REQUEST FOR QUOTATION (RFQ) (e-Bids)

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EIL OFFICE COMPLEX, SECTOR – 16, GURGAON – 122001, INDIA

REQUEST FOR QUOTATION (RFQ) (e-Bids)

*RFQ No.: AS/A037-000-YZ-MR-2472/2000 Date: 01-04-2015 To, M/s

Client : BPCL Project: LPG Transfer Pipeline From BPCR & HPCR to Uran Bottling Plant Project MR No.: A037-000-YZ-MR-2472Rev.A Item: Telecommunication System(Microwave) Due Date & Time:28-04-2015& Up to 1200 Hrs. (IST)

PRE BID MEETING: A Pre-bid conference will be held on 13-04-2015at 11:00 Hrs. (IST)

at Tower – 1, EIL Office Complex, Sector – 16, Gurgaon-122001, India

UNPRICED BID OPENING: At 1400 Hours (IST) on 28-04-2015 (**)at Tower – 1, EIL Office

Complex, Sector – 16, Gurgaon-122001, India

PRICED BID OPENING: TIME & VENUE SHALL BE INTIMATED LATER.

(**)If the particular day against is happened to be a declared holiday in EIL, New Delhi, the next working day shall be considered.

GENTLEMEN, 1. Online Bids are requested under competitive bidding on e-procurement basis for the captioned subject

item in complete accordance with the documents attached.

1.1 Bidders can download the complete enquiry document from the web address http:tenders.eil.co.in or https://eprocure.gov.in/eprocure/app.

1.2 E-Bids are required to be submitted only through Central Public Procurement Portal (CPPP) of Government of India, on or before the bid submission date and time. Bidders are required to register themselves at https://eprocure.gov.in/eprocure/app.No registration fee would be charged from the bidders.

1.3 Bidders are required to upload the bid along with all supporting documents & priced part on the e-tendering website (https://eprocure.gov.in/eprocure/app) only.

1.4 Bidders to refer E-Tendering methodology attached with the RFQ. Various links such as “Help for Contractor”, “Information about DSC”, “FAQ”, “Resources

Required”, “Bidders Manual Kit” etc. are available on home page of https://eprocure.gov.in/eprocure/app facilitating vendors to participate in the bidding process. Bidder are advised to download & utilize the available information/documents under these links for activities like Registration in CPPP, obtaining User ID & Password, uploading & submission of e-bids etc. Bidders are advised in their own interest to carefully go through Instructions for E-tendering and other related document available against various help links so as to ensure that bids are uploaded in E-tendering website well before the closing date and time of bid submission.

1.5 NIC Portal mandates that the bidders are to be registered on the portal before any enquiry can be issued to them. In order to expedite issue of enquiries, the enquiry is being issue through EIL Tender Portal and also being published on Central Public Procurement Portal. The enquiry shall be issued to the bidders on the NIC e-Procurement Portal as soon as their

https://eprocure.gov.in/eprocure/app


https://eprocure.gov.in/

https://eprocure.gov.in/eprocure

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registration is completed in the NIC Portal (https://eprocure.gov.in/eprocure/app ). 1.6 All those vendors who have still not registered on the NIC Portal are required to register on the

same (immediately after issue of enquiry on EIL portal but not later than ten days before the bid due date) for facilitating issue of enquiry to them on the NIC Portal failing which it will not be possible for them to upload their bids. Pursuant to registration, the vendors are also required to login in EIL tender portal and update NIC’s registration details and inform the undersigned regarding the same for the subject enquiry. In any case, the enquiry shall be issued on NIC portal to NIC registered vendors about one week before the bid due date. Therefore, all those bidders who have not complied with the above registration requirements will not be issued this enquiry on NIC portal and will not be eligible to bid. Request for extension in due date of submission of bids due to non registration or delayed registration in NIC portal shall not be entertained.

1.7 The bid has to be necessarily submitted on the NIC Portal and only those bidders who are issued the enquiry through NIC Portal will be eligible to submit their bids. In case a bidder does not register on the NIC Portal and as a consequence, cannot be issued the enquiry through NIC Portal, it shall be deemed that he is not interested in bidding against this enquiry and no further correspondence will be entertained.

1.8 In future, EIL shall be issuing all enquiries through NIC Portal alone and bidders who do not register with NIC Portal may not be able to submit their bids. Therefore, it is in the interest of the bidders that they register on the NIC Portal at the earliest.

2. The vendor registration on NIC Portal is a very user friendly process. However, in case of any doubt, the vendor may also contact the undersigned.

3. In the event of failure in bidder’s connectivity with EIL/CPPP website during the last few hours on account of problem on bidders account, they are likely to miss the deadline for bid submission. Due date extension request due to this reason will not be entertained. In view of the same, bidders are advised to upload their bid in advance.

4. Commercial requirements are specified in the attached General Purchase Conditions, Special PurchaseConditions, Instructions to Bidders, Terms & Conditions for Site Work (applicable if MR calls for Scope of Site Work), Terms& Conditions for Supervision of Erection, Testing &Commissioning (applicable if MR calls for supervision),Agreed Terms & Conditions (ATC) questionnaire etc. The ATC should be duly filled in, signed & stamped, scanned and uploaded with your bid.

5. Bidders are advised to submit quotations based on strictly on the specifications, terms & conditions contained in the RFQ documents and not to stipulate any deviation.

6. Addendum / corrigendum to the RFQ documents if issued must be signed and submitted along with the bid.

7. The order, if any, will be issued by our above-mentioned client.

8. Please submit your Acknowledgement against the RFQ on EIL’s website http:tenders.eil.co.in\newtenderswithin the due date & time, with reasons(s) of not participating in the RFQ in case of regret/negative acknowledgment.

9. As Purchaser intends to contract directly with suppliers of the goods for which bids are invited, the bids should be prepared by the suppliers and submitted directly. Purchaser reserves the right to reject offers made by intermediaries.

10. Online Bids/ Offer through CPP Portal only shall be accepted. Bids/ Offer through Email or fax/ Telex/Telegraphic or received through any other mode shall not be accepted and rejected.

11. Completion Period for entire scope of MR:18 Months duly handed over at Site.

12. Validity of Offer:The offer should be valid for Four (3) months from final bid due date.


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13. The bidder shall bear all costs associated with the preparation and submission of its bid, and the Purchaser/Consultant shall in no case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process.

14. Canvassing in any form by the Bidder or by any other agency on their behalf may lead to disqualification of their bid.

15. E-bids received online shall be opened at EIL office on due date and time as specified above. Bids shall be opened in presence of representatives of bidders who choose to attend the same. Such representative shall submit Bid Acknowledgement Number generated by the Portal/System after successfully Bid Submission online. Time and Date of opening of Price Bids of technically and commercially acceptable bidders shall be notified to the qualified and acceptable bidders at a later date.However, bidder can also view unpriced / priced Bid Opening online in their office/remote end itself. The bidder’s representatives, who are present, shall sign a register evidencing their attendance.

16. Bidders to note that price changes against Technical / commercial clarifications, in line with terms & conditions of enquiry documents are not allowed. In case any bidder gives revised prices / price implications against such clarifications, their bid shall be liable for rejection.

17. Payment Terms:

Supply :

85% payment within 10 days against material receipt at site on pro-rata basis. Billing schedule shall be submitted on approval within 4 weeks of Purchase Order. Balance 15% within 30 days of handing over the successfully commissionedsystem to BPCL at site including receipt of all documents as per Vendor Data Requirement specified in Purchase Requisition.

Site Work : 85% pro-rata against monthly running bills, duly certified by EIL. Balance 15% within 30 days after final handing over the successfully commissioned system to BPCL at site.

Training : Payment shall be100% upon certification by the site in-charge.

Post Warranty Maintenance Contract (PWMC) : Payment shall be 100% prorate of certified services on quarterly basis.

18. Bidders are requested to quote as per their capability registered in EIL.

19. EIL reserves the right to use in-house information for assessment of bidder’s capability for consideration of bid.

20. If any of quoted rates/prices/charges are repeated in the bid, then higher of them shall be considered for evaluation and lower for ordering.

21. In case any bidder is found to be involved in cartel formation, his bid will not beconsidered for evaluation / placement of order. Such bidder will also be debarred from bidding in future.

22. We reserve the right to make any changes in the terms and conditions of purchase and to reject any or allthe bids.

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23. Owner shall follow the Public procurement Policy on Procurement of goods and services from Micro and Small Enterprises (MSEs) order 2012 as per attached Annexureto this RFQ document.

23.1 The owner reserves the right to allow Micro & Small enterprises as well as MSEs owned by SC/ST entrepreneur, price preference as admissible under the prevailing procurement policy for MSEs.

23.2 Accordingly, the quantities against the items may be split, as applicable, to enable the splitting of item in terms of 20% and 80% between the MSEs and non-MSEs respectively. In that case, the quoted prices against various items shall remain valid in case of splitting of quantities of the items as above.

23.3 MSE bidder shall submit the following: i) Documentary evidence that the bidder is a Micro or Small Enterprises registered with District

Industries Centres or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises.

ii) If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard.

iii) The above documents submitted by the bidder shall be duly certified (in original) by the Statutory Auditor of the bidder or a practicing Chartered Accountant (not being an employee or a Director or not having any interest in the bidder’s company/firm) where audited accounts are not mandatory as per law.

23.4 If the bidder does not provide the appropriate document or any evidence to substantiate the above, then it will be presumed that they do not qualify for any preference admissible in the Public Procurement Policy, 2012.

24. PRE-BID MEETING

24.1 The bidder(s) or his official representative are invited to attend a pre-bid meeting which will take place at EIL Business Centre, Engineers India Limited, EI Bhawan, Bhikaiji Cama Place, New Delhi – 110066 (India) on above mentioned date and time.

24.2 The bidder is requested to submit any questions by courier/fax/e-mail to reach EIL on or before 10.04.2015. These questions shall be replied during the pre bid meeting. Pre-bid queries after pre-bid meeting shall not be entertained.

24.3 Record Notes including the text of the questions raised (without identifying the sources of the query) and the responses given will be transmitted to all bidders.

25. Non-attendance of the pre-bid meeting will not be a cause for disqualification of bidder.

26. Where any provisions of Special Instructions to Bidders, and General Purchase Conditions is in conflict or at variance with any provisions of RFQ Cover Letter, RFQ Cover Letter shall over-ride such provision(s) of Instructions to Bidders and General Purchase Conditions only to the extent of such repugnancy or variation.

27. Contact Persons for this RFQ are:

Mr. S.K.Singh, AGM (C&P), Tel No. 0124-3802109 , email: [email protected]

Ms. Kushal Verma, Sr. Engineer (C&P), Extn. No. 0124-3802166& email: [email protected]

*Please specify RFQ No.: AS/A037-000-YZ-MR-2472/2000in all Correspondence. THIS IS NOT AN ORDER Very truly yours, For & on Behalf of BPCL (S.K.Singh) AGM(C&P) ENGINEERS INDIA LIMITEDEnclosure: As per List Attached

mailto:[email protected]





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LIST OF ENCLOSURES

DOCUMENT

A) Request For Quotation (RFQ)

B) Commercial document:

i) Price Schedule Format(For Indian / Foreign Bidders)

ii) General Purchase Conditions (For Indian / Foreign Bidders)

iii) Amendment to GPC – Annexure GG

iv) Special Instructions to Bidders

v) Agreed Terms & Conditions (For Indian / Foreign Bidders) #

vi) Terms & Conditions for Site Work

vii) Special Packaging Requirement

viii) E-tendering Methodology

ix) Instructions for Foreign bidders for DSC

x) Integrity Pact (EIM shall be Shri. Shri Shantanu Consul, No.9MCHS (IAS Officers Colony), 16th Main (IAS Officers Colony, BTM 2nd stage, Bangalore – 560 076, [email protected], Mob. 09740069318

xi) Modalities on Price Preference under Public Procurement Policy for MSEs, 2012 (Annexure – A).

C) Technicaldocument:

Material Requisition (MR) No. : A037-000-YZ-MR-2472 Rev. A

# ATC shall be uploaded on web after 7th

April-2015


PREAMBLE TO PRICE SCHEDULE - (INDIAN BIDDER) RFQ. NO. AS/A037-000-YZ-MR-2472/2000

“Telecommunication System”

1. Bidder’s quoted prices shall be deemed to include bidder’s entire scope of work and all obligations and responsibilities, as specified in the Material Requisition and the RFQ/bid document, irrespective of whether the same are specifically covered under the "Description” in Price Schedule or not.

2. Prices for operation & maintenance spares for 2 years shall be furnished on FOT Desp.Pointbasis as per appended format &shall not be included in the quoted prices. Vendor shall also quote freight charges upto site. Price for 2 years spares shall remain valid up to contractual delivery date.

3. Bidder to clearly indicate 'Quoted' / 'Not Quoted' against each Sr. No. in the price column in the unpriced Price Schedule. Bidders to submit Price part of above Price schedule in their Priced Bid and Unpriced part with the Unpriced Bid.

4. All the Columns and rows of attached price schedule format including currency nomenclature, must be filled with required information, as applicable.

5. All items of MR shall be evaluated & ordered together on single bidder on “Unit single point total responsibility basis for all supplies and services (works) / scope of MR”. Evaluation of the scope of MR shall not be item wise therefore vendor should quote for entire scope of MR (supply+site work/services).Partial/incomplete offer shall not be considered for evaluation.

6. Bidder's quoted supply price(s) in price schedule format shall include the supply of Mandatory Spares, Consumables, tools and tackles,Warrantee and Commissioning Spares as specified in the Material Requisition.

7. Quoted prices are firm and fixed till complete execution of the entire order. Also price variation on account of variation in Foreign Exchange rate is not allowed.

8. In case of discrepancy between unit price and the total price, the unit price shall prevail. If there is a discrepancy between the total amount and the sum of total price, the sum of total price shall prevail.

9. The quantities indicated herein / MR are indicative and actual BOM shall be sole responsibility of the vendor in line with the MR requirements.

10. The quoted prices shall include charges towards testing, inspection and all drawings & documentation required as per Vendor Data Requirement (VDR) of Material Requisition.

11. Bidder to note that in the event Inspection is carried-out by authorised representative of EIL / BPCL, no extra charges shall be payable Since, all incidental charges of Inspector viz. boarding, loading, travel, out of pocket expenses etc. shall be borne by EIL / BPCL.

12. Prices for PWMC shall be inclusive of all applicable taxes,incidences,levies etc.Payment for which shall be quarterly,100% prorate of certified services.

13. Any correction in the quoted price shall be initialed by the Bidder. 14. Prices for site work as per MR scope are inclusive of applicable taxes and duties and the break-up

indicated separately. Wrong selection,interpretation,rates,inclusion / exclusion etc. of taxes and duties shall be liability of vendor.

15. Vendor shall furnish Bank Guarantee for the 100% amount of PWMC i.e Cumulative amount of five years.

16. The itemized list of Mandatory, Warrantee and Commissioning Spares for which the prices are included in quoted price against each item to be furnished separately. Mandatory, Warrantee and Commissioning Spares consumed over and above quoted Mandatory, Warrantee and commissioning spares but required for satisfactorily completion of order/handing over shall be supplied without any time and cost implication to the Purchaser.

17. Bidder must quote the price in prescribed Price Schedule formats only. The formats shall not be changed and/or retyped. For any deviation to the formats, offer may be rejected.

18. Payment terms for the Training shall be 100% upon certification by the site incharge. 19. For Purchaser to avail the Cenvat benefit if available then all Cenvatable documents/invoices for total

amount of Excise Duty,VAT and Service Tax indicated in the price schedule shall be furnished to the Purchaser.

20. Handling, forwarding, loading& unloadingat site, handling equipments, tools and tackles as applicable and at all intermediate stations / points up to Project site, storage, security, site transportation etc shall be in vendor’s scope and at vendors own cost.

21. All Insurance including Transit, site work, workman compensation, Third Party etc. till handing Order fully functional system shall be in vendor’s scope and charges towards the same are included in the Quoted Prices.

22. For Training at vendors manufacturing facilities as per MR, travel ,transportation, boarding, lodging,

living and personal expenses of Owners personnel shall be borne by Owner and for Training at site as per MR, vendors quoted prices shall include vendor’s personnel’s travel, transportation, boarding and lodging, living and personnel expenses etc.

23. The quoted prices shall be inclusive of all taxes,duties and levies etc, including sales tax(without concessional form),VAT, sales tax on Works contract/WCT (or termed as Fee/composition fee etc) and / or service tax, excise duty, octroi, local taxes and other levies etc as applicable. On the goods and services/works under the contract, till complete execution of the order / contract, and owner shall not have any liability,whatsoever on this account.Only statutory variation in the taxes,duties,levies etc.(Except WCT),shall be permissible where the applicable rate along with quantum of Taxes and duties is available in the offer.

24. Quoted Lumpsum price i.e. Lumpsum Supply Price (Form-A),Lumpsum Site Work Charges (FORM-B),Lumpsum Training Charges (Form-C) &Lumpsum PAMC Charges (FORM-D) shall be inclusive of all applicable taxes, duties and levies etc, including sales tax(without concessional form),VAT, sales tax of Works contract/WCT (or termed as Fee/composition fee etc) and / or service tax, excise duty, octroi, local taxes and other levies etc as applicable on the goods and services/works under the contract, till complete execution of the order / contract, and owner shall not have any liability, whatsoever on this account. The vendor, if included CIF import content statutory variation on inbuilt import duty if any is permissible subject to Max CIF value of Import Content indicated under attached format (FORM-A2). Entry tax in the state in which vendor executes works shall be reimbursed at actual against documentary evidence.

25. Bidder confirm that he has noted the contents of the preamble and notes in the price schedule(if any), RFQ document, material requisition(MR) and quoted his prices accordingly without any deviation.Vendor’s price break-up as per price schedule is solely for the purpose of facilitating evaluation of bids and for payments and will in no way limit the vendor’s single point total responsibility for the complete scope of work and for all contractual responsibilities / obligations as stated in RFQ document.

BIDDER'S SIGNATURE: COMPANY'S NAME: SEAL:

Note : Bidder must submit this PREAMBLE TO PRICE SCHEDULE duly signed and stamped with both unpriced & priced offer.

PRICE SCHEDULE FOR INDIAN VENDOR

RFQ NO. : AS/A037-000-YZ-MR-2472/2000

ITEM : Telecommunication System OFFER NO. :

AUTHORISED SIGNATORY : Page 1 of 12

A037/2472/PS

FORM - A

SUPPLY PRICE

S. No. per MR

Tag No. / Item Code

SUPPLY OF FOLLOWING ITEMS AS PER COMPLETE SCOPE OFMR

QTY UNIT FOT SITE PRICE INCLUDING P&F, ALL

APPLICABLE TAXES, DUTIES & LEVIES,

INSPECTION, TESTING, TRANSIT INSURANCE &

TRANSPORTATION UPTO PROJECT SITE

(IN INR)

TOTAL FOT SITE PRICE INCLUDING P&F, ALL

APPLICABLE TAXES, DUTIES & LEVIES,

INSPECTION, TESTING, TRANSIT INSURANCE

& TRANSPORTATION UPTO PROJECT SITE

(IN INR)

1.0001

000-MW-01 Digital Microwave Radio Communication System as per MR 1 Lot

1.0001.01

[000-MW1-01] Microwave radio equpmnts at Mahul, Sewree & Uran of 155 Mbps (STM-1) capacity as per MR

3 Nos.

1.0001.02

[000-MW1-02] Radio Survey Study for antenna heights & system engineering at Mahul, Sewree & Uran

1 Lot

1.0001.03

[000-MW1-03]

Design,Supply & Installation/Erection of Tower (40m) & accessories at Mahul,Sewree & Uran as per MR 3 Lot

1.0001.04

[000-MW1-04] Antenna, RF feeder cable, mounting accessories etc. at Mahul, Sewree & Uran

3 Lot

1.0001.05

[000-MW1-05]

NMS Server with Software (PC based with operator console, Printer etc ) at Mahul 1 Lot

1.0001.06

[000-MW1-06]

NMS Client with Software (PC based with operator console, Printer etc.) at Uran

1 Lot


RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

1.0001.07

[000-MW1-07]

Integration with existing Telecommunication system (STM-4, CCTV, EPABX & VCE system) as per MR

1 Lot

1.0001.08

[000-MW1-08]

WAN Routers along with peripheral devices as per MR 2 Nos.

1.0001.09

[000-MW1-09]

230VAC/48VDC convertor (dual redundant) & its accessories at Mahul & Uran as per MR 2 Lot

1.0001.10

[000-MW1-10]

Supply,Testing & Commissioning of Battery and Battery Charger/Rectifier Sys. at Sewree as per MR 1 Lot

1.0001.11

[000-MW1-11]

Porta Cabin at Sewree as per MR 1 Lot

1.0001.12

[000-MW1-12]

Installation materials including cables & accessories etc. as per MR

1 Lot

TOTAL AMOUNT FOR SUPPLY OF ALL ITEMS OF MR INCLUDING P&F, ALL APPLICABLE TAXES, DUTIES & LEVIES, INSPECTION, TESTING, TRANSIT INSURANCE

& TRANSPORTATION UPTO PROJECT SITE

Bidders signature : Bidders Name : Designation :


RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

FORM – A1 DETAILS OF APPLICABLE TAXES & DUTIES INCLUDED IN THE QUOTED PRICE

a) Excise Duty –for Complete scope of MR

S.No Item Description as per MR

Qty

Amount on which Excise duty is applicable Rate of Excise Duty considered MaximumAmount of Excise Duty included in the Quoted Price

1 2 3 4 5 6

01.01 Applicable on all supplies L/sum

01.02 Applicable on all site work L/sum

b) CST (Without Form – C):


Qty Amount on which Sales Tax (Without Form – C)is applicable

Rate of Sales tax(Without Form – C) considered

Maximum Amount of Sales tax (Without Form – C) is included in the Quoted Price

1 2 3 4 5 6

01.01 Applicable onall supplies L/sum

01.02 Applicable onsite work L/sum

c) VAT (Without Concessional Form):

S.No

Item Description as per MR

Qty Amount on which VAT (Without Concessional Form)is applicable

Rate of VAT (Without Concessional Form) considered

Maximum Amount of VAT (Without Concessional Form) is included in the

Quoted Price

1 2 3 4 5 6

01.01 Applicable on all supplies L/sum

01.02 Applicable onsite work L/sum

d) WCT:


RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS


Qty Amount on which WCT is applicable Rate of WCT considered Maximum Amount of WCT included in the Quoted Price

1 2 3 4 5 6

01.01 As per scope of MR, Installation, integration, documentation, termination, earthing of panels, etc, site acceptance testing, trial run & commissioning, handing over to Client for fully functional Digital Microwave Radio Communication system integrated with existing telecom system.

