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T000003777_FileName_EOT tender corrected ... - Bharat Petroleum

T000003777_FileName_EOT tender corrected ... - Bharat Petroleum

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INSTRUCTION TO BIDDERS1.0 INTRODUCTION1.1 <strong>Bharat</strong> <strong>Petroleum</strong> Corporation Limited (BPCL) is setting up new workshop complex in itsexisting Refinery at Mahul, Mumbai. For New workshop complex it is proposed to install 8nos.Eot cranes of Various Capacities. M/s Structwel Designers & Consultants Pvt. Ltd.(Structwel) has been appointed as the Project Management Consultant to provideEngineering, Procurement and Construction Management services for this project andthey shall be Engineer-In-Charge for this work.1.2 SDCPL on behalf of BPCL invites sealed bids under two bid system for the entire workcovered in the bidding document. All bids are to be completed and returned inaccordance with <strong>tender</strong> requirements within the duration as mentioned below.2.0 IMPORTANT POINTS TO BE NOTED2.1 Due date for submission of bids: 13:00 Hrs of 29.08.2012 at SDCPL, Turbhe, NaviMumbai office2.2 Technical un-priced bid opening: 14:00 Hrs of bid due date at SDCPL, Turbhe, NaviMumbai office2.3 Bid Validity: Bids shall remain valid for 4 months after the deadline for bid submission.2.4 Bid security/ Earnest Money Deposit (EMD):Not applicable2.5 Bidders to note the Bid Rejection Criteria as detailed in clause no. 10.2.6 The offers submitted by bidders shall be either neatly spiral bounded or hard bounded.Offers submitted in loose/stapled papers will not be accepted.3.0 Bidders Qualification Criteria (BQC)Bidder shall fulfill the following qualification criteria in order to qualify for this Work:3.1 EXPERIENCE-TECHNICALThe bidder should have successfully completed similar works, during the last seven yearsending last day of month previous to the one in which Bids are invited.Similar work means Design, Manufacturing, Supply, Erection, Testing and Commissioning of<strong>EOT</strong> Cranes including certification from competent authority duly approved by Govt. ofMaharashtra.3.2 COMMERCIAL3.2.1 EXPERIENCE – COMMERCIAL3.2.2 The Bidder should have executed and completed at least one similar work in a single Workorder/Contract of value not less than Rs. 4.02 Crores (Rupees Four Crores Two Lakhsonly), during the last Seven (7) years ending last day of month previous to the one in whichbids are invited.Page 4 of 268


Or3.2.3 The Bidder should have executed and completed at least two similar works in two separateWork order/ Contract each of value not less than Rs. 2.51 Crores (Rupees Two Crores andFifty One Lakhs only), during the last Seven (7) years ending last day of month previous tothe one in which bids are invited.Or3.2.4 The Bidder should have executed and completed at least three similar works in three separateWork order/ Contract each of value not less than Rs. 2.01 Crores (Rupees Two Crores OneLakh only), during the last Seven (7) years ending last day of month previous to the one inwhich bids are invited.3.3. FINANCIAL3.3.1 Annual TurnoverThe annual turnover of the Bidder shall not be less than Rs. 1.51 Crores (Rupees One Croreand Fifty One Lakhs only) as per the audited financial results, in at least one of the precedingthree financial years up to the due date for submission of bid.3.3.2 The financial net worth of the Bidder as per the latest audited annual report shall be positive.3.3.3 Bidder shall provide necessary documents to establish conformance on the above criteriaincluding completion certificate / purchase order and last three years balance sheets.3.4 SUPPORTING DOCUMENT3.4.1 Certificates/documentary evidence supporting BQC criteria shall be submitted along withtechno-commercial bid.4.0 BID DOCUMENT FEES AND COST OF BIDDING4.1 Bidders shall deposit Tender fees of Rs. 1000/- to BPCL through a demand draft / pay orderdrawn in favor of M/s. <strong>Bharat</strong> <strong>Petroleum</strong> Corporation Ltd, Mumbai prior to submission of bids orlatest at the time of submission of bids. Bids from bidders who have not paid Tender Fess willnot be considered for evaluation4.2 The bidder shall bear all costs associated with the preparation and delivery of bid including (butnot limited to) costs and expenses related to visits to the site(s) and other locations, and thecost of any tests, investigations, evaluations and consultations. BPCL/SDCPL will in no casebe responsible or liable for any costs regardless of the outcome of the bidding process.5.0 BIDDING DOCUMENTS5.1 Bidding documents consist of:(a)(b)(c)(d)(e)(f)(g)Scope of work / supplyAcknowledgement Letter formatInstructions to Bidders (ITB)Special Purchase Conditions (SPC)General Purchase Conditions (GPC)Commercial Questionnaire (Indigenous & Foreign Bidders)General conditions of contract (GCC)Page 5 of 268


and are present shall sign a register evidencing their attendance.13.0 OPENING OF PRICE BIDS13.1 Substantially responsive bidders will be shortlisted by BPCL/SDCPL for opening of price part oftheir bids. Date, time and venue for opening of price bids will be informed to the shortlistedbidders subsequently. Only the final bid cost will be read before the bidder's representative(s)duly authorized to attend such opening by a person competent and having the Power ofAttorney to bind the Bidder. The Bidder's representative(s) who choose to attend and arepresent shall sign a register evidencing their attendance.14.0 COMPLETE SCOPE OF WORK14.1 The complete scope of supplies has been defined in the bidding documents. Only thosebidders who take complete responsibility and who bid for the complete scope of supplies ascontained in the bidding document may be considered for further evaluation.14.2 Waiver of deviations and conditions (if any), should be submitted by the Bidders before theopening of the Priced Bid failing which the Priced Bid of concerned Bidder shall not be opened.15.0 AMENDMENT OF BIDDING DOCUMENTS15.1 At any time prior to the deadline for submission of bids as well as up to priced bid opening,SDCPL may, for any reason whether at its own initiative or in response to a clarification ormodification requested by any prospective Bidder(s), modify the Bidding documents.15.2 The modifications/amendment will be notified in writing or by fax to all prospective bidders whohave been issued the Bidding documents, and shall be part of the Bidding documents and shallbe binding on all bidders. The Bidders will be required to acknowledge receipt of any suchamendment to the Bidding documents. Bidders shall confirm the inclusion of Addendum /Corrigendum in their bid and shall follow the instructions issued along with addendum /corrigendum.15.3 Bidders shall examine the Bidding documents thoroughly and inform SDCPL of any apparentconflict, discrepancy or error, so that SDCPL may issue appropriate clarification(s) oramendment(s), if required.16.0 BIDDING DOCUMENTS AND DEVIATIONS16.1 It is expected that bidders will submit bids based strictly on the terms and conditions andspecifications contained in the bidding documents and will not stipulate any deviations. Shouldit, however, become unavoidable, deviations should be separately and specifically stipulatedonly in the "Deviation Sheet". Deviations mentioned anywhere else in the offer other than the"Deviation Sheet" shall not be acceptable considered for bid evaluation. SDCPL reserves theright to reject as non-responsive any bid containing major deviation(s).17.0 LANGUAGE OF BIDS17.1 The Bid prepared by the bidder, all documents attached to and/or relating to the bid and allcorrespondence exchanged by the Bidder and BPCL/SDCPL, shall be written in Englishlanguage only.17.2 Any printed literature furnished by the bidder may be written in any other language providedthat this literature is accompanied by an authenticated English translation, in which case, forPage 8 of 268


purpose of interpreting the Bid, the English translation shall govern.18.0 PRICE BID18.1 The item wise Bid prices (if applicable) shall be filled in the "Format for Submitting Prices".18.2 Bidders shall quote indicting separately basic cost, all taxes, duties, levies, octroi applicable,packing & forwarding charges, transportation charges etc. and the final landed cost at site.18.3 Bidders shall indicate the applicable present rate of excise / customs duty, CVD, educationcess and VAT/CST, Service Tax, the same shall be payable on production of documentaryevidence issued from concerned authority.18.4 This part shall not contain any condition whatsoever failing which the Bids shall be liable to berejected. In case of any correction, the bidder shall put its signature and its stamp. Eraser fluidwill not be allowed for making any correction.18.5 The prices quoted by the bidder shall remain firm and fixed and shall be valid until completionof the Contract and shall not be subject to variation/escalation on any account except asotherwise specifically provided in the Contract documents.18.6 A Counter trade proposals shall not be considered in the evaluation of Bids or otherwise.18.7 It shall be the duty of the supplier to duly observe and perform all laws, rules, regulations,orders and formalities applicable to Excise Duty, Sales Tax, VAT, Service tax, Customs Duty,Countervailing Duty etc. on the import, manufacture, sale and/or supply of any material toBPCL and performance of the works under the Contract. The supplier/contractor shall keepBPCL indemnified from and against any and all claims, demands, prosecutions, actions,proceedings, penalties, damages, demurrages and/or other levies whatsoever made or leviedby any Court, Tribunal or the Customs or other Authorities with respect to any alleged breach,evasion or infraction of such duties, taxes, charges or levies or any breach or infraction of anyapplicable laws, rules, regulations, orders or formalities concerning the same and from theconsequence thereof.18.8 The bidder shall indicate the total quoted price both in figures as well as in words in the formatfor submitting prices.19.0 FORMAT AND SIGNING OF BID19.1 The original and all copies of the bid shall be typed or written in indelible ink and shall besigned by the bidder or a person or persons duly authorized to sign on behalf of the bidder.Such authorization shall be indicated by written power of attorney accompanying the bid. Allpages of the bid, except for un-amended printed literature, shall be initialed by the personsigning the bid. The name and position held by each person signing must be typed or printedbelow the signature.19.2 The bid shall contain no interlineations, erasures or overwriting except as necessary to correcterrors made by the bidder, in which case, such corrections shall be signed in full by the personor persons signing the bid.20.0 ALL PAGES TO BE INITIALLED20.1 All signatures in bids shall be dated and shall bear a seal of the bidder. In addition, all pages ofthe bids before submission of the bid shall be initialed at lower right hand corner by the Bidderor by a person holding a Power of Attorney authorizing him to sign on behalf of the bidder. Theun-priced technical bid shall include all pages of <strong>tender</strong> enquiry (commercial part and technicalPage 9 of 268


part) duly signed and stamped by the bidder.20.2 The Bidder shall sign and affix its seal on all pages of the Priced bid.21.0 CORRECTIONS AND ERASURES21.1 Bidders are required to fill in the <strong>tender</strong> documents with due care so as to avoid anycuttings/corrections/alterations in the entries made in the <strong>tender</strong> papers.21.2 In case any corrections are required, the original writings shall be neatly cut/ pennedthrough and re-written nearby. No overwriting or erasure of original writings by use of'white fluid' or the like is permitted. In case any erasure using 'white correcting fluid' isfound, the <strong>tender</strong> may be liable to be rejected.21.3 All cuttings/ corrections/ alterations shall be signed in full by the <strong>tender</strong>er with date.Numerical figures shall be written both in figures as well in words.22.0 CLARIFICATIONS OF BIDS22.1 To assist in the examination, evaluation and comparison of bids, BPCL/SDCPL may, at itsdiscretion, ask the bidder for a clarification of his bid. All responses to a request forclarification shall be in writing, and no change in the price or substance of the bid shall bepermitted unless specifically sought by BPCL/SDCPL.23.0 TECHNO-COMMERCIAL EXAMINATION OF BIDS23.1 BPCL/SDCPL will examine or cause to be examined the bids to determine whether they arecomplete, whether the documents have been properly signed, and whether the bids aregenerally in order.23.2 BPCL/SDCPL will determine to its subjective satisfaction whether the bidder has submitted aresponsive bid and is qualified to satisfactorily perform the work, and such determination shallnot be open to question.23.3 The determination will also take into account the bidder's financial and technical capabilities, aswell as such other qualifications as BPCL/SDCPL deem necessary and appropriate.24.0 REBATENo suo-moto reduction in price(s) by bidders is permissible after opening of the bid. If anyBidder unilaterally reduces the price(s) quoted by him in his bid after opening of bids, suchreduction shall not be considered for comparison of prices but shall be binding on the Bidder ifhe happens to be selected for award of work.25.0 CONTACTING BPCLA bidder shall not contact BPCL on any matter relating to his bid from the time of bid opening tothe time, that the Contract is awarded, unless requested to do in writing. Any effort by a bidderto influence BPCL in BPCL's decisions in respect of bid evaluation or contract award will resultin the rejection of that bidder's bid.26.0 BPCL'S RIGHT TO ACCEPT/REJECT BIDS26.1 BPCL/SDCPL reserves the right to accept or reject any bid and to annul the bidding processPage 10 of268


and reject all bids at any time prior to award of Contract without thereby incurring any liability tothe affected bidder(s) or any obligation to inform the affected bidder(s) of the ground ofBPCL's/SDCPL's action.26.2 BPCL/SDCPL shall not be obliged to award the Order / Contract to the lowest evaluated bidderif BPCL/SDCPL apprehends that it will not be in the interest of BPCL/SDCPL to award theOrder / Contract at the lowest evaluated price or to the lowest evaluated bidder.27.0 PREPARATION & SUBMISSION OF BIDS -TWO BID SYSTEM27.1 The bidder is required to prepare bid in a format as outlined below in order to achieve theobjective of maintaining a uniform proposal structure from all bidders.27.2 Techno Commercial Bid (un-priced): Shall contain documents / information as below:(a)(b)(c)(d)(e)(f)(g)(h)Supporting document for BQC.SDCPL Technical specification sheets duly signed & stampedTechnical deviation sheet indicating No deviation / Deviations if anyMakes of major bought out itemsCommercial conditionsDuly filled, signed and stamped commercial questionnaireCommercial deviation sheet indicating No deviation / Deviations if anyto <strong>tender</strong> documents like GPC, SPC, ITB.Un-priced copy of Schedule of Rates (SOR) indicating "Q" for quoted items and "NQ"for not quoted items.27.3 Price Bid: Format for submitting prices with duly filled prices28.0 PRE BID AND POST BID MEETING28.1 Pre-Bid meeting with bidders shall be held on 17.08.2012 at BPCL Mahul Refinery at1400 hrs.28.2 Post-Bid meeting (if required) with bidders shall be held on 07.09.2012 at BPCL MahulRefinery at 1400 hrs.Contact person: Mr. J. C. Kadam /Mr. Shyamal Saha/Mr. Sameer Pandey (M/S Structwe)Tel: +91 - 22-2784 1010 EXT. 102/207/20229.0 SUBMISSION OF BIDSBidder(s) will be required to submit in their one bigger sealed cover marked as "Offer againstEnquiry No. SDCPL-SP-1149-M-01-01 for Item “<strong>EOT</strong> Crane Design Supply and Installation"containing the following documents in two separate sealed envelopes before the due date &time in SDCPL's Mumbai Office at the address:Structwel Designers & Consultants Pvt Ltd., Plot No.15, Sector-24, Off. Sion-Panvel Highway,Turbhe, Navi Mumbai – 400 705, Phone: 022-27841010 Fax: 022-27841007.Page 11 of268


Contact person: Mr. J. C. Kadam Tel: +91 - 22-2784 1010 EXT. 10229.1 Envelope 1: Technical Bid containing following documents:(a) Supporting document for BQC.(b) One set of <strong>tender</strong> document duly stamped and signed on each page.(c) Four sets (one original + Three photo copies) of Technical Bid(d) Four sets (one original + Three photo copies) of Un-priced CommercialBid(e) One soft copy in CD of Technical Bid and Un-priced Commercial Bid.The soft copy is only for reference and only hard copies submitted will be considered forevaluation.29.2 Envelope 2: Price Bid containing following documents:Format for Submitting Prices with duly filled prices in Original.Each envelope shall be super scribed with the names of documents it contains.29.3 The bidders shall ensure submission of prices without any erasures or corrections withsignatures in original on the priced sheet(s) of the original bid. Bidders shall also specify totalbid price, wherever applicable, in figures as well as in words.29.4 The bidders shall ensure submission of prices without any erasures or corrections withsignatures in original on the priced sheet(s) of the original bid. Bidders shall also specify totalbid price, wherever applicable, in figures as well as in words.30.0 ORDER OF PRECEDENCEThe following order of precedence shall be followed in case of any conflict between variousparts of the <strong>tender</strong> specifications:• Commercial and General Part• Corrigendum, if any Instructions to Bidders Special Purchase Conditions GeneralPurchase Conditions Technical Part• Corrigendum, if any Drawings and Data Sheets Specification write up Codes andStandards The Bidder shall bring to the notice of SDCPL/BPCL any such variations /conflicts between various parts of the <strong>tender</strong> and obtain approval before proceedingwith such information for engineering/design.Page 12 of268


CUT-OUT SLIPS TO BE USED BY VENDORS FOR PASTING ON COVER /ENVELOPES CONTAINING BIDSCOVER 1 CONTAINS1 Sealed envelope no. 1: Containing four sets “Technical Bid” and “Un-pricedCommercial Bid” and Documents related to Bid Qualification Criteria.2 Sealed envelope no. 2: Containing Original Priced bidClient : BHARAT PETROLEUM CORPORATION LTDPMC : M/s. STRUCTWEL DESIGNERS & CONSULTANTS PVT LTD..Project: Relocation of Existing Shop Complex at BPCL Mahul RefineryTender No. : -------------------------------------------------------------------------------------------Item : -------------------------------------------------------------------------------------------Bid due date & time : ----------------------------------------------------------------------------------From:To,M/s Structwel Designers & Consultants Pvt. Ltd..Plot No.15, Sector-24, Off. Sion-Panvel Highway, Turbhe,Navi Mumbai – 400 705,Phone:022-27841010 Fax: 022-27841007.Contact person: Mr. J. C. Kadam(To be pasted on the sealed Cover containing envelope no. 1 & envelope no. 2)Page 13 of268


DO NOT OPEN – THIS IS A QUOTATION(ENVELOPE NO. 1: CONTAINS TECHNICAL & UN-PRICED COMMERCIAL BID)Client : BHARAT PETROLEUM CORPORATION LTDPMC : M/s. STRUCTWEL DESIGNERS & CONSULTANTS PVT LTD.Project : Relocation of Existing Shop Complex at BPCL Mahul RefineryTender No. : -------------------------------------------------------------------------------------------Item : -------------------------------------------------------------------------------------------Bid due date & time : ----------------------------------------------------------------------------------From: ______________________________________________________________(To be pasted on the envelope containing TECHNICAL & UNPRICED COMMERCIAL BID)Page 14 of268


Ref............................... Date:OPENING AND PRICE BID OPENINGTO,STRUCTWEL DESIGNERS & CONSULTANTS PVT LTD., Plot No.15, Sector-24, Off. Sion-PanvelHighway, Turbhe, Navi Mumbai – 400 705, Phone: 022-27841010 Fax: 022-27841007.Attn: Mr. J. C. KadamDear Sir,We........................................hereby authorize the following representative(s) to attend the un-pricedand priced bid opening against your Tender No. SDCPL-SP-1149-M-011 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...........................NOTE:For & on behalf of..............................This Letter of Authority should be on the letterhead of the bidder and should be signed by a personcompetent and having the power of attorney to bind the bidder.Page 15 of268


(To be filled by Bidder)The BIDDER shall indicate below all deviations from the General Conditions:SL.NO.1.2.3.4.5.6.7.8.9.10.SECTION NO.SPECIFICATIONNO.PARADEVIATIONThe Bidder hereby certifies that the above mentioned are the only deviations from thePurchaser’s/Consultant’s General Conditions for this Enquiry Document. The Bidder furtherconfirms that in the event any other data and information presented in the Bidder’s proposaland accompanying documents including drawings and catalogues etc. are at variance with thespecific requirements laid out in the purchaser’s/Consultant’s General Conditions, the lattershall govern and shall be binding on The Bidder without any price implication.COMPANY SEALSIGNATURENAMEDESIGNATIONCOMPANYDATEPage 16 of268


SCHEDULE OF DEVIATIONS FROM TECHNICAL SPECIFICATIONS(To be filled by the bidder)The BIDDER shall indicate below all deviations from the Technical Specifications:SL.NO.1.2.3.4.5.6.7.8.9.10.SECTION NO.SPECIFICATIONNO.PARADEVIATIONThe Bidder hereby certifies that the above mentioned are the only deviations from thePurchaser’s/Consultant’s Technical Specifications for this Enquiry Document. The Bidderfurther confirms that in the event any other data and information presented in the Bidder’sproposal and accompanying documents including drawings and catalogues etc. are atvariance with the specific requirements laid out in the Purchaser’s/Consultant’s TechnicalSpecifications, the latter shall govern and shall be binding on the Bidder without any priceimplication.COMPANY SEALSIGNATURENAMEDESIGNATIONCOMPANYDATEPage 17 of268


SCHEDULE OF RATESPage 18 of268


The price should be submitted in the format given below on bidder’s Company’s letterhead.“ALL BIDDERS MUST SUBMIT THEIR PRICE BIDS ALONG WITH ALL THE SHEETS IN ORIGINAL. ALL SHEETSINCUDING ANY ATTACHMENTS ETC. MUST BE SIGNED AND STAMPED ON ALL THE PAGES AND THE ENVELOPEMUST BE SEALED WITH ADHESIVE ON ALL THE SIDES. NON COMPLIANCE TO THIS CONDITION SHALLRESULT IN REJECTION OF OFFER.”Sr. No. Descriptions Qty. Unit rate Total PriceASUPPLY PORTIONa <strong>EOT</strong> CRANESupply of <strong>EOT</strong> Crane of capacity (15 / 5) MT iniConstruction shop , as per attached TenderspecificationSupply of <strong>EOT</strong> Crane of capacity ( 5) MT inii Transport shop , as per attached TenderspecificationSupply of <strong>EOT</strong> Crane of capacity (10 / 10) MT iniii Heat exchanger shop , as per attached TenderspecificationSupply of <strong>EOT</strong> Crane of capacity (20 / 5) MT inivMachine shop , as per attached Tender specificationSupply of <strong>EOT</strong> Crane of capacity (5) MT in Machinevshop , as per attached Tender specificationSupply of <strong>EOT</strong> Crane of capacity (5) MT invi Instrument shop , as per attached TenderspecificationSupply of <strong>EOT</strong> Crane of capacity (15 / 5) MT invii Electrical shop , as per attached TenderspecificationTOTAL COST OF SUPPLY (I to VII)1 Total Ex-works Price2 Excise duty @ ________ %Sales Tax / MVAT on Basic + Excise duty3@ ______ %4Freight in terms of percentage on Basic cost(including all taxes and duties)5 Octroi @ __________% on above totalOctroi service charge @_______% on octroi6amount7 Supply Cost incl Taxes/Duties8 Cenvat Benefit1111211Amount inwordsB1SERVICES PORTION (If applicable)Installation and commissioning and testing (For8 nos of <strong>EOT</strong>)Page 19 of2681 L.S


2 Service Tax @ __________ %3 Services Cost incl Taxes/DutiesCSupply & Services Cost incl Taxes/DutiesDComprehensive Annual Maintenance Contract(AMC)1 Comprehensive AMC for 1st Year Lumpsum2 Comprehensive AMC for 2nd Year Lumpsum3 Comprehensive AMC for 3rd Year Lumpsum4 Comprehensive AMC for 4th Year Lumpsum5 Comprehensive AMC for 5th Year Lumpsum6 Comprehensive AMC for 6th Year Lumpsum7 Comprehensive AMC for 7th Year Lumpsum8 Total AMC basic cost for 7 years LumpsumThe bidder shall include in his price, the cost of all documentation as per the enquiryspecifications.All necessary statutory Licensed, approvals, etc. for the manufacture and supply,shall be vendor’s responsibility at no extra cost to the purchaser.Page 20 of268


Special Purchase Conditions (SPC)TABLE OF CONTENTS1.0 PAYMENT TERMS2.0 RETENTION MONEY3.0 TAXES & DUTIES4.0 COMPLETION PERIOD5.0 DELAYED DELIVERY6.0 COMPENSATION FOR DELAY7.0 INSPECTION AND TESTING8.0 BID EVALUATION & PLACEMENT OF ORDER9.0 TECHNICAL AND COMMERCIAL LOADING10.0 FORMAT FOR SUBMITTING PRICE11.0 INTERPRETATION OF CONTRACT DOCUMENTS12.0 APPROVED VENDORS FOR MAJOR BOUGHT OUT ITEMS13.0 IRRECONCILABLE CONFLICTSPage 21 of 268


1.0 PAYMENT TERMSA) Supply:a) 90% within 30days after receipt and acceptance of the crane including allthe associated items like rail, cables, electrical fittings etc in BPCL premisesincluding all the necessary documents.b) 10% of supply value against erection and load testing of cranes at site,submission of PBG for 10% of total order value.B) Site Work:a) 90% against successful mechanical erection, commissioning and load testingof Individual cranes at site as per the applicable SORb) 10% against completion of all site work and on submission of BG ofequivalent amount.2.0 RETENTION MONEYIn lieu of retention money for Erection, Commissioning and Load testingcharges, contractor shall submit bank guarantee of 10% of contract item ratetowards erection, commissioning and load testing along withacknowledgement of purchase order valid for defects liability period of 12months.3.0 TAXES & DUTIES:3.1 Any Statutory variation in excise duty / VAT / Service Tax , within the contractualcompletion period , shall be on owner’s account, against submission ofdocumentary evidence. However, in case of delay in completion beyond thecontractual date, for reasons not attributable to SDCPL/BPCL, any increase inthese rates shall be borne by seller, whereas any decrease shall be passed on tothe owner.3.2 Further, in case of delay in delivery, due to reasons attributable to seller, any newor additional taxes, duties or levies imposed after the contractual delivery dateshall be on seller’s account.3.3 For the purpose of applicability of statutory variations on trade tax/sales tax,excise duty and education cess (including imposition of any newtaxes/duties/levies, etc.) under above terms, each staggered delivery lot (due in aspecific month as per delivery schedule) shall be considered delivery date for therespective lot(s).3.4 Foreign Exchange Rate Variation/Custom Duty Variation for Indian Bidders (OnBuilt-In Import Content): Prices shall remain firm and fixed without any escalationfor statutory variation in customs duty rate and on account of FE variation.Page 22 of 268


