central procurement organisation (mktg bharat …€¦ · management consultancy (p mc ) services...

CENTRAL PROCUREMENT ORGANISATION (MKTG)

BHARAT PETROLEUM CORPORATION LIMITED ‘A’ INSTALLATION, SEWREE FORT ROAD

SEWREE (E), MUMBAI - 400 015

PRESS TENDER FOR THE OF JOB OF PROJECT MANAGEMENT

CONSULTANCY (PMC) SERVICES FOR SETTING UP SOLAR PV POWER PROJECT

CRFQ NO.: 1000221219

DUE ON: 05/12/14 AT 1500 HRS

CPO:GR V:14-15:10 14th November, 2014 M/s. Dear Sir/Madam,

Subject: Invitation of bid for the job of Project Management Consultancy (PMC) Services for Setting up Solar PV Power Project of up to 5 MW capacity in Bina

(CRFQ no. 1000221219 due on 05/12/14 at 3 pm)

1 About the Company

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

BPCL now intends to set up some projects in the renewal energy sector.

2 Objective of the Tender

The objective of this tender is to invite bids from vendors for job of Project Management Consultancy (PMC) Services for Setting up Solar PV Power Project of up to 5 MW capacity in Bina, Madhya Pradesh.

3 This tender document consists of the following annexures, which are enclosed:

a) Techno-commercial Bid

3.1 Annexure I - Terms of Reference 3.2 Annexure II - Bid Qualification Criteria 3.3 Annexure III - General Instructions to tenderers for e-Tendering 3.4 Annexure IV - Terms and Conditions of Contract 3.5 Annexure V - Proforma of Performance Guarantee

Information pertaining to Particulars of Tenderers and Relationship with Directors shall have to be submitted online.

b) Price Bid: A price bid shall also have to be submitted online as per the proforma given in Annexure III mentioned in point 3.3 above.

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

Offers should strictly be in accordance with the tender terms & conditions and our Terms of Reference (TOR). Bidders are requested to carefully study all the documents/annexures and understand the conditions and TOR before quoting the rates and submitting this tender. In case of doubt, written clarifications should be

obtained, but this shall not be a justification for request for extension of due date for submission of bids.

5 Please visit the website https://bpcl.eproc.in for participating in this tender process and submitting your bid online.

6 Additionally, you shall be required to submit the EMD, in physical form at our office.

7 Your online bid as well as the instrument to be submitted in physical form should be submitted on or before the due date of this tender viz. 5th December, 2014 by 3 pm.

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

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

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

Thanking you,

Yours faithfully, for Bharat Petroleum Corporation Ltd. A M Sharma Procurement Manager

CRFQ No.: 1000221219 Annexure I

Terms of Reference

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TERMS OF REFERENCE 1. Project Background

Bharat Petroleum Corporation Ltd, (BPCL) a major Public Sector Undertaking intends to set up a Solar PV Power Project of up to 5 MW capacity at BORL Oil Terminal, Bina, Madhya Pradesh. Detailed feasibility study for this project has been completed. Now implementation of this project is envisaged to be carried out on Engineering, Procurement and Construction (EPC) Contract basis from designing to commissioning and subsequently Operation and Maintenance (O&M).

2. Scope of Work/Service

The Project Management Consultant (PMC) shall be engaged by BPCL for preparation and finalization of tender for EPC Contracts for the proposed 5 MW Solar PV Power Project, supervision of project execution phase including erection, testing, commissioning and performance testing of the project as well as supervision of the O&M for a specified period. In general, PMC shall act on behalf of BPCL (OWNER), report to the OWNER and be responsible for carrying out the following assignments:

Part-A: Tendering, order placement Consultant will prepare RFQ (Request for quotation) documents for LSTK (Lump sum turnkey) contract. After receipt of bids the consultant will evaluate the bids, prepare techno-economic comparison of all the qualified bids and give his recommendation. The consultant will remain associated with the client during pre bid conference, discussion with bidders. After approval of proposals by the client, consultant will prepare orders and contracts documents for award of work. Part-B: Project Management Consultancy during construction phase

A. INSPECTION OF MATERIAL

B. REVIEW & APPROVAL OF DRAWINGS /DATA

i) Review of Engineering data, design, specifications, drawings etc

developed by Contractor.

ii) Review of Electrical installation drawing viz. Single line diagram for

solar power farm interfacing, etc.

iii) Review of Layout plan for control & metering station, unit sub-

station, internal OH lines, control room, trenches, earthing, lighting,

fencing gate etc.


Terms of Reference

Page 2 of 4

iv) Review of Details of Civil work involved for the above.

v) Checking & approval of detailed Bill of Materials along with

specifications.

vi) Review of Equipments drawings supplied by Electrical Contractor.

vii) Checking of job completion schedule of work for various activities

related to Foundations, Electrical installations, Erection and

Commissioning of Solar PV power project

viii) Review and approval of quality plan/check list for major equipment as

well as field quality plan during construction and commissioning of

Solar PV power project.

C. SITE SUPERVISION

i) Posting of experienced and competent site engineer(s) to supervise

main activities of construction of foundations, erection of panels and

other allied equipment and Commissioning of Solar PV Power Project

as per the schedule. It is desired that the consultant will deploy well

experienced engineer(s) at site.

ii) At least once a month site visit by consultant’s senior management

during the erection and commissioning period.

iii) Inspection and approval of all equipments after receipt at site.

iv) Checking and certifying quality / plan of erection work.

v) Witnessing Pre-commissioning and commissioning tests of all

equipments

vi) Submission of Progress Report

vii) Checking of Operation and Maintenance manuals submitted by the

contractor.

viii) Preparation of list of incomplete jobs and defects, if any to be

attended by the contractor.

D. OTHER RESPONSIBILITY

i) Checking and certification of invoices/bills submitted by EPC

contractor against milestone activities to Owner for payment to

Contractor.

ii) Review of contract documents and all other documents related to

various statutory approvals/ clearances etc.

iii) Provide necessary assistance / back up in liaison work with concerned

authorities for the implementation of project.


Terms of Reference

Page 3 of 4

iv) Providing all required services and assistance for replying to the

queries of concerned Government Departments/ statutory bodies

and agencies on the progress and any other aspect related to the

project.

v) Provide necessary back up / technical assistance for co- ordination

with external agencies viz. Insurance agencies etc.

vi) To ensure contractors carry out their activities in accordance with the

safety plan throughout the course of the construction of the project.

Part-C: Post Commissioning Monitoring of Solar PV Power Plant

Depute one Engineer to solar PV power plant site for six months and visit by one Senior Consultant once a month during this period. They will carry out following works:- i) Physical study of Solar PV panels, invertors, balance of system and

Electrical installations.

ii) Collection of detailed data and relevant information of operation and

maintenance based on solar power plant recorded and data stored in

control panel. The data and information collection will cover,

generation, reactive power consumption, down time, maintenance

and spare consumption.

iii) Discussion with O & M staff for various other points.

iv) Analysis of collected information and data available from weather

station and plant SCADA system and preparation of report for the

solar power plant containing the following:-

a. Physical observation

b. Actual generation and comparison with solar insolation data.

c. To calculate the performance ratio and compare with the

guaranteed performance ratio agreed by operator

d. Internal losses

e. Actual kVArh consumption

f. Stoppage hours of solar PV power plant with break-up for non-

availability of grid and plant.

g. Component failure, if any.

h. Present maintenance status

i. Recommendations for improvement in O & M of solar PV power

plant to achieve better performance.