L/sum

e) Service Tax– for Complete scope of MR


Qty Amount on which Service Taxis applicable Rate of Service Tax considered Maximum Amount of Service Tax included in the Quoted Price

1 2 3 4 5 6

01.01 Applicable on all services other than Site Work

L/sum

01.02 Applicable on site work L/sum

f) Octroi


Qty(Nos)

Amount on which Octroi is applicable

Rate of Octroi @5.5% Octoi amount-INR *

01.01 As per scope of MR for all supplies L/sum

*Octroi is indicative and shall be reimbursable at actuals against documentary evidence after handing over.


RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

FORM – A2 DETAILS OF BUILT-IN-CIF VALUE OF IMPORT CONTENT AND RATES OF IMPORTS DUTY CONSIDERED AND INCLUDED IN QUOTED FOT SITE PRICES

Sl. No. DESCRIPTION CIF value of Import Content included in total quoted FOT

Despt. Pt. prices ( as applicable ) (In INR)

RATE OF CUSTOM DUTY INCLUDED IN QUOTED SUPPLY PRICES

Item No. as per MR

Description of Imported Items

Qty. of Imported Items Required (as applicable) (Unit____)

CUSTOM TARRIF NO. BASIC CUSTOMS DUTY (%)

CVD + EDU. CESS ON CVD (%)

EDU. CESS ON CUSTOM DUTY (%)

SAD (%) TOTAL CUSTOM DUTY (%)

1 2 3 4 5 6 7 8 9

Supply Items

1

TOTAL CIF IMPORT CONTENT INCLUDED IN MAIN SUPPLY ITEMS

For 2 Years Operation & maintenance Spares

1

TOTAL CIF IMPORT CONTENT INCLUDED

Bidder Signature

COMPANY'S NAME:

SEAL:


RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

FORM – A3 LIST OF COMMISSIONING SPARES INCUDED IN THE QUOTED PRICES

S.NO. ITEM.NO. DESCRIPTION QUANTITY


RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

LIST OF MANDATORY SPARES AS PER MR INCUDED IN THE QUOTED PRICES

LIST OF OTHER RELATED ITEMS INCLUDED ALONG-WITH EQUIPMENTS SUPPLY





RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

FORM – A4

TWO YEARS SPARES AND ACCESSORIES FOR NORMAL OPERATION AND MAINTENANCE.

MR ITEM.S.NO

DESCRIPTION AS PER MR

QTY (Nos.

)

UNIT FOT

DESPATCH

POINT PRICE

INCLUDING

P&F

TOTAL FOT

DESPATCH

POINT PRICE

INCLUDING

P&F (3 X4)

EXCISE

DUTY(INCL.U

DING CESS)-

EXTRA

CST WITHOUT

CONCESSIONAL

FORM-EXTRA

VAT WIHOUT

CONCESSION

AL FORM-

EXTRA

UNIT FREIGHT

CHARGES UPTO

DESIGNATED DELIVERY

POINT-EXTRA

TOTAL

FREIGHT

CHARGES UPTO

DESIGNATED

DELIVERY

POINT-

EXTRA(3x9)

SERVICE TAX

INCLUDING CESS

ON FREIGHT

CHARGES-EXTRA

1 2 3 4 5 6 7 8 9 10 11

INR INR %AGE %AGE %AGE INR INR %AGE


FORM – A5


RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

Unit Rates of items for addition/deletion as per Annexure-I of JobSpecification (Doc. No. A037-000-16-51-SP91)

S.No. Description Unit Rate (IN INR) a) Supply, Installation, Commissioning and integration of Microwave Radio Equipment

with the existing SDH network

b) Supply, Installation & Commissioning of Radio Supervisory System/ NMS along with all software

c) Training per man-day at Manufacturing works d) Training per man-day at Site

FORM - B


RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

SITE WORK PRICE

S.NO. DESCRIPTION

QTY

LUMPSUM PRICE INCLUSIVE OF ALL APPLICABLE TAXES, DUTIES & LEVIES, INSURANCE, STORAGE ETC.

(IN INR)

1. Installation, integration, documentation, termination, earthing of panels, etc, site acceptance testing, trial run &commissioning,handing over to Client for fully functional Digital Microwave Radio Communication system integrated with existing telecom system as per MR specification

L/Sum


RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

FORM - C

TRAINING PRICE

S.NO. DESCRIPTION QTY

LUMPSUM PRICE INCLUSIVE OF ALL APPLICABLE TAXES, DUTIES & LEVIES, ETC.

(IN INR)

1 Training as per MR specification

L/Sum



RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

FORM - D

POST WARRANTY MAINTENANCE CONTRACT(PWMC) PRICE

S.NO. DESCRIPTION

(For detail refer MR)

QTY


(IN INR) The proposal shall include supply of maintenance spares, tools and tackle as required; travel, boarding & lodging of service engineer. The bid shall be made year wise up to 5 years and the price validity shall be available for the entire period of contract.

1 POST WARRANTY MAINTENANCE CONTRACT for 1

st Year after completion of

Warranty Period. L/Sum


nd Year after completion

of Warranty Period. L/Sum


rd Year after completion of



th Year after completion of



th Year after completion of



PREAMBLE TO PRICE SCHEDULE-(FOR FOREIGN BIDDER) RFQ. NO. VKN/A037-000-YZ-MR-2472/2000

“Telecommunication System”

1. Bidder’s quoted prices shall be deemed to include bidder’s entire scope of work and all obligations and responsibilities, as specified in the Material Requisition and the RFQ/Bid document, irrespective of whether the same are specifically covered under the "Description” in Price Schedule or not.

2. Prices for operation & maintenance spares for 2 years shall be furnished on FOB International Port of Exit basis as per appended format & shall not be included in the quoted prices. Vendor shall also quote ocean freight charges upto Mumbai Port . Price for 2 years spares shall remain valid up to contractual completion date.

3. Quoted FOB & C&F price shall be valid for shipment without any extra charges. 4. Bidder to clearly indicate 'Quoted' / 'Not Quoted' against each Sr. No. in the price column in the

unpriced Price Schedule. Bidders to upload Price part of above Price schedule in their Priced Bid folder and Unpriced part with the Unpriced Bid folder.

5. All the Columns and rows of attached price schedule format including currency nomenclature, must be filled with required information, as applicable.

6. Bidder must quote the price in the prescribed Price Schedule formats only. The formats shall not be changed and/or retyped. For any deviation to the formats, offer may be rejected.

7. Quoted prices shall remain firm and fixed till complete execution of the entire scope of MR. 8. In case of discrepancy between unit price and the total price, the unit price shall prevail. If there is a

discrepancy between the total amount and the sum of total price, the sum of total price shall prevail. 9. Bidder's quoted supply price(s) in price schedule format shall include the supply of Mandatory Spares,

Warrantee spares,tools and tackles and Commissioning Spares if specified in the Material Requisition. 10. All items of MR shall be evaluated & ordered together on single bidder on “Unit single point total

responsibility basis for all supplies and services(works) / scope of MR”. Evaluation of the scope of MR shall not be item wise therefore vendor should quote for entire scope of MR (supply+site work/services).Partial/incomplete offer shall not be considered for evaluation.

11. The quantities indicated herein / MR are indicative and actual BOM shall be sole responsibility of the vendor in line with the MR requirements.

12. The quoted prices shall include charges towards testing, inspection and all drawings & documentation required as per Vendor Data Requirement (VDR) of Material Requisition.

13. Any correction in the quoted price shall be initialed by the Bidder. 14. The itemized list of Mandatory, Warrantee and Commissioning Spares for which the prices are included

in quoted price against each item to be furnished separately. Mandatory, Warrantee and Commissioning Spares consumed over and above quoted Mandatory, Warrantee and commissioning spares but required for satisfactorily completion of order/handing over shall be supplied without any time and cost implication to the Purchaser.

15. Bidder to note that in the event Inspection is carried-out by authorized representative of EIL / BPCL, no extra charges shall be payable Since, all incidental charges of Inspector viz. boarding, loading, travel, out of pocket expenses etc. shall be borne by EIL / BPCL.

16. Prices for PWMC shall be inclusive of all applicable taxes,incidences,levies etc.Payment for which shall be quarterly,100% prorate of certified services.

17. Prices for site installation, testing etc are inclusive of applicable taxes and duties and the break-up indicated separately. Wrong selection,interpretation,rates,inclusion / exclusion etc of taxes and duties shall be liability of vendor.

18. Vendor shall furnish Bank Guarantee for the 100% amount of PWMC i.e Cumulative amount of two years.

19. For Purchaser to avail the Cenvat benefit if available then all Cenvatable documents/invoices for total amount of CVD and Service Tax indicated in the price schedule shall be furnished to the Purchaser.

20. In case of Foreign Bidder, it is mandatory to furnish Permanent Account Number (PAN), as per the Indian Income Tax requirements, failing which Foreign Bidder shall be responsible for any additional tax deduction at source as per the provisions of the Indian Income Tax Act/Rules. The PAN shall be furnished before release of any payment or within one month of award of work, which ever is earlier.

21. Vendor shall quote in US$ or in the currency of country of origin of goods.However,for goods and services,if any,offered from India,and for the portion of his price,which the vendor expects to spend in India the prices shall be in Indian Rupees only.However such part of services to be rendered in India by Vendor’s foreign Personnel only may be quoted in Foreign currency.

22. Indian Import duties on supplies of goods of origin outside India and Entry Tax shall be paid by vendor

to the authorities and included in the quoted prices.Import duties on such goods shall be paid directly by the vendor to the Indian customs Authorities.Any wrong selection of custom tariff and rate / payments shall be liability of the vendor and not the owner.

23. Inland transportation charges of all goods from Port of Entry / from any other place / works in India up to Project site(s) including Port & customs clearances formalities, including payment of port levies / charges etchandling,forwarding,loading and unloading at site,handling equipments, tools and tackles as applicable and at all intermediate stations / points up to Project site, storage, security,site transportation etc shall be in vendor’s scope and at vendors own cost.

24. All demurrage, wharfage and other expenses incurred due to delayed clearance of goods, or for any other reasons, either at Indian Port of entry, or at any clearing point, shall be to vendor’s account. Vendor shall be solely responsible for making all necessary arrangements for complying with all necessary formalities at the Indian port of entry.

25. Marine Insurance, Inland transit Insurance,site work Insurance, workman compensation and Insurance shall be in vendors scope.

26. For Training at vendors manufacturing facilities as per MR, travel ,transportation,boarding,lodging,living and personal expenses of Owners personnel shall be borne by Owner and for Training at site as per MR, vendors quoted prices shall include vendor’s personnel’s travel,transportation,boarding and lodging,living and personnel expenses etc.

27. Other than Indian imports duty(on the goods and services offered from outside India) which shall be included in the quoted prices by foreign vendor,their quoted prices shall be inclusive of all taxes,duties and levies etc, including sales tax(without concessional form),VAT, sales tax on Works contract/WCT (or termed as Fee/composition fee etc) and / or service tax, excise duty, octroi, local taxes and other levies etc as applicable in India as well as outside India, on the goods and services/works under the contract, till complete execution of the order / contract, and owner shall not have any liability,whatsoever on this account.Only statutory variation in the taxes,duties,levies etc.(Except WCT),shall be permissible where the applicable rate along with quantum of Taxes and duties is available in the offer.

28. Salient point for Supplies and services through sub-vendor if any ,in India, by a Foreign Bidder. 28.1 All Indian supplies shall be inclusive of applicable taxes and duties and road freight charges upto

site i.e FOT Site basis and any taxes,duties levies and /or any variations thereof shall not be payable.Vendor to consider passing on all cenvatable invoices to enable owner to avail credit.

28.2 Performance Bank Guarantee shall be for the total contract amount including both currencies from principal bidder.

28.3 Payment for the Supplies shall be 85% upon receipt of material at site and against invoices certified by principal bidder &balance 15% of supply after handing over.For the site work- 85% prorate against monthly running bills ,duly certified by EIL and balance 15% within 30 days after handing over.

28.4 No sales tax concession form will be issued. 28.5 The prime vendor and sub-vendor should be registered with statutory bodies and should bear the

tax and duties registration as required. 28.6 All Indian supplies shall be from EIL approved vendors.

29. Bidder confirm that he has noted the contents of the preamble and notes in the price schedule(if

any), RFQ document, material requisition(MR) and quoted his prices accordingly without any deviation.Vendor’s price break-up as per price schedule is solely for the purpose of facilitating evaluation of bids and for payments and will in no way limit the vendor’s single point total responsibility for the complete scope of work and for all contractual responsibilities / obligations as stated in RFQ document.

BIDDER'S SIGNATURE: COMPANY'S NAME: SEAL:

Note : Bidders (Foreign) must submit this preamble to price schedule duly signed and stamped with both unpriced & priced offer.

PRICE SCHEDULE FOR FOREIGN VENDOR

RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

FORM - A

SUPPLY PRICE

S. No. per MR

Tag No. / Item Code

SUPPLY OF FOLLOWING ITEMS AS PER COMPLETE SCOPE OFMR

QTY UNIT FOT SITE PRICE INCLUDING P&F, ALL

APPLICABLE TAXES, DUTIES & LEVIES,OCEAN

FREIGHT,MARINE INSURANCE, INSPECTION,

TESTING,PORT CLEARANCES, TRANSIT

INSURANCE & TRANSPORTATION UPTO PROJECT

SITE ETC.

(Currency___________)

TOTAL FOT SITE PRICE INCLUDING P&F, ALL

APPLICABLE TAXES, DUTIES & LEVIES,OCEAN

FREIGHT,MARINE INSURANCE, INSPECTION,

TESTING, PORT CLEARANCES ,TRANSIT

INSURANCE & TRANSPORTATION UPTO

PROJECT ETC.

(Currency___________)

1.0001

000-MW-01 Digital Microwave Radio Communication System as per MR 1 Lot

1.0001.01

[000-MW1-01] Microwave radio equpmnts at Mahul, Sewree&Uran of 155 Mbps (STM-1) capacity as per MR

3 Nos.

1.0001.02

[000-MW1-02] Radio Survey Study for antenna heights & system engineering at Mahul, Sewree&Uran

1 Lot

1.0001.03

[000-MW1-03]

Design,Supply& Installation/Erection of Tower (40m) & accessories at Mahul,Sewree&Uran as per MR 3 Lot

1.0001.04

[000-MW1-04] Antenna, RF feeder cable, mounting accessories etc. at Mahul, Sewree&Uran

3 Lot

1.0001.05

[000-MW1-05]

NMS Server with Software (PC based with operator console, Printer etc ) at Mahul 1 Lot

1.0001.06

[000-MW1-06]

NMS Client with Software (PC based with operator console, Printer etc.) at Uran

1 Lot


RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

1.0001.07

[000-MW1-07]

Integration with existing Telecommunication system (STM-4, CCTV, EPABX & VCE system) as per MR

1 Lot

1.0001.08

[000-MW1-08]

WAN Routers along with peripheral devices as per MR 2 Nos.

1.0001.09

[000-MW1-09]

230VAC/48VDC convertor (dual redundant) & its accessories at Mahul&Uran as per MR 2 Lot

1.0001.10

[000-MW1-10]

Supply,Testing& Commissioning of Battery and Battery Charger/Rectifier Sys. at Sewree as per MR 1 Lot

1.0001.11

[000-MW1-11]

Porta Cabin at Sewree as per MR 1 Lot

1.0001.12

[000-MW1-12]

Installation materials including cables & accessories etc. as per MR

1 Lot

TOTAL FOT SITE AMOUNTINCLUDING P&F, ALL APPLICABLE TAXES, DUTIES & LEVIES,OCEAN FREIGHT,MARINE INSURANCE, INSPECTION, TESTING, PORT CLEARANCES

,TRANSIT INSURANCE & TRANSPORTATION UPTO PROJECT ETC.


FORM – A1 DETAILS OF APPLICABLE TAXES & DUTIES INCLUDED IN THE QUOTED PRICE


RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

a) WCT:


Qty Amount on which WCT is applicable

Rate of WCT considered Maximum Amount of WCT included in the Quoted Price

1 2 3 4 5 6

01.01 As per scope of MR, Installation, integration, documentation, termination, earthing of panels, etc, site acceptance testing, trial run & commissioning, handing over to Client for fully functional Digital Microwave Radio Communication system integrated with existing telecom system.

L/sum

b) Service Tax– for Complete scope of MR


Qty Amount on which Service Taxis applicable

Rate of Service Tax considered Maximum Amount of Service Tax included in the Quoted Price

1 2 3 4 5 6

01.01 Applicable on all services other than Site Work

L/sum

01.02 Applicable on site work L/sum

c) Octroi


Qty (Nos)

Amount on which Octroi is applicable

Rate of Octroi @5.5% Octoi amount-INR *

01.01 As per scope of MR for all supplies L/sum

*Octroi is indicative and shall be reimbursable at actuals against documentary evidence after handing over.

FORM – A2 DETAILS OF BUILT-IN-CIF VALUE OF IMPORT CONTENT AND RATES OF IMPORTS DUTY CONSIDERED AND INCLUDED IN QUOTED FOT SITE PRICES


RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

Sl. No. DESCRIPTION CIF value of Import Content included in

total quoted FOT Site. prices ( as applicable )

(In INR)

RATE OF CUSTOM DUTY INCLUDED IN QUOTED SUPPLY PRICES

Item No. as per MR

Description of Imported Items

Qty. of Imported Items Required (as applicable) (Unit____)

CUSTOM TARRIF NO. BASIC CUSTOMS DUTY (%)

CVD + EDU. CESS ON CVD (%)

EDU. CESS ON CUSTOM DUTY (%)

SAD (%) TOTAL CUSTOM DUTY (%)

1 2 3 4 5 6 7 8 9

Supply Items

1

TOTAL CIF IMPORT CONTENT INCLUDED IN MAIN SUPPLY ITEMS

For 2 Years Operation & maintenance Spares

1

TOTAL CIF IMPORT CONTENT INCLUDED

Bidder Signature

COMPANY'S NAME:

SEAL:

FORM – A3 LIST OF COMMISSIONING SPARES INCUDED IN THE QUOTED PRICES


RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

LIST OF MANDATORY SPARES AS PER MR INCUDED IN THE QUOTED PRICES

LIST OF OTHER RELATED ITEMS INCLUDED ALONG-WITH EQUIPMENTS SUPPLY






RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

FORM – A4

TWO YEARS SPARES AND ACCESSORIES FOR NORMAL OPERATION AND MAINTENANCE.

MR ITEM.S.NO

DESCRIPTION AS PER MR

QTY (Nos.

)

UNIT FOT

DESPATCH

POINT PRICE

INCLUDING

P&F

TOTAL FOT

DESPATCH

POINT PRICE

INCLUDING

P&F (3 X4)

EXCISE

DUTY(INCL.U

DING CESS)-

EXTRA

CST WITHOUT

CONCESSIONAL

FORM-EXTRA

VAT WIHOUT

CONCESSION

AL FORM-

EXTRA

UNIT FREIGHT

CHARGES UPTO

DESIGNATED DELIVERY

POINT-EXTRA

TOTAL

FREIGHT

CHARGES UPTO

DESIGNATED

DELIVERY

POINT-

EXTRA(3x9)

SERVICE TAX

INCLUDING CESS

ON FREIGHT

CHARGES-EXTRA

1 2 3 4 5 6 7 8 9 10 11

Currency Currency %AGE %AGE %AGE Currency Currency %AGE


FORM – A5


RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

Unit Rates of items for addition/deletion as per Annexure-I of JobSpecification (Doc. No. A037-000-16-51-SP91)

S.No. Description Unit Rate(Currency___________) a) Supply, Installation, Commissioning and integration of Microwave Radio Equipment

with the existing SDH network

b) Supply, Installation & Commissioning of Radio Supervisory System/ NMS along with all software

c) Training per man-day at Manufacturing works d) Training per man-day at Site

FORM - B


RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

SITE WORK PRICE

S.NO. DESCRIPTION

QTY

LUMPSUM PRICE INCLUSIVE OF ALL APPLICABLE TAXES, DUTIES & LEVIES, INSURANCE, STORAGE ETC.

