+ All Categories
Home > Documents > LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

Date post: 06-Nov-2021
Category:
Upload: others
View: 11 times
Download: 0 times
Share this document with a friend
105
1000324937 / 2018-19 1 LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION LIMITED BHARAT BHAVAN II, CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI - 400 001 OPEN TENDER FOR THE JOB OF OPERATION AND MAINTENANCE OF BAITALPUR LPG BOTTLING PLANT CRFQ NO.: 1000324937 PREBID MEETING ON: 15/02/2019 AT 1100 HRS at Mumbai DUE ON: 28/02/2019 AT 1500 HRS
Transcript
Page 1: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

1000324937 / 2018-19

1

LPG BUSINESS UNIT

BHARAT PETROLEUM CORPORATION LIMITED

BHARAT BHAVAN II, CURRIMBHOY ROAD,

BALLARD ESTATE, MUMBAI - 400 001

OPEN TENDER

FOR THE JOB OF OPERATION AND MAINTENANCE OF BAITALPUR

LPG BOTTLING PLANT

CRFQ NO.: 1000324937

PREBID MEETING ON: 15/02/2019 AT 1100 HRS at Mumbai

DUE ON: 28/02/2019 AT 1500 HRS

Page 2: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

1000324937 / 2018-19

2

Ref. 1000308902 25th June, 2018

M/s. Dear Sir/Madam,

Subject: Invitation of bid for the job of Operation and Maintenance of Baitalpur LPG Bottling Plant

(CRFQ no. 1000324937 due on 28/02/2019 at 3 pm)

1. About the Company Bharat Petroleum Corporation Ltd. (BPCL) is one of the leading Oil Refining and Marketing companies in India. The company produces a diverse range of products, from petrochemicals and solvents to aircraft fuel and specialty lubricants and markets them through its wide network of Petrol Stations, Kerosene Dealers, LPG Distributors and Lube Shoppe’s.

2. Objective of the Tender The objective of this tender is to invite bids from vendors for the job of Operation & Maintenance of Baitalpur LPG Bottling Plant.

3. Only parties meeting the eligibility criterion specified in Annexure II (Bid Qualification Criteria) are eligible to quote.

4. This tender document consists of the following annexures, which are enclosed: a) Techno-commercial Bid:

4.1. Annexure I - Terms of Reference 4.2. Annexure II - Bid Qualification Criteria 4.3. Annexure III - Instructions to tenderers . 4.4. Annexure IV - Terms and Conditions of Contract 4.5. Annexure V - Integrity Pact

Information pertaining to Credential Information, Technical Information and Relationship with Directors shall have to be submitted online. b) Price Bid: A price bid shall also have to be submitted online as per the proforma given in

Annexure VI.

5. INTEGRITY PACT (IP): IP is a pact between BPCL (as a purchaser) on one hand and the bidder on the other hand stating that the two parties are committed to each other in regard to ensuring transparency and fair dealings in this procurement activity. Bidders shall have to essentially sign this pact (IP, mentioned in point 4.5 above), for participating in this tender, as per the pro-forma given at (Annexure - V). The salient features of this program are:

a. Proforma of Integrity Pact shall be uploaded by the bidder/s 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 documents 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 the bidder Price reduction/ Liquidated damages amount by forfeiting the EMD/ Bid security as per provisions of the Integrity Pact.

Page 3: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

1000324937 / 2018-19

3

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 the operator, Price reduction/ Liquidated Damages amount by forfeiting the Security Deposit/ Performance Bank Guarantee/ Supply & Performance Guarantee amount as per provisions of the Integrity Pact.

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

To be contacted for All Clarifications/ Details Regarding This Tender:

1) Name of Procuring Officer-PO Vinod Somavanshi - [email protected]

2) PO’s Office Address

Sr.Manager Engg.Services,LPG- HQ, LPG Department Bharat Petroleum Corporation Ltd,5th Floor,BB II,Bellard Estate,

Mumbai - 400 001.

3) PO’s Contact Number 022 22714562/9967546005

To be contacted for COMPLAINTS ONLY:

1. Name

of IEM

and E-

Mail Id

Shri. S.S.N. Moorthy-

[email protected]

Shri. Shantanu Consul -

[email protected]

Shri. Vikram Srivastava -

vikramsrivastava1973@gmail.

com

2. IEM’s

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

3. IEM’s

Mobile

Number

Mob. 09500998610 Mob. 09740069318 Mob. 09810642323

6. All the documents associated with Techno-Commercial bid (consisting of all the afore-mentioned

annexures, documents uploaded by the bidder and Techno-Commercial Information submitted) and price bid shall form the part of the tender. The entire bid shall be online only. General Instructions to vendors for e-tendering are as given in the Annexure III of this tender.

Offers should strictly be in accordance with the tender terms & conditions and our Terms of Reference (TOR). Bidders are requested to carefully study all the documents/annexures and understand the conditions and TOR before quoting the rates and submitting this tender. In case of doubt, written clarifications should be obtained, but this shall not be a justification for request for extension of due date for submission of bids.

7. A pre-bid meeting shall be held on 15.02.2019 at 11.00 AM @ Bharat Petroleum Corporation

Limited, 5th Floor,BBII,Currimbhoy Road,Ballard Estate,Mumbai – 400 001. An advance intimation about your presence in this meeting along with your clarification/ suggestion (in the following format) may kindly be sent to somavanshivr@ bharatpetroleum.in

Annexure No./Clause No.:

Existing provision:

Page 4: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

1000324937 / 2018-19

4

Clarification Required:

Suggested text for the amendment:

Rationale for the Clarification or amendment:

8. Please visit the website https://bpcl.eproc.in for participating in this tender process and

submitting your bid online.

9. BID SECURITY: Bidders shall have to submit an Earnest Money Deposit (EMD) of Rs 5 lakhs in physical form at our office. For details, kindly refer Clause 8 of Annexure III

10. Your online bid as well as the instrument to be submitted in physical form should be submitted on or before the due date of this tender viz. 28th February, 2019 by 3 PM.

11. Bid submitted after the due date and time of closing of the tender or not in the prescribed format is liable to be rejected. BPCL does not take any responsibility for any delay in submission of online bids due to connectivity problem or non-availability of site and/or other documents/instruments to be submitted in physical form due to postal delay. No claims on this account shall be entertained.

12. Price bid of only those tenderers shall be opened whose techno-commercial bid is found to be acceptable.

13. DIGITAL SIGNATURE: The tender documents along with Annexure thereto and Price Bids shall be

required to be digitally signed with a Class II B or above digital signature by the authorized signatory. The authorized signatory shall be:

i. Proprietor in case of proprietary concern. ii. Authorized partner in case of partnership firm.

iii. Director, in case of a Limited Company, duly authorized by its Board of Directors to sign.

If for any reason, the proprietor or the authorized partner or director as the case may be, are unable to digitally sign the document, the said document should be digitally signed by the constituted attorney having full authority to sign the tender document and a scanned copy of such authority letter and also the power of attorney (duly signed in the presence of a Notary public) should be uploaded with the tender. Online submission of the tender under the Digital Signature of the authorized signatory shall be considered as token of having read, understood and totally accepted all the terms and conditions of this tender.

14. Vendors, on the Black/Holiday List of BPCL/ MoP&NG/ Oil PSE shall not be considered. BPCL

reserves the right to accept or reject any or all the Offers at their sole discretion without assigning any reason whatsoever. BPCL’s decision on any matter shall be Final & any vendor shall not enter into correspondence with BPCL unless asked for. BPCL may call for additional documents if required. BPCL would also consider information already available with them regarding Vendor’s credentials.

15. SUPPORT DESK: In case of any clarification pertaining to E-Procurement Process, the vendor may contact ETL on Contact Numbers and E-Mail Ids, as appended below.

All India : +91 79 4001 6868 [email protected] : Satyanarayan Behera (90040 14223) [email protected]

: Mr.Harshal Sapkale (6351896636) [email protected]

Page 5: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

1000324937 / 2018-19

5

16. For clarifications, if any, please feel free to contact us on any working day between 10:00 am to 4:00 pm:

PROCUREMENT OFFICER: Vinod Somavanshi - 022-22714562 ([email protected]) At

TENDER ENQUIERY ADDRESS: Sr.Manager Engg.Services, LPG-HQ, Bharat Petroleum Corporation Ltd, 5th Floor, BB II, Ballard Estate, Mumbai - 400 001.

Plant/Site ‘address:- Bharat Petroleum Corporation Ltd.,LPG Bottling Plant,Gorakhpur

Deoria Road, Village : Baitalpur Dist :Deoria, Utter Pradesh.

Thanking you, Yours faithfully, for Bharat Petroleum Corporation Ltd.

R V Deshmukh GM,OPS&HSSE.

Page 6: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

6

TERMS OF REFERENCE

The scope of work involves complete operations and maintenance of the LPG Bottling Plant located

in Baitalpur, Uttar Pradesh including provision of skilled manpower, providing all necessary tools and tackles, consumables (other than those supplied by BPC), receipt/delivery of bulk LPG

by/through tank trucks, storage of products (Bulk LPG, HSD, Filled LPG Cylinders), cylinder bottling operations, receipt/delivery of empty/filled cylinders, Domestic Pressure Regulators (DPR),

pressure testing & painting /cold reconditioning of cylinders, Safety & Security of all the assets,

housekeeping and all such activities required for operation and maintenance of a LPG Bottling

Plant.

The scope of work also includes execution of Mechanical, Electrical, Instrumentation, Civil and all other Maintenance jobs that would be required for keeping the Plant and allied facilities in good

operating condition at all times. Officers from BPCL available at the Plant will ensure overall performance of the O&M Operator and compliance vis-à-vis the contractual obligations and /or

BPCL requirements. The Successful bidder/Operator shall provide adequate skilled and experienced staff to take care

of Operations, Maintenance, follow up with OEM, Cylinder handling, Safety & Security,

Environment protection, Pollution norms, Testing/Quality control, Housekeeping, Security, Stock

Accounting & Inventory control of the bottling Plant. Maintenance of material store and their

record, organising of training for staff, rescue of Tank lorry /packed lorry accidents. The Operator has to maintain all necessary documentation and records such as Copy of wage register/proof of payment of wages,copy of PF ECR,Copy of ESI deposition (If applicable),log books, charts, performance registers, inventory registers for LPG bulk & packed product, equipment

history, power consumption, daily/weekly/monthly performance reports, stock registers for cylinders, regulators, valves, oils, warehouse items, gate passes, visitors passes, etc., and all such other related documentation as advised by BPC from time to time. Required reports shall be

submitted on a periodical basis to BPC. Reports can be daily/ weekly /monthly as per advice of BPCL. The relevant important data shall be computerized for easy scrutiny of various parameters as well as presented in graphical form, wherever possible, to facilitate monitoring of performance

on a monthly basis. It shall be furnished to BPC by first week of every month. All reports shall be furnished to BPC in CD/by e-mail/hard copies, as required. The detailed scope of services shall be guided by, but not limited to, BPCL Operations Manual, Standard Operating Procedures (SOP), Safety Manuals, Policy circulars issued from time to time by BPCL, various OISD codes, etc., in order to ensure high productivity, quality and safety at all times. Operator shall have to maintain & handle the entire Plant premises/facilities in accordance with the prevailing best Industry/ International Practices. All OISD Standards, & statutory guidelines must be strictly followed for carrying out operations.

PLANT FACILITY AND INFRASTRUCTURE Baitalpur LPG Plant, located in the state of Utter Pradesh, is spread over an area of approx. 14.04

acres and is provided with

900 MT (3 nos. X 300 MT) Mounded Storage Vessels for bulk LPG,

1 no. x 24 station Electronic Filling Carousels,

6-bay gantry for loading/unloading of bulk tankers and

other allied facilities

Page 7: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

7

The major Facilities provided at the Plant are: SHEDS/BUILDINGS:

Sr. No. Building /Shed Name Dimension Size (in sqm)

1 Firewater Pump house 20 x 08 160

2 Air Compressor Shed 08 x 08 64

3 MCC Room 16 x 08 128

4 DG Room 10 x 08 80

5 Car Shed 15 x 5.5 82.5

6 Office Building 20 x 12 240

7 Stores 12 x 08 96

8 Security Room 3 x 5 15

9 Pressure Testing Shed 25 x 10 250

10 Empty cum Filling Shed 65 x 29 1885

11 Filled Cylinder Storage Shed 65 x 17 1105

12 LPG Pump/Compressor House 16 x 08 128

13 TT Ldg/Unldg Shed (6 Bays) 16 x 5.5 x 6 nos. 528

14 Weigh Bridge 16 x 3 48

15 PCVO crew Rest Room 10 x 5 50

16 HT Room 5 x 4 20

17 Planning Cum Control Room 15 x 10 150

18 Fire water tank 2 X 1850KL

19 Inspection plat form 6 X 1.5 9

20 Unloading finger 10 X 15 150

21 Loading finger 15 X 8 120

22 Toilet block 4 X 5 20

23 Cathodic Protection Room 3 X 4 12

24 Degassing unit 3 X 5 15

25 Effluent Treatment plant 3 X 6 18

26 Cycle shed 15 X 2.5 37.5

27 Transformer Yard 5 X 5 25

FACILITY/EQUIPMENT

S No Facility/Equipment Name Capacity/Rating Qty

(nos.)

1 Mounded Storage Vessels 300 MT bullets 3

2 LPG Pump for filling & loading 50 cum/hr 2

3 LPG Compressor for unloading 150 CFM 2

4 Air Compressors 200 CFM 2

5 Air Dryer - 2

6 Electronic Carousel 24 Stations 1

7 Matching Downstream equipment 1800 cyls/hr 3

8 Telescopic Conveyors 1800 cyls/hr 4

9 Conveyors 1800 cyls/hr As per Conveyor Layout

10 Cylinder Washing Unit 1800 cyls/hr 1

11 Commercial Cylinder test Bath ----- 1

12 Cylinder Evacuation Unit 30 cyls/hr 1

13 Test bath 1800 cyls/hr 1

14 Hot Air Sealing Units 1800 cyls/hr 1

Page 8: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

8

15 Portable sealing Unit -- 1

16 Purging Unit 1000 cyls/hr 2

17 Vapour Extraction Unit -- 1

18 Cylinder Evacuation Unit 30 cyls/hr 1

19 Pressure Testing Unit 500 cyls / day 1

20 Service Water Pump - 2

21 Borewell - 2

22 Firewater Tanks 1850 KL each 2

23 Diesel Pumps 410 cum/hr 3

24 Jockey Pumps 10 kl/hr 2

25 Effluent treatment Plant 1

26 Transformer 1

27 DG Sets 2

28 Cathodic Protection 1

29 Vacuum circuit Breaker 1

30 Deluge Valve -- 18

31 Cold repair machine -- 1

32 Valve Salvaging Unit 1000 valves/day 1

The above list covers the major equipment/facility provided; however Parties are advised to visit

the location to have first-hand information of the equipment provided. Further, the above list is

tentative to give a broad overview of plant and the detail list of facility/equipment will be issued to

successful bidder at the time of handing over. The successful bidder/operator shall hand them over

back to BPCL upon expiry of contract in good working /usable condition as per the product life cycle

defined by BPCL. Also list of equipment, facilities and any other assets or material added in between

contract tenure will also be handed over to BPCL by Operator in good condition.

In addition to above facilities BPC shall provide necessary furniture & office equipments, stationery,

etc for operation of the Plant. No alterations, changes, in the facilities, layouts shall be allowed

without prior written approval from BPCL.

PRODUCTS/EQUIPMENT HANDLED

Baitalpur Bottling Plant of BPCL has been built for cylinder bottling operations and all activities

connected with receipt, storage, supply and distribution of filled LPG cylinders and other related

equipment to its customers, through the distributors. As part of the operations, the Plant handles

bulk & packed LPG, cylinders, regulators, SC valves, etc., and the same will be supplied by BPCL. Operator shall maintain the account for receipt, consumption and inventory of the

product/equipment and all other materials supplied by BPC. A daily reconciliation of inventories

shall be carried out by operator and a copy of the statement to be submitted to BPCL officer at the

Plant for records. Reconciliation statement for the inventories shall be submitted along with

monthly reports. Accounting in SAP system shall be followed as per the SOP. This statement for

each item/product is to be maintained as per the format given below or any other format to be

given by BPC from time to time.

Products/Equipment A B C

Opening Balance as on 1st of

month

Page 9: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

9

Receipt

Total (Opening + Receipt)

Deliveries during the month

Book Balance (Total-

Deliveries)

Physical Balance

Loss/Gain (Book Balance – Physical Balance)

BPC’s SCOPE OF SUPPLY i) All Facilities & Equipment as enlisted above under “PLANT FACILITIES & INFRASTRUCTURE”.

However, bidders are advised to visit the Plant for having first hand information and idea of its facilities.

ii) Bulk LPG, LPG Cylinders, Domestic Pressure Regulators and SC Valves as and when required, in line with market requirement as well as to maintain adequate stock. However, it is the responsibility of the Operator to inform BPC sufficiently in advance for replenishment of stocks.

iii) LPG Cylinder consumables, viz., safety caps, O-rings for cylinder valves, seals, stickers, etc., that are required for filled cylinders. Supply of these consumables shall be on actual basis subject to maximum of:

Safety caps: 2% of average cylinders filled per month (over & above the shortages from distributors recorded)

Seals for filled cylinders: 107 % of monthly average cylinders filled Cylinder SC valves: 0.7 % of cylinders filled per month O-Rings for cylinder valves: 10 % of Cylinder filled per month

Replacement of SC valves would be as per actual consumption. If additional quantity is required over and above the mentioned percentage, it shall be provided by BPCL after detailed investigation in each case. If the demand for additional quantity for SC Valve/Safety caps/Seals/O-rings is found to be on account of the operator’s negligence, the material cost shall be recovered from the operator based on prevalent market rates. Otherwise it would be on BPC’s account. Also necessary corrective action shall have to be taken by the Operator as and when advised.

iv) BPC-specific stationery like Invoices, ERV, etc., shall be provided by BPCL. All other general stationery like Registers, white papers, notepads, reports, books, pens, pencils, etc., shall be provided by Operator.

v) All approvals/permissions/licences (except those exclusively mentioned in any part of this tender document) related to Plant operation.

vi) Statutory testing of MSV and 5 yearly testing of LPG Pipelines.

vii) Formats for maintenance and operation logbooks shall be provided by BPC. Operator has to print all Ops log books and maintenance logbooks accordingly.

viii) AMC for periodic maintenance of carousel, OLD, VLD, DCS and Weight Correction unit along with minimum spares required for the same.

ix) Automation & Maintenance of Automation related equipments

Page 10: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

10

OPERATOR’S SCOPE OF SUPPLY

The Operator shall provide for all other items except those specifically mentioned under BPC’s Scope of Supply as above. Thus operator’s scope of supply shall include but not restricted to the following:

i) Requisite manpower (both skilled and unskilled) along with required supervisor(s) for operation and maintenance of the Plant.

ii) Requisite security guards from reputed Security Agency duly approved by Director General of Rehabilitation (DGR) (PASARA approved party) for security of the Plant.

iii) All necessary spares, tools, tackles, brown soap, oils, greases, HSD for DG set and Fire Engines etc. required for operation and maintenance, safety of the Plant.

iv) All manpower and material/spares required for upkeep of the Plant & equipment including housekeeping, grass cutting, etc.

v) All manpower and material/spares required for calibration of equipment like pressure/ temperature gauges, meters, etc., as per the mandatory/statutory requirement/Industry practice. Stamping of filling scales/ weighing equipment/weigh bridge, Meters, etc., by Legal Metrology Dept. Stamping fee charged by Legal Metrology Dept. for the same shall be reimbursed to the Operator on actual basis on producing of Original receipts. If any interest is levied on the same it would be on Operators account

vi) All manpower and material/spares required for Periodic Testing of SRVs/TSVs/LPG Pipelines/ Pneumatic pipelines/ Pressure vessels (except MSV and 5 yearly hydro-testing of LPG Pipelines); it shall be carried out through competent person by the operator as per the statutory guidelines. Similarly, periodic testing of Air vessels shall have to be done on annual basis through a licensed & approved Party of PESO/Factories department.

vii) All manpower and material/spares required for Periodic testing’s like hydro-testing of LPG Hoses, Fire Hoses, fire extinguishers (including refilling) etc; to be done as per SOP through competent person.

viii) Compliance to labour act, factory act, environmental and pollution control act including filing of returns (monthly/half yearly/yearly as applicable).

ix) Generating and preserving all Ops, security,Maintenance and Safety related records as per the formats provided and producing them to BPC as and when directed. Manpower required for Stacking / De-stacking of Empty, Defective and Filled cylinders for ensuring continuous production in the absence of Trucks, maintaining Sufficient quantity of filled stock, and loading of lorries when demand is more than filling capacity from filled stock.

x) Arrangement of periodic Health Check up every half year for his staff from the approved doctor of Factories department with minimum test specified in Factories act. Payment of all charges for Utilities, including electricity, water, etc.

xi) Any other material/services required for complete Operation, Maintenance, Safety & Security of the Plant, unless explicitly mentioned (in the tender document) for exception from Operator’s scope.

Based on the description above, the division of responsibility for scope of supply between BPC and

Operator can be summarized as below:

Page 11: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

11

SR ACTIVITY Responsibility

1 Legal and Statutory Compliance/All Licenses BPCL

2 Inspection, Audits, Compliance related to Capex &

Monitoring

BPCL

3 Security of Plant (Including Provision of Guards) OPERATOR

4 Statutory testing of MSV and 5 yearly testing of LPG Pipelines

BPCL

5 Hot repair of Cylinders LOI issuance and

monitoring of performance.

BPCL

6 Payment to residential Engineer for Automation

& Maintenance of Automation related equipments

BPCL

7 All Bottling activity OPERATOR

8 Operation of LPG P/H,FWPH,MCC OPERATOR

9 Loading/Unloading of Tank Lorry OPERATOR

10 Canteen/Housekeeping of Plant OPERATOR

11 Vehicle for Regular Operation and in-case of

emergency

OPERATOR

12 Maintenance of Equipment’s & Plant Facilities

including complete Firefighting and Safety &

security related facilities, Admin related facilities.

OPERATOR; However, AMC for

periodic maintenance of carousel,

OLD, VLD, DCS and Weight

Correction unit along with

minimum spares required for the

same would be in BPCL’s scope

13 Periodic Testing of SRVs/ TSVs/ Pipelines(LPG)/

Pneumatic pipelines lines/ Pressure vessels

OPERATOR

14 Calibration of equipment like pressure/

temperature gauges, meters, etc., as per SOP.

OPERATOR

15 Stamping of filling scales/ weighing

equipment/weigh bridge, Meters, etc., by Legal

Metrology Dept.

OPERATOR

16 Segregation and repair of Cold repair Cylinders OPERATOR

16 Collection and Salvaging of Caps and SC Valves OPERATOR

18 Maintenance of all access control equipment OPERATOR

19 All documentation related to HSSE OPERATOR

20 Stacking and de-stacking of Cylinders for ensuring

1) continuous production in the absence of trucks

2) for loading of trucks using filled stock when the

no of lorries are more than filling capacity

3) Maintaining filled stock

OPERATOR

21 Operation & maintenance of ETP & STP OPERATOR

22 Regular Painting of all Pipelines, equipments &

facilities to ensure that there is no corrosion.

OPERATOR

23 Payment of Electricity Charges. OPERATOR

24 Segregation, preparation of list and laisioning OPERATOR; However payment for

Page 12: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

12

The above shall be read in conjunction with the subsequent sections of this tender document for

more clarity on the scope.

SCOPE OF WORK (OPERATION OF PLANT)

Following activities are to be carried at the Plant by the operator as part of Operations:

1. Receipt/Loading of Bulk LPG by Tank trucks 2. Bottling operations in single/double shift or on extended hours if required (timing will be as

per BPC requirement ) and Packed truck loading/unloading operation 3. Pressure testing & painting of DPT cylinders 4. Maintaining Safety and security of plant.

Scope broadly includes storage of product, receipt of empty cylinders from distributors/ repairers,

receipt of new Cylinders/valves/Regulators/other consumables from suppliers, cylinder bottling

operations, receipt/despatch of bulk LPG by road tankers to customers/other LPG Plants, despatch

of filled cylinders to distributors, receipt/issue of regulators and allied equipment to distributors,

and all activities connected with operation, Maintenance, safety and security of the Plant etc as

per Standard operating Procedures (SOP) of BPCL .The copy of the SOP will be given to successful

bidder during execution of contract. Plant shall operate on 6-day week basis. Public/National Holidays will be limited to a maximum of

12 days/year, which shall be finalized in consultation with BPC. However, bottling operations needs

to be done on holidays and on Sundays as per the requirement of BPCL without any additional cost.

1) HANDLING & STORAGE OF BULK LPG Mode of bulk LPG receipt/despatch is by Road Tank Trucks only and 6-bay Tank truck gantry

has been provided in the Plant for this purpose.

Bulk LPG Receipt by Tank trucks (TT) In case of product receipt by tank trucks, initial weight of the tank truck along with product

shall be taken on the weighbridge for determining the gross weight. Thereafter, bulk LPG from

the tank truck shall be transferred to the storage tanks. After full decantation, the empty tank

truck shall be weighed for tare weight. The difference between the two readings would give

the weight of product decanted. In case of shortage in net quantity as weighed at BPCL, Baitalpur LPG Plant is within 40 kg

(Inclusive) of the quantity of bulk LPG mentioned in the despatch document, the latter shall be considered as the quantity of bulk LPG received by the Operator. In case the said shortage is

greater than 40 kg, then the net quantity determined from the weighment done at the Bottling Plant shall be considered as the quantity of bulk LPG received by the Operator and the entire

shortage quantity shall be debited to the Transporter as per policy of BPCL. SAP Interface with

with BPC-designated vendor for uplifting LPG

Cylinders due for hot repair and receipt of such

hot repaired cylinders from HR vendor including

Quality Inspection of the cylinders as per SOP.

carrying out the hot repair of LPG

Cylinders along with the freight

incurred on their to & fro

movement for this purpose would

be borne by BPCL

25 Statutory testing of DPT Cylinders. OPERATOR; However Paint ,

thinner& primer for painting such

cylinders shall be Supplied by BPCL

Page 13: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

13

weighbridge shall be used for posting weight of tank Lorry (Gross and Tare) In case of any

abnormal transit product loss incidence, necessary investigation into the possible causes may

be ascertained and action initiated in coordination with BPC.

Operator shall make necessary entries in the Delivery Challan /FAN slip (despatch document

brought by the TT) for the total quantity/quality of bulk LPG so received, and obtain

acknowledgement of the Transporters’ representative/driver. The entries so made by the

Operator shall be complete proof of quantity/quality of bulk LPG received by them.