Terms of Reference

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3. Deliverables

Break up of time schedule/milestones for different activities shall be as given below: (a) Completion and submission of EPC tender along with details of O&M contract

for the Solar PV Power Project: 2 weeks from date of go ahead given by BPCL.

(b) PQ Evaluation of EPC bids: 1 week from date of receipt of bid documents of

bidders subject to receipt of supplementary information, if any from the

bidder(s).

(c) Technical-commercial Evaluation of EPC bids: 1 week from BPCL approval for PQ

evaluation subject to receipt of supplementary information, if any from the

bidder(s) and after visits to the offered sites. Such site visits are integral part of

the evaluation process in these sorts of Projects.

(d) Financial Evaluation and final recommendations of EPC bids: 1 week from the

date of receipt of supplementary information, if any from the bidder(s),

(e) Execution of the Project: As per LOA issued to EPC Contractor

(f) Project close-out and Post-commissioning assistance: 6 months from the date

of commissioning of project.

4. Key Performance Indicators:

Adherence to the time schedule for all the deliverables and providing a quality output.

5. Co-Ordination Meetings:

Regular review meetings shall be held in the office of the Corporation at Mumbai or other regional Offices between the PMC and the Corporation on regular basis covering all aspects of the work scope for completing the project within the approved time frame. A responsible person from the PMC side shall be required to attend these meetings for speedy implementation of the decisions & follow up required. The PMC shall record minutes of such meeting and maintain them as records for future references after obtaining the Corporations approval to the same within a week. BPC shall not make any additional payments towards the visits by the PMC that are required to the offices of BPC or for any co-ordination meeting, Pre-Bid conference, negotiation meetings or any other meeting that become essential to be held for the purpose of the Tender, clarifications, works etc.

CRFQ No.: 1000221219 Annexure II

Bid Qualification Criteria

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BID QUALIFICATION CRITERION

Bidder should have the experience in setting up Solar PV Power Projects and he shall furnish documentary evidences as mentioned below along with the bid to establish his experience / track record meeting credential Criteria. The certification by the bidder for his / her own solar PV power project or any in-house work experience shall not be considered as valid experience for the purpose of Pre-qualification. I. Credential eligibility: The bidder should meet the entire following criteria:

a) Bidder should have experience of having successfully carried out and completed tendering work and supervision work till commissioning during the preceding 7 years prior to the final due date of bid opening, which experience should be one of the following:

One similar completed works for a Solar PV Power Project of minimum capacity of 4 MW, or

Two similar completed works for a Solar PV Power Project of minimum capacity of 2.5 MW, or

Three similar completed works for a Solar PV Power Project of minimum capacity of 2 MW.

b) At least one Solar PV Power Project of not less than 2 MW capacity for which PMC has

provided services should be working successfully. c) Bidder should have completed at least one renewable energy project of capacity not less

than 1MW in a Central / State Govt. / Public Sector Undertaking (PSU). Documents required:

a) Copy of work Order or Contract agreement and completion certificate issued by the client showing reference no. of work order / agreement, date of completion of the work.

b) Certificate regarding successful operation of a Solar PV Power Project of not less than 2 MW capacity for which PMC has provided services that is successfully working.

c) Documentary evidence of at least one completed renewable energy project of at least 1 MW capacity with Central / State Govt. / public sector undertaking

II. Financial Capacity:

a) Average Annual Financial Turnover as per Audited Annual Reports for the last three accounting years should be at least Rs .7.5 (Rupees seven and a half lakh) only.

b) The bidder should have a positive net worth as per the Audited Balance Sheet for year 2013-14. Net worth is defined as TOTAL ASSETS MINUS TOTAL LIABILITIES

CRFQ No.: 1000221219 Annexure II

Bid Qualification Criteria

Page 2 of 2

Documents required:

The afore-mentioned information shall be verified based on Audited Balance Sheet and Profit & Loss Account statements submitted by the bidder that pertain to the for the last available three (3) consecutive accounting years prior to the due date of bid submission. II. Additional Requirement:

The bidder should have experience and competence for solar resource assessment from raw

solar data for the site.

CRFQ No.: 1000221219 Annexure III

General Instructions to bidders for e-Tendering

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GENERAL INSTRUCTIONS TO BIDDERS FOR E-TENDERING

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

2. For registration on the e-tender site https://bpcl.eproc.in, you need to download the User Instruction Manual from the site and read it. They shall have to select “Enrollment” and complete the “Supplier Registration Form” by filling in all the information correctly. Kindly remember the login id, password entered therein. After you complete this process, system will generate an e-mail wherein a system generated “Challenge Phrase” will be mailed to you to complete balance registration process.

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

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

valid Digital Certificate of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA), Controller of Certifying Authorities (CCA). The cost of obtaining the digital certificate shall be borne by the bidder. In case any bidder so desires, he may contact our e-procurement service provider M/s. C1 India Pvt. Ltd., Mumbai (Contact no. +91-22-32444300/ 65281885/ 65281886) for obtaining the digital signature certificate.

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



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6. REFERENCE FOR DOCUMENTATION: i The number of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract / Purchase Order. ii After finalization of Rate Contract / Purchase Order, the number and date of Rate

Contract/Purchase Order must appear on all correspondence, invoices and on any documents or papers connected with this order.

7. RIGHT OF CORPORATION TO ACCEPT OR REJECT TENDER:

The right to accept the tender will rest with the corporation.

8. LANGUAGE OF BID:

The Bid and all supporting documentation and all correspondence exchanged by bidder and Corporation, shall be written in English language only.

9. Singular and Plural: In these tender documents unless otherwise stated specifically, the singular shall include the plural and vice-versa wherever the context so requires. Words indicating persons shall include relevant incorporated companies/registered as associations/ body of individual/ firm or partnership.

10. Techno-commercial bid (consisting of all the attached tender documents, Techno-commercial Form and Declaration Form) and Price bid as well as all uploaded documents (as mentioned in clause (15) below) shall form the part of the tender. Both the techno-commercial bid and the price bid will be online only.

11. All the supporting documents should be legible and duly signed, stamped and attested by the authorized signatory as specified in clause (12) below, before uploading them online.

12. Techno-commercial bid and price bid shall be required to be digitally signed with a class IIB or above digital signature by the authorised signatory. The authorized signatory shall be : a. Proprietor in case of proprietary concern. b. Authorised partner in case of partnership firm. c. Director, in case of a limited Company, duly authorized by its board of directors to

sign.

If for any reason, the proprietor or the authorised partner or director as the case may be are unable to sign the document, the said document should be signed by the constituted attorney having full authority to sign the tender document and copy of such authority letter as also the power of attorney, duly signed in the presence of a Notary public should be submitted online with the bid.



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13. Bid Security a) The bidders shall submit an interest-free Bid Security of Rs.25,000 (Rupees

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

b) Bid Security should be submitted in physical form in a sealed cover addressed to Procurement Leader (CPO) - Group V, boldly super-scribed on the outer cover –

CRFQ number

Item

Closing date/Time

Name of the bidder

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

Central Procurement Organization (Marketing), ‘A’ Installation, Sewree Fort Road, Sewree, Mumbai-400015

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

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

d) Bid received without the Bid Security is liable to be rejected.

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

The unit being registered with NSIC for the item tendered. Registration certificate being valid as on date of quotation.

