feed and basic design services for low cost creeping...

FEED and Basic Design Services for Low Cost Creeping Expansion of BORL,

Bina

ENQUIRY DOCUMENT

(Document No : A702-011-PA-MR-5070-4-RFQ)

of 240

Click on the Document Title to go to that section of the document

Table of ContentsDocument Number Rev. Document Title Page

NumberA702-011-PA-MR-5070-4-RFQ

0 ENQUIRY DOCUMENT 3

A702-011-PA-MR-5070

B PUMP CENTRIFUGAL HORIZONTAL 167

A702-011-82-41-SP-5070

A JOB SPECIFICATIONS 170

A702-011-82-41-DS-0107

A DATA SHEET 175

A702-012-82-41-DS-0113

A DATA SHEET 177

A702-011-82-41-VR-5070

A VENDOR DATA REQUIREMENTS 179

A702-011-82-41-SU-5070

A SITE & UTILITY DATA SPECIFICATIONS 181

A702-011-82-41-OD-0002

A ANY OTHER DOCUMENT 185

6-78-0001 1 Specification for quality management system requirements frombidders

189

6-78-0003 1 Specification for documentation requirement from suppliers 196A702-011-16-50-SP-5070

A JOB SPECIFICATION 205

A702-011-16-50-DS-5070

A DATA SHEET 209

A702-011-16-50-VR-5070

A VENDOR DATA REQUIREMENTS 210

A702-011-16-50-LL-5070

A CHECKLIST 213

A702-011-16-50-SL-5070

A SPARE LIST 215

6-51-0031 5 Specification for high voltage induction motors. 2176-81-1031 3 ITP for HV induction motors 235

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Sector 16, Gurgaon – 122001 (Haryana), INDIA

REQUEST FOR QUOTATION (RFQ) RFQ No.: AK/A702-011-PA-MR-5070/004 Date: 28.08.2015

To, M/s BHARAT PUMPS & COMPRESSORS LTD.

Client :BHARAT OMAN REFINERIES LIMITED

Project: REVAMP AND CAPACITY ENHANCEMENT PROJECT AT BINA REFINERY

MR No.: A702-011-PA-MR-5070 REV. A

Item: PUMP - CENTRIFUGAL HORIZONTAL Due Date & Time:14.09.2015; Up to 1200 Hrs. (IST)

UNPRICED BID OPENING: At 1400 Hours (IST) on 14.09.2015

PRE-BID QUERIES Last date for submission of Pre Bid Queries will be 03.09.2015

PRE-BID MEETING :

At 1100 Hours (IST) on 04.09.2015 at Engineers India Ltd., Tower-I, 1st Floor, EIL Complex, Sector-16, (Near 32nd Milestone on NH-8), Gurgaon-Haryana.

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

POST BID MEETING: Shall be conducted within 10 days from the date of opening of un-priced bids,if required.

GENTLEMEN,

1. Bharat Oman Refineries Limited (BORL) is a joint venture company promoted by Bharat Petroleum Corporation Limited (BPCL) and Oman Oil Company S.A.O.C., Sultanate of Oman (OOC). BORL is engaged in crude procurement, crude oil refining & storage and despatch of petroleum products. The Company operates a six million metric tonnes per annum (MMTPA) capacity refinery in the hinterland at Bina, Dist. Sagar, Madhya Pradesh.

2. BORL intends to augment the processing capacity of Bina Refinery from existing 6.0 MMTPA to 7.8 MMTPA under Revamp and Capacity Enhancement Project. Project involves revamp of process units, utilities, offsites and product dispatch facilities. Engineers India Limited (EIL) have been engaged by BHARAT OMAN REFINERIES LIMITED (BORL) as the consultant for the project.

3. Online electronic Bid is requested on behalf of our Client M/s BHARAT OMAN REFINERIES LIMITED (BORL) for the subject item in complete accordance with RFQ Documents/ attachments.

4. Bidder can download the complete enquiry document from EIL Tender portal http:tenders.eil.co.in or NIC Portal/ Central Public Procurement Portal (CPPP) i.e. http://eprocure.gov.in/eprocure/app.

5. Please submit your Acknowledgement against the RFQ on EIL’s website http:tenders.eil.co.in\newtenders. In case there is no response, the bidder shall be liable for suitable

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action including review of their enlistment with EIL for the subject item.

6. The bidder is requested to submit any questions by courier/e-mail in the enclosed Form-A to reach EIL as per date indicated in RFQ.

7. Bidder is required to upload the bid along with all supporting documents & priced part on the e-tendering website (http://eprocure.gov.in/eprocure/app) only, on or before the due date and time for

submission of bid. Bidder is required to register himself at http://eprocure.gov.in/eprocure/app. No

registration fee would be charged from the bidder.

8. Bidder to refer for E-Tendering methodology enclosed with this RFQ. Various links such as “Help for Contractor”, “Information about DSC”, “FAQ”, “Resources Required”, “Bidders Manual Kit” etc. are available on home page of http://eprocure.gov.in/eprocure/app facilitating vendor to participate in the bidding process. Bidder is advised to download & utilize the available information/documents under these links for activities like Registration in CPPP, obtaining User ID & Password, uploading & submission of e-bids etc. Bidder is advised in their own interest to carefully go through Instructions for E-tendering and other related document available against various help links so as to ensure that bid is uploaded in E-tendering website well before the closing date and time of bid submission.

9. NIC Portal mandates that the bidder shall be registered on the portal before any enquiry can be issued

to them. In order to expedite issue of enquiries, the enquiry is being issued through EIL Tender Portal and also being published on Central Public Procurement Portal. The enquiry shall be issued to the bidder on the NIC e-Procurement Portal as soon as their registration is completed in the NIC Portal (http://eprocure.gov.in/eprocure/app).

10. Bidder to upload the Un-priced and Priced parts of bid strictly in the respective designated folders in

the NIC Portal.

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

12. Bidder is advised to submit bid strictly based on the specifications, terms & conditions contained in the RFQ Documents and should not stipulate any deviation.

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

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

15. Delivery/Completion Period :-

For Supply: Within 04 (Four) Month on FOT Despatch Point Basis from the date of LOI. Date of Lorry receipt (LR) shall be considered as the date of delivery. For Site Works: Within 02 (Two) Month for Completion of site works. 15 (Fifteen) days advance notice shall be given to the vendor for starting the site work. Date of completion of site work shall be arrived based on the date of advance notice for starting the site work plus 15 days notice period plus time schedule for completion of work.

16. The offer should be valid for 03 (Three) months from final bid due date.

17. Payment Terms:

i) As per Clause No.A-1.3 & notes (as applicable) of Annexure-C to Special Purchase Conditions (SPC).

ii) With reference to Note Sl. No. (xi) of Annexure-C to SPC, the quoted site work charges shall be minimum 40% of quoted supply price for item Sl. No-01.01 to 01.04.

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http://eprocure.gov.in/

http://eprocure.gov.in/eprocure/app



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18. Net Worth:

Bidder shall submit copy of complete Annual Financial Statement including Auditor’ Report and Schedule of Reserve & Surplus, Balance Sheet & Profit/Loss account and including all notes and schedules forming part of Audited Annual reports for the immediate preceding financial year for determination of net-worth of the Bidder.

19. Part Order: Not Applicable.

20. Repeat Order: Not Applicable.

21. Price Reduction Schedule towards delay in delivery/completion.

i) Price Reduction Schedule towards delay in delivery / completion for domestic bidder shall be

applicable as per clause no. 20.3.1 of GPC subject to following modification:

“Price Reduction schedule for (Supply + Site work) shall be @ 0.5% of value of total order value (TOV) (supply amount plus site work amount put together) of per week of delay or part thereof subject to maximum of 5% total order value (TOV) (supply amount plus site work amount put together)”.

ii) Wherever the supply period and site work are indicated as two separate periods and notice of site readiness is required for site work, intervening period, if any shall be excluded, while calculating the price schedule for delay.”

iii) The vendor shall be contractually committed to the periods-FOT dispatch point (for supply) as well as completion period (for site work). In case of delays in despatches beyond the contractual FOT dispatch point delivery period, the vendor shall raise invoices after deducting applicable deduction on account of Price Reduction Schedule. However, the final settlement of price reduction schedule shall be based on completion period. In case price reduction applicable on delayed completion period is less than that deducted on account of delayed supplies, the excess deduction can be claimed back by the vendor.

22. EMD & Bid Document fee is not applicable for this RFQ.

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

24. Consortium/ Joint/ Multiple/ alternative bids shall not be acceptable.

25. Contact Persons for this RFQ are:

Mr. Atul Kumar, AGM (C&P), Contact No. 0124-380 2099& email: [email protected] or

Mr. Amit Kumar Gupta, Manager (C&P), Contact No. 0124-380 2132& email: [email protected] or

Mr.Arnav Ranjan, Sr. Engineer(C&P), Contact No. 0124-380 2134 & email: [email protected]

*Please specify Ref. No. (AK/A702-011-PA-MR-5070/004) in all Correspondence. THIS IS NOT AN ORDER Very truly yours, For & on Behalf of BORL (ATUL KUMAR) AGM(C&P) ENGINEERS INDIA LIMITED Enclosure: As per List Attached

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mailto:[email protected]


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LIST OF ENCLOSURES

DOCUMENT

A) Request For Quotation (RFQ)

B) Other Commercial documents:

i) Price Schedule Format

ii) Form-A (Format For Pre Bid Queries)

iii) Agreed Terms & Conditions (ATC) & Annexure-A to ATC

iv) Instruction to Bidder (ITB)

v) Special Purchase Conditions (SPC)

vi) General Purchase Conditions (GPC)

vii) Terms and condition for site works.

viii) General Condition of contract (GCC).

ix) E-Tendering Methodology.

C) Technical document:

Material Requisition (MR) No. : A702-011-PA-MR-5070 REV. A

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(in Figures) (in Words) (in Figures) (in Words)

01.00

01.01 11-PA-CF-107 A KERO PRODUCT PUMP 1 NOS

01.02 11-PA-CF-107 B KERO PRODUCT PUMP 1 NOS

01.03 12-PA-CF-113 A HVGO PDT PUMPS 1 NOS

01.04 12-PA-CF-113 B HVGO PDT PUMPS 1 NOS

2.0

02.01 11-PA-CF-107 A KERO PRODUCT PUMP 1 NOS

02.02 11-PA-CF-107 B KERO PRODUCT PUMP 1 NOS

02.03 12-PA-CF-113 A HVGO PDT PUMPS 1 NOS

02.04 12-PA-CF-113 B HVGO PDT PUMPS 1 NOS

Page 1 of 1

OFFER REFERENCE NO.:

PRICE SCHEDULE

RFQ NO.: AK/A702-11-PA-MR-5070 /004

ITEM: PUMP-CENTRIFUGAL HORIZONTAL (SPP)

NAME OF BIDDER : M/S

Total Freight Charges upto Project site excluding

Service Tax

All amount in Indian Rupees (INR)

SUPPLY OF FOLLOWING ITEMS AS PER SCOPE OF SUPPLY MENTIONED IN MR. NO. A702-011-PA-MR-5070 REV. A COMPLETE IN ALL RESPECTS:

Design, engineering, manufacture, procurement of materials and bought out components, inspection, testing & supply of components at site for the revamp of the following equipments,

including supply of all mandatory spares (for electrical items), commissioning spares & special tools and tackles, erection material & documentation as per job specification, data sheets etc.

and other codes and standards attached or referred.

Sr. No. as

per MR Item Code / Tag No.

as per MR Description

QtyUOM

Total Price on FOT Despatch Point Basis including

P&F charges

Sr. No. as

per MR

Item Code/Tag No.

as per MRDescription

QtyUOM

Total Price including Work Contract Tax (if applicable) and Excluding applicable Service Tax & Edu.-

Cess

All amount in Indian Rupees (INR)

(in Figures) (in Words)

Transportation from store to work site, handling, assembly at site, installation, testing, pre-commissioning, commissioning, performance guarantee run and handling over to client for the

following, as per the enclosed EIL standard specifications, instruction to vendors, job specification, data sheets etc.

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NAME OF BIDDER: M/S __________________________

SL.

NO.

Item Tag Nos. Description of spare

parts

Qty (Unit_____)* Unit FOT Despatch Point Price

including P&F

(INR)

Total FOT Despatch Point Price

including P&F

(INR)

Transportation Charges up to

Site excluding Service Tax in

percentage of price mentioned

in column 6

1 2 3 4 5 6 7

*UNIT TO BE SPECIFIED BY BIDDER

Page 1 of 1

PRICE SCHEDULE FOR 2 YEARS OPERATION & MAINTENANCE SPARES

RFQ NO. AK/A702-011-PA-MR-5070/004

ITEM: PUMP-CENTRIFUGAL HORIZONTAL (SPP)--------------------------------------------------------

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For Item

Sl . No.

as per

MR

Description of

Imported items

Qty.

(Unit____)

*(1)

CUSTOM TARRIF

NO.

BASIC

CUSTOMS DUTY

(%)

(MERIT RATE)

CVD + EDU.

CESS ON CVD

(%)

EDU. CESS

ON

CUSTOM

DUTY (%)

SAD (%) TOTAL

CUSTOM

DUTY (%)

Rate in Figures Rate in Words

2) Bidder to furnish the above details separatly for each item S. No. of MR. Page 1 of 1

NAME OF BIDDER: M/S __________________________

ENCLOSURE TO PRICE SCHEDULE FOR SUPPLY FORMAT - "CIF/CD"

RFQ NO.: AK/A702-11-PA-MR-5070 /004

ITEM: PUMP-CENTRIFUGAL HORIZONTAL (SPP)

NOTE: *(1) Unit to be specified by the Bidder.

DETAILS OF BUILT-IN-CIF VALUE OF IMPORT CONTENT, ITEM DETAILS OF IMPORT CONTENT AND MERIT RATES OF IMPORTS DUTY CONSIDERED AND INCLUDED IN QUOTED FOT DESPATCH

POINT PRICES UNDER PRICE SCHEDULE

DESCRIPTION CIF value of Import Content included in

quoted supply prices for column (2)

Qty.

(In Rs)

MERIT RATE OF CUSTOM DUTY INCLUDED IN QUOTED SUPPLY PRICES

TOTAL CIF VALUE

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FORM–A

FORMAT FOR BIDDERS’ QUERIES

SL. NO.

REFERENCE OF BIDDING DOCUMENT

BIDDER'S QUERY

EIL REPLY

PART/VOL.

PAGE NO.

CLAUSE NO.

SUBJECT

NOTES: 1. The Pre-Bid Queries (if editable format) may be sent by e-mail to concern persons, the details of which is provided in RFQ

Cover letter.

SIGNATURE OF BIDDER : ___________________________ NAME OF BIDDER : ___________________________

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EIL-ATC (I)-A702 Rev. 0 Page 1 of 7

BHARAT OMAN REFINERIES LIMITED (Job No. A702)

AGREED TERMS & CONDITIONS (ATC) (FOR INDIAN BIDDERS)

Vendor Name: M/s ______________________________________________________________

RFQ No. : __________________________________________________________________

Vendor’s Offer Ref No. : ___________________________________________________________

Tel. No. ___________________Mob. No. ______________________ Fax No. ________________

Contact Person: ___________________________ E-mail _________________________________

1. ALL CORRESPONDENCE MUST BE IN ENGLISH LANGUAGE ONLY. 2. DULY SIGNED & STAMPED COPIES OF THIS “QUESTIONNAIRE”, WITH ALL THE

CLAUSES DULY CONFIRMED/ PRECISELY REPLIED TO BY THE VENDOR, SHALL BE ENCLOSED.

3. ALL COMMERCIAL TERMS ARE GIVEN/CONFIRMED IN THE QUESTIONNAIRE ITSELF

AND NOT ELSEWHERE IN THE QUOTATION. IN CASE OF CONTRADICTION, THE SAME GIVEN HEREIN SHALL PREVAIL.

4. FAILURE ON THE PART OF VENDOR IN SUBMITTING THIS DULY FILLED-UP "QUESTIONNAIRE WITH UNPRICED BID AND/OR UPLOADING / SUBMITTING INCOMPLETE REPLIES MAY LEAD TO REJECTION OF VENDOR'S QUOTATION”.

5. YOUR OFFER SHALL BE IN TOTAL COMPLIANCE WITH RFQ DOCUMENTS

CONTAINING COMMERCIAL AND TECHNICAL SPECIFICATIONS INCLUDING GENERAL / TECHNICAL NOTES AND SCOPE OF SUPPLY INCLUDING DOCUMENTATION AS PER MATERIAL REQUISITION (MR) AND SUBSEQUENT TECHNICAL/COMMERCIAL AMENDMENT AND TECHNICAL/COMMERCIAL CORRIGENDUM, IF ANY.

SL. NO.

DESCRIPTION VENDOR’S CONFIRMATION

1. i) Quoted supply prices are on FOT Dispatch Point basis inclusive of Packing & Forwarding.

Confirmed

ii) Specify Dispatch Point

----------------------- iii) a) b)

c)

Confirm that Transportation upto site shall be arranged by the Supplier on behalf of the Owner. Confirm firm transportation charges exclusive of Service Tax, upto project site, have been quoted separately in Price Schedule. Percentage of Service Tax as applicable extra on Freight

a. Confirmed

b. Confirmed, Quoted in Price Schedule

c. Refer Annexure-A to ATC

iv) Transit Insurance shall be arranged by the client & charges of the same shall also be borne by client.

For LSTK Packages, the comprehensive insurance (transit cum storage, erection, till handing over of equipment) shall be in the scope of Contractor.

Confirmed

v) Owner shall pay Entry Tax, wherever applicable.

Noted

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SL. NO.


2. a. b. c. d.

Excise Duty applicable extra in percentage. Excise Tariff sub heading no. Any variations in ED at the time of supplies for any reasons including variation due to turn-over shall be borne by the Seller. Only statutory variations shall be borne by Purchaser.

If Excise Duty is not applicable at present due to any reason, the same shall be borne by vendor if it becomes applicable later.

a. Refer Annexure-A to ATC

b. _____________

c. Confirmed

d. Confirmed

2.1 a. b.

Confirm Excise Duty will not be applicable on transportation charges.

If Excise Duty is not applicable on transportation charges presently, and if it becomes applicable at the time of delivery due to any reasons other than statutory, the same will be borne by the Vendor. Confirm acceptance.

a. Confirmed

b. Confirmed

3. a.

b. c. d. e.

Central Sales Tax applicable extra in percentage against Form ‘C’

VAT applicable extra:

If CST / VAT is not applicable at present due to any reason, the same shall be borne by vendor if it becomes applicable later.

Confirm CST/ VAT will not be applicable on transportation charges.

If CST / VAT is not applicable on transportation charges presently, and if it becomes applicable at the time of delivery due to any reasons other than statutory, the same will be borne by the Vendor. Confirm acceptance.

a. Refer Annexure-A to ATC

b. Refer Annexure-A to ATC

c. Confirmed

d. Confirmed

e. Confirmed

4. Any new or additional taxes/ duties and any increase in the existing taxes/duties imposed after contractual completion period shall be to Vendor’s account whereas any corresponding decrease in the existing taxes/ duties shall be passed on to the Owner.

Confirmed

5

Spares Parts:

Confirm item wise unit price (FOT Despatch Point) of following spare parts as required in Material Requisition (MR) have been included indicating itemised quantity.

i) Mandatory Spares are included/quoted as per MR. ii) Commissioning spares as specified in MR are included in

the quoted Price.

iii) Special Tools & Tackles as specified in the MR are included in the quoted prices.

iv) Confirm spares wherever required as per MR have been included in the quoted price and list of spares is also furnished. v) Confirm validity of recommended spares (if applicable as per MR) for 2 years operation and maintenance will be 12 months over and above the validity of offer.

Confirmed

Confirmed (if Applicable as per MR)





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SL. NO.


6.

a.

b.

c.

Site Work: For Site Work, if in the scope of the Bidder as per MR, please confirm the following:

Confirm that quoted site work prices are exclusive of Service Tax on value of services inclusive of all other applicable taxes & duties including Work Contract Tax.

Confirm that value of services and full rate of Service Tax as applicable extra have been quoted in Price Schedule.

Work Contract Tax (MP WCT) as per MP VAT Act, as applicable, shall be deducted at source and WCT certificate shall be issued to the Bidder.

a. Confirmed

b. Confirmed, Quoted in Price Schedule

c. Noted

7 a.

b. c.

Supervision / Training Charges: Charges for Supervision / Training, if in the scope of the Bidder as per MR have been indicated by bidder separately in the Price Schedule. Percentage of Service Tax as applicable extra on Supervision / Training

Per-diem rate for supervision has been quoted in accordance with the Terms & Conditions for Supervision enclosed with the RFQ Documents.

a. Confirmed, Quoted in Price

Schedule

b. Refer Annexure-A to ATC

c. Confirmed

8. Confirm documentation charges as per MR are included in quoted prices.

Confirmed

9. Price Reduction for delay in completion/ delivery: a) Confirm acceptance of price reduction schedule for delay in

deliveries / completion as specified in GPC/ SPC/ RFQ Cover sheet. Liquidated damages or penalty are not acceptable.

b) In case of delay, vendor will reduce the invoice amount by

applicable reduction.

a. Confirmed

b. Confirmed

10. Delivery / Completion Period: Please confirm completion period as specified in the RFQ document

Confirmed

11.

Payment Term: Confirm acceptance of “Payment Terms” as per respective clause given in RFQ Cover Letter & SPC.

Confirmed

12. a. b.

Part Order: Confirmed acceptance to Part Order (As per MR / RFQ Requirement). The quantities against a particular item will not be split. Any charges quoted extra as lumpsum shall be applicable prorata on value basis in the event of part order.

a. Confirmed.

b. Confirmed

13. Repeat Order: Confirm Acceptance to Repeat Order as per RFQ Covering Letter / SPC / GPC.

Confirmed

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SL. NO.


14.

Performance Bank Guarantee: a) In the event of award of order, submission of Performance

Bank Guarantee for 10% of total contract value valid till full guarantee period plus three months claim period.

b) The Performance Bank Guarantee shall be strictly as per

proforma enclosed with GPC document.

a. Confirmed

b. Confirmed

15. Guarantee / Warranty Confirm acceptance to Guarantee / Warranty clause as mentioned in the RFQ Covering Letter / GPC/ SPC.

Confirmed

16. Firmness of prices: Confirm quoted prices shall remain firm and fixed till complete execution of order. Price Variation shall not be considered on any account.

Confirmed

17. a. b. c. d.

Testing and Inspection charges: Goods supplied are subject to stage wise and final inspection as specified in MR by EIL and no extra charges shall be payable by owner towards the same. Travel, Living and Personnel expenses of EIL’s Representative shall be borne by Owner. Quoted prices are: i) Inclusive of all testing and inspection charges (if applicable)

as per MR. ii) Inclusive of all IBR/IGC/NACE charges (if applicable) as

required in the Material Requisition. iii) Inclusive of all statutory certification charges PESO/CCOE

etc. (if applicable) as required in the Material Requisition Is your shop approved by IBR/CCE authority, if yes, indicate validity. It is the responsibility of supplier to get the entire imported materials and the built in imported contents inspected by (Third Party Inspection Agency) TPIA (i.e. LRIS/BV/DNV/TUV/CEIL) in the country of origin and the quoted prices are inclusive of charges towards the same.

a. Confirmed

b. Confirmed

i) Confirmed

ii) Confirmed

c. i. IBR__________(Validity Date) ii. CCE_________(Validity Date)

d. Confirmed

18. a. b. c. d.

Import Content: If your offer is based on certain imported raw materials required for equipments/ materials offered, please specify the following : Confirm that quoted prices are based on Merit rate of Customs duty, CVD, Customs Educational Cess and SAD as applicable. Indicate rate of Import Duties considered and included in the quoted prices. Indicate brief description/ specification with itemised CIF value and country of origin of imported material. Indicate classification with tariff no. under which Vendor intends to import.

a. Confirmed

b. Refer Price Schedule

c. Refer Price Schedule

d. Refer Price Schedule

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SL. NO.


e. f. g. h. i.

Confirm prices shall be firm on account of variation in foreign exchange rate. Owner shall not provide any import license. Quoted prices are after considering the benefit of CENVAT on CVD including Edu. Cess. In case material is sold/consigned directly to Client from port quoted prices are excluding CENVAT benefit. In case material is directly dispatched from port, CVD amount shall be reimbursed subject to submission of bill of entry documents along with CVD invoice. Any upward variation due to change in Customs Duty classifications shall be absorbed by the vendor. However, any reduction in customs duty due to change in classification shall be passed on to Owner.

e. Confirmed

f. Noted

g. Confirmed

h. Confirmed i. Confirmed

j. k.

Statutory variations, if any, in the rate of Import Duties upto 2/3rd contractual delivery period shall be to Owner’s account. Any increase in price due to increase in the rate of Import Duties, due to any reasons, whatsoever, beyond the 2/3 rd contractual delivery period, shall be to vendor's account. However, any decrease in Import Duties rate at the time of actual clearance of imported materials shall be passed on to Owner.

j. Confirmed

k. Confirmed

l. m.

The CIF Value(s) indicated by the vendor shall be deemed to be the maximum value(s) for the purpose of payment of variation in custom duty and/or other statutory variations, if any, thereon. Variation in price due to Customs duty rate will be dealt separately after receipt of material at site, against documentary evidence.

l. Confirmed

m. Confirmed

19. a) b)

Confirm your offer is in total compliance with RFQ Document containing technical specifications including General / Technical notes, scope of supply including documentation as per Material Requisition (MR) and subsequent amendment and corrigendum, if any. Confirm your offer is in total compliance with RFQ documentation containing commercial terms and conditions as per the following documents, without any deviation: i) Instruction to Bidders (ITB) ii) Special Purchase Condition (SPC) iii) General Purchase Conditions (GPC) iv) Terms & Conditions of Site work / HSE v) Compliance to E-Tendering Instructions vi) Addendum / Corrigendum / Amendments, if any vii) RFQ Covering Letter viii) Terms & Condition of Supervision

Confirmed

Confirmed

Confirmed

Confirmed


Confirmed Confirmed Confirmed


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SL. NO.


c)

Any deviation to Terms & Conditions shall lead to rejection of offer, except deviations for which loading is defined in the RFQ Documents.

Noted

20. Whether any of the Directors of Bidder is a relative of any Director of Owner/EIL or the Bidder is a firm in which any Director of Owner/EIL or his relative is a Partner or the Bidder is a private company in which any director of Owner/EIL is a member or Director.

Confirmed No relation

21. Please confirm that you are not in Holiday/Negative List of BORL, BPCL and EIL.

Not Banned

22. 22.1 22.2

Please confirm you have uploaded the following in the E-Tendering Portal: UNPRICED OFFER- without any Deviations & ATC in Unpriced Folder PRICED FOLDER-Duly filled Price Schedule

Confirmed

Confirmed

23. Please confirm that you have quoted strictly for items based on your registration/approval with EIL as on date of issue of RFQ.

Confirmed

24. Any claim arising out of order shall be sent to Owner in writing with a copy to EIL within 3 months from the date of last despatch. In case the claim is received after 3 months, the same shall not be entertained by Consultant/ Owner.

Confirmed

25. Printed terms and conditions, if any, appearing in quotation, shall not be applicable in the event of order. In case of contradiction between the confirmations given above and terms & conditions mentioned elsewhere in the offer, the confirmation given/confirmed herein above shall prevail.

Confirmed

26. Confirm that Net worth of the bidder’ company is positive as per the immediate preceding year’s audited annual financial results and the Immediate preceding year’s audited annual financial results have been submitted along with unpriced bid.

Confirmed

27. Bidder to confirm the validity of Bid as per RFQ covering letter.

Confirmed

VENDOR’S NAME:

SIGNATURE & SEAL:

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ANNEXURE-A TO AGREED TERMS & CONDITIONS (FOR INDIAN BIDDERS)

BIDDER NAME:

OFFER NO.:

Bidder to furnish the below details & submit the same along with Unprice offer.

1. Despatch Point ----------------------------------

2. Freight charges Extra Upto Project Site (excluding Service Tax) (Bidder to indicate freight charges here only in case not quoted in Price Schedule)

Extra------------------------ %

3. Service tax on Freight charges Extra------------------------ %

4. Excise Duty on Freight charges (in case no option is selected, ED on freight shall be considered as Not Applicable)

Applicable

Not Applicable

5. CST/ VAT on Freight charges (in case no option is selected, ED on freight shall be considered as Not Applicable)

Applicable

Not Applicable

6. Excise Tariff Sub Heading No. ----------------------------------

7. Excise Duty Extra------------------------ %

8. Central Sales Tax against Form 'C'

Extra------------------------ %

9. MP VAT Extra------------------------ %

10. Service Tax on Site Work/Supervision/Training/AMC charges, if applicable Extra------------------------ %

Note: In case bidder doesn’t furnish any of above details, his offer shall be evaluated as per provisions of Bidding Document.

SIGNATURE & SEAL:

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REVAMP AND CAPACITY ENHANCEMENT PROJECT

OF M/s BHARAT OMAN REFINERIES LIMITED

INSTRUCTIONS TO BIDDERS (ITB)

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INDEX 1. SCOPE OF BID ......................................................................................................................... 1

2. ELIGIBLE BIDDERS ................................................................................................................. 1

3. MULTIPLE / ALTERNATIVE BIDS ........................................................................................... 1

4. COST OF BIDDING DOCUMENTS .......................................................................................... 2

5. SITE VISIT ................................................................................................................................. 2

6. CONTENTS OF BIDDING DOCUMENT ................................................................................... 2

7. CLARIFICATION ON BIDDING DOCUMENTS ........................................................................ 2

8. AMENDMENT OF BIDDING DOCUMENTS ............................................................................. 3

9. ZERO DEVIATION BIDDING .................................................................................................... 3

10. LANGUAGE OF BID ................................................................................................................. 3

11. DOCUMENTS COMPRISING THE BID .................................................................................... 3

12. BID PRICES .............................................................................................................................. 4

13. BID CURRENCY ....................................................................................................................... 6

14. BID VALIDITY ........................................................................................................................... 7

15. OFFER WITHOUT ANY DEVIATION........................................................................................ 7

16. AGENTS/CONSULTANTS/REPRESENTATIVES/RETAINERS/ASSOCIATES ..................... 7

17. SUBMISSION OF BIDS ............................................................................................................ 7

18. DEADLINE FOR SUBMISSION OF BID ................................................................................... 7

19. UNSOLICITED BIDS / BID SUBMISSION AT OTHER PLACE ............................................... 7

20. MODIFICATION AND WITHDRAWAL OF BIDS ...................................................................... 7

21. UNPRICED BID OPENING ....................................................................................................... 8

22. PROCESS TO BE CONFIDENTIAL ......................................................................................... 8

23. CONTACTING THE OWNER/ OWNER’S REPRESENTATIVE ............................................... 8

24. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS.......................... 8

25. PRICE SCHEDULE FORMAT ................................................................................................... 8

26. PRICE CHANGES / IMPLICATIONS AFTER OPENING OF TECHNICAL BIDS ................... 9

27. PRICE BID OPENING ............................................................................................................... 9

28. ARITHMETIC CORRECTIONS ................................................................................................. 9

29. CONVERSION TO SINGLE CURRENCY ................................................................................. 9

30. BID REJECTION CRITERIA ..................................................................................................... 9

31. COMMERCIAL LOADING CRITERIA FOR DEVIATIONS..................................................... 10

32. EVALUATION CRITERIA FOR COMPARISON OF BIDS ..................................................... 12

33. OTHER CRITICAL POINTS FOR EVALUATION OF OFFER ARE AS UNDER ................... 14

34. PRICE CHANGES / IMPLICATIONS AFTER OPENING OF PRICE BIDS ........................... 14

35. AWARD OF WORK ................................................................................................................. 15

36. QUANTITY VARIATION .......................................................................................................... 15

37. OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY BID ................................ 15

38. NOTIFICATION OF AWARD .................................................................................................. 15

39. FRAUDULENT PRACTICES .................................................................................................. 15

40. WAIVER OR TRANSFER OF THE AGREEMENT ................................................................. 16

41. CARTEL FORMATION ........................................................................................................... 16

42. ORDER OF PRECEDENCE .................................................................................................... 16

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A702-ITB- REV. 0 Page 1 of 16

GENERAL

1. SCOPE OF BID

1.1 EIL hereinafter “the consultant” on behalf of The Purchaser/Owner/Employer/BORL as defined in the General Purchase Conditions, hereinafter “the Owner” wishes to receive bids as described in the Bidding Documents herein after shall also mean RFQ Documents.

1.2 Scope of Bid: The scope of Bid shall be as defined in the Material Requisition (MR) issued as

part of included in RFQ/Bidding Document. 1.3 The successful bidder will be expected to complete the Scope of Bid within the period stated in

bidding document. 1.4 Throughout this Bidding Documents, the term “Bid” and “Tender” and their derivatives

(“Bidder/Tenderer”, “Bid/Tendered/Tender”, “Bidding/Tendering”, etc.) are synonymous, and day means calendar day. Singular shall also means plural and vice versa.

2. ELIGIBLE BIDDERS

2.1 Documents Establishing Bidder’s Qualification. 2.1.1 Pursuant to qualification criteria specified in RFQ/Bidding Document (if applicable), the bidder

shall furnish all necessary supporting documentary evidence to establish the Bidder claim of meeting qualification criteria.

2.1.2 The bidder shall furnish, as part of his bid, documents establishing the bidder’s eligibility to bid

and his qualifications to perform the contract if his bid is accepted. 2.1.3 The documentary evidence of the bidder’s qualifications to perform the contract if their bid are

accepted, shall establish to the Owner’s/Consultant’s satisfaction that, the bidder has the financial, technical and productions capacity necessary to perform the contract.

2.2 A bidder shall not be affiliated with a firm or entity: i) that has provided consulting services related to the work to the Owner during the preparatory

stages of the works or of the project of which the works form a part, or ii) that has been hired by the Owner as Engineer/Consultant for the contract.

2.3 The bidder shall not be under a declaration of ineligibility by the Owner for corrupt or fraudulent

practices as defined in ITB clause no. 39. 2.4 The bidder should not be on holiday/Blacklisted by BORL/BPCL/EIL on due date of submission

of bid. If the documents were issued inadvertently / downloaded from website, offers submitted by such bidders shall not be considered for opening / evaluation / award.

The above is without prejudice to the other rights of BORL.

3. MULTIPLE / ALTERNATIVE BIDS 3.1 A bidder (i.e., the bidding entity) shall, on no account submit more than one bid either directly

(as a single bidder or as a member of consortium) or indirectly (as a sub-contractor) failing which following actions shall be initiated:

i) All bids submitted by such bidder (say ‘A’) directly & indirectly, shall stand rejected and

EMD, if any, in case of direct bid submitted by bidder ‘A’ shall be forfeited.

ii) If another bidder (say ‘B’) has proposed bidder ‘A’ as a sub-contractor then bidder ‘B’’s bid shall also be rejected. However, in case the bidder ‘B’ has also proposed an alternative sub-contractor who is other than the bidder ‘A’, then bidder ‘B’’s bid shall be evaluated with the proposed alternative sub-contractor only. Hence, every bidder shall

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ensure in his own interest that his proposed sub-contractor is not submitting alternative/ multiple bids.

4. COST OF BIDDING DOCUMENTS

4.1 The bidder shall bear all costs associated with the preparation and submission of the bid, and

the Owner (BORL)/ Consultant (EIL), will in no case be responsible or liable for this cost, regardless of the conduct or outcome of the bidding process.

.

5. SITE VISIT

5.1 The Bharat Oman Refineries Limited is located at Bina, District Sagar, Madhya Pradesh. 5.2 The bidder is advised to visit and examine the site or / locations of warehouse and its

surroundings and obtain for itself, at its own responsibility, all the information that may be necessary for preparing the bid and entering into the Contract. The cost of visiting the site shall be at the bidder’s own expense.

5.3 The bidder or any of its personnel or agents will be granted permission by the Owner to enter

upon its premises and land for the purpose of such visits, but only upon the express condition that the bidder, its personnel, and agents will indemnify the Owner and its personnel and agents from and against all liabilities in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection.

5.4 Bidder may contact the following person at site for site visit purpose:

Mr. R Anand, Head (Projects and Engineering Services) Phone No: 07580-276311, Email: [email protected]

BIDDING DOCUMENTS

6. CONTENTS OF BIDDING DOCUMENT

6.1 The Bidding Document has been hosted on EIL websites http://tenders.eil.co.in and also in https://eprocure.gov.in/eprocure/app.

6.2 The bidder is expected to examine Bidding Document, bidding guidelines received from EIL or

available on EIL website, all instructions, formats, terms, specifications and drawings etc., enclosed in the Bidding Documents. The invitation for bid (bidding) together with all its attachment thereto, shall be considered to be read, understood and accepted by the bidder. Failure to furnish all information required by the Bidding Documents or submission of a bid not substantially responsive to the Bidding Documents in every respect will be at bidder’s risk and may result in the rejection of the Bid.

7. CLARIFICATION ON BIDDING DOCUMENTS

7.1 A prospective bidder requiring any information or clarification of the Bidding Documents, may notify the Consultant in writing by e-mail/post at Consultant’s mailing address indicated in the Bidding Document (Engineers India Limited, Tower-2, Ground Floor, EIL Complex, Sector-16, (Near 32nd Milestone on NH-8), Gurgaon- 122001 Haryana. Kind Attention: (Name mentioned in RFQ document) Asstt. General Manager (C&P), Ph. No. 0091 124 3802000). All question/ queries should be referred to EIL not later than 3 (three) days before scheduled date of pre-bid meeting and BORL/EIL reserves the right not to entertain any pre-bid query after cut-off date. Pre-bid meeting shall be attended by competent representative(s) of the bidder. Reply to Pre-Bid Queries shall be hosted on EIL Tender website http://tenders.eil.co.in.

7.2 Any modifications of the Bidding/RFQ Document, which may become necessary as a result of

pre-bid queries/pre-bid discussion, shall be intimated to all the bidders through issue of an Addendum/Amendment.

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http://tenders.eil.co.in/

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



8. AMENDMENT OF BIDDING DOCUMENTS

8.1 At any time prior to the deadline for submission of bids, the Owner/Consultant may, for any reason, whether on its own requirement or in response to a clarification requested by prospective bidders, modify the bidding documents by issuing addenda.

8.2 Any addendum thus issued shall be part of the bidding documents. Any revision, clarification,

addendum, corrigendum, time extension, etc. will be hosted only on the EIL’s website http://tenders.eil.co.in & https://eprocure.gov.in/eprocure/app. Bidders are requested to visit the website regularly to keep themselves updated. Bidders have to take into consideration of all the addendum(s) / corrigendum (s) / clarifications issued/ web hosted, before submitting the bid.

8.3 The Owner/Consultant may, at its discretion, extend the date of submission of Bids in order to

allow the bidders a reasonable time to furnish their most competitive bid taking into account the amendments issued.

PREPARATION OF BIDS

9. ZERO DEVIATION BIDDING

9.1 The enquiry is issued on “Zero Deviation Bidding” basis wherein no post bid correspondence

of any nature shall be entertained except for provision where loading is permitted as per provision of Bidding Document. Bidders in their own interest are advised to take part in the pre-bid meeting by deputing their competent personnel. This will help bidder not only to cut short of the evaluation time leading to requirement of shorter bid validity but also enable them to submit their best prices based on the clear techno-commercial scope.

9.2 For cases where Bidders are required to meet Bidder Qualification Criteria (BQC) for their qualification against Bidding/RFQ Documents, Bidders may carry their qualification documents, which they feel are meeting the BQC, for discussion with EIL officials during the pre-bid meeting. Meeting can be held separately with each bidder to discuss their confidential/qualification documents, if required. However, Bidder’s qualifications shall be based on qualification documents submitted in the Bid.

10. LANGUAGE OF BID

10.1 The Bid prepared by the bidder, all correspondence/drawings and documents relating to the bid exchanged by the bidder with the Owner/Consultant shall be in English Language only. In case any printed literature furnished by bidder may be written in another language so long as accompanied by an English translation, in which case, for the purpose of interpretation of the bid, the English translation shall govern.

10.2 In the event of submission of any document/ certificate by the Bidder in a language other than

English, the English translation of the same duly authenticated by Chamber of Commerce of Bidder’s country shall be submitted by the Bidder. Metric measurement system shall be applied.

11. DOCUMENTS COMPRISING THE BID No Physical Bids / Offers shall be permitted. The offers/bids submitted online through Central Public Procurement Portal (CPPP) of Government of India https://eprocure.gov.in/eprocure/app shall only be considered for evaluation and ordering. Bidders are required to upload the Bid/offer along with all supporting documents including Priced bid on the E-Tendering website (http://eprocure.gov.in/eprocure/app) only. However, bidder are required to submit the following documents in original as per the manner prescribed in the RFQ at the time of bid submission in sealed envelope titled “Original Documents for respective RFQ. No” and shall be send to Engineers India Limited, Tower-2, Ground Floor, EIL Complex, Sector-16, (Near 32nd Milestone on NH-8), Gurgaon- 122001 Haryana. Kind Attention: (Name mentioned in RFQ document) Asstt. General Manager (C&P) on or before the due date for submission of Bid. However,

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bidders are required to upload the scanned copies of all relevant documents on E-tendering website along with the e-bid. i) EMB/Bid Security as per clause no.11.1 below (if applicable). ii) Documentation against Bidder Qualification Criteria (Technical & Commercial), if

applicable Bidder shall ensure to submit above document as applicable on or before Bid Due Date.

11.1 Earnest Money Deposit (EMD):

Bidder shall furnish, as part of its Bid, EMD for an amount as indicated in the Notice Inviting Bid (NIB). If the Bidder is unable to submit EMD in original within the due date & time, then bidder shall submit the original EMD within 7 days from the date of unpriced bid opening, provided copy of the same have been uploaded on E-Tendering Website. In case the bidder fails to submit the same in original within 7 days, then their bid shall be rejected, irrespective of their status/ ranking in tender and notwithstanding the fact that a copy of EMD was earlier uploaded by the bidder. OWNER shall not pay any interest on EMD furnished. EMD shall be submitted in form of Crossed Demand Draft in favour of M/s BHARAT OMAN REFINERIES LIMITED payable at Bina, Dist Sagar, Madhya Pradesh, India or Bank Guarantee in the Pro-forma prescribed in Bidding Document from any Indian scheduled bank; or from any Indian branch of an international bank. The bank guarantee furnished towards EMD shall be valid for a period of 2 (Two) months beyond the validity of Bid. EMD of unsuccessful bidders will be returned upon award of Contract. However, EMD of the successful Bidder will be returned upon the Bidder's executing the Contract, and furnishing the Performance Bank Guarantee (PBG). The EMD may be forfeited:

if a bidder withdraws its bid during the period of bid validity, or any extension thereto provided by the bidder; or

submits multiple bids/alternative bids in accordance with Clause 3.0 of ITB; or

on his own modifies his bid during the period of bid validity; or

If the Information/ documents forming basis of evaluation submitted by the bidder in the bid is found to be false/ forged in accordance with relevant provisions provided in Bidding Document.

if the successful bidder fails, within specified period to:

i) submit the order acceptance; and/or ii) furnish Performance Bank Guarantee iii) to accept arithmetical corrections pursuant to Clause 28.0 of ITB.

12. BID PRICES

12.1 Prices shall be furnished strictly in the appropriate Price Schedule format(s) enclosed with the Bidding Document. Quoted prices shall be net of discount, if any. Conditional discounts, if offered by a bidder, shall not be considered for evaluation.

12.2 Price quoted by the bidder, shall remain firm & fixed until completion of the contract and will not

be subject to any variation, except statutory variation in taxes, duties & levies pursuant to relevant provisions in Special Purchase Conditions. Domestic Bidder’s prices shall be firm and fixed on account of foreign exchange variation, in case their offer involves any built-in import content.

12.3 The bidder shall quote the prices after careful analysis of cost involved for the performance of

complete work considering all parts of the Bidding Documents. In case, any activity though specifically not covered but is required to complete the work as per scope of work, scope of

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supply, specifications, standards, drawings, GPC, SPC or any other part of Bidding Document, the prices quoted shall deemed to be inclusive of cost incurred for such activity.

12.4 Domestic bidder shall consider merit rate of customs duty for their import content. Bidder shall

ascertain the applicable merit rate of customs duty and shall be solely responsible towards applicability and correctness of such rates. The evaluation and ordering shall be carried out based on the merit rate of customs duty considered by the bidder. The bidder(s) must indicate quantity, CIF value & rate of customs duty considered in the Price Schedule. Variation in price due to customs duty rate will be dealt with separately after receipt of materials at site against documentary evidence.

If bidder has considered customs duty for import contents other than the merit rate of customs

duty in their offer, then statutory variation on the customs duty will be payable extra on the merit rate of custom duty or the rate of custom duty considered by the bidder, whichever is lower.

12.5 Bidder to note and consider the following:

a) Owner shall issue Form ‘C’ against the inter-state purchases of goods sold to BORL, wherever applicable. However, in case of LSTK Packages, the Form ‘C’ shall be provided for finished goods directly sold by the Contractor to the Owner and not for the goods supplied by the way of sale in transit.

b) BORL will issue road permit for materials only for the cases wherever BORL shall provide the FORM ‘C” pursuant to sl. no. a) above.

12.6 Indian Bidders shall indicate the following in their offer: 12.6.1 FOT despatch point price of item including packing & forwarding, (such price to include

fabrication /manufacturing of item, all costs as well as duties and taxes paid or payable on components and raw materials incorporated or to be incorporated in the goods, inspection testing etc.) but excluding applicable taxes and duties on finished goods.

12.6.2 Excise Duty and CST and/or MPVAT which will be payable extra on the finished goods. 12.6.3 Item wise/Lumpsum Transportation Charges (as per Price Schedule) upto respective project

site exclusive of Service Tax.If a supplier does not quote freight charges, his offer shall be loaded with maximum of the freight charges as quoted by the other bidders.

12.6.4 Site work prices, if applicable as per MR for the scope of work mentioned in MR / Bidding

Documents, exclusive of Service Tax & inclusive of Work Contract Tax. All necessary registrations, if required for carrying out the site activities shall be done by the bidder and cost towards the same shall be included in quoted site work prices.

12.6.5 Per-diem Supervision Charges (if applicable as per MR) exclusive of Service tax. 12.6.6 Prices for Training /AMC (if applicable as per MR) exclusive of Service Tax. 12.6.7 Service Tax payable extra on services i.e. Inland Transportation/ Supervision/ Site Work/

Training/ AMC, as applicable. 12.6.8 Bidder shall indicate the following separately. 12.6.9 CIF value of import for raw material and components incorporated or to be incorporated in the

goods and included in quoted price. The bidder shall provide description of such material, quantity, rate, value etc.

12.6.10 Merit rate of customs duties (rate) considered on above CIF value of import for raw material

and components and included in the quoted prices. 12.6.11 If bidder does not furnish built-in CIF value and confirms that quoted prices are firm and fixed,

in that case bidder will not be entitled to claim any variation in the customs duties even if bidder has quoted their prices considering customs duties.

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12.7 Foreign Bidders shall indicate the following in their offer:

12.7.1 Bidders shall submit their prices on FOB –International Seaport of Exit basis and also quote for Ocean Freight charges upto the port of entry- JNPT, Nhava Sheva, India in the price schedule.

12.7.2 The request for separate FOB Price and Ocean Freight is merely to facilitate the comparison of

bids and will not in any way limit Owner's right to order on different terms. 12.7.3 In case of award, initially the purchase order (PO) shall be placed on FOB basis and Owner

reserves the right to convert the same to CFR basis within 45 days, from the date of placement of order based on shipping details of consignment (complete in all respect) indicated in the bid. Therefore, the quoted Ocean Freight Charges should be valid for additional 45 days from the date of Order. In case bidder is unable to provide the complete shipping/consignment details in his bid, these 45 days shall be considered from the date of receipt of all required shipping details of consignment for converting order from FOB to CFR.

12.7.4 The seller shall not be allowed to change port of shipment after quoting unless the bidder

absorbs any additional cost on account of change. 12.7.5 FOB Prices quoted shall be inclusive of all applicable taxes, packing & forwarding third party

inspection charges etc. applicable upto FOB – International Port of Exit. 12.7.6 Site work Prices, if applicable as per MR for the scope of work mentioned in MR / Bidding

Documents exclusive of Service Tax & inclusive of Work Contract Tax. All necessary registration, if required for carrying out the site activities shall be done by the bidder and cost towards the same shall be included in quoted site work prices.

12.7.7 Per-diem Supervision Charges (if applicable as per MR) exclusive of Service Tax. 12.7.8 Prices for Training /AMC (if applicable as per MR) exclusive of Service Tax. 12.7.9 Service Tax payable extra on services i.e. Inland Transportation/ Supervision/ Site Work/

Training/ AMC, as applicable. 12.7.10 In case any of the foreign bidder’s receipt against the order is subject to tax deduction at source

in India, the Bidder has the option to quote prices either gross of Indian income tax or net of Indian income tax and bidder shall furnish all requisite information stipulated elsewhere in the SPC. Applicable rate of withholding tax shall be indicated in the offer wherever a Bidder opts to quote price gross of Indian income tax.

12.7.11 Concessional rate of Custom Duty:

12.7.11.1 The bidder must ascertain and confirm along with supporting documents in the bid, if any Customs Duty exemption / waiver is applicable to the products being supplied by him under any multi-lateral / bi-lateral trade agreement between India and bidder's country.

12.7.11.2 The bidder shall be liable to provide all documentation to ensure availment of the exemption / waiver. In case the bidder defaults on this due to any reason, whatsoever, he shall be liable to bear the incremental Customs Duty applicable, if any.

12.7.11.3 Any Customs Duty applicability on account of any change in the bi-lateral / multi-lateral agreement shall be to bidder's account.

12.7.11.4 Documentation to be furnished for availing the exemption / waiver of Customs Duty shall be specifically listed in the Letter of Credit also as the pre-requisite for release of payment against shipping documents and this documentation shall necessarily form a part of shipping documents.

13. BID CURRENCY

13.1 Bidding currency shall be Indian Rupees for Indian bidders and US Dollars / Euros / GBP/ Japanese Yen/ Indian Rupees for foreign bidders.

13.2 A bidder expecting to incur a portion of his expenditure in the performance of Order in more than one currency (limited to maximum two currencies) (In case foreign bidder supply some minor components of supply from their Indian subsidiary/Branch Office) and wishing to be paid

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accordingly shall indicate the same in the bid. In such a case, the bid shall be expressed in different currencies with the respective amounts in each currency together making up the total price.

13.3 Currency once quoted will not be allowed to be changed. Owner/EIL shall not be compensating for any exchange rate fluctuation.

14. BID VALIDITY

14.1 The bid shall remain valid for acceptance for period mentioned in RFQ Document from the final bid due date. Owner/EIL shall reject a bid valid for a shorter period being non-responsive.

14.2 In exceptional circumstances, prior to expiry of the original bid validity period, the Owner/EIL

may request the Bidder to extend the period of validity for a specified additional period. The requests and the responses thereto shall be made in writing (by post/e-mail).

15. OFFER WITHOUT ANY DEVIATION

Owner/EIL will appreciate submission of offer based on the terms and conditions in the enclosed SPC, GPC, ITB, Scope of Work, and Technical Specification etc. to avoid wastage of time and money in seeking clarifications on technical/ commercial aspect of the offer. Bids having any deviation to the RFQ Terms & Conditions shall lead to rejection of offer, except deviations for which loading is defined in Clause No. 31 below.

16. AGENTS/CONSULTANTS/REPRESENTATIVES/RETAINERS/ASSOCIATES

As far as possible, sourcing shall be done from manufacturers. However, if manufacturers confirm that its authorised agent/distributor can submit the bid on their behalf, the same shall be permitted through such authorised agent/distributors.

17. SUBMISSION OF BIDS

No Physical bids / offers shall be permitted. The offers submitted through Central Public Procurement Portal (CPPP) of Government of India shall only be considered for evaluation & ordering. Bidders are required to upload the bid along with all supporting documents including priced bid on the e-tendering website (http://eprocure.gov.in/eprocure/app) only.

18. DEADLINE FOR SUBMISSION OF BID

18.1 The E-Bids must be submitted on or before the last date and time mentioned in the RFQ. 18.2 The Owner / EIL may, in exceptional circumstances and at its discretion, on giving reasonable

notice to all prospective bidders who have downloaded the bid document extend the deadline for the submission of e-bids in which case all rights and obligations of the Owner /EIL and bidders, previously subject to the original deadline will thereafter be subject to deadline as extended.

19. UNSOLICITED BIDS / BID SUBMISSION AT OTHER PLACE

19.1 Unsolicited bids or bids being submitted to place other than one specifically stipulated in the bid documents will not be considered for opening / evaluation / award.

20. MODIFICATION AND WITHDRAWAL OF BIDS

20.1 The Bidder may modify or withdraw its Bid after the Bid’s submission but prior to the due date prescribed for submission of Bids.

20.2 No bid shall be modified subsequent to the deadline for submission of bids. 20.3 No bid shall be allowed to be withdrawn in the interval between the deadline for submission of

bids and the expiration of the period of bid validity specified by the bidder. Withdrawal of a bid during this interval shall result in the forfeiture of bidder's EMD/Bid security.

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20.4 There are two specific features in CPPP viz, “Withdraw” and “Re-Submission”. Bidders should not use the feature “withdraw” unless they have decided to withdraw their bids. It is to be noted that once “withdraw” feature is used they will not be allowed to re-submit their bid against this RFQ. In case a Bidder desires to change his bid for any reason before bid due date, Bidder shall use “Re-Submission” feature.

21. UNPRICED BID OPENING

21.1 The un-priced Bids shall be opened online through e-tender portal, at the specified date and

time given in the RFQ Document or extended otherwise. Bid opening shall not be held in presence of Bidders. The Bidders who have submitted their Bid will be able to view online the name & status of all the Bidders remotely at their end, after un-priced Bid opening by EIL/Owner.

E-BID OPENING AND EVALUATION

22. PROCESS TO BE CONFIDENTIAL

22.1 Information relating to the examination, clarifications, evaluation and comparison of bids, and

recommendations for the award of Order shall not be disclosed to bidders or any other person officially concerned with such process.

23. CONTACTING THE OWNER/ OWNER’s REPRESENTATIVE

23.1 From the time of the bid opening to the time of the award, if any Bidder wishes to contact the Owner for any matter relating to the bid, it should done in writing.

23.2 Any effort by a Bidder to influence the Owner/EIL in any manner in respect of bid evaluation or

award will result in the rejection of that bid.

24. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS

24.1 The Owner/EIL will examine the bids to determine whether they are complete, whether any computational errors have been made, whether the documents have been properly signed, and whether the bids are generally in order.

24.2 Prior to the detailed evaluation, the Owner/EIL will determine whether each bid is of acceptable

quality, is generally complete and is responsive to the RFQ Documents. For the purposes of this determination, a responsive bid is one that conforms to all the terms, conditions and specifications of the RFQ Documents without deviations, objections, conditionality or reservations.

24.3 Bidder shall not be allowed to submit any Price Implication or Revised Price after submission of

Bid, unless there is change in the stipulations of the RFQ Document and such changes are incorporated through an Amendment. Bidders would be required to withdraw such Exceptions/Deviations in favour of stipulations of the RFQ Document and Bidders would not be eligible for submission of Price Implication/Revised Price, failing which such Bid(s) shall be considered as non responsive and rejected.

24.4 The Owner/EIL determination of a bid’s responsiveness is to be based on the contents of the

bid itself without recourse to extrinsic evidence. If a bid is not responsive, it will be rejected by the Owner/EIL, and may not subsequently be made responsive by the bidder by correction of the nonconformity.

25. PRICE SCHEDULE FORMAT

25.1 Bidders are required to quote firm prices as per the Price Schedule format prescribed for

submitting prices and show all taxes, duties and levies, cess etc. separately.

25.2 In case bidder intend not to quote for certain item/tags/groups as applicable, then the bidder shall mention "Not Quoted (NQ)" in respective cells of price schedule. Wherever cell is found

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blank in the price schedule, then it shall be treated as "Not Quoted (NQ)" and evaluation of bids shall be carried out accordingly.

26. PRICE CHANGES / IMPLICATIONS AFTER OPENING OF TECHNICAL BIDS

26.1 In the event of any suo-moto increase in price sought by a Bidder subsequent to the bid due date and which is not as a result of any change in scope of supply or terms and conditions, the bid of such Bidder shall be rejected.

26.2 In the event of any suo-moto decrease in price sought by a Bidder subsequent to the bid due

date and which is not as a result of any change in scope of supply or terms and conditions, the reduction in price shall not be considered for evaluation, however, the same shall be considered for ordering in case the Bidder happens to be lowest.

27. PRICE BID OPENING

27.1 The Owner/EIL shall publish the time and date for price bid opening to all such bidders who qualify pursuant to bid evaluation in e-tendering system. Opening of price bids shall not be held in presence of Bidders. Bidders can witness Priced bid opening remotely at their end.

28. ARITHMETIC CORRECTIONS

If there is correction/wrong entry or a difference between the values entered in figures and in words, the following procedure shall be adopted for evaluation:

i) When there is a difference between the rate in figures and in words for an item, the rate

which corresponds to the amount worked out by the Bidder for the item based on the notional quantity specified, shall be taken as correct.

ii) When the rate quoted by the Bidder in figures and words tallies but the amount is incorrect, the rate quoted by the Bidder shall be taken as correct.

iii) When it is not possible to ascertain the correct rate as detailed above, the rate quoted for the item in words shall be adopted as the quoted rate.

iv) If the total amount written against an item does not correspond to the rate written in figures and if the rate in words is not written by the bidder, then the higher of the rates, i.e. higher of the rate worked out by dividing the amount by the notional quantity and the rate quoted shall be considered for evaluation. In the event that such a bid is determined as the lowest bid, the lower of the rates shall be considered for ordering.

v) Any uncalled for lump sum/ percentage or adhoc reduction/ increase in prices, offered by the Bidders after opening of the prices, shall not be considered. However, if reduction is from the recommended Bidder, such reduction shall be taken into account for arriving at the contract value.

vi) If prices etc. are not filled up in the PRICED BID and are not as per the requirements of the Bidding Document, the same shall be omitted from evaluation.