Sick/accidental tank lorries needs to be decanted by operator by taking all due safety

precautionary majors under intimation to BPC.

Loading of Bulk LPG in Tank Trucks

Operator shall also be responsible for bulk LPG loading and the quoted rates for bottling shall include the same.(However the payment will be made for Bottling quantity only)

Bulk LPG may be required to be delivered by Tank trucks to Bulk LPG customers. Operator shall carry out loading of the Tank trucks. Before taking the TT inside the Plant, it must be ensured

that TT belongs to authorized operator of BPC or to any customer as the case may be. All the

TTs entering into the Plant must have necessary PESO certificate. Tank Truck must have all necessary safety fittings as laid down in the Petroleum Rules/Acts of Govt. of India, and valid

Road permit. T/T crew must have valid driving license from RTO duly endorsed for carrying

hazardous goods as per MV Rule 9. Necessary training shall be imparted by the Operator to TT

crew for obtaining the certification from RTO. Tank truck should be loaded in TT Gantry as per the product & quantity mentioned in the Filling

Advise Note (FAN) issued by BPC representative at Plant. Gross filling shall be based on online

meters provided. However, invoicing will be done on the actual quantity determined from

gross/tare weights taken on the weigh bridge. In no case, the quantity filled shall be more than

the quantity permitted as per license issued by PESO. Necessary invoice will be made & TT released from the Plant, only after obtaining signature &

seal of authorized representative of Operator on Invoice. Operator shall maintain Bay-wise TT

filling records including final pressure and roto-gauge readings. There should not be any complaint from any stake holders/ distributors/ customers/ law

enforcing agencies regarding short delivery of products by the Plant. In case short delivery of

product is established, all consequences including damages, penalty, recovery, etc., will be

borne by the Operator and BPC shall have no liability towards the same.

Storage of Bulk LPG Bulk LPG will be stored in the Mounded Storage Vessels provided in the Plant. Gauging of the

storage tanks are to be carried out by the Operator every day at start and close of Operations

(Opening & Closing gauges). The Operator should monitor the levels of MSV on regular basis

and In form BPCL in-case of any abnormal behaviour. Gauging of tank comprises of recording

of level, density, pressure & temperature and the readings are to be recorded in gauge books

as per prescribed format of BPCL & duly signed by Operator. Storage Vessels are provided with two types of gauging systems for product level, viz., Servo

Page 14: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

14

and Radar systems. While readings from both the gauges are to be recorded in the gauge

books, stock calculations will be based on the servo gauge. Radar gauge shall be only for cross

checking purpose, and in case of any difference, both the gauges are to be checked and

calibrated.

All the gauging equipment as well as temperature & density measuring instruments must be

calibrated periodically by the Operator as per statutory guidelines/Industry practice/SOP/OEM

manual and must have valid calibration certificates at all times. At the end of the day, stock loss/gain for the day’s operations is to be calculated & logged.

Presently, the stock calculations are integrated with ERP system (SAP) and Operator has to

make all such entries necessary for making the stock calculations. Operator will facilitate in implementation of any new technology which BPC may introduce in future. Operator must also

ensure that all such systems are maintained in good condition & these systems must be operative at all times. Water draining from the Storage Vessels has to be regularly carried out by the Operator as per

BPC’s procedure, taking all safety precautions.

2) BOTTLING OPERATIONS

Receipt of LPG Cylinders a. Operator shall receive empty cylinders from BPC’s distributor network and Cylinders

Manufacturers/Repairers authorized by BPCL. All the cylinders so received shall be checked and identified under the following categories:

1. Good/usable cylinders 2. Cylinders due for statutory pressure testing 3. Cylinders requiring cold/hot repairs 4. Defective and leaky cylinders 5. Spurious cylinders 6. Cylinders not belonging to BPC

Operator shall maintain necessary record of the cylinder receipts and send

daily/weekly/monthly reports to BPC as required.

b. In case of spurious/non-BPC cylinders, immediate information shall be given to BPC

Officers and necessary action to be taken on his advice. Proper records with

acknowledgement from Parties bringing such cylinders will have to be maintained by the

Operator. Based on BPC’s advice, necessary debit notes will have to be raised by the

Operator on erring Parties.

Any unaccounted spurious/OMC cylinders found in the stocks will be debited to the

Operator, at prevailing penal rates. In no case, spurious/non-BPC cylinders shall be taken

for filling. c. For any shortage of cylinders received from distributors through trucks, BPC shall be

immediately informed and necessary action taken as advised.

d. For any shortage of cap received from distributors through trucks as mentioned in the ERV or shortage found physically while unloading of cylinders from truck recording shall be made on ERV/ DET including taking signature of the driver.

e. Cylinders due for mandatory testing shall be stacked separately. (Mandatory testing & painting job will be done as per IS16054).

Page 15: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

15

f. Repairing of defective and leaky cylinders (with Valve & Pin leak) shall be carried out before taking the cylinders for filling SQC @ of 4 % to be done prior to dispatch.

g. Cylinders requiring hot repairs shall be kept separately and dispatched to outside Parties as finalised by BPCL whenever truck is reported from Hot Repair Party.

h. Operator shall carry out the job of re-stencilling tare weight on cylinders fit for filling, in case the same is not legible/wrong stencilling. As per current trend, this quantity shall be approx 1% of cylinders filled.

All cylinder/equipment movement within the Plant, required in connection with regular

operations is in the scope of the Operator, except for loading/unloading of

cylinders/equipment into trucks for going out/coming into the Plant.

Purging of Cylinders Operator shall carry out purging of the following types of cylinders received by them on behalf

of BPC, at no extra cost. Purging shall be carried out according to SOP.

(i) New cylinders received at the Plant (ii) Cylinders received after mandatory testing/hot repair.

Filling of LPG Cylinders b) Operator shall fill good and usable empty cylinders of any capacity and type as per

directions given by BPCL. Various types of BPC cylinders presently being used are 5.0 kg, 14.2 kg, 19.0 kg, 35.0 kg, 47.5 kg, LOT cylinders and Hippo cylinders. Operator shall also fill any other capacity cylinders introduced by BPC in future, at no extra cost.

14.2-kg and 19.0-kg cylinders shall be filled on Electronic Carousel. Additionally, 2 nos Stationery filling machines with Prefilling facility and one number filling machine for hippo cylinders, downstream CVT, Test Bath, separate chain conveyor have been provided for filling of other type of cylinders.

a) Operator shall fill good and usable empty cylinders conforming to IS-13258 to the extent

of the capacity of each such LPG cylinder. The operator needs to comply with Weights and

Measurement Act while filling the LPG cylinders. Operator needs to maintain following

filling accuracy for type of cylinders.

o For 14.2-kg Capacity Cylinders: All cylinders should be filled within the norms

prescribed by W&M. Additionally, at least 95 % cylinders to be filled with not more

than +50 gms variation in net weight.

o For other capacity cylinders: All cylinders should be filled within the norms

prescribed by W&M.

c) All filled LPG cylinders which contain less/more quantity of product than the prescribed tolerance, shall be toped-up/partially evacuated so as to bring their gross weight within the prescribed range. Please note that during any inspection of Weights and Measures department, if their inspector(s) observe that the rules and regulations of Weights and Measurement act are not being complied with and they levy penalties then such penalties shall be borne by the Operator.

d) All filled cylinders shall also be checked for any Valve leak, Bung Leak, O-ring leak and Body leak with the help of equipment provided and prescribed procedure, and defective cylinders segregated for repairs.

Page 16: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

16

e) All filled cylinders passing all the QC tests shall be capped, sealed and sent for market despatch or stacked in Storage Shed as required.

f) The Quality Control equipment used in Filling operations, viz., Check Scale, Weight Correction Unit, Pin/Bung Leak Detector, O-ring Leak Detector, SQC Check Scale, etc., shall be regularly calibrated (at least 4 times in a shift), without interrupting the operations and record maintained thereof. Water in the Test bath and Washing Unit shall be replaced as and when necessary for ensuring clear water/good visibility.

g) Data collection system is provided for collection and analyzing the data on Filling operations. Necessary monitoring, data analysis and corrective actions need to be taken on regular basis for ensuring quality. Regular reports/graphs on the same shall be submitted/ uploaded to BPC in required formats. In case of unprecedented failure of PC/system the operator will intimate BPC to have a mutually agreed system for assessing production rate and quality and quantity till the PC/ system is put back into operation.

h) All documentation related to Preparation of ADAs for Cylinders, DPRs and SC Valves and scrap material shall be done by the operator. All jobs of disposal including laisioning with BPC designated buyer, physical movement of material including providing labour involved in weighment of material shall be arranged by the Operator at no extra cost. (approximately 2 cycles in a year)

i) Receipt and quality inspection of New cylinders, DPR, SC valves, Caps, ‘O’ Rings and Seals as per SOP.

j) Calibration of Equipment

Filling Scales and Quality Control Equipment shall be regularly calibrated in each shift as per frequency advised by BPC and records maintained.

k) Productivity :

Operator is obliged to meet BPCL’s entire requirement of filled LPG cylinders on day to

day basis. For this purpose the rated capacity of the Plant would be considered as 1570

cylinders/hour and Operator may be required to work up to 16 hrs. However, actual

working hours may vary based on day to day market requirement and the operator shall

have to plan the filling operations accordingly. BPCL shall ensure its part of obligation for

the same i.e. availability of bulk LPG, cylinders, indent, trucks etc.

Working beyond normal working hours/holidays:

In case BPC require additional bottling to be done over and above the productivity

mentioned above, Operator is obliged to operate the plant in part or full on extended

hours / Sundays / holidays in order to meet BPC’s requirement. Payment for such bottling

would be done at the contracted rates only.

Despatch of Filled LPG Cylinders

a) BPC shall issue instructions/advices to the Operator regarding despatch/ delivery of filled LPG cylinders and Operator shall accordingly effect the despatches/deliveries.

b) Filled cylinders so dispatched should be in sound condition with correct weight and should not have any leaks. They should meet IS 13258 and should be capped, sealed and the tare weight shall be clearly visible.

c) Over and above the 100% Quality Control Checks carried out as above, Statistical Quality Control shall be carried out on 4 % of filled cylinders ready for despatch, and records

Page 17: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

17

maintained thereof.

d) Operator shall facilitate loading/unloading of LPG filled/empty cylinders from trucks. The unloading/loading of cylinders from and into the truck will be done by the crew of packed transporters arranged by BPC.

e) Operator shall prepare daily/weekly/monthly statement of dispatches of LPG filled cylinders made on the basis of advices received from "BPCL" and shall send statement to BPC on regular basis.

f) All cylinders shall have good caps hung in position. No cylinders, unless undergoing some activity, shall be without caps fixed to the valve.

g) All non-domestic cylinders shall be sent with stickers having details of packing date, nett contents and rate of product. Such stickers shall be arranged by operator after getting price detail from BPC failing which it may be liable for penalty action by Weights and Measurement act.

h) In case, if any cylinder filled at Plant meets with any accident enroute, in the truck, at the distributors premises, during delivery to customers or at customers’ premises, Operator will render all assistance for investigation and establishing the reasons for the accident. If the reason for such accident is due to non-performance of obligations by the Operator (like cylinder is due for testing, leaky cylinder, etc.), all consequences including financial, legal, etc., shall be borne by the Operator.

i) If negligence is found due to non-adherence of SOP by the contracted workmen/officer, Operator needs to take suitable action in order to avoid repeated incidences in future.

Storage of Filled and Empty LPG Cylinders

a) If there is no truck availability for loading of good filled cylinders, the cylinders shall be stacked in the Filled Cylinders Storage Shed within the earmarked place as per rules prescribed.

b) In no case, cylinders not qualifying for despatch to markets should be allowed to be stacked in this Shed. If any such cylinders are found during inspections by BPC/statutory authorities, Operator shall be responsible for all actions taken by statutory authorities. There shall also be damages levied by BPC, as mentioned in relevant section of this tender document.

c) Cylinder stacking shall be always in order and in proper stack and within the designated area as per applicable OISD std. All filled cylinders should be stacked in capped and sealed conditions.

d) All empty cylinders should be stacked in capped condition with proper identification/segregation mark.

Cold Repair of cylinders

The Operator shall carry out cold repair of defective cylinders as follows, at the place designated for the activity:

Pin leak: Evacuation of product, depressurization and replacement of valve

or VCM operation

Bung leak: Evacuation of product, depressurization, removal of valve, cleaning

the bung threads and re-fixing the valve or VCM operation.

O-ring leak: Replacement of O-ring

Page 18: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

18

Body leak: Evacuation of product, depressurization, removal of valve,

degassing and segregation as scrap with proper identification mark

and record

Bend Foot ring

and/or Stay plate:

The bend parts of such cylinders need to be straightened with the

help of the machine provided for the purpose.

In all cases, SC valves required will be provided by BPC. All other consumables like Teflon

tapes, etc., to be provided by Operator. 3) STATUTORY PRESSURE TESTING & PAINTING OF CYLINDERS

Plant is provided with equipment for statutory pressure testing and painting of cylinders. Operator will execute mandatory testing and painting of cylinders at the Plant. Any deviations in this respect shall be promptly brought to the notice of BPC. After completion of each batch of cylinders, final certification of quantity and acceptance to filling shall be done as per IS 16054.

In case of spare capacity, BPC, at its option, may send cylinders due for mandatory testing from

its other Plants to Baitalpur LPG Plant of BPCL. Operator should maintain the gate records and

stock accounts for all such cylinder movement into and out of the Plant. Only Primer and Paint will be supplied by BPC. The operator must ensure at least 350 Cylinders

are painted using one 20-l drum of Paint and One 20-l Drum of Primer. Other consumables

required for the said job needs to be provided by operator. The certificate of the Pressure

tested cylinders needs to be signed by mechanical engineers as per the guidelines given in gas

cylinder rule 2016. Maintenance of the equipment for the cylinder testing/ painting activity

shall be in the scope of Operator. The party would be paid based on the contracted rate for

pressure-testing of cylinders and the actual number of cylinders pressure-tested.

4) RECEIPT OF NEW CYLINDERS/REGULATORS/VALVES FROM MANUFACTURERS

a) Operator shall receive new equipment including LPG cylinders, domestic pressure regulators, SC valves, caps, seals, any other material/equipment from manufacturers and store them as per guidelines of BPC.

b) Inspection/ Quality control checks shall be carried on all such received material/equipment as per BPC’s procedure mentioned in SOP and necessary records to be maintained.

c) Any equipment falling within the guarantee/warranty period shall be separately stored and promptly intimated to BPC for claiming replacement from Manufacturers.

d) Samples, in required numbers, of new Cylinder, Valve, Regulator & other consumables etc. are to be sent to LERC, Bangalore, as advised by BPC

5) HANDLING OF DOMESTIC PRESSURE REGULATORS

a) Operator shall facilitate to receive and store the new regulators and valves supplied by

manufacturers and defective regulators returned by distributors. Operator shall facilitate to deliver the new regulators to BPC distributors as per BPC’s advice in that regard. Proper records shall be maintained by the Operator for the regulators and valves received, stored and dispatched and the balance stock at the Plant. Defective equipment shall be stored and accounted for separately.

Page 19: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

19

b) Defective Regulators returned by the distributors shall be checked for defects as per BPC’s standard procedure and then only accepted. Any regulators becoming defective within warranty period shall be stored separately and all assistance provided for claiming replacement from manufacturers.

c) Spurious/non-BPC regulators shall be immediately reported to BPC Officer and necessary action taken as per his advice. Proper records with acknowledgement from Parties bringing such regulators shall be maintained. Based on BPC’s advice, necessary debit notes will have to be raised by the Operator. In case of any unaccounted regulators with no proper records, Operator is liable to applicable damages at prevailing penal rates.

6) SALVAGING OF CYLINDER VALVES & CAPS

a) Defective Valves generated in the Plant shall be salvaged by the Operator as per BPC’s

standard procedure. Good valves shall be reused and rejected valves stored separately.

b) All such cylinder valve caps with damaged threads and hand clip shall be segregated and re-threaded /re-clipped with approved quality thread in prescribed length, so that the same can be reused. Operator has to purchase the thread and clip for salvaging of the caps at no extra cost.

c) Any defective valves within warranty period shall be stored separately and reported to BPC for claiming replacement from Manufacturers.

7) SCRAP DISPOSAL

a) Any scrap generated in the Plant shall be the property of BPCL. Party should stack all scrap

material at designated area and maintain the details of scrap with reasons for rejection.

b) Handling of scrap, including crushing of cylinders/regulators/valves shall be done by the Operator as per BPC’s instructions and in line with existing statutory norms. Disposal of scrap will be done by BPCL and necessary arrangement for disposal shall be provided by Operator.

c) Operator to ensure degassing of cylinder identified to be declared as scrap. The facility /

equipment for de-shaping of cylinder and crushing of valve /DPR will be provided by BPCL

and all arrangement for de-shaping /crushing will have to be arranged by operator at no

extra cost. 8) OTHER ACTIVITIES:

In addition to the above listed works, Operator will have to carry out the following activities:

To maintain daily despatch plan versus actual despatches made

To issue/receive cylinders/regulators to/from the distributors and maintain the records as per BPC’s procedure.

To maintain security related documentation including gate passes for material, visitor’s passes, stock records for ware house items, etc.

Monitoring of Packed VTS implementation and analysis of data on day to day basis and information of anomalies in Packed Lorry based on VTS data to BPCL Officer on daily basis.

Any other activity connected with Plant operations, as advised by BPC from time to time

Page 20: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

20

While the main activities pertaining to LPG Plant Operations have been listed above, allied

activities to be carried out as part of the Contract, and role of the Operator thereon are as

follows:

Inspection of Tank Trucks & Packed LPG Trucks

Pre-inspection of all TTs/Trucks which are to be loaded in the Plant has to be carried out by the

Operator. These checks/actions include the following:

Validity of Explosives license Provision of safety fittings as per OISD checklists. Whether the vehicles are fitted with CCOE approved spark arrester Avalilabity of at least 2 nos. 10 Kg DCP Fire extinguishers in working condition, with each

Truck/TT Checking overall fitness of Truck/ TT for loading/carrying Petroleum Products. Initiation of action against defaulting TTs/Trucks as per Industry Transport

Discipline Guidelines (TDG) in consultation with BPC Officials To ensure that all crew are having Police Verification Certificate & proper gate pass for

entry in the Plant. Whether the vehicles are properly painted as per the branding scheme of BPC. To ensure that all the TTs/Trucks are complying with the Terms & Conditions laid down

in the Transport Contract Agreement and any other guidelines as stipulated by BPC from time to time.

Any other checks that may be required to ensure safety & security Calibration & Stamping of Equipment

Calibration and stamping by Legal Metrology Department (wherever required) of the following equipment is included in the job scope:

Filling Scales

All types of Weighing Scales including Check Scale, Adjustment Scale, SQC Scale and any other Weigh scales provided and used for the operations

Weigh bridge

Dead Weights

Any other equipment requiring certification by Legal Metrology

All the cost involved for calibration and stamping shall be borne by the Operator. If any

measuring/weighing equipment is not working/ idling/ not in use for delivery/ measurement,

exemption from W&M Dept to be obtained by the Operator. Stamping Fee made to statutory

bodies for calibration/stamping shall be reimbursed by BPC against production of receipts.

Penalty and/or interest, if any, on this account will be borne by the Operator.

LPG Stock Loss Measurement

Stock loss of LPG will be calculated in MTs as per BPC’s standard procedure. All stock accounting will be primarily on the basis of tank gauging and physical inventory of filled cylinders. All details to be provided to Planning officer to be uploaded in SAP. Daily closing of all tanks and cylinder inventory (SLoc wise) shall be done in SAP by Planning officer. Closing of tanks shall always be done as per SOP.

The Operator shall carry out proper accounting of receipts and dispatch of product on daily

Page 21: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

21

basis along with proper reconciliation of the stocks. The stock loss will be with reference to the products received in the storage tanks based on the tank dips or gauging. A typical example of stock loss calculation in percentage will be as under:

Opening stock as on first of month (including packed) = 50 MTs

Receipt during the month = 50 MTs

Op stock + Receipt = 100 MTs

Deliveries during the month (bulk + packed) = 70 MTs

Book Balance (Opening stock + Receipt - Deliveries) = 30 MTs

Actual Balance incl bulk + packed stock (say) = 29.5 MTs

Loss = 0.5 MTs %age loss = Total Loss in MTs X 100

Opening stock + Receipt in MTs

= (0.5 MT X 100)/100 MT

= 0.5 %

The operating stock loss includes all losses i.e. loading loss, storage loss, unloading loss, handling loss, leakage loss, loss due to theft, etc.

Operator will closely monitor the stock loss & ensure that there are no losses on account of Operations. Any loss shall be borne by the Operator and any gain shall be the property of BPCL. Operator has to monitor stock loss on daily basis and stock loss report shall be sent by the Operator to BPC on daily basis. However, for determining the performance of the Operator, stock loss/gain will be calculated in terms of unit in MTs on monthly basis.

For any loss, BPC shall recover the cost of the product value @ ex-MI price of the product at the Plant as on last day of each month. For example, value of the product loss for volume handled during Dec 2017 will be calculated based on Ex MI price of the product at the Plant (Basic price including Customs/Excise duties & other taxes) prevailing as on 31st dec’17. Gains if any, calculated on monthly basis shall be to BPC account, without any financial implication.

Variation in Stock of Cylinders/Regulators/Valves etc.

On the basis of reports and statements submitted by the Operator, BPC shall verify the stock of following items on monthly basis:

i) LPG cylinders ii) Regulators and valves iii) Cylinder consumables iv) Any other items that are in BPCL’s scope of supply

For ascertaining the correct physical stock of the above-mentioned items, a joint inspection

by BPCL’s Representatives and the Operator shall be conducted on monthly basis. The

physical stock shall be reconciled with the book stock of each item. In case any

variation/shortage of LPG Cylinders, regulators, valves and other items supplied by BPC are

observed, BPCL shall raise debit note on the operator as per prevailing penal rates. Current

penal rates are as below:

Page 22: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

22

Description Penal Rate

Cylinder - 5.0 Kg 700/-

Cylinder - 14.2 Kg 2300/-

Cylinder - 19.0 Kg with SC Valve 2550/-

Cylinder – 35.0 Kg with SC Valve 5100/-

Cylinder – 47.5 Kg with SC Valve 6450/-

Cylinder – 19.0 Kg with LOT Valve 4800/-

Cylinder – 35.0 Kg with LOT Valve 7350/-

Cylinder – 47.5 Kg with LOT Valve 8700/-

SC Valves 265/-

Regulators 250/-

LOT Valves 2250/-

These penal rates are likely to be revised from time to time which will be communicated to the Operator as and when revision takes place. The penal rates applicable would be as per the guideline prevailing at the time of debit. Operator shall pay the amount specified in the debit note within 15 days of receipt thereof, failing which, amount will be deducted from pending payments.

Any Spurious/non-BPC equipment, for which no proper records showing acknowledgement by BPCL are available, will also be charged at the applicable penal rate for respective equipment. Such equipment will be confiscate by BPCL and Operator shall not have any rights on the same.

9) BATTERY LIMITS / POINT OF RECEIPT OR DELIVERY

In order to establish the responsibilities for receipt/despatch of Product/equipment by/to the Operator, following will be considered:

For Receipts:

In case of receipt by Truck/TT, upon the vehicle entering the Plant premises and acknowledgement given by Security/Plant personnel, for product/equipment receipt.

For Deliveries:

Product/equipment is deemed to have been delivered to BPC after the equipment/Truck/TT goes out of the Security main gate with proper documentation.

10) CAPITAL ASSETS INVENTORY

Inventory of capital assets provided by BPC is to be maintained as per required format. Asset

Master will be signed and taken over by Operator at the beginning of the contract. Asset

reconciliation should be done and sent to BPCL on quarterly basis. For e.g., for the quarter

ending September, statement should be sent to BPC by 15th October. Any loss/shortfall of

fixed assets will be debited to the Operator at cost of replacement of the asset. All asset

numbers should painted on respective Assets and maintained in spic and span conditions

including painting of assets if required. 11) RECORD KEEPING, DOCUMENTATION & REPORTING

Operator has to maintain all necessary documentation and records, registers, Inventory registers, Bank statements, or any other documents as advised by BPC from time to time as per

Page 23: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

23

the formats supplied by BPC. Operator has to submit Daily reports, Weekly reports, Monthly reports, Material reconciliation reports and all other documentation as advised by BPC from time to time. Such of these reports as enlisted below and also as advised from time to time shall be submitted on a periodical basis to BPC. All reports submitted to BPC shall be in hard and also in soft form.

Daily: Cylinder Movement Reconciliation Statement

Bulk LPG Stock loss Statement Production Statement

Monthly: MIS Report covering all aspects of Operations & Maintenance

Safety Report Fire Drill Reports Inventory Report

Quarterly: Safety Committee Meeting Report

Quality Committee Meeting Report Real Time Safety Assessment of the Plant

Half yearly: Half Yearly statutory Returns Self Audit as per OISD standards

Yearly: Consolidated Performance Report Annual statutory Returns

Periodic: OISD & ISA Audit Compliance Report

Electrical Audit & Compliance Report Energy Audit & Compliance Report Incident Reports Safety report and safety audit as per factory act

All month ending documents (as advised by BPC) must be submitted to BPC by

1700 hrs of the First day of the following month. Even if the first day of the month is a

Holiday, month ending documents have to be submitted within the time mentioned.

Initially, BPC will hand over the policy/guidelines circulars to the Operator, BPC will also

provide their policy circulars to the Operator from time to time. Operator has to follow the

procedures & guidelines laid down in such circulars. 12) WATER & ELECTRICITY

Facilities are provided for drawing Utilities like power, water as per the requirements. Initially,

all the water storage tanks (Drinking water, Service water & Fire water tanks) will be filled up

by BPC and handed over to Operator. Subsequently, day-to-day requirements & maintenance

of Facilities (including daily replenishment) will have to be carried out by the Operator, with

the help of bore-well provided. In case of no yield from the bore well, suitable solution shall be

explored and implemented in consultation with BPCL and if water has to be purchased from

outside, additional cost incurred shall be reimbursed solely based on the decision by BPCL.

The electrical connection will be in the name of BPCL and any deposits to be paid to

Page 24: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

24

government will be borne by BPCL.

However, payment of electricity charges shall be borne by the Operator. This would include charges for electricity consumption, any penalty imposed due to improper maintenance of electrical systems, delayed payment charges, duty on Electricity generated through DG set etc.

