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BHARAT PETROLEUM CORPORATION LIMITED

Kochi Refinery

AMBALAMUGAL, ERNAKULAM –682 302

(INDIA)

TENDER NO: 10/KRS/J22/150/10

TENDER DOCUMENT

FOR SUPPLY AND INSTALLATION OF ELECTRICS FOR CRUDE OIL PIPELINE PROJECT OF BPCL-KR AT SHORE TANK FARM (STF) PUTHUVYPEEN

PART 1

TECHNO-COMMERCIAL BID

CONSULTANTS:

FACT ENGINEERING AND DESIGN ORGANISATION

UDYOGAMANDAL –683 501 KERALA

CRUDE OIL PIPELINE PROJECT OF BPCL (Kochi Refinery BPCL-KR AT STF PUTHUVYPEEN Tender No: 10/KRS/J22/150/10 Dated : 22-01-2010

SUPPLY AND INSTALLATION OF ELECTRICS

INDEX

S.NO DESCRIPTION NO. OF PAGES

1. Issue Letter of Bidding Document 1

2. Notice Inviting Tender including Annexure -I 5

3. Check List for submission of bids 5

4. Instructions to Bidders 19

5. General Conditions of Contract 56

6. Special Conditions of Contract including Integrity Pact 32

7. Formats A, B, C, D, E, F, G, H, I & J 10

8. Specification for Bidder’s Quality Assurance System 11

9. Safety Practices including Annexures 1 & 2 34

10. Technical Specifications 224



ISSUE LETTER OF BIDDING DOCUMENT

NAME OF THE WORK : Supply and Installation of Electrics for Crude Oil Pipeline Project of BPCL-KR at Shore Tank Farm (STF), Puthuvypeen.

TENDER NO : 10/KRS/J22/150/10 One set of Bidding Document along with drawings comprising following Parts is issued to: Name & complete address of Bidder : 1. PART- I : Prequalification cum Techno-commercial Bid 2. PART- II : Price Bid The Bidding document is not transferable in any other name.

Deputy General Manager- Project (Services) For BPCL (Kochi Refinery),

Ambalamugal.



Annexure- I to NIT

ACKNOWLEGEMENT CUM CONSENT LETTER Fax No. : 91-484- 2503666 / 2721444 To The Dy. General Manager –Projects Services BPCL (Kochi Refinery), Post Bag No.2, Ambalamugal, Ernakulam, Kerala, INDIA - 682302.

Attn: Mr. Ramachandran P.S NAME OF THE WORK : Supply and Installation of Electrics for Crude oil Pipeline Project of

BPCL-KR at Shore Tank Farm (STF), Puthuvypeen TENDER NO. : 10/KRS/J22/150/10 Dear Sir , We acknowledge receipt of your Notice Inviting Tender, which was received on …….. and understand that the documents received remain the property of M/S. BPCL( KOCHI REFINERY), AMBALAMUGAL, INDIA. We indicate below our intentions with respect to the Notice Inviting Tender. (A) We intend to bid as requested and furnish the following details: QUOTING OFFICE : (i) POSTAL ADDRESS (ii) TELEPHONE NUMBER: (iii) TELEFAX NUMBER (iv) CONTACT PERSON



(B) We are unable to bid for the reasons given below and hereby return the Bidding Document. AGENCY'S NAME ; SIGNATURE : NAME : DESIGNATION : DATE :



NAME OF THE WORK : Supply and Installation of Electrics For Crude Oil Pipeline Project of BPCL-KR

at Shore Tank Farm (STF) Puthuvypeen

TENDER NO. : 10/KRS/J22/150/10

CHECKLIST FOR SUBMISSION OF BID Bidder is required to fill this checklist. Bidder shall ensure that all details/documents called for in the tender

document have been furnished.

Please Tick ( ) the box and ensure compliance : 1.0 (a) EMD of requisite amount is submitted in the form of DD / BG from any Nationalised / Scheduled Bank as

mentioned in the NIT/ ITB, in separate sealed envelope marked “ Earnest Money Deposit”.

Submitted in the EMD Value: Rs……………

Form DD / BG

(a)DD No. __________________ Dated ____________ Drawn on ____________ (b) BG No. __________________ Dated ____________ Valid up to ____________

If EMD is submitted in the form of BG, its validity is 6 (Six) months from the date of opening of the tender

as per Attachment 2 of GCC.

Yes

(b) In case of tender document down loaded from web site, DD towards tender fee as specified in NIT is enclosed.

Yes

DD No: ______________Dated:_______________________ Drawn On:___________

2.0 Validity of offer is 4 (Four) Months from the Bid due date or extended due date.

Yes



3.0 Successful Completion Certificate issued by client , copies of work orders and other documents for

similar works to meet the Pre qualification criteria. The Successful Completion Certificate shall be either

Original or Notary attested copy.

Submitted 4.0 Details of Past Experience as per proposal enclosed as Annexure to Part - I (FORM-J) i) Copy of work order for major Yes

Jobs submitted

ii) Copies of completion certificates for Yes

Major jobs submitted

5.0 Annual Turnover Details

Audited balance Sheets including Profit and Loss account Statement for the last 3 (Three) financial

years: (Annual report booklet or Notary attested copy required)

Submitted Submitted for the years: 1. 2007 – 2008:

2. 2008 – 2009:

3. 2009 – 2010:

6.0 Income Tax PAN details Notary attested Copy of PAN details

Submitted 7.0 Fresh Solvency Certificate (Original or Notary attested) from your Bankers (Date of issue of this

certificate should not be earlier than one year from the date of opening of Techno-commercial part)

Submitted Certificate dated: -----------------------------------------

Name of Bank : -----------------------------------------

8.0 Details of Present Commitments as per Proposal enclosed as Annexure to Part I (FORM-C)



Submitted

9.0 List of Equipment proposes to be deployed for the work as per proposal enclosed as Annexure to Part I

(FORM-D)

Submitted Ref. : ---------------------------------------------- 10.0 Proposed Site Organization as per proposal enclosed as Annexure to Part I (FORM -E)

Submitted Ref. : ---------------------------------------------- i) Qualification and Experience of Resident engineer / Site-in-charge and other key personnel have

been mentioned in the Site Organization chart.

Yes Ref. : -------------------------------------------

ii) Site Organization chart includes qualified and experienced Quality Control Engineer, Planning

Engineer and Safety Officer.

Yes Ref. : ---------------------------------------------- 11.0 Power of Attorney in favour of person who has signed the offer in stamp paper of Rs.100/- value.

(Original or notary attested copy required)

Submitted

12.0 Attested Copy of Partnership Deed in case of partnership firm, Article of Association in case of limited

company by a notary public is

Submitted



13.0 An Overall Schedule in the form of Bar Chart, clearly indicating all-important milestones of the construction

activities.

Submitted Ref. : ------------------------------------------------ 14.0 A Tentative Quality assurance Plan, in line with the Standard Quality Assurance Plan attached in

the tender document.

Submitted 15.0 Bid Compliance / Exception and Deviation Statement as per proposal enclosed as Annexure to Part I

(FORM- H).

Submitted without Deviation Submitted with Deviation

16.0 All the Documents are submitted in requisite number of copies as mentioned in the tender/bidding

document.

