Central Procurement Organization (Marketing)

Bharat Petroleum Corporation Limited

‘A’ Installation, Sewree Fort Road
Sewree (e), Mumbai – 400015

OPEN TENDER ON GEM PORTAL

FOR

JOB : PIPELINE ROU SURVEILLANCE FOR BPCL'S CROSS COUNTRY

PIPELINES IN WESTERN REGION-MAHARASHTRA STATE FOR A PERIOD OF
TWO YEARS”

GEM ID NO : GEM/2023/B/3747288 & CRFQ: 1000407514

TENDER DUE DATE : 18-08-2023/1600 Hrs.

Contact person
Mr. Sarath Kumar P
Central Procurement Organization (Mktg.), ‘A’ Installation, Sewree Fort Road,
Sewree, Mumbai 400015
Email ID:
psarathkumar@[Link]
Contact: (022) 24176188 /9997442425

Mr. Kamlesh Choudhary

Central Procurement Organization (Mktg.), ‘A’ Installation, Sewree Fort Road,
S ewree, Mumbai 400015
Email id : choudharyk@[Link]
Contact: (022) 24176418 / 9102011419
Dear Sir/ Madam,

Subject Invitation to bid

PIPELINE ROU SURVEILLANCE FOR BPCL'S CROSS COUNTRY
Title PIPELINES IN WESTERN REGION-MAHARASHTRA STATE FOR A
PERIOD OF TWO YEARS”
1. You are invited to submit your offer as E-bids in two-part (techno-commercial and Price Bid) on
GEM portal for the above work on the terms and conditions contained in this tender document.
2. Bidder has to quote the price in price bid format only given in GEM portal .Bidder shall refer the
each item BOQ and specifications and delivery address along with scope of work which is
enclosed as part of tender documents
3. Overall Completion period of the job shall be 24 Months

4. Bidder shall submit the EMD of Rs. 1 lakh.

All bidders quoting as Micro/ Small Enterprise, shall upload self attested scanned copy of valid “Udyam
Registration Certificate” as per udyam portal along with scanned copy of “CA certificate”. The CA
certificate( As per Annexure- A) should be dated after the date of floating of tender and shall be specific to
the tender for which
bid is being submitted.

5. This tender document consists of the following, which are enclosed as part of tender documents
on portal :
a) Techno-commercial Bid:

1 Instruction to Bidder ( ITB)

2 Bid Qualification Criteria( BQC)
3 Scope of work and Other conditions
4 General contract conditions (GCC) & HSSE REQUIREMENT
Declaration by Bidders – MANDATORY
The bidders are required to submit the following declaration in addition to BQC
document forqualifying
I Undertaking with respect to Compliance of Restrictions
for Countries which share land border with India – as stipulated by Govt. of India.
II Declaration for social media Policy acceptance

III PPP-MII Undertakings for Minimum Local Content

IV Integrity Pact( IP)

V Declaration by Bidders for Holiday Listing & Liquidation

VI Form- B for confirming submission of TPIA verified document

 b) Price Bid: Price Bids have to be submitted online.

Corrigendum/Addendums if any will be provided against e-tender on GeM portal site only.

7. Pre-bid meeting will be conducted through video conferencing system/ Microsoft Teams on 04.07.2023
/ 15:00 hrs. Bidder or their authorized representatives are requested to send their Email ID and Contact
No. so that Link / conference ID could be shared with them for attending the pre-bid meeting.

The bidders are requested to send their queries/ clarifications, if any, by e-mail to
psarathkumar@[Link] and choudharyk@[Link] , in following MS-Excel format
by 03.07.2023 / 15:00 hrs with E-mail subject “Pre-bid queries – Tender Title & Tender Ref. No. /
System ID”. The clarifications shall be provided during the pre-bid meeting.
Sr. Annexure No. / Clause No. Clause Query Justification
No. Document Name Description (if any)

For technical or site-specific queries/location visit, if any, please feel free to contact the below listed.
Site Contact To be contacted
person for
Mr. Kunal Chavahan Mr. Asok subrahmanyam For any
SR. MANAGER ROU (PIPELINES), DGM ROU & HSSE (PIPELINES), Technica
HQ HQ l/site
Email ID : E-mail: specific
chavhanka@[Link] asoksubrahmanya@[Link] Queries/
Contact No.: 8889056660 Mobile No - 9 4 4 3 3 4 0 8 0 4 Location
Visits

Thanking you,
Yours faithfully,

For Bharat Petroleum CorporationLtd.

Sd/
Kamlesh Choudhary,
Procurement Leader - CPO (Mkt)
 INSTRUCTIONS TO BIDDER

PIPELINE ROU SURVEILLANCE FOR BPCL'S CROSS COUNTRY

Title
PIPELINES IN WESTERN REGION-MAHARASHTRA STATE FOR
A PERIOD OF TWO YEARS”

EARNEST MONEY DEPOSIT (EMD):

a) Bidders are required to submit an interest-free Earnest Money Deposit as mentioned in Bid
qualification Criteria (BQC) of tender. EMD may be submitted in form of:
b) By electronic funds transfer to BPCL’s bank account as detailed below :

Beneficiary Bharat Petroleum Corporation

Name Limited
Bank Name Standard Chartered Bank Fort
Branch
Account no A/c No. 22205020131
IFSC Code SCBL0036001

OR
c) In a form of Bank Guarantee (as per format given in tender documents ) executed by
any Scheduled Bank approved by Reserve Bank of India

d) EMD (in case of BG ) should be submitted in physical form in a sealed cover

addressed to Procurement Leader Grp-VII (Pipelines Procurement), boldly super-
scribed on the outer cover –

Tender No
Item
Closing Date / Time
Name of the Bidder

It should be dropped in the tender box or sent by Registered Post/Courier to the

following address so as to reach on or before the due date & time of the tender:

Central Procurement Organization (CPO)- Mktg,

Bharat Petroleum Corporation Limited
‘A’ Installation, Sewree Fort Road, Sewree, Mumbai-400015

FORMAT for BG is enclosed (Annexure) as part of Tender documents.

e) BPCL will not be responsible for non-receipt of instrument(s) due to postal delay/loss in
transit etc.
f) Cheques, cash, Money Orders, Fixed deposit Receipts etc. towards EMD are not acceptable.
Similarly, request for adjustment against any previously deposited EMD/Pending
Dues/Bills/Security Deposits of other contracts etc. will not be accepted towards EMD.
g) Bid received without the EMD is liable to be rejected.
h) Bidders registered with BPCL also should submit the EMD as mentioned above.
i) In case any bidder, being micro or small enterprise, is claiming exemption for Earnest
Money Deposit, such bidder shall submit documents as per Cl. 9 (I) below.
1. Competitive offers are invited in two-part bid- Bid Qualification Cum Techno Commercial
Bid and Price Bid
2. Successful bidders will be issued LOA by CPO (Mktg). The Agreement and P.O. shall be
issued by Pipeline team( ROU Team)
3. Offers should strictly be in accordance with the tender terms & conditions and our
specifications. Bidders are requested to carefully study all the documents/ annexures and
understand the conditions, specifications, drawings etc. before submitting the tender and
quoting the rates. In case of doubt, written clarifications should be obtained, but this shall
not be a justification for request for extension of due date for submission of bids.
4. ORDER OF PRECEDENCE FOR PURCHASES :
1. Purchase Order
2. Detailed letter of Acceptance along with its enclosures
3. Letter of Award / Fax of Acceptance
4. scope of work and other details
5. Instructions to Bidders
6. General condition of contract (in GCC)
7. Other Documents
Additionally, any variation or amendment / change order issued after signing of formal
contract shall take precedence over respective clauses of the formal contract and its
Annexures.

5. List of abbreviations used :

The terms “BPC”, “BPCL”, The Corporation, the Company and Owner in the appropriate
context means Bharat Petroleum Corporation Limited, the Company registered under
Companies Act 1956 and includes its successors and assignees. Other abbreviations used
and their full form are:
BG : Bank Guarantee
BQC : Bid Qualification Criteria
CRFQ : Collective Request for
Quotation GCC : General
Conditions of Contract GPC :
General Purchase Conditions
INR : Indian Rupee
IST : Indian Standard Time
IP : Integrity Pact
LC : Letter of Credit
LD : Liquidated Damages
LOA : Letter of Acceptance
MSE : Micro and Small Enterprise
NABCB : National Accreditation Board for
Certification Bodies
 PBG : Performance Bank
Guarantee PO : Purchase Order
PTR : Proven Track Record
SD : Security Deposit
SCC : Special Conditions of
contract TPIA : Third Party Inspection
Agency
UDIN : Unique Document Identification Number

6. REFERENCE FOR DOCUMENTATION:

a. The number and date of GEM Tender Reference No. /Collective Request for Quotation
(CRFQ) must appear on all correspondence before finalization of Rate Contract /
Purchase Order.
b. After finalization of Contract / Purchase Order, the number and date of
Contract/Purchase Order must appear on all correspondence, drawings, invoices,
dispatch advices, (including shipping documents if applicable) packing list and on any
documents or papers connected with this order.
7. LANGUAGE OF BID:
The Bid and all supporting documentation and all correspondence exchanged by bidder and
Corporation, shall be written in English language only.
8. All documents attached with the Bid Qualification Cum Techno Commercial Bid, price bid
and all corrigenda issued shall form the part of the tender.

9. DOCUMENTS TO BE SUBMITTED BY BIDDER:

Bidder shall furnish the necessary documents as per tender conditions along with the bid. In
the 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.
I. Documents to be submitted by Indian MSE (Micro/Small enterprise) Bidder:
1. Bidders who are quoting as Micro/ Small Enterprise, shall upload scanned copy
of valid “Udyam Registration Certificate ” from udyam portal along with
scanned copy of “CA certificate” as per the standard format. Registration on
"UDYAM registration Portal” shall only be accepted as a valid document from
MSE Bidders. 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.

i. 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.
ii. Format of the CA certificate is attached as Annexure-A (Certificate
confirming for the eligibility for public procurement policy) for reference
and bidder needs to submit certificate on CA letter head strictly in the said
format.

2. In case CA certificate is not submitted, bidder shall not be considered as MSE

and such bidder shall not be eligible to avail the benefits of Public Procurement
Policy as per the above policy.
II. In case any of the supporting documents (either Technical or Financial) are not in
 English language, then the English translation copy of the same shall also be
furnished duly certified, stamped, and signed by Local Chamber of Commerce of
Bidder’s country or Indian embassy in Bidder’s country or their embassy in India.

III. Bidder shall ensure that any certificate/ reports issued/ attested by a practicing-
chartered accountant in India and submitted in the bid shall mandatorily include the
UDIN number. Certificate / reports issued/ attested without UDIN number of
practicing chartered accountant in India shall not be considered for evaluation.
IV. Charges of TPIA Verification & CA Certificate: All charges of TPIA and CA
certificate (if applicable) shall be borne by the Bidder.
V. Submission of authentic documents is the prime responsibility of the bidder.
Wherever BPCL has concern or apprehensions regarding the authenticity/correctness
of any document or information, BPCL reserve the right to get the documents cross-
verified from the document issuing authority.

VI. BPCL reserves the right to inspect the facilities at party’s work to confirm their
capabilities. BPCL also reserves the right to independently assess the capability and
capacity of the bidder for execution of the project.
VII. Failure to submit the above documents as per 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 in the tender. BPCL reserves the right to
complete the evaluation based on the details furnished without seeking any
additional information.
VIII. Document Verification: While submitting the bid, all vendors have the option of
providing self-certified copies of certificates/documents with an undertaking to
submit TPIA verified document in case the vendor emerges as successful vendors.
(TPIA empaneled as per NABCL)As specified in ‘Bid Qualification Criteria
document’, the L1 bidder shall submit all the bidding documents related to Bid
Qualification, Technical and Commercial Qualification Criteria and all the
documents submitted thereof, duly verified and certified by anyone of the TPIAs
which are accredited under “NABCB accredited bodies as per requirement of
ISO/IEC 17020 as type “A”in QCI’s NABCB website
([Link]/accreditation/reg_bod_inspection bodies. php) as on due date of
bid submission”, at no extra cost to BPCL. The verification and certification should
necessarily include comment "Verified from originals”. The bidders who are already
registered with BPCL shall also submit all the documents as mentioned above.

In case a vendor is not able to submit TPIA Verified original documents as

required within 5 days of communication after opening of price bid, action shall
be initiated against the Vendor. Show cause notice for holiday listing to be
replied by the vendor within 7 days shall be issued by Procurement Leader.
Subsequently vendor shall be holiday listed forthwith by Competent Authority
without further process for the minimum period as mentioned in the holiday
listing Policy. Thereafter, the next L1 shall be considered for evaluation and
award in line with existing holiday listing guidelines.
10. DECLARATIONS/ UNDERTAKINGS BY BIDDERS:

Bidders have to mandatorily submit the following declarations/undertakings:

(I) DECLARATIONS ON HOLIDAY LISTING & LIQUIDATION: Bidder shall
submit the declarations that :
I. Bidder is not under liquidation, court receivership or similar proceeding.
II. Bidder is not currently serving any Holiday Listing orders issued by BPCL or
MOPNG debarring us from carrying any business dealings with the BPCL/MOPNG
or convicted of an offence- (a) Under the Prevention of corruption Act, 1988:or (b)
The Indian penal code or any other law for the time being in force, for causing any
loss of life or property or causing a threat to public health as part of execution of a
public procurement contract.
(II) COMPLIANCE OF RESTRICTIONS FOR COUNTRIES WHICH SHARE LAND
BORDER WITH INDIA:
Bidders have to submit an undertaking in the prescribed format with respect to Compliance
of Restrictions for Countries which share land border with India { Restrictions under Rule
144(xi) of the General Financial Rules, 2017–Reference OM no. 6/18/2019 – PPD dtd.
23.07.2020 (read along with any subsequent clarifications/amendments thereof) issued by
Ministry of Finance, Public Procurement Division ([Link]
divisions)}.

(III) DECLARATION ON ACCEPTANCE OF TERMS & CONDITIONS OF

SOCIAL MEDIA POLICY OF BPCL:
Terms & Conditions under Social Media Policy of BPCL for business partners are to provide
clear guidance on acceptable standards of conduct and practices to be followed by the
Business Partners of Bharat Petroleum Corporation Limited, in the usage of social media
tools during and post their association with the Corporation. These terms and conditions are
intended to protect and safeguard inter alia the interests and reputation of the Corporation,
in the access, use of or participation on Social Media platforms by such constituents. Bidders
shall return the “Social Media T&Cs” document along with the bid documents, duly Signed
& stamped/ Digitally signed by the same signatory who is authorized to sign the bid
documents. All the pages of the “Social Media T&Cs” shall be duly signed. Bidder’s failure
to return the “Social Media T&Cs” duly signed along with the bid documents shall result
in the bid not being considered for further evaluation.

11. SUBMISSION OF BIDS:

i Bidders to note that any deviation if any to the technical/commercial terms and
conditions of this tender should be mentioned only in the “DEVIATION” bid form
attached. If any bidder fails to do so, it shall be construed that they have no deviations
whatsoever to the tender terms and conditions. It is also reiterated that BPCL will not
take cognizance of any clarifications/comments mentioned by the bidder in any other
document. Similarly if any document is uploaded by the bidder, which inter alia would
imply variation or deviation to tender specifications or any terms and conditions of the
tender, it shall be taken into consideration for techno commercial evaluation if and only
if the reference to the same is mentioned in the deviation bid from.
ii Upload a scanned copy (in pdf format) of the following documents:
• All the Bid Qualification Documents as per tender conditions
 • MSE Certificate and CA Certificate (Where the bidder is quoting as MSE)
In case the no. of pages to be uploaded are more, then the same can also be zipped and
uploaded.
Price bid
Price Bids have to be submitted online in the price bid form only. Price if mentioned
elsewhere will not be taken into consideration for evaluation and their bids shall be
considered for rejection.

12. POLICY FOR PUBLIC PROCUREMENT (PREFERENCE TO MAKE IN INDIA), Order

2017

Public Procurement (Preference to Make in India) order, 2017 issued by DPIIT and as
amended time to time will be applicable, bidder to provide necessary declarations
accordingly as per the Annexures : B/ D/ E/F)
Bidders to note “Local Value addition through services such as transportation, insurance,
installation, commissioning, training and after sales services support like AMC/CMC etc.
shall continue to be considered in local content calculation.” The applicable formats of
undertakings are attached as Annexures. Bidders shall submit the required undertaking as
specified in the tender bidding forms. BPCL reserves the right to seek any other documents
(like break up of value and percentage of the local content etc.) from bidder to establish/verify
his claim of local content during the Tender Evaluation process
Other Points:
• BPCL shall have the authority to audit as well as witness the Production processes to certify
the achievement of the requisite local content.
• BPCL shall impose sanction on manufacturers/service providers not fulfilling LC of
goods/services in accordance with the value mentioned in Certificate of LC.
• The sanctions may be in the form of written warning, financial penalty and blacklisting.

13. VALIDITY OF QUOTE: VALIDITY OF THE BID as per GEM conditions. Bid validity
can be extended, if required to complete the tendering process, with consent of the bidders.
This condition supersedes the corresponding GCC/GPC condition

14. ACCEPTANCE/EVALUATION OF BIDS BY THE CORPORATION:

a) BID QUALIFICATION & TECHNO-COMMERCIAL BID: Price bid of only

those bidders shall be opened who qualify in the Bid Qualification cum Techno-
commercial bid. The schedule for opening the price bid shall be advised
separately.
b) PRICE BID: Through this tender, BPCL seeks to surface the lowest price supplier
as per the evaluation methodology mentioned in tender document.
Input tax credit (if applicable for the tender) will be considered by BPCL in the
evaluation and in such case, the award of work will be on net cash outflow basis
considering ITC.
GST rate: In tenders, GST rate will be quoted by the bidder
GST, as quoted by the bidder, shall be deemed as final and binding for the purpose
of bid evaluation (applicable for tenders where bidder quotes the GST rates). In
case a bidder enters “zero” GST or an erroneous GST, the bid evaluation for
finalizing the L1 bidder will be done considering the quoted GST rate. No request
for change in GST will be entertained after submission of bids.
 i. In cases where the bidder quotes a wrong GST rate, for releasing the final order,
the following methodology will be followed:
In case the actual GST rate applicable is lower than the quoted GST rate, the
actual GST rate will be added to the quoted basic rates. The final cash outflow
will reduce to the extent of the revised GST.
In case the actual GST rate applicable is more than the quoted GST rate, the
basic rates quoted will be reduced proportionately, keeping the final cash
outflow the same as the overall quoted amount.
Based on the Total Cash Outflow calculated as above, BPCL shall place orders.

ii. The Corporation reserves the right to reject any and /or every tender without
assigning any reason whatsoever and/or place order on one or more bidders
and/ or carry out negotiations with bidder in the manner considered appropriate
by the Corporation.

15. LIQUIDATED DAMAGES FOR DELAY: GST is not applicable on LD amount.

16. PERFORMANCE SECURITY (PERFORMANCE BANK GURANTEE /

SECURITY DEPOSIT/ RETENTION MONEY):
The successful contractor/vendor will have to provide Performance Security of 10% of the
Basic Value of Contract/Purchase order unless otherwise specified. This bank guarantee
shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee
clause), with an invocation period of six months thereafter. In the case of Indigenous
vendors, the Performance Bank Guarantee shall be given on a non-judicial stamp paper of
appropriate value (currently Rs 100). BG format is enclosed in GCC.

Process for submitting Bank Guarantee / PBG under SFMS (Structured Financial Messaging
System) mode as follows: Vendors shall insist their Bank on issuance of SFMS Bank
Guarantee for faster payments. Vendors shall provide BPCL's Bank Account No. & IFSC
Code (Details given below) to their Bank as beneficiary at the time of application for Bank
Guarantee in favor of BPCL. Issuing Bank shall issue the Bank Guarantee & send SFMS
message to BPCL's Bank confirming the authenticity of Bank Guarantee who in turn shall
send the confirmation to BPCL. SFMS BG will help in faster verification of BGs and
prompt release of payments to vendor

17. NEW STATUTORY LEVIES:

The taxes, duties, rates, and Cess quoted shall be final. New tax, if any, introduced later
shall be on BPCL account from the date of bid submission (or extended date, if any) up to
contract period. During contractual period, any variation in existing taxes, duties, rates and
cess shall be borne by BPCL. Any upward statutory variation in taxes, duties rates and cess
(including any new tax) beyond contractual completion date shall be borne by the bidder.
However, in case of downward variation, the same shall be passed on to BPCL. GST details:
Type of GST namely IGST/CGST-SGST will be determined based upon the billing address
provided by the bidder in the tender & the state in which works are being executed.
B idders are requested to enter SAC codes (Service Accounting Codes)/HSN codes as
applicable
 in the relevant column of the price bid.
18. Bidders may have to attend the concerned office of the Corporation for clarifications and/or
 pre- bid meeting and/or negotiations/clarifications if required at their own cost, in respect
of their bids without any commitment from the Corporation.

19. It shall be understood that every endeavour has been made to avoid errors which can
materially affect the basis of the tender and the successful bidder shall take upon himself
and provide for risk of any error which may subsequently be discovered and shall make no
subsequent claim on account thereof.
20. START-UPS MEDIUM ENTERPRISES:
In case a start-up is interested in supplying the tendered item, but does not meet the Pre-
Qualification Criteria (PQC)/ Proven Track Record (PTR) of Prior Turnover norm as
indicated in the tender document, i.e., in this case the Bid Qualification Criteria (BQC)
mentioned above, the start-up shall be requested to write a detailed proposal separately and
not against the present tender requirement, to the tender issuing authority about its product.
Such proposals should be accompanied by relevant documents in support of Start-ups as
under:
i. Certificate of Recognition issued by Department of Industrial Policy and Promotion
(DIPP), Ministry of Commerce and Industry, GOI.
ii. Certificate of Incorporation/Registration.
iii. Audited P&L statement of all the Financial Years since incorporation. In case where
balance sheet has not been prepared, bidder shall submit a certificate in original from its
CEO/CFO stating the turnover of the bidding entity separately for each Financial Year
since incorporation along with a declaration stating the reason for not furnishing the
audited P&L Statement. The certificate shall be endorsed by a Chartered
Accountant/Statutory Auditor
iv. Such proposal will be examined by the tender issuing authority who may consider
inviting a detailed offer from the start-up with the intent to place a trial order or test
order provided the start-up meets the Quality and Technical specifications.
v. In case the start-up is successful in the trial order, it shall be considered for PQC
exemption/relaxation (as the case may be) for the next tender for such item till the time
the entity remains a start-up.

*****************************************************************************
BID QUALIFICATION CRITERIA FOR “PIPELINE ROU SURVEILLANCE FOR
BPCL'S CROSS COUNTRY PIPELINES IN WESTERN REGION-MAHARASHTRA
STATE FOR A PERIOD OF TWO YEARS”

1. PREAMBLE

Bharat Petroleum Corp Ltd is floating a tender for the job of “Pipeline ROU Surveillance for
BPCL's Cross Country Pipelines in Western Region-Maharashtra State for a Period of Two
Years” .

Since security manpower category is available on GeM, the tender will be floated as open
tender on GeM platform as per the GeM General Terms and Conditions.

2. BRIEF SCOPE OF WORK:

The scope of work is for providing GPS based Pipeline ROU (Rights of User in Land)
Surveillance for the cross-country petroleum product pipelines in Western Region-
Maharashtra State (MMBPL/MSPL/MWPL/MUPL) as detailed below.

• MUMBAI-MANMAD-BIJWASAN PIPELINE (MMBPL) : Pipeline Chainage 0 to 420 km

in Maharashtra state.
GPS based ROU Surveillance for 420 km of pipeline in Maharashtra state (Date of
commencement of service of Pipeline ROU surveillance is 31.08.2023)

• MUMBAI REFINERY TO SANTACRUZ AFS ATF PIPELINE (MSPL)

GPS based ROU Surveillance for 0 to 13 km in Mumbai (Date of commencement of

service of Pipeline ROU surveillance is 31.08.2023)

• MUMBAI REFINERY TO WADILUBE LOBS PIPELINE (MWPL)

GPS based ROU Surveillance for 0 to 11 km in Mumbai (Date of commencement of

service of Pipeline ROU surveillance is 31.08.2023)

• MUMBAI-URAN LPG PIPELINE (MUPL)

• GPS based ROU Surveillance for 0 to 27 km of pipeline in Mumbai & Raigad districts.(Date
of commencement of service of Pipeline ROU surveillance is 31.08.2023)

CONTRACT DURATION: The contract shall be valid for 2 years from the date of
commencement of contract.{ Refer – Tender documents for complete scope of work}

3. BID-QUALIFICATION CRITERIA

BPCL would qualify vendors for undertaking the above work as indicated in the brief scope.
The detailed bid qualification criteria for short listing of vendors shall be as follows:

I. Technical Criteria:
A) Similar Works Executed:

The Bidder shall have experience of having successfully completed * similar works during
any continuous 12 months period within last 7 years ending on the last day of the month
previous to the one in which tender is invited. The value of the works completed (proof of
completion to be submitted) should be as follows
For Non MSE bidders :

One Similar Or Two Similar Or Three Similar

(*) Work of value (*) Works each of value (*) Works each of value
not less not less than (including not less
than (including taxes & duties) than(including taxes &
taxes & duties) duties)
INR (Lakhs)

487.55 304.72 243.77

The value of similar works criteria have been relaxed 15% for MSE bidders as given below-
For MSE bidders :

One Similar Or Two Similar Or Three Similar

(*) Work of value (*) Works each of (*) Works each of value
not less value not less not less
than (including than (including taxes & than(including taxes &
taxes & duties) duties) duties)
INR (Lakhs)
414.41 259.01 207.21

Definition of “Similar Work Order” is as follows;

*Providing Security Manpower services for ROU Surveillance of Cross Country Pipelines
and/or Security Manpower Services for any industrial plants on contract basis in India

In case of long term/ongoing contracts the value of the completed works during any continuous
12 month period in the last 7 years shall be considered for evaluation.

Note:
i. In case of composite works, clear calculations showing the bifurcated cost towards the similar
work as defined above, duly self certified by the bidder should be submitted during bid stage.

ii. Each work considered for Technical BQC should have been awarded through single bidding
process through one tender. There may be single or multiple purchase orders / LOAs against
one tender.

B) Additional Criteria Requirement for similar works:

The bidder should have successfully completed at least one job of Providing Security
Manpower services for ROU Surveillance of Cross Country Pipelines in India during last 7
years ending on the last day of the month previous to the one in which tender is invited.

Explanatory Note:

This is required since the essence of the contract is pipeline surveillance and its monitoring and
any damage to the pipeline would lead to disaster to the surrounding and its environment.
Hence the bidder should have experience of handling such jobs which will ensure that no
tapping, pilferage, theft, damage happens on pipeline ROU / ROW.

Documents required for above technical criteria A) similar works criteria and B)
Additional requirement:

a. Signed Agreement/PO copy/Work order/LOI or any other document of award of work along
with BOQ which shows details of work awarded as per the above definition.

b. Completion Certificate by the client or any other document which conclusively proves
completion of the awarded work.

c. The work order for similar work(s) shall be in the name of the bidder. Works executed as
part of Joint Venture/Consortium will not be considered.

C) The bidder shall have a valid PSARA License for the states of MAHARASHTRA (valid as
on the date of original due date of submission of the tender) issued under the Private Security
Agencies (Regulation) Act,2005.

Document required for above criteria:

The following documents should be submitted in support of the Technical Criteria requirement
as mentioned above:

a. Valid PSARA License copy as per Private Security Agencies (Regulation) Act, [Link]
PASARA License copy as per Private Security Agencies (Regulation) Act, 2005 should be
submitted along with bid.

Note : Evaluation for the above Criteria shall be carried out by user function along with
technical evaluation .

II. Financial Criteria:

a. The average annual turnover of the Bidder for the last three accounting years should be equal
to or more than Rs. 182.83 Lakhs.

b. The bidders should have positive net worth as per the latest audited financial statement.
Bidder shall furnish Annual Report/ audited balance sheets including Profit and Loss Accounts
along with the Bid to establish Bidder's conformance to Qualification Criteria.
Documents required:
1. Bidder shall furnish Annual Report/ audited balance sheets including Profit and Loss
Accounts for previous three financial years along with the Bid to establish Bidder's
conformance to financial criteria and prove existence since three years.
2. In case a bidder (a Parent Company) is having wholly owned subsidiaries but only a
single consolidated annual report is prepared and audited which includes the financial
details of their wholly owned subsidiaries, consolidated audited annual report shall be
considered for establishing the financial criteria subject to statutory auditor of the
bidder certifying that separate annual report of bidder (without the financial data of
subsidiaries) is not prepared and audited.