Additionally, Diesel as well as all other consumables required for running of DG set/Fire Engines will be under the scope of the Operator. Operator shall maintain daily log book for DG set and Fire engines as per BPCL format giving full details of opening and closing readings, time etc.

The Operator will maintain a daily log book on Power Factor and ensure that it is not lower than stipulated PF. Operator will take all precautionary measures to optimize the Electricity/ Diesel consumption/water consumption of the Plant. Any penalty incurred due to low power factor shall be to the account of the Operator.

Operator shall also ensure that all Capacitor banks, VFD, ILC and other energy saving devices are in full working condition to reap benefit in electricity saving. BPCL shall verify the records and carry out surprise checks to see that above energy saving devices are in working condition.

In case of any abnormal variation in Electricity consumption for captive power consumption for any month of operation, the same shall be thoroughly investigated by Operator and furnish the reasons for such abnormal variation to BPC. Based on the analysis, Operator shall take corrective steps to avoid recurrence of such abnormal variation in Electricity consumption in future.

13) SAFETY OF THE PLANT

All fire and safety measures shall strictly conform to the statutory regulations and as per OISD/ International/ BPC standards. The HSSE policy of BPC shall be fully complied with.

The operation and maintenance of Plant shall be as per all statutory regulations and it shall be the responsibility of the Operator to comply and ensure the same.

Initially, BPCL shall provide all PPEs (Personal protective equipment’s) as per OISD standard (latest amendment). Operator shall maintain these PPEs in good working condition and replenish the same, if required, if any during the period of the contract. All personnel working in the operating area must use proper PPEs.

All people working inside Installation shall be provided with safety helmets, safety shoes, goggles, gloves etc., which shall be worn by the workmen while performing work and people working at elevation more than 3 meters high shall always be provided with safety belts at Operator’s cost.

Appropriate Permit system shall be followed for Cold & Hot works, electrical isolation, working at heights as per OISD 105 shall be followed.

All Supervisors are required to be positioned by Operator as per Factories Act/ any other statutory requirement. He should possess the required safety certification as per factory act.

The Operator shall ensure and cooperate for the Following activities

The Operator shall ensure that the Health, Safety, Security and Environment (HSSE) policy & requirements are clearly understood and faithfully implemented at all levels at site. Necessary training on safety will be imparted by operator to their employees at their own cost.

The Operator will arrange suitable first aid measures, such as First Aid Box and trained personnel to provide First Aid. At least 30% of Operator’s staff working in the Plant should

Page 25: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

25

possess necessary certificate for First Aid Training.

No person should carry matchbox, lighter or any other material, which may cause fire/spark inside the Plant.

Non-conformity on HSSE by Operator (including his Sub-contactors) as brought out during review / audit by BPC representative shall be resolved forthwith by Operator. Compliance report shall be provided to BPC.

The Operator shall ensure holding of periodic Safety Committee / HSSE Committee meetings/ Safety / Quality circles as per statutory requirement /policy of BPC. HSSE officer should be involved in the meeting. Minutes of such meetings to be provided to HSSE Officer by the operator.

All operators must be provided training as per OISD 154.

Fire drills have to be conducted on monthly basis, ERDMP drill to be conducted on quarterly basis and DCMP mock drill to be done on half yearly basis & records to be maintained as per BPC’s format. The drills shall cover all areas in rotation and occasionally, they are to be conducted in idle shift also. Reports along with photographs to be submitted to HSSE Officer of BPCL. Also the Operator needs to participate in the Offsite drills as and when conducted by the Collector.

After every fire drill, participants will have to be explained about the deficiencies observed during the drill.

Incident Reporting: A team of Operator’s senior personnel shall investigate all serious/reportable accidents and other personnel accidents for root cause & recommend corrective and preventive actions. Findings shall be documented and suitable actions taken to avoid recurrences shall be communicated to BPC. BPC shall have the liberty to investigate independently and the Operator shall extend all necessary help and co-operation in this regard. A report as required, must be sent to appropriate authorities including OISD, PESO, Factory Inspector & HSSE officer of BPCL.

All near miss incidents and unsafe conditions at work area must be reported to BPC officers.

As indicated above, smoking inside the Plant premises is Strictly Prohibited. It shall be the Operator’s responsibility to strictly adhere to the above requirement. Severe action will be taken on persons violating BPC Fire & Safety Regulations.

Where contact or exposure of hazardous materials could exceed limits or could otherwise have harmful effects, appropriate personal protective equipment such as gloves, goggles, aprons chemical resistant clothing and respirator shall be used.

Hot work/Cold works, working at height inside the Plant is to be carried out as per OISD guidelines & necessary permits will be issued by the designated BPCL official.

Handling of Emergencies: Operator has his staff would endeavour to handle and limit the damages to BPC property that can be caused due emergencies such as LPG leakage, fire etc., on best effort basis.

14) SECURITY OF THE PLANT

Operator will ensure proper security of the Plant at all times by engaging the security services at his own cost, and shall deploy adequate numbers of security guards of DGR approved Security agency.

Page 26: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

26

All security guards/supervisor in the Plant should submit Antecedents verified certificate

from police. No security guard /supervisor should be more than 55 years. A total 16 number of Security guards including Two supervisor (1st & 2nd shift)and one gunman for night shift should be deployed to manage three shifts, who shall carry out the basic duties of safety & security, like visitors control, frisking, patrolling, stock checks, counting of cylinders, usage of Access control system etc. Operator has to ensure that effective reliving system for security guards is available to cover weekly off,leaves,holidays and also to cover prolonged duty of security personnel beyond each shift. BPC reserves the right to demand more number of security personnel, depending on the requirement, and Operator is obliged to provide the same.In such case,the cost of additional guard i.e over and above the 16 numbers on any given day, will be paid extra as per the actual DGR Rate prevailing at that time.

No unauthorized persons should be allowed in the Plant. Continuous patrolling of the Plant has to be carried out during day & night time.

For security purposes, Tell tale clock, Night vision binoculars, DFMD (Door frame metal detector), HHMD (Hand held metal detector) and other security gadgets will be provided by BPCL. Maintenance of these equipments will be the responsibility of Operator.

Security personnel must frisk all persons entering into the Plant. They will also maintain the records of persons entering the Plant as per register & policy in vogue in BPC. Access Control System (ACS) through smart cards will be provided by BPCL. Operator must ensure that ACS is properly maintained & all persons enter the Plant through ACS only. No persons should be allowed to enter in the Plant with matchbox, lighters or any other equipment, which may cause spark/flame. If required, Operator may have to deploy female security guards for frisking woman employee/contract labours/visitors.

Wherever the Company has provided CCTV, continuous monitoring of CCTV footage has to be carried out by security personnel. Recording of CCTV footage up to minimum prescribed history shall be preserved and made available as and when required by BPCL.

The Operator shall furnish daily, weekly, monthly, quarterly reports to BPC as required & communicated to them from time to time. No personal vehicles of visitors are to be allowed to enter into the Plant. All such vehicles have to be parked outside the Plant in the parking space.

Operator will ensure that all the persons working in the Plant must be provided with Photo Identity card. For this purpose, all operators shall be advised to submit the details of their workmen along with the Character & Antecedents (C&A) verification by local police.

Truck crews entering in the Plant must also possess ID cards. BPC shall ensure that all Operators shall submit list of authorized truck crew along with Police verification to the Operator. Visitors entering in the Plant must be issued Visitors’ pass. For any visitor, other than regular operators working in the Plant, specific approval has to be taken from BPC’s resident Manager for entering into the licensed premises.

The Character & Antecedents (C&A) of drivers & helpers entering in the Plant should be verified before allowing them to enter into the Plant.

Security personnel deployed in the Plant must have training as per OISD 154 on fire fighting, use of equipments, operation of fire hydrant pumps, valves, monitors etc.

Updated Important telephone numbers should be available & displayed in the Security rooms, administrative buildings and other.

Page 27: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

27

The Operator needs to deploy the Security Guards at Unloading, Loading and at B gate for counting of the cylinder

Each day at the end of the shift the total stock needs to be checked and it is to be informed to BPCL officers.

15) HOUSE KEEPING,CANTEEN & GARDENING:

The Operator shall keep the Plant premises, TT parking area and its surroundings in a clean and hygienic condition. The Operator shall not dump any material or any scrap both inside the premises and outside the allotted area, which will affect BPC’s Plant ambience.

Operator will be responsible for the upkeep of the Plant, including Tank Farm, Office building, Roads & all other Facilities with a defined daily, weekly, monthly routine & maintain the records. Operator will maintain the Garden, landscaping, etc., at the Plant.

The Operator shall engage a Professional Agency to carry out housekeeping job. Operator should ensure that mechanized cleaning is engaged, wherever possible.

The operator shall maintain existing garden, lawns by doing regular watering and putting manure, lawn moving etc. Also he has to maintain any new lawns/garden developed during the contract tenure. It is the operator’s responsibility to keep the Plant Greenery in a good condition.

The Operator shall run the canteen on day to day basis. The Operator needs to Purchase all the materials including Utensils,Gas, rawmaterial and water to run the canteen, BPCL will provide only basic infrastructure like gas stove, seating arrangements and canteen room. Operator need to provide the canteen services to BPCL officials on chargeable basis on rate as agreed between both the parties.

16) HSSE RELATED ISSUES AND SAFETY CERTIFICATIONS

Operator shall ensure that all the activities carried by him shall be in alignment with HSSE policy of BPCL.

Operator will arrange for health check-up for their employees as per HSSE policy of BPC and/or as per Factory Rules applicble .

All wastes & effluent generated in the plant shall be collected and disposed off at the location so as to avoid any Environmental hazard. In discharging the effluent water, Operator must follow the Pollution Control norms. The water samples must be tested for oil/toxic material content in the approved Laboratory & maintain the records as per BPC’s formats. Plant is provided with Effluent Treatment Plant (ETP), operation and maintenance of the same is in Operator’s scope. STP is also provided and Operator should ensure its operation as per the norms.

17) INSPECTION BY STATUTORY AUTHORITIES

BPC or his authorized representative will have right to enter and inspect the Plant at any time and the Operator or his staff would be bound to share all information and records pertaining to products/material/assets & their stock, practices, procedures, etc., as & when considered necessary. BPC will have right to make, demand copies of all records, files, documents, etc. Operator or their personnel will not obstruct BPC Officials from carrying out such inspection & extend all required co-operation. BPC officials or their authorized representatives may also carry out QC checks on cylinders for checking the quality.

Page 28: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

28

Operator will also allow access to Govt Auditors, OISD/ PESO authorities or any other statutory authorities for inspection of Facilities, products, records, stocks, etc., as & when required. Operator has to ensure necessary compliance to the points raised in the audits/inspections, within mutually agreed time frame. In case the points involve major alterations/provisions of infrastructure, the same shall be responsibility of BPC.

18) LICENCES/ MANUALS/ INFORMATION

BPC will also provide one set of their manuals such as operations manuals (SOP), safety manuals, All QC manuals, Maintenance manuals etc. (Details of Important Manuals are given in Schedule –B).

19) ERP/SAP DOCUMENTATION

Operator’s employee need to carry out all the applicable business process / transactions through restricted SAP authorizations in BPC’s ERP system (SAP) regularly and promptly without fail as per the laid down procedures in LPG plant. BPC will provide ERP/SAP Connectivity. Necessary authority to operate ERP will be given to the Planning Assistant. Operator must ensure that only those persons, who are well conversant with the ERP/SAP software, operate the same. In case of any issue, they have to coordinate with SAP helpdesk or put up service request in information service desk portal through BPCL Officials. No unauthorized person will be allowed to operate ERP. Necessary training to operate BPCL’s SAP software will be imparted to concerned person nominated by Operator.

In case of any connectivity/network issues, operator employee has to coordinate with BPC Officer/ERPCC etc. and ensure uninterrupted operation at LPG plant. Operator has to ensure smooth Business process flow through system for all LPG receipt dispatches, stock reconciliation etc. and any other periodic transaction.

It will be the responsibility of operator to immediately remove access to SAP of his employee(s) who have been dismissed /resigned / transferred from operator’s payroll or intimate BPCL regarding such removal/ dismal /resignation/transfer of their employee to whom SAP access was previously granted.

20) HOSPITALITY & SAFEKEEPING FOR OTHER OMCs

BPC may enter into a separate Agreement with OMCs on Hospitality/Safe Keeping

arrangements of products. In such cases, it shall be obligatory on the part of Operator to

honour such Agreements. Operator has to carry out all the activities of receipt, storage &

delivery of products on behalf of OMCs as per the terms & conditions of the agreement

between BPC & OMCs. Necessary documentations & other related jobs/records as per the

terms of agreement have to be carried out by Operator without any additional cost. Payment

to the Operator for rendering hospitality to OMCs will be done by BPC at the contracted rates

against this Tender. The quantity for all such hospitality bottling will be considered in overall

bottling quantity for the purpose of calculation of minimum guaranteed throughput or annual

slab the assessment of annual throughput / quantity.

21) DEPLOYMENT OF VEHICLE BY THE OPERATOR:

The Operator shall deploy a vehicle during the Contract duration and shall be made available

as per operational requirement. The vehicle preferably be a hard covered body suitable for

Page 29: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

29

taking materials and manpower, and shall be fitted with safety accessories as per the guidelines

of BPC. However, in no case, Petrol, Battery and Gas driven vehicle should enter into licenses

premises of plant.

22) MAINTENANCE OF EQUIPMENT AND SITE GENERAL FACILITIES:

The Operator shall carry out all maintenance works inside the Plant as required in order to maintain all Plant & Equipment, Facilities in good working condition at all times. Operator has to arrange for Annual Maintenance Contract (AMC) for the following critical equipment only with OEM or the authorized dealer of the OEM

Air Compressors

Fire fighting air Compressor.

LPG Pumps. LPG Compressors.

Hot air sealing system. Firewater Pump sets. DG Sets. Stationary Electronic filling machine.

Vacuum Circuit Breaker.

Weighbridge for Tank Lorry.

Automation of access control, fire fighting,

Evacuation Unit.

Purging Unit.

Cold repairing Machine.

Valve Changing Machine.

Deluge Valve.

The warranty period of the equipment is given as below:

SL

No Equipment Description

Qty Vendor Warranty End Date

1 Fire water pump sets. 3 Flowmore 27.06.2019

2 Fire Engine 3 Kirloskar 27.06.2019

3 LPG Pump 3 Kirloska Ebara 27.03.2019

4 Fire Fighting Panel

1 Honeywell 2 years from SAT(

5 Purging Unit

2 M/s Emrad 6 months from

completion

6 Evacuation Unit 1 Pam System 05.06.2019

7 Hydro testing Machine PT

shed

1 M/s Emrad

6 months from

completion

Page 30: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

30

8 PT shed Air Compressor

1 M/s Emrad 6 months from

completion

9 Automation of plant

1 Honeywell @ yrs from SAT + 5

years CAMC

The AMC of following equipment will be covered by BPCL :

SL No

Equipment Description AMC by BPCL

1 Gas Monitoring System Maintenance covered under Service contract of OEM.

Not to be considered by Bidder for AMC

2 CP System Maintenance covered under Service contract of OEM.

Not to be considered by Bidder for AMC

3

Servo level gauge/Radar level gauge/Pressure transmitter/panels under automation

Maintenance covered under Service contract of OEM. Not to be considered by Bidder for AMC

4

24 Stn Carousal including Valve Leak Detector(VLD), O ring leak Detector (OLD),Dynamic Check Scale(DCS), Vision system.

AMC with minimum spares will be covered by BPCL

All other equipment (except above) need to be considered for AMC from start of the contract. Payment for such AMCs shall be borne by the Operator, including spares and all allied expenditure. Over and above the AMC equipment, if any equipment is under breakdown, then the operator needs to arrange OEM visit for handling the breakdown at his own cost.

Spares: Cost of spares utilized for the maintenance of all equipment shall be in the scope of Operator. BPC shall handover the spares in its possession to Operator. Operator may utilize the required spares as and when required. At the time of handing over the Plant back to BPC, Operator shall replenish the utilized stocks of spares.

BPCL would enter in to the AMC with OEM for periodic maintenance of Carousal, OLD, VLD, DCS and Weight Correction unit. This AMC would also cover the minimum spares. The payment for this AMC would be directly settled by BPCL without any claim on the Operator. However, the day-to-day maintenance of these equipment’s and the spares required for the same and/or not included in the minimum spare list mentioned above shall be in the scope of the Operator.

Operator shall prepare necessary schedules and directly carry out the preventive/predictive/ breakdown maintenance of all other equipments including Motors, Gear boxes, conveyors, pipelines, Valves, Pumps, Compressors, Electrical equipment, Weighing equipment, Instrumentation, etc., through the Original Equipment Manufacturers (OEMs) or their authorized Sales & Service agency. Prior written approval from BPC would be required for engaging any other agencies for the maintenance works.

Supervision and maintenance of the Plant, inter alia will include the following:

Page 31: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

31

i. Regular Maintenance of Plant & Machinery ii. Routine/ Minor repairs

iii. Oiling/ greasing/cleaning iv. Cleaning of various strainers v. Servicing of product/ hydrant valves

vi. AMCs with OEMs for various equipments vii. Patch Painting for rust prevention / propagation viii. Patch repairing of potholes on road/ drive way ix. Repair of mastic flooring x. Civil work repairs Minor painting jobs for maintaining the Plant in Spic and span

condition xi. Any other maintenance activity, as required

Operator shall take up all the preventive maintenance measures in time and ensure that minor

repair jobs do not lead into major works. In case it is found that a breakdown / major

maintenance work has come up as a result of non performance of the preventive maintenance

and / or negligence of Operator, BPC reserves the right to recover the costs so accruing to

repair/restore/replace such equipment/facility, from the Operator.

BPC officials may periodically inspect the maintenance activities being carried out at the

location and advise the operator in case of any improvements to be done, which the operator

has to comply.

Maintenance Checks in the Plant: The routine Preventive & Predictive maintenance jobs that are to be carried out by the

Operator as per the O& M requirement /OISD std. and record of the same shall be maintained.

Please note that the routine maintenance jobs indicated below is only general in nature and is

not exhaustive:

Checking of Pipelines, joints, valves for any leakage etc.

Checking of all Pumps, Motors, couplings etc. Checking of all Electrical fittings & ensuring their flame proof properties. Checking should conform to OISD 124, 119 &127;

Application of oil / grease to all moving parts as per maintenance schedule by OEMs.

Replenishment of oil in Pumps/Compressors

Cleaning of strainers, filters, & other equipments as per QCM/ Policy of BPC.

Periodical maintenance of Transformer & changing of Transformer oil as per schedule.

Checking of all Filling Shed equipment as per maintenance schedules

Checking of loading arms, Metering units, calibrations etc.

Checking of Power factor

Electrical appliances / Instruments – regular maintenance as required.

Checking & Pressure testing of hoses as per schedule.

Periodical pressure testing of Critical & non-critical pipelines.

Checking of Fire extinguishers, fire-fighting hoses, and other fire fighting facilities as per schedule. Checking should conform to OISD 142

Running of fire pumps every day for 15 minutes & maintaining the necessary records.

Periodical grass cutting, removal of dry grass/leaves etc.

Calibration & Stamping of all Weighing equipment including Weigh bridge

Re-calibration and stamping of flow meters through inspector of Legal Metrology, sealing of meters.

All the repairs to the above items are to be carried by the Operator at his own cost

Page 32: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

32

Maintenance works

Operator has to carry out all preventive /predictive /breakdown of the equipment as per

OEM recommended schedule to be carried out by the Operator should be of highest order.

Following requirements are to be adhered to while planning and execution of maintenance

works.

1. All running maintenance/repair jobs required to keep the Plant at maximum productivity level shall be carried out by the Operator.

2. All civil repair works connected with the operation of the Plant need to be carried out by the Operator. Civil works include minor repairs of boundary wall, drains, patch work repairs of roads, buildings, patchwork painting of pipelines, vessels, tanks, valves, buildings, structures, equipment, etc. However, civil work for erection of new additional facilities, if any, will be carried out by BPC.

3. Operator’s scope shall include supply / provision of all consumables like all types of gaskets, gland packing, all types of fasteners, drive belts, drive chains, bulbs, fuses, blades, sand, cement, paints, glue, and other general engineering items of reputed brand approved by BPC.

4. All consumables required for cutting/fabrication, welding/grinding etc., including the required machinery & tools /tackles are within the scope of Operator.

5. Periodic checking of conditions of the equipment through visual inspection and with monitoring tools, lubrication, adjustments etc. to ensure proper performance. The various lubricants, as recommended by OEMs, required for the above shall be purchased by the Operator and shall be used as and when necessary. The Operator shall ensure that sufficient stocks of the lubricant, Transformer oil, etc., are maintained in stock at all times.

6. Carrying out maintenance jobs as and when needed, when problems/defects are noticed without any delay and without affecting the output of the plant.

7. Periodically check/calibrate the various instruments and ensure their proper working.

8. Ensure proper lighting, throughout plant/ area. Provide and replace bulbs, fittings, and choke, fuses etc. of reputed brand approved by BPC. The Operator shall ensure 100 % illumination of all fittings and illumination level as per standards at all times.

9. Operator shall engage specialized manpower for any erection, rigging work; ensure availability of crane for those maintenance jobs where the use of chain blocks, tripods, derrick and other such lifting devices are not practical and safe.

10. The Operator shall be responsible for general housekeeping of the plant premises including roads, drains, cleaning of all the rooms in the buildings, maintaining the culverts including all janitorial services within the plant boundary wall. All consumables required for the work is included in the Operator’s scope of work. Operator must ensure that no vegetation/plants/grass grow in the Plant premises. Any vegetation/grass more than 4” high should be immediately cut by the Operator.

11. For repairing the equipment outside the Plant premises, Operator shall take concurrence of BPC, before taking the equipment out. Transportation of equipment for the repair work shall be the Operator’s responsibility.

12. The Operator’s scope of work includes all planned / unplanned maintenance of all equipments at the Plant.

Page 33: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

33

13. Operator will maintain the garden(s) in the space provided by BPC.

14. In addition to this, the Operator’s scope includes emergency maintenance of plant and machinery during O&M contract period.

15. In case of maintenance borne by operator, all spare used shall be of OEM.

16. Operator should maintain all the IN-OUT material records as per SOP

It must be clearly understood by the Operator that non-compliance of maintenance work

in the Plant will attract consequential damages as specified elsewhere in this document

& BPC reserves the right to recover such damages from the Operator’s running bills and

PBG/SD etc. Further, if BPC had to arrange rescue supplies from other sources due to Plant

breakdown/low productivity on account of improper maintenance/negligence/ non-

performance by the Operator, BPC reserves the right to recover additional cost incurred

for making such supplies, from the Operator.

MECHANICAL MAINTENANCE:

i. Operator has to carry out all preventive/predictive/breakdown maintenance of the equipment as per manufacturer recommended schedule.

ii. Dismantling, cleaning, Inspection of parts and re-assembling of equipment items, components and sub-assemblies like pumps, motors, loading arms, all types of Mechanical equipment, etc as required, repairs/ rewinding of Motors, repairs of valves etc., will have to be carried out by the Operator.

iii. Alignment, lubrication, tensioning of all drives and rotating parts as required from time to time as per the details in the instruction/maintenance manuals.

iv. Periodical checking of Motor-Pump alignment & vibrations in the pump/motor. Timely correction of chain lengths for all chain conveyors, cleaning of soap trays, replenishment of soap water to ensure continuous lubrication of chains, cleaning and replacement of water in Test bath and Washing Units, replenishment of oils in gearboxes, pumps/compressors, etc.

v. Dismantling, servicing and re-fixing of valves of all types & materials of valves including the rubber lining resilient seat changing of valves.

vi. Welding & Maintenance of pipelines.

vii. Welding/replacement of damaged structural/walkways operating platforms gantries etc.

viii. Necessary periodical maintenance checks on all equipment to be carried out.

ix. The equipments taken for overhaul to be cleaned and painted with one coat of required paint as per manufacturer’s recommendations, before fixing back in service and the required painting material shall be in the scope of Operator.

x. The spares given for the purpose of assembly of equipments are to have definite life period during operations. Any failure identified immediately after attending and found to be due to bad workmanship will be viewed seriously and expenditure towards this activity will be borne by the Operator.

xi. Mandatory testing of pipelines, pressure/temperature gauges, SRVs/TRVs in line with statutory requirements and frequency.

Page 34: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

34

xii. Maintenance in LPG areas shall be strictly done with non-sparking tools: Operator shall maintain required type and number of non-sparking tools for the purpose.

ELECTRICAL MAINTENANCE:

Electrical Maintenance to be carried out by Operator as per OISD-137. General electrical maintenance which are required to be carried out on regular basis are listed below:

LT Motors:

Clean the stator body, fan, etc. Tighten the foundation and coupling bolts. Check IR value of windings.

Lubricate the bearing with grease at both ends. Tighten the termination at

cable termination box. Bearing replacements and overhauling.

MCC:

Clean the bus bars. Check the tightness of nuts bolts in joints of bus bars. Check IR value. Check the VCB operation and carrying out necessary maintenance; check the

movement of module by drawing out.

Apply grease on the trolley wheels. Check and tighten earthing connection. Clean, check and tighten Plants in switches, contactors, O/L Relays, PBs,

indicating lamps. Check ON/OFF operation of the module components and circuits. Check

power & control fuses gland-earthing connection.

Cable: Check and tighten the end termination. Check IR value and continuity.

Distribution Boards & PB Station:

Clean the components viz. MCB, PHS switches and fuses. Check the tightness of terminals, earthing and cable termination, ON/OFF

Operations of switches and MCBs.

Check IR value of the electrical components.

Transformers :

Check the condition of Transformer oil Carry out filtration of transformer oil once in a year

Earth Pits :

Maintain all earthing pits in proper condition, check condition of earthing electrode

Check continuity of GI/Aluminum strip from earthing pit to various equipments/structures/tanks/ pumps etc once in a month.

Check resistance value of all earthing pits once every six months and maintain records

Take corrective action wherever earthing value is more than prescribed. In any

case, earthing value of individual earthing pit should not exceed 2 ohms.

NOTES:

1. The Operators scope of break down and regular maintenance shall include the following:

Page 35: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

35

MCC, Distribution boards, Meters, PB Stations. LT Motors. LT Cables. Light fittings. Earth pits.

2. The Operator shall carry out all repairs of electrical panels, motors, pumps, compressors, DG sets, conveyors, Filling Shed equipment, etc. The Operator shall carry out all replacements of parts wherever required.

3. The Operator shall locate and repair cable faults, at his own cost. The Operator shall excavate lay cable and back fill as per BPC standard procedures of cable laying.