Yes No. of copies submitted : -------------------------- 17.0 Original Tender Document and drawings along with blank ( un-priced) copy of Price Bid/ Schedule

of Item of work and addendum, corrigendum if any

Submitted

The price filled sheets are attached with Price Bid - Part II & un-priced sheets are attached with Techno-

commercial bid - Part I.

Yes



18.0 Schedule of labour rates with rates duly filled in as per proposal enclosed as Annexure to Part I

(FORM-I)

Submitted

19.0 Confirm that you have not been banned or de-listed by any Government or Quasi Government

agencies or PSUs. Confirmed ( Not banned or de-listed )

If you have been banned or de-listed by any Government or Quasi Government agencies or PSUs, then this fact must be clearly stated. If this declaration is not furnished, your bid shall be treated non-responsive and liable for rejection.

20.0 All Pages of tender document are stamped and signed by the authorized signatory of the Tenderer.

Yes

21.0 Copy of Electrical Contractor’s License from Kerala State Electrical Licensing Board .

Yes

22.0 Integrity Pact, duly signed by the same signatory who is authorized to sign the bid documents

Yes

SIGNATURE OF BIDDER : __________________________________ NAME OF BIDDER : __________________________________



INSTRUCTIONS TO BIDDERS

(ITB)



INDEX

INSTRUCTION TO BIDDERS

1. GENERAL

2. PROJECT SYNOPSIS

3. COST OF BIDDING

4. SITE LOCATION

5. SITE VISIT

6. TENDER DOCUMENTS

7. OWNER’S CONSULTANT

8. AMENDMENT TO TENDER DOCUMENTS

9. LANGUAGE OF BIDS

10. SUBMISSION OF TENDER

11. BID PRICES

12. CURRENCIES OF BID

13. EARNEST MONEY DEPOSIT (EMD)

14. PERIOD OF VALIDITY OF BIDS

15. PRE-BID MEETING

16. FORMAT AND SIGNING OF BID

17. DEADLINE FOR SUBMISSION OF BIDS

18. CORRECTIONS AND ERASURES

19. LATE / INCOMPLETE BIDS

20. MODIFICATIONS AND WITHDRAWAL OF BIDS

21. TRANSFER OF BIDDING DOCUMENTS / BIDS

22. WRONG INFORMATION

23. BID OPENING BY OWNER



24. CLARIFICATION OF BIDS

25. TECHNO-COMMERCIAL EXAMINATION OF BIDS

26. BID EVALUATION CRITERIA

27. OPENING OF PRICE BIDS

28. PRELIMINARY EXAMINATION OF PRICE BIDS

29. CONTACTING OWNER / CONSULTANT

30. OWNER'S RIGHT TO ACCEPT / REJECT ANY OR ALL BIDS

31. SITE OFFICE / ACCOMMODATION

32. NOTIFICATION OF AWARD

33. CONTRACT AGREEMENT

34. SIGNING OF CONTRACT 35. CORRESPONDENCE



INSTRUCTIONS TO BIDDERS 1.0 GENERAL

The Instructions to Bidders have been detailed out in order to facilitate the Bidders to submit their Bids

considering various aspects spelt out in the subsequent paragraphs. Instructions are in addition to the

General Instructions to Tenderers given in SECTION - III of General Conditions of Contract (GCC) and

these instructions will take precedence over the instructions contained in SECTION - III of General

Conditions of Contract to the extent of any contradiction.

2.0 PROJECT SYNOPSIS 2.1 Bharat Petroleum Corporation Limited (Kochi Refinery) Ambalamugal, Kochi, INDIA (herein after referred to

as BPCL (KR), OWNER), had set up a crude oil storage facility at Puthu vypeen. It is proposed to lay a 30”

Cross country Crude Oil pipe line from Salim Rajan road near KSRTC/ Ernakulam to BPCL (Kochi Refinery)

at Ambalamugal. As a part of this, the pumping facility is to be augmented at the Shore Tank Farm (STF),

Puthuvypeen.

2.2 The scope of work envisaged in this tender consists of Modification work in existing 4pole structure, Supply

and installation of extension panels for existing ABB make11KV switch board & Extension Panel for

Auxiliary Switch Board. Testing and commissioning of 11KV motors, 3.3KV motor and Motor operated

actuators, Installation of FCMA type Soft starter panels for 11 KV Motors, Supply and installation of 11KV &

3.3 KV Capacitor Banks for Motor feeders, Supply and installation of Local control stations(push button

stations), Flame proof Isolators for MOVs, Flame proof Welding socket outlets ,Fire alarm Manual call

points etc. Supply and installation of 11KV/11 KV & 3.3KV/3.3 KV XLPE insulated Aluminium conductor and

650/1100 V, AYFY/AYWY Aluminium conductor PVC insulated & 650/1100 V YWY/YFY Copper conductor

PVC insulated FRLS cables. Supply and installation of GRP cables trays, Steel structural supports, Safety

items, Earthing and lightning protection, Lighting works including supply and installation of lighting fixtures,

Installation, Testing and Commissioning of Flow Switches, Pressure Transmitters, Pressure gauges,

Hydro carbon Detectors etc. Supply, Installation, testing and Commissioning of cables for Instrumentation.

Miscellaneous civil works, Supply and installation of miscellaneous items for Electrical and Instrument

works, Providing service personnel, Preparation of detailed drawings and documents as required, Vendor

drawing approvals for supply items, Preparation of "As Built " drawings, Site test reports and Obtaining

statutory approval for the Electrical Installation. Arranging power and water required for the construction

is also included in the scope of Contractor.

.



3.0 COST OF BIDDING

The BIDDER shall bear all costs associated with the collection of tender documents, preparation and

delivery of the bid, participating in discussions etc., including costs and expenses related to visits to the

site(s). BPCL (KR) / CONSULTANT will in no case be responsible or liable for such costs and expenses

regardless of the outcome of the bidding process.

4.0 SITE LOCATION

The site is inside the Shore Tank Farm (STF) at Puthuvypeen in Vypeen Island

5.0 SITE VISIT

The bidder shall visit and examine the work site and its surroundings and obtain for himself on his own

responsibility all information that may be necessary for preparing the bid and entering into the Contract.

Any consequences of non-acquaintance of site conditions / lack of obtaining clarifications on tender

conditions / information as required for quoting etc., shall be the total responsibility of the bidders only.

6.0 TENDER DOCUMENTS

6.1 One complete set of tender documents (consisting of 1 copy each of Part - I and Part -II) including drawings

will be issued to TENDERER.

6.2 The BIDDER is expected to examine the Tender documents, including all instructions, forms, terms,

specifications and drawings. Failure to furnish the information required by the tender document or

submission of a bid not substantially responsive to the Tender documents in every respect will result in the

rejection of the Bid.

6.3 TENDERERS are requested to acknowledge receipt of the enquiry documents immediately to the authority

inviting tenders indicating whether they would participate in the bid through Acknowledgement cum Consent

letter (Annexure 1 to NIT). TENDERERS who are downloading the tender documents from web site are

also requested to send an acknowledgement so that OWNER / CONSULTANT can endeavour to give

information to them about amendments/ addendums, if any, issued later. How ever such BIDDERS are

responsible for collecting and updating information from the website of BPCL.