3. Further, in case a bidder is a subsidiary company and separate annual report of the
bidder is not prepared & audited, but only a consolidated annual report of the Parent
Company is available, consolidated audited annual report shall be considered for
establishing the financial criteria subject to statutory auditor of the parent company
certifying that separate annual report of bidder is not prepared and audited.
4. In case the financial year closing date is within 6 months of original bid due date and
audited annual report of immediate preceding financial year is not available, Bidder
has the option to submit the financial details of the three previous years immediately
prior to the last financial year. In case the financial year closing date is within 6 – 9
months of original bid due date and audited annual report of immediate preceding
financial year is not available, Bidder has the option to submit the financial details of
the three previous years immediately prior to the last financial year provided Bidder
submits a letter from CA stating the reasons of non-preparation/furnishing of the latest
year’s Audited Financial Statements.
5. In case the financial year closing date is beyond 9 months of original bid due date, it
is compulsory to submit the financial details of the immediate three preceding
financial years.
6. Example, in case, audited annual report of immediately preceding financial year (year
ending 31st March) is not available and where bid closing date is up to 31st
December, the financial details of the three previous years immediately prior to the
last financial year may be submitted. However, in case the bid closing date is after
31st December, it is compulsory to submit the financial details of the immediate three
preceding financial years only

Note: All the above BQC documents should be in the name of bidder .

4. Declarations by the Bidder:

• Bidder is not under liquidation, court receivership or similar proceeding.

• Bidder is not currently serving any Holiday Listing orders issued by BPCL or
MOPNG debarring us from carrying any business dealings with the BPCL/MOPNG
or convicted of an offence- (a) Under the Prevention of corruption Act, 1988:or (b)
The Indian penal code or any other law for the time being in force, for causing any
loss of life or property or causing a threat to public health as part of execution of a
public procurement contract.
 • Compliance of Restrictions for Countries which share land with India { Restrictions
under Rule 144(xi) of the General Financial Rules, 2017–Reference OM no.
6/18/2019 – PPD dtd. 23.07.2020 (read along with any subsequent
clarifications/amendments thereof) issued by Ministry of Finance, Public Procurement
Division ( [Link] }.

• Acceptance to Social Media Guidelines.

• Integrity pact( IP)

• Declaration of local content as per PPP- Make In India(MII).

Note: Bidders not furnishing above declarations in tender will not be considered for evaluation
and ordering.

5. Bids may be submitted by:

I. An entity (domestic bidder) that has completed 3 financial years of existence as on

original due date of tender since date of commencement of business.
II. “JV/Consortium bids will not be accepted (i.e Qualification on the strength of the JV
Partners/Consortium Members will not be accepted)”.

7. General:

a. Bidder shall furnish necessary documentary evidence as mentioned above along with the
bid. 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.

b. Document Verification: While submitting the bid, all vendors have the option
of providing self-certified( signed/stamped) copies of certificates/documents with an
undertaking to submit TPIA verified document in case the vendor emerges as successful
vendors as per format provided in the tender document
The L1 bidder shall submit all the bidding documents related to Bid Qualification, Technical
and Commercial Qualification Criteria duly certified with comments “Verified from
Originals w.r.t. all the documents”, by any one of the TPIAs which are registered under
“NABCB (National Accreditation Board for Certification Bodies) accredited bodies as per
requirement of ISO/IEC 17020 as Type A”in QCI
NABCB website (http:/[Link]/accreditation/reg_body_inspection_bodies.php) as on
date of verification of documents.
Valid accreditation certificate of the TPI under “NABCB accredited bodies as per requirement
of ISO/IEC 17020 as Type A” in QCI’s NABCB website, should also be furnished by the
bidder.

Submission of Original TPIA Verified Documents:

Hard copies of the TPIA certificate and its supporting documents as mentioned above with
original stamp certified with comment ‘Verified from Originals’, shall be submitted by the L1
bidders (on whom the award of job is proposed) to Procurement Leader CPO (Mktg)-Grp-7,
Central Procurement Organisation (M) office, “A” Installation, Ground Floor, Sewree Fort
Road, Sewree (E), Mumbai – 400015

c. Bidder shall ensure that any certificate/ reports issued/ attested by a practicing-chartered
accountant in India and submitted in the bid shall mandatorily include the UDIN number.
Certificate / reports issued/ attested without UDIN number of practicing chartered accountant
in India shall not be considered for evaluation.

d. Charges of TPIA Verification : All charges of the Third Party Verification/CA certificate
shall be borne by the Bidders.

e. In case of BPCL work order/P.O. certification by TPIA is not mandatory. Completed value
in such case will be cross checked from our SAP system and completion certificate/other
documents to satisfy completed value is not mandatory.

f. The bidders who are already registered with BPCL should also submit all documents as per
the BQC.

g. BPCL reserves the right to accept / reject any or all bid- qualification documents at their sole
discretion without assigning any reason whatsoever.

h. BPCL, at its discretion reserves the right to verify information submitted and inspect the
facilities at party’s work to confirm their capabilities. BPCL also reserves the right to
independently assess the capability and capacity of the bidder for execution of the project.

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

j. 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.

k. All documents submitted should be in English only. In case any of the supporting documents
(either technical or financial) are not in English language, then the English translation copy of
the same shall also be furnished duly certified, stamped and signed by local Chamber of
Commerce or Indian embassy in their country or their embassy in India.

6. EARNEST MONEY DEPOSIT (EMD):

EMD of Rs. 1,00,000/- shall be applicable for this tender .
Bidders who are quoting as Micro/ Small Enterprise, shall upload scanned copy of valid
“Udyam Registration Certificate” along with scanned copy of “CA certificate” as per the
standard format. Registration on "UDYAM registration Portal” shall only be accepted as a valid
document from MSE Bidders .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
7. PERFORMANCE SECURITY (PERFORMANCE BANK GURANTEE /
SECURITY DEPOSIT/ RETENTION MONEY):
A Security cum Performance Bank Guaranty (PBG) of 10 % of basic value of contract shall
be submitted by the successful bidder, within 15 days of receipt of LOA/Contract.

8. EVALUATION METHODOLOGY

This Tender will be invited through open tender (domestic) as two part bid. The bid
qualification evaluation of the received bids will be done as per the above bid qualification
criteria and the technical bid of only the pre - qualified bidders will be evaluated subsequently.
Only the price bids of the techno-commercially qualified bidders will be opened and
evaluated. The evaluation shall be done on overall lowest quote( L1) basis.

The subject job is non-divisible for the purpose of purchase preference for MSE.

Note:
Any variation / increase in the minimum wage rates/ special allowances by the Statutory
Authorities during the tenure of the contract will be reimbursed as per the tender document.

If there is a tie either at or above the minimum administrative charges, with two or
more bidders as L1, then the following rules will be applied to select L1 bidder ,

a. If there is one MSE and remaining are non- MSE, MSE will be selected.
b. If multiple MSE bidders along with one or more non – MSE bidder/s is/are L1, MSE with
highest average annual turnover for last three (3) years, will be selected.
c. If multiple MSE bidders are L1 and no non – MSE bidder, “Run L1 report” functionality of
GeM will be used for selection.
d. If multiple Non-MSE bidders are L1 and no MSE “Run L1 report” functionality of GeM
will be used for selection.
BHARAT PETROLEUM CORPORATION LIMITED

Scope of Work
for
GPS Based Pipeline ROU Surveillance
For
BPCL's Cross Country Pipelines
In
Western Region-Maharashtra State
For
A Period of Two Years

Document No.100-GDN-ROU-IM-00-005

PIPELINES ENTITY

Page 1 of 21
 PIPELINES ENTITY
Scope of work for Pipeline ROU Surveillance for BPCL’s
cross-country pipelines in Western Region Maharashtra
Document No.100-GDN-ROU-IM-00-005

1.0 SCOPE OF WORK

The scope of work is for providing GPS based Pipeline ROU (Rights of User in Land) Surveillance
for the cross-country petroleum product pipelines in Western Region-Maharashtra State
(MMBPL/MSPL/MWPL/MUPL) as detailed below.

1.1 MUMBAI-MANMAD-BIJWASAN PIPELINE (MMBPL) : Pipeline Chainage 0 to 420 km in

Maharashtra state

➢ GPS based ROU Surveillance for 420 km of pipeline in Maharashtra state (Date of
commencement of service of Pipeline ROU surveillance is 31.08.2023)

1.2 MUMBAI REFINERY TO SANTACRUZ AFS ATF PIPELINE (MSPL)

➢ GPS based ROU Surveillance for 0 to 13 km in Mumbai (Date of commencement of service

of Pipeline ROU surveillance is 31.08.2023)

1.3 MUMBAI REFINERY TO WADILUBE LOBS PIPELINE (MWPL)

➢ GPS based ROU Surveillance for 0 to 11 km in Mumbai

(Date of commencement of service of Pipeline ROU surveillance is 31.08.2023)

1.4 MUMBAI-URAN LPG PIPELINE (MUPL)

➢ GPS based ROU Surveillance for 0 to 27 km of pipeline in Mumbai & Raigad districts.

(Date of commencement of service of Pipeline ROU surveillance is 31.08.2023)

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 PIPELINES ENTITY
Scope of work for Pipeline ROU Surveillance for BPCL’s
cross-country pipelines in Western Region Maharashtra
Document No.100-GDN-ROU-IM-00-005
2.0 DETAILED SCOPE OF WORK
2.1 RESPOSIBILITIES OF THE AGENCY: -
a. Agency shall be responsible and accountable for surveillance of the entire pipelines as stated
in point no.1.1 to 1.4 .The agency shall deploy the requisite required numbers of ROU
Monitoring Personnel (RMP), RMP Relievers, ROU Monitoring Supervisor (RMS), Armed
Security Guard (ASG) and ROU Monitoring Supervisor Night (RMSN),

Pipeline ROU Surveillance Deployment Plan

RMP RMS
ROU Surveillance STATE RMP RMS ASG
Reliever NIGHT
MMBPL-Area A
(0 to 34 km) & Maharashtra 36 12 6 1 1
MSPL,MWPL,MUPL
MMBPL-Area C Maharashtra
39 12 7 4 4
(34 to 180 km)

Abbreviations: -
RMP - ROU Monitoring Personnel
RMP Reliever - ROU Monitoring Personnel Reliever
RMS - ROU Monitoring Supervisor
ASG - Armed Security Guard
RMS Night - ROU Monitoring Supervisor Night

b. Contractor shall be responsible and accountable for overall pipeline surveillance and it's
monitoring in the specified stretch by deploying required numbers of its Surveillance
Personnel consisting of ROU Monitoring Personnel, ROU Monitoring Personnel Relievers,
ROU Monitoring Supervisor (RMS), Armed Security Guard (ASG), and ROU Monitoring
Supervisor Night (PSGN) for the respective chainages of all pipeline and as specified in the
contract under the category of employees engaged in “Employment of Watch and Ward” of
latest Central Govt. Act / Order.
c. Contractor shall be able to depute additional personnel for monitoring during the contractual
period even for a short period for any particular stretch RMP as requested by ROU officer
within 24 hours of the request. The payment to such RMP will be made on pro-rata basis on
quoted rate for RMP by agency.
d. In case of absenteeism of any surveillance personnel, the agency shall provide suitable
alternate personnel whose antecedents are pre-verified. To achieve this, the agency shall
submit details of such alternate personnel likely to be deployed with their antecedent
verification well in advance to BPCL and keep the same duly approved by BPCL.

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 PIPELINES ENTITY
Scope of work for Pipeline ROU Surveillance for BPCL’s
cross-country pipelines in Western Region Maharashtra
Document No.100-GDN-ROU-IM-00-005
e. Contractor shall directly supervise and control the personnel employed and shall also employ
responsible supervisors to be always present to ensure discipline and behavior, proper
monitoring of their personnel.
f. Contractor shall ensure proper conduct of his personnel regarding decency, morality,
intoxicants, fraud, horseplay and such other things having bearing on the safety of self, others,
equipment, and pipeline assets. He shall ensure that the personnel deployed shall always
protect and safeguard the interest of BPCL.
g. Agency shall ensure that all his personnel adhere to safe working practices and shall comply
with BPCL safety rules as laid down from time to time.
h. Agency shall assign line patrolling to RMP/RMS in consultation and as per the direction of the
respective ROU Officer. The RMP and Relievers deployed shall be rotated to immediately
adjacent stretches by the agency as and when required for enhancing the effectiveness of
surveillance in close liaison with the ROU Officer.
i. The essence of the contract is pipeline surveillance and its monitoring and any damage to the
pipeline would lead to disaster to the surrounding and its environment. Hence the agency
shall ensure that no tapping, pilferage, theft, damage, removal of soil from pipeline ROU,
excavation, blasting without permission of BPCL and or any unauthorized activities in pipeline
ROU / ROW takes place.
j. Agency shall also ensure that no encroachment happen in the pipeline ROU. Any such
encroachment shall be treated as non-performance of the contract and shall be penalized as
stated elsewhere in this scope of work.
k. Commencement & completion of line patrolling by RMP, RMS shall be monitored on daily
basis by the agency through the GPS based surveillance and any lapse should be set right
by the agency immediately and report to be submitted in physical format.
l. Performance of surveillance team shall be evaluated by close study of line walking pattern of
RMP, RMS by using the GPS tracking methodology by the agency on a daily basis. Any
observation in terms of deviations from the Geo-fence area of ROU, short coverage of the
stretch allocated, single point occupancy in ROU for a prolonged time, unsteady speed of line
walking as per the limit prescribed in the surveillance contract should be analyzed, assessed
and resolved immediately by the agency. Failure in resolving the same shall be treated as
non-performance.
m. Monthly consolidated GPS report of RMP/ REL, RMS shall be analyzed and evaluated by the
agency and a detailed report shall be submitted by the agency on a monthly basis for each
RMP, Reliever, RMS and NP crew to respective ROU Officer.
n. Agency shall take a detailed stock of the ROU assets (Warning Boards, km Markers, Aerial
Markers, ROU/ROW Boundary Stones, Boundary demarcation stones in forest area, Anode
Beds, TLP Boxes, OFC Joint Markers, Polarization cells, Solid State Devices, Vent pipes,
Drainpipes in cased crossings etc.) for each spread jointly with BPCL ROU Officer before
commencement of the contract. A copy of such first-time joint report duly signed by the agency
and respective ROU Officer shall be submitted to the BPCL ROU officer by the agency within
15 days from commencement of the contract.
o. It shall be the responsibility of the agency to ensure that all such verified ROU assets are in
place and any loss / damage to the same shall be reported immediately to the ROU Officer.
Agency shall aid BPCL in filing an FIR with police or suitable complaints with any other bodies
p. Agency shall also submit a verification statement of the ROU Assets each spread wise duly
signed by the agency and the RMP / RMS on quarterly basis to the ROU Officer/s.

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 PIPELINES ENTITY
Scope of work for Pipeline ROU Surveillance for BPCL’s
cross-country pipelines in Western Region Maharashtra
Document No.100-GDN-ROU-IM-00-005
q. The Surveillance personnel / agency shall immediately inform BPCL’s ROU officer any
communications from any of the interested parties in ROU. Any lapses in this will be
considered as non-performance and will be penalized as stated elsewhere in this scope of
work.
r. Agency shall educate and develop the surveillance personnel (RMP, RMS and Night
Patrolling Crew) towards intelligence gathering in terms of the cues as below
1. Sudden influx of earth moving mining / construction equipment in the area within the
eyesight of ROU.
2. Blasting or Surface mining in the area within the eyesight of ROU
3. Indication towards upcoming new buildings, well derricks, residential colony
developments, property developments etc.
4. Alertness to see through forth-coming political meetings, local festivals,
stage/enclosures for fairs.
5. Grading, Resurfacing, or Construction of new roads, streets, ditches or waterways.
6. Subsidence or earth movement with particular attention to areas near water bodies &
their embankments.
7. Changes of the location of swamps, creeks, or riverbeds on or near the pipeline ROU
8. Dumping of dead animals, debris or trees in pipeline ROU
9. Sudden withering or drying up of vegetation amongst greenery
10. Oil traces on surface of water body
s. Agency shall ensure that following details are ensured before deployment of RMP, RMS, SG,
ASG
1. Verification of proof of residence issued by competent authority
2. Photo identity card issued by competent authority.
3. Police verification Certificate from Local Police Authority
t. Agency shall ensure to maintain necessary records and file of the personnel deployed for the
work in a proper format with necessary proof. The format should provide all the relevant
details of domicile, education, residential address, recent passport photograph, police
verification certificates etc. The agency shall submit the said details for personnel deployed
as RMP, Reliever, RMS, ASG, PSGN each spread wise to the respective BPCL ROU officer
within 15 days from commencement of the contract.
u. Agency shall inform BPCL in writing of any change in the deputation of the personnel and
take necessary steps to update the information filed at no extra cost. Agency shall also
maintain all the records of RMP, Reliever, RMS, ASG, RMSN at no extra cost as per the
statutory guidelines and produce the documents when asked by statutory authority or BPCL
from time to time.
v. Agency shall provide a maximum of additional 06 numbers of surveillance personnel and one
supervisor on immediate basis at times of exigencies or within 24 hours of notice whenever
requested by appropriate authority of BPCL at the same contractual terms and conditions.
w. BPCL reserves the right to increase / reduce number of personnel assigned for surveillance
of pipeline as and when required without assigning any reason whatsoever.
x. Agency shall ensure that personnel deployed shall wear uniform, safety / monsoon shoes as
applicable and should have gadgets as necessary as per duty requirement.
y. Pipeline surveillance monitoring shall be done as directed by BPCL officers and RMP /RMS
performance shall be monitored based on GPS reports. The GPS performance report shall
be binding and final for disbursement of wages to your personnel. Non-usage of GPS tool by

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 PIPELINES ENTITY
Scope of work for Pipeline ROU Surveillance for BPCL’s
cross-country pipelines in Western Region Maharashtra
Document No.100-GDN-ROU-IM-00-005
your personnel due to other reasons which is not attributable to the functioning of device shall
be considered as non-performance of duty and shall be marked as absent. Its Agency's
responsibility to keep GPS device in working condition all time and it must be replaced or
repaired within 3 days' time of reporting of non-functioning of device. Beyond 3 days Agency
shall be penalized as mentioned in the GPS scope of work.
z. Agency shall provide the items as listed below to all the pipeline surveillance and security
surveillance personnel deployed by them. It shall be the responsibility of the agency to ensure
that the pipeline surveillance and security surveillance personnel are in the designated attire
along with the PPEs given below:
SN Item Description Qty Frequency/Annum
Items towards attire with the agency’s
A company logo and name
1 Cotton Trouser 2 nos Once
2 Shirt 2 nos Once
3 Lanyard with whistle 1 no Once
4 Cap 2 nos Once
5 Shoulder badge 1 no Once
6 Name Plate 1 no Once
7 Winter wear 1 no Once
8 Raincoat 1 no Once
9 Radium Jacket 1 no Once
B Personnel Protective Equipment (PPE)
1 Safety Shoe High ankle 1 pair Once
2 Gum Boot 1 pair Once
3 Pointed baton 1 no Once
4 Snake bite anklet 1 no Once
5 Backpack with necessary personal first aid kit 1 no Once
6 Safety Goggle 1 no Once

aa. Any pipeline surveillance and security surveillance personnel observed without the
designated attire and PPE shall be logged under Behavioral Based Safety (BBS) and the
same shall have a bearing on the performance evaluation of the personnel as well as the
agency.
bb. The above items are part of the technical bid, If any of the above items are found defective or
of inferior quality, then agency shall replace it with new one free of cost. BPCL reserves the
right to provide any deficiency and recover the cost from the agency.
cc. Agency has to ensure that wages for a completed month shall be deposited to the bank
accounts of the personnel deployed latest by 7th of the following month and a detailed
statement of disbursement shall be submitted to respective ROU Officer by 10th of the month.
Any failure in this shall be considered as non- performance along with the proof of compliance
of all statutory obligations like PF, ESI etc. The wages are disbursed in line with the contract

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 PIPELINES ENTITY
Scope of work for Pipeline ROU Surveillance for BPCL’s
cross-country pipelines in Western Region Maharashtra
Document No.100-GDN-ROU-IM-00-005
and Minimum Wages Act under “Watch and Ward category “and as quoted by the Agency in
the price bid break up,
dd. Agency shall be solely responsible for the safety of their personnel deployed for pipeline
surveillance and to provide them adequate and necessary equipment. He shall also have to
ensure that they are properly covered by registered Insurance company policies for injury or
loss of life of the agencies’ personnel or register with ESIC as applicable. No Administrative
cost shall be applicable on such payment.
ee. Agency shall issue ID card to all RMP, RMS, ASG, RMSN covering details like Name, Present
Address, Ticket No., Blood group, Residence emergency contact no. and If found, please
return to, Date of issue and Validity within 30 days from commencement of contract.
ff. GPS tracking device shall be provided to all RMP, RMP reliever, RMS, by the agency. It is
agency's responsibility to make sure that it is being used by his personnel deployed for
pipeline surveillance. The physical surveillance of the pipeline shall be monitored by the
agency with the help of GPS based monitoring system for ensuring the surveillance within the
geo-fenced area for a minimum of 95 % of coverage on daily basis. The surveillance
personnel shall ensure and verify the same at the end of the patrolling on daily basis in
communication with the agency / its representative/BPCL’s ROU Officer or through self-
verification with the aid of Mobile Application provided by the agency as part of GPS
surveillance. Any shortfall monthly attendance sheets shall be verified from GPS report of
that month. Line walking not conforming to 95 % shall be confirmed by the agency before
closure of the surveillance for the day.
gg. Agency shall ensure that GPS device is charged fully before commencement of duty by each
RMP, RMP reliever, RMS.
hh. Latest electronic equipment, like Camera mounted helmets, wireless handheld device for
communication etc., which are easy to carry may be provided by BPCL to Agency to increase
surveillance of pipeline. Agency shall also ensure that such provided electronic devices are
used by his personnel without any additional cost. In case of any damage or theft the cost of
the device shall be recovered from the Agency from his running bills. The Agency shall not
be entertained for any additional cost to use such devices.
ii. Agency shall carry out periodic health examination of all surveillance and security personnel
once per year during contract period and confirmation report to be submitted to ROU Officer.
jj. Agency has to provide adequate First Aid and Fire-Fighting Training from recognized agency
for handling emergencies at the pipeline. This should be followed by submission of proof of
imparting the same. It should be carried out once in a contract period covering all the
personnel deployed.
kk. The consolidated quantity regarding the requirement Surveillance Personnel consisting of
ROU Monitoring Personnel, ROU Monitoring Personnel Relievers, ROU Monitoring
Supervisor, Armed Security Guard (ASG), RMSN for the respective chainages of all pipelines.
The tendered quantity also include additional surveillance personnel to be deployed at the
time of any exigency as required during the contractual period
ll. BPCL may require night line walking considering the sensitivity of the area and the same will
be provided by the Agency at the same rate.
mm. Agency shall aid BPCL in lodging an FIR with local police authorities for any incident under
the direction of the respective BPCL’s ROU Officer/s. The agency shall also provide
necessary follow up with appropriate police authorities and also extend suitable support

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 PIPELINES ENTITY
Scope of work for Pipeline ROU Surveillance for BPCL’s
cross-country pipelines in Western Region Maharashtra
Document No.100-GDN-ROU-IM-00-005
during site visits by local authorities as part of any investigation and/or inspection. The FIR
shall be filed in the name of BPCL only under the guidance of respective ROU Officer.
nn. BPCL shall not entertain any expenditure towards any administrative office separately.
Agency is required to authorize the name of the local officer and contact details to approach
for any issues related to pipeline security & surveillance and he shall be responsible for overall
security & surveillance of the pipeline in the area including visit to site as per the requirement
and coordination with statutory authority.
2.2 GPS BASED TRACKING AND MONITORING SYSTEM FOR RMP/RMS

a. Agency will have to implement the GPS based Tracking and Monitoring System for RMP
(including Relievers), RMS and RMSN. The monthly performance and attendance of the
surveillance personnel shall be based upon the GPS tracking.
b. BPCL will provide its route map survey which contains geo-coordinates of the pipeline along
with the important landmarks of pipeline like KM Post, Warning board, TLP, Cable Markers,
Road/Rail/Water crossing to Successful Bidder
c. For complete tracking of all Surveillance Personnel (RMP, RMP Reliever & RMS), Successful
Bidder shall setup the complete GPS package including procurement and issue of GPS
devices to all Surveillance Personnel for their tracking and monitoring.
d. Separate GPS tracking device shall be provided to all RMP, RMP Reliever, RMS & RMS N
by the agency. It shall be the responsibility of the agency to make sure that it is being used
by his personnel deployed for pipeline surveillance.
e. Agency shall provide by self a suitable Mobile and Web based application for the GPS
surveillance system which shall cater to:
1. Monitoring of physical surveillance by RMP, Reliever, and RMS.
2. Predefined route with Geo fencing.
3. Monitoring and analysis of surveillance by the RMP / Reliever towards ensuring
surveillance within the geo-fenced area for a minimum 95 % of coverage on daily basis.
4. Current location on map, calling buttons
5. Reporting and logging of abnormal activities with level of intensity, chainage number,
Audio- video notes, text messages and photos in real time.
6. All digital records in the form of location on Maps.
7. Recovery of historical data for last 3 months and periodically handing over the details to
BPCL within 15 days on completion of each quarter.
8. The surveillance personnel should be able to verify the same themselves using their
handheld devices provided by the agency.
9. Providing Handheld GPS Devices to Pipeline Surveillance Staff. Agency shall consider
a spare policy of having at least 4 nos. of GPS devices for immediate replacement
whenever required and also to cater to additional requirements of BPCL.
10. SIM card which are required for GPS devices and its recurring cost.
11. Server/Hardware to hire/host the data related to customized mapping of the pipeline
geo-coordinates and GPS tracking

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 PIPELINES ENTITY
Scope of work for Pipeline ROU Surveillance for BPCL’s
cross-country pipelines in Western Region Maharashtra
Document No.100-GDN-ROU-IM-00-005
12. Customized Software for maps and tracking which should be capable of generating
reports based on the GPS data of personnel.
13. GPS Software/website should have different login for Bidder staff and BPCL staff.
14. The system shall be web browser based (encrypted) and should be able to open with
URL by BPCL.
15. There may be case when, agency has also to carry out GPS route map survey for noting
down the ROU Geo-ordinates along the pipeline. The charges toward carrying out these
ROU survey shall not be paid separately to the agency. Agency is required to carry out
survey for noting down the geo-coordinates along the pipeline along with the other
details of ROU related to crossings, WB, TLP, CM, landmarks. These geo-coordinates
then will be plotted on the graphical map. Agency shall submit the back up of these geo-
coordinates to BPCL.
f. Agency can either provide GPS handheld devices or Android based Mobile phones for
tracking of the pipeline patrolling staff. The Android based Mobile phones shall be of
Samsung, Motorola, Nexus, Apple, Nokia, LG, Sony, and Ericson or as approved by BPCL.
Both of the devices should meet following criteria:
1. Location accuracy of the device should not be more than +/- 10 m.
2. Device should be able to transmit its signal regularly which should be programmable
and with frequency not more than 3 minutes.
3. Memory capacity to store more than 1000 GPS records & once the connection is
established the device will send stored data via GPRS.
4. Device should be suitable for field application with life of at least 3 years.
5. Device should be able to operate for minimum 12 hours without charging.
6. Device should have facility to generate panic event in case of emergency. This can be
done by pressing a switch or alternative mechanism that is easy to use and 100%
reliable.
g. The whole GPS package (Hardware/Software/Server) to be used for GPS tracking should be
able to
1. Show the pipeline along with geo-fence of +/- 25 m on the customized [Link]-
coordinates of pipeline will be provided by BPCL and in some cases qualified bidder has
to take Geo-coordinate on his own if required.
2. Show live tracking of the individual patrolling staff.
3. Show historic view of the individual patrolling staff.
4. The package should be capable to store historic data of location of all the staff
5. The package should be able to generate daily report of the individual staff based upon
their performance like distance travelled, travel speed, work time, idle time, geo-fence
violation, etc.
6. The package should also have capability to generate report individually on the basis of
the above parameters and send consolidated ROU Officer.
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Document No.100-GDN-ROU-IM-00-005
7. The agency should be capable of developing a software package/website which can
integrate monthly attendance sheet with the daily GPS reports of the patrolling staff. If
Daily performance report of any individual is not found Ok on any given date, then
attendance for that given date should be negative. However, there must be provision in
system to change the attendance from absent to present and vice versa. However, this
changing should be done with proper justification which can be added as remarks in the
system against that individual and date.
8. Based upon this daily performance report, the patrolling staff's attendance will be linked
for the wage payment.
9. BPCL shall also have the access to check on tracking of RMP/RMS. The agency shall
submit the monthly attendance sheet based upon the GPS tracking and GPS daily
performance report. BPCL can anytime cross check the report thru the historic data on
GPS website through URL.
10. The customized map should be capable of individually showing personnel and work
area/pipeline length in the website/URL. There should be option for changing the work
area of any individual device in the system.
11. Agency shall keep availability of server all time and in any case, it should not fall below
99.0 % in month. It is expected that agency shall keep redundancy at server level and
power back up with following minimum spec of each GPS Server
➢ Processor: 64 Bit with two or more than two processor
➢ Memory: 32 GB RAM (with expandable)
➢ RAID & Hard Disk Drive: RAID-1 configuration with storage of 500 GB or 6 Month
storage capacity whichever is higher.
➢ Power Supply: Redundant Power Supply
➢ Operating System: Latest Microsoft Window Server or equivalent Server level
software.
h. Agency shall develop a format for measurement of availability of system and submit to BPCL
for approval. On BPCL’s approval it has to be submitted along with the monthly report.
i. The maintenance and upkeep of the whole GPS package including devices will be in scope
of agency. Agency shall replace or repair the device/package as and when required to ensure
uninterrupted availability of GPS Surveillance System. No Surveillance Personnel shall be
working without GPS device for more than 72 hours.
j. The downtime for the GPS system (whole package/ website/server) should not exceed more
than 24 hours. The Bidder will have to ensure that any major breakdown of the system will
have to be restored within 24 hours. The payment for maintaining the GPS system will not be
done for the period for which GPS system is down.
k. Agency or its GPS system provider must also have customer care point / number for handling
any complaints related to GPS devices.
l. The agency will be given a maximum timeline of 30 days (from the date of LOA Acceptance)
for installation and commissioning of GPS monitoring (including GPS device,
server/hardware/software/attendance package).
m. The data pooled by GPS surveillance is the sole property of BPCL and the agency / GPS
service provider shall submit the spread wise data to BPCL ROU officer on a monthly basis
within 7 days of time for the previously concluded month.

