BHARAT PETROLEUM CORPORATION LIMITED NO: URAN/LPG/18-19/06 CRFQ NO. 1000304618 Signature and Stamp...

TENDER NO: URAN/LPG/18-19/06 CRFQ NO. 1000304618

Signature and Stamp of the Tenderer

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BHARAT PETROLEUM CORPORATION LIMITED

TENDER NO.BPCL/LPG/URAN/2018-19/06

TECHNICAL BID

TENDER FOR

REPAIR, MODIFICATION, INSPECTION AND HYDRO-TESTING OF SPHERES AT URAN LPG TERMINAL

Tender Downloading Period

From: 16.04.2018 To: 07.05.2018

(Both days Inclusive)

Bid Submission From: 16.04.2018

To: 07.05.2018

Technical Bid Opening: 07.05.2018 AT 14:01 HRS



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To,

All Participating Tenderers,

Dear Sirs,

Sub: Tender for Repair, Modification, Inspection and Hydro-Testing of Spheres at Uran LPG Terminal

Bharat Petroleum Corporation Limited, Uran LPG Terminal invites digitally signed E-tender in Two-Bid System (Part-A: Technical Bid with commercial terms and Part-B: Price-Bid) from Company, Partnership, Proprietorship firm meeting the minimum Pre-Qualification Criteria for award of contract for Repair, Modification, Inspection And Hydro-Testing Of Spheres at Uran LPG Terminal.

TENDER SCHEDULE

1 Tender No. BPCL/LPG/URAN/2018-19/06

2 Name of Work Repair, Modification, Inspection And Hydro-Testing Of Spheres

3 Location Uran LPG Terminal, Bharat Petroleum Corp. Ltd, Near MSEB Gas Turbine Plant, Navghar Industrial Estate, Tal. Uran, District-Raigad-400702

4 Phone No. 9811463876, 022-27222419, 022-22722767

5 Earnest Money Deposit Rs 10,00,000/-( Rs Ten Lakh Only) or 5% of Tender Value whichever is less

6 Tender Download starts on 16.04.2018 (1730 Hrs)

7 Tender Download ends on 07.05.2018 (14:00 Hrs)

8 Due Date and Time for submission

07.05.2018 (14:00 Hrs)

9 Pre-Bid Meeting Date and time

28.4.2018 (11:00 Hrs) at Uran LPG Terminal

10 Contact Person Vinay Wadhwa, Sr. Manager, Uran LPG Terminal

11 Period of Contract 240 Days

12 Validity of quoted rates 120 days from the date of closing of tender unless extended by mutual consent in writing

NSIC/MSME registered parties are exempt from payment of EMD. (The proof for above must be submitted)



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INDEX

Description Page Nos

i) Scope of Work 5-13

ii) General Terms & Conditions 13-20

iii) Special Terms & Conditions 21-25

iv) Schedule of Rates 26-27

v) Performa for Solvency Certificate from Bank 28

vi) Indemnity bond 29-30

vii) Particulars of Firm’s Constitution 31-33

viii) Declaration by Tenderer 34

ix) Performa for Bank Guarantee 35-37

x) Performa for Integrity Pact 38-42

xi) Vendor Registration Form 43-45



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To, 16.4.18 Terminal Manager, Uran LPG Terminal, Distt. Raigad, Maharashtra

SUB: TENDER NO BPCL/LPG/URAN/2018-19/06 With reference to your subject tender, we confirm having carefully read, studied and understood various conditions/documents supplied with the tender and uploaded them duly signed and stamped as having accepted in Toto. We also confirm uploading of our quotation duly digitally signed in Price Bid as per your format along with the following documents:

CREDENTIAL BID:

1 Photocopy of proof of Payment of EMD Yes / No

2 Copy of NSIC/MSME/Udyog Aadhaar Yes / No

3 Scope of Work Yes / No

4 General Terms & Conditions Yes / No

5 Special Terms & Conditions Yes / No

6 Solvency Certificate from Bank as per annexure-v Yes / No

7 Competency Certificate from PESO Yes / No

8 Indemnity bond/ Undertaking as per annexure-vii Yes / No

9 Particulars of Firm’s Constitution as per annexure-viii Yes / No

10 Details of experience in trade Yes / No

11 Photocopy of PF registration Yes / No

12 Photocopy of ESI registration Yes / No

13 Proof of having done job of similar nature as specified in Clause 51 of Special Terms & Condition

Yes / No

14 Proof of having minimum yearly turnover as specified in Clause 51

Yes / No

15 Balance sheet for 2014-15,2015-16 & 2016-17 Yes / No

16 Photocopy of income tax certificate for 2014-15,2015-16 & 2016-17 Yes / No

17 Duly Filled Vendor Registration Form as per annexure-xii Yes / No

18 NEFT Mandate Form duly endorsed by Bankers Yes / No

19 Copy of PAN Card Yes / No

20 Cancelled Cheque Yes / No

21 GST Registration Certificate Yes / No

22 Signed Integrity Pact in the required format Yes / No

23 Deviation Sheet ( Nil Deviation sheet to be uploaded in case no deviations) Yes / No

PRICE BID:

24 Duly filled schedule of rates (Online bid only) Yes / No



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I - SCOPE OF WORK BPCL Uran LPG Terminal is involved in Receipt, Storage and distribution of LPG. For LPG storage, it has storage vessels in the form of Horton Spheres, Mounded Bullets and Refrigerated Storage Tanks. We have 8 Horton spheres out of which 4 are pre OISD Spheres. In the pre-OISD spheres, the main LPG Liquid Inlet/Outlet line has a Gooseneck design in which the suction point is at certain height from the bottom of the sphere. This results in inefficient suction from the spheres as a given quantity of LPG remains as dead stock and is non-pump-able. This also results in lower suction pressure available at the pumps. Additionally, the Remote Operated Valves (ROV’s) are within a distance of 3m from the shadow of the Spheres which is not in-line with OISD-STD-144. The drain point tapping of the Spheres and Temperature Transmitter is provided before the main liquid line ROV and needs to be shifted after the ROV to comply with OISD-STD-144. So, tender is invited for making necessary modifications, repair, Non-destructive inspections and testing as detailed below: 1. PESO APPROVAL

a. The modification in the design needs to be prepared by a PESO approved fabricator. b. Modification procedure needs to be prepared in advance and approval needs to be taken from PESO

before commencement of work. c. After the complete modification has been done, Third party inspection needs to be performed by an

approved party and commissioning permission is to be obtained from PESO. d. As the bottom of the sphere is within 1 meter from the ground, there may be some civil work

involved. Approval for the same in under the scope of the vendor. It is the responsibility of the vendor to obtain all necessary approvals within appropriate timeframe and complete the work on schedule.

e. Spheres will be released one by one for modification. Only when work on one sphere is complete and it is commissioned, the next sphere will be released for modification.

f. Vendor is suggested to visit the work site prior to participation in the tender so as to understand the scope of work to be carried out and the site conditions.

2. PREPARATION OF ENTRY, PROVISION OF VENTILATION & LIGHTING

a. All the entry points to the vessels (liquid / vapour LPG lines), should be segregated positively by putting blind flanges.

b. Degassing shall be carried out by filling the sphere with water. During this operation if vapour pressure goes more than 4 kg/sq.cm same should be removed using LPG compressor in liaison with officer –in-charge/ process operator. After the degassing is complete in all respect, the water shall be taken back to the fire water reservoir after passing through filter as per instruction of officer in-charge.

c. Provide adequate ventilation and lighting: Fans / Blowers are to be provided to ensure adequate ventilation of the vessel. All electrical fittings such as hand lamps to be used inside the vessel should be of electrical potential of 24 volts or less.



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d. Water and electric power will be provided by BPCL at a suitable point near the vessels. Further arrangement has to be made by the contractor at his own cost. All other tools and tackles including portable diesel run air compressor etc. have to be arranged by the contractor.

e. Oxygen level deficiency test has to be performed and regular oxygen level to be checked and recorded.

3. CLEANING

a. Vessels should be cleaned internally with the help of brooms, brass wire brushes, scrappers, water jet etc. All the muck / deposits removed from the vessels may contain pyrophoric compounds and hence have to be removed and buried at a safe place provided in the green belt.

b. All consumables like scrapper brooms etc. have to be arranged by the contractor. Water at nearby point will be provided / made available by M/s. BPCL.

4. SCAFFOLDING

a. Scaffolding inside as well as outside the vessels should be constructed by using steel tubular pipes grating etc. No flammable materials like wooden plants, bamboos etc. should be used for scaffolding. (Specification for scaffolding should confirm to BIS 1139 and 4047 or equivalent).

b. Minimum of 40 mm dia steel pipes should be used for making this scaffolding. The height between two horizontal members of the pipes should be between 500 and 800 mm to ensure case and safety in climbing up or down by the inspecting personnel.

c. Working platforms or stages are to be made by using Spark proof material aluminum preformed sheets/grating and the same should be secured firmly. These platforms should be provided at a vertical distance of about 1200 mm below each circumferential weld seams/joints to enable visual inspection and carry out NDT. These stages are to be made all around – inside as well as outside the vessel.

d. Platforms are also required to be built for inspection of all nozzles including manholes. Nozzle welds temporary attachments and weld joints below and above the circumferential as well as longitudinal welds. (These weld points may be at about 300mm from circumferential and longitudinal joints).

e. A clear gap of 50 to 70 mm should be maintained between the edge of scaffolding pipes and side wall of the shell.

f. Suitable rigid ladder should be provided for landing on the platform/stage under manhole. g. Scaffolding are to be removed after completion of inspection/NDT work. (Complete work on

scaffolding has to be arranged by the Party/Agency engaged.)