7.0 OWNER’S CONSULTANT

FEDO is the Project Management Consultant of the OWNER involved in the bidding process and will be

performing various actions in and in relation to the bidding process and in the evaluation of bids and for

operations of the subject contract / work, after award of work for and on behalf of the Owner. FEDO/



CONSULTANT as referred to in these Instructions to Bidders or other part of the Tender documents,

however has no right or obligations vis-à-vis the Contractor and any operations involved in the bidding

process, including the evaluation of bids, will be conducted by the OWNER through the agency of FEDO.

8.0 AMENDMENT TO TENDER DOCUMENTS

8.1 At any time prior to the deadline for submission of bids as well as up to price bid opening, the OWNER /

CONSULTANT may, for any reason whether at its own initiative or in response to a clarification requested

by prospective bidders, modify the Tender document by amendment in the form of addendum.

8.2 The amendment shall be part of the Tender documents, and will be notified in writing or by fax to all

prospective bidders who have been issued the Tender documents, and shall be binding on them. The

bidders will be required to acknowledge receipt of any such amendment to the tender documents. In

case of Vendors who have downloaded the tender document from the official web site of BPCL, it shall

be the responsibility of the Bidder to look for any addendum/ corrigendum in BPCL web site and to take

in to consideration of the same while submitting the bid.

8.3 In order to afford prospective bidders reasonable time in which to take the amendment into account in

preparing their bids, OWNER / CONSULTANT, at its discretion, may extend the deadline for the

submission of bids.

8.4 Such amendment if it relates to deletion of any clause earlier included in the Tender document has only the

effect of deleting such clause from the Tender document. In such cases it would be understood that, the

Tender document is without such deleted clause abinitio and has no relation to any other clause in the

Tender document unless otherwise specified.

8.5 In case Addendum is issued during the bidding period, bidder shall consider its impact in his bid. In case

Addendum is issued subsequent to receipts of bids, bidder shall follow the instructions issued along with

Addendum with regard to submission of impact on quoted price / revised price, if any.

9.0 LANGUAGE OF BID

The Bid prepared by the bidder, all correspondence and documents relating to the bid exchanged by the

bidder and the OWNER / CONSULTANT, shall be written in the English language only. Any printed

literature furnished by the bidder may be written in another language provided that this literature is

accompanied by an authenticated English translation in which case for purpose of interpretation of the Bid,

the English translation shall govern.



10.0 SUBMISSION OF TENDER 10.1 The Bid should be prepared by the Bidder and shall be submitted in Two Parts viz. PART- I & PART- II in

two separate sealed envelopes: A) Part-I (UN-PRICED) shall be submitted in two sections as below: Section-1 – Pre-qualification Tender This section shall consist of the following documents without fail:

i). Details of work carried out by the Bidders to meet the pre-qualification criteria as specified in the Notice Inviting Tender. Bidder shall attach “Certificate of Completion”, issued by the Clients, Work Orders and other documents required to prove pre-qualification criteria specified in the NIT, for as many jobs as possible, without fail. The completion certificate must include the following details:

a) Order No. and value b) Scope of work (as required in Pre-qualification criteria) c) Period of completion, contractual date of commencement of work, contractual completion

date. d) Actual date of completion of work.

e) Final value of contract on completion.

ii). Audited profit & loss account and balance sheet of the Bidder for the preceding three years duly certified by a Charted Accountant in practice.

Original/Notary attested copies of the above documents (i & ii) shall be submitted along with

the tender. iii) Complete set of Tender Document as sold including Addendum, if any, duly filled in and signed by

the Bidder as prescribed in different clauses of the Tender Document. v) Power of Attorney or a copy thereof duly attested by a Notary, in case an authorized representative

of Bidder has signed the Tender. vi) Sales Tax Clearance Certificate obtained by Bidder, in original or attested true copies.

vii) Permanent Account Number (PAN) details of the Bidder. vii) Information regarding Bidder, details of concurrent commitments, details of construction plant and

equipment available with the Bidder, Organisation chart of the Bidder giving details of field management at the work site which the Bidder proposes to have for this work including bio-data of key personnel etc.

viii) Earnest Money Deposit required as per NIT either in the form of Crossed Demand Draft

payable at Kochi or Non-revocable Bank Guarantee in favour of Bharat Petroleum Corporation Limited in the proforma attached in separate cover marked “EARNEST MONEY DEPOSIT”



ix) DD towards tender fee for a value as specified in the Notice Inviting Tender in case of downloading the tender document from web site.

x) Latest and valid Solvency Certificate from a Nationalized/Scheduled Bank indicating amount to which the bidder is solvent to prove the financial capability to carry out the work tendered for. Issue date of the certificate should not be earlier than 1 year from deadline for submission of Bid.

xi) Detailed programme of work in PERT or BAR CHART form. xii) Copy of Electrical Contractors License from Kerala State Electrical Licensing Board

Section-2 – Technical & Commercial Tender

This section shall consist of the following:

i. Complete technical details and description of the work covered by the Tender as proposed to be undertaken by the Bidder.

ii. Schedule of deviations for Technical in the prescribed format in the original Tender Document

clearly listing out the exceptions and deviations, if any, with regard to the specifications of individual equipment/materials/items of work forming part of the total system with reference to the relevant document in the Tender Document quoting the Document No., Page No. and Clause No.

iii. All information/documents as called for in the tender document with regard to technical particulars

of individual equipment proposed to be supplied and erected by the Bidder. iv. Schedule of deviations for commercial in the prescribed format (attached) clearly listing out the

deviations desired by the Bidder to the General Conditions of Contract, Special Conditions of Contract, Addendum, if any, or any other document of Un-priced Bid in the Tender Document.

B) Part–II i) Part –II tender shall contain the Schedule of Prices (in the prescribed Format included in the tender document), duly filled in and signed by Bidder.

There shall not be any overwriting in Price Part of the Bid. 10.2 Part-I Tender (Section-1 and Section-2) shall be submitted in the Original + 2 copies along with drawings /

Addendum /Corrigendum if any duly filled, signed and stamped on all pages and complete in all respects. Original of the PART - I Tender document (Sections –1 & Sections-2) shall contain the “Tender Document” issued by BPCL (KR) and the EMD (DD or BG as the case may be). Sections 1 and 2 of Original Tender document shall be sent enclosed in separate, appropriately super scribed envelopes, which shall be enclosed in an outer envelope marked “PART- I UNPRICED BID- ORIGINAL” with Name of work, Tender No., due date and time of tender.



Each Copy of Part I Tender document shall be sent enclosed in separate, appropriately super scribed envelope, which shall be enclosed in an outer envelope marked “PART- I UNPRICED BID-COPY” with Name of work, Tender No., due date and time of tender.

10.3 Part - II Tender (Price part) shall be submitted in Original + 2 Copies in a single separate envelope

marked “PART- II PRICED BID”- NOT TO BE OPENED, with Name of work, Tender No., due date and time of tender. It is to be noted that the sealed envelope containing this part (Original + Two copies) shall contain only PRICES and no conditions (ie. Deviation / assumptions / clarifications / comments / any other request) whatsoever. Any condition given in this part shall not be taken into account and if insisted by the bidder shall render the tender liable for rejection. The above two envelopes containing Part-I & II of the bids separately complete in all respects shall be placed in a single large cover, sealed and superscribed with the Tender No., Title of work, Due date, Name of Bidder etc., and submitted to the Deputy General Manager –Projects (Services), Bharat Petroleum Corporation Limited (Kochi Refinery), so as to reach him before 14.00 hours on the closing date prescribed in the NIT.