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cross-country pipelines in Western Region Maharashtra
Document No.100-GDN-ROU-IM-00-005
n. BPCL reserves the right to verify the server of the agency for any investigative or other needs
for the data pooled by the GPS system.
o. Data Back-up of the GPS daily report, monthly report to be submitted by GPS service provider
on Monthly Basis to ROU officer of BPCL.
p. Agency shall arrange to provide the training to RMP/RMS for use of handheld device and
BPCL staff for familiarization of GPS software and also update BPCL staff time to time in case
any updation is done in software.

2.3 RESPONSIBILITIES OF ROU MONITORING PERSONNEL - RMP & RELIVER

a. Carry out physical ground patrolling on daily basis on the assigned stretch on the pipeline
route. One week off shall be provided as per the ROTA which will vary from time to time during
the period of the contract.
b. Shall be able to provide 95% coverage within the geo-fenced area with minimum occupation
of 7 hours in the geo fence on daily basis. Any shortfall in coverage of allotted stretch will also
be considered as non-performance on any particular day. RMP is entitled to take one weekly
off based on the ROTA.
c. Shall gather intelligence in terms of the cues as below
1. Sudden influx of earth moving mining / construction equipment in the area within the
eyesight of ROU.
2. Blasting or Surface mining in the area within the eyesight of ROU
3. Indication towards upcoming new buildings, well derricks, residential colony developments,
property developments etc.
4. Alertness to see through forth-coming political meetings, local festivals, stage/enclosures
for fairs.
5. Grading, Resurfacing, or Construction of new roads, streets, ditches or waterways.
6. Subsidence or earth movement with particular attention to areas near water bodies & their
embankments.
7. Changes of the location of swamps, creeks, or riverbeds on or near the pipeline ROU
8. Dumping of dead animals, debris or trees in pipeline ROU
9. Sudden withering or drying up of vegetation amongst greenery
10. Oil traces on surface of water body
d. Ensure to check the authority/approval with the personnel carrying out maintenance work
along the pipeline. He shall also confirm the availability of work permit with the maintenance
crew and record the same in his logbook and report the activities. The Agency/his personnel
shall carry out all legitimate/relevant orders related to safety of pipeline and its operations.
e. Promptly report to BPCL authorities of any attempts of encroachment of ROW (Right of Way),
any construction over the route, sabotage or tap the pipeline or destruction caused to any
equipment/post/pipeline fixture due to any accident or vagaries of nature.
f. Report leakages, line rupture, incidents of fire adjacent to pipeline route, incidents of fire
arising out of product leakages from the pipeline, etc. to BPCL authorities, Fire brigade and
Police etc.
g. Recording all the information/report of the incidents apart from communicating the same to
BPCL authorities and his supervisor in the Logbook/daily report.
h. Promptly report suspected movement of any vehicle or oil tanker in his area of control to ROU
officer and respective control room.
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Document No.100-GDN-ROU-IM-00-005
i. Use fastest mode of communication to report such events without loss of time to designated
Officer/control room. Agency and his personnel shall use mobile for quick communication. As
an alternate mode of communication nearby PCO or other mode of communication shall be
used.
j. Assisting the Police and other authorities in investigation in case of accident/crime or any
incident, report/submit FIR/ give evidence to the Police about the incident.
k. Shall act as a member of the auxiliary firefighting squad, carry out crowd control and report
to BPCL authorities and Police/Fire brigade authorities. Ensure to follow the safety rules and
regulations related to pipeline operations and handling of emergency as prescribed from time
to time.
l. Shall carry GPS device provided by Agency while carrying out the line walking in his spread.
He has to ensure that device is fully charged before commencement of duty.
m. Any non- performance by RMP/ RMS / Reliever, a penalty of Rs.1,200/- per RMP per day will
be levied on the agency and shall be recovered from any dues payable to the agency.
n. Shall immediately inform BPCL’s ROU officer any communications from any of the interested
parties in ROU. Any lapses in this will be considered as non-performance and will be
penalized as stated elsewhere in this scope of work.
o. Shall participate in ERDMP drills
p. Shall perform all assigned task during all exigencies over and above deployment of security
at site
q. RMP reliever shall have a stretch of 60 km. Reliever has to perform the duty of the RMP for
6 Nos of RMP during their week off days.
r. RMP Relievers shall abide by all the rules and responsibilities of RMP.
s. Shall use available transport mode to reach the place of duty on time.

2.4 RESPONSIBILITIES OF ROU MONITORING SUPERVISOR (RMS)

a. Shall directly control and monitor the RMP/ Reliever deployment as per ROTA
b. Shall report to respective ROU Officer on daily basis over the phone about ROU activities and
submit the daily reports to respective ROU Officer.
c. Shall perform physical ground surveillance of the entire assigned stretch at least twice in a
month. Noncompliance will attract a penalty of Rs.1,200/- per stretch not covered per month
d. Shall be required to submit weekly report to respective ROU Officer.
e. Shall ensure that the RMP/Reliever are patrolling their assigned section of pipeline on daily
basis without fail as per schedule and finding /confirmation in this regard to be advised to
concerned ROU Officer on daily basis.
f. Working hours shall be 08 hours and duration of work shall be as per the requirement of
BPCL. Shall avail one weekly off as per the ROTA which will vary from time to time during the
period of the contract.
g. Shall gather intelligence in terms of the cues as below
1. Sudden influx of earth moving mining / construction equipment in the area within the
eyesight of ROU.
2. Blasting or Surface mining in the area within the eyesight of ROU

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Scope of work for Pipeline ROU Surveillance for BPCL’s
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Document No.100-GDN-ROU-IM-00-005
3. Indication towards upcoming new buildings, well derricks, residential colony developments,
property developments etc.
4. Alertness to see through forth-coming political meetings, local festivals, stage/enclosures
for fairs.
5. Grading, Resurfacing, or Construction of new roads, streets, ditches or waterways.
6. Subsidence or earth movement with particular attention to areas near water bodies & their
embankments.
7. Changes of the location of swamps, creeks, or riverbeds on or near the pipeline ROU
8. Dumping of dead animals, debris or trees in pipeline ROU
9. Sudden withering or drying up of vegetation amongst greenery
10. Oil traces on surface of water body
h. Shall perform a minimum of 04 surprise visits per week to check the alertness of the RMP on
random intervals and inform the details of the surprise check to ROU Officer through the
verbal communication or through the mobile application immediately.
i. Shall submit the surprise check report to ROU Officer within 2 days of each surprise check
j. Shall assist maintenance crew to identify locations of the pipeline and extend all requisite
support including physical presence at work spot.
k. shall ensure that no tapping, pilferage, theft, damage, removal of soil from pipeline ROU,
excavation, blasting without permission of BPCL and or any unauthorized activities in pipeline
ROU / ROW takes place
l. Shall also ensure that no encroachment happen in the pipeline ROU. Any such encroachment
shall be treated as non-performance.
m. Promptly report to ROU Officer of any attempts of encroachment of ROW (Right of Way), any
construction over the route, sabotage or tap the pipeline or destruction caused to any
equipment/post/pipeline fixture due to any accident or vagaries of nature.
n. Shall coordinate with third parties to remove the encroachment from BPCL ROU if any
including taking help from statutory authorities to remove encroachment.
o. Shall assist BPCL in filing the FIR with Police and participate in any investigation by the police
or any other agencies or by internal team of BPCL by giving facts well known and evidenced.
p. Shall take a detailed stock of the ROU assets (Warning Boards, KM Markers, Aerial Markers,
ROU/ROW Boundary Stones, Boundary demarcation stones in forest area, Anode Beds, TLP
Boxes, OFC Joint Markers, Polarization cells, Solid State Devices, Vent pipes, Drain pipes in
cased crossings etc. for each spread jointly with BPCL ROU Officer before commencement
of the contract.
q. Shall ensure the same is verified and ensured on a monthly basis and report is submitted to
ROU Officer on quarterly basis.
r. Shall participate in all review meetings
s. Shall coordinate and supervise the work being carried out near or on BPCL pipeline and within
ROU to safeguard pipeline, OFC and ROU assets
t. Shall visit and submit report of visit to all SV / IP Stations in his stretch at a minimum frequency
of two visits per station per month.
u. Shall be available on mobile all the time.
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Document No.100-GDN-ROU-IM-00-005
v. Use fastest mode of communication to report any events without loss of time to designated
Officer/control room/police authority. Supervisors shall use mobile for quick communication
w. Shall carry GPS device provided by Agency while carrying out the duty in his spread. He has
to ensure that device is fully charged before commencement of duty.
x. Shall organize and participate in village awareness program
y. Shall participate in ERDMP drills
z. Shall perform all assigned task during all exigencies over and above deployment of security
at site
aa. Shall ensure that all Surveillance personnel use Safety shoes/ Monsoon shoes, Snake bite
anklet and are in prescribed attire at all the time during the duty.
bb. Shall prepare the daily ROTA for ROU Surveillance, monitor their performance, prepare their
attendance sheet and submit the same to the agency and BPCL ROU officer.
2.5 RESPONSIBILITIES OF NIGHT PATROLLING CREW
1. Agency shall deploy a crew for night patrolling of the ROU and other designated areas as
per the direction of respective BPCL ROU officer. The night patrolling crew shall be
provided as per the detailed specifications given below and each night patrolling crew shall
consist of
a. One Armed Security Guard (ASG)
b. One ROU Monitoring Supervisor (RMS Night)
2. Night Patrolling Vehicle shall be provided through a separate agency for utilization by RMS
and ASG under the guidance of the BPCL ROU officer.
3. Agency shall provide personnel for monitoring of pipeline in nighttime of 8 hours duty as
required and directed from time to time by respective mainline officer of BPCL / ROU in
Charge.
4. Agency shall directly supervise and control the personnel employed and shall also employ
responsible supervisors to be always present along with Armed Security Guards to ensure
discipline & behavior and pipeline safety all the time.
5. Agency shall provide licensed gun to the Armed Security Guard who is qualified to operate
it. Armed security guards must have valid license to operate the gun. The Armed Security
Guard shall use the gun as per relevant act and shall be governed by the same.
6. The personnel deployed by the agency shall follow the instruction of the BPCL Mainline
officer regarding the ROU monitoring work on the Pipeline during night patrolling.
7. ROU Monitoring Supervisor (RMS Night) shall prepare his night visit report during his visits
to the various critical points detailing time of visit and site condition and observations on
BPCL pipeline and night reports to be submitted on weekly basis to Mainline Officer.
8. Agency shall ensure that Armed Security Guard /RMS Night report to duty for 8 hours
which can be extended for 12 hours in case of exigency. Armed security guard, RMS Night
deployed for night patrolling should be exclusively for night patrolling only. They should not
be deployed at other locations in daytime.
9. Agency shall be solely responsible for the safety of their personnel during night patrolling
and to provide them adequate and necessary equipment and shall ensure to have them
properly covered by registered insurance company policies for injury or loss of life of the
agency’s personnel or ESIC whichever is applicable.
10. Agency shall observe and implement all applicable statutes and Rules framed there under

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Scope of work for Pipeline ROU Surveillance for BPCL’s
cross-country pipelines in Western Region Maharashtra
Document No.100-GDN-ROU-IM-00-005
which are beneficial to the staff/workmen employed by him/them and BPCL shall in no
event be liable or responsible for any default that will arise out of non-observance of such
law/rules on the part of the agency and that the agency shall indemnify and keep
indemnified BPCL the same and from the proceedings in respect thereof.
11. The night personnel crew shall be removed from duty if he is found to be under the
influence of alcoholic beverages or any unlawful activity.
12. Agency shall provide licensed gun with minimum two bores or higher version with valid
license issued by competent authority. The license copy shall be provided to Mainline
officer
13. NP crew shall report to BPCL authorities of any attempt / any construction over the route,
sabotage or tapping, leakages, line rupture, incidents of fire adjacent to pipeline route, fire
arising out of product leakages from the pipeline, any damage / destruction caused to
pipeline, OFC, ROU assets.
14. Use fastest mode of communication to report such events without loss of time to
designated Officer/control room/police authority. Agency and his personnel shall use
mobile for quick communication. The NP crew shall assist the Police and other authorities
in investigation, provide evidences, reporting the incident witnessed in case of any
accident.
15. The NP personnel shall act as a member of the auxiliary firefighting squad, carry out crowd
control and report to BPCL authorities and Police/Fire brigade authorities. Ensure to follow
the safety rules and regulations related to pipeline operations and handling of emergency
as prescribed from time to time.
16. Armed Security Guards (ASG) shall.
a. Carry out night patrolling at specified locations to safeguard BPCL pipeline and they
may have to carry out line walking in the night from time to time as specified by BPCL
officer.
b. Make all the efforts to safeguard BPCL pipeline during their work near pipeline. Carry
out the jobs assigned by BPCL authorities from time to time related to safety of pipeline.
c. Carry the licensed gun with live magazine and he should have valid license to operate
it in the state of use (Maharashtra).
d. Shall carry the gun license at all times while on duty
e. Be available on mobile all the time.

2.6 ROU INTEGRITY (VILLAGE) AWARENESS PROGRAMME

a. Agency shall organize village awareness program in the villages from where pipeline passes
in close coordination with respective ROU Officers as per the plan laid by BPCL. A minimum
of one such programme shall be organized per quarter as per the direction of respective BPCL
ROU officer.
b. The above program shall be focused on pipeline safety & surveillance and general health and
safety tips.
c. By doing such type of program, villagers must see pipeline surveillance personnel and its
officials as their friend and share information related to pipeline.
d. The agency shall be paid the actual expenses against authenticated bills up to a maximum
amount of ₹4,000/- per program to cover the administrative cost and other incidental
expenses

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Scope of work for Pipeline ROU Surveillance for BPCL’s
cross-country pipelines in Western Region Maharashtra
Document No.100-GDN-ROU-IM-00-005
e. Agency need to submit proper bills for such expenses to ROU Officer for certification and
shall be invoiced along with monthly RA bills
f. The above reimbursement is subjected to submission of the documentary proof of the
program in the form of photographs, advance intimation letter to BPCL ROU Officer Etc.
g. The agency shall not be entertained for any additional payment other than above mentioned
amount.
h. The above program shall be focused on pipeline safety & surveillance.
i. Agency shall ensure participation of respective surveillance personnel in the program and as
directed by BPCL ROU Officer
j. Agency shall ensure that all safety, security and law& order rules are maintained by all during
the event
k. Agency shall ensure that the area is well cleared, and no waste is generated and left behind
at the program venue. Any waste generated shall be properly disposed as per local
Panchayat/ government norms.
2.7 ERDMP MOCK DRILL (OFF SITE / ON SITE)
a. Agency is required to assist in conducting Offsite Mock Drill in the ROU from where pipeline
passes in addition to his normal pipeline surveillance work as per the advice of the ROU
Officer.
b. The agency shall be paid the actual expenses against authenticated bills up to a maximum
amount of ₹ 25,000/- per program to cover the administrative cost and other incidental
expenses
c. Agency need to submit proper bills for such expenses to ROU Officer for certification and
shall be invoiced along with monthly RA bills
d. Agency shall ensure that the area is well cleared, and no waste is generated and left behind
at the program venue. Any waste generated shall be properly disposed as per local
panchayat/ government norms.

3.0 SPECIAL CONDITIONS OF THE CONTRACT

3.1 GENERAL
a. The scope of job and the terms & conditions specified in these documents shall be read in
conjunction with the latest rules/guidelines issued by PSARA Act 2005, rules under the Act
and their latest amendments.
b. Agency shall provide qualified and trained personnel who are conversant with First Aid and
Fire Fighting Techniques as surveillance personnel.
c. Agency shall provide refresher training on First Aid, Fire & Safety to all his personnel deployed
for the work within 30 days of commencement of the contract. Non-compliance of this will be
considered as non- performance.
d. Agency shall also ensure that proper training and meetings on safety and first aid are
conducted on a quarterly basis in the presence of BPCL representative
e. The surveillance personnel shall be trained to understand relevant signs of pipeline.
f. Agency shall provide First Aid facilities like snake anklet, sterilized blade, bandage etc. to all
his surveillance personnel deployed for the patrolling work and they should carry it while on
duty over and above the attire prescribed elsewhere in this document.

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Scope of work for Pipeline ROU Surveillance for BPCL’s
cross-country pipelines in Western Region Maharashtra
Document No.100-GDN-ROU-IM-00-005
g. Agency shall ensure that all his workmen adhere to all the safety, security and policy
applicable.
h. The cost of any damage caused to men and material of BPCL/third party due to violation of
safety, security and environmental norms of BPCL shall be recovered from the Agency. The
appropriate authority of BPCL, only, shall decide the quantum of damage, in such an event.
i. The surveillance personnel shall be able to speak and write local language in addition to
working knowledge of Hindi/English. The Agency should also ensure that they meet the
physical standards and qualification normally expected of such positions as per the
guidelines.
j. Agency is required to deploy physically fit surveillance personnel preferably in the age group
of 21 to 50 yrs.
k. The wages for the ROU Monitoring Personnel, ROU Monitoring Reliever, ROU Monitoring
Supervisors, shall be as per Minimum Wages Act 1948 and the circulars / amendments issued
thereon applicable. The minimum wages as defined in Central or State whichever is higher
and applicable shall be considered and enforced and the rates.
l. Any variation / increase in the minimum wage rates/ special allowances by the Statutory
Authorities during the tenure of the contract will be reimbursed at actual or production of any
documentary proof and payment proof to surveillance personnel.
m. In case of an exigency arising out of sickness or unavoidable circumstances the RMP/RMS
may be required to work additional hours of duty. The wages shall be calculated on monthly
basis. The surveillance personnel shall be compensated for these additional hours by
successful bidder for wages of surveillance personnel inclusive of all allowances etc.
n. Other statutory payments, viz. Employer's contribution to P.F. of the employee, Employer's
contribution to ESIC/Employee Compensation Act, if applicable etc. shall be payable as per
relevant statutory acts.
o. BPCL shall to the utmost extent endeavor to release the monthly bills within one month.
However, the Agency shall have financial ability of handling two months' wage payments in
advance.
p. Agency shall obtain the requisite documents from BPCL as principal employer and apply for
Labour License under Contract Labour (Regulation & Abolition) Act, 1970 immediately on
issuance of LOA and the license copy shall be submitted to BPCL within a months’ time from
the date of LOA.
q. The Agency shall comply with all the guidelines of Private Security Agencies (Regulation) Act,
2005. He is also required to submit compliance in technical bid for all the states from where
pipeline is passing through.
r. Agency shall comply with and ensure strict compliance of all applicable Central, State,
Municipal and Local laws and regulations. The Agency shall undertake to indemnify BPCL
from and against all levies, damages, penalties and payments whatsoever as may be
imposed by any reason of any breach or violation of any law/rule. The Agency would be liable
to comply with provisions of applicable laws such as the Employees Provident Fund Act,
1952; the Employees' State Insurance Act, 1948; the Contract Labour (Regulation & Abolition)
Act, 1970; the Factories Act, 1948, the Minimum Wages Act, Payment of Bonus Act, Payment
of Gratuity Act, as maybe enforced and all actions, claims and demands arising there from
and/or related thereto. The Agency shall indemnify BPCL against any such
claims/losses/demand raised by his employee under any such applicable Acts / Laws.
s. Agency shall follow all the applicable guidelines of state/central/local authority to deploy the
security/surveillance personnel.

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Document No.100-GDN-ROU-IM-00-005
t. The Agency shall keep and maintain all the statutory registers/records as required under the
Provisions of the Acts mentioned hereinabove and keep the same available for inspection by
BPCL's representative and/or Government Authorities.
u. The Agency shall ensure that the necessary contribution towards PF/ESIC/Professional
tax/Labour Welfare Fund fees etc. are deposited in time with the authorities concerned and
the records are maintained as per provisions of the Act.
v. The Agency shall be solely responsible for the safety of their personnel and to provide them
adequate and necessary equipment and shall ensure to have them properly covered by
registered insurance company policies for injury or loss of life of the Agency’s' personnel. The
Agency shall ensure to provide required transport, suitable uniform, safety shoes and gadget
facilities to their personnel as per the guidelines.
w. It must be clearly understood that payment of wages and statutory benefits to the
workmen/agents under the various Labour laws in force from time to time shall be exclusively
to the Agency’s Account and the Agency shall be solely liable for the same. It is to be
expressly understood that the Company shall not be liable or responsible for any such
payments.
x. It is to be noted that all the responsibility on surveillance/security of the pipeline will lie with
successful bidder. Any liability/loss on account of any lapse/negligence on the part of Agency
/his personnel resulting in incidents like tapping, tapping attempt, leakage, breaking of
surface/pipeline etc. irrespective of any nature except natural causes will be compensated by
the agency subject to maximum of ₹10,00,000/- per annum. However, each incident resulting
in tapping / leakage on account of any lapse/negligence on the part of agency /his personnel
will be charged at ₹2, 00,000/- per incident.
y. Any involvement of surveillance personnel is reported by the incident investigation, then the
agency shall immediately remove the person.
z. Involvement of surveillance personnel in any theft, pilferage, sabotage or damage of any
nature to the pipeline will be subjected to internal and or police investigation. Agency shall
ensure the person cooperate with the investigation team.
aa. Additional penalty of ₹200/- per day per device will be applied from the date of failure of per GPS
device to the date of restoring the GPS device. Agency shall note that BPCL will apply this
as a penalty on Agency for not providing working GPS devices to his surveillance personnel
bb. BPCL reserves the right to place the order in full or in part to the agency.
cc. BPCL reserves the right to withdraw the GPS surveillance from the agency on any change in
BPCL’s IS policy / guidelines or due to any Government directive during the period of the
contract without assigning any reason. No compensation to this account shall be entertained.
dd. The agency shall be obliged to pay the wages through electronic payment mode in the
personal bank account of his / her workmen deployed within 7 days of the end of previous
month.
ee. It shall be the responsibility of the agency to provide to BPCL documentary and/or any other
proof in terms of Payment of Wages and/or any other remittances to workmen through bank
account. It shall be obligatory on the Contractor to submit the aforesaid documents etc. as a
condition precedent for payment of bill / invoice raised.
ff. On any non-performance of surveillance personnel and security personnel as stated
elsewhere in the document ₹1,200/- per day shall be levied as penalty in addition to his being
marked absent for the day

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Document No.100-GDN-ROU-IM-00-005
gg. The agency shall be in a position to deploy Security personnel at the Sectionalizing valve (SV
station) along the pipeline route under the same terms and conditions as and when required
by BPCL on mutual consent
hh. Contract is also liable to be terminated if validity of security agency’s license, issued under
Private Security (Regulation) Act, 2005 expires or the license is cancelled by issuing authority
for any reason whatsoever any time during the contract. In such case the termination shall be
from the date of expiry or cancellation of the license as the case may be and BPCL shall not
be required to give any advance notice to the security agency for termination from the date.
ii. Agency shall not sublet, subcontract the Patrolling & Surveillance contract. If it has come to
BPCL’s notice that either the agency has sublet the contract to any other person or agency
or is trying to operate the agency remotely from address other than mentioned in the tender
Correspondence, then BPCL has the right to terminate the contract and the decision of BPCL
is final in this regard.
jj. Quantities given in the tender enquiry are approximate and may vary at the time of actual
deployment. Actual requirement shall be advised to the Security Agency after the finalization
of the order. The tendered/Ordered quantities are indicative and approximate and same may
vary as per requirement of BPCL during tendering or at the time of placement of contract.
Also, the above services in full or in Part may be sought in phased manner at discretion of
BPCL even after placement of contract. Payment shall be made for actual certified quantities
only. BPCL reserves the right to take partial quantities and foreclose/short close the order.
No claims shall be entertained by BPCL on this account, whatsoever, at a later date.
kk. Agency shall attend the Quarterly meetings as well as other review, safety meetings
whenever called by BPCL. The participation of the agency in the meetings will have a bearing
on the performance rating/evaluation of the contract.

3.2 QUALIFICATION OF RMP/RMP-R/RMS/RMS-N/ASG

a) Minimum qualification of the security personnel must be 7 th class passed. The contractor
will be required to submit the certificates of educational qualifications and experience of
the personnel engaged by him in this regard.
b) The contractor shall provide qualified and experience RMP/RMP-R/RMSD/RMSN/ASG who is
conversant with Security Training & First-Aid & Basic Fire Fighting Training. The RMP/RMP-
R//RMSD/RMSN/ASG should be able to speak and write local language in addition to working
knowledge of Hindi/English. The contractor should also ensure that they meet the physical
standards and qualification normally expected of such positions as per the guidelines.
c) The contractor is required to deploy RMP/RMP-R//RMSD/RMSN/ASG preferably in the age group
from 21 years to 50 years.
d) The Contractor shall not engage minor labour below 18 (eighteen) years of age under any
circumstances.
e) The Contractor shall engage only male security personnel.
f) RMP/RMP-R/RMSD/RMSN/ASG deployed by contractor should never have been terminated from
Government service.
g) Armed security guards should have valid license issued by competent authority to operate the
gun. The contractor should ensure that all the relevant documents are with armed security guards
including Gun license. One copy of the all the documents is required to be submitted to respective
ROU Officer of BPCL by contractor.

Page 19 of 21
 PIPELINES ENTITY
Scope of work for Pipeline ROU Surveillance for BPCL’s
cross-country pipelines in Western Region Maharashtra
Document No.100-GDN-ROU-IM-00-005
h) The contractor shall organize the training to all his personnel about safety, security and
surveillance once during contract period. The expenses of such trainings shall be loaded in the
agency service charges.

4.0 CONTRACT DURATION:

a. The contract shall be valid for 2 years from the date of commencement of Contract.

5.0 PAYMENT TERMS:

a. Agency shall be paid charges for the services as mentioned in the wage structure of the
tender document.
b. Wage revision from time to time shall be effected immediately after relevant wage notifications
are published. Payment towards arrears due to Wage revision and related statutory
charges shall be claimed on actual basis separately.
c. Service charges in percentage (as considered in wage structure) will be applied on the wage
revision also.
d. Administrative /service charges quoted and as finalized in bidding shall not be paid on wage
revision component also.
e. Attendance sheet for the security and surveillance personnel deployed shall be submitted to
ROU officer along with the monthly bills for its certification (which shall be verified by BPCL
ROU officer with GPS system and other means).

f. Monthly Bills shall be submitted to ROU Officer along with the following documents

1. GPS attendance sheet/Manual attendance sheet.

2. GPS Monthly performance sheet
3. Signed and duly stamped monthly attendance Sheet of all Surveillance personnel
4. Statement Bank Details of each Surveillance Personnel with Monthly disbursement in line
with the wage slip, Detailed Statement indicating following on the Letter Head of the
Agency duly stamped and signed for following information-(1) Name of Surveillance
Personnel (2) Account No (3) IFSC Code (4) Bank Name (5) amount Credited
5. NEFT Bank Account Statement indicating the payment to individual Surveillance personnel
in line with the wage statement.
i. EPF -TRRN (Temporary Return Reference No.) Monthly contribution challan Details of
previous month (2) Electronic Challan cum Return (ECR) and acknowledgement slip (3)
Combined Challan of A/c 01, A/c 02, A/c 10, A/c 21 and A/c 22
ii. ESIC Transaction Detail Statement with transaction status of previous month -
Transaction completed successfully (2) Contribution History of Employer for the month
along with the Individual Employee contribution with their IP no. The statement shall also
indicate the Total IP Contribution, Total Employer Contribution and Total Contribution
6. GST shall be paid on production of documentary proof of GST registration certificate.
Agency shall furnish GST Registration No. and provide break up of Basic cost and GST in
all the invoices. GST will be paid at actuals based on Government notification at the time
of invoicing.