(Currency___________)

1. Installation, integration, documentation, termination, earthing of panels, etc, site acceptance testing, trial run &ommissioning,handing over to Client for fully functional Digital Microwave Radio Communication system integrated with existing telecom system as per MR specification

L/Sum


RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

FORM - C

TRAINING PRICE

S.NO. DESCRIPTION QTY


(Currency___________)

1 Training as per MR specification

L/Sum



RFQ NO. : AS/A037-000-YZ-MR-2472/2000



A037/2472/PS

FORM - D

POST WARRANTY MAINTENANCE CONTRACT(PWMC) PRICE

S.NO. DESCRIPTION

(For details Refer MR)

QTY


(IN INR) The proposal shall include supply of maintenance spares, tools and tackle as required; travel,boarding& lodging of service engineer. The bid shall be made year wise up to 5 years and the price validity shall be available for the entire period of contract.


st Year after

completion of Warranty Period. L/Sum


nd Year after



rd Year after



th Year after



th Year after



Page 1 of 11

BHARAT PETROLEUM CORPORATION LIMITED (Marketing Division)

LPG TRANSFER PIPELINE FROM BPCR/HPCR TO URAN.

GENERAL PURCHASE CONDITIONS

(For Indigenous Materials and Equipments)

INDEX 1 DEFINITIONS 2 REFERENCE FOR DOCUMENTATION 3 CONFIRMATION OF ORDER 4 SALES CONDITIONS 5 COMPLETE AGREEMENT 6 INSPECTION - CHECKING - TESTING 7 OFFICIAL INSTITUTION TESTING 8 EXPEDITING 9 DELAYED DELIVERY 10 DELAYS DUE TO FORCE MAJEURE 11 PACKING AND MARKING 12 DESPATCH INSTRUCTIONS 13 PART ORDER/ REPEAT ORDER 14 SHIPMENT AND SHIPMENT NOTICES 15 TRANSIT RISK INSURANCE 16 WEIGHTS & MEASUREMENTS 17 OILS & LUBRICANTS 18 SPARE PARTS 19 PRICE 20 TERMS OF PAYMENT 21 COPIES OF INVOICE AND DESPATCH DOCUMENTS 22 NON-WAIVER 23 NO ASSIGNMENT 24 VENDOR’S DRAWING AND DATA REQUIREMENT 25 TECHNICAL INFORMATION 26 SERVICES OF VENDOR’S PERSONNEL 27 CONTROL REGULATIONS 28 LIABILITY AGREEMENT 29 CHANGES 30 PERFORMANCE GUARANTEE 31 PATENTS & ROYALTIES 32 REJECTION, REMOVAL OR REJECTED GOODS & REPLACEMENT 33. RECOVERY OF SUMS DUE 34. CANCELLATION 35. OWNERS’ MATERIALS 36. TRANSFER OF PROPERTY FROM THE VENDOR TO THE OWNER 37. HEADINGS 38. ARBITRATION 39. JURISDICTION

Page 2 of 11

1. DEFINITIONS The following expressions used in these terms and conditions and in the Purchase Order shall have the meaning indicated against each of these : OWNER Owner means Bharat Petroleum Corporation Limited, (a Government of India Enterprise), a company incorporated in India having its registered office at Bharat Bhavan, 4&6, Currimbhoy Road, Ballard Estate, Mumbai 400 038, and shall include its successors and assignees (Hereinafter called BPCL). VENDOR Vendor means the Person, firm or the Company/Corporation to whom this Purchase Order is issued and shall include its successors and assignors. PROCUREMENT COORDINATORS / MANAGERS AND CONSULTANTS Engineers India Limited are Owner’s authorised representative appointed as Procurement Co-ordinators /Managers and consultants for this Project (hereinafter called CONSULTANT). INSPECTOR/TPIA Person or Third Party Inspection Agency deputed by BPCL or CONSULTANT for inspection checking testing as Inspector. GOODS/MATERIALS Goods and/or materials means any of the articles, materials. Machinery, equipments, supplies, drawing, data and other property and all services including but not limited to design, delivery, installation, inspection, testing and commissioning specified or required to complete the order. CONTRACTUAL DELIVERY DATE Contractual Delivery Date is the date on which goods shall be delivered in accordance with the terms of the Purchase Order. This Contractual Delivery Date / Period is inclusive of all the lead time for engineering, procurement of Raw Materials, manufacturing, inspection/testing, packing, transportation and any other activity whatsoever required to be accomplished for effecting the delivery at the agreed delivery point.

PROJECT

LPG TRANSFER P/L FROM BPCR/HPCR TO URAN SITE: Site means site of Project, i.e. BPCL , REFINERY , MAHUL , MUMBAI

2. REFERENCE FOR DOCUMENTATION

The Number and Date of this Purchase Order must appear on order confirmation, all correspondence, drawings, invoices, shipping notes/despatch advices, packing and on any document or paper connected within this Order.

3. CONFIRMATION OF ORDER

The Vendor shall acknowledge the receipt of the Purchase Order within ten days following the mailing of the same and shall thereby confirm his acceptance of this Purchase Order in its entirety without exceptions. This acknowledgement will bear on both Purchase Order and General Purchase Conditions. The vendor shall sign, stamp two copies of the Purchase Order and return one copy each to CONSULTANT and BPCL.

4. SALES CONDITIONS

With Vendor’s acceptance of provisions of this Purchase Order, he waives and considers as void all of his general sales conditions.

5. COMPLETE AGREEMENT

The terms and conditions of the provisions of this constitute the entire Agreement between the parties thereto. Changes will be binding only if the amendments are made in writing and signed by an authorised representative of the Owner and the Vendor.

6. INSPECTION-CHECKING-TESTING

The equipment, materials and workmanship covered by the Purchase Order shall be subject to inspection and testing by Inspectors at any time during manufacturing and / or prior to shipment and/or despatch and to final inspection within a reasonable time after arrival at the place of delivery. Inspectors shall have the right to carry out the inspection and testing which will include the raw materials at manufacturer’s shop, at fabricator’s shop and at the time of actual despatch before and after completion of packing. All

Page 3 of 11

inspections and tests shall be made as required by the specifications and scope of inspection attached or made part of this order and / or amendments issued by the Owner.

All tests mechanical and others and particularly those required by codes will be performed at the Vendor’s expenses and in accordance with Inspector’s instructions. The vendors will also bear the expenses concerning preparation and rendering of tests required by Boiler Inspectorate or such other statutory testing agencies or any Third Party Inspection Agency engaged by Owner/Consultant. The salaries and fees of Inspectors and travelling, lodging and boarding expense will not be borne by the Vendor unless inspection becomes infructuous due to any omission or commission on the part of the Vendor. Before shipping or despatch, the equipment and/or materials will have to be checked and stamped by Inspectors who are authorised also to forbid the use and despatch of any equipment and/or materials which during tests and inspection fail to comply with the specifications, codes and testing requirements. The vendor shall, Inform Engineers India Ltd. at least eight days in advance of the exact place, date and time of rendering the equipment or materials for required inspection. Provide free access to Inspectors during normal working hours to Vendors or his/its sub-Supplier’s work and place at their disposal all useful means of performing checking marking testing, inspection and final stamping.

Even if the inspection and tests are fully carried out, Vendor would not be absolved to any degree from his responsibilities to ensure that all equipments and materials supplied comply strictly with requirements as per Agreement both during manufacture, at the time of delivery, inspection, on arrival at site and after its erection or start-up and guarantee period as stipulated in Clause 30 hereof.

The Vendor’s responsibility will not be lessened to any degree due to any comments made by CONSULTANT and Inspectors on Vendor’s drawings or specifications or by Inspectors witnessing any chemical or physical tests. In any case, the equipment must be in strict accordance with the Purchase Order and/or its attachments, failing which CONSULTANT/BPCL shall have the right to reject the goods and hold the Vendor liable for non-performance of contract.

7. OFFICIAL INSTITUTIONAL TESTING

In addition to testing and inspection by Inspectors mentioned above, any Third Party Inspection Agency or similar institutional agencies like Boiler Inspectorate may be assigned for official testing of all coded equipment. The Vendor shall ensure that all Procedures for preparation and Performance of tests prescribed by such Institution shall be completed scrupulously. The Vendor is required to send to such Institutions as may be designated by the Owner at least three sets of construction drawings for each equipment and calculations. All manufacture’s Mill’s Test Certificates and analytical reports from material laboratories in respect of all raw materials and components employed shall have to be presented to such Institution’s Inspectors in the number of copies required. Vendor shall be responsible for any delay in submission of necessary certificate. The Vendor shall maintain close liaison with Procurement Co-ordinators and Institution’s Inspectors to maintain schedule and delay, if any, in this process will not be taken into consideration as a cause of Force Majeure.

8. EXPEDITING

Engineers India Limited have been assigned to expedite both manufacture and shipment of equipment and testing materials covered by the Purchase Order. BPCL/CONSULTANT shall have the free access to Vendor’s shop and/or sub-supplier’s shop at any time and they shall be provided all necessary assistance and information to help them perform their job. In order to facilitate overall execution of the order within the contractual delivery date, Vendor shall furnish to CONSULTANT within 4 weeks of receipt of Purchase Order the required number of copies of documents such as but not limited to schedules/PERT charts, unpriced copies of sub-orders/sub-contracts, phased programme of itemwise manufacturing, testing and delivery and any other information/documentation as may be called for by BPCL/CONSULTANT. Vendor shall furnish Progress Report at the end of each month to CONSULTANT/BPCL.

9. DELAYED DELIVERY

The time and date of delivery of stores / materials / equipment as stipulated in the Order shall be deemed to be of the essence of the contract. In case of delay in execution of the order beyond the date of delivery as stipulated in the Order or any extension sanctioned. Owner may at his option :

i) Accept delayed delivery at prices reduced by a sum equivalent to one half of one per cent (½%) of the value of any goods delayed for every week of delay or part

Page 4 of 11

thereof, limited to a maximum of 10% of the total order value. ii) Cancel the order in part or full and purchase such cancelled quantities from

elsewhere on account and at the risk of the Vendor, without prejudice to its right under (i) above in respect of goods delivered.

10. DELAYS DUE TO FORCE MAJEURE i) In the event of causes of Force Majeure occurring within the agreed delivery terms,

the delivery dates can be extended by the Owner on receipt of application from the vendor within the stipulated delivery period. Only those causes which depend on natural calamities, civil wars and national strikes/lockout at Vendor’s Works which have a duration of more than seven consecutive calendar days are considered the causes of force majeure. The Vendor must advise CONSULTANT by a registered letter duly certified by a local Chamber of Commerce or statutory authorities, the beginning and the end of the cause of delay immediately, but in no case later than within 10 days from the beginning and end of such cause of Force Majeure condition as defined above.

ii) Owner reserves the right to ask Vendor to suspend despatches of the goods/materials covered by this order for such period as they may think fit in the event of strikes, accidents or other causes beyond Owner’s control.

11. PACKING AND MARKING

All fragile and all exposed parts shall be packed with care and the packages shall bear the words “WITH CARE” both in English and Hindi, with diagrams. All nozzles pipes and all sheets shall be marked with strips bearing progressive numbers. All holes and openings as also all delicate surfaces, shall be carefully protected against bad weather. All threaded fittings shall be greased and provided with plastic cap. All manufactured surfaces shall be painted with rustproof paint. All small pieces shall be packed in cases, duly numbered and marked. The Vendor shall be held liable for all damages or breakage to the goods due to the defective or insufficient packing as well as for corrosion due to insufficient protection. On three sides of the packages, the following marks shall appear clearly visible in indelible paint and on Vendor’s care and expense :

FROM ____________________________ FOR : M/S. BHARAT PETROLEUM CORPORATION LTD., MAHUL REFINERY , MUMBAI . P.P. NO.__________________ ITEM NO. _______________________ NET WT. __________________ GROSS WT._______________________ DIMENSIONS ______________ CASE NO. _______________________ OF TOTAL __________________CASES. All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked “ATTENTION SPECIAL LOAD - HANDLE WITH CARE” both in English and Hindi Language.

12. DESPATCH INSTRUCTIONS 12.1 Unless otherwise specifically advised in writing, goods shall not be despatched without

prior inspection, testing and Release Notes / Materials Acceptance Certificates issued by Inspectors.

12.2 Vendor shall exercise due care and ensure that all consignment(s) shall be booked under

appropriate classification, failing which any additional freight incurred by Owner due to Vendor’s booking the material under a Wrong classification shall be to Vendor’s account.

12.3 The goods shall be consigned in the name of the consignee, viz :

1. Attn : PROJECT MANAGER M/s. BHARAT PETROLEUM CORPORATION LTD., BPCL REFINERY, LPG TRANSFER P/L PROJECT MAHUL , MUMBAI .

The goods should be despatched F.O.T site on Door Delivery basis through bank approved transporters.

Page 5 of 11

Owner’s warehouse is open to receive stores between 8.30 a.m. and 3.00 p.m. on all working days except Saturday. No goods will be accepted after 3.00 p.m. DESTINATION : 1. The vendor will ascertain, in advance, the destination of the Material to be despatched.

Demurrage other expenses incurred owing to any negligence, delay or default on the part of the Vendor will be for Vendor’s account and deducted from his invoice before payment.

2. BPCL / CONSULTANT reserve the right to advise any change in despatching point/destination and/or mode of transport, as may be required. Any extra expenditure on this account supported by documentary evidence will be reimbursed by BPCL

13. PART ORDER/REPEAT ORDER

Vendor hereby agrees to accept part order against tender enquiry at Owner’s option without any limitation whatsoever and also accept repeat order during a period of Twelve months after placement of purchase order at the same unit prices, terms and conditions. All lumpsum charges, if any, shall be pro-rata on value basis on acceptance of part order.

14. SHIPMENT AND SHIPMENT NOTICES

The Vendor shall make shipment only after prior approval of Inspectors whenever specifically mentioned. In the event of the vendor having been advised to hold shipment(s) for any reason whatsoever, the vendor shall hold the materials in his/its warehouse for at least 30 days without any compensation or without prejudice to any reduction in price already accrued on account of delays. Part shipment are allowed. Immediately after shipment, Vendor shall inform despatch particulars to BPCL/CONSULTANT as hereunder : copies of Despatch Advice to M/s. BPCL,A 5&6, SECTOR 1,NOIDA 201 301 Attn: GM(PIPELINE PROJECTS) Copy to Consultant’s office,( EIL) New Delhi 110066.

Copy to , Consultant’s office , BPCL, LPG TRANSFER P/L PROJECT , MAHUL REFINERY ,MAHUL,MUMBAI .

15 TRANSIT RISK INSURANCE

Insurance shall be covered by the Owner against its Open General Policy. Name and particulars of Insurance Company shall be shown in the Purchase Order. The Vendor shall intimate the despatch particulars to the Insurance Company under advise to CONSULTANT( EIL) , New Delhi and Attn : GM(PIPELINE PROJ. ), M/s BPCL, A5 & 6, SECTOR-1, NOIDA 2010301.(U.P.) FAX NO. 0120-2474368

16 WEIGHTS AND MEASUREMENTS

All weights and measurements recorded by Procurement Co-ordinators/Managers on receipt of goods at site will be treated as final. Vendor’s shipping documents and invoices must contain the following data : i) Unit net weight ii) Unit gross weight (packing included) iii) Dimensions of packing

17 OILS & LUBRICANTS

The first filling of oils and lubricants, if any required for every equipment shall be included in the price and appropriate products manufactured by Bharat Petroleum Corporation shall be used. In case, the particular oils and lubricants are not manufactured by BPCL, same of other Government Oil Company can be used. The Vendor shall also recommend the quality/quantity of oils and lubricants required for one year continuous operation.

18 SPARE PARTS

The Vendor must furnish ancelin and priced list of mandatory spare parts required for two years operation of the main equipment and prime movers also. The Vendor shall provide the necessary cross sectional drawing to identify the spare parts numbers and their location as well as an interchangeability chart.

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19 PRICE

Unless otherwise agreed to in the terms of the Purchase Order, the price shall be : Firm and not subject to escalation for any reason whatsoever till execution of entire order, even though it might be necessary for the order execution to take longer than the delivery period specified in the order, after taking into account all MODVAT benefits. Inclusive of adequate roadworthy packing and forwarding charges and road freight whenever F.O.T. destination delivery terms are agreed to but exclusive of insurance. It will be assumed that packing cases are not returnable unless otherwise agreed in writing. Inclusive of loading charges at all despatch points. Exclusive of Central / State Sales Tax, Excise Duty and or such imports which are leviable by law on sale of finished goods to Owner and or Octroi Duty, if any, leviable at destination/project site. The nature and extent of such levies shall be shown separately. Vendor’s Sales Tax Certificate of registration number shall be shown on his invoice. Copies of Excise Duty payment documents shall be submitted by vendor along with invoices.

20 TERMS OF PAYMENT Payment against invoice shall normally be made within 30 days of receipt and acceptance

of equipment/material at site, upon satisfactory completion of order including relevant technical documentation as specified in Purchase Requisition and on submission of Performance Bank Guarantee for 10% of value of order.

The vendor shall as a precondition to any payment exceeding 90% (Ninety percent) of the total contract value, furnish to the Owner in case or in Bank Guarantee from a Scheduled/Nationalised Bank in a form approved by the Owner (format attached) for an amount of 10% of the contract value as security for the due performance of all the Vendor’s liability in terms of and/or in connection with the contract. This security will be valid upto 6 months from the expiry of guarantee period. The final settlement of vendor’s invoice is liable to be withheld in the event the vendor has not complied with submission of drawings, data and such documentation as called for in the Purchase Order and/or as required otherwise. Delay in receiving invoices in the number of copies specified, (or errors and omissions) or failure or delay in providing copies of despatch documents/original R/Rs, G/Rs etc. and any demurrage or wharfage or any loss resulting thereby shall be borne by the vendor.

20 COPIES OF INVOICE AND DESPATCH DOCUMENTS

Invoice and other documents shall be sent as hereunder : Original 2 copies to Attn : GM (PIPELINE PROJ.),M/s BPCL, A5&6, Sector 1, Noida 201 301

2copy to Consultant’s office , New Delhi 110 066. 22 NON-WAIVER

Failure of the Owner/CONSULTANT to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay in exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach, or the acceptance of payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner or CONSULTANT to insist upon the strict performance thereof or of any of its or their rights or remedies as to any such goods regardless of when goods are shipped, received or accepted nor shall any purported oral modification or revision of the order by CONSULTANT act as waiver of the terms hereof. Any waiver to be effective must be in writing.

23 NO ASSIGNMENT

This Purchase Order shall not be assigned to any other agency by the Vendor without obtaining prior written consent of the Owner.

24 VENDOR’S DRAWINGS AND DATA REQUIREMENT

The Vendor shall submit drawings data and documentation in accordance with but not limited to what is specified in the requisition and/or in vendor drawings and data form attached to the Purchase Order and as called for in Clause 8, viz. ̀ Expediting’ above. The types, quantities and time limits of submitting this shall be respected in its entirely, failing which the Purchase Order shall not be deemed to have been executed for all purposes including settlement of payment since the said submission is an integral part of Purchase Order execution.

24.1 6 sets of operation and maintenance manuals are to be provided by the vendor. One set to be sent to the project site along with the consignment.

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25. TECHNICAL INFORMATION

Drawings, specifications and details shall be the property of the Owner and shall be returned by the Vendor on demand. The Vendor shall not make use of drawings and specifications for any purpose at any time save and except for the purpose of the Owner. The Vendor shall not disclose the technical information furnished to or gained by theVendor under or by virtue of or as a result of the implementation of the Purchase Order to any person, firm or body or Corporate Authority and shall make all endeavours to ensure that the technical information is kept CONFIDENTIAL. The technical information imparted and supplied to the Vendor by the Owner shall at all times remain the absolute property of the Owner.

26. SERVICES OF VENDOR’S PERSONNEL

If specifically asked for in the Purchase Order, the Vendor shall depute upon two weeks advance notice, the necessary personnel to site for supervision of erection and start up of the equipment and train a few of the Owner’s personnel for the operation and maintenance of the equipment, if required, by the Owner.

27. CONTROL REGULATIONS

Vendor warrants that all goods/materials covered by this Order have been produced, sold anceling, delivered and furnished in strict compliance with all applicable laws, regulations, labour agreement, working condition and technical codes and statutory requirements as applicable from time to time. All laws and regulations required to be incorporated in Agreements by this charter are hereby deemed to be incorporated by this reference, including, the provisions of Industries (Development & Regulations) Act, 1951 and any amendment thereof. Owner and CONSULTANT disown any responsibility for any irregularity or contravention of any of the statutory regulations in the manufacture or supply of goods covered by the Order. The vendor shall ensure compliance with the above and shall indemnify Owner / CONSULTANT against any actions, damages, cost and expenses of any failure to comply as aforesaid.

28. LIABILITY AGREEMENT

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of the Owner/CONSULTANT, Vendor agrees to assume full responsibility for the proper conduct of such employees / representatives while on said premises and to comply with all applicable Workmen’s Compensation Laws and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards. If this order requires Vendor to furnish labour at site, such Vendor’s workmen or employees shall under no circumstances be deemed to be Owner’s employ and the Vendor shall hold himself responsible for any claim or claims which they or their heirs, dependent or personal representatives may have or make for damages or compensation for anything done or omitted to be done in the course of carrying out the work covered by the Purchase Order, whether arising at Owner’s premises or elsewhere and agrees to indemnify the Owner against any such claims if made against the Owner and all costs of proceedings, suits or actions which Owner may incur, sustain in respect of the same.

29. CHANGES

The Owner has the option at any time to make changes in quantities ordered or in specifications and drawings. If such changes cause an increase or decrease in the price required for supply, an equitable adjustment under this provision must be anceling within 10 days from the date when the change is ordered.