4. The Operator shall replace all illumination lamps including tube lights, GLS lamps and MLL lamps, chokes and starters in the lighting system in place of fused one. The Operator shall ensure 100% illumination of the Plant at all times. BPC shall handover the plant with 100 % illumination and further maintenance shall be on the part of the Operator. While handing over the plant back to BPC, Operator shall ensure all lighting in working condition.

5. The Operator shall replace HRC fuses, indicating lamps in the MCCs / Distribution Boards in place of burnt / non-repairable items.

6. Operator will get all Energy audit / Vibration analysis & any other audit / inspection conducted for all rotary & stationary equipments, Electricity & Utilities consumption etc., once within 3 months of start of contract & thereafter once every year but not later than 12 months of first audit.

7. Operator should carry out earthing tests of all earthing pits/places as per OISD standards (OISD 137). It must be ensured that Earthing pits are maintained properly & the acceptable earth resistance values of the grid & individual earth electrodes do not exceed the specified readings (In Ohms) in line with OISD Standards.

8. Operator must periodically check all Flame Proof fittings for their integrity.

9. Monitoring, maintenance and all works required for proper functioning of Cathodic Protection System for mounded vessels.

10. As energy saving measures , BPCL may endure to bring new technology lighting/motors etc at its own cost Operator will make all arrangement for installation of same and further shall maintain . In case operator wish to utilise new technology/ lighting/ motors/ equipments etc. for improvement in efficiency, for operation convenience can do so under intimation and approval of BPCL the changes done for above reasons will be transferred to BPCL during termination of contract or the original condition to be restored at operator own cost/expenses before handing over the site back to BPCL

INSTRUMENTATION:

Instrument Control Panel:

Clean the control room & panels interior and exterior. Check for the tightness of terminals, cable end and earthing terminations. Check fuses,

indicating lamps, switches, PBs, MCBS, etc. Check all safety alarm, annunciation and interlocks for proper functioning. Panel Instruments:

Check the terminals of connections.

Check the function of instruments for zero/span values. Replace the fused bulbs, PBs, recorder charts.

Calibrate the instruments

Page 36: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

36

Field Instruments:

Check the tightness of terminals, cable glands and terminations and earthing studs.

Replace the defective components, if observed.

Calibrate the instruments for zero/span other values recommended by manufacturer.

Servicing, painting and tagging.

Automation - Software Control Checks:

Check that all kind of reports get generated on daily basis thru the system

Data editing/ history archive are generated properly and locked

Check that Antivirus Patch updation has been done by IS group

Verify the healthiness of various communication protocol

Check auto refreshing time for data update (both for Gantry and Tank farm)

Verify that same user can not login on different systems at the same time

Check validation period of passwords

Password shall strictly remain with location-in-charge of operator.

Simulate the alarms from the subsystem & acknowledge the alarm from the system

Maintenance of Data Collection System hardware & software related to Carousel

In addition to above, operator shall coordinate with BPC/AMC vendors to ensure all related hardware/software, PLC, Tank gauging system/ Card reader/ ESD/ UPS//Operator interface computer/printers, etc., are in working condition.

Operator shall use full automation system at all times during operations of the Plant and

the system shall not be bypassed at any time.

MAINTENANCE OF SAFETY EQUIPMENTS:

All safety equipments have to be kept in proper working conditions at all times. Maintenance of safety equipments, fire hydrant system, etc., are detailed below:

Operation of Fire Pumps has to be carried out by a trained person on daily basis for 15 minutes each and records maintained as per OISD-144 Std. They are to be maintained in working conditions at all times.

General maintenance of pumps to be carried for all Fire water pumps, Jockey pumps. Also the water level in the Static Water Tanks need to be checked on regular basis and maintained full.

Checking of Pump strainer condition on quarterly basis and Cleaning/Changing the strainer when they are found choked/ damaged. Job includes opening of bolts, check the medium condition, in case found to be damaged it has to be replaced by new one by cutting, clean the strainer, re-fix the strainer cover by bolts and clear the site. All parts/spares are to be supplied by the Operator.

Fuel tanks of Fire engines are to be kept topped up at all times. Fire engines are to be kept in Auto system so that they start immediately whenever there is drop in pressure in Fire Hydrant (FH) system. Fire pumps are to be maintained in proper condition so as to generate a pressure of 7 Kg per Sq cm at the farthest point in the Plant.

The auto fire fighting facility comprising of fire engine Jockey pump, air compressor, deluge valve, auto sprinkler system and fire hydrant system is provided at the plant. The system is required to be kept in auto mode at all times. There should not be any leakage in fire hydrant system. The fire hydrant system is maintained in such a way that

Page 37: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

37

ON/OFF of jockey pump will be minimum but not less than once in two hours.

Extinguishers of required type and number as per OISD and other governing rules are to be positioned at strategic places as per OISD guidelines. Servicing of the extinguishers shall be done every month & proper records maintained. The weight of CO2 cartridges to be checked every month & to be tallied with the weight mentioned in the cartridge. In case the actual weight is less than 10% of the weight mentioned, the cartridge should be rejected & sent for re-filling. At least 2 FEs are to be randomly tested for their effectiveness every month during fire drill exercise. These FEs are to be re-filled & replaced at their respective position.

(All replacement/ refilling of CO2 cartridges, replenishment of Dry chemical Powder etc are to be done by the Operator at his own cost during the period of contract.)

Fire Extinguishers are to be pressure tested at least once in 3 Years. Painting as and when required, is in scope of Operator.

Fire fighting hoses are to be stacked properly. Leaky fire fighting hoses are to be replaced by the Operator immediately.

All fire fighting equipments used during the drill should be immediately kept back into their respective position after proper drying.

All sprinklers, are to be tested at least once a month & records maintained.

All the hydrant & monitor valves are to be checked by the Operator at least once a month and greased, so as to ensure that valves are free to operate at all times. Patch painting shall be done in case of damage/ discoloring happening due to water dripping.

Operator has to check the working condition of the various types of nozzles like triple action nozzles, water curtain nozzles, fog nozzles, jet nozzles, universal nozzles, etc., is to be done and any items found damaged are to be replaced by the Operator.

Fire hoses are to be maintained as per standard procedures of BPCL. These are to be checked once a month & records maintained. These hoses are to be pressure tested once in 6 months at a pressure of 7.5kg/sq.cm to with stand for 2 minutes with the help of hydro testing pressure pump as per OISD std. Any hoses damaged/rejected for any reason, shall be replaced by the Operator, at his cost.

Operator should check the weight of the cylinder of Breathing Apparatus, and if its weight is less than the specified it has to be sent for refilling and the spare cylinder to be fitted, if its weight is O.K. The cost of refilling the cylinder, if required, is to be borne by the Operator. All components to be checked for their proper functioning. Operator should wear the apparatus either to his or other Operator’s workmen or company employees including the necessary demonstration and/or for checking. Job includes the necessary dusting, cleaning of the apparatus and other related jobs.

Operator shall be handed over certain safety gadgets like Low temperature suit, Fire proximity suit, etc., and maintenance of the same is Operator’s responsibility.

General maintenance of Gate Valves of Sprinkler System and Hydrant system has to be carried out, viz., Greasing and oiling of the gate valves and ensuring ease of operation. Grease and Oil to be provided by Operator.

MISCELLANEOUS JOBS

These jobs include filling of Fire buckets with sand. Necessary testing, servicing & Operation of hand operated sirens to be done. Checking the inventory and positioning of safety helmets, stretcher, butyl gloves, Fire proximity suits, Low temperature suits/ gloves,

Page 38: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

38

resuscitators, etc.,

“The Operator shall have a Maintenance Calendar and schedule as per OISD standards”

The above maintenance works of Fire fighting equipments are only illustrative. Operator will carry out all the maintenance works of fire fighting system so as to ensure safety of Plant & machinery, people, etc.

BPC shall provide the initial inventory to be maintained for safety items as per OISD, like DCP powder, CO2 cartridges, etc. Replacement/replenishment of these items during the contract period shall be to the account of Operator.

BPC may provide any other safety equipments from time to time. Maintenance & checking of such equipments are also to be carried out by the Operator. BPC will provide necessary guidelines for checking & maintenance of such equipments.

Following major maintenance activities shall be undertaken by BPCL at their cost:

Periodic Testing of LPG storage vessels (once in 5 years or as per applicability) Periodic painting of Pressure vessels, Water storage tanks, pipelines, structures, buildings

(once in 5 years) Major repairs of boundary wall/roads/buildings (for e.g., collapse of boundary wall due to

heavy rain/flood, full carpeting of road, waterproofing of bldg etc) Replacement of Power cable/control cables (for e.g., due to up gradation of load, shifting

of electrical equipment etc.) Periodic Electrical Audit, Safety Audit, Risk Assessment, etc. Complete replacement of existing equipment

Periodic Painting of facilities, Equipment

However, any major maintenance which has resulted due to negligence / delayed action by

Operator will have to be carried out at cost by Operator. For e.g., if a small pot hole on road is

not repaired by the Operator in time, leading to major repair, the same will have to be done by

Operator or if any equipment is not serviced timely or parts not replaced in time leading to

major breakdown of the equipment same will have to be done by the operator.

Detailed description of Major maintenance works to be carried out by BPCL is as under:

1. Complete replacement of Carousel centre column including material, labour and all other expenses involved

2. Periodic Testing of LPG Storage Vessels

All activities concerned with mandatory pressure testing and NDT testing of LPG Storage Vessels

Product evacuation, depressurization of Tanks shall be carried out by Operator. BPC’s scope commences from Degassing of Vessels.

After testing, Vessels shall be handed over back to Operator in water filled condition. Taking the Vessels online will be Operator’s responsibility.

Periodic testing of product pipelines and SRVs/TRVs included in Operator’s scope

Any maintenance work, neither attributable nor caused by the acts/negligence of the Operator, and requiring degassing of LPG Storage Tanks shall be in the scope of BPC. All other maintenance works on the Storage Tanks shall be carried out by the Operator.

3. Periodic Testing and Painting of Pressure Vessels, Water Storage tanks, Pipelines,

Page 39: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure I

Terms of Reference

39

Structures, Building etc :

Includes periodic painting to care of ageing and weathering

Patch painting reqd against spreading of rusting is in Operator’s scope

4. Repairs of boundary wall/roads/building etc :

Asphalting/concreting of full road/drive bay.

Repair of boundary wall, drains due to collapse

Total replacement of doors, windows, fans, ACs, etc

5. Repairs of Power cable/control cable:

Replacement of Power cable/control cables, due to upgradation of load or shifting of electrical machinery

6. Periodic Electrical Audit, Safety Audit, Risk Assessment, etc. .

The design related jobs recommended for compliance from above audits will be borne by BPCL. However, maintenance & SOP related, minor jobs to be performed by Operator with no extra cost.

7. Complete replacement of existing equipment, due to general wear & tear, age and other

reasons not attributable to Operator.

However, supervision of such major maintenance works undertaken at the Plant will be

done by the Operator. Necessary work permits (Hot or Cold) as per OISD 105 formats will

have to be issued by the HSSE officer and Territory Coordinator of BPCL.

All other maintenance work of Building, Plant & Machinery, civil/mechanical structures,

Facilities, Furniture / Fixtures, etc., shall be carried out by the Operator including

replacement of spares.

Page 40: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No:1000324937 Annexure II

Bid Qualification Criterion

40

BID QUALIFICATION CRITERION

The bidder can be a Proprietor, Partnership firm or any Company (including an Indian arm of a foreign company) incorporated in India under companies Act, 1956 or 2013 including any amendments thereto. However, Consortium are not acceptable. In-case of JV, the credential should be of JV and not of parent Company.

Such bidders intending to participate for the subject tender shall have to meet the following

minimum requirements for qualifying in this tender. A. CAPABILITY CRITERIA: ABILITY TO OPERATE & MAINTAIN LPG PLANT. :

Vendor should have Minimum One Year experience of operating and Maintenance of LPG Bottling Plant(s) in India having carousel Operation.

“Operation & Maintenance of LPG Plant” mentioned above, shall mean LPG Plant operations and maintenance involving various technical activities viz. receipt & storage of Bulk LPG, Filling LPG Cylinders, Quality & Quantity Checks of Filled Cylinders, Receipt & Despatch of Cylinders, Operation & Maintenance of all Plant equipments and facilities including safety & security of the Plant, etc. The brief work description of “Operation and Maintenance of LPG Plant is :

1. Filling Shed activity involves Filling of various types of LPG Cylinders through

Carousel, Weight checking of filled Cylinders in Electronic Check Scales, Leak tests in OLD (O-ring Leak Tester) & VLD (Valve Leak Tester) and Sealing of LPG Cylinders through Hot Air Sealing Machine.

2. Handling of bulk LPG involves loading / unloading of bulk tank lorries, storage of

bulk LPG in Storage Vessels etc which requires sound knowledge of Pumps, Compressors, Motors, Electrical panel, instrumentation etc.

3. Maintenance of plant & machinery involves scheduling and execution of

maintenance plan for critical equipment viz. LPG Compressors, LPG Pumps, Carousel, Air Compressors, and various electro-pneumatically operated Equipments/machines etc.

Such contract or own plant operation period should not be older than 7 years as on bid submission date. Documents required: The vendor should submit Purchase order copy/Contract Agreement copy/ completion certificate mentioning the period/certified final bill from client in support of above requirement /Audited balance sheet copy where bottling volume is mentioned/Certification of quantity per year from party to whom the services provided by the bidder/any other document giving the dispatch details for the year. (The above Documents should be issued by Owner of LPG Facilities)

Page 41: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No:1000324937 Annexure II

Bid Qualification Criterion

41

B. CAPACITY CRITERIA-PROVEN TRACK RECORD.

Experience of having successfully completed similar works during last 7 years ending last day of month previous to the one in which applications are invited, should be demonstrated by either of the following:

a) Operation and Maintenance of three LPG bottling plants and handled a volume of at

least 40 TMTPA each. or b) Operation and Maintenance of two LPG bottling plants and handled a volume of at least

50 TMTPA each. or c) Operation and Maintenance of one LPG bottling plant and handled a volume of at least

80 TMTPA .

Documents required: The vendor should submit Purchase order copy/Contract Agreement copy/ completion certificate mentioning the period/certified final bill from client in support of above requirement /Audited balance sheet copy where bottling volume is mentioned/Certification of quantity per year from party to whom the services provided by the bidder/any other document giving the dispatch details for the year. (The above Documents should be issued by Owner of LPG Facilities)

C FINANCIAL CRITERIA:

a) Turnover Criteria :

The Bidder should have a minimum average annual financial turnover of Rs 2.26 Crores

as per their audited Financial statements (including Balance sheet and Profit & Loss account) during last 3 consecutive accounting /financial years prior to bid due date.

b) Net-worth Criteria :

The net worth of the vendor should be positive as per the latest audited financial

statement.

“Net Worth” = “Equity + Reserves & Surplus”

Document to be submitted – Audited balance sheets and Profit & Loss account statement of the bidder for the last 3 consecutive financial accounting years prior to the due date of

bid submission.

All the documents required as per BQC point no A,B & C shall be duly verified & certified by approved

TPIA viz. Bureau Veritas Industrial Services / SGS India Pvt Ltd / Germanischer Lloyds Industrial

Services / Indian Register of Shipping / Det Norske Veritas / Lloyds Register Industrial Services / Tata

Projects Ltd / Engineers India Ltd / Project & Development India Ltd / UL India Pvt Ltd / MECON Ltd

/ RITES Ltd. The charges for TPIA certification will be borne by the bidders. Please note that if the party submits the documents without TPIA certification then the bid will be summarily rejected.

Page 42: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No:1000324937 Annexure II

Bid Qualification Criterion

42

BPCL reserves the right to crosscheck the documents/ information so provided and seek additional documents/information. Offers received without the proof for pre-qualification are liable for

rejection without any further reference to the Vendors. Decision of BPCL in this regard is final and binding on the Bidders.

Page 43: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No:1000324937 Annexure III

Instructions to Bidders

43

INSTRUCTIONS TO BIDDERS

1. Interested parties may download the tender from BPCL website (http://www.bharatpetroleum.in) or the CPP portal (http://eprocure.gov.in) or from the e-tendering website (https://bpcleproc.in) and participate in the tender as per the instructions given therein, on or before the due date of the tender. The tender available on the BPCL website and the CPP portal can be downloaded for reading purpose only. For participation in the tender, please fill up the tender online on the e-tender system available on https://bpcleproc.in.

2. Corrigendum/ Amendment, if any, shall be notified on the site https://bpcleproc.in. In case any Corrigendum/ Amendment is issued after the submission of the bid, then such vendors who have submitted their bids, shall be intimated about the Corrigendum/ Amendment by a system-generated email. It shall be assumed that the information contained therein has been taken into account by the vendor. They have the choice of making changes in their bid before the due date and time.

3. To maintain secrecy and security of bids and the data exchanged, the system operates with the

“Digitally signed Certificate” from buyer as well as seller. Data exchanged in the system shall have double encryption which is enabled by a “Digitally signed Certificate”. This ensures maximum possible security and the bids can be viewed only after the tender opening by BPCL / Service provider / participating vendors.

4. As a pre-requisite for participation in the tender, vendors are required to obtain a valid Digital

Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian IT Act from the Licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA), Controller of Certifying Authorities (CCA). The cost of obtaining the digital certificate shall be borne by the vendor.

5. In case any vendor so desires, he may contact our e-procurement service provider M/s. E-

Procurement Technologies Ltd., Ahmedabad (Contact no. Tel: +91 79 4001 6868) for obtaining the Digital Signature Certificate.

6. Directions for submitting online offers, electronically, against e-procurement tenders directly

through internet:

(i) Vendors are advised to log on to the website (https://bpcleproc.in) and arrange to register themselves at the earliest.

(ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance.

(iii) Bidders are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid. If the bidder intends to change/revise the bid already entered, he may do so any number of times till the due date and time of submission deadline. However, no bid can be modified after the deadline for submission of bids.

Page 44: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No:1000324937 Annexure III

Instructions to Bidders

44

(iv) Bids/ Offers shall not be permitted in e-procurement system after the due date/ time of tender. Hence, no bid can be submitted after the due date and time of submission has elapsed.

(v) No manual bids/ offers along with electronic bids/ offers shall be permitted.

7. The entire tender document along with Annexure, Bid Qualification Criteria (if any), Techno-

commercial and other Details, Price Bid as well as all the uploaded documents shall form the part of the tender. Offers should strictly be in accordance with the tender terms & conditions and our Terms of Reference (ToR). Tenderers are requested to carefully study all the documents/ annexure and understand the conditions, specifications etc, before submitting the tender and quoting rates. In case of doubt, written clarifications should be obtained, but this shall not be a justification for request for extension of due date for submission of bids.

8. Bid Security (EMD): i. The bidder shall submit an interest-free Earnest Money Deposit of Rs. 5 lakh (Rupees Five

lakhs only) by crossed account payee Demand Draft drawn on any nationalised/ scheduled bank in favour of “BHARAT PETROLEUM CORPORATION LTD” payable at Mumbai.

OR

Bank Guarantee (BG) issued by any Scheduled Bank approved by Reserve Bank of India (RBI) as per proforma published herewith is acceptable. The BG shall be valid for a period of six months from the due date of opening of the tender.

ii. Bid Security should be submitted in physical form in a sealed cover addressed to LPG HQ boldly super-scribed on the outer cover –

• CRFQ number: 1000324937 • Item: Operation and Maintenance of LPG Bottling Plant at Baitalpur. • Closing date/Time:

It should be dropped in the tender box or sent by Registered Post/Courier to the following address so as to reach on or before the due date & time of the tender:

Bharat Petroleum Corporation Limited, LPG HQ, 5th Floor, Bharat Bhavan II, Currimbhoy Road, Ballard Estate, Mumbai-400001

BPCL will not be responsible for non-receipt of instrument(s) due to postal delay/loss in transit etc.

iii. Cheques, cash, Money Orders, Fixed deposit Receipts, Bank guarantees etc. towards bid security are not acceptable. Similarly, request for adjustment against any previously deposited bid security/Pending Dues/Bills/Security Deposits of other contracts etc. will not be accepted towards bid security.

iv. Bid received without the Bid Security is liable to be rejected. Even if Bidder registered with BPCL,he has to submit EMD.

v. Units registered with National Small Industries Corporation (NSIC) and/or Micro or Small Enterprises (MSE) are exempted from payment of Bid Security, subject to:

• The unit being registered with NSIC for the item tendered.

Page 45: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No:1000324937 Annexure III

Instructions to Bidders

45

• Registration certificate being valid as on date of quotation.

Such bidders must upload a photocopy of valid NSIC Registration Certificate/ Review certificate duly attested by a gazetted officer/notorised, (photocopy of application for registration as NSIC or for renewal will not be acceptable) and/or a valid MSE registration with any notified body specified by Ministry of Micro, Small and Medium Enterprises, failing which such bid will be treated as bid received without bid security and liable to be rejected.

vi. Registration with DGS&D will not entitle the bidder to claim exemption from payment of Bid Security.

vii. Bid Security is liable to be forfeited and/or bidder is liable to be put on a holiday list of up to 1 (one) years in the event of:

i. Withdrawal of offers during the validity period of the offer. (Refer clause no. 12 of this Annexure)

ii. Non-acceptance of LOI/order, if and when placed.

iii. Any unilateral revision in the offer made by the bidder during the validity of the offer.

iv. Non-submission of Performance Bank Guarantee against LoI and/or non execution of the Contract Agreement (in the prescribed format) within the stipulated period of 15 days from date of LoI/Order.

viii. Bid Security shall be refunded to the successful bidder after he submits the Performance Bank Guarantee.

Bid Security shall be refunded to all the unsuccessful bidders after finalization of order on the successful bidder.

9. Bidders are required to complete the following process online on or before the due date of closing of the tender:

A. Techno-Commercial bid

a. Accept the contents of the following annexure barring deviations notified in the form provided for this purpose:

(i) Terms of Reference - Annexure I (ii) Terms and Conditions of the Contract - Annexure IV

b. Accept the contents of the following annexures in toto by clicking on the button provided on the screen below each one of them:

(i) Instructions to bidders - Annexure III

c. Proforma of Integrity Pact (IP) has been uploaded as Annexure V of tender documents duly signed on all its pages by BPCL “FOR THE PRINCIPAL”. Bidder shall be required to download and print it such that it is legible. All pages of the printed copy of IP should be duly signed by the authorized signatory and stamped all the pages, with two witnesses name, address & signature and place & date. Thereafter, that copy should be scanned and uploaded by bidder along with other bid documents. This document is essential and binding.

d. Online fill in information in the Credential Information Form, Technical Information Form and Declaration form.

Page 46: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No:1000324937 Annexure III

Instructions to Bidders

46

e. Upload the following documents:

(i) Document covering Past Experience, with covering note, in support of Experience criteria.

(ii) Copies of Audited Balance Sheet and Profit & Loss Account statements for the last available three (3) consecutive accounting years prior to the due date of bid submission.

(iii) Integrity Pact duly signed and witnessed.

(iv) A valid NSIC Registration Certificate [if applicable]

(v) Copy of the certificate stating that the bidder is a Micro and Small Enterprises (MSEs) [if applicable]

(vi) Copy of PAN Card

(vii) Certified copies of Partnership Deed/ Memorandum & Articles of Association & Certificate of registration with the Registrar of Companies’ (if applicable).

(viii) Authority letter and power of attorney in favor of constituted attorney (if applicable). Labour Registration Certificate.

(ix) EPF Registration Certificate.

(x) ESI/Workmen compensation Registration Certificate.

All the supporting documents should be legible and duly signed and stamped before uploading them online.

f. Additionally, bid security [if applicable] has to be submitted in physical form.

B. Price bid

Online fill in the quotes in the price bid form provided. Please ensure to quote all the price-components specified therein failing which your bid shall be summarily rejected.

The quoted price shall be inclusive of all Taxes, Duties, Overheads,GST etc.

For bidding it is suggested that bidders should not wait for last date/ tender due date for their bid preparation as several documents are to be uploaded in the offer and prices are to be entered on screen for all items. There is a facility to keep the bid ready in the system for final submission, however bidders are requested to keep sufficient time margin with them for modifications, connectivity issues etc.

10. If the vendor intends to change/ revise the bid already submitted, they shall have to withdraw their bid already submitted, change/ revise the bid and submit once again. However, if the vendor is not able to complete the submission of the changed/ revised bid within due date & time, the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention. The process of change/ revise may do so any number of times till the due date and time of submission deadline. However, no bid can be modified after the deadline for submission of bids. Once the entire process of online bid submission is complete, bidders will get an auto mail from the system stating they have successfully submitted their bid in the following tender with tender details.

11. No responsibility will be taken by BPCL and/or the e-procurement service provider for any delay due to connectivity and availability of website. They shall not have any liability to bidders for any interruption or delay in access to the site irrespective of the cause. Vendors are advised to start filling up the tenders much before the due date/ time so that sufficient time is available with him/ her to get acquaint with all the steps and seek help if they so require. It should be

Page 47: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No:1000324937 Annexure III

Instructions to Bidders

47

noted that the bids become viewable only after opening of the bids on/ after the due date/ time. Please be reassured that your bid will be viewable only to you and nobody else (including E-Tendering Service Provider as well as BPCL Officials) till the tender is opened. BPCL and/or the E-Procurement Service Provider shall not be responsible for any direct or indirect loss or damages and or consequential damages, arising out of the bidding process including but not limited to systems problems, inability to use the system, loss of electronic information etc. No claims on this account shall be entertained.

12. Bid Validity: Tender submitted by bidders shall remain valid for acceptance for a period of four months from the date of opening of the tender (Technical Bid in the case of two bid). The bidder shall not be entitled during the said period of four months, without the consent in writing of the Owner, to revoke, or cancel his tender or vary the tender given or any term thereof. In case of bidder revoking or canceling his tender, varying any terms in regard thereof without the consent of Owner in writing, appropriate penal action will be taken by BPCL as deemed fit including putting the bidder/operator on ‘Holiday listing’/’Delisting’ barring the bidder/operator from participating in future tenders for an appropriate period from the date of revocation/cancellation/varying the terms. Further in the case of operators who are not registered with BPCL, the earnest money deposited by him will be forfeited. Once the quotation is accepted the rates quoted shall be firm till the entire work is completed.

13. ACCEPTANCE OF BIDS BY THE CORPORATION:

• Based on the information and documents submitted, all bidders meeting the following criterion qualify in the bid:

(i) BPCL should have received their Bid Security or proof of exemption thereof.

(ii) They should meet bid qualification criterion

(iii) They should have submitted the Integrity Pact duly signed and witnessed.

(iv) They should not have been debarred or black listed by BPCL and/or Oil PSEs and/or MOP&NG for a period that is not over as on the due date of this tender.