5. MODIFICATION TO SPHERES AS PER OISD’S REQUIREMENT (APPROVED DRAWINGS)

a. Remove all existing ROV’s (Liquid in/out, liquid return and vapour balancing) and existing liquid in/out line (Gooseneck type) to ROV by cutting at joint to Sphere. Suitable mode of metal cutting may be employed by the vendor.

b. Close the opening on the sphere by providing Patch plate of identical material specification of the same thickness.

c. Supply, fabrication, painting and installation of new 14” NB liquid in/out line from bottom of spheres having ROV 3m away from the shadow of the sphere and its design will be in the scope of the vendor. This includes civil work as required for accommodating the Pipeline below the sphere as per standards.



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d. Modification to liquid return and vapour balancing lines so that their ROV’s get shifted to 3m away from the shadow of the sphere (Proposed design includes relocation of vapour lines of sphere No. 2 & 3 up to header and shift ROV’s of sphere No. 1 & 4 at a distance of 3m from the shadow of the sphere – Refer Drawings). If any better proposal is available, it can be considered.

e. Hook up modified LPG liquid and vapour lines with existing header. f. Radiography of all new Butt joints. g. Locally Stress Relieving to new butt weld joints (for liquid/vapour in/out lines up to Header & patch

plate). h. Hydro testing of LPG liquid & Vapour lines (Sphere to Header) of spheres at required test pressure. i. TPI for the modification and Certification of work carried out.

Note:-

i) Material Specification required for the work is as follows: a. Patch Plate : SA 537 CL1/SA 516 GR 70 b. Pipe : SA 333 GR6 c. Elbows/Reducer/Tees etc. : SA 420 WPL6 d. Flanges/Couplings : SA 350 LF2

ii) A period of 30 days, in addition to the time line provided above for modification and Hydro testing of

spheres, will be given for necessary preparation of modification procedure /drawings and approval from TPIA/PESO.

iii) Our representative will be made available at the time of approval of Modification Procedure and to obtain commissioning permission, as per PESO’s Rules.

iv) All new sections and joints to be painted with 2 coats of surface tolerant epoxy primer and 2 coats of Acrylic aliphatic Polyurethane paint of same colour for continuity.

6. SURFACE PREPARATION FOR INPSECTION / NDT

a. Mechanical or power cleaning: Cleaning shall be done by using grinding wheels or rotating steel wire brushes. On completion of cleaning, the detached rust mill scale etc. shall be removed/cleaned with rags or washed with water jet and thereafter surface be dried by using hot air.

b. Blast cleaning: Blast cleaning shall not be done outdoors in bad weather without adequate protection. Surface should be blast cleaned using one of the abrasives i.e. chilled cast iron or malleable iron shot or unit of size not greater than 0.055. Air used in blast cleaning should not have pressure more than 7 kg./sq.cm. After completion of blasting the blasted surface shall be cleaned to show a grey white metallic luster. Surface can be prepared by using either mechanical or blast cleaning.

c. Following areas are to be prepared for carrying out magnetic particle inspection : i. All internal weld joints e.g. circumferential and longitudinal seams, fillet welds of stiffening

rings and nozzles welds. ii. Weld joints of all the nozzles including manholes from outside.

iii. Reinforcement pads of leg supports to shell and leg to reinforcement pads. iv. Weld affected zone i.e. 70mm of parent metal on either side of all weld joints and

enumerated at (a), (b) and (c) above. v. Area / points inside vessel where temporary attachments such as cleats, brackets were

welded on both sides of circumferential and longitudinal seams.



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vi. A few selected area (3000 x 300) on parent metal on the inner surface as decided by Engineer in Charge.

7. SURFACE PREPARATION FOR ULTRASONIC THICKNESS MEASUREMENT

a. 2”x2” square or 2” diameter area shall be cleaned by emery paper or buffing wheels for ultrasonic thickness measurements at the points/areas as enumerated below:

i. At the center and four corners of each petal and crown plates. ii. Four opposite sides of each nozzles including manhole nozzle.

iii. A few more points / areas as may be decided by the Engineer in -Charge. iv. The distance between two points of testing shall not be more than 0.9m.in any direction.

b. All surface preparation work to be executed by the bidder and all tools, tackles and equipment

required for the job are to be arranged by them.

8. INSPECTION / NON-DESTRUCTIVE TESTING

a. VISUAL INSPECTION: Through visual inspection of each vessel (bullet/sphere) from inside as well as outside to be carried out to check / detect surface defects, cracks, pitting, corrosion etc. i.e. general health of the vessel.

b. WET FLUORESCENT MAGNETIC PARTICLE TESTING (WFMPT) is carried out to detect all types of surface/subsurface cracks or other discontinuities by using the following :

i. Articulated AC magnetic yoke. ii. Fluorescent iron powder suspended in water.

iii. Ultraviolet light. c. WFMPT method used should conform to the requirements of ASTME – 709-89/ASTME – 138/BS –

6072 or as per CCOE requirement Reliable equipment of magnaflux or equivalent make should only be used for carrying out the subject job.

d. 100% of the weld joints (circumferential as well as longitudinal beams), nozzle welds, and fillet welds of pads, welding spots/areas of temporary attachments i.e. brackets, clamps, cleat marks including 70 mm of parent metal on either side of the weld should be checked by WFMPT.

e. Fillet welds of leg support reinforcement pads to shell and legs/stub to reinforcement pads to be checked by WFMPT.

f. Nozzles to shell welds including manhole welds including 70 mm of parent mental on either side of the weld should be checked with WFMPT.

g. All equipment, testing kit, consumables, expertise, and inspection under WFMPT are to be carried out by the Party/Agency engaged for this job.

9. ULTRASONIC THICKNESS MEASUREMENT

a. Ultrasonic thickness measurement to be carried out by ultrasonic pulse Eco conduct method conforming to ASTMP – 317 & ASIME – 799-90 or ASIM – A- 430-10-15 or as per CCOE’s requirement.

b. It should cover the following: i. One reading at the centre and at four readings four corners of each petal/shell plate/crown

plate/dished ends to be taken / recorded and points marked on the vessel. Location of thickness shall be scanned and minimum thickness should be recorded.



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ii. Minimum 10% of the total areas should be scanned for vessels, evenly distributed all around the surface.

iii. Four sides of all the nozzles including manholes should be covered for thickness scanning, by-UT (Ultrasonic Testing).

c. All equipment, expertise, tools and tackles for carrying out the work should be arranged by the Party/Agency engaged to carry out this job.

10. LIQUID PENETRANT TEST

a. Dye Penetrant Test of unit nozzle and leg support pad and any other in-accessible areas as per ASIM E-165-00/15 3658 or equipments as per CCOE requirement.

11. ULTRASONIC FLAW DETECTION

a. Ultrasonic flaw detection is to be carried out by using the suitable equipment of kraut-Kramer make or equivalent.

b. All horizontal seams in case of sphere and all circumferential seams in case of bullets (Minimum weld length to be covered in each seam should be 10% distributed evenly or as directed by the inspecting agency) as well as all nozzles to shell weld joints are to be subjected to detection from inside.

c. Vertical seams in case of spheres and longitudinal seams in case of bullets (minimum weld length to be covered in each seam should be 10% distributed evenly or as directed by the inspecting agency) should be tested by flaw detection.

d. The location of this testing must cover ‘T’ joints of vertical and horizontal seams. e. The method of flaw detection should conform to BS-3923, ASTME-114-90, E-1587-82 (88). f. The inspecting agency/NDT agency must give in writing the entire procedure for testing to be

followed and submit detailed report of the observations/readings/recommendations after completion of test.

g. All tools and tackles, expertise equipment’s to be arranged by the party / agency engaged for the job.

12. HARDNESS MEASUREMENT

a. Hardness is to be measured as per the requirement of E-10-89/ISO-6506 or ASTM 110-89 or as per CCOE’s requirement.

b. Following areas should be covered for hardness measurement : i. Weld joints.

ii. Heat affected zone iii. Parent metal

c. Minimum one hardness per petal and 2 hardness per nozzle to be carried out during the NDT. d. All tools and tackles expertises are to be arranged by the party/agency engaged to carry out this job.

13. RADIOGRAPHY

a. Radiography shall be carried out by following three procedures conforming to US-2600 or ASTM-SE-

94, E142-86, E746.E47-90, E1052-85 or as per CCOE’s requirement. b. About 20 shots for spheres each of 12” length as decided by the inspection agencies shall be

subjected to radiography.



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c. Personnel having appropriate certification by competent authority shall only undertake the subject job. All safety rules such as cordoning off the area, display of proper signs and safe handling / transportation of the source equipment’s etc. have to be carried out by the agency engaged.

d. Developed film along with the comments/reports have to be submitted. In case of poor quality of the film, the job has to be repeated/carried out by the Party/Agency without any extra cost.