29. CONVERSION TO SINGLE CURRENCY

Foreign vendors’ bids shall be compared on equivalent Indian Rupees basis considering Bill Selling rate of foreign exchange published by State Bank of India on the day of opening of the Price Bids. In case the exchange rate is not published on the day of opening of the price bids then latest published rate prior to the date of Price Bid Opening shall be considered.

30. BID REJECTION CRITERIA

The bidders shall adhere to the following provisions of the Bidding Document without taking any deviations, failing which the Bid shall be considered to be non-responsive and may be rejected.

i) Bid Validity.

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ii) Delivery schedule/Time schedule. iii) Arbitration. iv) Termination and suspension. v) Force Majeure. vi) EMD/ Bid Security (if applicable). vii) Scope of Work / scope of Supply. viii) Deviation to terms & conditions, presumptions etc. in Price Bid ix) Defects liability period/ Guarantee Period. x) Bids with Price Variation Clause (PVC) without variation formula and ceiling. xi) Advance payment xii) Any other rejection point specified elsewhere in the RFQ Documents.

31. COMMERCIAL LOADING CRITERIA FOR DEVIATIONS Bidders are requested to submit the offer in line with terms and conditions of RFQ documents.

Any deviation to RFQ terms & conditions shall lead to bidder’s offer liable for rejection except for the deviations for which provision of commercial loading have been specified as given below:

31.1 Basis of Loading The Foreign Bids shall be loaded on FOB Port of Exit prices and the Indian/Domestic

Bids shall be loaded on FOT Despatch Point prices.

31.2 Payment Terms

a) Any differential payment terms offered by an Indian supplier as against the terms specified in the RFQ/ GPC shall be loaded at 15% (simple interest) per annum for the applicable period as under:

Against dispatch document (in case Indian Bidder) - 1 Month

Drawing approval - 80% of the delivery period

Sub-ordering of major raw materials - 75% of the delivery period

Receipt and identification of raw material - 50% of the delivery period

at vendor’s works

Period of any other stage shall be suitably decided at the time of evaluation.

b) Advance along with LOA/ PO will not be allowed. If a supplier insists for advance payment along with LOA/PO, his offer shall be rejected.

c) Without prejudice to Sl. No. 31.2 (a) above, last milestone payment of 10% for supply shall be made only after completion of respective obligation i.e. receipt of all materials at site , wherever applicable.

31.3 Performance Bank Guarantee (PBG)

i) Performance Bank Guarantee shall be required in all cases of supplies of all

values. In case a supplier offers to give a PBG for less than 10% of order value, or for a lesser period than what is provided in GPC, loading shall be done for the differential amount and/ or the differential period. For differential period/ amount loading, the following example will amplify the methodology (if GPC specifies 10% PBG for 18 months + 3 months claim period = Total 21 months):

For differential period Period offered by Bidder Loading 10% for 21 months - No loading 10% for 18 months - 10% x 3/21 = 1.43% 10% for 12 months - 10% x 9/21 = 4.29% 10% for 6 months - 10% x 15/21 = 7.14%

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For differential Amount Other than 10%: To be loaded by percentage by which PBG is short of 10%.

ii) In case, bidder does not agree to submit the PBG, 10% payment shall be

deducted and withheld till the guarantee period.

iii) In case, bidder does not agree to submit the PBG or agree for deduction as per 31.3. ii) above, the offer shall be liable for rejection.

31.4 Delayed Deliveries

a) In case a Supplier does not accept the delayed delivery clause and/or takes any deviation (indicates penalty clause/Liquidated Damages in place of Price Reduction Clause) or takes exception to the percentage rate mentioned in GPC, the offer of such supplier(s) shall be loaded as under:

0.5% UDOV to 5%TOV : No loading

0.5% UDOV to less than 5% TOV : Differential between the offered % and 5%

0.5% UDOV to 5% UDOV : 5%

Any other deviation/Liquidated : 5% Damages /penalty or non acceptance of price reduction schedule

b) Without any prejudice to sl. no. 31.4 a) above, deviation to clause no. 20.3.2 of GPC is not acceptable and in a case bidder takes any deviation to same; offer shall be liable for rejection.

31.5 Price variation

Suppliers must quote firm & fixed prices unless price variation is specified in the RFQ.

Where price variation is permitted as per RFQ, the loading there to shall be as follows:

31.6 Indian Freight charges

i) Indian Suppliers shall be asked to quote firm freight charges upto destination by road transport for all cases.

ii) If a supplier does not quote freight charges, his offer shall be loaded with maximum freight charges as quoted by the other bidders.

31.7 Indian taxes / duties

In case a supplier states that taxes/duties are not applicable at present and will be charged as applicable at the time of delivery, then his bid shall be loaded by the maximum rate of taxes/duties applicable.

a) Firm Price No loading

b) In case of Price Variation formula with ceiling

Loading by ceiling percentage offered

c) No ceiling on the formula specified 1.5 times the maximum ceiling specified by other Suppliers. In case all other Suppliers have quoted firm prices then @1.25% for every month of quoted delivery period to be taken as ceiling.

d) No formula and no ceiling specified by Supplier

Offer may be rejected.

Note: in case of ‘d’, offer shall be rejected if two other technically acceptable offers are available otherwise loading shall be done as per ‘c’.

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32. EVALUATION CRITERIA FOR COMPARISON OF BIDS 32.1 Where only Indian Bids are under comparison

Bids shall be evaluated on the basis of net effective price i.e. landed cost at

Site including third party inspection charges (if applicable) by Third Party Inspection Agency as nominated by BORL minus CENVAT / Input Tax Credit

benefit available to BORL.

Commercial loading shall be done on FOT dispatch Point price.

If a supplier does not quote freight charges, his offer shall be loaded with maximum freight charges as quoted by the other bidders.

Taxes/Duties

The taxes & duties will be cost loaded as applicable. However, if a Bidder states that the sales tax/Excise Duty is not applicable at present or quotes lesser percentage and will be charged as applicable at the time of delivery, then such Bidder’s price will be loaded by the highest rate as indicated by the remaining Bidders.

32.2 Where only Foreign Bids are under comparison

Bids shall be evaluated on CFR basis including third party inspection charges in the country of origin and ocean freight as quoted by the bidder.

Commercial loading shall be done on FOB price.

In case of pipes wherever the Bidder has not included stowage charges, the FOB price shall be loaded @ 10% of the Bidder’s quoted ocean freight.

If a Bidder does not quote ocean freight charges, his offer shall be loaded with maximum ocean freight charges as quoted by the other Bidders.

Comparison shall be done on equivalent Indian Rupees basis considering Bill selling exchange rate of foreign currency published by The State Bank of India on the day of opening of price bid opening. In case the exchange rate is not published on the day of opening of the price bids then latest published rate prior to the date of Price Bid Opening shall be considered.

32.3 Where Indian as well as Foreign Bids are under comparison

32.3.1 Indian/Domestic Bidders Bids shall be evaluated on the basis of net effective price i.e. landed cost at

Site including third party inspection charges (if applicable) by third party inspection agency as nominated by BORL minus of CENVAT / Input Tax Credit benefit available to BORL. Further, wherever Indian Bidders are subject to EIL inspection instead of third party inspection charges, notional inspection charges @1.25% of FOT Despatch point price for EIL inspection shall be considered.

Taxes/Duties

The taxes & duties will be cost loaded as applicable. However, if a Bidder states that the sales tax/Excise Duty is not applicable at present or quotes lesser percentage and will be charged as applicable at the time of delivery, then such Bidder’s price will be loaded by the highest rate as indicated by the remaining Bidders.

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32.3.2 Foreign Bidders

Bids shall be evaluated on the basis of landed cost at Site including the charges of inspection by third party inspection agency, all duties, taxes and transportation charges as under less Cenvatable CVD and Cenvatable AID/SAD, Cenvatable service tax (if applicable):

Sr. No.

Head Basis

1. F.O.B. Price As quoted by the bidder (including stowage charges in case of pipes*) and Third Party Inspection Charges

* Stowage charges, if not included in the quoted FOB Price, the same shall be loaded @ 10% ocean of freight quoted by the bidder.

2. Add Ocean freight: Firm freight as quoted by bidders

3. Add Marine insurance @1% of FOB price

4. Add Customs Duty Prevailing merit rate on (CIF value plus Landing Charges @ 1% of CIF Value)

5. Add Port handling charges

@ 2% of CIF value.

6. Add Inland freight charges from Port of Entry in India to project site(s)

1% of total cost, i.e., S. No. 1 to 5 above

7. Add Entry Tax Based on prevailing rate as applicable on landed

cost at site i.e., S. No. 1 to 6 above

8. Add L/c Charges @ 1% of FOB Price

9. Commercial Loadings, If any.

On FOB value

10. Less Cenvatable Duties

11. FOT SITE PRICE Sum (1 to 9) - less (10)

Further, wherever offer of Foreign Bidders includes supplies sourced within India, such supplies shall subject to EIL inspection (if required as MR), instead of third party charges. In that case notional inspection charges for EIL inspection @1.25% of FOT Despatch point price quoted by Bidder for Indigenous supplies shall be considered. In such case Indian Taxes & Duties shall also be cost loaded as applicable.

32.4 Cost of Mandatory/Insurance spares if identified in the Material Requisition,

commissioning spares and special tools and tackles will be included for price evaluation of bids, but costs of Spares for two years normal operation and maintenance shall be excluded.

32.5 Cost of loading towards Technical Parameters (Utilities etc.) wherever applicable shall

be considered for evaluation.

32.6 CENVAT / Input Tax Credit benefit available to BORL shall be considered for evaluation and comparison of bids in respect of Excise Duty, MP VAT, CVD, AID/SAD and Service tax.

32.7 Wherever site works, AMC, training etc. are required as per MR/RFQ; the same shall

be considered for evaluation.

32.8 In case a Foreign Bidder opts for ‘net of income tax (payable in India)’ contract, then the income tax (payable in India) based on prevailing rate shall be loaded on such costs/prices that are subject to income tax in India (as per Indian Income Tax Rules).

32.9 Spares

As per the evaluation criteria mentioned in SPC / ITB/MR on case to case basis.

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32.10 Other Conditions Related To The Bid Evaluation

i. Offer evaluation and ordering shall be on lowest bottom line group price basis in case of Group MR or on in individual item wise lowest basis as mentioned in Price schedule / Material Requisition.

ii. Wherever requirement of supervision of erection/testing/commissioning has been specified in MR on per diem rate basis, the same shall be considered for evaluation for no. of mandays specified elsewhere in RFQ document.

iii. Bid should be complete covering the individual item wise scope of supply indicated in the Bid documents.

iv. OWNER reserves the right to split the quantities / items of the PO as required among the bidders.

v. OWNER also reserves the right to consolidate the quantities of PO where it is commercially prudent to place single order. In the case of shifting of order as above , the following shall govern:

a) In order to avoid splitting of order on number of bidders, particularly when order value is small, shifting shall be resorted to so that time and effort on ordering, expediting, inspection etc. is saved in dealing with extra suppliers. For the purpose of shifting, cost of order management per order is considered as Rs. 1,00,000/-.

b) Based on lowest evaluated item wise prices the shifting shall be carried out

provided the following conditions are met:

Shifting shall be done only if shifting cost of each order is upto Rs.1,00,000/.

Shifting shall not be resorted to if the value of the order is more than 25% of the total order value of the recommendation. However, this ceiling will not be applicable where total order value of recommendation is upto Rs. 4.0 Lakh.

In case the order value on L1 bidder is more than Rs 2,00,000/- then shifting shall not be resorted.

With above shifting the selected bidder for award will be deemed to be L1 bidder.

33. OTHER CRITICAL POINTS FOR EVALUATION OF OFFER ARE AS UNDER

The prices quoted in the price bid is to be considered for evaluation and no cognizance will be given to the supplementary/supporting document attached to the price bid, break-up of prices, etc.

34. PRICE CHANGES / IMPLICATIONS AFTER OPENING OF PRICE BIDS

34.1 After opening of price bid, if the party increases the price, though within the validity period and even though the offer remains lowest, the bid shall be rejected. Such bidders shall be debarred for future enquiries for such action of bidders as a penal measure.

34.2 Suo-moto Price reduction after price bid opening are to be ignored for evaluation. However, if

the same party happens to be the lowest based on original price bids, the benefit of such reduction may be availed of.

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AWARD OF CONTRACT

35. AWARD OF WORK

The Owner will award the order to the successful bidder (s) whose bid has been determined to be substantially responsive, and/or have been determined as a lowest bid on least cost basis to Owner and is determined to be qualified to satisfactorily perform the Order.

36. QUANTITY VARIATION

36.1 The Owner/EIL reserves the right to vary the quantity of goods as specified in MR, at the time of award without any change in quoted unit price or other terms and conditions.

36.2 Owner/EIL reserves the right to delete the requirement of any one or more items of MR without

assigning any reason.

37. OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY BID

The Owner/EIL reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to award of the order without thereby incurring any liability to the affected bidder or bidders or any obligations to inform the affected bidder or bidders of the ground for Owner/EIL’s action.

38. NOTIFICATION OF AWARD

38.1 Prior to the expiration of period of bid validity Owner will notify the successful bidder in writing by fax/e-mail to be confirmed in writing, that his bid has been accepted. The notification of award / Letter of Acceptance will constitute the formation of the Order.

38.2 The Delivery Schedule shall commence from the date of notification of award / Letter of

Acceptance (LOA). 38.3 Award of Contract/Order will be by way of issuing a Letter of Acceptance (LOA). LOA will

contain price, delivery and other salient terms of bid and RFQ Document. Bidder will be required to confirm receipt of the same by returning “Copy of the LOA” duly

signed and stamped by the bidder as a token of acknowledgement to Owner and EIL. On receipt of acknowledgement without any deviation / condition, detail Purchase Order / Contract will be issued. Copy of the same without any condition / deviation will be returned duly signed and stamped by the bidder as a token of acknowledgement to Owner and EIL.

39. FRAUDULENT PRACTICES

39.1 The OWNER requires that Bidder/Vendor/ Contractor observe the highest standard of ethics during the award/execution of Contract. “Fraudulent Practice” means a misrepresentation of facts in order to influence the award of a Contract to the detriment of the OWNER, and includes collusive practice among bidders ( prior to or after bid submission ) designed to establish bid prices at artificial non-competitive levels and to deprive the OWNER of the benefits of free and open competition.

39.2 The OWNER will reject a bid for award if it determines that the bidder recommended for award

has engaged in fraudulent practices in competing for the Contract in question. 39.3 Bidder is required to furnish the complete and correct information/ documents required for

evaluation of their bids, if the information/ documents forming basis of evaluation is found to be false/ forged, the same shall be considered adequate ground for rejection of bids and forfeiture of earnest money deposit

. 39.4 In case, the information/ document furnished by the Bidder/vendor/Contractor forming basis of

evaluation of his bid is found to be false/ forged after the award of the contract, OWNER shall have full right to terminate the contract and get the remaining job executed at the risk & cost of

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such Bidder/Vendor/ Contractor without any prejudice to other rights available to OWNER under the contract such as forfeiture of CPBG/Security Deposit, withholding of payment etc.

39.5 In case, this issue of submission of false document comes to the notice after execution of work,

OWNER shall have full right to forfeit any amount due to the Bidder/Vendor/Contractor along with forfeiture of CPBG/Security Deposit furnished by the Bidder/Vendor/Contractor.

39.6 Further, such Bidder/Vendor/ Contractor shall be put on Blacklist /Holiday/ Negative List of

OWNER debarring them from future business with OWNER and EIL for a time period, as per the prevailing policy of OWNER and EIL.

40. WAIVER OR TRANSFER OF THE AGREEMENT

The successful bidder shall not waive the Agreement or transfer it to third parties, whether in part or in whole, nor waive any interest that is included in the Agreement without the prior written permission of the Owner.

41. CARTEL FORMATION

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

42. ORDER OF PRECEDENCE The Articles contained in this Section shall supplement to the Special Conditions of Contract and General Conditions of Contracts – Goods. Where any portion of Special Conditions of Contracts and General Conditions of Contract – Goods is repugnant or at variance with any provisions of Instructions to Bidders. Instructions to Bidders shall be deemed to over-ride the provision(s) of Special Conditions of Contract and General Conditions of Contract-Goods only to the extent that such repugnancies of variations in Instructions to Bidders are not possible of being reconciled with the provisions of Special Conditions of Contract and General Conditions of Contract – Goods. Order of Precedence shall be as under:

a) RFQ Cover Letter including Price Schedule along with Annexures b) Agreed Terms & Conditions (ATC). c) Instructions to Bidders (ITB). d) Special Purchase Conditions (SPC) / Special Conditions of Contract (SCC). e) General Purchase Conditions (GPC) /General Condition of Contract (GCC)

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A702-SPC-REV 0 Page 1 of 12

REVAMP AND CAPACITY ENHANCEMENT PROJECT

OF M/s BHARAT OMAN REFINERIES LIMITED

SPECIAL PURCHASE CONDITIONS (SPC)

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INDEX

1. DEFINITIONS AND INTERPRETATIONS

2. SUPPLIER’S SCOPE

3. DELIVERY SCHEDULE / COMPLETION PERIOD

4. DISPATCH INSTRUCTION

5. PACKING, MARKING AND SHIPMENT

6. INSURANCE

7. INSPECTION

8. INDEPENDENT SUPPLIER

9. TAXES & DUTIES

10. TRANSFER OF PROPERTY FROM THE SELLER TO THE PURCHASER

11. REJECTION OF MATERIAL 12. CHANGES 13. LIMITATION OF LIABILITY

14. PURCHASER’S RIGHTS AND REMEDIES

15. PERFORMANCE BANK GUARANTEE

16. PAYMENT TERMS

17. DEDUCTION OF SOURCE

18. PAYING AUTHORITY

19. ORIGIN OF GOODS

20. QUALITY ASSURANCE / QUALITY CONTROL

21. STATUTORY APPROVALS

22. CONTROL REGUALTIONS

23. PRICE REDUCTION SCHEDULE (PRS)

24. LIEN

25. SETTLEMENT OF DISPUTE BETWEEN GOVT. DEPT./ PUBLIC SECTOR UNDERTAKINGS

26. ORDERING

27. POST ORDER CORRESPONDENCE

ANNEXURES 1. ANNEXURE-A & B: INFORMATION TO BE FURNISHED BY FOREIGN

SUPPLIERS/ CONTRACTORS / CONSULTANTS

2. ANNEXURE-C : PAYMENT TERMS

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SPECIAL PURCHASE CONDITIONS (SPC)

1. DEFINITIONS AND INTERPRETATIONS

1.1. In addition to meaning ascribed to certain capitalised terms in “General Purchase Conditions (GPC)”, following initial capitalised terms shall have the meaning as ascribed to such term hereunder. In case any term defined hereunder is also defined in “GPC”, the meaning ascribed to such term hereunder shall prevail:

1.1.1. Definitions

CLIENT: Client shall mean Owner of the Project i.e. Bharat Oman Refineries Limited (BORL).

CONSULTANT: Consultant means the consulting engineers Nominated/appointed by the Owner for this Project/Job i.e. Engineers India Limited (EIL).

SELLER: Seller shall mean the Person, Firm or Corporation to whom the Letter of Acceptance / Purchase Order is issued.

PROCUREMENT CO-COORDINATORS / MANAGERS: Purchaser’s authorized representative appointed as procurement coordinators / manager.

INSPECTORS: Inspectors deputed / authorized by Purchaser including Third Party Inspection Agency.

RFQ DOCUMENTS: RFQ document shall mean documents issued to the bidder for preparation of bid.

EFFECTIVE DATE: Effective Date shall mean the date on which Supplier’s obligations will commence and that will be date of Letter of Acceptance (LOA).

CONTRACTUAL DELIVERY DATE: Contractual Delivery Date is the date on which goods shall be delivered on F.O.T dispatch point/destination basis in accordance with the terms of the Purchase Order. The contractual delivery date/period is inclusive of all the lead time for engineering, procurement of raw materials, manufacturing, inspection, testing packing and any other activities whatsoever required to be accomplished for effecting the delivery at the agreed delivery point.

1.2. Interpretations

1.2.1. Where any portion of the GPC is repugnant to or at variance with any provisions of the SPC then, unless a different intention appears, the provisions of the SPC shall be deemed to govern the provisions of the GPC and SPC provisions shall prevail to the extent of such repugnancy, or variations exist.

1.2.2. In RFQ Documents unless otherwise stated specifically, the singular shall include the plural and vice versa wherever the context so requires.

1.2.3. Notwithstanding the sub-division of the RFQ Documents into separate sections and volumes every part of each shall be deemed to be supplementary to and complementary of every other part and shall be read with and into the Agreement so far as it may be practicable to do so.

1.2.4. All headings, subtitles and marginal notes to the clauses of the GPC, SPC or to the Specifications or to any other part of RFQ Document are solely for the purpose of giving a concise indication and not a summary of the contents thereof, and they shall never be deemed to be part thereof or be used in the interpretation or construction thereof.

1.2.5. The terms fully capitalized and/or initial capitalized shall be interchangeable and shall have the meaning as assigned to fully capitalized term or initial capitalised term.

1.2.6. Except the obligation of payment to Seller, Consultant may discharge all other Purchaser’s obligations. In Bidding Document at all such places where obligations are confined to Purchaser alone such provision to read as ‘Purchaser/Consultant’s’ obligation to the extent the context so means/ requires.

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2. SUPPLIER’S SCOPE

Supplier’s scope shall include:

2.1. Supply: (a) manufacturing of Items as per Material Requisition technical specifications; (b) preparation of Quality Assurance / Quality control programme; (c) obtaining Consultant’s approval; (d) Inspection by Purchaser’s/Consultant/Agency Designated by Purchaser and obtaining Inspection Release Note; (e) obtaining despatch clearance; (f) Packing; and (g) Loading on truck/trailer for Indian Bidder / loading on ship at FOB port of exit including stowing as applicable for foreign bidder. Transportation upto site shall be arranged by the Indian Supplier on behalf of the Owner.

2.2. Site work as per requirements specified in the Bidding document, wherever applicable.

2.3. Site supervision for Erection & Commissioning as per requirements specified in the Bidding document, wherever applicable.

2.4. Training of owner’s / consultant’s person(s) at vendor’s works / project site, wherever applicable, as per guidelines given in the material requisition.

2.5. Any other specific requirement / activity though specifically not covered but is required as per scope of work, scope of supply, specifications, standards, drawings, GPC, GCC, SCC or any other part of Bidding Document.

3. DELIVERY SCHEDULE / COMPLETION PERIOD

3.1 All goods under the scope of the Supplier shall be delivered as per delivery schedule / completion period specified in Request for Quotation (RFQ) and no variation shall be permitted.

3.2 Failing to meet the delivery schedule / completion period will be subject to Price Reduction and/or other remedies available to the Purchaser in RFQ Documents.

3.3 The delivery schedule / completion period shall be reckoned from the date of Letter of Acceptance.

3.4 For Indian Bidder date of LR/GR or date of receipt of material at site shall be considered as the date of delivery as specified in RFQ/LOA/PO. For Foreign Bidder date of clean bill of Lading shall be considered as date of Delivery.

4. DESPATCH INSTRUCTIONS

4.1 Following despatch documents are required to be submitted by the Supplier immediately after shipment is made.

Invoice

Inspection Release Note by Third Party Inspection Agency / Purchaser / Consultant.

LR/ GR / Clean Bill of Lading.

Packing List

Test Certificates (NDT reports, MTC, etc. as per MR)

Certificate of Measurement and Weight

List of documents as specified in Vendor Data Requirement in Material Requisition & counter signed & stamped by TPIA /EIL.

In addition to above documents in case of Foreign Bidder following documents are also required to be submitted Estimated Time of Arrival (ETA) of Vessel at JNPT, Nhava Sheva, India

Documents pertaining to ocean freight (In case of CFR Contract)

Country of origin certificate

4.2 Domestic Supplier shall make timely request for Road Permit so that there is no halt in the transportation of materials due to unavailability of same.

5. PACKING, MARKING AND SHIPMENT

5.1. The Supplier wherever applicable shall after proper painting, pack and crate all goods for sea/road/rail transportation in such a manner so as to protect it from damage and deterioration. The Supplier shall be held responsible for all damages due to improper packing. The Supplier shall

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ensure sizing or packing of all oversized consignments in such a way that availability of carrier and/or road/rail route is properly taken into consideration.

5.2. Supplier shall comply with the Packing, Marking and Shipping Instructions as per GPC or any other relevant document issued along with RFQ Document.

5.3. Part Shipment of consignment value less than Rs. 5, 00,000/- shall be avoided.

6. INSURANCE

6.1. Where only supply is involved, Transit insurance shall be excluded from the supplier’s scope and, the same shall be arranged by the Owner.

6.2. For purchases involving site work, the comprehensive insurance (transit cum storage, erection, till handing over of equipment) shall be in the scope of Owner. However, the inspection of the items for its completeness after receipt and opening of the boxes shall be vendor’s responsibility.

6.3. For LSTK Packages, the comprehensive insurance (transit cum storage, erection, till handing over of equipment) shall be in the scope of Contractor.

7. INSPECTION

7.1. EIL shall provide all requisite inspection services for all indigenous equipment / bulk material procured for the project as part of EPCM services at no additional cost. In the case Indian bidder sourcing materials from abroad, the inspection shall be arranged through Third Party Inspection agency (i.e. LRIS/BV/DNV/TUV/CEIL) in the country of origin & charges of the same shall be included in quoted prices.

7.2. Foreign vendors shall include third party inspection charges of Third Party Inspection agency (i.e. LRIS/BV/DNV/TUV/CEIL) in the country of origin. In the case of foreign party sourcing items from India the inspection shall be by EIL, no additional charges shall be payable to seller on account of the same. However, there shall be no change in third party inspection charges in case of any change in sourcing from sub-vendors subject to the condition that if sourcing is shifted from abroad to India after placing the order, discount @ 1.25% of FOT Despatch Point Price of the part sourced from India shall be passed on to BORL.

7.3. The Inspection Agencies mentioned at any other place in RFQ document shall stand modified with agencies indicated above.

8. INDEPENDENT SUPPLIER

It is expressly understood and agreed that Supplier is an independent party and that neither the Supplier/ its personnel are servants, agents or employees of Purchaser/ Consultant nor the Supplier has any kind of interest in other Suppliers.

9. TAXES & DUITES

The quoted prices shall be exclusive of all Indian taxes/duties applicable on finished goods sold & supplied to Owner and consigned to Owner. These excluded taxes/duties shall be payable extra at actuals against documentary evidence.

9.1. EXCISE DUTY:

Quoted Price should be exclusive of Excise Duty applicable on Finished Goods sold/consigned to the Owner. Rate of Excise Duty shall be quoted based on existing Central Excise Tariff.

Payments on account of Excise Duty on such goods shall be released at actuals on receipt of CENVATABLE copy of Excise invoice as per Cenvat Credit Rules 2004 indicating the Owner as the consignee of the goods, for availing CENVAT credit by Owner. In case purchaser is unable to avail CENVAT benefit based on the documents furnished by the seller, then such amount of Excise Duty shall not be paid.

9.2. CENTRAL SALES TAX (CST) / VAT:

Quoted Price should be exclusive of CST (against Form ‘C’) and/or MP VAT as applicable on the finished goods.

Form ‘C’ shall be provided for finished goods sold/consigned to Owner for availing concessional rate of CST, wherever applicable. However, in case of LSTK Packages the Form ‘C’ shall be

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provided for finished goods directly sold by the Contractor to the Owner and not for the goods supplied by the way of sale in transit.

MP VAT amount shall be paid at actuals to the Supplier on production of all related documents including tax invoice enabling Owner to take MP VAT input Credit in accordance with the provisions of MP VAT Act. In case purchaser is unable to avail input tax credit on MP VAT based on the documents furnished by the seller, then such amount of MP VAT shall not be reimbursed which was considered for evaluation.

In case of LSTK Packages, Bidders shall quote MP VAT on value of Material. It may be noted that composition/abatement scheme for MP VAT shall not be adopted by the bidders.

9.3. IMPORT DUTIES I.E. BASIC CUSTOM DUTY, CVD, SAD & EDU CESS ON IMPORTED MATERIAL:

9.3.1. Direct imported supplies by Foreign suppliers:

For imported materials sold & consigned directly by foreign suppliers to Owner, Import Duties, i.e., Basic Customs Duty, CVD, SAD & Edu. Cess applicable in India, shall be directly paid by Owner to tax authority.

9.3.2. Imported supplies by Indian suppliers as built in import content

CVD and AID/SAD on imported items for which the Cenvat Credit shall be available to Owner in respect of finished goods directly sold/consigned to Owner shall not be included in the quoted prices. CENVAT credit of Customs Educational Cess is not available.

Bidder shall provide the CENVATABLE documents/ Bill of Entry for availing CENVAT credit on these taxes & duties by Owner. These cenvatable taxes & duties shall be reimbursed at actuals, to the extent of the CENVATABLE documents/ Bill of Entry furnished by CONTRACTOR.

Basic Customs Duty and Customs Educational Cess of Customs Duty on the imported materials shall be included in the quoted prices and Supplier shall be responsible for the timely payment of the customs duties to the relevant Government Authorities.

For the supplies of imported goods directly consigned to Owner, Owner shall assist in providing all necessary documents required by the Contractor to clear the Goods.

All harbour dues, pilotage fees, port fees, wharf fees, unloading costs incurred in India in respect of any imported goods shall be to supplier’s account.

Bidder to indicate CIF value of the import content and applicable merit rate of Basic Custom Duty and Customs Educational Cess on Customs Duty included in the quoted price, in the Price Schedule.

BORL shall not issue Project Authority Certificate (PAC) / Import License to the Suppliers.

9.4. SERVICE TAX (TRANSPORTATION CHARGES, SUPERVISION / TRAINING, SITE WORK) :

Quoted Prices shall exclusive of Service tax.

Service Tax as billed by the Supplier shall be payable at actuals by Owner subject to Contractor furnishing proper tax invoice issued in accordance with service tax rules to enable Owner to take cenvat credit as per Cenvat Credit Rules 2004 on service tax paid.

Service tax shall not be payable, if the requirements as specified above are not fulfilled by the Supplier. In case of non-receipt of above, Owner shall withhold the payment of Service Tax. In case purchaser is unable to avail CENVAT benefit based on the documents furnished by the seller, then such amount of service tax shall not be paid.

In case of Foreign Bidders, for supervision/ site work/ training services by foreign supervisor at Project Site, Service tax shall be paid by Owner to tax authorities.

Input tax credit of service tax on transportation charges is available to BORL. The Supplier shall pay the transportation charges to Goods Transportation Agency (GTA) and shall pay applicable service tax. BORL shall reimburse the transportation charges at actuals and service tax on same to supplier against the submission of documents i.e. (1) Copy of LR (2) Invoice of the

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GTA and (3) Separate Invoice/Debit Note enabling the Owner to claim input tax credit of service tax.

In case transportation charges are claimed by the supplier other than at actuals but limited to value indicated in Purchase Order, then the transportation charges and service tax shall be paid against the suppliers tax invoice as per Service Tax Rule 4A.

For Site work, Bidder shall consider Service tax at full rate on value of services. It may be noted that composition/abatement scheme for Service Tax shall not be adopted by the bidders.

9.5. VAT ON WORK CONTRACTS / WORK CONTRACT TAX (In case of Site Work):

Bidders shall quote MP VAT and Service Tax on quoted value of materials and services respectively. It may be noted that composition scheme for both MP VAT and Service TAX should not be adopted by the bidders.

Work Contract Tax (MP WCT) as per MP VAT Act, as applicable, shall be deducted at source and WCT certificate shall be issued to the Bidder.

As per provision of MP VAT, it is mandatory that the bidder has to be a registered dealer under the Act before getting payment for his works contract. The contractor has to produce an authenticated copy of the certificate of registration under MP VAT Act or furnish an undertaking for getting so registered. Delay in payment by BORL due to non-submission of registration certificate by the contractor shall be solely attributable to Contractor.

9.6. ENTRY TAX:

9.6.1. For Supply items: Entry Tax on supply component shall be paid by Owner, wherever applicable.

For Work Contract at Site: Quoted prices shall be inclusive of Entry Tax and the Contractor is liable to pay the entry tax. However, in case of interstate sale by supplier to OWNER, the Contractor shall pay the entry tax on behalf of the Owner and submit the proof of payment on monthly basis. Bidders who have considered and indicated Entry Tax less than the applicable rates at the time of bidding, than the Entry Tax will be paid as per their quoted percentage. During the invoicing, if they claim more than their quote, same will not be paid.

9.7. INCOME TAX:

9.7.1. Foreign (Expatriate) Supervisors

The supervision/ site work charges of foreign vendor shall be gross of income tax i.e., inclusive of Indian Income Tax at the applicable prevailing rate as per Indian Income Tax rules. The Foreign Bidder in his Bid shall indicate rate of Indian income tax considered and included in quoted prices. Owner/Purchaser shall deduct at source the tax as applicable while making payments against each invoice for the services in India. Certificate for Tax Deducted at Source (TDS) shall be provided to the Seller.

However, in case the Foreign Bidder does not include Indian Income Tax in his prices and Indian Income Tax / withholding tax as applicable is borne & paid by BORL, the income tax liability shall be added to the Bidder’s price for evaluation.

It is mandatory for the foreign supplier/contractor/consultant to furnish the following information:

i) PAN No. as per the Indian Income Tax requirements failing which the

Supplier/Contractor/Consultant shall be responsible for any additional tax deduction at source

as per the provisions of the Indian Income Tax Act/Rules and the same shall be deducted

from the payment made to supplier/contractor/consultant.

ii) Tax Residency Certificate (TRC) containing prescribed particulars as per the enclosed

Annexure-A from the Government of foreign country in order to claim the benefits of DTAA as

per the Indian Income Tax requirements failing which the relief under DTAA will not be

available and consequently the higher rate of withholding tax @25% will be applicable and

deducted from the payment made to supplier/contractor/consultant (i.e., non-resident

taxpayer). The TRC shall be duly verified by the Government of the country of which the

assessee claims to be a resident for the purposes of tax.

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iii) In addition to TRC, bidder in order to claim the benefits of DTAA shall also submit additional

information in form no. 10F (enclosed as Annexure-B). Form 10F has to be signed & verified

by the assessee himself.

If some information is already contained in TRC, the bidder shall not be required to provide

that information in Form no. 10F but even then Form no. 10F is required to be provided by the

bidder. However, the bidder may write Not Applicable in the relevant column in case that

information is already contained in TRC.

iv) The Declaration of ‘No Permanent Establishment Certificate’ on the Bidder's letterhead or

Details of Permanent Establishment, as applicable.

The Bidder shall submit the above details in unpriced part of their Bid.

9.7.2. For Indian (Resident) supervisors

Supervision/ site work charges of Indian vendor shall be inclusive of income tax.

Tax shall be deducted at source by Owner from all sums due to an Indian tax resident bidder in accordance with the provisions of the Income Tax Act, 1961, as in force at the relevant point of time

Owner shall issue a Tax deduction or withholding certificate to the bidder evidencing the Tax deducted or withheld and deposited by Owner on payments made to the Contractor to enable the bidder to claim the credit of the Tax deducted or withheld by Owner.

9.8. STATUTORY VARIATIONS

Any Statutory variation in taxes and duties, within the contractual delivery date, shall be on owner’s account, against submission of documentary evidence. However, in case of delay in delivery beyond the contractual date, for reasons attributable to seller, any increase in these rates shall be borne by seller, whereas any decrease shall be passed on to the owner.

For the purpose of applicability of statutory variations on taxes and duties (including imposition of any new taxes/duties/levies, etc.) under above terms, each staggered delivery of lots (due in a specific month as per delivery schedule for bulk items) shall be considered as delivery date for the respective lot(s).

In case of Built in import content included in quoted price, statutory variation on Basic Custom Duty and Customs Education Cess within the 2/3rd of contractual delivery period shall be to Owner’s account against submission of the documentary evidence and shall be given as per CIF value and applicable merit rate of import duties indicated by the bidder in their offer. Any increase in the rate of Basic Custom Duty and Customs Education Cess on CIF value beyond the 2/3rd of contractual completion period shall be to bidder’s account. Any decrease in the rate of Basic Custom Duty and Customs Education Cess on CIF value shall be passed on to the Owner.

Any variation in Excise duty at the time of supplies for any reasons, other than statutory, including variations due to turnover, shall be borne by bidder.

In case of Indian Bidders, if the statutory variation entitles the employer to recover the amount (irrespective of contractual delivery) such amount will be recovered from any bill of the Supplier immediately on enforcement of such variation under intimation to the Supplier.

9.9. NEW TAXES & DUTIES

All new taxes/ duties/ cess/ levies notified after the date of unpriced bid opening/ submission of any subsequent price implication/ revised prices, but within Time for Completion / extended Time for Completion (due to reason attributable to Owner), shall be to Owner’s account. These shall be reimbursed against documentary evidence.

However, in case of delay attributable to supplier, any new or additional taxes and duties imposed after Time for Completion, as above, shall be to supplier’s account.

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Note : wherever any price implication/ revised prices is obtained from bidders after unpriced bid opening, bidder to consider any new taxes/ duties/ cess/ levies notified after unpriced bid opening in this price implication/ revised prices.

9.10. GENERAL

a) If Owner is not able to avail the credit of Excise duty/ MP VAT/ CVD/ SAD/ Service Tax, partially or

entirely because the Contractor or any Subcontractor/ vendor/ original manufacturer issued a

defective invoice or failed to produce the requisite documents, then the Contractor shall immediately

indemnify Owner for such loss of Tax credit which would be otherwise available to Owner. Owner,

in such case, may, in its sole discretion, decide to recover such loss by way of deduction from

payment due to the Contractor or invoking the Contract Performance Bank Guarantee.

b) Any error of interpretation of applicability of taxes/ duties by the contractor shall be to bidder’s

account.

c) The classification of goods as per Central Excise/ Customs Tariff and MP VAT Act should be

correctly done by the contractor to ensure that CENVAT/ VAT benefit is not lost to the Owner on

account of any error on the part of the SUPPLIER.

d) The Supplier shall be responsible for, and shall exercise due diligence in properly classifying the

Goods, undertaking the payment of customs duties, and/ or otherwise complying with all Applicable

Laws with respect to any import of the Goods. In case Owner is exposed to any penal action

(interest and/ or penalties) by the customs Authorities for incorrect declaration and/ or valuation of

the Goods by the Contractor, or otherwise on account of any breach of Applicable Laws in the

course of the import of the Goods, the Contractor shall indemnify and hold Owner harmless for any

and all costs, expenses or losses suffered or incurred by Owner in this regard.

10. TRANSFER OF PROPERTY FROM THE SELLER TO THE PURCHASER

The transfer of property shall be deemed to have taken place as follows subject to the provisions herein contained:

a) F.O.T. despatch point: On loading and handing over the equipment to the carrier against

receipt and such receipt having been passed over to the Purchaser.

b) F.O.T. Project Site: on receipt of material at Project site.

c) Equipment sent freight/ carriage paid to the Refinery site: On receipt of goods at site.

d) Equipment erected by the Seller: on acceptance at job site.

e) Equipment commissioned by the Seller: On taking over by the Purchaser for regular operation

after test run at maximum capacity for specified period satisfactorily performed. However, where the sale to or purchase by the Seller is deemed to take place in the course of inter-state trade or commerce or by endorsement/transfer of Railway receipt or Truck/Lorry or any receipt during transit, the sale to the OWNER of the same material shall similarly be deemed to take place by endorsement/transfer during transit in the course of inter-state trade or commerce in respect of which the OWNER will furnish the Seller/Supplier, wherever applicable, Form “C” to qualify to concessional rate of tax.

11. REJECTION OF MATERIAL

Any materials/goods covered under scope of supply, which during the process of inspection by appointed third party, at any stage of manufacture/fabrication and subsequent stages as defined in Material Requisition , prior to despatch is found not conforming to the requirements/specifications of the Purchase Requisition/Order, shall be liable for immediate rejection.

Supplier shall be responsible and liable for immediate replacement of such material with acceptable material or rectify the defective material upto the satisfaction inspection agency at no extra cost or impact on the delivery schedule to PURCHASER.

12. CHANGES

The Purchaser has the option at any time to make changes in quantities ordered or in specifications and drawings. If such changes cause an increase or decrease in the price or in the time required for supply, a claim under this provision must be raised by Seller with documentary

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evidence/back-up documents/calculations within 7 days from the date the intimation for change is received from Purchaser. Seller shall execute the change only after receipt of change order.

13. LIMITATION OF LIABILITY

Notwithstanding anything contrary contained herein, the aggregate total liability of Supplier/ Contractor under the Contract or otherwise shall be limited to 100% of contract value except that

this Clause shall not limit the liability of the Supplier/ Contractor for following:

a. In the event of breach of any Applicable Law; b. In the event of fraud, willful misconduct or illegal or unlawful acts, or gross negligence of the

Supplier/ Contractor or any person acting on behalf of the Supplier/ Contractor; or c. In the event of acts or omissions of the Supplier/ Contractor which are contrary to the most

elementary rules of diligence which a conscientious Supplier/ Contractor would have followed in similar circumstances; or

d. In the event of any claim or loss or damage arising out of infringement of Intellectual Property; or

e. For any damage to any third party, including death or injury of any third party caused by the Supplier/ Contractor or any person or firm acting on behalf of the Supplier/ Contractor in executing the Works.

However, neither party shall be liable to the other party for any indirect and consequential damages, loss of profits or loss of production or business interruption which is connected with any claim arising under the Contract.

14. PURCHASER’S RIGHTS AND REMEDIES

Without prejudice to Purchaser’s right and remedies under Agreement, if Supplier fails to commence delivery as per agreed schedule and/or in reasonable opinion of the Purchaser, Supplier is not in a position to makeup the delay to meet the intended purpose, the Purchaser may terminate the Agreement in full or part at Supplier’s default and may get supplies from other sources at Supplier’s risk and cost.

15. PERFORMANCE BANK GUARANTEE (PBG):

Wherever the Purchase Order/ Contract involves the site work, basic value of purchase order shall mean basic value for Supply plus Site work.

In partial modification to GPC Clause No. 14.2.1 the validity of PBG shall be= FOA date + Contractual Delivery period of material + Contractual completion period for site work (incl. notice period, if any) + Contractual Guarantee period + 3 Months claim period.

16. PAYMENT TERMS

In partial modification of the payment terms as mentioned in the General Purchase Conditions, the payment terms as per Annexure-C to this Special Conditions of Contract (SPC) shall be applicable.

17. DEDUCTION AT SOURCE

17.1 Purchaser will release the payment to the Supplier after effecting deductions as per applicable law in force. Purchaser will release the payment to the Supplier after effecting deductions as per applicable law in force.

17.2 Purchaser will release payments to the Supplier after offsetting all dues to the Purchaser payable by the Supplier under the Contract.

18. PAYING AUTHORITY:

Bharat Oman Refineries Limited, Central Bill Receiving Desk, Administrative Building, Refinery Complex, Post BORL Residential Complex, Bina, District Sagar, Madhya Pradesh India – 470124 Purchaser's Bankers: Shall be provided along with detailed Purchase Order.

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19. ORIGIN OF GOODS:

A certificate issued by relevant Chambers of Commerce to this effect shall form part of shipping documents

20. QUALITY ASSURANCE / QUALITY CONTROL

20.1 The Supplier shall prepare a detailed quality assurance plan for the execution of contract for various facilities, which will be mutually discussed and agreed to.

20.2 The Supplier shall establish document and maintain an effective quality assurance system outlined in recognised codes

20.3 The purchaser / consultant, while agreeing to a quality assurance plan shall mark the stages where they would like to witness the tests; review any or all stages of work at shop as deemed necessary for quality assurance.

21. STATUTORY APPROVAL:

21.1 Obtaining statutory approvals, required as defined in CONTRACTOR’s scope under Technical Scope of Work, shall be the responsibility of the CONTRACTOR. CONTRACTOR shall arrange the inspection of the works by the authorities and necessary co-ordination and liaison work in this respect. The application on behalf of the OWNER for submission to relevant authorities alongwith copies of required certificate complete in all respects shall be prepared and submitted by the CONTRACTOR well ahead of time so that the actual construction/commissioning of the work is not delayed for want of the approval/inspection by concerned authorities.

21.2 Statutory fees paid, if any, for all such inspections and approvals by authorities shall be deemed to be included in the quoted prices, if not specified otherwise.

21.3 Any change/addition required to be made to meet the requirements of the statutory authorities shall be carried out by the CONTRACTOR free of charge. The inspection and acceptance of the work by statutory authorities shall however, not absolve the CONTRACTOR from any of his responsibilities under this contract.

21.4 All statutory approvals other than specified above shall be obtained by OWNER and provided to the CONTRACTOR.

22. CONTROL REGUALTIONS

The supply, despatch and delivery of goods shall be arranged by the Seller in strict conformity with the statutory regulations including provision of Industries (Development and Regulation) Act, 1951 and any amendment thereof as applicable from time to time. The Purchaser disowns any responsibility for any irregularity or contravention of any of the statutory regulations in manufacture or supply of his stores covered by this order.

23. PRICE REDUCTION SCHEDULE (PRS)

1st sentence of 2nd para of clause no.20.3.1 of General Purchase Conditions (GPC) stands replaced by the following “In the case of imports, the contractual delivery date shall be counted from the date of Letter of Award (LOA).”

24. LIEN

Supplier shall ensure that the Scope of Supply supplied under the Agreement shall be free from any claims of title/liens from any third party. In the event of such claims by any party, Supplier shall at his own cost defend, indemnify and hold harmless Purchaser or its authorised representative from such disputes of title/liens, costs, consequences etc.

25. SETTLEMENT OF DISPUTE BETWEEN GOVT. DEPT./ PUBLIC SECTOR UNDERTAKINGS

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

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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 ay 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.

26. ORDERING

Where Purchase Order includes supply and site work both, Purchase Order shall be divided into supply and service portion separately with interlinking clauses.

However, only single Purchase Order shall be placed against the enquiries for LSTK Packages.

27. POST ORDER CORRESPONDENCE

All post-order correspondence shall be addressed to: a) Deputy General Manager (Inspection)

M/s Engineers India Limited EIB, 1st Floor, 1, Bhikaiji Cama place New Delhi – 110066, India

With a copy to:

a) Project Manager (BORL- Project) M/s Engineers India Limited EIB, 5th Floor, 1, Bhikaiji Cama place New Delhi – 110066, India

b) Project Manager

M/s Bharat Oman Refineries Limited, Administrative Building, Refinery Complex, Post BORL Residential Complex, Bina,

District Sagar, Madhya Pradesh India – 470124

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Annexure-A to SPC

TRC obtained by the Non-resident from Government of foreign country shall contain the following particulars:

(i) Name of the assessee;

(ii) Status (individual, company, firm etc.) of the assessee;

(iii) Nationality (in case of individual);

(iv) Country or specified territory of incorporation or registration (in case of others);

(v) Assessee’s tax identification number in the country or specified territory of residence or in case no such number, then, a unique number on the basis of which the person is identified by the Government of the country or the specified territory;

(vi) Residential status for the purposes of tax;

(vii) Period for which the certificate is applicable; and

(viii) Address of the applicant for the period for which the certificate is applicable;

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Administrator

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Administrator

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A702-Rev.0 Page 1 of 9

ANNEXURE-C TO SPECIAL CONDITIONS OF CONTRACT (SPC)

PAYMENT TERMS (PURCHASE)

PAYMENT TERMS

A. FOR INDIGENOUS SUPPLIERS:

1. Supply:

1.1. - Where the MR is for supply of materials and there is no Vendor Data Requirement

(VDR) specified in the MR:

- 15% against identification of raw materials at Supplier’s works and against submission

of ABG of equivalent amount.

- 60% together with full taxes, duties & transportation charges against despatch

documents (along with copy of LR/GR and IRN) and submission of a performance bank

guarantee for 10% of total basic order value, valid till the full guarantee period plus

three months claim period.

- 15% against receipt of material at site.

- 10% on receipt of all material at site and on submission of E1/E2 Form (wherever

applicable).

1.2. Where the MR is for supply of materials and calls for Vendor Data requirement:

- 5% against approval of drawings, wherever required (identified in PO/ PR) at least in

Code-2.



- 55% (60% where drawing/doc approval not required) together with full taxes, duties &

transportation charges against despatch documents (along with copy of LR/GR and

IRN) and submission of a performance bank guarantee for 10% of total basic order

value, valid till the full guarantee period plus three months claim period.


- 5% on receipt of all Final/As built Drawings/Documents/Data/Manual in requisite

number of copies/sets/CDs as per VDR specified in Purchase Requisition.


applicable).

1.3. Where the MR is for supply of materials and calls for vendor Data requirement (With site work) :


Code-2.






value (for Supply + Site Work), valid till the full guarantee period plus three months

claim period.

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- 5% on receipt of Final/As built Drawings/Documents/Data/Manual in requisite number

of copies/sets/CDs as per VDR specified in Purchase Requisition.

- 10% on completion of Site Work and submission of E1/E2 Form (wherever applicable)

1.4. Where the MR is for Packages, fabricated equipment like Columns/Pressure vessels/Reactors/Heat Exchangers /Pumps/Compressors/EOT Crane/Air Fin Cooler etc (with significant Bought out item) and calls for Vendor Data requirement (Without site work):


Code-2.

- 10% against placement of sub-order for specified major raw material (to be identified

during kick off meeting, if not specified in enquiry) and against submission of ABG of

equivalent amount.

- 15% against identification of raw materials at Supplier’s works (to be identified during

kick off meeting, if not specified in enquiry) and against submission of ABG of

equivalent amount.




value, valid till the full guarantee period plus three months claim period.





applicable).

Major Raw Material for payment against placement of orders:

Columns/Vessels/Reactors : Plates & Forgings

Heat Exchangers : Plates, Tube, Tube sheets

Pumps : Castings for casings, impellers and drivers

Compressors : Castings for casings and rotors and drivers

Air Fin Coolers : Tubes, Header Plates, Fin Material

Major Raw Material for payment against receipt & identification of raw materials:


Heat Exchangers : Plates, Tubes, Tube sheets

Pumps : Castings for casings and impellers

Compressors : Castings for casings and rotors


1.5. Where the MR is for Packages, fabricated equipment like Columns/Pressure vessels/Reactors/Heat Exchangers /Pumps/Compressors/EOT Crane/Air Fin Cooler etc (with significant Bought out item) and calls for Vendor Data requirement (With site work) :

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Code-2.



equivalent amount.



equivalent amount.

- 50% (55% where drawing/doc approval not required) against despatch documents

(along with copy of LR/GR and IRN) together with full taxes, duties and transportation

charges and submission of a performance bank guarantee for 10% of total basic order

value (for Supply + Site Work), valid till the full guarantee period plus three months

claim period.




- 10% on completion of site work , submission of E1/E2 Form (wherever applicable)













2. For supply of Mandatory Spares (wherever price of mandatory spares obtained separately)

- 90% on receipt of spares at site after dispatch of main equipment.

- 10% on receipt of materials at site and on submission of EI/E2 FORM (wherever

applicable).

3. Site Work:

- 90% against monthly progressive bills (based on agreed billing schedule) duly certified

by Engineer-in-charge.

- 10% on successful completion of site work and handing over of goods/equipment at

site.

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4. Any services on per diem basis like: Supervision of Erection, Testing & Commissioning/ assistance during erection , Testing & Commissioning / Training at site / Supplier’s works on per diem basis

- 100% against monthly bills to be submitted by Supplier duly certified by Engineer-in-

Charge on pro rata basis.

5. Training (lumpsum)

- Training at Supplier’s works: 100 % on successful completion of Training at Supplier’s

works duly certified by EIL/OWNER, as per Purchase Requisition.

- Training at Site: 100 % on successful completion of Training at Site duly certified by

EIL/OWNER, as per Purchase Requisition.

6. Annual Maintenance Contract (AMC):

- 100% payment shall be paid at the end of each quarter against quarterly progressive

bills to be submitted by Supplier duly certified by authorized representative of Owner.

B. FOR FOREIGN SUPPLIERS

1. Supply

1.1. Where the MR is for supply of materials and there is no Vendor Data Requirement (VDR) specified in the MR (Without Site Work):

- 15% thru wire transfer against identification of raw materials at Supplier’s works and

against submission of ABG of equivalent amount.

- 85% along with 100% Ocean freight (in case of CFR contracts) against shipping

documents through irrevocable Letter of Credit. The letter of credit shall be established

only on receipt of acceptance of BORL’s Letter of Acceptance/Order and submission of

performance bank guarantee for 10% of total basic order value valid till the full

guarantee period plus three months claim period.

1.2. Where the MR is for supply of materials and calls for Vendor Data Requirement: (Without site work)


Code-2.


against submission of ABG of equivalent amount

- 75% (80% in cases where drawing approval is not required) along with 100% Ocean

freight (in case of CFR contracts) against shipping documents through irrevocable

Letter of Credit. The letter of credit shall be established only on receipt of acceptance of

BORL’s Letter of Acceptance/Order and submission of performance bank guarantee for

10% of total basic order value valid till the full guarantee period plus three months claim

period.

- 5% on receipt of Final/ As built Drawings/Documents/Data/Manual in requisite number

of copies/sets/CDs as per VDR specified in Purchase Requisition through wire transfer.

1.3. Where the MR is for supply of materials and calls for Vendor Data Requirement: (With site work)

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Code-2.


against submission of ABG of equivalent amount

- 65% (70% in cases where drawing approval is not required) along with 100% Ocean

freight (in case of CFR contracts) against shipping documents through irrevocable

Letter of Credit. The letter of credit shall be established only on receipt of acceptance of

BORL’s Letter of Acceptance/Order and submission of performance bank guarantee for

10% of total basic order value (for Supply + Site Work) valid till the full guarantee period

plus three months claim period.

- 5% on receipt of Final/ As built Drawings/Documents/Data/Manual in requisite number

of copies/sets/CDs as per VDR specified in Purchase Requisition through wire transfer.

- 10% on successful completion of Site Work through wire transfer.

Note: In case Customs clearance and further transportation of material upto Project site is

in the supplier’s scope, 65% against shipping documents shall be split in 5% + 60% and

5% shall be paid after receipt of material at Project site.

1.4. Where the MR is for Packages/fabricated equipments like Columns/Pressure vessels/Reactors/Heat Exchangers/Air Fin Cooler/Pumps/Compressors/EOT Cranes etc (with significant Bought out item) and calls for Supplier Data requirement: (Without site work)


Code-2.



equivalent amount.



equivalent amount.

- 65% (70% where drawing/doc approval not required) along with 100% Ocean freight (in

case of CFR contracts) against shipping documents through irrevocable Letter of

Credit. The letter of credit shall be established only on receipt of acceptance of BORL’s

Letter of Acceptance/Order and submission of performance bank guarantee for 10% of

total basic order value valid till the full guarantee period plus three months claim period.









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1.5. Where the MR is for Packages/fabricated equipments like Columns/Pressure vessels/Reactors/Air Fin Cooler /EOT Cranes etc (with significant Bought out item) and calls for Vendor Data requirement: (With site work)


Code-2.



equivalent amount.



equivalent amount.

- 55% (60% where drawing/doc approval not required) along with 100% Ocean freight (in

case of CFR contracts) against shipping documents through irrevocable Letter of

Credit. The letter of credit shall be established only on receipt of acceptance of BORL’s

Letter of Acceptance/Order and submission of performance bank guarantee for 10% of

total basic order value (for Supply + Site Work) valid till the full guarantee period plus

three months claim period.



- 10% on completion of site work through wire transfer.













Note: In case Customs clearance and further transportation of material upto Project site is in the supplier’s scope, 55% against shipping documents shall be split in 5% + 50% and 5% shall be paid after receipt of material at Project site.

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2. For supply of Mandatory Spares:

- 100% thru irrevocable Letter of Credit against shipping documents after dispatch of

main equipment.

3. Site Work:

- 90% against monthly progressive bills (based on agreed billing schedule) duly certified

by Engineer-in-charge.

- 10% on successful completion and handing over of goods/equipment at site.

4. Any services on per diem basis like: Supervision of Erection, Testing & Commissioning/ assistance during erection, Testing & Commissioning / Training at:

- 100% against monthly bills to be submitted by Supplier duly certified by Engineer-in-

Charge.

5. Training (Lumpsum):

- Training at Supplier’s works: 100% through Wire Transfer on successful completion of

Training at Supplier’s works duly certified by EIL/OWNER, as per Purchase Requisition

(PR).

- Training at Site: 100% through Wire Transfer on successful completion of Training at

site duly certified by EIL/OWNER, as per Purchase Requisition (PR).

6. Annual Maintenance Contract (AMC):

- 100% payment shall be paid at the end of each quarter against quarterly progressive

bills to be submitted by Supplier duly certified by authorized representative of Owner.

7. Indian sub-supplies in case of a Foreign bidder:

- 85% through E-Payment with taxes and duties will be paid against receipt of Indian

sourced goods/material at project site.

- 10% against receipt of Indian supplies at site and delivery of main equipment by foreign

bidder, as per Terms of bidding document and completion of site work, wherever

applicable.

- 5% on submission of Final/As built Drawings/Documents/Data/Manual in requisite

number of copies/sets/CDs as per VDR specified in Purchase Requisition, by main

bidder.

Payment of Indian sub supplies/Services shall be released directly to Indian counterpart against Invoices raised by Indian counterpart duly certified by foreign principal.

In case of Foreign bids with Indian sub supplies, the payment terms of Foreign

bidder against shipping documents stands reduced by 5% which shall be released as follows:

o 5% payment shall be released thru wire transfer, on delivery of main equipment

by foreign principal (as per terms of enquiry document) as well as receipt of

Indian supplies at site.