(v) They should accept all the documents given by us or the deviations notified by them should be acceptable to BPCL.

• To facilitate examination, evaluation and comparison of bids the Company may, at its discretion, ask the Bidder for clarifications of its bid. The request for clarification and the response shall be in writing and no change in the price or substance of the bid shall be sought, offered or permitted.

Price bid of only those bidders shall be opened who qualify in the Techno-commercial bid.

Price bid evaluation would be done on overall lowest quote basis.

14. BPCL reserves the right to accept any offer in whole or part or reject any or all offers without assigning any reason. We are also not bound to accept the lowest Bid.

15. PURCHASE PREFERENCE:

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

Page 48: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No:1000324937 Annexure III

Instructions to Bidders

48

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.

16. No counter terms and conditions shall be acceptable to us.

17. It shall be understood that every endeavor has been made to avoid error which can materially affect the basis of Tender and the successful Vendor shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof. No advantage is to be taken either by the Corporation or the Vendor of any clerical error or mistake may occur in the general specification, schedules and plans.

18. If any of the information submitted by the bidder is found to be incorrect at any time including the contract period, BPCL reserves the right to reject the tender/ terminate the contract and reserves all rights and remedies available.

19. Bidders are advised not to enclose unwanted and unasked documents with the tender. Any such documents if received shall not be considered.

20. A tender may not be considered, if BPCL is unable to evaluate that offer for want of any Information.

21. Although, all the details presented in this bid document (Terms of Reference, Terms & Conditions of the Contract and other documents) have been compiled with all reasonable care, it is the Bidder’s responsibility to ensure that the information provided is adequate and clearly understood.

22. POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders/ contracts / purchase orders. It can be accessed using the following link: http://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf.

23. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION:

The Competition Act, 2002 as amended by the Competition (Amendment) Act, 2007 (the Act), prohibits anti-competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises. The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises, and regulates combinations (consisting of acquisition, acquiring of control and M&A) wherever such agreements, abuse or combination causes, or is likely to cause, appreciable adverse effect on competition in markets in India. Bedsides taking punitive action as enshrined under Integrity Pact, BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file

Page 49: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No:1000324937 Annexure III

Instructions to Bidders

49

information relating to anti-competitive agreements and abuse of dominant position. If such a situation arises, then tenderers shall be bound by the provisions of the said statute.

# # # # #

Page 50: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

50

TERMS AND CONDITIONS OF CONTRACT

Section Details

I DEFINITION OF TERMS

II GENERAL INFORMATION ABOUT SITE

III INTERPRETATION OF CONTRACT DOCUMENTS

IV BILLS / MEASUREMENT / PAYMENT

V TAXES AND DUTIES

VI LABOUR LAWS AND OTHER REGULATIONS

VII SEPECIAL CONDITION OF CONTRACT

.

Page 51: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

51

SECTION - I

DEFINITION OF TERMS

Definitions

In this tender document unless the context otherwise requires, the following words and

expressions shall have the following meanings

`Agreement’ means the Agreement and the documents forming the tender and acceptance

of the Works and provision of Services together with the documents referred to in the

Agreement, the book of specification, designs, special terms and conditions, drawings,

correspondence and instructions, issued from time to time by the DGM-LPG Operations,

BPCL, or his authorized representative and all these documents taken together shall be

deemed to form the Agreement.

`CCOE’ means Chief Controller of Explosives or their nominated officials.

‘ PESO’ means Petroleum & Explosives Safety Organisation.

`Change in Law’ shall mean the occurrence after the Effective Date of any enactment of

new Indian Law or the modification of existing Indian Law, or the repeal or re-enactment

of any Indian Law.

‘Change Order’ shall mean the order to be issued by BPC on the Operator for carrying out

any change in scope of work (addition / deletion) as mutually agreed.

`Commercial Operation Date’ shall mean the date as agreed to by BPC on which the

Storage Facility is declared by the Operator to be operational.

`Contract Period’ shall mean the period during which the Agreement is valid and subsisting.

`Despatch’ shall mean loading the Petroleum Products for the purpose of transportation

to various destinations.

`Emergency’ shall mean a condition affecting the Storage Facility which is beyond the

reasonable control of the Operator and which threatens the safe and reliable operation of

the Storage Facility and which is likely to result in the prevention of safe, adequate and

continuous operation of the Storage Facility or endangers life or property, which condition

is aggravated by the continued operation of the Storage Facility.

`Expiry Date’ shall mean the date of expiry of contract period.

`Handling’ shall mean transportation and storage of the Petroleum Products within the

Storage Facility and includes responsibility of delivery of Products to BPC’s customers in

line with Marketing Discipline Guidelines (MDG).

`Holder of a Delivery Order’ shall mean anyone who, as a holder of a Delivery Order, makes

himself known to the Operator as such holder by presenting respectively the Delivery

Order.

`IQCM or Industry Quality Control Manual’ shall mean the manual as being followed by

the public sector units operating in the oil industry for the said purpose.

`Installed Capacity’ shall in relation to Storage Facility mean the continuous capacity of the

Page 52: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

52

Storage Facility pertaining to the Receipt, Handling, Storage and Despatch of the Petroleum

Products.

`KL’ shall mean 1000 litres.

`Law’ shall mean the Constitution of India and any act, rule, regulation, notification,

directive, ordinance, order or instruction having the force of law enacted or issued by the

Government.

`Licensed Capacity’ shall mean the capacity of the Storage Facility as approved by the Chief

Controller of Explosives (Nagpur).

‘ LPG’ means Liquified Petroleum Gas

`MDG’ shall mean the Marketing Discipline Guidelines as being followed by the Oil Industry.

`Month’ means each of the months of January to December;

`MT’ means metric ton;

`Operation Period’ shall be the period during which the Storage Facility is operative and

the Operator is providing the Services.

`OISD’ means Oil Industry Safety Directorate of Govt. of India.

“OEM” means Original Equipment Manufacturer.

“Owner” means Bharat Petroleum Corporation Ltd.

`Party’ shall mean either BPC or the Operator as the context requires and their respective

successors, authorised representative and permitted assigns.

`Permits’ shall mean all consents, licenses, approvals, permits, no objection certificates or

other authorization of whatever nature which is required to be granted by the Government

or under Law for the purpose of implementation of this Agreement and the Bid Package.

`Petroleum Products’ shall mean the products mentioned in the Bid document or any

product which gets added in future.

`Standard Industry Practices’ means the practices, methods, techniques, and standards

that are generally accepted internationally from time to time and commonly used in the

international petroleum industry for the construction, operation and maintenance of

independent LPG storage terminals of the size and having the other characteristics of the

Storage Facility in a safe, prudent and reliable manner consistent with the parameters for

such operation and maintenance set forth in this Agreement and the Bid Package which

practices, methods, techniques and standards shall be adjusted as necessary to take

account of the requirements of Law, physical standards at the Contract Site and operation

and maintenance guidelines of the manufacturers of plant and equipment incorporated in

the Storage Facility which the Operator is required to follow in order to maintain in effect

any warranties, guarantees or insurance policies relating thereto which the Operator is

obligated to maintain under the Agreement, the Bid document or Project Contracts.

`Receipt’ shall mean acceptance of LPG at the Storage Facility.

`Storage’ shall mean the keeping or storing of LPG in the Storage Facility.

Page 53: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

53

`Storage Facility’ shall mean LPG facility available in the Plant.

“TDG” shall mean Transport Discipline Guidelines of the Industry.

`Tax’ shall mean any Indian tax, duty, import or levy of any nature whatsoever and

wherever charged levied, imposed by the Government together with any interest and

penalties in relation thereto other than interest and penalties imposed directly as a result

of any act or omission by the Operator.

Interpretation: (a) References in the singular shall include references in plural & vice-versa. The words

denoting natural persons shall include partnerships, firms, companies, corporations, joint ventures, trusts, association, organization or other entities (whether or not having a separate legal personality).

(b) References to a particular clause, paragraph, sub-paragraph or schedule shall, except

where the context otherwise requires, be a reference to that clause, paragraph, sub-

paragraph or schedule in or to this tender.

(c) The word “include” & “including” are to be construed without any limitation.

(d) No permit/license shall be treated as having been granted for the purpose of this tender

unless such permit/license has been finally granted or issued by the relevant competent authority without such grant or issue being subject to any appeal, but the possibility of

proceedings for judicial review of such permit being instituted shall not prevent a permit

being treated as granted unless such judicial review proceedings have, in fact, been

instituted.

(e) In determining whether any permit has been granted or renewed, or whether any written

confirmation in respect of any permit has been given, on a timely basis, regard shall be had

to: (i) the practice & procedure of the Government having jurisdiction in respect of the

relevant permit : (ii) any representation made by BPC, the Operator or the responsible Govt regarding the

expedition with which applications for the relevant permit are to be determined & : (iii) any reasonable request (having due regard to sub para (i) & (ii) above) regarding the

period with in which BPC/Operator seeks the determination of its application for the

relevant permit, and the materiality of the implications of any delay in such determination, which have been made known to the Govt upon the making of its’

application or in the course of its determination.

Page 54: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

54

SECTION - II

GENERAL INFORMATION ABOUT SITE

1.1 LOCATION OF SITE & ACCESSIBILITY:

The Baitalpur LPG Plant is situated at Village Baitalpur,Dist:Deoria,UP. The intending bidder

should inspect the site and make himself familiar with site conditions and available facilities.

Entry into the BPCL areas is restricted depending on location/site. Only pass holders as also

vehicles with special permits are permitted in such restricted areas. Inside the premises access

to various work spots is also further regulated by permits issued for each area. Non-

availability of access roads or permits for entry of vehicles/equipment to any specific

area shall in no case be the cause to condone any delay in execution of works or be the cause

for any claims or extra compensations.

1.2 SCOPE OF WORK

The scope of work is defined in the Terms of reference. The Operator shall provide all necessary

materials, equipments / Tools and Tackles / Supervision / labour etc., for the execution

and maintenance of the work till completion unless otherwise mentioned in these tender

documents. All materials that go with the work shall be approved by BPC Official prior to

procurement and use.

1.3 SITE VISIT:

The bidder should visit the site and acquaint himself with site conditions, availability of

water, electricity, approach roads, construction materials as per specifications, shelter for

his staff, etc., since these are to be provided / arranged by the bidder (unless otherwise

specified) at his cost.

Page 55: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

55

SECTION - III

INTERPRETATION OF CONTRACT DOCUMENTS

2. INTERPRETATION OF CONTRACT DOCUMENT:

2.1. Except if and to the extent otherwise provided by the Contract, the provisions of the Terms

and Conditions of the Contract shall prevail over those of any other documents forming

part of the contract. Several documents forming the contract are to be taken as mutually

explanatory. Should there be any discrepancy, inconsistency, error or omission in the contract

or any of the matter may be referred to BPC Official, who shall give his decisions and issue to

the Operator instructions directing in what manner the work is to be carried out. The decision

of the BPC Official shall be final and conclusive and the operator shall carry out work in

accordance with this decision.

2.2. Headings and marginal notes to the clauses of these Terms and Conditions of the Contract or

to specifications or to any other tender document are solely for the purpose of giving a concise

indication and not a summary of the content thereof, and they shall never be deemed to be

part thereof or be used in the interpretation or construction thereof of the Contract.

2.3. Singular and Plural:

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

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

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

partnership.

3. SPECIAL CONDITIONS OF CONTRACT:

3.1. Special Conditions of contract shall be read in conjunction with the General Conditions of

Contracts, specification of work, Drawings and any other documents forming part of this

contract wherever the context so requires.

3.2. Notwithstanding the sub-division of the documents into these separate sections and volumes

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

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

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

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

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

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

prevail.

3.4. Wherever it is mentioned in the specifications that the Operator shall perform certain work or

provide certain facilities, it is understood that the operator shall do so at his own cost.

3.5. The materials, designs and workmanship shall satisfy the relevant Indian Standards, the

Job specifications contained herein and codes referred to. Where the job specifications

stipulate requirements in addition to those contained in the standard codes and specifications,

these additional requirements shall also be satisfied.

Page 56: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

56

4. OPERATOR TO OBTAIN HIS OWN INFORMATION:

4.1. The operator in fixing rate shall for all purposes whatsoever be deemed to have himself

independently obtained all necessary information for the purpose of preparing his tender.

The operator shall be deemed to have examined the Contract Documents, to have generally

obtained his own information in all matters whatsoever that might affect the carrying out the

works at the scheduled rates and to have satisfied himself to the sufficiency to his tender.

Any error description of quantity or omission there from shall not vitiate the contract

or release the Operator from executing the work comprised in the contract according

to drawing and specifications at the scheduled rates. He is deemed to have known the

scope, nature and magnitude of the works and the requirements of materials and labour

involved etc. and as to what all works he has to complete in accordance with the contract

documents whatever be the defects, omissions or errors that may be found in the

Contract Documents. The Operator shall be deemed to have visited surrounding to have

satisfied himself to the nature of all existing structures, if any, and also as to the nature

and the conditions of the Railways, roads, bridges and culverts means of transport and

communications, whether by land, water or air, and as to possible interruptions thereto and

the access to and regress from the site, to have made enquiries, examined and satisfied himself

as to the sites for obtaining sand, stones, bricks and other materials, the sites for disposal

of surplus materials the available accommodation as to whatever required, depots and such

other building as may be necessary for executing and completing the works, to have made

local independent enquiries as to the sub-soil water and variations thereof, storms, prevailing

winds, climate conditions and all other similar matters affecting these works. He is deemed to

have acquainted himself as to his liability for payment of Government taxes, customs duty and

other charges. Any neglect or failure on the part of the Operator in obtaining necessary

and reliable information upon the foregoing or any other matters affecting the contract

shall not relieve him from any risk or liabilities or the entire responsibility from completion of

the works at the scheduled rates and time in strict accordance with the contract documents.

No verbal agreement or inference from conversation with any officer or employee of the

owner either before or after the execution of the contract agreement shall in any way affect

or modify any of the terms or obligations herein contained.

5. PERFORMANCE SECURITY DEPOSIT/RETENTION MONEY:

5.1. Successful bidder shall submit a Bank Guarantee within 15 days after placement of Purchase

Order (in lieu of Performance Bank Guarantee and Security Deposit) of equivalent to 10% of

total Contract value of Baitalpur LPG plant by way of crossed A/c Payee Demand Draft drawn

on any Indian Nationalised / Scheduled Banks other than Co-operative Banks in favour of

Bharat Petroleum Corporation Limited payable at Mumbai or in the form of an irrevocable

Bank Guarantee in the prescribed format .

5.2. The Bank Guarantee to be submitted for a period of Two Years. The Bank Guarantee should

be valid for at least six months beyond the two year contract period.

Page 57: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

57

5.3. The Security Deposit cum performance bank guarantee shall be refunded only after successful

execution of the Order. No interest is payable by the Corporation on the Security Deposit cum

performance bank guarantee so collected. The Corporation shall be entitled to deduct from

the above-referred deposit, any loss or damage which the Corporation may be put to by

reason of any act or defective, LD or any other liabilities or default recoverable by the

Corporation from the successful tenderer and to call upon the successful tenderer to maintain

the deposit at the original limit by making further deposits.

5.4. The said amount shall be liable for forfeiture by BPC in the event of loss of

assets/equipment/product or any established & proven cases of breach or negligence or

default by the successful bidder except that such forfeiture shall not be effected due to Force

Majeure conditions. The PBG will be returned by BPC to the successful bidder after six months

of expiry of the contract and successful handing over of all assets and accounted product to

BPC, as per Agreement.

5.5. All the compensation or other sums of money payable by the operator to the Owner under

terms of this contract may be deducted from his security deposit/retention money or from

any sums which may be or may become due to the operator by the Owner on any account

whatsoever and in the event of his security deposit/retention money being reduced by reasons

of any such deductions. The operator shall within ten days thereafter make good any sum or

sums, which may have been deducted from his security Deposit/retention money. No interest

shall be payable by the Owner from sum deposited as security deposit/retention money.

5.6. The security deposit shall be held by the owner, as security for the due performance of the

Operator’s obligations under the contract, provided that nothing herein stated shall make it

incumbent upon the Owner to utilize the security deposit/retention money in preference

to any other remedy which the Owner may have, nor shall be construed as confining

the claims of the Owner against the operator to the quantum of the Security

Deposit/retention money.

5.7. The Bank guarantee if submitted shall be from any Indian scheduled bank or an international

bank of repute having a branch in India or a corresponding banking relationship with an

Indian scheduled bank. The security deposit/retention money shall be in Indian Rupee in the

case of domestic bidders and in US Dollars in the case of foreign bidders.

6. TIME OF PERFORMANCE:

6.1. The work covered by this contract shall be commenced as detailed in the Contract/purchase order or as per the instructions of the BPCL Official. This contract shall be valid for Two Years

and can be extended for one more on the sole discretion of BPCL.

7. FORCE MAJEURE:

Definition of Force Majeure:

Circumstances leading to force majeure

(a) Act of terrorism;

(b) Riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not),

(c) civil war, rebellion, revolution, insurrection of military or usurped power;

Page 58: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

58

(d) Ionising radiation or contamination, radio activity from any nuclear fuel or from any

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

hazardous properties of any explosive assembly or nuclear component;

(e) epidemics, earthquakes, flood, fire, hurricanes, typhoons or other physical natural

disaster, but excluding weather conditions regardless of severity; and

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

national or state-wide level in any country where Works are performed, and which

affect an essential portion of the Works but excluding any industrial dispute which is

specific to the performance of the Works or the Contract.

For the avoidance of doubt, inclement weather, third party breach, delay in supply of

materials (other than due to a nationwide transporters’ strike) or commercial hardship shall

not constitute a Force Majeure event.

• Notification of Force Majeure

Operator shall notify within [10(ten)] days of becoming aware of or the date it ought to have

become aware of the occurrence of an event of Force Majeure giving full particulars of the

event of Force Majeure and the reasons for the event of Force Majeure preventing the

Affected Party from, or delaying the Affected Party in performing its obligations under the

Contract.

• Right of either party to terminate

If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred

eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice

has been given under this clause, either Party may terminate the Contract by issuing a written

notice of 30 (thirty) days to the other Party.

• Payment in case of termination due to Force Majeure

The Contract Price attributable to the Works performed as at the date of the commencement

of the relevant event of Force Majeure.

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

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

during an event of Force Majeure; and

b) Any delay costs in any way incurred by the Operator due to an event of Force Majeure.

Time extension for such cases will be worked out appropriately.

8. SUM PAYABLE BY WAY OF COMPENSATI ON TO BE CONSIDERED AS REASONABLE

COMPENSATION WITHOUT REFERENCE TO ACTUAL LOSS:

All sums payable by way of compensation under any of the conditions shall be

considered as reasonable compensation without reference to the actual loss or damage,

which shall have been sustained by the Owner.

9. FORFEITURE OF SECURITY DEPOSIT:

Whenever any claim against the Operator for the payment of a sum of money arises out of or under the contract, the Owner shall be entitled to recover such sum by appropriating in part or whole, security deposit of the operator, forming whole or part of such security being insufficient or if no security has been taken from the Operator then

Page 59: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

59

the balance or the total sum recoverable, as the case may be, shall be deducted from any sum then due or which at any time thereafter may become due to the Operator. The operator shall pay to the owner on demand any balance remaining due.

10. ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED:

In any case in which, under any clause or clauses of this contract, the operator shall have

forfeited the whole of his security deposit (whether paid in one sum or deducted by

installment) or have committed a breach of any of the terms contained in this contract the

owner shall have power to adopt any of the following courses as he may deem best suited to

his interest.

a) To rescind the contract (of which rescission notice in writing to the operator under the

hand of the owner shall be conclusive evidence) in which case the security deposit

of the operator shall stand forfeited and be absolutely at the disposal of the Owner.

b) To employ labour paid by the owner and to supply materials to carry out the work any

part of the work, debiting operator with the labour cost of tools and plants and

equipment charges, the cost of the materials for which a certificate of the BPC

Official shall be final and conclusive against the Operator and 10% of costs as above

to cover all departmental charges and crediting him with the value of the work done in all

respects in the manner and at the same rates as if it had been carried out by the Operator

under the term of his contract. The certificate of BPC Official as to the value of the work

done shall be final and conclusive against the operator.

c) To measure up the work of the operator and to take such part thereof as shall be

unexecuted out of his hand to give it to another operator to complete in which case any

expenses which may be incurred in excess of the sum which would have been paid to the

original operator, if the whole work had been executed by him (of the amount of which

excess, the certificate in writing of the BPC Official shall be final and conclusive) shall be

borne and paid by the original operator and may be deducted from any money due to him

by the Owner under the contract or otherwise or from his security deposit or from the

proceeds of sale thereof, of a sufficient part thereof.

In the event of any of the above course being adopted by the Owner, the operator shall have

no claim to compensation for any loss sustained by him by reason of his having purchased

or procured any materials or entered into any agreements or made any advances on account

of or with a view to the execution of the work of the performance of the contract. In case the

Operator shall not be entitled to recover or be paid any sum for any work actually performed

under this contract unless the Engineer-in- Charge will certify in writing the performance of

such work and the value payable in respect thereof and he shall only be entitled to be paid the

value so certified.

11. OPERATOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT TAKEN UNDER CLAUSE

9:

In any case in which any of the powers conferred upon the owner by clause 9 thereof

shall have become exercisable and the same had not been exercised, the non exercise thereof

shall not constitute a waiver of any of the conditions hereof and such powers shall

Page 60: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

60

notwithstanding be exercised in the event of any further case of default by the operator

for which any clause of hereof he is declared liable to pay compensation amounting to the

whole of his security deposit and the liability of the operator for past and future

compensation shall remain unaffected. In the event of the Owner putting in force the power

under sub-clause (a), (b) or (c) vested in him under the proceeding clause he may, if he so

desires takes possession of all or any tools and plants materials and stores in or upon the works

or the site thereof belonging to the operator or procured by him and intended to be used for

the execution of the work or any part thereof paying or allowing for the same in account at

the contract rates or in case of these not being applicable at current market rates to be

certified by the BPC Official whose certificate thereof shall be final otherwise the BPC Official

may give notice in writing to the operator or his clerk of the works, supervisor or other

authorized agent, requiring him to remove such tools, plant, materials or stores from the

premises (within a time to be specified in such notice) and in the event of the operator failing

to comply with any such requisition, the BPC Official may remove them at the operators

expense or sell them by auction or private sale on account of the operator and at his risk in,

all respects without any further notice as to the date, time or place of sale and the certificate

of the BPC Official as to the expense of any such removal and the amount of proceeds and any

expenses of any such sale shall be final and conclusive against the operator.

12. NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK:

COMPENSATION FOR ALTERATIONS IN TERMS OF REFERENCE AND EXTRA WORK: A) The Territory Co-ordinator shall have power to make any alterations in,

omissions from, additions to of substitutions for, the schedule of rates, the original

terms and conditions,terms of reference and instructions that may appear to him

to be necessary or advisable during the progress of the work and the Operator shall

be bound to carry out such altered / extra / new items of work in accordance with

any instructions which may be given to him in writing signed by the Territory Co-

ordinator and such alterations, omissions, additions or substitutions shall not

invalidate the contract and any altered additional or substituted work which the

Operator may be directed to do in the manner above specified as part of the work

shall be carried out by the Operator on the same conditions in all respect on which

he agree to do the main work. The time for completion of work may be extended

for the part of the particular job at the discretions of the Territory Co-ordinator,

for only such alteration, additions or substitutions of the work, as he may consider

as just and reasonable. The rates for such additional, altered or substituted work

under this clause shall be worked out in accordance with the following provisions:

a) If the rates for the additional, altered or substituted work are specified in the

contract for the work, the Operator is bound to carry out the additional, altered or

substituted work at the same rates as are specified in the contract.

b) If the rates for the additional, altered or substituted work are not specifically

provided in the contract for the work, the rates will be derived from the rates for

Page 61: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

61

similar class of works as specified in the contract for the work. The opinion of the

Territory Co-ordinator as to whether the rates can be reasonably so derived from

items in the contracts will be final and binding on the Operator.

c) If the rates for the altered, additional or substituted work cannot be determined

in the manner specified in sub-clause (a) and (b) above, then the Operator shall

inform the Territory Co-ordinator of the rate which is his intension to charge for

such class of work supported by analysis of the rate or rates claimed, and the

Territory Co-ordinator shall determine the rates on the basis of the prevailing

market rates of materials, labour cost at schedule of labour plus 10% to cover

Operator’s supervision, overheads and profit and pay the Operator accordingly.

The opinion of the Territory Co-ordinator as to the current market rates of

materials and the quantum of labour involved per unit of measurement will be final

and binding on the Operator.

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

Where the value of alterations / additions / deletions or substitutions exceeds

beyond plus or minus 25% of the estimated contract value (i.e. quoted item rates

of Operator shall hold good for variations etc. within plus or minus 25% of

estimated contract value)

B) In the event and as a result of such alternatives / additions / substitutions /

deletion, the scope of contract work exceed the value stipulated in the contract by

more than the limits given in clause (d) above, the Operator shall claim revision of

the rates supported by the proper analysis in respect of such items for quantities

in excess of the above limits, notwithstanding the fact that the rates for such items

exist in the tender for the main work and the Territory Co-ordinator may revise

their rates having regard to the prevailing market rates, and the Operator shall be

paid in accordance with the rates so fixed. But, under no circumstances the

Operator shall suspend / stop / slowdown the work on the plea of non-settlement

of rates of items falling under this clause.

13. CHANGES IN CONSTITUTION:

Where the operator is a partnership firm, the prior approval, in writing, of the Owner shall be

obtained before any change is made in the constitution of the firm, where the operator is an

individual or a Hindu undivided family business concern, such approval as aforesaid shall

likewise be obtained before sub-contractors enters into any agreement with other parties,

where under the reconstituted firm would have the right to carryout the work hereby

undertaken by the operator. In either case if prior approval as aforesaid is not obtained, the

contract shall be deemed to have been allotted in contravention of clauses 24 hereof and the

same action may be taken and, the same consequence shall ensure as provided in the said

clause.

Page 62: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

62

14. IF THE OPERATOR DIES:

Without prejudice to any of the rights or remedies under his contract, if the operator dies, the

Owner shall have the option of terminating the contract without compensation to the

operator.

15. EMPLOYEES OF THE OWNER NOT INDIVIDUALLY LIABLE:

No director or official or employee of the Owner shall in any way be personally bound or liable

for the acts or obligations of the Owner under the contract or answerable for any default

or omission in the observance or performance of any of the acts, matters or things which

are herein contained.

