be

made by the agency shall be recovered from payments due to the agency or adjusted against

the bank guarantee.

20. The agency and his workmen shall abide by all security/safety rules/regulations in force

at the premises of the corporation.

21. Party should follow the safety rules as directed by engineering officer/location in charge.

In case any lapse is observed in adhering to safety regulations while carrying out the work,

penalty will be levied per lapse observed at any time on discretion of location in charge.

22. The contract workmen deployed by the agency for carrying out the contractual obligation,

while on duty should wear proper uniform or as advised by Engg in Charge/ Location in charge.

The agency will be responsible for maintenance of the uniforms.

23. The corporation will have no liability whatsoever concerning the contract workmen

deployed by the Agency for the purpose of this Contract. The Agency shall keep the

corporation indemnified against all losses or damages or liabilities arising out of or imposed

in the course of contract or afterwards for the workmen deployed by him.

24. The Agency shall be entirely responsible to ensure that no unlawful act is done by its

contract workmen(s) while on duty. In case of loss of the Corporation’s property due to

negligence or carelessness of the contract workmen(s) deployed by the agency, the Agency

will be responsible and shall make good the same. In case the Agency defaults in making good

the losses, the Corporation shall have right to deduct the said amounts from payables to the

agency or make any adjustments from the bank guarantee.

25. The Agency shall keep the corporation indemnified against all losses or damages or

penalties, claims and liabilities of every kind for any violation of such Acts, Laws, Rules or

Regulations by him/her, his/her agent or his/her staff. Any change by the Govt. or any such

appropriate authority in any applicable Act, Laws, Rules, and Regulations shall become

immediately applicable to the Agency.

26. The Agency shall be responsible for payment of any compensation / settlement of any

liability arising out of any death or injury caused to the persons employed by him for rendering

the jobs on contract under the agreement, either under the Employee Compensation Act,

1923 or any other act in force at that time.

27. The agency or any contract workmen deployed by the agency shall not claim any

employment for self or other in the corporation under any circumstances on any later date

28. The Agency shall be solely responsible for settling/resolving any dispute/claim of his/her

workmen during the pendency of the Contract. No liability shall accrue to the corporation

under any circumstances even after expiry of the contract. The agency shall indemnify the

corporation against all actions, suits, claims & demands brought or made against it in respect

of anything done or committed to be done by the agency in execution of or in connection

with the work of this contract and against any loss or damage to the corporation in

consequence of any action or suit being brought against the agency for anything done or

committed to be done by the agency in execution of or in connection with the work of this

29. In case the agency fails to perform the job mentioned in the scope of work, the

Corporation reserves the right to make alternate arrangements to perform the same and the

loss/damage incurred, if any, by the Corporation on account of the same shall be deducted

from the amount payable to Agency by the Corporation.

30. The agency shall ensure that the contract workmen (s) deployed by the agency are capable

of working / are upgraded for working on any new technology introduced by the corporation.

31. Contract labour provided by the agency whose work or conduct is found unsatisfactory by

the Corporation, shall be replaced by the agency immediately.

IV. PERIOD OF CONTRACT

1. The period of the contract shall be 02 year from the date of award of the contract.

V. CANCELLATION / TERMINATION OF CONTRACT

1. If at any time during the period of the contract, it is observed by the Corporation or by an

authorized representative(s) that the services rendered by the agency / its contract

workmen(s) are not to the satisfaction of the Corporation or any terms of the contract are

violated, the Corporation reserves the right to summarily terminate the contract without any

notice or compensation thereof.

2. The Corporation reserves right to terminate the contract by giving one month’s notice in

writing with mutual consent without assigning any reason whatsoever. For all disputes

relating to this contract, Arbitration clause as enclosed will be applicable.

3. The act of Agency of not disbursing the due wages and other statutory payments timely

and or discounting / evading payment or non-adherence of any statutory requirements would

lead to termination of the contract.

4. Not with standing anything above, the corporation reserves the right to terminate the

contract by issuing one month notice to the agency.

VI. ACCEPTANCE OF TENDER:

1. Incomplete/conditional tender quotations or those received late and/or not conforming to

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

2. The Corporation reserves the right to reject any or every tender without assigning any

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

Corporation considers suitable.

VII. PAYMENT TERMS

1. Bill to be submitted after completion of a quarter. The bill should be also accompanied with

the MOM as applicable, proof of payment being made through NEFT.

2. The payment is not liable to be cleared unless the agency satisfies the Corporation of having

deposited Challans towards EPF / ESI contributions/proof of payment of wages and having

made all required statutory compliance in respect of its contract workmen(s) deployed by the

agency at the Corporation.

3. The rates quoted by the Agency & mutually agreed upon between the two parties shall be

fixed during the period of the contract i.e. there is no applicability of escalation/de-escalation

in rates. Corporation’s discretion on such matters will be final & binding on the agency.

4. The Corporation will be making the mandatory deductions, i.e., applicable taxes etc. from

the payment due to the Agency at the applicable rates notified from time to time.

5. The Agency on receipt of Letter of Intent (LOI)/Purchase Order would need to furnish

performance bank guarantee from a scheduled bank of value 5% of the total contract value

which should be valid for a period of 24 months from the start of the contract. Payments will

not be released until the PBG is submitted and duly verified by the issuing bank.

VIII. PENALTY CLAUSE

1. The Liquidated Damages would be recovered from the quarterly bills of the Agency in the

case of non-performing or underperforming various activities as mentioned in SOW. The

extent of Non-performance or underperformance will be based on the indicative throughput

for production activities and shall be limited to recovery of 10% of the quarterly bill amount.

2. If found that the registers/records are not maintained as per the Contract/Relevant Acts,

non – compliance of statutory obligation or non – compliance of safety measures of the

corporation then appropriate penal action as per the discretion of the corporation against the

3. In case of Non-compliance of Contract obligations or in case of any damage, breakage and

loss or theft to the building, fittings, assets and equipment’s attributable to the workmen,

deployed by the Contactor, Agency will be responsible for repairing/replacing the same at his

cost failing which the actual cost incurred towards repair/replacement with suitable penalty

shall be imposed on the Agency by BPCL and recovered in a manner deemed fit by BPCL.

IX. EXECUTION OF AGREEMENT

1. The agency shall enter into an agreement within 15 days from the date of LOI, as per the

Corporation’s format. The Scope of Work and General / Special terms and conditions of the

tender shall be / constitute part of the agreement. The cost of stamp duty / notary etc. shall

be borne by the Agency.

Vendor/Bidder’s sign and stamp