4.0 COMPLETION PERIOD:4.1 For Supply Order: Within 2.5 Months from the date of placement of LOI on FOTsite basis.4.2 For Work Order: Within 1 Months from the date of call for erection. Call forerection shall be given any time after 2.5 months from the date of placement ofLOI for supply order.The total contract duration shall be 3.5 months from the date of award5.0 DELAYED DELIVERY (FOR SUPPLY PORTION):Clause no. 9 of the General Purchase Conditions for Indigenous Materials andEquipments shall be applicable for the supply order.6.0 COMPENSATION FOR DELAY:In case of delays in completing works in the stipulated time, Owner reserves theright to recover liquidated damages at 0.5 % of the work order value for everyweek of delay or part there of subject to a maximum of 5 % of the work ordervalue until the work is satisfactorily completed and handed over. Such damagesmay be deducted by the Owner from any money due to the Contractor and anyfurther amount due from the Contractor.7.0 INSPECTION AND TESTING7.1 Third Party Inspection Agency where ever applicable shall be nominated by BPCL.In general the following TPIA’s are in the approved list viz. Lloyds, DNV, BV orequivalent. However the bidder has option to specify in his bid the choice of theequivalent TPIA with supporting documents of PTR.7.2 In addition to any tests to be conducted by the Vendor under the Contract or anyapplicable codes or standards, the Material(s) shall be subject to inspectionand/or testing by Inspector(s) (including Third Party Inspector(s)) at any timeprior to shipment and/or dispatch and to final inspection within a reasonable timeafter arrival at the Project Site. The Inspector(s) shall have the right to carry outthe inspection or testing, which will include inspection and testing of the rawmaterials at manufacturers shop, at fabricators shop and at the time of actualdispatch before and/or after completion of packing.7.3 In addition to testing and inspection by Inspectors, BPCL may nominate aninstitutional agency like Boiler-Inspectorate for official testing of codedequipment. The Vendor shall ensure that all procedures for preparation andperformance of tests prescribed by such institution shall be scrupulouslycomplied and observed.7.4 Unless otherwise specified in the Contract, the inspection shall be carried out asper the relevant standards/scope of inspection provided along with the TenderEnquiry/Purchase Order. All charges for Third Party Inspectors shall be borne bythe Vendor and BPCL shall reimburse these charges at actual against documentaryPage 23 of 268


proof of payment (limited to the amount indicated in the Contract towards thirdparty inspection,) unless such inspection has become in fructuous for any cause.7.5 All manufacturers’ mill test certificates and analytical reports from materiallaboratories in respect of raw materials employed and components incorporatedshall have to be presented by the Vendor.7.6 Before shipping or dispatch, the Material(s) will have to be checked and stampedby the Inspector(s) who may forbid the use and dispatch of any equipment and/orMaterial(s) which during tests and inspection fail(s) to comply with thespecifications, codes and testing or other contractual requirements applicablethereto, and the Vendor shall not <strong>tender</strong> such rejected Material(s) for supply toBPCL nor shall incorporate the same in any Material(s) to be <strong>tender</strong>ed for supplyto BPCL.7.7 The Vendor will inform BPCL at least eight (8) days in advance of the exact place,date and time of <strong>tender</strong>ing the Material(s) for required inspection and providefree access to the Inspector(s) during normal working hours at Vendor’s or his/itssub-Suppliers’ works, and place at the disposal of the Inspector(s) all useful meansfor undertaking the Inspection, checking the results of tests performed, markingthe Material(s), getting additional tests conducted and final stamping of theMaterial(s).7.8 All tests will be performed at the Vendors’ expense and if required by theInspector(s), shall be conducted in accordance with the Inspector’s instructions.The Vendor shall also bear the expense for the preparation and rendering of testsrequired by the Boiler Inspectorate or other statutory testing or certifyingagencies/institutions.7.9 Unless otherwise specified, all charges for the Inspection shall be borne by theVendor.7.10 BPCL may, at its own expense, have its representative(s) witness any test orinspection. In order to enable BPCL’s / SDCPL’s representative(s) to witness thetests/inspections, the Vendor shall notify BPCL/SDCPL at least 15 (fifteen) days inadvance, of the schedule of all inspection hold points prior to the initiation ofequipment fabrication. BPCL shall be notified eight (8) calendar days in advance ofany changes in the schedule of inspection. BPCL will advise the Vendor in advancewhether it intends to have its representative(s) be present at any of theinspections.7.11 Even if the inspection and tests are fully carried out, the Vendor shall not beabsolved from its responsibilities to ensure that the Material(s), raw materials,components and other inputs are supplied strictly to conform and comply with allthe requirements of the Contract at all stages, whether during manufacture andfabrication, or at the time of Delivery as on arrival at site and after its erection orstart up or consumption, and during the defect liability period. The inspectionsand tests are merely intended to prima facie satisfy BPCL that the Material(s) andthe parts and components comply with the requirements of the Contract.Page 24 of 268


7.12 The Vendor’s responsibility shall also not be anywise reduced or dischargedbecause BPCL or BPCL’s representative(s) or Inspector(s) shall have examined orcommented on the Vendor’s drawings or specifications or shall have witnessedthe tests or required any chemical or physical or other tests or shall have stampedor approved or certified any Material(s).7.13 Unless otherwise specifically permitted by the Contract, no Material(s) shall bedispatched for delivery or delivered under the Contract without being stamped orotherwise approved for delivery by the Inspector(s).7.14 Notwithstanding approval by the Inspector(s), if on testing and/or inspectionafter receipt of the Material(s) at Project Site, any Material(s) is/are found not tobe in strict conformity with the contractual requirements or specifications, BPCLshall have the right to reject the same and hold the Vendor liable for nonperformanceof the Contract.8.0 BID EVALUATION & PLACEMENT OF ORDER:8.1 Bids shall be evaluated on the basis net effective price (i.e. landed cost at siteincluding all taxes and duties, freight charges and third party inspection charges(if applicable) minus CENVAT benefit / set off available to BPCL ) as a package forthe entire scope of supply and site work as per technical specifications.Commercial evaluation shall be based on the lowest of sum of all the SOR itemstowards supply of 8 nos. <strong>EOT</strong> cranes, Erection / commissioning / load testing andComprehensive AMC charges for a period of 7 years. Order for all the cranes shallbe awarded to single bidder only.8.2 Spares:a) Vendors shall quote for Seven years comprehensive AMC. The cost of AMC shallbe considered for evaluation.b) Commissioning spares and special tools and tackles, if specifically required andmentioned in the enquiry / offer, shall be included in their quoted price list..However, suppliers shall be fully responsible and no additional cost shall be paidby BPCL in case commissioning spares/special tools and tackles over and abovethose quoted by suppliers are required.8.3 Inspection Charges:TPI charges shall not be applicable for Indian vendors as the materials supplied byIndian vendors shall be inspected by SDCPL. TPI if any for indigenous itemsdecided by owner, charges will be borne by BPCL.8.4 Other Conditions Related To The Bid Evaluation:i. Canvassing in any form will make the bid liable for rejection.ii. Unsolicited clarifications to the offer and/or change in prices during its validityperiod would render the bid liable for outright rejection.Page 25 of 268


iii. Bidders are advised to ensure that their bids are complete in all respects andconform to our terms, conditions and Bid Evaluation criteria (applicable only forpress <strong>tender</strong>s / contracts) of RFQ. Bids not complying with Owner’s requirementmay be rejected without seeking any clarifications.v. Bid should be complete covering the individual item wise total scope of workindicated in the Bid documents.vi. OWNER reserves the right to split the quantities / items of the RFQ / Tenderwhile placement of order between more than one vendors as required.vii. OWNER also reserves the right to consolidate the quantities of RFQ / Tenderwhere it is commercially prudent to place single order.1.5 Separate orders, one for supply part , one for site work and One forcomprehensive AMC shall be placed on the successful bidder. Successful bidder onwhom the orders will be placed shall be responsible for the entire scope of supplyand site work and satisfactory performance / operation of the equipment.For comprehensive AMC , vendor shall quote the rates and approval for the sameshall be taken. However, the Purchase order for comprehensive AMC shall beplaced separately on annual basis after guarantee/ warranty period.9.0 TECHNICAL AND COMMERCIAL LOADINGa) Basis of LoadingThe Foreign Bids shall be loaded on FOB Port of Exit prices and the Indian Bidsshall be loaded on FOT Dispatch Point prices.b) Technical Loading:Technical loading , cost loading in respect of utilities etc., if applicable shall beconsidered as stipulated in technical specifications.c) Commercial Loading:i) Differential Payment TermsAny differential payment terms offered by a supplier as against the termsspecified in the SPC shall be loaded @ 15% simple interest per annum for theapplicable period. In case a supplier asks for release of final payment (due afterreceipt and acceptance of materials) along with dispatch documents, loading forone month will be considered.ii) Deviation to Performance Bank Guarantee (PBG) clause:Performance Bank Guarantee by vendors (for 10% of order value) shall befurnished. However, for order value up to Rs. 10.00 lakh, PBG will not beapplicable. In case a supplier offers to give a PBG for less than 10% of ordervalue, or for a lesser period than what is provided in GPC / SPC / ITB loadingshall be done for the differential amount and/ or the differential period.Page 26 of 268


For differential period/ amount loading, the following example will amplify themethodology (if GPC / SPC / ITB specifies 10% PBG/CPBG for 18 months):For differential period:10% for 18 months - No loading10% 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 AmountAmount Offered by BidderLoadinga) 10% Nilb) Less than 10% Differential between the offeredpercentage and 10%iii) DEVIATION TO DELAYED DELIVERY CLAUSE (FOR SUPPLY PORTION):In case a vendor does not accept the clause or takes exception to the percentagerate, loading shall be done to the extent of maximum of 5% of the order value orthe differential percentage not agreed by the vendor.iv) DEVIATION TO COMPENSATION FOR DELAY (FOR WORK ORDERPORTION):In case a vendor does not accept the clause or takes exception to the percentagerate, loading shall be done to the extent of maximum of 5% of the order value orthe differential percentage not agreed by the vendor.v) Freight charges:Indian Suppliers shall quote firm freight charges up to destination by roadtransport. If a vendor does not quote freight charges, his offer shall be loadedwith maximum freight charges as quoted by the other bidders or prorated(with respect to approx. distance) on maximum freight charges as quoted bythe other bidders whichever is more.vi) Octroi Charges: Bidders to quote octroi charges in terms of % as applicable atthe time of bidding. If Octroi is not applicable, bidder shall clearly state “ NotApplicable” . If a bidder does not quote octroi charges or mentions only “Asapplicable”, his offer shall be loaded with maximum octroi charges asapplicable/quoted by the other bidders.vii) Material is required at BPCL warehouse/site on door delivery basis. Freight &octroi shall be paid by the supplier. Freight shall be paid by BPCL as perPage 27 of 268


Purchase Order conditions. Octroi will be reimbursed at actual on documentaryproof, subject to maximum Octroi charges as indicated in the price bids.viii) 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 presentand will be charged as applicable at the time of delivery then his bid shall beloaded by the maximum rate of taxes/duties applicable as on the date of pricevaluation.10.0 FORMAT FOR SUBMITTING PRICEAs mentioned in Schedule of rates.11.0 INTERPRETATION OF CONTRACT DOCUMENTS11.1 The several Contract Documents forming the Contract are to be read togetheras a whole and are to be taken as mutually explanatory.11.2 Should there be any doubt or ambiguity in the interpretation of the ContractDocuments or in any of them, the Vendor shall prior to commencing the relativesupply or work for supply under the Contract apply in writing to BPCL forresolution of the doubt or ambiguity. Should the Vendor fail to apply to BPCLwithin 7 days from the date of receipt of the Order for its clarification as aforesaid,the Vendor shall perform the relative work and/or make the relative supply at hisown risk.11.3 Any item of supply or service relative thereto shown, indicated or included byexpression or implication in any document forming part of the Contract shall bedeemed to form part of the Scope of Supply with the intent that the indication orinclusion of the supply or service within any of the said documents shall be asufficient indication of the Scope of Supply or service covered by the Contract.11.4 No verbal agreement or assurance, representation or understanding given byany employee or officer of BPCL/SDCPL or so understood by the Vendor shallanywise bind BPCL or alter the Contract Documents unless specifically given inwriting and signed by or on behalf of BPCL as an Agreed Variation to the relativeterm(s) in the Contract Document(s).11.5 Clause headings given in this or any other Contract Documents are intendedonly as a general guide for convenience in reading and segregating the generalsubject of the various clauses, but shall not govern the meaning or import of theclauses there under appearing or confine or otherwise affect the interpretationthereof.12.0 APPROVED VENDORS FOR MAJOR BOUGHT OUT ITEMS:All major bought out items shall be sourced from approved vendor as per attachedapproved vendor list.Page 28 of 268


13.0 IRRECONCILABLE CONFLICTSIn the event of an irreconcilable conflict between the provision of GeneralPurchase Conditions and/or the Special Purchase Conditions and/or Addendum(s) and/or the Agreed Variations to the Tender Documents and/or the PurchaseOrder and/or between any of the other said documents so that the conflictingprovision(s) cannot co-exist, to the extent of such irreconcilable conflict, thefollowing order of precedence shall apply so that the conflicting provision(s) inthe document lower in the order of precedence set out below shall give way to theconflicting provision(s) in the document higher in the order of precedence,namely:(i) Purchase Order;(ii) Addendum(s) / Addenda (s) to the Tender Document;(iii) Special Purchase Conditions;(iv) General Purchase Conditions;(v) General Conditions of Contract(vi) Other Contract Documents.Page 29 of 268


Commercial Questionnaire(FOR INDIGENOUS MATERIALS AND EQUIPMENT)Vendor Name: M/s. _______________________________________________________________Enquiry No.__________________________________________________________________Vendor’s Offer Ref. No. : ___________________________________________________________Tel No. ____________________________________ Fax No._____________________________Contact Person : ______________________________E-Mail _____________________________1 DULY SIGNED & STAMPED COPIES OF THIS “QUESTIONNAIRE”, WITH ALL THE CLAUSESDULY CONFIRMED/ PRECISELY REPLIED TO BY THE VENDOR, SHALL BE ENCLOSED WITHEACH AND EVERY SET OF VENDOR'S UNPRICED QUOTATION.2 FAILURE ON THE PART OF VENDOR IN NOT RETURNING THIS DULY FILLED-UP"QUESTIONNAIRE WITH ALL THE SETS OF UNPRICED QUOTATION AND/OR SUBMITTINGINCOMPLETE REPLIES MAY LEAD TO REJECTION OF VENDOR'S QUOTATION”.S.No. DESCRIPTION VENDOR’S CONFIRMATIONBid rejection criteria:123Bidders shall note the bid rejection criteria as indicated in ITB.Provisions of these clauses must be adhered to without anydeviations, failing which the bid shall be considered to be nonresponsiveand may be rejected.Bid Validity period:Confirm Offer validity of FOUR MONTHS from final bid due date.Defects Liability Period:Confirm acceptance of defect liability period clause as indicatedin Special Purchase Conditions.NotedConfirmed / Not Confirmed referdeviation sheetValidity: _______Months from biddue date.Accepted / Not accepted referdeviation sheet4Performance Bank Guarantee:Confirm acceptance of performance guarantee clause asindicated in Special Purchase Conditions & General PurchaseConditions.(Applicable for order value of Rs. 10.00 lakhs and above.)Accepted / Not accepted referdeviation sheet5678Delivery Period:Please confirm delivery period from the date of LOI as per clause4 of Special Purchase Conditions (SPC).Technical and Commercial Loading:Bidders shall note loading criteria as mentioned in the SpecialPurchase Conditions (SPC)Payment Terms:Confirm acceptance of payment terms as indicated in SpecialPurchase Conditions (SPC) for Indigenous Materials &Equipments.Prices have been furnished as per “Format For Submitting Price”indicated in Special Purchase Conditions (SPC)Quoted delivery period: _______delivered at site from the date offax of acceptance.NotedAccepted / Not accepted referdeviation sheetFurnished / Not furnished referdeviation sheetPage 30 of 268


S.No. DESCRIPTION VENDOR’S CONFIRMATION910All bidders must submit their price bids along with all thesheets in original. All sheets including any attachments etc.Must be signed and stamped on all the pages and theenvelope must be sealed with adhesive on all the sides. Noncompliance to this condition shall result in rejection of offer.Firmness of prices:Quoted prices shall remain firm and fixed till completeexecution of the order.Noted & ConfirmedNoted & Confirmed11Confirm that the prices quoted are inclusive of packing &forwarding charges.12 Confirm that Prices quoted are on FOT Dispatch point basis ConfirmedConfirmed / Quoted separately13Material is required at BPCL warehouse/site on doordelivery basis.Accepted / Not accepted referdeviation sheet14 Specify Dispatch PointMaterial shall be dispatchedfrom :____________________State:____________________151617Transit risk insurance shall be covered by BPCL and thesame has not been included in the quoted prices.a) Freight charges: Bidders to quote freight charges interms of % of basic quoted price.b) Bidders to confirm that no other taxes & duties areapplicable on transportation charges.Octroi Charges: Bidders to quote octroi charges in terms of% as applicable current rate.Octroi service charges -Bidders to quote as % of octroicharges, if applicable.Noted and confirmedQuoted in terms of % / Includedin basic priceApplicable _________ % / NotapplicableApplicable __________ % / NotapplicableApplicable __________ % ofOctroi / Not applicable181920212223Taxes & Duties: Any differential in taxes and duties will becost loaded on case to case basis. However, if a supplierstates that taxes/duties are not applicable at present and willbe charged as applicable at the time of delivery then his bidshall be loaded by the maximum rate of taxes/dutiesapplicable as on the date of price evaluation.Excise Duty:a. Tarrif sub heading no.b. Present rate of Excise Duty payable extra on finishedproducts (including spares).c. Maximum rate applicable (If present rate is nil orconcessional)Please indicate following break-upa. Cenvatable Excise Dutyb. Non Cenvatable Excise DutyOnly statutory variations, if any, in the present rate of exciseduty, up to the contractual delivery period shall be to Owner'saccount subject to documentary evidence to be furnished bythe vendor.Any variation in Excise duty at the time of supplies for anyreasons, other than statutory including variations due toturnover, shall be borne by vendor.Material supplied will be eligible for CENVAT Credit andvendor shall furnish all documents as required to avail thesame.Accepted / Not accepted referdeviation sheetAcceptedAcceptedAcceptedPage 31 of 268


2425262728Sales tax payable extra, Specify CST/ MVAT and the presentrate applicableIn case of CST, C form shall be provided In case of MVAT,no concessional form shall be providedOnly statutory variations, if any, in the present rate ofCST/MVAT, upto contractual delivery period shall be toOwner's account subject to documentary evidence to befurnished by the vendor.If CST/MVAT is not applicable at present due to any reason,the same shall be borne by vendor if it becomes applicablelater.Any new or additional taxes/ duties and any increase in theexisting taxes/duties imposed after contractual delivery shallbe to Vendor’s account whereas any corresponding decreaseshall be passed on to the Owner.CST: ________% against formC MVAT:_________%NotedAcceptedAcceptedAccepted293031323334353637Confirm that the prices quoted are without any price variationclauseTesting and Inspection charges: Goods and services aresubject to stage wise and final inspection by Owner/ SDPCLfor which no extra charges shall be payable by Owner.Travel, living and personnel expenses of Owner’s inspectorsshall be borne by Owner. Travel, living and personnelexpenses of SDPCL’s inspectors shall be borne by SDPCL.All built in import content shall be subjected to inspection byThird Party Inspection Agency nominated by BPCL for whichcharges are included in quoted prices and no additionalcharges will be paid by Owner.Quoted prices are inclusive of all testing and inspectionchargesSupervision Charges: Confirm that the per diem rate quotedfor supervision / onsite training (if applicable) are inclusive ofto & fro charges, local transport charges, lodging & boardingcharges.Spare Parts : (IF Applicable)a) Confirm item-wise unit price (FOB) of recommendedspare parts for two years as required in enquiry have beenquoted separately indicating itemized quantity.b) Confirm firm freight charges have been quoted extra inpercentage for 2 years spares.c) BPCL reserves the right to place order for 2 years sparesseparately, as such, confirm validity of 2 years spares up tocontractual delivery period of the equipment(s).d) Confirm that the prices of commissioning spares asrequired in the MR are included in the quoted equipmentpricesDelayed Delivery:Confirm acceptance of Delayed Delivery Clause as perGeneral Purchase Conditions (GPC).Force Majeure Clause:Confirm acceptance of Force Majeure Clause as indicated inGeneral Purchase Conditions (GPC).Arbitration Clause:Confirm acceptance of Arbitration Clause as indicated inGeneral Purchase Conditions (GPC).Part Order:a) Offers shall be evaluated line item wise and orders shallbe placed (i.e. split) on line item wise lowest bidder basis.Please Confirm acceptance of Part Order.Confirmed / Not confirmed referdeviation sheetNoted & acceptedConfirmedConfirmedApplicable / Not applicableConfirmedConfirmedConfirmedConfirmedAccepted / Not accepted referdeviation sheetAccepted / Not accepted referdeviation sheetAccepted / Not accepted referdeviation sheetAccepted / Not accepted referdeviation sheetPage 32 of 268


S.No. DESCRIPTION VENDOR’S CONFIRMATIONb) In case of part order confirm all lump sum charges quotedextra if any viz. Documentation, testing, third party, packing,crating, handling, etc., can be considered on prorate valuebasis.Repeat Order: Confirm acceptance of repeat order if orderedwithin 12 months from the date of placement of original38purchase order with same unit price(s) and terms &conditions39 Acceptance of all other terms & conditions as per attached :a) General Purchase Conditions.b) Special Purchase Conditionsc) Instructions to bidders.d) Terms & Conditions for Supervision of Erection &Commissioning (if applicable)e) Terms & Conditions for Site work(if applicable)f) Any other terms & conditions as per RFQ Bidders to submitabove documents duly signed & stamped along withdeviation sheet (if any) as token of acceptance.Accepted / Not accepted referdeviation sheetAccepted / Not accepted referdeviation sheetAcceptedORAccepted with deviations asindicated in separate deviationsheet.Submitted40Whether any of the Directors of Vendor is a relative of anyDirector of BPCL/SDPCL or the vendor is a firm in which anyDirector of BPCL/SDPCL or his relative is a Partner or thevendor is a private company in which any director ofBPCL/SDPCL is a member or Director.YES / NO414243444546Please confirm you have not been placed on black list orholiday list declared by <strong>Bharat</strong> <strong>Petroleum</strong> Corporation Limitedor SDPCLPlease confirm that you have filled in, signed and attachedthe enclosed "Proforma of Declaration of Black Listing /Holiday Listing" along with your unpriced offer.Confirm that all deviations to Technical Specifications havebeen indicated on a separate deviation sheet. Any deviationindicated in bid elsewhere other than Deviation Sheet shallnot be considered.Confirm that all deviations to Tender Conditions, GPC, SPChave been indicated on a separate deviation sheet. Anydeviation indicated in bid elsewhere other than DeviationSheet shall not be considered.All commercial deviations to Tender Conditions, GPC, andSPC will result in loading of the quoted price as indicated inSpecial Purchase Conditions (SPC).Printed terms and conditions, if any, appearing in quotation,shall not be applicable in the event of order. In case ofcontradiction between the confirmations given above andterms & conditions mentioned elsewhere in the offer, theconfirmation given herein above shall prevail.Confirm readiness for signing of integrity pact without anydeviations in the event of placement of order.(Signature of Vendor with Company seal)Name of the Authorised Signatory :Designation :Not black listed or put on holidaylist. Black listed or Put onholiday list as indicated inDeclaration of Black Listing /Holiday Listing FurnishedSeparate Technical DeviationsSheet submittedSeparate CommercialDeviations Sheet submittedNotedConfirmed & AcceptedConfirmedDate :Page 33 of 268


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General Purchase ConditionsThe following conditions shall be applicable for all procurement unless specificallymentioned in the Special Purchase Conditions.INDEX1. DEFINITIONS2. REFERENCE FOR DOCUMENTATION3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER4. LANGUAGE OF BID5. PRICE6. TAXES AND DUTIES7. INSPECTION8. SHIPPING9. INDIAN AGENT COMMISSION10. ORDER AWARD / EVALUATION CRITERIA11. CONFIRMATION OF ORDER12. PAYMENT TERMS13. GUARANTEE/WARRANTY14. PERFORMANCE BANK GUARANTEE15. PACKING & MARKING16. DELIVERY17. UNLOADING AND STACKING18. TRANSIT INSURANCE19. VALIDITY OF OFFER20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE21. RISK PURCHASE CLAUSE22. FORCE MAJEURE CLAUSE23. ARBITRATION CLAUSEPage 40 of 268


24. INTEGRITY PACT (IP)25. RECOVERY OF SUMS DUE26. CONFIDENTIALITY OF TECHNICAL INFORMATION27. PATENTS & ROYALTIES28. LIABILITY CLAUSE29. COMPLIANCE OF REGULATIONS30. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT31. NON-WAIVER32. NEW & UNUSED MATERIAL33. PURCHASE PREFERENCE CLAUSE34. CANCELLATION35. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION36. ASSIGNMENT37. GOVERNING LAW38. AMENDMENT39. SPECIAL PURCHASE CONDITIONS40 NOTICESPage 41 of 268


<strong>Bharat</strong> <strong>Petroleum</strong> Corporation LimitedGeneral Purchase Conditions1. DEFINITIONS :The following expressions used in these terms and conditions and in the purchaseorder shall have the meaning indicated against each of these:1.1. OWNER: Owner means <strong>Bharat</strong> <strong>Petroleum</strong> Corporation Limited (a Government ofIndia enterprise), a Company incorporated in India having its registered office at<strong>Bharat</strong> Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400038 and shallinclude its successors and assigns (hereafter called BPCL as a short form).1.2. VENDOR: Vendor means the person, firm or the Company / Corporation to whomthis Request for quotation (RFQ)/purchase order is issued and shall include itssuccessors and assigns.1.3. INSPECTOR: Person/agency deputed by BPCL for carrying out inspection,checking/testing of items ordered and for certifying the items conforming to thepurchase order specifications..1.4. GOODS / MATERIALS: means any of the articles, materials, machinery,equipments, supplies, drawing, data and other property and all services includingbut not limited to design, delivery, installation, inspection, testing andcommissioning specified or required to complete the order.1.5. SITE / LOCATION: means any Site where BHARAT PETROLEUM CORPORATIONLTD. desires to receive materials any where in India as mentioned in RFQ.1.6. “RATE CONTRACT” means the agreement for supply of goods/ materials betweenOwner and Vendor, for a fixed period of time (i.e till validity of Rate Contract, withno commitment of contractual quantity) on mutually agreed terms and conditions.The actual supply of goods/ materials shall take place only on issue of separatepurchase orders for required quantity as and when required by Owner.Page 42 of 268