10.4 Late quotations shall be rejected and will be returned unopened or lie at the sole discretion of BPCL (KR).

10.5 The bid requirements are explicitly stated in the Tender Document. Bidder is required to study these requirements in detail and make a proposal in an outline as defined above completely meeting these requirements. The offer must be complete in all respects leaving no scope for ambiguity.

10.6 Checklist for submission of offer attached with the tender document shall be duly filled in and signed on

each page and a copy of this checklist should be attached with Techno -Commercial Part for evaluation purpose.

10.7 Bidders are advised to submit quotation strictly based on the Special conditions of Contract, General Conditions of Contract and other schedules contained in this tender document and not stipulate any deviations. All attachments to this tender document as applicable will become part of any resulting contract. Any exception/ deviations the bidder may propose shall accompany the quotation. BPCL (KR) reserves the right to evaluate quotations containing deviations after taking into account impact of such variations in quoted price.

10.8 Tender submitted must be in the form issued with Tender documents. All documents such as Instructions to

Bidders, General Conditions of Contract, Special Conditions of Contract and related Schedules attached shall be signed and resubmitted along with a statement of any deviation that the Bidder may propose. But Bidder shall not submit any other documents by way of his standard conditions of Tender. Tenders submitted in a manner di f ferent f rom the above are l ikely to be rejected.

10.9 Timely delivery of tenders at BPCL (KR) shall be the responsibility of Bidders and BPCL (KR) shall not be

obliged to receive/accept for consideration such tenders which are received after the prescribed closing date and time.

10.10 No pages of the tender document issued by BPCL (KR)/FEDO shall be removed or altered and the whole

set of Tender Document as issued must be submitted duly filled in and signed by the Bidder. Failure to comply with this requirement may result in summary rejection of the tender. The Bidder shall sign on all pages of the Tender.



10.11 Completeness of Scope of Work: Tenders shall be for the complete scope of work as described in the Tender Document, without any exclusion. Only those tenders who meet this requirement will be considered for award of the contract.

10.12 The Bidder is responsible for properly estimating the difficulty and cost of the work. The Bidder may

request and obtain from all concerned sources/authorities the clarification of items that require additional definition prior to submitting the proposal. Questions on clarifications required from BPCL (KR)/FEDO shall be submitted in writing.

10.13 Amendments to the tender documents may be issued by BPCL (KR)/FEDO in writing, by E-mail or Fax,

prior to the date of submission of tenders for the purpose of clarification and/ or reflecting modifications in the requirements in the tender, which shall be complied with by the Bidder.

10.14 Prices shall be quoted both in figures and words. All prices shall be quoted in unit rate basis (In Indian

rupees only), except for lump-sum prices that are specifically sought. 10.15 BPCL (KR)/FEDO shall proceed with evaluation of the Pre-qualification tenders and /or Technical &

Commercial tenders based on documents as received with each tender and shall not be obliged to call for

any missing documents. Bidders are requested, in their own interest, to ensure that their tenders are

complete in all respects containing all requested documents and those who do not comply with this

requirement would be doing so at their risk. The Bid should be prepared by the Bidder and shall be

submitted in Two Parts viz. PART- I & PART- II in two separate sealed envelopes:

11.0 BID PRICES 11.1 Unless stated otherwise in the Tender documents, the Contract shall be for the whole works based on the

schedule of rates submitted by the Bidder.

11.2 All taxes, insurances, duties, customs duty, excise duty, VAT, countervailing duty (CVD) & special duty, if

any, chargeable on the materials to be procured and used by the Contractor under this contract shall be

included in quoted prices. No increase in taxes, duties – i.e. Sale Tax, Excise Duty shall be admissible.

Being an indivisible works contract the price quoted shall be inclusive of VAT/sales tax on works contract.

11.3 Prices quoted by the bidder, shall remain firm and fixed and valid until completion of the contract performance and will not be subject to variation on any account.

11.4 The price bid shall be submitted exactly as per the Schedule of Rates.

11.5 Sale Tax Registration certificate issued by the Sale Tax / Commercial Tax Officer of the State, where the

work is to be carried out, in favour of the tenderer shall be submitted to the Owner / Engineer-in-charge.

The certificate shall either state that the tenderer has paid or made satisfactory provision for payment of

existing liability or that he has no liabilities to pay Sale Tax. The above sale tax registration certificate shall

be produced by the contractor to Engineer-in-charge before starting the job.



12.0 CURRENCIES OF BID

Bidders shall quote prices only in Indian Rupees (INR).

13.0 EARNEST MONEY DEPOSIT (EMD)

13.1 PART- I of Bid document shall be accompanied by an Earnest Money Deposit for a value as specified in the

Notice Inviting Tender (NIT). The EMD shall be either by a crossed DD or irrevocable Bank Guarantee of

Nationalised / Scheduled Bank drawn in favour of Bharat Petroleum Corporation Limited (Kochi Refinery),

Ambalamugal, Kochi. The Bank Guarantee so furnished shall be in the pro-forma prescribed by OWNER and

shall be valid for a period of Six months from the date of opening of the tender. No interest shall be paid for the

EMD. Quotations not accompanied by EMD will be rejected.

However, Small Scale Units registered with National Small Scale Industries for similar works are exempted from

payment of EMD. Small Scale Units registered with National Small Scale Industries should enclose a photocopy

of their registration certificate with their bid to make their Bid eligible for consideration. The registration certificate

should remain valid during the period of the Contract that may be entered into with the successful Bidder. Such

bidders should ensure validity of the registration certificate for this purpose. Registration certificate should clearly

indicate the similar works failing which the bid shall not be considered eligible for exemption from furnishing the

EMD. In such an event, bidder must submit requisite EMD along with the bid.

13.2 EMD of unsuccessful bidders will be discharged or returned, as promptly as possible upon award of

contract to the successful bidder. The successful bidder’s EMD will be discharged or returned upon the

bidder executing the Contract, and furnishing Bank Guarantee towards Security Deposit (SD).

13.3 The EMD may be forfeited

(a) If a bidder withdraws his bid during the period of bid validity specified in the ITB.

(b) In case of successful bidder, if the bidder fails, within the specified period:

(I) to sign the Contract or

(II) to furnish the Security Deposit. 13.4 All other terms and conditions of EMD shall be as given in Section - III, Clause 6 of General Conditions of

Contract.

14.0 PERIOD OF VALIDITY OF BIDS



14.1 Tenders shall be valid for the acceptance of BPCL (KR) for a minimum period of Four Months from the Bid

due date or extended Bid due date, during which period TENDERER shall not revoke or cancel his tender

or vary the prices or any terms and conditions of his tender already submitted. BPCL (KR)/ CONSULTANT

may reject a bid valid for a shorter period as non-responsive.

14.2 Not withstanding the above, the BPCL (KR)/ CONSULTANT may solicit the bidder’s consent to an

extension of the period of validity. The request and responses thereto shall be made in writing (by fax). If

the bidder agrees to the extension request, the Validity of Bank Guarantee towards EMD shall also be

suitably extended. A bidder granting the request shall not be permitted to modify its bid.