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

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



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

i. Withdrawal of offers during the validity period of the offer. (Refer item no. 24 of this Annexure)

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

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

iv. Non-submission of Performance Bank Guarantee against LoI/ Purchase Order within the stipulated period of 7 days from date of LoI/ the Purchase Order whichever is earlier.

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

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

14. Bidder to Obtain His Own Information:

The bidder in fixing rate shall for all purposes whatsoever be deemed to have himself independently obtained all necessary information for the purpose of preparing his tender. The bidder shall be deemed to have examined the tender Documents, to have generally obtained his own information in all matters whatsoever that might affect the carrying out the works at the scheduled rates and to have satisfied himself to the sufficiency to his tender. Any error description of quantity or omission there from shall not vitiate the contract or release the bidder from executing the work comprised in the contract according to TOR at the scheduled rates. He is deemed to have known the scope, nature and magnitude of the works and the requirements of materials and labour involved etc. and as to what all works he has to complete in accordance with the contract documents whatever be the defects, omissions or errors that may be found in the Contract Documents.

Any neglect or failure on the part of the bidder in obtaining necessary and reliable information upon the foregoing or any other matters affecting the contract shall not relieve him from any risk or liabilities or the entire responsibility from completion of the works at the scheduled rates and time in strict accordance with the contract documents.

No verbal agreement or inference from conversation with any officer or employee of the owner either before or after the execution of the contract agreement shall in any way affect or modify any of the terms or obligations herein contained.



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

A. Techno-Commercial bid

i. Accept the contents of the following annexures barring deviations notified, by clicking on the button provided on the screen below each one of them: a) Terms of Reference - Annexure I b) Terms and Conditions of Contract - Annexure IV

ii. Notify the deviations from the Terms of Reference / Terms and Conditions of

Contract listed in the annexures mentioned above, in the forms provided for this purpose.

iii Accept the contents of the following annexures in toto by clicking on the button

provided on the screen below each one of them: a) General Instructions to vendors for e-tendering - Annexure III b) Proforma for Performance Bank Guarantee - Annexure V

iv Online fill in information in the Credential Bid Form and Declaration form.

i Upload the following documents:

a. Copy of work Order or Contract agreement and completion certificate issued by the client showing reference no. of work order / agreement, date of completion of the work.

b. Certificate regarding successful operation of a Solar PV Power Project of not less than 2 MW capacity for which PMC has provided services that is successfully working.

c. Documentary evidence of at least one completed renewable energy project of at least 1 MW capacity with Central / State Govt. / public sector undertaking.

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

e. A valid NSIC Registration Certificate [if applicable] f. Copy of the certificate stating that the bidder is a Micro and Small

Enterprises (MSEs) [if applicable] g. Copy of PAN Card h. Certified copies of Partnership Deed/ Memorandum & Articles of

Association & Certificate of registration with the Registrar of Companies’ (if applicable).



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i. Authority letter and power of attorney in favor of constituted attorney (if applicable).

All the supporting documents should be legible and duly signed, stamped and attested by the authorized signatory, before uploading them online.

v. Additionally, EMD [if applicable] has to be submitted in physical form.

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

16. Online submission of the tender under the digital signature of the authorized

signatory shall be considered as token of having read, understood and totally accepted all the terms and conditions. Bidder’s digital signature on the documents shall be considered as total acceptance of the terms & conditions.

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

directly through internet:

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

(ii) The system time (IST) that will be displayed on e-Procurement web page shall be

the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance.

(iii) Bidders are advised in their own interest to ensure that their bids are submitted

in e-Procurement system well before the closing date and time of bid. If the bidder intends to change/revise the bid already entered, he may do so any number of times till the due date and time of submission deadline. However, no bid can be modified after the deadline for submission of bids.

(iv) Once the entire process of submission of online bid is complete, the bidders are

required to go to option ‘own bid view’ through dashboard and take the print of the envelope receipt as a proof of submitted bid.

(v) Bids / Offers shall not be permitted in e-procurement system after the due date /

time of tender. Hence, no bid can be submitted after the due date and time of submission has elapsed.



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

18. No responsibility will be taken by BPCL and/or the e-procurement service provider for any delay due to connectivity and availability of website. They shall not have any liability to bidders for any interruption or delay in access to the site irrespective of the cause. It is advisable that bidders who are not well conversant with e-tendering procedures, start filling up the tenders much before the due date /time so that there is sufficient time available with him/her to acquaint with all the steps and seek help if they so require. Even for those who are conversant with this type of e-tendering, it is suggested to complete all the activities ahead of time. It should be noted that the individual bid becomes viewable only after the opening of the bid on/after the due date and time. Please be reassured that your bid will be viewable only to you and nobody else till the due date/ time of the tender opening. The non-availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials.

19. BPCL and/or the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages, arising out of the bidding process including but not limited to systems problems, inability to use the system, loss of electronic information etc.

20. Once the price bids are opened, bidders can see the rates quoted by all the participating bidders by logging on to the portal under their user ID and password and clicking on “Other Bids” view.

21. Incomplete bids or bids received with deviations/subjective or counter conditions/quantity restrictions are liable to be rejected. No further correspondence/enquiries raised on this issue by the bidder shall be entertained. Any terms and conditions stated by the Bidder in his bid will not be binding on the Corporation.

22. Bids submitted after the due date and time and those not in the format or not in

conformity with the prescribed terms and conditions or specifications shall be summarily rejected and no further correspondence/ enquiries shall be entertained on the issue. No responsibility shall be taken by the Corporation and no claims on this account shall be entertained.

23. Unsolicited / conditional discounts if offered by any party will not be considered and

offers of parties offering such unsolicited discounts are liable to be rejected.



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24. The rates quoted against this tender shall be valid for a period of 90 days from the date of opening of the tender. The bidder shall not be entitled during the said period of 90 days, without the consent in writing of the Corporation, to revoke, or cancel his tender or vary the tender given or any term thereof. In case of bidder revoking or cancelling his tender, varying any terms in regard thereof without the consent of Corporation in writing, appropriate penal action will be taken by BPCL as deemed fit including putting the bidder/contractor on ‘Holiday listing’/’Delisting’ barring the bidder/contractor from participating in future tenders for an appropriate period from the date of revocation/cancellation/varying the terms.

25. ACCEPTANCE OF BIDS BY THE CORPORATION: a) Techno-commercial Bid

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

i. They should be meeting all the bid qualification criterion ii. Deviations from the Terms of Reference / Terms and Conditions of Contract

notified by the bidder should be acceptable to BPCL iii. BPCL should have received their EMD or proof of exemption thereof. iv. They should not have been debarred or black listed by BPCL from participation in

any tender floated by BPCL for a period that is not over as on the due date of this tender.

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

26. ORDER AWARD / EVALUATION CRITERIA

Corporation shall award the Contract to the bidder whose Bid has been determined to be substantially responsive and has been determined as the lowest evaluated Bid based on “net cost to BPCL”.

27. The Corporation reserves the right to reject any and/or every tender without

assigning any reason whatsoever and/or place order on one or more bidders and/ or carry out negotiations with any bidder in the manner considered appropriate by the Corporation. Corporation also reserves the right to reject any un-workable offer.