Page 20 of 21
 PIPELINES ENTITY
Scope of work for Pipeline ROU Surveillance for BPCL’s
cross-country pipelines in Western Region Maharashtra
Document No.100-GDN-ROU-IM-00-005
7. On award of the Contract, the security agency shall submit Contract Performance Deposit
Amount (CPDA) of an amount equal to 10% of contract value in the form of Bank
Guarantee in favour of M/s BPCL from any nationalized / scheduled Bank before
submission of first invoice. The bank guarantee shall be valid till the contractual completion
period plus six months. Any amount towards non-performance of the contract shall be
recovered from the Agency's running or pending bills and if the amount cannot be
recovered due to unavoidable reasons, then the Contract Performance Bank Guarantee
shall be revoked to recover the entire pending amount.

Page 21 of 21
 ANNEXURE A(1/6)
Wage Structure for ROU Monitoring Personnel (RMP ) (watch and ward without arms)
FOR AREA
Sl. No. Particulars %
A B C
1 Basic Wage / Day 637.00 579.00 494.00
2 Variable Dearness Allowance ( V.D.A.) 260.00 237.00 201.00
3 Basic Wages for a Month ( 26 Days ) 16,562.00 15,054.00 12,844.00
Variable Dearness Allowance ( V.D.A.) for a
4 month ( 26 Days ) 6,760.00 6,162.00 5,226.00

5 Minimum Wages ( 3+4) 23,322.00 21,216.00 18,070.00

6 Providend Fund ( @ 12 % of ₹.15,000 ) 12.00 1,800.00 1,800.00 1,800.00
Employees Deposit link Insurance @ 0.50% of
7 0.50 75.00 75.00 75.00
₹15,000

8 Administrative Charges @ 0.50 % of ₹.15,000 0.50 75.00 75.00 75.00

9 HRA @ 5 % on 5 5.00 1,166.10 1,060.80 903.50
10 E.S.I.C. @ 3.25 % on ( 5 +9) 3.25 616.64
11 Leave with wages @ 4.8 % on 5 4.80 1,119.46 1,018.37 867.36
12 Uniform (Fixed @ 400/Month) 400.00 400.00 400.00
13 Bonus @ 8.33 % on 5 8.33 1,505.23
Incidental Allowance towards conveyance,
14 uniform washing and educational allowance ( 750.00 750.00 750.00
Fixed per month ))
15 Night Allowance ( Fixed ) 0.00 0.00 0.00
16 SUB-TOTAL ( 5 to 15 ) 28,707.56 26,395.17 25,062.73
GPS Surveillance ([Link] data & Voice
17 1,500.00 1,500.00 1,500.00
pack) ( Fixed per month )
18 Travelling Allowance ( Fixed per Month ) 0.00 0.00 0.00
19 Sub Total ( 16 to 18 ) 30,207.56 27,895.17 26,562.73

Note - Bidders to quote Other Charges (admin charge/service charge) Including Allowances over and above
Minimum Wage inclusive of GST(% Per Month) as per GeM price bid format.( Kindly refer the scope of work
and other tender conditions)

The admin charge/service charges as quoted by the bidders shall remain firm throughout the contract period
irrespective of revision in minimum wages.
 ANNEXURE A (2/6)

Wage Structure for ROU Monitoring Personnel (RMP ) for emergency works (watch and ward without arms)

FOR AREA
Sl. No. Particulars %
A B C
1 Basic Wage / Day 637.00 579.00 494.00
2 Variable Dearness Allowance ( V.D.A.) 260.00 237.00 201.00
3 Basic Wages for a Month ( 26 Days ) 16,562.00 15,054.00 12,844.00
Variable Dearness Allowance ( V.D.A.) for a
4 month ( 26 Days ) 6,760.00 6,162.00 5,226.00

5 Minimum Wages ( 3+4) 23,322.00 21,216.00 18,070.00

6 Providend Fund ( @ 12 % of ₹.15,000 ) 12.00 1,800.00 1,800.00 1,800.00
Employees Deposit link Insurance @ 0.50% of
7 0.50 75.00 75.00 75.00
₹15,000

8 Administrative Charges @ 0.50 % of ₹.15,000 0.50 75.00 75.00 75.00

9 HRA @ 5 % on 5 5.00 1,166.10 1,060.80 903.50
10 E.S.I.C. @ 3.25 % on ( 5 +9) 3.25 616.64
11 Leave with wages @ 4.8 % on 5 4.80 1,119.46 1,018.37 867.36
12 Uniform (Fixed @ 400/Month) 400.00 400.00 400.00
13 Bonus @ 8.33 % on 5 8.33 1,505.23
Incidental Allowance towards conveyance,
14 uniform washing and educational allowance ( 750.00 750.00 750.00
Fixed per month ))
15 Night Allowance ( Fixed ) 0.00 0.00 0.00
16 SUB-TOTAL ( 5 to 15 ) 28,707.56 26,395.17 25,062.73
GPS Surveillance ([Link] data & Voice
17 1,500.00 1,500.00 1,500.00
pack) ( Fixed per month )
18 Travelling Allowance ( Fixed per Month )
19 Sub Total ( 16 to 18 ) 30,207.56 27,895.17 26,562.73

Note - Bidders to quote Other Charges (admin charge/service charge) Including Allowances over and above
Minimum Wage inclusive of GST(% Per Month) as per GeM price bid format.( Kindly refer the scope of work and
other tender conditions)

The admin charge/service charges as quoted by the bidders shall remain firm throughout the contract period
irrespective of revision in minimum wages.
 ANNEXURE B (2/6)

Wage Structure for ROU Monitoring Personnel RELIEVER (RMP RELEIVER ) (watch and ward without arms)

FOR AREA
Sl. No. Particulars %
A B C
1 Basic Wage / Day 637.00 579.00 494.00
2 Variable Dearness Allowance ( V.D.A.) 260.00 237.00 201.00
3 Basic Wages for a Month ( 26 Days ) 16,562.00 15,054.00 12,844.00
Variable Dearness Allowance ( V.D.A.) for a
4 month ( 26 Days ) 6,760.00 6,162.00 5,226.00

5 Minimum Wages ( 3+4) 23,322.00 21,216.00 18,070.00

6 Providend Fund ( @ 12 % of ₹.15,000 ) 12.00 1,800.00 1,800.00 1,800.00
Employees Deposit link Insurance @ 0.50% of
7 0.50 75.00 75.00 75.00
₹15,000

8 Administrative Charges @ 0.50 % of ₹.15,000 0.50 75.00 75.00 75.00

9 HRA @ 5 % on 5 5.00 1,166.10 1,060.80 903.50
10 E.S.I.C. @ 3.25 % on ( 5 +9) 3.25 616.64
11 Leave with wages @ 4.8 % on 5 4.80 1,119.46 1,018.37 867.36
12 Uniform (Fixed @ 400/Month) 400.00 400.00 400.00
13 Bonus @ 8.33 % on 5 8.33 1,505.23
Incidental Allowance towards conveyance,
14 uniform washing and educational allowance ( 750.00 750.00 750.00
Fixed per month ))
15 Night Allowance ( Fixed ) 0.00 0.00 0.00
16 SUB-TOTAL ( 5 to 15 ) 28,707.56 26,395.17 25,062.73
GPS Surveillance ([Link] data & Voice
17 1,500.00 1,500.00 1,500.00
pack) ( Fixed per month )
18 Travelling Allowance ( Fixed per Month ) 2,500.00 2,500.00 2,500.00
19 Sub Total ( 16 to 18 ) 32,707.56 30,395.17 29,062.73

Note - Bidders to quote Other Charges (admin charge/service charge) Including Allowances over and above
Minimum Wage inclusive of GST(% Per Month) as per GeM price bid format.( Kindly refer the scope of work and
other tender conditions)

The admin charge/service charges as quoted by the bidders shall remain firm throughout the contract period
irrespective of revision in minimum wages.
 ANNEXURE A (3/6)

Wage Structure for ROU Monitoring Supervisor (RMS ) (watch and ward without arms)

FOR AREA
Sl. No. Particulars %
A B C
1 Basic Wage / Day 637.00 579.00 494.00
2 Variable Dearness Allowance ( V.D.A.) 260.00 237.00 201.00
3 Basic Wages for a Month ( 26 Days ) 16,562.00 15,054.00 12,844.00
Variable Dearness Allowance ( V.D.A.) for a
4 month ( 26 Days ) 6,760.00 6,162.00 5,226.00

5 Minimum Wages ( 3+4) 23,322.00 21,216.00 18,070.00

6 Providend Fund ( @ 12 % of ₹.15,000 ) 12.00 1,800.00 1,800.00 1,800.00
Employees Deposit link Insurance @ 0.50% of
7 0.50 75.00 75.00 75.00
₹15,000

8 Administrative Charges @ 0.50 % of ₹.15,000 0.50 75.00 75.00 75.00

9 HRA @ 5 % on 5 5.00 1,166.10 1,060.80 903.50
10 E.S.I.C. @ 3.25 % on ( 5 +9) 3.25 616.64
11 Leave with wages @ 4.8 % on 5 4.80 1,119.46 1,018.37 867.36
12 Uniform (Fixed @ 400/Month) 400.00 400.00 400.00
13 Bonus @ 8.33 % on 5 8.33 1,505.23
Incidental Allowance towards conveyance,
14 uniform washing and educational allowance ( 750.00 750.00 750.00
Fixed per month ))
15 Night Allowance ( Fixed ) 0.00 0.00 0.00
16 SUB-TOTAL ( 5 to 15 ) 28,707.56 26,395.17 25,062.73
GPS Surveillance ([Link] data & Voice
17 1,500.00 1,500.00 1,500.00
pack) ( Fixed per month )
18 Travelling Allowance ( Fixed per Month ) 3,500.00 3,500.00 3,500.00
19 Sub Total ( 16 to 18 ) 33,707.56 31,395.17 30,062.73

Note - Bidders to quote Other Charges (admin charge/service charge) Including Allowances over and above Minimum Wage
inclusive of GST(% Per Month) as per GeM price bid format.( Kindly refer the scope of work and other tender conditions)

The admin charge/service charges as quoted by the bidders shall remain firm throughout the contract period irrespective of
revision in minimum wages.
 ANNEXURE A (4/6)

Wage Structure for ROU Monitoring Supervisor Night (RMSN ) (watch and ward without arms)

FOR AREA
Sl. No. Particulars %
A B C
1 Basic Wage / Day 637.00 579.00 494.00
2 Variable Dearness Allowance ( V.D.A.) 260.00 237.00 201.00
3 Basic Wages for a Month ( 26 Days ) 16,562.00 15,054.00 12,844.00
Variable Dearness Allowance ( V.D.A.) for a
4 month ( 26 Days ) 6,760.00 6,162.00 5,226.00

5 Minimum Wages ( 3+4) 23,322.00 21,216.00 18,070.00

6 Providend Fund ( @ 12 % of ₹.15,000 ) 12.00 1,800.00 1,800.00 1,800.00
Employees Deposit link Insurance @ 0.50% of
7 0.50 75.00 75.00 75.00
₹15,000

8 Administrative Charges @ 0.50 % of ₹.15,000 0.50 75.00 75.00 75.00

9 HRA @ 5 % on 5 5.00 1,166.10 1,060.80 903.50
10 E.S.I.C. @ 3.25 % on ( 5 +9) 3.25 616.64
11 Leave with wages @ 4.8 % on 5 4.80 1,119.46 1,018.37 867.36
12 Uniform (Fixed @ 400/Month) 400.00 400.00 400.00
13 Bonus @ 8.33 % on 5 8.33 1,505.23
Incidental Allowance towards conveyance,
14 uniform washing and educational allowance ( 1,000.00 1,000.00 1,000.00
Fixed per month ))
15 Night Allowance ( Fixed ) 500.00 500.00 500.00
16 SUB-TOTAL ( 5 to 15 ) 29,457.56 27,145.17 25,812.73
GPS Surveillance ([Link] data & Voice
17 1,500.00 1,500.00 1,500.00
pack) ( Fixed per month )
18 Travelling Allowance ( Fixed per Month ) 0.00 0.00 0.00
19 Sub Total ( 16 to 18 ) 30,957.56 28,645.17 27,312.73

Note - Bidders to quote Other Charges (admin charge/service charge) Including Allowances over and above
Minimum Wage inclusive of GST(% Per Month) as per GeM price bid format.( Kindly refer the scope of work
and other tender conditions)

The admin charge/service charges as quoted by the bidders shall remain firm throughout the contract
period irrespective of revision in minimum wages.
 ANNEXURE A (5/6)

Wage Structure for Armed Security Guard (ASG ) (watch and ward with arms)

FOR AREA
Sl. No. Particulars %
A B C
1 Basic Wage / Day 693.00 637.00 579.00
2 Variable Dearness Allowance ( V.D.A.) 280.00 260.00 237.00
3 Basic Wages for a Month ( 26 Days ) 18,018.00 16,562.00 15,054.00
Variable Dearness Allowance ( V.D.A.) for a
4 month ( 26 Days ) 7,280.00 6,760.00 6,162.00

5 Minimum Wages ( 3+4) 25,298.00 23,322.00 21,216.00

6 Providend Fund ( @ 12 % of ₹.15,000 ) 12.00 1,800.00 1,800.00 1,800.00
Employees Deposit link Insurance @ 0.50% of
7 0.50 75.00 75.00 75.00
₹15,000

8 Administrative Charges @ 0.50 % of ₹.15,000 0.50 75.00 75.00 75.00

9 HRA @ 5 % on 5 5.00 1,264.90 1,166.10 1,060.80
10 E.S.I.C. @ 3.25 % on ( 5 +9) 3.25 724.00
11 Leave with wages @ 4.8 % on 5 4.80 1,214.30 1,119.46 1,018.37
12 Uniform (Fixed @ 400/Month) 400.00 400.00 400.00
13 Bonus @ 8.33 % on 5 8.33 1,767.29
Incidental Allowance towards conveyance,
14 uniform washing and educational allowance ( 750.00 750.00 750.00
Fixed per month ))
15 Night Allowance ( Fixed ) 500.00 500.00 500.00
16 SUB-TOTAL ( 5 to 15 ) 31,377.20 29,207.56 29,386.46
GPS Surveillance ([Link] data & Voice
17 0.00 0.00 0.00
pack) ( Fixed per month )
18 Travelling Allowance ( Fixed per Month ) 0.00 0.00 0.00
19 Sub Total ( 16 to 18 ) 31,377.20 29,207.56 29,386.46

Note - Bidders to quote Other Charges (admin charge/service charge) Including Allowances over and above Minimum
Wage inclusive of GST(% Per Month) as per GeM price bid format.( Kindly refer the scope of work and other tender
conditions)

The admin charge/service charges as quoted by the bidders shall remain firm throughout the contract period
irrespective of revision in minimum wages.
 ANNEXURE B (6/6)
Wage Structure for Security Guard (SG )(watch and ward without arms)
FOR AREA
Sl. No. Particulars %
A B C
1 Basic Wage / Day 494.00
2 Variable Dearness Allowance ( V.D.A.) 201.00
3 Basic Wages for a Month ( 26 Days ) - - 12,844.00
Variable Dearness Allowance ( V.D.A.) for a
4 month ( 26 Days ) - - 5,226.00

5 Minimum Wages ( 3+4) - - 18,070.00

6 Providend Fund ( @ 12 % of ₹.15,000 ) 12.00 1,800.00
Employees Deposit link Insurance @ 0.50% of
7 0.50 75.00
₹15,000

8 Administrative Charges @ 0.50 % of ₹.15,000 0.50 75.00

9 HRA @ 5 % on 5 5.00 - - 903.50
10 E.S.I.C. @ 3.25 % on ( 5 +9) 3.25 - - 616.64
11 Leave with wages @ 4.8 % on 5 4.80 - - 867.36
12 Uniform (Fixed @ 400/Month) 400.00
13 Bonus @ 8.33 % on 5 8.33 - - 1,505.23
Incidental Allowance towards conveyance,
14 uniform washing and educational allowance ( 750.00
Fixed per month ))
15 Night Allowance ( Fixed ) 0.00 0.00 0.00
16 SUB-TOTAL ( 5 to 15 ) - - 25,062.73
GPS Surveillance ([Link] data & Voice
17 0.00 0.00 0.00
pack) ( Fixed per month )
18 Travelling Allowance ( Fixed per Month ) 0.00 0.00 0.00
19 Sub Total ( 16 to 18 ) - - 25,062.73

Note - Bidders to quote Other Charges (admin charge/service charge) Including Allowances over and above
Minimum Wage inclusive of GST(% Per Month) as per GeM price bid format.( Kindly refer the scope of work
and other tender conditions)

The admin charge/service charges as quoted by the bidders shall remain firm throughout the contract period
irrespective of revision in minimum wages.
Date:12.10.2022

GENERAL CONDITIONS OF CONTRACT

(GCC)

BHARAT PETROLEUM CORPOR ATION LIMITED

1
 INDEX
SECTION/
DETAILS PAGE
CLAUSE NO.
I DEFINITION OF TERMS 5
II GENERAL INFORMATION ABOUT SITE 6
2.1 LOCATION OF SITE & ACCESSIBILITY 6
2.2 SCOPE OF WORK 6
2.3 LAND FOR CONTRACTOR’S FIELD, GODOWN AND 6
WORKSHOP
2.4 SAFETY STANDARDS FOR TEMPORARY BUILDINGS 6
III GENERAL INSTRUCTION FOR THE TENDERER 7
3 SUBMISSION OF TENDER 7
4 DOCUMENTS 7
5 PURCHASE PREFERENCE 8
6a EARNEST MONEY 8
6b CONVERSION OF EMD TO SECURITY DEPOSIT 8
7a BID VALIDITY 8
7b LANGUAGE OF BID 8
8 ADDENDA / CORRIGENDA 8
9 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 9
10a INTEGRITY PACT (IP) 9
10b HOLIDAY LISTING 9
10c FOREIGN BIDDERS 9
11 COLLECTION OF DATA TENDERER’S RESPONSIBILITY & TIME SCHEDULE 9
12 RETIRED GOVERNMENT OR COMPANY OFFICER 9
13 SIGNING OF THE CONTRACT 10
14a FIELD MANAGEMENT 10
14b CONSULTANCY CONTRACTS 10
IV INTERPRETATION OF CONTRACT DOCUMENTS 11
15 INTERPRETATION OF CONTRACT DOCUMENT 11
16 SPECIAL CONDITIONS OF CONTRACT 11
17 CONTRACTOR TO OBTAIN HIS OWN INFORMATION 11
18 PERFORMANCE SECURITY DEPOSIT/RETENTION MONEY 12
19 TIME OF PERFORMANCE 13
20 FORCE MAJEURE 13
21 EXTENSION OF TIME 14
22 LIQUIDATED DAMAGES FOR DELAY 14
23 SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS 14
REASONABLE COMPENSATION
WITHOUT REFERENCE TO ACTUAL LOSS
24 TERMINATION / OFFLOADING 14
25 FORFEITURE OF SECURITY DEPOSIT 14
26 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED 14
27 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT 15
TAKEN UNDER CLAUSE 26
28 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK 15
29 CHANGES IN CONSTITUTION 15
30 IF THE CONTRACTOR DIES 15
31 EMPLOYEES OF THE OWNER NOT INDIVIDUALLY LIABLE 15

2
SECTION/
DETAILS PAGE
CLAUSE NO.
32 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS 16
33 CONTRACTOR’S OFFICE AT SITE 16
34 CONTRACTOR’S SUBORDINATE STAFF AND THEIR CONDUCTS 16
35 SUB-LETTING OF WORK 16
36 POWER OF ENTRY 17
37 CONTRACTOR’S RESPONSIBILITY WITH OTHER AGENCIES 17
38 OTHER AGENTS AT SITE 17
39 NOTICES 17
40 RIGHTS OF VARIOUS INTERESTS 17
41 RIGHT OF OWNER TO DETERMINE / TERMINATE CONTRACT 18
42 TERMINATION FOR CONVENIENCE 18
43 PATENTS AND ROYALTIES 18
44 LIENS 19
45 OPERATION OF CONTRACT 19
V PERFORMANCE OF WORK 20
46 EXECUTION OF WORKS 20
47 COORDINATION AND INSPECTION OF WORK 20
48 WORK IN MONSOON AND DEWATERING 20
49 WORK ON SUNDAYS AND HOLIDAYS 20
50 GENERAL CONDITIONS FOR CONSTRUCTION AND ERECTION WORK 20
51 DRAWINGS TO BE SUPPLIED BY THE OWNER 21
52 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR 21
53 SETTING OUT WORKS 21
54 RESPONSIBILITY FOR LEVEL AND ALIGNMENT 21
55 MATERIALS TO BE SUPPLIED BY CONTRACTOR 21
56 MATERIALS SUPPLIED BY OWNER 22
57 CONDITIONS FOR ISSUE OF MATERIALS 22
58 MATERIALS PROCURED WITH ASSISTANCE OF OWNER 23
59 MATERIALS OBTAINED FROM DISMANTLING 23
60 ARTICLES OF VALUE FOUND 23
61 DISCREPANCIES BETWEEN INSTRUCTIONS 23
62 ALTERATIONS IN SPECIFICATIONS AND DESIGNS AND EXTRA WORK 23
63 VARIATION IN CONTRACT VALUE 24
64 ACTION WHERE NO SPECIFICATIONS ISSUED 24
65 ABNORMAL RATES 24
66 INSPECTION OF WORK 24
67 ASSISTANCE TO THE ENGINEERS 24
68 TESTS FOR QUALITY OF WORKS 25
69 SAMPLES 25
70 ACTION AND COMPENSATION IN CASE OF BAD WORK 25
71 SUSPENSION OF WORKS 25
72 OWNER MAY DO PART OF WORK 25
73 POSSESSION PRIOR TO COMPLETION 25
74.1,2 PERIOD OF LIABILITY FROM THE DATE OF COMPLETION OF WORK 26
74.3 CARE OF WORKS 26
74.4 EFFECTS PRIOR TO TAKING OVER 26

3
SECTION/
DETAILS PAGE
CLAUSE NO.
VI BILLS / MEASUREMENT / PAYMENT 27
75 SCHEDULE OF RATES AND PAYMENTS 27
76 PROCEDURE FOR MEASUREMENT / BILLING OF WORK IN PROGRESS 28
77 LUMPSUMS IN TENDER 28
78 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS ADVANCES 28
79 EXTRA WORK 28
80 PAYMENT OF CONTRACTOR’S BILL 28
81 CONCLUSION OF CONTRACT 29
82 MODE OF PAYMENT 29
83 COMPLETION CERTIFICATE 29
84 FINAL DECISION AND FINAL CERTIFICATE 29
85 CERTIFICATE FOR PAYMENTS AND EVIDENCE OF COMPLETION 30
VII TAXES / DUTIES / INSURANCE 31
86 TAXES & DUTIES 31
87 INSURANCE 31
88 DAMAGE TO PROPERTY 32
VIII LABOUR LAWS AND OTHER REGULATIONS 33
89 LABOUR LAWS 33
90 IMPLEMENTATION OF APPRENTICES ACT, 1961 33
91 CONTRACTOR TO INDEMNIFY THE OWNER 33
92a HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS 34
92b MEDICAL FITNESS CERTIFACATION 34
93 SAFETY REGULATIONS 34
94 ARBITRATION 34
95 JURISDICTION 35
96 ORDER OF PRECEDENCE FOR WORKS/SERVICES CONTRACTS 35
97 LIMITATION OF LIABILITY 35
98 POLICE VERIFICATION OF CONTRACT STAFF AND TRANSPORT CREW AT 35
LOCATION
99 NUISANCE 35
100 BUILDING AND OTHER CONSTRUCTION WORKERS CESS 35
IX MEMORANDUM OF AGREEMENT 37
PROFORMA OF BANK GUARANTEE 42
TAX RESIDENCY CERTIFICATE 43
FORM NO. 10 F 44
BHARAT PETROLEUM CORPORATION LTD ACKNOWLEDGEMENT 45

4
 GENERAL CONDITIONS OF CONTRACT
SECTION - I

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 or assigns
2) “The Contractor” means the person or the persons, firm or Company whose tender has been accepted by the Owner
and includes the Contractor’s legal representative, his successor and permitted assigns.
3) The “Managing Director” shall mean the Chairman and Managing Director of the Bharat Petroleum Corporation
Limited or his successor in office designated by the Owner.
4) The “Engineer-in-Charge” shall mean the person designated as such by the Owner and shall Include those who are
expressly authorised by the Owner to act for and on his behalf for operation of this contract.
5) The “Work” shall mean the works to be executed in accordance with the contract or part thereof as the case may be
and shall include extra, additional, altered or substituted works as required for purpose of the contract.
6) The “Permanent Work” means and includes works which will be incorporated in and form a part of the work to be
handed over to the Owner by the Contractor on completion of the contract.
7) The “Construction Equipment” means all appliances, Tools/Tackles and equipment of whatsoever nature for the use
in or for the execution, completion, operation or maintenance of the work unless intended to form part of the
Permanent work.
8) The “Site” means the areas on which the permanent works are to be executed or carried out and any other places
provided by the Owner for purpose of the contract.
9) The “Contract Document” means collectively the Tender Document. Designs. Drawings or Specifications, agreed
variations, if any, and such other document constituting the tender and acceptance thereof.
10) The “Consultant” means the consulting engineers Nominated/appointed by the Owner for this Project / job.
11) The “Sub-Contractor” means any person or firm or Company (other than the Contractor) to whom any part of the
work has been entrusted by the Contractor, with the written consent of the Engineer-in-Charge, and the legal
personal representatives, successors and permitted assigns of such person, firm or company.
12) The “Contract” shall mean the Agreement between the Owner and the Contractor for the execution of the works
including therein all contract documents.
13) The “Specification” shall mean the various technical specifications attached and referred to in the tender documents.
It shall also include the latest editions, including all addenda/corrigenda, of relevant Indian Standard Specification,
specifications of the other country published before entering into Contract.
14) The “Drawings” shall include maps, plans and tracings or prints thereof with any modifications approved in writing
by the Engineer-in-Charge and such other drawings as may, from time to time, furnished or approved in writing by
the Engineer-in-Charge.
15) The “Tender” means the tender submitted by the Contractor for acceptance by the Owner.
16) The “Alteration Order” means an order given in writing by the Engineer-in-Charge to effect additions to or deletion
from and alterations in the works.
17) The “Completion Certificate” shall mean the certificate to be issued by the Engineer-in-Charge to the contractor when
the works have been completed to his satisfaction.
18) The “Final Certificate” in relation to a work means the certificate issued by the Engineer-in-Charge after the period
of liability is over for releasing the retention money/PBG.
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.

5
 SECTION - II

GENERAL INFORMATION ABOUT SITE

V
2.1 LOCATION OF SITE & ACCESSIBILITY:

The site location is described in the Special Conditions of Contract. The intending tenderer should inspect the site
and make himself familiar with site conditions and available facilities.
Entry into the BPCL areas is restricted depending on location/site. Only pass holders as also vehicles with special
permits are permitted in such restricted areas. Inside the premises access to various work spots is also further
regulated by permits issued for each area. Non-availability of access roads or permits for entry of vehicles/equipment
to any specific area shall in no case be the cause to condone any delay in execution of works or be the cause for any
claims or extra compensations.

2.2 SCOPE OF WORK

The scope of work is defined in the Special Conditions of Contract and specifications. The Contractor shall provide all
necessary materials, equipments / Tools and Tackles / Supervision / labour etc. for the execution and maintenance
of the work till completion unless otherwise mentioned in these tender documents. All materials that go with the
work shall be approved by Engineer-in-Charge prior to procurement and use.

2.3 LAND FOR CONTRACTOR’S FIELD, GODOWN AND WORKSHOP:

The tenderer should visit the site and acquaint himself with site conditions, availability of water, electricity, approach
roads, construction materials as per specifications, shelter for his staff, etc. since these are to be provided/arranged
by the tenderer (unless otherwise specified) at his cost.
The owner will, at his discretion and convenience based on availability for the duration of the execution of the work,
make available, land for construction of contractor’s field office, go-downs, workshop and fabrication yard required
for the execution of the contract. The contractor shall at his own cost construct all these temporary buildings and
provide suitable water supply and sanitary arrangement approved by the Engineer-in-Charge.
On completion of the works undertaken by the Contractor, he shall remove all temporary works/ shed erected by him
and have the site cleaned as directed by Engineer-in-Charge if the contractor shall fail to comply with these
requirements, the Engineer-in-charge may at the expenses of the Contractor remove such surplus and rubbish
material, dispose off the same as he deems fit and get the site cleared as aforesaid; and the contractor shall forthwith
pay the amount of all expenses so incurred and shall have no claim in respect of any such surplus materials disposed
off as aforesaid. But the Owner reserves the right to ask the Contractor any time during the pendency of the contract
to vacate the land by giving seven days notice on security reasons or on material interest otherwise.