14. HYDRO TESTING a. Safety relief valves, differential gauges, main level gauge, high and low level alarms and other

mountings have to be removed and openings are to be blanked off with blind flanges of appropriate ratings.

b. Bullets/Spheres: Water has to be filled in the Spheres gradually and settlement of foundation is to be noted/recorded during water filling in stages as stated below:

i. At 25% of the water capacity of the vessels. ii. After every additional 10% of the water capacity.

c. Hydro-testing is to be carried out as per BS-5500 Class-I category with latest amendments. d. Pressure should be raised upto 50% of the test pressure held for 30 minutes and then gradually be

raised in the steps of 10% upto the test pressure. Pressure is to be retained for minimum period of one hour to check the vessel for leakage/sweating/pressure drop, if any.

e. Minimum two pressure gauges should be provided for each vessel, at the top of the Vessel and the other at ground level.

f. After testing, water is to be drained in a controlled manner as advised by the officer in charge/inspecting agency. Mill scale/rust etc, if any is to be arrested by provided rust arrestors and the same is to be buried in a suitable place provided in the green belt of the Plant.

g. Detailed report in the proforma as prescribed under SMPV Rules and duly certified by officer in charge/inspecting agency to be prepared/submitted for each vessel separately.

h. After carrying out the hydro-test, all the fittings/ mountings including safety relief valves, high and low level alarms, pressure gauges, level gauges, differential gauges etc. are to be refitted. Gaskets, bolts etc. if required for refitting will be provided by BPCL.

i. Water required for filling/testing will be made available from the nearby tap off point. Party/Agency engaged has to make arrangements by filling the vessel, disconnecting the pipelines, blind flanges, slip on flanges, pressure gauges, pumps, pipes etc. for raising the pressures and draining the water as directed.

j. All labour/tools/tackles/equipment and expertise required for the above jobs to be arranged by the Party/Agency engaged.

15. SERVICING AND TESTING OF SRVs, VALVES,ROVs AND NRVs a. Nos. of SRV are installed on top of the sphere at relieving pressure of 13.6 and 14.2 kg/cm sq. each.

These SRVs to be serviced and required springs, washers and other consumables parts to be changed. b. Safety relief valves should be thoroughly inspected internally and tested pneumatically by using

nitrogen to a test pressure of 13.6 and 14.2 kg/sq.cm ‘g’ as per provisions made under SMPV Rules. c. The detailed report of servicing along with testing certificate for service to be submitted in line with

CCOE’s guidelines. d. After all the ball valves, plug valves, NRVs and ROVs of a sphere are dismantled, vendor has to check

these valves at its test pressure. If any of the valve is found to be defective or malfunctioning, vendor has to service the valve and make it operational. Please note that all the spares required for servicing of any ball valve, plug valve, NRV or ROV will be in the scope of vendor.



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16. CALIBRATION & CERTIFICATION

a. Spheres to be calibrated by both modes – Dry and Wet Calibration by a certified party b. Certification of calibration to be done as per standard IS:2827-1976

17. GENERAL CONDITIONS / INSTRUCTIONS

a. Entire inspection and testing work shall be witnessed / supervised / certified by competent person / Agency duly approved by CCOE. The name of competent person/ agency must be indicated at the time of submitting the quotation for the subject job.

b. Certification as per Rule 19 of SMPV (Unfired) Rules 1981 should be provided. c. NDT technicians duly qualified by the competent authority at least of level II should be engaged to

carry out the NDT job. d. One copy of the relevant certificate must be submitted to the inspecting authority before starting of

job. e. In order to complete the job expeditiously, adequate number of technicians should be deployed to

undertake the subject job. At times, agency may be requested to carry out the job on round the clock basis, if the situation so demands, no additional / extra charges will be payable in such cases.

f. Daily progress report indicating the quantum / type of work performed shall be submitted to the officer in-charge.

g. After carrying out the above, each day’s data shall be compiled and detailed report indicating ratings on developed sketch of the storage vessel, type of deficiencies, health of equipment should be submitted in the appropriate proforma duly approved by the officer in charge/inspecting agencies.

h. All tools and tackles, relevant standards, sketcher, expertise, personnel etc. shall be arranged by the Party/Agency engaged for this job.

i. The location of test spot must be cleared (hard punched marked on the body of the pressure vessel for identification in future (if needed).

j. All labour/tools/tackles/equipment’s and expertise required for the above jobs to be arranged by the Party/Agency engaged.

18. SAFETY a. While carrying out the job within the premises, contractor shall abide by all the safety norms,

statutory rules, guidelines as provided under Factories Act, Petroleum Act/Rules, SMPV Rules and other statutory in force as to Uran LPG Bottling Plant, Uran, Dist -Raigad.

b. Contractor shall also abide by the instructions as given from time to time by the officer in charge to ensure safety of the personnel and Plant.

c. The contractor should ensure the use of Personal Protective Equipment as mentioned in OISD – 155 all the times while working.

d. The contractor shall obtain work permit approval before starting the job on daily basis from the concerned person.

e. While working at height the contractor will ensure the use of helmets and safety belt. f. The contractor shall provide trained personnel only to carry out the job. g. The contractor shall also ensure to provide at least one supervisor to watch / stop any untoward

incident. h. It is a contractor / their supervisor responsibility to arrange to provide all safety guidelines, training

from the safety officer of the Plant before start the job. i. While carrying out the job within the premises, contractor shall abide by all the safety norms,

statutory rules, and guidelines as provided under Factories Act, Petroleum Act / Rules, SMPV Rules,



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labour laws and other statute in force as that location at the time of execution of the subject job. Contractor shall also abide by the instructions as given from time to time by the inspecting agencies / officer in charge to ensure safety of the personnel and plant.

19. STATUTORY REQUIREMENTS

a. Contractor to maintain Daily Attendance/Master Roll Register to be produced at the end of each month for verification. Contractor to produce original Wage Register, each month, for verification of calculation and payment of Wages at the prescribed rates.

b. Contractor to pay wages at rates not less than the Minimum Wages prescribed by the Govt. under the Minimum Wages Act., State or Court Order, as applicable from time to time. Minimum Wages are revised under the Minimum Wages Act every 6 months. The contractor is required to pay the wages at the revised rates.

c. Contractor to comply with the provisions of the Employee’s Provident Funds and Misc. Provisions Act, Factories Act, Payment of Bonus Act or any other labour legislation that may be applicable to the Company and all amendments to these Acts/Schemes announced by the statutory authority from time to time.

20. SUPPLEMENTARY CONDITIONS

a. All the above jobs must be carried out strictly in accordance with the CCOE guidelines and BS 5500. b. Estimated quantities indicated in the schedule are tentative only and may be changed to suit actual

site condition. c. Above jobs are inclusive of all labour, tools, tackles, equipment etc. to complete the job in all respect. d. The job includes cleaning the vessel from inside as well as surface preparation for various NDT tests,

boxing up of the vessel and clearing of site, all dust and dirt from sphere shall be dumped as directed by the site in-charge.

e. The job includes visual inspection, cleaning, certification, documentation and preparation and submission of the report.

f. Only one Sphere at time would be released for modification & Hydro-testing, the next Sphere will be released for testing only after commissioning of the previous Sphere.

g. The successful tenderer should keep in touch with officer in-charge regarding exact date to take over of each sphere.

h. The successful tenderer should submit the work bar-chart providing each and every activity considering the due date for testing of each sphere and the same should be submitted before start of the work.

i. All nut bolts, Metallic Gaskets, Studs have to be procured by the Contractor in line with the specifications. The Quality and Quantity of Material shall confirm to the standard / Specifications attached with tender document and test certificate from approved third party as directed by BPCL shall be provided.

j. MATERIAL SPECIFICATIONS i. STUDS, NUTS AND WASHERS: ASTM A-193 Gr.B-7 Studs fully threaded, 2 nuts as per SA-194

Gr.2H and 2 washer as per IS:2016-A ii. METALLIC GASKETS: API-601, to suit to raised face flange confirming to ANSI-B-16.5, Winding

SS 304 and CAF, Winding Thickness – 4.5mm, Ring 3.0 mm iii. In case of failure of any of the item, BPCL may get examined all from reputed lab / third party.

The cost of the same will be deducted from the party’s bill.



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k. Material shall be procured and deposited in the Plant store before start of the job, and shall be used

only after inspection and testing of the material. l. Material will be issued from store as per the standard operating procedure followed by plant. m. Schedule for modifications of a sphere including NDT completion of 18m diameter Horton Sphere

shall not be more than 60 days (time includes degassing, NDT, Hydro testing, and finally boxing up of the vessel).

n. All existing studs, nuts, metallic gaskets shall be replaced with new material procured by the contractor, the same will be counter checked by issue vouchers in store. All old nuts, bolts, metallic gaskets should be handed over to stores.

o. Once the material is issued from store, the contractor will be responsible for safe keeping of the same.

p. The person entering into the vessel should produce the medical certificate for his physical fitness for the job.

q. The successful contractor should clear the working area on daily basis and any unwanted material to be disposed off on daily basis at the designated/ unobjectionable area as per the instruction of officer in charge.

II - GENERAL TERMS & CONDITIONS FILLING AND SUBMITTING TENDERS:

1. Quotations should be submitted only in the prescribed tender schedule forms supplied by the Company, together with Drawings and General Conditions of Tender duly signed by the tenderer along with a Bank Draft, if required, as per covering letter dated 16.4.18 for the amount mentioned in Clause 14, on or before the due date/time of closing of the tender. Quotations received after the due date/time will not be considered.

2. The tenderer should study all the tender documents carefully and understand the conditions, drawings, and specifications etc. before quoting. If there are any doubts, he should obtain clarifications, but this shall not be justification for late submission or extension of opening date/time of the tenders.

3. The tenderer should visit the site and acquaint himself with site conditions, availability of water, electricity, approach road, 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.

4. The tenderer should quote for all items in the tender schedule. The rates should be expressed both in figures and in words: where discrepancy exists between the two, the rates expressed in words will prevail. Similarly, if there is any discrepancy exists between the unit rate and the amount, the unit rate will prevail.