C. For all Site Fabricated Columns, Vessels etc. (Fabrication yard within project site)


Code-2.

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- 10% against placement of sub-order for specified major raw material (Plates &

Forgings) against submission of ABG of equivalent amount. ABG shall be returned after

receipt and identification of material at Fabrication yard located within Project site.

- 25% against receipt and identification of raw materials (Plates & Forgings) at

Fabrication yard located within Project site.

- 40% on completion of fabrication in all respect, Third party inspection and making

completed column ready for hydro-testing.

- 5% after hydro-testing of completed column, painting and inspection clearance for

shifting of equipment to erection site.

- 10% along with taxes & duties against submission of tax invoice & performance bank

guarantee for 10% of total basic order value (for Supply + Site Work), valid till the full

guarantee period plus three months claim period and on transportation of completed

column from fabrication yard/ assembly yard to erection site, erection in position

(wherever applicable) and acceptance thereof.



NOTES :

(i) 1st Milestone payment shall be released only after receipt of manufacturing schedule.

Wherever supplier wants to submit the PBG at Contract level i.e. Contract

Performance Bank Guarantee (CPBG) to avoid multiple number of PBGs or if

otherwise Supplier is required to submit CPBG as per Terms and Conditions of

RFQ/Bidding Document t, 1st Milestone payment shall be released only after receipt of

CPBG and manufacturing schedule.

(ii) Prorata payments shall be applicable on dispatch of equipment. In case of equipment,

prorate shall not be on part of equipment.

(iii) In case of indigenous Suppliers, wherever taxes/duties are separately indicated, the

order value shall be exclusive of taxes/duties. 100% payment of taxes/duties shall be

paid along with the payment released against dispatch documents on receipt of

Cenvatable/Duplicate Copy of Excise Invoice / vatable documents (wherever

applicable). Further, the amount of excise duty, service tax, Central sales Tax and MP

VAT shall only be payable against submission of CENVATABLE / VATABLE invoices

subject to maximum amount quoted in the offer and in case of non-submission, the

same will not be paid. In case purchaser is unable to avail CENVAT benefit based on

the documents furnished by the Seller, then such amount of taxes & duties shall not be

reimbursed for which cenvat benefit was considered for evaluation.

However, for LSTK Packages Excise duty, MP VAT, CVD and SAD shall be released

after receipt of goods at site against submission of Cenvatable / Vatable copy of

corresponding Invoice.

(iv) Payment to indigenous Suppliers shall be released through Electronic Clearing

System (ECS) i.e. RTGS and to foreign Suppliers, payments other than against

shipping documents, i.e., for Site Work and Supervision/Training etc. shall be through

wire transfer.

(v) Irrevocable Letter of credit shall be acceptable from foreign Suppliers in place of

Advance Bank Guarantee as well as Contract cum Performance Bank Guarantee.

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(vi) Bank Guarantee(s) shall be issued through Scheduled Commercial Bank in India/

Indian Branch of International Bank, directly to BORL as per pro-forma enclosed

elsewhere in RFQ Document.

(vii) Irrevocable Letter of Credit for payment to Foreign Suppliers shall be established in

favour of the supplier in a bank in his country, for an appropriate amount (in line with

Payment Terms). L/C shall be opened within 45 days of receipt of acknowledgement

of FOA/PO and receipt of PBG/CPBG (wherever applicable). In case confirmed L/C is

insisted by supplier, L/C confirmation charges shall be to supplier’s account.

(viii) All payments (other than through L/C) shall be released within 30 days of receipt of

invoice and all requisite documents, complete in all respects.

(ix) All bank charges of respective bankers shall be to respective account.

(x) Supplier shall submit Billing Schedule within three weeks after placement of FOA/PO

(whichever is issued earlier) for EIL/OWNER’s approval (wherever applicable).

Suppliers requiring multiple dispatches will restrict the number of dispatches to

maximum three, unless agreed otherwise by Project Manager. No part dispatches

shall be made without approval of billing schedule.

(xi) For MRs involving Site Work, Quoted site work charges shall be minimum x% (x is the

percentage defined in Price Schedule/ RFQ Document) of the quoted supply prices. In

case a Supplier’s quotes site work charges lesser than x% of supply price, the

differential charges shall be retained from supply prices and shall be paid along with

last 10% payment of supply charges which will be paid after completion of site work.

(xii) In case of Annual Maintenance Contract (AMC), CPBG @ 5% of maximum annual

AMC amount shall be submitted within 2 weeks from the date of order and shall be

valid for the entire AMC period plus 2 months claim period.

(xiii) In case of Columns/Vessels/Reactors where Template to be supplied by Supplier,

15% payment against raw material identification shall be split in 1%+14% and it shall

be specified that 1% payment out of 15% shall be paid after receipt of templates at

site. Supplier has to ensure supply of templates within two month from the approval of

drawings at least in code.

(xiv) Wherever Site work involves commissioning/ PGTR, last 10% of supply amount shall

be released by wire transfer against successful commissioning/ demonstration of

Performance Guarantee Test Run & submission of Invoices duly certified by Site-In-

charge.

(xv) In case site is not available up to 6 (Six) months (wherever site work is applicable),

and/or commissioning/ demonstration of Performance Guarantee Test Run is delayed

beyond 6 Months after receipt of all supplies at site for the reasons solely attributable

to the Owner, the payment against the same shall be released on submission of

additional Bank Guarantee of equivalent amount valid for 1 (One) year or such

extended period as may be required.

(xvi) Certification for placement of sub-order and/or identification of major raw material, in

the above payment terms, shall be carried out by EIL/TPI agency, as applicable.

(xvii) The Invoice shall be made after adjusting Price Reduction for delay in Delivery pursuant

to subject clause mentioned in SPC & GPC, if applicable.

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BHARAT OMAN REFINERIES LIMITED

General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions. INDEX 1. DEFINITIONS 2. REFERENCE FOR DOCUMENTATION 3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4. LANGUAGE 5. PRICE 6. TAXES AND DUTIES 7. INSPECTION 8. SHIPPING 9. PART ORDER / REPEAT ORDER 10. ORDER AWARD / EVALUATION CRITERIA 11. CONFIRMATION OF ORDER 12. PAYMENT TERMS 13. GUARANTEE / WARRANTY 14. PERFORMANCE BANK GUARANTEE 15. PACKING & MARKING 16. DELIVERY 17. UNLOADING AND STACKING 18. TRANSIT INSURANCE 19. VALIDITY OF OFFER 20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21. RISK PURCHASE CLAUSE 22. FORCE MAJEURE CLAUSE 23. ARBITRATION CLAUSE 24. RECOVERY OF SUMS DUE 25. CONFIDENTIALITY OF TECHNICAL INFORMATION 26. PATENTS & ROYALTIES 27. LIABILITY CLAUSE 28. COMPLIANCE OF REGULATIONS 29. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT 30. NON-WAIVER 31. NEW & UNUSED MATERIAL 32. CANCELLATION 33. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION 34. ASSIGNMENT 35. GOVERNING LAW 36. AMENDMENT 37. ENERGY MANAGEMENT SYSTEM 38. SPECIAL PURCHASE CONDITIONS 39. JURISDICTION 40. CLAIMS 41. NOTICES

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Bharat Oman Refineries Limited

General Purchase Conditions:

1. DEFINITIONS :

The following expressions used in these terms and conditions and in the purchase

order shall have the meaning indicated against each of these:

1.1. OWNER: Owner means BHARAT OMAN REFINERIES LIMITED, a Company

Registered under Companies Act 1956, having it’s Registered Office at Administrative

Building, Refinery Complex, Post Office: BORL Residential Complex, Bina, District-

Sagar, Madhya Pradesh, India - 470124 (hereinafter called as “BORL” which

expression shall unless excluded by or repugnant to the context mean and include it’s

successors and assigns).

1.2. VENDOR: Vendor means the person, firm or the Company / Corporation to whom this

Request for Quotation (RFQ) / Purchase order is issued and shall include its

successors and assigns.

1.3. INSPECTOR: Person / agency deputed by BORL for carrying out inspection,

checking/testing of items ordered and for certifying the items conforming to the

purchase order specifications.

1.4. GOODS / MATERIALS means any of the articles, materials, machinery, equipments,

supplies, drawing, data and other property and all services including but not limited to

design, delivery, installation, inspection, testing and commissioning specified or

required to complete the order.

1.5. SITE / LOCATION means any Site where BORL desires to receive materials anywhere

in India as mentioned in RFQ.

1.6. “RATE CONTRACT” means the agreement for supply of goods / materials between

Owner and Vendor, for a fixed period of time (i.e. till validity of Rate Contract, with no

commitment of contractual quantity) on mutually agreed terms and conditions. The

actual supply of goods/ materials shall take place only on issue of separate Purchase

Orders / Call On orders for required quantity as and when required by Owner.

1.7. “FIRM PROCUREMENT” means the agreement between the parties for mutually

agreed terms and conditions with commitment of Quantity Ordered.

2. REFERENCE FOR DOCUMENTATION:

2.1. The number and date of Tender / Collective Request for Quotation (CRFQ) must

appear on all correspondence before finalization of Rate Contract / Purchase Order.

2.2. After finalization of Contract / Purchase Order: The number and date of Rate Contract /

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Purchase Order must appear on all correspondence, drawings, invoices, dispatch

advices, (including shipping documents if applicable) packing list and on any

documents or papers connected with this order.

2.3. In the case of imports, the relevant particulars of the import Licence shall be duly

indicated in the invoice and shipping documents as well as on the packages or

consignments.

3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER:

The right to accept the bid / offer will rest with the Owner.

4. LANGUAGE:

The Bid and all supporting documentation and all correspondence whatsoever

exchanged by Vendor and Owner, shall be in English language only.

5. PRICE:

Unless otherwise agreed to the terms of the RFQ, price shall be firm and no escalation

will be entertained on any ground, except on the ground of statutory levies applicable

on the tendered items.

6. TAXES AND DUTIES:

Vendor shall have VAT / CST / GST / Service tax registration in the concerned State

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 delivery period

will be payable by BORL against documentary evidence. Vendor shall mention in their

offer, the percentage of excise duty applicable at present. Any upward 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 and

cess component (if applicable) and accordingly Excise duty / Cess should be quoted

separately wherever applicable.

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice

(transporter's copy) at the time of delivery of goods at owner's site.

6.2. SALES TAX / VAT/GST:

6.2.1. Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BORL. Vendor shall give details of local sales tax and / or central sales tax

currently applicable in their offer. The rates applicable for “CST without form C”, “CST

with form C" and “VAT” shall be clearly indicated.

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6.2.2. Input VAT Credit may be claimed by BORL, wherever applicable. Vendor shall submit

proper TAX invoice to BORL.

6.3 Service Tax:

Vendors shall have service tax registration wherever applicable. BORL may also claim

CENVAT Credit on service tax. The vendor should quote service tax separately, if

applicable. Vendor shall submit the proper TAX invoice to BORL. Vendor is required to

furnish serially numbered and signed invoice / bill / challan containing the following

details:

a) Name, address and registration number of the service provider

b) Name and address of person receiving taxable service

c) Description, classification and value of taxable service provided

d) Service Tax Payable

6.4 FREIGHT:

Firm freight charges to be quoted by the vendors as indicated in the Tender

documents. Freight shall be payable after receipt of the Material(s) at the site, unless

otherwise specified.

6.5. NEW STATUTORY LEVIES:

All new statutory tax, duties, cess and levies leviable on sale of finished goods to

owner, if applicable are payable extra by BORL against documentary proof, within the

contractual delivery period.

6.6 Variation in Taxes/Duties

Any increase/decrease in all the above mentioned statutory levies on the date of

delivery during the scheduled delivery period on finished materials will be on BORL's

account. Any upward variation in statutory levies after contractual delivery date shall

be to vendor's account.

7. INSPECTION:

7.1. Materials shall be inspected by BORL approved third party inspection agency if

applicable before dispatch of materials. However, arranging and providing inspection

facilities is entirely vendor's responsibility and in no way shall affect the delivery

schedule.

7.2. Scope of Inspection shall be as per RFQ. Details of our registered third party

inspection agencies will be specified in the Special Purchase Conditions.

7.3. Unless otherwise specified, the inspection shall be carried out as per the relevant

standards/scope of inspection provided alongwith the Tender Enquiry/Purchase Order.

7.4. BORL may, at its own expense, have its representative(s) witness any test or

inspection. In order to enable BORL's representative(s) to witness the

tests/inspections, BORL will advise the Vendor in advance whether it intends to have

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 be absolved

from its responsibilities to ensure that the Material(s), raw materials, components and

other inputs are supplied strictly to conform and comply with all the requirements of the

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Contract at all stages, whether during manufacture and fabrication, or at the time of

Delivery as on arrival at site and after its erection or start up or consumption, and

during the defect liability period. The inspections and tests are merely intended to

prima-facie satisfy BORL that the Material(s) and the parts and components comply

with the requirements of the Contract. The Vendor's responsibility shall also not be

anywise reduced or discharged because BORL or BORL's representative(s) or

Inspector(s) shall have examined, commented on the Vendor's drawings or

specifications or shall have witnessed the tests or required any chemical or physical or

other tests or shall have stamped or approved or certified any Material(s).

7.6. Although material approved by the Inspector(s), if on testing and inspection after

receipt of the Material(s) at the location, any Material(s) are found not to be in strict

conformity with the contractual requirements or specifications, BORL shall have the

right to reject the same and hold the Vendor liable for non-performance of the

Contract.

8. SHIPPING:

8.1 SEA SHIPMENT:

All shipment of materials shall be made by first class direct vessels, through the

chartering wing, Ministry of Surface Transport as per procedure detailed hereunder.

The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for

proper storage of the entire Cargo intended for the project in a specific manner so as

to facilitate and to avoid any over carriage at the port of discharge. All shipment shall

be under deck unless carriage on deck is unavoidable.

The bills of lading should be made out in favour of `Bharat Oman Refineries Limited".

All columns in the body of the Bill of Lading namely marks and nos., material

description, weight particulars etc., should be uniform and accurate and such

statements should be uniform in all the shipping documents. The freight particulars

should mention the basis of freight tonnage, heavy lift charges, if any, surcharge,

discount etc. clearly and separately. The net total freight payable shall be shown at the

bottom.

SHIPPING DOCUMENTS:

All documents viz. Bill of Lading, invoices, packing list, freight memos, country of origin

certificates, test certificate, drawings and catalogues should be in English language. In

addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required, invoices, packing list, freight memos, (if the freight particulars

are not shown in the bills of lading), country of origin certificate, test / composition

certificate, shall be made out against each shipment in as many number of copies as

shown below.

The bill of lading, invoice and packing list specifically shall show uniformly the mark

and numbers, contents case wise, country of origin, consignees name, port of

destination and all other particulars as indicated under clause 2. The invoice shall

show the unit rates and net total F.O.B. prices. Items packed separately should also be

invoiced and the value shown accordingly. Packing list must show apart from other

particulars actual contents in each case, net and gross weights and dimensions, and

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the total number of packages. All documents should be duly signed by the Vendor's

authorised representatives. In the case of FOB orders, Shipping arrangements shall be

made by the Chartering Wing Of the Ministry of Surface Transport, New Delhi through

their respective forwarding agents. The names and addresses of forwarding agents

shall be as per Special Purchase Conditions. Supplier shall furnish to the respective

agents the full details of consignments such as outside dimension, weights (both gross

and net) No of packages, technical description and drawings, name of supplier, ports

of loading, etc. 6 weeks notice shall be given by the supplier to enable the concerned

agency to arrange shipping space.

The bill of lading shall indicate the following:

Shipper:

Consignee: Bharat Oman Refineries Limited

In case of supplies from USA, Export Licences, if any required from the American

Authorities shall be obtained by the U.S. Suppliers. If need be assistance for obtaining

such export licences would be available from India Supply Mission at Washington.

8.2 AIRSHIPMENT:

In case of air shipment, the materials shall be shipped through freight consolidator

(approved by BORL). The airway bill shall be made out in favour of BHARAT OMAN

REFINERIES LTD.

8.3 TRANSMISSION OF SHIPPING DOCUMENTS:

Foreign Supplier shall obtain the shipping documents in seven complete sets including

three original stamped copies of the Bill of Lading as quickly as possible after the

shipment is made, and airmail as shown below so that they are received at least three

weeks before the Vessels arrival. Foreign Supplier shall be fully responsible or any

delay and / or demurrage in clearance of the consignment at the port due to delay in

transmittal of the shipping documents.

If in terms of letter or otherwise, the complete original set of documents are required to

be sent to BORL through Bank the distribution indicated below will confine to copies of

documents only minus originals.

Documents BORL

Bill of Lading 4 (including 1 original)

Invoice 4

Packing List 4

Freight Memo 4

Country of Origin Certificate 4

Third party inspection certificate 4

Drawing 4

Catalogue 4

Invoice of Third Party 4

for inspection charges whenever applicable.

9. PART ORDER / REPEAT ORDER:

Vendor hereby agrees to accept part order against tender enquiry at Owner’s option

without any limitation whatsoever and also accept repeat order during a period of ONE

YEAR after placement of purchase order up-to a maximum of the original order

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quantity, at the same unit prices, terms and conditions. All lump-sum charges, if any,

shall be pro-rata on value basis on acceptance of part order.

10. ORDER AWARD / EVALUATION CRITERIA:

Unless otherwise specified, Order award criteria will be on lowest quote landed price

basis. Landed price will be summation of Basic Price, Packing & Forwarding Charges,

Excise Duty, Sales Tax, Freight, Inspection, Entry Tax, Supervision of Installation &

Commissioning and other taxes & levies, loading etc, if any, reduced by cenvat/vat

credit as applicable.

11. CONFIRMATION OF ORDER:

The Vendor shall acknowledge the receipt of the Purchase Order within ten days

following the mailing of the same and shall thereby confirm his acceptance of the

Purchase Order in its entirety without exceptions. The vendor shall sign, stamp the

acknowledgement copy of the purchase order and return the same to BORL.

The terms and conditions of the purchase order shall constitute the entire agreement

between the parties thereto. Changes will be binding only if the amendments are made

in writing and signed by an authorised representative of the Owner and the Vendor.

12. PAYMENT TERMS:

12.1. Unless otherwise specified, 100% payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Performance Bank

Guarantee (PBG) for 10% of basic order value if PBG is applicable for the tender.

12.2. In the case of imports, payment will be made on submission of original documents

directly to Owner (Telegraphic Transfer-TT) or through Bank (Cash against

documents-CAD) or through irrevocable Letter of Credit.

12.3. Unless otherwise mentioned, the specified documents (All documents listed below

(one original and two copies)) should be submitted to originator of P.O. (the name and

contact details of whom are given in PO) and payments for despatches will be made

by the originator of Purchase Order:

a) Invoice

b) Excise invoice

c) The Lorry Receipt of the consignment

d) Packing list for the consignment

e) Third Party Inspector's Certificate covering the invoiced Material(s)/ Release

Note, wherever applicable

f) Manufacturers Test / Composition Certificate, wherever applicable

g) Drawing(s)/Catalogue(s) covering the Material(s), wherever applicable

h) Guarantee/Warranty Certificate(s), wherever applicable.

i) Original Receipt for 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 of commissioning or 18 months

from the date of dispatch whichever is earlier. Warranty for replacement of material /

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accessories should be provided free of charges at our premises. The above

guarantee/warranty will be without prejudice to the certificate of inspection or material

receipt note issued by us in respect of the materials.

13.2. All the materials including components and sub contracted items should be guaranteed

by the vendor within the warranty period mentioned above. In the event of any defect

in the material, the vendor will replace / repair the material at BORL'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, rejected material

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 “Freight Paid” basis.

Alternatively, BORL 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 basic value of

purchase order unless otherwise specified. This bank guarantee shall be valid (shall

remain in force) for guarantee period (as mentioned in the guarantee clause), with an

invocation period of three months thereafter. In the case of Indigenous vendors, the

Performance Bank Guarantee shall be given on a non-judicial stamp paper of

appropriate value (currently Rs 100). PBG format is as per Annexure I.

In case, PBG is not provided by the Vendor, 10% of the basic value shall be retained 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 by branches

of Indian scheduled banks operating in their Country/India.

c) Indian branches of foreign banks.

d) Foreign bank operating in their Country counter guaranteed by their Indian branch

However, in respect of c) and d) above, the Indian branch of foreign banks should be

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 of PBG

(i.e. PBG issued against every purchase/call off order) then the validity of PBG will be

calculated as mentioned below:

14.2.1. Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate

Contract Period (validity of Rate Contract) + Contractual Delivery Period of material +

Contractual Guarantee period + 3 month (for invocation / Claim).

15. PACKING & MARKING:

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15.1 PACKING:

15.1.1 Packing shall withstand the hazards normally encountered with the means of transport

for the goods of this purchase order including loading and unloading operation both by

crane and by pushing off.

In the case of imports, all equipments / materials shall be suitably packed in weather

proof, seaworthy packing for ocean transport under tropical conditions and for rail or

road or other appropriate transport in India. The packing shall be strong and efficient

enough to ensure safe preservance upto the final point of destination.

Raw/Solid wood packaging material of imported items has to be appropriately treated

& marked as per International Standard of Phytosanitary Measures (ISPM-15") for

material originating from the contracting countries to the International Plant Protection

Convention or the members of Food & Agriculture Organization. Material from non-

contracting parties would have to be accompanied by a phytosanitary certificate of the

treatment endorsed. The Custom Officer at Indian Port shall not release the material

without appropriate compliance of the above provisions w.e.f. 01.11.2004.

15.1.2 The packing specification incorporated herein are supplementary to the internal and

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 reduce volume as

much as possible.

15.1.3 Fragile articles should be packed with special packing materials depending on the type

of Materials and the packing shall bear the words "HANDLE WITH CARE GLASS

FRAGILE, DON'T ROLL THIS END UP. THIS END DOWN," to be indicated by arrow.

15.1.4 Chemicals in powder form, catalyst, refractories and like materials etc. shall be packed

in drums, cans and tins only. However, Catalyst may be supplied in Jumbo bags.

15.1.5 The hazardous materials shall be packed in accordance with the applicable rules,

regulations and tariff of all cognizant Government Authorities and other Governing

bodies. It shall be the responsibility of the seller of hazardous materials to designate

the material as hazardous and to identify each material by its proper commodity name

and its hazardous material class code.

15.1.6 All package requiring handling by crane should have sufficient space at appropriate

place to put sling of suitable dia (strength). Iron/Steel angle should be provided 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. Steel

reinforcing rods, bars, pipes, structural members etc. shall be bundled in uniform

lengths and the weight shall be within the breaking strength of the securing wire or

strapping.

In the case of imports, for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end.

15.1.8 All delicate surface on equipment / materials should be carefully protected and printed

with protective paint/compound and wrapped to prevent rusting and damage.

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15.1.9 All mechanical and electrical equipment and other heavy articles shall be securely

fastened to the case bottom and shall be blocked and braced to avoid any

displacement/shifting during transit.

15.1.10 Attachments and spare parts of equipment and all small pieces shall be packed

separately in wooden cases with adequate protection inside the case and wherever

possible should be sent along with the main equipment. Each item shall be suitably

tagged with identification of main equipment, item denomination and reference

number of respective assembly drawing. Each item of steel structure and furnaces

shall be identified with two erection markings with minimum lettering height of 15mm.

Such markings will be followed by the collection numbers in indelible ink/paint. A copy

of the packing list shall accompany the materials in each package.

15.1.11 All protrusions shall be suitably protected by providing a cover comprising of tightly

bolted wooden disc on the flanges. All nozzles, holes and openings and also all

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 in polythene

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 at

minimum three places.

c. Above 100mm NB in loose.

15.1.14 Pipes and tubes of stainless steel, copper etc. shall be packed in wooden cases

irrespective of their sizes.

15.1.15 Pipes with threaded or flanged ends shall be protected with suitable caps covers,

before packing. In the case of imports, all pipes and sheets shall be marked with

strips bearing progressive no.

15.1.16 Detailed packing list in waterproof envelope shall be inserted in the package together

with equipment/materials. One copy of the detailed packing list shall be fastened

outside of the package in waterproof envelope and covered by metal cover.

15.1.17 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection.

15.1.18 Packaged equipment or materials showing damage defects or shortages resulting

from improper packaging materials or packing procedures or having concealed

damages or shortages, at the time of unpacking shall be to the supplier's account.

All packages which require special handling and transport should have their Centres

of Gravity and the points at which they may be slung or gripped clearly indicated and

marked “ATTENTION SPECIAL LOAD HANDLE WITH CARE” both in

English/Hindi Languages.

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In the case of imports, a distinct colour splash in say red black around each package

crate / bundle shall be given for identification.

15.1.19 Along with the packed material, supplier should attach material list, manuals /

instructions and also the Inspection certificate/release note, wherever applicable.

15.2. MARKING:

The following details to be written on the side face of packing:

a) Purchase Order Number

b) Vendor Name

c) Batch no with manufacturing date

d) Procedure (in brief) for handling

e) 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 OMAN REFINERIES LIMITED

(With detailed address as given in Special Purchase Conditions)

From: _____________________

To: Bharat Oman Refineries Limited

(With detailed address as given in Special Purchase Conditions)

Order No: Rev. no.

Item:

Equipment Nomenclature:

Net weight: Kgs.

Gross weight: Kgs.

Case No. of Total cases :

Dimensions:

Import Licence No.

NOTE:

Marking shall be bold - minimum letter height 5 cm. For every order and every

shipment, packages must be marked with serial progressive numbering. Top heavy

containers shall be so marked either Top Heavy or Heavy Ends. When packing

material is clean and light coloured, dark black stencil paint shall be acceptable.

However, where packaging material is soiled or dark, a coat of flat zinc white paint

shall be applied and allowed to dry before applying the specific markings.

In case of large equipments like vessels, heat exchangers, etc. the envelope

containing the documents shall be fastened inside a shell connection, with an

identifying arrow sign "documents" using indelible paint.

16. DELIVERY:

16.1. Unless otherwise mentioned, Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order.

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16.2. Time being the essence of this contract, the delivery mentioned in the purchase order

shall be strictly adhered to and no variation shall be permitted except with prior

authorization in writing from the Owner. Goods should be delivered, securely packed

and in good order and condition, at the place of delivery and within 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 for

effecting the delivery at the required delivery point.

16.4. Unless otherwise specified, Material(s) shall not be despatched without prior inspection

and/or testing and Release Order/Material(s) Acceptance Certificate issued by the

Inspector(s).

16.5. BORL shall have the right to advise any change in despatch point or destination in

respect of any Material(s). Any extra expenditure incurred by the Vendor on this

account supported by satisfactory documentary evidence, will be reimbursed to the

Vendor by BORL.

16.6 The vendor will ascertain, in advance, the destination of the Material to be despatched.

Demurrage &/or other expenses incurred owing to any negligence, delay or default on

the part of the Vendor will be for Vendor’s account and deducted from his invoice

before payment.

17. UNLOADING AND STACKING:

Unloading and stacking will be arranged by BORL. The Vendor shall send BORL

information of the proposed consignment well in advance by fax / e-mail / courier to

enable BORL to take necessary action.

18. TRANSIT INSURANCE:

Unless otherwise mentioned,

18.1. Transit Insurance shall be covered by BORL against its Mega Package Policy.

18.2 In the case of imports, insurance against all marine and transit risk shall be covered

under the Owner's marine policy. However, the Vendor shall ensure that in effecting

shipments clear bill of lading are obtained and the carrier's responsibility is fully

retained on the Carriers so that the consignee's interests are fully secured and are in

no way jeopardized.

18.3. The Vendor shall send BORL information of the proposed consignment well in

advance by fax / e-mail / courier to enable BORL to take necessary action for the

transit insurance of the consignment. Any failure by the Vendor to do so shall place the

consignment at the Vendor's risk.

18.4. In the case of imports, as soon as any shipment is made, the Foreign Supplier shall

send advance information by way of fax / email message to Bharat Oman Refineries

Limited, (with detailed address as given in Special Purchase Conditions) giving

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particulars of the shipments, vessels name, port of shipment, bill of lading number and

date, total FOB and freight value.

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 90 Days from the

date of opening of the tender unless otherwise specified in the Special Purchase

Conditions.

20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE:

20.1. The time and date of Delivery of Material(s) as stipulated in the Contract shall be

adhered 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 of

them beyond the stipulated date(s) of Delivery, the Vendor shall forthwith inform BORL

in writing of such anticipated delay and of the steps being taken by the Vendor to

remove or reduce the anticipated delay, and shall promptly keep BORL informed of all

subsequent developments.

20.3. The delivery period quoted must be realistic & specific. The inability of successful

Vendors to execute orders in accordance with the agreed delivery schedule will entitle

BORL, 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 or part thereof,

limited to a maximum of 5% of the total basic order value. LR date will be considered

as delivery completion date for calculation of price reduction in the case of ex works

contract. Date of receipt of materials at owners premises shall be considered for

calculation of price reduction for F.O.R destination contract.

In the case of imports, the contractual delivery date shall be considered from the date

of Letter of Credit (L/C) plus the delivery schedule as indicated by the vendors. L/C

shall be established by buyer on submission of PBG (if applicable) by seller. Seller

shall furnish PBG within 10 days from the date of placement of LOA or PO whichever

is earlier. Any delay in providing the PBG beyond 10 days shall be on account of seller.

In case of the shipment taking place on “Cash against documents”, the contractual

delivery shall be taken from the date of purchase order plus one week (to take care of

transit time for receipt of order) plus delivery period.

Further the date of Bill of Lading or House Airway Bill shall be considered to find out

the delay with respect to contractual delivery date. In case of FOB shipments if the

vessel is not available then the intimation by vendors regarding readiness of the goods

for the shipment shall be considered for calculating the delay if any. So vendor shall

inform the readiness of material for shipment on FOB (Free on Board) basis / FCA

(Free on Carrier) basis.

20.3.2. Cancel the order in part or full and purchase such cancelled quantities from elsewhere

on account at the risk and cost of the vendor, without prejudice to its right under 20.3.1

above in respect of goods delivered.

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21. RISK PURCHASE CLAUSE:

BORL reserves the right to curtail or cancel the order either in full or part thereof if the

vendor fails to comply with the delivery schedule and other terms & conditions of the

order. BORL also reserves the right to procure the same or similar

materials/equipment through other sources at vendor's entire risk, cost and

consequences. Further, the vendor agrees that in case of procurement by the owner

from other sources the differential amount paid by the owner shall be on account of the

vendor together with any interest and other costs accrued thereon for such

procurement.

22. FORCE MAJEURE CLAUSE:

22.1 Definition: The term “Force Majeure” means any event or circumstance or combination

of events or circumstances that affects the performance by the vendor of its obligations

pursuant to the terms of this Agreement (including by preventing, hindering or delaying

such performance), but only if and to the extent that such events and circumstances

are not within the vendor's reasonable control and were not reasonably foreseeable

and the effects of which the vendor could not have prevented or overcome by acting as

a Reasonable and Prudent person or, by the exercise of reasonable skill and care.

Force Majeure events and circumstances shall in any event include the following

events and circumstances to the extent they or their consequences satisfy the

requirements set forth above in this Clause:

I. the effect of any element or other act of God, including any storm, flood,

drought, lightning, earthquake, tidal wave, tsunami, cyclone or other natural

disaster;

II. fire, accident, loss or breakage of facilities or equipment, structural collapse or

explosion;

III. epidemic, plague or quarantine;

IV. air crash, shipwreck, or train wreck;

V. acts of war (whether declared or undeclared), sabotage, terrorism or act of

public enemy (including the acts of any independent unit or individual engaged

in activities in furtherance of a programme of irregular warfare), acts of

belligerence of foreign enemies (whether declared or undeclared), blockades,

embargoes, civil disturbance, revolution, rebellion or insurrection, exercise of

military or usurped power, or any attempt at usurpation of power;

VI. radioactive contamination or ionizing radiation;

22.2 Notice and Reporting:

I. The Vendor shall as soon as reasonably practicable after the date of

commencement of the event of Force Majeure, but in any event no later than

seven (7) days after such commencement date, notify the BORL in writing of

such event of Force Majeure and provide the following information:

a) reasonably full particulars of the event or circumstance of Force Majeure and

the extent to which any obligation will be prevented or delayed;

b) such date of commencement and an estimate of the period of time required to

enable the vendor to resume full performance of its obligations; and

c) all relevant information relating to the Force Majeure and full details of the

measures the vendor is taking to overcome or circumvent such Force Majeure.

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II. The Vendor shall, throughout the period during which it is prevented from

performing, or delayed in the performance of, its obligations under this

Agreement, upon request, give or procure access to examine the scene of the

Force Majeure including such information, facilities and sites as the other Party

may reasonably request in connection with such event. Access to any facilities

or sites shall be at the risk and cost of the Party requesting such information

and access.

22.3 Mitigation Responsibility:

I. The Vendor shall use all reasonable endeavours, acting as a Reasonable and

Prudent Person, to circumvent or overcome any event or circumstance of Force

Majeure as expeditiously as possible, and relief under this Clause shall cease

to be available to the Vendor claiming Force Majeure if it fails to use such

reasonable endeavours during or following any such event of Force Majeure.

II. The Vendor shall have the burden of proving that the circumstances constitute

valid grounds of Force Majeure under this Clause and that it has exercised

reasonable diligence efforts to remedy the cause of any alleged Force Majeure.

III. The Vendor shall notify BORL when the Force Majeure has terminated or

abated to an extent which permits resumption of performance to occur and

shall resume performance as expeditiously as possible after such termination

or abatement.

22.4 Consequences of Force Majeure. Provided that the Vendor has complied and

continues to comply with the obligations of this Clause and subject to the further

provisions:

I. the obligations of the Parties under this Agreement to the extent performance

thereof is prevented or impeded by the event of Force Majeure shall be

suspended and the Parties shall not be liable for the non-performance thereof

for the duration of the period of Force Majeure; and

II. the time period(s) for the performance of the obligations of the Parties under

this Agreement to the extent performance thereof is prevented or impeded by

the event of Force Majeure shall be extended for the duration of the relevant

period of Force Majeure except as provided herein.

22.5 Force Majeure Events Exceeding 60 Days

If an event or series of events (alone or in combination) of Force Majeure occur, and

continue for a period in excess of 60 consecutive days, then BORL shall have the right

to terminate this agreement, whereupon the Parties shall meet to mitigate the

impediments 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 the owner against the Contractor or regarding any right, liability, act,

omission, or account of any of the parties hereto arising out of or in relation to this

Agreement shall be referred to the Sole Arbitration of the Managing Director of Bharat

Oman Refineries Ltd., or of an Officer of Bharat Oman Refineries Ltd., who may be

nominated by the Managing Director. The Contractor will not be entitled to raise any

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objection to any such arbitrator on the ground that the arbitrator is an Officer of the

Company 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 Company 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 Managing Director as aforesaid at the time of such transfer,

vacation of office or inability to act may at the discretion of the Managing Director

designate another person to act as arbitrator in accordance with the terms of the

agreement to the end and intent that the original Arbitrator shall be entitled to continue

the arbitration proceedings notwithstanding his transfer or vacation of office as an

Officer of the Corporation, if the Managing Director does not designate another person

to act as arbitrator on such transfer or 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 Managing Director or a person nominated by such Managing Director of the

Corporation as aforesaid shall act as arbitrator hereunder. The award of the arbitrator

so appointed shall be final conclusive and binding on all parties to the agreement

subject to the provisions of the Arbitration Act and Conciliation Ordinance, 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.

23.2 The award shall be in writing and published by the Arbitrator within two years after

entering upon the reference or within such extended time not exceeding further twelve

months as the Sole Arbitrator shall in writing under his own hands appoint. The parties

hereto shall be deemed to have irrevocably given their consent to the Arbitrator to

make and publish the award within the period referred to herein above and shall not be

entitled to raise any objection or protect thereto under any circumstances whatsoever.

23.3 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.

23.4 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 entitled to

make separate awards in respect of claims or cross claims of the parties.

23.5 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 required one or both the parties to deposit funds

in such proportion to meet arbitrators expenses whenever called upon to do so.

23.6 The language of the proceedings will be English and the place of proceedings will be

Mumbai.

24. RECOVERY OF SUMS DUE:

Whenever, any claim against vendor for payment of a sum of money arises out of or

under the contract, the owner shall be entitled to recover such sums from any sum

then due or when at any time thereafter may become due from the vendor under this

or any other contract with the owner and should this sum be not sufficient to cover the

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recoverable amount of claim(s), the vendor shall pay to BORL on demand the balance

remaining due.

25. CONFIDENTIALITY OF TECHNICAL INFORMATION:

Drawing, specifications and details shall be the property of the BORL and shall be

returned by the Vendor on demand. The Vendor shall not make use of drawing and

specifications for any purpose at any time, save and except for the purpose of BORL.

The Vendor shall not disclose the technical information furnished to or organized by

the Vendor under or by virtue of or as a result of the implementation of the Purchase

Order to any person, firm or body or corporate authority and shall make all endeavors

to ensure that the technical information is kept CONFIDENTIAL. The technical

information imparted and supplied to the vendor by BORL shall at all time remain the

absolute property of BORL. Imparting of any confidential information by the Vendor will

be breach of contract.

26. PATENTS & ROYALTIES:

The vendor shall fully indemnify BORL and users of materials specified herein/supplied

at all times, against any action, claim or demand, costs and expenses, arising from or

incurred by reasons of any infringement or alleged infringement of any patent,

registered design, trademark or name, copy right or any other protected rights in

respect of any materials supplied or any arrangement, 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 against BORL in respect of any of the aforesaid matter, the vendor

shall be notified thereof immediately and the vendor shall at his/its own expense with

the assistance (if necessary) of BORL (whose all expense shall be reimbursed by the

vendor) conduct all negotiations for the settlement of the same and/or litigation which

may arise thereof.

27. LIABILITY CLAUSE:

In case where it is necessary for employees or representatives of the Vendor to go

upon the premises of owner, vendor agrees to assume the responsibility for the proper

conduct of such employees/representatives while on said premises and to comply with

all applicable Workmen's Compensation Law and other applicable Government

Regulations and Ordinances and all plant rules and regulations particularly in regard to

safety precautions and fire hazards. If the order requires vendor to furnish labour at

site, such vendor's workmen or employees shall under no circumstances be deemed to

be in owner's employment and vendor shall hold himself responsible for any claim or

claims which they or their heirs, dependent or personal representatives, may have or

make, for damages or compensation for anything done or committed to be done, in the

course of carrying out the work covered by the purchase order, whether arising at

owner's premises or elsewhere and agrees to indemnify the owner against any such

claims, if made against the owner and all costs of proceedings, suit or actions which

owner may incur or sustain in respect of the same.

28. COMPLIANCE OF REGULATIONS:

Vendor warrants that all goods/Materials covered by the order have been produced,

sold, dispatched, delivered and furnished in strict compliance with all applicable laws,

regulations, labour agreement, working condition and technical codes and statutory

requirements as applicable from time to time. The vendor shall ensure compliance with

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the above and shall indemnify owner against any actions, damages, costs and

expenses of any failure to comply as aforesaid.

29. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT:

In case the testing and inspection at any stage by inspectors reveal that the

equipment, materials and workmanship do not comply with specification and

requirements, the same shall be removed by the vendor at his/its own expense and

risk, within the time allowed by the owner. The owner shall be at liberty to dispose off

such rejected goods in such manner as he may think appropriate. In the event the

vendor fails to remove the rejected goods within the period as aforesaid, all expenses

incurred by the owner for such disposal shall be to the account of the vendor. The

freight paid by the owner, if any, on the inward journey of the rejected materials shall

be reimbursed by the vendor to the owner before the rejected materials are removed

by the vendor. The vendor will have to proceed with the replacement of the equipment

or part of equipment without claiming any extra payment if so required by the owner.

The time taken for replacement in such event will not be added to the contractual

delivery period.

30. NON-WAIVER:

Failure of the Owner to insist upon any of the terms or conditions incorporated in the

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 the acceptance of or

payment of any goods hereunder or approval of design shall not release the Vendor

and shall not be deemed a waiver of any right of the Owner to insist upon the strict

performance thereof or of any of its or their rights or remedies as to any such goods

regardless of when such goods are shipped, received or accepted nor shall any

purported oral modification or revision of the order by BORL act as waiver of the terms

hereof. Any waiver to be effective must be in writing. Any lone incident of waiver of any

condition of this agreement by BORL shall not be considered as a continuous waiver

or waiver for other condition by BORL.

31. NEW & UNUSED MATERIAL:

All the material supplied by the vendor shall be branded new, unused and of recent

manufacture.

32. CANCELLATION:

32.1. BORL reserves the right to cancel the contract/purchase order or any part thereof

through a written notice to the vendor if.

32.1.1. The vendor fails to comply with the terms of this purchase order/contract.

32.1.2. The vendor becomes bankrupt or goes into liquidation.

32.1.3. The vendor fails to deliver the goods on time and/or replace the rejected goods

promptly.

32.1.4. The vendor makes a general assignment for the benefit of creditors.

32.1.5. A receiver is appointed for any of the property owned by the vendor.

32.2. Upon receipt of the said cancellation notice, the vendor shall discontinue all work on

the purchase order matters connected with it. BORL in that event will be entitled to

procure the requirement in the open market and recover excess payment over the

vendor's agreed price if any, from the vendor and also reserving to itself the right to

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forfeit the security deposit if any, made by the vendor against the contract. The vendor

is aware that the said goods are required by BORL for the ultimate purpose of

materials production and that non-delivery may cause loss of production and

consequently loss of profit to the BORL. In this-event of BORL exercising the option to

claim damages for non delivery other than by way of difference between the market

price and the contract price, the vendor shall pay to BORL, fair compensation to be

agreed upon between BORL and the vendor. The provision of this clause shall not

prejudice the right of BORL from invoking the provisions of price reduction clause

mentioned in 20.3.1 as aforesaid.

33. 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. BORL 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 Vendors are bound by the decision of the Competitive

Commission and also subject to penalty and other provisions of the Competition Act.

34. ASSIGNMENT

The Vendor can / does not have any right to assign his rights and obligations under

these general purchase conditions without the prior written approval of BORL.

35. GOVERNING LAW

These General Purchase Conditions shall be governed by the Laws of India.

36. AMENDMENT

Any amendment to these General Purchase Conditions can be made only in writing

and with the mutual consent of the parties to these conditions.

37. ENERGY MANAGEMENT SYSTEM

BORL is committed to improvement in energy performance, therefore for all energy

related items/ services, the bidder shall quote energy efficient equipments/ materials

indicating power consumption, efficiency factor, service life etc. Accordingly, the offer

shall be evaluated considering energy performance factors and preference shall be

given to the most energy efficient item/ equipment as stipulated in Special Purchase

Conditions, if applicable.

38. SPECIAL PURCHASE CONDITIONS

In case of a conflict between the clauses, terms and conditions of General Purchase

Conditions and Special Purchase condition, the clauses, terms and conditions of

Special Purchase Condition will have an overriding effect over General Purchase

Conditions and the same shall be applicable.

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39. JURISDICTION

All action at law or suits arising out of or, in connection with this Purchase Order or the

subject matter, thereof shall be instituted in the Court of Competent Jurisdiction

situated at Bina.

40. CLAIMS

Claims, if any, on account of execution of this order may be submitted within 3 months

from the date of despatch of last item of the order. Otherwise, the same will not be

entertained by the Owner.

41. NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and

delivered by hand or sent by courier or facsimile to the other Party at the address or

facsimile number stated below or such other address or number as may be notified by

the relevant Party from time to time:


PO: BORL Residential Complex

Bina, Dist- Sagar- 470124

Madhya Pradesh, India

Fax, Telephone No and Email Id: (As per Special Purchase Conditions)

Vendor (Address and Details)

_______________________

_______________________

_______________________

Please sign & return all the pages of GPC as a token of your acceptance of all

the terms & conditions as mentioned above.

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Annexure I

PERFORMANCE BANK GUARANTEE

(On Non-judicial paper for appropriate value)

To,


PO: BORL Residential Complex

Bina, Dist- Sagar- 470124

Madhya Pradesh, India

Dear Sirs, In consideration of the Bharat Oman Refineries ltd. (hereinafter called 'The Company' which expression

shall include its successors and assigns) having awarded to

M/s.(Name)_______________(constitution)______address)__________ (hereinafter referred to as

"'The Supplier" which expression shall wherever the subject or context so permits include its successors

jand assigns) a supply contract in terms inter alia, of the Company(s) letter No. _____dated ____and

the General Purchase Conditions of the Company and upon the condition of supplier's furnishing

security for the performance of the supplier's obligations and / or discharge of the supplier's liability

under and/or in connection with the said supply contract upto a sum of in (in figures)(In

words)_________ Only amounting to 10% (ten percent) of the total contract value.

We, (name)_________(constitution).....................(hereinafter called "'The Bank” which expression shall

include its "Successors and assigns) hereby jointly and severally undertake and guarantee to payment

to the Company In (currency) forthwith on demand in writing and without protest or demur of any and all

moneys anywise payable by the Supplier to the Company under, in respect of or in connection with the

said supply contract inclusive of all the company's loss and expenses and other moneys anywise

payable in respect of the above as specified in any notice of demand made by the company to the Bank

with reference to this Guarantee upto an aggregated limit of (in figures)..............(in words)

.................only.

And the Bank hereby agrees with the Company that:

(i) This Guarantee/Undertaking shall be a continuing Guarantee/Undertaking and shall remain valid and

irrevocable for all claims of the Company and liabilities of the Supplier arising upto and until midnight

of.....................

(ii) This Guarantee/Undertaking ng shall be in addition to any other guarantee or security whatsoever

that the Company may now or have at any time anywise have in relation to the Suppliers obligation/

liabilities under and/or in connection with the said supply contract, and the Company shall have full

authority to take recourse to or reinforce this security in preference to the other security (ies) at its sole

discretion, and no failure on the part of the Company in enforcing or requiring enforcement of any other

security shall have the effect of releasing the Bank from its full liability hereunder.

(iii The Company shall be at liberty without reference to the Bank and without affecting the full liability of

the Bank hereunder to take any other security in respect of the Supplier's obligations and or liabilities

under or in connection with the said supply contract and to vary the terms vis -a-vis the Supplier of the

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said supply contract or to grant time .and or indulgence to the supplier or to reduce or to increase of

otherwise vary the prices of the total contract value or to release or to forebear from enforcement or any

of the obligation of supplier under the said supply contract and or the remedies of _the Company under

any other security (ies) now or hereafter held by the Company and no such dealing(s). variation(s),

reduction(s). increase(s) or other indulgence(s) or arrangement(s) with the supplier or release or

forbearance whatsoever shall have - the effect or releasing the Bank from its full liability to the

Company hereunder or of prejudicing rights of the Company against the Bank.

(iv) This Guarantee/Undertaking shall not be determined or affected by the liquidation or winding up

dissolution, or change of constitution or insolvency of the supplier but shall in all respects and for all

purposes be-binding and operative until payment of all money payable to the company in terms hereof.

(v) This Bank hereby waives all rights at any time inconsistent with the terms of this Guarantee /

Undertaking and the obligations of the Bank in term s here of shall not be anywise affected or

suspended by reason or any dispute or disputes having been raised by the supplier (whether or not

pending before any Arbitrator, Officer Tribunal, or Courts)or any denial or liability by the supplier or any

denial of liability by the supplier or any other order of communication whatsoever by the supplier

stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in

terms hereof.

(vi) The amount stated in any notice of demand addressed by the Company to Guarantor as liable to be

paid to the Company by the Supplier or as suffered or incurred by the Company on Account of any

losses of damages of costs, charges and/or expenses shall be as between the Bank and the Company

be conclusive of the amount so liable to be paid to Company or suffered or incurred by the Company as

the case may be and payable by the Guarantor to Company in terms hereof.

(vii) Notwithstanding anything contained herein before, our liability under this guarantee i.e restricted to

Rs.____________________ (Rupees ___________________(in words)) in aggregate and will remain

in force till the-----------day of 20 -- unless a claim or demand in writing is made against us under the

guarantee before the expiry of3 months from the afore said date, i.e before the ---------------day of 20--.

All your rights under the said aggregates shall be forfeited and shall be relieved and discharged from all

liabilities thereafter.

Dated the ------day of 20---

Yours faithfully,

______________Bank by its Constituted Attorney.

Signature of a person duly authorized to sign on behalf of the bank.

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T&C-SITE WORK-REV-0 Page 1 of 7

REVAMP AND CAPACITY ENHANCEMENT PROJECT- (JOB NO. A702) M/s BHARAT OMAN REFINERIES LIMITED (BORL)

Terms and Conditions for Site Work

1. WATER SUPPLY:

Subject to availability, the Owner shall allow the Contractor to draw the water free of cost within the premises of the Refinery, at one point near Site. However, the Contractor shall make his own arrangement for the distribution pipe network from source of supply and such distribution pipe network shall have prior approval of the Owner/Engineer-In-Charge, so as not to interfere with the layout and progress of other Construction activities. Water for Hydro-testing shall be provided by Owner.

2. POWER SUPPLY:

Subject to availability, construction power shall be made available by the Owner free of cost near the site. Further onward power distribution shall be arranged by the Contractor at their cost. However, non-availability of construction power due to delay in commissioning of Owner’s construction power system or due to any reasons shall not entitle the Contractor for any claim on Owner on account of time and cost implications. Therefore, the Contractor shall within the quoted price make alternate arrangement to cope with such eventuality. The Contractor shall ensure at his cost that all electrical lines and equipment and all installation are approved by the State Electricity Inspector. The Owner shall not be liable for any loss or damage to the Contractor’s equipment for any reason whatsoever.

3. ACCOMODATION FOR CONTRACTOR'S SUPERVISORY STAFF AND LABOUR ETC:

The Contractor shall make his own arrangements for the accommodation of labour, Engineers/Supervisors deputed for carrying out Site Works.

4. LAND FOR CONTRACTOR'S FIELD OFFICE, GODOWN AND WORK SHOP:

The Owner will, at his discretion and convenience and for the duration of the execution of work, make available, land for construction of Contractor's Field Office, Workshop / Fabrication Yard required for execution of the Contract. The Contractor shall at his own cost construct all these temporary buildings/structure and provide suitable water supply and sanitary arrangement, duly approved by Engineer-In-Charge. On completion of the work undertaken by Contractor, he shall remove all temporary works/shed erected by him and have the Site cleaned as directed by Engineer-In-Charge. If the Contractor shall fail to comply with these requirements, the Engineer-In-Charge may at the expense of the Contractor, remove such surplus and rubbish material, dispose off the same as he deems fit and get the Site cleared as aforesaid; and the Contractor shall forthwith pay the amount of all expenses so incurred and shall have no claim in respect of any such surplus materials disposed off as aforesaid. But the Owner reserves the right to ask the Contractor any time during the pendency of the Contract, to vacate the Land by giving 7 days notice on security reasons or on material interest, otherwise.

5. EQUIPMENTS, TOOLS AND PLANT:

All equipment, vehicles, tools and plants and materials brought to site by the Contractor from his resources shall have distinctive identification marks and the description and quantity of such inflow shall be intimated to BORL in writing by the Contractor. All construction materials brought by the Contractor shall have prior approval regarding quality and quantity by BORL. The Contractor shall also provide without extra cost necessary enclosures, containers and protective materials for proper storage of materials inside, whenever so instructed by BORL without any extra cost. No material or equipment or tools etc. shall be taken out of the work-site without the written consent of BORL. BORL shall not be responsible for the safety to protection of the materials of the Contractor and the

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

6. RULES AND REGULATIONS AT SITE:

The Contractor shall ensure that all rules and regulations as effected from time to time by the Owner and/or EIL are strictly observed by the Contractor's personnel. The Contractor shall not permit the entry to the site of any person not directly connected with the execution of the Contract without prior permission of the Engineer-in charge.

7. ENTRY PASSES

The Contractor shall follow regulations of Owner for arranging entry passes for his workers and staff.

Access Control System has been introduced in Refinery to strengthen security measures. Labour entry is strictly through biometric access. Access Control cards shall be issued to labour for monitoring entry & exit of labour in Refinery. All labours to be presented to ACS for capturing photo, palm reading & personal details and entry is also subject to personal search / frisking and will pass through metal detector then they have to swipe the card and shall pass through palm readers.

Contractor, on award of job has to complete all formalities of compliance cell i.e. submission of Form-V to labour commissioner / license to work in the premises, ESIC/Insurance, PF details etc, complete fire & safety induction programme, obtain Police clearance & health certificate.

On closure of contract, contractor shall return all access cards issued to his labours. Nominal fees for access card will be charged of Rs.300/- per card through bank DD in favour of BORL and Rs.250/- per card shall be refunded on return of access card. Rs.50/- per card shall be deducted as processing, printing & stickers cost etc.

The works under this contract are to be carried out in areas within the LPG Plant area adjacent/ adjoining to the existing operating units. As such, CONTRACTOR is required to abide by safety and security regulations of OWNER enforced from time to time.

8. WORKMANSHIP:

The entire job shall be done in accordance with the approved drawings and specifications. The drawings and specifications are intended to be self-explanatory but should any discrepancy arise on any thing contained therein, explanation shall be sought from BORL. All the work covered under this requisition shall be done to the entire satisfaction of BORL who shall determine the quality, acceptability and fitness of the work. The Contractor shall provide necessary and sufficient tools, plant, equipment etc. for proper execution of work to the satisfaction of BORL.

9. WORK ON HOLIDAYS AND OUTSIDE NORMAL WORKING HOURS:

The Contractor shall generally restrict his working hour to the normal working hours but may be permitted to work extra hours and on Sunday and holidays on prior request at least 24 hours in advance and around the clock depending upon the urgency of the work.

10. SUB-CONTRACTORS:

No part or whole of this work covered in the requisition or interest therein shall in any manner be assigned or sublet by the Contractor except where BORL has given written consent thereof.

11. CONTRACTOR'S LIABILITY NOT LIMITED BY SUB-CONTRACT:

Notwithstanding and subletting with such approval the Contractor shall be and shall remain solely responsible for the quality and quantity of materials and workmanship and for the proper and expeditious execution of the work as if such sub-letting has not taken place. If any sub-Contractor engaged upon the work executes any work, which in the opinion of BORL is not in accordance with the specifications, BORL may, by written notice to the Contractor require him to terminate such sub-contract and sub-Contractor shall immediately leave the work. No action by BORL under the above clause shall relieve the Contractor of any of his liabilities or give rise to any right to

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compensation, extension of time or otherwise.

12. OTHER AGENCIES AT WORKS:

The Contractor may have to execute work in such a place and condition where other agencies also will be engaged for other work. No claim shall be entertained for execution of work under such circumstances. However, completion time for erection agreed will be subject to the condition that Contractor's work is not hampered by other agencies.

13. INSPECTION OF WORKS:

BORL and or EIL will have full power and authority to inspect the works at any time, either on the site or at the Contractor's premises. The Contractor shall afford or procure for the purchase every facility and assistance to carry out such inspection. On no account will the Contractor be allowed to proceed with work of any type unless such work has been inspected and entries are made in the site inspection register by BORL / EIL.

14. ASSISTANCE TO BORL:

The Contractor shall render such assistance and supply such labour as may be required by BORL in connection with the works, cost of all such assistance and requirements shall be deemed to be included and covered by the prices quoted in the offer. The Contractor shall make available to BORL all necessary instruments and assistance in checking the setting out of works of and taking measurements of works without extra cost to BORL.

15. ACTION IN CASE OF BAD OR DELAYED WORK:

Where it is found by BORL, the performance of work by the Contractor is not satisfactory in respect of workmanship, deployment of sufficient labour or equipment delay, in execution of work or any other matter, BORL shall have the right to engage labour at the risk and cost of the Contractor and get the work executed through his own or through any other agency and debit the cost in excess of the value as per order to the Contractor and the Contractor shall have no right to claim compensation thereof. In such a case BORL shall have the right to utilise the materials and tools brought by the Contractors for the same work.

16. INSURANCE:

The comprehensive insurance (transit cum storage, erection, till handing over of equipment) shall be in the scope of Owner. However, the inspection of the items for its completeness after receipt and opening of the boxes shall be vendor’s responsibility. Any other insurance as per General Conditions of Contract including but not limited to workmen compensation, third party liability etc., as required by the applicable laws shall be arranged by the vendor and the quoted price is inclusive of the charges for the same.

17. PERMITS, LICENCES ETC.:

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

18. LOCAL AND OTHER AUTHORITIES NOTICES AND FEES:

The Contractor shall comply with and give notices required by any Act or by any Regulation or bye-law of any local or other public authority who have any jurisdiction with regard to the Contractor's work and shall pay and indemnify BORL against any fees/or charges legally demandable under such Act, regulation or bye law in respect of the works.

19. MATERIALS FURNISHED BY OWNER/EIL:

a) The Owner/EIL shall issue from their stores at site such materials, if any, agreed to be furnished to the Contractor elsewhere in this Contract. The Contractor shall collect such materials from the

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stores and transport to his work site at the Contractor's cost.

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

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

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

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

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

g) Surplus from materials furnished by the Contractor can be taken back by the Contractor after acceptance of work.

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

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

21. OTHER FACILITIES:

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

22. DEWATERING:

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

23. COMPLIANCE WITH STATUTORY REGULATIONS:

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

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

c) Any modifications/alterations deletion and/or addition that has to be car ried out to meet

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statutory requirements shall be done at the cost and expense of the Contractor. The Contractor shall not be entitled to any extension in completion date to carry out changes, in order to meet statutory requirements.

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

24. HYPOTHECATION BOND:

For free issue material, the Contractor shall furnish a hypothecation bond as per proforma enclosed before commencement of despatches. This bond shall be executed on a Stamp paper.

25. GENERAL CONDITIONS OF CONTRACT (GCC):

The General Conditions of Contract (GCC) shall be applicable to Site Works.