15.0 PRE- BID MEETING 15.1 The Bidder or his authorized representative(s) (limited to 2 persons only) shall be advised to attend a pre-

bid meeting/conference if required during site visit on the time & date as specified in the Notice Inviting

Tender that will be convened in the STF site Office at Puthuvypeen.

The purpose of the meeting is to clarify issues and to answer questions on any matter that may be raised

at that stage.

15.2 A Bidder requiring any clarification of the Bidding Documents may notify the Owner in writing or by Fax at

the address mentioned in Notice Inviting Tender. The Bidder is requested to submit questions (if any), in

writing or by Fax to reach the Owner not later than one week before the meeting.

15.3 Record notes of discussions including copies of the question raised and response given will be furnished to

all the agencies. These record notes shall be only clarificatory in nature and shall not modify the Bidding

Document. Any modification to the Bidding Document, which may become necessary as a result of pre-bid

conference, shall be made available to the Bidders through the issuance of an Addendum (and not through

the minutes of the pre-bid conference) which will be published in the website of BPCL.

16.0 FORMAT AND SIGNING OF BID 16.1 The original Bid form together with the Appendix and accompanying documents, clearly marked “Original”

must be received by BPCL (KR) by the date, time and place specified.

16.2 The original bid shall be typed or written in indelible ink and shall be signed by the bidder or a person or

persons duly authorised to sign on behalf of the bidder. Such authorisation shall be indicated by written

power of attorney accompanying the bid. The bid shall be initialled by the person or persons signing the bid



on all pages at lower right hand corner. The name and position held by each person signing must be typed

or printed below the Signature with date.

17.0 DEADLINE FOR SUBMISSION OF BIDS

The Original Bid, together with required copies must be submitted at the time and place specified in the

Notice / Letter Inviting Tender. The Owner may at his discretion, extend the deadline for submission of

bids by so notifying the Bidder in writing and the same shall be updated in the website of BPCL.

18.0 CORRECTIONS AND ERASURES

All corrections and alterations in the entries of tender papers shall be signed in full by the TENDERER with

date. No erasures or over writing are permissible.

Prices shall be given in figures and in words. Incase of discrepancy between the values entered in words

and figures, 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 TENDERER for the item based on the notional

quantity specified, shall be taken as correct.

ii. When the rate quoted by the TENDERER in figures and in words tallies, but the amount is

incorrect, the rate quoted by the TENDERER 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 missing, 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 award of works.

In case of price bids containing overwriting/ cuttings/ erasures in the quoted rates and these are not

attested by the signatory of the bid, such price bids are liable to be rejected without giving any further

notice.

19.0 LATE / INCOMPLETE BIDS Any bid received by the Owner after the deadline for submission of bids (due to any reason whatsoever)

will not be considered for opening. Also incomplete bids may not be considered for evaluation.



20.0 MODIFICATION AND WITHDRAWAL OF BIDS 20.1 The bidder may modify or withdraw its bid after bid’s submission, provided that written notice of the

modification or withdrawal is received by BPCL (KR)/ FEDO prior to the deadline prescribed for

submission of bids.

20.2 The bidder’s modification or withdrawal notice shall be prepared, sealed, marked and dispatched in

accordance with the provisions of procedures for submission of bids. A withdrawal notice may also be

sent by fax but must be followed by a signed confirmed copy.

20.3 No bid may be withdrawn in the interval between the deadline for submission of bids and expiration of

the period of bid validity specified in the tender.

21.0 TRANSFER OF BIDDING DOCUMENTS / BIDS

Bidder shall submit bid in his own name only. A bidder, who submit or participate in more than one

bid, will be disqualified.

Transfer of Bidding Documents "Purchased by / issued to" one Bidder to another Bidder is not

permissible. Similarly, transfer of Bid submitted by one Bidder to another is not permissible.

22.0 WRONG INFORMATION

If the Bidder deliberately gives wrong information in his Bid to create circumstances for the acceptance of

his Bid, Owner reserves the right to reject such Bids without any reference to the Bidder.

Contractor shall confirm that he/she has not been banned or de-listed by any Government or Quasi

Government agencies or PSUs. If the contractor has been banned or de-listed by any Government or

Quasi Government agencies or PSUs, then this fact must be clearly stated. If this declaration is not

furnished, bid shall be treated non-responsive and liable for rejection.

23.0 BID OPENING BY OWNER

23.1 BPCL (KR) will open Part-I (un-priced) Bids on the date & time specified in NIT or the extended due date

in the presence of Bidder’s representative(s) duly authorized by a person competent and having the

Power of Attorney to bind the Bidder. The Bidder’s representative who choose to attend and are present

shall sign a register evidencing their attendance.



23.2 The Bidder’s names, modifications and bid withdrawals, and the presence or absence of the EMD and

such other details as the CONSULTANT at its discretion, may consider appropriate, will be announced

and recorded at the opening.

24.0 CLARIFICATIONS ON BIDS 24.1 If Tenderer is in doubt as to the true meaning of any part of the tender document he shall notify BPCL

(KR) immediately from the date of issue of the tender document in the form of a detailed questionnaire

clearly listing out the document, page and clause required. BPCL (KR) shall endeavour to furnish replies

there to as early as possible. No claim shall be entertained subsequently on the grounds of insufficient

knowledge at the time of submission of tender.

24.2 To assist in examination, evaluation and comparison of bids, the OWNER / CONSULTANT may, at its

discretion, ask the bidder for clarification of its bids. All responses to request for clarification shall be in

writing, and no change in the price or substance of the bid shall be permitted to the bidder after opening

of the techno- commercial bid (Part-I) unless specifically sought by OWNER / CONSULTANT.

25.0 TECHNO-COMMERCIAL EXAMINATION OF BIDS

25.1 The OWNER / CONSULTANT will examine the bids to determine whether they are complete, whether

required EMD and tender document fee in case of downloading from web site, have been furnished,

whether the documents have been properly signed, and whether the bids are generally in order.

25.2 The bids without the requisite EMD and/or not in the prescribed pro-forma will not be considered and

bids of such bidders shall be rejected.

25.3 The OWNER / CONSULTANT will determine to its satisfaction whether the bidder selected as having

submitted responsive bid is qualified to perform satisfactorily the Contract.

25.4 The determination will take into consideration the bidder’s financial and technical capabilities, as well as

such other qualifications as the OWNER/ CONSULTANT deems necessary and appropriate.

26.0 BID EVALUATION CRITERIA

26.1 Prior to detailed bid evaluation, the OWNER / CONSULTANT will determine whether each bid is

responsive to the requirements of the Tender Document. A responsive bid is one, which conforms to all



the terms, conditions and specifications of Tender Document, without material deviation or reservation. A

material deviation or reservation is one (a) which affects in any substantial way the scope, quality or

performance of works; (b) which limits in any substantial way, the Owner’s rights or the bidder’s

obligations under the contract, or (c) whose rectification would affect unfairly the competitive position of

other bidders presenting responsive bids. Further examination of only such bids shall be taken up and

techno-commercial clarifications, if considered necessary, shall be sought from such bidders to

determine techno-commercial acceptability of bids.