16. OWNER NOT BOUND BY PERSONAL REPRESENTATIONS:

The operator shall not be entitled to any increase on the item rates of the contract or any

other right or claim whatsoever by reason of representation, explanation or statement or

alleged representation, promise or guarantees given or alleged to have been given to him by

any person.

17. OPERATOR’S OFFICE AT SITE:

The operator shall provide and maintain an office at the site, if space provided by the

owner, for the accommodation of his agent and staff and such office shall be open at all

reasonable hours to receive instruction, notices, or other communications.

18. OPERATOR’S SUBORDINATE STAFF AND THEIR CONDUCTS:

18.1. The operator, on or after award of the work shall name and depute a qualified personnel

having sufficient experience in carrying out work of similar nature to whom the equipments

materials, if any, shall be issued and instructions for works given. The operator shall also

provide to the satisfaction of the BPC Official sufficient and qualified staff to supervise the

execution of the-works, competent agents, supervisor and leading hands including those

specially qualified by previous experience to supervise the type of works comprised in the

contract in such manner as will ensure work of the best quality, expeditious working.

Whenever in the opinion of the BPC Official, additional properly qualified supervision staff is

considered necessary, they shall be employed by the operator without additional charges

on account thereof. The Operator shall ensure to the satisfaction of the Engineer-in- Charge

that sub-Contractors, if any shall provide competent and efficient supervision over the

work entrusted to them.

18.2. If and whenever any of the Operator’s or sub-contractor’s agents, sub-agents, assistants

supervisor or other employees shall in the opinion of BPC Official be guilty of any

misconduct or be incompetent or insufficiently qualified or negligent in the performance

of their duties or that in the opinion of the owner or BPC Official, it is undesirable for

administrative or any other reason for such person or persons to be employed in the works,

the operator, if so directed by the BPC Official, shall at once remove such person or persons

from employment thereon. Any person or persons so removed from the works shall not again

be employed in connection with the works without the written permission of the BPC Official.

Any person so removed from the works shall be immediately replaced at the expense of the

operator by a qualified and competent substitute. Should the operator be requested to

Page 63: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

63

repatriate any person removed from the works he shall do so and shall bear all costs in

connection herewith.

18.3. The operator shall be responsible for the proper behaviour of all the staff, supervisor,

workmen and others and shall exercise a proper degree of control over them and in particular,

and without prejudice to the said generality, the operator shall be bound to prohibit and

prevent any employees from trespassing or acting in any way detrimental or prejudicial to the

interest of the community or of the properties or occupiers of land and properties in the

neighborhood and in the event of such employee so trespassing, the operator shall be

responsible therefore and relieve the Owner of all consequent claims or actions for damages

or injury or any other grounds whatsoever. The decision of the BPC Official upon any matter

arising under this clause shall be final. Operator shall ensure that none of their employees are

ever engaged in any anti-national activities.

18.4. All operator’s personnel entering upon the Owner’s premises shall be properly identified

by badges issued by owner which must be worn all times on Owner’s premises.

19. SUB-LETTI NG OF WORK:

Sub letting of contracts shall not be generally permitted. However owner may permit sub

letting of work on specific cases subject to the following:-

i. No part of the contract or any share of interest there shall in any manner or degree be

transferred assigned sublet by the operator directly or indirectly to any firm or corporation

whosoever except as provided for in the succeeding sub-clause, without the consent in

writing of the Owner.

ii. Sub contractors for Temporary Works Etc.:- The Owner may give written consent to

sub-contract for execution of any part of the works at the site, being entered into by the

operator provided each individual sub-contract is submitted to the BPC Official before

being entered into and is approved by him.

iii. List of Sub-contractors to be supplied: - At the commencement of every month the

operator shall furnish to the BPC Official list of all sub- contractors or firms engaged by the

operator and working at the site during the previous month with particulars of the general

nature of the sub-contract or works.

iv. Operator’s Liability Not Limited By Sub- contractors :- Notwithstanding any sub-letting with

such approval as aforesaid and notwithstanding that the BPC Official shall have received

copies of any sub-contracts, the operator shall be and shall remain solely responsible for

the quality and proper and expeditious execution of the works and the performance of all

the conditions of the contract in all respects as if such sub-letting or sub-contracting had

not taken place and as if such work had been done directly by the Operator.

v. Owner may Terminate Sub-Contracts:- If any sub- contractors engaged upon the works at

the site executes any work which in the opinion of the BPC Official is not in accordance

with the Contract documents, the owner may by written notice to the operator request

him to terminate such sub-contract and the operator upon the receipt of such notice shall

terminate such sub contract and the latter shall forthwith leave the works, failing which

the owner shall have right to remove such sub-contractors from the Site.

Page 64: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

64

vi. No Remedy For Action Taken Under This Clause:- No action taken by the owner under the

clause shall relieve the operator of any of his liabilities under the contract or give rise to

any right to compensation, extension of time or otherwise failing which, the owner shall

have right to remove such sub-contactors from the Site.

20. POWER OF ENTRY:

If the operator shall not commence the work in the manner previously described in the

contract document or if he shall, at any time in the opinion of the BPC Official:

i. Fail to carryout the works in conformity with the contract documents, or

ii. Fail to carryout the works in accordance with the time schedule, or

iii. Substantially suspend work or the works for a period of Fourteen days without authority

from the BPC Official, or

iv. Fail to carryout and execute the works to the satisfactions of the BPC Official, or

v. Fail to supply sufficient or suitable constructional equipments, temporary works,

labour materials or things, or

vi. Commit or suffer or permit any other breach of any of the provisions of the contract on

his part to be performed or observed or persist in any of the above mentioned breaches

of the contract for the fourteen days, after notice in writing shall have been given to the

Operator by the BPC Official requiring such breach to be remedied, or

vii. Abandon the works, or

viii. During the continuance of the contract, become bankrupt, make any arrangement or

composition with his creditors, or permit any execution to be levied or go into liquidation

whether compulsory or voluntary not being merely a voluntary liquidation for the

purpose of amalgamation or reconstruction.

Then in any such case, the Owner shall have the power to enter upon the works and take

possession thereof and of the materials, temporary works, constructional equipment, and

stock thereon, and to revoke the operator’s license to use the same, and to complete the

works, by his agents, other operator or workmen, or to re-let the same upon any terms and to

such other person firm or corporation as the Owner in his absolute discretion may think proper

to employ and for the purpose aforesaid to use or authorize the use of any materials,

temporary works constructional equipment, and stock as aforesaid without making payment

or allowances to the operator for the said materials other than such as may be certified in

writing by the BPC Official to be reasonable, and without making any payment or allowance to

the operator for the use of the temporary said works, constructional equipments and stock or

being liable for any loss of damage thereto, and if the Owner shall by reason of his taking

possession of the works or of the works being completed by other operators (due account

being taken of any such extra work or works which may be omitted) then the amount of such

excess as certified by the BPC Official shall be deducted from any money which may be due

for work done by the operator under the contract and not paid for. Any deficiency shall

forthwith be made good and paid to the Owner by the operator and the Owner shall have

power to sell in such manner and for such price as he may think fit all or any of the

constructional equipment, materials etc. belonging to and to recoup and retain the said

deficiency or any part thereof out of the proceeds of the sale.

21. OPERATORS RESPONSIBILITY WITH OTHER AGENCIES:

Page 65: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

65

The operator shall conform in all respects with the provisions of any statutory regulations,

ordinances or by laws of any local or duly constituted authorities or public bodies which may

be applicable from time to time to the works or any temporary works. The operator shall keep

the Owner Indemnified against all penalties and liabilities of every kind arising out of non-

adherence to such statutes ordinances, laws, rules, regulations, etc.

22. OTHER AGENTS AT SITE:

The operator shall have to execute the work in such place and condition where other agencies

might also be engaged for other works such as site grading, filling and leveling, electrical and

mechanical engineering works etc. No claim shall be entertained to works being executed in

the above circumstances.

23. NOTICES:

Any notice hereunder may be served on the operator or his duly authorized representative at

the job site or may be served by registered mail direct to the address furnished by the

Operator. Proof of issue of any such notice could be conclusive of the operator having been

duly informed of all contents therein.

24. RIGHTS OF VARIOUS INTERESTS:

i. Whenever the work is being done by any department of the Owner or by other contractors

employed by the Owner is contingent upon work covered by the contract, the respective rights

of the various interests involved shall be determined by the BPC Official to secure the

completion of the various portions of the work in general harmony.

25. RIGHT OF OWNER TO DETERMINE/TERMINATE CONTRACT BPC may terminate the contract at any stage of the contract for reasons to be

recorded in the letter of termination.

BPC, interalia, may terminate the Contract for any or all of the following reasons

that the Operator

a. has abandoned the work/Contract,

b. Has failed to commence the works, or has without any lawful excuse suspended

the work for 15 consecutive days.

c. Has neglected or failed to observe and perform all or any of the terms acts,

matters or things under this Contract to be observed and performed by the

Operator.

d. Has to the detriment of good practices or in defiance of BPC’s instructions to

the contrary sub-let any part of the Contract.

e. Has acted in any manner to the detrimental interest, reputation, dignity, name

or prestige of BPC.

f. Has stopped attending to work without any prior notice and prior permission

for a period of 15 days.

g. Has become untraceable.

h. Has without authority acted in violation of the terms and conditions of this

contract and has committed breach of terms of the contract in best judgment

of BPC.

i. Has been declared insolvent/bankrupt.

j. In the event of sudden death of the Operator.

Page 66: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

66

BPC, on termination of such contract shall have the right to appropriate the Security

Deposit, Retention Money and invoke the Bank Guarantee furnished by the

operator and to appropriate the same towards the amounts due and payable by

the Operator as per the conditions of Contract and return to the Operator excess

money, if any, left over.

In case of Termination of the contract, BPC shall have the right to carry out the

unexecuted portion of the work either by themselves or through any other

operator(s) at the risk and cost of the Operator. In view of paucity of time, BPC

shall have the right to place such unexecuted portion of the work on any

nominated operator(s). However, the overall liability of the Operator shall be

restricted to 100 % of the total contract value.

When the contract is terminated by the Owner for all or any of the reasons

mentioned above the Operator shall not have any right to claim compensation on

account of such termination. 26. PATENTS AND ROYALTIES:

26.1. The operator, if licensed under any patent covering equipment, machinery, materials or

compositions of matter to be used or supplied or methods and process to be practiced or

employed in the performance of this contract, agrees to pay all royalties and licence fees which

may be due with respect thereto. If any equipment, machinery, materials or composition

matters, to be used or supplied or methods and process to be practised or employed in the

performance of this contract, is covered by a patent under which operator is not licensed then

the operator before supplying or using the equipment, machinery, materials, compositions

method or processes shall obtain such licences, and pay such royalties and licence fees as may

be necessary for performance of the contract. In the event, the operator fails to pay any such

royalties or obtain any such licence, any suit for infringement of such patents which is brought

against the operator or the Owner as a result of such failure will be defended by the operator

at his own expenses and the operator will pay any damages and costs awarded in such suit.

The operator shall promptly notify the owner if the operator has acquired knowledge of any

patent under which a suit for infringement could be reasonably brought because of the use by

the Owner of any equipment, machinery, materials, and process methods to be supplied

hereunder. The operator agrees to and does hereby grant to Owner, together with the right

to extend the same to any of the subsidiaries of the Owner as irrevocable, royalty-free licence

to use in any country, any invention made by the operator or his employee in or as a result of

the performance of the work under the contract.

The Owner shall indemnify and save harmless the operator from any loss on account of claims

on operator for the contributory infringement of patent rights arising out and based upon the

claim that the use by the Owner of the process included in the design prepared by the Owner

and used in the operation of the plant infringes on any patent right with respect to any sub-

contract entered into by operator pursuant to the provisions of sub-contractors an

undertaking to provide the Owner with the same patent protection that operator is required

to provide under the provisions of this clause.

26.2. All drawings, blue prints, traings, reproducible, models, plans, specification and copies thereof,

furnished by the Owner as well as drawings, tracings, reproducible, plans specifications,

Page 67: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

67

design, calculations etc. prepared by the operator for the purpose of execution of works

covered in or connected with this contract shall be the property of Owner and shall not be

used for any other work but are to be delivered to the Owner at the completion of the

contract.

26.3. Where so desired by BPC Official, the operator agrees to respect the secrecy of any document,

drawings etc. issued to him for the execution of this contract, and restrict access to such

documents, drawing etc. to the minimum and further, the operator agrees to execute an

individual SECRECY agreement from each or any person employed by operator having access to

such documents, drawings and to any other agency or individual, without the written approval

by BPC Official.

27. LIENS:

27.1. If, at any time, there should be evidence or any lien or claim for which the Owner might have

become liable and which is chargeable to the operator, the Owner shall have the right to retain

out of any payment then due or thereafter to become due an amount sufficient to completely

indemnify the owner against such lien or claim and if such lien or claim be valid the Owner

may pay and discharge the same and deduct the amount so paid from any money which may

be or may become due and payable to the Operator. If any lien or claim remain unsettled after

all payments are made, the operator shall refund or pay to the Owner all moneys that

the latter may be compelled to pay in discharging such lien or claim including all costs and

reasonable expenses.

27.2. Operator will not disclose details of the work to any person or persons except those engaged

in its performance, and only to the extent required for the particular portion of the work being

done.

27.3. Operator will not give any items concerning details of the work to the press or a news

disseminating agency without prior written approval from BPC Official. Operator shall not take

any pictures on site without written approval of BPC Official

28. OPERATION OF CONTRACT:

28.1. Law Governing:

Regardless of the place of contracting, place of performance or otherwise, this Agreement,

and all amendments, modifications, alterations, or supplements, thereto shall be governed by

the laws of India and respective state laws for the nature, validity and interpretation thereof.

28.2. Non-Waiver of Default

Any failure by the Owner or Operator at any time, or from time to time, to enforce or require

the strict keeping and performance of any of the terms or conditions of this agreement, or to

exercise a right hereunder, shall not constitute a waiver of such terms, conditions or rights,

and shall not affect or impair same, or the right of the Owner or the Operator, as the case may

be at any time to avail itself of same.

29. LIMITATION OF LIABILITY : The aggregate total liability of the operator to owner under the contract shall not exceed the

total contract price, except that this clause shall not limit the liability of the operator for

following .

a) In the event of breach of any Applicable Law;

b) In the event of fraud, wilful misconduct or illegal or unlawful acts, or gross negligence

of the operator or any person acting on behalf of the operator or

Page 68: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

68

c) In the event of acts or omissions of the operator which are contrary to the most

elementary rules of diligence which a conscientious operator would have followed in

similar circumstances ; Or

d) In the event of any claim or loss or damage arising out of infringement of intellectual

property; Or

e) For any damage to any third party, including death or injury of any third party caused

by the operator or any person or firm acting on behalf of the operator in executing the

works.

30. VARIATION IN CONTRACT VALUE : Compensation for Reduction in Contract Value due to change in quantity:

Upto & inclusive of (-)25 of Total Contract Value (TCV) : No cost

compensation.

Beyond (-)25 % of TCV Cost compensation @10 % of reduction in the

contract value from (-) 25% of TCV (i.e 75 % of TCV).

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

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

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

value beyond (+) 50% of TCV.

31. ESCALATION/ DE-ESCALATION: Final rates accepted by BPCL would be applicable from beginning of contract and there will

not be any escalation or de-escalation of the finalised rates during the Contract period of

24 months.

32. DISCREPANCIS BETWEEN INSTRUCTIONS:

Should any discrepancy occur between the various instructions furnished to the operator, his

agents or staff or any doubt, arise as to the meaning of any such instructions or should there

be any misunderstanding between the operator’s staff and the BPC staff, the operator shall

refer the matter immediately in writing to the BPC Official whose decision thereon shall be

final and conclusive and no claim for losses alleged to have been caused by such discrepancies

between instructions, or doubts, or misunderstanding shall in any event be admissible.

Page 69: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

69

SECTION - VI

BILLS / MEASUREMENT / PAYMENT

33. TERMS OF PAYMENT

Payment shall be in “Indian Rupees” only. 100 % payment (after making deductions like IT

TDS) shall be made by BPC on a monthly basis against the work done during the preceding

calendar month, within 15 days of submission of bill by the Operator. However, in case the

Operator is liable to pay any damages, any statutory liabilities including wages,PF,ESI,etc,

same will be deducted from the running bill. All bills shall be certified by resident BPCL officer. Payment will be made through electronic mode. Successful bidder will have to provide details

of their Bankers/e-mandate including Account No., etc., to the Owner before execution of the

work. GST paid by the Operator shall be reimbursed on monthly basis on production of documentary

evidence for remittance. Timely submission of respective monthly bills will be the

responsibility of the Operator.

INCOME TAX & TDS: Income Tax deduction (including Education Cess) will be made from Operators monthly bills

per the rules and regulations in force in accordance with the IT act prevailing from time to

time. Necessary certificate in this regard will be given to the Operator by BPC.

LUMPSUMS IN TENDER:

For the items in tender where it includes lumpsum in respect of parts of work, the operator

shall be entitled to payment in respect of the items at the same rates as are payable under this

contract for such items, or if part of the work in question is not In the opinion of the BPC

Official capable of measurement of determination, the owner may at his discretion pay the

lumpsum amount entered In the tender or a percentage thereof and the certificate In writing

of the BPC Official shall be final and conclusive against the operator with regards to any sum

or sums payable to him under the provisions of the clause.

34. MODE OF PAYMENT:

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

35. COMPLETION CERTIFICATE:

35.1. Application for Completion Certificate:

When the operator fulfils his obligation, he shall be eligible to apply for completion certificate.

The operator may apply for separate completion certificate respect of each such portion of

the work by submitting the completion documents along with such application for completion

certificate. The BPC Official shall normally issue to the operator the completion certificate

Page 70: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

70

within one month after receiving an application therefore from the operator after verifying

from the completion documents and satisfying himself that the work has been completed in

accordance with and as set out in the construction and erection drawings and the contract

documents.

The operator, after obtaining the completion certificate is eligible to present the final bill for

the work executed by him under the terms of contract.

35.2. Completion Certificate:

The operator shall be furnished with a certificate by the BPC Official of such completion, but

no certificate shall be given nor shall the work be deemed to have been executed until all

surplus materials and rubbish is cleared off the site completely or until the work shall have

been measured by the BPC Official whose measurement shall be binding and conclusive. The

work will not be considered complete and taken over by the Owner, and to the satisfaction of

the BPCL Official.

If the operator shall fail to comply with the requirements of this clause on or before

the date fixed for the completion of the work, the BPC Official may at the expenses of the

operator remove such surplus materials and rubbish and dispose off the same as he thinks fit

and clean off such dirt as aforesaid, and the operator shall forthwith pay the amount of all

expenses so incurred and shall have no claim in respect of any such scaffolding or surplus

materials as aforesaid except for any sum actually realised by the sale thereof.

Page 71: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

71

SECTION V

TAXES/DUTIES/ INSURANCE

36. TAXES, DUTIES ETC.:

The operator agrees to and does hereby accept full and exclusive liability for the payment of

any and all taxes, duties etc. now in force or hereafter Imposed, increased or modified, from

time to time in respect of work and materials and all contributions and taxes for unemployment

compensation, insurance and old age pensions or annuities now or hereafter imposed by any

Central or State Government authorities which are imposed with respect to or covered by the

wages, salaries, or other compensations paid to the persons employed by the operator and the

operator shall be responsible for the compliance with all obligations and restrictions imposed

by the Labour Law or any other law affecting employer - employee relationship and the

operator further agrees to comply and secure the compliance by all sub-contractors, with

all applicable Central, State, Municipal and local laws and regulations and requirements of

any Central, State or Local Government agency or authority. Operator further agrees to defend,

indemnify and hold harmless from any liability or penalty which may be Imposed by the Central,

State of Local Authority by reason of any violation by operator or sub-contractors of such laws,

regulations or requirements and also from all claims, suits or proceeding that may be brought

against the Owner arising under, growing out of, or by reason of the work provided for by this

contract by third parties, or by Central or State Government authority or any administrative

sub-division thereof.

37. INSURANCE:

Operator shall at his own expenses carry and maintain insurance with reputable insurance

companies to the satisfaction of the Owner as follows:

i. Employees State Insurance Act:

The Operator agrees to and does hereby accept full and exclusive liability for the

compliance with all obligations imposed by the Employees State Insurance Act, 1948, and

the operator further agrees to defend, indemnify and hold Owner harmless from any

liability or penalty which may be imposed by the Central, State or Local Authority by reason

of any asserted violation by operator or sub-contractor, of the Employee State Act, 1948

and also from all claims suits or proceedings that may be brought against the Owner arising

under, growing out of or by reason of the work provided for by this contract whether

brought by employees of the operator, by third parties or by Central or State Government

authority or any political sub-division thereof.

The operator agrees to filing, with the Employees State Insurance Corporation, the

Declaration Forms and all forms which may be required in respect of the operator’s or sub-

contractors employees whose aggregate remuneration as fixed by the concerned

authorities and who are employed in the work provided for or those covered by ESI

Act under any amendment to the Act from time to time. The operator shall deduct

and secure the agreement of the sub-contractors to deduct the employee’s

Page 72: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

72

contribution as per the first schedule of the Employee State Insurance Act from wages and

affix the

Employee’s contribution Cards at Wages payment intervals. The operator shall remit and

secure the agreement of the sub-contractor to remit to the authorized bank, Employee’s

State Insurance Corporation Account, the Employee’s contribution as required by the Act.

The operator agrees to maintain all Cards and records as required under the Act in respect

of employees and the payments and the operator shall secure the agreement of the sub-

contractor to maintain such records. Any expenses incurred for the contribution, making

contribution or maintaining records shall be to the operator’s or sub-contractor account.

The Owner shall retain such sum as may necessary, from the total contract value until

operator shall furnish satisfactory proof that all contributions as required by the Employees

State Insurance Act, 1948, have been paid.

ii. Workman’s Compensation and employee’s Liability Insurance:

Insurance shall be effected for all the Operator’s employees engaged in the performs of

this contract, if any of the work is sublet, the operator shall require the sub-contractor

to provide workman’s compensation and employer’s liability Insurance for the latter’s

employees if such employees are not covered under the operators insurance.

iii. Any other Insurance Required under Law or Regulations or by Owner:

Owner shall cover Project Material and Equipments under and over all Marine-cum-

Erection Insurance Policies. Operator shall carry and maintain any and all other insurance

which be required under any law or regulation from time to time. He shall also carry and

main any other insurance which may be required by the Owner.

iv. Automobile Liability Insurance:

Operator shall take out an Automobile Liability Insurance to cover all risks to Owner for

each of his vehicles plying on works of this contract and these insurance shall be valid for

the total contract period. No extra payments will be made for this insurance. Owner shall

not be liable for any damage or loss not made good by the insurance company, should such

damage or toss result from unauthorised use of the vehicle.

38. DAMAGE TO PROPERTY:

i. Operator shall be responsible for making good, to the satisfaction of the Owner any loss of

and any damage to all structures and properties belonging to the Owner or being executed

or procured or being procured by the Owner or of other agencies within the premise all the

work of the Owner, if such loss or damage is due to fault and/or the negligence willful

acts or omission of operator, his employees, agents, representative or \ sub-contractor.

ii. The operator shall indemnify and keep the Owner harmless of all claims for damage to

property other than Owner’s property arising under or by reason of this agreement if such

claims results from the fault and/or negligence or willful acts or omission of operator, his

employees, agents, representatives or sub-contractors.

Page 73: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

73

SECTION VI

LABOUR LAWS AND OTHER REGULATIONS

39. COMPLIANCE WITH STATUTORY REQUIREMENTS:

The Operator shall conform to the provisions of all local laws / by laws and regulations relating

to the work and pay all fees payable to such authorities for execution of the work involved. BPC

shall not be responsible for such liabilities and claims.

The Operator shall comply with the provisions of all labour legislation including the

requirements of:

• Payment of Wages Act

• Factories Act 1948

• Workmen Compensation Act

• Contract Labour (Regulation & Abolition Act, 1970 & Central Rules, 1971) Act.

• Shops & Establishment Act PF & ESI Acts

• Prevention of Child Labour Act, (No child labour shall be employed by the Operator)

• Indian Contract Act.

• Maternity Benefit Act etc

Compliance with all the requirements of above Acts/ Regulations/related rules shall be

responsibility of the Operator.

The Operator shall obtain necessary license from the Licensing Authority under the Contract

Labour (Regulation & Abolition) Act, 1970 and the Central Rules framed there under and

produce the same to BPCL before start of work.

The Operator shall not undertake or execute or permit any other agency or sub-contractor to

undertake or execute any work on the Operator’s behalf through contract labour except under

and in accordance with the licence issued in that behalf by the Licensing Officer or other

authority prescribed under the Factories Act or the contract labour (Regulation & Abolition)

Act-1970 or their applicable law, rules or regulations, if applicable.

The provision of EPF & MP Act, 1952 and the Rules/Schemes there under shall be applicable to

the Operator and the employees engaged by him for the work. The Operator shall furnish the

code number allotted by the RPFC Authority, to the BPC before commencing the work.

The Operator shall be exclusively responsible for any delay in commencing the work on account

of delay in obtaining a license or in obtaining the code number and the same shall not

constitute a ground for extension of time for any purpose.

The Operator shall enforce the provisions of ESI/EPF Act and Scheme framed there under with

regard to all his employees involved in the performance of the Contract and shall deduct

employee’s contribution from the wages of each of the employees and shall deposit the same

Page 74: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

74

together with employer’s contribution of such total wages payable to the employees in the

appropriate account. Operator is required to submit documents/challan towards proof of

remittance towards ESI,EPF for the workers engaged for this work along with every RA bill,

failing which owner will deduct 20% of the amount of the Operator’s bill and retained deposit

will be refunded to the Operator only on production of documents/challan.

Requirement of Factory Rules are to be met by the Operator and shall be included within his

quoted price.

In addition to the clauses mentioned, in an event of non-payment/short payment of statutory

dues (like minimum wages, PF/ESI contribution, etc) and /or any penalty payable on account of

non-adherence to statutory regulations, within the stipulated period as stated in the relevant

laws/rules, the owner reserves the right to recover/withhold the said amount including

penalty, if any which may arise on account of such non-payment /short payment.

Notwithstanding the above, the bidder shall be responsible for any future litigation /action that

may arise on account of such non-payment/short payment.

The Operator shall ensure that work procedures and actions fully conform to all the relevant

statutes, acts, laws and bye –laws applicable. The Operator shall also ensure strict adherence

to National/International standards/conventions/ requirements as well as the current editions

of the codes and standards as applicable to O&M of the Plant.

BPCL will take Approvals for all necessary statutory licenses applicable to Plant & Machinery.

Operator will take the license for weights and measurement stamping and renew the same on

yearly basis.