1.7. “FIRM PROCUREMENT” means the agreement between the parties for mutuallyagreed terms and conditions with commitment of Quantity Ordered.2. REFERENCE FOR DOCUMENTATION :2.1. The number and date of Collective Request for Quotation (CRFQ) must appear onall correspondence before finalization of Rate Contract / Purchase Order.2.2. After finalization of Contract / Purchase Order: The number and date of RateContract /Purchase Order must appear on all correspondence, drawings, invoices, dispatchadvices, (including shipping documents if applicable) packing list and on anydocuments or papers connected with this order.2.3. In the case of imports, the relevant particulars of the import Licence shall be dulyindicated in the invoice and shipping documents as well as on the packages orconsignments.3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER :The right to accept the <strong>tender</strong> will rest with the Owner.4. LANGUAGE:The Bid and all supporting documentation and all correspondence whatsoeverexchanged by Vendor and Owner, shall be in English language only.5. Price :Unless otherwise agreed to the terms of the RFQ, price shall be :Page 43 of 268


Firm and no escalation will be entertained on any ground, except on the ground ofstatutory levies applicable on the <strong>tender</strong>ed items.6. TAXES AND DUTIES :All vendors shall have VAT / CST/GST/Service tax registration in the concernedState and vendor shall quote their TIN number in the quotation.6.1. EXCISE DUTY :6.1.1. Excise duty extra as applicable at the time of delivery within scheduled deliveryperiod will be payable by BPCL against documentary evidence. Vendor shallmention in their offer, the percentage of excise duty applicable at present. Anyupward variation in excise duty rates, beyond the contractual delivery period,shall be to vendor’s account.6.1.2. In case Excise Duty is not applicable at present : Excise duty due to change in turnover is not payable. If applicable in future, the same will be borne by vendor.6.1.3. Owner shall take CENVAT Credit on the material supplied for both excise duty andcess component and accordingly Excise duty / Cess should be quoted separatelywherever applicable.Vendor shall ask the transporter of the goods to hand over the copy of exciseinvoice (transporter’s copy) at the time of delivery of goods at owner’s site.6.2. SALES TAX / VAT/GST :Page 44 of 268


6.2.1. Sales Tax as applicable at the time of delivery within scheduled delivery periodwill bepayable by BPCL. Vendor shall give details of local sales tax and/oror central salestax currently applicable in their offer. The rates applicable for “CST without formC”, “CST with form C" and “VAT” shall be clearly indicated.6.2.2. Input VAT Credit may be claimed by BPCL, wherever applicable. Vendor shallsubmit the TAX invoice.6.3 Service tax :All vendors shall have service tax registration wherever applicable. BPCL mayalso claim CENVAT Credit on service tax. The vendor should quote service taxseparately, if applicable. Vendor shall submit the TAX invoice. Vendor is requiredto furnish serially numbered and signed invoice / bill / challan containing thefollowing details:a) Name, address and registration number of the service providerb) Name and address of person receiving taxable servicec) Description, classification and value of taxable service providedd) Service Tax Payable6.4 FREIGHT AND OCTROI :6.4.1 Freight: Firm freight charges to be quoted as indicated in the Tender documents.Freight shall be payable after receipt of the Material(s) at the site, unlessotherwise specified.6.4.2. Octroi and entry taxes, if any, shall be invoiced separately and shall be reimbursedby BPCL at actuals after receipt of the Material(s) at the Site against thesubmission of original documentary evidence for proof of payment of the relatedoctroi and entry taxes, as the case may be.6.5. NEW STATUTORY LEVIES :Page 45 of 268


All new statutory levies leviable on sale of finished goods to owner , if applicableare payable extra by BPCL against documentary proof, within the contractualdelivery period.6.6 Variation in Taxes/DutiesAny increase/decrease in all the above mentioned statutory levies on the date ofdelivery during the scheduled delivery period on finished materials will be onBPCL's account. Any upward variation in statutory levies after contractualdelivery date shall be to vendor’s account.7. INSPECTION :7.1. Materials shall be inspected by BPCL approved third party inspection agency ifapplicable before dispatch of materials. However, arranging and providinginspection facilities is entirely vendor’s responsibility and in no way shall affectthe delivery schedule.7.2. Scope of Inspection shall be as per RFQ. Our registered third party inspectionagencies are SGS/GLISPL/IRS/DNV/LRIS/EIL/TATA Projects/PDIL/ULIPL/RITESLTD/ITSIPL as amended time to time unless otherwise specified in the SpecialPurchase Conditions.7.3. Unless otherwise specified, the inspection shall be carried out as per the relevantOrder.standards/scope of inspection provided alongwith the Tender Enquiry/Purchase7.4. BPCL may, at its own expense, have its representative(s) witness any test orinspection. In order to enable BPCL’s representative(s) to witness thetests/inspections. BPCL will advise the Vendor in advance whether it intends tohave its representative(s) be present at any of the inspections.7.5. Even if the inspection and tests are fully carried out, the Vendor shall not beabsolved from its responsibilities to ensure that the Material(s), raw materials,Page 46 of 268


components and other inputs are supplied strictly to conform and comply with allthe requirements of the Contract at all stages, whether during manufacture andfabrication, or at the time of Delivery as on arrival at site and after its erection orstart up or consumption, and during the defect liability period. The inspectionsand tests are merely intended to prima-facie satisfy BPCL that the Material(s) andthe parts and components comply with the requirements of the Contract. TheVendor’s responsibility shall also not be anywise reduced or discharged becauseBPCL or BPCL’s representative(s) or Inspector(s) shall have examined,commented on the Vendor’s drawings or specifications or shall have witnessedthe tests or required any chemical or physical or other tests or shall have stampedor approved or certified any Material(s).7.6. Although material approved by the Inspector(s), if on testing and inspection afterreceipt of the Material(s) at the location, any Material(s) are found not to be instrict conformity with the contractual requirements or specifications, BPCL shallhave the right to reject the same and hold the Vendor liable for non-performanceof the Contract.8. SHIPPING :8.1 SEA SHIPMENT :All shipment of materials shall be made by first class direct vessels, through thechartering wing, Ministry of Surface Transport as per procedure detailedhereunder. The Foreign Supplier shall arrange with Vessels Owners orForwarding Agents for proper storage of the entire Cargo intended for the projectin a specific manner so as to faciliate and to avoid any over carriage at the port ofdischarge. All shipment shall be under deck unless carriage on deck isunavoidable.The bills of lading should be made out in favour of `<strong>Bharat</strong> <strong>Petroleum</strong> CorporationLtd.. or order'.All columns in the body of the Bill of Lading namely marks and nos., materialdescription, weight particulars etc., should be uniform and accurate and suchstatements should be uniform in all the shipping documents. The freightparticulars should mention the basis of freight tonnage, heavy lift charges, if any,surcharge, discount etc. clearly and separately. The net total freight payable shallbe shown at the bottom.Page 47 of 268


SHIPPING DOCUMENTS :All documents viz. Bill of Lading, invoices, packing list, freight memos, country oforigin certificates, test certificate, drawings and catalogues should be in Englishlanguage.In addition of the bill of lading which should be obtained in three stamped originalplus as many copies as required, invoices, packing list, freight memos,(if thefreight particulars are not shown in the bills of lading), country of origincertificate, test / composition certificate, shall be made out against each shipmentin as many number of copies as shown below.The bill of lading, invoice and packing list specifically shall show uniformly themark and numbers, contents case wise, country of origin, consignees name, port ofdestination and all other particulars as indicated under clause 2. The invoiceshall show the unit rates and net total F.O.B. prices. Items packed separatelyshould also be invoiced and the value shown accordingly. Packing list must showapart from other particulars actual contents in each case, net and gross weightsand dimensions, and the total number of packages. All documents should be dulysigned by the Vendor's authorised representatives.In the case of FOB orders, Shipping arrangements shall be made by the CharteringWingOf the Ministry of Surface Transport, New Delhi through their respectiveforwarding agents. The names and addresses of forwarding agents shall be as perSpecial Purchase Conditions. Supplier shall furnish to the respective agents the fulldetails of consignments such as outside dimension, weights (both gross and net)No of packages, technical description and drawings, name of supplier, ports ofloading, etc. 6 weeks notice shall be given by the supplier to enable the concernedagency to arrange shipping space.The bill of lading shall indicate the following :Shipper :Goverment of IndiaConsignee : <strong>Bharat</strong> <strong>Petroleum</strong> Corporation Ltd.Page 48 of 268


In case of supplies from USA, Export Licences, if any required from the AmericanAuthorities shall be Obtained by the U.S. Suppliers. If need be assistance forobtaining such export licences would be available from India Supply Mission atWashington.8.2 AIRSHIPMENT :In case of Airshipment, the materials shall be shipped through freight consolidator(approved by us). The airway bill shall be made out in favour of BHARATPETROLEUM CORPORATION LTD.TRANSMISSION OF SHIPPING DOCUMENTS :Foreign Supplier shall obtain the shipping documents in seven complete setsincluding three original stamped copies of the Bill of Lading as quickly as possibleafter the shipment is made, and airmail as shown below so that they are receivedat least three weeks before the Vessels arrival. Foreign Supplier shall be fullyresponsible or any delay and / or demurrage in clearance of the consignment atthe port due to delay in transmittal of the shipping documents.If in terms of letter or otherwise, the complete original set of documents arerequired to be sent to BPCL through Bank the distribution indicated below willconfine to copies ofdocuments only minus originals.DocumentsBPCL (Mumbai)Bill of Lading4 (including 1 original)Invoice 4Packing List 4Freight Memo 4Country of Origin Certificate 4Page 49 of 268


Third party inspection certificate 4Drawing 4Catalogue 4Invoice of Third Party 4for inspection charges whenever applicable.9. INDIAN AGENT COMMISSION :Any offer through Indian agents will be considered only after authorizationmentioning them as Indian agents, is received from Vendor. Indian agentscommission if applicable will be payable only in Indian currency. Indian agentsshould be registered with Directorate General of Supplies and Disposals,Government of India and agency commission will be payable only afterregistration with DGS&D, New Delhi.10. ORDER AWARD / EVALUATION CRITERIA :Unless otherwise specified, Order award criteria will be on lowest quote landedprice basis. Landed price will be summation of Basic Price, Packing & ForwardingCharges, Excise Duty, Sales Tax, Freight, Inspection, Octroi, Supervision ofInstallation & Commissioning and other taxes & levies, loading etc, if any, reducedby cenvat/vat credit as applicable.11. CONFIRMATION OF ORDER :The vendor shall acknowledge the receipt of the purchase order within 10 days ofmailing the same. The vendor shall sign, stamp the acknowledgement copy of thepurchase order and return the same to BPCL.12. PAYMENT TERMS :12.1. Unless otherwise specified, 100% payment shall be made within 30 days fromdate of receipt and acceptance of materials at Site against submission ofPage 50 of 268


Peformance Bank Guarantee (PBG) for 10% of basic order value if PBG isapplicable for the <strong>tender</strong>.12.2. In the case of imports, payment will be made on submission of original documentsdirectly to Owner (Telegraphic Transfer-TT) or through Bank (Cash againstdocuments-CAD) or through irrevocable Letter of Credit.12.3. Unless otherwise mentioned, the specified documents (All documents listedbelow (oneoriginal and two copies)) should be submitted to originator of P.O. (the name andcontact details of whom are given in PO) and payments for despatches will bemade by the originator of Purchase Order :a) Invoiceb) Excise invoicec) The Lorry Receipt of the consignmentd) Packing list for the consignmente) Third Party Inspector’s Certificate covering the invoiced Material(s)/Release Note, wherever applicablef) Manufacturers Test/Composition Certificate, wherever applicableg) Drawing(s)/Catalogue(s) covering the Material(s) , wherever applicableh) Guarantee/Warranty Certificate(s), wherever applicable.i) Original Receipt for Octroi/other statutory levies as applicable.j) Performance Bank Guarantee as applicable.13. GUARANTEE/WARRANTY :13.1. Materials shall be guaranteed against manufacturing defects, materials,workmanship and design for a period of 12 months from the date ofcommissioning or 18 months from the date of dispatch whichever is earlier.Warranty for replacement of material / accessories should be provided free ofcharges at our premises. The above guarantee/warranty will be withoutPage 51 of 268


prejudice to the certificate of inspection or material receipt note issued by us inrespect of the materials.13.2. All the materials including components and sub contracted items should beguaranteed by the vendor within the warranty period mentioned above. In theevent of any defect in the material, the vendor will replace / repair the material atBPCL’s concerned location at vendor’s risk and cost on due notice.13.3. In case, vendor does not replace / repair the material on due notice, rejectedmaterial will be sent to the vendor on “Freight to pay” basis for free replacement.Material after rectification of defects shall be dispatched by the vendor on “FreightPaid” basis. Alternatively, BPCL reserves the right to have the material repaired /replaced at the locations concerned, at the vendor’s risk, cost and responsibility.13.4. The Vendor shall provide similar warrantee on the parts, components, fittings,accessories etc. so repaired and / or replaced.14. PERFORMANCE BANK GUARANTEE :14.1. Vendor will have to provide Performance Bank Guarantee for 10% of the basicvalue of purchase order unless otherwise specified. This bank guarantee shall bevalid (shall remain in force) for guarantee period (as mentioned in the guaranteeclause), with an invocation period of six months thereafter. In the case ofIndigenous vendors, the Performance Bank Guarantee shall be given on a nonjudicialstamp paper of appropriate value (currently Rs 100). PBG format is as perAnnexure I.In case, PBG is not provided by the Vendor, 10% of the basic value shall beretained in lieu of PBG, till the expiry of guarantee and claim period.In the case of imports, the Supplier shall furnish the Performance Bank Guarantee(as per Annexure I) through the following :a) Branches of Indian scheduled banks operating in their Country.b) Foreign bank operating in their Country which is counter guaranteed bybranches of Indian scheduled banks operating in their Country/India.c) Indian branches of foreign banks.Page 52 of 268


d) Foreign bank operating in their Country counter guaranteed by their IndianbranchHowever, in respect of c) and d) above, the Indian branch of foreign banks shouldbe recognized as scheduled bank by Reserve Bank of India.14.2. If Vendor wants to submit the PBG at Contract level to avoid multiple number ofPBG (i.e. PBG issued against every purchase/call off order) then the validity ofPBG will be calculated as mentioned below :14.2.1. Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + RateContract Period (validity of Rate Contract) + Contractual Delivery Period ofmaterial + Contractual Guarantee period + 6 month (for invocation / Claim).15. PACKING & MARKING :15.1 PACKING :15.1.1 Packing shall withstand the hazards normally encountered with the means oftransportfor the goods of this purchase order including loading and unloading operationboth by crane and by pushing off.In the case of imports, all equipments / materials shall be suitably packed inweather proof, seaworthy packing for ocean transport under tropical conditionsand for rail or road or other appropriate transport in India. The packing shall bestrong and efficient enough to ensure safe preservance upto the final point ofdestination.Raw/Solid wood packaging material of imported items has to be appropriatelytreated & marked as per International Standard of Phytosanitary Measures (ISPM-15") for material originating from the contracting countries to the InternationalPlant Protection Convention or the members of Food & Agriculture Organization.Material from non-contracting parties would have to be accompanied by aphytosanitary certificate of the treatment endorsed. The Custom Officer at IndianPort shall not release the material without appropriate compliance of the aboveprovisions w.e.f. 01.11.2004.Page 53 of 268


15.1.2 The packing specification incorporated herein are supplementary to the internaland external packing methods and standards as per current general rules of J.R.A.Good Tariff Part-I. All packaging shall be done in such a manner as to reducevolume as much as possible.15.1.3 Fragile articles should be packed with special packing materials depending on thetype of Materials and the packing shall bear the words "HANDLE WITH CAREGLASS FRAGILE, DON'T ROLL THIS END UP. THIS END DOWN," to be indicated byarrow.15.1.4 Chemicals in powder form, catalyst, refractories and like materials etc. shall bepacked in drums, cans and tins only. However, Catalyst may be supplied in Jumbobags.15.1.5 The hazardous materials shall be packed in accordance with the applicable rules,regulations and tariff of all cognizant Government Authorities and otherGoverning bodies. It shall be the responsibility of the seller of hazardous materialsto designate the material as hazardous and to identify each material by its propercommodity name and its hazardous material class code.15.1.6 All package requiring handling by crane should have sufficient space atappropriate place to put sling of suitable dia (strength). Iron/Steel angle should beprovided at the place where sling marking are made to avoid damage to package/equipment while lifting.15.1.7 Item shipped in bundles must be securely tied with steel wire or strapping. Steelreinforcing rods, bars, pipes, structural members etc. shall be bundled in uniformlengths and the weight shall be within the breaking strength of the securing wireor strapping.In the case of imports, for bundles the shipping marks shall be embossed on metalor similar tag and wired securely on each end.15.1.8 All delicate surface on equipment/materials should be carefully protected andprinted with protective paint/compound and wrapped to prevent rusting anddamage.Page 54 of 268


15.1.9 All mechanical and electrical equipment and other heavy articles shall be securelyfastened to the case bottom and shall be blocked and braced to avoid anydisplacement/shifting during transit.15.1.10 Attachments and spare parts of equipment and all small pieces shall be packedseparately in wooden cases with adequate protection inside the case andwherever possible should be sent along with the main equipment. Each item shallbe suitably tagged with identification of main equipment, item denomination andreference number of respective assembly drawing. Each item of steel structureand furnaces shall be identified with two erection markings with minimumlettering height of 15mm. Such markings will be followed by the collectionnumbers in indelible ink/paint. A copy of the packing list shall accompany thematerials in each package.15.1.11 All protrusions shall be suitably protected by providing a cover comprising oftightly bolted wooden disc on the flanges. All nozzles, holes and openings and alsoall delicate surfaces shall be carefully protected against damage and bad weather.All manufactured surfaces shall be painted with rust proof paint.In the case of imports, for bulk uniform material when packed in several cases,progressive serial numbers shall be indicated on each case.15.1.12 Wherever required, equipment/materials instruments shall be enveloped inpolythene bags containing silicagel or similar dehydrating compound.15.1.13 Pipes shall be packed as under:a. Upto 50mm NB in wooden cases/crates.b. Above 50mm NB and upto 100mm NB in bundles and should be strapped atminimumthree places.c. Above 100mm NB in loose.Page 55 of 268


15.1.14 Pipes and tubes of stainless steel, copper etc. shall be packed in wooden casesirrespective of their sizes.15.1.15 Pipes with threaded or flanged ends shall be protected with suitable caps covers,beforepacking.In the case of imports, all pipes and sheets shall be marked with strips bearingprogressive no.15.1.16 Detailed packing list in waterproof envelope shall be inserted in the packagetogether with equipment/materials. One copy of the detailed packing list shall befastened outside of the package in waterproof envelope and covered by metalcover.15.1.17 The supplier shall be held liable for all damages or breakages to the goods due tothe defective or insufficient packing as well as for corrosion due to insufficientprotection.15.1.18 Packaged equipment or materials showing damage defects or shortages resultingfromimproper packaging materials or packing procedures or having concealeddamages orshortages, at the time of unpacking shall be to the supplier’s account.All packages which require special handling and transport should have theirCentres of Gravity and the points at which they may be slung or gripped clearlyindicated and marked “ATTENTION SPECIAL LOAD HANDLE WITH CARE” both inEnglish/Hindi Languages.In the case of imports, a distinct colour splash in say red black around eachpackage crate / bundle shall be given for identification.Page 56 of 268


15.1.19 Along with the packed material, supplier should attach material list,manuals/instructions and also the Inspection certificate/release note, whereverapplicable.15.2. MARKING :The following details to be written on the side face of packing:a) Purchase Order Numberb) Vendor Namec) Batch no with Manufacturing dated) Procedure (in brief) for handlinge) Date of dispatch etc.15.3 Imported items :On three sides of the packages, the following marks shall appear, clearly visible,with indelible paint and on Vendor's care and expenses.BHARAT PETROLEUM CORPORATION LIMITED(With detailed address as given in Special Purchase Conditions)Page 57 of 268


From :To: <strong>Bharat</strong> <strong>Petroleum</strong> Corpn.Ltd.(With detailed address as given in Special Purchase Conditions)Order no.Rev. no.Item :Equipment Nomenclature :Net weight :Gross weight :Kgs.Kgs.Case No. of Total cases :Dimensions :Import Licence No.NOTE :Marking shall be bold - minimum letter height 5 cm. For every order andevery shipment, packages must be marked with serial progressivenumbering.Top heavy containers shall be so marked either Top Heavy or Heavy Ends.When packing material is clean and light coloured, a dark black stencil paint shallbe acceptable. However, where packaging material is soiled or dark, a coat of flatzinc white paint shall be applied and allowed to dry before applying the specificmarkings.In case of large equipments like vessels, heat exchangers, etc. the envelopecontaining the documents shall be fastened inside a shell connection, with anidentifying arrow sign "documents" using indelible paint.Page 58 of 268


16. DELIVERY :16.1. Unless otherwise mentioned, Vendor is requested to quote their best deliveryschedulefrom the date of receipt of Purchase order.16.2. Time being the essence of this contract, the delivery mentioned in the purchaseorder shall be strictly adhered to and no variation shall be permitted except withprior authorization in writing from the Owner. Goods should be delivered,securely packed and in good order and condition, at the place of delivery andwithin the time specified in the purchase order for their delivery.16.3. The contractual delivery period is inclusive of all the lead time for engineering /procurement of raw material, the manufacturing, inspection / testing, packing,transportation or any other activity whatsoever required to be accomplished foreffecting the delivery at the required delivery point.16.4. Unless otherwise specified, Material(s) shall not be despatched without priorinspection and/or testing and Release Order/Material(s) Acceptance Certificateissued by the Inspector(s).16.5. BPCL shall have the right to advise any change in despatch point or destination inrespect of any Material(s). Any extra expenditure incurred by the Vendor on thisaccount supported by satisfactory documentary evidence, will be reimbursed tothe Vendor by BPCL.17. UNLOADING AND STACKING :Unloading and stacking will be arranged by BPCL. The Vendor shall send BPCLinformation of the proposed consignment well in advance by telegram/fax/email/courierto enable BPCL to take necessary action.Page 59 of 268


18. TRANSIT INSURANCE :Unless otherwise mentioned,18.1. Transit Insurance shall be covered by BPCL against its Mega Package Policy.18.2 In the case of imports, insurance against all marine and transit risk shall becovered under the Owner's marine policy. However, the Vendor shall ensure thatin effecting shipments clear bill of lading are obtained and the carrier'sresponsibility is fully retained on the Carriers so that the consignee's interests arefully secured and are in no way jeopardized.18.2. The Vendor shall send BPCL information of the proposed consignment well inadvance by telegram/fax/e-mail/courier to enable BPCL to take necessary actionfor the transit insurance of the consignment. Any failure by the Vendor to do soshall place the consignment at the Vendor’s risk.18.3. In the case of imports, as soon as any shipment is made, the Foreign Suppliershall send advance information by way of Telex message to <strong>Bharat</strong> <strong>Petroleum</strong>Corporation Ltd., (with detailed address as given in Special Purchase Conditions)giving particulars of the shipments, vessels name, port of shipment, bill of ladingnumber and date, total FOB and freight value.19 VALIDITY OF OFFER:The rates quoted against this <strong>tender</strong> shall be valid for a period of 90 Days fromthe date of opening of the <strong>tender</strong> unless otherwise specified in the SpecialPurchase Conditions.20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE :Page 60 of 268


20.1. The time and date of Delivery of Material(s) as stipulated in the Contract shall beadhered to on the clear understanding that the Price(s) of the Material(s)has/have been fixed with reference to the said Delivery date(s).20.2. If any delay is anticipated by the Vendor in the delivery of the Material(s) or any ofthem beyond the stipulated date(s) of Delivery, the Vendor shall forthwith informBPCL in writing of such anticipated delay and of the steps being taken by theVendor to remove or reduce the anticipated delay, and shall promptly keep BPCLinformed of all subsequent developments.20.3. The delivery period quoted must be realistic & specific. The inability of successfulVendors to execute orders in accordance with the agreed delivery schedule willentitle BPCL, at its options, to :20.3.1. Accept delayed delivery at prices reduced by a sum equivalent to half percent(0.5%) of the basic value of any goods not delivered for every week of delay orpart thereof, limited to a maximum of 5% of the total basic order value. LR datewill be considered as delivery completion date for calculation of price reduction inthe case of ex works contract. Date of receipt of materials at owners premisesshall be considered for calculation of price reduction for F.O.R destinationcontract.In the case of imports, the contractual delivery date shall be considered from the date ofLetter of Credit (L/C) or the date of L/C amendment because of Buyer’s fault plus oneweek (to take care of transit time for receipt of L/c) plus the delivery schedule asindicated by the vendors.In case of the shipment taking place on “Cash against documents”, the contractualdelivery shall be taken from the date of purchase order plus one week (to take care oftransit time for receipt of order) plus delivery period.Further the date of B/L or House airway bill shall be considered to find out the delaywith respect to contractual delivery date. In case of FOB shipments if the vessel is notavailable then the intimation by vendors regarding readiness of the goods for theshipment shall be considered for calculating the delay if any. So vendor shall informthe readiness of material for shipment on FOB (Free on Board)basis / FCA (Free onCarrier) basis.20.3.2. Cancel the order in part or full and purchase such cancelled quantities fromelsewhere on account at the risk and cost of the vendor, without prejudice to itsright under 20.3.1 above in respect of goods delivered.21. RISK PURCHASE CLAUSE :Page 61 of 268


BPCL reserves the right to curtail or cancel the order either in full or part thereofif the vendor fails to comply with the delivery schedule and other terms &conditions of the order. BPCL also reserves the right to procure the same orsimilar materials/equipment through other sources at vendor's entire risk, costand consequences. Further, the vendor agrees that in case of procurement by theowner from other sources the differential amount paid by the owner shall be onaccount of the vendor together with any interest and other costs accrued thereonfor such procurement.22. FORCE MAJEURE CLAUSE :(A) Definition: The term “Force Majeure” means any event or circumstanceor combination of events or circumstances that affects the performance by thevendor of its obligations pursuant to the terms of this Agreement (including bypreventing, hindering or delaying such performance), but only if and to theextent that such events and circumstances are not within the vendor’sreasonable control and were not reasonably foreseeable and the effects of whichthe vendor could not have prevented or overcome by acting as a Reasonable andPrudent person or, by the exercise of reasonable skill and care. Force Majeureevents and circumstances shall in any event include the following events andcircumstances to the extent they or their consequences satisfy the requirementsset forth above in this Clause:(i)(ii)(iii)(iv)(v)(vi)the effect of any element or other act of God, including anystorm, flood, drought, lightning, earthquake, tidal wave, tsunami,cyclone or other natural disaster;fire, accident, loss or breakage of facilities or equipment,structural collapse or explosion;epidemic, plague or quarantine;air crash, shipwreck, or train wreck;acts of war (whether declared or undeclared), sabotage, terrorismor act of public enemy (including the acts of any independentunit or individual engaged in activities in furtherance of aprogramme of irregular warfare), acts of belligerence of foreignenemies (whether declared or undeclared), blockades,embargoes, civil disturbance, revolution, rebellion orinsurrection, exercise of military or usurped power, or anyattempt at usurpation of power;radioactive contamination or ionizing radiation;Page 62 of 268