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DRAFT FOR HYPOTHECATION BOND AN AGREEMENT made this _________________ day of two thousand and BETWEEN ________________________________________ LIMITED a Company incorporated under the Indian Companies Act and having its Registered Office at (hereinafter called "the Contractor") of the one part and BORL, A company incorporated under the Indian Companies Act 1956 and having its registered office at _______________________ , hereinafter called "the Owner" of the other part.

WHEREAS

(1) ____________________________________________________________________ The Owner has entered into an agreement with the Contractor for ___________________ upon the terms and conditions detailed in the Contract No. __________________________ dated ____________________________________________________________________ .

(2) One of the terms and conditions of the said Contract is that the Owner shall advance to the

Contractor a sum of Rs. of the contract price against despatch of materials.

(3) The Owner has at the request of the Contractor agreed to advance to the Contractor the said sum of Rs. _______ against hypothecation of materials despatched by the Contractor for purpose of the said contract.

NOW IT IS HEREBY AGREED AS FOLLOWS

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

(2) THAT the Contractor shall refund to the Owner the said sum of Rs ____________ on demand by the Owner if the Contractor shall commit any breach of the said contract or if the said sum becomes otherwise refundable to the Owner under the said Contract.

(3) THAT subject as hereinafter provided the Contractor shall not except with the prior written consent of the Owner during the continuance of this security, pledge or otherwise charge of encumber the said materials or any part thereof over which the charge hereby created in favour of the Owner shall extend or be expressed or intended to extend nor do or permit any act whereby the security here before expressed to be given to the Owner shall be in any way prejudicially affected.

(4) THAT the Contractor shall at all times and from time to time insure the said materials//keep it insured to its full value against fire, strikes, riots and civil commotion and all other risk as required by the Owner with Insurance Companies approved of by the Owner and the Contractor will on demand produce the policies of insurance and the receipts for insurance premium to the Owner. If the Contractor shall fail to insure or produce the policies or Insurance and Insurance premium receipts as aforesaid the Contractor shall be liable to refund the entire amount remaining outstanding out of the advance on the date of such failure.

(5) THAT in the event of loss, destruction by fire or otherwise or damages to the said materials or any part thereof the Owner shall be entitled to recover and receive all moneys payable in respect of the insurance. In the event of the Owner nor receiving the amount payable in respect of the insurance wholly or partially for any reason whatsoever the Contractor shall be bound to pay to the Owner on demand the said sum, THAT all sums of money recovered or received under the last preceding clause may at the option of the Owner be applied towards the liquidation and satisfaction of the said sum and if any part of the insurance moneys shall remain in the hand of the Owner after such application thereof as aforesaid the Owner shall be entitled to apply the same towards any

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other sum or sums of money which may be due from the Contractor to the Owner on any other account or any other transaction or transactions whatsoever. If after settlement of all claims of the Owner against the Contractor any surplus shall remain, such surplus shall remain at the disposal of the Contractor but if the sum or sums realised from the insurance be insufficient to cover the moneys due to the Owner as aforesaid the Contractor agrees to forthwith repay to the Owner the deficiency.

(7) THAT the Owner, its agents and nominees shall be entitled at all times and without notice

to the Contractor but at the Contractor' s risk and expense and if so required as attorney and the name of the Contractor to enter any place where the said materials may be and inspect value and/or possession of (so that they become pledged) all or any part of the said materials if the said sum or any part thereof become payable under clause 2 hereof and to recover receive or remove and/or sell by public auction or private Contractor or otherwise dispose of or deal with all or any part of the said materials and to enforce realize settle compromise and deal with any rights aforesaid without being bound to exercise any of these powers or being liable for any losses in the exercise thereof and without prejudice to the Owner's rights and remedies of suit or otherwise and notwithstanding there may be any pending suit or other proceeding.

(8) THAT in the event of any conflict between the provisions of these presents and the said contract the provisions of these presents shall prevail and in the event or any dispute or difference arising over the construction of effect of these presents the settlement of which has not been hereinbefore expressly provided for, the same shall be referred to the Arbitrators as per General Purchase Conditions, whose decision shall be final and provisions of these Indian Arbitration Act for the time being in force shall apply to any such reference. IN WITNESS WHERE OF the said Contractor and the Owner have hereunto set their respective hands the day and year first above written. Signed, sealed and delivered in the presence of: Witness:

Signature Name Address

Signed for and on behalf of BORL INDIA LIMITED in the presence of Witness:

Signature Name Address

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BHARAT OMAN REFINERIES LIMITED PO- BORL RESIDENTIAL COMPLEX

BINA, DISTRICT SAGAR MADHYA PRADESH, INDIA- 470124

GENERAL CONDITIONS OF CONTRACT

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INDEX GENERAL CONDITIONS OF CONTRACT

SECTION NO/ CLAUSE NO.

DESCRIPTION

I DEFINITION OF TERMS

II GENERAL INFORMATION

2.1 Location of Site and Accessability

2.2 Scope of Work

2.3 Water Supply

2.4 Power Supply

2.5 Land for Contractor‟s field office, Godown and workshop

2.6 Safety standards for Temporary buildings

2.7 Collection of Data Tenderer‟s Responsibility

2.8 Retired Government or company officers

2.9 Signing of Contract

2.10 Field Management

2.11 Rates to be in Figures and Words

III GENERAL

3.1 Interpretation of Contract Document

3.2 Singular and Plural

3.3 Special Conditionsof Contract

3.4 Contractor to obtain his own information

3.5 Security Deposit/Contract Performance Guarantee

3.6 Time of Performance

3.7 Force majeure

3.8 Extension of time

3.9 Price Reduction due to delay

3.10 Sum payable by way of compensation to be considered as reasonable compensation without reference to actual loss

3.11 Forfeiture of security deposit

3.12 Action when whole of security deposit is forfeited

3.13 Contractor remains liable to pay compensation of action not taken under clause 3.12

3.14 Compensation for alteration in or restriction of work

3.15 Change in constitution

3.16 On Demise of Contractor

3.17 Members of the Owner or individually

3.18 Owner not bound by personal representations.

3.19 Contractor's office at site

3.20 Contractor's subordinate staff and their conduct.

3.21 Subletting of work

3.22 Power of entry

3.23 Contractor's responsibility with the Mechanical Electrical, inter-communication system, air conditioning contractor and other agencies

3.24 Other agencies at site

3.25 Notices

3.26 Rights of various interests

3.27 Right of Owner to determine/ terminate Contract

3.28 Patents and royalties

3.29 Liens

3.30 Operation of Contract

3.31 Scope and Intent

3.32 Type of Contract

3.33 Schedule of Quantities

3.34 Contract Sum

3.35 Contract Bills

3.36 Change of Constitution

3.37 Owner Not Bound By Personal Representations

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DESCRIPTION

3.38 Cancellation Of Contract In Full Or Part

3.39 Typographical Or Clerical Errors

IV PERFORMANCE OF WORKS

4.1 Execution of works

4.2 Coordination and inspection of work

4.3 Work in mansoon and dewatering

4.4 Work on Sundays and holidays

4.5 General conditions for construction and erection work

4.6 Drawings to be supplied by the Owner

4.7 Drawings to be supplied by the Contractor

4.8 Setting out works

4.9 Responsibility for level and alignment

4.10 Materials to be supplied by Contractor

4.11 Materials procured with assistance of Owner

4.12 Materials obtained from dismantling

4.13 Articles of value found

4.14 Discrepancies between instructions

4.15 Alteration in specifications and designs and extra works

4.16 Action where no specification issued

4.17 Abnormal rates

4.18 Inspection of works

4.19 Assistance to engineers

4.20 Test for quality works

4.21 Samples

4.22 Action and compensation in case of bad work

4.23 Suspension of works

4.24 Owner may do part of work

4.25 Possession prior to completion

4.26 Defect Liability Period from the date of issue of completion certificate

V CONTRACTORS FIELD ORGANIZATION/ SUB-CONTRACTORS AND EQUIPMENTS

5.1 Office accommodation's at site

5.2 Contractors field organization and equipment

5.3 Equipment and staff assistance from the Contractor

5.4 Contractor's subordinate staff and their conducts

5.5 Labour

5.6 Sub-contracts

5.7 Labour regulations

5.8 Site order book

5.9 Contractor's responsibility with the mechanical, electrical inter-communication system, Air conditioning contractors and the agencies

5.10 Other agents at site

VI CERTIFICATE AND PAYMENTS

6.1 Schedule of rates and payments

6.2 Procedure for measurement/ billing of work in progress

6.3 Lumpsum items in tender

6.4 Running account payments to be regarded as advance

6.5 Notice of claims for additional payment

6.6 Payment of contractor's bill

6.7 Receipt of payment

6.8 Rates For Same Items of Work

6.9 Deduction for Uncorrected Work

6.10 Fluctuations

6.11 Unfixed Goods And Materials

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DESCRIPTION

6.12 Completion certificate

6.13 Final decision and final certificate

6.14 Certificate and payments no evidence of completion

VII TAXES AND INSURANCE

7.1 Taxes, duties, octroi etc.

7.2 Statutory variations in taxes/duties

7.3 Cenvat

7.4 Insurance

7.5 Damage to property

VIII LABOUR LAWS AND SAFETY REGULATIONS

8.1 Labour laws

8.2 Implementation of apprentices Act 1961

8.3 Contractor to indemnify the Owner

8.4 Health and sanitary arrangements for workers

8.5 Safety regulation

8.6 Arbitration

8.7 Jurisdiction

8.8 Statutory Requirements

IX SAFETY CONDITIONS APPLICABLE TO ALL WORKS

9.1 Compliance with Statutory Requirement

9.2 Implementation of Safety Regulations

9.3 Relevant Indian Standard Codes on Safety

9.4 Contractor‟s Obligation on Safety

9.5 Major Contracts

9.6 Qualification and Experience of Manpower to be deployed

9.7 Health Assurance

9.8 Restrictions in use of manpower and Normal Timings for work

9.9 Training

9.9.1 Mandatory

9.9.2 Training of Contractor's Proprietors, Partners, Directors and Managers

9.9.3 Supervisors Training

9.9.4 Worker's Training

9.9.5 Refresher Training

9.9.6 Administration of Training

9.9.7 Contractors Respobility for Training his employees

9.10 Issue of Entry Pass

9.11 Obligatiion to follow work permit system

9.12 Requirement of supervision

9.13 Use of Personal Protection Equipment

9.14 Hazard Communcation

9.15 Injury Notification and Investigation

9.16 Requirement of House keeping

9.17 Display Board at site

9.18 Participation in safety activities

9.19 Note

Appendix-A : Proforma of Agreement

Appendix-B : Form of Income Tax Clearance Certificate

Appendix-C : Proforma of Bank Guarantee

Appendix-D : Completion Certificate

Appendix-E : Format of Hypotehcation Bond

Appendix-F : Format for InformatioN by Contractor

Appendix-G : Cenvatable Excise Duty Declaration

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GENERAL CONDITIONS OF CONTRACT

SECTION -I

DEFINITION OF TERMS 1.0 In the Contract Documents, as herein defined, where the context so admits, the

following words and expressions will have the following meanings. Any word or phrase defined in the body of the Contract Documents as opposed to being defined in this Clause 1.0, Section 1 of the General Conditions of Contract, shall have the meaning assigned to it in such definition throughout the Contract Document, unless the contrary is expressly stated or the contrary clearly appears from the context:

1.1 “Approved” or “Approval” means an approval granted in writing.

1.2 “Applicable Law” shall mean all statutes, including the act, codes, ordinances,

decrees, rules, regulations, municipal by-laws, judicial or arbitral or administrative or ministerial or departmental or regulatory judgments, orders, decisions, rulings or awards, policies, voluntary restraints, guidelines, or any provisions of such laws, including general principles of common and civil law and equity, binding on or affecting the Parties referred to in the context in which such word is used.

1.3 “Bidder” means the Person who has submitted the Tender to the Owner, for executing

the Work.

1.4 "Contractor" means the Bidder(includes his/ its legal representative, successor and permitted assigns) whose Tender has been accepted by the Owner pursuant to delivery of the Fax of Acceptance.

1.5 "Contract Documents" mean collectively the (i) Tender;(ii) Designs;(iii) Drawings;(iv) Specifications;(v) agreed variations, if any; and (vi) all other document constituting the Tender and acceptance thereof including these General Conditions of Contract and the Special Conditions of Contract.

1.6 "Contract" shall mean the legally binding contract to be entered into between the

Owner and the Contractor in the format prescribed in Annexure [•], for executing the Work, together with all Contract Documents.

1.7 "Completion Certificate" means the certificate to be issued by Engineer-In Charge to the Contractor in accordance with Clause 6.12, confirming the Work assigned to the Contractor by the Owner having been completed, to the satisfaction of EIC.

1.8 "Drawings" includes all maps, plans and tracings or prints thereof with any modifications annexed to the Contract Document Approved in writing by the EIC and such other drawings as may, from time to time, be furnished or Approved in writing by the EIC.

1.9 “Earnest Money” means such amounts as deposited by a Bidder with the Owner, at

the time of submission of its Tender.

1.10 The 'Engineer-in-Charge' (EIC) shall mean the engineer in charge designated as such by the Owner and shall include those who are expressly authorized by the Owner to act for and on his behalf for operation of the Contract.

1.11 "Equipment" means all appliances and equipment of whatsoever nature for the use in

or for the execution, completion, operation of / maintenance of the Work unless intended to form part of the Permanent work.

1.12 "Final Certificate" in relation to a work means the certificate issued by the EIC after the Period of Liability is over.

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1.13 “Fax of Acceptance” or “Fax of Acceptance of Bid” shall mean intimation by the Owner through a Fax/Letter to successful Contractor that his Bid has been accepted in accordance with the provisions contained in the said “Fax of Acceptance of Bid”.

1.14 “Notice in Writing” or “Written Notice” shall mean a notice in written, typed or printed

characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address or registered office of the addressee.

1.15 "Owner" means Bharat Oman Refineries Limited, a company incorporated in India having its registered office at Bharat Oman Refineries Limited, BORL Res. Complex, Bina District: Sagar 470124 , Madhya Pradesh and corporate office at BPCL Refinery, Mahul, Mumbai – 400 074 and shall include their successors or assigns.

1.16 "Permanent Work" means and includes works which will be incorporated in and form a part of the Work to be handed over to the Owner by the Contractor on completion of the Contract.

1.17 "Period of Liability" in relation to a work means the specified period from the date of issue of Completion Certificate up to the date of issue of Final Certificate during which the Contractor stands responsible for rectifying all defects that may appear in the Works.

1.18 “Person” means and includes any natural person, limited or unlimited liability company, corporation (including any non-profit corporation), partnership (whether registered, unregistered, general, limited or unlimited), sole proprietorship, trust, firm, union, unincorporated association, joint venture, joint stock company, Hindu undivided family, estate, court, tribunal, agency, Government, ministry, department, commission, self-regulatory organization, arbitrator, board, or other entity, enterprise, authority, or business organization whether or not required to be incorporated or registered under any Applicable Law or any agency or political subdivision thereof or any other entity that may be treated as a person under Applicable Law.

1.19. “Schedule of Quantities” shall be such as given in the Contract Bill.

1.20 "Subcontractor" means any person or firm or company (other than the Contractor) to whom any part of the work has been entrusted by the Contractor, with the prior written consent of the EIC, and the legal representatives, successors and permitted assigns of such person, firm or company.

1.21 “Site In-Charge” shall have such meaning as ascribed to it in Clause 5.2 below.

1.22 "Specification" shall mean the various technical specifications attached and referred to in the Contract Documents. It shall also include the latest editions, including all addenda / corrigenda, of relevant Indian Standard Specifications, specifications of the other countries published before entering into Contract.

1.23 "Tender" means the tender submitted by the Contractor for acceptance by the Owner.

1.24 The Site" means the areas on which the Works are to be executed or carried out

and any other places provided by the Owner for purpose of the Contract. 1.25 "Work" shall mean the works to be executed in accordance with the Contract or part

thereof as the case may be and shall include extra, additional, altered or substituted works as required for purpose of the Contract.

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SECTION – II

GENERAL INFORMATION 2.1 LOCATION OF SITE & ACCESSIBILITY 2.1.1 The Owner is operating a grass-root Refinery of 6 MMTPA at Bina in the State of

Madhya Pradesh. 2.1.2 The Site is located at a distance of 17 km from Bina town/ Bina Railway Junction. The

nearest railway station is Agasod – Bina. The nearest port is Kandla, which is approx. 700 km from the Site. The nearest airport is at Bhopal, which is approx.150 km.

2.1.3 Non-availability of access roads or permits or entry of vehicles and equipment's to any

specific area shall, in no case be the cause to condone any delay in the execution of the Works or be the cause for any claims by the Contractor for extra compensation.

2.2 SCOPE OF WORK

The scope of work shall be as set out in the Schedule of Rate(s), Special Conditions of Contract, Scope of Work (SOW) and specifications. The Contractor shall provide all necessary materials, equipment, labour etc. for the execution and maintenance of the Work till completion unless otherwise mentioned in Annexure SOW or other Contract Document All material that go with the Work to be used by the Contractor shall be Approved by Engineer-in-Charge, prior to procurement and use. The Contractor shall secure all such Approvals from the EIC at the earliest, so as to ensure that seeking such Approvals does not delay the execution of the Work by the Contractor, since time is of the essence of the Contract.

2.3 WATER SUPPLY

Contractor will make his own arrangement for supply of water. All pumping installation, pipe net work and distribution system will have to be carried out by the Contractor at his own cost. 2.4 POWER SUPPLY

The Contractor will make his own arrangement for power supply/ Portable generators as required. All the works will be done as per IEA regulations and passed by the Engineer-in-Charge. The temporary line will be removed forthwith after the completion of the work or if there is any hindrance caused to other works due to the alignment of these lines, the contractor will reroute or remove the temporary line at his own cost. Owner shall not, however, arrange the supply of electricity.

2.5 LAND FOR CONTRACTOR'S FIELD OFFICE, GODOWN ANDWORKSHOP The Owner may, at its discretion and convenience and for the duration of the execution of the Work, make available near the Site, limited land for the construction of Contractor's field office, godowns, workshop and assembly yard required for the execution of the Contract. The Contractor shall at, its own cost and expense, construct all such temporary buildings and provide suitable water supply and sanitary arrangement, as approved by the Engineer-in-Charge. The Contractor hereby covenants that the Contractor shall, upon completion of the Work undertaken by the Contractor under the Contract, remove all such temporary structures erected and have the area provided by the Owner near the Site cleaned, as directed by EIC, to the satisfaction of Engineer-in-Charge. If the Contractor fails to comply with these requirements, the Engineer-in-Charge may, at the cost, risk and expense of the Contractor, remove all such structures and dispose off the debris as the EIC deems fit and get the Site cleared as aforesaid. The

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Contractor shall forthwith be required to pay all expenses so incurred in this regard and shall have no claim in respect of any such debris disposed off, as aforesaid. Notwithstanding anything contained in this Clause 2.5, the Owner reserves the right to direct the Contractor for security reasons or for material interest or otherwise, at any time during the pendency of the Contract, to vacate the land provided by the Owner, as set out hereinabove, by serving a 7 (seven) days‟ notice to the Contractor.

2.6 SAFETY STANDARDS FOR TEMPORARY BUILDINGS

All temporary buildings, sheds, workshops, field station etc. be constructed by the Contractor, shall be in conformation with the safety and security regulations of the local laws and bye-laws of the area/ State of Madhya Pradesh, as regards the type of structure.

2.7 COLLECTION OF DATA – BIDDER’S RESPONSIBILITY

The Bidder shall be deemed to have visited the Site and its surroundings, to acquaint himself fully of the Site and no claims whatsoever will be entertained on the plea of ignorance or difficulties involved in execution of Work or carriage of materials.

2.8 RETIRED GOVERNMENT OR OWNER’S OFFICERS

No engineer of Gazetted rank or other Gazetted officer, employed in engineering or administrative duties in an engineering department of any State/ Central Government or of the Owner (“Ex Government Employee”) is allowed to work as a Contractor or its employee/ consultant/ advisor for a period of 2 (two) years from the date of his retirement from Government service or the employment of the Owner, without the previous written consent of the Owner. The Contract, if awarded, is liable to be canceled by the Owner, without cause or liability, if either the Contractor or any of its employees is found, at any time, to be an Ex Government Employee executing any part of the Work without obtaining the permission of the relevant State / Central Government or of the Owner before submission of Tender, or engagement in the Contractor's service as the case may be.

2.9 SIGNING OF THE CONTRACT

Refer Special Conditions of Contract. Failure on the part of the successful Bidder to sign the Contract within the time period stipulated in Clause 2.9.1 above shall lead to forfeiture of Earnest Money deposited by the Bidder at the time of submission of its Tender and the acceptance issued by the Owner to such Bidder‟s Tender shall be considered as withdrawn and canceled, without any obligation towards such Bidder.

2.10 FIELD MANAGEMENT 2.10.1 The field management will be the responsibility of the Engineer-in-Charge. The

Engineer-in-Charge may also authorize one or more of his representatives to perform his duties and functions.

2.10.2 Coordination of Work - The Engineer-in-Charge shall coordinate the work of various agencies engaged at Site so as to ensure minimum disruption of work carried out by different agencies simultaneously. It shall be the responsibility of the Contractor to plan and execute the Work strictly in accordance with the Site instructions and instructions issued by the EIC, to avoid hindrance to the works executed by other agencies/ contractors. 2.11 RATES TO BE IN FIGURES AND WORDS

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The Bidder should quote in English, both in figures as well as in words, the rates and amounts tendered by the Bidder in the Schedule of Rates of Tender, submitted by the Bidder for each item and in such a way that interpolation is not possible. The amount for each item should be worked out and entered and requisite total given of all items be in both figures and words. The tendered amount for the Work shall be entered in the Tender, duly executed by the Bidder. In the event of any discrepancies between the rates in figures and words or the amount shown in the Tender, the following procedure shall be followed by the Owner, to clear such discrepancy:

a) When there is difference between the rates in figures and words, the rate which corresponds to the amount worked out by the Bidder shall be taken as correct.

b) When the rate quoted by the Bidder in figures and words tally but the

amount is incorrect, the rate quoted by the Bidder shall be taken as correct.

c) When it is not possible to ascertain the correct rate by either of above

methods, the rate quoted in words shall be taken as correct.

d) If the total amount written against an item does not correspond to the rate written in figures and if the rate in words is not written by the bidder, then the higher of the rates, i.e. higher of the rate worked out by dividing the amount by the notional quantity or the rate quoted, shall be considered for evaluation. In the event that such a bid is determined as the lowest bid, the lower of the rates shall be considered for award of works.

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SECTION – III

GENERAL TERMS OF CONTRACT 3.1 INTERPRETATION OF CONTRACT DOCUMENT 3.1.1 Should there be any discrepancy, inconsistency, error or omission in the Contract or any

Contract Document, such discrepancy, inconsistency, error 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 Contractor agrees that the decision of the Engineer-in-Charge shall be final and conclusive and the Contractor shall carry out Work, strictly in accordance with this decision.

3.1.2 Work shown upon the Drawings but not mentioned in the Specifications or described in

the Specifications 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.

3.1.3 Headings and marginal notes to the clauses of these General Conditions of Contract or

to Specifications or to any other Contract Document are solely for the purpose of giving a concise indication and not a summary of the contents thereof, and they shall never be deemed to be part thereof or be used in the interpretation or construction thereof of the Contract.

3.1.4 References to a statute or statutory provision include (a) that statute or provision as from time to time modified, re-enacted or consolidated; and (b) any subordinate legislation made from time to time under that statute or statutory provision.

3.1.5 The words “including”, “include”, “in particular” and words of similar effect shall not be deemed to limit the general effect of the words that precede them.

3.1.6 References to „employees‟, „consultants‟, of the Contractor or „workmen‟ appointed by the Contractor shall deem to include a reference to the employees, directors, agents and/or workmen of the Contractor and any Sub-contractors appointed by the Contractor.

3.2 SINGULAR AND PLURAL

In these Contract Documents unless otherwise stated specifically, the singular shall include the plural and vice-versa wherever the context so requires.

3.3 SPECIAL CONDITIONS OF CONTRACT 3.3.1 Special Conditions of Contract shall be read in conjunction with these General

Conditions of Contracts, Specifications, Drawings and any other documents forming part of the Contract Documents, wherever the context so requires.

3.3.2 Notwithstanding the subdivision of the documents into these separate sections and

volumes every part of each shall be deemed to be supplementary to and complementary of every other part and shall be read with and into the Contract so far as it may be practicable to do so.

3.3.3 Where any portion of these General Conditions of Contract is repugnant to or at

variance with any provisions of the Special Conditions of Contract then, unless a different intention appears, the provisions of the Special Conditions of Contract shall be deemed to override the provisions of the General Conditions of Contract and shall to the extent of such repugnancy or variations, prevail.

3.3.4 Wherever it is mentioned in the Specifications and/or the Contract Documents that the

Contractor shall perform certain Work or provide certain facilities, it is understood that the Contractor shall do so at its own cost, risk and expense.

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3.3.5 The materials, design and workmanship shall satisfy the relevant Indian Standards, the job specifications contained herein and codes referred to. Where the job specifications stipulate requirements, in addition to those contained in the standard codes and specifications, these additional requirements shall also be satisfied.

3.4 CONTRACTOR TO OBTAIN HIS OWN INFORMATION The Bidder, in fixing its rate shall for all purposes whatsoever be deemed to have

himself independently obtained all necessary information for the purpose of preparing the Tender. The correctness of the details given in the Contract Documents to help the Bidder to make up the Tender is not guaranteed in any manner whatsoever.

The Bidder shall be deemed to have examined the Contract Documents, to have

generally obtained its own information, in all matters whatsoever that might affect the carrying out the Works at the Scheduled Rates and to have satisfied itself to the sufficiency to its Tender. Any error in description of quantity or omission there from shall not vitiate the Contract or release the successful Bidder/ Contractor from executing the Work comprised in the Contract according to Drawings and Specifications at the Scheduled Rates. The Bidder is deemed to have known the scope, nature and magnitude of the Works, the requirements of the Owner under the Tender, the requirement of materials and labour involved etc. and as to what all Works the Bidder has to complete, in accordance with the Contract Documents whatever be the defects, omissions or errors that may be found in the Contract Documents. The Bidder shall be deemed to have visited the Site and its surroundings, to have satisfied itself to the nature of all existing structures, if any, roads, bridges and culverts, means of transport and communications, whether by land, water or air, and as to possible interruptions thereto and the access to and regress from the Site, to have made enquiries, examined and satisfied itself as to the Site for obtaining sand, stones, bricks and other materials, the sites for disposal of surplus materials, the available accommodation as to whatever required, depots and such other buildings as may be necessary for executing and completing the Works, to have made local independent enquiries as to the subsoil water and variations thereof, storms, prevailing winds, climatic conditions and all other similar matters affecting these Works. The Bidder is deemed to have acquainted himself as to its liability for payment of Government taxes, customs duty and other charges. No claims whatsoever will be entertained by the Owner from the Contractor, on plea of ignorance or difficulties involved in execution of Work or carriage of materials at the Site or any other reason whatsoever.

Any neglect or failure on the part of the Contractor in obtaining necessary and reliable information upon the foregoing or any other matters affecting the Contract shall not relieve it from any risks or liabilities or the entire responsibility from completing the Works at the Schedule 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 shall in any way affect or modify any of the terms or obligations herein contained.

3.5 SECURITY DEPOSIT 3.5.1 A sum of 10% of the total Contract Value of the Tender shall be deposited by the

Contractor as security deposit with the Owner (“Security Deposit”)This may be deposited initially at 2.5% of the value of contract (referred as initial Security Deposit) within 10 days of receipt by him of the notifications of acceptance of tender and the balance 7.5% will be recovered in installments through deductions at the rate of 10% of the value of each running account bill till the total security deposit amount is collected, after which no further deductions from bills will be made on this account, subject to clause 3.5.3 below. The Earnest Money deposited with the Tender shall be adjusted towards Security Deposit, provided, it is furnished by demand draft Alternatively, the Contractor may, at his option, deposit the full amount of 10% of the accepted value of the tender towards the Security Deposit within 10 days of receipt by him of the notifications accepting his tender.

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3.5.2 Contractor can also furnish the Security Deposit amount through a Bank Guarantee

from schedule 'A' Bank in the form prescribed under Appendix C to the satisfaction of the Owner.

3.5.3 If the Contractor / subcontractor 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 if recovery from other sources is not possible.

3.5.4 Notwithstanding anything to the contrary contained in this Agreement, but subject to

Clause 3.5.7, all compensation or other sums of money payable by the Contractor to the Owner under terms of the Contract may, at the option of the Owner, be deducted or set off from (a) any sums which may be due or may become due to the Contractor by the Owner on any account whatsoever; or (b) by way of invocation of the Security Deposit/Contract Performance Guarantee. In the event of his Security Deposit or Contract Performance Guarantee being reduced by reasons of any such deductions or invocation as aforesaid, the Contractor shall within three days from such reduction/ invocation, make good in cash, bank draft or Government Securities endorsed as aforesaid any sum or sums which may have been deducted from or realized out of his Security Deposit or Contract Performance Guarantee, or any part thereof. No interest shall be payable by the Owner from sum deposited as Security Deposit/ Contract Performance Guarantee.

3.5.5 The Security Deposit / Contract Performance Guarantee 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/ Contract Performance Bank Guarantee 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/Contract Performance Guarantee.

3.5.6 The Contractor shall ensure that the bank guarantee towards security deposit shall be

kept valid till three months after the expiry of the Defect Liability Period and thereafter satisfactory completion/ rectification of defects and after making necessary adjustment for any defect left unattended, the security deposit in Cash or Bank Guarantee as applicable shall be released.

3.5.7 Notwithstanding anything to the contrary contained in this Contract, the Parties agree that any remedies available to the Owner under this Contract for recovery of amounts claimed by the Owner from the Contractor (including indemnification rights) are independent of, and in addition to, such other rights and remedies as the Owner may have under this Contract, law or in equity or otherwise, including the right to seek damages, specific performance, rescission, restitution or other injunctive relief, none of which rights or remedies shall be affected or diminished thereby

3.6 TIME OF PERFORMANCE

3.6.1 The work covered by this contract shall be commenced within five working days after the receipt of the Fax of Acceptance of Bid or the period as mentioned in Fax of Acceptance of Bid or Receipt of instructions to commence work whichever is later 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. 3.8. Request for revision of Construction time after tenders are opened will not be considered. 3.6.2 TIME SCHEDULE OF CONSTRUCTION

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The general time schedule of construction is given in the tender document. Contractor should prepare a detailed monthly or weekly construction program 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 construction given includes the time required for testing, rectification's, if any, retesting and completion in all respects to the entire satisfaction of the Engineer-in-Charge. 3.7 FORCE MAJEURE 3.7.1 Events of Force Majeure

“Events of Force Majeure” shall mean any event or circumstance that adversely affects,

prevents or delays any party to the Contract in the performance of its obligations in accordance with the terms of the Contract Documents, but only if and to the extent that such events and circumstances are not within the affected party‟s reasonable control, directly or indirectly, and which the affected party could not have prevented through the employment of prudent utility practices or through reasonable skill and care, and which the party cannot remedy by exercise of due diligence.

3.7.2 Effect of Force Majeure - Should any Event of Force Majeure prevent or delay the performance by a party of any of its obligations under the Contract then, provided that notice is given to the party in accordance with the provisions of clause 3.7.4, the party which is prevented or delayed in the performance of its obligations shall be excused from performance or performance in accordance with the time specified herein, for so long as the relevant Event of Force Majeure continues and to the extent that such party‟s performance is prevented, hindered or delayed thereby..

3.7.3 Instances of Force Majeure

Events of Force of Force Majeure shall include, without limitation, but subject to the provisions of clause 3.7.1, the following: a. Acts of God b. Acts of war or the public enemy whether war be declared or not. c. Public disorders, insurrection, revolution, rebellion, sabotage, riots or violent

demonstrations; and d. Explosions, fires, earthquakes or other natural calamities and e. Strikes or lockouts or other industrial action by workers or employees.

3.7.4 Notice of Force Majeure: Procedure

If either party desires to invoke an Event of Force Majeure as a cause for delay in the performance of any obligation hereunder, that party shall, not later than 7 days after the commencement of such Event of Force Majeure or at such time as a notice can be practically given if the Event of Force Majeure prevents the giving of notice, give written notice to the other party as detailed below: a) the date of commencement and nature of the Event of Force Majeure; and

b) the date on which the Event of Force Majeure terminated (if before the date of

notice) or alternatively, if the Event of Force Majeure is continuing, its expected duration, to the extent known by the notifying party.

3.7.5 Mitigation of delay

The party affected by the Event of Force Majeure shall use all reasonable efforts to prevent and reduce to a minimum and mitigate the effect of any delay occasioned by any Event of Force Majeure, including recourse to alternate acceptable sources of services, materials and supplies and ways of executing the Work and reasonable adjustment of work activities.

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3.7.6 Costs During Force Majeure

In the Event of Force Majeure conditions occurring, each party shall bear its own costs incurred resulting from such event(s).

3.8 EXTENSION OF TIME

If the Contractor desires an extension of the time for completion of the Work on grounds of it having been unavoidably hindered in its execution or on any other grounds due to a Force Majeure Event, the Contractor shall apply, in writing to the Engineer-in-Charge at the earliest and not later than 7 days of the date of such hindrance detailing the grounds and reasons on account of which the Contractor desires such extension. The Engineer-in-Charge shall, if in his opinion (which shall be final), considers the grounds set out by the Contractor as reasonable grounds, authorize such extension of time as the EIC may, in his opinion seems it to be necessary and proper, provided such extension in time is granted only once. Should the Force Majeure condition continues beyond reasonable period, of which Engineer-In-Charge will be sole judge, the Owner will be entitled to terminate the Contract and process final bill based on value of Work already done by the Contractor.

3.9 PRICE REDUCTION DUE TO DELAY

The time allowed for carrying out the work as entered in the Contract, shall be strictly observed by the Contractor. The work shall throughout the stipulated period of the contract be proceeded with all the diligence (time being essence of the Contract) and the contractor shall pay to the Owner as price reduction, an amount equal to 1/2% (half percent) of the contract value, for every week of delay or part thereof, subject to a maximum price reduction of 5% (five percent) of the contract value. 3.10 SUM PAYABLE BY WAY OF PRICE REDUCTION TO BE CONSIDERED AS

REASONABLE PRICE REDUCTION WITHOUT REFERENCE TO ACTUAL LOSS All sums payable by way of price reduction under any of the conditions shall be considered as reasonable price reduction without reference to the actual loss or damage which shall have been sustained by the Owner.

3.11 FORFEITURE OF SECURITY DEPOSIT

Notwithstanding anything contained herein, whenever any claim against the Contractor for the payment of any sum of money arises out of or under the Contract or the Work or in relation to carrying out the Work, the Owner shall, at its option and without prejudice to any other rights and entitlements it may have under other Contract Documents, under Applicable Laws or equity, be entitled to recover such sum by appropriating in part or whole, the Security Deposit of the Contractor, and to sell any Government securities etc. forming part of such security, in the event the Security Deposit/Contract Performance Guarantee amount is insufficient to fulfil the dues of the Contractor against the Owner, the Owner shall be entitled to recover the balance amounts due payable by the Contractor by deducting the said amounts from any sums then due and payable by the Owner to the Contractor or which at any time thereafter may become due payable to the Contractor, till such time the Owner has not recovered its entire due amounts. The Contractor shall pay to the Owner forthwith on demand, any balance amounts remaining due.

3.12 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED 3.12.1 In any case in which under any clause or clauses of the Contract, the Owner shall have

forfeited the whole of the Security Deposit and Contract Performance Guarantee (whether paid in one sum or deducted by installment) or the Contractor would have committed a breach of any of the terms contained in the Contract or would have shown its inability to pay the amounts payable in terms of Clause 3.10, the Owner shall, at its

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option, have the right, subject to Clause 3.5.7 to adopt any of the following recourses as the Owner may deem best suited to his interest and investments: 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/ contract performance guarantee of the Contractor shall stand forfeited and be absolutely at the disposal of the Owner.

b) To deploy an agency to carry out the Work or any part of the Work, debiting Contractor with the cost paid to such agency plus 10% (to cover all departmental charges) for which a certificate of the Engineer-in-Charge shall be final and conclusive against the Contractor 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.

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.

3.12.2 In the event of any of the above recourses being adopted by the Owner at its discretion,

the Contractor shall have no claim to compensation for any loss sustained by the Contractor by reason of it having purchased or procured any materials or Equipment or incurred or suffered any other expenses or entered into any agreements/ sub-contracts or made any advances on account of or with a view to the execution of the Work of the performance of the Contract. The Contractor shall not be entitled to recover or be paid any sum for any Work actually performed under the Contract unless the Engineer-in-Charge certifies in writing, the performance of such work, and the value payable in respect thereof and the Contractor shall only be entitled to be paid the value so certified by the Engineer-in-Charge.

3.13 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION OF ACTION NOT

TAKEN UNDER CLAUSE 3.12. In any case in which any of the rights conferred upon the Owner by Clause 3.12 hereof shall have become exercisable and the same had not been exercised by the Owner, the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such rights shall, notwithstanding be exercised by the Owner in the event of any further case of default by the Contractor, for which by any clause hereof the Contractor is declared liable to pay compensation and the liability of the Contractor for past and future compensation shall remain unaffected. In the event of the Owner putting in force the rights under sub-clause (a), (b) or (c) vested in him under the preceding clause, the Owner may, if it so desires take possession of all or any Equipments, plant, machinery, materials and stores in or upon the Works or the Site thereof belonging to the Contractor or procured by the Contractor and intended to be used for the execution of the Work or any part thereof paying or allowing for the same in account at the contract rates or in case of these not being applicable at current market rates to be certified by the Engineer-in-Charge whose certificate thereof shall be final otherwise the Engineer-in-Charge may give notice in writing to the contractor or his clerk of the works, foreman or other authorized agent, requiring him to remove such tools, plant, materials or stores from the premises (within a time to be specified in such notice), and in the event of the contractor failing to comply with any such requisition, the Engineer-in-Charge may remove them at the contractor's expense or sell them by auction or private sale, at the cost, risk and expense of the Contractor and without any further notice as to the date, time or place of sale and utilize such amounts towards completing the Work or not sell the equipment‟s and use the same, at the cost and expense of the Contractor, to complete the Work originally assigned to the Contractor. In such eventuality, the Owner shall book only the cost of labour etc. in the name of the Contractor and not the cost of

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material seized by the Owner, to be utilized for completing the Work. In the event the equipment‟s are sold, in the manner set out hereinabove, any additional amount left with the Owner from such sales, after recovering all its cost and expenses shall be refunded by the Owner to the Contractor. A certificate of the Engineer-in-Charge in relation to the value at which the material/ Equipment is sold and/or cost incurred in completing the Work shall be final, conclusive and binding on the Contractor and no disputes shall be entertained by the Owner in this regard, except for granting the Contractor a reasonable opportunity to present its case before the EIC alone.

3.14 COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK If at any time from the commencement of the Work, the Owner, for any reasons whatsoever not require the whole or part of the Work as specified in the Tender, to be carried out, the Engineer-in-Charge shall give notice in writing of the same to the Contractor, who shall have no claim to any payment or compensation whatsoever including on account of any profit or advantage which the Contractor might have derived from the execution of the Work in full, but which the Contractor did not derive, in consequence of the full amount of the Work not having been carried out. The Contractor further shall have no claims 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.

3.15 CHANGE IN CONSTITUTION

Where the Contractor is a partnership firm the prior Approval, in writing, of the Owner shall be obtained before any change is made in the constitution of the firm - Where the Contractor is an individual or a Hindu undivided family business concern, such Approval as aforesaid shall likewise be obtained before Contractor enters into any agreement with other parties where under, the reconstituted firm/ other Person would have the right to carry out the Work hereby undertaken by the Contractor. In either case if prior Approval as aforesaid is not obtained, the Contract shall be deemed to have been allotted in contravention of Clauses 3.21 hereof and the same action may be taken and the same consequences shall ensure as provided in the said clause.

3.16 ON DEMISE OF CONTRACTOR

Without prejudice to any of the rights or remedies under the Contract, if the Contractor (being an individual) dies, the Owner shall have the option of terminating the Contract without compensation to the legal heirs of the Contractor.

3.17 MEMBERS OF THE OWNER OR INDIVIDUALLY

No director or official or employee of the Owner shall, in any way be personally bound or liable for the acts or obligations of the Owner under the Contract or answerable for any default or omission in the observance or performance of any of the acts, matters or things which are herein contained.

3.18 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS

The Contractor shall neither be entitled to increase the Schedule of Rates after submitting the Tender nor shall have any other right or claim whatsoever by reason of representation, explanation or statement or alleged representation, promise or guarantees given or alleged to have been given to him by any Person.

3.19 CONTRACTOR'S OFFICE AT SITE

The Contractor shall provide and maintain an office at the Site for the accommodation of its agent and staff and such office shall be open at all reasonable hours to receive instruction, notices, or other communications from the Owner.

3.20 CONTRACTOR'S SUBORDINATE STAFF AND THEIR CONDUCT

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3.19.1 The Contractor shall, within a period of 7 days from the date of execution of the Contract, name and depute a qualified engineer having sufficient experience in carrying out work of similar nature, to whom the equipment‟s, materials, if any, shall be issued and instructions for works given. The Contractor shall also provide, to the satisfaction of the Engineer-in-Charge, sufficient and qualified staff to superintend the execution of the Works, competent sub-agents, foreman and leading hands including those specially qualified by previous experience to supervise the type of works comprised in the Contract, in such manner as will ensure Work of the best quality and expeditious working. Whenever in the opinion of the Engineer-in-Charge, additional properly qualified supervision staff is considered necessary, they shall be employed by the contractor without additional charges on account thereof. The Contractor shall ensure to the satisfaction of the Engineer-in-Charge that Subcontractors, if any shall provide competent and efficient supervision over the work entrusted to them.

3.19.2 If and whenever any of the Contractor's or Subcontractor's agents, sub-agents,

assistants, foreman or others employees are, in the opinion of Engineer-in-Charge, guilty of any misconduct or are incompetent or insufficiently qualified or negligent in the performance of their duties hereunder or that in the opinion of the Owner or Engineer-in-Charge, it is undesirable for administrative or any other reason for such person or persons to be employed for executing the Works, the Contractor, if so directed by the Engineer-in-Charge, shall at once remove such person or persons from employment thereon or services. Any person or persons so removed from the Works shall not again be employed or appointed in connection with the Works without the written permission of the Engineer-in-Charge. Any person so removed from the Works shall be immediately replaced by the Contractor, at its own expense, by another qualified and competent substitute, should the contractor be requested to repatriate any person removed from the works he shall do so and shall bear all costs in connection herewith.

3.19.3 The Contractor shall be responsible for the proper behavior of all its staff and its

Subcontractor(s) staff, foreman, workmen, and others and shall exercise a proper degree of control over each of them and in particular and without prejudice to the said generality, the Contractor shall be bound to prohibit and prevent any employees from tress-passing or acting in any way detrimental or prejudicial to the interest of the Owner or the community or of the properties or occupiers of land and properties in the neighborhood and in the event of such employee so trespassing, the Contractor shall be responsible there for and relieve the Owner of all consequent claims, actions, losses and/or damages or injury or any other grounds whatsoever. The decision of the Engineer-in-Charge upon any matter arising under this Clause shall be final and binding on the Contractor.

3.19.4 If and when required by the Owner, all Contractors personnel entering upon the

Owner‟s premises shall be properly identified by badges of a type acceptable to the Owner which must be worn by such personnel, all times during the period they are at the Owner‟s premises.

3.21 SUB LETTING OF WORK

i) No part of the Contract nor any share or 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 writing of the Owner.

ii) Subcontractors for temporary works etc. - The Owner may at its discretion give

written consent to subcontractor for execution of any part of the works at the site, being entered into by the Contractor provided each individual subcontract is submitted to the Engineer-in-Charge before entered into and is approved by him.

iii) List of subcontractors to be supplied - At the commencement of job the

contractors shall furnish to the Engineer-in-Charge list of all subcontractors or firms for approval with particulars of the general nature of the subcontract or works.

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iv) Contractor's liability not limited by Subcontractors: Notwithstanding any

subletting or Subcontracting 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 all acts of the Subcontractor and its employees/ workmen/ agents for the quality and proper and expeditious execution of the Works and the performance of all the conditions of the Contract in all respects as if such subletting or subcontracting had not taken place and as if such work had been done directly by the Contractor.

v) Owner may terminate subcontracts: If any Subcontractor 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 require him to terminate such subcontract and the Contractor upon the receipt of such notice shall terminate such subcontract and the latter shall forthwith leave the works, failing which the Owner shall have right to remove such subcontractors from the site.

vi) No remedy for action taken under this clause: No action taken by the Owner

under the clause shall release the Contractor of any of its liabilities under the Contract or give rise to any right to compensation, extension of time or otherwise failing which the Owner shall have the right to remove such subcontractors from the site.

The Contractor shall be responsible to cause its Subcontractors to comply with all Applicable Laws and permits, and shall assume liability for all acts or omissions of any Subcontractor as if the acts or omissions were the acts or omissions of the Contractor. All references to the acts, omissions or negligence of the Contractor shall be deemed to include a reference to the acts, omissions or negligence of its Subcontractors.

The Operator shall ensure that all agreements with Subcontractors include language which will effectively subjugate such agreements to the Contract. The Contractor shall also ensure that appropriate language shall be included in all such agreements with Subcontractors which ensures that all rights/ benefits accruable to the Contractor out of such agreements is irrevocably assigned to the benefit of the Owner and the Owner shall always have the right to enforce such beneficial rights.

3.22 POWER OF ENTRY

If the Contractor shall not commence the Work in the manner previously described in the Contract or if he shall, at any time in the opinion of the Engineer-in-Charge.

i) Fail to carryout the Works in conformity with the Contract Documents, or ii) Fail to carryout the Works in accordance with the time schedule, or iii) suspend the Work or the Works for a period of seven days without authority from the

Engineer-in-Charge or

iv) Fail to carryout and execute the Works to the satisfaction of the Engineer-in-Charge, or

v) Fail to supply sufficient or suitable constructional plant, Equipment, temporary works, labour, materials or things, or

vi) Commit or suffer or permit any other breach of any of the provisions of the Contract

Documents on its part to be performed or observed or persist in any of the above mentioned breaches of the Contract for the seven days, after notice in writing shall have been given to the Contractor by the Engineer-in-Charge requiring such breach to be remedied, or

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vii) Abandon the Works, or

viii) During the continuance of the Contract, become bankrupt, is generally unable to pay

debts as they become due, make any arrangement or composition with its creditors, or permit any execution to be levied or go into liquidation whether compulsory or voluntary (including but not limited to appointment of a provisional manager, trustee or liquidator) not being merely a voluntary liquidation for the purpose of amalgamation or reconstruction then in any such case.

Then in any one or more instances mentioned above, the Owner shall have the right to terminate the Contract in accordance with the provisions of this Contract.

The Owner shall have, without prejudice to other rights and remedies available to it under the Contract Documents, Applicable Laws or in equity, the right to enter upon the works and take possession thereof and of the materials, temporary works, Equipment‟s (belonging to the Contractor), and stock thereon, and to revoke the Contractor's license to use the same, and to complete the works, by its agents, other contractor or workmen, or to relate the same upon any terms and to such other person, firm or corporation as the Owner in its absolute discretion may think proper to employ and for the purpose aforesaid to use or authorize the use of any materials, temporary works, Equipment‟s and stock as aforesaid without making payment or allowance to the Contractor for the said material other than such as may be certified in writing by the Engineer-in-Charge to be reasonable, and without making any payment or allowance to the Contractor for the use of the temporary said works, Equipment‟s and stock or being liable for any loss of damage thereto, and if the Owner shall by reason of its taking possession of the works or of the works being completed by other contractors (due account being taken of any such extra work or works which may be omitted) then the Owner shall, without prejudice to the other rights and remedies, have the right to deduct amount of such excess as certified by the Engineer-in-Charge from the Security Deposit, Contract Performance Guarantee and/or any money which may be due for work done by the Contractor under the Contract and not paid for. Any deficiency shall forthwith be made good and paid to the Owner by the Contractor and the Owner shall have power to sell in such manner and for such price as he may think fit all or any of the Equipment‟s, materials etc. constructed by or belonging to and to recoup and retain the said deficiency or any part thereof out of the proceeds of the sale.

3.23 CONTRACTOR'S RESPONSIBILITY WITH THE MECHANICAL, ELECTRICAL,

INTERCOMMUNICATION SYSTEM, AIR CONDITIONING CONTRACTORS AND OTHER AGENCIES

3.23.1 Without repugnance to any other condition, it shall be the responsibility of the Contractor

executing the Work in close co-operation and co-ordinate the works with other contractors at the Site or their authorized representatives.

3.23.2 The Contractor shall conform in all respects with the provisions of any Applicable Laws or bye-laws of any local or duly constituted authorities or public bodies which may be applicable form time to time to the Works or any temporary works. The Contractor shall keep the Owner indemnified against all penalties and liabilities of every kind arising out of non-adherence to such statutes, ordinances, Applicable Laws, rules, regulations etc.

3.24 OTHER AGENCIES AT SITE 3.24.1 The Contractor shall have to execute the Work in such place and condition where other

agencies will also be engaged for other works. No claim shall be entertained to works being executed in the above circumstances.

3.25 NOTICES 3.25.1 Any notice, letter, documents to be given hereunder by the Owner or the Engineer-in-

Charge may be served on the Contractor or its duly authorized representative at the Site or may be served by registered mail direct to the address furnished by the Contractor.

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Proof of issue of any such notice could be conclusive of the Contractor having been duly informed of all contents therein. Any communications to be given by the Contractor to the Owner shall be valid when given in writing by registered mail and speed post directed to the address furnished by the Owner. Any such notices and other documents shall: (a) if delivered by hand, be deemed to have been given and received at the place

of receipt on the date of delivery; (b) if mailed, be deemed to have been given and received at the place of receipt

on the date of actual receipt. In the event of postal disruption, such notices or documents must either be delivered personally or sent by facsimile transmission.

3.26 RIGHTS OF VARIOUS INTERESTS

i) The Owner reserves the right to distribute the Work between more than one contractor. The Contractor shall cooperate and afford other contractors reasonable opportunity for access to the works for the carriage and storage of materials and execution of their works.

ii) Wherever the Work being done by any department of the Owner or by other

contractors appointed by the Owner is contingent upon work covered by the Contract, the respective rights of the various interests involved shall be determined by the Engineer-in-Charge to secure the completion of the various portions of the work in general harmony.

3.27 RIGHT OF OWNER TO DETERMINE/ TERMINATE CONTRACT

i) In addition to other grounds set out in these General Conditions of Contract elsewhere, the 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 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, to the satisfaction of the Owner 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 therefore, shall be the conclusive proof of the fact that the Contract has been so determined and terminated by the Owner.

ii) Should the Contract be determined under sub-clause (i) 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. The Contractor‟s submission of the Tender shall be considered to be its deemed acceptance of all terms of the Contract Documents including this clause.

3.28 PATENTS AND ROYALTIES 3.28.1 The Contractor, if licensed under and patent covering equipment, machinery, materials

or compositions of matter to be used or supplied or methods and process to be practiced or employed in the performance of the Contract, agrees to pay all royalties and license fees which may be due with respect thereto. If any equipment, machinery, materials or composition of matters, to be used or supplied or methods and processed to be practiced or employed in the performance of the Contract is covered by a patent under which the Contractor is not licensed then the Contractor before supplying or using the equipment, machinery materials, composition method or processes shall obtain such

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licenses and pay such royalties and license fees as may be necessary for performances of the Contract. In the event the Contractor fails to pay any such royalty or obtain any such license, any suit for infringement of such patents which is brought against the contractors or the Owner as a result of such failure will be defended by the Contractor at its own expense and the Contractor will pay any damages and costs awarded in such suit. The Contractor shall promptly notify the Owner if the Contractor has acquired knowledge of any plant under which a suit for infringement could be reasonably brought because of the use by the Owner of any equipment, machinery, materials, process, methods to the supplied hereunder. The Contractor agrees to and does hereby grant to Owner, together with the right to extend the same to any of the subsidiaries of the Owner as irrevocable, royalty-free license to use in any country, and invention made by the Contractor or its employee in or as a result of the performance of the work under the Contract.

3.28.2 The drawings, blue prints, tracings, reproducibles, models plans, specification and

copies thereof, furnished by the Owner as well as drawings, tracings, reproducibles, plans, specifications, design, calculations etc. prepared by the Contractor for the purposes of execution of works covered in or connected with the Contract shall be the property of the Owner and shall not be used for any other work but are to be delivered to the Owner at the completion of the Contract.

3.24.1 Where so desired by Engineer-in-Charge, the Contractor agrees to respect the secrecy

of any document, drawings etc. issued to him for the execution of the Contract, and restrict access to such documents, drawings etc. to the minimum and further, the Contractor agrees to execute an individual SECRECY agreement from each or any person employed by the Contractor having access to such documents, drawings and to any other agency or individual without the written Approval by Engineer-in-Charge.

3.29 LIENS 3.29.1 Notwithstanding anything to the contrary contained in the Contract, if at any time, there

should be evidence or any lien or claim for which the Owner might have become liable and which is chargeable to the Contractor, the Owner shall, without prejudice to other rights and remedies available to the Owner, have the right to retain out of any payment then due or thereafter to become due an amount sufficient to completely indemnify the Owner against such lien or claim and if such lien or claim be valid the Owner may pay and discharge the same and deduct the amount so paid from any money which may be or may become due and payable to the Contractor. If any lien or claim remain unsettled after all payments are made, the Contractor shall refund or pay to the Owner all moneys that the latter may be compelled to pay in discharging such lien or claim including all costs and reasonable expenses.

3.29.2 Contractor will not disclose details of the work to any person or persons except those

engaged in its performance, and only to the extent required for the particular portion of the work being done.

3.29.3 Contractor will not give any items concerning details of the work to the press or a news

disseminating agency without prior written Approval from. Contractor shall not take any pictures on site without written Approval of Engineer-in-Charge.

3.30 OPERATION OF CONTRACT 3.30.1 Law Governing - Regardless of the place of contracting, place of performance or

otherwise, this Agreement, and all amendments modifications, alterations, or supplements, thereto shall be governed by the laws of India and particularly the State of Madhya Pradesh for the nature, validity and interpretation thereof.

3.30.2 Non waiver of defaults - Any failure by the Owner or the Contractor at any time, or from

time to time, to enforce or require the strict keeping and performance of any of the terms or conditions of this agreement, or to exercise a right/ power hereunder, shall not constitute a waiver of such terms, conditions or rights/ power, and shall not affect or

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impair same, or the right of the Owner or the Contractor, as the case may be, at any time to avail itself of same.

3.31 SCOPE AND INTENT

3.31.1 Scope: The general character and the scope of the work is illustrated and defined by the Annexure SOW, the Specifications and the Bills of Quantities herewith attached and the signed Drawings. If the Contractor shall find any discrepancy in or divergence between the Drawings and or the Contract Bills he shall immediately give to the Owner a written notice specifying the discrepancy or divergence and the Owner shall issue instructions in regard thereto, which shall be final and binding on the Contractor.

3.31.2 Extent: The Contractor shall carry out and complete the work in every respect in accordance with the Contract Documents, and with the directions of and to the reasonable satisfaction of the Owner. The Owner may in its absolute discretion and from time to time issue further drawings, details and/or written instructions, written directions and written explanations all of which are collectively referred to as Owner's instructions. All such Drawings and instructions shall be consistent with the Contract Documents, true developments thereof and reasonably inferable there from.

3.31.3 Intent: The intention of the Document is to include all labour and materials, equipment and transportation necessary for the proper execution of the Work. All such Drawings and instructions shall be consistent with the Contract Documents, true developments thereof and reasonably inferable there from. Materials of work described in words, which so applied, have a well-known technical or trade meaning shall be held to refer to such recognized standard.

3.31.4 The descriptions given in the Schedule of Quantities shall, unless otherwise stated, be held to include wastage on materials, carriage and cartage, carrying and return of empties, hoisting, setting, fitting and fixing in position and all other labourers necessary in and for the full and entire execution and completion of the work as aforesaid in accordance with good practice and recognized principles.

3.32 TYPE OF CONTRACT

3.32.1 The Contract shall be a lump sum contract.

3.33 SCHEDULE OF QUANTITIES

3.33.1 The Schedule of Quantities given in the Contract Bill is provisional and is meant to indicate the intent of the work and to provide a uniform basis for tendering.

3.33.2 The Owner reserves the right to increase or decrease the tendered quantities or revise specifications, drawings, designs of any or every item or delete them at any stage of work. The successful Bidder claim for compensation or damages on account of these shall not be entertained. Such deviations will be adjusted at the rates contained in the Contractor at prevailing market rates, if the rates are not available in the Contract, by issuing variation order(s). In case it becomes necessary for the Owner to temporarily suspend or postpone the work, partly, or fully due to unforeseen circumstances, the Owner shall not be liable for any compensation on account of resultant delays.

3.33.3 Any error in description or in quantity or omission of items from Contract Bill shall not vitiate the Contract but shall be treated as a variation.

3.34 CONTRACT SUM

3.34.1 The Contract sum shall not be adjusted or altered in any way whatsoever otherwise than in accordance with the express provisions of these conditions and subject to any error whether of Arithmetic or not in the computation of the Contract Sum shall be deemed to have been accepted by the parties hereto.

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3.35 CONTRACT BILLS

3.35.1 The quality and quantity of the work included in the contract sum shall be deemed to be that which is set out in the Contract Bills which Bills unless otherwise expressly stated in respect of any specified item shall be deemed to have been prepared in accordance with the principles of the standard method of measurement of building works last before issued by the Indian Standard Institution but same as aforesaid nothing contained in the Contract Bills shall override, modify or affect in any way whatsoever the application or interpretation of that which is contained in these conditions.