28. Bidders may have to attend the concerned office of the Corporation for clarifications and/or pre-bid meeting and/or negotiations/clarifications if required at their own cost, in respect of their bids without any commitment from the Corporation



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29. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION: The Competition Act, 2002 as amended by the Competition (Amendment) Act, 2007 (the Act), prohibits anti-competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises. The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises, and regulates combinations (consisting of acquisition, acquiring of control and M&A) wherever such agreements, abuse or combination causes, or is likely to cause, appreciable adverse effect on competition in markets in India. Bedsides taking punitive action as enshrined under Integrity Pact, BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position. If such a situation arises, then bidders shall be bound by the provisions of the said statute.

30. Signing of the Contract: The successful bidder shall be required to execute an agreement in the proforma attached with this tender document (Annexure III) within a period of 7 days of the receipt by him of the notification of acceptance of tender. The payment will not be processed till the time the agreement is executed.

31. It shall be understood that every endeavour has been made to avoid errors which can materially affect the basis of the tender and the successful bidder shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof.

32. Courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this tender either before or after or during finalisation of the tender

33. Proforma of the price bid form is as follows:

S. No.

Description UOM Qty Unit Price

1 Development and finalization of EPC and O&M contract and placement of contract

LS 1

2 Supervision/ validation of design, engineering, erection, testing and commissioning of the project including boarding & lodging charges for site visits & supplier plant visits to carry out the work as defined in the detailed scope of work of the tender.

LS 1

3 Monitoring of O&M on behalf of owner for a period of 6 (six) months from the date of commissioning including boarding & lodging charges

Per month

6



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4 Extra work (if required), not covered within

the scope of work of the tender. In such case PMC has to take prior approval from officer in charge of BPCL. Expenses incurred towards travel & lodging/boarding for such work will be reimbursed against documentary evidence

Man-days

10

Notes:

Price quoted above should be inclusive of all applicable statutory taxes and duties, except Service Tax and Cess. Service Tax including Cess will be paid additionally as quoted by the bidder.

For Sl. No. “4” above the quantity given is purely estimated figure only. Payment will be made on actual utilization for the same.

34. In case of any clarification pertaining to e-procurement process, the bidder may

contact the following agencies / personnel:

1. For system related issues : Helpdesk Nos. open between 10:00-Hrs to 18:30-Hrs on Monday-Friday (Exclusions: BPCL Holidays)

Contact Nos. and email IDs for helpdesk officers

Dedicated email [email protected] ** Please email your issues before your call helpdesk. This will help is serving you better <Feedback within 1-hours during working hours>

Global Support Number

+91-22-66865600

Dedicated helpdesk for BPCL Suppliers

Name of Mumbai Office Staff

Email Address Phone numbers

Chandan Pedamkar [email protected] +91-22-66865610

Ravi Gaiwal [email protected] +91-22-66865601

Mahfuz Mulla [email protected] +91-22-66865633

Ujwala Shimpi [email protected] +91-22-66865608

Escalation LEVEL-1 (On Site)

Tuhin Ghosh (Kolkatta )

[email protected] +91-8981165071



Page 11 of 11

M.Raguvelan (Chennai)

[email protected] +91-9043034311

Ashish Goel (Noida) [email protected] +91-120-2474951

Prakash Jawal (Refinery-CPO )

[email protected] +91-22-25533128

Ajit Patil (Mumbai-CPO, Mktg.)

[email protected] +91-22-24176419

Escalation LEVEL 2

Steven Crasto [email protected] +91-22-66865631

a. Procurement Manager of M/s. BPCL at contact no. +91-22-24176415 or 9833927790 followed with a e-mail to ID [email protected]

2. For tender related queries: a. Mr. A M Sharma of BPCL at contact no. +91-22-24176415 or 9833927790

followed with an email to ID [email protected] b. Mr. Sandeep Srivastava of BPCL at contact no. +91-22-24176076 or

9869467085 followed with an email to ID [email protected]

The responsible person of the tender is Mr. A M Sharma of BPCL at contact no. +91-22-24176415 or 9833927790.

CRFQ No.: 1000221219 Annexure IV

Terms and Conditions of the Contract

Page 1 of 14

Terms and Conditions of Contract

1 DEFINITIONS:

Following terms and expressions shall have the meaning hereby assigned to them

unless the context otherwise requires:

1.1 'Contract' means the terms and conditions contained in the

document entitled “PROJECT MANAGEMENT CONSULTANCY (PMC) SERVICES

FOR SETTING UP SOLAR PV POWER PROJECT OF UP TO 5 MW CAPACITY IN

BINA, MADHYA PRADESH” and the attached Terms of Reference.

1.2 ‘Contractor’ or ‘Consultant’ means the individual or firm or body incorporated

performing the work under this Contract.

1.3 ‘Owner’ or ‘Company’ means Bharat Petroleum Corporation Limited (BPCL) and

its executors, successors, administrators and assignees.

1.4 The ‘Work’ means each and every activities required for the successful

performance of the services described under this contract.

1.5 ‘Operating Area’ means those areas on-shore in India in which company or its

affiliated company may from time to time be entitled to execute such

services/operations.

1.6 'Site' means the land and other places, on, under, in or through which the

works are to be executed by the Consultant and any other land and places

provided by the Company for working space or any other purpose as

designated hereinafter as forming part of the Site.

1.7 ‘Contract Price’ or ‘Contract Value’ means the price payable to the Contractor

under the contract for the full and proper performance of its contractual

obligations.

1.8 ‘Company’s Items’ means the equipment, materials and services which are to

be provided by Company/Contractor at the expense of Company.

1.9 ‘Contractor’s Items" means the equipment, materials and services which are to

be provided by Contractor/Company at the expense of the Contractor.

1.10 'Commencement Date' means the date on which the Contractor starts work as

per the scope of work of the Contract.

1.11 'Contractor's personnel’ means the personnel as required to be provided by

Contractor from time to time for execution of this contract.

1.12 ‘Engineer-in-Charge’ or ‘Company Representative’ means the person or

persons appointed and approved in writing from time to time by the

Company to act on its behalf for overall co- ordination.



Page 2 of 14

2 SCOPE OF WORK

Project Management Consultancy (PMC) Services For Setting Up Solar PV Power

Project of up to 5 MW Capacity in Bina, Madhya Pradesh as per the Terms of

Reference of tender CRFQ no. 1000221219.

3 PAYMENT TERMS

Payment shall be made on the 30th day against milestones as provided below. The

percentage of payment to be made against each milestone including all taxes and

duties will be as under:

Item Description Milestone Payment % of

Price of Relevant Part

Part - A EPCC Tender &

Order Placement

Preparation and submission of final tender specification

30%

On submission of PQ evaluation 20%

On submission of Techno-commercial Evaluation Report

20%

On submission of Price Evaluation and Final Recommendation

20%

On submission of Draft Purchase Order and Contract Agreement

10%

Part - B

Monitoring and Supervision of

Erection, Testing and

Commissioning of SPEGs

On checking & recommendation for approval of Basic Engineering, Quality Plan and Construction Drawings

15%

On completion of shop inspection for major items

15%

On Completion of foundations on pro-rata basis

20%

On Completion of erection of Solar Panels and Invertors on pro-rata basis

25%

On commissioning of the Solar PV plant on pro-rata basis

20%

On submission of complete documentation

5%

Part - C

Post Commissioning Monitoring of

Solar Power farm

On monthly basis at the end of each month



Page 3 of 14

4 LIQUIDATED DAMAGE

Time is the essence of the contract. In case the contractor fails to complete the whole work within the stipulated period, he shall be liable to pay liquidated damages of 0.5% of the value of contract per week and or part thereof of the delay subject to a maximum of 5% of the value of the contract. The parties agree that this is a genuine pre-estimate of the loss/damage which will be suffered by the owner on account of delay on the part of the contractor and the said amount will be payable on demand without there being any proof of the actual loss or damages having been caused by such delay/breach. The owner shall be at liberty to adjust or deduct the said amount of liquidated damages from any amount due to the contractor including Security Deposit. The owner shall be at liberty to deduct or retain from any amount payable to the

contractor periodically, the proportionate or full amount of liquidated damages as

the case may be for the delay periodically caused by the contractor

5 SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS REASONABLE

COMPENSATION WITHOUT REFERENCE TO ACTUAL LOSS

All sums payable by way of compensation under any of the conditions shall be considered as reasonable compensation without reference to the actual loss or damage, which shall have been sustained by the Owner.