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

6. All entries in the Tender Documents should be in Ink/Typed. Corrections, if any, should be attested by full signature of the Tenderer.



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7. Every page of the tender documents shall be signed by the tenderer or his authorized representative.

8. The tenderer should indicate the time required to complete the entire work from the date of receiving the order. The time indicated in tender may have a bearing on awarding the contract.

RATES:

9. The rate quoted should be inclusive of all material, labor, water, electricity, power equipment tools/tackles, centering, shoring, lifts, leads, scaffolding etc. and inclusive of all taxes applicable. All materials are to be supplied by the tenderer unless otherwise stated.

10. It is made clear to be parties that no excise claims on storage tanks/LPG Horton spheres/ bullets/structural would be entertained by the Corporation.

11. The rates quoted shall be valid for a period of six months. Once the quotation is accepted, the rates quoted shall be firm till the entire work is completed in all respects.

ACCEPTANCE OF TENDER:

12. Incomplete/Conditional tender quotations or those received late and/not confirming to the terms and conditions, the tender documents will be rejected.

13. The Company reserves the right to reject any or every tender without assigning any reason whatsoever and/or to negotiate with the tenderer (s) in the Company considers suitable. The company further reserves its rights to allow to the Public enterprises ‘Price Preference’ (facilities as

admissible under the existing policy) as may be decided by the company.

EARNEST MONEY DEPOSIT:

14. The tenderer shall be required to submit along with this quotation a Bank Draft in favor of Bharat Petroleum Corporation Ltd payable at MUMBAI for a sum of 10,00,000 INR ( Rs Ten Lakh Only) or 5% of the total tender value whichever is less. The earnest money deposit shall be returned to the unsuccessful tenderer/s within one month after due date for opening of the tender. The earnest money deposit of the successful tenderer will be retained till the commencement of the work. Thereafter the tenderer may opt to adjust the earnest money deposit against security deposit as a money deposit or request return of the earnest money deposit. No interest will be payable on earnest money deposit.

SECURITY DEPOSIT:

15. The successful tenderer, before commencement of the work, shall have to provide to the company, by way of security, a money deposit or a Bank Guarantee in the standard format provided by the Company for an amount of 10,00,000 INR(Ten Lakh Only) of 5% of the tender value whichever is less . The tenderer shall have the option to adjust the earnest money towards security deposit if he so desires.

The security deposit will be retained till the successful completion of the work. In the case of security

deposit in the form of a Bank Guarantee, the same shall be kept valid by the tenderer at his cost till the



Page 15 of 45

completion of the work under contract and shall be extended from time to time. No interest will be

payable on security deposit.

EXECUTION OF AGREEMENT:

16. The successful tenderer shall within 15 days of the Company’s communication to him of the acceptance of his tender, execute a formal Agreement with the Company, on the Company’s format.

EXECUTION OF WORKS:

17. The successful tenderer should submit details construction programme adhering to the completion time quoted in the Agreement. The programme will form part of the contract. However, the company reserves the right to alter the programme, if necessary, from time to time and no claim of successful tenderer on account of such alternation will be entertained.

18. All materials required for the execution of work should conform to the standard specification and approved by the Engineer in Charge before actually put to use. Commencement of work without prior approval shall be entirely at the risk and cost of the contractor. No delay due to non-availability of materials, tools, equipment etc. will be entertained by the Company. In the case of certain machinery/equipment, the Company’s site Engineer may inspect the items for approval before they are brought to the site.

19. The responsibility for the safety, security and accounting of the materials and equipment brought or installed by the successful tenderer or handed over to him by the Company for completion of the work will remain with him till the acceptance of the work by the Company. Any damage caused to the material/equipment during the execution of work will be made good by the successful tenderer at his cost. The Company may require the successful tenderer to have guarantee/indemnity bond executed for the value of the materials supplied to him free of cost, as per terms of the Agreement.

20. Quantities shown in the Tender Schedule are approximate and payment shall be made as per actual measurements. The successful tenderer is not entitled for any sort of compensation towards materials procured/stored in excess of the measured quantities.

21. The Company reserves the right to increase or to decrease the tendered quantity or revise specifications, drawing, and designs of any or every item or delete them at any stage of work. The successful tenderer‘s claim for compensation or damages on account of these shall not be entertained. Such deviations will be adjusted at the rates contained in the Agreement or at prevailing market rates, if the rates are not available in the agreement issuing variation order(s). In case it becomes necessary for the Company to temporarily suspend or postpone the work, partly, or fully due to unforeseen circumstances, the company shall not be liable for any compensation on account of resultant delays.

22. The entire work will be carried out under the supervision of the authorized representative of the Company, but this will not detract successful tenderer(s) full responsibility for quality/period of execution of work.



Page 16 of 45

23. Detailed measurements of works carried out shall be taken jointly by the successful tenderer and out site Engineer at every stage of work, before preceding the next stage. All work shall be measured as per the procedure laid down. Payment will be made as per measured quantities and not as per Tender Schedule quantities.

24. The successful tenderer shall submit to the office which has awarded the contract, periodic progress reports of his work as stipulated by our Site Engineer.

25. The successful tenderer shall not undertake on his own, any change in specifications mentioned in the tender documents. In case of doubts he will refer the matter in writing to the Company and act as per clarifications given by the Company. Any changes in the work involving changes in original specifications quantities/additional items of work should be covered by obtaining suitable variation order (s) from the company immediately.

26. If the performance of the successful tenderer if found to be unsatisfactory, the Company reserves the right to cancel in part or the whole of the contract and get the work executed through alternative means at the entire risk and cost of the successful tenderer.

27. If the successful tenderer does not complete the work in the stipulated time, the Company reserves the right to recover liquidated damages at 0.5% of the total contract value for every week of delay a part these of subject to a maximum of 5% of the total contract value until the work is satisfactorily completed and handed over. However delay in completion of a specific urgent job the maximum compensation will be increased to 15% if the total contract value. Such damages may be deducted by the Company from any money due to the tenderer and any further amount due from the tenderer shall be paid by the tenderer to the company forthwith. This is a specific urgent job – Yes.

28. The successful tenderer should ensure the safety of adjoining property and shall make good and loss to product/property resulting from his negligence.

29. Hot work should be carried out only in the areas earmarked for the purpose, after required safety precautions have been taken and only after obtaining written permission from the Site Engineer. Any provision required to be made e.g. wind screens of G.I Sheets etc. to make the area safe for hot

work, will be made the successful tenderer at his own cost.

30. The work in the Company’s premises should be carried out during the Company’s normal working hours and without obstructing day to day working of the establishment. If any work is required to be carried out beyond normal working hours, prior permission should be obtained before undertaking such work.

31. In the event of the successful tenderer failing to complete the work within the stipulated time, the Company shall have the right to employ any other agency to complete the remaining work at the risk & cost of the successful tenderer.

32. It will be the successful tenderer ‘s responsibility to get the works approved and obtain all certificates for plumbing, electrical, civil works from local, municipal, Governmental or other required authorities.



Page 17 of 45

33. Tanks, Pumps, Pipelines, Posts, Equipment and/or any other materials to be supplied by the Company will be supplied anywhere within the site premises. Safekeeping, transporting and handling of the same to actual location of installation will be the successful tenderer‘s responsibility for which no extra payment will be made.

34. During execution of work if it is found necessary to dismantle a portion of existing bund wall, enclosure wall, compound wall, fencing etc. to facilitate the movement of materials and equipment, the same shall be carried out after obtaining permission in writing from Company’s authorized representative and also made good by the contractor at his own cost.

35. The successful tenderer is expected to co-operate/co-ordinate with other contractor’s carrying out the work allocated to them so as to avoid breading up of work already done by them or causing any hindrance in the progress of their work. In case there is any difficulty/dispute, the same should be immediately brought to be notice of the Site Engineer.

36. If the work is required to be carried out in a working Depot, Installation, retail outlet etc. The progress of work is likely to be interrupted on account of operations in such units. Stoppage of work under such circumstances shall not entitle the successful tenderer to claims any compensation for idling, machinery etc. during such interruptions.

37. The successful tenderer and his man/men shall abide by all security/safety rules regulations in force at location and the low, bye –laws and statutes of Government, semi-Government and other local authorities such as requirements/liability under enactments like the Workmen’s Compensation Act., Contractor labour Act etc. and the Company shall stand indemnified against any claims on these scores. The Successful tenderer and his men shall strictly abide by “no smoking” and other petroleum regulations on the premises.

38. The successful tenderer shall arrange for at least one competent supervisor to be present at the all-time during the progress of the work, who shall be duly authorized to take instructions and execute them on his behalf.

INTERIM PAYMENTS

39. At the sole discretion of the Company, the contractor can receive up to 90% of the payment for the cost of work done. Interim bills should be duly supported by the measurements of work actually done. (All payments shall be subjected to deduction of Income Tax as may be applicable from time to time).

FINAL BILLS / RETENTION MONEY:

40. On completion of the work to the satisfaction of the Company’s authorized representative and after clearing the debris, tools, tackles, shoring, centering, materials etc, from the site and obtaining necessary certificates as required from the local authorities, the successful tenderer shall submit his final bill based on the jointly recorded measurements of actual work done.

41. The final bill of the job done should be raised, unless otherwise agreed by the Corporation in writing, within one month from the date of completion of the total job as per contract. Whether the job has



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been completed or not will be decided at the sole discretion of the corporation. Payment of the final bill will be made after adjusting interim payments and retention amount deducted and retained.