2.4 SAFETY STANDARDS FOR TEMPORARYBUILDINGS

All temporary buildings, sheds, workshops, field stations etc. shall be constructed in conformation with the safety and
security regulations of the owner as regards location and type of structure.

6
 SECTION - III

GENERAL INSTRUCTION FOR THE TENDERER

3 SUBMISSION OF TENDER:

3.1 The quotation should be submitted only in the manner and the form prescribed in the Request For Quotation
(RFQ)/Tender enquiry.

3.2 Addenda/Corrigenda to this tender document if issued must be signed and submitted along with the tender document.
The tenderer should consider the Addenda/Corrigenda and should price the work based on revised quantities when
amendments for quantities are issued in addenda.

3.3 Tenders should always be placed in double sealed covers, superscribing Tender No Tender for
(name of job), Bharat Petroleum Corporation Limited, due for opening on

The full name, postal address and telegraphic address of the tenderer shall be written on the bottom left hand corner
of the sealed cover. (This will not be applicable in the case of e-tenders) Tenders received in open condition (priced
bid) are liable to be rejected.

3.4 Instructions for two part bidding

i) The bid should be submitted in two parts viz.

a. Techno-commercial bid.
b. Price 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 DOCUMENTS:

4.1 The tenders, as submitted shall include all documents/details asked for by BPCL in the RFQ/Tender enquiry.

4.2 All pages to be initialed:

Wherever signed tender documents are submitted, all signatures in the documents shall be dated, as well as all the
pages of the documents shall be initialed at the lower right hand corner and signed wherever required in the tender
papers by the tenderer or by a person holding power of attorney authorizing him to sign on behalf of the tenderer
before submission of tender. Tenders without signatures as stated above are liable to be rejected.

4.3 Rates to be in Figures and Words:

The tenderer should quote the rates in English both in figures as well as in words. Offers received without the rates
in figures and in words are liable for rejection. In case of discrepancy exists between the rate quoted in figures and
in words, the rates quoted in words will prevail.

4.4 Corrections and Erasures:

All corrections and alteration in the entries of tender papers will be signed in full by the tenderer with date. No
erasures or over-writings are permissible.
In case of priced bids containing overwriting/cuttings/erasures in the quoted rates and in case these are not
attested by the signatory of the bid, such priced bids are liable to be rejected without giving any further notice.

4.5 Signature of Tenderer:

The tender shall contain the name, residence and place of business of person or persons making the tender and shall
be signed by the tenderer with his usual signature with company stamp. Partnership firms shall furnish the full names
of all partners in the tender. It should be signed in the partnership name by all the partners or by duly authorized
representative followed by the name and designation of the person signing with company stamp.
Tender by Company or Corporation registered under the relevant companies act, shall be signed by the authorized
representative and a power of attorney in that behalf shall accompany the [Link] of tender documents
issued to one intending tenderer to another is not permissible.

7
5 PURCHASE PREFERENCE:

Owner reserves its right to allow Public Sector Enterprises (Central/State), purchase preference as admissible/applicable
from time to time under the existing Govt. policy. Purchase preference to a PSE shall be decided based on the price
quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid.

Owner reserves its right to allow Micro and Small Enterprises (MSEs), MSEs owned by Women Entrepreneurs and
MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs, purchase preference as
admissible/applicable from time to time under the existing Govt. policy. Purchase preference to a MSE, a MSE owned
by women entrepreneurs and a MSE owned by SC/ST entrepreneurs shall be decided based on the price quoted by
the said MSEs as compared to L1 Vendor at the time of evaluation of the price bid.

6 (a) EARNEST MONEY:

The tenderer must submit/ deposit earnest money, if specified in the RFQ/Tender enquiry, failing which the tender is
liable to be rejected. Earnest Money Deposit shall be submitted in the form of crossed Demand Draft in favour of “Bharat
Petroleum Corporation Ltd.” / Electronic Funds Transfer to BPCL Bank Account / Bank Guarantee executed by any
Scheduled Bank approved by Reserve Bank of India (as per Proforma provided in Annexure). Earnest Money Deposit
(EMD) shall be valid for a period of 6 (Six) months from the due date of opening of Techno-commercial Bids and shall
be submitted from any Indian Scheduled Commercial Bank / Indian Branch of Foreign Bank. EMD submitted by foreign
vendors shall be in USD / EURO only.
In case of limited tender, Earnest Money deposit (EMD) is not applicable for registered contractors of BPCL.

NOTE : Exemption of Bidding Document fee and EMD will be applicable for Micro and Small Enterprises (MSEs) registered
with District Industries Centres (DIC) or Khadi and Village Industries Commission or Khadi and Village Industries Board
or Coir Board or National Small Industries Corporation (NSIC) or Directorate of Handicraft and Handloom or MSEs having
Udyog Aadhaar Memorandum or any other body specified by Ministry of Micro, Small and Medium Enterprises. Such
bidder shall submit Self attested copy of the certificate, valid upto validity of the offer, indicating that their registration
includes the items/works under tender. The registration certificate should remain valid during the period of the contract
that may be entered into such successful bidder. Such tenderers should ensure validity of the Registration Certificate for
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.

8
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 informations are missing or are incomplete in any respect
and/or the prescribed conditions are not fulfilled are liable to be rejected.
9.4 Canvassing in connection with tenders is strictly prohibited and tenders submitted by the tenderer who resort to
canvassing will be liable to rejection.
9.5 Tender containing uncalled remarks or any additional conditions are liable to be rejected.
10 (a) INTEGRITY PACT (IP):

Vendors are requested to sign & return our pre-signed IP document, if applicable. This document is essential &
binding. Vendor's failure to return the IP document duly signed along with Bid Document may result in the bid not
being considered for further evaluation.

(b) HOLIDAY LISTING:

The vendors / contractors are expected to adopt the ethics of highest standards and a very high degree of integrity,
safety and quality consciousness, commitment and sincerity towards the work undertaken and dealing with BPCL in
such matters. Also, while participating in the tender and performing the contracts, Contractors are required to meet
certain performance criteria and adherence to the terms and conditions of the tender / contract. BPCL shall have the
right to remove from the list of approved suppliers / contractors or to ban business dealings, if any agency has been
found to have committed misconduct or fraud or poor performance or anything unethical not expected
from a reputed agency. The guidelines and procedures for Holiday Listing as adopted by BPCL and available separately
in BPCL website shall be applicable in the context of all tenders floated and consequently, all Orders / Contracts /
Purchase Orders placed, by BPCL. It can be accessed using the following link:
[Link]

(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:
(i) PAN No.
PAN as per the Indian Income Tax requirements shall be submitted, failing which the Supplier/Contractor/Consultant
shall be responsible for any additional tax deduction at source as per the provisions of the Indian Income Tax Act/Rules
and the same shall be deducted from the payment made to supplier/contractor/consultant.
(ii) Tax Residency Certificate (TRC)
TRC containing prescribed particulars as per the Annexure from the Government of foreign country in order to claim
the benefits of DTAA as per the Indian Income Tax requirements shall be submitted, failing which the relief under DTAA
will not be available and consequently the actual rate of withholding tax will be applicable and deducted from the
payment made to supplier/contractor/consultant (i.e., non-resident taxpayer). The TRC shall be duly verified by the
Government of the country of which the assessee claims to be a resident for the purposes of tax.
(iii) Form 10F
In additional to TRC, in order to claim the benefits of DTAA, bidder shall also submit additional information in form no.
10F as per Annexure. Form 10F has to be signed & verified by the assessee himself.
The above shall be furnished before release of any payment or within one month of the release of Order, whichever is
earlier. In case of failure to submit the above information, any additional tax liability on Owner, will be deducted from
the payment due to the contractor.

11 COLLECTION OF DATA TENDERER’S RESPONSIBILITY & TIME SCHEDULE:

The tenderer shall visit the site and acquaint himself fully of the site and no claims whatsoever will be entertained on
the plea of ignorance or difficulties involved in execution of work or carriage of materials.
The time period allowed for carrying out the job shall be as shown in tender document. Request for revision for time
schedule after tenders are opened will not be received for consideration.

12 RETIRED GOVERNMENTS OR COMPANYOFFICER:

No Engineer of Gazetted rank or other Gazetted Officer, employed in Engineering or Administrative duties in an
Engineering Department of the States/Central Government or of the Owner is allowed to work as a Contractor for a
period of two years after his retirement from Government service or from the employment of the Owner without the
previous permission of the Owner. The contract, if awarded, is liable to be cancelled if either the contractor or any of
his employees is found at any time to be such a person, who had not obtained the permission of the State/ Central
Government, or of the Owner as aforesaid before submission of tender, or engagement in the Contractor’s service as
the case may be.

9
13 SIGNING OF THE CONTRACT:

The successful tenderer shall be required to execute an agreement in the proforma attached with tender enquiry
within a period of one month of the receipt by him of the notification of acceptance of tender. The payment will not
be processed till the time the agreement is executed.

14 (a) FIELD MANAGEMENT:

The field management will be the responsibility of the Engineer-in-Charge, who will be nominated by the Owner. The
Engineer-in-Charge may also authorize his representatives to perform his duties and functions.
Coordination of Work - The Engineer-in-Charge shall coordinate the work of various agencies engaged at site to
ensure minimum disruption of work carried out by different agencies. It shall be the responsibility of the contractor
to plan and execute strictly in accordance with the site instructions to avoid hindrance to the works being executed
by other agencies.

14 (b) CONSULTANCY CONTRACTS:

This General Conditions of Contract (GCC) will be binding for Consultancy jobs only to the extent of its applicability
to the context of consultancy jobs.

10
 SECTION - IV
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 him self independently obtained all
necessary information for the purpose of preparing his tender. The contractor shall be deemed to have examined
the Contract Documents, to have generally obtained his own information in all matters whatsoever that might affect
the carrying out the works at the scheduled rates and to have satisfied himself to the sufficiency to his tender. Any
error description of quantity or omission there from shall not vitiate the contract or release the Contractor from
executing the work comprised in the contract according to drawing and specifications at the scheduled rates. He is
deemed to have known the scope, nature and magnitude of the works and the requirements of materials and labour
involved etc. and as to what all works he has to complete in accordance with the contract documents whatever be
the defects, omissions or errors that may be found in the Contract Documents. The Contractor shall be deemed to
have visited surrounding to have satisfied himself to the nature of all existing structures, if any, and also as to the
nature and the conditions of the Railways, roads, bridges and culverts means of transport and communications,
whether by land, water or air, and as to possible interruptions thereto and the access to and regress from the site,
to have made enquiries, examined and satisfied himself as to the sites for obtaining sand, stones, bricks and other
materials, the sites for disposal of surplus materials the available accommodation as to whatever required, depots
and such other building as may be necessary for executing and completing the works, to have made local independent
enquiries as to the sub-soil water and variations thereof, storms, prevailing winds, climate conditions and all other
similar matters affecting these works. He is deemed to have acquainted himself as to his liability for payment of
Government taxes, customs duty and other charges.
Any neglect or failure on the part of the Contractor in obtaining necessary and reliable information upon the foregoing
or any other matters affecting the contract shall not relieve him from any risk or liabilities or the entire responsibility
from completion of the works at the scheduled rates and time in strict accordance with the contract documents.
No verbal agreement or inference from conversation with any officer or employee of the owner either before or after
the execution of the contract agreement shall in any way affect or modify any of the terms or obligations herein
contained.

11
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 as follows:

Vendors shall insist their Bank for issuance of SFMS Bank Guarantee for faster payments. Vendors shall provide BPCL's
Bank Account No. & IFSC Code (Details given below) to their Bank as beneficiary at the time of application for Bank
Guarantee in favor of BPCL. Issuing Bank shall issue the Bank Guarantee & send SFMS message to BPCL's Bank
confirming the authenticity of Bank Guarantee who in turn shall send the confirmation to BPCL.
Vendor should ensure the following for issue of E- bank guarantee:
a. The issuing bank is on SFMS platform
b. SFMS Message type used is 760 COV and SFMS Delivery report/ Message copy is sent along with original BG
c. For BG amendment, message type 767COV is to be used.
d. SFMS contains following details:
i. Beneficiary's bank name: ICICI Bank
ii. IFSC Code: ICIC0000393
iii BPCL'S Customer 1D: 8PCL583493800

e. BG Issuing Bank should send the BG Issuance advice through SFMS to BPCL's designated Banker: ICICI Bank,

12
 Backbay Branch, Mumbai (IFSC: 1CIC0000393).
[Link] Issuance advice should mention applicable Unique Identifier Code (U1C) in row/ field number 7037 of SFMS
Delivery Report.
a. BPCL Location : Kharghar , Navi Mumbai
b. Head office : Ballard Estate
c. UIC : BPCL583493800

g. The Original BG should be submitted along with print out of SFMS Delivery report from the BG Issuing Bank Branch.
h. SFMS BG will help in faster verification of BGs and prompt release of payments to Vendors.

19 TIME OF PERFORMANCE:

19.1 The work covered by this contract shall be commenced as detailed in the purchase order or as per the instructions
of the Engineer in charge and be completed in stages on or before the dates as mentioned in the time schedule of
completion of work. The contractor should bear in mind that time is the essence of this agreement unless such time
be extended pursuant to the provision of clause No. 21. Request for revision of Completion time after tenders are
opened will not receive consideration.
19.2 Time Schedule of Completion: The general time schedule of completion is given in the tender document. Contractor
should prepare a detailed monthly and weekly execution programme, jointly with the Engineer-in-Charge within two
weeks of receipt of Letter of Intent or acceptance of tender. The work shall be executed strictly as per the time
schedule given in this document. The period of completion given includes the time required for testing, rectifications,
if any, retesting and completion in all respects to the entire satisfaction of the Engineer-in-Charge.

20 FORCE MAJEURE

Circumstances leading to force majeure

(a) Act of terrorism;

(b) Riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution,
insurrection of military or usurped power;

(c) Ionising radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the
combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear
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
[Link] extension for such cases will be worked out appropriately.

13
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 REFERENCETO ACTUAL LOSS:

All sums payable by way of compensation under any of the conditions shall be considered as reasonable compensation
without reference to the actual loss or damage, which shall have been sustained by the Owner.

24 TERMINATION/OFFLOADING:

24.1 The contractor fully understands that timely completion of the work as per the schedule is of paramount necessity as
otherwise it would lead to adversely affecting the schedules of other works/project with resultant financial and other
losses to the Company/owner. In view of this, the contractor unconditionally agrees and binds himself to be liable for
all the consequences for non-completion of the work within the stipulated time.

24.2 In case a situation is brought about by the contractor warranting termination/off-loading of the whole or any part of
the work for any reason whatsoever, the Company/owner shall have the liberty and right to entrust/engage/award
the work so terminated/off loaded at the risk and cost of the contractor to any other agency/contractor by adopting
any mode of inviting tenders, i.e. open/limited/single party/negotiation basis etc. in order to ensure completion of
the work as per the schedule or at the quickest possible time.

25. FORFEITURE OF 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 labour paid by the owner and to supply materials to carry out the work any part of the work,
debiting contractor with the labour cost of tools and plants and equipment charges, the cost of the materials
for which a certificate of the Engineer-in-Charge shall be final and conclusive against the Contractor and
10% of costs as above to cover all departmental charges and crediting him with the value of the work done
in all respects in the manner and at the same rates as if it had been carried out by the Contractor under
the term of his contract. The certificate of Engineer-in-Charge as to the value of the work done shall be

14
 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 carryout the work hereby
undertaken by the contractor. In either case if prior approval as aforesaid is not obtained, the contract shall be
deemed to have been allotted in contravention of clauses 35 hereof and the same action may be taken and, the same
consequence shall ensure as provided in the said clause.
30 IF THE CONTRACTOR DIES:

Without prejudice to any of the rights or remedies under his contract, if the contractor dies, the Owner shall have
the option of terminating the contract without compensation to the contractor.

31 EMPLOYEES OF THE OWNER NOT INDIVIDUALLY LIABLE:

No director or official or employee of the Owner shall in any way be personally bound or liable for the acts or
obligations of the Owner under the contract or answerable for any default or omission in the observance or
performance of any of the acts, matters or tVhings which are herein contained.

15
32 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS:

The contractor shall not be entitled to any increase on the item rates of the contract or any other right or claim
whatsoever by reason of representation, explanation or statement or alleged representation, promise or guarantees
given or alleged to have been given to him by any person.

33 CONTRACTOR’S OFFICE AT SITE:

The contractor shall provide and maintain an office at the site, if space provided by the owner, for the accommodation
of his agent and staff and such office shall be open at all reasonable hours to receive instruction, notices, or other
communications.

34 CONTRACTOR’S SUBORDINATE STAFF AND THEIR CONDUCTS:

34.1 The contractor, on or after award of the work shall name and depute a qualified personnel having sufficient
experience in carrying out work of similar nature to whom the equipments materials, if any, shall be issued
and instructions for works given. The contractor shall also provide to the satisfaction of the Engineer-in-
Charge sufficient and qualified staff to supervise the execution of the-works, competent sub-agents,
supervisor and leading hands including those specially qualified by previous experience to supervise the
type of works comprised in the contract in such manner as will ensure work of the best quality, expeditious
working. Whenever in the opinion of the Engineer-in-Charge, additional properly qualified supervision staff
is considered necessary, they shall be employed by the contractor without additional charges on account
thereof. The Contractor shall ensure to the satisfaction of the Engineer-in- Charge that sub-contractors, if
any shall provide competent and efficient supervision over the work entrusted to them.
34.2 If and whenever any of the Contractor’s or sub-contractor’s agents, sub-agents, assistants supervisor or
other employees shall in the opinion of Engineer-in-Charge be guilty of any misconduct or be incompetent
or insufficiently qualified or negligent in the performance of their duties or that in the opinion of the owner
or Engineer-in-Charge, it is undesirable for administrative or any other reason for such person or persons
to be employed in the works, the contractor, if so directed by the Engineer-in- Charge, shall at once remove
such person or persons from employment thereon. Any person or persons so removed from the works shall
not again be employed in connection with the works without the written permission of the Engineer-in-
Charge. Any person so removed from the works shall be immediately replaced at the expense of the
contractor by a qualified and competent substitute. Should the contractor be requested to repatriate any
person removed from the works he shall do so and shall bear all costs in connection herewith.
34.3 The contractor shall be responsible for the proper behaviour of all the staff, supervisor, workmen and others
and shall exercise a proper degree of control over them and in particular, and without prejudice to the said
generality, the contractor shall be bound to prohibit and prevent any employees from trespassing or acting
in any way detrimental or prejudicial to the interest of the community or of the properties or occupiers of
land and properties in the neighborhood and in the event of such employee so trespassing, the contractor
shall be responsible therefore and relieve the Owner of all consequent claims or actions for damages or
injury or any other grounds whatsoever. The decision of the Engineer-in-Charge upon any matter arising
under this clause shall be final. Contractor shall ensure that none of their employees are ever engaged in
any anti-national activities.
34.4 All contractor’s personnel entering upon the Owner’s premises shall be properly identified by badges issued
by owner which must be worn all times on Owner’s premises.

35 SUB-LETTING OF WORK:

Sub letting of contracts shall not be generally permitted. However owner may permit sub letting of work on specific
cases subject to the following:-
i) No part of the contract nor any share of interest there shall in any manner or degree be transferred assigned
sublet by the contractor directly or indirectly to any firm or corporation whosoever except as provided for in the
succeeding sub-clause, without the consent in writing of the Owner.
ii) Sub Contractors for Temporary Works Etc.:- The Owner may give written consent to sub-contract for execution
of any part of the works at the site, being entered into by the contractor provided each individual sub-contract
is submitted to the Engineer-in-Charge before being entered into and is approved by him.
iii) List of Sub-Contractors to be supplied: - At the commencement of every month the contractor shall furnish to
the Engineer-in-Charge list of all sub-contractors or firms engaged by the contractor and working at the site
during the previous month with particulars of the general nature of the sub-contract or works.
iv) Contractor’s Liability Not Limited By Sub-Contractors:- Notwithstanding any sub-letting with such approval as
aforesaid and notwithstanding that the Engineer-in-Charge shall have received copies of any sub-contracts, the
contractor shall be and shall remain solely responsible for the quality and proper and expeditious execution of
the works and the performance of all the conditions of the contract in all respects as if such sub-letting or sub-
contracting had not taken place and as if such work had been done directly by the Contractor.
v) Owner may Terminate Sub-Contracts:- If any sub-contractor engaged upon the works at the site executes any
work which in the opinion of the Engineer-in-Charge is not in accordance with the Contract documents, the
owner may by written notice to the contractor request him to terminate such sub-contract and the contractor
upon the receipt of such notice shall terminate such sub contract and the latter shall forthwith leave the works,
failing which the owner shall have right to remove such sub-contractors from the Site.
vi) No Remedy For Action Taken Under This Clause:- No action taken by the owner under the clause shall relieve
16
 the contractor of any of his liabilities under the contract or give rise to any right to compensation, extension of
time or otherwise failing which, the owner shall have right to remove such sub-contractors from the Site.

36 POWER OF ENTRY:

If the contractor shall not commence the work in the manner previously described in the contract document or if he
shall, at any time in the opinion of the Engineer-in-Charge.
i. Fail to carryout the works in conformity with the contract documents, or
ii. Fail to carryout the works in accordance with the time schedule, or
iii. Substantially suspend work or the works for a period of Fourteen days without authority from the
Engineer-in-Charge, or
iv. Fail to carryout and execute the works to the satisfactions of the Engineer-in-Charge, or
v. Fail to supply sufficient or suitable constructional equipments, temporary works, labour materials or things,
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 equipments and stock
or being liable for any loss of damage thereto, and if the Owner shall by reason of his taking possession of the works
or of the works being completed by other contractors (due account being taken of any such extra work or works
which may be omitted) then the amount of such excess as certified by the Engineer-in- Charge shall be deducted
from any money which may be due for work done by the contractor under the contract and not paid for. Any deficiency
shall forthwith be made good and paid to the Owner by the contractor and the Owner shall have power to sell in such
manner and for such price as he may think fit all or any of the constructional equipment, materials etc. belonging to
and to recoup and retain the said deficiency or any part thereof out of the proceeds of the sale.

37 CONTRACTORS RESPONSIBILITY WITH OTHER AGENCIES:

Without repugnance to any other condition, it shall be the responsibility of the contractor executing the work of civil
construction, to work in close co-operation and co-ordinate the works with other contractors or their authorized
representatives and the contractor will put up a joint scheme, showing the arrangements, with other contractors /
agencies for carrying his portion of work to the Engineer-in-Charge, and get the approval. The contractor before
finally submitting the schemes to the Engineer-in-Charge shall have the written agreement of the other agencies. The
Engineer-in-Charge before communicating his approval of the scheme, with any required modifications shall get the
final agreement of all the agencies, which shall be binding. No claim shall be entertained on account of the above.
The contractor shall conform in all respects with the provisions of any statutory regulations, ordinances or by laws of
any local or duly constituted authorities or public bodies which may be applicable from time to time to the works or
any temporary works. The contractor shall keep the Owner Indemnified against all penalties and liabilities of every
kind arising out of non-adherence to such statutes ordinances, laws, rules, regulations, etc.

38 OTHER AGENTS AT SITE:

The contractor shall have to execute the work in such place and condition where other agencies might also be
engaged for other works such as site grading, filling and leveling, electrical and mechanical engineering works etc.
No claim shall be entertained to works being executed in the above circumstances.

39 NOTICES:

Any notice hereunder may be served on the contractor or his duly authorized representative at the job site or may
be served by registered mail direct to the address furnished by the Contractor. Proof of issue of any such notice could
be conclusive of the contractor having been duly informed of all contents therein.

40 RIGHTS OF VARIOUS INTERESTS:

i) The Owner reserves the right to distribute the work between more than one contractor. The contractor shall co-
operate and afford other contractors reasonable opportunity for access to the works for the carriage and storage of
materials and execution of their works.

17
 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 under:-

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 licence fees which may be due with respect thereto. If any equipment, machinery, materials
or composition matters, to be used or supplied or methods and process to be practised or employed in the
performance of this contract, is covered by a patent under which contractor is not licensed then the contractor before
supplying or using the equipment, machinery, materials, compositions method or processes shall obtain such licences,
and pay such royalties and licence fees as may be necessary for performance of the contract. In the event, the
contractor fails to pay any such royalties or obtain any such licence, any suit for infringement of such patents which
is brought against the contractor or the Owner as a result of such failure will be defended by the contractor at his
own expenses and the contractor will pay any damages and costs awarded in such suit. The contractor shall promptly
notify the owner if the contractor has acquired knowledge of any patent under which a suit for infringement could be
reasonably brought because of the use by the Owner of any equipment, machinery, materials, and process methods
to be supplied hereunder. The contractor agrees to and does hereby grant to Owner, together with the right to extend
the same to any of the subsidiaries of the Owner as irrevocable, royalty- free licence to use in any country, any
invention made by the contractor or his employee in or as a result of the performance of the work under the contract.

The Owner shall indemnify and save harmless the contractor from any loss on account of claims on contractor for
the contributory infringement of patent rights arising out and based upon the claim that the use by the Owner of the
process included in the design prepared by the Owner and used in the operation of the plant infringes on any patent
right with respect to any sub-contract entered into by contractor pursuant to the provisions of sub-contractor
an undertaking to provide the Owner with the same patent protection that contractor is required to provide under
18
 the provisions of this clause.

43.2 All drawings, blue prints, tracings, reproducible, models, plans, specification and copies thereof, furnished by the
Owner as well as drawings, tracings, reproducible, plans specifications, design, calculations etc. prepared by the
contractor for the purpose of execution of works covered in or connected with this contract shall be the property of
Owner and shall not be used for any other work but are to be delivered to the Owner at the completion of the
contract.

43.3 Where so desired by Engineer-in-Charge, the contractor agrees to respect the secrecy of any document, drawings
etc. issued to him for the execution of this contract, and restrict access to such documents, drawing etc. to the
minimum and further, the contractor agrees to execute an individual SECRECY agreement from each or any person
employed by contractor having access to such documents, drawings and to any other agency or individual, without
the written approval by Engineer-in-Charge.

44 LIENS:

44.1 If, at any time, there should be evidence or any lien or claim for which the Owner might have become liable and
which is chargeable to the contractor, the Owner shall have the right to retain out of any payment then due or
thereafter to become due an amount sufficient to completely indemnify the owner against such lien or claim and if
such lien or claim be valid the Owner may pay and discharge the same and deduct the amount so paid from any
money which may be or may become due and payable to the Contractor. If any lien or claim remain unsettled after
all payments are made, the contractor shall refund or pay to the Owner all moneys that the latter may be compelled
to pay in discharging such lien or claim including all costs and reasonable expenses.

44.2 Contractor will not disclose details of the work to any person or persons except those engaged in its performance,
and only to the extent required for the particular portion of the work being done.
Contractor will not give any items concerning details of the work to the press or a news disseminating agency without
prior written approval from Engineer-in-Charge. Contractor shall not take any pictures on site without written approval
of Engineer-in-Charge

45 OPERATION OF CONTRACT:

45.1 Law Governing:

Regardless of the place of contracting, place of performance or otherwise, this Agreement, and all amendments,
modifications, alterations, or supplements, thereto shall be governed by the laws of India and respective state laws
for the nature, validity and interpretation thereof.

45.2 Non-Waiver of Default:

Any failure by the Owner or Contractor at any time, or from time to time, to enforce or require the strict keeping and
performance of any of the terms or conditions of this agreement, or to exercise a right hereunder, shall not constitute
a waiver of such terms, conditions or rights, and shall not affect or impair same, or the right of the Owner or the
Contractor, as the case may be at any time to avail itself of same.

19
 SECTION - V

PERFORMANCE OF WORK

46 EXECUTION OF WORKS:

46.1 All the works shall be executed in strict conformity with the provisions of the contract documents and with such
explanatory detailed drawings, specifications, and instructions as may be furnished from time to time to the contractor
by the Engineer-in-Charge whether mentioned in the contract or not. The contractor shall be responsible for ensuring
that works throughout are executed in the most substantial, proper and workman like manner with the quality of
material and workmanship in strict accordance with the specifications following all safety requirements of BPCL and
as stipulated in work permits as per the directions and to the entire satisfaction of the Engineer-in- Charge.
46.2 Wherever it is mentioned in the specifications that the Contractor shall perform certain work or provide certain
facilities/materials, it is understood that the contractor shall do, so at his cost unless otherwise specified.
46.3 The materials, design and workmanship shall satisfy the relevant Indian Standards, the Job specification contained
herein and codes referred to. Where the job specification stipulate requirements in addition to those contained in the
standards codes and specifications, these additional requirements shall also be satisfied.