6 SCHEDULE OF RATES AND PAYMENTS

a) Contractor’s Remuneration The price to be paid by the Owner to contractor for the whole of the work to be done and the performance of all the obligations undertaken by the contractor under the contract documents shall be ascertained by the application of the respective item rates (the inclusive nature of which is more particularly defined by way of application but not of limitation, with the succeeding sub-clause of this clause) and payment to be made accordingly for the work actually executed and approved by the Engineer-in-Charge. The sum so ascertained shall (excepting only as and to the extent expressly provided herein) constitute the sole and inclusive remuneration of the contractor under the contract and no further payment whatsoever shall be or become due or payable to the contractor under the contract.

b) Schedule of rates to be inclusive: The prices/rates quoted by the contractor shall remain firm till the issue of final completion certificate and shall not be subject to escalation. Schedule of rates shall be deemed to include and cover all costs, expense and liabilities of every description and all risk of every kind to be taken in executing, completing and handing over the work to the Owner by the Contractor. The Contractor shall be deemed to have



Page 4 of 14

known the nature, scope, magnitude and the extent of the works and materials required, though the contract document may not fully and precisely furnish them. He shall make such provision in the item rates as he may consider necessary to cover the cost of such items of work and materials as may be reasonable and necessary to complete the works. The opinion of the Engineer-in- Charge as to the items of work which are necessary and reasonable for completion of work shall be final and binding on the contractor, although the same may not be shown on or described specially in contract documents. Generality of this present provision shall not be deemed to cut down or limit in any way because in certain cases it may and in other cases it may not be expressly stated that the contractor shall do or perform a work or supply articles or perform services at his own cost or without addition of payment or without extra charges or words to the same effect or that it may be stated or not stated that the same are included in and covered by the schedule of rates. c) Schedule of Rates to cover Risk of Delay: The schedule of Rates shall be deemed to include and cover the risk of all possibilities of delay and interference with the contractors conduct of work which occur from any cause including orders of owner in the exercises of his powers and on account of extension of time granted due to various reasons and for all other possible or probable cause of delay. d) Schedule of Rates cannot be altered: For work under unit rate basis, no alteration will be allowed in the schedule of Rates by reason of work or any part of them being modified, altered, extended, diminished or omitted. The schedule of Rates are fully Inclusive rates which have been fixed by the contractor and agreed to the Owner and cannot be altered. For lumpsum contract, the payment will be made according to the work actually carried out for which purpose an item wise or workwise, Schedule of rates shall be furnished, suitable for evaluating the value of work done and preparing running account bills

7 PERFORMANCE SECURITY DEPOSIT/RETENTION MONEY:

a. To ensure performance of the contract and due discharge of the contractual

obligations, the successful contractor will have to provide security deposit of

10% of the contract value. This Security deposit may be furnished in the form of

an Account payee Demand Draft payable to BPCL or Bank Guarantee in the

prescribed format. The contractor shall have the option to adjust any Earnest

Money Deposit- (EMD) if paid by demand draft towards security deposit if he so

desires or otherwise if submitted by way of bank guarantee the validity of the

same to be extended suitably as advised by BPCL. In the case of security deposit

submitted in the form of Bank guarantee, the Bank Guarantee shall be valid and

remain in force till the contractual completion period and with a claim period of



Page 5 of 14

six months thereafter. The Bank Guarantee shall be in the form prescribed. In

case the successful contractor is not furnishing the performance security deposit

as referred above on award of the job, the same shall be deducted from each

running account bills at the rate of 10% of bill value till overall security deposit of

10% as mentioned above is collected. The security deposit will be retained till the

successful completion of the work and thereafter till the expiry of the defect

liability period, if applicable. This retention money/Bank guarantee held shall be

released after the expiry of the defect liability period provided that any defects

appearing during that period are corrected by the contractor and subject to

Clause 7 (b) below. In the case of value/rate/quantity contracts, the security

deposit shall be based on individual release orders issued.

b. If the contractor/ sub-contractor or their employees shall break, deface or

destroy any property belonging to the Owner or other agency during the

execution of the contract, the same shall be made good by the Contractor at his

own expenses and in default thereof, the Engineer-in-Charge may cause the

same to be made good by other agencies and recover expenses from the

contractor (for which the certificate of the Engineer-in-Charge shall be final).

These expenses can be recovered from the security deposit/retention money if

recovery from other sources is not possible.

c. All compensation or other sums of money payable by the contractor to the

Owner under terms of this contract may be deducted from his security

deposit/retention money or from any sums which may be or may become due to

the contractor by the Owner on any account whatsoever and in the event of his

security deposit/retention money being reduced by reasons of any such

deductions. The contractor shall within ten days thereafter make good any sum

or sums, which may have been deducted from his security Deposit/retention

money. No interest shall be payable by the Owner from sum deposited as

security deposit/retention money.

d. The security deposit shall be held by the Owner, as security for the due

performance of the Contractor’s obligations under the contract, provided that

nothing herein stated shall make it incumbent upon the Owner to utilize the

security deposit/retention money in preference to any other remedy which the

Owner may have, nor shall be construed as confining the claims of the Owner

against the contractor to the quantum of the Security Deposit/retention money.



Page 6 of 14

e. The Bank guarantee if submitted shall be from any Indian scheduled bank or an

international bank of repute having a branch in India or a corresponding banking

relationship with an Indian scheduled bank. The security deposit/retention

money shall be in Indian Rupee in the case of domestic bidders and in US Dollars

in the case of foreign bidders.

8 FORFEITURE OF SECURITY DEPOSIT:

Whenever any claim against the Contractor for the payment of a sum of money

arises out of or under the contract, the Owner shall be entitled to recover such sum

by appropriating in part or whole, security deposit of the contractor, forming whole

or part of such security being insufficient or if no security has been taken from the

Contractor then the balance or the total sum recoverable, as the case may be, shall

be deducted from any sum then due or which at any time thereafter may become

due to the Contractor. The contractor shall pay to the owner on demand any balance

remaining due.