( B) Notice and Reporting:( i ) The Vendor shall as soon as reasonably practicable after the date ofcommencement of the event of Force Majeure, but in any event no later thantwo (7) days after such commencement date, notify the BPCL in writing ofsuch event of Force Majeure and provide the following information:(a)(b)(c)reasonably full particulars of the event or circumstance ofForce Majeure and the extent to which any obligationwill be prevented or delayed;such date of commencement and an estimate of theperiod of time required to enable the vendor to resumefull performance of its obligations; andall relevant information relating to the Force Majeure andfull details of the measures the vendor is taking toovercome or circumvent such Force Majeure.(ii) The Vendor shall, throughout the period during which it is preventedfrom performing, or delayed in the performance of, its obligations under thisAgreement, upon request, give or procure access to examine the scene of theForce Majeure including such information, facilities and sites as the otherParty may reasonably request in connection with such event. Access to anyfacilities or sites shall be at the risk and cost of the Party requesting suchinformation and access.(C) Mitigation Responsibility:(i)(ii)(iii)The Vendor shall use all reasonable endeavours, acting as aReasonable and Prudent Person, to circumvent or overcome anyevent or circumstance of Force Majeure as expeditiously aspossible, and relief under this Clause shall cease to be availableto the Vendor claiming Force Majeure if it fails to use suchreasonable endeavours during or following any such event ofForce Majeure.The Vendor shall have the burden of proving that thecircumstances constitute valid grounds of Force Majeure underthis Clause and that it has exercised reasonable diligence effortsto remedy the cause of any alleged Force Majeure.The Vendor shall notify BPCL when the Force Majeure hasterminated or abated to an extent which permits resumption ofperformance to occur and shall resume performance asexpeditiously as possible after such termination or abatement.(D) Consequences of Force Majeure. Provided that the Vendor hascomplied and continues to comply with the obligations of thisClause and subject to the further provisions:Page 63 of 268


(i)(ii)the obligations of the Parties under this Agreement to theextent performance thereof is prevented or impeded by the eventof Force Majeure shall be suspended and the Parties shall not beliable for the non-performance thereof for the duration of theperiod of Force Majeure; andthe time period(s) for the performance of the obligations ofthe Parties under this Agreement to the extent performancethereof is prevented or impeded by the event of Force Majeureshall be extended for the duration of the relevant period of ForceMajeure except as provided herein.(E)Force Majeure Events Exceeding 60 Days(i)If an event or series of events (alone or in combination) ofForce Majeure occur, and continue for a period in excess of 60consecutive days, then BPCL shall have the right to terminatethis agreement, whereupon the Parties shall meet to mitigate theimpediments caused by the Force Majeure event.23. ARBITRATION CLAUSE :23.1 Any dispute or difference of any nature whatsoever, any claim, cross-claim,counter-claim or set off of BPCL/Vendor against omission or on account of anyof the parties hereto arising out of or in relation to this Contract shall be referredto the Sole Arbitration of Director(Marketing) / Director (HR) / Director (R) ofBPCL as the case may be or to some officer of BPCL who may be nominated bythem.23.2. In the event the Arbitrator being unable or refusing to act for any reasonwhatsoever, the said Directors of BPCL shall designate another person to act as anArbitrator in accordance with the terms of the said Contract/Agreement. TheArbitrator newly appointed shall be entitled to proceed with the reference fromthe point at which it was left by his predecessor.23.3. It is known to the parties herein that the Arbitrator appointed hereunder is anemployee of the Corporation and may be Share holder of the Corporation.23.4. The award of the Arbitrator so appointed shall be final, conclusive and binding onall the parties to the contract and the law applicable to arbitration proceedingswill be the Arbitration and Conciliation Act, 1996 or any other enactment inreplacement thereof.Page 64 of 268


23.5. The language of the proceedings will be in English and the place of proceedingswill be Mumbai.23.6. The parties hereby agree that the Courts in the city of Mumbai alone shall havejurisdiction to entertain any application or other proceedings in respect ofanything arising under this Agreement and any Award or Awards made by theSole Arbitrator hereunder shall be filed, if required, in the concerned Courts in theCity of Mumbai alone. (legal)24. INTEGRITY PACT (IP) :Vendors are requested to sign & return our pre-signed IP document , if applicable.This document is essential & binding. Vendor's failure to return the IP documentduly signed along with Bid Document may result in the bid not being consideredfor further evaluation.25. RECOVERY OF SUMS DUE :Whenever, any claim against vendor for payment of a sum of money arises out ofor under the contract, the owner shall be entitled to recover such sums from anysum then due or when at any time thereafter may become due from the vendorunder this or any other contract with the owner and should this sum be notsufficient to cover the recoverable amount of claim(s), the vendor shall pay toBPCL on demand the balance remaining due.26. CONFIDENTIALITY OF TECHNICAL INFORMATION :Drawing, specifications and details shall be the property of the BPCL and shall bereturned by the Vendor on demand. The Vendor shall not make use of drawingand specifications for any purpose at any time save and except for the purpose ofBPCL. The Vendor shall not disclose the technical information furnished to orPage 65 of 268


organized by the Vendor under or by virtue of or as a result of the implementationof the Purchase Order to any person, firm or body or corporate authority and shallmake all endeavors to ensure that the technical information is keptCONFIDENTIAL. The technical information imparted and supplied to the vendorby BPCL shall at all time remain the absolute property of BPCL. Imparting of anyconfidential information by the Vendor will be breach of contract.27. PATENTS & ROYALTIES :The vendor shall fully indemnify BPCL and users of materials specifiedherein/supplied at all times, against any action, claim or demand, costs andexpenses, arising from or incurred by reasons of any infringement or allegedinfringement of any patent, registered design, trademark or name, copy right orany other protected rights in respect of any materials supplied or anyarrangement, system or method of using, fixing or working used by the vendor. Inthe event of any claim or demand being made or action sought against BPCL inrespect of any of the aforesaid matter, the vendor shall be notified thereofimmediately and the vendor shall at his/its own expense with (if necessary) theassistance of BPCL (whose all expense shall be reimbursed by the vendor) conductall negotiations for the settlement of the same and/or litigation which may arisethereof.28. LIABILITY CLAUSE :In case where it is necessary for employees or representatives of the Vendor to goupon the premises of owner, vendor agrees to assume the responsibility for theproper conduct of such employees/representatives while on said premises and tocomply with all applicable Workmen's Compensation Law and other applicableGovernment Regulations and Ordinances and all plant rules and regulationsparticularly in regard to safety precautions and fire hazards. If this order requiresvendor to furnish labour at site, such vendor's workmen or employees shall underno circumstances be deemed to be in owner's employment and vendor shall holdhimself responsible for any claim or claims which they or their heirs, dependentor personal representatives, may have or make, for damages or compensation foranything done or committed to be done, in the course of carrying out the workcovered by the purchase order, whether arising at owner's premises or elsewhereand agrees to indemnify the owner against any such claims, if made against theowner and all costs of proceedings, suit or actions which owner may incur orsustain in respect of the same.29. COMPLIANCE OF REGULATIONS :Page 66 of 268


Vendor warrants that all goods/Materials covered by this order have beenproduced, sold, dispatched, delivered and furnished in strict compliance with allapplicable laws, regulations, labour agreement, working condition and technicalcodes and statutory requirements as applicable from time to time. The vendorshall ensure compliance with the above and shall indemnify owner against anyactions, damages, costs and expenses of any failure to comply as aforesaid.30. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT:In case the testing and inspection at any stage by inspectors reveal that theequipment, materials and workmanship do not comply with specification andrequirements, the same shall be removed by the vendor at his/its own expenseand risk, within the time allowed by the owner. The owner shall be at liberty todispose off such rejected goods in such manner as he may think appropriate. Inthe event the vendor fails to remove the rejected goods within the period asaforesaid, all expenses incurred by the owner for such disposal shall be to theaccount of the vendor. The freight paid by the owner, if any, on the inward journeyof the rejected materials shall be reimbursed by the vendor to the owner beforethe rejected materials are removed by the vendor. The vendor will have toproceed with the replacement of the equipment or part of equipment withoutclaiming any extra payment if so required by the owner. The time taken forreplacement in such event will not be added to the contractual delivery period.31. NON-WAIVER :Failure of the Owner to insist upon any of the terms or conditions incorporated inthe Purchase Order or failure or delay to exercise any rights or remedies herein,or by law or failure to properly notify Vendor in the event of breach, or theacceptance of or payment of any goods hereunder or approval of design shall notrelease the Vendor and shall not be deemed a waiver of any right of the Owner toinsist upon the strict performance thereof or of any of its or their rights orremedies as to any such goods regardless of when such goods are shipped,received or accepted nor shall any purported oral modification or revision of theorder by BPCL act as waiver of the terms hereof. Any waiver to be effective mustbe in writing. Any lone incident of waiver of any condition of this agreement byBPCL shall not be considered as a continuous waiver or waiver for other conditionby BPCL.32. NEW & UNUSED MATERIAL :Page 67 of 268


ecentAll the material supplied by the vendor shall be branded new, unused and ofmanufacture.33. PURCHASE PREFERENCE CLAUSE :Owner reserves its right to allow Public Sector Enterprises (Central/State),purchase preference as admissible/applicable from time to time under theexisting Govt. policy. Purchase preference to a PSE shall be decided based on theprice quoted by PSE as compared to L1 Vendor at the time of evaluation of theprice bid.Owner reserves its right to allow Micro and Small Enterprises (MSEs) and MSEsowned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs,purchase preference as admissible/applicable from time to time under theexisting Govt. policy. Purchase preference to a MSE and a MSE owned by SC/STentrepreneurs shall be decided based on the price quoted by the said MSEs ascompared to L1 Vendor at the time of evaluation of the price bid.34. CANCELLATION :34.1. BPCL reserves the right to cancel the contract/purchase order or any part thereofthrough a written notice to the vendor if.34.1.1. The vendor fails to comply with the terms of this purchase order/contract.34.1.2. The vendor becomes bankrupt or goes into liquidation.34.1.3. The vendor fails to deliver the goods on time and/or replace the rejected goodspromptly.Page 68 of 268


34.1.4. The vendor makes a general assignment for the benefit of creditors.34.1.5. A receiver is appointed for any of the property owned by the vendor.34.2. Upon receipt of the said cancellation notice, the vendor shall discontinue all workon the purchase order matters connected with it. BPCL in that event will beentitled to procure the requirement in the open market and recover excesspayment over the vendor's agreed price if any, from the vendor and also reservingto itself the right to forfeit the security deposit if any, made by the vendor againstthe contract. The vendor is aware that the said goods are required by BPCL forthe ultimate purpose of materials production and that non-delivery may causelossof production and consequently loss of profit to the BPCL. In this-event ofBPCL exercising the option to claim damages for non delivery other than by way ofdifference between the market price and the contract price, the vendor shall payto BPCL, fair compensation to be agreed upon between BPCL and the vendor. Theprovision of this clause shall not prejudice the right of BPCL from invoking theprovisions of price reduction clause mentioned in 20.3.1 as aforesaid.35. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION :The Competition Act, 2002 as amended by the Competition (Amendment) Act,2007 (the Act), prohibits anti- competitive practices and aims at fosteringcompetition and at protecting Indian markets against anti- competitive practicesby enterprises. The Act prohibits anti- competitive agreements, abuse of dominantposition by enterprises, and regulates combinations (consisting of acquisition,acquiring of control and M&A) wherever such agreements, abuse or combinationcauses, or is likely to cause, appreciable adverse effect on competition in marketsin India. BPCL reserves the right to approach the Competition Commissionestablished under the Act of Parliament and file information relating to anticompetitiveagreements and abuse of dominant position. If such a situation arises,then Vendors are bound by the decision of the Competitive Commission and alsosubject to penalty and other provisions of the Competition Act.36. ASSIGNMENTPage 69 of 268


The Vendor can / does not have any right to assign his rights and obligationsunder these general purchase conditions without the prior written approval of BPCL.37. GOVERNING LAWThese General Purchase Conditions shall be governed by the Laws of India.38. AMENDMENTAny amendment to these General Purchase Conditions can be made only inwriting and with the mutual consent of the parties to these conditions.39. SPECIAL PURCHASE CONDITIONSIn case of a conflict between the clauses, terms and conditions of General PurchaseConditions and Special Purchase condition, the clauses, terms and conditions ofSpecial Purchase Condition will have an overriding effect over General PurchaseConditions and the same shall be applicable.40. NOTICESAny notices to be given hereunder by a Party to the other shall be in English anddelivered by hand or sent by courier or facsimile to the other Party at the addressor facsimile number stated below or such other address or number as may benotified by the relevant Party from time to time:BPCL_____________________________________________________________________Page 70 of 268


Vendor_____________________________________________________________________Please sign & return all the pages of GPC as a token of your acceptance of all theterms & conditions as mentioned above.Annexure IPERFORMANCE BANK GUARANTEE(On Non-judicial paper for appropriate value)To,<strong>Bharat</strong> <strong>Petroleum</strong> Corporation Limited-----------------------------------------------------------------Dear Sir,In consideration of the <strong>Bharat</strong> <strong>Petroleum</strong> Corporation Limited, (hereinafter called ‘theCompany’ which expression shall include its successors and assigns) having awarded toM/s. (Name) ………. (Constitution)………….. (address) ……….(hereinafter referred to as “Thevendor” which expression shall wherever the subject or context so permits include itssuccessors and assigns) a supply contract in terms interalia, of the Company’s Purchaseorder No…….. dated ………. and the General and Special Purchase Conditions of theCompany and upon the condition of vendor’s furnishing security for the performance ofthe vendor’s obligations and/or discharge of the vendor’s liability under and / or inconnection with the said supply contract upto a sum of Rs.(in figures)…………..Rs(inwords)…………………………only amounting to 10% (ten percent)of the total contract value.We, (Name)…………..(constitution) ……………(hereinafter called “the Bank” whichexpression shall include its successors and assigns) hereby jointly and severallyundertake and guarantee to pay to the Company in -----(Currency) forthwith on demandin writing and without protest or demur of any and all moneys any wise payable by thePage 71 of 268


Vendor to the Company under in respect of or in connection with the said supply contractinclusive of all the Company’s losses and expenses and other moneys anywise payable inrespect to the above as specified in any notice of demand made by the Company to theBank with reference to this Guarantee upto an aggregate limit of Rs(infigures)…………Rs(in words)……………………….only.AND the Bank hereby agrees with the Company thati. This Guarantee/undertaking shall be a continuing guarantee and shall remainvalid and irrevocable for all claims of the Company and liabilities of the vendorarising upto and until midnight of …………………………………..This date shall be 6 months from the last date of guarantee period.ii This Guarantee / Undertaking shall be in addition to any other guarantee or security ofwhatsoever that the Company may now or at any time otherwise have in relation to thevendor’s obligation/liabilities under and /or connection with the said supply contract,and the Company shall have full authority to take recourse to or reinforce this security inpreference to the other security(ies) at its sole discretion, and no failure on the part of theCompany in enforcing or requiring enforcement of any other security shall have the effectof releasing the Bank from its liability hereunder.ii.The Company shall be at liability without reference to the Bank and withouteffecting the full liability of the Bank hereunder to take any other security inrespect of the vendor’s obligations and /or liabilities under or in connectionwith the said supply contract and to vary the terms vis a vis the vendor of thesaid supply contract or to grant time and / or indulgence to the vendor or toreduce or to increase or otherwise vary the prices of the total contract valueor to release or to forbear from enforcement all or any of the obligations of thevendor under the said supply contract and / or the remedies of the Companyunder any other security(ies) now or hereafter held by the Company and nosuch dealing(s), variation(s), reduction(s), increase(s) or the indulgence(s) orarrangement(s) with the vendor or release or forbearance whatsoever shallhave the effect of releasing the Bank from its full liability to the Companyhereunder or of prejudicing rights of the Company against the Bank.iv. This Guarantee /Undertaking shall not be determined by the liquidation or winding upordissolution or change of constitution or insolvency of the vendor but shall in all respectsand for all purposes be binding and operative until payment of all moneys payable to theCompany in terms hereof.Page 72 of 268


v. The Bank hereby waives all rights at any time inconsistent with the terms of theGuarantee /Undertaking and the obligations of the Bank in terms hereof shall not be anywise affectedor 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 ofliability by the vendor or any other order of communication whatsoever by the vendorstopping or preventing or purporting to stop or prevent any payment by the Bank to theCompany in terms hereof.vi. The amount stated in any notice of demand addressed by the Company to theGuarantor as liable to be paid to the Company by the vendor or as suffered or incurred bythe Company on account of any losses or damages of costs, charges and or expenses shallas between the Bank and the Company be conclusive of the amount so liable to be paid tothe Company or suffered or incurred by the Company, as the case may be and payable bythe Guarantor to Company in terms hereof.Yours faithfully,(Signature)NAME & DESIGNATIONNAME OF THE BANKNOTES:Page 73 of 268


SPECIAL CONDITIONS OF CONTRACT (SCC)(Applicable for Site Works)Page 74 of 268


1. A DEFINITIONSTABLE OF CONTENTS1. B GENERAL2 WATER AND POWER3 OTHER FACILITIES4 SCOPE OF WORK5 SCOPE OF SUPPLY6 TIME SCHEDULE7 SITE CLEANING8 MEASUREMENT OF WORKS9 ROUNDING OFF10 TAXES AND DUTIES11 STATUTORY APPROVALS12 UNDERGROUND AND OVERHEAD STRUCTURES13 WORKS CONTRACT14 RESPONSIBILITY OF CONTRACTOR15 QUALITY ASSURANCE SYSTEM16 SITE ORGANISATION17MECHANISATION OF CONSTRUCTION ACTIVITIES AND MOBILISATION OFCONSTRUCTION EQUIPMENT / SPECIAL REQUIREMENT FOR MONSOONWORK18 TESTS AND INSPECTION OF WORKS19 FINAL INSPECTION20 LEADS21 COMPLETION DOCUMENTS22 ADDITIONAL WORKS / EXTRA WORKS23 HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT /SAFETY NORMS24 SAFETY / SECURITY REGULATIONS25 COORDINATION WITH OTHER AGENCIES26 QUALIFICATION AND EXPERIENCE OF KEY SUPERVISORY PERSONNEL27 LABOUR LAWS & LABOUR RELATIONS28 PAYMENT OF WAGES29 INCOME TAXPage 75 of 268


30 TEMPORARY WORKS31 DRAWINGS & DOCUMENTS32 ELECTRICAL CONTRACTOR’S LICENCE33 CONTRACTOR‟S COMPUTERISED BILLING SYSTEM34 VAT35 INSURANCE36 DEFECT LIABILITY PERIOD37 ARBITRATION38 JURISDICTION39 LIQUIDATED DAMAGE40 ORDER OF PRECEDENCE41 PATENTS & ROYALTIESANNEXURES TO SCCANNEXURE I: SCOPE OF WORKANNEXURE II: SCOPE OF SUPPLYANNEXURE III: PAYMENT TERMSANNEXURE IV: TIME SCHEDULEANNEXURE V: MEASUREMENT OF WORK AND TERMS OF PAYMENTANNEXURE VI: REQUIREMENTS OF BIDDER‟S QUALITY MANAGEMENTSYSTEMANNEXURE VII: HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENTANNEXURE VIII: WORK IN MONSOON – SPECIAL PRECAUTIONS &MOBILISATIONREQUIREMENTSANNEXURE IX: QUALIFICATION AND EXPERIENCE OF KEY SUPERVISORYPERSONNELPage 76 of 268


1.A DEFINITIONS“Consultant” shall mean Structwel Designers & Consultants Pvt. Ltd.,(STRUCTWEL) having their office at Plot No. 15, Sector-24, Off Sion-PanvelHighway, Turbhe, Navi-Mumbai-400705, India.Engineer-in Charge shall mean Resident Construction Manager (RCM)designated by Structwel.1.B GENERAL1.1 These Special Conditions of Contract (SCC) shall be read in conjunction withthe General Conditions of Contract (GCC), Schedule of Rates, specifications ofwork, drawings and any other document forming part of this Contract whereverthe context so requires.1.2 Notwithstanding the sub-division of the document into these separate sectionsand volumes, every part of each shall be deemed to be supplementary of everyother part and shall be read with and into the Contract so far as it may bepracticable to do so.1.3 (a) If any provision in the General Conditions of Contract / General PurchaseConditions is repugnant to or at variance with any provision(s) of the SpecialConditions of Contract and / or the Agreed Variations or if any provision of theSpecial Conditions of Contract is repugnant to or at variance with anyprovision(s) of the Agreed Variations, and the two cannot be reconciled orotherwise co-exist, then unless a different intention appears, the provision (s) ofthe Special Conditions of Contract shall be deemed to override the provision (s)of General Conditions of Contract and the provision (s) of the AgreedVariations shall be deemed to override the provision(s) of the SpecialConditions of Contract, but only to the extent that such repugnancies in theGeneral Conditions of Contract cannot be reconciled with the SpecialConditions of Contract and / or Agreed Variations or to the extent that suchrepugnancies in the Special Conditions of Contract cannot be reconciled withthe Agreed Variations, as the case may be.1.3 (b) It will be the Contractor’s responsibility to bring to the notice of Engineer-in-Charge any irreconcilable conflict in the Contract documents before starting thework (s) or making the supply with reference to which the conflict exists.1.4 Wherever it is stated in this Bidding Document that such and such a supply isto be effected or such and such a work is to be carried out, it shall beunderstood that the same shall be effected/carried out by the Contractor at hisown cost, unless a different intention is specifically and expressly stated hereinor otherwise explicit from the context. Contract value (also referred to asContract Price) shall be deemed to have included such cost.1.5 The materials, design and workmanship shall satisfy the applicable relevantIndian Standards, the job specifications contained herein & codes referred to.Where the job specifications stipulate requirements in addition to thosecontained in the standard codes and specifications, these additionalrequirements shall also be satisfied. In the absence of any Standard /Specifications/Codes of practice for detailed specifications covering any part ofthe work covered in this Bidding Document, the instructions/directions ofPage 77 of 268


Engineer-in-Charge will be binding on the Contractor.In the absence of any Specifications covering any material, design or work(s)the same shall be performed/ supplied/ executed in accordance with standardEngineering practice as per the instructions/directions of the Engineer-in-Charge, which will be binding on the Contractor.2.0 WATER AND POWER2.1 The clause No. 2.3 and 2.4 in Section – II (General Information about Site) ofGeneral Condition of Contract – BPCL – Refinery Division – Mahul, Mumbairegarding Water, Power and other facilities is modified to following extent:2.2 Water shall be supplied to the CONTRACTOR at one point, subject toavailability, on chargeable basis at the rate of Rs.40.88/KL. TheCONTRACTOR shall at his own cost arrange for tapping, storage tank &distribution required for his work. Non availability of water through BPCL shouldnot be a case for extra claim or time extension. Therefore, the CONTRACTORshall, within the quoted price, make alternate arrangement to cope with sucheventuality. Additional water, if required, to meet the contractual requirements,shall be arranged by the CONTRACTOR at his own cost.2.3 Power for construction shall be provided to the Contractor at one point by BPCL,on chargeable basis. All the works related to laying of cable / distribution paneletc. for Construction power shall be arranged by CONTRACTOR at his owncost The cost of power supply shall be recovered by the OWNER every month(without prejudice to any other mode of recovery available to the Owner) bydeduction from the Contractor's bills. The energy meter to be installed by theContractor shall be tested and certified by State Electricity Board or any otheragency approved by the Owner. Charges of power will be Rs. 6.25/ kwh.Contractor to fix the Electric Meter.3.0 OTHER FACILITIESThe OWNER will, at his discretion and convenience and for the duration of theexecution of the work, make available, land for Construction of contractor’s fieldoffice; go down, workshop and fabrication yard required for the execution of thecontract.The OWNER shall not permit any land at site to be used for residentialpurposes nor shall otherwise provide or arrange any land for temporaryaccommodation of the CONTRACTOR’s personnel or labour.The Contractor shall at its own cost and initiative arrange land for residentialaccommodation for its staff and workers and the price of services shall bedeemed to include the same.The CONTRACTOR shall also comply with the provisions of the GCC– Clause2.54.0 SCOPE OF WORKThe scope of Work covered in this contract will be as described in Annexure –Ito SCC.Page 78 of 268


4.1 LIMIT OF VARIATIONThe rates quoted shall remain firm for a variation of plus or minus 25% forthe value of the work awarded.The variation in any single item may be to any extent. Rates should remain firmfor any variation in the quantities. Even some items may get deleted or added.4.2 EXTRA ITEMSExtra items, if any, shall be paid on the basis of analysis of rate of cost ofmaterials and labour produced by CONTRACTOR, and the item rates agreedupon with the owner.The rate of extra items, wherever possible will be derived from similar <strong>tender</strong>items. In case the CONTRACTOR fails to execute extra items required for theProject work, the same shall be got done through any other agency at his owncost and risk of the Contractor.The execution of extra item is compulsory in order to complete the projectwork. In case the Contractor fails to execute extra item Owner will have theright to execute these items through other agency/agencies at the cost and riskof the Contractor.5.0 SCOPE OF SUPPLYThe scope of work covered in this contract will be as described in Annexure –II to SCC.6.0 TIME SCHEDULE6.1 The Work shall be executed strictly as per time schedule given in Annexure-IIIto SCC. The period of completion given includes the time required formobilization as well as testing, rectifications, if any, retesting, demobilizationand completion in all respects to the satisfaction of the Engineer-in-Charge.6.2 A joint programme of execution of work will be prepared by the Engineer-in-Charge and CONTRACTOR. This programme will take into account the time ofcompletion mentioned in above clause.6.3 Monthly/weekly execution programme will be drawn up by the Engineer-in-Charge jointly with the CONTRACTOR based on availability of materials, workfronts and the joint programme of execution as referred to above. TheCONTRACTOR shall scrupulously adhere to the Targets/Programmes bydeploying adequate personnel, Construction Equipment, Tools and Tacklesand also by timely supply of required materials coming within his scope ofsupply as per Contract. In all matters concerning the extent of target set out inthe weekly/monthly programme and the degree of achievement, the decision ofthe Engineer-in-Charge will be final and binding on the CONTRACTOR.CONTRACTOR shall give every day category-wise labour and equipmentdeployment report along with the progress of work done on previous day in theformat prescribed by the Engineer-in-Charge.Page 79 of 268