26.2 The provisions of the following clauses of Tender Document must be adhered to, failing which the bids

shall be considered non-responsive and shall be rejected.

i) Earnest Money Deposit (EMD)

ii) Bid Validity

iii) Time Schedule

iv) Security Deposit

v) Suspension of work

vi) Schedule of Rates

vii) Defect Liability Period

viii) Termination

ix) Compensation for delay

x) Scope of work / supply

xi) Arbitration.

26.3 Bids confirming to technical specifications / requirements as mentioned in the Tender Document shall

only be considered for further evaluation.

26.4 Complete Scope of work / supplies:

The complete scope of work / supplies has been defined in the Tender Document. Only those bidders

who takes complete responsibility for the work and who bid for complete scope of work as contained in

the Tender Document shall be considered for further evaluation.

26.5 Exceptions & Deviations shall be written only in the Pro-forma given in the tender Document



26.6 Substantially responsive tenders will be short-listed by OWNER / CONSULTANT for opening of the price

part of their bids. Date, time and venue for opening of price bids will be informed to all short listed

bidders subsequently.

27.0 OPENING OF PRICE BIDS

The price bids (PART- II) of the technically and commercially acceptable Bidders will be opened in the

presence of Bidder’s representatives, who choose to attend, on the date and time to be intimated later.

The bidder’s name, bid price, discount if any, and such other details as the Owner/ Consultant at its

discretion may consider appropriate, will be announced at the opening of the price bids.

28.0 PRELIMINARY EXAMINATION OF PRICE BIDS.

The OWNER / CONSULTANT will examine the bids to determine whether they are complete, whether

any computational errors has been made, whether the documents has been properly signed, and

whether Bids are generally in order.

29.0 CONTACTING OWNER / CONSULTANT

No bidder shall contact the OWNER / CONSULTANT on any matter relating to its bid from the time of bid

opening to the time, the contract is awarded, unless requested to in writing. Any effort by bidder to

influence the OWNER / CONSULTANT in the Owner’s decisions in respect of bid evaluation or Contract

award will result in the rejection of that bidder’s bid.

30.0 OWNER’S RIGHT TO ACCEPT / REJECT BIDS

The OWNER reserves the right to accept or reject any bid and to annul the Tender process and reject all

bids at any time prior to award of Contract without thereby incurring any liability to the affected bidder or

bidders or any obligation to inform the affected bidder or bidders of the grounds for the Owner’s action.

31.0 SITE OFFICE / ACCOMMODATION

The Contractor shall make his own arrangements for constructing site office, storage yard/ fabrication yard

and for providing facilities for residential accommodation for his staff and workmen. It will not be possible

for BPCL (KR) to provide any space for setting up these facilities.

32.0 NOTIFICATION OF AWARD



The Owner will notify the successful bidder in writing by letter and/ or by Fax that their bid has been

accepted. The Notification for Award will continue the formation of a Contract until the Contract

Agreement has been signed.

33.0 CONTRACT AGREEMENT 33.1 Contract documents for agreement shall be prepared after the award of job. Until the final contract

documents are prepared and executed, Tender document together with the annexed documents,

modifications, deletions agreed upon by the OWNER and bidders acceptance thereof shall continue a

binding contract between the successful bidder and the OWNER based on terms contained in the

aforesaid documents and the finally submitted and accepted prices.

33.2 The Contract document shall consist of the following:

a. Original Tender documents issued with its enclosures, drawings etc.

b. Addendum / Corrigendum to Tender documents issued, if any.

c. The notification of acceptance of bid.

d. The detailed Work Order including Statement of agreed variations, if any.

e. Schedule Of Rates

f. Schedule of Labour Rates

g. Deployment Schedule of Construction Equipment

h. Deployment Schedule of Engineers & Supervisory Personnel

i. Organisation Chart

j. Any other document as deemed necessary

33.3 A Statement of Agreed Variations shall be prepared based on the finally agreed deviations if any, by the

bidder and all correspondences made as a part of the offer prior to issue of notification of acceptance of

bid shall be treated as null and void. Any deviations or stipulations made and accepted by the OWNER

after acceptance of the bid shall be treated as amendments to the contract agreement as above.

34.0 SIGNING OF CONTRACT The contractor shall execute an agreement with OWNER as per the Pro-forma given in the GCC within

10 days of the receipt of notification of acceptance of tender on a non-judicial stamp paper of Kerala

State and of appropriate value. The cost of stamp paper shall be borne by the contractor.



35.0 C O R R E S P O N D E N C E

All correspondence with respect to this tender inquiry must be made to:

1. Bharat Petroleum Corporation Ltd. (Kochi Refinery) Post Bag No.2, Ambalamugal – 682 302 Kochi, Kerala State, India.

Ph No: 91-484-2722061-69 / 2822035

Fax No: 91-484-2720961,2721094 E-Mail: Veerubhotla Chandra [email protected] Attn. Deputy General Manager – Project (Services)

2. FACT Engineering & Design Organisation, Udyogamandal, Kochi, Kerala, India- 683501 PH No: 91-484-2545451 to 58, Extn: 7768 FAX No: 91-484-2545215

E-Mail: [email protected]

Attn: Mr. Antony John, Deputy Chief Manager (Projects)



GENERAL CONDITIONS OF CONTRACT


BHARAT PETROLEUM CORPORATION LIMITED Kochi Refinery

AMBALAMUGAL. ERNAKULAM – 682302. INDIA

Issued by : Projects Department

CONTENTS

SECTION DETAILS PAGE NO. I DEFINITION OF TERMS 2 II GENERAL INFORMATION ABOUT SITE 3 III GENERAL INSTRUCTION FOR THE TENDERER 4 IV INTERPRETATION OF CONTRACT DOCUMENTS 7 V PERFORMANCE OF WORK 14 VI BILLS / MEASUREMENT / PAYMENT 22 VII TAXES AND DUTIES 26 VIII LABOUR LAWS AND OTHER REGULATIONS 27 IX SAFETY/ SECURITY REGULATION OF REFINERY 30 X VARIOUS PROFORMA 37

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SECTION - I

DEFINITION OF TERMS

In the contract documents as herein defined where the context so admits, the following words and expressions will have following meanings :

1) “The Owner” means the Bharat Petroleum Corporation Limited, incorporated in India having its registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai - 400 038 or their successors or assigns

2) “The Contractor” means the person or the persons, firm or Company whose tender has been accepted by the Owner and includes the Contractor’s legal representative, his successor and permitted assigns.

3) The “Managing Director” shall mean the Chairman and Managing Director of the Bharat Petroleum Corporation Limited or his successor in office designated by the Owner.

4) The project manager (O) shall mean the Project Manager of Bharat Petroleum Corporation Limited, or his successor in office or his authorised Project Nominee.

5) The “Engineer-in-Charge” shall mean the person designated as such by the Owner and shall Include those who are expressly authorised by the Owner to act for and on his behalf for operation of this contract.

6) The “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.

7) The “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.

8) The “Construction Equipment” means all appliances, Tools/Tackles and equipment of whatsoever nature for the use in or for the execution, completion, operation or maintenance of the work unless intended to form part of the Permanent work.

9) The “Site” means the areas on which the permanent works are to be executed or carried out and any other places provided by the Owner for purpose of the contract.

10) The “Contract Document” means collectively the Tender Document. Designs. Drawings or Specifications, agreed variations, if any, and such other document constituting the tender and acceptance thereof.

