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BPCL-KR
Job: A307
In the event of any dispute or difference relating to the interpretation and application of the provisions of
the contracts, such dispute or difference shall be referred by either party for Arbitration to the sole
Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government
of India in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996
shall not be applicable to arbitration under this clause. The award of the Arbitrator shall be binding upon
the parties to the dispute, provided, however, any party aggrieved by such award may make a further
reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs,
Ministry of Law & Justice, Government of India. Upon such reference, the dispute shall be decided by
the Law Secretary or the Special Secretary/Additional Secretary, when so authorized by the Law
Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the dispute will
share equally the cost of arbitration as intimated by the Arbitrator.
ANNEXURE-A
INTEGRATED REFINERY EXPANSION PROJECT (IREP) OF
M/s BPCL KOCHI REFINERY,
KOCHI, KERALA (INDIA)
(Job No. A307)
TERMS & CONDITIONS FOR INDIAN SOURCED COMPONENTS / SERVICES BY FOREIGN
BIDDER
Foreign bidder may source components / sub-supplies and services from India, if allowed as per Material
Requisition. Such sub-supplies / services shall be subject to following Commercial Terms & Conditions:
1. PRICING:
1.1 The Foreign bidder shall quote firm price for items being sourced from India in Indian rupees on FOT
Site basis inclusive of packing, forwarding, transportation, all applicable taxes, duties & levies payable
upto site.
1.2 Materials if ordered against this Bidding Document are required to be dispatched on door delivery basis
through a reliable bank approved Road Transport Company unless the transport company is named by
the Owner.
2. AWARD OF ORDER:
Client may pace two separate order in this situation considering single point responsible taken care
by foreign (principal) bidder under “Umbrella Contract”. However obligation of Performance Bank
Guarantee & Price Reduction Schedule for complete package shall always lies with foreign
(principal) Bidder.
3. DELIVERY:
The delivery period for items being sourced from India, shall be on FOT site basis within the delivery
period specified for foreign bidder as per Terms of Bidding document.
4. PRICE REDUCTION SCHEDULE FOR DELAY IN DELIVERY / SERVICES:
PRS for delay in deliver / services shall be applicable on total order value including Indian sourced
component / Service.
5. OVERALL RESPONSIBILTY:
Overall responsibility towards the contractual obligations like delivery, bid security, order execution,
performance guarantee etc. including supplies being sourced from India shall be only with the
foreign (principal) bidder.
6. PERFORMANCE BANK GUARANTEE
Foreign (principal) bidder shall submit one performance bank guarantee as per GPC for total order
value including value of items source from India.
7. INSPECTION
i. Inspection of Item being sourced from India shall be by EIL/Owner.
A307_SIB Rev.5 dtd: 20.06.2013 Page 20 of 21
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