30. PERFORMANCE GUARANTEE

The Vendor shall guarantee that any and all materials used in execution of the Purchase Order shall be in strict compliance with characteristics, requirements and specifications and that the same shall be free from any defects. Checking of the Vendor’s drawings by Procurement Coordinators/ Managers and their approval and permission to ship or despatch the equipment and materials granted by Inspectors shall not relieve the vendor from any part of his/its responsibilities for proper fulfillment of the requirements. The Vendor will guarantee that all materials and equipments shall be repaired or replaced as the case may be at his own expense in case the same have been found to be defective in respect of material, workmanship or smooth and rated operation within a period of twelve months after the same have been put in service, or 18months from the last shipment, whichever is earlier. If any trouble or defect originating with the design, materials, workmanship or operating characteristics of any, materials arise at any time prior to 12months from the date of first commercial operation of the Plant for which the materials

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supplied under this order form a part thereof, or 18 months from the date of last shipment of the goods/materials whichever period shall first expire, and the Vendor is notified thereof, Vendor shall, at his/its own expense and as promptly as possible make such alterations, repairs and replacements as may be necessary to permit the materials to function in accordance with the specifications and to fulfill the foregoing guarantee.

Owner/CONSULTANT may at its option, remove such defective materials at Vendor’s expense, in which event Vendor shall without cost to Owner and as promptly as possible, furnish and install proper materials. The Guarantee Period for the replacement of materials parts shall be 12 months from the date on which the replacement are put in service, or 18 months from the date of receipt, whichever is earlier. Acceptance by the Owner/CONSULTANT of any equipment and materials or their replacement will not relieve the Vendor of his/its responsibility concerning the Guarantee. In the event that the materials supplied to not meet the specifications and/or not in accordance with drawing, data sheets or terms of this order and rectification is required at site, the Owner/CONSULTANT shall notify the Vendor giving full details of differences. The vendor shall attend the site within seven days of receipt of such notice, meet and agree with the representative of Owner/CONSULTANT for the action required to correct the deficiency. Should the Vendor fail to attend meeting at site within the prescribed time, Owner/CONSULTANT shall immediately rectify the work/material and Vendor shall reimburse the Owner all costs and expenses incurred in connection with such trouble or defect. The Vendor shall furnish a Bank Guarantee (as per proforma hereunder) to support Vendor’s performance, for orders of more than 1 lakhs. The Bank Guarantee shall remain in force for 6 months from the expiry of guarantee period.

31. PATENTS & ROYALTIES

The Vendor shall fully indemnify the Owner (BPCL/CONSULTANT) and users of materials specified herein supplied, against any action, claim or demand, costs and expenses, arising from or incurred by reasons of any infringement alleged infringement of any Latter’s Patent Registered Design, Trademark or name, copy right or any other protected rights in respect of any materials supplied, or any arrangement, system of method of using fixing, or working used by the Vendor. In the event of any claim, or demand being made or action sought against Owner/CONSULTANT in respect of any of the aforesaid matter, the Vendor shall be notified thereof immediately and the Vendor shall at his/its own expense with (if necessary) the assistance of CONSULTANT/Owner (whose all expenses shall be reimbursed by the Vendor) conduct all negotiations for the settlement of the same and/or litigation which may arise thereof.

32. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage of Inspectors reveal that the equipment, material and workmanship do not comply with the specification and requirements, the same shall be removed by the Vendor at his/its own expense and risk within the time allowed by the Owner. The Owner shall be at liberty to dispose off such rejected goods in such a manner as he may think appropriate, in the event the Vendor fails to remove the rejected goods within the period as aforesaid. All expenses incurred by the Owner for such disposal shall be to the account of the Vendor. The freight paid by the Owner, if any, on the inward journey of the rejected materials shall be reimbursed by the Vendor to the Owner before the rejected materials are removed by the Vendor. The Vendor will have to proceed with the replacement of that equipment without claiming any extra payment if so required by the Owner. Extension in delivery period will not be allowed on this account.

33. RECOVERY OF SUMS DUE

All costs, damages, or expenses for which the Vendor becomes liable under this Purchase Order shall be deducted from the sum due or which at any time thereafter may become due from the Vendor. Should this sum be not sufficient to cover the recoverable amount(s), the Vendor shall pay to BPCL on demand the balance remaining due. Any claim arising out of this order shall be in writing to CONSULTANT, New Delhi with a copy to BPCL within 3 months from the last despatch date claims received after 3 months will not be entertained.

34. CANCELLATION

The Owner reserves the right to cancel this Purchase Order or any part thereof and shall be entitled to rescind the contract wholly or in part in a written notice to the Vendor if : i) The Vendor fails to comply with the terms of this Purchase Order ii) The Vendor fails to deliver goods on time and/or replace the rejected

goods promptly. iii) The Vendor becomes bankrupt or goes into liquidation. iv) The Vendor makes a general assignment for the benefit of creditors

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v) A receiver is appointed for any of the property owned by the Vendor.

Upon receipt of the said cancellation notice, the Vendor shall discontinue all work on the Purchase Order and matters connected with it. The Owner in that event will be entitled to procure the requirement in the open market and recover excess payment over the Vendor’s agreed price, if any, from the Vendor reserving to itself the right to forfeit the security deposit, if any, placed by the Vendor against the contract. The Vendor is aware that the said goods are required by the Owner for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the Owner. In this event, of the Owner exercising the option to claim damages for non-delivery other than by way of difference between the market price and the contract price, the Vendor shall pay to the Owner, fair compensation to be agreed upon between the Owner and the Vendor. The provision of this Clause shall not prejudice the right of the Owner from invoking the provisions of Clause `Delayed Delivery’ as aforesaid.

35. OWNER’S MATERIALS

If specifically agreed to in the Purchase Order, Owner shall furnish to the Vendor such materials/equipment (hereinafter called Owner’s Materials), as agreed, for incorporation into the manufacture, fabrication, testing or processing of goods/materials, in accordance with but not limited to, the following conditions :

a) The Vendor, shall, if so demanded by the Owner, deliver a Bank Guarantee for indemnifying the full value of the material delivered or of such other amount as may be decided by the Owner at their sole discretion, in such form and manner as may be required by the Owner before such material is removed from the premises of the Owner.

b) Vendor shall submit separate prices for all types of costs excluding insurance charges incurred by them for transporting the material from Owner’s warehouse/store to their Works and also return charges (including all types of costs as above) from their Works to Owner’s warehouse/store. It shall be vendor’s responsibility to collect promptly Owner’s material from Owner’s warehouse/store and transport the same to their Works at their own cost. Any town duty, octroi or local taxes levied by the local bodies at the vendor’s end, loading/unloading and any handling expenses etc. shall be borne by the Vendor. Vendor shall arrange to properly store and provide adequate security and protection to Owner’s materials. Vendor shall be solely responsible for the safe keeping of such materials and shall indemnify Owner/consultant against any loss or, damage to, misuse or misappropriation whatsoever of Owner’s materials while in the possession of the vendor. Vendor shall in advance, take into account all taxes and duties applicable for processing the Owner’s material as per requirement. Any taxes and duties levied later on shall be to the account of vendor. Only statutory variation in taxes and duties shall be allowed.

c) The Vendor shall give a firm and binding list of Owner’s issue of materials and the desired schedule of its delivery to shop floor strictly in accordance with the sequence of fabrication vis-a-vis, the contractual delivery period.

d) Unused materials or scrap from materials supplied by the Owner to the Vendor shall be returned by the Vendor to the Owner or if the Owner so direct, the Vendor may dispose of the same by sale or otherwise on such terms and conditions as the Owner may stipulate and the Vendor shall pay to the Owner the sale proceeds of the materials so disposed off by sale deducting therefrom expenses incurred by the Vendor on such sale, the quantum of such deduction to be mutually agreed upon in advance in writing between the Owner and the Vendor.

36. TRANSFER OF PROPERTY FROM THE VENDOR TO THE OWNER

In the absence of any provision to the contrary, transfer of property in goods be deemed to have taken place as follows :

1. F.O.T. or F.O.R. Despatch Point where payment is through Bank :- On handing over the goods to the carriers against a receipt and such receipt (consignee original) having received by the Owner.

2. F.O.T. or F.O.R. Destination Station where payment is directly by BPCL :- On taking delivery from the carriers at the destination station.

3. Equipment /materials sent Freight Carriage paid to the site/warehouse : After arrival at warehouse / site.

4. Equipment erected by Vendor / materials required for such job : On acceptance at job site by CONSULTANT/Owner & trial test.

5. Equipment commissioned by Vendor :

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On taking over by Owner for regular operation after test runs at maximum capacity for specified period are satisfactorily performed

37 HEADINGS

The headings of the conditions hereof shall not affect construction thereof. 38. ARBITRATION

All disputes or difference whatsoever which shall at any time arise between the parties hereto touching or concerning the works or the execution or maintenance thereof under this Contract or the right touching or concerning the works or the execution or maintenance thereof under this Contract or the execution or the maintenance effect thereof or to the rights or liabilities of the parties or arising out of or in relation thereto whether during or after completion of the contract or whether before or after determination foreclosure or breach of the Contract (other than those in respect of which the decision of any person is by the Contract expressed to be final and binding) shall after written notice by either party to the Contract to the other of them and to the Appointing Authority be referred for adjudication, to a sole Arbitrator to be appointed as hereinafter provided. a. Any dispute or difference of any nature whatsoever any claim, cross-claim,

counter-claim or set off of the Corporation against the Vendor or regarding any right, liability, act, omission or account of any of the parties hereto arising out of or in relation to this agreement shall be referred to the Sole Arbitration of the Director (Marketing) of the Corporation or of some officer of the Corporation who may be nominated by the Director (Marketing). The Vendor will not be entitled to raise any objection to any such Arbitrator on the ground that the Arbitrator is an Officer of the Corporation or that he has dealt with the matters to which the contract relates or that in the course of his duties as an Officer of the Corporation he had expressed views on all or any other matters in dispute or difference. In the event of the Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, the Director (Marketing) as aforesaid at the time of such transfer, vacation of office or inability to act may in the discretion of the Director (Marketing) designate another person to act as Arbitrator in accordance with the terms of the agreement to the end and intent that the original Arbitrator shall be entitled to continue the arbitration proceedings notwithstanding his transfer or vacation of office as an Officer of the Corporation if the Director (Marketing) does not designate another person to act as arbitrator on such transfer, vacation of office or inability of original arbitrator. Such persons shall be entitled to proceed with the reference from the point at which it was left by his predecessor. It is also a term of this contract that no person other than the Director (Marketing) or a person nominated by such Director (Marketing) of the Corporation as aforesaid shall act as Arbitrator hereunder. The award of the Arbitrator so appointed shall be final conclusive and binding on all parties to the agreement subject to the provisions of the Conciliation & Arbitration Act, 1996 or any statutory modification or re-enactment thereof and the rules made thereunder for the time being in force shall apply to the arbitration proceedings under this clause.

b. The award shall be made in writing and published by the Arbitrator within

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

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raise any objection or protest thereto under any circumstances whatsoever. c. The Arbitrator shall have power to order either of the parties to abide by

observe and perform all such directions as the Arbitrator may think fit having regard to the matters in difference i.e. dispute before him. The Arbitrator shall have all summary powers and may take such evidence oral and/or documentary, as the Arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Conciliation & Arbitration Act, 1996 including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him.

d. The parties against whom the arbitration proceedings have been initiated,

that is to say, the Respondents in the proceeding, shall be entitled to prefer a cross-claim or set off before the Arbitrator in respect of any matter an issue arising out of or in relation to the Agreement without seeking a formal reference of arbitration to the Director (Marketing) for such counter-claim, cross-claim or set off and the Arbitrator shall be entitled to consider and deal with the same as if the matters arising there from has been referred to him originally and deemed to form part of the reference made by the Director (Marketing).

e. The Arbitrator shall be at liberty to appoint, if necessary any accountant or

engineering or other technical person to assist him, and to act by the opinion so taken.

f. The Arbitrator shall have to make one or more awards whether interim or

otherwise in respect of the dispute and difference and in particular will be entitled to make separate awards in respect of claims or cross-claims of the parties.

g. The Arbitrator shall be entitled to direct any one of the parties to pay the

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

h. The parties hereby agree that the courts in the city of New Delhi alone shall

have jurisdiction to entertain any application or other proceedings in respect of anything arising under the agreement and any award or awards made by the Sole Arbitrator hereunder shall be filed in the concerned courts in the city of New Delhi only.

39 JURISDICTION

The contract shall be governed by and constructed according to the laws in force in INDIA. The contractor hereby submits to the jurisdiction of the Courts situated at New Delhi for the purpose of actions and proceedings arising out of the contract and the courts at New Delhi only will have the jurisdiction to hear and decide such actions and proceedings.

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BHARAT PETROLEUM CORPORATION LIMITED (Marketing Division)

LPG TRANSFER PIPELINE FROM BPCR/HPCR TO URAN .

GENERAL PURCHASE CONDITIONS

(For Imported Materials and Equipments)

INDEX 1. DEFINITIONS 2. REFERENCE FOR DOCUMENTATION 3. IMPORT LICENCE 4. CONFIRMATION OF ORDER 5. SALES CONDITIONS 6. COMPLETE AGREEMENT 7. INSPECTION CHECKING TESTING 8. EXPEDITING 9. WEIGHTS AND MEASUREMENTS 10. OILS & LUBRICANTS 11. SPARE PARTS 12. PACKING AND MARKING 13. SHIPMENT AND SHIPMENT NOTICES 14. SHIPPING 15. MARINE-CUM-ERECTION INSURANCE 16. RESPECT FOR DELIVERY DATES 17. DELAYED DELIVERY 18. DELAYS DUE TO FORCE MAJEURE 19. REJECTION, REMOVAL OF REJECTED GOODS AND

REPLACEMENT 20. PRICE 21. TERMS OF PAYMENT 22. PART ORDER/REPEAT ORDER 23. RECOVERY OF SUMS DUE 24. MODIFICATIONS 25. CANCELLATION 26. PATENTS AND ROYALTIES 27. PERFORMANCE GUARANTEE 28. NON-WAIVER 29. NO ASSIGNMENT 30. VENDOR’S DRAWINGS AND DATA REQUIREMENT 31. TECHNICAL INFORMATION 32. SERVICES OF VENDOR’S PERSONNEL 33. HEADINGS 34. ARBITRATION 35. GOVERNING LAW AND JURISDICTION 36. ADDRESSES 1.0 DEFINITIONS

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The following expressions used in these terms and conditions and in the Purchase Order shall have the meaning indicated against each of these:

OWNER

Owner means Bharat Petroleum Corporation Limited, (a Government of India Enterprise), a company incorporated in India having its registered office at Bharat Bhavan, 4&6, Currimbhoy Road, Ballard Estate, Mumbai 400 038, INDIA and shall include its successors and assignees (Here after called BPCL as a short form).

VENDOR

Vendor means the Person, firm or the Company/Corporation to whom this Purchase Order is issued and shall include its successors and assignors.

CONSULTANTS

Consultant is Owner’s authorised representative appointed as consultants for this Project (hereafter called CONSULTANT as a short form).

INSPECTOR / TPIA

Person or Third Party Inspection Agency deputed by BPCL or CONSULTANT for inspection-checking-testing as Inspector.

GOODS/MATERIALS

Goods and/or materials means any of the articles, materials. Machinery, equipments, supplies, drawing, data and other property and all services including but not limited to design, delivery, installation, inspection, testing and commissioning specified or required to complete the order.

PROJECT

LPG TRANSFER P/L FROM BPCR/HPCR TO URAN SITE: Site means site of Project, i.e. BPCL , REFINERY , MAHUL , MUMBAI ,INDIA

2. REFERENCE FOR DOCUMENTATION

Purchase Order number must appear on correspondence, drawings, invoices, shipping notes, packing and on any document or paper connected with the Order. Coordination of custom clearance and forwarding imported shipments at designated Indian ports by Owner, Consultant shall indicate rate of duties generally applicable. Consultant shall also provide assistance for clearance of Customs

3. IMPORT LICENCE

Invoices must clearly indicate, “Imports are covered under Latest Export-Import Policy. The items covered under the Purchase Order do not fall under restricted items of the policy and hence no import license required. The items ordered also do not fall under the Negative List of Import of the Policy.

4. CONFIRMATION OF ORDER

The Vendor shall acknowledge the receipt of the Purchase Order within ten days following the mailing of his order and shall thereby confirm his acceptance of this Purchase Order in its entirety without exceptions. This acknowledgment will be on both Purchase Order and General Purchase Conditions. Vendor shall also submit along with order acceptance a Bank Guarantee as per Clause 27 hereunder. The vendor shall sign, stamp two copies of the Purchase Order and return one copy each to CONSULTANT and BPCL.

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5. SALES CONDITIONS

With Vendor’s acceptance of provisions of this Purchase Order he waives and considers as cancelled any of his general sales conditions.

6. COMPLETE AGREEMENT

The terms and conditions of this Purchase Order constitute the entire Agreement between the parties thereto. Changes will be binding only if the amendments are made in writing and signed by an authorised representative of the Owner and the Vendor.

7. INSPECTION-CHECKING-TESTING

The equipment, materials and workmanship covered by the Purchase Order is subject to inspection and testing at any time during manufacturing and / or prior to shipment and/or despatch and to final inspection within a reasonable time after arrival at site. Inspectors shall have the right to carry out the inspection and testing which will include the raw materials at manufacturer’s shop at fabricator’s shop and at the time of actual despatch before and after completion of packing. Inspection of the imported items shall be carried out by the Consultant.

7.1 All tests mechanical and others and particularly those required by relevant codes will be

performed at the Vendor’s expenses and in accordance with Inspector’s instructions. The vendors will also bear the expenses concerning preparation and rendering of tests required by Boiler Inspectorate or such other statutory testing agencies or by any Third Party Inspection Agency engaged by Owner/Consultant.

7.2 Before shipping or despatch, the equipment and/or materials will have to be checked and

stamped by Inspectors who are authorised also to forbid the use and despatch of any equipment and/or materials which during tests and inspection fail to comply with the specification, codes and testing requirements.

7.3 The vendor will have to: -

Inform Owner at least eight days in advance of the exact place, date and time of rendering the equipment or materials for required inspection. Provide free access to Inspectors during normal working hours to Vendors or his/its sub-vendor’s works and place at their disposal all useful means of performing checking marking testing, inspection and final stamping.

7.4 Even if the inspection and tests are fully carried out Vendor is not absolved to any degree

from his responsibilities to ensure that all equipments and materials supplied comply strictly with requirements as per Agreement both during construction, at the time of delivery, inspection, on arrival at site and after its erection or start-up and guarantee period as stipulated in Clause 27 hereof.

7.5 The Vendor’s responsibility will not be lessened to any degree due to any comments made

by Owner/Owner’s representative and Inspectors the Vendor’s drawings or specifications or by inspectors witnessing any chemical or physical tests. In any case, the equipment must be in strict accordance with the Purchase Order and/or its attachments failing which the Owner shall have the right to reject the goods and hold the Vendor liable for non-performance of contract.

8. EXPEDITING

Owner/Owner’s representative have been assigned to expedite both manufacture and shipment of equipment and materials covered by the Purchase Order. The Owner/Owner’s representatives shall have the free access to Vendor’s shop and/or sub-supplier’s shop at any time and they shall be provided all necessary assistance and information to help them perform their job.

9. WEIGHTS AND MEASUREMENTS

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The shipping documents, invoices, packing lists and all other relevant documents shall contain the same units of weights and measurements as given in the Owner’s Purchase Order.

10. OILS & LUBRICANTS

The first filling of oils and lubricants for every equipment shall be included in the price. The Vendor shall also recommend for quality and quantity of oils and lubricants required for one year’s continuous operation.

11. SPARE PARTS

The Vendor must furnish itemised and priced list of spare parts required for two years operation of the equipment.

The Vendor shall provide the necessary cross sectional drawing to identify the spare parts numbers and their location as well as an interchange ability chart.

12. PACKING AND MARKING

All equipment/materials shall be suitably packed in weatherproof seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India. The packing shall be strong and efficient enough to ensure safe perseverance up to final point of destination.

Equipment/Materials shall be protected by suitable cost of paint and all bright parts protected from rust by application of rust preventive as may be necessary. All machinery surface shall be suitably protected.

All fragile and all exposed parts will be packed with care and the packages shall bear the words “HANDLE WITH CARE GLASS FRAGILE DON’T ROLL THIS END UP. THIS END DOWN” to be indicated by arrow.

A distinct colour splash in say red-black around each package crate/bundle shall be given for identification. All pipes and sheets shall be marked with strips bearing progressive Number.

In case of bundles, the shipping marks shall be embossed on metal or similar tag and wired security on each end.

For bulk uniform material when packed in several cases, progressive serial numbers shall be indicated on each case. All nozzles, holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather. Flange faces of all nozzles shall be protected by blanks. All manufactured surfaces shall be painted with rust proof paint. All threaded fittings shall be greased and provided with plastic cap.

All small pieces shall be packed in cases.

The Vendor shall be held liable for all damages or breakage to the goods to defective or insufficient packing as well as for corrosion due to insufficient greasing/protection.

On three sides of the packages, the following marks shall appear clearly visible in indelible paint and on Vendor’s care and expense:

BHARAT PETROLEUM CORPORATION LIMITED LPG TRANSFER PIPELINE FROM BPCR/HPCR TO URAN

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A-5&6, SECTOR-1, NOIDA (U.P), PIN-201 301 , INDIA , FAX NO : 091-120-2474368

From : Name and Address

To : GM (PIPELINE PROJECT)

Bharat Petroleum Corporation Limited LPG TRANSFER PIPELINE FROM BPCR/HPCR TO URAN

A-5&6, sector-1, Noida (U.P) Pin-201 301 , INDIA Fax No: 091-120-2474368

Note : Materials are to be packed separately, sitewise. Hence Vendor is required to write on the

package site name (as applicable) as under : MATERIAL FOR LPG TRANSFER PIPELINE FROM BPCR/HPCR TO URAN

Order No.: Rev. No.: Item : Equipment/Nomenclature : Net Weight Kgs. Gross Weight Kgs. Case No. Of Total cases: Dimensions :

Port of Destination:

Note: Marking shall be bold-minimum letter height 5 cms. For every order and every shipment, packages, must be marked with serial progressive numbering. All packages will bear warning signs on the outside denoting the centre of gravity and sling marks. Packages that require special handling and transport should have their centres of gravity and points at which they may be gripped clearly indicated and marked “Attention Special Load Handle with Care” in English Language. Any other direction for handling shall also be clearly indicated on the package.