47 COORDINATION AND INSPECTION OFWORK:

The coordination and inspection of the day-to-day work under the contract shall be the responsibility of the Engineer-
in-Charge. The written instructions regarding any particular job will be normally be passed by the Engineer-in-Charge
or his authorized representative. A work order book / logbook will be maintained by the Contractor for each job in
which the aforesaid written instructions will be entered. These will be signed by the contractor or his authorized
representative by way of acknowledgment within 12 hours. The non maintaining of the order book or non signing by
the contractor shall not preclude the contractor from complying with the instructions.

48 WORK IN MONSOON ANDDEWATERING:

48.1 The completion of the work may entail working in the monsoon also. The contractor must maintain a minimum labour
force as may be required for the job and plan and execute the construction and erection according to the prescribed
schedule. No extra rate will be considered for such work in monsoon.
48.2 During monsoon and other period, it shall be the responsibility of the contractor to keep the construction work site
free from water at his own cost.

49 WORK ON SUNDAYS 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
equipments and other construction activities to protect the existing features and prevent damage to any facility.
Necessary protective structures barricades etc. have to be erected at various places as directed by Engineer-in-
Charge. No extra payment of such protective works will be made unless specially provided in the tender.
50.2 The working time or the time of work is 48 hours per week normally. Overtime work is permitted in cases of need
and the Owner will not compensate the same. Shift working at 2 or 3 shifts per day may become necessary and the
contractor should take this aspect into consideration for formulating his rates for quotation. No extra claims will be
entertained by the Owner on this account.
50.3 The contractor must arrange for the placement of workers in such a way that the delayed completing of the work or
any part thereof for any reasons whatsoever will not affect their proper employment. The Owner will not entertain
any claim for idle time payment whatsoever.
50.4 The contractor shall submit to the Owner reports at regular intervals regarding the state and progress of work. The
details and preforma of the report will mutually be agreed after the award of contract.

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 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 centre line marks, either existing or supplied and fixed by the contractor. The,
work shall be set out to the satisfaction of the Engineer-in-Charge. The approval thereof or joining in setting out the
work shall not relieve the contractor of any of his responsibilities.
53.3 Before beginning the works, the contractor shall at his own cost, provide all necessary reference and level posts,
pegs, bamboos, flags, ranging rods, strings and other materials for proper layout of the work in accordance with the
scheme, for bearing marks acceptable to the Engineer-in-Charge. The centre, longitudinal or face lines and cross lines
shall be marked by means of small masonry pillars. Each pillar shall have distinct marks at the centre to enable
theodolite to be set over it. No work shall be started until all these points are checked and approved by the Engineer-
in-Charge in writing but such approval shall not relieve the contractor of any of his responsibilities. The contractor
shall also provide all labour, material and other facilities, as necessary, for the proper checking of layout and inspection
of the points during construction.
53.4 Pillars bearing geodetic marks located at the site of work under construction should be protected and fenced by the
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

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 will be arranged by the contractor promptly at his own cost.

56 MATERIALS SUPPLIED BY OWNER:

56.1 If the specifications of the work provides for the use of any materials of special description to be supplied from the
Owner’s stores, price for such material to be charged therefore as herein after mentioned being so far as practicable
for the convenience of the contractor but not so as in any way to control the meaning or effect of the contract. The
contractor shall be bound to purchase and shall be supplied such materials as are from time to time required to be
used by him for the purpose of the contract only. The sums due from the contractor for the value of the actual
materials supplied by the Owner will be recovered from the running account bill on the basis of the actual consumption
of materials in the work covered and for which the running account bill has been prepared. After the completion of
the works, however, the contractor has to account for the full quantity of materials supplied to him as per relevant
clauses in this document.
56.2 The value of the materials as may be supplied to the contractor by the Owner will be debited to the contractor’s
account at the rates shown in the schedule of chargeable materials and if they are not entered in the schedule, they
will be debited at cost price, which for the purpose of the contract shall include the cost of carriage and all other
expenses whatsoever such as normal storage supervision charges which shall have been incurred in obtaining the
same at the Owner’s stores. All materials so supplied to the contractor shall remain the absolute property of the
Owner and shall not be removed on any account from the site of the work, and shall be at all times open for
inspection to the Engineer-in-Charge. Any such materials remaining unused at the time of completion or termination
of the contract shall be returned to the Owner’s stores or at a place as directed by the Engineer-in- Charge in
perfectly good condition, at contractor’s cost.

57 CONDITIONS FOR ISSUE OF MATERIALS:

i) Materials specified to be issued by the Owner will be supplied to the contractor by the Owner from his
stores/location. It shall be the responsibility of the contractor to take delivery of the materials and arrange for its
loading, transport and unloading at the site of work at his own cost. The materials shall be issued between the
working hours and as per the rules of the Owner framed from time to time.
ii) The contractor shall bear all incidental charges for the storage and safe custody of materials at site after these
have been issued to him.
iii) Materials specified to be issued by the Owner shall be issued in standard sizes as obtained from the manufacturer.
iv) The contractor shall construct suitable godown at the site of work for storing the materials safe against damage
by rain, dampness, fire, theft etc. He shall also employ necessary watch and ward establishment for the purpose.
v) It shall be duty of the contractor to inspect the material supplied to him at the time of taking delivery and satisfy
himself that they are in good condition. After the materials have been delivered by the Owner, it shall be the
responsibility of the contractor to keep them in good condition and if the materials are damaged or lost, at any
time, they shall be repaired and/ or replaced by him at his own cost, according to the directions of the Engineer-
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 issued for.

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58 MATERIALS PROCURED WITH ASSISTANCE OF OWNER:

Notwithstanding anything contained to the contrary in any or all the clause of this document where any materials for
the execution of the contract are procured with the assistance of Owner either by issue from Owner’s stock or
purchase made under orders or permits or licences issued by Government, the contractor shall hold the said materials
as trustee for the Owner and use such materials economically and solely for the purpose of the contract and not
dispose them off without the permission of the owner and return, if required by the Engineer-in-Charge, all surplus
or unserviceable materials that may be left with him after the completion of the contract or at its termination for any
reason, whatsoever on his being paid or credited such prices as the Engineer in-Charge shall determine having due
regard to the condition of the materials. The price allowed to the contractor however, shall not exceed the amount
charged to him excluding the storage charges if any. The decision of the Engineer-in- Charge shall be final and
conclusive in such matters. In the event of breach of the aforesaid condition, the contractor shall in terms of the
licenses or permits, and/or for criminal breach of trust, be liable to compensate the Owner a double rate or high rate,
in the event of those materials at that time having higher rate or not being available in the market, then any other
rate to be determined by the Engineer-in-Charge and his decision shall be final and conclusive.

59 MATERIALS OBTAINED FROM DISMANTLING:

If the contractor in the course of execution of the work is called upon to dismantle any part for reasons other than
those stipulated in clauses 66 & 70 hereunder, the materials obtained in the work of dismantling etc. will be considered
as the Owner’s property and will be disposed off to the best advantage of the Owner.

60 ARTICLES OF VALUE FOUND:

All gold, silver and other materials, of any description and all precious stones, coins, treasure relies, antiquities and
other similar things which shall be found in, under or upon the site, shall be property of the Owner and the contractor
shall duly preserve the same to the satisfaction of the Engineer-in-Charge and shall from time to time deliver the
same to such person or person indicated by the Owner.

61 DISCREPANCIES BETWEEN INSTRUCTIONS:

Should any discrepancy occur between the various instructions furnished to the contractor, his agents or staff or any
doubt, arise as to the meaning of any such instructions or should there be any misunderstanding between the
contractor’s staff and the Engineer-in-Charge’s staff, the contractor shall refer the matter immediately in writing to
the Engineer-in-Charge whose decision thereon shall be final and conclusive and no claim for losses alleged to have
been caused by such discrepancies between instructions, or doubts, or misunderstanding shall in any event be
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, labour cost at
schedule of labour plus 10% to cover contractor’s supervision, overheads and profit and pay the contractor
accordingly. The opinion of the Engineer-in-Charge as to the current market rates of materials and the quantum
of labour involved per unit of measurement will be final and binding on the contractor.

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 d) Provisions, contained in sub-clause (a) to (c) above shall not, however, apply:

Where the value of alterations / additions / deletions or substitutions exceeds beyond plus or minus 25% of the
estimated contract value (i.e. quoted item rates of contractor shall hold good for variations etc. within plus or
minus 25% of estimated contract value)

B) In the event and as a result of such alternatives / additions / substitutions / deletion, the scope of contract work
exceed the value stipulated in the contract by more than the limits given in clause (d) above, the Contractor shall
claim revision of the rates supported by the proper analysis in respect of such items for quantities in excess of the
above limits, notwithstanding the fact that the rates for such items exist in the tender for the main work or can be
derived in accordance with the provision of sub-clause (b) of Clause 62 A, and the Engineer-in-Charge may revise
their rates having regard to the prevailing market rates, and the contractor shall be paid in accordance with the
rates so fixed. But, under no circumstances the contractor shall suspend / stop / slowdown the work on the plea
of non-settlement of rates of items falling under this clause.

63 VARIATION IN CONTRACT VALUE :

Compensation for Reduction in Contract value due to change in quantity:

➢ Upto & inclusive of (-) 25% of Total Contract Value (TCV): No cost compensation.
➢ Beyond (-) 25% of TCV: Cost compensation @ 10% of reduction in the contract value from (-) 25% of TCV (i.e. 75% of
TCV).

Discount to be obtained for Increase in contract value due to change in quantity:

➢ Upto & inclusive of (+) 50% of TCV: No discount.

Beyond (+) 50% of TCV: Reduction @ 10% of increase in the contract value beyond (+) 50% of TCV.

64 ACTION WHERE NO SPECIFICATIONS ISSUED:

In case of any class of work for which there is no such specification given by the Owner in the tender documents,
such work shall be carried out in accordance with Indian Standard Specifications and if the Indian Standard
Specifications do not cover the same the work should be carried out as per standard Engineering Practice subject to
the approval of the Engineer-in-Charge.

65 ABNORMAL RATES:

The contractor is expected to quote rate for each item after analysis of cost involved for the completion of item/work,
considering all specifications and conditions of contract. This will avoid loss of profit or gain, in case of curtailment or
change of specification for any item. In case it is noticed that the rates for any item, quoted by the tenderer are
unusually high or unusually low, it will be sufficient cause for the rejection of the tender unless the Owner is convinced
about the reasonableness of the rates on scrutiny of the analysis for such rate to be furnished by the tenderer on
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.

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68 TESTS FOR QUALITY OF WORKS:

68.1 All workmanship shall be of the respective kinds described in the contract documents and in accordance with the
instructions of the Engineer-in-Charge and shall be subjected from time to time to such test at contractor’s cost as
the Engineer-in-Charge may direct at place of manufacture or fabrication or on the site or at all or any such places.
The contractor shall provide assistance, instruments, labour and materials as are normally required for examining,
measuring and testing any workmanship as may be selected and required the Engineer-in-Charge.

68.2 All the tests necessary in connection with the execution of the work as decided by Engineer-in-Charge shall be carried
out at the field testing laboratory of the Owner by paying the charges as decided by the Owner from time to time.
In case of non-availability of test facility with the Owner, the required test shall be carried out at the cost of contractor
at government or any other testing laboratory as directed by Engineer-in-Charge.

68.3 If any tests are required to be carried out in connection with the work or materials workmanship not supplied by the
contractor, such tests shall be carried out by the contractor as per the instructions of Engineer-in-Charge and cost
of such tests shall be reimbursed by the Owner.

69 SAMPLES:

The contractor shall furnish to the Engineer-in-Charge for approval when requested or if required by the specifications,
adequate samples of all materials and finishes to be used in the work. Such samples shall be submitted before the
work is commenced and in ample time to permit tests and examinations thereof. All materials furnished and finishing
applied in actual work shall be fully identical to the approval samples.

70 ACTION AND COMPENSATION IN CASE OF BAD WORK:

If it shall appear to the Engineer-in-Charge that any work has been executed with unsound, imperfect or unskilled
workmanship or with materials of any inferior description, or that any materials or articles provided by the contractor
for the execution of the work are unsound or of a quality inferior to that contracted for, or otherwise not in accordance
with the contract, the contractor shall on demand in writing from the Engineer-in-Charge or his authorised
representative, specifying the work, materials or articles complained of, notwithstanding that the same have been
inadvertently passed, certified and paid for forthwith shall rectify or remove and reconstruct the works specified and
provide other proper and suitable materials or articles at his own charge and cost, and in the event of failure to do
so within a period to be specified by the Engineer-in-Charge in his demand aforesaid, the contractor shall be liable to
pay compensation at the rate of one percentage of the estimated cost of the whole work, for every week limited 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 labour force, tools,
equipments and materials on such parts of the work, as the owner may designate or also engage another contractor
to carry out the work. In such cases, the owner shall deduct from the amount which otherwise might become due to
the contractor, the cost of such work and materials with ten percent added to cover all departmental charges and
should the total amount thereof exceed the amount due to the contractor, the contractor shall pay the difference to
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.

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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
b) As soon as reasonably practicable, notice given to the contractor in writing of the said decisions specifying
particulars of the defects alleged to exist or to have occurred, then the contractor shall at his own expenses and
with all speed make good the defects so specified.
In the case contractor shall fail to do so, the Owner may take, at the cost of the contractor, such steps as may in all
circumstances, be reasonable to make good such defects. The expenditure, so incurred by the Owner shall be
recovered from the amount due to the contractor. The decision of the Engineer-in-Charge with regard to the amount
be recovered from the contractor will be final and binding on the contractor. As soon as the works have been
completed in accordance with the contract (except in minor respects that do not affect their use for the purpose for
which they are intended and except for maintenance thereof provided in clause 74.1) and have passed the tests on
completion, the Engineer-in-Charge shall issue a certificate (hereinafter called completion certificate) in which he
shall certify the date on which the work have been so completed and have passed the said tests and the Owner shall
be deemed to have taken over the works on the date so certified. If the works have been divided into various groups
in the contract, the Owner shall be entitled to take over any group or groups before the other or others and thereupon
the Engineer-in-Charge shall issue a completion certificate which will however, be for such group or groups as taken
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 the contract.

74.7 Performance of contractor shall be evaluated on each job by Engineer-in-Charge and recorded. Review of performance
will be carried out at appropriate intervals by BPCL.

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 SECTION VI

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 Equipments, Materials, Labour etc.

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, labour, 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 Claims:

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
work.

vi) Schedule of Rates to cover Risk of Delay:

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

27
 which have been fixed by the contractor and agreed to the Owner and cannot be altered.
For lumpsum 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 authorise agent progressively. Such measurement will be got recorded
in the measurement book by the Engineer-in-Charge or his authorised representative and signed in token of accepted
by the contractor or his authorised 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.
ii) Billing:
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 followed.

77 LUMPSUMS IN TENDER:

For the items in tender where it includes lumpsum in respect of parts 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 lumpsum 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 and reconstructed or re-erected or be considered as an
admission of the due performance of the contract, or any part thereof in this respect, or of the accruing of any claim
by the contractor, nor shall it conclude, determine or affect in any way the powers of the Owner under these conditions
or any of them as to the final settlement and the adjustments of the accounts or otherwise, or in any other way vary
or affect the contract.
The final bill shall be submitted by the contractor within one month of the date of physical completion of the work,
and settled immediately but not later than 60 days otherwise the Engineer-in charge’s certificate of the measurement
and of total amount payable for the work accordingly shall be final and binding on all parties. The final bill shall be
presented by the contractor along with ‘No claim certificate’ in a format acceptable to the owner or such other
documents as directed by the owner.

79 EXTRA WORK:

Should the contractor consider that he is entitled to any extra payment for extra job carried out whatsoever in respect
of the works, he shall forthwith give notice in writing to the Engineer-in-Charge that he claims extra payment for the
extra work. Such notice shall be given to the Engineer-in-Charge within one week from the ordering of any extra
work or happening of any event, upon which the contractor bases such claims, and such notice shall contain full
particulars of the nature of such claim with full details and amount claimed. Failure on part of the contractor to put
forward any claim with the necessary particulars as above within the time above specified shall be an absolute
waiver thereof. No omission by the owner to reject any such claim and no delay in dealing therewith shall be waiver
by the owner of any rights in respect thereof.

80 PAYMENT OF CONTRACTOR’S BILL:

Generally no payment shall be made for works estimated to cost less than Rs. 50,000/- till the whole of the work
shall have been completed. But in case of works estimate to cost more than Rs. 50,000/- the contractor on submitting
the bill thereof be entitled to receive a monthly payment proportion to the part thereof approved and passed by the

28
 Engineer-in-Charge, whose certificate of such approval and passing of the sum so payable shall be final and conclusive
against the contractor. This payment will be made after making necessary deductions as stipulated elsewhere in the
contract document for materials, security deposit or any moneys due to the Owner etc.
75% payment of the Running Account bill (RA bill) shall be released within 15 calendar days of receipt of RA bill duly
certified by Engineer-in-charge (EIC) and the balance payment shall be released within 30 days of receipt of RA bill
by EIC after detailed scrutiny.

81 CONCLUSION OF CONTRACT:

In a situation where the L1 bidder is not lowest for some specific line items and the L1/L2 parity is likely to be
affected during the execution of the contract, due to variation in quantities of individual line items in contract based on
site conditions, then the final payment could be restricted to ensure that the overall total payment of the executed
work does not exceed the overall amount that would have been payable to the then L1 as per the latter’s quoted rates.

82 MODE OF PAYMENT:

Payment will be made to the contractor normally through NEFT mode.

83 COMPLETION CERTIFICATE:

83.1 Application for Completion Certificate:

When the contractor fulfills his obligation under clause 74.4, he shall be eligible to apply for completion certificate.
The contractor may apply for separate completion certificate respect of each such portion of the work by submitting
the completion documents along with such application for completion certificate.
The Engineer-in-Charge shall normally issue to the contractor the completion certificate within one month after
receiving an application therefore from the contractor after verifying from the completion documents and satisfying
himself that the work has been completed in accordance with and as set out in the construction and erection drawings
and the contract documents.
The contractor, after obtaining the completion certificate is eligible to present the final bill for the work executed by
him under the terms of contract.

83.2 Completion Certificate:

The contractor shall be furnished with a certificate by the Engineer-in-Charge of such completion, but no certificate
shall be given nor shall the work be deemed to have been executed until all scaffolding surplus materials and rubbish
is cleared off the site completely or until the work shall have been measured by the Engineer-in-Charge whose
measurement shall be binding and conclusive. The work will not be considered complete and taken over by the
Owner, until all the temporary works, labour and staff colonies etc. constructed are removed and the work site
cleaned of all debris etc., as described in clause in 83.3 below and to the satisfaction of the Engineer-in-Charge.

If the contractor shall fail to comply with the requirements of this clause on or before the date fixed for the completion
of the work, the Engineer-in-Charge may at the expenses of the contractor remove such scaffolding, surplus materials
and rubbish and dispose off the same as he thinks fit and clean off such dirt 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 scaffolding or
surplus materials as aforesaid except for any sum actually realised by the sale thereof.

83.3 Clearing the site:

Cart away all debris generated from the work and dispose it off without giving rise to any complaints from local,
municipal or government authorities. Metal scraps or any other scrap including wooden packing materials shall be
disposed as instructed by the Engineer-in-Charge or as follows:
a) All unused scrap steel bar/ structural steel sections/pipe materials etc., (Free issue by owner) shall be the
property of the owner and the same shall be returned by the contractor category-wise at their own cost
to Owner’s store. The weighment slip issued by the Warehouse (in original) is required to be attached
along with the final bill/ material reconciliation statement. In case, the material is supplied by the
contractor, as per their scope of work, the scrap material generated out of the same should be taken out
at their own cost before the settlement of the final bill.
b) Insulation material (either issued by owner to the contractor or supplied by contractor) shall be kept in the
area allocated by owner. During the insulation activities, the contractor should keep the work area clean
on day-to-day basis. On completion of insulation job, all debris/packing should be taken out to the
designated location or as directed by the Engineer in charge for disposal at their own cost before the
settlement of the final bill.
83.4 The financial implication of above, if any, should be taken care of in the quoted rates; and no separate claim shall be
entertained on this account. The final bill of the contractor shall be linked with the area cleaning in all respects, including
removal of shuttering material, disposal of debris/scrap etc. to the entire satisfaction of Engineer-in- Charge.

84 FINAL DECISION AND FINAL CERTIFICATE:

Upon Expiry of the period of liability and subject to the Engineer-in-Charge being satisfied that the works have been
duly maintained by the contractor during monsoon or such period as herein before provided in clause 74 and that the
29
 contractor has in all respect duly made up any subsidence and performed all his obligations under the contract, the
Engineer-in-Charge shall (without prejudice to the rights of the Owner to retain the provisions of relevant clause
hereof) give a certificate herein referred to as the final certificate to that effect. The contractor shall not be considered
to have fulfilled the whole of his obligations under the contract until Final Certificate have been given by the Engineer-
in-Charge notwithstanding any previous entry upon the work and taking possession, working or using of the same or
any part thereof by the owner.

85 CERTIFICATE FOR PAYMENTS AND EVIDENCE OF COMPLETION:

Except the final certificate, no other certificate or payments against a certificate or on general account shall be taken
to be an admission by the Owner of the due performance of the contract or any part thereof or occupancy or validity
of any claim by the contractor.

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 SECTION VII

TAXES/DUTIES/INSURANCE

86. TAXES AND DUTIES:

The contractor agrees to and does hereby accept full and exclusive liability forthe payment of any and all taxes, duties,
etc. now in force or hereafter Imposed, increased or modified, from time to time in respect of work and materials and
all contributions and taxes for unemployment compensation, insurance and old age pensions or annuities now or
hereafter imposed by anyCentral or State Government authorities which are imposed with respect to orcovered by the
wages, salaries, or other compensations paid to the persons employed by the contractor and the contractor shall be
responsible for the compliance with all obligations and restrictions imposed by the Labour Law orany other law affecting
employer - employee relationship and the contractor further agrees to comply and secure the compliance by all sub-
contractors, with all applicable Central, State, Municipal and local laws and regulations andrequirements of any Central,
State or Local Government agency or [Link] further agrees to defend, indemnify and hold harmless from
any liability or penalty which may be Imposed by the Central, State of Local Authority by reason of any violation by
contractor or sub-contractor of such laws, regulations or requirements and also from all claims, suits or proceedingthat
may be brought against the Owner arising under, growing out of, or by reason of the work provided for by this contract
by third parties, or by Centralor State Government authority or any administrative sub-division thereof.

86.1 The vendor shall take steps viz. mention relevant GSTIN of BPCL in GST invoices and returns, uploading invoice in GSTR 1,
payment of the tax liability on the said invoices and filing of Returns etc. and comply with all the requirements ofapplicable
laws including GST laws for the time being in force to enable the OWNER to avail tax credit/s including input tax credit.

Deferment of GST Amounts shall be done for those vendors who have got instances of open mismatches due to non-
compliance. Open mismatches refer tocases whereby OWNER could not claim the GST Input Tax Credit in the month of
payment of invoice due to non-compliance/ delayed compliance by the [Link], Over and above any payment
term mentioned in the tender including that mentioned in the GPC/GCC, payment to VENDOR by OWNER for the basic amount
(i.e. amount excluding GST) shall be made as mentioned in GPC/GCC oras mentioned anywhere else in the tender as
applicable. However, GST amountof the Invoices shall be paid only after the amount gets reflected in the return (GSTR-1
Return of outward supplies/GSTR-3B) submitted by the vendor on GSTIN portal (GSTR 2B of OWNER) to the satisfaction of
OWNER. Till such time GST amount with correct details is reflected in GSTIN portal to satisfaction of OWNER,amount shall be
withheld by OWNER.

Over and above, VENDOR is also required to issue e-invoice if the same is applicable to the OWNER. In absence of GST e-
invoice, any loss of Input Tax Credit to the OWNER shall be indemnified by the VENDOR.
Deferment of GST amounts to the vendors are subject to compliance of any applicable Act.
86.2 In case of vendors for whom deferment of GST amounts were not done, anyloss or non-availability of input tax credit by
the OWNER due to non- compliance of applicable tax law including but not limited to GST laws in force or otherwise, on the
part of VENDOR, an amount equivalent to any tax liability accruing to the OWNER and/or to the extent of any loss accrued
to the OWNER due to the non-availability of input tax credit or any liability accruedto the OWNER shall either stand cancelled
or deducted from the payment due to the VENDOR or shall be reimbursed by the VENDOR as the case may be tillsuch default
is either rectified or made good by the VENDOR and the OWNERis satisfied that it is in a position to claim valid input tax
credit within the timelines as per applicable laws.

86.3 Any cost, liability, dues, penalty, fees, interest as the case may be which accrues to the OWNER at any point of time on
account of non-compliance ofapplicable tax laws or rules or regulations thereof or otherwise due to defaulton the part of
VENDOR shall be borne by the VENDOR. An amount equivalentto such cost, liability, dues, penalty, fees, and interest as the
case may be shall be reimbursed by the VENDOR within 30 days. Any GST as may be applicable on such recovery of
amount shall also be borne by VENDOR and same shall be collected by the OWNER.

87 INSURANCE:

Contractor shall at his own expenses carry and maintain insurance with reputable insurance companies to the
satisfaction of the Owner as follows:

i) Employees State Insurance Act:

The Contractor agrees to and does hereby accept full and exclusive liability for the compliance with all obligations
imposed by the Employees State Insurance Act, 1948, and the contractor further agrees to defend, indemnify and
hold Owner harmless from any liability or penalty which may be imposed by the Central, State or Local Authority by
reason of any asserted violation by contractor or sub-contractor, of theEmployee State Act, 1948 and also from all
claims suits or proceedings that may be brought against the Owner arising under, growing out of or by reason of the
work provided for by this contract whether brought by employees of the contractor, by third parties or by Central or
State Government authority or any politicalsub-division thereof.

The contractor agrees to filing, with the Employees State Insurance Corporation, the Declaration Forms and all
forms which may be required in respect of the contractor’s or sub-contractor’s employees whose aggregate
remuneration as fixed by the concerned authorities and who are employed in the work providedfor or those covered

31
 by ESI Act under any amendment to the Act from time to time. The contractor shall deduct and secure the
agreement of the sub-contractor to deduct the employee’s contribution as per the first schedule of the Employee
State Insurance Act from wages and affix the Employee’s contribution Cards at Wages payment intervals. The
contractor shall remit and secure the agreement of the sub-contractor toremit to the authorized bank, Employee’s
State Insurance Corporation Account, the Employee’s contribution as required by the Act. The contractor agrees to
maintain all Cards and records as required under the Actin respect of employees and the payments and the
contractor shall secure the agreement of the subcontractor to maintain such records. Any expenses incurred for the
contribution, making contribution ormaintaining records shall be to the contractor’s or sub-contractor’s account.

The Owner shall retain such sum as may necessary, from the total contract value until contractor shall furnish
satisfactory proof that all contributions as required by the Employees State Insurance Act, 1948, have been paid.

ii) Workman’s Compensation and Employee’s Liability Insurance:

Insurance shall be effected for all the Contractor’s employees engaged in the performs of this contract, if any of
the work is sublet, the contractor shall require the sub-contractor to provide workman’s compensation and
employer’s liability Insurance for the latter’s employees if such employees are not covered under the contractors
insurance.

iii) Any other Insurance Required Under Law or Regulations or by Owner:

Owner shall cover Project Material and Equipments under and over all Marine-cum-Erection Insurance Policy.
Contractor shall carry and maintain any and all other insurance which be required under any law orregulation from
time to time. He shall also carry and main any other insurance which may be required by the Owner.

iv) Automobile Liability Insurance:

Contractor shall take out an Automobile Liability Insurance to cover all risks to Owner for each of his vehiclesplying on
works of this contract and these insurance shall be valid for the total contract period. No extra payments will be made
for this insurance. Owner shall not be liable for any damage or loss not made good by the insurance company, should
such damage or toss result from unauthorised use of the vehicle.

88. DAMAGE TO PROPERTY:

i) Contractor shall be responsible for making good, to the satisfaction of the Owner any loss of and any damage to all
structures and properties belonging to the Owner or being executed or procured or being procured by the Owner
or of other agencies within the premise all the work of the Owner, if such loss or damage is due to fault and/or the
negligence willful acts or omission of contractor, his employees, agents,representative or \ sub-contractor.

ii) The contractor shall indemnify and keep the Owner harmless of all claims for damage to property other thanOwner’s
property arising under or by reason of this agreement if such claims results from the fault and/or negligence or willful
acts or omission of contractor, his employees, agents, representatives or sub-contractors.