9 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED

In any case in which, under any clause or clauses of this contract, the contractor shall

have forfeited the whole of his security deposit (whether paid in one sum or

deducted by installment) or have committed a breach of any of the terms contained

in this contract the owner shall have power to adopt any of the following courses as

he may deem best suited to his interest.

a. To rescind the contract (of which rescission notice in writing to the contractor

under the hand of the owner shall be conclusive evidence) in which case the

security deposit of the contractor shall stand forfeited and be absolutely at the

disposal of the Owner.

b. To employ labour paid by the owner and to supply materials to carry out the

work any part of the work, debiting contractor with the labour cost of tools and

plants and equipment charges, the cost of the materials for which a certificate of

the Engineer-in-Charge shall be final and conclusive against the Contractor and

10% of costs as above to cover all departmental charges and crediting him with

the value of the work done in all respects in the manner and at the same rates as

if it had been carried out by the Contractor under the term of his contract. The

certificate of Engineer-in-Charge as to the value of the work done shall be final

and conclusive against the contractor.



Page 7 of 14

c. To measure up the work of the contractor and to take such part thereof as shall

be unexecuted out of his hand to give it to another contractor to complete in

which case any expenses which may be incurred in excess of the sum which

would have been paid to the original contractor, if the whole work had been

executed by him (of the amount of which excess, the certificate in writing of the

Engineer-in-Charge shall be final and conclusive) shall be borne and paid by the

original contractor and may be deducted from any money due to him by the

Owner under the contract or otherwise or from his security deposit or from the

proceeds of sale thereof, of a sufficient part thereof.

In the event of any of the above course being adopted by the Owner, the contractor

shall have no claim to compensation for any loss sustained by him by reason of his

having purchased or procured any materials or entered into any agreements or

made any advances on account of or with a view to the execution of the work of the

performance of the contract. In case the Contractor shall not be entitled to recover

or be paid any sum for any work actually performed under this contract unless the

Engineer-in- Charge will certify in writing the performance of such work and the

value payable in respect thereof and he shall only be entitled to be paid the value so

certified.

10 Progress Monitoring

a. The Contractor shall submit program of execution both in the form of activities in

'Project' as well as quantitative program in terms of month wise physical targets

for various disciplines of work. These shall be periodically updated considering the

progress of the Project.

b. On the first day of each calendar month following effectiveness of the Contract,

two copies of a monthly progress report with exception report showing current

status of various activities shall be submitted by the Contractor to the BPCL.

c. The monthly progress report to be submitted by the Contractor shall indicate

progress of activities against targeted dates and targeted quantities in Performa

as per the requirement of the Contract for maintaining consistency of reporting

and for maintaining database by, the BPCL. Reasons for shortfalls, if any, shall be

clearly brought out and proposed remedial measures to arrest the delays shall be

indicated by the Contractor in the progress report, wherever applicable.

d. The progress report shall also highlight inspection status. The Contractor shall

submit one copy of the inspection certificate duly signed by representatives/

authorized agencies after inspection along with each progress report.



Page 8 of 14

11 FORCE MAJEURE:

Any delays in or failure of the performance of either part hereto shall not constitute

default here under or give rise to any claims for damages, if any, to the extent such

delays or failure of performance is caused by occurrences such as Acts of God or the

public enemy expropriation or confiscation of facilities by Govt./authorities,

compliances with any order or request of any Government authorities, acts of war,

rebellion or sabotage or fires, floods, explosions, riots or strikes. The contractor shall

keep records of the circumstances referred to above and bring these to the notice of

Engineer-in-Charge in writing immediately on such occurrences.

12 WAIVER:

Any acquiescence or waiver by the Corporation of any delay, breach or default

committed by the Third Party Certification Agency shall not be deemed to be or

considered as to appeal against Corporation nor prevent Corporation from

exercising any of its rights under any of the provisions under this contract.

13 TERMINATION/OFFLOADING:

The contractor fully understands that timely completion of the work as per the

schedule is of paramount necessity as otherwise it would lead to adversely affecting

the schedules of other works/project with resultant financial and other losses to the

Company/owner. In view of this, the contractor unconditionally agrees and binds

himself to be liable for all the consequences for non-completion of the work within

the stipulated time.

In case a situation is brought about by the contractor warranting termination/off-

loading of the whole or any part of the work for any reason whatsoever, the

Company/owner shall have the liberty and right to entrust/engage/award the work

so terminated/off loaded at the risk and cost of the contractor to any other

agency/contractor by adopting any mode of inviting tenders, i.e. open/limited/single

party/negotiation basis etc. in order to ensure completion of the work as per the

schedule or at the quickest possible time.

14 RIGHT OF OWNER TO DETERMINE / TERMINATE CONTRACT

a. Owner shall, at any time be entitled to determine and terminate the contract, if

in the opinion of the Owner the cessation of the work becomes necessary owing

to paucity of funds or for any other cause whatsoever, in which case, the cost of



Page 9 of 14

approved materials at the site at current market rates as verified and approved

by Engineer-in-Charge and of the value of the work done to date by the

contractor shall be paid for in full at the rates specified in the contract. A notice

in writing from the Owner to the contractor of such determination and

termination and the reason thereof, shall be the conclusive proof of the fact that

the contract has been so determined and terminated by the Owner.

b. Should the contract be determined under sub-clause (a) of this clause and the

contractor claims payments to compensate expenditure incurred by him in the

expectation of completing the whole of the work, the Owner shall consider and

admit such claim as are deemed fair and reasonable and are supported by

vouchers to the satisfaction of the Engineer-in-Charge. The Owner’s decision on

the necessity and propriety of any such expenditure shall be final and conclusive

and binding on the contractor.

15 FORECLOSURE

The Corporation reserves the right to foreclose the contract in the event of change

of market conditions, GOI guidelines / directives, environment statutes forcing

revision in type of Certifications / Audits etc.

16 ARBITRATION:

a. Any dispute or difference of any nature whatsoever, any claim, cross-claim,

counter-claim or set off of BPCL against the Contractor or regarding any right,

liability, act, omission on account of any of the parties hereto arising out of or in

relation to this agreement shall be referred to the sole Arbitration of the Director

(Marketing) (herein after named as Director) of the BPCL or of some officer of

the BPCL who may be nominated by the Director (Marketing). The Contractor

will not be entitled to raise any objection to any such arbitrator on the ground

that the arbitrator is an Officer of the BPCL or that he has dealt with the matters

to which the contract relates or that in the course of his duties as an Officer of

the BPCL he had expressed views on all or any other matters in dispute or

difference. In the event of the arbitrator to whom the matter is originally

referred being transferred or vacating his office or being unable to act for any

reason, the Director as aforesaid at the time of such transfer, vacation of office

Or inability to act may in the discretion of the Director designate another person

to act as arbitrator in accordance with the terms of the agreement to the end



Page 10 of 14

and intent that the original Arbitrator shall be entitled to continue the arbitration

proceedings not withstanding his transfer or vacation or office as an Officer of

the BPCL if the Director does not designate another person to act as arbitrator

on such transfer, vacation of office or inability of original arbitrator. Such persons

shall be entitled to proceed with the reference from the point at which it was left

by his predecessor. It is also a term of this contract that no person other than the

Director or a person nominated by such Director of the BPCL as aforesaid shall

act as arbitrator, hereunder. The award of the arbitrator so appointed shall be

final conclusive and binding on all parties to the agreement subject to the

provisions of the Arbitration and Conciliation Act, 1996 or any statutory

modification or re-enactment thereof and the rules made thereunder for the

time being in force shall apply to the arbitration proceedings under this clause.

b. The arbitrator shall have power to order and direct either of the parties to abide

by, observe and perform all such directions as the arbitrator may think fit having

regard to the matters in difference i.e. dispute before him. The arbitrator shall

have all summary powers and may take such evidence oral and/ or documentary,

as the arbitrator in his absolute discretion thinks fit and shall be entitled to

exercise all powers under the Arbitration and Conciliation Act, 1996 including

admission of any affidavit as evidence concerning the matter in difference i.e.

dispute before him.