11) The “Consultant” means the consulting engineers Nominated/appointed by the Owner for this Project / job.

12) The “Project Manager (C)” shall mean person in charge of this project designated by Consultant or his authorised nominees.

13) The “Sub-Contractor” 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 written consent of the Engineer-in-Charge, and the legal personal representatives, successors and permitted assigns of such person, firm or company.

14) The “Contract” shall mean the Agreement between the Owner and the Contractor for the execution of the works including therein all contract documents.

15) The “Specification” shall mean the various technical specifications attached and referred to in the tender documents. It shall also include the latest editions, including all addenda/corrigenda, of relevant Indian Standard Specification, specifications of the other country published before entering into Contract.

16) The “Drawings” shall include maps, plans and tracings or prints thereof with any modifications approved in writing by the Engineer-in-Charge and such other drawings as may, from time to time, furnished or approved in writing by the Engineer-in-Charge.

17) The “Tender” means the tender submitted by the Contractor for acceptance by the Owner.

18) The “Alteration Order” means an order given in writing by the Engineer-in-Charge to effect additions to or deletion from and alterations in the works.

19) The “Completion Certificate” shall mean the certificate to be issued by the Engineer-in-Charge when the works have been completed to his satisfaction.

20) The “Final Certificate” in relation to a work means the certificate issued by the Engineer-in-Charge after the period of liability is over.

21) The “Period of Liability” in relation to a work means the specified period from the date of issue of completion certificate upto the date of issue of final certificate during which the Contractor stands responsible for rectifying all defects that may appear in the works.

22) The “Appointing Authority” for the purpose of arbitration shall be the Chairman and Managing Director or Director (R) or any other person so designated by the Owner.

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SECTION - II

GENERAL INFORMATION ABOUT SITE

2.1 LOCATION OF SITE & ACCESSIBILITY : 2.1.1 The site is within the premises of existing Refinery (at Ambalamugal, Ernakulam Dist. Kerala State). It is

served by all weather roads. The intending tenderer should inspect the site and make himself familiar with site conditions and available facilities.

2.1.2 A private railway siding exists upto the refinery site, and will be available to transport materials subject to the exigencies of work and availability of siding. However, prior permission will have to be obtained in writing from the Engineer-in-Charge before availing of this facility. Siding charges if any, will have to be borne by the contractor.

2.1.3 Service roads are laid within the Refinery limits. These will be available to the contractor subject to any limitations imposed by the Owner

2.1.4 Entry into the Refinery area is restricted. Only pass holders as also vehicles with special permits only are permitted within the boundary of the Refinery. Inside the premises access to various work spots is also further regulated by permits issued for each area. Based on owners discretion a separate entry gate may be provided for the contractor. However, this gate will be under the control of Owner’s security staff.

2.1.5 Non-availability of access roads or permits for entry of vehicles/equipment to any specific area shall in no case be the cause to condone any delay in execution of works or be the cause for any claims or extra compensations.

2.2 SCOPE OF WORK : The scope of work is defined in the Special Conditions of Contract and specifications. The Contractor shall provide all

necessary materials, equipments / Tools and Tackets / Supervision / labour etc. for the execution and maintenance of the work till completion unless otherwise mentioned in these tender documents. All materials that go with the work shall be approved by Engineer-in-Charge prior to procurement and use.

2.3 WATER SUPPLY : The owner at their discretion may allow the contractor to draw the water 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 the prior approval of the Engineer-in-Charge, so as not to interfere with the layout and progress of the other construction work.

However, owner does not guarantee the supply of water and this does not relieve the contractor of his responsibility in making his own arrangement and for the timely completion of the various works as stipulated.

2.4 POWER SUPPLY: No power shall be made available by the owner other than for lighting purpose. The contractor shall make his own

arrangement of DG sets for all welding jobs. 2.5 LAND FOR CONTRACTOR’S FIELD, GODOWN AND WORKSHOP: The owner will, at his discretion and convenience and for the duration of the execution of the work, make available,

land for construction of contractors field office, godowns, workshop and fabrication yard required for the execution of the contract. The contractor shall at his own cost construct all these temporary buildings and provide suitable water supply and sanitary arrangement approved by the Engineer-in-Charge.

The owner, at his discretion may allot the existing shed (if available) for the purpose of storing materials / equipments and executing the work as per the contract. However after completion of the job the shed allotted shall be vacated and hand over the same to the representative of the owner in clean condition.

On completion of the works undertaken by the 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 expenses 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.

2.6 SAFETY STANDARDS FOR TEMPORARY BUILDINGS

All temporary buildings, sheds, workshops, field stations etc. shall be constructed in conformation with the safety and security regulations of the refinery as regards location and type of structure. Roofing and cladding with glass or thatch will not be permitted within the refinery premises.

3

SECTION - III

GENERAL INSTRUCTION FOR THE TENDERER

3. SUBMISSION OF TENDER :

3.1 Tenders must be submitted in original and without making any additions, alterations and as per details given in other clauses here under. The requisite details shall be filled in by the Contractor in Tender Document. The rates shall be filled in the Schedule given in the tender document. Reservations, if any, regarding the tender conditions and schedule of rates should be clearly brought out in a separate letter.

3.2 Addenda/Corrigenda to this tender document if issued, must be signed and submitted along with the tender document. The tenderer should write clearly the revised quantities in Schedule of Rates of the Tender Document and should price the work based on revised quantities when amendments for quantities are issued in addenda.

3.3 Covering letter along with its enclosures accompanying the tender document and all further correspondence shall be submitted in duplicate.

3.4 Tenders should always be placed in double sealed covers, superscribing Tender No ............................................. Tender for ............................................................. (name of job) Kochi Refinery, Bharat Petroleum Corporation Limited, due for opening on ....................................

The full name, postal address and telegraphic address of the tenderer shall be written on the bottom left hand corner of the sealed cover.

3.5 Instructions for two part bidding

i) The bid should be submitted in two parts viz.

a. Techno-commercial bid.

b. Price bid.

ii) Techno-commercial bid shall have the following information/details

a. Technical deviation if any.

b. Commercial deviation if any like extra taxes, duties etc.

c. Copy of price bid with prices blanked off.

d. Any other relevant information.

iii) Price Bid shall have only prices as per schedule of Rates.

iv) Techno-commercial bid and price bid shall be enclosed in two separate envelopes with the subject job, type of bid, bidders name superscribed on top. Both these envelopes shall be sealed in a common envelope and submitted as specified above and in covering letter.

4. DOCUMENTS :

4.1 The tenders, as submitted will consist of the following :

i) Complete set of tender documents duly filled in and signed and stamped by the tenderer as prescribed in different clauses of the tender documents.

ii) Earnest money in the manner specified in clause 6 hereof.

iii) Power of Attorney or a true copy thereof, duly attested by Gazetted Officer or in case an authorised representative has signed the tender, as required by clause 4.5 hereof.

iv) Income Tax clearance and sales tax clearance certificates in original or true copies duly attested by Government Gazetted Officer.

v) Information regarding tenderers in the proforma enclosed under the head “information about Tenderer.”

vi) Details of work of similar type and magnitude carried out by Tenderers in the proforma provided in tender document.

vii) Organisation chart giving details of field management at site the tenderer proposes to have for this job. viii) Details of construction plant and equipments available with the tenderers for use in this work in the proforma

provided under the head “information regarding Equipments which the tenderer proposes to use for this work”.

ix) Solvency Certificate from Schedule Bank to prove the financial ability to carry out the work tendered for.

x) Activity Bar Chart for all activities covered in this job. With proposed resource mobilisation so as to complete the job within the stipulated contract period.

xi) Quality Assurance Plan : With detailed bio-data of the concerned “Quality Assurance Supervisor”.