Top-heavy containers will be so marked either Top Heavy or Heavy Ends.

When packing material is clean and light coloured, a dark black stencil paint shall be acceptable. However, where packaging material is soiled or dark, a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings.

In case of large equipments like vessels, heat exchangers, etc. documents contained in the envelope shall be fastened inside a shell connection with an identifying arrow sign ̀ documents’ applied with indelible paint.

13. SHIPMENT AND SHIPMENT NOTICES

The Vendor shall make shipment only after prior approval of Inspectors whenever specifically mentioned. As soon as any shipment is made, the foreign supplier shall send advance information by way of Fax/Telex message to BPCL, Noida, giving particulars of the shipments, vessels, name, port of shipment, bill of lading number and date, total FOB and freight value with confirmation copies by post to CONSULTANT, New Delhi.

14. SHIPPING 14.1 All shipment of materials shall be made by First Class direct vessels, through the shipping

coordination Committee as per procedure detailed hereunder. The Foreign Supplier shall arrange with vessels Owners or Forwarding Agents for proper storage of the entire cargo intended for the project in a specific manner so as to facilitate and to avoid any over-carriage at the port of discharge. All shipment shall be under deck unless carriage on deck is unavoidable.

The bills of lading should be made out in favour of Bharat Petroleum Corporation Ltd., or order

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and the notify column should indicate name of M/s. Bharat Petroleum Corporation Ltd., Mumbai -Manmad- Manglya- Piyala- Bijwasan( Delhi) Pipeline Project

All columns in the body of the bill of lading namely marks and Nos. material description, weight particulars, etc. should be filled in accurately and such statement should be uniform in all the shipping documents. The freight particulars should mention the basis of freight tonnage, heavy lift charges, if any, surcharge, discount, etc. clearly and separately and the net total freight payable shown at the bottom.

14.2 SHIPPING DOCUMENTS

All documents viz. bill of lading, invoices, packing list freight memos, country of origin certificates, Test Certificates, drawings and catalogues should be in English language.

In addition of the bill of lading which should be obtained in 3 stamped original plus as many copies as required, invoices packing lists, freight memos (if the freight particulars are not shown in the bills of lading), country of origin certificates, test/ composition certificate, shall be made out against each shipment in as many number of copies as shown below. The bill of lading, invoice and packing list specifically must show uniformly, the marks and numbers, contents case-wise country of origin, consignees name, port of destination and all other particulars as indicated under Clause 12. The invoice must show the unit rates and net total FOB prices. Items packed separately should also be invoiced and the value shown accordingly. Packing list must show apart from other particulars actual contents in each case, net and gross weights and dimensions, and the total number of packages. All documents should be duly signed by the vendor’s authorised representatives.

Shipping Arrangements shall be made by the Shipping coordination committee, Ministry of Shipping and transport, New Delhi (cable: TRANSCHART, New Delhi, Telex: Vahan-ND 2312) through their respective forwarding agents, of consignments . Supplier shall furnish to the respective agents the full details of consignment such as outside dimensions, weights (both gross and net), No. of packages, technical description and drawings, name of the supplier, ports of loading, etc and also laise with the shipping agent for shipment of the consignment . Six weeks notice shall be given by the supplier to enable the concerned agency to arrange the shipping space in Indian flag vessels or UK/India-Pakistan Conference Liner UK India Bangladesh Pakistan Conference Vessels as the case may be.

The bill of lading shall indicate the following :

Shipper : Government of India Consignee : GM (PIPELINE PROJECT)

Bharat Petroleum Corporation Limited LPG Transfer Pipeline from BPCR/HPCR to Uran A-5&6 , sector-1 , NOIDA (U.P) , Pin-201 301 , INDIA

Fax No: 091-120-2474368

In case of supplies from USA, Export Licence, if any, required from the American Authorities shall be obtained by the US Suppliers. If need be, assistance for obtaining such export licences would be available from India supply Mission at Washington.

14.3 TRANSMISSION OF SHIPPING DOCUMENTS

Foreign supplier shall obtain the shipping documents in eleven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made, and airmail as shown below so that they are received at least three weeks before the vessel’s arrival. Foreign supplier shall be fully responsible for any delay and/or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents. If in terms of letter or otherwise, the complete original set of documents are required to be sent to BPCL throughout bank, the distribution indicated below will continue to copies of documents only minus originals.

Documents BPCL CONSULTANT

New Delhi Bill of lading 4 (include. 1 orig.) 4 (include. 2 orig.)

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Invoice 4 4 Packing List 4 4 Freight Memo 4 4 Country of Origin 4 2 Certificate Drawing 4 2 Catalogue 4 2 Invoice of Third 4 2 Party/Inspection Agency for Inspection Charges, wherever applicable.

15. MARINE-CUM-ERECTION INSURANCE

Insurance as above shall be covered under the Owner’s policy. However, the vendor shall ensure that in effecting shipments clear bills of lading are obtained and the carrier’s responsibility is fully retained on the Carriers so that the consignee’s interests are fully secured and are in no way jeopardised. Name and address of insurance company:

Tel. No. : Fax No. :

A copy of information as per Clause 13 shall also be forwarded to Insurance Company.

16. RESPECT FOR DELIVERY DATES.

Time of delivery mentioned in the Purchase Order shall be the essence of the Agreement and no variation shall be permitted except with prior authorisation in writing from the Owner. Goods should be delivered securely packed and in good order and condition at the place and within the time specified in the Purchase Order for their delivery. By time of delivery, is meant the date on the Bill of Lading at FOB Port of despatch.

17. DELAYED DELIVERY

The time and date of delivery of materials equipment as stipulated in the Purchase Order shall be deemed to be the essence of the Agreement. For any delay in delivery of equipment materials or part thereof beyond the delivery date stipulated. The vendor shall be liable to pay compensation at 0.5% per week or part thereof the FOB port of embarkation value of the delayed items of equipment subject to a maximum of 10% of the total FOB value. The Owner reserves the right of canceling the Purchase Order for any delay exceeding the period of maximum compensation and the Vendor shall be liable to all consequences thereof. If the delay in delivery is due to force majeure, the Owner shall be free to act in terms under Clause 18 of this text. Vendor shall furnish bank guarantee for 10% of FOB value towards delayed delivery.

18. DELAYS DUE TO FORCE MAJEURE

In the event of causes of Force Majeure occurring within the agreed delivery terms, the delivery dates can be extended by the Owner on receipt of application from the vendor without imposition of penalty. Only those causes which depend on natural calamities, civil wars and national strikes which have a duration of more than seven consecutive calendar days are considered the causes of force majeure. The decision of Owner shall be final and binding on Vendor.

The Vendor must advise the Owner by a registered letter duly certified by a local Chamber of Commerce or statutory authorities, the beginning and the end of the delay immediately, but in no case later than within 10 days of the beginning and end of such cause of Force Majeure condition as defined above.

19. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT

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In case the testing and inspection at any stage of Inspectors reveal that the equipment, material and workmanship do not comply with the specification and requirements, the same shall be removed by the Vendor at his/its own expense and risk within the time allowed by the Owner. The Owner shall be at liberty to dispose of such rejected goods in such a manner as he may think appropriate, in the event the Vendor fails to remove the rejected goods within the period as aforesaid. All expenses incurred by the Owner for such disposal shall be to the account of the Vendor. The freight paid by the Owner, if any, on the inward journey of the rejected materials shall be reimbursed by the Vendor to the Owner before the rejected materials are removed by the Vendor.

The Vendor will have to proceed with the replacement of that equipment without claiming any extra payment if so required by the Owner. Extension in delivery period will not be allowed on this account.

20. PRICE

Unless otherwise agreed to in the terms of the Purchase Order, the price shall be firm and not subject to escalation for any reason whatsoever even though it might be necessary for the order execution to take longer than the delivery period specified in the order.

21. TERMS OF PAYMENT 100% payment will be made by the Owner against an irrevocable letter of credit against

submission of despatch documents. The letter of credit shall be established after Seller furnishes a performance Bank Guarantee of 10% of order value along with the Purchase Order Acceptance. The Seller shall furnish, for release of payment, following documents to the Purchaser, through the Purchaser’s Bankers.

a) Negotiable bill of lading or Airway Bill as the case may be, evidencing shipment. b) Invoice for the shipment : Four copies. c) Certificate of country of origin : Two copies. d) Packing list : Four copies.

e) Inspection Release Note from EIL in 4 copies. f) Certificate of Quality including works certificate/certificate of chemical analysis, where applicable : Two copies g) Certificate from Seller that, in case of delay in delivery, price reduction for the

same has been applied in the invoice submitted for payment.

Payment will be made by the Owner against an irrevocable letter of credit against submission of despatch documents.

22. PART ORDER/REPEAT ORDER

Vendor hereby agrees to accept part order at Owner’s option without any limitation whatsoever and also accept repeat order(s) during a period of one year from the date of original purchase order on same unit prices, terms and conditions. All lumpsum charges, if any, shall be pro-rata on value basis on acceptance of part order.

23. RECOVERY OF SUMS DUE

Whenever any claim against the Vendor for payment of a sum of money arises out of or under the contract, the Owner shall be entitled to recover such sums from any sum than due or when at any time thereafter may become due from the Vendor under this or any other contract with the Owner and should this sum be not sufficient to cover the recoverable amount, the Vendor shall pay to the Owner on demand the balance remaining due.

24. MODIFICATIONS

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The Owner shall have the right to make technical changes or modification in the technical document/specifications comprised in the Purchase Order. The Vendor shall comply with such a written request or make alternative suggestion. Any such changes or modifications shall be at the cost, if any, of the Owner. As soon as possible after receipt of the written request for changes, the vendor shall furnish in writing to the Owner, as estimate of cost for the changes and modifications effect on the FOB delivery date. On receipt of Owner’s written authorisation, the Vendor shall promptly proceed with the changes/modifications.

25. CANCELLATION

The Owner reserves the right to cancel this Purchase Order or any part thereof and shall be entitled to rescind the contract wholly or in part in a written notice to the Vendor if :

i) The Vendor fails to comply with the terms of this Purchase Order

ii) The Vendor fails to deliver goods on time and/or replace the rejected goods promptly.

iii) The Vendor becomes bankrupt or goes into liquidation. iv) The Vendor makes a general assignment for the benefit of creditors; and

v) A receiver is appointed for any of the property owned by the Vendor.

Upon receipt of the said cancellation notice, the Vendor shall discontinue all work on the Purchase Order and matters connected with it.

The Owner in that event will be entitled to procure the requirement in the open market and recover excess payment over the Vendor’s agreed price, if any, from the Vendor reserving to itself the right to forfeit the security deposit, if any, placed by the Vendor against the contract.

26. PATENTS AND ROYALTIES

On acceptance of this order, the vendor will be deemed to have entirely indemnified the Owner’s representatives from any legal action or claims regarding compensation for breach of patent rights which the Vendor deems necessary to comply for manufacturing the ordered equipment and/or materials or which can in any way be connected in the manufacture.

27. PERFORMANCE GUARANTEE

The Vendor shall guarantee that any and all materials used in execution of the Purchase Order shall be in strict compliance with characteristics, requirements and specifications and that the same shall be free from any defects. Checking of the Vendor’s drawings by the Owner/Owner’s representatives and their approval and permission to ship or despatch the equipment and materials granted by Inspectors shall not relieve the vendor from any part of his/its responsibilities for proper fulfillment of the requirements. The Vendor will guarantee that all materials and equipments shall be repaired or replaced as the case may be at site, at its own expense, in case the same have been found to be defective in respect of material, workmanship or smooth and rated operation within a period of twelve months after the same have been commissioned or 24 months from despatch whichever is earlier.

The guarantee period for the part that may be altered, repaired or replaced shall be 18 months as from the date on which the same is commissioned.

Acceptance by the Owner or its Inspectors of any equipment and materials or its replacement will not relieve the Vendor of its responsibility of supplying the equipment/materials strictly according to the specification and according to the guarantee agreed by the Vendor. The Vendor shall furnish a Bank Guarantee along with the order acceptance for the amount equivalent to 10% of the FOB value of equipment/materials to support Vendor’s performance (as proforma hereunder). This Bank Guarantee shall remain in force up to 6 months from the last date of guarantee period. It will be the responsibility of the Vendor to keep the Bank Guarantee fully subscribed. Any shortfall in the value of the Bank Guarantee as a result of encashment by the Owner either in full or in part in terms of the Performance Guarantee shall be made good by the Vendor within one week thereof.

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28. NON-WAIVER

Failure of the Owner/Owner’s representatives to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay in exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach, or the acceptance of payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed waiver of any right of the Owner or Owner’s representatives to insist upon the strict performance thereof or any of his or their rights or remedies as to any such goods regardless of when goods are shipped received or accepted nor shall any purported oral modification or revision of the order by Owner/Owner’s representative act as waiver of the terms hereof.

29. NON ASSIGNMENT

The Purchase Order shall not be assigned to any other agency by the Vendor without obtaining prior written consent of the Owner.

30. VENDOR’S DRAWINGS AND DATA REQUIREMENT

The Vendor shall submit drawings data and documentation in accordance with but not limited to what is specified in the bid document and/or in vendor’s drawings and data form attached to the Purchase Order and as called for in Clause 8, viz. ̀ Expediting’ above. The types, quantities and time limits of submitting this must be respected in its entirely failing which the Purchase Order shall not be deemed to have been executed for all purposes including settlement of payment since the said submission is an integral part of Purchase Order execution.

31. TECHNICAL INFORMATION

Drawings, specifications and details shall be the property of the Owner and shall be returned by the Vendor on/and demand. The Vendor shall not make use of drawings and specifications for any purpose at any time save and except for the purpose of the Owner. The Vendor shall not disclose the technical information furnished to or gained by the Vendor under or by virtue of or as a result of the implementation of this Purchase Order to any person, firm or body or Corporate Authority and shall make all endeavours to ensure that the technical information is kept CONFIDENTIAL. The technical information imparted and supplied to the Vendor by the Owner shall at all times remain the absolute property of the Owner.

32. SERVICES OF VENDOR’S PERSONNEL

Upon two weeks advance notice, the Vendor shall depute the necessary personnel to India for supervision of erection and start up of the equipment and train a few of the Owner’s personnel for the operation and maintenance of the equipment if required by the Owner. The terms and conditions for the services of the Vendor’s personnel shall be indicated in the quotation itself.

33. HEADINGS

The headings of the conditions hereof shall not affect construction thereof. 34. ARBITRATION

All disputes or difference whatsoever which shall at any time arise between the parties hereto touching or concerning the works or the execution or maintenance thereof under this Contract or the right touching or concerning the works or the execution or maintenance thereof under this Contract or the execution or the maintenance effect thereof or to the rights or liabilities of the parties or arising out of or in relation thereto whether during or after completion of the contract or whether before or after determination foreclosure or breach of the Contract (other than those in respect of which the decision of any person is

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by the Contract expressed to be final and binding) shall after written notice by either party to the Contract to the other of them and to the Appointing Authority be referred for adjudication, to a sole Arbitrator to be appointed as hereinafter provided. a. Any dispute or difference of any nature whatsoever any claim, cross-claim,

counter-claim or set off of the Corporation against the Vendor or regarding any right, liability, act, omission or account of any of the parties hereto arising out of or in relation to this agreement shall be referred to the Sole Arbitration of the Director (Marketing) of the Corporation or of some officer of the Corporation who may be nominated by the Director (Marketing). The Vendor will not be entitled to raise any objection to any such Arbitrator on the ground that the Arbitrator is an Officer of the Corporation or that he has dealt with the matters to which the contract relates or that in the course of his duties as an Officer of the Corporation he had expressed views on all or any other matters in dispute or difference. In the event of the Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, the Director (Marketing) as aforesaid at the time of such transfer, vacation of office or inability to act may in the discretion of the Director (Marketing) designate another person to act as Arbitrator in accordance with the terms of the agreement to the end and intent that the original Arbitrator shall be entitled to continue the arbitration proceedings notwithstanding his transfer or vacation of office as an Officer of the Corporation if the Director (Marketing) does not designate another person to act as arbitrator on such transfer, vacation of office or inability of original arbitrator. Such persons shall be entitled to proceed with the reference from the point at which it was left by his predecessor. It is also a term of this contract that no person other than the Director (Marketing) or a person nominated by such Director (Marketing) of the Corporation as aforesaid shall act as Arbitrator hereunder. The award of the Arbitrator so appointed shall be final conclusive and binding on all parties to the agreement subject to the provisions of the Conciliation & Arbitration Act, 1996 or any statutory modification or re-enactment thereof and the rules made thereunder for the time being in force shall apply to the arbitration proceedings under this clause.

b. The award shall be made in writing and published by the Arbitrator within two

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

c. The Arbitrator shall have power to order either of the parties to abide by observe

and perform all such directions as the Arbitrator may think fit having regard to the matters in difference i.e. dispute before him. The Arbitrator shall have all summary powers and may take such evidence oral and/or documentary, as the Arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Conciliation & Arbitration Act, 1996 including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him.

d. The parties against whom the arbitration proceedings have been initiated, that is to

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say, the Respondents in the proceeding, shall be entitled to prefer a cross-claim or set off before the Arbitrator in respect of any matter an issue arising out of or in relation to the Agreement without seeking a formal reference of arbitration to the Director (Marketing) for such counter-claim, cross-claim or set off and the Arbitrator shall be entitled to consider and deal with the same as if the matters arising there from has been referred to him originally and deemed to form part of the reference made by the Director (Marketing).

e. The Arbitrator shall be at liberty to appoint, if necessary any accountant or

engineering or other technical person to assist him, and to act by the opinion so taken.

f. The Arbitrator shall have to make one or more awards whether interim or

otherwise in respect of the dispute and difference and in particular will be entitled to make separate awards in respect of claims or cross-claims of the parties.

g. The Arbitrator shall be entitled to direct any one of the parties to pay the costs of

the other party in such manner and to such extent as the Arbitrator may in his discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportion to meet the Arbitrators expenses whenever called upon to do so.

h. The parties hereby agree that the courts in the city of New Delhi alone shall have

jurisdiction to entertain any application or other proceedings in respect of anything arising under the agreement and any award or awards made by the Sole Arbitrator hereunder shall be filed in the concerned courts in the city of New Delhi only.

35. JURISDICTION

The contract shall be governed by and constructed according to the laws in force in INDIA. The contractor hereby submits to the jurisdiction of the Courts situated at New Delhi for the purpose of actions and proceedings arising out of the contract and the courts at New Delhi only will have the jurisdiction to hear and decide such actions and proceedings.

36. ADDRESSES GM (PIPELINE PROJECT) Bharat Petroleum Corporation Limited

LPG TRANSFER PIPELINE FROM BPCR/HPCR TO URAN A-5&6, sector-1, NOIDA (U.P) , Pin-201 301 , INDIA Fax No: 091-120 -2474368 Note: Performance Bank Guarantee shall be mailed to address as given at Clause 36 A

above. *******************************

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BPCL Job: A037

SPECIAL INSTRUCTIONS TO BIDDERS Client: BHARAT PETROLEUM CORPORATION LTD.

Project: LPG TRANSFER PIPELINE FROM BPCR & HPCR TO URAN BOTTLING PLANT PROJECT 1.0 PAYMENT TERMS (INDIGENOUS):

In case of Indian suppliers, following payment terms shall be applicable. 1.1 Where the Material Requisition is only for supply of materials and there is no Supplier Data

Requirement specified in MR 1.1.1 90% payment within 10-15 days against despatch documents directly submitted to BPCL. 1.1.2 10% payment within 30 days after receipt and acceptance of materials at site. 1.2 Where the Material Requisition calls for Supplier drawings/Technical Documentation. 1.2.1 85% payment within 10-15 days against despatch documents directly submitted to BPCL. 1.2.2 15% payment within 30 days of receipt and acceptance of materials at site including receipt of all

documents as per Vendor Data Requirement specified in Purchase Requisition. 1.3 Where supply of materials and erection or site work are in the scope of supplier and package items. 1.3.1 Supply 1.3.1.1 85% payment within 10-15 days against despatch documents directly submitted to BPCL. 1.3.1.2 15% within 30 days of handing over the successfully commissioned equipment to BPCL at site including

receipt of all documents as per Vendor Data Requirement specified in Purchase Requisition. Wherever, commissioning is not in the Supplier’s scope, the payment will be released after successful erection, testing and handing over of the equipment.

1.3.2 Transport charges

100% pro-rata within 30 days after receipt of materials at site. 1.3.3 Erection/ Site work 1.3.3.1 85% pro-rata against monthly running bills, duly certified by EIL. 1.3.3.2 Balance 15% within 30 days after final handing over the successfully commissioned equipment to BPCL at

site. Wherever, commissioning is not in the Supplier’s scope, the payment will be released after successful erection and handing over of the equipment.

2.0 In case of foreign suppliers, the following payment terms shall be applicable. 2.1 Where the Material Requisition is only for supply of materials

100% of order value shall be paid through an irrevocable letter of credit against submission of Shipping Documents including all documents as per Vendor Data Requirement specified in Purchase Requisition. The letter of credit shall be established only after receipt of unconditional & signed copy of Fax of Acceptance (FOA) as a token of acknowledgement and submission of Contract Performance bank guarantee as per GPC for 10% of the total order value valid till expiry of guarantee period plus six months.