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

to say the Respondents in the proceedings, shall be entitled to prefer a cross-

claim, counter-claim or set off before the Arbitrator in respect of any matter an

issue arising out of or in relation to the Agreement, without seeking a formal

reference of arbitration to the Director for such counter-claim, cross or set off

and the Arbitrator shall be entitled to consider and deal with the same as if the

matters arising therefrom has been referred to him originally, and deemed to

form part of the reference made by the Director.

d. The arbitrator shall be at liberty to appoint, if necessary, any accountant or

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

taken.

e. The arbitrator shall have power to make one or more awards whether interim or

otherwise, in respect of the dispute and difference and in particular will be



Page 11 of 14

entitled to make separate awards in respect of claims or cross-claims of the

parties.

f. The arbitrator shall be entitled to direct any one of the parties to pay the costs of

the other party in such manner and to such extent as the arbitrator may in his

discretion determine and shall also be entitled to require one or both the parties

to deposit funds in such proportion to meet the arbitrators’ expenses whenever

called upon to do so.

g. The parties hereby agree that the courts in the city of Mumbai, alone shall have

jurisdiction to entertain any application or other proceedings in respect of

anything arising under this agreement and any award or awards made by the

Sole Arbitrator hereunder shall be filed in the concerned courts in the city of

Mumbai only.

17 JURISDICTION

The contractor shall be governed by the Laws in force in INDIA. The contractor

hereby submits to the jurisdiction of the Courts situated at Mumbai, for the purpose

of actions and proceedings arising out of the contract and the courts at Mumbai,

only will have jurisdiction to hear and decide such actions and proceedings.

18 GOVERNING LAW

The Parties hereto agree that their respective rights, privileges, duties and

obligations under this contract to be executed shall be determined and be governed

by the Laws of India.

19 INTERPRETATION OF CONTRACT DOCUMENT

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

the General Conditions of Contract and special conditions shall prevail over those

of any other documents forming part of the contract. Several documents forming

the contract are to be taken as mutually explanatory. Should there be any

discrepancy, inconsistency, error or omission in the contract or any of the matter

may be referred to Engineer-in-Charge, who shall give his decisions and issue to

the Contractor instructions directing in what manner the work is to be carried

out. The decision of the Engineer-in-Charge shall be final and conclusive and the

contractor shall carry out work in accordance with this decision.



Page 12 of 14

b. Works shown upon the drawing but not mentioned in the specifications or

described in the specification without being shown on the drawings shall

nevertheless be held to be included in the same manner as if they had been

specifically shown upon the drawings and described in the specifications.

c. Headings and marginal notes to the clauses of these General Conditions of

Contract or to specifications or to any other tender document are solely for the

purpose of giving a concise indication and not a summary of the content thereof,

and they shall never be deemed to be part thereof or be used in the

interpretation or construction thereof of the Contract.

20 TIME OF PERFORMANCE

a. The work covered by this contract shall be commenced as detailed in the

purchase order or as per the instructions of the Engineer in charge and be

completed in stages on or before the dates as mentioned in the time schedule of

completion of work. The contractor should bear in mind that time is the essence

of this agreement unless such time be extended pursuant to the provision of

clause No. 21. Request for revision of Completion time after tenders are opened

will not receive consideration.

b. Time Schedule of Completion: The general time schedule of completion is given

in the tender document. Contractor should prepare a detailed monthly and

weekly execution programme, jointly with the Engineer-in-Charge within two

weeks of receipt of Letter of Intent or acceptance of tender. The work shall be

executed strictly as per the time schedule given in this document. The period of

completion given includes the time required for testing, rectifications, if any,

retesting and completion in all respects to the entire satisfaction of the Engineer-

in-Charge.

21 EXTENSION OF TIME:

If the contractor shall desire an extension of the time for completion of the work on

the grounds of his having been unavoidably hindered in its execution or on any other

grounds, he shall apply in writing to the Engineer-in-Charge within two weeks of the

date of hindrance on account of which he desires such extension as aforesaid, and

the Engineer-in-Charge shall if in his opinion (which shall be final), reasonable

grounds have been shown thereof, authorize such extension of time as may in his

opinion be necessary or proper. In the event of extension of Time of the contract, if



Page 13 of 14

granted, the contractor shall be required to suitably extend the period of Bank

Guarantee if submitted, towards security Deposit/retention money suitably

22 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK:

If at any time from the commencement of the work the owner shall for any reasons

whatsoever, not require the whole or part thereof as specified in the tender to be

carried out, the Engineer-in-Charge shall give notice in writing of the fact to the

contractor, who shall have no claim to any payment or compensation whatsoever on

account of any profit or advantage which he might have derived from the execution

of the work in full, but which he did not derive in consequence of the full amount of

the work not having been carried out, neither shall he have any claim for

compensation by reason of any alterations having been made in the original

specifications, drawings, designs and instructions which shall involve any curtailment

of the work as originally contemplated.

23 SUB-LETTING OF WORK

Sub letting of contracts shall not be generally permitted. However owner may permit

sub letting of work on specific cases subject to the following:-

a. No part of the contract nor any share of interest there shall in any manner or

degree be transferred assigned sublet by the contractor directly or indirectly to

any firm or corporation whosoever except as provided for in the succeeding sub-

clause, without the consent in writing of the Owner.

b. Sub Contractors for Temporary Works Etc.:- The Owner may give written consent

to sub-contract for execution of any part of the works at the site, being entered

into by the contractor provided each individual sub-contract is submitted to the

Engineer-in-Charge before being entered into and is approved by him.

c. List of Sub-Contractors to be supplied: - At the commencement of every month

the contractor shall furnish to the Engineer-in-Charge list of all sub-contractors

or firms engaged by the contractor and working at the site during the previous

month with particulars of the general nature of the sub-contract or works.

d. Contractor’s Liability Not Limited By Sub-Contractors:- Notwithstanding any sub-

letting with such approval as aforesaid and notwithstanding that the Engineer-in-

Charge shall have received copies of any sub-contracts, the contractor shall be

and shall remain solely responsible for the quality and proper and expeditious

execution of the works and the performance of all the conditions of the contract



Page 14 of 14

in all respects as if such sub-letting or sub-contracting had not taken place and as

if such work had been done directly by the Contractor.

e. Owner may Terminate Sub-Contracts:- If any sub-contractor engaged upon the

works at the site executes any work which in the opinion of the Engineer-in-

Charge is not in accordance with the Contract documents, the owner may by

written notice to the contractor request him to terminate such sub-contract and

the contractor upon the receipt of such notice shall terminate such sub contract

and the latter shall forthwith leave the works, failing which the owner shall have

right to remove such sub-contractors from the Site.

f. No Remedy For Action Taken Under This Clause:- No action taken by the owner

under the clause shall relieve the contractor of any of his liabilities under the

contract or give rise to any right to compensation, extension of time or otherwise

failing which, the owner shall have right to remove such sub-contractors from

the Site.

24 NOTICES

Any notice hereunder may be served on the contractor or his duly authorized

representative at the job site or may be served by registered mail direct to the

address furnished by the Contractor. Proof of issue of any such notice could be

conclusive of the contractor having been duly informed of all contents therein.