7.0 SITE CLEANING7.1 The CONTRACTOR shall clean and keep clean the work site from time to timeto the satisfaction of the Engineer-in-Charge for easy access to work site andto ensure safe passage, movement and working.7.2 If the work involves construction of any existing structure in whole or part; careshall be taken to limit the construction up to the exact point and/ or lines asdirected by the Engineer-in-Charge and any damage caused to the existingstructure beyond the said line or point shall be repaired and restored to theoriginal condition at the cost and risk of CONTRACTOR to the satisfaction ofthe Engineer-in-Charge, whose decision shall be final and binding upon theCONTRACTOR.7.3 The CONTRACTOR shall dispose of the debris, unserviceable materials,excess earth outside the Refinery without any extra cost, except the goodquality of earth of quantity which is required for backfilling.No extra payment-shall be paid on this account. The rates quoted in SOR aredeemed to be inclusive of all the costs towards all the above activities as well.MEASUREMENT OF WORKSIn addition to provisions of Section 6 of General Conditions of Contract, andassociated provisions thereof, the provisions of Annexure –IV to SCC (Titled“Measurement of Work and terms of payment”) shall apply.9.0 ROUNDING OFFAll payments to and recoveries from the bill of CONTRACTOR shall berounded off to the nearest Rupee. Wherever the amount to be paid/ recoveredconsists of a fraction of a Rupee (Paise), the amount shall be rounded off to thenext higher rupee if the fraction consists of 50 (fifty) paise or more and if thefraction of a Rupee is less then 50 (fifty) paise, the same shall be ignored.10.0 TAXES AND DUTIES10.1 Bidders are required to quote prices as per the bill of quantities (BOQ) andrates shall be inclusive of all taxes and duties except VAT and Service tax.Method of taxation to be followed is Composite Scheme. Rate of VAT andservice tax shall be indicated separately in the Price Bid and also in thetechnical bid. Bid shall be evaluated on the basis of landed cost at site aftertaking into account Input Tax Credit / Cenvat Benefit if available to BPCL asper Tax Regulations at the time of price evaluation. Bidder shall provide details,namely Service Tax Registration Number, Maharashtra VAT Reg No. (TIN No)along with the copy of registration certificate.10.2 “BPCL may claim Cenvat on service tax and VAT, if applicable as per taxregulations” The bidders should quote service tax and VAT separately (In ratesas well as in values). Service tax, education cess and VAT thereon shall bepayable extra as actual against copy of invoice in triplicate indicating ServiceTax and VAT registration number and category of service. Bidders shall furnishthe present rates of service tax and education cess and VAT as applicable.Page 80 of 268


All the invoices raised shall be "Tax Invoice" and shall be in the manner set outunder Section 86 of the Act, so as to ensure that Input Tax Credit could beavailed by BPCL on payments to the Contractor.10.3 Any Statutory variation in Service Tax / VAT, within the contractual completionperiod, shall be on owner’s account, against submission of documentaryevidence. However, in case of delay in completion period beyond thecontractual date, for reasons attributable to contractor, any increase in theserates shall be borne by the contractor, whereas any decrease shall be passedon to the owner. BPCL shall take CENVAT benefit as applicable.10.4 Further, in case of delay in completion of work, due to reasons attributable tocontractor, any new or additional taxes, duties or levies imposed after thecontractual completion date shall be on contractors account.10.5 Notwithstanding the foregoing, OWNER shall not bear any liability in respect of:a) Personal taxes on the personnel deployed by the Contractor, his SubContractor and Agent etc.b) The Corporate Taxes in respect of Contractor and his Sub-Contractor andother Agents.c) Any other taxes / duties/ leviesThe CONTRACTOR shall also comply with the provisions of the GCC (GeneralConditions of Contract) Section VII TAXES AND DUTIES.11.0 STATUTORY APPROVALSApproval from any authority (i.e. Inspector of Boiler, Electrical Inspector,MCGM) etc.) required as per the provisions of the Bidding Document and asper statutory rules and regulations of Central / State Government shall be theresponsibility of CONTRACTOR unless otherwise specified in the BiddingDocument. The application on behalf of the OWNER for submission to relevantauthorities along with copies of required certificate complete in all respectsshall be prepared and submitted by the CONTRACTOR well ahead of time sothat the actual Construction/ commissioning of the work is not delayed for wantof the approval / inspection by concerned authorities. The CONTRACTOR shallarrange the inspection of the works by the authorities and necessarycoordination and liaison work in this respect shall be the responsibility of theCONTRACTOR. Reimbursement by the OWNER of the statutory fees payableby CONTRACTOR (as per advance approval of OWNER) may be provided for,subject to submission of receipt.The CONTRACTOR shall carry out any change / addition required to meet therequirements of the statutory authorities, within the quoted rates. Theinspection and acceptance of the work by statutory authorities shall, however,not absolve the CONTRACTOR from any of his responsibilities under thisContract.Page 81 of 268


12.0 UNDERGROUND AND OVERHEAD STRUCTURESEngineers-in-charge / OWNER shall provide, to the best possible extent,details in respect of existing underground and above ground structures,overhead lines, cables, existing pipelines and utilities existing at job site to theCONTRACTOR. The CONTRACTOR shall execute the work in such a mannerthat the said structures, utilities, pipelines etc. are not disturbed or damaged,and shall indemnify and keep indemnified the OWNER from and against anydestruction thereof or damages thereto. Moreover, CONTRACTOR shallprepare drawing showing all the above stated details accurately and submit toEngineer-in-Charge. In case of any damage to BPCL facilities like undergroundcables/pipes etc during execution, contractor shall repair the same and restoreit to its original form at his own cost. The rates quoted in SOR are deemed tobe inclusive of the costs towards this activity.13.0 WORKS CONTRACTThe entire Work covered under this Contract shall be treated as ‘INDIVISIBLEWORKS CONTRACT'.14.0 RESPONSIBILITY OF CONTRACTOR14.1 It shall be the responsibility of the CONTRACTOR to obtain the approval forany revision and/or modifications decided by the CONTRACTOR from theOWNER/ Engineer-in-Charge before implementation. Also such revisions and/or modifications if accepted/ approved by the OWNER/ Engineer-in-Chargeshall be carried out at no extra cost to the OWNER. Any change requiredduring functional requirements or for efficient running of system, keeping thebasic parameters unchanged and which has not been indicated by theCONTRACTOR in the data / drawings furnished along with the offer will becarried out by the CONTRACTOR at no extra cost to the OWNER.CONTRACTOR shall not be entitled to claim any extension in the TimeSchedule on this account.14.2 All expenses towards mobilization at site and de-mobilization including bringingin equipment, work force, materials, construction the equipment, clearing thesite etc. shall be deemed to be included in the prices quoted in SOR items andno separate payments on account of such expenses shall be entertainedunless otherwise specifically mentioned in SOR / Contract document.14.3 It shall be responsibility of the CONTRACTOR to provide, operate and maintainall necessary Construction equipment, steel scaffoldings and safety gadgets,cranes/ derrick and other lifting tackles, tools and appliances to perform thework in a workman like and efficient manner and complete all the jobs as pertime schedules without any extra cost to the OWNER.14.4 Preparing approaches and working area for the movement and operation of thecranes/ derrick, leveling the areas for assembly and erection shall also beresponsibility of the CONTRACTOR. The CONTRACTOR shall acquainthimself with access availability facilities, such as railway siding, local labouretc., to provide suitable allowances in his quotation. The CONTRACTOR mayhave to build temporary access roads to aid his own work, which shall also betaken care' of while quoting for the work.Page 82 of 268


14.5 The CONTRACTOR shall be responsible for procurement and supply insequence and at the appropriate time of all equipments/ materials andconsumables and his rates for execution of work will include supply of all theseitems.15.0 QUALITY ASSURANCE SYSTEM15.1 The CONTRACTOR shall prepare quality assurance system based on thedetails provided in Annexure-VI to SCC. After the award of the contract,detailed quality assurance programme to be followed for the execution ofcontract shall be submitted by CONTRACTOR, which shall be reviewed andapproved by STRUCTWEL / OWNER.15.2 The CONTRACTOR shall establish, document and maintain an effective qualityassurance system as outlined in recognized codes.15.3 Quality Assurance System plans/ procedures of the CONTRACTOR shall befurnished in the form of a QA manual. This document should cover details ofthe personnel responsible for the quality assurance, plans or procedures to befollowed for quality control in respect of Design, Engineering, Procurement,Supply, Installation, Testing and Commissioning. The quality assurance systemshould indicate organizational approach for quality control and qualityassurance of the Construction activities, at all stages of work at site as well asat manufacturer's works and dispatch of materials.15.4 The Quality Assurance plan for various equipment and materials shall befurnished to Structwel / OWNER prior to commencement of manufacturing.Structwel / OWNER shall review the same within 3 (three) weeks of itssubmission.15.5 The OWNER / Structwel or their representative reserve the right to inspect /witness, review any or all stages of work at shop/site as deemed necessary forquality assurance.15.6 The CONTRACTOR has to ensure the deployment of Quality Assurance andQuality Control Engineer(s) depending upon the quantum of work. This QA /QC group shall be fully responsible to carry out the work as per standards andall code requirements. In case Engineer-in-charge feels that QA / QCEngineer(s) of CONTRACTOR are incompetent or insufficient, CONTRACTORhas to deploy other experienced Engineer(s) as per site requirement and to thefull satisfaction of Engineer-In-Charge.15.7 In case CONTRACTOR fails to follow the instructions of Engineer-in-chargewith respect to above clauses, next payment due to him shall not be releasedunless and until he complies with the instructions to, the full satisfaction ofEngineer-in-charge.16.0 SITE ORGANISATIONThe CONTRACTOR shall without prejudice to his overall responsibility toexecute and complete the Work as per specifications and time schedule,progressively deploy adequate qualified and experienced personnel togetherwith skilled/ unskilled manpower and augment the same as decided byEngineer-in-Charge depending on the exigencies of work to suit thePage 83 of 268


Construction schedule without any additional cost to OWNER. TheCONTRACTOR shall submit the details of minimum site organization proposedby him, as per Proposal Form given in the Bidding document. In addition tothis, CONTRACTOR shall deploy Safety Supervisors to ensure safer workingconditions at site. In case where the works are Sub-Contracted by the mainCONTRACTORs, Safety Supervisors are to be provided by the mainCONTRACTOR only.17.0 MECHANISATION OF CONSTRUCTION ACTIVITIES AND MOBILISATIONOFCONSTRUCTION EQUIPMENT17.1 Mechanization of construction Activities17.1.1 The CONTRACTOR shall mechanize the Construction activities to themaximum extent by deploying all necessary Constructionequipment/machinery in adequate numbers and capacities.17.1.2 CONTACTOR shall also responsible for preparing approaches toworking areas for the movement/operation of cranes and leveling theareas for assembly / erection to ensure effective mechanization on theworks. OWNER shall provide only the Land for the storage. It shall bethe responsibility of the CONTRACTOR to carry out leveling / dressing /grading with a proper approach for the movement of equipment andmachinery, at his own cost. No extra payment shall be made by theOWNER for leveling / dressing / grading. The CONTRACTOR shallacquaint himself with availability of access, facilities such as railwaysiding, local labor etc. and the CONTRACTOR may have to buildtemporary access roads to aid his work and the quoted and agreedrates shall be deemed to include the same.17.1.3 For speedy execution of work, CONTRACTOR shall also ensure use ofcomputer software for at least the following:a) Billingb) Planning & Schedulingc) Progress Reportingd) Material Control & Warehousinge) Safety Recordsf) Resource Deploymentg) Communication17.1.4 CONTRACTOR further agrees that Contract price is inclusive of all theassociated costs, which he may incur for actual mobilization, required inrespect of use of mechanized Construction techniques and that theOWNER/ Structwel in this regard shall entertain no claim whatsoever.17.2 Mobilization of Construction Equipments17.2.1 The CONTRACTOR shall without prejudice to his responsibilities toexecute and complete the work as per the specifications and timeschedule, progressively deploy Construction equipment, tools andtackles and further augment the same depending on the exigencies ofPage 84 of 268


work and as decided by the Engineer-in-Charge so as to suit theConstruction schedule within scheduled completion date without anyadditional cost to OWNER. OWNER will not release any MobilizationAdvance. The bidder shall submit a list of construction equipments heproposes to deploy for the subject work along with deploymentschedule. No Construction equipment shall be supplied by the OWNER.17.3 Work in Monsoon Season17.3.1 In addition to the clause No. 7 of Section – V (Performance of Work) of GeneralConditions of Contract CONTRACTOR shall submit with in 15 days of award ofwork, to the Engineer-in Charge / OWNER his contingency plan for work duringmonsoon clearly stating their methodology/ strategy to progress uninterruptedlyduring monsoon mentioning the deployment of resources viz. numbers,capacity, category of equipment and manpower on a weekly basis for approval.The CONTRACTOR shall adhere to the Special Conditions specified inAnnexure-VIII to SCCThe detailed procedure / precautions to be followed during Monsoon season isexplained in Annexure VIII to SCC.18.0 TESTS AND INSPECTION OF WORKS18.1 The CONTRACTOR shall carry out the various tests as enumerated in thebidding document and as per direction of Engineer-in-charge either on field oroutside laboratories concerning the execution of work and supply of thematerial by CONTRACTOR. All the expenses shall be borne by theCONTRACTOR and shall be considered as included in the quoted price. Theinspection shall be done by following:a) Third Party Inspection agency if nominated by the OWNER for all supplyitems (Name of the OWNER’S approved TPI agency shall be separatelyintimated).b) Representative deputed by Engineer-in-charge.c) Representative deputed by Statutory Authority.CONTRACTOR shall give prior notice sufficiently ahead of time to theEngineer-in-charge and also to the authorities/TPI to conduct inspection/ towitness such tests.18.2 All the tests either on the field or at outside laboratory or at any other place,concerning the execution of the work and supply of materials by theCONTRACTOR shall be carried out by the CONTRACTOR at his own cost.18.3 The work is subject to inspection at all times by the Engineer-in-charge. TheCONTRACTOR shall carry out all instructions given during inspection and shallensure that the work is being carried out according to the technicalspecifications of this bidding document, the technical documents that will befurnished to him during performance of work and the relevant codes of practicefurnished to him during the performance of the work.18.4 The CONTRACTOR shall provide, for purposes of inspection, access ladders,Page 85 of 268


lighting and necessary instruments at his own cost including Low Voltage (24V)lighting equipment for inspection of work. Compressed air for carrying outworks shall be arranged by the CONTRACTOR at his own cost.18.5 Any work not conforming to the execution drawings, specifications or codesshall be rejected forthwith and the CONTRACTOR shall carry out therectifications at his own cost.18.6 All results of inspection and test will be recorded in the inspection reports,proforma of which will be approved by the Engineer-in-charge. These reportsshall form part of the Completion Documents.18.7 For materials supplied by OWNER, CONTRACTOR shall carryout the tests, ifrequired by the Engineer-in-charge, and the cost of such tests shall bereimbursed by the OWNER at actual to the CONTRACTOR on production ofdocumentary evidence.18.8 Inspection and acceptance of the work shall not relieve the CONTRACTORfrom any of his responsibilities under this contract.18.9 Cost towards repeat tests and inspection due to failures, repairs etc. forreasons attributable to the CONTRACTOR shall be borne by theCONTRACTOR.Various tests as specified in specifications shall be carried out to the entiresatisfaction of OWNER/Structwel.19.0 FINAL INSPECTION19.1 After completion of all tests as per specification the whole work will be subjectto a final inspection to ensure that job has been completed as per requirement.If any defects are noticed in the work attributable to CONTRACTOR, theseshall be attended by the CONTRACTOR at his own cost. As and when they arebrought to his notice by STRUCTWEL / OWNER, STRUCTWEL / OWNERshall have the right to have these defects rectified at the risk and cost of theCONTRACTOR if he fails to attend to these defects immediately.20.0 LEADSFor the various works, in case of contradiction, leads mentioned in theSchedule of Rates shall prevail over those indicated in the Technicalspecifications.21.0 COMPLETION DOCUMENTS21.1 The CONTRACTOR shall carryout various tests as called for in biddingdocument either on field or at outside approved laboratories at his own cost. Alltest results and related documents shall be submitted in 2 (Two) copies as partof completion documents.21.2 The following documents in-addition to documents specified in GCC shall besubmitted in hard binder by the CONTRACTOR as a part of completiondocuments:f) Two Sets “No Demand Certificate” from the Administration & PersonnelPage 86 of 268


Department regarding vacation of Land, housing accommodation if any,recovery of rents, hire charges, return of surplus material, reconciliationstatement for all the material issued etc.g) Two Sets “No Demand Certificate” regarding surrendering of Gate Passesetc.h) All other requirements as specified in the respective specifications.i) Any other drawing/ document/ report specified elsewhere in the BiddingDocumentNote: CONTRACTOR shall be eligible to apply for issue of completioncertificate only after submission of completion documents as mentioned above.21.3 AS BUILT MARK UP - Contractor shall incorporate the changes in drawings /Isometric and submit to STRUCTWEL for certification. Quoted rates in SORshall include all expenses for making As BUILT Mark Up.21.4 Completion document shall contain following:• Completion Certificate by Engineer-In-Charge• No Demand Certificate from Contractor• No Due Certificate from Contractor• Site clearance Certificate• Labour Liability Certificate• Indemnity Bond on Rs. 100 stamp paper (formats of above documents areenclosed as Attachment 1)22.0 ADDITIONAL WORKS/ EXTRA WORKSOWNER reserves their right to execute any additional works/ extra works,during the execution of Work, either by themselves or by appointing any otheragency, even though such works are incidental to and necessary for thecompletion of Work awarded to the CONTRACTOR. In the event of suchdecisions taken by OWNER, CONTRACTOR is required to extend necessarycooperation, and act as per the instructions of Engineer-in-Charge. This iswithout prejudice to the rights of the OWNER to get the additional works/ extraworks executed by the CONTRACTOR.23.0 HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT/SAFETYNORMS23.1 The CONTRACTOR shall adhere to the Health, Safety and Environment (HSE)Management system as per the stipulations made in the following documents:a. HSE Plan attached in Annexure VIb. The General Conditions of Contractc. The Bidding Documentd. Any statutory provisions related to HSE/Safety NormsPage 87 of 268


23.2 The CONTRACTOR shall establish, document, and maintain an effectiveHealth, Safety and Environment (HSE) management system.FINANCIAL DETERRENT FOR VIOLATIONS OF HSE NORMS BYCONTRACTORS(APPLICABLE TO ALL WORKS CARRIED OUT IN THE REFINERY BYCONTRACTORS)All Contractors working inside Refinery have to strictly follow HSE norms as perBPCL rules and regulations. Contractors who are violating HSE norms whileexecuting the job will be penalized financially. Penalty amount for violations /non adherence of various HSE norms are listed in the document “SpecialSafety Conditions “ which is included in HSE Plan attached as Annexure VII toSCC.24.0 SAFETY / SECURITY REGULATIONS24.1 The works under this contract are to be carried out in areas within the plantlimits adjacent or adjoining to an existing operating Refinery. As such, theCONTRACTOR and its SUB-CONTRACTOR and their employees and agentsare required to abide by safety and security regulations of the OWNER in forcefrom time to time.The CONTRACTOR shall strictly comply with the provisions of the GCC(General Conditions of Contract) Section -IX SAFETY / SECURITYRGULATIONS and Special Safety Conditions attached with the bid as part ofannexure VII to Special Conditions of Contract.24.2 ISSUE OF REFINERY ENTRY PASSOn award of a contract and prior to commencement of work the contractormust(a)Fill in the Form as per Annexure-I attaching all necessary documents(viz-Bio-data as per Annexure – II, Medical certificate, etc.) of eachemployee as mentioned in the form. Annexure-I and Annexure –II isattached with the Special Safety Conditions of BPCL attached as part ofHSE plan Annexure VII to SCC.(b) Submit the form to the engineer-in-charge and obtain hisrecommendation.(c)Thereafter, submit the form to IR department for Form V for obtaininglabour license.(d) Obtain labour license and complete ESIC and PF related formalities.(e)(f)(g)(h)Submit ESIC, PF and Labour Licence details to IR and obtain clearancefrom IR officer.Submit the form duly cleared by the Engineer-in-charge and IR officer,to the safety Officer.Ensure completing of safety training by all supervisors and workmen, asper requirements as spelt out in Clause nos. 5.3 & 5.4 of Special SafetyConditions attached as Annexure VII (a) to SCC.Obtain clearance of the Safety Officer regarding completing of safetyPage 88 of 268


training.24.3 WORK PERMIT24.3.1 In order to keep the OWNER informed of the various jobs being undertakenwithin the Refinery and to enable the OWNER to regulate the same to ensurethe observance of safety regulations relative thereto. When work is to becarried out in hazardous areas, a Hot Work Permit is to be obtained by theCONTRACTOR from the OWNER before start of work on jobs which arecapable of generating a flame, spark or heat e.g. gas cutting, grinding, welding,use of any electrical, diesel, petrol or battery operated prime mover, machine,tool or equipment or generator set, mixer machine, drilling machine; pump,crane, fork lift or hand truck or trailer or chipping or breaking of rocks orconcrete or hacksaw cutting and drilling. Similarly the CONTRACTOR is toobtain a Cold Work Permit from the OWNER for jobs which do not comeunder the category of hot work and in respect of which there is no risk of firee.g. transportation, backfilling of ordinary soil by manual process, pile testing,hydro-testing, shuttering, fixing of reinforcement, hand mixed concreting,plastering and brick work.24.3.2 Depending on the nature of the work and the equipments and tools involved,the CONTRACTOR shall apply for Cold/Hot Permit in a prescribed formatissued by BPCL daily before the work is planned to start. The procedure ofissuing the Work Permits shall be very fast to avoid any delay in workcommencement daily.24.4 OBLIGATION TO FOLLOW WORK PERMIT SYSTEM(a)Do not carry out any work without a valid work permit issued byauthorized persons in the refinery, as per Work Permit System.(b) After obtaining a valid work permit and before the actualcommencement of the work, also obtain a clearance certificate from theofficer of the unit/plant where the work is to be carried out.(c)(d)(e)(f)Register permit and clearance at refinery fire station as required underthe Work Permit System.Comply with all the Fire/Safety /Excavation/Radiography permitconditions specified in the permit and the clearance.Prepare a safety action plan specific to the work before starting thework. Also ensure that all supervisors and workers involved in the workproperly understand and follow the safety action plan.Display permit / clearance at site for checking, by refinery officialswhenever required.25.0 COORDINATION WITH OTHER AGENCIESWork shall be carried out in such a manner that the work of other agenciesoperating at the site is not hampered due to any action of the CONTRACTOR.Proper coordination with other agencies will be responsibility of theCONTRACTOR. In case of any dispute, the decision of Engineer-in-Chargeshall be final and binding on the CONTRACTOR.Page 89 of 268