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2.2 Where the Material Requisition calls for supply of material and erection or site work are in the scope

of supplier and package items SUPPLY 85% of FOB order value shall be paid through an irrevocable letter of credit against submission of Shipping Documents including all documents as per Vendor Data Requirement specified in Purchase Requisition. The letter of credit shall be established only after receipt of unconditional & signed copy of Fax of Acceptance (FOA) as a token of acknowledgement and submission of Contract Performance bank guarantee as per GPC for 10% of the total order value (supply plus site work) valid till expiry of guarantee period plus six months. 15% of FOB order value through direct wire transfer through banking channels after handing over the successfully commissioned equipment to BPCL at site and submission of certificate for completion of activity by BPCL site. Wherever, commissioning is not in the Supplier’s scope, the payment will be released after successful erection, testing and handing over of the equipment. SITE WORK 100% of amount payable through direct wire transfer through banking channels after handing over the successfully commissioned equipment to BPCL at site, against submission of certificate for completion of activity by BPCL /EIL site. Wherever, commissioning is not in the Supplier’s scope, the payment will be released after successful erection, testing and handing over of the equipment.

3.0 Payment of per diem charges for supervision of Erection and Commissioning 100% of invoice amount shall be paid on completion of services against submission of Invoice, time sheet certified by Site In Charge.

4.0 EVALUATION CRITERIA FOR COMPARISION OF BID 4.1 Where only Indian Bids are under comparison

• Bids shall be evaluated on the basis of landed cost at Site including all duties, taxes and transportation charges.

• Cost of mandatory spares if identified in the Material Requisition, commissioning spares and

special tools & tackles will be included for price evaluation of bids, but costs of Spares for two years operation shall be excluded.

• Commercial loading shall be included for evaluation of bids.

• Wherever supervision of erection & commissioning is required as per MR, per-diem rate quoted by

the bidder shall be considered for evaluation. The number of man days as specified in the MR / RFQ Documents shall be considered for evaluation.

4.2 Where only Foreign Bids are under comparison

• Bids shall be evaluated on CFR basis considering sea freight as under:

Mainline/ Booster Pumps and Linepipe cases: As quoted by bidders All other cases : Europe / Japan / UK / Asia : 6% of FOB price Australia / American Continent : 9% of FOB price

• Cost of mandatory spares identified in the Material Requisition, Commissioning Spares and special tools & tackles will be included for evaluation of bids, but costs of Spares for two years operation shall be excluded.

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• Commercial loading shall be included for evaluation of bids. • Wherever supervision of erection & commissioning is required as per MR, per-diem rate quoted by


4.3 Where Indian as well as Foreign Bids are under comparison

Domestic Bidders:

• Bids shall be evaluated on the basis of landed cost at Site including all duties, taxes and transportation charges.




• Wherever supervision of erection & commissioning is required as per MR, per-diem rate quoted by


Foreign Bidders:

• Bids shall be evaluated on the basis of landed cost at Site including all duties, taxes and transportation charges as under :

i) F.O.B. price quoted by the bidder (including stowage charges in case of line pipes) ii) Ocean freight as under:

Mainline/ Booster Pumps and Linepipe cases: As quoted by bidders All other cases:

Europe / Japan / UK / Asia : 6% of FOB price Australia / American Continent : 9% of FOB price

iii) Marine insurance @1% of FOB price iv) Landing Charges including Port handling charges @ 1% of CIF Value v) Customs Clearance charges @ 1% of CIF Value vi) Prevailing rate of Customs duty (Merit Rate or Project Rate**) on (CIF Value + Landing charges)

including CVD, Ed. Cess & Additional CVD/SAD. vii) Inland freight charges from Mumbai port(India) to project site(s) @1% of landed cost, i.e, sl.no.(i)

to (vi) viii) L/C Charges @ 0.75 % of FOB Price. ix) Octroi @ 4.5% on assessable value of goods duly cleared by Customs Authority at Mumbai Port i.e

Sl. No. (i) to (vi)

** For the purpose of evaluation BPCL/EIL may consider either merit rate or project rate of custom duty, which shall be informed to qualified /acceptable bidders prior to opening of priced bids.




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• Wherever supervision of erection & commissioning is required as per MR, per-diem rate quoted by the bidder shall be considered for evaluation. The number of man days as specified in the MR / RFQ Documents shall be considered for evaluation.

4.4 Any charges towards specific testing, training, tools & tackles etc. quoted extra as per the MR requirement

shall be considered for evaluation. 4.5 In case a foreign bidder has not quoted or not included stowage charges, the same shall be loaded @ 10%

of bidder’s quoted Ocean Freight. 4.6 As per the existing Taxation policy, BPCL may not claim cenvat benefits on excise duty, CVD as well as the

cess applicable and accordingly excise duty / CVD /CESS shall be loaded for price comparison. 4.7 If domestic bidder’s bid is based on certain imported raw materials/ components required for manufacture of

offered goods, such bidder may furnish their prices based on merit rate as well as project rate of customs duty in the two separate price schedules formats.

However, for the purpose of evaluation BPCL/EIL may consider bidder’s quoted prices , either based on the merit rate of customs duty or project rate of custom duty, which shall be informed to qualified /acceptable bidders prior to opening of priced bids.

4.8 As per the existing taxation policy, BPCL shall not issue concessional form “C” for Central Sales Tax or any

concessional form for State Sales Tax. The Sales tax shall be loaded accordingly. 4.9 BPCL may claim credit on service tax quoted by Vendor and therefore cenvat benefit on service tax shall be

considered for commercial loading. Vendor is required to furnish serially numbered and signed invoice/ bill / challan containing the following details:

1. Name, address and registration number of service provider with Service Tax Authority 2. Name and address of person receiving taxable service. 3. Description, classification and value of taxable service provided 4. Service Tax Payable.

4.10 In Maharashtra State BPCL can claim input tax credit on VAT. Hence cenvat benefit on Maharashra VAT

shall be considered for commercial loading. 4.11 Purchase Preference to Central Government Public Sector Undertaking (PSU) shall be as per Instructions

of Government of India in vogue. 4.12 To facilitate evaluation and comparison, the Owner/Consultant will covert all bid prices expressed in the

amounts in various currencies in which the bid price is payable, to single currency and that will be Indian Rupees only at the Bills selling exchange rate published by the State Bank of India on the date of price bid opening.

4.13 In case any Indian Bidder does not quote the octroi charges payable extra for supply of materials to BPCL’s

sites within the Mumbai Municipal Corporation limit, his prices will be loaded with octroi charges @4.5% of assessable value of goods.

4.14 Entry tax from FOT dispatch point to Designated Delivery Point shall be reimbursed by BPCL at actuals

against documentary evidence. 5.0 COMMERCIAL LOADING OF OFFERS IN CASE OF DEVIATIONS 5.1 Basis of Loading The Foreign Bids shall be loaded on FOB Port of Exit prices and the Indian Bids shall be loaded on FOT

Despatch Point prices.

5.2 Payment Terms

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5.2.1 On the request of supplier, BPCL shall release final payment (due after receipt and acceptance of materials) along with dispatch documents subject to supplier providing all documents as per Vendor Data Requirement specified in Purchase Requisition along with dispatch documents. However, in such case, bidder’s prices shall be loaded @ 12 % (simple interest) per annum for a period of one month.

5.2.2 No other milestone payment or advance payment shall be allowed. If a supplier insists for any differential payment term other than specified in para 5.2.1 above including advance payment along with FOA/PO, his offer shall be rejected.

5.3 Contract Performance Bank Guarantee (CPBG):

5.3.1 In case a supplier offers to give a CPBG for less than 10% of order value, or for a lesser period than what

is provided in GPC, loading shall be done for the differential amount and/ or the differential period. For differential period/ amount loading, the following example will amplify the methodology (if GPC specifies 10% CPBG for 18 months):

For differential period: 10% for 18 months - No loading 10% for 12 months - 10% x 6/18 = 3.3% 10% for 6 months - 10% x 12/18 = 6.7% No PBG - 10 %

In case of Differential Amount Amount Offered by Bidder Loading a) 10% Nil b) Less than 10% Differential between the

offered percentage and 10%

5.4 Delayed Deliveries (considering GPC clause of 0.5% delayed ~ 10% total) 5.4.1 In case a supplier does not accept the delayed delivery clause or takes exception to the percentage rate

mentioned in GPC, loading shall be done to the maximum of 10% or any differential percentage not agreed by the supplier.

5.4.2 In case supplier takes an exception that price reduction in case of delayed delivery should be restricted to

10% of delayed portion only and not an total order value, then price loading @ 5 % shall be done. 5.4.3 In case supplier insists for liquidated damages or indicates penalty clause in place of Price Reduction

Clause, the supplier shall be loaded by 10%.

5.5 Price variation : 5.5.1 All efforts will be made to ensure that supplies quote firm & fixed prices. However, where a Vendor insists

on Price Variation clause in spite of persuasion, the same shall be evaluated as under: 5.5.1.1 In case Supplier quotes variable price and indicates the price variation formula and a ceiling, then prices will

be loaded with the ceiling so indicated by the supplier. 5.5.1.2 Bids with Price Variation Clause (PVC) but without price variation formula and/or without any ceiling shall

be rejected and such price bids shall not be opened.

5.5.2 In cases, where price variation clause is specified in the enquiry , suppliers quoting firm prices shall be considered at par with other suppliers and shall not be given any advantage in price evaluation.

5.6 Freight charges:

5.6.1 If a supplier does not quote freight charges then his bid will be loaded with maximum freight charges as

quoted by the other bidders.

Page 6 of 9

5.7 Any differential in taxes and duties will be cost loaded on case to case basis. However, if a supplier states that taxes/duties are not applicable at present and will be charged as applicable at the time of delivery then his bid shall be loaded by the maximum rate of taxes/duties applicable.

5.8 Cost loading in respect of utilities etc. will be considered as per respective MR stipulation. 5.9 Delivery

Delivery longer than required in enquiry shall be loaded @1/2% per week upto a maximum of four weeks. In case a supplier quotes delivery longer than four weeks from the required delivery, the bid shall be rejected. One month shall be construed as equal to four weeks for the purpose of such evaluation.

6.0 Rejection Criteria 6.1 Bids shall be considered non responsive and rejected, if bidder stipulates / retains deviations to under

mentioned provisions of Bid Document:

i) Request for Advance payment ii) Period of validity of bids shorter than specified. iii) Price Variation without ceiling and/or without formula or formula without ceiling. iv) Price change / implication when there is no change in scope of work and terms & conditions. v) Failure to accept the Integrity pact.

7.0 FOREIGN EXCHANAGE RATE VARIATION / CUSTOM DUTY VARIATION FOR INDIAN BIDDERS (ON BUILT-IN IMPORT CONTENT):

7.1 Prices shall remain firm and fixed without any escalation except for statutory variation in Basic customs duty

(Merit Rate or Project Rate). The prices shall be firm and fixed on account of FE variation also. 7.2 The statutory variation in customs duty shall be subject to the following

guidelines and the supplier shall be asked to confirm the following in their bid:

(a) Maximum CIF value of import content shall be furnished in the bid.

(b) The material to be imported covering the above CIF value to be indicated in the bid.

(c) Any statutory variation in the rate of customs duty on the date of actual imports on the actual CIF value of import content, but subject to maximum of such duty payable on quoted CIF value, shall be to BPCL’s account. However, any increase in the rate of customs duty, on the import content quoted by supplier, beyond the 2/3rd of delivery/completion period shall be to Supplier’s account and any decrease in the customs duty shall be passed on to BPCL. At the time of actual import clearance, any upward variation in the customs duty due to wrong customs tariff / classification no. and / or due to wrong rate of customs duty as considered and specified by the Supplier, shall be absorbed by the Supplier, whereas any downward variation on account of same shall be passed on to the BPCL.

In the event imported raw materials / component’s procurement is delayed beyond 2/3 of completion period, customs duty rate(s) prevailing on the last day of such period, or actual, whichever is lower, shall be taken as the base for payment of variation on these accounts.

(d) No variation in CVD shall be payable by BPCL on raw material consumed by the bidder. It is the responsibility of Supplier to take into consideration the applicable rates of customs duty, CVD, SAD (additional CVD) etc. and indicate rates considered alongwith the customs classification. However, in case, where the bidder is required to send the Equipment directly to site, statutory variations on imports shall be allowed upto total contractual delivery / completion period.

(e) Bidder may quote firm prices on account of Custom Duty variation, where no variation in Custom Duty shall be payable to the bidder by the BPCL.

Page 7 of 9

(f) Variation in price due to customs duty rate variation will be dealt with separately after receipt of materials at site against documentary evidence.

8.0 WORKS CONTRACTS TAX / SPLITTING OF ORDERS: 8.1 Wherever site work is involved, suppliers will be asked to quote their prices inclusive of works contracts tax

as applicable and BPCL shall not have any liability including statutory variation, if any. 8.2 Order for supply and site work shall not be split and only single order covering the entire scope of work on

each supplier shall be placed. 9.0 ENTRY TAX:

Entry tax from FOT dispatch point to Designated Delivery Point shall be reimbursed by BPCL at actuals against documentary evidence.

10.0 SUO-MOTO CHANGES IN PRICES: 10.1 Any Suo-moto reduction in price offered by a supplier within the bid validity by way of discount or revised

prices subsequent to the bid due date and which is not as a result of any change in scope of supply or terms and conditions, shall not be taken into account for comparison. However, such reduction in price shall be taken into account for ordering if such supplier happens to be the recommended supplier as per the originally quoted prices. .

10.2 However, in the event of any suo-moto price increase sought by a supplier subsequent to the bid due date

and which is not as a result of any change in scope of supply or terms and conditions, the bid of such a supplier shall be rejected for the items in which such suo-moto increase is effected.

10.3.1 Any wrong interpretation of taxes & duties or any taxes & duties not specified in the offer shall be borne

by Bidder.

11.0 PRICE IMPLICATION NOT PERMITTED:

Price implications on account of tech-commercial clarifications shall not be permitted as long as BPCL/EIL does not change the specifications / scope spelt out in the RFQ.

12.0 INTEGRITY PACT:

All tenders of value exceeding Rs. 1 (one) Crore shall comply with the requirements of the Integrity pact (IP) and Integrity Pact shall be incorporated in the RFQ document advising bidders to accept the Integrity Pact & submit the same duly signed & stamped along with their bid. Failure to sign the Integrity Pact shall lead to outright rejection of Bid.

13.0 REQUIREMENT OF PAN NO. OF FOREIGN BIDDERS (APPLICABLE FOR MR INVOLVING SUPERVISION OR SITE WORK):

“PAN No. for Foreign Bidders: Bidders whose receipt are subject to tax deduction at source shall furnish PAN no. If Bidder does not furnish PAN no., the Owner will deduct tax at source at higher of the following rates: a) Withholding tax as applicable under the Income Tax Act. b) At the rate of 20%”.

14.0 ROAD PERMITS:

Road permits if required shall be arranged by BPCL. 15.0 DELIVERY LOCATIONS: 15.1 Materials/Equipment to be installed/ used at BPCL & HPCL Refinery Despatch Terminals as per MR

shall be delivered at company’s store at BPCL Refinery.

Page 8 of 9

15.2 Materials/Equipment to be installed/ used at Uran Receipt Terminal as per MR shall be delivered at company’s store at URAN LPG Plant.

16.0 EMPLOYMENT VISA FOR FOREIGN NATIONALS:

All foreign nationals coming to India for execution of Projects/Contracts will have to apply for Employment Visa only and that grant of Employment Visa would be subject to strict adherence of following norms:

i) Employment Visa is granted only for the skilled and qualified professionals or to a person who is being engaged or appointed by a Company, Organisation, Industry or Undertaking etc., in India or contract or employment basis at a senior level skilled position such as technical expert, senior executive or in managerial position etc.

ii) Request for Employment Visa for jobs for which large number of qualified Indians are available is not

considered. iii) Under no circumstances an Employment Visa is granted for routine, ordinary secretarial/clerical jobs.

Bidders are advised in their own interest to check latest Visa rules from Indian Embassy/High Commission in their country in case foreign nationals are required to be deputed to Indian during executive of the Contract.

GENERAL INSTRUCTIONS:

1. PLEASE QUOTE FOR THOSE ITEMS ONLY (SIZE RATING MATERIALS), FOR WHICH YOU ARE REGISTERED WITH EIL. IF YOU QUOTE FOR ITEMS BEYOND APPROVED RANGE, SAME WILL NOT BE CONSIDERED.

2. Instructions for Ensuring Quality in supply of Equipment & Materials.

a) No supply to be made unless drawings (wherever required) are approved under Code-1 either

by EIL or BPCL. b) For all supplies Quality Assurance Plan (QAP) must be approved by EIL or BPCL. c) Third party / EIL Inspection release note shall clearly stipulate that material / equipment has

been inspected as per Code-1 approved drawings and approved QAP. d) No clearance shall be given to the Contractor for erection work / installation of the equipment without receipt of third party / EIL inspection release note. e) Pre –commissioning / commissioning of plant / equipment shall be undertaken only after

complete satisfaction / verification of supplies as per final approved drawing (code-1) and QAP.

3. Please ensure your offer contains following:

3.1 UNPRICED OFFER

A. All technical specifications as per requirement of MR. B. Agreed Terms & Conditions duly filled in. C. Copy of Registration with EIL D. Copy of MOU / MOM, if any, signed with EIL and referred in offer. E. Deviation sheet, if any. F. Price Schedule with prices blanked out but “Quoted / Not Quoted” to be mentioned. G. Integrity Pact duly filled, signed & stamped (if specified in RFQ).

3.2 PRICED OFFER

A. Price Schedule with prices filled in. B. Statement that all specifications and terms & conditions are as per unpriced copy of offer.

VENDOR’S SIGNATURE

Page 9 of 9

DATE SEAL / STAMP

Dated 02‐06‐2014 Page 1

Annexure – 1

E-TENDERING METHODOLOGY

Instructions for Online Bid Submission: The bidders are required to submit soft copies of their bids electronically on the CPP Portal (URL: http://eprocure.gov.in) only, using valid Digital Signature Certificates. The instructions given below are meant to assist the bidders in registering on the CPP Portal, prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal.

More detailed information useful for submitting online bids on the CPP Portal may be obtained at:

https://eprocure.gov.in/eprocure/app .

REGISTRATION

1) Bidders are required to enroll on the e-Procurement module of the Central Public Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the link “Click here to Enroll” on the CPP Portal is free of charge.

2) As part of the enrolment process, the bidders will be required to choose a unique username and assign a password for their accounts.

3) Bidders are advised to register their valid email address and mobile numbers as part of the registration process and submit in EIL tender portal for updation of records (http://tenders.eil.co.in) . These details would be used for any communication from the CPP Portal.

4) Upon enrolment, the bidders will be required to register their valid Digital Signature Certificate (DSC) (Class II or Class III Certificates with signing key usage) issued by any Certifying Authority recognized by CCA India (e.g. Sify / TCS / nCode / eMudhra etc.), with their profile.

5) Foreign Bidders have to refer “DSC details for foreign Bidders” for Digital signature Certificates requirements which comes under Download Tab at https://eprocure.gov.in/eprocure/app and the remaining part is same as above and below.

6) Only one valid DSC should be registered by a bidder. Please note that the bidders are responsible to ensure that they do not lend their DSC’s to others which may lead to misuse.

7) Bidder then logs in to the site through the secured log-in by entering their user ID / password and the password of the DSC / e-Token.

SEARCHING FOR TENDER DOCUMENTS

1) There are various search options built in the CPP Portal, to facilitate bidders to search active tenders by several parameters. These parameters could include Tender ID, organization name, location, date, value, etc. There is also an option of advanced search for tenders, wherein the bidders may combine a number of search parameters such as organization name, form of contract, location, date, other keywords etc. to search for a tender published on the CPP Portal.

2) Once the bidders have selected the tenders they are interested in, the same can be moved to the respective ‘My Tenders’ folder. This would enable the CPP Portal to intimate the bidders through SMS / e-mail in case there is any corrigendum issued to the tender document.

Dated 02‐06‐2014 Page 2

3) The bidder should make a note of the unique Tender ID assigned to each tender, in case they want to obtain any clarification / help from the Helpdesk.

PREPARATION OF BIDS

1) Bidder should take into account any corrigendum published on the tender document before submitting their bids.

2) Please go through the tender advertisement and the tender document carefully to understand the documents required to be submitted as part of the bid. Please note the number of covers in which the bid documents have to be submitted, the number of documents - including the names and content of each of the document that need to be submitted. Any deviations from these may lead to rejection of the bid.

3) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the tender document and generally, they can be in PDF / XLS / RAR / DWF formats. Bid documents may be scanned with 100 dpi with black and white option. However, Price Schedule / SOR shall be strictly in RAR format without altering any contents of the formats uploaded by EIL in their Bidding Document.

4) To avoid the time and effort required in uploading the same set of standard documents which are required to be submitted as a part of every bid, a provision of uploading such standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided to the bidders. Bidders can use “My Space” area available to them to upload such documents. These documents may be directly submitted from the “My Space” area while submitting a bid, and need not be uploaded again and again. This will lead to a reduction in the time required for bid submission process.

SUBMISSION OF BIDS

1) Bidder should log into the site well in advance for bid submission so that he/she upload the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay due to other issues.

2) The bidder has to digitally sign and upload the required bid documents one by one as indicated in the tender document.

3) Bidder has to select the payment option as “offline” to pay the tender fee / EMD as applicable and enter details of the instrument.