3.35.2 Any error in description or in a quantity or omission of items from the Contract Bills shall not vitiate the Contract but shall be corrected and deemed to be a variation required by the Owner.

3.36 Signature of Bidder/ tender by other than individuals

The Bidder shall contain the name, residence and place of business of Person or Persons making the tender and shall be signed by the Bidder with his usual signature with company stamp. Partnership firms shall furnish the full names of all partners in the Tender. It should be signed in the partnership name by all the partners or in case of a company by duly authorized representative followed by the name and designation of the person signing with company stamp. Tender by company or corporation registered under the Applicable Laws shall be signed by the authorized representative and a power of attorney in that behalf shall accompany the Tender. When a Bidder signs a Tender in a language other than English, the total amount tendered should in addition be written in the same language. One witness should attest the signature at least.

3.37 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS

The contractor shall not be entitled to any increase on the schedule rates or any other right or claim whatsoever by reason of representation, promise or guarantee given or alleged to have been given to him by any person.

3.38 CANCELLATION OF CONTRACT IN FULL OR PART:

3.38.1 The Owner reserves its right to cancel the Contract in the event of one or more of the following situations, If the Contractor: (i) shall offer or give or agree to give to any person in the Owner service or to any

other person on its behalf any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any acting relation to the obtaining or execution of this or any other contractor for the Owner: or

(ii) shall enter into a contract with the Owner in connection with which commission has been paid or agreed to be paid by him or to his knowledge, unless the particulars of any such commission and the terms of payment thereof have been previously disclosed in writing to the Accepting Authority/ Engineer-in-Charge ; or

(iii) shall obtain a contract with the Owner as a result of wrong tendering or other non bonafide methods of competitive tendering ; or

(iv) being an individual, or a firm, , such individual or any partner of the firm (as applicable) shall at any time be adjudged bankrupt, insolvent, generally unable to pay debts or have a receiving order or order for administration of his estate made against him or shall take or become subject to any proceedings for bankruptcy, liquidation or composition (other than a solvent restructuring or reorganization) under any Applicable Laws relating to insolvency or bankruptcy for the time being force or make any conveyance or assignment of his/its assets or composition or arrangement for the benefit of his/its creditors or purport so to

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do or if any application be made under any Applicable Laws relating to insolvency for the time being in force for the sequestration of its estate or if a trust deed be executed by him for benefit of its creditors ; or

(v) where the Contractor is a company, (a) making of a general assignment for the benefit of creditors (b) admission of any proceedings against the Contractor for its bankruptcy or insolvency, or similar action or seeking liquidation, winding up, reorganization, arrangement, compromise, adjustment, protection, relief, or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or seeking appointment of a receiver or provisional liquidator or other similar official for all or any substantial part of its property; (c) institution of proceedings by the Contractor seeking to adjudicate itself bankrupt or insolvent, or seeking liquidation, winding up, reorganization, arrangement, compromise, adjustment, protection, relief, or composition of itself or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors (including passing of a resolution to authorize any of the aforesaid actions), or

(vi) Shall suffer an execution being levied on its goods and allow it to be continued for a period of 15 days or

(vii) Assigns, transfers, sublets (engagement of labour on a piece-work basis or of labour with materials not to be incorporated in the work, shall not be deemed to be subletting) or otherwise parts with or attempts to assign, transfer sublet or otherwise part with the entire works or any portion thereof without the prior written Approval of the Accepting Authority/Owner.

3.38.2 The Owner may, without prejudice to any other right or remedy which shall have

accrued or shall accrue hereafter to the Owner, by a notice in writing to cancel the Contract as whole or only such items of work in default from the Contract.

3.38.3 The Engineer-in-Charge shall on such cancellation by the Ownerhave powers to:

(i) Take possession of the Siteand any materials, equipments, implements, stores,

etc., thereon, and/ or (ii) Carry out the incomplete Work by any means at the risk and cost of the

Contractor.

3.38.4 The Owner in the event of cancellation will be entitled to procure the requirement in the open market and recover excess payment over and above the Contractor's agreed price, if any, from the Contractor, reserving to itself the right to forfeit the Security Deposit/ Contract Performance Guarantee, if any, made by the Contractor against the Contract.

3.38.5 On cancellation of the Contract in full or in part, the EIC shall determine what amount, if any, is recoverable from the Contractor for completion of the works or part of the works or in case the works or part of the works is not to be completed the loss of damage suffered by the Owner on account of the said non performance. In determining the aforesaid amounts credit shall be given to the Contractor for the value of the work executed by him up to the time of cancellation, the value of Contractor‟s materials if any, taken over and incorporated in the work and use of plant and machinery, if any belonging to the Contractor. The Owner in that event will be entitled to procure the requirement in the open market and recover excess payment over the Contractor's agreed price, if any, from the Contractor, reserving to itself the right to forfeit the Security Deposit/ Contract Performance Guarantee.

3.38.6 The Contractor is aware that the said goods are required by the Owner for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the Owner. In this event of the Owner exercising the option to claim damages for non-delivery other than by way of difference between the market price and the contract price. The Contractor shall pay to the Owner, fair compensation to be agreed upon between the Owner and the Contractor.

3.38.7 The provision of this clause shall not prejudice the right of the Owner from invoking the

provisions of clause 'Delayed Delivery' as aforesaid.

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3.38.8 Any excess expenditure incurred or to be incurred by the Owner in completing the works

or part of the works or the excess loss or damages suffered or may be suffered by the Owner as aforesaid after allowing such credit shall without prejudice to any other contractor on any account, and if such moneys are not sufficient the Contractor shall be called upon in writing and shall be liable to pay the same within 7 days.

3.38.9 If the Contractor shall fail to pay the required sum within the aforesaid period of 30 days,

the Engineer-in-Charge shall have the right to sell any or all of the Contractor‟s unused materials, Equipment‟s, implements, temporary building etc. and apply the proceeds of sale thereof towards the satisfaction of any sums due from the Contractor under the Contract and if thereafter there be any balance outstanding from the Contractor, it shall be recovered in accordance with the provisions of the Contract.

3.38.10 Any sums in excess of the amounts due to the Owner and unsold materials,

Equipment‟s, etc. shall be returned to the Contractor provided always that if cost or anticipated cost of completion by the Owner of the Works or part of the Works is less than the amount which the Contractor would have been paid had he completed the works or part of the works, such benefits shall not accrue to the Contractor.

3.39 CONTRACTOR AS INDEPENDENT CONTRACTOR

The Contractor shall be an independent contractor with respect to the Work assigned to him under the Contract and other services offered by the Contractor hereunder, and neither Contractor nor its Subcontractors nor the employees of other shall be deemed to be agents, representatives, employees or servants of the Owner in the performance of the Work or any part thereof, or in any manner dealt with herein. The Owner and the Contractor covenant and agree that in the performance of the Work by the Contractor, the Contractor shall not perform any act or make any representation to any Person to the effect that the Contractor or any of its agents, representatives or Subcontractors is represented to be an agent or partner or joint venture partner or collaborator of the Owner.

3.40 CONTRACTOR TO INDEMNIFY THE OWNER

The Contractor will defend, indemnify and hold harmless the Owner, its agents, officers, directors, subcontractors and employees from and against any and all claims, damages, losses, liabilities, expenses (including reasonable legal fees), penalties, demands and causes of action arising out of or resulting from the performance of the Work provided that any such claims, damages, loss and/or expense arise out of: (a) the gross negligence, fraud or willful act of the Contractor or any of its agents, employees or officers: (b) any violation of Applicable Law by the Contractor or any of its agents, employees or officers: (c) breach by the Contractor of the Contract Documents and/or any documents executed or instructions or Approvals issued, pursuant to the Contract Documents; and/or (d) material misrepresentation to the Owner by the Contractor.

3.41 TYPOGRAPHICAL OR CLERICAL ERRORS 3.41.1 The Owner‟s clarification regarding partially omitted particulars or typographical or

clerical errors shall be final and binding on the Contractor.

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SECTION –IV

PERFORMANCE OF WORK 4.1 EXECUTION OF WORKS 4.1.1 All the Works shall be executed in strict conformity with the provisions of the Contract

Documents, Applicable Laws and with such explanatory detailed Drawings, Specifications, and instructions as may be furnished from time to time to the Contractor by the Engineer-in-Charge whether mentioned in the Contract or not. The Contractor shall be responsible for ensuring that Works throughout are executed in the most substantial, proper and workman like manner with the quality of material and workmanship in strict accordance with the Specifications and to the entire satisfaction of the Engineer-in-Charge.

4.1.2 Wherever it is mentioned in the Specifications that the Contractor shall perform certain

Work or provide certain facilities/ materials, it is understood that the Contractor shall do, so at its cost, risk and expense.

4.1.3 The materials, design and workmanship shall satisfy the relevant Indian Standards, the

job specification contained herein and codes referred to. Where the job specification stipulate requirements in addition to those contained in the standard codes and specifications, such additional requirements shall also be satisfied.

4.2 COORDINATION AND INSPECTION OF WORK

The coordination and inspection of the day to day work under the Contract shall be the responsibility of the Engineer-in-Charge. The written instructions regarding any particular job will normally be passed by the Engineer-in-Charge or his authorized representative. A work order book will be maintained by the Contractor for each sector in which the aforesaid written instructions will be entered. These will be signed by the Contractor or its authorized representative by way of acknowledgment each time, within 12 hours of receipt.

4.3 WORK IN MONSOON AND DEWATERING 4.3.1 The completion of the Work shall entail working in all season including the monsoon

season also. The Contractor must maintain adequate labour force required for executing the Work and execute the same as per the time schedule prescribed in the Contract. No extra rate will be considered for work executed in monsoon season.

4.3.2 During monsoon and other period, it shall be the responsibility of the Contractor to keep

the working Site free from stranded water/ water logging, at its own cost and expense. 4.4 WORK ON SUNDAYS AND HOLIDAYS For carrying out work on Sundays and Holidays, the contractor will approach the Engineer-in-Charge or his representative at least two days in advance and obtain permission in writing.

4.5 GENERAL CONDITIONS FOR EXECUTION OF WORK 4.5.1 Place of work

The Work has to be executed at Bina Refinery, Bina (MP). The Contractor should apprise himself of all the conditions prevailing in such location and the restrictions placed on movement of personnel and Equipment, types of equipment and tools permitted, working methods allowed etc. in the light of security and safety regulations operative in the area. The safety regulations to be complied with, by the Contractor are given in the Contract Documents. No idle time wages or compensation for temporary

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stoppage of work or restrictions would be paid, and the rates quoted for the various items of work should cover the cost of all such contingencies and eventualities. Substantial structures and utilities exist both above ground and underground, adjacent to the work site. (The Work may get restrained by the existence of such structures and utilities.) Special care is necessary in transportation, storage, working of Equipment‟s and other activities to protect the existing features and prevent damage to the Owner‟s facility. Necessary protective structures, barricades etc. have to be erected at various places as directed by Engineer-in-Charge. No extra payment for such protective Works will be made by the Owner unless specially provided in the Schedule of Rates Approved by the Owner.

Owner will extend all necessary help for co-ordination with external agencies, if any, if requested for by the Contractor.

4.5.2 The working time or the time of work is 48 hours per week. Overtime work is permitted

in cases of need and the Owner will not compensate the Contractor for the same. Shift working at 2 or 3 shifts per day may become necessary and the Contractor should take this aspect into consideration for formulating his rates for quotation. No extra claims will be entertained by the Owner on any account whatsoever.

4.5.3 The Contractor must arrange for the placement of workers in such a way that the

delayed completing of the work or any part thereof for any reasons whatsoever will not affect their proper employment. The Owner will not entertain any claim for idle time payment whatsoever.

4.5.4 The Contractor shall submit to the Owner, reports at regular intervals regarding the

state and progress of Work. The details and performa of the report will mutually be agreed after the award of Contract.

4.6 DRAWINGS TO BE SUPPLIED BY THE OWNER 4.6.1 Where Drawings are attached with the Tender, these shall be for the general guidance

of the Contractor to enable him to visualize the type of work contemplated and scope of work involved. The Contractor will be deemed to have studied the Drawings and formed an idea about the work involved.

4.6.2 Detailed working drawings on the basis of which actual execution of the Work is to

proceed will be furnished from time to time by the Owner or the Engineer-in-Charge or his representative during the progress of the Work. The Contractor shall be deemed to have gone through the drawings supplied to him thoroughly and carefully and in conjunction with all other connected drawings and bring to the notice of the Engineer-in-Charge, discrepancies, if any, therein before actually carrying out the Work. In case of such discrepancies, the Operator shall act in accordance with the EIC‟s instructions.

4.6.3 Copies of all detailed working drawings relating to the Works shall be kept at the

Contractor's office of the Site and shall be made available to the Engineer-in-Charge at any time during the term of the Contract. The Drawings and other documents issued by the Owner shall be returned to the Owner on completion of the Works. Reference is also invited to enclosed Drawings and other Contract Documents.

4.7 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR 4.7.1 Where drawings/ data are to be furnished by the Contractor, they shall be as

enumerated in the Special Conditions of Contract, and shall be furnished within the specified time.

4.7.2 Where Approval of Drawings before execution of a Work has been specified, it shall be

the Contractor's responsibility to have these drawings prepared as per the directions of Engineer-in-Charge and get the same Approved before proceeding with such Work. Any changes that may have become necessary in these drawings during the execution of the Work shall have to carried out by the Contractor to the satisfaction of Engineer-

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in-charge at no extra cost. All final Drawings shall bear the certification stamps as indicated below duly signed by both the Contractor and the Engineer-in-Charge.

"Certified true for .......................................................Project Agreement No. ............................................... Signed CONTRACTOR ENGINEER-IN-CHARGE

4.7.3 A period of 3 weeks from the date of receipt shall be required for Approval of drawings

by the Engineer-in-Charge. 4.8 SETTING OUT WORKS 4.8.1 The Engineer-in-Charge shall furnish the Contractor with only the four corners of the

Site and a level bench mark and the Contractor shall set out the works and shall provide efficient staff for the said purpose and shall be solely responsible for the accuracy of such setting out.

4.8.2 The Contractor shall provide, fix and be responsible for the maintenance of all stakes,

templates, level marks, profiles and other similar things and shall take all necessary precaution to prevent their removal or disturbance and shall be responsible for the consequences of such removal or disturbance should the same take place and for their efficient and timely reinstatement. The Contractor shall also be responsible for the maintenance of all existing survey marks, boundary marks, distance marks and center line marks, either existing or supplied and fixed by the Contractor. The work shall be set out to the satisfaction of the Engineer-in-Charge. The Approval thereof or joining in setting out the work, shall not relieve the Contractor of any of his responsibilities.

4.8.3 Before beginning the works, the Contractor shall at his own cost and expense, provide

all necessary reference and level posts, pegs, bamboos, flags, ranging, rods, strings and other materials for proper layout of the Work in accordance with the scheme, for bearing marks acceptable to the Engineer-in-Charge. The center longitudinal or face lines and cross lines shall be marked by means of small masonry pillars. Each pillar shall have distinct mark at the centre to enable theodolite to be set over it. No work shall be started until all these points are checked and Approved by the Engineer-in-Charge in writing but such Approval shall not relieve the Contractor of any of his responsibilities. The Contractor shall also provide all labour, material and other facilities, as necessary, for the proper checking of layout and inspection of the points while executing the Work.

4.8.4 Pillars bearing geodetic marks located at the Site of units of work under construction

should be protected and fenced by the Contractor. 4.8.5 On completion of works, the Contractor must submit the geodetic documents according

to which the Work was carried out to the Owner/ EIC for its confirmation/ observations. 4.9 RESPONSIBILITY FOR LEVEL AND ALIGNMENT

The Contractor shall be entirely and exclusively responsible for the horizontal and vertical alignment, the levels and correctness of every part of the Work and shall rectify effectually any errors or imperfections therein. Such rectifications shall be carried out by the Contractor, at his own cost, risk and expense, when instructions are issued to that effect by the Engineer-in-Charge.

4.10 MATERIALS TO BE SUPPLIED BY CONTRACTOR 4.10.1 The Contractor shall procure and provide the whole of the materials required for

executing the Work including tools, tackles and Equipment‟s for the completion and maintenance of the works except the materials which will be issued by Owner and shall make his own arrangement for procuring such materials and for the transport thereof. The Owner may give necessary recommendation to the respective authority if so

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desired by the Contractor but assumes no responsibility of any nature in this regard. The Owner will insist on the procurement of materials which bear ISI stamp and / or which are supplied by reputed suppliers borne on DGS & D list.

4.10.2 All materials procured should meet the Specifications given in the Contract Documents.

The Engineer-in-Charge may, at his discretion, ask for samples and test certificates for any batch of any material procured. Before procuring, the Contractor should get the Approval of Engineer-in-Charge for any material to be used for the Works.

4.10.3 Manufacturer's certificate shall be submitted for all materials supplied by the Contractor.

If, however, in the opinion of the Engineer-in-Charge any tests are required to be conducted on the materials supplied by the Contractor, these will be arranged by the Contractor, promptly at his own cost and expense.

4.11 MATERIALS PROCURED WITH ASSISTANCE OF OWNER

Notwithstanding anything contained to the contrary in any or all the clause of the Contract Documents where any materials for the execution of the Contract are procured with the assistance of the Owner, either by issue from Owner's stock or purchase made under orders or permits or license issued by the Government, the Contractor shall hold the said material as trustee for the Owner and use such materials economically and solely for the purpose of the Contract and not dispose them off without the permission of the Owner in any manner whatsoever and return, if required by the Engineer-in-Charge all surplus or unserviceable materials that may be left with him after the completion of the Contract or at its termination for any reason whatsoever. In the event of breach of the aforesaid condition, the contractor shall in terms of the licenses on permits, and / or for criminal breach of trust, be liable to compensate the Owner at double rate or high rate, in the event of those materials at that time having higher rate or not being available in the market, then any other rate as determined by the Engineer-in-Charge and his decision in this regard shall be final, conclusive and binding on the Contractor.

4.12 MATERIALS OBTAINED FROM DISMANTLING

If the Contractor in the course of execution of the Work is called upon to dismantle any part, for reasons other than those stipulated in clauses 4.20 and 4.24 hereunder, the materials obtained in the work of dismantling etc. will be considered as the Owner's property and will be disposed off by the Owner or by the Contractor after receiving the Owner‟s written consent, to the best advantage of the Owner.

4.13 ARTICLES OF VALUE FOUND

All gold, silver and other materials, of any description and all precious stones, coins, treasure, relics, antiquities and other similar things which shall be found in, under or upon the Site, shall be property of the Owner/ Government of India and the Contractor shall duly preserve the same to the satisfaction of the Engineer-in-Charge and shall from time to time deliver the same to such person or persons indicated by the Owner.

4.14 DISCREPANCIES BETWEEN INSTRUCTIONS

Should any discrepancy occur between the various instructions furnished to the Contractor, his agents or staff or any doubt, arise as to the meaning of any such instructions or should there be any misunderstanding between the Contractor's staff and the Engineer-in-Charge's staff, the Contractor shall refer the matter immediately in writing to the Engineer-in-Charge whose decision thereon shall be final and conclusive and no claim for losses alleged to have been caused by such discrepancies between instructions, or doubts, or misunderstanding shall in any event be admissible against the Owner.

4.15 ALTERATIONS IN SPECIFICATIONS AND DESIGNS AND EXTRA WORK

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4.15.1 The Engineer-in-Charge shall have power to make any alterations in, omissions from, additions to or substitution for, the Schedule of Rates, the original Specifications, Drawings, designs and instructions that may appear to him to be necessary or advisable during the progress of the Work and the Contractor shall be bound to carry out such altered, extra, new items of work in accordance with any instructions which may be given to him in writing signed by the Engineer-in-charge and such alterations, omissions, additions or substitutions shall not invalidate the Contract in any manner whatsoever and any altered additional or substituted work which the Contractor may be directed to do in the manner above specified as part of the Work shall be carried out by the Contractor on the same conditions in all respects on which he agreed to do the main work. The time for completion of work may be extended for the part of the particular job at the discretion of the Engineer-in-Charge, for only such alterations, additions or substitutions of the work, as he may consider as just and reasonable. The rates for such additional, altered or substituted work under this clause shall be worked out in accordance with the following provisions:

a) If the rates for the additional, altered or substituted work are specified in the

Contract, the Contractor is bound to carry out the additional, altered or substituted work at the same rates as are specified in the Contract.

b) If the rates for the additional, altered or substituted work are not specifically

provided in the Contract, the rates will be derived from the rates for similar class of works as specified in the Contract. The opinion of the Engineer-in-Charge, as to whether the rates can be reasonably so derived from the items in the Contract, will be final and binding on the Contractor.

c) If the rates for the altered, additional or substituted work cannot be

determined in the manner specified in sub-clause (a) and (b) above, then Contractor shall, within 7 days of the date of receipt of order to carry out the work, inform the Engineer-in-Charge of the rates he intends to charge for such class of work, supported by analysis of the rate or rates claimed, and Engineer-in-Charge shall determine the rate or rates on the basis of prevailing market rates of such materials plus 10% to cover Contractor's supervision, overheads & profit; and labour cost at Schedule of Labour Rates and approve such payment accordingly. The opinion of the Engineer-in-Charge as to current market rates of materials and the quantum of labour involved per unit of measurement will be final and binding on the Contractor.

d) Provision contained in sub-clause (a), (b) & (c) above will apply where the

value of alterations, additions and substitutions do not exceed plus or minus 25% of total contract value.

4.16 ACTION WHERE NO SPECIFICATIONS ISSUED

In case of any class of work for which there is no Specification given by the Owner in the Contract Documents, such work shall be carried out in accordance with Indian Standard Specifications and if the Indian Standard Specifications do not cover the same, the Work should be carried out as per standard Engineering Practice subject to the Approval of the Engineer-in-Charge.

4.17 ABNORMAL RATES

The Bidder is expected to quote rate for each item after careful analysis of cost involved for the completion of Work, considering all Specifications and conditions of Contract. This will avoid loss of profit or gain, in case of curtailment or change of specification for any item. In case it is noticed that the rates for any item, quoted by the Bidder are unusually high or unusually low it will be sufficient cause for the rejection of the Tender, unless the Owner is convinced about the reasonableness of the rates on scrutiny of the analysis for such rate to be furnished by the Bidder on demand and before the execution of the Contract.

4.18 INSPECTION OF WORK

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4.18.1 The Engineer-in-Charge will have full power and authority to inspect the Works at any

time wherever in progress either on the Site or at the Contractor's premises / workshops wherever situated, premises / workshops of any person, firm or corporation where work in connection with the Contract may be in hand or where materials are being or are to be supplied, and the Contractor shall afford or procure for the Engineer-in-Charge every facility and assistance to carry out such inspection. The Contractor shall, at all times during the usual working hours and at all other time for which reasonable notice of the intention of the Engineer-in-Charge or his representative to visit the Works have been given to the Contractor, either himself be present to receive order and instructions or post his authorized representative/ Site In-Charge duly accredited in writing for the purpose. Orders given to the Contractor's agent shall be considered to have the same force as if they had been given to the Contractor himself. The Contractor shall give not less than seven days, notice in writing to the Engineer-in-Charge before covering up or placing any work beyond reach of inspection and measurement. In the event of breach of above the same shall be at Contractor's risk and expenses for carrying out such measurement or inspection.

4.18.2 No material shall be dispatched by the Contractor before obtaining the Approval of the

Engineer-in-Charge in writing..

The Contractor is to provide, at all times during the execution of the Work and the maintenance period, proper means of access with ladders, gangways, etc. and the necessary attendance to move and adopt, as directed for inspection or measurement of the works by the Engineer-in-Charge.

4.19 ASSISTANCE TO THE ENGINEERS

The Contractor shall make available to the Engineer-in-Charge, free of cost necessary instruments and assistance in checking of the progress of the Works and taking measurement of work.

4.20 TESTS FOR QUALITY OF WORK 4.20.1 All workmanship shall be of the respective kinds described in the Contract Documents

and in accordance with the instructions of the Engineer-in-Charge and shall be subjected from time to time to such test at Contractor's cost as the Engineer-in-Charge may direct at the place of manufacturer or fabrication or on the Site or at all or any such places. The Contractor shall provide assistance, instruments, labour and materials as are normally required for examining, measuring and testing any workmanship as may be selected and required by the Engineer-in-Charge.

4.20.2 All the tests necessary in connection with the execution of the Work as decided by the

Engineer-in-Charge, shall be carried out at the field testing laboratory of the Owner by paying the charges as decided by the Owner from time to time. In case of non-availability of testing facility with the Owner, the required test shall be carried out at the cost and expense of the Contractor at Government or any other testing laboratory as directed by Engineer-in-Charge.

4.20.3 If any tests are required to be carried out in connection with the work or materials or

workmanship not supplied by the Contractor, such tests shall be carried out by the Contractor as per the instructions of Engineer-in-Charge and cost of such tests shall be reimbursed by the Owner.

4.21 SAMPLES

The Contractor shall furnish to the Engineer-in-Charge for Approval when requested or if required by the Specifications, adequate samples of all materials and finishes to be used in the Work. Such samples shall be submitted before the Work is commenced and in ample time to permit tests and examinations thereof. The Contractor shall ensure that all materials furnished and finishing applied in actual Work shall be fully identical to the Approved samples.

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4.22 ACTION AND COMPENSATION IN CASE OF BAD WORK

If it shall appear to the Engineer-in-Charge that any work has been executed with unsound, imperfect or unskilled workmanship, or with materials of any inferior description, or that any materials or articles provided by the Contractor for the execution of the work are unsound or of a quality inferior to that contracted for, or otherwise not in accordance with the Contract, the Contractor shall on demand in writing from the Engineer-in-Charge or his authorized representative, specifying the work, materials or articles complained of, notwithstanding that the same have been inadvertently passed, certified and paid for forthwith shall rectify or remove and reconstruct the works specified and provide other proper and suitable materials or articles at his own expense and cost, and in the event of failure to do so within a period to be specified by the Engineer-in-Charge in his demand aforesaid, the Contractor shall be liable to pay compensation at the rate of one percent of the estimated cost of the whole work, for every week limited to a maximum of 10 percent of the estimated cost the whole work, while his failure to do so shall continue and in the case of any such failure the Engineer-in-Charge may on expiry of notice period rectify or remove and re-execute the work or remove and replace with others, the materials or articles complained of as the case may be, at the risk and expense of the Contractor in all respects. The decision of the Engineer-in-Charge as to any question raising under this clause shall be final, conclusive and binding on the Contractor.

4.23 SUSPENSION OF WORKS

i) Subject to the provisions of sub-para (ii) of this clause, the Contractor shall, if ordered in writing by the Engineer-in-Charge or his representative temporarily suspend the works or any part thereof for such period and such time as so ordered and shall not, after receiving such written order, proceed with the Work therein ordered to be suspended, until he shall have received a written order to proceed therewith. The Contractor shall not be entitled to claim compensation for any loss or damage sustained by him by reason of temporary suspension of the Works aforesaid. An extension of time for completion corresponding with the delay caused by any such suspension of the works as aforesaid will be granted to the Contractor, should he apply for the same, provided that suspension was not consequent to any default or failure on the part of the Contractor and provided such extension does not cause any losses to the Owner on account of shut down of Owner‟s facility for more than the stipulated time.

ii ) In case of suspension of entire work, ordered in writing by Engineer-in-Charge,

for a period of more than 6 (six) months, the Contractor shall have the option to terminate the Contract. In such termination, the Contractor shall be entitled to amounts for such work as duly executed by the Contractor, to the satisfaction of the Owner and no other amounts/ compensation of any nature shall be paid to the Contractor for such suspended period.

4.24 OWNER MAY DO PART OF WORK

Upon failure of the Contractor to comply with any instructions given in accordance with the provisions of the Contract, the Owner shall, subject to Clause 3.5.7 additionally have the right to place additional labour force, tools, equipment‟s and materials on such parts of the work, instead of assuming charge for the entire Work. In such cases, the Owner may designate or also engage another contractor to carry out the said work. In such cases, the Owner shall deduct from the amount which otherwise might become due to the Contractor, the cost of such work and materials with ten percent added to cover all departmental charges and should the total amount thereof exceed the amount due to the Contractor, the Contractor shall pay the difference to the Owner.

4.25 POSSESSION PRIOR TO COMPLETION

The Engineer-in-Charge shall have the right to take possession of or use any completed or partially completed work or part of the work at any time, with or without

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notice. Such possession or use shall not be deemed to be an acceptance of any work completed in accordance with the Contract. If such prior possession or use by the Engineer-in-Charge delays the progress of work, equitable adjustment in the time of completion will be made and the Contract shall be deemed to be modified accordingly, at the option of the Owner.

4.26 TWELVE MONTHS PERIOD OF LIABILITY FROM THE DATE OF ISSUE OF

COMPLETION CERTIFICATE 4.26.1 The Contractor shall guarantee the work executed for a period of 12 months from the

date of issue of Completion Certificate. Any damage or defect, that may lie undiscovered at the time of issue of Completion Certificate, connected in any way with the Equipment or materials supplied by him or in the workmanship shall be rectified or replaced by the Contractor at his own cost and expense as deemed necessary by the Engineer-in-Charge or in default, the Engineer-in-Charge may cause the same made good by other workmen and deduct expenses (for which the certificate of Engineer-in-Charge shall be final) from any sums that may be then or at any time thereafter, become due to the Contractor or from his Security Deposit / Contract Performance Guarantee.

4.26.2 If the Contractor feels that any variation in work or quality of materials or proportions

would be beneficial or necessary to fulfill the guarantees called for, he shall bring this to the notice of the Engineer-in-Charge in writing. The work will not be considered as complete and taken over by the Owner until all the temporary works, labour, Site office and staff colonies etc. constructed by the Contractor is removed and work site cleaned to the satisfaction of Engineer-in-Charge.

4.26.3 Care of Work - From the commencement to completion of Works, the Contractor shall

take full responsibility for the care of all Works including all temporary work, and in case any damage or loss or injury happens to the Work or any part thereof or to any temporary work, from any cause whatsoever, the Contractor shall at its own cost and expense, repair and make good the same, so that at completion the work shall be in good order and in conformity in every respect with the requirements of the Contract, the Engineer-in-Charge's instructions and the Contract Documents.

4.26.4 Defects prior to taking over - At any time, before the work is taken over, the Engineer-

in-Charge shall a) Decide that any work done or materials used by the Contractor or any

Subcontractor is defective or not in accordance with the Contract or the Approval issued by EIC or that the Works or any portion thereof are defective or do not fulfill the requirements of Contract (all such matters being herein after called 'Defects' in this clause) and

b) As soon as reasonably practicable, gives to the Contractor, notice, in writing of

the said Defect specifying particulars of the defects alleged to exist or to have occurred, then the Contractor shall at his own cost and expense and with all speed make good the Defects so specified.

In the case the Contractor shall fail to do so, the Owner may subject to Clause 3.5.7 take, at the cost and expense of the Contractor, steps such as may in all circumstances be reasonable to make good such Defects. The expenditure, so incurred by the Owner shall be recovered from the amount due to the Contractor or from the Security Deposit/Contract Performance Guarantee. The decision of the Engineer-in-Charge with regard to the amount to be recovered from the Contractor will be final and binding on the Contractor. As soon as the Works have been completed in accordance unless otherwise approved by the EIC, in writing. If any defect is not, remedied within a reasonable time, the Owner may proceed to do the Work at the Contractor's cost, risk and expense and deduct from the final bill or the Security Deposit such amount as may be decided by the Owner. If by reason of any default on the part of the Contractor a Completion Certificate has not been issued in respect of every portion of the Work within one month after the date fixed in the Contract for the completion of the Works, the Owner shall be at his liberty to use the Works or any portion thereof in respect of

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which a Completion Certificate has not been issued provided that the Works or the portion thereof so used as aforesaid shall be afforded reasonable opportunity for completing these works for the issue of Completion Certificate.

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SECTION – V

CONTRACTORS FIELD ORGANIZATION/ SUB-CONTRACTORS AND EQUIPMENTS

5.1 OFFICE ACCOMMODATION AT SITE :

The Contractor shall provide and maintain an office at the Site at his own cost and expense for the accommodation of his agents and staff and such office shall be open at all reasonable hours to receive instruction, notices or other communications from the Owner/ EIC.

The Contractor shall also provide, erect and maintain where directed by the Owner, simple watertight office accommodation for the Owner/ EIC / their personnel. The accommodation shall be well lighted, ventilated and provided with windows, doors with a lock. This should be minimum of 250 sq.ft. area with a provision of a separate toilet.

5.2 CONTRACTOR’S FIELD ORGANIZATION AND EQUIPMENT :

Contractor's Site In-charge: The Contractor shall, for the entire term of the Contract,

keep on his roles, qualified and competent engineers, one of whom will be designated

as “Site In-Charge” and who will be responsible for the carrying out of the Works to the

true meaning of the Drawings, Specifications and Schedule of the Quantities. Any

instructions and directions given by the Owner/ EIC to the Site In-Charge shall be

deemed to have been issued to the Contractor. Attention is called to the importance of

requesting instructions from the Owner/ EIC before undertaking any Work where

Owner‟s/ EIC‟s directions or instructions are required. Any Work done in advance of

such instructions will be liable to be removed by the Contractor at his own cost and

expense, and without any liability to the Owner.

Equipment: The Contractor shall provide and install all necessary hoists, ladders,

scaffolding, tools, tackles, plants, Equipment‟s, transport for labour/ materials and plant

necessary for the proper carrying on execution and completion of the Work, to the

satisfaction of the Owner/EIC.

Watchman: The Contractor shall make his own security arrangements to guard the Site

and premises at all times, at his own cost and expense. The security arrangements shall

be adequate to maintain strict control on the movement of material, Equipment‟s and

labour. The Contractor shall extend the security arrangements to guard the materials

stored and/or fixed on the premises by the Subcontractor(s) also. It is clarified that this

security arrangement to be made by the Contractor shall be subject to and under the

control of the overall security arrangement of the Refinery which is controlled by the

Owner.

Storage of Materials: The Contractor shall provide, erect and maintain proper

sheds for the storage and protection of the materials etc. and also for the execution

of Work which may be prepared on the Site.

Scaffolding, Staging, Guard-rails: The Contractor shall provide steel scaffolding,

staging, guard-rails, and temporary stairs which shall be required during construction or

for execution of Work. The support for the scaffolding, staging, guard-rails and

temporary stairs shall be strong and adequate for the particular situation. The temporary

access, if any set up shall be rigid and strong enough to avoid any chance of mishaps.

The arrangement proposed shall be subject to the Approval of the Owner/ EIC.

5.3 EQUIPMENT AND STAFF ASSISTANCE FROM THECONTRACTOR

Theodolite, levels, plumb bobs, prismatic compass, chain, steel and metallic tapes and all other electrical/electronic instruments found necessary for the Works shall be

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provided by the Contractor for the due performance of the Contract and as instructed by Owner/ EIC. The EIC, Clerk of works or a personnel authorized by EIC may use any or all measurement instruments or tools belonging to the Contractor as and when he chooses to, for checking the complete Works as well as the work in progress. The Contractor will provide all scaffolding and ladders that may be necessary for taking measurement at Site The Contractor should provide all the apparatus required for conducting on site tests.

The Contractor shall provide the following Equipment‟s and machinery in good working condition and in the required number at the Site during the entire period of the Contract, as and when required: (i) No plant, machinery, temporary works, Equipment‟s or materials or any part

thereof shall be removed from the Site, without the consent of the Owner, which shall not be unreasonably withheld where the same is no longer immediately required for the purpose of completion of the works.

(ii) The Owner shall not, at any time be liable for the loss of or injury to any of the Equipment, plant, machinery, temporary works or materials which have been deemed to become the property of the Owner under sub-clause (i) of this Clause.

5.4 CONTRACTOR’S SUBORDINATE STAFF AND THEIR CONDUCTS:

5.4.1 The Contractor, on the date of award of the Contract, shall name and depute a qualified engineer having sufficient experience in carrying out work of similar nature to whom the equipments, materials, if any, shall be issued and instructions for Works given. The Contractor shall also provide, to the satisfaction of the Engineer-in-Charge sufficient and qualified staff to superintend the execution of the Works, competent sub-agents, supervisor and leading hands including those specially qualified by previous experience to supervise the type of Works comprised in the Contract in such manner as will ensure work of the best quality and expeditious working. Whenever in the opinion of the Engineer-in-Charge, additional properly qualified supervision staff is considered necessary, they shall be employed by the Contractor without additional charges on account thereof. The Contractor shall ensure to the satisfaction of the Engineer-in-Charge that Subcontractors, if any shall provide competent and efficient supervision over the Work entrusted to them.

5.4.2 If and whenever any of the Contractor‟s or Subcontractor's agents, assistants, supervisor or other employees, are in the opinion of Engineer-in-Charge guilty of any misconduct or be incompetent or insufficiently qualified or negligent in the performance of their duties or that in the opinion of the Owner or Engineer-in-Charge, it is undesirable for administrative or any other reason for such person or persons to be employed in the Works, the Contractor, if so directed by the Engineer-in-Charge, shall at once remove such person or persons from his employment thereon. Any person or persons so removed from the Works shall not again be employed in connection with the Works without the written permission of the Engineer-in-Charge. Any person so removed from the Works shall be immediately replaced by the Contractor, at his own cost and expense by a qualified and competent substitute. Should the Contractor be requested to repatriate any person removed from the Works, he shall do so and shall bear all costs in connection herewith.

5.4.3 All Contractors personnel entering upon the Owner‟s premises shall be properly

identified by badges issued by the Owner which must be worn all times on Owner‟s premises.

5.5 LABOUR :

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The Contractor shall employ labour in sufficient number either directly or through

Subcontractors, when such subletting is permitted, to maintain the required rate of

progress and of quality to ensure workmanship or the degree specified in the Contract

and to the satisfaction of the Engineer-in-Charge. The Contractor shall employ no child labour and shall comply with the provisions of Child Labour (Prohibition and Regulation Act) 1986. If female labour is engaged the Contractor shall make necessary provisions for safeguarding small children and keeping them clear of the site of operation. Labours may be permitted to stay at the designated area at the Site. However any compliance required to be made or any deposits to be paid with local regulating authorities shall be done / borne by the Contractor. The Contractor shall be responsible for payment of all wages, salaries, allowances and payments of whatever nature due and payable to the workman, staff, officers, and technicians engaged by him for the purpose of completion of the Contract, directly without intervention of any intermediaries and without any liability to the Owner. The Contractor also undertakes that no amount by way of commission or otherwise is deducted by him or intermediaries from the wages of the workmen. It is specifically understood and agreed between the parties that there is no privity of contract between the Owner and the workmen, staff, Subcontractors and officers engaged by the Contractor and that it shall be the sole responsibility of the Contractor for payment of dues to such workmen, staff and officers. It is further clarified that these workmen, staff, officers etc., hired by the Contractor shall not have any claims of any nature against the Owner and all their claims shall lie only against the Contractor or the Subcontractor, as the case may be.

The Contractor shall furnish to the Engineer-in-Charge fort nightly a distributions return of the number and descriptions by trade of the people employed on the Works. The Contractor shall also submit on the 4th and 19th of every month to the Engineer-in-Charge a true statement showing in respect of the second half of the preceding month and first half of the current month (i) the circumstance under which they happened and the extent of damage and injury caused by them (ii) the member of female workers who have been allowed maternity benefits provided under the provisions of the Maternity Benefit Act, 1961 and the rules framed thereunder. In the event of any loss/ damages caused to the Owner on account of the failure on the part of the Contractor to comply with the applicable provisions of the Labour Regulations as detailed in Clause 5.7 below, then without prejudice to the other rights available to the Owner under the terms of this Contact, the Contractor shall be liable to indemnify the Owner and hold it harmless to the extent of such loss/ damage suffered by the Owner (including payments if any made by the Owner under and for observance of the Labour regulations). It is clarified that such liability on the part of the Contractor shall be without prejudice to its right to claim indemnity from its Subcontractor.

5.6 SUB-CONTRACTS

The whole of the Works included in the Contract shall be executed by the Contractor to whom the Work is entrusted and the Contractor shall not directly or indirectly transfer assign or undulate the Contract or any part share thereof or any interest therein without the prior written consent of the Owner and no undertakings shall relieve the Contractor from the full and entire responsibilities of the Contract or from active superintendence of the Works during the progress.

The Contractor or his agent shall be in attendance at the superintend the executions of Works with such additional assistance in each trade as the Engineer-in-Charge may consider necessary. Order given to the Contractor's agent shall be considered to have the same force as if they have been given to the Contractor himself. The Contractor will be responsible for the complete co-ordination of all the Works including that of Subcontractors, for arranging runs of all services and working to the requirements and layouts of the specialists trades for execution of the Works.

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(i) The Contractor shall make payment to the nominated Subcontractor within

three days of the Contractor‟s receipts of the payment from the Owner against the Contractor‟s certificates, provided that before any certificate is issued, the Contractor shall upon request, furnish to the Owner proof that all nominated Subcontractor‟s accounts included in previous certificate have been duly discharged in default whereof the Owner may pay the nominated Subcontractor upon a certificate of the Owner and deduct the amount thereof from any sums due to the Contractor. The exercise of the power shall not create privity of contract as between Owner and Subcontractor.

(ii) The Owner in their absolute discretion may recommend payment to the nominated Subcontractor directed by the Owner and deduct the amount thereof from the same due or which may become due to the Contractor or recover the same as a debt from the Contractor.

5.7 LABOUR REGULATIONS :

The Contractor will comply with, carry out, observe and perform all the provisions of the Contract Labour (Regulations and Abolition Act), 1970(as amended from time to time) and the rules framed thereunder, the Minimum Wages Act 1948 (as amended from time to time) and the rules framed thereunder, the Payment of Wages Act 1936 (as amended from time to time) and the rules framed thereunder, the Worker‟s Compensation Act 1923 (as amended from time to time) and the rules framed thereunder, the Employees Provident Fund And Miscellaneous Provision Act 1952 (as amended from time to time) and the rules and the schemes framed thereunder, the Employees State Insurance Act 1948 (as amended from time to time) and the rules framed thereunder, the Maternity Benefit Act 1961 (as amended from time to time) and the rules framed thereunder, the Industrial Dispute Act, 1947 (as amended from time to time) and the rules framed thereunder, and all other applicable central as well as state acts, laws, rules, regulations, notifications and orders, as may be in force from time to time in relation to labour, contract labour, workmen, employees and conditions of their service(“Labour Regulations”). The Contractor shall also ensure and be responsible to see that any Subcontractor to whom he may have sub-contracted any part of the Work also complies with, carries out and observes all the provisions of the Labour Regulations. If the Contractor or the Subcontractor(s) shall fail to comply with, carry out, observe or perform or shall commit a breach of any of the provisions of the Labour Regulations, and if the Owner there upon complies with the said Labour Regulations and for that purpose has to make any payment or payments of any nature whatsoever to the labour employed by the Contractor or by the Subcontractor or the Owner suffer any losses, damages, costs, charges and expenses and the Contractor or any Subcontractor of his fails to comply with, carry out, observe or perform or shall commit a breach of any of the provisions of the Labour Regulations and as a result thereof the Owner is prosecuted or any legal or other proceeding are taken against the Owner and the Owner suffers any other losses or damages then the Contractor shall indemnify and keep and hold the Owner and all its employees harmless and indemnified against all such payments which the Owner may be required or may have to make whether to the workman of the Contractor or of any Subcontractor or to any other party or parties or authority or authorities whatsoever and against all such fines, penalties, compensation, damages or other amounts as aforesaid and against all losses, damages, cost, charges and expenses. It may be clarified that the above shall be without prejudice to any other rights or remedies which the Owner may have against the Contractor under the Contract Documents, Applicable Laws or in equity, for the recovery of the aforesaid amounts mentioned in this Clause. The Owners hall further be entitled to deduct all such amounts from any payments, that may be or may become due to the Contractor under the Contract Documents or under any other contract or otherwise howsoever. The EIC shall certify the amount or amounts to be so paid by the Contractor to the Owner and his certificate in respect thereof shall be final and binding on the Contractor.

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5.8 SITE ORDER BOOK :

The Engineer-in-Charge shall communicate or confirm his instructions to the Contractor in respect of the executions of Work in a “work site order book “maintained in the office of EIC. The Site In-Charge shall confirm receipt of such instructions by signing the relevant entries in the book. Any instructions issued by the Site-in-Charge orally, shall be of no immediate effect but shall be confirmed in writing by the Contractor to the Site-in-Charge within seven days and if not dissented from in writing by the Engineer-in-Charge to the Contractor within 7 days from receipt of Contractor‟s confirmation shall take effect as from the expirations of the letter said 7 days. Provided always that (a) if the Engineer-in-Charge within 7 days of giving such oral instructions himself confirm the same in writing, then the Contractor shall not be obliged to confirm as aforesaid and the said instruction shall take effect as from the date of Engineer-in-Charge‟s confirmation and (b) provided that if neither the Contractor nor the Engineer-in-charge shall confirm such oral instructions in the manner and at the time aforesaid but the Contractor shall nevertheless comply with the same then the Engineer-In-Charge may confirm the same in writing at any time prior to the issue of the Final Certificate and the said instructions shall there upon be deemed to have taken effect on the date on which it was issued. The Contractor shall provide and do everything necessary for the proper execution of the Works according to the true intent and meaning of the Drawings and Specifications taken together, whether the same may or may not be particularly shown on the Drawings or Described in the Schedule of Quantities, provided that the same can be reasonably inferred therein from. Figured dimensions and all dimensions and particulars to be taken from the actual work.

The whole of the Work must be proceeded with such section and at such times as directed by the Owner.

The EIC may, from time to time, issue further drawings or written instructions which are hereafter collectively referred to as „EIC‟s Instructions in regard to:-

a) The variation or modification of the design quality or quantity of Works or the

addition or omission or substitution of any Work. b) Any discrepancy in the Drawings or between the Schedule of Quantities and / or

drawings and /or specifications. c) The removal from the Site of any materials brought thereon by the Contractor

and / or the substitution on any material thereof. d) The removal or re-execution or both of any Works executed by the Contractor. e) The dismissal from the Works of any persons employed thereupon. f) The opening up for inspection of any Work covered up. g) The amending and making good of any defects of Works improperly carried out.

The Contractor shall forthwith comply with and execute any Work comprised in such EIC‟s Instructions. Any instructions given verbally shall be deemed as instructions for the proper execution of the Works as long as they do not involve any extra charges.

If the Contractor after receipt of written notice from the EIC requiring compliance within seven days fails to comply with such Drawings or EIC‟s instructions or both as the EIC may issue, Owner may employ and pay other persons to execute any such work whatsoever that may be necessary to give effect to such Drawings on EIC‟s instructions and all cost incurred in connection therewith as certified by the EIC shall become due to the Contractor under the Contract or may be recovered as a debt.

5.9 CONTRACTOR’S RESPONSIBILITY WITH THE MECHANICAL, ELECTRICAL

INTER-COMMUNICATION SYSTEM, AND OTHER AGENCIES :

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Without repugnance to any other condition, it shall be the responsibility of the Contractor executing the Work and to work in close co-operation and co-ordinate the works with other contractors or their authorized representatives and the Contractor will put up a joint scheme, showing the arrangements, with other contractors / agencies for carrying his portion of Work to the Engineer-in-Charge, and get the Approval. The Contractor before finally submitting the schemes to the Engineer-in-Charge shall have the written agreement to such scheme of the other agencies. The Engineer-in-Charge, before communicating his Approval of the scheme, with any required modifications shall get the final agreement of all the agencies, which shall be binding. No claim in any manner what so ever shall be entertained on account of the above. The Contractor shall conform in all respects, with the provisions of any statutory regulations, ordinances or by laws of any local or duly constituted authorities or public bodies which may be applicable from time to time to the Works or any temporary works. The Contractor shall keep the Owner harmless and indemnified against any and all penalties and liabilities of every kind arising out of non-adherence to any Applicable Laws.

5.10 OTHER AGENTS AT SITE : The Contractor shall have to execute the Work in such place and condition where other agencies will also be engaged for other works such as site grading, filling and levelling, electrical and mechanical engineering works etc. No claim shall be entertained to Works being executed in the above circumstances.

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SECTION – VI

CERTIFICATES AND PAYMENTS 6.1 SCHEDULE OF RATES AND PAYMENTS i ) CONTRACTOR'S REMUNERATION

The price to be paid by the Owner to the 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 Schedule of 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.

ii ) Schedule of rates to be inclusive

The prices/ rates quoted by the Contractor shall remain firm till the issue of Final 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 known the nature, scope, magnitude and the extent of the Works and materials required, though the Contract Documents may not fully and precisely furnish them. He shall make such provision in the Schedule of 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 the Contract Documents.

Generality of this present provision shall not be deemed to cut down or limited 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. iii ) Schedule of Rates to cover Equipment‟s, materials, labour etc. - Without in any way limiting the provision of the preceding sub-clause, the Schedule of Rates shall be deemed to include and cover the cost of all constructional work, temporary work (except as provided for herein), pumps, materials, labour, the insurance, fuel, stores, and appliances to be supplied by the Contractor and other matters in connection with each item in the Schedule of Rates and the execution of the Works or any portion thereof, finished complete in every respect and maintained as shown or described in the Contract Documents or may be ordered in writing during the continuance of the Contract.

iv) Schedule of rates to cover royalties, rents and claims - The Schedule of Rates shall be deemed to include and cover the cost of all royalties and fees for the articles and processes, protected by letters, or otherwise incorporated in or used in connection with the Works, also all royalties, rents and other payments in connection with obtaining materials of whatsoever kind for the Works and shall include an indemnity to the Owner which the Contractor hereby gives against all actions, proceedings, claims, damages, costs and expenses arising from the incorporation in or use on the Works of any such articles, processes or materials. Octroi or other municipal or local board charges if levied on materials, equipment or machineries to be brought to the Site for use on Work shall be borne by the Contractor.

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v ) Schedule of rates to cover taxes and duties - No exemption or reduction of customs duties, excise duties, sales tax, quay or any port dues, transport charges, stamp duties or state Government or local body or Municipal Taxes or duties, Taxes or charges shall be deemed to be included in and covered by the Schedule of Rates. The Contractor shall also obtain and pay for all permits or other privileges necessary to complete the work.

vi) Schedule of rates to cover risks of delay - The Schedule of Rates shall be deemed to include and cover the risk of all possibilities of delay and interference with the Contractor's conduct of Work which occur from any cause including orders of the Owner, in the exercise of his powers and on account of extension of time granted due to various reasons and for all other possible or probable causes of delay.

v ) Schedule of rates cannot be altered

For work under unit rate basis, no alteration will be allowed in the schedule of item of Works (i.e. description of item) or any 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 by the Owner and cannot be altered.

For such unit rate contract, the payment will be made according to the Work actually carried out, for which purpose an item wise, work wise, Schedule of Rates shall be furnished, suitable for evaluating the value of Work done and preparing running account bills.

6.2 PROCEDURE FOR MEASUREMENT/ BILLING OF WORK IN PROGRESS

i) MEASUREMENTS

All measurements shall be in metric system. All the works in progress will be jointly measured by the representative of the Engineer-in-Charge and the Contractor's authorized agent progressively. Such measurement will be got recorded in the measurement book by the Engineer-in-Charge or his authorized representative and signed in token of acceptance by the contractor or his authorized representative. For the purpose of taking joint measurement the contractor's representative shall be bound to be present whenever required by the Engineer-in-Charge. If, however, he absents for any reason whatsoever the measurement will be taken by the Engineer-in-Charge or his representative and this will be deemed to be correct and binding on the contractor.

ii) BILLING The contractor will submit a bill in approved proforma based on joint measurements in quintuplicate along with soft copy to the Engineer-in-Charge of the work giving abstract and detailed measurements for the various items executed during a month, before the expiry of the 1st week of the succeeding month. The Engineer-in-Charge shall take or cause to be taken the requisite measurements for the purpose of having the same verified and the claim, as far as admissible, adjusted, if possible, before the expiry of 10 days from presentation of the bill.

iii) SECURED ADVANCE ON MATERIALS In case of tenders for completed item of work, contractor may be allowed Payments on the security of materials (pre-identified and described in special condition of contract) brought to site for execution of the contracted item of work, to the extent of 75% of the value of materials against documentary evidence with test & inspection certificate and after furnishing a Hypothecation Bond in the format (attached herewith as Appendix-E), on non-judicial stamp paper of appropriate value and shall provide the owner satisfactory evidence of insurance of insurable materials (pre-identified and described in Special Condition of Contract) for full value of the material during storage and

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erection against all insurable risks (including explosion) in the joint names of owner and the contractor. However, such Secured Advance shall not be payable for items defined in the tender document or where the material is issued by Owner. Recoveries of payments so made, would not be postponed until the whole of work entrusted to the contractor is completed. They shall be adjusted from his bill, for work done as the materials are used, the necessary deductions being made whenever the items of work in which they are used are billed for. The decision regarding the imperishable nature of the materials on which the above is applicable, shall be at the discretion of Engineer-in-Charge.

iv) DISPUTE IN MODE OF MEASUREMENTS In case of any dispute as to the mode of measurement not covered by the contract to be adopted for any item of work, mode of measurement as per latest Indian Standard Specifications shall be followed.

6.3 LUMPSUM ITEMS IN TENDER

For the items in the Tender where it includes lumpsum in respect of parts of work the Contractor shall be entitled to payment in respect of the items at the same rates as are payable under the Contract for such items, or if the part of the Work in question is not complete/ not capable of measurement, in the opinion of the Engineer-in-Charge, the Engineer-in-Charge may at his discretion approve the lumpsum amount entered in the Tender or a percentage thereof and the certificate in writing of the Engineer-in-Charge shall be final and conclusive against the Contractor with regards to any sum of or sums payable to him under the provisions of this clause.

6.4 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS ADVANCES

All running account payments shall be regarded as payment by way of advance against the final payment only and not as payments for work actually done and completed and shall not preclude the requiring of bad, unsound and imperfect, or unskilled work to be removed and taken away and reconstructed or re-erected or be considered as an admission of the due performance of the Contract, or any part thereof in this respect, or of the accruing of any claim by the Contractor, nor shall it conclude, determine or effect in any way the powers of the Owner under these conditions or any of them as to the final settlement and the adjustments of the accounts or otherwise, or in any other way vary or effect the Contract. The final bill shall be submitted by the Contractor within one month of the date of physical completion of the Work, otherwise the Engineer-in-Charge certificate of the measurement and of total amount payable for the Work accordingly shall be final and binding on all parties. The Contractor shall make out an assessment of the Work performed during the preceding week and submit a Weekly Running Account Bill (in the form prescribed by the Owner) in triplicate to the Site Engineer for the work performed during the said month/ period. If there has been an omission or failure to perform any service(s)/ work during the month/ period, Contractor shall make a deduction from the Running Account Bill for each such omission or failure at the rate(s) elsewhere herein prescribed in this behalf and in respect of any omission or failure for which no specific rate for deduction has been prescribed, at the rate(s) or in the amount(s) specified in this behalf by the Engineer-in- Charge. The amount certified for payment by the Engineer-in-Charge on any Running Account Bill shall be conclusive for the determination of any on account payment and no claim shall be entertained by the Owner contrary thereto or in contradiction thereof. Payment of the Running Account Bills shall be made to the Contractor within 15 (fifteen) days of receipt and acceptance of relative Bill(s) by the Site Engineer. Final Bill payment will be released within 30 days time.

6.5 NOTICE OF CLAIMS FOR ADDITIONAL PAYMENT

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Should the Contractor consider that he is entitled to any extra payment or compensation or to make any claims whatsoever in respect of the works, he shall forthwith give notice in writing to the Engineer-in-Charge that he intends to claim extra payment and/or compensation. Such notice shall be given to the Engineer-in-Charge within two days from the ordering of any work or happening of any event upon which the Contractor bases such claims, and such notice shall contain full particulars of the nature of such claim with full details and amount claimed. Failure on part of the Contractor to put forward any claim with the necessary particulars as above within the time above shall be an absolute waiver thereof.

6.6 PAYMENT OF CONTRACTOR'S BILL

No Payment shall be made for works estimated to cost less than Rs.50,000/- till the whole of the work shall have been completed and a certificate of completion given. But in case of works estimated to cost more that Rs.50,000/- the contractor on submitting the bill thereof be entitled to receive a monthly payment proportion to the part thereof approved and passed by the Engineer-in-Charge, whose certificate of such approval and passing of the sums so payable shall be final and conclusive against the contractor. This payment will be made after making necessary deductions as stipulated elsewhere in the contract document for materials, security deposit or any moneys due to the Owner etc. payment due to the contractor shall be made by the Owner if so directed, by Crossed Account Payee Cheque forwarding the same to registered office or the notified office of the contractor. In no case will Owner be responsible if the Cheque is mislaid or misappropriated by unauthorized person/ persons. In all cases, the contractor shall present his bill duly pre-receipted on proper revenue stamp. All payments shall be made in Indian currency.

6.7 RECEIPT OF PAYMENT

Receipt for payment made on account of work when executed by a firm must be signed by a person holding due power of attorney in this respect on behalf of the Contractor, except when the Contractor are described in their tender as a limited company in which case the receipts must be signed in the name of the company by one of its principal officers or by some other person having authority to give effectual receipt for the company.

6.8 RATES FOR SAME ITEMS OF WORK In case where the same item of work is mentioned at one or more places in the Schedule of Quantities, the lowest of the rates quoted by the Contractor for the item shall be taken for the payment of this item.

6.9 DEDUCTION FOR UNCORRECTED WORK If the Owner deems in-expedient to correct work damaged or not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore.

6.10 FLUCTUATIONS

The Contractor shall not claim any extras for fluctuation of price and the Contract Price shall not be subject to any rise or fall of prices.

6.11 UNFIXED GOODS AND MATERIALS

Unfixed materials and goods intended, delivered to and placed on adjacent to the work shall not be removed except for use upon the work unless the Owner/ Architect has consented in writing to such removal which consent shall not be unreasonably withheld. Where the value of any such materials or goods has been included in any Interim

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Certificate under the Contract for which the Contractor has received payment, such material and goods shall become the property of the Owner.