25 VALIDITY OF THE CONTRACT

The PMC Contract shall be effective from the date of receipt of the Letter of Award

(LOA) and shall remain in force till the completion of project as per EPC contract or

on cessation of responsibilities of PMC. It will be the responsibility of PMC to

complete the work in stipulated time such as stabilization of system, receipt of all

statutory compliances, reconciliation, closing of contract and closing of dispute with

EPC, if any.

CRFQ NO. 1000221219 ANNEXURE V

PERFORMANCE BANK GURANTEE

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PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To,

Bharat Petroleum Corporation Limited Central Procurement Organization (Mktg.), Sewree, Mumbai – 400 015

THIS INDENTURE made this _________day of 2014 between _______*_______ of the first Part and ___________ Bank Ltd. hereafter called “ The Bank” which expression shall include its successors and assign of the second part and the _______________@______/_______@@__________ hereinafter called “ the Corporation” which expression shall include his successors and assigns of the third party.

WHEREAS the Vendor has to pay from time to time to the Corporation the Earnest Money/ security deposit in respect of works tendered to be performed or in respect of tenders to be submitted by him according to the terms and conditions for submission of tenders or of Contracts as the case may be.

AND WHEREAS the full value of the Earnest money/ security deposit is liable to be forfeited to the Corporation on happening of the contingencies mentioned in the tender document or in the contracts;

AND WHEREAS the Vendor desires to secure exemption from payment of Earnest money/ Security Deposit with each individual tender and has offered to furnish a guarantee of the Bank for the sum of Rs._________ to the Corporation for the purpose of securing such exemption;

AND WHEREAS the Corporation has agreed to accept the guarantee of the Bank as herein provided in lieu of the vendor depositing Earnest money/ Security deposit with each individual tender or contract.

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

1. If the Vendor commits any breach of the terms and conditions of any tender or contract in respect of which the vendor has been exempted from depositing the Earnest Money/ Security deposit because of this guarantee furnished by the Bank to the Corporation and the Corporation has become entitled to forfeit the earnest money/ security deposit or any part thereof the Bank hereby unconditionally and irrevocably agrees and undertakes to pay to the Corporation demand and without demur the amount of the Security Deposit



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required to be furnished by the contractor under the conditions of the tender or of the Contract in respect of which the breach is committed to the extent of Rs._______

2. We, ______________ Bank Ltd, further agree that the Corporation shall be the sole judge of and as to whether the said vendor has committed any breach or breaches of any of the terms and conditions of the tender/ contract and the extent of loss, damage, or that may be caused to or suffered by the Corporation on account thereof to the extent of the earnest money/ security deposit required to be deposited by the vendor in respect of the said tender or the contract and the decision of the Corporation that the said vendor has committed such breach or breaches and as to the amount or amounts or loss, damage, cost, charges and expenses caused to or suffered by or that may be caused to or suffered by the Corporation from time to time shall be final and binding on us.

3. We, the said bank for further agree that the Guarantee herein contain shall remain in full force and effect during the period that would be taken for the performance of all the contract in respect of which the Vendor ha s been exempted from making a deposit of the Earnest money/ security deposit by virtue of this Guarantee and till all the due of the Corporation under the said contract or by virtue of any of the terms and conditions governing the said contracts has been fully and properly carried out by the said Vendor and accordingly discharges this Guarantee subject, however that the Corporation shall have no claim under this Guarantee from the date of expiry of the Warranty Period of the last call-off placed, unless a notice of the claim under the Guarantee has been served on the bank before the expiry of the said period in which case the same shall be enforceable against the bank notwithstanding the fact, that the same is unforced after the expiry of the said period. Provided, however, if the Corporation thinks that the after the date of expiry of the Warranty period of the last call-off, as provided in the Contract which expires last shall expire after the expiry of the period of _____ years from ____ day of _____ the Bank hereby agrees and undertakes on being called upon by the Corporation to extend the date of validity of this Guarantee for a further period of ___ years from the said ___ day of ___ at least two months before the expiry of the said period of __years from __ day of __ and if the Bank fails to do so the Bank shall forthwith pay to the Corporation the said sum of Rs.____________________

4. The Corporation shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee or Indemnity, from time to time to vary any of the terms and conditions of the said contracts or to extend time of performance by the said vendor or to postpone for any time and from time to time any of the powers exercisable by him against the said vendor and to either enforce or forbear from enforcing any of the terms and conditions governing the



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said contract or securities available to the Corporation and the said Bank shall not be released from its liability under these presents by any exercise of the Corporation of the liberty with reference to the matters aforesaid or by reason of time being given to the said vendor or any other forbearance, act or omission on part of the Corporation or any indulgence by the Corporation to the said vendor or of any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of so releasing the Bank from its such liability.

5. It shall not be necessary agrees the undertakes that if the Corporation to proceed against the Vendor before proceeding against the Bank and the Guarantee herein contained shall be enforceable against the Bank notwithstanding any security which the Corporation may have obtained to obtain from the Vendor shall at the time when proceeding are taken against the Bank hereunder be outstanding or unrealized.

6. The Vendor hereby agrees and undertakes that if the Corporation has become entitled to forfeit the amount of Earnest money/ security deposit or any part thereof in respect of the contract for which he has been exempted from payment of earnest money/ security deposit by virtue of this Guarantee and if the Corporation has recovered the said amount of earnest money/security deposit or any part thereof from the Bank under this Guarantee, the Contractor shall forthwith on the happening of any such event arrange to have the amount of the Guarantee increased to the said sum of Rs. ________ as aforesaid and till such time as he/she furnishes a fresh or further Bank Guarantee bringing the amount of the Bank Guarantee to the said sum of Rs._____ the vendor shall not be entitled to any exemption in respect of any earnest money/ security deposit in respect of any of the tenders submitted by him after the date of forfeiture of any amount of earnest money/ security deposit by the Corporation under any of the said contracts and such amount having been recovered from the Bank under this Guarantee.

7. We, the said Bank, lastly undertake not to revoke this Guarantee during its currency except with the previous consent of the Corporation in writing and agree that any change in the Constitution of the said Vendor or the said Bank shall not discharge our liability here under.

IN WITNESS WHEREOF the parties herein have executed these presents the day and year first over above written.

Signed and delivered by the

within named ……………………………………………………………………………………(Vendor)



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1)

2)

Signed and delivered by the

Shri.……………………………………………within named…………… and (Name and Designation)on behalf of the ………………….@/ Bank in , the presence of ……………………. in the presence of

1) 1)

2) 2)

* For propriety concerns

Shri……………………….. son of ………………resident of ………………..carrying on business under the name and style of………………….(herein after called the said “Vendor” which expression shall unless the context requires otherwise include his heirs, executors, administrators and legal representatives).

* For Partnership Concerns

1) Shri………………….. son of ………………… resident of……………….

1) Shri……………………. son of ……………… resident of …………………. carrying on business in co-partnership under the name and style of ……………………….. at ………….(hereinafter collectively called the said ”Vendor” which expression shall unless the context requires otherwise include each of them and their respective heirs, executors, administrators and legal representatives).

* For Companies



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Shri…………………….. a company under the Companies Act 1956 are having its registered office at…………………..in the State of ………………( hereinafter called the said “Vendor” which expression shall unless the context requires otherwise include its successors and assigns).

Note: @ here, insert the Name of the Undertaking.

@@ here, insert the name of the Unit/ Project.