26.0 QUALIFICATION AND EXPERIENCE OF KEY SUPERVISORYPERSONNEL,Qualification and Experience of Key Supervisory Personnel to be deployed forthis work shall be as per Annexure-VIII to this SCC. CONTRACTOR shallsubmit bio-data of Key Supervisory Personnel meeting the requirement of thisAnnexure which will be reviewed and approved by Engineer-in-Charge.27.0 LABOUR LAWS & LABOUR RELATIONS27.1 The CONTRACTOR shall obtain necessary license from the LicensingAuthority under the Contract Labour (Regulation & Abolition) Act, 1970 and theCentral Rules framed there under and produce the same to the Engineer-inchargebefore start of work.27.2 The CONTRACTOR shall not undertake or execute or permit any other agencyor sub-CONTRACTOR to undertake or execute any work on theCONTRACTOR’s behalf through contract labour except under and inaccordance with the license issued in that behalf by the Licensing Officer orother authority prescribed under the Factories Act or the contract labour(Regulation & Abolition) Act – 1970 or their applicable law, rule or regulation, ifapplicable.27.3 The provision of EPF & MP Act, 1952 and the Rules / Scheme there undershall be applicable to the CONTRACTOR and the employees engaged by himfor the work. The CONTRACTOR shall furnish the code number allotted by theRPFC Authority, to the Engineer-in-charge before commencing the work.27.4 The CONTRACTOR shall be exclusively responsible for any delay incommencing the work on account of delay in obtaining a license under clause33.1 above or in obtaining the code number under Clause 34.3 above and thesame shall not constitute a ground for extension of time for any purpose.27.5 The CONTRACTOR shall enforce the provisions of ESI Act and Schemeframed there under with regard to all his employees involved in theperformance of the Contract, and shall deduct employee‟s contribution fromthe wages of each of the employees and shall deposit the same together withemployer‟s contribution of such total wages payable to the employees in theappropriate account.27.6 The CONTRACTOR shall also comply with the provisions of the GCC-SECTION – VIII (LABOUR LAWS & OTHER REGULATIONS).27.7 LABOUR RELATIONS27.7.1 In case of labour unrest / labour dispute arising out of non-implementation ofany law the responsibility shall solely lie with the CONTRACTOR and he shallremove / resolve the same satisfactorily at his cost and risk.The CONTRACTOR shall deploy only duly qualified and competent personnelfor carrying out the various jobs as assigned by the Engineer-in-charge fromtime to time. The workmen deployed by the CONTRACTOR should alsoPage 90 of 268


possess the necessary license etc. If required under any law, rules andregulations.28.0 PAYMENT OF WAGES28.1 The CONTRACTOR shall ensure payment of wages to all workmen employedby him or sub-CONTRACTOR or by any other agency on his behalf inconnection with the work before the expiry of the 7 th day after the last day ofwage period in respect of which the wages are paid, and shall ensure wagesstandards, period and provisions (including the provisions of wages, privilegeand facilities) for all workmen in this behalf, prescribed under the payment ofWages Act, the Contract Labour (Regulation & Abolition) Act 1970 and rulesframed there under, the Minimum Wages Act and any other applicable law, ruleor regulation in this behalf including but not limited to the following :28.1.1 Weekly Off with WagesThe labour must be given weekly off with wages as admissible.28.1.2 National HolidaysThree National Holidays viz. Republic Day (26 th January), Independence Day(15 th August) and Gandhi Jayanti (2 nd October) must be granted to all theworkers with wages.29.0 INCOME TAXIncome tax at the prevailing rate shall be deducted from the CONTRACTOR’sbills as per Income Tax Act. OWNER shall issue necessary TDS Certificate tothe CONTRACTOR. Bidders Shall provide their PAN No., Service TaxRegistration No. & VAT Registration No. in their un-priced bid.30.0 TEMPORARY WORKSAll Temporary and ancillary works including enabling works connected with theWork shall be responsibility of the CONTRACTOR and the price quoted bythem for erection shall be deemed to have included the cost of such works,which shall be removed by the CONTRACTOR at his cost, immediately aftercompletion of his work.31.0 DRAWINGS AND DOCUMENTS31.1 The drawings (if any) accompanying the bidding document are of indicativenature and issued for bidding purpose only. Purpose of these drawings is toenable the bidder to make an offer in line with the requirements of the OWNER.However, no extra claim whatsoever, shall be entertained for variation in the“Approved for Construction” and “Bid Drawings” regarding any changes ofwork. Construction shall be as per drawings / specifications issued / approvedby the Engineer-in-charge during the course of execution of work.31.2 The drawings and documents to be submitted by the Contractor to OWNER /STRUCTWEL after award of the work as per the requirements enlisted in thebidding document elsewhere shall be for OWNER / STRUCTWEL’s review,information and record. The Contractor shall ensure that drawings anddocuments submitted to OWNER / STRUCTWEL are accompanied by relevantcalculations, data as required and essential for review of the document /Page 91 of 268


drawings by OWNER / STRUCTWEL.31.3 All documents and drawings including those of Contractor’s sub-vendor’smanufacturer’s etc. shall be submitted to OWNER / STRUCTWEL after havingbeen fully vetted in detail, approved and <strong>corrected</strong> by the Contractor & shallbear Contractor’s seal / certifications to this effect. All documents / drawings &submissions made to OWNER / STRUCTWEL without compliance to thisrequirement will not be acceptable and the delay & liability owing to this shallbe to the Contractor’s account.31.4 The review of documents and drawings by OWNER / STRUCTWEL shall notbe construed by Contractor as limiting any of his responsibility to meet therequirements of specifications, drawings etc. and liabilities for mistakes anddeviations. Upon receiving the comments on the drawing / documents reviewedby Owner / STRUCTWEL, Contractor shall incorporate the comments asrequired and ensure their compliance. The subsequent submission by theContractor of the updated drawings / documents shall be accompanied by acompliance report etc. The submissions calling for repeated reviews by theOWNER / STRUCTWEL shall be avoided by the Contractor.Any inaccuracies, errors and non-compliance to contractual requirements willbe rectified by the Contractor. Delay occurring on this shall be to the account ofthe Contractor.32.0 ELECTRICAL CONTRACTOR’S LICENCE32.1 The Contractor or its nominated Sub-Contractor(s), as the case may be, shallhave a valid Electrical Contractor’s license for working in the State in which thejob site is located. The Contractor shall furnish a copy of the same to Engineerin-chargebefore commencement of any electrical work or work pertaining toElectrical System.No Electrical work or work pertaining to electrical system(s) shall be permittedto be executed without a valid Electrical Contractor’s License being producedby the Contractor or Sub-Contractor, as the case may be, intending to executethe work.33.0 CONTRACTOR’S COMPUTERISED BILLINGSYSTEMWithout prejudice to the stipulation in General Conditions of Contract,Contractor should follow the following billing system:The bills will be prepared by the Contractor on their own PCs as per thestandard formats and codification scheme proposed by BPCL. Contractor willsubmit these data to BPCL / STRUCTWEL in an electronic media along withthe hard copy of the bill, necessary enclosures and documents. The Contractorwill ensure the correctness and consistency of data so entered with the hardcopy of the bill submitted for payment.Contractor if required by OWNER / STRUCTWEL shall depute their skilledpersonnel for entering data in SAP system of OWNER for processing theContractor‟s bill without any extra cost.OWNER / STRUCTWEL will utilize these data for processing and verification ofthe Contractor‟s bill.Page 92 of 268


34.0 VATContractor shall submit proper tax invoices for local purchase, as per the VATAct, to enable BPCL to take full input tax credit under VAT Act, in the absenceof which, payment shall not be released. T.I.N. No. shall be indicated in all localpurchase orders / invoices towards procurement of materials. T.I .N no will beprovided to Contractor after the job is awarded.35.0 INSURANCEThe Contractor shall comply with the provisions of the GCC (GeneralConditions of Contract) Section -VII -Clause 84 -Insurance.36.0 DEFECT LIABILITY PERIODThe contractor shall guarantee the installation work for a period of 12 monthsfrom the date of completion of work and warranties for repaired or replacedwork shall not exceed 6 months past the original warranty expiration date ofwork.The Contractor shall comply with the provisions of the GCC (Generalconditions of Contract) Section – V – Performance of Work – Clause 72 andsub clauses.37.0 ARBITRATIONa) Any dispute or difference of any nature whatsoever, any claim, crossclaim,counter-claim or set off of the Corporation against the Contractoror regarding any right, liability, act, omission or account of any of theparties hereto arising out of or in relation to this agreement shall bereferred to the Sole Arbitration of the Director (Refineries) of theCorporation or of some officer of the Corporation who may benominated by the Director (Refineries). The Contractor will not beentitled to raise any objection to any such arbitrator on the ground thatthe arbitrator is an Officer of the Corporation he had expressed viewson all or any other matters in dispute or difference. In the event of thearbitrator to whom the matter is originally referred being transferred orvacating his office or being unable to act for any reason, the Director(Refineries) as aforesaid at the time of such transfer, vacation of officeor inability to act may in the discretion of the Director (Refineries)designate another person to act as arbitrator in accordance with theterms of the agreement to the end and intent that the original Arbitratorshall be entitled to continue the arbitration proceedings not withstandinghis transfer or vacation or office as an Officer of the Corporation if theDirector (Refineries) does not designate another person to act asarbitrator on such transfer, vacation of office or inability of originalarbitrator. Such persons shall be entitled to proceed with the referencefrom the point at which it was left by his predecessor. It is also a term ofthis contract that no person other than the Director (Refineries) or aperson nominated by such Director (Refineries) of the Corporation asaforesaid shall act as arbitrator hereunder. The award of the arbitratorPage 93 of 268


so appointed shall be final, conclusive and binding on all parties to theagreement subject to the provisions of the Arbitration Act 1996 or anystatutory modification or re-enactment thereof and the rules made thereunder for the time being in force shall apply to the arbitrationproceedings under this clause.b) The arbitrator shall have power to order and direct either of the partiesto abide by, observe and perform all such directions as the arbitratormay think fit, having regard to the matters in difference i.e. disputebefore him. The arbitrator shall have all summary powers and may takesuch evidence oral and/or documentary, as the arbitrator in his absolutediscretion thinks fit and shall be entitled to exercise all powers under theArbitration Act, 1996 including admission of any affidavit as evidenceconcerning the matter in difference i.e. dispute before him.c) The parties against whom the arbitration proceedings have beeninitiated that is to say, the Respondents in the proceedings, shall beentitled to prefer a cross-claim, counter-claim or set off before theArbitrator in respect of any matter, an issue arising out of or in relationto the Agreement without seeking a formal reference of arbitration to theDirector (Refineries) for such counter-claim, cross-claim or set off andthe Arbitrator shall be entitled to consider and deal with the same as ifthe matters arising there from has been referred to him originally anddeal with the same as if the matters arising there from has beenreferred to him originally and deemed to form part of the referencemade by the Director (Refineries).d) The arbitrator shall be at liberty to appoint, if necessary any accountantor engineering or other technical person to assist him and to act by theopinion so taken.e) The arbitrator shall have power to make one or more awards whetherinterim or otherwise, in respect of the dispute and difference and inparticular will be entitled to make separate awards in respect of claimsor cross-claim of the parties.f) The arbitrator shall be entitled to direct any one of the parties to pay thecosts of the other party in such manner and to such extent as thearbitrator may in his discretion determine and shall also be entitled to,require one or both the parties to deposit funds in such proportion tomeet the arbitrator’s expenses whenever called upon to do so.g) The parties hereby agree that the courts in the city of Mumbai aloneshall have jurisdiction to entertain any application or other proceedingsin respect of anything arising under this agreement and any award orawards made by the Sole Arbitrator hereunder shall be filed in theconcerned courts in the city of Mumbai only.38.0 JURISDICTIONThe Contractor shall comply with the provisions of the GCC SECTION-VIII(Labour Laws & Other Regulations Clause – 92 – Jurisdiction)39.0 LIQUIDATED DAMAGESPage 94 of 268


In case of delays in completing works in the stipulated time, Owner reservesthe right to recover/withhold liquidated damages at 0.5 % of the contract valuefor every week of delay or part there of subject to a maximum of 5 % of thetotal contract value until the work is satisfactorily completed and handed over.Such damages may be deducted by the Owner from any money due to theContractor and any further amount due from the Contractor.40.0 ORDER OF PRECEDENCEThe following order of precedence shall be followed in case of any conflictbetween various parts of the <strong>tender</strong> specifications:1. Commercial and General Part Addendum / Corrigendum2. Special Conditions of Contract3. General Conditions of Contract Technical Part4. Drawings5. Bill of Quantities (BOQ)6. Scope of Work7. Other Specifications and Standards referenced in the aboveSpecification and Material requisition.8. Indian Rules and Regulations.9. Other National and International Standards. The Bidder shall bring tothe notice of STRUCTWEL/BPCL any such variations / conflictsbetween various parts of the <strong>tender</strong> and obtain approval beforeproceeding with such information for engineering/design.41.0 PATENTS & ROYALTIESThe vendor shall fully indemnify the Owner (BPCL) and users of materialsspecified herein/supplied against any action, claim or demand, costs &expenses arising from or incurred by reasons of any infringement or allegedinfringement of any patent, registered design, trademark, or name, copyright orany other protected rights in respect of any material supplied or anyarrangement, system or method of using, fixing or working used by the vendor.In the event of any claim or demand being made or action sought againstowner in respect of any of the aforesaid matter, the vendor shall be notifiedthereof immediately and the vendor shall at his / its own expense with (ifnecessary) the assistance of owner (whose all expense shall be reimbursed bythe vendor) conduct all negotiations for the settlement of the same and / orlitigation which may arise thereof.Page 95 of 268


SCOPE OF WORK(ANNEXURE – I TO SPECIAL CONDITIONS OF CONTRACT)Page 96 of 268


1.0 SCOPE OF WORK<strong>Bharat</strong> <strong>Petroleum</strong> Corporation Limited (BPCL) is setting up new workshopcomplex in its existing Refinery at Mahul, Mumbai. For New workshopcomplex it is proposed to install 8 nos.Eot cranes of Various Capacities.M/s Structwel Designers & Consultants Pvt. Ltd. (Structwel) has beenappointed as the Project Management Consultant to provide Engineering,Procurement and Construction Management services for this project andthey shall be Engineer-In-Charge for this work.All the Bidders shall quote for all the cranes including erection / commissioning/ load testing and Comprehensive AMC charges for a period of 7 years.The contractor shall carry out all types of works listed in 'Schedule of rates' asand when required throughout the period of contract as per the direction ofEngineer-in-charge .The Scope of work as mentioned below but is notrestricted to the following.1. Design, manufacture and supply of 8 nos. <strong>EOT</strong> cranes includingassociated items like rails, cables, electrical fittings etc as per attachedspecification in Annexure - 12. Erection, Testing and Commissioning of all <strong>EOT</strong> cranes as perAnnexure -13. Comprehensive AMC for all <strong>EOT</strong>s for a period of 7 years as perAnnexure -1* The erection of Eot Cranes shall be done with roof of workshop shed inplace .Contractor shall make all arrangements accordingly. Contractor shallensure no damage to floor or structure /roof during erection and commissioning2.0 GENERALThe work covered in this specification is of a sophisticated nature requiringquality and precision workmanship. This specification calls for the execution ofwork to the required quality standards in the most expeditious manner toensure successful and timely commercial operation of the equipment installed.It is essential that the CONTRACTOR has adequate previous experience insimilar work under his direct responsibility and supervision. He must have, inhis possession, adequate quantities of precision tools and Construction/erection aids and must have on his direct rolls, adequately trained, qualifiedand experienced engineers, supervisory staff and other manpower.The BIDDER shall be deemed to have become thoroughly familiar with thespecification requirements, to have studied the available documents / drawingsand to have familiarized himself with site conditions before submitting his bid.In his own interest the BIDDER is advised to visit the site on any working day(Monday to Friday) between 9.00 A.M. to 4.00 P.M. to familiarize himself withthe site conditions and the nature of work to be carried out. Any claim onaccount on non-familiarity after the award of contract will not be entertained bythe OWNER / CONSULTANT.Page 97 of 268


The Contractor’s scope of work consists of the scope mentioned in the <strong>tender</strong>,but not limited to the same. The scope of work shall also include otheritems/works required to complete the work in all respects as per specifications,drawings and instructions of Engineer-in-Charge whether specificallymentioned or not in the <strong>tender</strong> document.SCOPE OF SUPPLY(ANNEXURE – II TO SPECIAL CONDITION OF CONTRACT)Page 98 of 268


1.0 SCOPE OF SUPPLYBPCL shall not supply any Chargeable / Non Chargeable Materials.Page 99 of 268


TIME SCHEDULE(ANNEXURE – III TO SPECIAL CONDITION OF CONTRACT)Page 100 of 268


1.0 TIME SCHEDULEAs mentioned in Special Purchase condition.Page 101 of 268


MEASUREMENT OF WORKS(ANNEXURE – IV TO SPECIAL CONDITION OF CONTRACT)Page 102 of 268


1.0 MEASUREMENT OF WORKS (FOR PROGRESSIVE PAYMENTS)Please refer to Technical Section / Schedule of Rates of the enclosed biddingdocument. The mode of measurement has been given under the respectiveitem /specification in S.O.R..Page 103 of 268


TERMS OF PAYMENT(ANNEXURE – V TO SPECIAL CONDITIONS OF CONTRACT)Page 104 of 268


The Bills, Measurements and Payment shall be as per Section-VI of the GeneralConditions of Contract provided along with the bid documents.1.0 MOBILIZATION ADVANCENo mobilization advance shall be paid2.0 ON ACCOUNT PAYMENTSAs mentioned in Special Purchase condition.3.0 SECURED ADVANCENo advance shall be paidPage 105 of 268


BIDDER’S QUALITY MANAGEMENT SYSTEM REQUIREMENTS(ANNEXURE – VI TO SPECIAL CONDITION OF CONTRACT)Page 106 of 268


1.0 INTRODUCTIONThis specification establishes the Quality Management System requirements tobe met by BIDDER. In case of any conflict between this specification and otherprovisions of the <strong>tender</strong> document / MR / PR, the same shall be brought to thenotice of BPCL, at the stage of bidding and shall be resolved with BPCL, priorto the placement of order.2.0 DEFINITION2.1 BIDDERFor the purpose of this specification, the word “BIDDER” means the person(s),firm, company or organization who is under the process of being contracted byBPCL for delivery of some products (including service). The word is consideredsynonymous to supplier, contractor or vendor.2.2 PROJECT QUALITY PLANDocument tailored from Standard Quality Management System Manual ofBIDDER, specifying how the quality requirements of the project will be met.2.3 OWNEROwner means the owner of the project for which services / products are beingpurchased and includes their representatives, successors and assignees.3.0 REFERENCE DOCUMENTSBidder shall prepare Quality assurance and Quality Control plan and getit approved from the Consultants4.0 QUALITY SYSTEM REQUIREMENTS5.1 BIDDER shall ensure that the responsible authority for execution of the order /contract has communicated the PO / contract requirements including anyidentified or intended statutory and regulatory requirements to all concerned insub-contractor’s organization who are contributing to the execution of the PO /contract.5.2 BIDDER shall establish a documented Quality Policy and Quality Objectives toachieve the specified and intended requirement of purchase order / contract.5.3 BIDDER shall identify and communicate the responsibilities and authorities ofthe personnel contributing to the execution of the order / contract.5.4 BIDDER shall deploy competent and trained personnel for various activities forfulfillment of PO / contract. BIDDER shall arrange adequate infrastructure andwork environment to ensure that the specification and quality of the deliverableare maintained.5.5 BIDDER shall do the quality planning for all activities involved in delivery oforder. The quality planning shall cover as minimum the following:• Resources• Product / deliverable characteristics to be controlled.Page 107 of 268


• Process characteristics to ensure the identified product characteristics arerealized• Identification of any measurement requirements and acceptance criteria• Records to be generated• Need for any documented procedure5.6 Requirements for sub-contracting / purchasing of services specified in contract/ <strong>tender</strong> shall be adhered to. Wherever requirements are not specified, thesub-contractor shall establish and maintain a system for purchasing / subcontractingto ensure that purchased product / service conforms to specifiedrequirements. Criteria for selection of sub-contractor, evaluation, re-evaluation,maintenance of purchasing data and verification of purchased product (subcontractorservices), constitute important components of this requirement.5.7 BIDDER shall plan and carry production and service provision under controlledconditions. Controlled conditions shall include, as applicablea) The availability of information that describes the characteristics of theproductb) The availability of work instructionsc) The use of suitable equipmentd) The availability and use of monitoring and measuring devicese) The implementation of monitoring and measurementf) The implementation of release, delivery and post delivery activities.5.8 BIDDER shall validate any processes for production and service provisionwhere resulting output cannot be verified by subsequent monitoring andmeasurement. This includes any process where deficiencies become apparentonly after the product is in use or service has been delivered.5.9 BIDDER shall establish a system for identification and traceability of product /deliverable throughout product realization. Product status with respect toinspection and testing requirements shall be identified.5.10 BIDDER shall identify, verify, protect and safeguard Owner property (material /document) provided for use or incorporation into the product. If any Ownerproperty is lost, damaged or otherwise found to be unsuitable for use, this shallbe reported to the Owner.5.11 BIDDER shall preserve the conformity of product / deliverable during internalprocessing and delivery to the intended destination. Requirements mentionedin the <strong>tender</strong> shall be adhered to.5.12 BIDDER shall establish system to ensure that inspection and testing activitiesare carried out in a manner that is consistent with the inspection and testingrequirements. Where necessary, measuring equipments shall be calibrated atspecified frequency, against national or international measurement standards;where no such standard exists, the basis used for calibration shall be recorded.The measuring equipments shall be adjusted or re-adjusted as necessary,identified to enable the calibration status to be determined. The measuringequipments shall be protected from damage during handling, maintenance andstorage.Page 108 of 268


5.13 BIDDER shall ensure effective monitoring, using suitable methods, of theprocesses involved in production and other related processes for delivery of thescope of contract.5.14 BIDDER shall monitor and measure the characteristics of the productdeliverable to verify that product requirement has been met. The inspection(stage as well as final) by BIDDER and Owner personnel shall be carried outstrictly as per the ITPs forming part of the contract. Product release or servicedelivery shall not proceed until the planned arrangements have beensatisfactorily completed, unless otherwise approved by relevant authority andwhere applicable by Owner.5.15 BIDDER shall establish and maintain a documented procedure to ensure thatthe product which does not conform to requirements is identified and controlledto prevent its unintended use or delivery5.16 All non-conformities (NCs) / deficiencies found by the BIDDER‟S inspection /surveillance staff shall be duly recorded, including their disposal action shall berecorded and resolved suitably. Effective corrective and preventive action shallbe implemented by the BIDDER so that similar NCs including deficiencies donot recur.5.17 All deficiencies noticed and reported by Owner shall be analyzed by theBIDDER and appropriate corrective and preventive actions shall beimplemented. BIDDER shall intimate Owner of all such corrective andpreventive action implemented by him.5.18 BIDDER shall have documented procedure for control of documents and itshall be submitted for Owner comments.All project records shall be carefully kept, maintained and protected for anydamage or loss until the project completion, then handed over to Owner as percontract requirement, or disposed as per relevant project procedure.6.0 AUDITSBIDDER shall plan and carry out the QMS audit for the job. Quality auditprogramme shall be for systematic audit and surveillance of detailed design,procurement, Construction management and commissioning, vendor and subcontractors(as applicable).The audit programmes and audit reports shall be submitted to OWNER /STRUCTWEL as per BIDDER’S documentation requirement matrix.STRUCTWEL or OWNER’S representative reserves the right to attend, as awitness, any audit conducted during the execution of the WORKS.Page 109 of 268


7.0 DOCUMENTATION REQUIREMENTSBidders shall submit the following documents.Sr.No.Document1.Quality Assurance and Qualitycontrol Plan2. CVs of the personnel in4.BIDDER‟S OrganogramOrganization charta) for complete organizationTo Be SubmittedAt BidStageAfter Awardof JobNo. ofCopies 04 03 04b) for the project04Page 110 of 268


HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT(ANNEXURE – VII TO SPECIAL CONDITION OF CONTRACT)Page 111 of 268


SAFETY REGULATIONS:1 GENERAL:Contractor shall adhere to safe Construction practice and guard againsthazardous and unsafe working conditions and shall comply with Employer’ssafety rules as set forth herein.2 SAFETY REGULATIONS:In respect of all labor, directly or indirectly employed in the work for theperformance of Contractor’s part of this agreement, the Contractor shall at hisown expense arrange for all the safety provisions as per safety codes of IndianStandards Institution, statutory requirements of Factory Building Act and allother statutory requirements, Regulations, Rules, and orders made there underand such other acts as applicable. Special attention shall be given to thevarious provisions of safety codes of Factories Act, 1948 & statutoryamendments or modifications enforced time to time.The Contractor shall observe and abide by all safety, fire safety regulationsadopted by the Employers. Before starting Construction work, Contractor shallconsult Employers safety Security officer and must make good to thesatisfaction of the Employer any loss or damage due to fire to any portion of thework done or to be done under this contract or to any of the Employer’s existingproperty.The Contractor shall organize his operations in a workmanlike manner andtake all necessary precautions to provide safety and prevent accidents onthe site to both person and property. The Consultant shall have the powerto require the Contractor to adopt from time to time such measures as he mayconsider necessary to ensure the above requirement.Safety Regulations:(i)(ii)(iii)(iv)All personnel of the Contractor working within the plant site shall beprovided with safety helmets, safety shoes, goggles, gloves and SafetyHarness for working at height. All welders shall wear welding goggleswhile doing welding work and all metal workers shall be provided withsafety gloves. Persons employed on metal cutting and grinding shallwear safety glasses.Adequate precautions shall be taken to prevent from electrical equipment.No materials on any of the sites of work shall be so stacked or placed asto cause danger or inconvenience to any person or the public.Contractor shall maintain first aid facilities for his employees and those ofhis specialized agencies.All critical, industrial, reportable and fatal injuries shall be reportedpromptly to Employers first and then to Factory Building inspector’s officeand police department and a copy of Contractor’s report covering eachpersonal injury requiring the attention of a physician shall be furnished tothe Employers. A Contractor shall take all necessary action vis a vis thePage 112 of 268


compliance of statutory requirements of said authorities. Contractors shallsettle all such incidences and keep the Employer indemnified againstcomplications arising out of the same.2 GENERAL RULES:Smoking within the Work Area, is strictly prohibited Violators of the “NoSmoking” rules shall be discharged immediately3 CONTRACTOR’S BARRICADES:I. Contractor shall erect and maintain at his own cost barricades requiredin connection with his operation to guard or protect the entire workingarea including storage, sea fronts and site offices etc.II. Barricades and hazardous areas adjacent to but not located in normalroutes of travel shall be marked by red flasher lanterns at night withoutany extra cost.III Complete construction site shall be barricaded by contractor withoutany extra cost. Temporary barricading shall be done for minimum 6.0mt height using Colour coated GI sheets with proper supporting systemmade of structural steel and shall have wicket gate and material gate.Security shall be provided to all gates to control the entries without anyextra cost.IV. The contractor has to provide Sign board at site with detailed name ofproject, name of client and name of consultant with name of contractorat the entrance of the site and shall be clearly visible without any extracost.V. The Contractor shall also comply with the provisions of EnvironmentProtection Act with regard to air, water & noise pollution.VI. The contractor shall provide suitable safety net to prevent damage toman / material at site without any extra cost.VII. Contractor’s employees and those of his agencies shall becomeacquainted with Employer’s barricading practice and shall respect theprovisions thereof.VIII. Contractor to make proper arrangement for barricading and curtainingoff all the existing parts of the factory using Colour coated GI sheetswith proper supporting system made of structural steel as directed bythe engineer in charge.Page 113 of 268