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 SECTION VIII
LABOUR LAWS AND OTHER REGULATIONS

89 LABOUR LAWS:

i) No labour below the age of eighteen years shall be employed on the work.

ii) The contractor shall not pay less than what is provided under the Minimum Wages Act for the applicable
trade or category of workman to the worker engaged by him on the work and also ensure that any sub-
contractors engaged by him also pay not below the applicable minimum wages under the Act and hold the
company, indemnified in respect of any claims that may arise in respect or non-compliance with this
requirements.

iii) The contractor shall observe all the formalities required under the provisions of the contract labour
(Regulation and abolition) Act 1970 and the rules made thereunder and as may be amended from time to
time. He shall pay the required deposit under the Act Appropriate to the number of workmen to be employed
by him or through sub-contractor and get him self registered under the Act. He shall produce the certificate
of registration granted by the Govt. authority under the Act to the company before commencement of
work. The company recognises only the contractor and not his sub-contractors under the provisions of the
Act. The contractor will have to submit daily a list of his employees, who will be entering the Company’s
premises for the work awarded. He will also keep his wage register available at all times as close to the
work site as possible and produce the same for inspection whenever required by designated Company
officials. If the company so desires, a deposit may be taken from the Contractor to be refunded only after
the Company is satisfied that all the workmen employed by the contractor have been fully paid for the
period of work in Company’s premises at least at rates equal to or better than wages provided for under
the Minimum Wages Act.

iv) The Contractor will comply with the provisions of the employee’s Provident Fund Act and the Family Pension
Fund Act as may be applicable and as amended from time to time. Contractor shall obtain their own
provident fund account number. Offer of the contractor who does not have provident fund account will be
liable for rejection.

v) The Contractor will comply with the provisions of the Payment of Gratuity Act 1972 as may be applicable
and as amended from time to time.

90 IMPLEMENTATION OF APPRENTICES ACT 1961:

The Contractor shall comply with provisions of the Apprentices Act 1961 and the Rules/orders issued thereunder from
time to time. If he fails to do so, his failure will be breach of the contract and the Engineer-in-Charge may, at his
discretion, cancel the contract. The contractor shall also be liable for any pecuniary liability arising on account of any
violation by him of the provision of the act.

91 CONTRACTOR TO INDEMNIFY THE OWNER:

i) The contractor shall indemnity the owner and every member, officer and employee of the Owner, also the
Engineer-in-Charge and his staff against all actions, proceedings, claims, demands, costs, and expenses
whatsoever arising out of or in connection with the matters referred to in clause 86 and all actions/
proceedings, claims, demands, costs and expenses which may be made against the Owner for or in respect
of or arising out of any failure by the contractor in the performance of his obligations under the contract
documents. The Owner shall not be liable for or in respect of any demand or compensation payable by law
in respect of or in consequence of any accident or injury to any workmen or other person in the employment
of the contractor or his sub-contractor and contractor shall indemnify and keep indemnified the Owner
against all such damages and compensations and against all claims, damage, proceedings, costs, charges
and expenses whatsoever, thereof or in relation thereto.

ii) Payment of Claims and Damages:

Should the Owner have to pay any money in respect of such claims or demands as aforesaid the amount
so paid and the costs incurred by the Owner shall be charged to and paid the Contractor and the contractor
shall not be at liberty to dispute or question the rig of the Owner to make such payments notwithstanding
the same may have been made without his consent or authority or in law or otherwise to the country.

In every case to which by virtue of the provisions of Section 12, sub-section (I) of workmen’s compensation
Act 1923 or other applicable provisions of workmen’s Compensation Act any other Act, the Owner is obliged
to pay compensation to a workmen employed by contractor in execution of the works, the Owner will
recover from the contractor the amount of compensation so paid and without prejudice to the rights of
Owner under Section 12 sub-section (2) of the said Act. Owner shall be at liberty to recover such amount
or any part thereof by deducting it from the security deposit or from any sum due to the contractor whether
under the contract or otherwise. The Owner shall not be bound to contest any clime made under Section
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 12, sub-section (I) of the said Act except on the written request of contractor and upon his giving to the
Owner full security for all costs for which the Owner might become liable on consequence of contesting
such claims.

iii) Employment Liability:

a) The contractor shall be solely and exclusively responsible for engaging or employing persons for
the execution of work. All employees engaged by the contractor shall be on his/ their payroll and
paid by him/ them. All disputes or differences between the contractor and his/ their employees
shall be settled by him/ them. Owner has absolutely no liability whatsoever concerning the
employees of the contractor. The contractor shall indemnify owner against all loss or damage or
liability arising out of or in the course of his/ their employees. The contractor shall make regular
and full payment of wages without giving any complaint by any employee of the contractor or
his sub-contractor regarding non-payment of wages/ salaries or other dues. Owner reserves the
right to make such payments directly, to such employee or sub-contractor of the contractor and
recover the amount in full from the bills of Contractor, and the contractor shall not claim any
compensation or reimbursement thereof. The Contractor shall comply with the Minimum Wages
Act applicable to the area with regard to payment of wages of his employees and also of
employees of his sub-contractor.

b) The Contractor shall advise in writing to all of his employees and the employees of his sub-
contractor as follows:
It is fully understood that your appointment and/ or deployment is only in connection with the
owner and it does not give you any right of claim for employment by owner.

92 (a) HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS:

In respect of all labour directly employed in the works for performance of the contractor’s par this agreement, the
contractor shall comply with or cause to be complied with all the rules and regulations of the local sanitary and other
authorities or as framed by the Owner from time to time for the protection of health and sanitary arrangements for
all workers.

(b) MEDICAL FITNESS CERTIFICATION :

Contractor shall follow guidelines for medical fitness certification of workers employed for working at height more
than 30 metres using temporary structures.

93 SAFETY REGULATIONS:

i) In respect of all labour, directly or indirectly employed In the work for the performance of contractor’s part
of this agreement, the contractor shall at his own expenses arrange for all safety provisions as per safety
codes of C.P.W.D. Indian Standard Institution, the Electricity Act, The Mines Act and any such other acts
as applicable.

ii) The Contractor shall ensure that he, his sub-contractor and his, or their personnel or representatives shall
comply with all Fire / Safety regulations issued from time to time by the Company or otherwise howsoever
and should any injury resulting in death or not or loss / or damage due to Fire to any property or a portion
thereof, occurred as a result of failure to comply with such regulations, the contractor shall be held
responsible for the consequences thereof and shall keep the company harmless and indemnified.

94 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 time
(c) The Seat of arbitration shall be at (Region/HQ from where the tender has been floated)
(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.
In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial
contract(s) between the Central Public Sector Enterprises (CPSEs)/Port Trusts inter se and also between CPSEs and
Government Departments/Organizations (excluding disputes concerning Railways, Income Tax, Customs & Excise
Departments*), such dispute or difference shall be taken up by either party for its resolution through AMRCD as
mentioned in DPE OM no.4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018.
(* The exclusion would also include disputes concerning GST, State level Sales Tax / VAT etc; though not mentioned
explicitly)

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95 JURISDICTION:

The contractor shall be governed by the Laws in force in INDIA. The contractor hereby submits to the jurisdiction of
the Courts situated at Mumbai/(Ernakulam-in the case of Kochi Refinery), for the purpose of actions and proceedings
arising out of the contract and the courts at Mumbai/(Ernakulam-in the case of Kochi Refinery), only will have
jurisdiction to hear and decide such actions and proceedings.

96 ORDER OF PRECEDENCE FOR WORKS / SERVICES CONTRACTS:

1. Contract Agreement (in GCC)

2. Detailed letter of Acceptance along with its enclosures
3. Letter of Award / Fax of Acceptance
4. Job Specifications (specific to particular job only)
5. Drawings
6. Special Conditions of Contract (SCC)
7. Technical Specifications
8. Instructions to Bidders
9. General Conditions of Contract (GCC)
10. Other Documents

Additionally, any variation or amendment / change order issued after signing of formal contract shall take precedence
over respective clauses of the formal contract and its Annexures.

97 LIMITATION OF LIABILITY

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price,
except that this Clause shall not limit the liability of the Contractor for following:
(a) In the event of breach of any Applicable Law;

(b) In the event of fraud, willful misconduct or illegal or unlawful acts, or gross negligence of the Contractor or any
person acting on behalf of the Contractor; or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence
which a conscientious Contractor would have followed in similar circumstances; or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property; or

(e) For any damage to any third party, including death or injury of any third party caused by the Contractor or any
person or firm acting on behalf of the Contractor in executing the Works. Neither Party shall be liable to the other
Party for any kind of indirect or consequential loss or damage like, loss of use, loss of profit, loss of
production or business interruption which is connected with any claim arising under the Contract.

98 POLICE VERIFICATION OF CONTRACT STAFF AND TRANSPORT CREW AT LOCATION:

The Contract staff should submit the following documents for enabling them to enter the location:
i) Police verification certificate issued by the police (PVC)
ii) Photocopy of Aadhaar Card (Original to be cross checked)
iii) Assurance certificate from the Vendor / Contractor /transporter

99 NUISANCE:

The contractor shall not at any time do, cause or permit any nuisance on site or do anything which shall cause
unnecessary disturbance or inconvenience to Corporation, tenants or occupiers of other properties near the site and to
the general public.

100 BUILDING AND OTHER CONSTRUCTION WORKERS CESS:

i) Bidders to note that under Building and other Construction Workers Welfare Act (Re&CS) Act 1996, Cess is applicable
to contracts executed outside Factory Area (e.g. construction of new industrial installation, office &
residential buildings etc.) as per the provisions applicable under ‘The Building and Other Construction Workers
Welfare Cess Act 1996’.

ii) The contractor must be registered with the concerned authorities under the Building and other Construction Workers‟
(RE&CS) Act, 1996 or in case of non-registration; the contractor should obtain registration within one month of the
award of contract.

35
iii) The contractor shall be responsible to comply with all provisions of the Building and Other Construction
Workers‟ (RE&CS) Act, 1996, the Building and other Construction Workers‟ Welfare Cess Act, 1996, the Building
and other Construction Workers‟ (RE&CS) Rules, 1998 and the Building and other Construction Workers Welfare
Cess Rules, 1998.

iv) Cess, as per the prevailing rate (presently 1%), shall be deducted at source from bills of the contactors by the
Engineer-in-Charge and remitted to the “Secretary, Building and other Construction Workers Welfare Board” of the
concerned State.

v) The contactor shall be responsible to submit final assessment return of the Cess amount to the assessing officer
after adjusting the Cess deducted at source.

36
 SECTION - IX

MEMORANDUM OF AGREEMENT

An agreement made this day of 20 between BHARAT PETROLEUM

CORPORATION LIMITED a Company Incorporated in India and having its registered office at Ballard Estate,
Mumbai, (herein after referred to as ‘the Company’ which expression shall include its heirs, legal representatives,
successors and permitted assignees) of the one part, and

(herein after referred to as “The Contractor” which expression shall include its heirs, legal representatives,
successors and permitted assignees) of the other part, whereby it is agreed:-
1. The Contractor shall carry out and complete the work as mentioned in the Purchase order/Contract No.
dated , (hereinafter referred to as “the work”) for the Company at its specified site to its
complete satisfaction in accordance with the specifications, schedule of rates and plans attached as per Purchase
order/Contract and with the instructions given from time to time, by the Company’s authorized engineer under
whose supervision the work shall be-executed. The parties hereto agree that this agreement shall be effective
from the date of the aforesaid Purchase Order/Contract.

2. Inspection of site: The Contractor has been given an opportunity before or at the time of the entrusting of the
work to him of making an inspection of the site to set at rest any doubt he may have had about the difficulties
attending his offer, and any difficulties which may be met with by him in the course of the execution of the work
shall neither relieve him from fulfilling the terms of this Agreement, nor entitled him to claim extra payment or
an extension of the period stipulated for the completion of the work, except where it will be agreed by the
Company’s authorized Engineer that such difficulties could not have been foreseen.

3. Supply of Labour and Materials: The Contractor shall furnish all labour, materials, equipment or tools
necessary for the construction of the work, except such materials, equipment or tools as will be supplied by the
Company and are detailed in Purchase order/Contract. The contractor will assume full responsibility for the
protection and safety of the work during its construction. The details and dimensions shown on the said plans
referred to in the Purchase order/Contract shall be strictly adhered to by the contractor and no alterations shall
be made therein unless previous sanction thereto has been given in writing by the Company.

(a) The Contractor shall prepare detailed and shop drawings and any other data required.

(b) All materials supplied by the Contractor shall be of the best quality. The Contractor shall at his own cost
arrange for and/or carry out any test of materials, which the Company’s authorized Engineer may
require.

(c) The Contractor shall at the request of the Company’s authorized Engineer immediately dismiss from the
work any person employed thereon who, in the opinion of the Company’s authorized Engineer, is
unsuitable or incompetent or who, has been guilty of misconduct, and such person shall not again be
employed or allowed on the works without the permission of the Company, in writing.

4. E. & O. E. No advantage is to be taken either by the Company or the Contractor of any clerical error or mistake,
which may occur in the specification, schedule of rates, plans, tender or any other papers supplied to or by the
contractor in connection with the work.

5. Damage on account of Incomplete work: The Contractor shall commence the work and shall complete the
work as mentioned in Purchase order/Contract failing which the Contractor shall pay or allow to the Company to
recover as liquidated damages, at the rate of minimum 0.5% per week of delay or part there of up to a maximum
of 5% of the total contract value, if Liquidated damages clause is made applicable in the contract. Such damages
may be deducted by the Company from any amount due to the contractor; otherwise they shall be recoverable
by lawful means.

6. a) Determination of the Agreement: The company shall, at any time, be entitled to determine and terminate
the contract, if in the opinion of the company, the cessation of the work becomes necessary owing to paucity of
funds or for any other cause whatsoever. On such determination / termination, the cost of approved materials,
37
 brought by the contractor and lying at the site, at current market rates as verified and approved by company’s
engineer and of the value of the work done to date by the contractor shall be paid for in full at the rate specified
in the contract. A notice in writing from the company to the contractor of such determination and termination
and reasons therefore shall be the conclusive proof of the fact that the contract has been so determined and
terminated by the company.
Should the contract be determined as above and the contractor claims payment to compensate expenditure
incurred by him in the expectation of completing the work, the company shall consider and admit such claim as
are deemed fair and reasonable and are supported by the vouchers to satisfaction of the engineer-in-charge. The
company’s decision on the necessity and propriety of such expenditure shall be final and conclusive and binding
on the contractor.
The contractor shall not be entitled to get any possible loss of profit that he could have earned had the contract
been not determined / terminated under the above clauses of this article.
b) Termination/Offloading: 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. 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.
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 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.

7. Defective Work / Materials: If the work done by the Contractor or any part there of shall be found defective
in workmanship or by reason of bad or inferior materials used, then in such case he shall at his own risk and cost
without delay, demolish all such defective work and rebuild or replace the same in a satisfactory manner. The
Company may, if necessary, at the cost and risk of the Contractor, temporarily stop all other activities by the
Contractor in connection with the work until such time as the defective work has been rebuilt or replaced at the
Contractor’s cost. In case of default on the part of the contractor to remove defectives work and rebuild or replace
the same without delay and in a manner satisfactory to the Company, the Company shall be entitled to employ
another Contractor or its own workman to carry out the removal and rebuilding or replacing at the risk and cost
of the contractor.

8. Substitution of Contractor : If the Company finds it necessary to employ a person or persons for the purposes
provided in clauses 6 (b) and 7 above, then the Company may deduct and retain from out of the sums due to
the contractor all such amounts as they may require to pay or to reimburse themselves there from in respect of
the costs and expenses which they have incurred in completing the work and or in removing defective work and
rebuilding or replacing the same in a manner satisfactory to the Company and if such amounts be more than the
sums due or thereafter becoming due to the Contractor, than the balance, shall be a debt recoverable from the
Contractor by the Company. The Contractor shall not in any manner do or cause to be done any act, matter or
things whatsoever to prevent the person or persons so employed by the Company from removing defective work
and re-building or replacing the same in a manner satisfactory to the Company and/or from, completing the work
in the manner aforesaid.

9. Removal of Material: On the Determination of the Agreement as referred to in Clause 6, the Contractor shall
at his own risk and cost remove from site within Seven days all his materials, equipment and tools. It is agreed
that in case of such determination the company shall be entitled to purchase from the Contractor such materials
as will be approved by the Authorized Engineer of the Company at the prices then current. If the Contractor does
not remove the other materials, equipment and tools which he has been asked to remove within the time
prescribed as aforesaid, the Company may remove and sell the same holding the proceeds less the cost of
storage, removal and sale to the credit of the Contractor. Should Company incur any loss in respect of the sale,
it shall be entitled to recover same from the Contractor.

10. Inspection of work: Inspection will be made periodically during the progress of the work by the authorized
Engineer of the Company and all work performed must be of acceptable quality of which the said Engineer-in-
Charge will be the sole judge.

11. Supervision: The Contractor shall during the whole time the work is in progress, employ one or more competent
and technical English speaking Supervisors acceptable to the Company’s authorized Engineer, one of whom at
least shall be in constant attendance at the site while persons are at work there. Any directions, explanations,
instructions, or notices in connection with the work given by the Company’s authorized Engineer to these
Supervisors shall be deemed to have been given to the Contractor.

38
12. Payment: The Company, in consideration of the contractor carrying out and completing the said work at the
Company’s said site, to the satisfaction of the Company, shall pay the contractor as per the said schedule of
Rates, subject to deductions, retentions and abatements, if any to be made therefrom in accordance with the
provisions of this Agreement. During the progress of the work and provided the work is progressing according to
the time-table laid down to the contractor, the contractor shall be entitled once a month to receive advance
payment on the above mentioned sum proportionate to such part of the work as shall have been executed during
the preceding month but only after such part of the work as has been executed has been inspected and approved
by the Company’s authorized Engineer. From such interim payments each time 10% will be withheld as Security
deposit and this 10% will be paid to the Contractor after the defect liability period, provided that any defects
appearing during that period are corrected by him. OR
100% payment will be made on the basis of actual executed quantities after satisfactory completion and due
certification by BPCL Engineer-in-charge. In lieu of 10% Retention money towards Security deposit, contractor
shall submit bank guarantee of equivalent amount of retention money (10% of contract value) before submission
of 1st Running Account (RA) bill valid for defects liability period specified. Further, the Bank Guarantee shall have
a claim period of six months beyond the date of expiry, and the same shall be mentioned clearly in the Bank
Guarantee.

13. Defects after Completion: Any defects which may appear within the defect liability period specified shall, upon
the directions in writing of the Company and within such reasonable time as shall be specified therein be amended
and made good by the Contractor, at his own cost unless the Company shall decide that the Contractor will be
paid for such amending and making good, and in case of default on the Contractor’s part, the Company may
amend and make good or have amended and made good such defects and all damages, losses and expenses
consequent thereon, incidental to those shall be borne by the Contractor and such damages, losses and expenses
shall be recoverable from him by the Company or may be deducted by the Company from any moneys due to or
thereafter becoming due to the Contractor. Alternatively, the Company may, in lieu of such amending and making
good by the Contractor elect to deduct from any moneys due or thereafter becoming due to the Contractor a
sum to be determined by the Company sufficient to cover the cost of amending and making good such defects,
and in the event of the amount withheld in accordance with Clause 12 being insufficient, recover the balance
from the Contractor together with any expenses the Company may have incurred in connection with such
recovery. Should any defective work have been done or bad inferior materials supplied by any Sub-Contractor
employed on the work, has been approved by the Company as provided in Clause 15, the Contractor shall be
liable to amend and make good in the same manner as if such work or materials had been done or supplied by
the Contractor. The Contractor shall remain liable under this Clause notwithstanding the signing by the Company’s
authorized Engineer of any certificate or the passing of any account.

14. Alterations: The Company reserves the right at any time to alter any quantities of any item indicated in the
Purchase order/Contract, in which case the total amount payable to the Contractor shall be less or higher,
proportionate with the reduction or increase in quantity of such item, allowance for which will be made at the
Contractor’s agreed rates.

15. Subletting Agreement: The Contractor shall not sublet or assign the work or any part thereof to another party
without the written consent of the company and no such subletting or assignment shall relieve the contractor from
the full and entire responsibility of his obligation under this Agreement.

16. Cancellation: The Company shall at any and all times during the period stipulated for the work, has the right
forthwith to cancel this agreement by giving written notice thereof to the Contractor and in such case the
Contractor shall be paid for such part of the work as has been executed by him up to the date of cancellation, on
the basis of schedule of rates as per Purchase order/Contract and shall be reimbursed by the Company for the
cost and expenses incurred by him but which would now be wasted as a direct consequence of the cancellation
of the Agreement.

17. Workmen’s Compensation Liability: The Contractor shall hold the Company harmless and indemnified from
and against all claims, costs and charges for which the Company shall be liable under the Workmen’s
Compensation Act, 1923 and any amendments thereof and the expenses to which it shall be put thereunder, both
in respect of personal injuries (within the meaning of the said Act) to the employees and servants of the Contractor
or Sub-Contractors, (if any), arising out of, or occasioned during the currency of this agreement through the acts
or omissions, whether due to negligence or not of the Contractor, Sub-Contractor and/or Company and/or their
respective servants and employees and also in respect of the personal injuries (within the meaning of the said
Act) to the servants and employees of the Company arising out of, or occasioned through the acts and omissions
whether due to negligence or not of the Contractor, Sub-Contractor and or their servants and employees in
carrying out any of the provisions of this Agreement. This indemnity shall be in addition to and not in lieu of any
indemnity to which the Company shall be entitled in law. The Contractor shall at his own expense effect and

39
 maintain, until the completion of the work, with an approved office a Policy of Insurance in the joint names of
the Company and the Contractor, against such risks and deposit such Policy or policies with the Company from
time to time during the currency of this Agreement. The Contractor shall be responsible for anything not included
in the Insurance Policies above referred to and also for all other damage to person or property arising out of or
incidental to the negligent or defective carrying out of this agreement and shall keep the Company harmless and
indemnified. He shall also indemnify the Company in respect of any costs, charges or expenses arising out of any
claim or proceedings and also in respect of any award of compensation or damages arising therefrom. The
Company shall be entitled to deduct the amount of any damages compensation costs, charges and expenses
arising or accruing from or in respect of any such claim or damages from any sum or sums due or thereafter
becoming due to the Contractor.

18. Safety Regulation: The Contractor shall ensure that he/his Sub-Contractor and his, or their personnel or
representatives shall comply with all safety regulations issued from time to time by the Company or otherwise
howsoever and should any injury resulting in death or not or damage to any property occur as result of failure to
comply with such regulations the Contractor shall be held responsible for the consequences thereof, shall keep
the Company harmless and indemnified.

19. 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 time

(c) The Seat of arbitration shall be at (Region/HQ from where the tender has been floated)

(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.
In the event of any dispute or difference relating to the interpretation and application of the provisions of
commercial contract(s) between the Central Public Sector Enterprises (CPSEs)/Port Trusts inter se and also
between CPSEs and Government Departments/Organizations (excluding disputes concerning Railways, Income
Tax, Customs & Excise Departments*), such dispute or difference shall be taken up by either party for its
resolution through AMRCD as mentioned in DPE OM no.4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018.
(* The exclusion would also include disputes concerning GST, State level Sales Tax / VAT etc; though not
mentioned explicitly)

20. Jurisdiction:

The contractor shall be governed by the Laws in force in INDIA. The contractor hereby submits to the jurisdiction
of the Courts situated at Mumbai/(Ernakulam-in the case of Kochi Refinery), for the purpose of actions and
proceedings arising out of the contract and the courts at Mumbai/(Ernakulam-in the case of Kochi Refinery), only
will have jurisdiction to hear and decide such actions and proceedings.

21 Minimum Wages:

The Contractor, his executors and administrators (and in the case of a Limited Company, its successors and
assigns) shall hold the Company harmless and indemnified from and against all claims, costs and charges, for
which the Company shall be liable under the Minimum Wages Act, 1948, the Contract Labour (Regulation and
Abolition) Act, 1970 and any amendments or modifications thereof, and all expenses it shall be put thereunder
through the acts or omissions whether willful or not on the part of the Contractor. This indemnity shall be in
addition to and not in lieu of, any indemnity to which the Company shall be entitled in law.

22. Employees State Insurance: This Contractor hereby admits that he is fully aware of his responsibilities under
the Employees State Insurance Act, 1948, as an immediate employer of the employees engaged by him for the
execution of this contract which he agrees to discharge. The Contractor acknowledge the statutory right of the
company (as a Principle Employer) to recover the amount of the contributions, paid by it in the first instance in

40
 respect of the employees employed by or through him (the Contractor), as well as the employee’s contribution,
if any, either by deduction from any amount payable to him by the Company under any contract or as debt
payable by him to the Company.

In witness where of the said contracting parties have set their hands.

Witness
For Bharat Petroleum Corporation Ltd. For Bharat Petroleum Corporation Ltd.

Witness
Contractor’s witness - Signature Contractor’s Signature
Name & Address:- Name & Address:-

41
 PROFORMA OF BANK GUARANTEE

(On non-judicial paper of appropriate value)

FOR EARNEST MONEY / SECURITY DEPOSIT TOWARDS PERFORMANCE

To
Bharat Petroleum Corporation Ltd.

Dear Sirs,

M/s. have taken tender for the work CRFQ No/PO

No

for Bharat Petroleum Corporation Ltd.

The tender Conditions of Contract provide that the Contractor shall pay a sum of Rs.
(Rupees ) as earnest money/security deposit in the form therein mentioned. The form
of payment of earnest money/security deposit includes guarantee executed by Scheduled Bank, undertaking full responsibility to indemnify
Bharat Petroleum Corporation Ltd. in case of default.

The said have approached us and at their request and in consideration of the premises
we having our office at have agreed to
give such guarantee as hereinafter mentioned.

1. We hereby undertake and agree with you that

if default shall be made by M/s. in performing any of the terms and
conditions of the tender or in payment of any money payable to Bharat Petroleum Corporation Ltd. We shall on demand pay to
you in such matter as to you may direct the said amount of Rupees only or such portion
thereof not exceeding the said sum as you may from time to time require.

2. You will have the full liberty without reference to us and without effecting this guarantee postpones for any time or from time to
time the exercise of any of the powers and rights conferred on you under the contract with the said and to
enforce or to for bear from endorsing any power of rights or by reason of time being given to the said which under law relating
to the sureties would but for provision have the effect of releasing us.

3. Your right to recover the said sum of Rs. (Rupees ) from us

in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the
said M/s. and/or that any dispute or disputes are pending before any officer,
tribunal or court.

4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up, dissolution or change of
constitution or insolvency of the said but shall in all respects and for all purposes be
binding operative units payment of all money due to you in respect of such liabilities is paid.

5. Our liability under this guarantee is restricted to Rupees Our guarantees shall remain
in force until unless a suit or action to enforce a claim
under Guarantee is filed against us within six months from
(which is date of expiry of guarantee) all our rights under the said guarantee shall be
forfeited and shall be relieved and discharged from all liabilities thereunder.

6. We have power to issue this guarantee in your favour under Memorandum and Articles of Association and the undersigned has
full power to do under the Power of Attorney dated granted to him by the Bank.

Yours faithfully

Bank by its Constituted Attorney Signature of a person duly authorized to sign on behalf of the
bank.

42
 TAX RESIDENCY CERTIFICATE

TRC obtained by the Non-resident from Government of foreign country shall contain the following particulars:

[Link] of the assessee

ii. Status (individual, company, firm, etc.) of the assessee
iii. Nationality (in case of individual)
iv. Country or specified territory of incorporation or registration (in case of others)
v. Assessee’s tax identification number in the country or specified territory of residence or in case of no such number, then, a
unique number on the basis of which the person is identified by the Government of the country or the specified territory
vi. Residential status for the purpose of Tax
vii. Period for which the certificate is applicable
viii. Address of the applicant for the period for which the certificate is applicable

43
 FORM NO. 10 F

[See sub-rule (1) of rule 21AB of the Income-tax Act, 1961]

Information to be provided under sub-section (5) of section 90 or sub-section (5) of section 90A of the Income-tax Act,
1961

1. I *son/daughter of Shri in the capacity of _(designation)do provide the

following information, relevant to the previous year ,*in my case/in the case of for the purposes of sub-section
(5) of *section 90/section 90A:-

Sl. No. Nature of information Details #

(i) Status (individual, company, firm etc.) of the assessee :
(ii) Permanent Account Number (PAN) of the assessee if allotted : :
(iii) Nationality (in the case of an individual) :
or
Country or specified territory of incorporation or registration (in the case
of others)

(iv) Assessee’s tax identification number in the country or specified territory :

of residence and if there is no such number, then, a unique number on
the basis of which the person is identified by the Government of the
country or the specified territory of which the assessee claims to be a
resident
(v) Period for which the residential status as mentioned in the certificate :
referred to in sub-section (4) of section 90 or sub-section (4 )of section
90A is applicable

(vi) Address of the assessee in the country or territory outside India during :
the period for which the certificate, mentioned in (v) above, is applicable

2. I have obtained a certificate referred to in sub-section (4) of section 90 or sub-section (4) of section 90A from the Government of
(name of country or specified territory outside India).
Signature:
Name:
Address:_
Permanent Account Number :

Verification
I _do hereby declare that to the best of my knowledge and belief what is stated above is correct, complete and is
truly stated.