• INDIAN FACTORIES ACT 1948:

The Operator shall follow the provisions of Indian Factories Act and all rules made there under

from time to time as applicable and shall indemnify the employer against all claims of

compensations under the provisions of the act in respect of workmen employed by the

Operator in carrying out the work against all costs, expenses and penalties that may be incurred

by the employer in connection therewith.

40. LABOUR LAWS:

i. Operator shall submit the Labour License obtained from the Office of the commissioner

of Labour, or appropriate authority acceptable to the BPC as required for executing the

work.

ii. The Operator shall maintain the wage Records, work commencement /completion

certificate etc. and obtain necessary clearance from BPC for bill clearance.

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

Page 75: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

75

iv. The operator shall not pay less than what is provided under the Minimum Wages Act for

the applicable trade or category of workman to the worker engaged by him on the work

and also ensure that any sub-contractors engaged by him also pay not below the

applicable minimum wages under the Act and hold the company, indemnified in respect

of any claims that may arise in respect or non-compliance with this requirements.

v. The operator shall observe all the formalities required under the provisions of the

contract labour (Regulation and abolition) Act 1970 and the rules made thereunder and

as may be amended from time to time. He shall pay the required deposit under the Act

Appropriate to the number of workmen to be employed by him or through sub-

contractor and get him self registered under the Act. He shall produce the certificate of

registration granted by the Govt. authority under the Act to the company before

commencement of work. The company recognises only the operator and not his sub-

contractors under the provisions of the Act. The operator will have to submit daily a list

of his employees, who will be entering the Company’s premises for the work awarded.

He will also keep his wage register available at all times as close to the work site as

possible and produce the same for inspection whenever required by designated

Company officials. If the company so desires, a deposit may be taken from the Operator

to be refunded only after the Company is satisfied that all the workmen employed by the

operator have been fully paid for the period of work in Company’s premises at least at

rates equal to or better than wages provided for under the Minimum Wages Act.

vi. The Operator will comply with the provisions of the employee’s Provident Fund Act and

the Family Pension Fund Act as may be applicable and as amended from time to time.

Operator shall obtain their own provident fund account number. Offer of the operator

who does not have provident fund account will be liable for rejection.

vii. The Operator will comply with the provisions of the Payment of Gratuity Act 1972 as may

be applicable and as amended from time to time.

41. CHILD LABOUR PROHIBITION:

The Operator shall strictly comply with provisions of various enactment on child labour

including "Child Labour (Prohibition & Regulation) Act, 1986 and shall not engage any labour

below the age of 18 years for any kind of work in the BPC premises. BPC reserves the right to

terminate the contract for violation of the provisions of the above enactment. BPC reserves the

right to reject the persons found not suitable for the job.

In the event of non- compliance with the statute or the provisions thereof, referred to above,

it shall be open to BPC to withhold such amount as in its opinion is due and payable by the

Operator in respect of its employees from and out of dues, payable by BPC to the Operator and

such due shall be held by BPC with it until proof is submitted by the Operator to BPC indicating

compliance with such statutes within reasonable time, failing which BPC shall deposit such

amounts with the authorities concerned on behalf of the Operator and inform the Operator of

such deposit or deposits”.

Page 76: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

76

42. IMPLEMENTATION OF APPRENTICES ACT 1961:

The Operator shall comply with provisions of the Apprentices Act 1961 and the Rules/orders

issued thereunder from time to time. If he fails to do so, his failure will be breach of the contract

and the BPC Official may, at his discretion, cancel the contract. The operator shall also be liable

for any pecuniary liability arising on account of any violation by him of the provision of the act.

43. OPERATOR TO INDEMNIFY THE OWNER:

The Operator is also required to indemnify the owner, against any suit or loss or claim or

penalties or damages whatsoever resulting out of non- compliance on the part of the Operator

with the provisions of aforesaid act and the schemes framed thereunder or non-compliance of

any of the terms and conditions of this tender.

The Operator shall indemnify and hold harmless BPC and their representatives free from any

and all liabilities arising out of non-fulfilment of HSSE requirements

Operator shall conduct the business in such a manner, so as to give a clear indication to the

third parties that the property and in such goods belonged to BPC. Bidder shall render to BPC

proper accounts for all such property and the strict proof thereof. Operator shall not sell,

transfer, alienate, mortgage, charge, hypothecate, pledge or otherwise create any

encumbrances on all or any of the said property in such goods, ie., product and packing material

The Operator shall not subject, the property and such goods belonged to BPC, to any

attachment, lien, distrait or subject to transfer, possession of custody by any officer or Court

Receiver of any revenue Authority in any proceedings to which the Operator might become a

party or which might otherwise be initiated against the Operator by any third party.

Notwithstanding anything contained in this tender, any violation of this clause by committing

any act of omission whether voluntary/involuntary on Operator part shall be a ground and

sufficient cause for BPC to terminate forthwith, the work order placed on the Operator.

OPERATOR’S PERSONNEL AND PROPERTY:

The Operator shall be liable for and shall indemnify the owner, the participants and owner’s

personnel from and against all claims in respect of any death or injury or Operator’s personnel

and any damage to Operator’s property in each case caused by or arising out of the

performance of this contract and whether or not arising in respect of a serious event. The

assumption of liability and the indemnity contained in this clause extends to any claims made

against the owner pursuant to any provision of any agreement, whenever effective, under

which owner assumes liability in respect of and/or indemnifies and/or otherwise compensates

any other person or body in respect of the death or injury of Operator’s personnel and any

damage to Operator’s property arising in respect of a serious event.

All Operator’s personnel which may include permanent, temporary or casual, servants, agents

and / or representatives, contractual or otherwise, either Operator’s and /or their sub-

contractors, affiliates/subsidiaries/co-ventures shall be covered under operator’s workers

compensation and employers liability insurance of statutory benefits and any damages or

compensation payable in respect of accidents of injury as set forth and required by applicable

Page 77: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

77

law in the area of operations or such other jurisdiction under which Operator may become

obligated to pay benefits. Employers’ liability insurance, including appropriate maritime

coverage covering all Operators’ personnel shall be provided to meet the requirement of this

clause or as required by applicable statute, whichever is greater. Workmen’s compensation

and / or employers’ liability insurance covers or coverage of comparable nature, to the full

extent required by all statute/laws applicable in any jurisdiction of operations hereunder in the

course of contract shall be effected by the Operator for the appropriate limits and for the entire

period of the contract.

Personnel Injury And Property Damages:

a) Operator shall indemnify and hold harmless the indemnified all claims resulting from

personal injury to any personnel, employees, sub-contractors or agents of Operator or

damage to any property of Operator or any employees or agent or sub-contractor arising

out of the performance of the services, whether or not the personnel injury or damage to

property is caused by or contributed to by the negligence or other legal fault of the

indemnified.

b) Operator shall further indemnify and hold harmless the indemnified against all claims

resulting from personal injury to any person (s) or damage to any property to the extent

that the personal injury or damage is contributed to by negligence or other legal fault of

the Operator.

Third party and third party property:

Third party liability insurance shall be provided for liability arising from all operations of

Operator including accidental / similar liabilities. The policy shall include coverage for premises

and operations & maintenance. It is expressly the term third party shall mean and include any

person other than that employed by Operator himself and shall not extend to any person in

employment of owner or sub-contractor / associates / affiliates / subsidiaries/ co-ventures and

or other similar agencies.

Operator shall be liable for and shall indemnify Owner and owner’s personnel from and against

all claims in respect of any death or injury of a third party and any damage to third party

property in respect of each and any single incident caused by or arising out of the performance

of this contract by Operator or its sub-contractors.

Apart from complying with the various expressed conditions it is necessary for the Operator to

take reasonable precautions.

For safety of the property insured by BPC.

In selection of labour

To prevent injury, loss or damage

To allow the insurer’s access to examine the insured’s premises plant and

equipment

Page 78: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

78

To minimize loss in the event of an accident

44. HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS:

In respect of all labour directly employed in the works for performance of the operator’s par

this agreement, the operator shall comply with or cause to be complied with all the rules and

regulations of the local sanitary and other authorities or as framed by the Owner from

time to time for the protection of health and sanitary arrangements for all workers.

45. SAFETY REGULATI ONS:

i. In respect of all labour, directly or indirectly employed in the work for the performance of

operator’s part of this agreement, the operator shall at his own expenses arrange for all

safety provisions as per safety codes of C.P.W.D. Indian Standard Institution, the Electricity

Act, The Mines Act and any such other acts as applicable.

ii. The Operator shall ensure that he, his sub-contractor and his, or their personnel or

representatives shall comply with all Fire / Safety regulations issued from time to time

by the Company or otherwise howsoever and should any injury resulting in death or not

or loss / or damage due to Fire to any property or a portion thereof, occurred as a result of

failure to comply with such regulations, the operator shall be held responsible for the

consequences thereof and shall keep the company harmless and indemnified.

46. ARBITRATION:

Any dispute or difference whatsoever arising out of or in connection with this Agreement

including any question regarding its existence, validity, construction, interpretation,

application, meaning, scope, operation or effect of this contract or termination thereof shall

be referred to and finally resolved through arbitration as per the procedure mentioned herein

below :

a) The dispute or difference shall, in any event, be referred only to a Sole Arbitrator

b) The appointment and arbitration proceedings shall be conducted in accordance with

SCOPE forum of Arbitration Rules for the time being in force or as amended from time to

time

c) The Seat of arbitration shall be at 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.

47. JURISDICTION:

The operator shall be governed by the Laws in force in INDIA. The operator hereby submits to

the jurisdiction of the Courts situated at Mumbai, for the purpose of actions and

proceedings arising out of the contract and the courts at Mumbai, only will have jurisdiction to

hear and decide such actions and proceedings.

Page 79: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

79

SECTION -VII

SPECIAL CONDITIONS OF CONTRACT

GENERAL:

(a) “Owner” means “Bharat Petroleum Corporation Ltd”, incorporated in India having its

Registered Office at Currimbhoy Road,Ballard Estate,Mumbai -400001.

(b) It is implied that wherever “BPC” or “BPCL” is appearing in the various sections of the

tender document the same shall be read as” Bharat Petroleum Corporation Ltd ”

(c) Wherever operator, vendor, bidder, tenderer, Operator has been mentioned, it implies the

successful Bidder.

(d) Notwithstanding the subdivision of the document into these sections and volumes every

part of each shall be deemed to be supplementary and complimentary of every other part

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

(e) The Operator has to maintain all necessary documentation and records such registers,

Inventory registers, Daily reports, Weekly reports, Monthly reports, Material reconciliation

reports and all other documentation as required for the smooth and effective

implementation of the work. Such of these reports as advised from time to time shall be

submitted on a periodical basis to BPCL. All reports submitted to BPC shall be in duplicate

and also in a soft form.

(f) The Operator will operate the required fire-fighting equipment and will be prepared at all

times to combat fire eventuality at their place of work.

(g) The contract shall be treated as having been entered into from the date of handing over

the facilities by BPC to the Operator.

(h) It is expressly agreed between the Parties that the Operator is merely permitted to enter

upon the premises for operation and maintenance during the term of the agreement. The

Operator shall have no right, title or interest of any nature whatsoever in the said premises,

plant, products or machinery. The Operator undertakes not to claim tenancy, ownership,

leasehold rights on the said products, plant or machinery

48. MANPOWER DEPLOYMENT:

a. The Operator shall employ adequate staff of requisite competencies for all the

activities mentioned in Scope of Work. The manpower deployed for direct online

specialized activities shall be direct employees of the Operator.

b. It is hereby specifically agreed that the responsibility for the employment of such staff

and their salary, wages, remuneration, etc., shall be the sole responsibility of the

Operator and that BPC shall not be responsible in any manner directly or indirectly for

such employment or expenses so incurred by the successful Bidder thereof. Successful

Bidder shall give a declaration to this effect that the Wages are paid as per Minimum

Wages Act.

Page 80: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

80

c. The Minimum wages payable shall be as per statutory regulations.

d. In case any women employee is employed in the Plant by the Operator, all necessary

provisions/facilities, as laid down in Factories act 1948 & other acts like Maternity

benefit act 1961, Equal remuneration Act 1976 etc, are to be strictly adhered to by the

Operator.

e. The Operator shall deploy his personnel/labour as per requirement and as instructed

by the BPC. In case of exigencies, at times, it may be necessary to carry out the work

round the clock. Operator’s quoted rates shall cover such eventualities.

f. All Key Operating Personnel, Maintenance Personnel, Accounts personnel and Quality

Control personnel shall be qualified and experienced to handle the relevant work as

stipulated elsewhere in the bid document. The bidder shall provide the details in the

techno-commercial offer.

g. The qualifications & experience of officials & staff to be deployed by the Operator must

not be below the level as indicated hereunder:

Operation Officer: Must be a qualified Engineering Graduate (Mechanical/

Electrical/Instrumentation/Civil) from a recognized University with a minimum of

3 Years work experience out of which 1 year should be in any Petroleum industry

or working with technical service provider to petroleum industry

Maintenance Officer: Must be a qualified Engineering Graduate (Mechanical/

Electrical/ Instrumentation/ Civil) from a recognized University with a minimum of

3 years work experience out of which 1 year should be in any Petroleum industry

or working with technical service provider to petroleum industry

Safety Officer: Must be a qualified Graduate or Post Graduate in (Safety/HSSE)

from a recognized University approved by state government with a minimum of 3

years work experience out of which 1 year should be in any Petroleum industry or

working with technical service provider to petroleum industry

Planning assistant: Must be a qualified graduate /post graduate with minimum of

3 years work experience.

Field Supervisor: Must be degree or diploma holder in engineering. At least one

supervisor or his superior shall be available per shift in case of any activity taking

place in the Plant.

Electrician: Must be ITI (Elec) with required statutory license/certificate for

electrical operation/maintenance. Minimum 3 years experience in Industrial

installation drawing HT power.

Technician/ FWPH Operator/ TT Operator/ LPG Pump-house Operator: Must be

ITI (Mech/Instrumentation) with three years industrial experience.

LPG Operators: Xth pass or ITI with 2 years’ experience of operation in any

Industry.

h. The Operator shall provide the list and qualifications/work experience of all personnel

Page 81: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

81

proposed to be employed for the subject work.

i. It shall be the Operator’s responsibility to provide the optimal number and mix of staff

to ensure timely, efficient, reliable, productive and safe performance of work assigned

to the best practice and system employed at similar work situations.

j. Manpower engaged for LPG Operation and Maintenance shall be less than 45 years of

age. Operator shall take specific approval for any deviations in this respect.

k. The following positions require exclusive manning and no other jobs shall be assigned

to these operators, unless specific concurrence is taken from BPC:

Pre-inspection of cylinders Tare-weight punching Weight correction & O-ring replacement Valve Changing Unit/Evacuation Unit Test-bath TT loading/.unloading operator LPG Pump-house operator Technician Electrician Fire water pump house operator. DPT Testing and Painting

49. ORGANOGRAM

The organogram (minimum) for the entire operation and maintenance of the Plant should

be furnished to BPC before commencement of work. Any changes suggested by BPC are to

be obliged by the Operator.

50. DRESS CODE The following dress code has to be adhered to very strictly. All employees should be neat, clean and well groomed in appearance.

While on duty all employee will wear the uniform provided by Operator. Uniform shall

be clean and in good condition. Uniform shall have an emblem and name of Operator

on pocket and rear of Boiler suit. Wearing of nylon, or any other polyster cloth which

may cause spark due to static electricity is strictly prohibited.

All staff shall wear safety shoes and safety helmets of approved IS quality Depending

on work requirement respective worker shall wear additional safety gear like mask,

safety gloves, belts etc.

51. TRAINING

a) All Staff should have been trained on Safety, First Aid and handling emergency situations

such as LPG leakage, fire etc. The Operator would conduct training sessions on use of fire-

fighting equipment and Fire Drill for all the contract workmen and the sessions have to be

Page 82: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

82

attended without fail. The staff should be trained to face emergency situations; such

programs could be industry specific & as per requirement of statutory authorities.

b) Training to the Operator’s employees must be imparted as per policy of the Company and

must be identical in structure, duration and content for intended grade of personnel in line

with OISD standard 154.

c) All employees shall be trained in Hazard identification techniques and be familiarized

with risk assessment and risk mitigation methods. Training will include following :

Basics of Safety Management System

The causes and effects of accidents

Hazard identification Risk Assessment and risk mitigation Controlling risks and Preventing Accidents Emergency preparedness & Crisis Management Critical Task Analysis Importance of trip/alarm and Safety Procedures and systems Learning from case histories

d) All employees including regular operators and security personnel shall be given safety and

fire fighting training with the help of reputed training institutes and records kept thereof.

e) All Field supervisors shall be given safety and simulated fire fighting training based on

simulated modules of live fires on LPG equipment, pipeline manifold and pumps, process

platforms etc. in reputed training institutes equipped with these facilities.

f) All the TT drivers entering into the Plant premises shall be given training as per Rule 9 of

Central Motor Vehicles Act/Rules 1989. Operator will organize the training of TT drivers &

must ensure that all TT drivers entering in the Plant premises must possess the necessary

training certificate as laid down in the Motor Vehicles Act/Rule 1989. Cost of imparting

training to TT drivers has to be borne by the transporters for which Operator will

coordinate.

g) Operator will also impart training to all security guards about the operations of fire fighting

& safety equipments available in the Plant. BPC has a structured training program for

various grades at Plants. Operator will have to follow the same structure, frequency and

content for their personnel. BPC may also nominate some of the Operators’ personnel to

participate in the training organized by BPC for their personnel and the personnel so

nominated shall attend courses at the Operators’ cost.

h) It shall be binding on the Operator to send its employees/skilled manpower like electrician,

fitter, etc., to BPCL nominated programs and expenses thereof will be borne by Operator.

52. EXCLUSIVE DEPLOYMENT FOR BPC:

The associated tools and tackles for operation and maintenance of the process unit and

experienced personnel shall be exclusively deployed for services assigned by BPC

throughout the contract period, any changes in manpower and equipment assigned should

be reported to BPC.

Page 83: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

83

53. SYSTEM & DOCUMENTATION: As part of the contract, it shall be responsibility of the Operator to operate the Plant as per

the SOP, OISD guideline and instructions given by BPCL time to time. If Operator wants to

implement any system modifications then he has to take approval from BPCL before

implementation of the same.

54. IMPLEMENTATION OF NEW TECHNOLOGY Operator shall facilitate implementation of new technology or installation/ upgradation of

equipment, from time to time. Operator must ensure that all such equipment/systems are

maintained in good condition & these systems must be operative at all times. However if

BPCL desires to introduce new technology for system and safety upgradation operator will

not be entitled to ask for any extra amount or any objection.

55. INSURANCE:

BPC has taken comprehensive insurance policy for the products, property/ facilities,

Business interpretation, Computer system records etc. Operator will be guided by the terms and conditions of the policy. Bidders, if so desire, can

obtain a copy of the comprehensive insurance policy from BPC Officials. Any loss which is

over & above the insured value/ items will have to be borne by the Operator. Any other Insurance as required under Law: Operator shall also carry and maintain any and all other insurance(s) which may be required

under any law or regulation from time to time without any extra cost to OWNER. Operator

shall also carry and maintain any other insurance, which may be reasonably required by

OWNER.

56. TAXES:

No statutory variations in any other taxes/duties except GST will be entertained. Only

new/fresh taxes levied by Central/State Government and if applicable, shall be paid by BPC

upon submission of relevant and applicable Gazette notification and production of

documentary evidence for remittance of such new taxes. For this purpose, Operator has to

advise the rate build-up along with their quoted price in the Price Bid.

In case there is increase/decrease in the GST rate during anytime during the contract

period, differential amount of tax will be reimbursed/ deducted to the Operator.

Operator shall have to issue such Invoices so as to enable BPCL to take credit of GST and

other taxes.

Page 84: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

84

57. PENALTY

Vendor shall be required to strictly adhere to the quality control/audit compliance

procedures stipulated by the Corporation from time to time. Operator should employ

manpower required for Quality inspection such that they should have at least minimum

specified skills/qualifications.

BPCL can carry out the Quality Checks at the time of receipt of cylinder at Distributor

premises, during filling operations and/or during storage for their adherence to the quality

standards. If any deviations are observes as per the prescribed norms or statute then

penalty shall be raised against the Operator as given below:

A. NON-COMPLIANCE OF REQUIREMENTS

The Operator shall adhere to all provisions of Operation & HSSE requirements. In case of

non-compliance or failure in implementation of any of the provisions, BPC may impose stop

of work without any cost & time implication to owner. Additionally, Operator is liable for

imposition of damages for various non-compliances as enlisted below. BPCL shall be

entitled to deduct and recover the said Penalty from any /all dues payable to Operator and

also claim the balance, if any from SD/PBG.

S. No. Event Penalty (Rs.)

1 Not Conducting Safety committee meeting/ fire drill

5,000/- per meeting and 5,000/- per drill

2 Non-deployment of competent safety

personnel at work site by Operator

1,000/- per day

3 Not using Personal Protective Equipment (Helmet, goggles, gloves, safety belts, etc.,)

500/- per instance per Person

4 Not using safe gadgets for electrical

connections at work sites (Not installing/ bypassing ELCB, poor use of plug-tops/

insertion of naked wire ends into socket holes, laying cables/wires across

roads/drains, absence of competent

electrician, etc.)

5,000/- per instance

5 Working at height without permit and/or failure to arrange fall-protection

arrangement (while works continue at heights, i.e., 3 mtrs)

10,000/- per instance

6 Failure to carry out checking/servicing of

fire extinguishers as per norms and

maintaining records

500/- per FE

7 Failure to submit HSSE reports/Check Lists,

etc., by 5th of every month to BPC

500/day of delay

8 Hot/Cold Work without permit/clearance 10,000/- per occasion

9 Failure to carry out earth testing of

earthing connections with in the stipulated

time

5,000/-per instance

10 Non-fencing of excavated area 1,000/- per instance

Page 85: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

85

11 Inadequate First Aid Box 500/- per instance

12 For delay in making day end on ERP system 1,000/- per day of Delay

13 Non-submission of month end documents related to Plant Operations, by

17:00 hrs of first day of the following month

10,000/- per day of Delay

14 Non Compliance of observations/

recommendations by BPC/External

Agency during inspections, within agreed

period.

Rs 10,000/- per Instance

15 Penalty for non-mobilization within

stipulated date

As per non-mobilization

clause.

16 Penalty for DPT cylinders found after SQC

point or at distributor’s godown during

unloading

5,000/- per cylinder

17 Penalty for Valve leak/O-ring leak cylinders

found during surprise check at SQC point

5,000/- per cylinder

18 Penalty for underweight/overweight

cylinders beyond permissible limit (as

prescribed by W&M) in a sample of 32 cylinders during surprise check at SQC

5,000/- per instance

19 Penalty for empty cylinders found

without caps inside Plant premises and filled cylinders lying horizontal

100/- per cylinder

20 Bypassing of any equipment/systems/

quality control checks

10,000/- per system

Bypassed

21 Not meeting the accuracy criteria of 95 %

cylinders within + 50 gms for 14.2-kg

capacity cylinders in the filling done in any

calendar month (based on filling report generated from system).

50,000/- per instance

22 Market Return sent back by Distributor

after certification from Sales Officer for any defective cylinders.

5,000/- per cylinder

B. PENALTY ON NON-MOBILISATION & LOSS OF PRODUCTION:

The successful bidder shall have to mobilize, complete all associated activities specified and

take over the Plant and commence the O&M services within 30 days of date of LOI/PO,

unless specifically extended by BPCL in writing. In case of failure by the Party to commence

services within the above period, Party is liable for Penalty of 1 % (one percent) of Total

contract value per week for every week of delay or part thereof, until the date of actual

commencement of operations. Operator is liable for all consequential Penalty for non-compliance of any of the tender conditions, and the same will be recovered from the Operator’s running bills and SD/PBG. Further, if BPC had to arrange rescue supplies from other sources due to Plant breakdown/low productivity on account of improper maintenance/negligence/ non-

Page 86: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

86

performance by the Operator, additional cost incurred by BPC for making such supplies will be recovered from the Operator. C. MAXIMUM PENALTY ON THE TOTAL CONTRACT VALUE: The total amount payable by the Operator on account of the above clauses on Penalty, i.e.,

Clause No.57A,57 B, shall be restricted to a maximum of 25 % (twenty five percent) of the

total accepted contract value.The above penalty would be over and above the liability

mentioned in clause number 25 and 29 of this tender.

58. COMMENCEMENT OF WORK:

The successful Bidder shall submit the SD/PBG in the manner specified within fifteen days

of issue of LOI/PO. Party shall mobilize, complete taking over the Plant and commence

O&M services within 30 days of LOI/PO, unless BPCL grants extension in writing. In case of

delay, damages as mentioned in 57.B will be recovered up to a maximum of 60 days from

date of LOI/PO. In case the Party is not commencing the O&M activities within 60 days of

LOI/PO, BPC reserves the right to cancel the Order and forfeit the EMD/SD.

59. STRIKE/LOCKOUT/CLOSURE BY OPERATOR The Operator shall not stop or cause stop of work during the period of the contract by

resorting to strike or other agitation methods. The Operator agrees that he/they shall be

liable for all consequences for the delay caused or loss/damages suffered by BPC due to the stop/strike by the Operator. Operator is liable for recovery of entire cost of production

lost and other incidental expenses incurred due to this, from the Operator’s running account bills.

60. DEFAULT BY SUCCESSFUL BIDDER: The successful Bidder may be debarred at the discretion of the company, from issue of further tender documents work orders etc., for a specified period to be decided by BPC in

case of undue delay in starting and execution of work awarded, poor performance, backing

out from the tender, non accepting work order/LOI during the validity of tender or non

observance of safety rules and regulations, misappropriation of company’s

materials/property, nonpayment of due wages to labour or such similar defaults.

61. VERIFICATION OF DOCUMENTS: The successful bidders will have to produce Originals of the submitted documents before

issuance of Work order/LOI.

62. SAFETY INDUCTION PROGRAM All the Operator personnel shall undergo safety briefing (To be organized by the Operator

at his cost) and obtain clearance from BPC officials before commencement of work at site.

63. ECS PAYMENT

Page 87: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

87

The bidders are advised that all payments related to this work would be made through

Electronic Clearance Service (ECS). The bidder would be required to provide particulars of

their bank account along with the bid. In the event of change in bank account during the pendency of the order, it is the

responsibility of the successful bidder to advise BPC of the changes under the signature of

an authorized person in their letterhead and seek an amendment to the Agreement if

required. Failure on the part of the bidder to communicate changes in bank account nos. (for reasons

which may include change in the constitution of a party due to amalgamations/

mergers/take-over) or delay in receipt of communications or non-updation of bank account

nos may result in payments being made to an unrelated account for which BPC will not be

responsible.