4 SCAFFOLDING: ALL SCAFFOLDS ARE STEEL DOUBLE LEG WITHHORIZONTAL MEMBERS AT EVERY THREE FEET AND PROPERLY TIEDLATERALLY WITHOUT MAKING HOLES IN THE MASONRY. NO EXTRAPAYMENTS SHALL BE ENTERTAINED TOWARDS THIS ANDCONTRACTOR’S RATES SHALL BE INCLUSIVE WITH THESECONDITIONS.i) Suitable scaffoldings shall be provided for workmen for all works thatcannot safely be done from the ground or from solid Construction exceptsuch short period works as can be done safely form ladders. When aladder is used a Mazdoor shall be engaged for holding the ladder and ifthe ladder is used for carrying materials as well suitable foot-holds andhandholds shall be provided on the ladder and the ladder shall be givenan inclination not steeper than 1 in 4 (1 horizontal and 4 vertical)ii)iii)iv)Scaffolding or staging more than 4 meters above the ground or floorsswing or suspended from an overhead support or erected with stationarysupport shall have a guard rail properly attached, bolted, braced andotherwise retarded at least one meter high above the floor or platform ofsuch scaffolding or staging and extending along with entire length of theoutside the ends thereof with only such openings as may be necessaryfor the delivery of materials. Such scaffolding or staging shall be sofastened as to prevent it from swaying from the building or structure. Onlysteel scaffolding with ‘H’ frames and double support, properly braced shallbe allowed to be used.Working platform, gangways and stairways shall be so constructed thatthey should not sag unduly or unequally and if the height of the platformof gangway or the stairway is more than 4 meters above ground level orfloor level, they should be closely boarded, should have adequate widthand should be suitable fastened as described in (ii) above.Every opening in the floor of a building or in a working platform isprovided with suitable means to prevent the fall of persons or materials byproviding suitable fencing or railing whose minimum height shall be 1meter.v) Safe means of access shall be provided to all working platforms and otherworking places. Every ladder shall be securely fixed. No portable singleladder shall be over 9 meters in length. The width between the side railsin run ladder shall in no case be less than 30 cm for ladder up to andincluding 3 meters in increased at least 15 mm for each additional meterof length. Uniform step spacing shall not exceed 30cms. Adequateprecautions shall be so stacked or placed as to cause danger orinconvenience to any person or public. The Contractor shall also provideall necessary fencing and lights to protect the workers and staff fromaccidents, and shall be bound to bear the expenses of defense of everysuit action or other proceedings of law that may be brought by any personfor injury sustained owing to neglect of the above precautions and to payany damages and cost which may be awarded in any such suit or actionPage 114 of 268


or proceedings to any such person or which may with the consent of theContractor be compromise any claim by any such person.vi)vii)The Contractors shall give all technical details about scaffolding systemsbefore erecting the same and only after obtaining specific sanction fromClient/consultants shall erect the same. In any case all the responsibilityof safety aspect shall be borne by Contractors only.The contractor should provide aluminum staircase for easy access to thescaffolding and other inspection areas free of cost.6 EXCAVATIONS AND TRENCHING:All trenches 1.2 meters or more in depth shall at all times be supplied with atleast one ladder for each 5 M length or fraction thereof including shoring andstrutting if required.Ladder shall be extended from bottom of the trenches to at least 1 meter abovethe surface of the ground. The sides of the trenches which are 1.5 meters indepth shall be stepped back to give suitable slope, or securely held by timberbracing, so as to avoid the danger of sides to collapse. The excavatedmaterials shall not be placed within 1.5 meters of the edge of the trench or halfof the trench width whichever is more. Cutting shall be done from top tobottom. Under no circumstances undermining or under-cutting shall be done.7 GENERAL SAFETY:i) Before any Construction work is commenced and also during the processof the Construction work,a. All roads and open areas adjacent to the work site shall either beclosed or suitably protected.b. No electric cable or apparatus, which is liable to be a source ofdanger, shall remain electrically charged.c. All practical steps shall be taken to prevent danger to personsemployed from risk of fire or explosion or flooding. No floor, roof orother part of the building shall be so overloaded with debris ormaterials as to render it unsafe.d. All persons connected with the execution of works shall were safetyhelmets, safety shoe, gloves, safety belts, shields, goggles andprotective appliances, safety ladders, platforms etc. to the specificrequirements of the work.e. Suitable screens, curtains (plastic mesh hassion) shall be provided.The same shall be maintained in good condition at all the times.ii)All necessary personal safety equipments as considered adequate by theCLIENT/CONSULTANTS shall be kept available for the use of thepersons employed at the site and maintained in condition suitable forimmediate use, and the Contractor shall take adequate steps to ensureproper use of equipment by persons concerned as outlined below:Page 115 of 268


a. Workers employed on mixing asphaltic materials, cement and limemortars shall be provided with protective footwear and protectivegloves.b. Those engaged in white washing and mixing or stacking of cementbags or any materials, which are injurious to the eyes, shall beprovided with protective goggles.c. Those engaged in welding and cutting works shall be provided andprotective face and eye-shields, hand gloves etc.d. Stone breakers shall be provided with protective goggle andprotective clothing and seated as sufficiently safe intervals.e. When workers are employed in sewers and manholes which are inuse, the Contractor shall ensure that the manhole covers areopened and are ventilated at least for an hour before the workersare allowed to get into the manholes, and the manholes so openedshall be cordoned off with suitable railing and providing with warningsignals or board to prevent accident to the public.f. The Contractor shall not employ men below the age of 18 years andwoman on the work of painting with products containing lead in leadin any form. Wherever men above the age of 18 years are employedon the work of lead painting, the following precautions should betaken.I. No paint containing lead or lead product shall be used except inthe form of paste or ready-made paint.II. Suitable face masks shall be supplied for use by the workerswhen paint is applied in the form of spray or a surface havinglead paint dry rubbed and scrapped.III. Overall shall be supplied by the Contractor to the workmen andadequate facilities shall be provided to enable the workingpainters to wash them on cessation to work.iii)iv)When the work is done near any place where there is a risk of drowningall necessary safety equipments shall be provided and kept ready for useand all necessary steps taken for prompt rescue of any person in dangerand adequate provision should be made for prompt first aid treatment ofall injuries likely to be sustained during the course of the work.Use of hoisting machines and tackles including their attachments,anchorage and supports shall confirm to the following standard orconditions: -a. These shall be of good mechanical Construction, should materialsand adequate strength and free from patent defects and shall bekept in good working order.b. Every rope used in hoisting or lowering materials or as means ofsuspension shall be of durable quality and adequate strength andfree from patent defects.c. Every crane driver or hoisting appliance operator shall be properlyqualified and no person under the age of 21 years should be incharge of any hoisting machine including any scaffolding winch orgive signals to the operator.d. In case of every hoisting machine and of every chain ring hook,shackle swivel and pulley block used in hoisting or lowering or asPage 116 of 268


means of suspension, the safe working load shall be ascertained byadequate means. Every hoisting machine and all gear referred toabove shall be marked with the safe working load and the conditionsunder which it is applicable shall be clearly indicated. No part of anymachine or any gear referred to above in this paragraph shall beloaded beyond the safe working load except for the purpose oftesting.e. In case of departmental machine, the safe working load shall benotified by the CLIENT/CONSULTANTS. As regards Contractor’sMachine, the Contractor shall notify the safe working load of themachine to the CLIENT/CONSULTANTS whenever he brings anymachinery to site of work.v) Motors, gears, transmission lines, electric wiring and other dangerousparts of hoisting appliances shall be provided with efficient safeguards.Hoisting appliances shall be provided with such means as to reduce tothe minimum the accidental descent of the load, adequate precautionsshould be taken to reduce the minimum the risk of any part or parts of asuspended load becoming accidentally displaced. When workers areemployed on electrical installations, which are already energized,insulting mats, wearing appeal such as gloves sleeves and boots as maybe necessary shall be provided. The workers shall not wear any rings,watches and carry keys or other materials, which are good conductors ofelectricity.vi)vii)All scaffoldings, ladders and other safety devices mentioned or describedherein shall be maintained in safe conditions and no scaffoldings, ladderor equipment shall be altered or removed while it is in use. Adequatewashing facilities shall be provided at or near place of work. TheContractor shall indemnify the Employer against any damageswhatsoever arising due to injury sustained by any person because of noprovision of adequate barricades/fencing and lighting arrangements.These safety provisions shall be brought to the notice of all concerned bydisplaying on a notice board at a prominent place at the work spot. Theperson responsible for compliance of the safety code shall be namedtherein by the Contractor.viii) All safety measures for construction activities shall be as per BIS, unlessand otherwise as stated.ix)All ensure effective enforcement of the rules and regulations relating tosafety precautions, the arrangements made by the Contractor shall beopened to inspection by the welfare officer of the company orCLIENT/CONSULTANTS or their representatives.x) Notwithstanding the above clauses there is nothing in these to except theContractor from the operations of any other ACT or rules in force in theRepublic of India. The works throughout, including any temporary works,shall be carried out in such a manner as not to interfere in any waywhatsoever with the traffic in any roads or footpaths at the site or inPage 117 of 268


vicinity thereto or any existing works whether the property of theEmployer or of a third party.8 CARE IN HANDLING INFLAMMABLE GAS:The Contractor has to ensure all precautionary measures and exercise utmostcare in handling the inflammable gas cylinders / inflammable liquids / paintsetc, as required under the laws and/or as advised by the security officer of theEmployers.9 TEMPORARY COMBUSTIBLE STRUCTURES:Temporary combustible structures will not be built near or around work site.10 PRECAUTIONS AGAINST FIRE:The Contractor will have to provide adequate Fire Extinguishers / Fire Bucketsand drums at work site as recommended by Client/client/consultantsrepresentative. They will have to ensure all precautionary measures andexercise utmost care in handling the inflammable gas cylinders/inflammableliquid/paints etc. as advised by CLIENT/CONSULTANTS. Temporarycombustible structures will not be built near or around the work site.11 EXPLOSIVES:Explosives shall not be stored or used on the works or on the site by theContractor without the permission of the Client/consultants representative inwriting and then only in the manner and to the extent to which such permissionis give. When explosives are required for the works they shall be stored in aspecial magazine to the provided at the cost of the Contractor in accordancewith the Explosive Rules. The Contractor shall obtain the necessary license forthe storage and the use of explosives and all operations in which or for whichresponsibility of the Contractor shall indemnify the Employer against any lossor damage resulting directly or indirectly.12 PRESERVATION OF PLACE:The Contractor shall take requisite precautions and use his best endeavors toprevent any riotous or unlawful behavior by or amongst his workmen andothers employed on the works and for the preservation of peace and protectionof the inhabitants and security of property in the neighborhood of the work. Inthe event of the Employer requiring the maintenance of special police force ator in the vicinity of the site during the tenure of works, the expense thereofborne by the Employer shall be recoverable from the Contractor.13 OUTBREAKS OF INFECTIOUS DISEASES:The Contractor shall remove from his camp such labor and their families asrefuse protective inoculation and vaccination when called upon to do so by theClient/consultants representative. Should cholera, plague or other infectionsdiseases break out the Contractors shall burn the huts, beddings, clothes andother belongings of or used by the infected parties and promptly erect new hutson the sites as required by Client/consultants representative failing which withinthe time specified in the Consultant’s requisition, the work may be done by theEmployer and the cost thereof recovered from the Contractor.Page 118 of 268


14 USE OF INTOXICANTS:The sale of adent spirits or other intoxicating beverages upon the work in anyof the buildings encampments or tenements owned, occupied by or within thecontrol of the Contractor or any of his employees is forbidden and theContractor shall exercise his influence and authority to the utmost extent tosecure strict compliance with this condition.In addition to the above, the Contractor shall abide by the safety code provisionas per Indian Standard Safety Code framed from time to time.15 BREACH OF SAFETY REGULATIONS:Breach of safety regulations will be viewed very seriously and the Contractorsshall be liable for punitive action as will be recommended by the safety officerof the Employers. A minimum fine of Rs. 1000/- will be deducted from RA billfor every safety breach in that month.16 REMOVAL OF IMPROPER WORK AND MATERIALS:1) The client/consultant shall during the progress of the Works have powerto order in writing from time to time.(a)(b)(c)The removal from the site within such time or times as may bespecified in the order of any materials which in the opinion of theclient/consultant are not in accordance with the Contract.The substitution of proper and suitable materials andThe removal and proper re-execution (not withstanding any previoustest thereof or Interim payment thereof) of any work which in respectof materials or workmanships not in the opinion of theclient/consultant in accordance with the Contract.2) Default of Contractor in compliance:In case of default on the part of the Contractor in carrying out suchorder the Client shall be entitled to employ and pay other persons tocarry out the same and all expenses consequent thereon or incidentalthereto shall be borne by the Client and shall be recoverable from himby the Client or may be deducted by the Client from any monies dueor which may become due to the Contractor. Appropriate deductionsmay be made in the payment due to the contractor if in the opinion ofthe client/consultant any part of the work has not been carried out by thecontractor in accordance with the contract and the specifications.Amount of such deductions will be decided by the client/consultant.17. WORK PERMITS:Note before starting any work a work permit will have to be taken form theclients representative. There will be proper check on all safety parametersbefore start.Page 119 of 268


18. SPECIAL PRECAUTIONS FOR CONSTRUCTION ACTIVITIES.The work shall be carried out in a safe manner as per Refinery norms & workpermit condition shall be scrupulously followed. The work should be plannedand undertaken only under the Supervision of a competent person.No idle time wages or compensation for temporary stoppages of work orrestrictions would be paid and the rate quoted for various items of work shouldcover the cost of all such contingencies and eventualities. Substantialstructures and utilities exist both above ground and underground, adjacent tothe work site, Special care is necessary in transportation, storage, working onequipments and other construction activities to protect the existing features andprevent damage to any facility. Necessary protective structures , barricadesetc. have to be erected at various places as directed by Engineer in charge. Noextra payment of such protective work will be made all roads and open areasadjacent to the work site shall either be closed or suitably protected.No electrical cables or apparatus which is liable to be source of danger shallremain electrically charged.No floor, roof or other part of the building shall be so overloaded with debris ormaterials as to render it unsafeStructural drawings shall be provided wherever possible.An initial survey should be carried out to identify any structural problems.The construction shall always be planned before hand and shall be done inreverse order of the one in which the structure was constructed. A method ofConstruction should be formulated after the survey and recorded in a methodstatement having taken all the various considerations into account andidentifying the problems and their solutions. The scheme shall be got approvedfrom the Engineer before starting the work.Necessary propping and/or under-pinning shall be provided for the safety of theadjoining work or property before construction work is taken up and the workshall be carried out in such a way that no damage is caused to the adjoiningstructure or property . Temporary supports, enclosures or partitions shall alsobe provided as deemed necessary.Necessary precautions shall be taken to keep down the dust nuisance.Construction shall be done in a systematic manner . All materials which arelikely to be damaged by dropping from a height or demolishing roof sheets ,masonry if any etc. shall be carefully removed first . The dismantled articlesshall be passed by hand where necessary, lowered to the ground and thenproperly stacked as directed by the Engineer.The contractor shall divert and maintain disconnected services whethertemporary or permanent if required as directed by the Owner /Engineer.Page 120 of 268


The contractor to note that while using such pneumatically operated tools,necessary precautionary measures to be taken so that adjacent members arenot damaged/cracked.Construction shall be done manually using hand operated chisel with flat facehammers. The weight of the hammer shall be generally 15 lbs wherepneumatic/ electric driven tools are not permissible.Construction of structural steel shall be done in a safe manner by Gascutting/cold cutting . Contractor shall make proper booth as per BPCL safetyrequirement for Hot work and as per permit conditions. Running water hoseand DCP bottle shall be kept during hot work. Dismantled structure should belowered down on ground with safely using proper lifting tools/crane/hydra etcas applicable.Contractor shall take special care while construction and arrange for lifting toolsand tackles with proper scaffolding as per BPCL safety standards so thatnothing falls down while construction and entire job is completed with safetyConcrete sawing or cutting using standard concrete cutters/ or any othermethod shall also be permitted depending upon the type of Structure and withthe approval of the Engineer.Care should be taken not to demolish any parts which would destroy thestability of other parts.Demolition activities should not be continued under adverse climatic conditionssuch as high winds which could cause the collapse of already weakenedstructures.To prevent hazards parts of structures should be adequately shored braced orotherwise supported.Structures should not be left in a condition in which they could be brought downby wind pressure or vibration. where a deliberate controlled collapse techniqueis to be used expert engineering advice should be obtained.All precautions should be taken to prevent danger from any sudden twist,spring or collapse of steel work iron work or reinforced concrete when it is cutor released.Steel construction should be demolished tier by tier.Structural steel parts should be lowered and not dropped from a height.BPCL conducts an intensive training programme on various aspects of Fire &Safety, on regular basis, at Refinery-Fire Station. It is the responsibility of theContractor to nominate all the supervisors/labors (likely to be employed for thisjob) for training through BPCL engineer. The successful completion of trainingis mandatory requirement (in addition to other qualifications/experiencesmentioned earlier) for any supervisor/labor to be eligible for working at Refinerywork site. Failing which no supervisor/labor will be deputed for working atPage 121 of 268


Refinery work site. Contractor shall also send all the other workmen deployedat Refinery for this training.Contractor shall arrange all required safety gadgets like safety helmet, safetyBelt, safety shoes, Boiler suit, Gloves, Goggles etc. for their workmen andmaintained in condition suitable for immediate use and the contractor shall takeadequate steps to ensure proper use of equipment by those concerned.Contractor shall submit detail safety action plan & quality assurance planbefore start of work within 3 days from the date of PO & get it approved fromBPCLPage 122 of 268


WORK IN MONSOONSPECIAL PRECAUTIONS & MOBILISATION REQUIREMENTS(ANNEXURE – VIII TO SPECIAL CONDITION OF CONTRACT)Page 123 of 268


Contractor must take due cognizance of the presence of rainy season / days inhis scheduled completion period and accordingly, shall take all necessaryactions to protect, reorganize and progress the work, uninterruptedly during themonsoon period.Contractor to collect all meteorological data from the local authority and collectnecessary information about the intensity, frequency and period of rainyseason.No extension of time due to interruption / suspension of work, water logging,reduced / slowing down of progress, non-availability of manpower etc.,whatsoever may be the reason, shall be tenable on account of monsoon andfurther no claim for stand-by of manpower and equipment, other resources etcshall be paid for.The successful bidder shall be required to submit within 15 days of Letter ofAcceptance of offer / award of work, to the Engineer-in-Charge / BPCL hiscontingency plan for work during monsoon clearly stating their methodology /strategy to progress uninterruptedly during monsoon mentioning thedeployment of resources viz. numbers, capacity, category of equipment andmanpower on a weekly basis for approval. The contingency plan shall includeall provisions for constructing and maintaining temporary infrastructure likeapproach road, temporary drains in and around work area, dewatering whethernatural or forced to keep the work area free from water logging so as tomaintain the same always in a state worthy of vehicular, human andequipment movement. The work area shall be so isolated as to restrict run-offrom the adjacent areas in the work area / site.Additionally, localized (structure wise) monsoon protection shall be provided inorder to facilitate work.The contractor must indicate the structures / areas that he would like toprogress (as per the project schedule and priority) particularly during themonsoon clearly indicating the sub-phases of DemolitionsContractor shall procure and stock sufficient quantities of materials adequatefor the planned volume of the work during the monsoon, well in advance of theonset of same so that progress of work is not affected on this account. TheEngineer-in-charge shall be free to inspect such storing arrangement(particularly at places outside of the pant areas), at any appropriate time asdeemed fit by him.All electrical installations, equipment shall be placed on plinths above groundunder proper rain shed to avoid any inundation, short circuit and hazards ofelectrocution.To maintain the standard welding quality and progress, localized welding boothin sufficient numbers as per instruction of Engineer-in charge shall be installedfor protection against wind and rain.Contractor’s item rates shall include all costs and expenses including supply ofmaterials required for monsoon protection like tarpaulins, shed, structural, GIsheet etc. for the above provisions and no separate payment shall be made onthis account.Page 124 of 268


QUALIFICATIONS AND EXPERIENCE OF KEY SUPERVISORYPERSONNEL(ANNEXURE – IX TO SPECIAL CONDITION OF CONTRACT)Page 125 of 268


Bidder shall deploy people with experience relevant to the project. Thefollowing are the minimum requirements, which the Bidder shall abide by:CATEGORYSITE ENGINEERSITE SURPERVISORSSAFETY SUPERVISIORQUALIFICATION & EXPERIENCEDegree/ Diploma in relevant Engg.discipline with minimum 5 yearsexperience in Installation ,Testing andCommissioningMinimum 3 years relevant experience inInstallation ,Testing and Commissioningmin. 3 years relevant experience inInstallation ,Testing and CommissioningPage 126 of 268


COMPLETION CERTIFICATEDate of commencement of work :Date of completion of work as per agreement :Actual date of completion of work :Extension of time granted: Yes / No / RecommendedIf yes, the letter ref. no. :dtd.Value of Completed work: Rs.Date of Taking over of the completed work :Certified that the above work has been completed in all respects as per drawings,specifications and directions of Engineer-in-Charge on ……………………… and hasbeen taken over from the contractor.It is also certified that the contractor has cleared / cleaned the site (witnessed by theconcerned Engineer from BPCL on dtd. …………………………….as directed byEngineer-in-Charge.Engineer-In-Charge: __________________Name:Countersigned:____________________________________Departmental Head: __________________Name:__________________Page 127 of 268


NO DEMAND CERTIFICATE ( on contractor letter head )1 NAME OF WORK : _______________________________________2 NAME OF CONTRACTOR : ________________________________________3 DATE OF AWARD : ________________________________________4 TIMEALLOWED FOR COMPLETION: ________________________________5 SCHEDULEDATEOF COMPLETION ASPER AGREEMENT :______________6 ACTUALDATEOFCOMPLETION : ___________________________________CERTIFICATE THAT2. The recoveries in respect of material issued to the contractor have been madefrom RA bills. Balance if any is to be recovered from final bill as per thestatement enclosed.3. Recovery on account of Water or Electricity is to be made by BPCL.4. The contractor has made payment to the labour engaged by him and nocomplaint has since been received from any of the labour employed by thecontractor in the performance of the above work. A certificate from subcontractorto this effect is enclosed.5. Work has been completed satisfactorily and is according to the specificationslaid down in the contract.6. None of the heavy equipment were given to the contractor on hire basis andnothing is recoverable on this account or recoveries in respect of hire chargesof heavy equipment have been made from RA bill. Balance if any is to berecovered from Final bill as per statement enclosed.7. Labour hutments have been/have not removed by the sub-contractor andground rent is to be recovered as per statement enclosed.8. The work has been completed within the schedule period.ORThe completion of the work has been delayed by _______months/daysand as such the recovery of liquidated damages to the extent ofRs.______________________ (Rupees __________________may bemade.Extension for ______months/days has been granted by the competentauthority vide letter No. _________________ dtd. ________________.9. The requisite obligations as per contract have been fulfilled by the contractor.ENGINEER-IN-CHARGE ____________________RCM / CHIEF PROJECT MANAGER ____________________ACCOUNTS __________________DATE ____________Page 128 of 268


BHARAT PETROLEUM CORPORATION LIMITEDREFINERY DIVISION, MAHULMUMBAI – 400 074.NO DUE CERTIFICATENAMEOFCONTRACTOR: M/S________________________________DESCRIPTIONOFWORK: ___________________________________WORKORDER NO. &DATE: _________________________________ACTUALDATEOF COMPLETION OFJOB: ______________________We certify that we have fully paid and satisfied all claims for the work relatingto labors, materials supplied, equipment and any other entitlement whatevertouching or affecting the contract. We undertake to indemnify and keepindemnified the owner from and against all claims, demands, debts, linesobligations and liabilities whatever arising there from or relating thereto._________________________________SIGNATURE OF CONTRACTORNAME : _________________________ADDRESS :_______________________________________________________________DATE:Page 129 of 268


BHARAT PETROLEUM CORPORATION LIMITEDREFINERY DIVISION, MAHULMUMBAI – 400 074.SITE CLEARANCE CERTIFICATENAME OF CLIENT : M/s. <strong>Bharat</strong> <strong>Petroleum</strong> Corporation Ltd.(Refinery)NAME OF CONSULTANT :NAME OF CONTRACTOR :P.O. NO. AND DATE :NAME OF WORK :COMPLETION TIME OF JOB:WE HERE BY CERTIFY THAT ALL YOUR MATERIAL, EQUIPMENTS, SITEOFFICE ETC. HAS BEEN REMOVED FROM THE _____________________SITE. WE HAVE CLEARED THE SITE IN ALL RESPECT AND HANDED ITOVER TO BPCL.___________________________SIGNATURE OF CONTRACTORNAME:DATE:ADDRESS:Page 130 of 268


BHARAT PETROLEUM CORPORATION LIMITEDREFINERY DIVISION, MAHULMUMBAI – 400 074.LABOUR LIABILITY CERTIFICATENAME OF CLIENT : M/s. <strong>Bharat</strong> <strong>Petroleum</strong> Corporation Ltd(Refinery)NAME OF CONSULTANT :NAME OF CONTRACTOR :P.O. NO. AND DATE :NAME OF WORK :COMPLETION DATE OF JOB:WE HERE BY CERTIFY THAT ALL OUR LIABILITIES TOWARDS OURDEPLOYED LABOUR HAVE BEEN CLEARED BY US AND WE KEEP M/sBHARAT PETROLEUM CORPORATION LTD. & CONSULTANT______________________________ INDEMNIFIED AGAINST ABOVELIABILITIES.___________________________SIGNATURE OF CONTRACTORNAME:DATE:ADDRESS:Page 131 of 268


(on Rs.100/-stamp paper )DATE:INDEMNITY BONDThis Indemnity Bond made this _______ day of ________200___ betweenBHARAT PETROLEUM CORPORATION LIMITED, a company incorporatedunder companies Act, 1913 and having its registered office at <strong>Bharat</strong> Bhavan,4&6 Currimbhoy Road, Ballard Estate, Bombay-400 038, hereafter referred toas the Company (which expression shall unless excluded by or repugnant tothe context mean included its successors and assigns) of the One Part and________________________________________________________________, hereinafter referred to a CONTRACTOR (which expression shall in case ofproprietorship shall mean his heirs, executors, representatives/in case ofpartnership firm mean and include the heirs, executions and representatives ofdeceased partner and the surviving partners/in case of limited company shallmean and include its successors and permitted assigns) of the other part.WHEREAS by an agreement reference __________dated.______ ______dayof _____________ made between the parties herein the contractor wasawarded a job to be performed on the terms and conditions contained therein.AND WHEREAS in terms of the said agreement the contractor had to complywith all the provisions of the ESI Act and rules as also all the provisions ofcontract labour (Regulations and Abolition's) Act 1970 and rules thereof,Factories Act 1948 and rules thereof, Minimum Wages Act and rules thereof,Payment of Wages Act 1936 and rules thereof, Inter-state Migrant workers Act1979 and rules thereof, Equal Remuneration's Act 1976 and rules thereof,Workmen's Compensation Act 1923 and rules thereof, Payment of Bonus Act1965 and rules thereof and Payment of Gratuity Act 1972 and rules thereof,Employees Provident Fund Act and Miscellaneous Provisions Act 1952 andrules thereof and only other Acts which are applicable in respect of workmenengaged by the contractor for the aforesaid job of the company. ANDWHEREAS the contractor has to regularly pay the subscriptions from theemployee’s wages along with company's contribution as per the provision ofESI Act, P.F. Act and / or any other applicable Act and provisions for GratuityAct also. AND WHEREAS it has been agreed between the parties that in theevent the company is liable or made liable to make any payments or suffer anyloss in respect of the obligation of the contractor towards its labour under thePage 132 of 268


aforesaid Acts or any other law as may be applicable at any point of time thenin such case contractor will make good all such payment to the company in thisregard.AND WHEREAS it has been further agreed that the company at its solediscretion will be entitled to deduct such money as may be required forcomplying the aforesaid obligation of the contractor out of the bills presented bythe contractor.NOW IT IS AGREED THAT1. The contractor hereby agreed to indemnity or keep the companyindemnified against any loss, damage or claim which the company maysuffer due to non-compliance or wrong compliance of any of the provisionsof law as stated above or such other laws which are applicable in respect ofthis contract.2. The company shall be at liberty to deduct such sum, as it may think fit, tokeep them indemnified against the aforesaid possible loss or damage to besuffered by the company.IN WITNESS WHEREOF the aforesaid contractor has signed and delivered onthe day, month and year first above written.SIGNED SEALED AND DELIVEREDBy _______________________In BombayIn the presence of:Page 133 of 268