4) Bidder should prepare the EMD as per the instructions specified in the tender document. The original should be posted/couriered/given in person to the Tender Processing Section, with in 7 calendar days of the date of Unpriced bid opening. The details of the DD/any other accepted instrument, physically sent, should tally with the details available in the scanned copy and the data entered during bid submission time. Otherwise the uploaded bid will be rejected.

5) A Price Bid format has been provided with the tender document to be filled by all the bidders. Bidders are requested to note that they should necessarily submit their financial bids in the format provided and no other format is acceptable. Bidders are required to download the Price Bid file, open it and complete the cells with their respective financial quotes and other details (such as name of the bidder). No other cells should be changed. Once the details have been completed, the bidder should save it and submit it online, without changing the filename. If the Price Bid file is found to be modified by the bidder, the bid will be rejected.

Dated 02‐06‐2014 Page 3

6) The server time (which is displayed on the bidders’ dashboard) will be considered as the standard time for referencing the deadlines for submission of the bids by the bidders, opening of bids etc. The bidders should follow this time during bid submission.

7) All the documents being submitted by the bidders would be encrypted using PKI encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized persons until the time of bid opening. The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology. Data storage encryption of sensitive fields is done.

8) The uploaded tender documents become readable only after the tender opening by the authorized bid openers.

9) Upon the successful and timely submission of bids, the portal will give a successful bid submission message & a bid summary will be displayed with the bid no. and the date & time of submission of the bid with all other relevant details.

10) The bid summary has to be printed and kept as an acknowledgement of the submission of the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.

RETENDER

1) Please note that if Tender has been retendered, than it is mandatory for the bidder to submit their offer again on CPP Portal.

ASSISTANCE TO BIDDERS

1) Any queries relating to the tender document and the terms and conditions contained therein should be addressed to the Tender Inviting Authority for a tender or the relevant contact person indicated in the tender.

2) Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24x7 CPP Portal Helpdesk. The contact number for the helpdesk is 1800 3070 2232.

Government eProcurement System

D S C f o r F o r e i g n N a t i o n a l s Version 1.0

Procedure for obtaining Digital Signature by Foreign Vendors

This document gives the procedure to be followed by bidders who are resident of countries other

than India for participating in Online Tendering Activity.

As per the IT ACT 2000, all bidders who participate in the online bidding process in this site

should possess a valid Digital Signature issued by any of the Digital Signature Certificate (DSC)

vendors approved by CCA, India (https://cca.gov.in). The following document gives the procedure

that is generally followed by various vendors.

Generally, the documents that are required to be submitted by Foreign Nationals are as follows:

1. Identity Proof (ID Proof) of the person in whose name DSC has to be issued (E.g.

Passport copy)

2. Bank account statement in country of residence, duly attested by Indian Embassy / High

Commission / Consulate / Apostille in the country where the applicant is currently

located. (At least 6 months of Bank transactions) with the proof indicating the account is

owned by the Individual.

3. Copy of the Trade license attested by any one of the authorities as specified in Point 2

above.

4. As the Individual is representing the company, an Authorization on company’s letter head

as given in the form

5. Copy of the Authorization letter or invitation letter from department for the

participation in the tender by any one of the tender inviting authority.

As of now, it is learnt that GNFC, TCS, eMudhra issue DSCs with the above procedure. The

copy of the nCodes, TCS and eMudhra Format is enclosed as Annexure; the Copies of other

vendors will be made available on receipt of information from these vendors.

Note: The Information given by the vendors is attached for facilitating the Foreign Nationals to

procure DSCs from the Indian CA authorized vendors for information purpose only as shared by

the respective CA's.

Please find below the details of various vendors and procedure for obtaining DSC:

GNFC

Tata Consultancy Services

eMudhra

https://cca.gov.in/

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(To be executed on plain paper and applicable for all tenders of value above Rs. 1 crore)

INTEGRITY PACT

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

And ………………………..hereinafter referred to as "The Bidder/Contractor/Supplier"

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

Section 1 - Commitments of the Principal (1) The Principal commits itself to take all measures necessary to prevent

corruption and to observe the following principles:

a) No employee of the Principal, personally or through family members, will in connection with the tender, or the execution of the contract, demand, take a promise for or accept, for himself/herself or third person, any material or immaterial benefit which he/she is not legally entitled to.

b) The Principal will, during the tender process, treat all Bidders with

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

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c) The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees

which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder / Contractor/Supplier (1) The Bidder / Contractor/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 / Contractor/Supplier will not, directly or through any

other person or firm, offer, promise or give to any of the Principal's employees involved in the tender process or the execution of the contract or to any third person, any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange, any advantage of any kind whatsoever during the tender process or during the execution of the contract.

b) The Bidder / Contractor/Supplier will not enter with other Bidders

into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.

c) The Bidder / Contractor/Supplier will not commit any offence under

the relevant Anti-Corruption Laws of India; further the Bidder / Contractor/Supplier will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

d) The Bidder / Contractor/Supplier will, when presenting his bid,

disclose any and all payments he has made, is committed to, or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

(2) The Bidder / Contractor/Supplier will not instigate third persons to commit

offences outlined above or be an accessory to such offences.

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Section 3 - Disqualification from tender process and exclusion from

future contracts If the Bidder, before contract award, has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason. (1) If the Bidder/Contractor/Supplier has committed a transgression through a

violation of Section 2 such as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor/Supplier from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

(2) A transgression is considered to have occurred if the Principal after due

consideration of the available evidences, concludes that no reasonable doubt is possible.

(3) The Bidder accepts and undertakes to respect and uphold the Principal's

absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

(4) If the Bidder / Contractor/Supplier can prove that he has restored /

recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.

Section 4 - Compensation for Damages (1) If the Principal has disqualified the Bidder from the tender process prior to

the award according to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit/Bid Security.

(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 Contractor/Supplier liquidated damages equivalent to Security Deposit / Performance Bank Guarantee.

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(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor/Supplier can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor/Supplier shall compensate the Principal only to the extent of the damage in the amount proved.

Section 5 - Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3

years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be

disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

Section 6 - Equal treatment of all Bidders / Contractors /Suppliers/

Subcontractors (1) The Bidder/Contractor/Supplier undertakes to demand from all

subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this

one with all Bidders, Contractors/Suppliers and Subcontractors. (3) The Principal will disqualify from the tender process all Bidders who do

not sign this Pact or violate its provisions.

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

If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.

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Section 8 - Independent External Monitors (1) The Principal has appointed competent and credible Independent

External Monitors for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the

parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

(3) The Bidder/Contractor/Supplier accepts that the Monitor has the right to

access without restriction to all Project documentation of the Principal including that provided by the Bidder/Contractor/Supplier. The Bidder/Contractor/Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor/Supplier/ Subcontractor with confidentially.

(4) The Principal will provide to the Monitor sufficient information about all

meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder/Contractor/Supplier. The parties offer to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this

agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the Bidder/Contractor/Supplier to present its case before making its recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of

the Principal within 8 to 10 weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations.

(7) If the Monitor has reported to the Chairperson of the Board a

substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

(8) The word 'Monitor' would include both singular and plural.

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Section 9 - Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor/Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal.

Section 10 - Other provisions (1) This agreement is subject to Indian Law. Place of performance and

jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact.

(2) Changes and supplements as well as termination notices need to be

made in writing. Side agreements have not been made. (3) If the Bidder/Contractor/Supplier is a partnership or a consortium, this

agreement must be signed by all partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid,

the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

……………………… …………………………… For the Principal For the Bidder/Contractor/ Supplier Place ……………… Witness 1 : ……………… (Signature/Name/Address) Date ………………. Witness 2 : ……………… (Signature/Name/Address)

ANNEXURE-A

PROVISIONS FOR MICRO AND SMALL ENTERPRISES UNDER (PPP), 2012

i) In Tender, participating Micro and Small Enterprises quoting price within price brand of L1+15% shall also be allowed to supply a portion of requirement by bringing down their prices to L1 price in a situation where L1 price is from someone other than a micro and small enterprises and such micro and small enterprises shall be allowed to supply up to 20% of the total tendered value. In case of more than one such Micro and Small Enterprises, the supply shall be shared proportionately (to tendered quantity). Further, out of above 20%, 4% (20% of 20%) shall be from MSEs owned by SC/ST entrepreneurs. This quota is to be transferred to other MSEs in case of non-availability of MSEs owned by SC/ST entrepreneurs.

ii) The quoted prices against various items shall remain valid in case of splitting of quantities of the items as

above. iii) In case the bidder is a Micro or Small Enterprise registered with Districts Industries Centers or Khadi and

Village Industries Commission or Khadi and Village Industries Board or Coir Board of National Small Industries Corporation or Directorate of Handicraft and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprise: i. Tender shall be issued to MSEs free of cost. ii. MSEs shall be exempted from payment of EMD.

iv) The owner reserves the right to allow Micro & Small enterprises as well as MSEs Owned by SC/ST

entrepreneur, price preference as admissible under the prevailing procurement policy for MSEs. The quantity against the item(s) of MR may be split to enable ordering of 20% quality against the item(s) of MR to MSEs, inline with price preference as admissible under the prevailing procurement policy for MSEs. Accordingly, the quoted prices against various items of MR shall remain valid in case of splitting of quantities of the items in view of the same. However, in case where quantity against a line item cannot be split (i.e. minimum 20% to MSEs) or items with single quantity or in group item, the complete line item/group shall be awarded on MSE bidder within the price range of L1 bidder’s evaluated price+15% subject to their matching L1 bidder’s price. Above preference to MSEs shall not be applicable to MRs where Site work is also included in the scope.

v) MSE bidder shall submit the following:

(i) Documentary evidence that the bidder is a Micro or Small Enterprises registered with District Industries Centres or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or national Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises.

(ii) If the MSE is owned by SC/St Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard.

(iii) The above documents submitted by the bidder shall be duly certified (in original) by a Notary Public or Statutory Auditor of the bidder or a practicing Chartered Accountant (not being an employee or a Director or not having any interest in the bidder’s company/firm) where audited accounts are not mandatory as per law.

If the bidder does not provide the appropriate document or any evidence to substantiate the above, then it will be presumed that he does not qualify for any preference admissible in the Public Procurement Policy, 2012.

vi) For facilitating promotion and development of micro and small enterprises, EIL is committed to promote the procurement of supplies/services from MSEs in Orders/contacts awarded by EIL. Accordingly, bidders are also encouraged to promote the same by considering MSE sub-suppliers/sub-contractors to the extent possible under the Orders/Contracts awarded on them by EIL. After award of work, supplier/contractor shall furnish as statement alongwith copies of orders/FOAs placed by them on their sub-suppliers/sub-contractors who are MSEs, to EIL Project Manager/RCM, as applicable.

vii) Being NSIC registrant, bidder shall not be exempted from submission of Contract Performance Bank Guarantee (CPBG), as per Govt. guidelines published through Public Procurement Policy (PPP), 2012.

Any other provisions / exemptions available based on bidder being NSIC registrant indicated elsewhere in the RFQ documents, shall stands replaced / modified to the extent of above provisions.

Proforma of Performance Security (Contract Performance Bank Guarantee)

[CPBG]

BANK GUARANTEE FOR PERFORMANCE OF THE CONTRACT (On Non-judicial Stamp Paper of Rs.100/-)

This Deed of Guarantee made this -------------------------------- day of _------------------- between -------------------------------------------_ a Bank constituted under the Banking Corporation (Acquisition & Transfer of Undertakings) Act of 1970 having its Head Office at --- --------------------------------and Branch Office at --------------------- hereinafter called as the GUARANTOR (which expression shall unless excluded by or repugnant to the context mean and include its successors and assigns) of the One Part AND Bharat Petroleum Corporation Limited a company registered under the Companies Act, 1956 and having its registered office at Bharat Bhavan, 4&6 Currimbhoy Road, Ballard Estate, Bombay 400 038 hereinafter called the CORPORATION (which expression shall unless excluded by or repugnant to the context mean and include its successors and assigns) of the Other Part. WHEREAS by an Agreement bearing ----------------------- day of ----------------- 2001 made between -------------------------------------____ therein and hereinafter described as the VENDOR of the one part and the CORPORATION of the other part, the job as described therein had been awarded to the VENDOR by the CORPORATION to be done on the terms and conditions contained therein. AND WHEREAS it has been agreed by the CORPORATION and the VENDOR that for due performance of the Contract, the VENDOR will give a sum of Rs.----------------------as Security Deposit and if the VENDOR fails to perform his/its obligation under the Agreement and/or the Agreement as terminated for any default committed by the VENDOR, the CORPORATION will be entitled to forfeit the aforesaid sum of Rs.---------------------- kept by the VENDOR as Security Deposit with the CORPORATION.

AND WHEREAS it has been further agreed by the CORPORATION and the VENDOR that instead of keeping cash as Security Deposit as mentioned hereinabove, the VENDOR can provide a suitable Bank Guarantee in the form acceptable to the CORPORATION stating that the said Bank will on demand pay the said sum of Rs.------------------------without any demur to the CORPORATION as and when the same is demanded by the CORPORATION from the said Bank.

AND WHEREAS, the VENDOR has requested the GUARANTOR to give the said guarantee and the GUARANTOR has agreed to give the guarantee in the manner hereinbelow appearing.

NOW THIS DEED WITNESSETH AND IT IS HEREBY COVENATED AGREED AND DECLARED BY THE GUARANTOR AS FOLLOWS :-

1. If the VENDOR fails to perform the contract in terms of the conditions mentioned hereinabove and if at any time the contract has been terminated by the CORPORATION for non-performance of the conditions of the Agreement by the VENDOR, the GUARANTOR will pay to the CORPORATION on demand without demur a sum of Rs._--------------------------- and will indemnify and keep indemnified safe and defended the said CORPORATION at all times hereafter against any loss which the CORPORATION may

suffer by reasons of any default committed by the said VENDOR in observance and performance of the covenants of the said Agreement and all costs, charges and expenses whatsoever which the CORPORATION may incur by reasons of default or omission or commission of any act on the part of the VENDOR.

2. The judgement of the CORPORATION as regards the failure or omission or commission on the part of the VENDOR in performing the VENDOR's obligation under the Agreement and/or the CORPORATION's judgement for reasons of termination of the contract will be final and binding and the GUARANTOR will not have any right to question such decision of the CORPORATION and the GUARANTOR will pay the amount mentioned hereinabove, immediately on receipt of any written communication stating that VENDOR has failed to perform its obligation under the Agreement and/or committed or omitted any action contrary to the Agreement.

3. The CORPORATION shall have the fullest liberty without in any way affecting this Guarantee and discharging the VENDOR from the liability hereunder to postpone for any time or from time to time the exercise if the powers conferred on the CORPORATION under the said Agreement and to exercise the same at any time and in any manner and either to enforce or forbear to enforce the covenants for payment of principal or interest or any other covenants contained in or implied under the said Agreement or any other remedies or securities, if any, available to the CORPORATION or to grant or allow time or any indulgence or facility to or compound or to make any other arrangement with the VENDOR without any further knowledge or assent of the GUARANTOR and take any other securities or Promissory Notes held or to be held by the CORPORATION from the VENDOR and the GUARANTOR shall not be released by any exercise by the CORPORATION of its liberty with reference to the matters aforesaid or any of them or by reason of time being given to the VENDOR or of any other forbearance, act or omission on the part of the CORPORATION or any other matter or thing whatsoever and the GUARANTOR hereby waive all rights of suretyship and other rights which they might otherwise be entitled to enforce.

4. The GUARANTOR will observe and perform all the terms and conditions and covenants contained in the said Agreement in the same manner in which the VENDOR is liable for the due observance and performance of the said terms and conditions and covenants.

5. The Guarantee herein contained shall be irrevocable and absolute and independent of any right or remedy the CORPORATION may have against the VENDOR and accordingly the CORPORATION shall be entitled to enforce against the GUARANTOR the VENDOR's liability without initiating or enforcing its remedies against the VENDOR and notwithstanding that the securities, if any, hereinafter received from the VENDOR or any of them shall at the time when proceedings are taken against the GUARANTOR hereunder be outstanding or unrealised.

6. In order to give effect to the Guarantee herein contained the CORPORATION shall be entitled to act as if the GUARANTOR was principal debtor to the CORPORATION for all payments and covenants guaranteed by it as aforesaid to the CORPORATION.

7. The Guarantee herein contained is a continuing guarantee and shall be binding and operative until repayment is made of all moneys due to the CORPORATION under the said Agreement, as aforesaid.

8. The CORPORATION shall be at liberty to enforce the guarantee under this deed separately from or independently of the said Agreement and such enforcement shall not be regarded as releasing or in any way affecting the Agreement or its enforcement.

9. The obligation of the GUARANTOR in terms hereof shall not be in any way affected or suspended by reason of any dispute or disputes having been raised by the VENDOR (whether or not pending before any Arbitrator, Officer, Tribunal or Court) or any denial or liability by the VENDOR or any other order of communication whatsoever by the VENDOR stopping or preventing or proposing to stop or prevent any payment by the GUARANTOR to the CORPORATION in terms hereof.

10. The Guarantee herein contained shall not be determined or in any way prejudiced by any absorption or amalgamation or reconstitution or alteration of the CORPORATION or of the VENDOR or otherwise and the guarantee shall remain such full force and the operative against the GUARANTOR until the obligations of the GUARANTOR hereinafter are fully discharged.

11. That nothing omitted or done by the CORPORATION shall in any way affect or discharge the liability of the GUARANTOR under these presents.

12. All sums hereby guaranteed by the GUARANTOR shall be due and payable to the VENDOR at New Delhi in terms hereof after notice in writing, requiring payment of the same shall have been delivered or sent through registered post, addressed to the GUARANTOR at their aforesaid address.

13. The Guarantee herein contained shall not be affected or discharged due to any amalgamation or reconstitution of the GUARANTOR but shall in all respects and for all purposes be binding and operative until payment of all monies due to the VENDOR as mentioned hereinabove recited Agreement.

14. Notwithstanding anything contained hereinbefore the GUARANTOR's liability under this Guarantee shall be limited to the extent of Rs.------------------------ and unless any claim is lodged with the GUARANTOR at their office mentioned hereinabove by SIX months from --------------------------------------------day of --------------------------------this Guarantee will be discharged and the GUARANTOR will be relieved from the performance of this Guarantee forever.

IN WITNESS whereof the GUARANTOR herein set their respective hands and seal on the day month and year first hereinabove written.

SIGNED, SEALED AND DELIVERED

by Shri the GUARANTOR herein at

_________________________

in the presence of :

Proforma of Letter of Authority for Attending Unpriced Bid Opening and Priced Bid Opening

No. Date: THE AGM (PURCHASE) ENGINEERS INDIA LIMITED E.I. BHAWAN ANNEXE – 4TH FLOOR 1, BHIKAJI CAMA PLACE NEW DELHI 110066 INDIA. Attn: Shri P.K. Khurana Dear Sirs, We........................................hereby authorise following representatives (s) to attend the unpriced bid opening and priced bid opening against your Bid Document No. ...........................for....................................(item Name)....................................... 1. Name & Designation.........................Signature............................ 2. Name & Designation........................Signature............................ We confirm that we shall be bound by all and whatsoever our representative (s) shall commit. Yours faithfully,

Signature...........................................

Name & Designation.........................

For & on behalf of............................ Note: This Letter of Authority should be on the letterhead of the bidder and should be signed by a person competent and having the power of attorney to bind the bidder.

SPECIAL PACKAGING REQUIREMENTS

All raw/solid wood packaging material used for packaging shall be appropriately treated and marked as per ISPM-15 (International Standards of Phyto-sanitary measures 15) OR shall be accompanied by a Phytosanitary Certificate with the treatment endorsed. The treatment of raw/solid wood packaging material prior to export shall include either Methyl Bromide (MB) @ 48 g/m3 for 16 hrs at 21º C and above or any equivalent thereof or heat treatment (HT) at 56º C for 30 min (core temperature of wood) or Kiln Drying (KD) or Chemical Pressure Impregnation (CPI) or any other treatments provided that these meet the HT specifications of the ISPM-15. However, the above conditions shall not be applicable to wood packaging material wholly made of processed wood products such as ply wood, particle board, oriental strand board of veneer that have been created using glue, heat and pressure or combination thereof. The above conditions shall also not be applicable to wood packaging material such as veneer peeler cores, wood wool & shavings and thin wood pieces (less than 6mm thickness) unless they are found to be harboring any pests.

(Signature & Stamp of Bidder)

BPCL

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BHARAT PETROLEUM CORPORATION LTD

LPG TRANSFER PIPELINE FROM BPCR & HPCR TO URAN BOTTLING PLANT PROJECT

Terms and Conditions for Erection Testing and Commissioning 1. LOCATION OF WORKSITE:

M/s BPCL has undertaken to lay a pipeline from LPG Plant at its refinery in Mumbai (Maharashtra, India) to Bottling Plant in Uran (Maharashtra, India). The pipeline system shall also have another pipeline from M/s HPCL’s refinery at Mahul, Mumbai (Maharashtra, India) joining the same Pipeline. The intending tenderer should inspect the site and make himself familiar with site conditions and available communication facilities.

2. WATER SUPPLY:

In case water is required, the Contractor shall arrange for water and further distribution, pipe net works at his cost and such distribution shall have the prior approval of BPCL.

3. POWER SUPPLY:

In no case BPCL shall supply electric power to the vendor. The contractor shall make his own arrangements at his cost. All electrical works (both temporary and permanent) will be done as per Indian Electricity Act and rules framed there under, and also specific regulations of BPCL prevailing at site. The temporary lines will be removed after completion of work.