42. Vendor has to submit Performance Bank Guarantee for an amount equal to 10% of the contract Value (including GST). This PBG should be valid for 18 months from the date of completion of work. No interim payment will be made unless the vendor deposit the PBG as mentioned above in the prescribed format. The retention period of 18 months will commence from the date of the final bill or the date of completion of the job (as reckoned by BPCL) whichever is earlier.

43. The successful tenderer shall not subject or assign any part of the work to another party, without the prior written consent of the Company. In any event the successful tenderer will be solely responsible for the work so subject or assigned.

44. The contractor undertakes to ensure due and complete compliance with all laws regulations, rules etc., whether of the Central Government or the state Government or any other competent authority applicable to the workmen employed or whose services are otherwise availed of by the contractor whether in connection with the construction work at the site or otherwise. The employer shall have the right to inspect the records maintained by the Contractor concerning such workman from time to time and the Contractor to produce of the Employer’s inspection in order to ascertain whether or not the requirements of all such laws regulations, rules etc., have been complied with by the Contractor. In the event of the any contravention of such laws, regulations rules etc., coming to light whether as a result of such inspection or otherwise, the Employer shall have the right to require the Contractor to effect such compliance within such time as the Employer may prescribe in that behalf and in the event of the Contractor failing to effect such compliance within the time prescribed by the Employer then the Employer shall without prejudice to this rights to entitled to withhold form the amount payable to the Contractor any amount payable to the workmen under any such laws, regulations or rules and to make payment thereof the workmen. The Employer shall also have in that event the right to terminate the contract with immediate effect and to exercise powers reserved to the Employer under the contract as result of termination.

45. Special conditions, if any pertaining to the tender are shown in Tender Schedule.

Purchase Preference Clause

46. 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.

47. Owner reserves its right to allow Micro and Small Enterprises (MSEs) 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 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.



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Arbitration Clause

1. 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 Mumbai 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

2. The award shall be made in writing and published by the Arbitrator within two years after entering upon the reference or within such extended time not exceeding further twelve months as the Sole Arbitrator shall be writing under his own hands appoint the parties hereto shall be deemed to have irrevocably given their consent to the Arbitrator to make and publish the award within the period referred to herein above and shall not be entitled to raise any objection or protest thereto under any circumstances whatsoever.

3. The Arbitrator shall have power to order either of the parties to abide by observe and perform all such directions as the Arbitrator may think fit having regard to the matters in difference i.e. dispute before him. The Arbitrator shall have all summary powers and may take such evidence oral and / or documentary, as the Arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Arbitrator Act 1940 including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him.

4. The parties against whom the Arbitration proceedings have been initiated, that is to say, the Respondents in the proceeding, shall be entitled to prefer a cross-claim or set off before the Arbitrator in respect of any matter an issue arising out of or in relation to the Agreement without seeking a formal reference of Arbitration to SCOPE for such counter-claim, Cross-claim or set off and the Arbitrator shall be entitled to consider and deal with the same as if the matters arising there from has been referred to him originally and deemed to form part of the reference made by SCOPE.

5. The Arbitrator shall be at liberty to appoint, if necessary any Accountant or Engineer or other technical person to assist him and to act by the opinion so taken.

6. The Arbitrator shall have to make one or more awards whether interim or otherwise in respect of the dispute and difference and in particular will be entitled to make separate awards in respect of claims or cross-claims of the parties.

7. The Arbitrator shall be entitled to direct any one of the parties to pay the costs of the other party in such manner and to such extent as the Arbitrator may in his discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportion to meet the Arbitrator’s expenses whenever called upon to do so.



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8. The parties hereby agree that the courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this Agreement and any award or awards made by Sole Arbitrator here under shall be failed in the concerned courts in the city of Mumbai only.

Approximate duration for completion of Job : 240 days from Date of LOI

This is a specific urgent job : Yes

I / We have read carefully the above terms and conditions of Tender and agree to abide by the same.

Signature of the Contractor ……………………………

(Or his authorized representative)

Date:

Name / Seal of the Contractor:

Address: _______________________________________

_______________________________________________

_______________________________________________

_______________________________________________



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III - SPECIAL TERMS AND CONDITIONS

1. Contractor should submit Demand Draft equivalent to 5% of the value of the tender subject to a maximum of 10,00,000/- (Rs. Ten lakh only), in favor of Bharat Petroleum Corporation Limited payable at Mumbai, towards EMD. The draft should be dropped in the tender box kept at Uran LPG Terminal before due date of the tender. Bids submitted without EMD shall be rejected. Vendors registered with MSME/NSIC are exempted from EMD, however vendor has to upload such registration letter as mandatory document in EMD and Document Bid. Please note that contractors already registered with BPCL are also required to submit EMD in the open tender.

2. EMD of successful bidder will be converted into security on the written specific request from the successful Contractor. EMD shall be forfeited if the successful bidder fails to comply with the agreed terms and conditions of the contract.

3. In addition to the online bidding, bidder has to put the hard copies of all uploaded documents and DD in lieu of EMD, in the tender box kept in Engineering Dept at Uran LPG Terminal.

4. The contractor has to attach work order copies with the tender, if they have carried jobs of similar

nature. 5. Contractor has to ensure wearing of HELMET, SAFETY SHOES, HAND GLOVES, UNIFORM and IDENTITY

CARD by his staff, cost of which has to be borne by the contractor only. No labor will be allowed to work within the plant without proper PPE. Officers have the right to remove a person found carrying out the designated job without wearing PPEs. ANY VIOLATION OF THIS POINT THE CONTRACTOR WILL BE FINED WITH RS.200/- PER VIOLATION.

6. TDS will be deducted as per prevailing rules and regulations.

7. In case the job is carried out during night/Sundays/holidays or in Overtime, the contractor has to pay the wages as per the labor laws no additional cost will be given by BPCL.

8. The contractor has to cover all employees completely in line with the provisions of following acts and /or any other enactments / gazettes or notification covering any installation of BPCL (In this case Uran LPG Terminal) and also will have to produce the same for verification of the officials of the labor department and the plant as & when carried for

a. Employees State Insurance Act 1948 or Workmen Comprehensive act 1928 whichever is applicable.

b. EPF act and Miscellaneous Provision Act, 1952 c. Minimum wages act 1948 d. Contract Labor (Regulation & abolition) act,1970 e. Factories act 1948. f. Equal Remuneration Act,1976 g. Interstate Migration Workman Act,1979 h. Industrial Establishments (National and Festival Holidays) Act, 1963 i. Payment of Bonus Act, 1965 j. Any other laws/rules of state/Central Govt./Public Sector undertaking as applicable from time

to time.



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9. Following Register needs to be update regular on monthly basis by the Successful tenderer. Any other

register as required by the statutory authorities or as prescribed by BPCL from time to time will also be maintained up-to-date:-

a. Form II Rule 21(4) employer register of deduction b. Form V Rule 25(21) overtime register c. Form I Rule 21(4) register of fines d. Form V Rule 26(5) Muster roll e. Form X Rule 26(1) register of wages

10. For the purpose of carrying out jobs the contactor shall at his own cost employ persons during the

period of contract and the persons so appointed shall not be construed under any circumstances to be in the employment of BPCL even though they may be working under BPCL supervision or within BPCL Premises. The supervision and control of such employees will be always with contractor. You shall agree to provide all amenities to your employees and to pay them wages prescribed under the law, compensation if any for any injury or death while in course of their employment and all other sums and dues as are from time to time payable under any law for the time being, in force, applicable to such employees. If however any claims is made by any employee of yours against the company for wages ,compensation or any sum or dues payable by you on to such employee then you should agree to indemnify BPCL against any such claim and to pay all the expenses which BPCL may incur in defending any proceedings pursuant to such claim.

11. The company reserves the right to reject any one of the offers without assigning any reasons. 12. Contractor shall arrange to provide suitable training to his staff before deployment and should desist

from frequent changes of his workmen. If any change is undertaken in the labor engaged - prior approval should be taken from the officer-in-charge. However Officer in charge has the liberty to remove any staff if not found suitable for the work.

13. Whenever training is conducted by BPCL, contractor should nominate its labor to ensure all the labor has proper training before deployment in plant. No charges shall be payable as wages for the training period.

14. Contractor has to follow all safety rules & regulations in vogue / as and when amended by BPCL.

15. The firm shall indemnify the company against the consequences arising out of its personnel’s default or negligence or violations of the rules applicable to the place of work.

16. Contractor will indemnify the company, its officers and its employees against all claims, demands actions, proceedings, losses/damages caused, charges and expenses and all other liabilities of whatever nature made, brought against suffered and incurred by company by virtue of or as a result of non-performance or non-observance by Contractor of any terms and conditions set out in this contract letter and be performed or observed by him. Contractor has to indemnify the company that his labors engaged for various jobs in the plant do not claim for the employment in BPCL. BPCL is not responsible for any of the claims arising out of the dispute between the contractor and his employees.



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17. The firm shall observe and comply with the regulations of the Minimum Wages Act, The ESI Act, The PF & Factory Act, Workmen Compensation Act And all other industrial /labor legislations (for the time being in force and as amended from time to time), Factory Act governing the relationship between the Firm and its employees and keep the company indemnified against all claims, payments, losses, damages or levies etc. that the company may have to suffer on account thereof.