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ANNEXURE: 01BHARAT PETROLEUM CORPORATION LIMITED, MAHULWORKSHOP COMPLEXTECHNICAL SPECIFICATION FOR <strong>EOT</strong> CRANESCONTENTSI GeneralII Requirements:A) Basic SpecificationB) Technical SpecificationC) Common Bought Out ItemsD) Bill of QuantityAnnexure: 1ADetails of Crane to be furnished with the <strong>tender</strong>.Page 247 of 268


SECTION-I: - GENERAL1.0 Scope of Supply1.1 Scope of supply covers the design, manufacture, supply, erection, testing andcommissioning of <strong>EOT</strong> Cranes as detailed below.1.2 All the above cranes will be as per IS: 3177 Class M5 (II), IS: 807 and other relevantstandards and this Specification and complete with all Electricals, Crane weighing system andstandard accessories as per requirement of each crane. Cranes must be rugged and robust inoperation as per their nature of work.2.0 The following should accompany the offer:a) General Arrangement (GA) drawing to scale (showing elevation, cross section and planof the crane) indicating clearances, hook approaches, lift, location and direction of view ofoperator, wheelbase, wheel loads with spacing etc.b) Information as per Annexure- 1A.c) Design calculations for all motions, structure etc., and selection of bought out items fordeciding the suitability of offer. In absence of this information, the offer may be ignored.d) Deviations from this specification, if any.3.0 Successful Vendor should furnish the following prior to manufacture of the crane for approvalby the purchaser.a) The GA drawings containing all information as described in Clause 2.0(a).b) General layout drawing of the trolley.c) Assembly drawing - inclusive of gearbox details - of individual drives like hoist, longtravel and cross travel.d) Layout of cabin showing location and fixing of all the equipment inside the cabin, suchas Driver's seat, protective panel, isolating and control switches fire extinguishers etc.e) Circuit diagrams showing the wiring for the complete crane.f) Final Design calculations for all motions, structure etc., should be submitted at the timeof approval of GA drawings.g) Quality PlanNote: The successful Vendor is required to measure all necessary dimensions i.e. Span,Head Room, Power supply system and rail size etc., at site before starting of the cranedesign / manufacturing.Page 248 of 268


4.0 The following documents/ information are to be supplied prior to commissioning of the crane.a) All the drawings approved by the purchaser along with all workshop drawings forstructural and mechanical items containing full information such as tolerance, heattreatment etc.b) Operation & Maintenance manuals- 5 Sets, Maintenance Schedule, Lubricating Charts,Electrical circuit diagrams, catalogues of all electrical equipment and drawings mechanicalspare part (i.e. Gears, Wheels, drum, drive shafts) etc. along with information on any otherspecific feature/s. Two sets of CD’s containing the documents / information recorded on itshould also be supplied. Maintenance Manual should have all the recommended Sparesand the All Parts List including name of the manufacturer for the bought out items.5.0 A toolbox containing all necessary tools (e.g., torque wrench, hand grease gun, set ofspanners, screwdrivers etc.) required for the maintenance of the crane should be furnishedalongwith the Crane.6.0 The supplier should furnish material test certificates for all electrical equipment, cables, andparts used in handling loads (e.g. wire ropes, chains, hooks etc.), structural steel, mechanicalcomponents such as couplings, gears boxes, rope drums, pulleys, shafts, wheels etc.7.0 The supplier should ensure that the crane is manufactured as per tolerances specified below.a) Span over L.T Wheels : +/- 6 mm up to 40 meters.b) Diagonal on wheel : +/- 5 mmc) Trolley track gauge : +/- 3 mmd) Long travel wheel alignment : +/- 0.5 mm per metere) Tilt of wheels or balance axle : +/- 0.25 mm per meterg) Difference in height between trolleys rails 6H depending upon trolley track gauge.Trolley track Gauge S (mm) Difference in height between trolleys rails 6HUp to 2500 42500 to 4500 6Above 4500 8h) Speeds at full notch with rated load, Voltage and frequency should be as follows.Traveling and Traversing = +10% /-5%}Hoisting = +10% /-5%} of specified speedLowering = +25% /-5%}Page 249 of 268


8.0 Assembly at site is to be kept as minimum as possible to enable early commissioning of thecrane. Welding at site is to be avoided as far as possible. The supplier should satisfy himselfabout the site condition beforehand to avoid any difficulty during erection and commissioning ofthe crane. The system will be under comprehensive AMC of Seven Years excluding defect liabilityperiod of 01 year from the date of commissioning & handover. Load testing with supply of Loadsto be done every year by vendor in presence of BPCL appointed competent authority.9.0 The supplier should quote separately for spares (Optional) as considered necessary for twoyears of normal operation of the crane. However, the purchaser may use his discretion inselecting the spares.10.0 In addition to the tests specified in the IS tests as under should also be done after erection.a) Speed TestI. Rated load Test: All the motions should be tested with rated load and the ratedspeeds should be attained within the tolerance limits indicated under clause 7 (h).II. Overload TestAll motions of the crane should be tested with 25% overload in which case thegeared speeds need not be attained but the crane should show itself capable ofdealing with the overload without any difficulty.b) Brake TestI. The hoist brakes should be capable of braking the movement under conditions a(I) and a (II) of speed tests.II. The long travel and cross travel brakes should be capable of arresting the motionwithin a distance in Meters equal to 10% of the speed in M/Min.12.0 After the load test has been performed, the wheel loads should be checked. The wheel loadmeasurement should not deviate from the values mentioned in the static calculations by morethan +3% for maximum and - 3% for minimum wheel loads.Load for job proving at BPCL, Mahul Workshop shall have to be arranged by the vendor,on returnable basis.13.0 Guarantee shall be provided for 18 months after the date of commissioning of cranPage 250 of 268


SECTION-III: - REQUIREMENTA) Basic SpecificationSr.No Parameters Exchanger Shop Machine & ConstShopMachine- Valve-Pump-Trans ShopInstrument Shop Electrical Shop1 Lifting Capacity (MT)1.1 Main hoist 10T 20T 5T 5T 15T1.2 Aux Hoist 10T 5T NA NA 5TSpan (center to center of21m 21m 21m 10.5m 10.5m2 rail)3Location Indoor / outdoor Indoor Indoor Indoor Indoor Indoor4 Lift Main Hook 5m 5m 5m 5m 5m5 Lift Aux. Hook 5m 5m NA NA 5m6 Speeds6.16.26.36.4Main Hoist (Main Speed)(Meter / Minut)Aux. Hoist (Main Speed)(Meter / Minut)Cross travel (Main Speed)(Meter / Minut)Long Travel (Creep Speed/ Main Speed) (Meter /Minut)3 3 5 5 35 0.5*/5 NA NA 515 15 15 15 1515/30 15/30 15/30 15/30 15/306.5 Creep Speed* Required Required Required Required RequiredNOTE : Creep Speed for all motions shall be the Finest (Minimum) possible speeds with respect to Main speeds for Two speed motors.Page 251 of 268


B) Technical SpecificationDESCRIPTION BPCL SPECIFICATION SUPPLIER OFFER DEVIATIONS COMMENTSA MAIN PARAMETERS1.0 Type of Crane Double girder box <strong>EOT</strong> as per IS 3177-1999/FEM-ISO for Indoor use1.1 Class & duty M5 as per IS 3177-1999 or 2m-M5 as perFEM-ISO1.6 Working clearance distance fromcentre of gantry rail to nearestobstruction (horizontal)1.7 Vertical distance from top of gantryrail to lowest overhead obstruction(maximum)1.8 Distance from floor to top of gantryrail**5.3 metres1.9 Lift Height1.91 Main Hoist (above ground) 5.0 Meters1.92 Main Hoist (below ground) Nil1.93 Auxiliary Hoist (above ground) 5.0 Meters1.94 Auxiliary Hoist (below ground) Nil2.0 Hook Apprach2.01 Main Hoist* ( from trailing cable & opposite side)2.02 Auxiliary Hoist2.1 Size & Length of gantry rail (LongTravel)2.2 Size of CT Rail*2.3 LT wheel load in Tonnes*2.4 Number of Trolleys*2.5 Width of Crane*2.6 Maximum clearance from rail tobottom of cabin2.7Anticollosion device** ( from trailing cable & opposite side)Ref. Arch drg for common railNAPage 252 of 268


B CONSTRUCTION/STRUCTURAL DETAILS3.1 Main Hoist hook type Shank Hook3.2 Auxiliary Hoist hook type Shank Hook3.3 Hook latches for Main & Aux hoists Required3.4 Hoist wire ropes 6/36 or 6/37 construction as per IS:2266-19893.5 Number of falls Main Hoist*3.6 Number of falls Auxiliary Hoist*3.7 LT Drive Twin corner drive with horizontal type gear box3.8 Number of wheels for LT drive*3.9 Diameter of wheels for LT drive > = 400 mm3.10 Number of driven wheels for LT 50% or moredrive3.11 CT Drive With vertical gearbox3.12 Pump/motor with starter and timerfor automatic lubrication of CTgearbox3.13 Platform ( gratings instead ofchequre plate) for approach formaintenance of CT gearboxNARequired3.14 Number of wheels for CT drive*3.15 Diameter of wheels for CT drive < = 400 mm3.16 Type of bearings for LT/CT wheels Anti-friction3.17 Type of mounting of LT/CT wheels "L" type brackets3.18 Speed control for all drive Static step control system3.19 Operations required through:3.19.1 Cabin Not applicable3.19.2 Pendant MH, LT & CT3.19.3 Radio Remote Control Not applicable3.21 Number of speed steps through:3.21.1 Cabin Not applicable3.21.2 Pendent Two steps ( increase / decrease through pushtype button3.21.3 RRC Not applicable3.22 Cabin details Not applicablePage 253 of 268


3.23 Pendent Shall be movable type. The Pendant to beprovided with an additional load display of oneinch size with 4 digits displayed. Independentpendants to be provided for every hoist.Pendant should be provided with touch pad,emergency stop switch and power on-offindication.3.24 Duty cycle 40% CDF all motions3.25 Brakes Electro Hydraulic (Thruster Barkes - CompleteUnit) operated brakes are to be provided for allmotions and hoists.(Totally enclosed)conforming to IP:543.26 Gear Boxes for LT, CT and Hoists Completely enclosed M.S fabricated andstress relieved split type3.27 Couplings between motor andgearbox3.28 Couplings between gearbox andrope drum for hoistsGeared couplingsGeared couplings3.29 Mounting All the gearboxes, motors, brakes, bearingpedestals, etc. shall be mounted on machinedsurfaces3.30 Lubrication of Crane Lubrication points with nippels to be providedfor LT& CT wheel Bearings. Hand pump to beprovided as a separate unit.3.31 Toeguards Toeguards shall be provided for all openingsincluding for trolley3.32 Railings 13.0 Safety hand railings, preferably of tubularconstruction should be provided on bridgefoot-walks, end carriages, stair cases, landingin cabin, trolley and in any other place whereaccess has been provided. Railings should notbe less than 1000 mm high with anintermediate member at a height of 500 mm.All edges or openings should be provided withtoe guards, toe angles or bent plates whereverrequired and should be of height 100 mm(Minimum). Grating shall be considered on forwalkway instead of chequered plate.Page 254 of 268


3.33 Jacking pads Suitable jacking pads should be provided onend carriages and crab for jacking up thecrane and crab for changing track wheels3.34 Safety Pads Suitable reinforced safety pads should beprovided under the end carriages and crab toprevent the crane from falling more than25mm in the event of breakage of a trackwheel/bogie/axle. These safety stops shall notinterfere with the removal of wheels. All Safetyinterlock to be communicated through Buzzer.3.35 End buffers Spring-loaded buffers are to be provided forlong travel and cross travel.3.36 Measurements All components including fasteners should bein metric system only3.37 Locking of Parts Bolts and screws in rotating parts shall belocked.3.38 Painting The cranes should be painted with two coatsof deep orange paint confirming to IS 2932 :2003, ISC No 591 (as per IS 5) after givingprimary coat. The paint should withstand hightemperatures (upto 60 deg celsius). Girdersand trolley frame shall be shot blasted/Chemically treated before painting.3.39 Plates used for fabrication To be of rolled steel as per IS 2062 plates.Test certificates to be furnished3.40 End carriages As designed by manufacturers3.41 Butt joints All butt joints shall be 100% X rayed bothcompression and tension and both flanges /Webs3.42 Girder No splice joint – to be of single piece only. Noof weldable joints along the total length of thegirder should not exceed three3.43 Platform Full length Grating platform shall be providedon both bridges and wherever access isnecessary for operation and maintenance. Theplatforms shall be bolt jointed. Width of theplatform shall be >750 mm.Page 255 of 268


3.44 Ladders NA ladder to approachplatform at one endis required; to beprovided byCivil/Structuralvendor3.45 Cabling All cables shall be FRLS type and terminationof doubles compression. All wiring for power,control, lighting etc should be carried out with1.1KV grade PVC FRLS armored cablesexcept FRLS flexible cables where armourshould not be provided3.46 Trailing Cable To be provided3.47 Display plaque Display plaque shall be appeared on bothsides of gantry. Size of lettering & contain ofdisplay shall be approved by Owner/Consultant.C ELECTRICAL EQUIPMENT4.1 Power Supply 415 volts ± 10 %, 3 phase, 50, ± 2 Hz, 4wires, one conductor earthed.Isolator switchshould be provided for isolating the totalsupply to the crane4.2 Control voltage 110 Volts AC4.3 Power distribution to trolley Power will be provided through drag chainsystem, IGUS make, instead of festooningcable4.4 Connection to pendent Trailing cable supported on anti-friction trolleycable4.5 Panels a. The panels shall be painted with grey coloras per IS 2932:2003 b. The total number ofpanels shall be a minimum of three c. MHdrive shall be housed in one panel d. CT & LTdrives shall be housed in seperate panel e.Protective panel shall be a seperate panel f.Ferrules to be provided for cable connectionsas per circuit diagram. g. Individual isolatingswitches / breakers should be provided forMH, CT & LT power circuits h. Seperateisolating switch / breaker should be providedfor control circuit i. Individual contactorsshould be provided for all the drives j. allPage 256 of 268


panels shall have IP55 protection4.6 Colour of panels The panels should be powder coated. Thecolour of coating shall be light grey confirmingto IS:2932:2003 (as per IS 5)4.7 Mounting of panels and resistanceboxesTo be mounted on supporting framesfabricated from 'L' angles4.8 Electrical Motors AC Motors, class F, temp raise limited toClass B , IP54 protection, 40 % CDF, 150starts/hour squirrel cage motors for allmotions/traverses4.9 Contactors Siemens make contactor 3 TA 22-30 Amps orequivalent rating to be provided as minimumsize contactor in the power circuit.4.10 Overload relays To be provided for all the motors.4.11 Cables P.V.C unarmoured, copper multistrandconductors, minimum size 2.5 mm sq. inpower circuit and 1.5 mm sq in control circuit.All inter connecting wiring to be done neatlythrough perforated trays fixed in suitableplaces.4.12 Limit Switches for traverses Limit switches to be provided for all themotions4.13 Limit Switches for Main & AuxiliaryhoistsOne series limit switch with counter weighttype and one rotary shunt limit switches foreach hoist ( load indication and load limitingdevices)4.14 Earthing Double earthing are to be provided for all theelectrical equipment. A common electricalearthing bus bars to be installed on the cranescovering the entire span and trolley etc.Page 257 of 268


4.14 Bell / Hooter Bell / Hooter shall be provided on the craneand incorporated in the elctrical circuit (controlfrom pendant )4.15 Bridge lights Four numbers of bridge lights are to bearranged under the bridges4.16 Painting The cranes should be painted with two coatsof golden yellow paint confirming to IS 2932 :2003, ISC No 591 (as per IS 5) after givingprimary coat. The paint should withstand hightemperatures (up to 60 deg Celsius). Girdersand trolley frame shall be shot blasted/Chemically treated before painting.D MATERIALS5.1 Gears EN 9 Helical type5.2 Hardness of Gears 225 to 280 BHN5.3 Pinions EN 19/EN 24 helical type5.4 Hardness of Pinion 250 to 300 BHN5.5 Heat treatment of gears/pinions Hardened, tempered5.6 Pulleys Cast Steel IS: 1030 grade 45.7 Gear Box IS: 226/IS: 2062 fabricated casing duly stressrelieved5.8 Wheels C 55 Mn 75 / forged steel with hardness of260-300 BHN5.9 Rope Drum Rolled steel plate fabricated (IS-2062) dulystress-relieved with flanges at both ends orseamless steel pipe (as per ASTM 106 Gr A orB). Rope drum to be machine grooved inhoisting direction. Dia of drum/rope ratio to beas per IS: 3177-1999. 100% X-ray qualitywelding for circumference joint to be done5.10 Hooks Made of mild steel/EN3A or wroughtiron/20Mn2 to IS:6294/1971 or IS 3815 with ahardness of 150-180 BHN and Nut to beforged from C45 materialE GENERAL6.1 Environment All equipment shall be tropicalised to operatein normal shop floor conditions of temperature10 to 40 ° C and maximum relative humidity of95 %.Page 258 of 268


6.2 Guarantee Supplier shall guarantee all equipment for aperiod of 18 months from the date of dispatchor 12months from date of comissioning atBPCL works. Comprehensive AMC for theoverall system for 7 successive years,excluding 01 year initial guarantee period fromthe date of commissioning, to be provided forthe cranes including Load Testing. Loadtesting with supply of loads to be done everyyear by the vendor in the presence of BPCLappointed competent authority.6.3 Oils & grease First filling of oils and grease are in supplier'sscope6.4 Manufacturer's reference list The manufacturer should have manufactured,at least ten DG box type <strong>EOT</strong> cranes of 15tons or higher capacity and with span >=10meters (of Class M5 or higher as per IS3177/1999 or equivalent), in the last 5 yearsas on date of enquiry. The Cranes shouldhave been supplied for Engineering industry /steel plants. List of these cranes to befurnished with names of contact persons,telephone and FAX nos. and e-mail IDs. Thesupplier should furnish copies of the purchaseorders and commissioning reports orperformance certificates issued by thecustomers as documentary proof of the above.Note: Cranes supplied to irrigation projectswill not be considered6.5 General clearance sketch General clearance drawing showing theclearances and other important parameters asper the specifications is to be enclosed alongwith the offerF DOCUMENTATION7.1 Point-wise clarifications to all points of thisspecification including deviations, if any7.2List of documents to be submittedwith offer (offer will be rejectedunless these are submitted)7.3 Total weight of crane in Tonnes IndicateSketches showing full details of cranes withdimensions / end clearances (between centreof LT rails to column face of building),overhead clearance from LT rails, hookapproach limits, lift height, etc.Page 259 of 268Supplier toindicate sparepartsinterchangeabilty/ parts which areidentical todifferent cranes


7.4 Weight of assembled trolley inTonnesIndicate7.5 Weight of crane girder in Tonnes Indicate8.1 List of drawings/documents for General Arrangement (GA) drawing of crane8.2 approval before manufacture of GA Drawing of Trolley8.3 crane. Note: It is the responsibility GA Drawing of individual mechanismof the supplier to get the8.4 Drawings of bridges, end carriage, and theirdrawings/documents approved.connectionsNo extension of delivery will be8.5 Sub-assembly drawings for wheels, hookaccepted in case of any delay inblocks, gearboxes, and rope drumssubmission/approval of drawings8.6 Calculation for selection of motor, gearbox andbrake8.7 Calculation for bridge girder, end carriage andselection of wheels8.8Total weight of structural, mechanical andelectrical equipment separately8.9 Weight of operator’s cabin (if any) togetherwith all equipment mounted in it.8.10 Quality Plan8.11 Electrical/Electronic circuit diagrams for totalcrane8.12List of drawings/documents forapproval before manufacture ofcrane. Note: It is the responsibilityof the supplier to get thedrawings/documents approved. Noextension of delivery will beaccepted in case of any delay insubmission/approval of drawings GA drawing of Electrical panels and layout ofcomponents within the panelsSupplier to indicatespare partsinterchangeabilty9.1 Test certificates of all boughtout items likeList of drawings/documents to besubmitted at the time of inspectionof crane at supplier's works and atBPCLhooks, steel plates, wire ropes, etc and forcrane (certified by "Competent person" as peras per Factories Rules/Acts/Laws9.2 Five copies of Operation & MaintenanceManual, safety provisions, photographs,schematic diagram, and details of PCBs etc.should be provided. A set of CD’s containingthe documents / information recorded on itshould also be provided.9.3ALL documentand drawingssoft copyrequired1 No. spare parts manual Supplier to indicatespare partsinterchangeabiltyPage 260 of 268


9.4 Drawings of all wheels9.5 One set of drive manuals for each driveinstalled is to be provided9.6 Cabling scheme / interconnection diagramG TESTING/INSPECTION10.1 During manufacture Will be checked/inspected by BPCL/third partyappointed by BPCL10.2 After manufacture Will be checked/inspected by BPCL/third partyappointed by BPCL. The crane will be checkedfor all functions and operations.10.3 Crane span Check of Crane span and diagonal - 10Kg pullshould be applied while checking10.4 Clearance for despatch The equipment shall be despatched only aftertesting/inspection at supplier's works and onwritten clearance from BPCLH ERECTION & COMMISSIONING11.1 At BPCL works Part of supplier's scope.11.2 Material (lifting equipment, lifting tackles, etc) required during erection and commissioning Part of supplier's scope. All liftingmachines/tackles to be inspected and certifiedby "Competent Person" as per FactoriesRules/Acts/Laws before use.11.3 Load test To be done as per relevant IS standards. Loadshall be arranged by vendor/ supplier &remove the same from site11.4 Test certificate for crane Part of supplier's scope. "CompetentPerson"shall be arranged by BPCLPage 261 of 268


C) Common Bought Out ItemsITEM MAKE OTHER DETAILS1 Bearings SKF2 Cables Lapp / Igus Cables with copper conductors only, Flex CL53 Connectors Elmex / Wago4 Contactors Siemens / ABB / Telemecanique5 Master Controller Siemens / SOC / WMI / EMM / Omega6 Couplings Hi-Cliff / WMI / OEM7 Fuse / Fuse holders English Electric / SIEMENS8 Hooks9 Isolator Switch Siemens10 Isolators SiemensHerman Mohatta / Hercules / Steel Forgings / SmritiForgings / EE Karachiwala11 Limit Switches Siemens / SOC / OMEGA / Kakku IP54 or better12 Lubrication Pump/motor CENLUB13 MCB Siemens14 MCCB Siemens15 Motors ( Auxiliary)16 Motors (Slipring)17 Overload relay (Electrical) SIEMENS18 Overload relay (Mechanical) ELECTROGEAR19 PanelsBBL / CROMPTON GREAVES / ALSTOM / SIEMENS/ABBBBL / CROMPTON GREAVES / ALSTOM / SIEMENS/ABBSIEMENS / GODAVARI ELECTRICALS / DANDAPANI /Original equipment manufacturerIEC Frame sizes, IP54 or betterIEC Frame sizes, IP54 or better, Crane duty, 1hour rated, 40% CDFShould be made from 18 G sheet steel, Powdercoated and should be provided with panellocking facility.20 Pendent pushbutton station HANSU With colour coded pushbuttons and name plates21 Pneumatic timers <strong>Bharat</strong>ia Cutler Hammer22 Push Buttons SIEMENSPage 262 of 268


23 Radio Remote Control Stromag / SNT24 Rails25 Resistance Box BCH / SOC / WMI / OMEGA IP11 or better26 Thruster Brakes SOC / WMI / OMEGA / SNS IP54 or better2728Squirrel cage induction motors(suitable for crane dutyapplication and to run withVVVF drives)Variable frequency drives withregenerative brakingresistanceBBL / CROMPTON GREAVES / ALSTOM / SIEMENS/ABBTelemechanique Digital type29 Wire Rope Usha Martin / Fort William / <strong>Bharat</strong> wire ropes30 Encoders Hubner Type: POG 9 or POG 103-0-3 or 4-0-4 step operation, Hand held / Joystick type with rechargeable batteries andchargerCR 60 / CR 80 / CR 100 / CR 120 / Square baras per IS-3443IEC Frame sizes, IP54 or better, Crane duty, 1hour rated, 40% CDF.Page 263 of 268


ANNEXURE- 1ADETAILS OF CRANE TO BE FURNISHED WITH THE TENDERSr. No. Description Details to befilled1 Specification of the crane offered2 Deviations, if any3 Time – Supply / E & C4 Total weight of crane in MT4.1 Total wt. of crane (MT)4.2 Wt. of Trolley/Crab (MT)4.3 Wt of each girder (MT)4.4 Wt. of each end carriage (MT)4.5 Wt. of cabin (MT)4.6 Wt. of electrical4.7 Wt. of platforms4.8 Wt. of LT drive4.9 Wt. of other components(specify the component name)Note: Total wt. of crane should match the other breakupweights.4.10 LT Wheel load (max / min)5 Hoist: (Main & Auxiliary)Speed in M/minWith maximum working loadWith empty hookPage 264 of 268


Rope size and construction detailsNo. of rope falls supporting the loadDia of DrumMaterial of DrumMaterial of SheavesLift of hook above floor level (exclusive of travelrequired to operate limit switch)Drop of hook below floor level6 TrolleySpeed M/min with maximum loadWheel spanMaterial & Diameter of wheelsSize of trolley runway rails7 BridgeSpeed M/min with maximum workingloadWheel baseMaterial & Diameter of wheelsMake, Type & Size of Bearings for gearsNumber of wheels on each end of craneMaximum wheel load & spacingClear width of foot walk9 Make of Control10 Hook approach (MH)Opposite cab endCab endDistance between Main & Auxiliary hookPage 265 of 268


11 Distance centerline between girders to extreme outsideof craneCab sideOpposite cab side12 Distance bottom of cabin to floorClearancesBridge truck & building columnTrolley & roof chord13 Maximum deflection of girders under maximum workingload14 Wiring trade name and classification of wire insulation15 Make, Kw & NO of Motors16 Make, Rating and configuration of VVVF drives17 Make, Type & NO of BrakesMHAHCTLTMHAHCTLT18 Make, Type & NO of Lt. SwitchMHAHCTLTPage 266 of 268


19 Material of Gears / Pinion & Wheel, Type20 Material of Gear Boxes21 Radio Remote Control: Make, Type, Range, Provisionfor Siren, Lights etc• NOTE: If above clauses are found inadequate for furnishing all necessaryinformation of the crane offered, the supplier may append further informationseparately.• Other information as per Annexure A of IS: 3177 may also be submitted, ifasked for during technical discussion.Page 267 of 268


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