6.12 COMPLETION CERTIFICATE 6.12.1 Application for Completion Certificate

When the Contractor fulfills his obligation under clause 4.26.4 he shall be eligible to apply for Completion Certificate. The Contractor may apply for separate Completion Certificate in respect of each such portion of the work by submitting the completion documents along with such application for Completion Certificate.

The Engineer-in-Charge shall normally issue to the Contractor the Completion Certificate within one month after receiving an application thereof from the Contractor after verifying from the completion documents and satisfying himself that the work has been completed in accordance with and as set out in the construction and erection drawings and the Contract Documents.

The Contractor, after obtaining the Completion Certificate is eligible to present the final bill for the work executed by him under the terms of Contract.

6.12.2 Completion Certificate

Within10 days of the completion of the work in all respects the Contractor shall be furnished with a certificate in the format (attached herewith as Appendix-D) by the Engineer-in-Charge of such completion, but no certificate shall be given nor shall the work be deemed to have been executed until all scaffolding, surplus materials and rubbish is cleared off the site completely or until the work shall have been measured by the Engineer-in-Charge whose measurement shall be binding and conclusive. The work will not be considered complete and taken over by the Owner, until all the temporary works are removed and cleaned to the satisfaction of the Engineer-in-Charge.

If the Contractor shall fail to comply with the requirements of this clause on or before the date fixed for the completion of the work, the Engineer-in-Charge may at the expense of the Contractor remove such temporary works and dispose of the same as he thinks fit and clean off the site to his entire satisfaction, and the Contractor shall forthwith pay the amount of all expenses so incurred and shall have no claim in respect of any such temporary works as aforesaid, except for any sum actually realized by the sale thereof. Completion Certificate Documents - For the purpose of clause 5.8, the following will be deemed to form the completion documents.

i) The Technical documents according to which the work was carried out.

ii) Three sets of construction drawings showing therein the modification and corrections made during the course of execution signed by the Engineer-in- Charge.

iii) Completion Certificate for 'embedded' and 'covered' up works.

iv) Certificates of tests performed for various works.

v) Certificates of final levels as set out for various works. vi) Materials appropriation statement for the materials issued by the Owner for the

works and list of surplus materials returned to the Owner's store duly supported by necessary documents.

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6.13 FINAL DECISION AND FINAL CERTIFICATE

Upon Expiry of the period of liability and subject to the Engineer-in-Charge being satisfied that the works have been duly maintained by the Contractor during monsoon or such period as herein before provided in clause 4.26.1 and that the Contractor has in all respect duly made up any subsidence and performed all his obligations under the Contract, the Engineer-in-Charge shall (without prejudice to the rights of the Owner to retain the provisions of relevant clause hereof) give a certificate herein referred to as the Final Certificate to that effect. The Contractor shall not be considered to have fulfilled the whole of his obligations under the Contract until Final Certificate have been given by the Engineer-in-Charge notwithstanding any previous entry upon the work and taking possession, working or using of the same or any part thereof by the Owner.

6.14 CERTIFICATE AND PAYMENTS NO EVIDENCE OF COMPLETION

Except the Final Certificate, no other certificates or payments against a certificate or on general account shall be taken to be an admission by the Owner of the due performance of the Contract of any part thereof or of occupancy or validity of any claim bythe Contractor.

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SECTION – VII

TAXES AND INSURANCE1

7.1 INCOME TAX, WORKS CONTRACT TAX, SALES TAX, MISCELLANEOUS PAYMENTS:

a) Royalty:

All royalties etc., as may be required for any Borrow Areas, including right of way etc. to be arranged by Contractor shall be deemed to have been included in the quoted prices. Contractor's quoted rates should include the royalty on different applicable items as per the prevailing State Government rates. Any increase in prevailing rate of royalty shall be borne by the Contractor at no extra cost to Owner. Royalty, only for free issue materials, if any, shall be borne by Owner.

b) Income tax/ other statutory deductions at the prevailing rate will be deducted

from Contractor‟s bills as per Income Tax Act/ other Applicable Laws.

c) Service Tax:

i. Refer SCC.

ii. As per Cenvat Credit Rules 2004, Owner can avail credit on payment of service tax to the Contractor. Contractor shall furnish the following information in invoice, bill/ challan issued by him: Name and address of the Contractor Service tax registration number/ STC No. Sr no. of the invoice/ bill/ challan Date of issue Description and value of input service Service tax paid/ payable

d) Cenvat:

i. It is to be noted that the Contractor shall be required to submit the valid

documentary evidence(s) for Excise Duty paid by them to concerned authorities for Owner to claim CENVAT benefit.

ii. Necessary documents such as Transporter‟s copy of challan / Bill of Entry

Triplicate Copy for availing CENVAT benefit to be given in the name of the Owner indicating consignee as the Owner for availing Excise Duty, Copy of Registration with Central Excise Authority and any other document required by the Owner shall be furnished by Contractor to enable Owner to claim CENVAT. Payment shall only be made as per payment terms indicated in Bidding Document against R.A. Bills against receipt of requisite document (cenvatable documents) in this regard from the Contractor.

iii. The classification of goods as per Central Excise should be correctly done to

ensure that CENVAT benefits are not lost by the Owner on account of any error on the part of the Contractor. The Owner shall be at liberty to withhold the payment of CENVATABLE duties (viz. Central Excise Duties etc.) if the

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requirements as specified in the Clause are not fulfilled by the Contractor. The price of materials shall stand reduced accordingly.

iv. The Contractor shall furnish the details of Excise Duty component included in

his Price for the purpose of CENVAT benefit.

v. The amount of ED indicated, as part of Quoted Price shall be considered for evaluation of their offer. Contractor is required to pay all taxes and duties nevertheless and must furnish CENVATABLE documents for the amount of ED paid by him, subject to minimum of the amount of ED indicated by him in the bid document. In case Contractor fails to submit necessary CENVATABLE documents for the amount of ED & CVD indicated and considered for evaluation then the necessary recovery shall be made from the Contractor bills. In case of any quantity variation during the execution of the Contract, the above amount shall be adjusted accordingly.

e) Notwithstanding the foregoing, Owner shall not bear any liability in respect of:

i) Personal taxes on the personnel deployed by Contractor, his Sub-Contractor and Agent etc.

ii) The Corporate Taxes in respect of Contractor and his Sub-Contractor and other Agents, Indian or foreign based.

iii) Any other taxes/ duties/levies except for those specified under para a) to e) above.

f) Firm Prices:

Contract Price shall remain firm and fixed till the completion of Work in all respects and no escalation in prices on any account shall be admissible to the Contractor.

7.2 TAXES, DUTIES, OCTROI ETC.

The Contractor agrees to and does hereby accept full and exclusive liability for the payment of any and all taxes, duties, Octroi etc. now or hereafter imposed, increased modified, and all the sales taxes, now in force and hereafter increased, imposed, or modified from time to time in respect of works and materials and all contributions and taxes for unemployment compensation, insurance and old age pensions or annuities now or hereafter imposed by any Central or State Governmental authorities which are imposed with respect to or covered by the wages, salaries, or other compensations paid to the persons employed by the Contractor and the Contractor shall be responsible for the compliance with all obligations and restrictions imposed by the Labour Law or any other law affecting employer - employee relationship and the Contractor further agrees to comply and secure the compliance by all subcontractors, with all applicable Central, State, Municipal and Local laws and regulations and requirements of any Central, State or Local Government agency or authority, Contractor further agrees to defend, indemnify and hold harmless from any liability or penalty which may be imposed by the Central, State or Local Authorities by reason of any violation by Contractor or Subcontractor of such laws, regulations or requirements and also from all claims, suits or proceeding that may be brought against the Owner arising under, growing out of, or by reason of the work provided for by the Contract by third parties, or by Central or State Government authority or any administrative subdivision thereof.

7.3 STATUTORY VARIATIONS IN TAXES/DUTIES 7.3.1 Refer SCC

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7.4 INSURANCE

Contractor shall at his own expense carry and maintain insurance with reputable insurance companies to the satisfaction of the Owner as follows:

i) Employees State Insurance Act

The Contractor agrees to and does hereby accept full and exclusive liability for the compliance with all obligations imposed by the Employees State Insurance Act, 1948, and the Contractor further agrees to defend, indemnify and hold Owner harmless from any liability or penalty which may be imposed by the Central, State or Local Authority by reason of any asserted violation by the Contractor or Subcontractor, of the Employees State Insurance Act, 1948 and also from all claims suits or proceedings that may be brought against the Owner arising under, growing out of or by reason of the work provided for by the Contract whether brought by employees of the Contractor, by third parties or by Central or State Government authority or any political subdivision thereof.

The Contractor agrees to filling, with the Employees State Insurance Corporation, the Declaration Forms and all forms which may be required in respect of the Contractor's or Subcontractor's employees and who are employed in the work provided for or those covered by ESI Act under any amendment to the Act from time to time. The Contractor shall deduct and secure the agreement of the subcontractor to deduct the employee's contribution as per the first schedule of the Employee State Insurance Act from wages and affix the Employee's contribution Cards at Wages payment intervals. The Contractor shall remit and secure the agreement of the subcontractor to remit to the State Bank of India, Employees State Insurance Corporation Account, the Employee's contribution as required by the Act. The Contractor agrees to maintain all Cards and records as required under the Act in respect of employees and the payments and the Contractor shall secure the agreement of the subcontractor to maintain such records. Any expenses incurred for the contributions, making contribution or maintaining records shall be to the Contractor's or subcontractor's account.

The Owner shall retain such sum as may necessary, from the total contract value until the Contractor shall furnish satisfactory proof that all contributions as required by the employees State Insurance Act, 1948 have been paid.

ii) Workman's Compensation And Employee's Liability Insurances

Insurance shall be effected for all the Contractor's employees engaged in the performance of the Contract. If any of the work is sublet, the Contractor shall require the subcontractor to provide workman's compensation and employee's liability insurance for the latter's employees if such employees are not covered under the Contractor's insurance.

iii) Any other insurance required under Applicable Law or regulations or by Owner

Owner shall cover Project Materials and Equipment under an overall Marine-cum-Erection Insurance Policy. Contractor shall carry and maintain any and all other insurance's which may be required under any law or regulation from time to time. He shall also carry and maintain any other insurance which may be required by the Owner.

iv ) Automobile Liability Insurance

Contractor shall take out an Automobile Liability Insurance to cover all risks to Owner for each of his vehicles plying on works of the Contract and these insurances shall be valid for the total contract period. No extra payments will be made for this insurance. Owner shall not be liable for any damage or loss not made good by the insurance company, should such damage or loss result from unauthorized use of the Vehicle.

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v) Third party risk liability insurance

A policy to cover 3rd

party risk liability to the following limits shall be taken by the Contractor:

I) Maximum damage payable in the grant of single accident Rs.1,00,000 only

(Rupees One Lac Only) II) Maximum damage payable in course of the entire construction period

Rs.10,00,000 only (Rupees Ten Lacs only) 7.5 DAMAGE TO PROPERTY i) Contractor shall be responsible for making good, to the satisfaction of the Owner any

loss of and any damage to all structures and properties belonging to the Owner or being executed or procured or being procured by the Owner or of other agencies within the premises of all the work or the Owner, if such loss or damage is due to fault and/or the negligence or willful acts or commission of the Contractor, his employees agents, representative or subcontractor.

ii) The Contractor shall indemnify and keep the Owner harmless of all claims for damage

to property other than Owner's property arising under or by reason of this agreement if such claims result from the fault and/or negligence or willful acts or commissions of the Contractor his employees, agents, representative or subcontractors.

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SECTION – VIII

LABOUR LAWS & SAFETY REGULATIONS 8.1 LABOUR LAWS

The Contractor undertakes to ensure due and complete compliance with all Applicable Laws including without limitation the Labour Regulations, applicable to the labour, personnel contract labour, workmen, employees employed / appointed or whose services are otherwise availed of by the Contractor or the Subcontractor. Applicable Laws include without limitation, (i) The Minimum Wages Act, 1948 (as amended from time to time) and the rules framed there under, (ii) the Contract Labour (Regulation and Abolition) Act 1970 (as amended from time to time) and the rules framed there under, (iii) The Workmen‟s Compensation Act 1923 (as amended from time to time) and the rules framed there under, (iv) The Payment of Gratuity Act, 1972 (as amended from time to time) and the rules framed there under, (v) the Provident Fund & Miscellaneous Provisions Act, 1952 etc. The consideration payable under this Contract is inclusive of all the amounts payable by the Contractor to its Subcontractors‟, its workmen, staff, employees, agents etc. The Contractor shall keep the Owner harmless and indemnified, for the entire term of the Contract and thereafter, for and against any and all demands, claims liabilities arising out of or in relation to such payments or demands from workmen, employees, sub-contractors, agents of the Contractor or Subcontractors or any demands or claims of any statutory and competent authorities of the Central / State Government. Further, the Owner shall have right, exercisable at its discretion, to inspect the records of the Contractor / its Subcontractor(s) at any time and prescribe necessary correction or additional steps in this regard for checking / ensuring compliance with this Clause and other Applicable Laws and in the event the Contractor failing to effect such compliance within the time prescribed by the Owner, the Owner shall be entitled to withhold from the amount payable by the Owner to the Contractor, such amounts as are payable to the workmen / employees / agents / of the Contractor / Sub-contractors or to Sub-contractors under any Applicable Laws including the Labour Regulations and make such payments to the workmen/ employees/ agents/ Subcontractors.

8.2 IMPLEMENTATION OF APPRENTICES ACT 1961

The Contractor shall comply with provisions of the Apprentices Act, 1961 and the rules / orders issued there under from time to time. If he fails to do so, his failure will be breach of the Contract and the Engineer-in-Charge may, at his discretion, cancel the Contract. The Contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provision of the Apprentices Act, 1961.

8.3 CONTRACTOR TO INDEMNIFY THE OWNER i) The Contractor shall indemnify the Owner and every member, officer and employee of

the Owner, also the Engineer-in-Charge and his staff against all actions, proceedings, claims, demands, costs, expenses whatsoever arising out of or in connection with the matters referred to in these General Conditions of Contract and other Contract Documents and all actions, proceedings, claims, demands, costs and expenses which may be made against the Owner for or in respect of or arising out of any failure by the Contractor in the performance of his obligations under the Contract Documents. The Owner shall not be liable for or in respect of any demand or compensation payable under Applicable Law in respect of or in consequences of any accident or injury to any workmen/ employee/ agent/ Subcontractor of the Contractor or other person in the employment of the Contractor or his sub-contractor and the Contractor shall indemnify and keep indemnified the Owner against all such damages and compensations and against all claims, damage, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto.

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ii) Payment of claims and damages

Should the Owner have to pay any money in respect of such claims or demands as aforesaid, the amount so paid and the costs and expenses so incurred by the Owner in this regard shall be charged to and paid by the Contractor and the Contractor shall not be at liberty to dispute or question the rights of the Owner to demand such payments, notwithstanding the same may have been made without his consent or authority or under Applicable Laws or otherwise to the contrary.

In every case to which by virtue of the provisions of Section 12, Subsection (i) of the Workmen's Compensation Act, 1923 or other applicable provisions of the Workmen's Compensation Act or any other act, the Owner is obliged to pay compensation to a workmen employed by the Contractor in execution of the Works, the Owner will recover from the Contractor, the amount of compensation so paid and without prejudice to the rights of the Owner under the said section 12, subsection (2) of the said act, the Owner shall be at liberty to recover such amount or any part thereof by deducting it from the Security Deposit and / or from any sum due payable by the Owner to the Contractor whether under the Contract or otherwise. The Owner shall not be bound to contest any claim made under section 12, subsection (i) of the said Act except on the written request of the Contractor and upon his giving to the Owner full security for all costs and expenses which the Owner may incur in this regard (including reasonable legal fees) for which the Owner might become liable, in consequence of contesting such claims.

iii) Employment Liability a) The Contractor shall be solely and exclusively responsible for engaging or employing

persons for the execution of the Work. All employees engaged by the Contractor shall be on his/their pay roll and paid by him/them. All disputes or differences between the Contractor and his/their employees shall be settled by him/them. The Owner has absolutely no liability whatsoever concerning the employees of the Contractor. The Contractor shall indemnify the Owner and keep the Owner harmless and indemnified against all losses or damages or liability arising out of or in the course of the Contractor employing persons or relations with his/their employees. The Contractor shall make regular and full payment of wages and on any complaint by the any employee of the Contractor or his Subcontractor regarding nonpayment of wages/salaries or other dues, Owner reserves the right to make such payments directly, to such employee or subcontractor of the Contractor and recover the amount in full from the bills of the Contractor, and the Contractor shall not claim any compensation or reimbursement thereof. The Contractor shall comply with the Minimum Wages Act applicable to the area with regard to payment of wages or his employees and also of employees of his subcontractor.

b) The Contractor shall advise in writing, to all of his employees and the employees of his subcontractors as follows:“It is fully understood that your appointment and / or deployment is only in connection with the execution of the Contract to us from the Owner and it does not give you any right of claim for employment by the Owner.”

8.4 HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS

In respect of all labour directly or indirectly employed in the Works for performance of the Contractor‟s part of the Contract, the Contractor shall comply with or cause to be complied with all the rules and regulations of the local sanitary and other authorities or as framed by the Owner from time to time for the protection of health and sanitary arrangements for all workers.

8.5 SAFETY REGULATIONS i) In respect of all labour, directly or indirectly employed in the work for the performance

of Contractor, the Contractor shall at his own expense arrange for all safety provisions as per safety codes of CPWD, Indian Standard Institution, The Electricity Act, The Mines Act and any such other acts as applicable.

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ii) The Contractor shall ensure that he, his Subcontractor and his, or their personnel or representatives shall comply with all Fire / Safety regulations issued from time to time by the Owner or otherwise howsoever and should any injury resulting in death or not or loss / or damage due to Fire to any property or a portion thereof, occurred as a result of failure to comply with such regulations, the Contractor shall be held responsible for the consequences thereof and shall keep the Owner harmless and indemnified.

8.6 ARBITRATION

a) Any dispute or difference of any nature whatsoever any claim, cross-claim, counter-claim or set off of the Owner against the Contractor or regarding any right, liability, act, omission, or account of any of the parties hereto arising out of or in relation to the Contract Documents shall be referred to the Sole Arbitration of the Managing Director of Bharat Oman Refineries Ltd., or of an Officer of Bharat Oman Refineries Ltd. who may be nominated by the Managing Director. 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 Owner or that he has dealt with the matters to which the Contract relates to or that in the course of his duties as an Officer of the Owner 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 Managing Director as aforesaid at the time of such transfer, vacation of office or inability to act may at the discretion of the Managing Director designate another person to act as arbitrator in accordance with the terms of the Contact to the end and intent that the original Arbitrator shall be entitled to continue the arbitration proceedings notwithstanding his transfer or vacation of office as an Officer of the Owner, if the Managing Director does not designate another person to act as arbitrator on such transfer or 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 be a term of the Contract that no person other than the Managing Director or a person nominated by such Managing Director of the Owner shall act as the sole arbitrator hereunder. The award of the arbitrator so appointed shall be final conclusive and binding on all parties to the Contract. The Arbitration shall be conducted in accordance with the provisions of the (Indian) Arbitration Act and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made there under for the time being in force.

b) The award shall be in writing and published by the Arbitrator within 60 days after

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

c) 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.

d) 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 entitled to make separate awards in respect of claims or cross-claims of the parties.

e) 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 required one or both the parties to deposit funds in such proportion to meet arbitrators expenses whenever called upon to do so.

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f) The language of the proceedings will be English and the place of proceedings

will be Bina, District Sagar (MP). 8.7 JURISDICTION

Subject to Clause 8.6 above, Courts of competent jurisdiction in the State of Madhya Pradesh shall alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under the Contract Documents. Any award or awards made by the Sole Arbitrator shall be filed, if required, in the Courts of competent jurisdiction in the State of Madhya Pradesh alone.

8.8 STATUTORYREQUIREMENTS (a) The Contractor will be fully responsible for complying with all relevant provisions

of the Contract Labour(Regulation and Abolition) Act, 1970 and shall pay rates of wages and observe hours of work/conditions of employment according to the rules in force from time to time.

(b) The Contractor will be fully responsible for complying with the provisions of the Workmen‟s Compensation Act, 1923 and shall ensure safe working conditions for his workers as well as workers of his sub-contractors/ agencies etc.

(c) The Contractor shall comply with provisions of payment of all Applicable Laws, including without limitation, as per the following acts:

(i) Payment of wages Act, 1936 (ii) Workmen‟s Compensation Act, 1923 (iii) Industrial Dispute Act, 1947 (iv) Minimum Wages Act, 1948 (v) Employees State Insurance Act, 1948 (vi) Maternity Benefit Act, 1961 (vii) Mines Act, 1952 or (viii) Employee Provident Fund and Miscellaneous Provisions Act, 1952 (ix) Building and Other Construction Work Act/ Cess Act

(d) Any amendments/ modifications thereof or any other Applicable Law relating thereto and rules made there under from time to time.

(e) The Contractor shall be liable to pay his contributions and his employees contributions to the State insurance scheme in respect of all labour employed by him for the executions of the Contract, in accordance with the provisions of the Employees State Insurance Act of 1948 as amended from time to time. In case the Contractor fails to submit full details of his account of labour employed and the contributions payable, the Engineer-in-Charge shall recover from running bills of the Contractor an amount of the contribution assessed by him. The amount so recovered shall be adjusted against the actual contribution payable for Employees state insurance.

(f) Engineer-in-Charge shall on a report having been made by an inspecting office

as defined in the Contract Labour (Regulation and Abolition) Act, 1970 have the power to deduct from the money due to the Contractor any sum required or estimated to be required for making good the loss suffered by a worker (s) by reasons of non-fulfillment of conditions of the Contract for the benefit of workers no-payment of wages or of deductions made from his or their wages which are not justified by the terms of Contract or non-observance of the aforesaid regulation.

g) Local labour will have to be engaged to the extent possible and as stipulated by

M. P. State Government.

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(h) The Contractor shall comply to Madhya Pradesh Labour Welfare Fund Act as applicable during execution of contract and make contribution as per section 9 of the Madhya Pradesh Labour Welfare Fund Act, 1982 and all other applicable provisions under which it is mandatory to deposit Labour Welfare Fund on biannual basis at the end of each 6 months period. The present (Jan 2014) biannual rate of contribution is as under:

i) Employee/ Worker Contribution: Rs 6.00 per employee/ worker. ii) Employer Contribution: Rs 18.00 per employee/ worker. (Minimum

Employer Contribution shall be Rs 500.00).

The contribution is payable through bank Demand Draft in favour of “Welfare Commissioner, M.P. Labour Welfare Board – Bhopal” payable at Bhopal along with statement of employees and employer contribution in the Form A. The address of welfare authority is as under: M.P. Labour Welfare Board 83, Malviya Nagar, Bhopal (M.P.) Pin – 462 002

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SECTION-IX

SAFETY CONDITIONS APPLICABLE TO ALL WORKS

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9.1 COMPLIANCE WITH STATUTORY REQUIREMENT

Any consultants, contractors or other third parties working in the field shall abide by

a) The safety regulations for working in areas of the work as defined in scope of work.

b) All requirements under The Factories Act 1948 and the rules framed there-

under in the M P Factories Rules, as applicable.

c) Applicable Environment Regulations in force and also the systems and procedures in M.P/ state of work.

Contractor shall follow complete HSE (Health, Safety and Environmental Policy) of the Owner . 9.2 IMPLEMENTATION OF SAFETY REGULATIONS:

The Contractor shall at his own expense arrange and comply with all safety provisions as stipulated by the company / Bureau of Indian Standards/the Electricity act/Factory act/OISD and other acts as applicable, in respect of all personnel, directly or indirectly employed by the Contractor for the work. The Contractor shall ensure that he, his Subcontractor and workers employed by him shall comply with all fire/safety/health regulations issued from time to time by the company. If he fails to do so, his failure will be a breach of the Contract and Engineer-in-charge may, at his discretion, stop all works or cancel the Contract. The Contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the safety requirements. Should any injury to people or loss or damage due to fire/or accident to any property or a portion thereof occur as a result of failure to comply with such regulations, the Contractor shall be held responsible for the consequences thereof and shall keep the company harmless and indemnified.

9.3 RELEVANT INDIAN STANDARD CODES ON SAFETY

a) IS :3764 -1992-Excavation work-code of safety b) IS :4014(Part 1 &2)-1967-Safety regulations for steel tubular scaffolding c) IS :3696(Part 1)-1987-Safety code for scaffolds d) IS :3696(Part 2)-1987-Safety code for Ladders e) IS:7293-1974 -Safety code for working with construction machinery f) IS:4081-1986 -Safety codes for blasting and related drilling operations g) IS:3016-1982 -Code of practice for fire precautions in welding and cutting

operations h) IS:4130-1991-Demolition of buildings-Code of safety i) IS:5216(Part 1 & 2)-1982-Recommendation on safety procedures and practices in

Electrical work. j) IS:5121-1969-Safety code for piling and other deep foundations k) IS:10667-1983-Guide for selection of industrial safety equipment for protection foot

and leg. l) IS:1989(Part 2)-1986-Leather safety boots and shoes for heavy metal industry m) IS:6994(PART 1)-1973-Specification for safety gloves: part -1- Leather and cotton

gloves n) IS: 2925-1984-Specification for Industrial safety helmets o) IS:3521-1983-Industrial safety belts and harnesses

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9.4 CONTRACTOR’S OBLIGATIONS ON HSE

Safety action plan for each construction site prepared by the Owner shall be binding on Contractor and shall adhere to the same. The Contractor shall at all times designate a supervisor possessing required experience and skill for safety and health duties. Some examples of duties, which shall be assigned, are: - (i) Observance of safety action plan for the work and conditions stipulated in the

tender/agreement. (ii) Provision, construction and maintenance of safety facilities like access

roadways, pedestrian routes, barricades and overhead protection. (iii) Construction and installation of safety signs (iv) Safety provisions peculiar to each trade (v) Testing of lifting machinery's such as cranes and goods hoists and lifting gears

such as ropes and shackles. (vi) Inspection and maintenance of access facilities such as scaffolds and ladders. (vii) Inspection and cleaning of welfare facilities such as toilets, clothing,

accommodation and canteens. (viii) Transmission of the relevant parts of the safety plans to each work group. (ix) Emergency and evacuation plans. (x) Information to management quickly about unsafe practice and defective

equipment. (xi) Dissemination of information's on health and safety. (xii) Attend safety meetings and provide all information's about safety and health

and also implement at work spot resolutions taken during the meetings. (xiii) Assist Owner‟s Engineers in conducting the mock drill. (xiv) Maintain vigil on use of personal protective equipment by the workers. (xv) Safety talks to supervisors and workers.

9.5 MAJOR CONTRACTS:

All contractors who employ more than 50 workers, the following facilities are to be

provided by the Contractor at site at his own cost.

1. Arrangement for clean drinking water close to work spot 2. Toilet facilities 3. Canteen where tea and snacks are available 4. A crèche where 10 or more women workers are having children below the

age of six years. 5. Transport arrangement for attending to emergencies 6. Arrangement of First Aid.

9.6 QUALIFICATION AND EXPERIENCE OF MANPOWER TO BE DEPLOYED

Contractors shall deploy only experienced and qualified supervisors and workmen, who are well conversant with the safety & environment regulations in the Sea and Coastal areas. The supervisors should be so qualified and experienced that they should be able to assimilate the safety training inputs provided for such works.

Past experience must be on same type of job for which the supervisors would be engaged.

Contractors skilled workmen like Surveyors, Electronic Engineers, Sampling and laboratory technicians, riggers other specialized equipment operators like power generators etc. must have sufficient past experience and skills on relevant jobs. The Electricians to be deployed on the job must have valid Wireman License.

All workmen must be capable of following instructions and training.

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9.7 HEALTH ASSURANCE

Contractors will ensure that a qualified (minimum MBBS) medical practitioner registered with the State Medical Council has medically examined all his workers including supervisors, who would be deployed on the job. Only medically sound persons as certified by the medical practitioner would be allowed on the job. The medical certificates older by more than six months will not be accepted.

Health Assurance certificates submitted by the contractors may be periodically checked at random by Engineer In Charge/ Owner‟s authorities.

9.8 RESTRICTIONS IN USE OF MAN POWER AND NORMAL TIMINGS FOR WORK Contractor shall put all efforts to deploy minimum manpower to execute the work awarded to him in stipulated time by using modern techniques & mechanization. Contractors deploying minimum manpower will be given due weights while renewing his registration. No Contractor‟s employees shall normally work for more than 8 hours a day and not more than 48 hours in a week of seven days. After every 48 hours of working, an employee must get one full day‟s rest. The normal duty timings for Contractor‟s employees shall be between 8.30 AM and 17.30 PM. Any deviation from above shall be with express permission from the Engineer-in-charge.

9.9 TRAINING 9.9.1 Contractor must ensure that all his supervisors have undergone safety training. 9.9.2 Contractors responsibility for training his employees

a) Contractor must ensure that all his supervisors have undergone safety training

and keep document of such training. He shall also ensure that each of his employees has received and understood from his supervisors necessary training on safety for working in the Refinery/ Township premises.

b) Contractor must maintain records of training provided by him to his employees.

Such records must clearly mention a) what training has been provide, b) date, time and duration of such training, c) who has provided the training, d) names of workers who attended such training etc.

c) The records maintained in the form of a register must be available for examination by the Engineer-in-charge or his representative who will sign on the register as a token of his Approval.

9.10 ISSUE OF ENTRY PASS FOR REFINERY/ TOWN-SHIP PREMISES

Contractor shall follow the entry/ gate pass system for refinery/ township as implemented by the Owner.

9.11 OBLIGATION TO FOLLOW WORK PERMIT SYSTEM

a) Do not carry out any work without a valid work permit issued by authorized persons in the refinery/ township.

b) After obtaining a valid work permit and before the actual commencement of the

work, also obtain a clearance certificate from the officer of the unit/plant where

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the work is to be carried out. c) Comply with all the Fire and Safety permit conditions specified in the permit

and the clearance.

e) Prepare a safety action plan specific to the work before starting the work. Also ensure that all supervisors and workers involved in the work properly understand and follow the safety action plan.

f) Display permit / clearance at site for checking by concerned officials whenever

required. 9.12 REQUIREMENT OF SUPERVISION

a) Contractor will not carry out any work without having a supervisor present at site. If it is required to work simultaneously in more than one location under the same Contract, one supervisor must be put in each of the locations. If a supervisor has to leave his site for any reason, he must stop his site activities for that period of time.

b) Contractor must provide at least one full time on site safety supervisor when the

Contractor has engaged a man-power in excess of 50 in contract activities in the Refinery. If the manpower is less than 50, the onsite safety co-ordination responsibilities shall be assumed by any one of the Contractor's other supervisory staff. In both the cases, the Contractor must specify in writing the name of such persons to the Engineer-in Charge and Manager safety.

c) Contractor‟s safety coordinator or his supervisor responsible for safety as the

case may be shall conduct at his work-site and document formal safety inspections and audits at least once in a week. Such documents are to be submitted to Engineer-in-Charge for his review and record.

d) Contractor‟s safety supervisor or the supervisor responsible for safety shall

maintain separate safety register which will include 1) List of activities being carried out at site; 2) Safety Training details of all supervisors and workmen 3) records of all accidents, first aid cases and near misses; 4) Records of all PPEs being used at site; 5) Records of lifting tools and tackles including slings of all types; 6) Records of pressure vessels if any at his site; 7) Records of all welding machines, gas cutting sets, compressors, generators, pressure regulators, portable power tools, hand tools etc. 8) Copies of safety inspection reports made by the safety supervisor as well as by the Owner's representative.

e) The contractors whose safety records are not satisfactory will be viewed seriously

and necessary action (viz. cancellation of Registration/Contracts) shall be taken against him.

9.13 USE OF PERSONAL PROTECTIVE EQUIPMENT

Contractor's all supervisors and workmen must use following Personal Protective Equipment (PPE) without which permission to work will be denied.

a) Hard Hat b) Safety Shoes c) Boiler Suits d) Hand Gloves as per job requirement e)

safety belt as applicable f) Eye protection goggles etc. The PPEs shall be of standard quality and ISI approved.

9.14 HAZARD COMMUNICATION

a) Contractor must familiarize himself from the Owner, Engineer-in-Charge about all known potential fire, explosion or toxic release hazards related to his

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contract. He in turn will ensure that same information has been passed to his supervisors and workmen. Proper record of such dissemination of information must be made by the Contractor and submit to the Engineer-in-Charge on demand failing which further continuation of work may be withheld.

b) In the event of any Contractor's employee spotting a fire or any serious hazards

in work premises, he shall identify himself and report location of FIRE when Engg – In – Charge/ FIRE STATION OPERATOR is on the line. He shall wait until the fire message is repeated by the Fire Operator and location confirmed.

c) The Contractor must ensure that each one of his employees clearly understand

this Fire Communication requirement. This may be ensured by the Contractor while providing on the job training.

9.15 INJURY NOTIFICATION AND INVESTIGATION

Contractor must - a) Report to the Owner supervisor on the job any injury sustained by any of his

employees or any near miss or any hazardous / dangerous incident at his work site. Hiding of any accident or near miss would be viewed as serious misconduct.

b) Arrange to provide FIRST AID immediately to the injured employee.

c) Keep and maintain proper records of all such incidents in respect of his

personnel / work site.

d) Submit to the Engineer-in-Charge a first information report as per prescribed Performa within 4 hours of the incident.

e) Arrange to immediately investigate the incident and furnish within 24 hours a written investigation report in prescribed Performa to the Owner/Engineer - In – Charge.

9.16 REQUIREMENT OF HOUSE KEEPING

Contractor must ensure highest standard of housekeeping in his area of work on a day to day basis. An unsatisfactory housekeeping will earn negative rating, which will attract penal actions like cancellation of registration/contract.

9.17 DISPLAY BOARDS AT SITE

Contractor must provide and maintain in his work site

a) Appropriate display board displaying information as per the Owner‟s “Work Site Display Board” specification.

b) Safety performance score board.

9.18 PARTICIPATION IN SAFETY ACTIVITIES

Contractor must attend all scheduled safety meetings as would be intimated to him by the Engineer-in-Charge.

Contractor also must ensure that all his employees participate in safety promotional activities organized in the work premises.

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9.19 NOTE

a) Every person other than an employee of the Owner or a casual visitor entering in the work site would be governed by the above conditions.

b) The term supervisor would mean any person who oversees the work of a group of workmen. All other persons would be considered as workmen.

c) Violation of any of the above special conditions of safety would attract penal actions including termination of the Contract/registration.

d) Meticulous adherence to these requirements would be documented by the engineer-in-charge on conclusion of the work and placed in the dossier of the Contractor. This performance would be given adequate weights at the time of renewal of the registration.

e) Any dispute arising out of these conditions shall be referred by the engineer-in-charge to the Owner.

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APPENDIX – A (PROFORMA) CONTRACT AGREEMENT - As per BORL‟s format to be issued to Contractor subsequently.

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APPENDIX - B FORM OF INCOME TAX CLEARANCE CERTIFICATE 1. Name and Style (of the company, firm, HUF or individual) in which the applicant is

assessed or assessable to Income Tax and address for the purpose of assessment ______________________________________________________________ 2. Names and addresses of all companies, firms or association of persons in which the

applicant is substantially interested in his individual or fiduciary capacity. Note: For the purpose of clause (2) above, the words "Substantially Interested" would

have the same meaning as in explanation to section 40A(2). 3. Income-tax Circle / Ward / District in which the applicant is assessed to Income tax and

the Permanent A/c. no. 4. The following particulars are to be furnished concerning the Income-tax assessments for the preceding five years.

Year Total Income assessed

Tax demanded Tax Paid

Balance Due.

1 2 3 4 5

5. a) Whether any penalty for concealment has been imposed under the provision of

the Income-tax Act, 1961or wealth Tax 1957on or after 1st April, 1975.

i) If the answer is in affirmative give the date, amount of penalty imposed and

section under which imposed.

ii) Whether any appeal has been filed against the penalty order before the Appellate Assistant Commissioner of Income-tax or before the Income-tax appellate Tribunal. If so, the result thereof along with the date of Appellate order.

b) whether convicted for an offence within the meaning of section 277 of the

Income-tax act, 1961 or under Section 36(2) of the wealth Tax, 1957 or under section 199/200 of the Indian Penal code. If so, the date of the conviction order.

c) Total contract amount received by the applicant, whose name is mentioned

against (1) above, during the preceding accounting years (Give date of the previous year) being previous years of

6. In case there has been no Income - Tax assessment for any year, whether returns have

been submitted under section 139(1) and 139(2) and 139(3) of the Income-tax Act, 1961 or tax has been paid in advance under section 210(3) of Income-tax Act, 1961 and if so, the amount of income returned for each year and tax for each of the four years mentioned above and the Income-tax Circle/ Ward/District concerned where such returns have been filed, give reasons for the same.

7. Whether any attachment or certificate proceedings pending in respect of arrears. 8. The name and address of branch(es) if any

I declare that the above information is correct and complete to the best of my information and belief. Signature of Contractor ___________________________________

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Registration No.______________________ Signature____________ Address : ______________________________________________ Date : ______________________________________________ I hereby certify that :

i) The assesses has furnished complete information about all companies in

which he is substantially interested and the firms and associations of persons in which he is partner or member respectively.

ii) The returns of income due from the assesses have been filed.

iii) The assesses has paid all tax demands due other than those which have been

stayed by competent authority.

iv) The assesses has been cooperating with the Department in facilitating the completion of the pending assessments.

a) The period of three years has expired from the date of Appellate order of the

Income-tax Appellate Tribunal confirming or partially conforming the penalty levied on or after 1-4-75 under section 271(1)© of the Income tax act, 1961, or u/s 18(1)© of the Wealth tax Act, 1957.

OR

In cases where no appeal has been filed by the assesses against the penalty

imposed on or after, 1-4-75 u/s 271(1)© of the Income Tax Act, 1961, or u/s 18(1)© of the Wealth Tax Act, 1957, the period of three years has expired from the date of the imposition of the penalty

b) The period of three years has expired from the date of the order of conviction on

or after 1-4-75 u/s 277 of the Income-tax Act, or under section 36(2) of the Wealth Tax Act 1957, or u/s 199/200 of the Indian Penal Code.

Delete whichever is inapplicable.

i) There is no information before me that the companies in which the assesses is substantially interested and the firms and associations of persons in which he is partner or member, respectively and deliberately not filing the returns or not paying the tax demands or not co-operating with the Department in facilitating the completion of the pending assessments.

ii) There us no information before me that persons having a substantial interest in

the applicant company / being members of the applicant association/being partners of the applicant firm are deliberately not filing their returns of income tax or not paying their tax demands or not co-operating in facilitating the completion of the pending assessments.

This certificate is valid for a year from the date of issue.

Date : Signature of I.T.O.____________________ Circle/Ward/District

Seal : _________________________

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APPENDIX-C

PROFORMA OF BANK GUARANTEE (On non-judicial paper of appropriate value)

To Bharat Oman Refineries Ltd, Village+ Post- Agasod Dist-Sagar - 470113 Madhya Pradesh Dear Sirs, M/s……………………...(hereinafter referred as “BIDDER / SUPPLIER”) (………………………………………..BIDDER‟S / SUPPLIER‟S name and address) have taken tender for the WORK of ____________________________________________ (Name of work) for Bharat Oman Refineries Limited, Bina with registered office at Admin Building, BORL Refinery Complex, Bina, Dist-Sagar- 470113, Madhya Pradesh, India (hereinafter referred as “BORL”) , Vide Tender / Fax Of Acceptance / Purchase Order reference ______________________ dated ___________________________ The tender conditions provide that the BIDDER / SUPPLIER shall pay a sum of Rs.________________(Rupees_____________________________) as Earnest Money / Initial Security Deposit / Full security deposit in the form therein mentioned. The form of payment of Earnest Money / Initial security deposit/ Full security deposit includes guarantee executed by schedule 'A' Bank, undertaking full responsibility to indemnify BORL in case of default .The said BIDDER / SUPPLIER have approached us and at their request and in consideration of the premises, we ________________(Bank's Name) having our Office at _____________________ (hereinafter referred as "GUARANTOR") have agreed to give such guarantee as hereinafter mentioned – 1. GUARANTOR hereby undertake and agree that if default shall be made by BIDDER /

SUPPLIER in performing any of the terms and conditions of the tender, GUARANTOR do hereby irrevocably bind themselves and undertake to pay to BORL on first demand in writing by BORL without protest or demur or proof or condition and without reference to the BIDDER/ SUPPLIER the said amount of Rs. ____________(Rupees ___________________)

2. BORL shall have the full liberty without reference to GUARANTOR and without affecting this guarantee to postpone for any time or from time to time the exercise of any of the powers and rights conferred on BORL under the tender with said BIDDER/SUPPLIER and to enforce or to forbear from endorsing any powers or rights or by reason of time being given to the said BIDDER/SUPPLIER which under law relating to the sureties would but for provision have the effect of releasing the GUARANTOR.

3. BORL shall have the right to recover the said sum of

Rs.____________________________ (Rupees_______________________) from GUARANTOR in manner aforesaid and such rights shall not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said BIDDER /SUPPLIER and or that any dispute or dispute are pending before any officer, tribunal or court.

4. The guarantee herein contained shall not be determined or affected by the liquidation

or winding up, dissolution or change of constitution or insolvency of the said _____________________________ (BIDDER'S / SUPPLIER'S Name)

5. GUARANTOR'S liability under this guarantee is restricted to Rs _____________________ (Rupees___________________). This guarantee shall

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remain in force until _____________________ ____________. Unless a demand under guarantee is made against GUARANTOR within the aforesaid date, all rights under the said guarantee shall be forfeited and GUARANTOR shall be relived and discharged from all liabilities there under.

6. GUARANTOR have power to issue this guarantee in your favour under Memorandum and Articles of Association and the undersigned has full power to do under the Power of Attorney dated ___________________granted to him by the Bank.

Yours faithfully,

___________________

Bank by its Constituted Attorney

Signature of a person duly authorized to sign on behalf of the bank

o The term "Bidder" shall be applicable for the participants in the tender before finalization of contract for submission of Earnest Money Deposit and for all correspondence, while the term "SUPPLIER "shall be applicable for successful bidder to whom job shall be awarded and for deposit of Initial Security Deposit / Full security deposit as per tender conditions.

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APPENDIX-D

PROFORMA OF COMPLETION CERTIFICATE Name of the Work : Name of the Contractor : Contract No. & Date : Date of commencement of work : Actual date of completion of the work : Extension of time granted : Yes/No/Recommended. If yes, the letter ref. : Date. 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-Chargeon _________ and has been taken over from the Contractor. It is also certified that the Contractor has cleared/cleaned the site (witnessed by the concerned engineer from the Owner on dated.___________) as directed by the Engineer-in-Charge. _____________________ ENGINEER-IN-CHARGE Name:

Countersigned:

______________________ DEPARTMENTAL HEAD Name:

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APPENDIX-E

FORMAT OF HYPOTHECATION BOND BHARAT OMAN REFINERIES LIMITED Re: Letter of Hypothecation Dear Sirs, WHEREAS Bharat Oman Refineries Limited (hereinafter called "the OWNER" which expression shall include its successors and assigns) has awarded me*/us* a contract for _________________________________ (hereinafter called "the works" which expression shall include any and all amendments and/or variations therein and extra works) on the terms and conditions stated in the Acceptance of Tender No. _________________________dated _________________ (hereinafter called "the Contract" which expression shall include any amendments thereto and/or variations therein and any formal contract executed in supersession thereof). AND WHEREAS The OWNER has at my*/our* request agreed to advance (hereinafter called "The said advance") to me*/us* upto __________________ of the value of _____________________ (hereinafter called "the said material") brought by me*/us* to site of works for permanent incorporation in the works upon the conditions, inter-alia of my*/our* furnishing security and binding myself*/ourselves* in the matter hereinafter appearing. NOW THEREFORE, the consideration of the premises aforesaid I*/We* ______________ carrying on business in sole proprietor ship*/partnership* under the name and style of____________________so as to bind myself*/ourself* and my*/our* executors, administrators, representatives and permitted assigns/ successors and permitted assigns, DO HEREBY undertake to and agree with the OWNER as follows: The value of the said materials for the purpose of calculating the said advance shall be determined by the Engineer-in-charge, whose computation in this behalf shall be final and binding. The said advance shall be confined to such of the said materials as are brought to the site of work for permanent incorporation in the works to meet the reasonable requirements of the works for the time being as determined by the Engineer-in-charge, whose decision shall be final. Without prejudice to any other mode of recovery available to the OWNER, the said advance may be recovered from my*/our* Running Account Bills and Final bill(s) to the extent of the value as determined by the Engineer-in-charge (whose decision shall be final) of the said materials incorporated in the works covered by the relative bill(s). I*/We* shall maintain and cause to the maintained a daily account of the said materials brought to the site of works for permanent incorporation in the works and or all issue made there from, and shall fortnightly or oftener as required by the Engineer-in-charge, submit an inventory of the said materials at site as verified by the Site Engineer. I*/We* shall forthwith on demand and without protest or demur repay the OWNER the unadjusted balance of the said advance for the time being remaining unpaid, and shall until repayment thereof pay interest on the balance demanded at the rate of 17.5% (Seventeen point five percent) per annum from the expiry of 7 (Seven) days from the date of demand and until repayment thereof in full. As security for the said advance and the unadjusted balance thereof remaining from time to time I*/We* do hereby hypothecate by way of first charge to and in favour of the OWNER the whole of my*/our* present and future materials which now have been brought to or may hereafter from time to time during the continuance of this security be brought to or in or upon or about the site of works for permanent incorporation in the works, the materials herein hypothecated being inclusive or the said materials, but not confined thereto, AND:

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I) Should the unadjusted balance for the time being of the said advance at any time exceed ____________of the value of the said materials hypothecated to the OWNER as determined by the Engineer-in-charge (whose decision shall be final) I*/We* upon being required by the OWNER shall be forthwith provide further materials approved by the OWNER of a sufficient value to make good the shortfall, or shall pay the OWNER an amount sufficient to make good the shortfall:

II) I*/We* shall allow the OWNER and its servants, and agents at all times to take inspections of the materials hereby hypothecated to the OWNER and of all my*/our* books and records pertaining thereto and produce as and when required by the OWNER and/or its servants or agents any and all such evidence as it/they may require to procure the cost and value of any of the materials hereby hypothecated;

III) The materials hereby hypothecated shall be kept at my*/our* risk and expense in all respects and I*/We* shall at my*/our* own expenses during the continuance of this security keep the said materials in good and marketable condition and insured against such risks as the OWNER may require for the full marketable or replacement value thereof in the joint names myself*/ourselves*and the OWNER in an insurance company or companies to be approved by the OWNER and shall deliver the policy(i.e.s) of insurance and the receipt for the last premium paid for every such policy of insurance to the OWNER with exclusive right in the OWNER to receive all proceeds of any such insurance and undertake on my*/our* part to pay to the OWNER all proceeds of any policy relative to the materials hereby hypothecated received by me*/us* during the continuance of this security and undertake to renew and keep in full force and effect and maintain such insurance throughout the continuity of this security and to deliver to the OWNER the renewal receipt and policies therefore, with right in the OWNER to apply all sums received under any insurance as aforesaid in or towards the liquidation of the said advance or the unadjusted balance thereof for the time being outstanding;

IV) It shall be lawful for the OWNER and its servants, agents and nominees at any time during the continuance of this security and without any notice to me*/us* to enter into or upon any place or premises where or wherein any of the materials hereby hypothecated may be situated or kept or stored (and to effect such entry, if necessary as my*/our* attorney and in my*/our* name for which purpose and to do all acts, deeds and things deemed necessary by the OWNER in connection therewith I/WE do hereby appoint and authorize the OWNER and its servants and gents and nominees), and to inspect, value superintend, dispose of and/or take particulars of all or any part of the materials hereby hypothecated and to check any statements, accounts, reports and information relative thereto AND also if I*/We* shall fail to repay on demand any monies which ought to be paid by me*/us* hereunder or shall commit any breach of this agreement of under any circumstances which in the sole judgment for the OWNER is prejudicial to or imperil or is likely to prejudice or imperil the security created hereunder or if distress or execution is levied or enforced against any of my*/our* property or assets whatsoever or I*/We* shall suspend or cease to carry on business or if the said Contract is cancelled or terminated, then and in any such case, it shall be lawful for the OWNER to take charge, of seize, recover, receive appoint receivers, remove and/or take possession of all or any part of the materials hereby hypothecated and either forthwith or any time and from time to time sell, realize or dispose of the same in any manner including by public auction or tender or private contract and whether with or without intervention of the court all or any part of the materials hereby hypothecated or otherwise deal therewith in such manner and upon such terms and conditions as the OWNER in its discretion thinks fit;

V) I*/We* hereby undertake to give immediate possession to the OWNER on demand of all materials hereby hypothecated to the OWNER, and agree to accept the accounts of sales and realizations given by the OWNER as conclusive proof of amounts realized and relative expenses and to pay on demand any shortfall or deficiencies therein shown, the proceeds of sale or otherwise realizations of the materials hereby hypothecated to the OWNER to be applied by the OWNER in or towards the repayment of the said/or the unadjusted balance thereof for the time being;

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VI) Subject to the powers of the OWNER and my*/our* obligations hereunder, I*/WE* shall be entitled to use the materials here by hypothecated to the OWNER in the ordinary course of construction/ performance of the works so long as I*/We* an*/are* not prohibited in writing by the OWNER from time to time.

The materials hereby hypothecated and all proceeds of sales and other realizations and proceeds of insurance thereof shall always to be kept distinguishable and be held as the exclusive property of the OWNER specifically appropriable to the security hereby created and I*/We* shall not without the prior permission of the OWNER create any mortgage or encumbrance whatsoever upon or over or affecting the same or any part thereof, nor otherwise suffer or allow to be done anything that may prejudice the security hereby created. The material hereby hypothecated and presently brought upon, lying, stored or be in or upon the site of works are my*/our* exclusive and un-cumbered property with full right in me*/us* to create the security in respect thereof in favour of the OWNER as herein envisaged, and all future materials which are or shall be brought into, laying stored or be in or upon or about the site of works for permanent incorporation in the works shall likewise be my/our exclusive property without any charge, lien or interest in any other person and shall be exclusively appropriable to the security hereby created in favour of the OWNER. The OWNER shall not in any way be responsible in respect of the quantity, weight, amount value, condition and final turn out or otherwise of or for the materials hereby hypothecated to the OWNER, if the same happen to be in the possession of the OWNER and for any loss, destruction or deterioration thereof, or damage thereto caused by theft, pilferage, robbery, fire, riot or civil commotion malicious damage or otherwise howsoever, whatever may be the circumstances or the reason under or for which the loss, destruction deterioration or damage, including any act, commission, negligence or default of the OWNER or any of its nominees, agents or servants.

The security hereby created shall operate and be a continuing security for the unadjusted balance of the said advance from time to time due to the OWNER notwithstanding that there may be a nil balance at any time or from time to time and notwithstanding that the said advance or unadjusted balance may exceed the limits of the said advance as herein envisaged. All expressions herein used and not herein defined shall unless repugnant to the subject or contract thereof carry the meaning assigned to them under the said contract.

Your faithfully, _____________

Name**

Place: Date: NOTE: *Strike out what is not applicable. ** To be signed by all the partners of a partnership firm. *** Signature(s) is/are not to be witnessed.

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APPENDIX-F

INFORMATION FORMAT FOR CONTRACTORS/ CONSULTANTS

1. Name of the Contractor/ Consultant :

2. Postal Address (Office) Telephone No : Office Fax No. : Office Contract Person Mobile No. E-mail

: : : : : :

3. Name of Mumbai representative of the Contractor/ Consultant(if any) Address Telephone No Fax No. Mobile No. E-mail

: : : : :

4. Constitution of the Contractor/ Consultant

Name of the person(s) holding the Power of Attorney/ resolution and their present nationality with their liabilities

Names ofDirector/Partners, their present nationality with their liabilities.

Partnership deed / Article of Association of Memorandum of Association (Attach Xerox copies)

:

5. Whether holding valid license for the trade, if so give details (Documents to be attached)

:

6. Type of works / trade :

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7. a) Description of work executed in the last 3 (three) years (along with cost and time overrun) for major clients in the tabular form containing following fields –

Description of the job

Name of the Client and location of the job

Contract value

Actual value of job executed

Schedule completion period

Actual completion (PO copies and performance reports from clients are to be attached)

: : :

8. Details of approvals and registration with other companies (Attach Xerox copies)

:

9. Maximum value of single work order which has been completed (PO copy and performance report of the same to be submitted)

:

10. a. Minimum value of contact you are interested in

b. Maximum value of contract you

can undertake

c. Type of work you intend to undertake

: : :

11. List of machinery, tools, equipment, workshop owned

12. List of personnel employed (engineers, supervisors, technicians, skilled workers, unskilled workers, office staff etc.) Please attach bio-data of supervisors, engineers and key personnel

: :

13. ISO 9000/14000 certificate (if, any) :

14. Submit the copyof following documents

Safety assurance plan

Quality assurance plan

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Provide data on safety records / accident statistics for past 3 years

15. Provident fund No (Documents to be attached)

ESIC No. (Documents to be attached)

Sales Tax Registration No. (Documents to be attached)

Registration No. Under WCT Act along with full address of the sales tax assessing authority under whose jurisdiction the Contractor falls (Documents to be attached)

Service Tax Registration (Documentary evidence required)

Service Tax Return for last year (Documentary evidence required)

: : : : : :

16 a) Name of the Bankers b) Current year solvency certificate

(Original or attested by issuing bank)

: :

17. Income Tax Returns for last 3 years along with PAN (Documents to be attached)

:

18. a) Last Year‟s Turnover b) Last 3 year‟sBalance Sheet with

Auditor‟s note etc.

c) Last 3 year‟s Profit& Loss Account

: : :

19. Are your partners / directors related to any other organization, and if so, please furnish details.

:

20. a. Whether any partner is an ex-employee of any State/ Central Government/ the Owner? if so, give details.

b. Whether you have under your

employment, dismissed any State/ Central Government/ Owner‟s servant / employee.

: :

21. Whether you are connected with any other party already registered with us and if so, give details

:

22. Supporting services from outside agencies :

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(Give details)

23. Details about litigation (pending as well as settled) if any.

:

24. Any other special / relevant information

:

Place: ___________________ Signature: __________________ Date: ____________________ Designation: ________________

COMPANY SEAL

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APPENDIX-G

DETAILS OF CENVATABLE EXCISE DUTY (SP3)

SOR NO Sr No OF SOR NAME OF

MATERILAS

CENVATABLE DUTY (IN

RUPEES)

(IN FIGURE) (IN WORDS)

TOTAL

NOTE :- 1.Total of Cenvatable Excise duty indicated above shall be deducted from Total

quoted price for the purpose of evaluation.

Cenvatable Excise Duty component mentioned in this FORM shall be considered

as mandatory discount and shall be adjusted from all R.A. bills on pro-rata

basis. The Cenvatable Excise duty shall be reimbursed to the Contractor upon

production of documentary evidence to enable owner to claim Cenvat Benefit

subject to the ceiling mentioned in this FORM. Further, such Cenvatable excise

duty shall be reimbursed only for the items, which are eligible for Cenvat

Benefit as per excise ruled and as per SCC. Statutory variation in Cenvatable

Excise Duty shall not have any effect on the mandatory discount mentioned

above.

In case of change in quantity for the above items during execution, the

Cenvatable amount for such items shall be adjusted proportionately.

(Signature & Stamp of Contractor)

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Dated 02‐06‐2014 Page 1

Annexure – 5

E-TENDERING METHODOLOGY

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

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

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

REGISTRATION

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

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

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

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

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

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

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

SEARCHING FOR TENDER DOCUMENTS

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

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

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Dated 02‐06‐2014 Page 2

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

PREPARATION OF BIDS

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

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

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

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

SUBMISSION OF BIDS

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

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

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

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

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

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Dated 02‐06‐2014 Page 3

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

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

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

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

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

RETENDER

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

ASSISTANCE TO BIDDERS

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

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

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ENGINEERS INDIA LIMITED

NEW DELHI Client: BHARAT OMAN REFINERIES LIMITED

Project: DEBOTTLENECKING PROJECT

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ITEM DESCRIPTION: PUMP-CENTRIFUGAL.HORIZONTAL (SPECIAL PURPOSE PROCESS)

GROUP ITEM CODE: 04AB DESTINATION: As per Commercial Documents

MR CATEGORY: II DELIVERY PERIOD: As per Commercial Documents

DOCUMENT NUMBER( Always quote the Document Number given below as reference )

19/08/2015 82

JOB NO. UNIT/ AREA

MAINCOST

CENTRE

DOC.CODE

SR. NO. REV. DATE

41

DIVN. DEPT.

ORIGINATOR

NOTES :12

3

This page is a record of all the Revisions of this Requisition.The nature of the Revision is briefly stated in the "Details" column below, theRequisition in its entirety shall be considered for contractual purposes.Vendor shall note the MR category and shall submit his offer in line with therequirements included in attached 'Instructions to Bidders'.

REV. DATE BY CHK. APPD. DETAILS

A 19/08/2015 ISSUED FOR BIDSVK AM DB

MATERIAL REQUISITION (TOP SHEET)

011 PA MR 5070 AA702

This is a system generated approved document and does not require signature.

of 240





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Sheet 2 of 3

REQUISITION NO. REV.

AA702-011-PA-MR-5070

SR. NO.TAG NO/

ITEM CODE/ [ ID. NO. ] DESCRIPTION QUANTITY

01.00

02.00

03.00

04.00

05.00

06.00

07.00

08.00

09.00

Design, engineering, manufacture,procurement of materials and bought outcomponents, inspection, testing , supplyof components at site for the revamp ofthe following equipments, includingsupply of all mandatory spares (forelectrical items), commissioning spares &special tools and tackles, erectionmaterial & documentation as per jobspecification, data sheets etc. and othercodes and standards attached or referred.