4. ACCOMODATION FOR CONTRACTOR ‘S SUPERVISORY STAFF AND LABOUR ETC.: The Contractor shall make his own arrangements for the accommodation of labour,

Engineers/Supervisors deputed for carrying out erection, testing and commissioning. 5. LAND FOR CONTRACTOR’S FIIELD OFFICE, GODOWN AND WORK SHOP: BPCL will at his own discretion and convenience and for the duration of the execution of the work make

available as near to the work site as possible, land for construction of contractor’s field office, godown, workshop and assembly yard required for the execution of the work. The contractor shall at his own cost construct all these temporary buildings and provide suitable water supply, power supply and sanitary arrangement approved by the Engineer-in-Charge of BPCL.

6. EQUIPMENTS, TOOLS AND PLANT: All equipment, vehicles, tools and plants and materials brought to site by the contractor form his

resources shall have distinctive identification marks and the description and quantity of such inflow shall be intimated to BPCL in writing by the contractor. All construction materials brought by the contractor shall have prior approval regarding quality and quantity by BPCL. The contractor shall also provide without extra cost necessary enclosures, containers and protective materials for proper storage of materials inside, whenever so instructed by BPCL without any extra cost.

No material or equipment or tools etc. shall be taken out of the work-site without the written consent of

BPCL. BPCL shall not be responsible for the safety to protection of the materials of the contractor and the

contractor shall make his own arrangements for proper watch and ward for his materials.

BPCL

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7. RULES AND REGULATIONS AT SITE:

The contractor shall ensure that all rules and regulations as effected from time to time by the Owner and/or EIL are strictly observed by the Contractor’s personnel.

The contractor shall not permit the entry to the site of any person not directly connected with the execution of the Contract without prior permission of the Engineer-in charge.

8. WORKMANSHIP: The entire job shall be done in accordance with the approved drawings and specifications. The drawings

and specifications are intended to be self-explanatory but should any discrepancy arise on any thing contained therein, explanation shall be sought from BPCL.

All the work covered under the material requisition shall be done to the entire satisfaction of BPCL who

shall determine the quality, acceptability and fitness of the work. The contractor shall provide necessary and sufficient tools, plant, equipment etc. for proper execution of work to the satisfaction of BPCL.

9. WORK ON HOLIDAYS AND OUTSIDE NORMAL WORKING HOURS: The contractor shall generally restrict his working hour to the normal working hours but may be

permitted to work extra hours and on Sunday and holidays on prior request at least 24 hours in advance and around the clock depending upon the urgency of the work.

10. SUB-CONTRACTORS: No part or whole of this work covered in the requisition or interest therein shall in any manner be

assigned or sublet by the contractor except where BPCL has given written consent therefore. 11. CONTRACTOR’S LIABILITY NOT LIMITED BY SUB-CONTRACT: Notwithstanding and subletting with such approval the Contractor shall be and shall remain solely

responsible for the quality and quantity of materials and workmanship and for the proper and expeditious execution of the work as if such sub-letting has not taken place.

If any sub-Contractor engaged upon the work executes any work, which in the opinion of BPCL is not in

accordance with the specifications, BPCL may, by written notice to the contractor require him to terminate such sub-contract and sub-contractor shall immediately leave the work. No action by BPCL under the above clause shall relieve the contractor of any of his liabilities or give rise to any right to compensation, extension of time or otherwise.

11. OTHER AGENCIES AT WORKS: The contractor may have to execute work in such a place and condition where other agencies also will be

engaged for other work. No claim shall be entertained for execution of work under such circumstances. However, completion time for erection agreed will be subject to the condition that contractor’s work is not hampered by other agencies.

12. SUPERVISION: The contractor shall provide to the satisfaction of BPCL sufficient and qualified staff to supervise the

execution of works. Such staff shall give, to BPCL or his representative, all necessary information and facilities for such inspection or testing and examining any part of works.

The contractor shall ensure that all his supervisor’s staff and workmen conduct themselves in a proper manner. They shall all be persons who are familiar with and skilled at the jobs allocated to them. If and whenever any of the Contractor’s staff is found guilty of any misconduct or be incompetent or

BPCL

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insufficiently qualified in the performance of his duties the vendor shall remove him from the site at once if directed by BPCL. The contractor shall ensure that replacements for such persons removed from site are provided immediately and the work is not allowed to suffer delay on that account.

13. INSPECTION OF WORKS: BPCL and or EIL will have full power and authority to inspect the works at any time, either on the site or

at the contractor’s premises. The contractor shall afford or procure every facility and assistance to carry out such inspection. On no account will the contractor be allowed to proceed with work of any type unless such work has been inspected and entries are made in the site inspection register by BPCL / EIL.

14. ASSISTANCE TO BPCL: The contractor shall render such assistance and supply such labour as may be required by BPCL in

connection with the works. Cost of all such assistance and requirements shall be deemed to be included and covered by the prices quoted in the offer. The contractor shall make available to BPCL all necessary instruments and assistance in checking the setting out of works and taking measurements of works without extra cost to BPCL.

15. ACTION IN CASE OF BAD OR DELAYED WORK Where it is found by BPCL, the performance of work by the contractor is not satisfactory in respect of

workmanship, deployment of sufficient labour or equipment delay, in execution of work or any other matter, BPCL shall have the right to engage labour at normal ruling rates and get the work executed through his own or any other agency and debit the cost in excess of the value as per order to the contractor and the contractor shall have no right to claim compensation thereof. In such a case BPCL shall have the right to utilise the materials and tools brought by the contractors for the same work.

16. NOTICE OF CLAIMS FOR ADDITIONAL PAYMENT: Should the Contractor consider that he is entitled to any extra payment or compensation or making any

claims whatsoever in respect of the works, he shall forthwith give notice in writing to BPCL that he intends to claim extra payment. Such notice shall be given to BPCL within ten days from the ordering of any work or happening of any event upon which the contractor bases such claims and such notice shall contain full particulars of the nature of such claims with full details and amount claimed. Failure on the part of the contractor to put forward any claim with the necessary particulars as above within the time above specified shall be an absolute waiver thereof. No commission by BPCL to reject any such claim and no delay in dealing therewith shall be waiver by BPCL of any rights in respect thereof.

17. INSURANCE:

Marine – cum – Transit Insurance shall be arranged and borne by BPCL. All other insurance including but not limited to workmen compensation, third party liability etc., as required by the applicable laws shall be arranged by the vendor and the quoted price is inclusive of the charges for the same.

18. PERMITS, LICENCES ETC.: The contractor shall obtain all permits, licences or other authorisations as are required for his work in

terms of the order, from local State or Central Authorities. He shall comply with all rules, regulations and other statutory obligations under the State of Union Legislative enactments. The contractor shall pay all fees and other legally demandable compensation to any person, body or firm. BPCL shall not be responsible, either directly or indirectly, in any manner whatsoever for any omissions of the Contractor under this clause.

BPCL

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19. LOCAL AND OTHER AUTHORITIES NOTICES AND FEES: The contractor shall comply with and give notices required by any Act or by any Regulation or bye-law of

any local or other public authority who have any jurisdiction with regard to the contractor’s work and shall pay and indemnify BPCL against any fees/or charges legally demandable under such Act, regulation or bye law in respect of the works.

20. CONTRACTOR’S LIABILITY:

It is the responsibility of the Contractor to meet all claims for compensation under the workmen’s Compensation Act or under any other law in respect of accidents or injury including death suffered by workmen engaged by him for carrying out the work undertaken by the contractor. The Contractor will also be responsible and liable in respect of clams for damage to property or persons arising from or in the course of execution of the work undertaken by him. The contractor shall keep BPCL fully indemnified in respect of claims under the Workmen’s Compensation Act and all other claims aforesaid and the contractor shall not under any circumstances raise any dispute with regard to the same.

21. CONTRACTOR’S EQUIPMENT:

a) A list of equipment, which the contractor proposes to bring to Site to carry out the Work has been made part of this Contract. The contractor shall ensure that these equipment as well as such other equipment required to carry out the work are brought to site at the appropriate time to achieve the promised completion date.

b) Equipment brought to Site will remain at Site and shall not be allowed to be taken out without the written consent of the Engineer-in-charge. Certified capacity charts for heavy equipment should be submitted to EIL prior to operation of the equipment.

c) The contractor shall clearly mark all his tools and equipment with an identification symbol and/or number.

22. CONTRACTOR’S CONSTRUCTION SCHEDULE AND MANPOWER, MACHIERY AND MATERIALS

REQUIREMENT CHART:

i) The Construction Schedule and Manpower, Machinery and Materials requirement chart agreed between EIL and the contractor is made part of this contract. The following comprise the Construction Schedule and Manpower, Machinery and Materials requirement chart.

(a) Construction Schedule showing Chart and finish dates for various Operations involved in the execution of the Contract and how the various start and finish dates are tied up with the completion date.

(b) Manpower requirement (separately for Supervisory and non-supervisory manpower) at various phases of Contract execution.

(c) Machinery and Construction equipment requirement at various phases of Contract execution. (d) Procurement Schedule for materials in the contractor’s scope of supply. (e) Contractor’s organization chart.

The contractor shall ensure compliance with the Construction Schedule and Manpower, Machinery and Materials Schedule and make every effort to bring in additional manpower, machinery and materials as required to ensure timely completion of the work.

23. MATERIALS FURNISHED BY OWNER/EIL:

a) The Owner/EIL shall issue from their stores at site such materials, if any, agreed to be furnished to the contractor elsewhere in this Contract. The contractor shall collect such materials from the Owner’s stores and transport to his work site at the contractor’s cost.

b) The contractor shall inspect such materials as soon as received by the contractor and shall bring to the attention of the Engineer-in-charge any shortage/damage or other defects noticed before taking over the materials. Materials once taken over will be deemed to have been received in good condition and in correct quantities except for intrinsic defects, which cannot be observed by visual and dimensional inspection and weighment.

BPCL

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c) Upon receipt by the contractor the responsibility for any and all loss, damage and/or misuse of such materials shall rest with the contractor.

d) All materials furnished by Owner/EIL shall be properly stored and systematic records of receipts, issue and disposal will be maintained. Periodic inventory shall be made available to Owner/EIL whenever so required by Engineer-in-charge.

e) All materials furnished by Owner/EIL shall be utilized as directed by Engineer-in-charge or in the absence of such direction most economically. The contractor shall be responsible for the return to the Owner/EIL of all surplus materials, as determined by the Engineer-in-charge.

f) For materials furnished by the Owner/EIL that is lost, damaged or unaccounted, deductions shall be made from payments to the contractor at rates specified elsewhere in the Contract or in the absence of such a provision in the contract at a rate determined by the Engineer-in-charge, which shall include besides the cost of materials, levies, taxes and duties paid, procurement expanses, freight (air, sea and land) handling charges, insurance, expediting and inspection charges as per the Schedule of rates of the Owner/EIL.

g) Surplus from materials furnished by the contractor shall after acceptance of work revert to the Ownership of the contractor.

24. PROTECTION TO WORK NOT TAKEN OVER BY OWNER/EIL:

Until such time the work is taken over by Owner/EIL, the contractor shall be responsible for proper protection including proper fencing, guarding, lighting, flagging, watching and for the provision of temporary foot-ways, guards, and fences as far as may be rendered necessary by reason of the work, for the protection of foot passengers, vehicles, animals and to the properties of the Owner/EIL, occupiers of adjoining property and the public. The contractor shall during the progress of work properly cover up and protect any part of the work liable to damage by exposure to the weather and shall take every reasonable precaution against accident or damage to the work from any cause.

25. COMMUNICATION FACILITIES:

If available, the Contractor may use the Owner’s or EIL’s communication facilities (telex, telegram, telephone, postal etc,) at the specified charges. However, the owner or EIL does not guarantee such facilities and the contractor shall if required arrange for such facilities at his own cost and expense. Lack of communication facilities will not form ground for extension to completion date.

26. EMPLOYMENT LIABILITY:

The contractor shall be solely and exclusively responsible for engaging or employing persons for the execution of work. All employees engaged by the contractor shall be on his/their pay roll and paid by him/them. All disputes or differences between contractor and/his/their employees shall be settled by him/them. BPCL has absolutely no liability whatsoever concerning the employees of the contractor. The contractor shall indemnify BPCL against all loss or damage or liability arising out of or in course of his/their employing persons or relations with his/their employees.

The contractor shall make regular and full payment of wages and salaries to his employees and furnish necessary proof wherever required by BPCL. In case of any complaint by any employees of the contractor or his sub-contractor regarding non-payment of wages, salaries or other dues, BPCL reserves the right to make such payments directly to such employee or sub-contractor of the contractor and recover the amount in full from the bills of the contractor and the contractor shall not claim any compensation or reimbursement thereof. The contractor shall comply with the Minimum Wages of his employees and also of employees of his sub-contractor.

27. SAFETY SECURITY:

The contractor shall adhere to and enforce all safety and fire protection rules in force during the performance of the work. The contractor shall take immediate steps to safety and security for each different type of works as required to guard against accident and hazardous and unsafe working conditions and shall comply promptly with BPCL’s additional instructions when given. BPCL reserves the

BPCL

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right to reject entry to the Contractor’s workmen either individually or wholly without assigning any reason.

Prior to commencement of the awarded work, the Contractor shall furnish a list of employees whom he intends to take in for his job to the Engineer-in-charge of BPCL.

28. FIRST AID FACILITIES:

The Owner/EIL shall establish First Aid Station at Site. Assistance from the First Aid Station will be available to the contractor at an agreed charge. Contractor shall inform EIL in advance whether he wishes to make use of this facility and confirm acceptance of the charges. Unless so notified earlier the First Aid personnel will not treat contractor’s casualties except in the emergency.

29. HOUSE KEEPING During the work in progress, the contractor should maintain good housekeeping at the work-site and

after completion of the work, leave the buildings, etc, with the adjacent area cleared. Also, after erection the area should be cleared of any temporary structures built by the vendor. 30. NOTICE FOR ERECTION The contractor shall start the erection work within 7 days of receipt of request from BPCL to commence

erection. 31. OTHER FACILITIES:

Unless specifically agreed elsewhere in the Contract, the Owner/EIL shall not provide any other facilities to the contractor and the contractor shall arrange at his own cost and expense for plumbing, lighting, construction air or steam, sanitary facilities, petrol and other fuels and lubricants for all contractor’s equipments temporary construction of buildings, construction and fabrication equipment, storage materials, tools, machinery (including consumables, costly and sophisticated fittings, instruments, etc.), scaffolding, temporary erection bolts, all hand tools as required, welding equipment, packers and shims, and all other items required to complete the work.

32. DEWATERING:

The contractor will keep his assigned areas free of water and must assume the costs for all pumping conditions including shoring and shuttering as required. The contractor will tie in all his dumping operations to the existing sewer or drain system all as directed by the Engineer-in-charge. The contractor will be held responsible for all damage which may be caused of result from water backing up or flowing over through floor or any part of the work or which any of his operation may cause to flow elsewhere.

33. COMPLIANCE WITH STATUTORY REGULATIONS:

a) The contractor shall be assumed to be familiar with all central, state and local regulations in force as applicable to the operations he is performing.

b) It shall be sole responsibility of the contractor to execute the Contract in strict accordance with such statutory regulations in force and or to obtain necessary exemption certificates.

c) Any modifications/alterations deletion and/or addition that has to be carried out to meet statutory requirements shall be done at the cost and expense of the contractor. The contractor shall not be entitled to any extension in completion date to carry out changes, in order to meet statutory requirements.

d) The contractor shall at his cost and expense obtain and furnish Owner/EIL with all statutory certificates/permits, and/or exemption certificates by that are required, to put into operation, the work completed by the contractor.

BPCL

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34. HYPOTHECATION BOND: For free issue material, the Contractor shall furnish a hypothecation bond as per proforma enclosed

before commencement of despatches. This bond shall be executed on a Stamp paper.

BPCL

Job No.: A037

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DRAFT FOR HYPOTHECATION BOND

AN AGREEMENT made this ______________ day of ______________two thousand and ____________ BETWEEN ________________________________LIMITED a Company incorporated under the Indian Companies Act and having its Registered Office at _______________ (hereinafter called “the Contractor”) of the one part and BPCL, A company incorporated under the Indian Companies Act 1956 and having its registered office at ________________, hereinafter called “the Owner” of the other part. WHEREAS (1) The Owner has entered into an agreement with the Contractor for _______________ upon the terms

and conditions detailed in the Contract No. ____________ dated____________. (2) One of the terms and conditions of the said Contract is that the Owner shall advance to the Contractor a

sum of Rs. _______________ of the contract price against despatch of materials. (3) The Owner has at the request of the Contractor agreed to advance to the Contractor the said sum of Rs.

______________ against hypothecation of materials despatched by the Contractor for purpose of the said contract.

NOW IT IS HEREBY AGREED AS FOLLOWS (1) THAT in pursuance of the said agreement and in consideration of the promises the whole of the

contractor’s materials which are now or hereinafter from time to time during the continuance of this security shall be brought to or stored in or being or about the Owner’s lands and buildings at ________________ in the district of ___________ or wherever also the name may be (including any materials in course of transit) hereinafter called the “said materials”) with the benefits of all rights relating hereto shall be and stand hypothecated to the Owner and its assign by way of the said sum of Rs. _________________ in manner hereinafter appearing together with all relative interest charges and costs (as between attorney and client) and expenses.

(2) THAT the Contractor shall refund to the Owner the said sum of Rs_____________ on demand by the

Owner if the contractor shall commit any breach of the said contract or if the said sum becomes otherwise refundable to the Owner under the said Contract.

(3) THAT subject as hereinafter provided the Contractor shall not except with the prior written consent of

the Owner during the continuance of this security, pledge or otherwise charge of encumber the said materials or any part thereof over which the charge hereby created in favour of the Owner shall extend or be expressed or intended to extend nor do or permit any act whereby the security here before expressed to be given to the Owner shall be in any way prejudicially affected.

(4) THAT the contractor shall at all times and from time to time insure the said materials//keep it insured to

its full value against fire, strikes, riots and civil commotion and all other risk as required by the Owner with Insurance Companies approved of by the Owner and the Contractor will on demand produce the policies of insurance and the receipts for insurance premium to the Owner. If the Contractor shall fail to insure or produce the policies or Insurance and Insurance premium receipts as aforesaid the contractor shall be liable to refund the entire amount remaining outstanding out of the advance on the date of such failure.

(5) THAT in the event of loss, destruction by fire or otherwise or damages to the said materials or any part

thereof the Owner shall be entitled to recover and receive all moneys payable in respect of the insurance. In the event of the Owner nor receiving the amount payable in respect of the insurance wholly or partially for any reason whatsoever the Contractor shall be bound to pay to the Owner on demand the said sum,

BPCL

Job No.: A037

Page 9 of 9

(6) THAT all sums of money recovered or received under the last preceeding clause may at the option of the Owner be applied towards the liquidation and satisfaction of the said sum and if any part of the insurance moneys shall remain in the hand of the Owner after such application thereof as aforesaid the Owner shall be entitled to apply the same towards any other sum or sums of money which may be due from the Contractor to the Owner on any other account or any other transaction or transactions whatsoever. If after settlement of all claims of the Owner against the Contractor any surplus shall remain, such surplus shall remain at the disposal of the Contractor but if the sum or sums realised from the insurance be insufficient to cover the moneys due to the Owner as aforesaid the Contractor agrees to forthwith repay to the Owner the deficiency.

(7) THAT the Owner, its agents and nominees shall be entitled at all times and without notice to the

contractor but at the contractor’ s risk and expense and if so required as attorney and the name of the contractor to enter any place where the said materials may be and inspect value and/or possession of (so that they become pledged) all or any part of the said materials if the said sum or any part thereof become payable under clause 2 hereof and to recover receive or remove and/or sell by public auction or private contractor or otherwise dispose of or deal with all or any part of the said materials and to enforce realise settle compromise and deal with any rights aforesaid without being bound to exercise any of these powers or being liable for any losses in the exercise thereof and without prejudice to the Owner’s rights and remedies of suit or otherwise and notwithstanding there may be any pending suit or other proceeding.

(8) THAT in the event of any conflict between the provisions of these presents and the said contract the

provisions of these presents shall prevail and in the event or any dispute or difference arising over the construction of effect of these presents the settlement of which has not been hereinbefore expressly provided for, the same shall be referred to the Arbitrators as per General Purchase Conditions, whose decision shall be final and provisions of these Indian Arbitration Act for the time being in force shall apply to any such reference.

IN WITNESS WHERE OF the said Contractor and the Owner have hereunto set their respective hands the day and year first above written. Signed, sealed and delivered in the presence of: Witness: Signature Name Address Signed for and on behalf of BPCL in the presence of : Witness: Signature Name Address

Annexure –GG GPC-Indigenous : All other terms and conditions will be as per General Purchase Conditions subject to

the following: 1.1 Price Reduction Schedule for delayed delivery (Clause 9 of GPC (Indigenous):

The word “Delayed Delivery” shall be read as “Delayed Completion”. 1.2 Contract Performance Guarantee (Clause 30 of GPC (Indigenous)):

Guarantee period shall be 12 months from the date of handing over package at project site. The CPBG shall be valid for the guarantee period Plus six month claim period.

2.0 The provisions of the guarantee as mentioned in the Guarantee clause of GPC

shall be supplemented with the requirements of Guarantee as per MR.

GPC-Imports: 1.1 Price Reduction Schedule for delayed delivery (Clause 17 of GPC

(Indigenous): The word “Delayed Delivery” shall be read as “Delayed Completion”.

1.2 Contract Performance Guarantee (Clause 27 of GPC (Indigenous)): Guarantee period shall be 12 months from the date of handing over package at project site. The CPBG shall be valid for the guarantee period Plus six month claim period.

2.0 The provisions of the guarantee as mentioned in the Guarantee clause of

GPC shall be supplemented with the requirements of Guarantee as per MR.

Date post:	03-Jan-2022
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