18. That the firm shall also accept and indemnify the company against any liability for payment of compensation arising under the Workmen Compensation Act or otherwise which the company may be called upon to make good under the provisions of the said act or any other for the time being in force, to any such personnel of the firm on account of or any injury sustained or claim arising from permanent disablement of the personnel during the course of employment and also indemnify the company for any expenses incurred by the company in connection with any claim preferred by its personnel and /against all actions ,claims and demand whatsoever in respect thereof or in respect of any loss, injury or damages whatsoever to any third person caused by its personnel.

19. The firm shall also be required to comply with the provisions of Contract labor (R&A) Act 1970, for the time being in force and as amended from time to time and it shall maintain all records in accordance with said Act, as applicable and indemnify the company against any claim or fine or levy or interest etc. that it may be called upon to sustain / pay under the provisions of the said Act as and when necessary, the firm shall obtain necessary license/ permit as required under the Contract labor (Regulation & Abolition Act,1970). Or such other laws as applicable and produce the same to the authorized representative of the company as and when called upon for.

20. Contractor has to indemnify the company that, neither the contractor nor his representatives and labors / staff employed by him will be considered as the company’s employees and will have no right to represent the company in any matter. The contractor will absolve the company of any responsibility in this respect and furnish a declaration to this effect from time to time.

21. Contractor is supposed to visit the site before quoting for the job for acquainting himself with the job schedule and available facilities at the location. It is presumed that contactor has visited the site and understood all the items of the job thoroughly.

22. TAXES AND DUTIES : All vendors shall have GST tax registration and they shall quote GST tax only in the price bid.GST as applicable at the time of delivery within scheduled delivery period will be payable by BPCL. Vendor shall give HSN/SAC code for the material or services quoted in the bid. “If any new tax is introduced on sale of goods/services by VENDOR to OWNER in lieu of one or more of

the then existing taxes or as a new tax altogether and the rate and impact of the new taxes is less than

the rate and impact of existing tax or taxes which it replaces, VENDOR shall pass on to OWNER the

benefit thereof by way of commensurate reduction in the amount payable by the OWNER to VENDOR.

If on the other hand, the rate of the new taxes is in excess than the rate of the new taxes it replaces,

the OWNER on satisfactory proof shall reimburse the VENDOR the additional tax paid by the VENDOR

as the result of the imposition of the new taxes provided they are within the contractual completion

date.



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Explanation: For the purpose of above clause, impact means and includes the addition/reduction of taxes

suffered on inputs, input services & capital goods. Further, impact of stranded taxes like CST on Interstate

purchases, entry tax/octroi, etc (if applicable) also needs to be considered.”

“The vendor shall take steps viz 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 of applicable laws including GST

laws for the time being in force to enable the OWNER to avail tax credit/s including input tax credit. Any

loss or non-availability of input tax credit by the OWNER due to non-compliance of applicable tax laws

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 accrued to 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 till such default is either rectified or made good by the VENDOR and the OWNER is

satisfied that it is in a position to claim valid input tax credit within the time-lines as per applicable laws.

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 of applicable tax laws or rules or regulations thereof or

otherwise due to default on the part of VENDOR shall be borne by the VENDOR. An amount equivalent

to such cost, liability, dues, penalty, fees, 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.”

All new statutory levies leviable on sale of finished goods to owner, if applicable are payable extra by

BPCL against documentary proof, within the contractual delivery period.

23. PRE QUALIFICATION CRITERIA (PQC)

Given below are the five Pre Qualifying Criteria (PQC), failing any of which, the bid will be technically rejected.

a. Vendor should be PESO approved competent fabricator (Valid Certificate to be enclosed). b. Tenderer should submit the experience of having successfully completed similar work during last 7 years

ending on 31.03.2018 as per following failing which, the tender shall be summarily rejected: i. Three similar completed works costing not less than the amount equal to 64 lakh,

Or ii. Two similar completed works costing not less than the amount equal to 80 Lakh.

Or iii. One similar completed works costing not less than the amount equal to 130 Lakh

c. The average annual financial turnover of the tenderer during preceding three financial years i.e. 2014-15, 2015-16 & 2016-17 should be at least 50 Lakh.

d. The net worth of the vendor should be positive as per the latest audited financial statement. “Net Worth” = “Equity + Reserves & Surplus”

DEFINITION OF SIMILAR WORK Similar works means fabrication/repair, inspection and testing of LPG Pressure Vessels. The intended tenderer must submit documentary evidence in support of above, in the form of a certified copy of work order(s), successful completion certificate(s), payment certificate(s)/voucher(s) indicating the period of



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work for which the payment has been made. Copies of all the certificates submitted, duly authenticated by the bidder, will be verified with the originals by BPCL.

24. No counter condition will be accepted by the corporation and the tenderer will not change conditions noted in the agreement form in any circumstances. Tender submitted with counter-conditions may not be considered and likely to be summarily rejected. If it is found that the information/details submitted in the tender documents are incorrect/fictitious the tender will be rejected outright even at a later date.

25. Bidders shall also have to essentially sign an Integrity Pact (IP) for participating in this tender, as per the

Performa attached with this tender. The salient points to be noted in regard to IP are:

a. Performa of Integrity Pact shall be uploaded by the Bidder along with the bid documents duly signed by the same signatory who is authorized to sign the bid documents. All the pages of the Integrity Pact shall be duly signed. Bidder’s failure to upload the IP duly signed along with the bid document shall result in the bid not being considered for further evaluation.

b. If the Bidder has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Bidder, Price reduction amount by forfeiting the EMD/Performance Guarantee as per provisions of the Integrity Pact.

c. If the contract has been terminated according to the provisions of the Integrity Pact, or if BPCL is entitled to terminate the contract according to the provisions of the Integrity pact, BPCL shall be entitled to demand and recover from contractor, Price reduction amount by forfeiting the Performance Guarantee amount as per provisions of the Integrity Pact.

26. The details of the BPCL officer handling this tender is as under & maybe contacted for any clarifications:

Shri Vinay Wadhwa Sr. Manager Ops. (LPG), Uran LPG Terminal, Raigad, Maharashtra

Mob : 9811463876

27. Bidders may raise disputes/complaints, if any, with the nominated Independent External Monitor whose name, address and contact numbers are as follows:

Shri. S.S.N. Moorthy Shri. Shantanu Consul

Shri. Vikram Srivastava

ADDRESS ADDRESS ADDRESS GFQ, Ist Floor, B. Block, Summit Apts. Mettupalayam Road, Coimbatore - 641 043

No.9MCHS (IAS Officers Colony), 16th Main, 5th C Cross, BTM 2nd stage, Bangalore – 560 076

E-202, Second Floor , Greater Kailash Part 2, New Delhi - 110048

[email protected] [email protected] [email protected]

Mob. 09500998610 Mob. 09740069318 Mob. 09810642323

mailto:[email protected]



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IV - SCHEDULE OF RATES Pl. note that rates must be filled in Price Bid forms of the E-Tender only and no hard copy to be submitted.

S. No. Item description Unit Qty

Modification & Fabrication Work

1 PESO Approval: Prepare drawings with PESO approved fabricator, drawing and procedure approval from PESO.

Per Sphere 4

2 Modification work as per scope of Work including supply of required pipeline and patch plate as per scope of work

Per Sphere 4

3 Radiography of new weld joints Per Sphere 4

4 Civil Work as per Scope (Breaking and Plastering) Per Sphere 4

Scaffolding & Decommissioning

5 Scaffolding (Inside & Outside Sphere) including working platforms

Per Sphere 4

6 Degassing/ Cleaning/ sludge removal and burying/ opening all fittings and instrumentation, carrying out chicken test, supplying, providing and fixing blind flanges/ boxing up the spheres for hydro testing

Per Sphere 4

Hydro-testing & NDT

7 Hydro-test of sphere as per BIS 5500 & certification. Per Sphere 4

8 Ultrasonic thickness measurement Per Sphere 4

9 Wet fluorescent magnetic particle (NDT-WFMPT)-1000 Points per sphere

Per Sphere 4

10 Ultrasonic flaw detection (NDT-Ultrsonic flaw detection) (width of scanning 150 mm) 1256 points per sphere.

Per Sphere 4

11 NDT-In situ hardness testing (75 points per sphere ) Per Sphere 4

12 Dye penetration test (LS per Sphere) Per Sphere 4

13 Radiography (Size 6' X 12") Per Sphere 80

14 Radiography ( Optional and if defects found during testing)

Per Sphere 4

Calibration & Certification

15 Calibration of Spheres (Dry & Wet) including approval from CPWD and submission of Calibration report.

Nos. 4

Servicing of Valves/SRV/NRV of various sizes

16 8’’X300# Ball Valve Nos. 8




20 8’’X300# NRV Nos. 8

21 14’’X 300# Ball/ Plug Valve Nos. 12

Supply of Consumables



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22 Gaskets - 508 MM 300# Nos. 4

23 Gaskets - 500 MM 300# Nos. 20

24 Gaskets - 250 MM 300# Nos. 16

25 Gaskets - 200 MM 300# Nos. 24

26 Gaskets - 150 MM 300# Nos. 36

27 Gaskets - 80 MM 300# Nos. 16

28 Gaskets - 50 MM 300# Nos. 16

29 Gaskets - 40 MM 300# Nos. 16

30 Gaskets - 25 MM 300# Nos. 32

31 1-1/4" X 7-1/2" HT STUDS WITH NUT/WSHR Nos. 100

32 5/8" X4" HT STUDS WITH NUT/WSHR Nos. 128

33 3/4" X5-1/2" HT STUDS WITH NUT/WSHR Nos. 128

34 3/4"X 6" HT STUDS WITH NUT/WSHR Nos. 196

35 7/8"X7" HT STUDS WITH NUT/WSHR Nos. 128

36 3/4"X 9-1/4" HT STUDS WITH NUT/WSHR Nos. 64


38 1-1/4" X 8-1/4" HT STUDS WITH NUT/WSHR Nos. 96




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V - (Performa of Solvency Certificate)

To be submitted on letter head of Bank

DATE:

TO WHOMESOEVER IT MAY CONCERN

THIS IS TO CERTIFY THAT M/S_________________________ IS MAINTAINING A CURRENT ACCOUNT

WITH US AND HAVE GIVEN THEIR OCCUPATION AS TO THE BEST OF OUR BELIEF AND

KNOELEDGE M/S. _______________ IS SOLVENT UP TO RS. _____________________LACS

(RUPEES____________________________________LACS ONLY).