Transportation from store to work site,handling, assembly at site, installation,testing, pre-commissioning,commissioning, performance guarantee runand handing over to client for thefollowing, as per the enclosed EILstandard specifications, instructions tovendors, job specification, data sheetsetc.

<< DELETED >>

<< DELETED >>

Supply of Two Years Operation andMaintenance Spares, as per enclosedElectrical specification.<< DELETED >>

<< DELETED >>

<< DELETED >>

Drawings and documents as per attachedVendor Data requirement for all suppliesand services covered above in Sr.Nos.1.00to Sr.No.8.00

Lot

Lot

Vendors shall quote prices in EIL Price Schedule except for Sr.No.9.00. Price fordocumentation is implied to be included in the prices quoted against Sr.No.1.00 toSr.No.8.00

Vendor to note that the numbers given in square '[]' and curly '{}' brackets arenot for their use and meant for store purpose only. Items shall be tagged as permain equipment Tag No. only.

01.01

01.02

01.03

01.04

02.01

02.02

02.03

02.04

11-PA-CF-107 A

11-PA-CF-107 B

12-PA-CF-113 A

12-PA-CF-113 B

{02}11-PA-CF-107 A

{02}11-PA-CF-107 B

{02}12-PA-CF-113 A

{02}12-PA-CF-113 B

Kero Product Pump

Kero Product Pump

HVGO PDT Pumps

HVGO PDT Pumps

For Sr. No. 01.01

For Sr. No. 01.02

For Sr. No. 01.03

For Sr. No. 01.04

1 Nos

1 Nos

1 Nos

1 Nos

1 Nos

1 Nos

1 Nos

1 Nos

A1

A1

A2

A2

A1

A1

A2

A2

Note:Bidder to note that,one fixed price is to be quoted for grouped items. The groupsof items are identified by A2, A1 where A2 indicates one group and so on.Grouped items shall not be split ordered.

of 240




Sheet 3 of 3


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or u

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the

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use

. EIL

-164

1-51

5 R

ev.1

A4-

210x

297.

REQUISITION NO. REV.

AA702-011-PA-MR-5070

LIST OF ATTACHMENTS

SL.No. DOCUMENT TITLE DOCUMENT NO.

REVISION

REV. REV. REV. REV.DATE DATE DATE DATE

In case of any subsequent revision of MR or PR, only revised sheets of theattachments listed above shall be issued alongwith the revision.

GENERAL NOTES:(1) Items No. mentioned at Sr. No. 01.01, 01.02 shall be read as 11-PA-CF-107 A/B(N), 12-PA-CF-113 A/B (N) respectively.(2) This MR shall be floated only to OEM of the items i.e. M/s BP & CL.

List of Attachment1 A702-011-82-41-LL-5060

of 240

JOB SPECIFICATION FOR

REVAMP OF HORIZONTAL CENTRIFUGAL PUMPS

DOCUMENT No.

A702-011-82-41-SP-5070 Rev.A

Page 1of 5

A 15/07/15 Issued with MR VK/SKK AM DB

Rev. No

Date Purpose Prepared

by Checked

by Approved

by

Format No. EIL 1641-1924 Rev. 1 Copyright EIL – All rights reserved

JOB SPECIFICATION

FOR


PROJECT : DEBOTTLENECKING PROJECT BINA REFINERY

LOCATION : BINA, MP, INDIA

CLIENT : BORL

EIL JOB NO : A702

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DOCUMENT No.

A702-011-82-41-SP-5070 Rev.A

Page 2 of 5


1.0 SCOPE 1.1 This specification along with the equipment data sheet and other specifications as attached

or as referred describe the minimum requirements for revamp of following Pump items supplied by M/s BP & CL, India for BINA Refinery of M/s BORL.

S. No. Item No. Service Existing Pump Model / Motor Rating

1 11-PA-CF-107 A/B(N) Kero Product Pump SMK 4X6X15/90KW

2 12-PA-CF-113 A/B(N) HVGO PDT Pump KSMK 4X 6X 14 P-2Sta./132KW

1.2 Above Pumps are proposed to be reused with modification for new operating conditions (as

specified in the datasheet) as a part of DEBOTTLENECKING PROJECT BINA REFINERY of M/s BORL.

1.3 In case of any conflict between this job specification and other enquiry documents, the following preferential order shall govern: i) Data Sheets ii) This Job Specification iii) Other Indian/International Standards attached herewith or referred to.

2.0 REVAMPING OF CENTRIFUGAL PUMPS 2.1 On the request of M/s BORL (The Client), adequacy check for the above existing Pump

items with respect to the revised operating conditions in the post revamp scenario was conducted.

2.2 While carrying out the adequacy check, datasheets and specifications of all the existing equipment and the associated systems, electrical, instrumentation and controls etc. comprising the complete equipment package was considered.

2.3 After carrying out adequacy check based on the data available with the client, the following has emerged:

Sl. No.

Item No. Qty. Service Extent of modification envisaged

1 11-PA-CF-107 A/B(N)

2 Kero Product Pump Replacement of existing impeller with higher impeller diameter.

2 12-PA-CF-113 A/B(N)

2 HVGO PDT Pump Replacement of existing impeller with higher impeller diameter,

Replacement of existing electric motor with new electric motor Replacement of coupling and coupling guard (if required).

2.4 Revamped equipments along with its driver and auxiliary system shall meet the

mechanical and hydraulic performance requirements for the revised process parameters and shall conform to the applicable codes and specifications as defined on respective datasheets/specifications.

2.5 Vendor (OEM) shall be overall responsible for revamp of the complete pump unit including all associated auxiliary systems as per the vendor’s scope defined in this specification/datasheets.

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DOCUMENT No.

A702-011-82-41-SP-5070 Rev.A

Page 3 of 5


2.6 Revamp of centrifugal pumps involves modifications of pump internals, change of drivers, coupling , coupling guard, etc as specified in the specification/datasheets. Supply of all these components/accessories shall be included by the pump vendor in his scope of supply. Any change in the pump casing, baseplate and sealing system are not envisaged (except wherever these changes are specified/expected).

2.7 In case replacement of electric motor driver is considered, any modification in the existing base plate if required to accomodate the new motor, the same shall be carried out by the pump vendor. As a first attempt, only the motor footprints shall be considered for modification, which can be done without changing the base plate/foundation.

2.8 In view of change in motor, the adequacy of the existing coupling for the revised operating conditions shall be checked by Pump vendor. In case, the existing coupling is found inadequate then Pump vendor shall include new couplings and coupling guard suitable for the revised condition in their scope of supply.

2.9 Old replaced equipment/ accessories shall be transported and stored in Owner

designated area / warehouse by the Vendor. 2.10 Pump vendor to supply additional items not specified by the owner but

recommended by the vendor for safe, smooth and efficient operation of the Pumps. 2.11 Mechanical Seals

Existing Mechanical Seals and associated seal flushing plans and cooling plans shall be used as for the existing pump units.

2.12 Foundation

No modifications in the existing foundation are envisaged for the post revamped operating conditions of the pumps (except wherever these changes are specified/expected).

3.0 VENDOR’S SCOPE OF SUPPLY AND WORK 3.1 Vendor shall carry out the repeat adequacy check of the pumps at their end and suggest if

any addition and/or deletion to the extent of modification envisaged in clause 2.0 above to make the pumps suitable for the new operating condition and include the same in their scope and shall quote accordingly.

3.2 Vendor shall supply all the material/ components required for the revamping of the pumps

for new operating conditions.

3.3 Vendor to indicate the revised impeller diameter (mm) required to achieve the post revamp operating requirements for the existing pumps. Also note that the wear ring and casing wear rings, etc. shall also be in the Pump vendor's scope of the supply along with the new impeller. Material of construction of the new impeller(s) shall be same as that of the existing impeller unless otherwise specified.

3.4 Vendor shall include in his scope all gaskets/O-Rings/Nuts/Lock Nuts etc. required for fitting

the new impeller in the existing pump casing and Pump refurbishment. In addition to the modifications required to meet the post revamp operating conditions, vendor shall also include refurbishing/ general service/ oil change recommendation / degreasing/ cleaning/ change of bearings etc. of the existing pumps in his scope, including supply of pump parts (if any) to make the revamped pumps in as good as new condition. Initial fill of lube oil is not in Vendor’s scope.

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DOCUMENT No.

A702-011-82-41-SP-5070 Rev.A

Page 4 of 5


3.5 All the modifications as recommended by the vendor (e.g. fitment of the new impeller,

installation of new coupling & motor, modification of the existing base plate, as required, etc) shall be carried out at site by the Original Equipment Manufacturer (OEM) i.e., M/s BP & CL, India.

3.6 Unitization of the pump and driver (if required) with the existing equipment shall be done at site.

3.7 Vendor shall submit a ‘detailed pump modification & replacement plan’ with the technical

proposal, for carrying out the above revamp work at shop & site, for all the above pump items.

4.0 INSPECTION AND TESTING 4.1 Vendor shall perform manufacturer’s standard inspection and testing on the pump

component supplied and inspection test reports as applicable shall be furnished for purchaser’s records.

4.2 For electric motor the inspection and testing requirements as specified in the electrical

specification shall be complied with. 4.3 Site Acceptance Test

4.3.1 A site acceptance test shall be conducted by the OEM. After the completion of all the

modifications, the subject pumps shall be run at site for minimum four hours and the general performance (mechanical and hydraulic) of the pump shall be verified with respect to the post revamp operating conditions requirements.

4.3.2 Site acceptance test shall be conducted as per the mutually agreed site test procedure,

which shall be submitted by the OEM for purchaser’s review/approval, after placement of P.O.

4.3.3 Any deviation in the actual performance, the same shall be rectified at site be vendor

without any extra cost to purchaser. 5.0 SPECIAL REQUIREMENTS

5.1 Preferred Operating Region and Allowable Operating Region shall be marked clearly on the

characteristic curve for each pump item as offered. The rated and the normal operating point on the characteristic curve shall also be marked on the characteristic curve.

5.2 Vendor shall indicate the values of thermal minimum continuous flow (MCF) and stable

MCF on the pump datasheets in the offer.

5.3 Maximum allowable working pressure & temperature of the equipment shall not be less than the design pressure & temperature specified in the data sheet or that specified in the applicable codes & Standards.

5.4 Couplings shall be all metallic, non-lubricated flexible element type (i.e. either diaphragm

coupling or disc coupling) with spacer for all equipment. Service factor of all couplings shall not be less than 1.5. Coupling guards shall be perforated & of non-sparking material.

6.0 SITE & UTILITY DATA

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DOCUMENT No.

A702-011-82-41-SP-5070 Rev.A

Page 5 of 5


Specification for Site and Utility Data attached in the Enquiry Document shall be referred.

7.0 SPARE PARTS 7.1 Mandatory Spares, Commissioning Spares & Special Tools And Tackles

Vendor shall include in his scope of supply for each pump, Mandatory Spares (for electrical items, refer electrical spec.), Commissioning spares and Special tools & tackles required for revamping, erection and commissioning of the pump units.

8.0 VENDOR DATA AND DRAWING 8.1 For reference of the OEM copies of datasheets, GA drawings, etc. for the existing

equipment, as available with the Purchaser are attached with the enquiry document. The OEM shall consider these and all other data available with him before submitting the final proposal.

8.2 The following data/information shall be provided by the vendor along with the offer:

- Completely filled in EIL data sheet (for pump & motor) - Description of the modification work to be carried out along with necessary

sketches/drawing/details. - Changed impeller diameter. - Changed motor rating - Fabrication drawing of the modification work (if any) to be carried out in the existing

base plate/ foundation. - Make/model/rating of the new coupling (if applicable). - Performance curve of the pump. - GA drawing of the pump (showing details of the modification required if any in the

existing base plate). 8.3 Vendor shall also furnish data and drawings in accordance with the “Vendor Data

Requirements – Centrifugal Pumps” forming part of the inquiry document. (Doc. No. A702-011-82-41-VDR-5070 Rev A).

of 240

Document No.

Rev no:A

Page 1 of 11

2

3

4

5

6 o n

7

8 n o

9 o o

10

11

12

13

14

15

16 o Yes n No

17

18

19

20 o OH2 o BB2

21 o o o

22 o o C0

CQ CH

23 o o o

24 o o o

25

26

27

28

29

30 o o

31 o o o o

32

33 EC

34 o Yes o No o o EC


36 EC

37

38

39

40 C - 11-13% Chr. Stl.

41

42

43

44

45

46

47

48 o

49

50

51 o o o o

52 o o

53 o o

54 o o

55

56

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59

60

61

62

11-PA-CF-107 A/B (N) (REMARK-4)

Project:

Corrsive/Toxic Comp.- Remark-6

LOW COST DEBOT. OF BINA REFINERY Job. No.:A702Owner: BORL Site: BINA, MP, INDIA

Item No.:

Yes

58

A702-011-82-41-DS-0107

Purchaser: EIL Unit: CDU Unit No.: 11

GENERAL

247.2

Applicable to n Proposals

Service: Kero Product PumpsNo. Required: 2 Working: 1

As Built

Standby

Scope,option & Information Specified By Purchaser Information reqd. from and options left to vendor Vendor to cross the selected option

No

Other

Standby: 1 Parallel Operation Required:

Driver: Working E.MOTOR

o Purchase o

OPERATING CONDITIONS

Liquid Handled 81.8 163.5Discharge Pressure (kg/cm²,G):

E.MOTOR Driver Supplied & Mounted By: Pump Mfr.

Capacity : Min/Nor/Rated:

11.5Kero PDT (H/C LIQ)236 Max.

Solids in suspension

Vapour Pressure at P.T. (kg/cm²,A):

cP cst

0.599Pumping Temp. (EC):

Specific Gravity at P.T./15EC:

Normal

MANUFACTURERS SPECIFICATIONS

NPSH Available (m):

8.6143.65.1

2.9 5.5Diff. Pressure (kg/cm²) @ Rated Capacity:

Diff. Head (m) @ Rated Capacity:

Suction Pressure: Nor./ Max. (kg/cm²,G):

Type: Single Volute Double Volute Diffuser

3.70.2Viscosity at P.T.

Pump Manufacturer:

CONSTRUCTION(As per existing pump details) (Remark-9)

M/s BP & CL

Casing Mounting: Centerline Foot Inline

Type:

Casing Split: Axial Radial

Gauge

PositionFacingSize

Casing Connection: Vent Drain

Nozzles

Suction

ANSI Rating

Discharge

Imp. N (mm) Min:Max: Type:Rated: Closed

Yes

Lub:

Base Plate Drain Rim Type : Fdn. Bolts: Yes

Throat Bush: Matl.:

Model: API Code:

Pump Mfr.

N.A.

Bal. Device:

Thrust:

Driver Half cplg. mounted by:

Mech. Seal: Make

Oil

NoCplg.:Make/Type Fleximetl w spacer Nonspark Guard

Others

Brg:Type/No. Radial:

Packing Type:

Model No.:

Size: No. of rings:

Yes

SMX 4 X 6 X 15

PERFORMANCE

Proposal Curve No.

Visc. Corr. Factor:

F/L Speed (rpm):NPSH Reqd. (Water) (m):

No. of stages: Efficiency (%):

Rated BKW(0% Tol.):

BKW @ MCF(D=1.0):

Kg/cm²G

CCW

BKW rtd. Imp.:

Driver Rating: (kW)

Cap@ BEP(m3/hr):

M.A.W.P @ 15EC/P.T./Design Temp.(kg/cm²,G):

Thermal

Hydrostatic Test pressure (kg/cm²,G):

Max.head rtd imp.(m):

MCF (m3/hr):Stable

Materials (API-610 Matl. Class): S-5(Remark-3 )

S - KCS

Impeller

Inner Case parts All interface conn.shall be termntd.with a flng. block valves)

Weight(kg): Pump+Base+Coupling: Driver:

Auxiliary Piping Interfacing Plan

I - Cast Iron (Ductile)

B – Bronze

Sleeve Packed

Sleeve Seal

MOC ASTM Grades LPM:

Casing ring )H-BHN

Lantern Ring Inlet/Outlet

Ext. Seal flush fluid Inlet/Outlet

Casing

h – Hardened

f – Faced

K -SS 304

Throttle BushX - AISI 410

Y

Z

Throat Bush

Balance Drum

L -SS 316L

50(min)Impeller ring

Shaft

o

o o

Witness

o

INSPECTION & TESTS (EACH PUMP) (Remark-8)

Observe

Base plate drain (only flanged)

Casing steam jacket

o Check for direction of rotation of pump & driver.

Driver suitable for Pump starting with open Disc. Valve condition.

o

Material Certificates

Witness

o

Observe

o

NPSH As Reqd. Per Speco

o

o

Dismantle Insp. & Re-assembly after Test

oUnitisation/Dimensional Check o

Mandatory

5) Provision to be kept for 5% head rise by change in impeller.

6)Sulphur 0.307 WT% approx,.

Seal Barrier fluid:

Ext. quench fluid:

Casing vent/ drain

Size

4) These are existing pump in order to meet specified duty condition, modification of the pumps (Replacement of existing impeller with higher

impeller, etc.) needs to be carried out. Existing pump mechanical data sheet and performance curve are also attached.

3) Material of construction shall be same as existing.

23,53B,61 (Remark-7)

Facing

LPM:Ext. seal flush fluid:

Kg/cm²G

Rating(ANSI)

Kg/cm²GC.W. Plan :

CW

Kg/cm²G

LPM:

LPM:

Seal flush/ Quench plan:

Rotation facing coupling end:

Hydrost./Imp. Dyn. Bal.(Cert.)

kg/cm²g @

Seal Quench fluid Inlet

Applicable Specification: API Std. 610 along with Job Spec# A702-011-82-41-SP-5070

o

C.W Inlet/ Outlet

Seal pot vent/ drain

Shop Test / Inspection

o

CENTRIFUGAL PUMP

(HORIZONTAL- SPECIAL

PURPOSE PUMPS)

Material:

2) Down Stream Design Pressure is 16.8 kg/cm²g. Maximum shut-off, considering max suction pressure, including all tolerances shall not

exceed this value.

270 EC

Performance/Sound Level o

REMARKS:- 1) Max. allowable casing working pressure shall not be less than 16.8

Format No. 1645-DS-101 Rev. 2 Copyrights EIL – All rights reserved of 240

62

63

69

DATE REV. JOB ENGINEER REV. & APPROVED BY

7)Existing seal and seal system to be used.

8) The inspection and testing of new pump components shall be as per manufacturer standard quality insurance plan.

15/07/15 A VK/SKK AM

9) To be filled by vendor as per existing pump Mechnical Datasheet.


Document No.

Rev no:A

Page 1 of 11

2

3

4

5

6 o n

7

8 n o

9 o o

10

11

12

13

14

15

16 o Yes n No

17

18

19

20 o OH2 o BB2

21 o o o

22 o o C0

CQ CH

23 o o o

24 o o o

25

26

27

28

29

30 o o

31 o o o o

32

33 EC



36 EC

37

38

39

40 C - 11-13% Chr. Stl.

41

42

43

44

45

46

47

48 o

49

50

51 o o o o

52 o o

53 o o

54 o o

55

56

57

59

60

61

Material:

2) Down Stream Design Pressure is 30 kg/cm²g. Maximum shut-off, considering max suction pressure, including all tolerances shall not

exceed this value.

350 EC

Performance/Sound Level o

REMARKS:- 1) Max. allowable casing working pressure shall not be less than 30.0 kg/cm²g @

Seal Quench fluid Inlet

Applicable Specification: API Std. 610 along with Job Spec# A702-011-82-41-SP-5070

o

C.W Inlet/ Outlet

Seal pot vent/ drain

Shop Test / Inspection

o

Mandatory

Hydrost./Imp. Dyn. Bal.(Cert.)

CW

Kg/cm²G

LPM:

LPM:

Seal flush/ Quench plan:

Rotation facing coupling end:

54,62 (Remark-7)

Facing

LPM:Ext. seal flush fluid:

Kg/cm²G

Rating(ANSI)

LPM:

Seal Barrier fluid:

Ext. quench fluid:

Casing vent/ drain

Size

4) These are existing pump in order to meet specified duty condition, modification of the pumps (Replacement of existing impeller with higher

impeller,Replacement of existing motor with new motor etc.) needs to be carried out. Existing pump mechanical data sheet and performance

curve are also attached.

3) Material of construction shall be same as existing.

5) Provision to be kept for 5% head rise by change in impeller.

o

o

Dismantle Insp. & Re-assembly after Test

oUnitisation/Dimensional Check o

Material Certificates

Witness

o

Observe

o

NPSH As Reqd. Per Speco

Observe

Base plate drain (only flanged)

Casing steam jacket

o Check for direction of rotation of pump & driver.

Driver suitable for Pump starting with open Disc. Valve condition.

o

50(min)Impeller ring

Shaft

o

o o

Witness

o

INSPECTION & TESTS (EACH PUMP) (Remark-8)

X - AISI 410

Y

Z

Throat Bush

Balance Drum

L -SS 316L

Throttle Bush

Casing

h – Hardened

f – Faced

K -SS 304

Sleeve Packed

Sleeve Seal

Casing ring )H-BHN

Lantern Ring Inlet/Outlet

Ext. Seal flush fluid Inlet/Outlet

Kg/cm²GC.W. Plan :MOC ASTM Grades

S - KCS

Impeller

Inner Case parts All interface conn.shall be termntd.with a flng. block valves)

Weight(kg): Pump+Base+Coupling: Driver:

Auxiliary Piping Interfacing Plan

I - Cast Iron (Ductile)

B – Bronze

Materials (API-610 Matl. Class):C-6 (Remark-3)

Driver Rating: (kW)

Cap@ BEP(m3/hr):

M.A.W.P @ 15EC/P.T./Design Temp.(kg/cm²,G):

Thermal

Hydrostatic Test pressure (kg/cm²,G):

Max.head rtd imp.(m):

MCF (m3/hr):Stable

Rated BKW(0% Tol.):

BKW @ MCF(D=1.0):

Kg/cm²G

CCW

BKW rtd. Imp.:

F/L Speed (rpm):NPSH Reqd. (Water) (m):

No. of stages: Efficiency (%):

KSMK 4 X 6 X 14 P-2 Sta.

PERFORMANCE

Proposal Curve No.

Visc. Corr. Factor:

Others

Brg:Type/No. Radial:

Packing Type:

Model No.:

Size: No. of rings:

Yes

Bal. Device:

Thrust:

Driver Half cplg. mounted by:

Mech. Seal: Make

Oil

NoCplg.:Make/Type Fleximetl w spacer Nonspark Guard

Model: API Code:

Pump Mfr.

N.A.

Yes

Lub:

Base Plate Drain Rim Type : Fdn. Bolts: Yes

Throat Bush: Matl.:

Imp. N (mm) Min:Max: Type:Rated: Closed

Casing Connection: Vent Drain

Nozzles

Suction

ANSI Rating

Discharge

Gauge

PositionFacingSize

Casing Mounting: Centerline Foot Inline

Type:

Casing Split: Axial Radial

Type: Single Volute Double Volute Diffuser

0.120.6Viscosity at P.T.

Pump Manufacturer:

CONSTRUCTION(As per existing pump details) (Remark-10)

M/s BP & CL

MANUFACTURERS SPECIFICATIONS

NPSH Available (m):

22.1284.8>8

1.8 6.5Diff. Pressure (kg/cm²) @ Rated Capacity:

Diff. Head (m) @ Rated Capacity:

Suction Pressure: Nor./ Max. (kg/cm²,G):

Solids in suspension

Vapour Pressure at P.T. (kg/cm²,A):

cP cst

0.7761Pumping Temp. (EC):

Specific Gravity at P.T./15EC:

Normal Discharge Pressure (kg/cm²,G):

E.MOTOR Driver Supplied & Mounted By: Pump Mfr.

Capacity : Min/Nor/Rated:

23.9HVGO (HC LIQ)332.5 Max.

Driver: Working E.MOTOR

o Purchase o

OPERATING CONDITIONS

Liquid Handled 75 90

As Built

Standby

Scope,option & Information Specified By Purchaser Information reqd. from and options left to vendor Vendor to cross the selected option

No

Other

Standby: 1 Parallel Operation Required:

Service: HVGO Product PumpsNo. Required: 2 Working: 1

A702-012-82-41-DS-0109

Purchaser: EIL Unit: VDU Unit No.: 12

GENERAL

BORL Site: BINA, MP, INDIA

Item No.:

Yes

58

115

Applicable to n Proposals

CENTRIFUGAL PUMP

(HORIZONTAL- SPECIAL

PURPOSE PUMPS)

12-PA-CF-113 A/B (N) (Remark-4)

Project:

Corrsive/Toxic Comp.- Remark-6

LOW COST DEBOT. OF BINA REFINERY Job. No.:A702Owner:


62

62

63

64

65

VK/SKK AM

9) Pour point (For Congealing Service) 25OC.

DATE REV. JOB ENGINEER REV. & APPROVED BY

7)Existing seal and seal system to be used.

8) The inspection and testing of new pump components shall be as per manufacturer standard quality insurance plan.

15/07/15 A

6)Sulphur >3.0 Wt%.

10) To be filled by vendor as per existing pump Mechnical Datasheet.


VENDOR DATA REQUIREMENTS

FOR

CENTRIFUGAL PUMPS- HORIZONTAL

A 11-AUG-2015 ISSUED FOR BIDS VK AM DB

Rev.No.

Date Purpose Prepared by Checked by Approved by

VENDOR DATA REQUIREMENTSFOR

CENTRIFUGAL PUMPS- HORIZONTAL of 2

Document No.A702-011-82-41-VDR-5070

Rev. A

Page 1

Format No. EIL-1642-1924 Rev.1 Copyright EIL - All rights reserved

of 240


The following drawings/documents marked " " shall be furnished by the bidder.

Notes :

1. "TICK" denotes applicability.

2. Post order, drawing / document review shall commence only after approval of Document Control Index (DCI).

3. All post order documents shall be submitted / approved through EIL eDMS portal.

4. Refer - 6-78-0001: Specification for quality management system from Bidders.

5. Refer - 6-78-0003: Specification for documentation requirement from Suppliers.

6. All drawings & documents shall be submitted in A4 or A3 paper sizes. Documents in higher paper size shall

be submitted in exceptional circumstances or as indicated in the MR/Tender.

7. Post order- The schedule of drawing / data submission shall be mutually agreed between EIL & the bidder /

contractor / supplier during finalization of Document Control Index (DCI).

8. Bill of Material shall form part of the respective drawing.

9. "@" indicates submission of documents to Inspection Agency.

10. Final documentation shall be submitted in hard copy (Three prints) and soft ( two CDs/DVDs ) in addition to

submission through EIL eDMS.

11. Also refer other department's VDR :-

12. a) Electrical

S.NO.

DESCRIPTION WITHBID

POST ORDERREMARKSFOR

REVIEWFOR

RECORD

WITHDATABOOK

(FINAL)

1. Data Sheets alongwith performance curves(Clearly indicating the changed impellerdiameter)

2. GAD for Pump (showing details of themodification required if any in the existing baseplate)

3. GAD for Couplings (if applicable)

4. Fabrication drawing of the modification work (ifany) to be carried out in the existing base plate/foundation.

5. Detailed pump modification & replacement plancarried out along with necessarysketches/drawing/details.


CENTRIFUGAL PUMPS- HORIZONTAL of 2


Rev. A

Page 2


of 240

SITE & UTILITY DATA

SPECIFICATION No.

A702-011-82-41-SU-5070 Rev.A

Page 1 of 4

A 15/07/15 Issued with MR VK/SKK AM DB

Rev. No


by Checked

by Approved

by

Format No. 1641-1924 Rev. 0 Copyright EIL – All rights reserved

SITE & UTILITY DATA

PROJECT : LOW COST DEBOTTLENECKING PROJECT BINA REFINERY

LOCATION : BINA, MP, INDIA

CLIENT : BORL

EIL JOB NO : A702

of 240

SITE & UTILITY DATA

SPECIFICATION No.

A702-011-82-41-SU-5070 Rev.A

Page 2 of 4


1.0 SITE DATA INFORMATION

1 REFERENCE DOCUMENTS

1.1 Metereological Data Furnished by M/s BORL

1.2 Survey Drawings

2 SITE LOCATION

2.1 State Where Located Madhya Pradesh

2.2 Nearest Important Town And Distance Bina – 15 Km

2.3 Nearest Railway Station And Distance Agasod –

Bina – 10 Km.

2.4 Proposed Railway Approach From Bina – Kota route (5Km)

2.5 Nearest Port And Distance Kandla

2.6 Nearest Air Port And Distance Bhopal

2.7 Nearest Highway Mile Stone And Distance Bina Bhopal State Highway – 7 Km

2.8 Approach Road

Existing Road going to Agasod Village from Bina

Planned Approach To Site Planned from Bina Bhopal State Highway – 7.50 Km

3 GEOGRAPHICAL DATA

3.1 Geographical Bearing Of Site Refer Survey Drawing

3.2 Height Above Mean Sea Level 395 M to 440 M

3.3 Bench Mark Level And Location 411.60 M above MSL at NE corner of west parapet of Railway culvert at Km 977 Bina Jhansi Rail line

3.4 Site Characteristics (Terrain Type) Highly Undulating

3.5 Grade / Variation – Low Point / High Point 395 M To 440 M above MSL

3.6 Overhead Power Lines If any Yes (Being removed by electricity authorities)

3.7 Under Ground Lines Obstructions, If any Yes

3.8 Historical Monument, If any No

3.9 Special Features, If any A Nallah is crossing across Refinery plot from South to North

4 METEOROLOGICAL DATA

4.1 Climate Of Area Dry and Hot

4.2 Air temperature: Max. / Min. 45.6°C / 1.1° C

Design Dry Bulb / Wet Bulb Temperature ----- / ------

4.3 Rainfall

Annual Max. / Min. & Average Average 1390 mm

Max. Recorded in 1 hour

Max. Recorded in 24 hour 284.5 MM

Design Intensity For Surface Water Run Off 75 MM / HR.

4.4 Rainy Season June to September

4.5 Highest Recorded Based On 20 Years Data 385 M

4.6 Relative Humidity %

Maximum 80

Minimum 16.4

Design 54

4.7 Barometric Pressure

of 240

SITE & UTILITY DATA

SPECIFICATION No.

A702-011-82-41-SU-5070 Rev.A

Page 3 of 4


Maximum 954.2 mbar

Minimum 936.3 mbar

Average 947.4 mbar

4.8 Wind Velocity And Direction

Wind Velocity Maximum 25 KM / HR

Minimum 2 KM / HR

Wind Direction and % West to East for % Refer Overall Plot Plan

Prevailing Wind Direction West to East

5 RAILWAY

5.1 Railway Station For Connection Bina (MP)

5.2 Gauge Of Railway Broad Gauge

2.0 UTILITY SPECIFICATIONS Following utility conditions refer to Equipment battery limit:

(Supply conditions at Plant battery limit are higher by 0.5 kg/cm² & Return conditions are lower by 0.5 kg/cm² for liquids in order to account for pressure losses. However mechanical design conditions remain the same. There is no change in the supply/return conditions of air/gases at equipment & plant battery limits.)

Sl Parameter Minimum Normal Maximum Mech Design

1 HIGH PRESSURE (HP) STEAM SUPPLY

Pressure, kg/cm2g 37 38 40 46

Temperature, °C 370 380 390 420

2 MEDIUM PRESSURE (MP) STEAM SUPPLY

Pressure, kg/cm2g 16 17 18.0 22

Temperature, °C 260 270 280 350

3 LOW PRESSURE (LP) STEAM SUPPLY

Pressure, kg/cm2g 3 4 5 7

Temperature, °C Saturated 175 190 240

4 CONDENSATE RETURN

Pressure, kg/cm2g 1.5 2.0 2.5 7.0

Temperature, °C 90 95 120

5 SERVICE WATER SUPPLY

Pressure, kg/cm²g 4.0 NOTE-3

Temperature °C AMB 65

6a COOLING WATER SUPPLY (REF. NOTE-1)

Pressure, kg/cm²g 3.5/4.3 7.0(Note-5)

Temperature °C 33 33 65

6b COOLING WATER RETURN (REF. NOTE-1)

Pressure, kg/cm²g 1.5/2.0 7.0

Temperature, °C 45 65

7 DEMINERALISED WATER SUPPLY

Pressure, kg/cm2g 4.5 5.0 5.5 15.8 (Note-6)

Temperature, °C Ambient 40 45 65

8 HP BOILER FEED WATER (Note-7)

of 240

SITE & UTILITY DATA

SPECIFICATION No.

A702-011-82-41-SU-5070 Rev.A

Page 4 of 4


Sl Parameter Minimum Normal Maximum Mech Design

Pressure, kg/cm2g 75

Temperature, oC 150

MP BOILER FEED WATER

Pressure, kg/cm2g 26.0 29.0 45

Temperature, oC 105 110 150

8 PLANT AIR SUPPLY

Pressure, kg/cm2g 3.5 7.0 8.0 10.5

Temperature, °C Ambient Ambient 50 65

9 INSTRUMENT AIR SUPPLY

Pressure, kg/cm2g 4.5 6.5 7.0 10.5

Temperature, °C Ambient Ambient 50 65

10 FUEL GAS SUPPLY

Pressure, kg/cm2g 2.5 3.0 3.5 6.0

Temperature, °C Ambient 40 60 75

11 REFINERY FUEL OIL SUPPLY / RETURN

Supply Pressure, kg/cm²g 8.0 9.0 10.0 19.6

Return pressure kg/cm2g 2.0 19.6

12 CRUDE UNIT FUEL OIL SUPPLY / RETURN

Supply Pressure Kg/cm2g 8.0 9.0 10.0 19.6

Return pressure kg/cm2g 2.0 19.6

13 NITROGEN

Pressure, kg/cm2g 4.5 6.5 7.0 10.5

Temperature, °C Ambient Ambient Ambient 65

Note-

1. Temperature increase and Pressure drop within vendor’s package B/L shall not exceed 12°C and 0.7 Kg/cm2 respectively. This includes the pressure drop in coolers, flow-meters etc coming in vendor’s package if any.

2. Mechanical design conditions of utility systems will be verified during detailed engineering based on final

hydraulics.

3. The battery limit pressures for liquid lines at individual unit battery limits will vary depending up on the

location of the unit. These shall be finalized during detailed engineering.

4. In view of large elevation difference between SW / BCW pumping facility and process units (Process units

being at higher elevation), all the service water and bearing cooling water lines located at higher plateau in the

process unit area shall have design pressure of 10.5 kg/cm2g and units in the lower plateau shall have deign

pressure of 14.0 kg/cm2g.

5. Supply pressure 3.5 kg/cm2g for DCU and MS block. Other process units it is 4.3 kg/cm2g.

6. Design pressure for cooling water consumers which are fed from CPP cooling tower is 16.5 kg/cm2g.

7. The design pressure corresponds to lower elevation units.

8. HP boiler feed water requirement is fed from HGU unit.

of 240

of 240

Administrator

Rectangle

Administrator

Typewriter

A702-011-82-41-OD-0002

of 240

Pag

e 187 of 240

Pag

e 188 of 240

QMSStandardsCommittee

1 12.03.15 General Revision

QMS

QMS0 04.06.09 Issued as Standard Specification

Standards

Standards SCT

NDCommittee

Committee

Rev.No Date Purpose Prepared by Checked

by

StandardsCommitteeConvener

StandardsBureau

Chairman

QMSStandardsCommittee

MPJ

SC

ENGINEERSlakgINDIA LIMITED

(A Gavt at India Undertaking)

SPECIFICATION FOR QUALITYMANAGEMENT SYSTEMREQUIREMENTS FROM

BIDDERS

STANDARD SPECIFICATION No.

6-78-0001 Rev. 1Page 1 of 7

mren ewaire mjvam)

64)(11 Chrlf qu i ciall -51-04ffu tea aliikrrat t ?drift'

SPECIFICATION FOR QUALITYMANAGEMENT SYSTEM

REQUIREMENTS FROM BIDDERS

Approved by

Format No. 8-00-0001-F1 Rev. 0

Copyright EIL — All rights reserved of 240

ENGINEERS SPECIFICATION FOR QUALITY STANDARD SPECIFICATION No.

INDIA LIMITED SYSTEM 6-78-0001 Rev. 1lft2 (AG'"ind'Undelt6ung) REQUIREMENTS FROM BIDDERS Page 2 of 7

Abbreviations:

CV Curriculum Vitae

ISO International Organization for Standardization

MR Material Requisition

PO Purchase Order

PR Purchase Requisition

QA Quality Assurance

QMS Quality Management System

QMS Standards Committee

Convener: Mr. M.P. Jain

Members: Mr. A.K. Chaudhary (Insp.)Mr. S.K. Kaul (C&P)Mr. R.K. Trivedi (Engg.)Mr. Ravindra Kumar (Const.)Mr. Tilak Raj (Projects)Mr. Vinod Kumar (CQA)

Format No. 8-00-0001-F1 Rev. 0 Copyright EIL — All rights reserved

of 240


INDIA LIMITED SYSTEM 6-78-0001 Rev.'A

Govt At ' nth' Und"k"V) REQUIREMENTS FROM BIDDERS Page 3 of 7Igar llks

Oiren

CONTENTS

Clause Title Page

No.

1.0 SCOPE 4

2.0 DEFINITIONS 4

3.0 REFERENCE DOCUMENTS 4

4.0 QUALITY MANAGEMENT SYSTEM — GENERAL 4

5.0 QUALITY SYSTEM REQUIREMENTS 4

6.0 AUDITS 7

7.0 DOCUMENTATION REQUIREMENTS 7

Copyright EIL — All rights reservedFormat No. 8-00-0001-F1 Rev. 0 of 240

el ENGINEERS SPECIFICATION FOR QUALITY STANDARD SPECIFICATION No.

$1g-zg faReg INDIA LIMITED MANAGEMENT SYSTEM 6-78-0001 Rev. 1

own 120.2 .I J40.9) IA GOVt of India Undertaking) REQUIREMENTS FROM BIDDERS Page 4 of 7

1.0 SCOPE

This specification establishes the Quality Management System requirements to bemet by BIDDER for following purpose:

• QMS requirements to be met by suppliers/contractors after award of work/during contract execution.

2.0 DEFINITIONS

2.1 Bidder

For the purpose of this specification, the word "BIDDER" means the person(s), firm,company or organization who is under the process of being contracted by EIL /Owner for delivery of some products (including service). The word is consideredsynonymous to supplier, contractor or vendor.

2.2 Project Quality Plan

Document tailored from Standard Quality Management System Manual of BIDDER,specifying how the quality requirements of the project will be met.

2.3 Owner

Owner means the owner of the project for which services / products are beingpurchased and includes their representatives, successors and assignees.

3.0 REFERENCE DOCUMENTS

6-78-0002

Specification for Documentation Requirements fromContractors

6-78-0003

Specification for Documentation Requirements from Suppliers

4.0 QUALITY MANAGEMENT SYSTEM — GENERAL

Unless otherwise agreed with EIL / Owner, the BIDDER proposed quality systemshall fully satisfy all relevant requirements of ISO 9001 "Quality ManagementSystems — Requirements." Evidence of compliance shall be current certificate ofquality system registration to ISO 9001 or a recent compliance audit recommendingregistration from a certification agency. The quality system shall provide theplanned and systematic control of all quality related activities for execution ofcontract. Implementation of the system shall be in accordance with BIDDER'SQuality Manual and PROJECT specific Quality Plan.

5.0 QUALITY SYSTEM REQUIREMENTS

5.1 BIDDER shall prepare and submit for review / record, Project Quality Plan / QualityAssurance Plan for contracted scope / job. The BIDDER'S Quality Plan shalladdress all of the applicable elements of ISO 9001, identify responsible partieswithin BIDDER'S organization, for the implementation / control of each area,reference the applicable procedures used to control / assure each area, and verifythe documents produced for each area. The Project Quality Plan shall necessarilydefine control or make reference to the relevant procedures, for design andengineering, purchase, documentation, record control, bid evaluation, inspection,production/manufacturing, preservation, packaging and storage, quality control at




INDIA LIMITED MANAGEMENT SYSTEM 6-78-0001 Rev. 1(A Gavt of India undertaking' REQUIREMENTS FROM BIDDERS Page 5 of 7

construction site, pre-commissioning, commissioning and handing over (asapplicable) in line with contract requirement and scope of work.

5.2 BIDDER shall identify all specified or implied statutory and regulatory requirementsand communicate the same to all concerned in his organization and his subcontractor's organization for compliance.

5.3 BIDDER shall deploy competent and trained personnel for various activities forfulfillment of PO / contract. BIDDER shall arrange adequate infrastructure and workenvironment to ensure that the specification and quality of the deliverable aremaintained.

5.4 BIDDER shall do the quality planning for all activities involved in delivery of order.The quality planning shall cover as minimum the following:

ResourcesProduct / deliverable characteristics to be controlled.Process characteristics to ensure the identified product characteristics are

realizedIdentification of any measurement requirements, acceptance criteriaRecords to be generatedNeed for any documented procedure

The quality planning shall result into the quality assurance plan, inspection and testplans (ITPs) and job procedures for the project activities in the scope of bidder.These documents shall be submitted to EIL/Owner for review/approval, beforecommencement of work.

5.5 Requirements for sub-contracting / purchasing of services specified in contract /tender shall be adhered to. In general all outsourced items will be from approvedvendors of EIL. Wherever requirements are not specified, or approved sub vendorsdo not exist, the sub-contractor shall establish and maintain a system for purchasing/ sub-contracting to 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 (sub-contractor services), constitute important components of this requirement.

5.6 BIDDER shall plan and carry production and service provision under controlledconditions. Controlled conditions shall include, as applicable

the availability of information that describes the characteristics of the productthe availability of work instructionsthe use of suitable equipmentthe availability and use of monitoring and measuring devicesthe implementation of monitoring and measurementthe implementation of release, delivery and post-delivery activities

5.7 BIDDER shall validate any processes for production and service provision whereresulting output cannot be verified by subsequent monitoring and measurement.This includes any process where deficiencies become apparent only after theproduct is in use or service has been delivered.

5.8 BIDDER shall establish a system for identification and traceability of product /deliverable throughout product realization. Product status with respect to inspectionand testing requirements shall be identified.


of 240

ei ENGINEERS SPECIFICATION FOR QUALITY STANDARD SPECIFICATION No.

lge.ji id5fez INDIA LIMITED MANAGEMENT SYSTEM 6-78-0001 Rev. 1IA Govt of India undettaking) REQUIREMENTS FROM BIDDERS Page 6 of 7

Oren erRRIZ .71.1.113,70

5.9 BIDDER shall identify, verify, protect and safeguard EIL / Owner property (material /document) provided for use or incorporation into the product. If any Owner / EILproperty is lost, damaged or otherwise found to be unsuitable for use, this shall bereported to the EIL / Owner.

5.10 BIDDER shall ensure the conformity of product / deliverable during internalprocessing and delivery to the intended destination. Requirements mentioned in thetender shall be adhered to.

5.11 BIDDER shall establish system to ensure that inspection and testing activities arecarried out in line with requirements. Where necessary, measuring equipmentsshall be calibrated at specified frequency, against national or internationalmeasurement standards; where no such standard exists, the basis used forcalibration shall be recorded. The measuring equipments shall be protected fromdamage during handling, maintenance and storage.

5.12 BIDDER shall ensure effective monitoring, using suitable methods, of the processesinvolved in production and other related processes for delivery of the scope ofcontract.

5.13 BIDDER shall monitor and measure the characteristics of the product/deliverable toverify that product requirement has been met. The inspection (stage as well asfinal) by BIDDER and EIL / Owner personnel shall be carried out strictly as per theITPs forming part of the contract. Product release or service delivery shall notproceed until the planned arrangements have been satisfactorily completed, unlessotherwise approved by relevant authority and where applicable by Owner / EIL.

5.14 BIDDER shall establish and maintain a documented procedure to ensure that theproduct which does not conform to requirements is identified and controlled toprevent its unintended use or delivery

5.15 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 shall beimplemented by the BIDDER so that similar NCs including deficiencies do not recur.

5.16 All deficiencies noticed and reported by EIL / Owner shall be analyzed by theBIDDER and appropriate corrective and preventive actions shall be implemented.BIDDER shall intimate EIL / Owner of all such corrective and preventive actionimplemented by him.

5.17 BIDDER should follow the standards, specifications and approved drawings.Concessions/Deviations shall be allowed only in case of unavoidable circumstances.In such situations Concession/deviation request must be made by the BIDDERthrough online system of EIL eDMS. URL of EIL eDMS ishttp://edocx.eil . co . in/vportal.

5.18 BIDDER shall have documented procedure for control of documents.

5.19 All project records shall be carefully kept, maintained and protected for any damageor loss until the project completion, then handed over to EIL / Owner as per contractrequirement (Refer Specification Nos. 6-78-0002 - Specification for DocumentationRequirements from Contractors and 6-78-0003 - Specification for DocumentationRequirements from Suppliers), or disposed as per relevant project procedure.

Copyright EIL—All rights reservedFormat No. 8-00-0001-F1 Rev. 0 of 240


INDIA LIMITED MANAGEMENT SYSTEM 6-78-0001 Rev. 1(A Goof of India UndertakIngi REQUIREMENTS FROM BIDDERS Page 7 of 7

eiJrIft kif51ft.wirer riraxem3Tmil

6.0 AUDITS

BIDDER shall plan and carry out the QMS audit for the job. Quality audit programmeshall cover design, procurement, construction management and commissioning asapplicable including activities carried out by sub-vendors and sub-contractors. Thisshall be additional to the certification body surveillance audits carried out underBIDDER'S own ISO 9001 certification scheme.

The audit programmes and audit reports shall be available with bidder for scrutinyby EIL / Owner. EIL or Owner's representative reserves the right to attend, as awitness, any audit conducted during the execution of the WORKS.

In addition to above EIL, Owner and third party appointed by EIL/Owner may alsoperform Quality and Technical compliance audits. BIDDER shall provide assistanceand access to their systems and sub-contractor / vendor systems as required for thispurpose. Any deficiencies noted shall be immediately rectified by BIDDER.

7.0 DOCUMENTATION REQUIREMENTS

BIDDER shall submit following QMS documents immediately after award of work(Within one week) for record / review by EIL / Owner.

Organization chart (for complete organization structure and for the project)Project Quality Plan/Quality Assurance PlanJob specific Inspection Test Plans, if not attached with PRJob ProceduresInspection/Test Formats

In addition to above QMS documents, following documentation shall be maintainedby the BIDDER for submission to EIL / Owner on demand at any point of time duringexecution of the project.

Quality ManualCertificate of approval for compliance to ISO: 9001 standardProcedure for Control of Non-conforming ProductProcedure for Control of DocumentsSample audit report of the QMS internal and external audits conducted duringlast one yearCustomer satisfaction reports from at least 2 customers, during the last oneyearProject QMS audit reportTechnical audit reports for the projectCorrective action report on the audits

Documents as specified above are minimum requirements. BIDDER shall submitany other document/data required for completion of the job as per EIL/Ownerinstructions.

Copyright EIL—All rights reservedFormat No. 8-00-0001-F1 Rev. 0 of 240

1 12.03.15 General Revision

C)(415----2QMS QMS

Standards StandardsCommittee Committee

SC

∎31 ENGINEERSligar lafgesW INDIA LIMITED

(411W1 292,51V MIJ‘10571) Govt o India Undertalongj

SPECIFICATION FORDOCUMENTATION

REQUIREMENTS FROMSUPPLIERS


6-78-0003 Rev. 1Page 1 of 8

affrirewufat 74ER

*mat t feituSPECIFICATION FOR

DOCUMENTATION REQUIREMENTSFROM SUPPLIERS

QMS QMS0 04.06.09 Issued as Standard Specification

Standards Standards SCT NDCommittee Committee

Rev.No Date Purpose Prepared Checked

by by

Standards StandardsComm ifte BureauConvener Chairman

Approved by

Format No. 8-00-0001-F1 Rev. 0 Copyright EIL — All rights reserved of 240

STANDARD SPECIFICATIONNo.

6-78-0003 Rev. 1Page 2 of 8

(t,ft. ENGINEERS1i laWGNIIY INDIA LIMITEDogire, efiTIWAnowAl (A Govt of Into Undertaking(



Abbreviations:

DCI - Document Control Index

eDMS - Electronic Document Management System

FOA Fax of Acceptance

HOD Head of Division / Department

IC Inspection Certificate

IRN Inspection Release Note

ITP Inspection and Test Plan

LOA Letter of Acceptance

MOU Memorandum of Understanding

MR Material Requisition

PO Purchase Order

PR Purchase Requisition

PVC Polyvinyl Chloride

QMS Quality Management System

TPIA Third Party Inspection Agency

URL Universal Resource Locator

QMS Standards Committee

Convener: Mr. M.P. Jain

Members: Mr. A.K. Chaudhary (Insp.)Mr. S.K. Kaul (C&P)Mr. R.K. Trivedi (Engg.)Mr. Ravindra Kumar (Const.)Mr. Tilak Raj (Projects)Mr. Vinod Kumar (CQA)

Copyright EIL — All rights reservedFormat No. 8-00-0001-F1 Rev. 0 of 240




6-78-0003 Rev. 1Page 3 of 8

ei ENGINEERSOaez idiWIeg INDIA LIMITED

011E71 ewaxedaagem) (A Govt of India Undertaking)

CONTENTS

Clause Title PageNo.

1.0 SCOPE 42.0 DEFINITIONS 43.0 REFERENCE DOCUMENTS 44.0 DOCUMENTATION REQUIREMENTS 4

Attachments

Format for completeness of Final Documentation Format No. 3-78-0004



ENGINEERSINDIA LIMITED(A Govt of Intha Undertakongt


REQUIREMENTS FROM


6-78-0003 Rev. 1dol

5'gzir tlf5ltuI.VOM

SUPPLIERS Page 4 of 8

1.0 SCOPE

This specification establishes the Documentation Requirements from Suppliers.

All documents/data against the PO / PR / MR shall be developed and submitted toEIL/Owner by the suppliers for review / records, in line with this specification.

2.0 DEFINITIONS

2.1 Supplier

For the purpose of this specification, the word "SUPPLIER" means the person(s),firm, company or organization who is under the process of being contracted by EIL /Owner for delivery of some products (including service). The word is consideredsynonymous to bidder, contractor or vendor.

2.2 Owner

Owner means the owner of the project for which services / products are beingpurchased and includes their representatives, successors and assignees.

3.0 REFERENCE DOCUMENTS

6-78-0001 Specification for Quality Management System Requirementsfrom Bidders

4.0 DOCUMENTATION REQUIREMENTS

4.1 Documents/Data to be Submitted by the Supplier

4.1.1 The Supplier shall submit the documents and data against the PO/PR/MR as per thelist given in respective PO/PR/MR.

4.1.2 Review of the supplier drawings by EIL would be only to review the compatibility withbasic designs and concepts and in no way absolve the supplier of hisresponsibility/contractual obligation to comply with PR requirements, applicablecodes, specifications and statutory rules/regulations. Any error/deficiency noticedduring any stage of manufacturing/execution/installation shall be promptly correctedby the supplier without any time and cost implications, irrespective of comments onthe same were received from EIL during the drawing review stage or not.

4.1.3 Unless otherwise specified, submission of documents for Review/Records shallcommence as follows from the date of Fax of Intent / Letter of Intent/ Fax ofAcceptance (FOA)/ Letter of Acceptance (LOA):

QMS - 1 weekDrawing/Document Control Index - 2 weeksOther Documents/Drawings - As per approved Drawing/Document Control

Index/Schedule

4.1.4 Documents as specified in PO/PR/MR are minimum requirements. Supplier shallsubmit any other document/data required for completion of the job as per EIL/Ownerinstructions.



'7f 11I OfiTt cYeawlnn

ENGINEERSINDIA LIMITED(A Govt of India UndenakIngi




6-78-0003 Rev. 1Page 5 of 8

4.2 Style and Formatting

4.2.1 All Documents shall be in ENGLISH language and in M.K.S System of units.

4.2.2 Before forwarding the drawings and documents, contractor shall ensure that thefollowing information are properly mentioned in each drawing:

Purchase Requisition NumberName of Equipment / PackageEquipment / Package Tag No.Name of ProjectClientDrawing / Document TitleDrawing / Document No.Drawing / Document Revision No. and Date

43 Review and Approval of Documents by Supplier

4.3.1 The Drawing/Documents shall be reviewed, checked, approved and dulysigned/stamped by supplier before submission. Revision number shall be changedduring submission of the revised supplier documents and all revisions shall behighlighted by clouds. Whenever the supplier require any sub-supplier drawings to bereviewed by EIL, the same shall be submitted by the supplier after duly reviewed,approved and stamped by the supplier. Direct submission of sub-supplier's drawingswithout contractor's approval shall not be entertained.

4.4 Document Category

4.4.1 Review Category

Following review codes shall be used for review of supplier Drawings/Documents:

Review Code 1 No comments. Proceed with manufacture/fabrication as per the document.

Review Code 2 Proceed with manufacture/fabrication as percommented document. Revised documentrequired.

Review Code 3 Document does not conform to basicrequirements as marked. Resubmit for review

R Document is retained for Records. Proceedwith manufacture/fabrication.

V Void

4.5 Methodology for Submission of Documents to EIL/Owner

4.5.1 Document Control Index (DCI)

Supplier shall create and submit Document Control Index (DCI) for review based onPO/PR/MR along with schedule date of submission of each drawing/document on EILeDMS. The DCI shall be specific with regard to drawing/document no. and the exacttitle. Proper sequencing of the drawings/documents should be ensured in scheduledate of submission.


of 240

r1.7-14 ENGINEERS51g-a feff5leg INDIA LIMITED

1.17,124ifflsrefloJOORI1 IA GUN. of India Undertaking,




6-78-0003 Rev. 1Page 6 of 8

4.5.2 Submission of Drawings/Documents

Drawings/documents and data shall be uploaded on the EIL eDMS Portal as per DCI.The detail guidelines for uploading documents on EIL eDMS Portal are available onfollowing URL

http://edocx.eil.co.in/vportal

4.5.3 Statutory Approvals

Wherever approval by any statutory body is required to be taken by Supplier, theSupplier shall submit copy of approval by the authority to EIL.

4.5.4 Details of Contact Persons of Supplier

After placement of order supplier shall assign a Project Manager for that order. Thedetails are to be filled online through the portal. The details include e-mail address,mailing address, telephone nos., fax nos. and name of Project Manager. All the systemgenerated emails pertaining to that order shall be sent to the assigned ProjectManager.

4.5.5 Schedule and Progress Reporting

Supplier shall submit monthly progress report and updated procurement, engineeringand manufacturing status (schedule vs. actual) every month, beginning within 2 weeksfrom FOA/LOA. In case of exigencies, EIL/Owner can ask for report submission asrequired on weekly/fortnightly/adhoc basis depending upon supply status and suppliershall furnish such reports promptly without any price implication. Format for progressreport shall be submitted by the Supplier during kick off meeting or within one week ofreceiving FOA/LOA, whichever is earlier.

4.5.6 Quality Assurance Plan/Inspection and Test Plan

Inspection and test plans (ITP) attached if any, to the MR/PR are to be followed.However for cases wherein ITPs have not been attached with MR/PR, Supplier shallsubmit within one week of receiving FOA/LOA, the Quality Assurance Plan formanufacturing, covering quality control of critical bought out items/materials,inspection & testing at various stages of production, quality control records and siteassembly & testing as may be applicable to the specific order and obtain approvalfrom concerned Regional procurement Office of EIL/third party inspection agency, asapplicable.

For Package equipment contracts, the supplier shall prepare a list of items/equipments and their inspection categorization plan for all items included in the scopeof supply immediately after receipt of order and obtains approval for the same fromEIL. The items shall be categorized into different categories depending upon theircriticality for the scope of inspection of TPIA and/or EIL.

4.5.7 Inspection Release Note (IRN)/ Inspection Certificate (IC)

IRN/ IC shall be issued by EIL Inspector/ third party inspection agency on the basis ofsuccessful inspection, review of certificates as per specifications & agreed quality plan(as applicable) and only after all the drawings/documents as per DCI are submittedand are accepted under review code-1 or code R. Supplier shall ensure that necessarydocuments/manufacturing and test certificates are made available to EIL/TPIA as andwhen desired.


of 240

ENGINEERSOgell 0151jeg INDIA LIMITED

IA Govt of India Unclettalong)1.127, owtore o43frosso




6-78-0003 Rev. 1Page 7 of 8

Note: Non fulfilling above requirement shall result into appropriate penalty or with-holding of payment as per conditions of PO/PR/MR.

4.5.8 Transportation Plan

Transportation Plan for Over Dimensional Consignments (ODC), if any, shall besubmitted within 2 weeks of receiving FOA/LOA, for approval. Consignment withparameters greater than following shall be considered as over dimensional.

Dimensions: 4 meters width x 4 meters height x 20 meters length

Weight : 32 MT

4.6 Final Documentation

4.6.1 As Built Drawings

Shop changes made by Supplier after approval of drawings under `Code 1' by EIL anddeviations granted through online system , if any, shall be marked in hard copies ofdrawings which shall then be stamped 'As-built' by the supplier. These 'As-built'drawings shall be reviewed and stamped by EIL Inspector/ TPIA also. Supplier shallprepare scanned images files of all marked — up 'As — built' drawings. SimultaneouslySupplier shall incorporate the shop changes in the native soft files of the drawingsalso.

4.6.2 As Built Final Documents

As built final documents shall be submitted as listed in PO/PR/MR.

4.6.3 Packing/Presentation of Final Documents

Final Documents shall be legible photocopies in A4, A3 size only. Drawings will beinserted in plastic pockets (both sides transparent, sheet thickness minimum 0.1 mm)with an extra strip of 12 mm wide for punching so that drawings are well placed.