Verified today the day of

Signature of the person providing the information

Place:

Notes:
1. * Delete whichever is not applicable.
2. #Write N.A. if the relevant information forms part of the certificate referred to in sub-section (4) of section 90 or sub-section (4) of
section 90A.”.

44
 BHARAT PETROLEUM CORPORATION LTD

ACKNOWLEDGEMENT

We, M/s. having office at received

the copy of GENERAL CONDITIONS OF CONTRACT and confirm our acceptance to all the terms and conditions as mentioned herein
in this General Conditions of Contract and we are hereby returning this copy of Acknowledgement duly signed.

For & on behalf of M/s.

Signature :
Name :

Designation :
( Seal / Stamp )

Place :

Date :

45
MODIFIED CLAUSE

Vendors shall insist their Bank for issuance of SFMS Bank Guarantee for faster payments.
Vendors shall provide BPCL's Bank Account No. & IFSC Code (Details given below) to their Bank
as beneficiary at the time of application for Bank Guarantee in favor of BPCL. Issuing Bank shall
issue the Bank Guarantee & send SFMS message to BPCL's Bank confirming the authenticity of Bank
Guarantee who in turn shall send the confirmation to BPCL. Vendor should
ensure the following for issue of E- bank guarantee:

a. The issuing bank is on SFMS platform

b. SFMS Message type used is 760 COV and SFMS Delivery report/ Message copy is sent along with
original BG

c. For BG amendment, message type 767COV is to be used.

d. SFMS contains following details:

i) Beneficiary’s bank name: ICICI Bank

ii) IFSC Code : ICIC0000393

iii) BPCL’ s Customer ID : BPCL583493800

e. BG issuing Bank Should Send the BG Issuance advice through advice through SFMS to BPCL’s
designated Banker: ICICI Bank, Backbay Branch, Mumbai (IFSC : ICIC0000393)

f. BG Issuance advice Should mention applicable Unique Identifier code (UIC) in row/ field number 7037
of SFMS delivery Report.

a. BPCL Location : Kharghar, Navi Mumbai

b. Head Office : Ballard Estate

c. UIC : BPCL583493800

g. The Original BG should be Submitted along with print out of SFMS Delivery Report from the BG Issuing
Bank Branch.

h. SFMS BG will help in faster verification of BGs and prompt release of payments to vendors.
V
 BAN ON USE OF HYDRA CRANE IN BPCL WORK SITES

Usage of Hydra Cranes Even for Shifting Materials, Equipment, Cable Drums, Pipelines, Towing of
Vehicles etc. from one location to the other is banned due to safety reasons.

Some of the models but not limited to having the above mentioned features are mentioned as below for
reference which can be permitted to be used in BPCL work sites:
SOCIAL MEDIA POLICY FOR BUSINESS PARTNERS
DECLARATION
 Tender no.

Tender name :

To, ANNEUXRE III

FORMAT OF ACKNOWLEDGEMENT
[insert details to whom such acknowledgement may be addressed]

[in the case of an individual or sole proprietorship] I am

, an inhabitant of and carrying on
business of
OR

We are [insert names of all partners of firm] carrying on business at

in partnership
under the firm name and style of M/s.

OR

[insert name of Limited Company or a Co-operative Society / Trust Co-operative]

incorporated under the laws of India and having its Registered Office at

I / We have entered into a [insert name of agreement] dated [insert date]

Agreement insert purpose], with Bharat Petroleum Corporation Limited
BPCL

In furtherance thereof, we have been provided with a copy of the Terms and
Conditions for Acceptable Use of Social Media by Business Partners, issued by
the Corporation.

Use of Social Media by Business Partners and agree to abide by it.

I / We understand that any violation of the above conditions may result in

disciplinary action, or termination or revocation of the Agreement.

In acknowledgement thereof, please see below our acceptance of the Terms and
Conditions for Acceptable Use of Social Media by Business Partners, issued by
the Corporation, duly signed and acknowledged by [insert name], in the capacity
of our authorised representative.

A copy of such authorisation is also attached for your record.

(Signature & seal)

Name:
Designation: Date:
UNDERTAKING WITH RESPECT TO HOLIDAY LISTING AND LIQUIDATION STATUS
(On company letter head)

Tender CRFQ no-

Tender Title-

We, M/s. hereby declare the following:

1. We are not currently serving any Holiday Listing orders issued by BPCL or
MOPNG debarring us from carrying any business dealings with the
BPCL/MOPNG or convicted of an offence-

(a) Under the Prevention of corruption Act, 1988:or

(b) The Indian penal code or any other law for the time being in force, for
causing any loss of life or property or causing a threat to public health as part
of execution of a public procurement contract.

2. We are not under Liquidation, Court Receivership or similar proceedings.

Place: [Signature of Authorized Signatory of Bidder having Power of Attorney]

Date: Name:
Designation:
Seal:
 Annexure-D

UNDERTAKING BY BIDDER TOWARDS MANDATORY MINIMUM LC

(IN CASE SEEKING BENEFIT OF PPP-MAKE IN INDIA)

To,

M/s BHARAT PETROLEUM CORPORATION LIMITED

SUBJECT:
TENDER NO:

Dear Sir

We, M/s (Name of Bidder) have submitted bid against aforesaid

tender.

We have read and understood the Purchase Preference to Make In India

Order/policy attached with the tender document. Accordingly, we hereby
confirm that our local content percentage for the tendered item is
……………………%. The certificate from Statutory Auditor or Cost Auditor of the
Company (in the case of companies) or from a Practising Cost Acountant or
Practicing Chartered Accountant (in respect of suppliers other than company)in
this regard has been submittedin technical bid. (Applicable in case of tenders for
value greater than Rs. 10 Crs.)

We further confirm that in case we fail to meet the minimum local content, BPCL will
take action as per provision of tender document/ PPP-MII Order/Policy..

Place:

Date:
[Signature of Authorized Signatory of Bidder
having power of attorney]

Name:

Designation:

Seal:
 Annexure-E

CERTIFICATE BY CHARTERED ACCOUNTANT OF BIDDER TOWARDS

MANDATORY MINIMUM LC
(IN CASE BIDDER SEEKING BENEFIT OF PPP-MAKE IN INDIA)

To,

M/s BHARAT PETROLEUM CORPORATION LIMITED

SUBJECT:
TENDER NO:

Dear Sir

We,… ......................................................... (Name of the issuing CA Firm) have

verified relevant records of M/s ...................................................................... (Name of

the bidder) and certify that the local content percentage for the tendered item

mentioned by M/s. ……………………………………(Name of the bidder) is

……………………%.

Name of CA Firm:

Date:
[Signature of Authorized Signatory]
Name:
Designation:
Seal:
Membership no.
UDIN no.
Annexure-F
CERTIFICATE BY STATUTORY AUDITORS OF BIDDER
TOWARDS MANDATORY MINIMUM LC
(IN CASE BIDDER SEEKING BENEFIT OF PPP-MAKE IN INDIA)

To,

M/s BHARAT PETROLEUM CORPORATION LIMITED

SUB:
TENDER NO:

Dear Sir

We,… ......................................................... (Name of the Statutory Auditor) have

verified relevant records of M/s ...................................................................... (Name of

the bidder) and certify that the local content percentage for the tendered item

mentioned by M/s. ……………………………………(Name of the bidder) is

……………………%.

Name of Audit Firm:

Date:
[Signature of Authorized Signatory]
Name:
Designation:
Seal:
Membership no.
UDIN no.
 PROFORMA OF BANK GUARANTEE

(On non-judicial paper of appropriate value)

FOR EARNEST MONEY / SECURITY DEPOSIT TOWARDS PERFORMANCE

To
Bharat Petroleum Corporation Ltd.

Dear Sirs,

M/s. have taken tender for the work CRFQ No (in

case of Earnest Money Deposit)/PO No

(In case of Security Deposit) for Bharat Petroleum Corporation Ltd.

The tender Conditions of Contract provide that the Contractor shall pay a sum of Rs.
(Rupees ) as earnest money/security deposit in the form therein mentioned. The form
of payment of earnest money/security deposit includes guarantee executed by Scheduled Bank, undertaking full responsibility to indemnify
Bharat Petroleum Corporation Ltd. in case of default.

The said have approached us and at their request and in consideration of the premises
we having our office at have agreed to
give such guarantee as hereinafter mentioned.

1. We hereby undertake and agree with you that

if default shall be made by M/s. in performing any of the terms and
conditions of the tender or in payment of any money payable to Bharat Petroleum Corporation Ltd. We shall on demand pay to
you in such matter as to you may direct the said amount of Rupees only or such portion
thereof not exceeding the said sum as you may from time to time require.

2. You will have the full liberty without reference to us and without effecting this guarantee postpones for any time or from time to
time the exercise of any of the powers and rights conferred on you under the contract with the said and to
enforce or to for bear from endorsing any power of rights or by reason of time being given to the said which under law relating
to the sureties would but for provision have the effect of releasing us.

3. Your right to recover the said sum of Rs. (Rupees ) from us

in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the
said M/s. and/or that any dispute or disputes are pending before any officer,
tribunal or court.

4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up, dissolution or change of
constitution or insolvency of the said but shall in all respects and for all purposes be
binding operative units payment of all money due to you in respect of such liabilities is paid.

5. Our liability under this guarantee is restricted to Rupees Our guarantees shall remain
in force until unless a suit or action to enforce a claim
under Guarantee is filed against us within six months from
(which is date of expiry of guarantee) all our rights under the said guarantee shall be
forfeited and shall be relieved and discharged from all liabilities thereunder.

6. We have power to issue this guarantee in your favour under Memorandum and Articles of Association and the undersigned has
full power to do under the Power of Attorney dated granted to him by the Bank.

Yours faithfully

Bank by its Constituted Attorney Signature of a person duly authorized to sign on behalf of the
bank.

42
 BHARAT PETROLEUM CORPORATION LIMITED
SOCIAL MEDIA POLICY FOR BUSINESS PARTNERS

CONFIDENTIAL 1
 Contents

1. OBJECTIVE......................................................................................................................3
1.1. Social Media .............................................................................................................3
1.2. Scope and Applicability ........................................................................................4
1.3. Relevant Documents .............................................................................................4
2. CONTENT GUIDELINES ...............................................................................................4
3. ACCEPTABLE USAGE OF SOCIAL MEDIA.............................................................7
4. ENFORCEABILITY AND COMPLIANCE ................................................................ 10
ANNEXURE I ........................................................................................................................ 11
ANNEXURE II ....................................................................................................................... 12
ANNEXURE III...................................................................................................................... 13

CONFIDENTIAL 2
 TERMS AND CONDITIONS FOR ACCEPTABLE USE OF SOCIAL MEDIA BY
BUSINESS PARTNERS

1. OBJECTIVE

Social media has become part of everyday life and a means of communication and
sharing information with others. Every organization recognises the benefits that
social media tools can provide, and also reckons the challenges it brings.

These terms and con Social Media T&Cs

on acceptable standards of conduct and practices to be followed by the Business
Partners (as defined below) of Bharat Petroleum Corporation Limited
Corporation ools during and post their
association with the Corporation. These terms and conditions are intended to
protect and safeguard inter alia the interests and reputation of the Corporation, in
the access, use of or participation on Social Media (as defined below) platforms by
such constituents.

It is important to maintain the highest degree of professional standard that is

constantly be aware of the risk of damaging the Corporatio

in public forums. These terms and conditions should be adhered to by each
constituent at all times and should be read harmoniously and in conjunction with
the terms of their engagement with the Corporation, as well as other applicable
policies and directions issued by Corporation, from time to time, including the
Relevant Documents (as defined below).

1.1. Social Media

Social Media includes any web or mobile based platform that enables an individual
or agency to communicate interactively and enables exchange of user generated
Social Media -based technologies and
practices that people use to share opinions, insights, experiences and
hnology
infrastructure and open for use only by the Constituents) or public (widely available
to the population of internet users).

These terms and conditions are applicable equally to a wide range of websites and
mobile phone / tablet applications, including the following:

(a) Social Networking sites, for example - Facebook, Twitter, and LinkedIn.
(b) Media Sharing sites, for example - Instagram, Snapchat, YouTube
(c) Discussion forums, for example - Reddit, Quora, Digg, Glassdoor
(d) Content Curation network, for example - Pinterest, Flipboard

CONFIDENTIAL 3
 (e) Blogging and Publishing sites, for example - WordPress, Tumblr, Medium
including blogs
(f) Interest-based network, for example - Goodreads, Houzz
(g) Information sharing sites, such as Wikipedia
(h) Opinion sites (e.g. Yahoo! Answers)
(i) Any other social media platform/s

1.2. Scope and Applicability

These Social Media T&Cs are applicable to all Business Partners (as defined
below Constituents

The Social Media T&Cs provides a framework for the usage of Social Media by the
Constituents and non-conformance with these Social Media T&Cs or any other
applicable policy or directions issued by the Corporation as may be relevant to the
Constituents, may result in penalties ranging from financial to legal liabilities, as
set out under the respective contractual understanding between each Business
Partner and the Corporation.

1.3. Relevant Documents

These Social Media T&Cs have been formulated in line with the Framework &
Guidelines for Use of Social Media for Government Organizations, issued by the
Department of Electronics and Information Technology, Ministry of
Communications & Information Technology, Government of India.

In addition, these Social Media T&Cs must be read in conjunction with the
underlying contract documents including the following documents (collectively, the
Relevant Documents

(a) General Conditions of Contract for vendors (relevant clauses are placed at
Annexure I);

(b) Transportation Contract Agreement Bulk LPG Transportation Contract By

Road (relevant clauses are placed at Annexure II);

(c) PCVO, Retail and Lubes Transport guidelines.

2. CONTENT GUIDELINES

This section seeks to set out the guidelines for content management as well as
administration rights of all official Business Partner Social Media accounts and
ensure accountability of the authorised representatives of such Business Partner.

Content Guidelines
followed, in relation to all content created, posted or shared on Social Media:

CONFIDENTIAL 4
 (a) All post and other content shared via Social Media shall abide by applicable
laws, including the Information Technology Act, 2000 and rules made
thereunder, as amended.

(b) The content posted or shared though official Social Media accounts, shall

communication strategy, whether in the form of text, images, gifs, videos,

etc.

(c) The Constituents shall be mindful of content and the tone associated with
it. A negative tonality, sarcasm, dry humour, pun, memes, etc. should be
avoided to steer clear from any controversy.

(d) The Constituents shall be careful and ensure that any content posted or
shared through the official Social Media accounts does not bring disrepute
to the Corporation. Opinion or comments on political observations, religious
beliefs, gender biases, etc. must be avoided while operating official Social
Media accounts. In the use of official Social Media accounts, the
Constituents shall refrain from forwarding or sharing any videos or images
or messages, which are considered inappropriate or any content that is
considered offensive, obscene or derogatory in nature.

(e) The Constituents shall be cognizant of concerns regarding confidentiality

and disclosure requirements, and must at all times, adhere to the Relevant
Documents as well as these terms and conditions, to understand what shall
be disclosed on a public platform. For instance any communication marked

not be shared on Social Media. The Constituents are absolutely prohibited

from disclosing commercially sensitive, anticompetitive, private or
confidential information. If unsure whether the information that is proposed
to be shared falls within one of these categories, authorised representatives
of the Constituent may discuss with the concerned official as designated by
the Corporation.

(f) The Constituents shall ensure that any references to the Corporation or its
employees, or other customers, partners and vendors do not contravene
any non-disclosure agreements. The Constituents shall avoid disclosure of
any information pertaining to any employee / vendor / customer or individual
associated with the Corporation, without their prior consent.

(g) The Constituents shall be vigilant about tagging, mentions and

conversations around the Corporation. If it notices any customer complaint,
dealer/ distributor/ vendor grievances, media story etc., the same may be
flagged to the official channels of the Corporation and will be responded to
by authorized personnel within the Corporation.

(h) In the operation of official Social Media accounts, the Constituents shall be
cognizant of maintaining professional etiquette for all interactions and shall
not initiate or engage in discussions which may be characterised as
showcasing a personal opinion such as political or religious beliefs. In

CONFIDENTIAL 5
 addition, official Social Media accounts should not share any content or
comment that may be viewed as colouring the relations between the
Corporation and the Government of India or any Ministry / Department of
the Central or State Governments.

(i) The Constituents, particularly in the use of official Social Media accounts,
shall only post original content, which is free of any copyright infringement
or plagiarism. To ensure the reputation and principles of the Corporation
are safeguarded, all Constituents must avoid posting content that violates
the law, infringes the intellectual property rights of the Corporation and its
group companies or of any individual or organization. Any inadvertent
posts, which violates these principles, must be removed / deleted
immediately upon becoming aware of the implications as set out in these
guidelines.

As responsible business partners of the Corporation, the following points

must be strictly observed and followed by the Constituents:

(i) Text, photos, images, musical work in any form, video clips, movie
clips, or any other content for which the Constituent does not own
copyright, must not be used in any form, and in particular for official
purposes to promote any activities related to the Corporation, without
obtaining consent from the copyright owner. If the copyright owner
for such work cannot be identified or if the consent for use of such
work is not provided by the copyright owner, the work must not be
used by the Constituent.

(ii) Captu
facilities, and other establishments (within or outside) or customer
sites is strictly prohibited. Any such illegal images and/or videos of
nd factories or
other sites and whether directly emailing or otherwise circulating
such content via Social Media posts on the Internet, shall attract legal
consequences. Official visual materials may be availed from the
Corporation and can be requested through email, to the relevant
State / Territory team.

(iii) Creation, sharing and/or distribution of videos which make use of

unlicensed music is strictly prohibited.

(iv) Unauthorized videos of any events hosted by the Corporation,

whether within or outside the Cor
captured by Constituents shall not be shared/distributed on Social
Media.

(v)
copyright and intellectual property within and outside the
organization.

CONFIDENTIAL 6
 (j) The authorised personnel operating official Social Media accounts of
respective Business Partner shall not post unverified news, or news from

(k) The admins operating official Social Media accounts shall clearly state the
source and give due disclaimers while quoting any third-party content
through such Social Media accounts.

(l) Additionally, content on official Business Partner Social Media Accounts

shall be limited to the coverage of activities related to the business only.
However, these accounts can re-
official Social Media accounts, subject to the veracity of such accounts.

3. ACCEPTABLE USAGE OF SOCIAL MEDIA BY BUSINESS PARTNERS

The following guidelines are applicable to vendors, suppliers and other contractors
Business Partners
and do not to replace the terms and conditions or any other agreement or
guidelines (including the applicable provisions set out under Annexure I or II of
these Social Media T&Cs), which are currently in place to regulate the conduct of
such Business Partners:

(a) Business Partners have the discretion to decide whether their Social Media
accounts will be used for personal or professional purposes. However, in any
event, whether such Social Media accounts are used for official purposes or
personal purposes, to the extent that they declare their affiliation with the
Corporation in any way, it is deemed that they will abide by these terms and
conditions read with the applicable contractual provisions and the
Framework & Guidelines for Use of Social Media for Government
Organizations, issued by the Department of Electronics and Information
Technology, Ministry of Communications & Information Technology,
Government of India.

(b) Only official Business Partners accounts are eligible to declare their
association with the Corporation or using any content owned by or belonging
to the Corporation, including logo, product specifications, product pictures,
product catalogues, etc. Such accounts may only post content that are
official in nature and reasonably expected to promote the activities specific
to its business. Such official Business Partner Social Media account shall be
akin to a professional page to promote business interactions and shall not
post any content which may showcase the account as expressing opinion on
ancillary matters which are not in furtherance of the objective set out under
the Relevant Documents, such as posts related to entertainment industry, or
political views etc.
such as logo, product pictures etc. is only limited to use by official Social
Media accounts of such Business Partner, and will not, at any time, be used
by any authorised or other personnel of such Business Partner, in the
operation of a personal Social Media account.

CONFIDENTIAL 7
 (c)
account is prohibited from posting / circulating any official communication /
document or disclosing any business-related or other confidential
information, pertaining to the Corporation, in accordance with the Relevant
Documents.

(d) Each Business Partner Social Media account, particularly those accounts
which have been permitted to acknowledge their association with the
Corporation, has an obligation to exercise caution in the posting or sharing
of content on Social Media, and shall undertake adequate diligence prior to
posting any content. In particular, such accounts shall be fully cognizant of
shall refrain from posting
or sharing unlawful, controversial or unverified news, or news from dubious
the Central / State
Governments.

(e) The Business Partner Social Media account which are maintained for official
purposes, shall refrain from engaging in unlawful or inappropriate posts or
sharing any content that may be defamatory or may have the effect of

account should also not post or share content using derogatory language or
is likely to demean sentiments of anyone with whom they engage in any
public communication using Social Media.

(f) Business Partners using Social Media for official purposes and especially
those accounts that have been approved by the Corporation, shall maintain
professional and proper etiquette in online interaction via Social Media and
shall not engage in inappropriate behaviour. Such inappropriate behaviour
includes but may not be limited to posting, sharing or endorsing in any form,
any content which may be considered as:

(i) Divisive, unethical or unlawful at the workplace;

(ii) False, or derogatory, or amounting to bullying, trolling, intimidating, or

harassing including using offensive, defamatory, threatening,
discriminating, obscene or insulting language;

(iii) A misrepresentation of the Corporation, such as creating any unofficial

groups or networks (whether intentional or unintentional) using the

(iv) Compromising the confidentiality (of the Constituents and/or the

(v) Disclosing commercially sensitive, anticompetitive, or information which

is marked as restricted for internal circulation within the Corporation;

(vi) Misleading and misrepresentative, such as creating or endorsing any

video channel / account representing the Corporation or any specific
Business Unit, or otherwise posting or sharing any content owned by the

CONFIDENTIAL 8
 Corporation, unless such content has been posted on verifiable official
Social Media accounts of the Corporation;

(vii) Amounting to pornographic material (that is, writing, pictures, films and
video clips of a sexually explicit nature) or content that could be
considered as offensive, obscene or criminal; or

(viii) Creating or likely to create any liability (whether criminal or civil, for the
Corporation).

Where evidence of misuse or inappropriate behaviour is brought to the

notice of the Corporation, the Corporation may undertake a more
detailed investigation in accordance with its procedures, which may
involve the examination and disclosure of records by those nominated
to undertake the investigation and any witnesses involved in the
investigation. If necessary, action may be taken against such Business
Partner under the respective contractual agreement and in case
required, such information may be handed to authorities in connection
with the investigation.

(g) Any violation of these Social Media T&Cs shall be treated as violation of
General Conditions of Contract of the Corporation and may invite action by
the Corporation as deemed fit, based on the sole discretion of the
Corporation.

(h) The Corporation has a zero-tolerance policy for any complaints that may be
brought to its notice via Business Partner Social Media accounts. In the event
the Business Partner or its associates etc. are dissatisfied with the
Corporation, or have any unresolved query or grievance against the
Corporation or any individual who is in the employment or association of the
Corporation, the Business Partner or such person associated with it must
reach out to the designated official and follow the hierarchy established
within the Corporation. All such communication must follow the formal
processes that are available as per contractual agreement with the
Corporation. In the event the Business Partner, whether by itself or its
employee or associate publishes any such information on Social Media or
discloses details of any complaint or dispute with the Corporation on a public
forum through Social Media, it will be in breach of the terms of these T&Cs
and its agreement with the Corporation, and the Corporation will have the
right to pursue such legal remedies as may be appropriate and available
under law.

(i) Upon termination or expiry of the Relevant Document / underlying

contractual agreement between the Corporation and the Business Partner,
the Business Partner shall ensure that all references and posts which
disclose any affiliation with the Corporation has been scrubbed from the
account and a formal written declaration to
this effect must be provided to the Corporation, within 7 days of such
termination or expiry.

CONFIDENTIAL 9
4. ENFORCEABILITY AND COMPLIANCE

4.1. These Social Media T&Cs are construed to be a part of the Relevant Documents
and form an integral part of the contractual understanding between the
Corporation and the Business Partner.

4.2. Any violation of the Social Media T&Cs shall be treated as violation of respective
contractual understanding between the Corporation and the Business Partner,
and may invite appropriate action by the Corporation as deemed fit.

4.3. The Business Partner agrees and understands that all activities of the Business

by the Corporation, if required.

4.4. The Business Partner will provide its written acknowledgement to these Social
Media T&Cs, in the form set out in Annexure III, failing which the Corporation may
take such action as may be necessary to ensure compliance with these terms and
conditions.

4.5. The concerned official of the Corporation shall be responsible for reviewing the
compliance of these Social Media T&Cs as may be required to ensure that it meets
legal requirements and reflects best practice.

CONFIDENTIAL 10
 ANNEXURE I

GENERAL CONDITIONS OF CONTRACT FOR VENDORS

Staff and Their Conducts:

- -
agents, assistants supervisor or other employees shall in the opinion of Engineer-
in-Charge be guilty of any misconduct or be incompetent or insufficiently qualified
or negligent in the performance of their duties or that in the opinion of the owner
or Engineer-in-Charge, it is undesirable for administrative or any other reason for
such person or persons to be employed in the works, the contractor, if so directed
by the Engineer-in- Charge, shall at once remove such person or persons from
employment thereon. Any person or persons so removed from the works shall not
again be employed in connection with the works without the written permission of
the Engineer-in-Charge. Any person so removed from the works shall be
immediately replaced at the expense of the contractor by a qualified and
competent substitute. Should the contractor be requested to repatriate any person
removed from the works he shall do so and shall bear all costs in connection
herewith.

34.3 The contractor shall be responsible for the proper behaviour of all the staff,
supervisor, workmen and others and shall exercise a proper degree of control over
them and in particular, and without prejudice to the said generality, the contractor
shall be bound to prohibit and prevent any employees from trespassing or acting
in any way detrimental or prejudicial to the interest of the community or of the
properties or occupiers of land and properties in the neighbourhood 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.

Clause 44: Liens

44.2 Contractor will not disclose details of the work to any person or persons
except those engaged in its performance, and only to the extent required for the
particular portion of the work being done. Contractor will not give any items
concerning details of the work to the press or a news disseminating agency without
prior written approval from Engineer-in-Charge. Contractor shall not take any
pictures on site without written approval of Engineer-in-Charge.

CONFIDENTIAL 11
 ANNEXURE II

TRANSPORTATION CONTRACT AGREEMENT FOR BULK LPG

TRANSPORTATION CONTRACT BY ROAD

Clause 28:

(a) The Transporter shall remain at all times liable to the Corporation for any loss
or damage caused to any building, plant machinery or the property of the
Corporation due to careless, negligent, inexperienced act or default of the
Transporter, their agents, representative or employees. The Corporation shall be
entitled to deduct from the amounts payable to the Transporter under this
Agreement or otherwise the loss or damages so suffered.

(b) The Transporter will be l

employee due to careless, negligent, wrongful act or default of the Transporter,
his/their representatives or employees in carrying out the job under this contract.

Clause 38:

All terms & conditions stipulated in the Guidelines for Bidders, Tender Terms &
Conditions, Declarations, Agreement, Industry Bulk LPG Transport Discipline
Guidelines and other documents furnished with the Tender and related
correspondence shall form part of the contract. The Corporations are entitled to
frame and implement the Policy(ies) applicable to Transporters, and to modify and
amend the same from time to time, and that the Policy(ies) as framed, amended
and modified would be binding on the Transporters, immediately upon being
communicated to them.

Clauses from Transportation Agreement of Retail and MAK Lubricants

CONFIDENTIAL 12
 ANNEUXRE III
FORMAT OF ACKNOWLEDGEMENT
To,
[insert details to whom such acknowledgement may be addressed]

[in the case of an individual or sole proprietorship] I am

, an inhabitant of _ and carrying on
business of
OR

We are [insert names of all partners of firm] carrying on business at

in partnership
under the firm name and style of M/s.
_

OR

[insert name of Limited Company or a Co-operative Society / Trust Co-operative]

incorporated under the laws of India and having its Registered Office at

I / We have entered into a [insert name of agreement] dated [insert date]

Agreement insert purpose], with Bharat Petroleum Corporation Limited
BPCL

In furtherance thereof, we have been provided with a copy of the Terms and
Conditions for Acceptable Use of Social Media by Business Partners, issued by
the Corporation.

Use of Social Media by Business Partners and agree to abide by it.

I / We understand that any violation of the above conditions may result in

disciplinary action, or termination or revocation of the Agreement.

In acknowledgement thereof, please see below our acceptance of the Terms and
Conditions for Acceptable Use of Social Media by Business Partners, issued by
the Corporation, duly signed and acknowledged by [insert name], in the capacity
of our authorised representative.

A copy of such authorisation is also attached for your record.

(Signature & seal)

Name:
Designation: Date:

CONFIDENTIAL 13