64. SUBMISSION OF REPORTS The Operator shall submit daily, weekly, fortnightly, monthly, quarterly, annually report for

all the activities envisaged in the various sections of the bid document. The designated

officials of the Owner shall verify the above reports before sending the same to BPC.

65. CONFIDENTIALITY

The parties shall during the contract period of the agreement & thereafter, maintain secret

and confidential and shall not disclose to any third party or person any proprietary

information or any other information considered secret & confidential by any of the

parties, which is disclosed at any time during or for the purpose of negotiation or implementation of the agreement & bidding documents. The parties shall take reasonable

measures to ensure that their employees comply with the confidentiality obligations set

forth in the agreement.

66. TRADE MARKS

The Operator shall not do any act whereby the BPC’s rights in its trademarks or any of them may be jeopardized. The Operator shall not at any time claim or have any right in any of the trademarks of BPC and shall promptly convey to BPC any information obtained or

received by the Operator of any infringement of any trade mark of BPC or of the use by any person, firm or Company of any trademarks which may be confusingly similar to any of the trademarks of BPC. The Operator shall not use any trademarks of BPC except as may be specifically allowed in writing by BPC at its sole discretion.

67. CONTRACT PERIOD:

The duration of the contract shall be for a firm period of 24 (Twenty four) months from the date

of commencement of operations at the Plant by the successful Bidder and can be extended for

one more year on the sole discretion of BPCL.

Page 88: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

88

68. CONTRACT DOCUMENT:

The Bidder whose Bid has been accepted by BPC shall enter into an Agreement, with BPC at the

date and place as notified by BPC. In case LOI/PO is released, the successful bidder should

acknowledge the same within 15 days of mailing of the Order and any delay in acknowledging

the receipt will be a breach of contract.

The contract documents for the agreement shall be prepared after award of contract as

intimated to the successful Bidder by Letter of Intent. Until the final contract documents are

prepared and executed, the bidding documents together with the Annexure(s), modifications,

deviations agreed upon by BPC and Bidder’s acceptance thereof should constitute a binding

contract between the successful Bidder and BPC. The documents for preparation of the

Agreement shall consist of the following:

• Original bidding documents submitted by the bidder along with its enclosures.

• Addendum / Corrigendum to the bidding documents, issued by BPC, if any.

• Fax/email of Intent/ Letter of Intent along with statement of Agreed Variation (if any) and

enclosures therewith.

69. SUSPENSION OF PRODUCTION AND SUPPLIES: a. Without prejudice to the other provisions of the Contract, BPCL reserves the right to order

suspension of production and supplies from the Plant in case of repeated quality and Safety

related aspects were reported by officers/ representatives of BPCL/Statutory authorities,

and/or observed repeated number of points related to Maintenance and SOP in the ISA as

well as OISD audits conducted by BPCL or its representative/OISD and/or non- conformity

to the laid down process, or if any lapse is reported by any statutory authority, quality

complaint from any source, malpractice detected by any authority etc. at any time during the

currency of the Agreement.

b. Such suspension orders will be intimated to the vendor in writing by email and/or fax and/or

Registered Post, by the Corporation. On receipt of suspension order, vendor shall carry out

detailed root-cause analysis.

c. Corrective and preventive actions to be taken for avoiding recurrence of a particular type of

Quality and safety related aspects should be identified and implemented by the Operator.

Operator shall submit an action-taken report to BPCL. BPCL shall revoke the suspension based

on the adequacy of this action-taken report.

d. The vendor will be required to complete all actions necessary to obtain clearance from

Corporation for resumption of production at the earliest but not later than 7 days from the

date of suspension.

e. If request for the clearance from Corporation is not applied for within the said period of 7

days, the Corporation shall have the rights solely at its discretion to cancel contract and

forfeit the performance bank guarantee amount without prejudice to any other right as may

be available to the Corporation both under law and the contract terms contained in this

agreement for the recovery of the damages.

f. Whenever the Operator is under suspension, BPCL will arrange supplies to the connected

market from near-by Plants/PMC/Hospitality locations. Extra cost, if any, borne by BPCL while

Page 89: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

89

supplying from these plants, as outlined above, shall be recovered from the defaulting

Operator as per actuals.

Page 90: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

90

PROFQRMA OF BANK GUARANTEE

(On non-judicial paper of appropriate value)

FOR EARNEST MONEY / SECURITY DEPOSIT TOWARDS PERFORMANCE

To

Bharat Petroleum Corporation Ltd.

Dear Sirs,

M/s. ________________________________________________have taken tender for the

work ______________________CRFQ No/PO

No

________________________________________ for Bharat Petroleum Corporation Ltd.

The tender Conditions of Contract provide that the Operator shall pay

a sum of Rs.___________ (Rupees___________________________________ ________)

as earnest money/security deposit in the form therein mentioned. The form of payment of

earnest money/security deposit includes guarantee executed by Scheduled Bank, undertaking

full responsibility to indemnify Bharat Petroleum Corporation Ltd. in case of default.

The said_________________________________________ have approached us and at their

request and in consideration of the premises

we__________________________________________________________having our office at

____________have agreed to give such guarantee as hereinafter mentioned.

1. We__________________________________________hereby undertake and agree with

you that if default shall be made by M/s. ______________________________ in performing

any of the terms and conditions of the tender or in payment of any money payable to Bharat

Petroleum Corporation Ltd. We shall on demand pay to you in such matter as to you may direct

the said amount of Rupees _______________________________only or such portion thereof

not exceeding the said sum as you may from time to time require.

2. You will have the full liberty without reference to us and without effecting this guarantee

postpones for any time or from time to time the exercise of any of the powers and rights

conferred on you under the contract with the said _____________and to enforce or to for bear

from endorsing any power of rights or by reason of time being given to the said which under

law relating to the sureties would but for provision have the effect of releasing us.

3. Your right to recover the said sum of Rs.____________ (Rupees__________________

____________________) from us in manner aforesaid will not be affected or suspended by

reason of the fact that any dispute or disputes have been raised by the said

M/s.__________________ ________and/or that any dispute or disputes are pending before

any officer, tribunal or court.

Page 91: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of Contract

91

4. The guarantee herein contained shall not be determined or affected by the liquidation or

winding up, dissolution or change of constitution or insolvency of the said__________

____________________but shall inall respects and for all purposes be binding operative units

payment of all money due to you in respect of such liabilities is paid.

5. Our liability under this guarantee is restricted to Rupees____________________ Our

guarantees shall remain in force until________________________ unless a suit or action

to enforce a claim under___________________________ Guarantee is filed against

us within six months from _________________________ (which is date of expiry of

guarantee) all our rights under the said guarantee shall be forfeited and shall be relieved

and discharged from all liabilities thereunder.

6. We have power to issue this guarantee in your favour under Memorandum and Articles of

Association and the undersigned has full power to do under the Power of Attorney dated

__________________granted to him by the Bank.

Yours faithfully

_________________________ Bank by its Constituted Attorney Signature of a person duly

authorized to sign on behalf of the bank.

Page 92: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of the Contract

92

MEMORANDUM OF AGREEMENT

An agreement made this _____ day ____ of _________20___ between BHARAT PETROLEUM

CORPORATION LIMITED a Company Incorporated in India and having its registered office at

Ballard Estate, Mumbai, (herein after referred to as ‘the Company’ which expression shall

include its heirs, legal representatives, successors and permitted assignees) of

the one part, and

____________________________________________

____________________________________________________________________________

______________

____________________________________________________________________________

______________

______

(herein after referred to as “The Operator” which expression shall include its heirs, legal

representatives, successors and permitted assignees) of the other part, whereby it is agreed:-

1. The Operator shall carry out and complete the work as mentioned in the Purchase

order/Contract No._________________ dated ______________, (hereinafter referred to as

“the work”) for the Company at its specified site to its complete satisfaction in accordance with

the specifications, schedule of rates and plans attached as per Purchase order/Contract and

with the instructions given from time to time, by the Company’s authorized engineer under

whose supervision the work shall be-executed. The parties hereto agree that this agreement

shall be effective from the date of the aforesaid Purchase Order/Contract.

2. Inspection of site: The Operator has been given an opportunity before or at the time of the

entrusting of the work to him of making an inspection of the site to set at rest any doubt he

may have had about the difficulties attending his offer, and any difficulties which may be met

with by him in the course of the execution of the work shall neither relieve him from fulfilling

the terms of this Agreement, nor entitled him to claim extra payment or an extension of the

period stipulated for the completion of the work, except where it will be agreed by the

Company’s authorized Engineer that such difficulties could not have been foreseen.

3. Supply of Labour and Materials: The Operator shall furnish all labour, materials,

equipment or tools necessary for the construction of the work, except such materials,

equipment or tools as will be supplied by the Company and are detailed in Purchase

order/Contract. The operator will assume full responsibility for the protection and safety of the

work during its construction. The details and dimensions shown on the said plans referred to

in the Purchase order/Contract shall be strictly adhered to by the operator and no alterations

shall be made therein unless previous sanction thereto has been given in writing by the

Company.

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

Page 93: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of the Contract

93

(b) All materials supplied by the Operator shall be of the best quality. The Operator shall at his

own cost arrange for and/or carry out any test of materials, which the Company’s authorized

Engineer may require.

(c) The Operator shall at the request of the Company’s authorized Engineer immediately

dismiss from the work any person employed thereon who, in the opinion of the Company’s

authorized Engineer, is unsuitable or incompetent or who, has been guilty of misconduct, and

such person shall not again be employed or allowed on the works without the permission of

the Company, in writing.

4. E. & O. E. No advantage is to be taken either by the Company or the Operator of any clerical

error or mistake, which may occur in the specification, schedule of rates, plans, tender or any

other papers supplied to or by the operator in connection with the work.

5. Damage on account of Incomplete work: The Operator shall commence the work and shall

complete the work as mentioned in Purchase order/Contract failing which the Operator

shall pay or allow to the Company to recover as liquidated damages, at the rate of minimum

0.5% per week of delay or part there of up to a maximum of 5% of the total contract value,

if Liquidated damages clause is made applicable in the contract. Such damages may be

deducted by the Company from any amount due to the operator; otherwise they shall be

recoverable by lawful means.

6. a) Determination of the Agreement: The company shall, at any time, be entitled to

determine and terminate the contract, if in the opinion of the company, the cessation of the

work becomes necessary owing to paucity of funds or for any other cause whatsoever. On such

determination / termination, the cost of approved materials, brought by the operator and lying

at the site, at current market rates as verified and approved by company’s engineer and of the

value of the work done to date by the operator shall be paid for in full at the rate specified in

the contract. A notice in writing from the company to the operator of such determination and

termination and reasons therefore shall be the conclusive proof of the fact that the

contract has been so determined and terminated by the company.

Should the contract be determined as above and the operator claims payment to compensate

expenditure incurred by him in the expectation of completing the work, the company shall

consider and admit such claim as are deemed fair and reasonable and are supported by the

vouchers to satisfaction of the BPC Official. The company’s decision on the necessity and

propriety of such expenditure shall be final and conclusive and binding on the operator.

The operator shall not be entitled to get any possible loss of profit that he could have earned

had the contract been not determined / terminated under the above clauses of this article.

b)Termination/Offloading: The operator fully understands that timely completion of the work

as per the schedule is of paramount necessity as otherwise it would lead to adversely affecting

the schedules of other works/project with resultant financial and other losses to the

Company. In view of this, the operator unconditionally agrees and binds himself to be liable

for all the consequences for non-completion of the work within the stipulated time.

Page 94: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of the Contract

94

In case a situation is brought about by the operator warranting termination/off-loading of the

whole or any part of the work for any reason whatsoever, the Company shall have

the liberty and right to entrust/engage/award the work so terminated off loaded at the

risk and cost of the operator to any other agency/operator by adopting any mode of inviting

tenders, i.e. open/limited/single party/negotiation basis etc. in order to ensure completion of

the work as per the schedule or at the quickest possible time.

7. Defective Work / Materials: If the work done by the Operator or any part there of shall be found

defective in workmanship or by reason of bad or inferior materials used, then in such case he

shall at his own risk and cost without delay, demolish all such defective work and rebuild or

replace the same in a satisfactory manner. The Company may, if necessary, at the cost and risk

of the Operator, temporarily stop all other activities by the Operator in connection with the

work until such time as the defective work has been rebuilt or replaced at the Operator’s cost.

In case of default on the part of the operator to remove defectives work and rebuild or replace

the same without delay and in a manner satisfactory to the Company, the Company shall be

entitled to employ another Operator or its own workman to carry out the removal and

rebuilding or replacing at the risk and cost of the operator.

8. Substitution of Operator : If the Company finds it necessary to employ a person or

persons for the purposes provided in clauses 6 (b) and 7 above, then the Company may deduct

and retain from out of the sums due to the operator all such amounts as they may require to

pay or to reimburse themselves there from in respect of the costs and expenses which they

have incurred in completing the work and or in removing defective work and rebuilding or

replacing the same in a manner satisfactory to the Company and if such amounts be more

than the sums due or thereafter becoming due to the Operator, than the balance, shall be a

debt recoverable from the Operator by the Company. The Operator shall not in any manner do

or cause to be done any act, matter or things whatsoever to prevent the person or persons so

employed by the Company from removing defective work and re-building or replacing the same

in a manner satisfactory to the Company and/or from, completing the work in the manner

aforesaid.

9. Removal of Material: On the Determination of the Agreement as referred to in Clause 6, the

Operator shall at his own risk and cost remove from site within Seven days all his materials,

equipment and tools. It is agreed that in case of such determination the company shall be

entitled to purchase from the Operator such materials as will be approved by the Authorized

Engineer of the Company at the prices then current. If the Operator does not remove the other

materials, equipment and tools which he has been asked to remove within the time prescribed

as aforesaid, the Company may remove and sell the same holding the proceeds less the cost of

storage, removal and sale to the credit of the Operator. Should Company incur any loss in

respect of the sale, it shall be entitled to recover same from the Operator.

10. Inspection of work: Inspection will be made periodically during the progress of the work by the

authorized Engineer of the Company and all work performed must be of acceptable quality of

which the said BPC Official will be the sole judge.

Page 95: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of the Contract

95

11. Supervision: The Operator shall during the whole time the work is in progress, employ

one or more competent and technical English speaking Supervisors acceptable to the

Company’s authorized Engineer, one of whom at least shall be in constant attendance at the

site while persons are at work there. Any directions, explanations, instructions, or notices in

connection with the work given by the Company’s authorized Engineer to these Supervisors

shall be deemed to have been given to the Operator.

12. Payment: The Company, in consideration of the operator carrying out and completing the said

work at the Company’s said site, to the satisfaction of the Company, shall pay the operator as

per the said schedule of Rates, subject to deductions, retentions and abatements, if any to be

made therefrom in accordance with the provisions of this Agreement. During the progress of

the work and provided the work is progressing according to the time-table laid down to the

operator, the operator shall be entitled once a month to receive advance payment on the

above mentioned sum proportionate to such part of the work as shall have been executed

during the preceding month but only after such part of the work as has been executed has been

inspected and approved by the Company’s authorized Engineer. From such interim payments

each time 10% will be withheld as Security deposit and this 10% will be paid to the Operator

after the defect liability period, provided that any defects appearing during that period are

corrected by him. OR

100% payment will be made on the basis of actual executed quantities after satisfactory

completion and due certification by BPCL Official. In lieu of 10% Retention money towards

Security deposit, operator shall submit bank guarantee of equivalent amount of retention

money (10% of contract value) before submission of 1st Running Account (RA) bill valid

for defects liability period specified. Further, the Bank Guarantee shall have a claim period

of six months beyond the date of expiry, and the same shall be mentioned clearly in the Bank

Guarantee.

13. Defects after Completion: Any defects which may appear within the defect liability period

specified shall, upon the directions in writing of the Company and within such reasonable time

as shall be specified therein be amended and made good by the Operator, at his own cost

unless the Company shall decide that the Operator will be paid for such amending and

making good, and in case of default on the Operator’s part, the Company may amend and make

good or have amended and made good such defects and all damages, losses and expenses

consequent thereon, incidental to those shall be borne by the Operator and such damages,

losses and expenses shall be recoverable from him by the Company or may be deducted by the

Company from any moneys due to or thereafter becoming due to the Operator. Alternatively,

the Company may, in lieu of such amending and making good by the Operator elect to

deduct from any moneys due or thereafter becoming due to the Operator a sum to be

determined by the Company sufficient to cover the cost of amending and making good

such defects, and in the event of the amount withheld in accordance with Clause 12 being

insufficient, recover the balance from the Operator together with any expenses the Company

may have incurred in connection with such recovery. Should any defective work have been

done or bad inferior materials supplied by any Sub-contractor employed on the work, has

been approved by the Company as provided in Clause 15, the Operator shall be liable to

Page 96: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of the Contract

96

amend and make good in the same manner as if such work or materials had been done or

supplied by the Operator. The Operator shall remain liable under this Clause notwithstanding

the signing by the Company’s authorized Engineer of any certificate or the passing of any

account.

14. Alterations: The Company reserves the right at any time to alter any quantities of any item

indicated in the Purchase order/Contract, in which case the total amount payable to the

Operator shall be less or higher, proportionate with the reduction or increase in quantity of

such item, allowance for which will be made at the Operator’s agreed rates.

15. Subletting Agreement: The Operator shall not sublet or assign the work or any part thereof to

another party without the written consent of the company and no such subletting or

assignment shall relieve the operator from the full and entire responsibility of his obligation

under this Agreement.

16. Cancellation: The Company shall at any and all times during the period stipulated for the work,

has the right forthwith to cancel this agreement by giving written notice thereof to the

Operator and in such case the Operator shall be paid for such part of the work as has been

executed by him up to the date of cancellation, on the basis of schedule of rates as per Purchase

order/Contract and shall be reimbursed by the Company for the cost and expenses incurred

by him but which would now be wasted as a direct consequence of the cancellation of

the Agreement.

17. Workmen’s Compensation Liability: The Operator shall hold the Company harmless and

indemnified from and against all claims, costs and charges for which the Company shall

be liable under the Workmen’s Compensation Act, 1923 and any amendments thereof and

the expenses to which it shall be put thereunder, both in respect of personal injuries (within

the meaning of the said Act) to the employees and servants of the Operator or Sub-contractors,

(if any), arising out of, or occasioned during the currency of this agreement through the acts or

omissions, whether due to negligence or not of the Operator, Sub-contractor and/or Company

and/or their respective servants and employees and also in respect of the personal injuries

(within the meaning of the said Act) to the servants and employees of the Company arising out

of, or occasioned through the acts and omissions whether due to negligence or not of the

Operator, Sub-contractor and or their servants and employees in carrying out any of the

provisions of this Agreement. This indemnity shall be in addition to and not in lieu of any

indemnity to which the Company shall be entitled in law. The Operator shall at his own expense

effect and maintain, until the completion of the work, with an approved office a Policy of

Insurance in the joint names of the Company and the Operator, against such risks and deposit

such Policy or policies with the Company from time to time during the currency of this

Agreement. The Operator shall be responsible for anything not included in the Insurance

Policies above referred to and also for all other damage to person or property arising out of or

incidental to the negligent or defective carrying out of this agreement and shall keep the

Company harmless and indemnified. He shall also indemnify the Company in respect of any

costs, charges or expenses arising out of any claim or proceedings and also in respect

of any award of compensation or damages arising therefrom. The Company shall be

Page 97: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of the Contract

97

entitled to deduct the amount of any damages compensation costs, charges and expenses

arising or accruing from or in respect of any such claim or damages from any sum or sums due

or thereafter becoming due to the Operator.

18. Safety Regulation: The Operator shall ensure that he/his Sub-contractor and his, or their

personnel or representatives shall comply with all safety regulations issued from time to time

by the Company or otherwise howsoever and should any injury resulting in death or not or

damage to any property occur as result of failure to comply with such regulations the Operator

shall be held responsible for the consequences thereof, shall keep the Company harmless and

indemnified.

19. Arbitration

Any dispute or difference whatsoever arising out of or in connection with this Agreement

including any question regarding its existence, validity, construction, interpretation,

application, meaning, scope, operation or effect of this contract or termination thereof shall

be referred to and finally resolved through arbitration as per the procedure mentioned herein

below :

a) The dispute or difference shall, in any event, be referred only to a Sole Arbitrator

b) The appointment and arbitration proceedings shall be conducted in accordance with

SCOPE forum of Arbitration Rules for the time being in force or as amended from time to

time

c) The Seat of arbitration shall be at 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.

f) 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 the Sole Arbitrator

hereunder shall be filed in the concerned courts in the city of Mumbai only.

20. Jurisdiction:

The operator shall be governed by the Laws in force in INDIA. The operator hereby

submits to the jurisdiction of the Courts situated at Mumbai, for the purpose of actions and

proceedings arising out of the contract and the courts at Mumbai, only will have jurisdiction to

hear and decide such actions and proceedings.

21. Minimum Wages:

The Operator, his executors and administrators (and in the case of a Limited Company, its

successors and assigns) shall hold the Company harmless and indemnified from and against all

claims, costs and charges, for which the Company shall be liable under the Minimum Wages

Act, 1948, the Contract Labour (Regulation and Abolition) Act, 1970 and any amendments or

modifications thereof, and all expenses it shall be put thereunder through the acts or omissions

whether willful or not on the part of the Operator. This indemnity shall be in addition to and

not in lieu of, any indemnity to which the Company shall be entitled in law.

22. Employees State Insurance: This Operator hereby admits that he is fully aware of his

responsibilities under the Employees State Insurance Act, 1948, as an immediate employer of

the employees engaged by him for the execution of this contract which he agrees to discharge.

Page 98: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure IV

Terms and Conditions of the Contract

98

The Operator acknowledge the statutory right of the company (as a Principle Employer) to

recover the amount of the contributions, paid by it in the first instance in respect of the

employees employed by or through him (the Operator), as well as the employee’s contribution,

if any, either by deduction from any amount payable to him by the Company under any contract

or as debt payable by him to the Company.

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

Witness ____________________________

_______________________________

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

Witness _____________________________

________________________________

Operator’s witness - Signature Operator’s Signature

Name & Address:- Name & Address:-

Page 99: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure V

Integrity Pact

99

INTEGRITY PACT

Between

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

And

M/s.………………………..hereinafter referred to as "The Bidder/Service provider/Supplier"

Preamble The Principal intends to award, under laid down organization procedures, contract/s for the job of Operations and Maintenance of BPCL’s Baitalpur LPG Plant 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, Service provider/s and Supplier/s. In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organization "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/herselfor 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 / Service provider/Supplier

Page 100: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure V

Integrity Pact

100

(1) The Bidder / Service provider/Supplier commits 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 / Service provider/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 / Service provider/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 cartelisation in the bidding process.

(c) The Bidder / Service provider/Supplier will not commit any offence under the relevant Anti-Corruption Laws of India; further the Bidder / Service provider/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 / Service provider/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 / Service provider/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/Service provider/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 / Service provider/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 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.

Page 101: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure V

Integrity Pact

101

(4) If the Bidder / Service provider/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) 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.

(2) 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 Service provider/Supplier liquidated damages equivalent to Security Deposit / Performance Bank Guarantee.

(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Service provider/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 / Service provider/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 / Service providers / Suppliers / Sub-contractors (1) The Bidder/Operator/Supplier undertakes to demand from all sub-contractors 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,

Service providers/Suppliers and sub-contractors. (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 / Service providers / Suppliers / Sub-contractors

Page 102: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure V

Integrity Pact

102

If the Principal obtains knowledge of conduct of a Bidder, Service provider, Supplier or sub-

contractors, or of an employee or a representative or an associate of a Bidder, Service provider,

Supplier or sub-contractors 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/Service provider/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/Service provider/Supplier. The Bidder/Service provider/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 sub-contractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Service provider/Supplier/ sub-contractors 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/Service provider/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/Service provider/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 Service provider/Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded.

Page 103: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure V

Integrity Pact

103

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/Service provider/Supplier is a partnership this agreement must be signed by all partners 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/Service provider/ Supplier Place ……………… Witness 1: ---------------------------------- (Signature/Name/Address) Date ………………. Witness 2: ----------------------------------

(Signature/Name/Address)

# # # # #

Page 104: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure VI

Price Bid Form

104

(PRICE BID) SCHEDULE OF RATES TO BE QUOTED IN E- PROCURMENT SITE

Tender Ref No: CRFQ NO. 1000324937

Job Description: Operation & Maintenance of LPG Bottling Plant at

Baitalpur, Uttar Pradesh

Sr.

No Description of item

Qty for

2 years

Rate in Rupees

Unit In Fig.

Rate

per

MT

1

Operation & Maintenance of LPG Plant as

described in detailed Terms and condition of the

Contract. 200000 MT

To be quoted in

e- Procurement

2

Pressure testing and Painting of all types of

cylinder as specified in tender document

705000 No.

2 GST taxes as applicable

3 Total amount in Rs.

Total amount in Rs. in words:

NOTE: Item no.1 includes receipt, storage, pumping, bottling and dispatch/loading of LPG in

cylinders/Tank Trucks , and allied operation i.e. Overall bottling operation as specified in the

Terms and condition of the Contract. Item no.2 includes Pressure testing & painting of all type

of cylinders as specified in the Terms and condition of the Contract ( (Excluding Paint and

Primer).

IMPORTANT NOTES:

The charges to be paid by BPC to the successful bidder will be based on actual quantities done,

The rates will be fixed for the contract period of 24 (Twenty four) months.

The quoted price shall be inclusive of all Taxes, Duties, Overheads, etc. However, GST shall

be paid extra at applicable rate as quoted in the schedule of rates.

No statutory variations in any taxes/duties except GST will be entertained. Only new/fresh

taxes levied by Central/State Government and if applicable, shall be paid by BPC upon

submission of relevant and applicable Gazette notification and production of documentary

Page 105: LPG BUSINESS UNIT BHARAT PETROLEUM CORPORATION …

CRFQ No: 1000324937 Annexure VI

Price Bid Form

105

evidence for remittance of such new taxes. In case there is increase/decrease in the GST rate

during the Contract Period, differential amount of GST tax will be reimbursed/deducted to the

Operator for the applicable period.. Necessary deductions like Income Tax, etc., will be made

as per statutory regulations. Deductions towards penalty/damages, if any, will also be made

from the monthly bill of the Operator.

Commercial evaluation of only technically qualifying Parties will be done, and L-1 Party will

be decided based on overall lowest quoted rate inclusive of all taxes.

Billing by the Operator shall be on monthly basis, after completion of each calendar month.

However bill submitted shall be with complete documents and with correct calculation


Recommended