Final Documentation shall be bound in Hard board Plastic folder(s) of size 265 mm x315 mm (10 1 /2 inch x 12 1 /2 inch) and shall not be more that 75 mm thick. It may be ofseveral volumes and each volume shall have a volume number, index of volumes andindex of contents of that particular volume. Where number of volumes are more,90mm thickness can be used. Each volume shall have top PVC sheet of minimum0.15 mm thick duly fixed and pressed on folder cover and will have 2 lever clip. Incase of imported items documents, 4 lever clip shall also be accepted. All four cornersof folders shall be properly metal clamped. Indexing of contents with page numberingmust be incorporated by supplier. Spiral/Spico bound documents shall not beacceptable. As mentioned above, books should be in hard board plastic folders withsheets punched and having 2/4 lever clips arrangement.

Each volume shall contain on cover a Title Block indicating package Equipment TagNo. & Name, PO/Purchase Requisition No., Name of Project and Name of Customer.Each volume will have hard front cover and a reinforced spine to fit thickness of book.These spines will also have the title printed on them. Title shall include also volumenumber (say 11 of 15) etc.

4.6.4 Submission of Soft Copies

Supplier shall submit to EIL, the scanned images files as well as the native files ofdrawings/documents, along with proper index.

Format No. 8-00-0001-F1 Rev. 0 Copyright EIL—AIL rights reserved

of 240




6-78-0003 Rev. 1Page 8 of 8

C,'(L:ED'D ENGINEERSINDIA UMITEDIA Govt of India Undertaking)

ligar idf5lesI MT riernfO7IJOCFAI

In addition to hard copies, Supplier shall submit electronic file (CD-ROM) covering softcopies of all the final drawings and documents, all text documents prepared oncomputer, scanned images of all important documents (not available as soft files), allrelevant catalogues, manuals available as soft files (editable copies of drawings/textdocuments, while for catalogues/manuals/proprietary information and data, PDF filescan be furnished).

All the above documents shall also be uploaded on the EIL eDMS portal.

4.6.5 Completeness of Final Documentation

Supplier shall get the completeness of final documentation verified by EIUTPIA andattach the Format for Completeness of Final Documentation (Format No. 3-78-0004)duly signed by EIL Inspector or TPIA as applicable to the document folder.


of 240

$afg7:11 tel5legMen eRali• 4,30.0

ENGINEERS COMPLETENESS OF FINAL

INDIA LIMITED DOCUMENTATION(A Gort of hula Undertakog)

fEr)

COMPLETENESS OF FINAL DOCUMENTATION

Name of Supplier/Contractor

Customer

Project

EIL's Job No.

Purchase Order No./Contract No.

Purchase Requisition No./Tender No. Rev. No. :

Name of the Work/Equipment

Tag. No.

Supplier's/ Contractor'sWorks Order No.

Certified that the Engineering Documents/ Manufacturing & Test Certificates submitted by thesupplier are complete in accordance with the Vendor Data Requirements of PurchaseRequisition.

Signature

Date

Name

Designation

Department

Signature

Date

Name

Designation

Department

Supplier/Contractor EIL/TPIA

arTilittl/APPROVED

gTffTeR/ Sig eilegiltktvi .

4/ Name: ......... .. . ......................

f4-41--/ Date: ..... ••••••• .... ........................

Copyright EIL — All rights reservedFormat No. 3-78-0004, Rev. 1/ 12.03.2015 of 240

JOB SPECIFICATION

(ELECTRICAL)

DOCUMENT No.

A702-011-16-50-SP-5070 Rev. A

Page 1 of 4

A 28.07.2015 Issued with MR AKM ANPS ANPS

Rev. No


by Checked

by Approved

by


JOB SPECIFICATION

(ELECTRICAL)

FOR

CENTRIFUGAL PUMPS

(MR No. A702-011-PA-MR-5070)

PROJECT : LOW COST DEBOTTLENECKING PROJECT CLIENT : M/S BHARAT OMAN REFINERY LIMITED (BORL) LOCATION : BINA, MADHYA PRADESH CONSULTANT : ENGINEERS INDIA LIMITED JOB NO. : A702

of 240

JOB SPECIFICATION

(ELECTRICAL)

DOCUMENT No.

A702-011-16-50-SP-5070 Rev. A

Page 2 of 4


1.0 GENERAL 1.1 This specification covers major aspects of design, manufacture, supervision of

installation, testing and commissioning of centrifugal horizontal pumps for M/s BORL. 1.2 The equipment shall conform to this specification, enclosed data sheets and standard

specifications.

1.3 In case of conflict between requirements specified in various documents, the more stringent one shall be followed. Owner / Consultant decision shall be binding. The same shall be complied without any time / cost implication to Owner.

2.0 SCOPE 2.1 Vendor’s scope, in each case, shall include sizing, design, engineering,

manufacturing, supply, testing at manufacturer’s works, packing and delivery at site of all the electrical equipment including supply of all commissioning spares, 2 years operational & maintenance spares, mandatory spares, special tools & tackles as per the specifications and data sheets enclosed with the requisition. The electrical equipment shall be as follows:

a. All HV Induction Motor.

2.2 Installation, testing & commissioning at site of the electrical items is included in

vendor’s scope. Vendor’s scope shall also include providing all specialised tools & tackles / instruments required for the above service.

3.0 EXCLUSIONS

3.1 Supply of 6.6kV feeders for pump motors.

3.2 Supply and laying of all power, control, space heater, signal cables from field to Substation & Control room.

4.0 POWER SUPPLY SYSTEM FROM OWNER

High voltage (motors) : 6600V ±10 % System frequency : 50Hz ±3 %

5.0 UTILIZATION VOLTAGE

Utilization voltage for motor, anti-condensation heaters based on their ratings shall be as listed below:

a.) Motors rated above 132kW : 6600V, 3 Ph

b.) Anti-condensation heaters : 240V, 1 Ph

of 240

JOB SPECIFICATION

(ELECTRICAL)

DOCUMENT No.

A702-011-16-50-SP-5070 Rev. A

Page 3 of 4


6.0 EQUIPMENT SPECIFICATION

S. No.

Tag No Hazardous Area Classification Motor Type Gas Group Temp. Class

1. 12-PA-CF-113 A/B HVGO PDT Pump

Zone-2 Ex-n IIA/IIB T3

6.1 HV motors shall conform to EIL standard specification 6-51-0031 Rev 5 and

respective motor data sheets. 6.2 All the motors shall have minimum enclosure protection Ex n (without pre-start

ventilation) and shall meet the requirements of latest version of IS/IEC 60079-15.

6.3 All the equipment indigenous and imported shall have a valid statutory approval of CCOE/PESO and copies of the same (CCOE/PESO) shall be furnished during detailed engineering stage which is mandatory as per local rules/regulations.

6.4 All cable glands/ adopters/ blocking plugs for hazardous area equipment shall meet

the requirements of IS/IEC: 60079-0.

6.5 FRP Canopy shall be provided for all outdoor motors.

7.0 BIDDER TO FOLLOW PRICE PHILOSOPHY AS PER THE FOLLOWING. 7.1 Commissioning Spares: Included in base price. Bidder to furnish list of

commissioning spares required for Electrical system.

7.2 Special Tools & Tackles: Included in base price. Bidder to furnish list of tools & tackles required for Electrical system.

7.3 Mandatory Spares: Supply of mandatory spares for electrical, as per doc. no. A702-011-16-50-MS-5070 is included in base price.

7.4 Two years spares: Separate itemised price. Bidder to furnish list of recommended two years spares for operation and maintenance with unit prices for all electrical equipments. However minimum spares for motors shall include following: a) Bearing DE/NDE one set b) Terminal box cover with screws c) Fan d) Terminal block

8.0 Vendor shall supply cable glands and tinned copper crimping type lugs for equipment

supplied by them. For outdoor equipment, double compression type Nickel plated brass Flameproof cable glands shall be supplied. The size of cable glands supplied shall be appropriate to the size of cable.

9.0 All power and control cable sizes shall be finalised during detailed engineering.

Provisions as required in Vendor’s equipment for termination of the same shall be made accordingly without any cost & time implications to Owner.

of 240

JOB SPECIFICATION

(ELECTRICAL)

DOCUMENT No.

A702-011-16-50-SP-5070 Rev. A

Page 4 of 4


10.0 EIL-APPROVED VENDOR LIST

S. no.

Equipments / Components

Makes

1

MOTOR-INDUCTION (HV INCREASED SAFETY ZN2)

ABB LTD (BARODA),BHEL (BHOPAL), CROMPTON GREAVES LTD. (BHOPAL), KIRLOSKAR ELECTRIC CO LTD. (BANGALURU), MARATHON ELECTRIC (KOLKATA)

4

MOTOR-IMPORTED

ASEA BROWN BOVERY LTD (ABB LTD), NIDEC ASI SPA, HYUNDAI HEAVY INDUSTRIES CO. LTD, JEUMONT SA / FRAMATONE ANP, LOHER GMBH, LLOYD DYNAMOWERKE GMBH & CO. KG, SIEMENS A, TOSHIBA CORPORATION, WEG EQUIPAMENTOS ELETRICOS S.A., WEGEURO - INDUSTRIA ELECTRICA S.A.

Note:- a) Vendor may procure material from any of EIL approved vendors. However

current validity and range of approval as per EIL enlistment letter, workload, stability and solvency need to be verified by the Vendor before placement of order.

b) Vendor shall strictly follow the list of makes for Equipment as specified above.

c) Additional makes of imported items shall be subject to Owner/EIL’s approval during detailed engineering.

d) Vendor can offer equipment of makes other than specified in the requisition during order execution. The alternate make of equipment will be evaluated post order, based on the satisfactory track record and test certificates to be furnished by the Vendor. In case the alternate makes are not found acceptable, equipment shall be strictly as per vendor list enclosed with the requisition.

11.0 LIST OF ATTACHMENTS

Sr. No. Title Document No. Rev.

1. Data Sheet – HV Motors A702-011-16-50-DS-5070 A

2. Vendor Data Requirement A702-011-16-50-VDR-5070 A

3. Technical Check List (Electrical) A702-011-16-50-LL-5070 A

4. Mandatory Spares (Electrical) A702-011-16-50-MS-5070 A

5. Specification for HV Induction Motors 6-51-0031 5

6. Inspection & Test Plan for HV Induction Motors

6-81-1031 3

of 240

A. Site conditions

1 Ambient temperature, minimum: 1.1 °C 3 Atmospheric condition:

maximum: 45.6 °C 4 Altitude:

design: 45 °C 5 Location:

2 Relative humidity: 86 % 6

B. Technical particulars

1 Motor tag no.: * 17 Hazardous area classification:

2 Driven equipment name: * 18 Gas group/Temp. Class: IIA/IIB

3 Voltage: 19 Type of explosion protection: Ex-n

4 Phase: Three 20 Type of ingress protection:

5 Frequency: 21 Reacceleration:

6 Fault level: 22 Diff. protection CTs:

7 Fault duration: 0.25 sec. CT specs.:

8 System earthing: 24 Color shade:

9 Duty: 25 Thermisters:

10 Method of starting: 26 RTD:

11 Cable size: Later mm² 27 BTD:

12 Cable type: 28 RTD/BTD monitoring device:

13 Temperature rise: 75 °C

14 Cooling: CACA/TETV/TEFC (Refer Note-2)

15 Insulation class: F 29 Applicable specification:

16 (With Temp rise limited to class-B

1 Suggested motor rating: kW 9 Coupling type:

2 Manufacturer: 10 Torque required, starting: mkg

3 Type of driver mounting: 11 maximum: mkg

4 Driven equipment: 12 GD2 of eqpt., including flywheel: kgm

2

5 Shaft kW: kW excluding flywheel: kgm2

6 kW at maximum load: kW 13 Maximum thrust: kg

7 Speed: RPM 14 Pulsation rate:

8 Rotation of eqpt. from coupling end: 15 Starting condition:

1 Rating: kW

2 Manufacturer: 20 Space heater - voltage & power:

3 Frame designation: 21 Moment of inertia, GD2: kgm

2

4 No. of poles: 22 DE/NDE bearing type & no.:

5 Full load speed: RPM 23 Type of lubrication:

6 Mounting: 24 Type of main terminal box:

7 Full load torque (FLT): mkg 25 Type of neutral terminal box:

8 Starting torque: % of FLT 26 No. of Terminals

9 Break down or pull out torque: % of FLT 27 Weight of motor: kg

10 Full load current (FLC): A 28 Thermisters, quantity: no.

11 Starting current at 100% voltage: % of FLC make: type:

12 Rotation viewed from coupling end: 29 RTD, quantity: no.

13 Starting time at 80%/100% voltage: sec. make: type:

14 Locked rotor withstand time (cold/hot) at, 30 BTD, quantity: no.

80% voltage: sec. make: type:

100% voltage: sec. 31 Shaft voltage: V

15 Time (Te) for Increased Safety Motor sec. 32 Critical speed, 1st/2

nd stage: RPM

at 100% Voltage 33 Pressurization panel:

16 Efficiency at 75%/100% Load: % make: type:

17 Power factor at 75%/100% load: 34 Canopy:

18 Heating/Cooling Time Const. (min.) min 35 Fan rotation Design Universal/Fixed/Can be changed

19 Applicable IS/IEC for Hazardous Area:

PURCHASER's DATA

Issued with MR

500% subject to

IS/IEC tolerance

AKM28.07.2015

DATA SHEET HIGH

VOLTAGE SQUIRREL CAGE INDUCTION

MOTOR

Datasheet No.

A702-011-16-50-DS-5070

Rev.No. A

Page 1 of 1

MOTOR MANUFACTURER's DATA

DRIVEN EQUIPMENT MANUFACTURER's DATA

ANPS ANPS

Rev. Date Purpose Prepared Checked Approved

A

6.6. kV

40 kA

D.O.L.

Continuous

Zone-2

IP 55

±10%

±3%

*-To be filled by the vendor

1. Starting time calculations shall be based on operating conditions specified in Material Requisition eg. open valve condition/closed

valve condition, at no load/under load, as applicable.

2. RTD,BTD requirement is asper Cl 7.1 of EIL specification 6-51-0031 Rev-5.

Resistance

Humid & highly corrosive

Outdoor

< 1000 m

50 Hz

Al. cond. XLPE insulated

EIL spec. 6-51-0031

632 as per IS 5

Format No. EIL-1650-687H Rev.3 Copyrights EIL - All rights reserved of 240


FOR

CENTRIFUGAL PUMPS HORIZONTAL

A 29-JUL-2015 Issued with MR AKM ANPS ANPS

Rev.No.

Date Purpose Prepared by Checked by Approved by


CENTRIFUGAL PUMPS HORIZONTAL of 3


Rev. A

Page 1


of 240


The following drawings/documents marked " " shall be furnished by the bidder.

S.NO.

DESCRIPTION WITHBID


REVIEWFOR

RECORD

WITHDATABOOK

(FINAL)

1. Schedule of Vendor Documents

2. Confirmation of Technical Compliance3. Data Sheets (Duly filled-in)

4. Dimensional/Assembly Drawings : GADrawings

5. Dimensional/Assembly Drawings : InstallationPlan/Mounting Details

6. Dimensional/Assembly Drawings : BearingAssembly Drawing

7. Dimensional/Assembly Drawings : RotorDimensional Drawing

8. Dimensional/Assembly Drawings : SectionalView Drawing

9. Dimensional/Assembly Drawings : Air/WaterCooler Drawing

10. Dimensional/Assembly Drawings : TerminalBox Arrangement

11. Dimensional/Assembly Drawings : Name PlateDrawing

12. Schematic/Unit Connection Diagram

13. Performance Curves : Speed Torque Curves

14. Performance Curves : Speed-Current/TimeCurves

15. Performance Curves : Thermal WithstandCurves (Hot & Cold)

16. Performance Curves : P.f. & Efficiency Curves

17. Test Records

18. Inspection & Test Plan (ITP) -For review byInspection Dept.

Refer Note-'*'

19. Statutory approval certificate

20. Type Test Certificates for similar equipment

21. List of Commissioning Spares

22. List of Maintenance Spares

23. List of Mandatory Spares

24. List of Special Tools & Tackles

25. Data Books/ Manuals : Installation Manual




Rev. A

Page 2


of 240

Notes :

1. "TICK" denotes applicability.

2. Post order, drawing / document review shall commence only after approval of Document Control Index (DCI).

3. All post order documents shall be submitted / approved through EIL eDMS portal.

4. Final documentation shall be submitted in hard copy (Six prints) and soft ( two CDs/DVDs ) in addition to

submission through EIL eDMS.

5. Refer - 6-78-0001: Specification for quality management system from Bidders.

6. Refer - 6-78-0003: Specification for documentation requirement from Suppliers.

7. All drawings & documents shall be submitted in A4 or A3 paper sizes. Documents in higher paper size shall

be submitted in exceptional circumstances or as indicated in the MR/Tender.

8. Post order- The schedule of drawing / data submission shall be mutually agreed between EIL & the bidder /

contractor / supplier during finalization of Document Control Index (DCI).

9. '*' indicates the following:

a. Equipments whose ITP is attached with Contract -ITP for respective equipment shall be followed. Therefore,

no ITP is to be furnished for review for those equipments.

b. Equipments whose ITP is not attached with Contract-Manufacturer's ITP shall be submitted by Packager/

Vendor/Contractor to respective Regional Procurement Office (RPO) near to manufacturer's works for approval

by EIL Inspection.

10. All technical details and documents furnished with bids shall be treated as data for engineering. These shall

however be subject to Purchasers review after order placement and bidder shall comply to MR/Tender

requirements without any cost & time implication to EIL/Owner.

S.NO.

DESCRIPTION WITHBID


REVIEWFOR

RECORD

WITHDATABOOK

(FINAL)

26. Data Books/ Manuals : Operating/ MaintenanceManual

27. Data Books/ Manuals : Catalogues/ Brochures

28. Details of proven track record (for motors>2MW)

29. Equipment storage procedure at site




Rev. A

Page 3


of 240

Checklist – Electrical

DOCUMENT No.

A702-011-16-50-LL-5070 Rev. A

Page 1 of 2


Rev. No Date Purpose Prepared

by Checked

by Approved by


S. No. CHECK POINT / QUERY BIDDER’S

CONFIRMATION/ANSWERS

1. Have you noted the scope of supply as per Electrical Job

specification (doc no A702-011-16-50-SP-5070 Rev A) and agree to

supply materials and services according to that?

Please confirm compliance.

2. Have you noted that electrical motors shall be Ex n suitable for

Zone-2 Gas Gr IIA/IIB and shall have IP-55 (minimum) ingress

protection?


3. For all the offered electrical equipments to be installed in hazardous

areas, approval certificates of CCOE/PESO shall be furnished

during detailed engineering stage which is mandatory as per local

rules/regulations. Availability of the same to be confirmed by the

bidder. If the same are not available suitable timely action shall be

initiated to obtain the same without any cost and time implication to

the Owner.


4.

Have you filled up the relevant motor data sheet as per the format A702-000-16-50-DS-5070 for each motor?

5. Please confirm compliance to 6-51-0032 for technical Specificati on for LV (400 V) Inducti on Motors . Bidder to note that equivalent IEC standards are also acceptable, wherever Indian standards have been specifi ed. Please confirm compliance to EIL Specification 6-51-0031 for HV Induction Motor. For Imported motor, please attach confirmation of compliance with 6-51-0031, as applicable for technical specifications and testing requirements. Deviations (if any) shall be listed in a separate deviation list. Apart from deviations listed in the separate deviation list, it shall be presumed that motor complies with all other spec. requirements. Confirm compliance.

6. Please inform the makes of all equipments/materials. Please note that all the offered equipment shall have valid type test certificates and Proven track record which shall be reviewed during detailed engineering.

7. Earth terminals for connection to main plant earth grid shall be provided on Motor. Purchaser shall do the connection to main plant earth grid. Please note and confirm compliance.

8. Confirm that supply of required tools and tackles as per Electrical

Job Specification (Document No. A702-011-16-50-SP-5070 Rev A)

for the offered equipments have been considered in your scope.

Furnish list of same with the offer.

In case same are not required, bidder shall indicate the same

9. Confirm that supply of mandatory spares in line with Mandatory spares Document No. (A702-011-16-50-MS-5070 Rev A) has been considered in your offer.

of 240

Checklist – Electrical

DOCUMENT No.

A702-011-16-50-LL-5070 Rev. A

Page 2 of 2

Format No. EIL 1641-1924 Rev. 1

Copyright EIL – All rights reserved

S. No. CHECK POINT / QUERY BIDDER’S

CONFIRMATION/ANSWERS

10. Cable glanda and l ugs for all the motors shall be supplied by y ou.Details of purchaser re\ Cable glands and lugs for all the motors shall be supplied by you. Details of purchaser supplied cables shall be provided during detailed engineering. Please note and confirm compliance.

11. FRP Canopy for each motor is required to be part of supply. Confirm compliance.

of 240

MANDATORY SPARE PARTS (ELECTRICAL)

Document No.

A702-011-16-50-MS-5070 Rev. A

Page 1 of 2


Rev. No


by Checked

by Approved

by

Format No. EIL-1641-1924 Rev.1 Copyright EIL – All rights reserved

MANDATORY SPARE PARTS

(ELECTRICAL)

(MR No. A702-011-PA-MR-5060)

PROJECT : LOW COST DEBOTTLENECKING PROJECT CLIENT : M/S BHARAT OMAN REFINERY LIMITED (BORL) LOCATION : BINA, MADHYA PRADESH CONSULTANT : ENGINEERS INDIA LIMITED JOB NO. : A702

of 240

MANDATORY SPARE PARTS (ELECTRICAL)

Document No.

A702-011-16-50-MS-5070 Rev. A

Page 2 of 2

Format No. EIL-1641-1924 Rev.1 Copyright EIL – All rights reserved

MANDATORY SPARES (ELECTRICAL)

Bidder shall include the following mandatory spares for Electrical equipments

Sl. No. Item Description Quantity

1.0 HV induction motors (one set of spare for each rating & type)

1.1 Bearing ( DE & NDE ) 1 set

1.2 Terminal studs/bushing assembly 1 set each

NOTES: 1. The word ‘TYPE’ means the Make, Model no., Type, Range, Size/ Length, Rating, Material as

applicable. 2. Mandatory spares as indicated above do not cover commissioning spares. 3. Mandatory spares as indicated above do not cover two year O&M spares. 4. Mandatory spares shall be applicable for electrical items of motors/sub-packages as per

mandatory spares philosophy specified elsewhere in the bid document.

of 240

\k.

CV/'' 7,Q

UAP/JMS SC

JMS VC

VPS SKG

SG AS

SKG RCPC

Standards Standards Comm ittee Bureau Convenor Chairman

Approved by


6-51-0031 Rev. 5 Page 1 of 18

SPECIFICATION FOR HIGH VOLTAGE INDUCTION MOTORS

ENGINEERS $ig-ar ffieg INDIA LIMITED

(A Govt of India Undeftalongl

d-wci 5c1-k111 r("R

f~r SPECIFICATION

FOR HIGH VOLTAGE

INDUCTION MOTORS

t '4•1■,. -

5 20.11.13 REVISED AND ISSUED AS STANDARD SPECIFICATION

SA BRB


SD BRB

3 09.04.02 REVISED AND RE-ISSUED UG AAN


AAN VPS

1 30.01.89 ISSUED AS STANDARD SPECIFICATION VPS VPS

Rev. No Date Purpose Prepared

by Checked by

Format No. 8-00-0001-F1 Rev. 0 Copyright EIL — All rights reserved of 240

ENGINEERS SPECIFICATION STANDARD SPECIFICATION No.

$1&:1T12-&g INDIA LIMITED FOR HIGH VOLTAGE INDUCTION 6-51-0031 Rev. 5 (A Govt of incha Undeltaking) MOTORS Page 2 of 18

1.1127f c.-W■srxeMIJVCISA)

Abbreviations:

BIS Bureau of Indian Standard BS British Standards CIMFR Central Institute of Mines and Fuel Research CT Current Transformer EIL Engineers India Limited FM Factory Mutual FRP Fiberglass Reinforced Plastic IEC International Electro-technical Commission IEEE Institute of Electrical & Electronics Engineers IS Indian Standard JEC Japanese Electro-technical Committee LCIE Laboratoire Central des Industries Electriques LRWT Locked Rotor Withstand Time NEMA National Electrical Manufacturers Association PO Purchase Order PVC Poly Vinyl Chloride p.u. per unit r.m.s Root Mean Square RPM Revolutions per Minute TETV Totally enclosed Tube Ventilated UL Underwriter's Laboratories VDE Verband Deutscher Elektrotechniker CEA Central Electricity Authority DOL Direct On line VFD Variable Frequency drive OEM Original Equipment manufacturers TPIA Third party Inspection Agency PESO Petroleum & Explosives safety organisation

Electrical Standards Committee

Convenor: Mr. UA Patro

Members: Mr. BR Bhogal Ms. S. Anand Mr. Parag Gupta Mr. A.K. Chaudhary Ms. N.P. Guha

Copyright EIL - All rights reserved Format No. 8-00-0001-F1 Rev. 0

of 240


INDIA LIMITED FOR HIGH VOLTAGE INDUCTION 6-51-0031 Rev. 5 Go" of India Undedok,nd) MOTORS Page 3 of 18

CONTENTS

1.0 SCOPE .4

2.0 CODES AND STANDARDS 4

3.0 GENERAL REQUIREMENTS .5

4.0 OPERATING CONDITIONS ..5

5.0 PERFORMANCE 7

6.0 CONSTRUCTION DETAILS 7

7.0 CONTROL, ALARM AND TRIP DEVICES 13

8.0 MISCELLANEOUS ACCESSORIES 14

9.0 NOISE LEVEL 16

10.0 MOTOR VIBRATIONS 16

11.0 CRITICAL SPEEDS 16

12.0 PAINTING 16

13.0 INSPECTION AND TESTING 16

14.0 CERTIFICATION . 17

15.0 PACKING AND DESPATCH 18


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1.0 SCOPE

This specification covers the design, manufacture, testing, packing and supply of high voltage squirrel cage induction motors.

2.0 CODES AND STANDARDS

2.1 The squirrel cage induction motors and their components shall comply with the latest editions of following standards issued by BIS (Bureau of Indian Standards) unless otherwise specified:

IS - 5 Colours for ready mixed paints and enamels IS - 325Three phase induction motors IS - 1271 Thermal evaluation and classification of electrical insulation IS - 2071 Methods of high voltage testing IS - 2253 Designation for type & construction and mounting arrangement of

rotating electrical machines IS - 2968 Dimensions of slide rails for electrical motors IS - 4029 Guide for testing of three phase induction motors IS - 4889 Method of determination of efficiency of rotating electrical machines IS - 6362 Designation of methods of cooling of rotating electrical machines IS - 7816 Guide for testing insulation resistance of rotating machines IS - 8223 Dimensions and output series for rotating electrical machines IS — 8789 Values of performance characteristics for three phase induction motors IS - 12065 Permissible limits of noise level for rotating Electrical Machines IS - 12075 Mechanical vibration of Rotating Electrical Machines with shaft heights

56 mm and higher measurement, evaluation and limits of vibration severity

IS - 13529 Guide on effects of unbalanced voltages on the performance of three phase induction motors

IS - 13555 Guide for selection and application of three phase induction motors for different types of driven equipments

IS - 14222 Impulse voltage withstands levels of rotating electrical machines with form-wound stator coils

IS - 14568 Dimension and output series for rotating electrical machines, frame numbers 355 to 1000 and flange numbers 1180 to 2360

IS / IEC60079-0 Electrical apparatus for explosive gas atmospheres (General Requirements) IS/IEC60079-1 Equipment protection by Flame proof enclosures "d'. IS/IEC60079-2 Explosive protection by pressurized enclosure "p" IS/IEC60079-7 Explosive atmospheres-Equipment protection by increased safety —"e" IS/IEC60079-15 Electrical apparatus for explosive gas atmospheres Construction, test &

marking of type of protection "n" IS/ IEC: 60529 Degree of protection provided by enclosures (IP Code)

IS/IEC-60034-1 Rotating Electrical machines Rating & Performance.

IS/IEC-60034-5 Degrees of protection provided by enclosure for rotating electrical machinery.

IS/IEC 60034-8: Terminal marking and direction of rotation for rotating electrical machinery.

2.2 In case of imported motors, standards of the country of origin shall be applicable if these standards are equivalent or stringent than the applicable Indian Standards.

2.3 The motors shall also conform to the provisions of CEA regulations and other statutory regulations currently in force in the country.

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2.4 In case Indian Standards are not available, standards issued by IEC/BS/VDE/IEEE/JEC/NEMA or equivalent agency shall be applicable.

2.5 In case of any conflict between requirements specified in various applicable documents, the most stringent one shall prevail. However, owner's decision in this regard shall be final and binding.

3.0 GENERAL REQUIREMENTS

3.1 The offered equipment shall be brand new with state of the art technology and proven field track record. No prototype equipment shall be offered.

3.2 Vendor shall ensure availability of spare parts and maintenance support services for the offered equipment at least for 10 years from the date of supply.

3.3 Vendor shall give a notice of at least one year to the end user of equipment and EIL before phasing out the product/spares to enable the end user for placement of order for spares and services.

4.0 OPERATING CONDITIONS

4.1 Ambient Conditions

Motors shall be suitable for operating satisfactorily in humid and corrosive atmospheres found in refineries, fertilizer, petrochemical and metallurgical plants. Service conditions shall be as specified in the motor data sheet. If not specifically mentioned therein, a design ambient temperature of 40°C and an altitude not exceeding 1000 meters above mean sea level shall be taken into consideration.

4.2 Frequency and Voltage variations.

Unless otherwise agreed, motors shall be designed for continuous operation at rated output under the following conditions:

a) The terminal voltage differing from its rated value by not more than ± 6 % or b) The frequency differing from its rated value by not more than ± 3 % c) Any combination of (a) and (b)

4.3 Starting

a) Motors shall be designed for direct on line starting or other method of starting as specified in datasheet.

b) Motors shall be designed for re-acceleration with full load after a momentary loss of voltage with the possibility of application of 100% of the rated voltage when the residual voltage has dropped down to 50% and is in phase opposition to the applied voltage.

c) Motors shall be designed to allow the minimum number of starts on full load indicated in Table below:-

Min. Number of starts Up to 500 KW

500 to 1000 KW

Above 1000 KW

No. of consecutive start-ups with initial temperature of the motor at ambient level (cold.)

3 3 2

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No. of consecutive start-ups with initial temperature of the motor at 2 2 1

full load operating level (hot)

d) Unless otherwise specified, the locked rotor withstand time under hot condition at 100% voltage (time tE for increased safety i.e. Ex e motor) shall be minimum 5 seconds more than the starting time at 100 % voltage, under specified load conditions.

4.4 Unless otherwise stated in the motor data sheet, motors shall be suitable for starting at 80% of the rated voltage against the torque speed characteristics of the driven equipment.

a) Starting torque and minimum torque of the motor shall be compatible with the speed torque characteristics of the driven equipment under specified starting and operating conditions.

b) For heavy duty drives such as blowers, crushers, compressors etc., high starting torque motors shall be provided.

This shall be checked against the speed torque characteristics of the load and the thermal withstand characteristics of the motors.

4.5 The pull out torque at rated voltage shall be not less than 175 percent of the rated load torque with no negative tolerance. In case of motors driving equipments with pulsating loads (e.g. reciprocating compressors), the minimum value of the pull out torque at 80% of rated voltage shall be more than the peak value of the pulsating torque and the current pulsation shall be limited to 40%.

Unless otherwise agreed, the pull out torque shall not exceed 300% of the rated load torque.

4.6 Direction of rotation

Motors shall preferably be suitable for either direction of rotation. In case unidirectional fan is provided for motors, direction of rotation for which the motor is designed shall be permanently indicated by means of an arrow. Any alteration required for obtaining a change in the direction of rotation such as reversal of the fan, must be clearly specified. Motors which are suitable for only one direction of rotation shall have this direction of rotation clearly indicated on the motor together with the phase sequence of the terminals associated with this rotation in indelible marking. Motors suitable for bi-directional rotation shall be provided with a double headed arrow. Directional arrow should be manufactured from corrosion resistant material.

Normally, clockwise rotation is desired as observed from the driving (coupling) end, when the terminals ABC are connected to a supply giving a terminal phase sequence in the order ABC. Counter clockwise rotation of the motor shall be obtained by connecting the supply to terminals so that the phase sequence corresponds to the reversed alphabetical sequence of the terminal letters. Ample space shall be provided at the terminal box for interchanging external leads C and A for this purpose.


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ENGINEEFZS SPECIFICATION STANDARD SPECIFICATION No.

$1fg-ar 2faidg INDIA LIMITED FOR HIGH VOLTAGE INDUCTION 6-51-0031 Rev. 5 Ift Govt of Intha Undertakingt MOTORS Page 7 of 18

1.11277 232,7,retTR,~3)

5.0 PERFORMANCE

5.1 Motors shall be rated for continuous duty (S1 ), unless otherwise specified.

5.2 Motors shall have adequate torque to accelerate the load from zero to full speed under the specified starting and operating conditions.

5.3 Starting current shall be 500% subject to IS/IEC tolerance for motors up to 1000 kW. For motors above 1000 kW, it shall be agreed with purchaser for each case.

5.4 In particular cases, when the starting current is to be limited, care shall be taken such that the design values of torque meets the load requirement while at the same time complying with clause 4.3 above of this specification.

5.5 In particular cases, when the starting with reduced voltage is specified, care shall be taken such that the design values of torque meets the load requirement while at the same time complying with clause 4.4 and 4.5 above of this specification.

5.6 Motors fed by variable frequency drive shall additionally meet the following requirements:

5.6.1 The motors shall be suitable for the current wave forms produced by the power supply including harmonics generated by the drive.

5.6.2 The motors shall be designed to operate continuously at any speed over the range (1— 100%) of rated speed or as specified in data sheet. The characteristics shall be based on the application — in terms of constant torque / variable torque as per the driven equipment. Additional cooling fan shall be provided if required to limit the temperature rise to specified limits.

5.6.3 The motors shall withstand torque pulsation resulting from harmonics generated by the solid state power supply.

5.6.4 The motors required to be transferred to DOL bypass mode shall be rated for specified variations in line voltage and frequency.

6.0 CONSTRUCTION DETAILS

6.1 Windings

6.1.1 Motors shall be provided with class-F insulation. The permissible temperature rise above the specified ambient temperature shall be limited to those specified in the applicable Indian Standards for class-B insulation.

6.1.2 The windings, along with the stator, shall be tropicalised and shall be vacuum impregnated(resin poor type). Winding shall be adequately braced to prevent any relative movement during operation. In this respect, special care shall be taken for the stator windings of direct-on-line starting squirrel cage motors. Insulation shall be provided between coils of different phases which lie together.

6.1.3 Core laminations must be capable of withstanding burnout for rewind at 400°C without damage or loosening.


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11 ENGINEERS SPECIFICATION STANDARD SPECIFICATION No.

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In case of motors driving equipment with pulsating loads, special attention shall be paid to the joints of rotor bars and end rings to avoid premature failures due to induced fatigue stresses.

For Ex n and Ex e motors, the conductor insulation must be carried right up to the terminal clamp.

6.1.4 Motors shall be designed to withstand impulse voltages specified in applicable Indian Standards/relevant IEC. The wave shape shall be as per IS/relevant IEC.

6.1.5 Windings of motors shall be star connected. For VFD fed motors, the main winding connected in `Delta' can also be considered acceptable subject to motor manufacturer having adequate proven track record.

6.2 Terminals, terminal boxes and cable entries

6.2.1 The ends of the winding shall be brought out into a terminal box. The terminations shall be by means of clamp type bushing or bushings with adequately sized bolted terminals. Line terminals shall be properly insulated from the frame with material resistant to tracking.

6.2.2 The terminal box shall be located on the right hand side viewed from the driving (coupling) end. Unless otherwise specified, the terminal box shall be suitable for side cable entry. The size of the cable end boxes shall be large enough to provide a minimum distance of 600 mm between cable gland plate and terminal lug.

6.2.3 The neutral point of the star windings shall also be brought out to a separate terminal box. This shall house the current transformers for differential protection of motors wherever required and shall be located on the opposite side of main terminal box.

6.2.4 The main and neutral terminal box shall be of fabricated sheet steel. The main terminal box shall be phase segregated type, unless otherwise agreed.

Motors can have elastimold phase insulated terminals in a common box. Ex d type (flame proof) motors can have phase insulated terminal box of Exd rating whereas Ex p type (pressurized) motors can have phase insulated terminal box of Ex d/Ex p rating. Ex d (Flameproof) motors with non phase segregated & non phase insulated flameproof terminal box duly tested at independent test laboratory can be considered acceptable subject to motor manufacturer having adequate proven track record.

6.2.5 The terminal box must be of robust construction, with necessary clearance, creepage distances between live parts and between live parts to earth considering air insulation and without any compound filling.

6.2.6 The terminal box shall be provided with pressure relief flaps/devices for increase safety i.e. Ex e motors, non-sparking i.e. Ex n motors and safe area motors, as per manufacturer's standard.

6.2.7 The terminal box shall be capable of withstanding the fault current for a period of 0.25 seconds specified in the motor data sheet.

6.2.8 Appropriate phase markings as per IS shall be provided inside the terminal box. The markings shall be non-removable and indelible.


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6.2.9 The terminal box shall be provided with entries for suitable cable glands corresponding to the size of the specified cables. Equipment and accessories provided shall conform to the hazardous area classification and the environmental conditions as specified in the motor data sheet.

6.2.10 An adequately sized earth terminal shall be provided for cable armour termination. It is essential that all metal parts (mounting rail and cable glands) are bonded and connected to the earth system. Bonding straps are also required across joints on non-active parts.

6.2.11 Separate terminal boxes shall be provided for space heaters, resistance temperature detectors and vibration probes.

6.2.12 Main and neutral terminal box covers must be provided with handles to facilitate easy removal.

6.3 Motor casing and type of enclosure

6.3.1 All Motors shall be suitable for installation directly outdoor and must have degree of protection corresponding to IP-55 as per IS.

6.3.2 All internal and external metallic parts, which can come into contact with cooling air (Piping, air supply and discharge conduits, protective grills air deflectors, filters and supports etc.) shall be of corrosion resistant material or appropriately treated to resist corrosive agents which may be present in the atmosphere. Screws and bolts shall be of rust proof material or protected against corrosion.

6.3.3 Effective equipotential bonding straps to guard against the occurrence of sparks due to presence of circulating currents shall be provided in type Ex n, Ex e and Ex p motors.

6.4 Bearing and lubrication

6.4.1 Motors shall have grease lubricated ball or roller type bearings or of the manufacturer's standard type. However, 2 pole motors above 750 kW rating shall be provided with sleeve bearings as a minimum. Sleeve bearings when provided shall be of proven design.

6.4.2 The bearings shall be chosen to give a minimum L- 10 rating life of 5 yrs. (40,000 hrs) at rated operating conditions.

(The L -10 rating life is the number of hours at constant speed that 90 % of a group of identical bearings will complete or exceed before the first evidence of the failure ).

6.4.3 Where bearing supports are attached to the motor casing adequate bracing shall be provided on these supports to reduce vibrations and ensure long life of the bearings. Bearings shall be adequate to absorb axial thrust in either direction produced by the motor itself or due to shaft expansion.

6.4.4 Motor bearings exposed to high temperatures (e.g. motors for hot oil/boiler feed pumps) shall have adequate provisions for cooling of bearings.

6.4.5 Vertical motors shall be provided with thrust bearings suitable for the load imposed by the driven equipment.

6.4.6 Motors shall be designed to permit removing/replacement of bearings.


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6.4.7 Grease lubricated bearings

Bearings shall be capable of grease injection from outside without removal of covers. The bearing boxes shall be provided with labyrinth seals, to prevent loss of grease or entry of dust or moisture. When grease nipples are provided, these shall be associated, where necessary, with appropriately located relief devices, which ensure passage of grease through the bearings.

The motors shall have facility for on-line greasing.

6.4.8 Sleeve bearings

Sleeve type bearings shall be fitted with oil rings for continuous lubrication. The oil reservoirs shall have a form suitable for allowing settling of any solids or residual particles contained in the oil.

The covers shall be provided with suitable openings for adding and draining oil, together with an overflow plug and level indication. The shaft shall have perfect seals so as to prevent entry of dust or moisture.

6.4.9 Forced lubrication bearings

The oil lubrication system shall be independent of the driven machine. Common lubrication system for the driven equipment and the motor can be accepted provided it is separate from the seal oil system. The common lubrication system shall be provided with suitable degassing equipments to extract gas reducing the probability of gas entering the motor.

In the independent lubrication system, oil supply shall be guaranteed by one of the following methods:

With a mechanical pump co-axial with the motor and supplemented by a separate electric motor driven pump for initial lubrication during start up and stopping operations.

With a separate electric motor driven pump. In this case the lubricating system shall consist of two identical motor driven pumps, one running and one acting as standby.

In addition to the pumps, the lubrication system shall be supplied complete with the following as a minimum:

a) An oil cooler of shell and tube type with tubes of inhibited admiralty brass. Internal coolers shall not be accepted. To prevent the oil from being contaminated, if the cooler fails, the oil side operating pressure shall be higher than the water side operating pressure.

b) An austenitic stainless steel oil reservoir with the following characteristic :

The capacity to avoid frequent filling, to provide adequate allowance for system rundown and to provide a retention time of at least 3 minutes to settle Provision to eliminate air and minimize flotation of foreign matter to the pump suction


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STANDARD SPECIFICATION No. ■31

$.1gzff 02&g INDIA LIMITED INDUCTION 6-51-0031 Rev. 5 ‘1,1,3~ IA Govt ot Ind,a UnclertaNingt MOTORS Page 11 of 18

Fill connections, reflex type level indicators and breathers suitable for outdoor use Sloped bottoms and connections for complete drainage Clean out openings as large as is practicable A bypass line that returns below the oil level to eliminate aeration and static electricity A thermostat with two electrical contacts for alarm & tripping in case of high oil temperature

c) A supply and return system

d) A duplex full flow filter with replaceable elements and filtration of 25 tm nominal or finer as recommended by the bearing manufacturer. Filter cartridge material shall be corrosion resistant. Metal mesh or sintered metal filter elements shall not be acceptable. The filter shall not be equipped with a relief valve or an automatic bypass

e) The motor driven auxiliary pumps shall be provided with suction stainer and an automatic/manual control system arranged to start automatically on low oil pressure and with manual shutdown only

0 Sight flow indicators in each bearing drain line

g) Temperature gauges (with thermowells) in the reservoir, after the oil cooler and each bearing drain line

h) Low oil pressure alarm and shutdown switches

i) A pressure gauge (valved for removal) for each pressure level and a pressure differential indicator to measure filter pressure drop

j) Thermostatically controlled electric immersion heater with a sheath of austenitic stainless steel for heating the charge capacity of oil before start-up in cold weather. The heating device shall have sufficient capacity to heat the oil in the reservoir from the specified minimum site ambient temperature to the start-up temperature, as required by the manufacturer, within 12 hours. The watt density of heater shall not exceed 2.33 watts per sq. mm.

k) The oil pumps shall have steel casings unless they are enclosed in a reservoir. All other oil containing pressure components shall be steel.

A control panel shall be provided for operation & control of the lubrication system. The control panel shall include fuses, electrical contactors and thermal relays for the protection and operation of the motor driven pumps, push-buttons, auxiliary relays and timer relays for the automatic and manual starting up and shutting down of the oil pump.

Equipment and accessories provided shall conform to the hazardous area and the environmental conditions specified in the motor data Sheet.

Armoured cables suitable for high temperature duty shall be used for extemal electrical connections between the control panel and the lubrication system.



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6.4.10 Bearing Insulation-Shaft Voltage

Induced voltage at the shaft end of the motor at no load shall not exceed 250 mV r.m.s. for roller and ball bearings and 400 mV r.m.s. for sleeve bearings. The non driving end bearing shall be insulated from the motor frame to avoid circulating current.

The insulated bearing end shield or pedestal shall bear a prominent warning and manufacturer shall provide detailed drawings showing insulation arrangement.

6.5 Cooling System

All motors shall preferably be self-ventilated. Motors with higher outputs having manufacturer's standard designs using forced ventilation cooling or closed circuit cooling employing external coolants may also be considered.

6.5.1 Self Ventilated Motors

A11 motors shall be fan cooled. The fans shall be of corrosion resistant material and appropriately protected. For fertilizer plants, brass or bronze are not permitted materials. The material of fan for motors to be used in hazardous areas shall be anti-static and non-sparking type.

Motors for installation in dusty atmospheres or in the presence of sand, fuels or other suspended solid particles in the air shall be fitted with filters for the cooling air. The filters shall be easily accessible for inspection and removable for cleaning and re-use. The material of the filters and supports trays shall be rust proof or protected against oxidation or corrosion.

6.5.2 Motors with forced ventilation

Motors with forced ventilation shall be equipped with two motor driven fans each capable of supplying the full quantity of cooling air required by the motor at full load.

Where air cooler design permits provision of one fan only; the second fan shall be supplied loose. Cooler design shall allow easy replacement of fan in such case.

The ventilating system shall include the flanges for the air intake and the mating flanges for the discharge ducts. An airflow indicator as described in paragraph 7.3 (a) shall also be provided.

Motors and fans used for forced ventilation shall conform to the hazardous area classification and environmental conditions specified in the motor data sheet.

6.5.3 Motors with closed circuit cooling with water to air heat exchangers

The material of the heat exchangers shall be corrosion resistant (e.g. cupro-nickel alloy, muntz metal, admiralty brass) and suitable for the type of water used. The heat exchangers shall be designed for minimum water pressure of 5 kg / cm 2 and with head losses not greater than 0.5 kg / cm 2, unless otherwise agreed.

The heat exchangers shall be arranged by the side(s) of the motor, if possible. Screens shall be provided to protect the motor windings from water leaks or leakage in the tubes. Suitable drains shall be fitted for draining water in case of leakage. The cooling system


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shall include the trip and alarm devices mentioned in paragraph 7.3 (b). Heat exchangers for identical motors shall be interchangeable.

6.5.4 Motors with closed circuit cooling with air to air heat exchangers

The heat exchanger tubes shall be of steel or extruded aluminium. All exposed surfaces of the heat exchanger and of the motors shall be safeguarded against corrosion by immersion in varnish followed by baking.

Joints between the heat exchanger and the main body of the motor shall be sealed by weather-proof gaskets.

6.6 Rotor

The rotor shall be of squirrel cage type, dynamically balanced to provide a low vibration level and a long service Life to the bearings. The accepted values of vibrations for a motor at rated voltage and speed shall not exceed those given in the IS. The shaft ends shall be provided with suitably threaded hole or holes to facilitate the assembly or removal of couplings and bearing races.

6.7 Shaft extension

Motors shall be provided with a single, bare shaft extension with key way and key. Motor shaft shall be sized to withstand 10 times the rated design torque.

6.8 Lifting hooks

All motors shall be provided with lifting facility (i.e. hooks etc.) of adequate capacity.

For motors provided with heat exchangers, lifting facility shall also be provided for the heat exchanger.

6.9 Earth terminals

Two earth terminals shall be provided on the frame of each motor at diametrically opposite points. Minimum size of the stud shall be 12 mm. Necessary nuts and spring washers shall be provided for earth connection. These earth terminals shall be in addition to the earth terminals provided in the terminal box for earthing of the armour.

7.0 CONTROL, ALARM AND TRIP DEVICES

All electrical contacts for the devices described below (e.g. at sections 7.3 & 7.4) shall have a current carrying capacity not lower than 5 A and a minimum interrupting capacity of 1 A at 220 V DC or 5 A at 240 V AC.

The contacts shall be located in explosion proof or totally sealed housing according to the type of motor enclosure. The cable ends shall be brought together to the terminal box. Any external connections between the housing containing the relay contacts and the terminal box shall be carried out by insulated copper wires in steel conduits or by PVC insulated, armoured, copper conductor cables with cable entries through double compression type cable glands.


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7.1 Measurement of winding temperature

Motors with outputs greater than 750 KW or those provided with filters for cooling air irrespective of output shall be provided with platinum resistance temperature measuring devices of 100 ohms resistance at 0°C and a temperature co-efficient of 3.85 x 10 -3 located in suitable positions to measure the winding temperature. A minimum of three (one per phase) detectors shall be provided between the coil sides to measure the winding temperature and three (one per phase ), preferably at the base of the slots, to measure core temperature, each placed 120° apart. TETV motors may not be provided with core temperature detectors.

A separate terminal box shall be provided for the temperature detectors for hook up with a remote located control / monitoring unit.

7.2 Measurement of bearing temperature

Motors with sleeve type self-lubricated bearing shall be provided with :

a) Two mercury bulb type, indicating dial thermometers for checking of bearing temperatures.

b) For motors with output greater than 750 KW, a resistance type of temperature measuring device shall be provided for bearings with connections terminating in the common terminal box for winding temperature detectors.

7.3 Measurement of cooling medium for heat exchangers

Motors with forced ventilation and those with air water heat exchangers shall be provided with: a) An airflow circulation indicator with electrical trip contacts that operate if the

flow of cooling air is interrupted or is inadequate. b) A cooling water flow circulation indicator with electrical trip contacts, which

close if the flow of cooling water is interrupted or is inadequate. The indicator shall be located on the discharge piping of the heat exchanger.

7.4 Pressurization Control Panel

All pressurized motors (Type Ex p) shall be provided with a control panel for controlling the initial purging and pressurization of the motor. The pressurization control panel shall be mounted on the motor itself and shall be suitable for the hazardous area classification specified in the motor data sheet.

The panel shall be complete with but not limited to the following items : Timers

-

Push buttons for purging/pressurization

-

Solenoid valves/dampers Indicating lamps for purging ON, purging OVER etc. Pressure switches and flow switches with alarm and trip contacts.

8.0 MISCELLANEOUS ACCESSORIES

8.1 Current transformers

Unless otherwise specified, motors rated 1500 KW and above shall have differential protection and shall be equipped with current transformers suitably designed for installation in the neutral terminal box.


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Unless otherwise specified, the CTs shall be supplied along with the motor and mounted in the terminal box, which shall be suitable for housing the CTs and providing the necessary connections. CT terminals shall be brought out to a separate auxiliary terminal box.

These transformers shall have a secondary current of 1 A, and the characteristics of the CTs (Vk, RcT and Im) shall be finalized at detailed engineering stage in consultation with the purchaser. CT ratio shall be as indicated in the motor data sheet.

8.2 Anti condensation heaters

All motors shall be provided with 240 V anti-condensation heaters, sized and located so as to prevent condensation of moisture during shut down periods. The heaters shall remain 'ON' when the motor is not in service and shall not cause damage to the windings.

Motors with heaters installed in hazardous atmospheres (Zone-1 or Zone-2), shall conform to the provisions of applicable Indian standards and temperature classification specified in the motor data sheet.

The heater leads shall be brought out to a separate terminal box of the same specification and grade of protection as the main power terminal box.

A warning label with indelible red inscription shall be provided on the motor to indicate that the heater supply shall be isolated before carrying out any work on the motor.

8.3 Special tools and spanners

Motors with special features (e.g. motors with single bearing, explosion proof and increased safety motors) shall be provided with a set of spanners and special tools, required for dismantling and maintenance of the motor.

8.4 Motors shall be supplied complete with double compression Nickel plated brass (or Aluminum, if specifically required) cable glands, crimp type tinned Cu cable lugs for all power, space heater and auxiliary cables (for the specified cable sizes) and first filling of lube oil for forced lubricated bearings.

8.5 Auxiliary motors, if any, shall be as per relevant Indian / International standards and shall be suitable for the hazardous classification as specified in the motor data sheet.

8.6 Name plates

A stainless steel name plate manufactured from series 300 stainless steel and having information as per IS shall be provided on each motor. In addition to the motor rating plate, a separate number plate for motor tag number shall be fixed in a readily visible position. This number shall be as per the motor data sheets.

Additional information as stipulated in applicable Standards shall be included in the name plate for motors meant for use in hazardous atmospheres.


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9.0 NOISE LEVEL

The permissible noise level shall not exceed the stipulations laid down in IS.

10.0 MOTOR VIBRATION

Motor vibrations at bearing housing shall be within the limits of IS, unless otherwise specified for the driven equipment. Limits of shaft vibration for motors with sleeve bearings shall be as per IEC-60034-14. Two and four pole motors having sleeve bearings with forced oil lubrication shall be provided with proximity probes to measure the shaft vibration adjacent and relative to the bearings.

11.0 CRITICAL SPEEDS

The first actual critical speed of stiff rotors shall not be lower than 125% of the synchronous speed. For flexible rotors, this shall be between 60% and 80% of the synchronous speed. The second actual synchronous speed shall be above 125% of the synchronous speed.

12.0 PAINTING

All metal surfaces shall undergo manufacturer's standard cleaning /painting cycle. After preparation of the under surface, the equipment shall be painted with two coats of epoxy based final paint. Color shade of final paint shall be 632 of IS: 5/ RAL-7035. All unpainted steel parts shall be suitably treated to prevent rust formation. If these parts are moving elements, then these shall be greased.

13.0 INSPECTION AND TESTING

13.1 All tests shall be carried out at manufacturer's shop under his care and expense.

13.2 The manufacturer shall submit all internal test records of the tests carried out by him on the bought-out items, motor sub-assembly and complete motor assembly.

13.3 All the type, routine and other acceptance tests shall be witnessed by EIL Inspector/TPIA (appointed by OEM supplier.)

13.4 Tests certificates duly signed by the EIL Inspector/TPIA (appointed by OEM supplier.) shall be a part of final documentation. The following type tests (on one motor of each rating and frame size) shall be carried out as per applicable Indian Standards and shall form part of acceptance testing : a) Full load test and measurement of voltage, current, power & slip b) Measurement of starting torque, starting current, full load torque and pull out

torque c) Measurement of efficiency and p.f. at 100%, 75% and 50% load d) Temperature rise test e) Momentary overload test f) Tan delta test g) Measurement of noise level i) Over speed test i) Measurement of radial & axial clearance between fan & stationary parts &

measurement of radial air gap (if provision for measurement is not available in fully assembled motor stage records/calculations to be reviewed by Inspection)

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of 240


INDIA LIMITED FOR HIGH VOLTAGE INDUCTION 6-51-0031 Rev. 5 A Govt of Incha Undertakm91 MOTORS Page 17 of 18

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13.5 Routine tests shall be carried out on all motors. The manufacturer shall carry out routine tests as per applicable Indian Standards. Routine tests not limited to the following shall form part of acceptance testing: a) General visual checks/dimensional check, name plate details including punching

of statutory references. b) Verification of type of terminals ( for Ex e , Exd & Ex n motors ) c) Free rotation of shaft, direction of rotation d) Measurement of winding resistance e) Reduced voltage starting and running at no load. f) No load test and measurement of voltage, speed current, wattage

g) Locked rotor test at reduced voltage and measurement of voltage, speed, current, wattage

h) Insulation resistance test ( before & after high voltage test ) i) Polarisation index j) High voltage test k) Vibration measurement (under no load) I) Measurement of shaft vibrations in case of sleeve bearing motors m) Verification of mark of End play on shaft and measurement of end play, incase of

sleeve bearing motors. n) Bearing noise o) Shaft voltage p) Resistance measurement of space heaters, RTDs & BTDs q) Operation of control panel ( for Ex-p motors ) r) Tests on the Ex d enclosures as per IS

13.6 The manufacturer shall submit the following certificates for verification by the EIL/Owner's Inspector: a) Test certificate from recognised testing laboratory for area classification. b) BIS certificate for indigenous FLP motors and accessories as applicable. c) CCOE/PESO approved certificates for motors and accessories as applicable d) Fault level of terminal box e) Degree of protection of enclosure f) Impulse test certificate for coils g) Hydraulic test certificate for coolers

13.7 For VFD fed motors, all tests as specified in the VFD specification shall be followed in addition to the above.

13.8 In case any of the Type & Routine tests mentioned above can not be carried out due to manufacturer's test bed limitations etc., altematively calculations to establish the required parameters as per International codes eg IEC, JEC etc. may be accepted which shall be furnished to attending inspector. However, acceptance of calculations in place of actual test shall be with prior approval (agreement between motor manufacturer & purchaser).

13.9 Though the motors shall be accepted on the basis of the satisfactory result of the testing at the shop, it shall not absolve the Vendor from liability regarding the proper functioning of the motors coupled to the driven equipment at site.

14.0 CERTIFICATION

The motors and associated equipment shall have test certificates issued by recognised independent test house (CIMFR/ CPRI/ ERTL/ Baseefal LCIE/ UL/ FM or equivalent). All indigenous motors shall conform to Indian standards and shall be certified by Indian testing agencies. All motors (indigenous & imported) shall also have valid statutory


of 240

31 ENGINEERS SPECIFICATION STANDARD SPECIFICATION No.

Ogu 2f51-'dg INDIA LIMITED FOR HIGH VOLTAGE INDUCTION 6-51-0031 Rev. 5 (A Govt ol InOia Undedaking) MOTORS Page 18 of 18

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approvals (e.g. PESO, DGMS etc. as applicable for the specified location. All indigenous flameproof motors shall have valid BIS license and marking as required by statutory authorities.

15.0 PACKING AND DESPATCH

All the equipment shall be divided into several sections for protection and ease of handling during transportation. The equipment shall be properly packed for transportation by ship/rail or trailer. The equipment shall be wrapped in polythene sheets before being placed in crates/cases to prevent damage to finish. Crates/cases shall have skid bottom for handling. Special notations such as Tragile', `This side up', `Centre of gravity', `Weight', `Owner's particulars', `PO Nos.' etc. shall be clearly marked on the package together with other details as per purchaser order.

The equipment may be stored outdoors for long periods before installation. The packing shall be completely suitable for outdoor storage in areas with heavy rains/high ambient temperature, unless otherwise agreed.


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