THIS CERTIFICATE IS ISSUED ON THE EXPRESS CONDITION AND UNDERSTANDING THAT NEITHER THE

BANK NOR ANY OF ITS OFFICERS UNDERTAKE ANY RESPONSIBILITY OR LIABILITY IN RESPECT THEREOF.

Sign and Stamp of Bank

NOTE :

This solvency should not be older than six months from the date of publishing of tender.

The copy of Solvency certificate should be notarized by public notary and it has to be self attested.



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VI - INDEMNITY BOND/UNDERTAKING

From M/s………………… To M/s. BPCL, URAN LPG TERMINAL Sub: Work Order No. ________________ Dated___________ Agreement No. _____________________Dated___________ This indemnity Bond / under taking executed at_______________________ This ________________day of____________ 2018 by M/s.________________________________ Hereinafter called the “Contractors” (Which expression shall mean and include, if the context so admits, the partners or partner for the time being of the firm and their or his respective heirs, executors and administrators / its successors and assigns in law) in favour of Bharat Petroleum Corporation Ltd, hereinafter called “The Corporation”(Which expression shall include its successors and assigns in law). And whereas the corporation, desirous of having executed certain work specified in the work. Order No. ___________________ Dated ______________ issued by the corporation on the contractors, as cased drawings, specifications and bills of quantity showing and describing, the work to be done prepared and the same have been signed by or on behalf of the parties hereto. And whereas the contractors have agreed with the corporation to execute and perform the said work specified in the said work order upon certain terms and conditions provided in the agreement executed between the contractors and the corporation and also certain in the general conditions of contract attached there to. 1. The contractors are bound by law to comply with the provisions of various Labor Laws like minimum wages Act, 1948; Equal Remuneration Act 1976; Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) Act 1979; Contract Labor (Regulation and Abolition) Act 1970; Workmen’s compensation Act 1923; Employees State Insurance Act as also the Provident Fund Act providing for Provident Fund Scheme for laborers engaged by the Contract but in the event of violation of the provisions of various amenities and facilities to the workers under the different labor laws not only the Contractors but also the Corporation as the principle employer becomes liable for the acts omissions and commission by the contractor. 2. The Contractors hereby undertake to furnish a certificate with regard to the number of laborers employed by them in the Corporation and in other organization throughout the country to the location in charge of the Corporation where the work is undertaken by the contractors. 3. The Contractors hereby confirm and state they are duly registered under the Contract Labor (Regulation and Abolition) Act 1970, as amended from time to time and they undertake to furnish the certified copy of the requisite obtained by the contractors from the competent authority to the Corporation’s representative. 4. The Contractors hereby undertake to keep proper record of attendance of his laborers and will give opportunity to the officers of the Corporation to supervise the same and confirm upon the Corporation’s representative the right to counter-sign the said register. The Contractor shall provide a copy of the pay sheets to the Location in charge of the Corporation nominated by the corporation nominated by the corporation for



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supervision of the payment of wages made to the laborers by the contractors and also confirm the right on the Corporation’s representative to supervise the payment of wages to the labors on the spot. 5. The contractors state that they are fully aware of the provisions of the Provident Fund Act, particularly with regard to the enrolment of the labors as a member of Provident Fund. The contractors further confirm that they are aware of the provisions that they are obliged to recover provident fund contribution from the eligible labors engaged by them and, after adding their own contribution, remit the same to RPFC. The contractors state and confirm that they are fully aware of the obligation to remit the said amounts on account of Provident Fund to the RPFC within the prescribed period and they obtained a separate code number from the RPFC which is bearing S. No. Dated from RPFC ------------------------- 6. Contractors will afford all opportunities to the officers of the corporation to verify that the Provident fund is actually deducted by the Contractors from the wages of the labours and the same together with the Contractors contribution has been duly remitted by the contractors to the concerned PF Commissioner. The contractors also undertake to provide photocopy of the receipt issued by the concerned PF commissioner for having received the PF contribution from the contractors. 7. In the event the Location in charge of the Corporation is not satisfied about the payment of wages made and the recovery of PF etc. from the labours employed by the Contractors, the Contractors hereby agree and authorize the Corporation to withhold the payment of their bills till the Contractors complete all the obligations in this matter 8. Notwithstanding the provisions contained in Clause 7 above, the contractors hereby undertake and authorize the corporation to recover dues payable by the contractors to the labours employed by them as also amounts on account of PF contributions (including the Contractors contribution) as also all losses, damages, costs, charges, expenses, penalties from his bills and other dues including the Security amount. 9. The contractors hereby agree that the aforesaid indemnity undertaking are in addition to and not in substitution of terms and conditions in the Tender documents and the work order and also the agreement executed by the contractors with the corporation. 10. The contractors hereby confirm, agree and record that this letter of undertaking and indemnity shall be irrevocable and unconditional and shall ensure for the corporation benefits and for the benefit of its successors an assigns. Yours faithfully, Date: Witnesses: (a) (b) Full Address : Full Address :



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VII - PARTICULARS OF FIRM’S CONSTITUTION

We are, Proprietorship firm (name of firm): a) Name (of proprietor in full) b) Residential address & Telephone No of Proprietor. c) Office address & Telephone Nos. Partnership firm (name of firm): a) Name, address & Telephone No. Of each of the Partners b) Address and Telephone nos. of firm Registered Company: a) Address of Registered office and Branch b) Names, Address (residential and Office) & Telephone nos. of each of the Directors I, _____________ son of _____________ residing at __________ declare that the particulars given hereunder are true to my knowledge and I am fully authorized by all other partners and/or Board of Directors of the Company or by the general Body/Managing Committee of the Co-operative Society to submit this tender after reading and understanding all the terms and conditions contained therein. (STRIKE OUT THOSE NOT APPLICABLE) All the details furnished above are true to our knowledge. Signature: Date: Rubber stamp:



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PARTICULARS OF FIRM’S CONSTITUTION 1. Constitution of Firm : 2. Nature of the firm (state whether :

Limited Co. Partnership, Co-operative Society or Sole Proprietor (if Partnership, attach Xerox copy of Partnership Deed)

3. Whether belonging to SC/ST. :

If yes, provide necessary Documentary evidence. (*Please also see the note hereunder) (* Please note that in case of Partnership firm and Co-operative Society, all the Partners/members should belong to same category, otherwise firm would be taken in “General Category”.

4. Year of Establishment : 5. Registration No. of Company/Firm if any : 6. Postal Address of Office of the firm/company : 7. Telegraphic Address, if any : 8. Telephone No. (s), if any : 9. Address of Branches, if any : 10. (a) Name of Directors, in case of company :

Along with residential address and phone nos.

(b) Name of partners, in case of Partnership: along with residential address and telephone no. of each partner

(c ) Name of Proprietor : with residential address and telephone No. (Please indicate Address of each Director/Partner/Proprietor as the case may be with telephone No., if any.



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11. Permanent Income Tax No. : 12. Last Income Tax Clearance :

(attach Xerox copy) 13. Name of Banker & Branch, :

with full address 14. Style of A/c. and A/c No. : 15. Name(s) of the persons :

operating the A/cs. Details of assets (fixed), if any :

16. Code No. allotted by Indian :

Bank’s Association, if any 17. Name (s) of authorized :

Representative(s) We do hereby certify that the information as provided above is correct and true in all respects. Signed by: _______________ Name & Address:



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VIII - DECLARATION BY THE TENDERER We have carefully studied the tender and submit our offer after having fully understood the same. We hereby agree to abide by and fulfill all the Terms and Conditions set out in the tender documents incorporated in the Agreement which should be deemed to form a part of this tender. It is also confirmed that none of the Partners/Directors/Proprietors of this firm are retired from the services of the Corporation within last two years proceeding from the closing date of the tender as mentioned in General condition of tender. It is also confirmed that none of the Partners /Directors / Proprietor has been convicted in criminal cases or blacklisted or action for termination of contract / withdrawal of LOI / Work Order have been taken for malpractices while undertaking transportation job, by any of the PSU Oil Companies We return herewith the enclosures duly signed and rubber stamped on each page as a token of our acceptance. SIGNATURE OF THE TENDERER Full Name: ___________________________ Address: ____________________________

_______________________________

_______________________________ Tel. No.: _____________________________



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IX - FORM OF STANDING BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT (To be submitted on a stamp paper of Rs. 500/-)

THIS DEED OF GUARANTEE made this _______________ day of ________ Two Thousand and One between ** _____________, son/daughter/wife of _________ residing at _______ carrying on business as Sole Proprietor under the name and style of _______________ and having its office at ________ hereinafter referred to as "THE CONTRACTOR" (which expression shall unless excluded by or repugnant to the context mean and include his/her heirs, executors and administrators) OR ** _____________, son/daughter/wife of _________ residing at _____________; _____________, son/daughter/wife of ______________ residing at _____________ and _____________ son/daughter/wife of _________ residing at _______ carrying on business in co-partnership under the name and style of _______ ________ and having its office at ____________hereinafter referred to as "THE CONTRACTOR" (which expression shall unless excluded by or repugnant to the context mean and include the present members of the said firm or any other member or members of the said firm inducted with the consent of the company and the legal heirs, executors, administrators of any deceased partner and) OR ** ___________________ Limited, a company or co-operative society incorporated under the applicable laws of India and having its registered office at ______________ hereinafter referred to as "THE CONTRACTOR" (which expression shall unless excluded by or repugnant to the context mean and include its successors) (** Strike out whichever is not applicable) of the FIRST PART, AND _______________________, a Bank constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 having its head office at _______________ and branch office at ___________________ hereinafter referred to as "THE GUARANTOR" (which expression shall unless excluded by or repugnant to the context mean and include its successors and assigns) of the SECOND PART AND BHARAT PETROLEUM CORPORATION LTD., a Company incorporated under the Indian Companies Act, 1913, and having its Registered Office at, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400 001, hereinafter called “THE CORPORATION” (which expression shall unless excluded by or repugnant to the context mean and include its successors and assigns) of the THIRD PART. WHEREAS the Contractor has submitted an offer pursuant to a Tender Notice issued by the Corporation and the said offer has been accepted by the Corporation. 2. The Bank further agree that the Corporation shall be the sole judge to decide as to whether the contractor has committed any breach or breaches of any of the terms and conditions of the tender/the contract and the extent of loss, damage, costs charges and expenses caused to or suffered by or that may be caused to or suffered by the Corporation and the decision of the Corporation that the said contractor(s) has committed such breach or breaches and as to the amount or amounts of loss, damage, costs, charges and expenses caused to or suffered by or that may be caused to or suffered by the Corporation from time to time shall be final and binding on the Bank. 3. The Bank further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of all the contracts in respect of which the Contractor(s) has been exempted from making a deposit of the Security Deposit by virtue of this Guarantee and till all the dues



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of the Corporation under the said contracts or by virtue of any of the terms and conditions governing the said contracts have been fully and properly carried out by the said contractor(s) and accordingly discharges this Guarantee subject, however, that the Corporation shall have no claim under this Guarantee ________ after _________ years from the date of expiry last or after expiry of the defects liability period as provided in the contract which expires last or after expiry of ________ years this Guarantee has been served on the Bank before the expiry of the staid period of ______________ whichever is earlier unless a notice of the claim under this Guarantee has been served on the Bank before the expiry of the said period of years. Provided, however, if Corporation thinks that the said period of ________ years after the date of expiry of the defects liability period as provided in the contract which expires/ shall expire after the expiry of the period of ________ years from ________ day of ______ the Bank hereby agrees and undertakes on being called upon by the Corporation to extend the date of validity of this Guarantee for a further period of ________ years from the said _______ day of _________ at least two months before the expiry of the said period of years from _________ days of and if the Bank fails to do so the Bank shall forthwith pay to the Corporation the said sum of Rs. _________________. 4. The Corporation shall have the fullest liberty without affecting in any way the liability of the bank under this Guarantee or indemnity from time to time to vary any of the terms and conditions of the said contracts or to extend time of performance by the said contractor(s) or to postpone for any time and from time to time any of the powers exercisable by them against the said Contractor(s) and either to enforce or forbear from enforcing any of the terms and conditions governing the said contract or securities available to the Corporation and the said Bank shall not be released from its liability under these presents by any exercise of the Corporation of the liberty with reference / to the matter aforesaid or by reason of time being given to the said contractor(s) or any other forbearance, act or omission on the part of the Corporation or any indulgence by the Corporation to the said contractor(s) or of any other matter or thing whatsoever which under the law relating to the sureties would but for this provision have the effect of so releasing the Bank from its such liability. 5. It shall not be necessary for the Corporation to proceed against the Contractor(s) before proceeding against the Bank and the Guarantee herein contained shall be enforceable against the Bank not withstanding any security which the Corporation may have obtained or to be obtained from the Contractor(s) at the time of the proceedings against the Bank. 6. The Contractor(s) hereby agrees and undertakes that if the Corporation has become entitled to forfeit the amount of Security Deposit of any part thereof in respect of any of the Contracts for which he has been exempted from payment of Security Deposit by virtue of this Guarantee and if the Corporation has recovered the said amount of Security Deposit or any part thereof from the Bank under this Guarantee, the Contractor(s) shall forthwith on the happening of any such event arrange to have the amount of Guarantee increased to the said sum of Rs. ___________ as aforesaid and till such time as he furnishes a fresh or further Bank Guarantee bringing the amount of Rs. ______ Guarantee to the said sum of Rs. _________ contractor(s) shall not be entitled to any exemption in respect of payment of any Security Deposit in respect of any of the tenders submitted by him after the date of forfeiture of any amount of Security Deposit by the Corporation under any of the said contract and such amount having been recovered from the Bank under this Guarantee. 7. The Bank undertakes not to revoke this Guarantee during its currency except with the previous consent of the Corporation in writing and agree than any change in the said contract or the said Bank shall not discharge our liability hereunder. IN WITNESS WHEREOF the Guarantor herein set their hands and seal on the day, month and year first above item



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SIGNED SEALED AND DELIVERED By _____________ The Guarantor herein At ______________



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X - INTEGRITY PACT Between

Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as “The Principal",

And

_________________ hereinafter referred to as "The Bidder/Contractor/Supplier"

Preamble The Principal intends to award, under laid down organization procedures, contract/s for supply of about _________________. The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s, Contractor/s and Supplier/s. In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organisation "Transparency international" (TI). Following TI's national and international experience, the Principal will appoint an Independent External Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1 - Commitments of the Principal (1) The Principal commits itself to take all measures necessary to prevent Corruption and to observe the following principles: (a) No employee of the Principal, personally or through family members, will in connection with the tender, or the execution of the contract, demand, take a promise for or accept, for himself/herself or third person, any material or immaterial benefit which he/she is not legally entitled to.

(b)The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal will, in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential / additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.

(c) The Principal will exclude from the process all known prejudiced persons. (2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder / Contractor/Supplier



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(1) The Bidder / Contractor/Supplier commit itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution. (a) The Bidder / Contractor/Supplier will not, directly or through any other person or firm, offer, promise or give to any of the Principal's employees involved in the tender process or the execution of the contract or to any third person, any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange, any advantage of any kind whatsoever during the tender process or during the execution of the contract. (b) The Bidder / Contractor/Supplier will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the bidding process. (c) The Bidder / Contractor/Supplier will not commit any offence under the relevant Anti-Corruption Laws of India; further the Bidder / Contractor/Supplier will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. (d) The Bidder / Contractor/Supplier will, when presenting his bid, disclose any and all payments he has made, is committed to, or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

(2) The Bidder / Contractor/Supplier will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3 - Disqualification from tender process and exclusion from future contracts If the Bidder, before contract award, has committed a transgression through a Violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason. (1) If the Bidder/Contractor/Supplier has committed a transgression through a violation of Section 2 such as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor/Supplier from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years. (2) A transgression is considered to have occurred if the Principal after due consideration of the available evidences, concludes that no reasonable doubt is possible. (3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any



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ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice. (4) If the Bidder / Contractor/Supplier can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.

Section 4 - Compensation for Damages (1) No employee of the Principal, personally or through family members, will in connection with the tender, or the execution of the contract, demand, take a promise for or accept, for himself/herself or third person, any material or immaterial benefit which he/she is not legally entitled to. (2) The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal

will, in particular, before and during the tender process, provide to all Bidders the same information and will

not provide to any Bidder confidential / additional information through which the Bidder could obtain an

advantage in relation to the tender process or the contract execution.

(3) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor/Supplier liquidated damages equivalent to Security Deposit / Performance Bank Guarantee. (4) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor/Supplier can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor/Supplier shall compensate the Principal only to the extent of the damage in the amount proved.

Section 5 - Previous Transgression (1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process. (2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

Section 6 - Equal treatment of all Bidders / Contractors /Suppliers/ Subcontractors (1) The Bidder/Contractor/Supplier undertakes to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing. (2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors/Suppliers and Subcontractors. (3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its provisions.

Section 7 – Punitive Action against violating Bidders / Contractors /Suppliers/Subcontractors



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If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of an

employee or a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which

constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the

Vigilance Office.

Section 8 - Independent External Monitors (1) The Principal has appointed competent and credible Independent External Monitors for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement. (2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal. (3) The Bidder/Contractor/Supplier accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Bidder/Contractor/Supplier. The Bidder/Contractor/Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor/Supplier/ Subcontractor with confidentially. (4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder/Contractor/Supplier. The parties offer to the Monitor the option to participate in such meetings. (5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the Bidder/Contractor/Supplier to present its case before making its recommendations to the Principal. (6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations. (7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India. (8) The word 'Monitor' would include both singular and plural. Section 9 - Pact Duration This Pact begins when both parties have legally signed it. It expires for the Contractor/Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded.



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If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal. Section 10 - Other provisions (1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact. (2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made. (3) If the Bidder/Contractor/Supplier is a partnership or a consortium, this agreement must be signed by all partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions. ----------------------- -------------------------------- For the Principal For the Bidder/Contractor/Supplier Place ________________ Witness 1 : ____________________ (Signature/Name/Address) Date ________________

Witness 2 : _____________________ (Signature/Name/Address)



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XI - VENDOR REGISTRATION FORM



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