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xii) Manpower estimated for job, deployment chart with bio-data / experience / qualification of all the supervisory staff.

xiii) Safety Assurance Plan: With detailed bio-data / experience of the concerned “Safety Supervisor”.

xiv) Your specific confirmation to adhere to all the safety regulations and requirements of Personal Protective Equipment’s viz., shoes, helmet etc., in-line with BPCL fire / work permit systems.

4.2 All pages to be initialed :

All signatures in tender documents shall be dated, as well as all the pages of all sections of tender documents shall be initialed at the lower right hand corner and signed wherever required in the tender papers by the tenderer or by a person holding power of attorney authorising him to sign on behalf of the tenderer before submission of tender.

4.3 Rates to be in Figures and Words :

The tenderer should quote in English, both, in figures as well as in words, the rates and amounts tendered by him in the schedule of rates for each item and in such a way that insertion is not possible. The amount for each item should be worked out and entered and requisite total given of all items, both in figures and words. The tendered amount for the work shall be entered in the tender and duly signed by the tenderer.

4.4 Corrections and Erasures :

All corrections and alteration in the entries of tender papers will be signed in full by the tenderer with date. No erasures or over-writings are permissible.

4.5 Signature of Tenderer :

4.5.1 The tender shall contain the name, residence and place of business of person or persons making the tender and shall be signed by the tenderer 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 by duly authorised representative followed by the name and designation of the person signing with company stamp.

Tender by Company or Corporation registered under the relevant companies act, shall be signed by the authorised Representative and a power of attorney in that behalf shall accompany the tender.

4.5.2 When a tenderer signs a tender in a language other than English, the total amount tendered should in addition be written in the same language. The signature should be attested by atleast one witness.

4.6 Witness and sureties shall be persons of status and property and their names, occupation and address shall be stated below their signature.

4.7 Details of Experience :

The tenderer should enclose documents to show that he has previous experience in having successfully completed the recent past works of this nature, together with the names of owners, location of sites and values of contract.

5 TRANSFER OF TENDER DOCUMENTS :

Transfer of tender documents issued to one intending tenderer to another is not permissible.

6 EARNEST MONEY :

The tenderer must submit/ deposit earnest money as given in the notice inviting tender, failing which the tender is liable to be rejected. The earnest money can be deposited in the form of Demand Drafts or Bank Guarantee of any Schedule ‘A’ Bank in favour of Bharat Petroleum Corporation Limited, Kochi Refinery payable at Kochi.

NOTE: The Bank Guarantee so furnished by the tenderer shall be in the proforma prescribed by the owner. No interest shall be paid by the Owner on the earnest money deposit by the tenderer. The earnest money of the unsuccessful tenderer will be refunded within a reasonable period of time.

The earnest money deposited by successful tenderer will be retained towards the security deposit for the fulfillment of the contract but shall be forfeited, if he fails to deposit the requisite initial security deposit as per clause 10 hereof and/ or fails to start work within a period of 15 days or fails to execute the agreement within 10 days of the receipt by him of the notification of the acceptance of tender.

7. VALIDITY:

Tender submitted by tenderers shall remain valid for acceptance for a period of four months from the date of opening of the tender. The tenderers shall not be entitled during the said period of four months, without the consent in writing of the Owner, to revoke, or cancel his tender or vary the tender given or any term thereof. In case of tenderer revoking or canceling his tender, varying any terms in regard thereof without the consent of Owner in writing the tenderer shall forfeit earnest money deposited by him along with the tender.

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8. ADDENDA / CORRIGENDA :

8.1 Addenda/ Corrigenda to the tender documents may be issued prior to the date of opening of the tenders to clarify documents or to effect modification in the design or tender terms.

8.2 Each addenda/ Corrigenda will be issued (in duplicate) to whom a set of tender document has been Issued. Each recipient will retain one copy of each addenda/corrigenda for submission along with his tender and return one signed copy to the issuing authority as acknowledgment of receipt of the same. All addenda/corrigenda issued shall become part of Tender Document.

9. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER :

9.1 The right to accept the tender will rest with the Owner. The Owner, however, does not bind itself to accept the lowest tender, and reserves to itself the authority to reject any or all the tenders received without assigning any reason whatsoever.

9.2 The whole work may be split up between two or more contractors or accepted in part an not entirely if considered expedient.

9.3 Tenders in which any of the particulars and prescribed informations are missing or are incomplete in any respect and/or the prescribed conditions are not fulfilled are liable to b rejected.

9.4 Canvassing in connection with tenders is strictly prohibited and tenders submitted by the Tenderers who resort to canvassing will be liable to rejection.

9.5 Tender containing uncalled for remarks or any additional conditions are liable to be rejected

10. SECURITY DEPOSIT :

The person/ persons whose tender may be accepted (hereafter called the contractor) shall within 10 days of the receipt by him of the notification of the acceptance of the tender, remit the security deposit to the Bharat Petroleum Corporation Limited in the manner stipulated in clause 19 of the General Conditions of contract.

11. TIME SCHEDULE :

The time period allowed for carrying out the job shall be as shown in tender document. This shall be signed and confirmed along with the tender. Request for revision for time schedule after tenders are opened will not be received for consideration.

12. COLLECTION OF DATA TENDERER’S RESPONSIBILITY:

The tenderer shall visit the site and 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.

13. RETIRED GOVERNMENT OR COMPANY OFFICER:

No Engineer of Gazetted rank or other Gazetted Officer, employed in Engineering or Administrative duties in an Engineering Department of the States/Central Government or of the Owner is allowed to work as a Contractor for a period of two years after his retirement from Government service or from the employment of the Owner without the previous permission of the Owner. The contract, if awarded, is liable to be cancelled if either the contractor or any of his employees is found at any time to be such a person, who had not obtained the permission of the State/ Central Govt, or of the Owner as aforesaid before submission of tender, or engagement in the Contractor’s service as the case may be.

14. SIGNING OF THE CONTRACT:

The successful tenderer shall be required to execute an agreement in the proforma attached with tender document within 10 days of the receipt by him of the notification of acceptance of tender. In the event of failure on the part of the successful tenderer to sign the agreement within the above stipulated period, the earnest money or his initial deposit will be forfeited and the acceptance of the tender shall be considered as cancelled.

15. FIELD MANAGEMENT :

15.1 The field management will be the responsibility of the Engineer-in-Charge, who will be nominated by the Owner. The Engineer-in-Charge may also authorise his representatives to perform his duties and functions.

15.2 Coordination of Work

The Engineer-in-Charge shall coordinate the work of various agencies engaged at site to ensure minimum disruption of work carried out by different agencies. It shall be the responsibility of the contractor to plan and execute strictly in accordance with the site instructions to avoid hindrance to the works being executed by other agencies.

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SECTION - IV

INTERPRETATION OF CONTRACT DOCUMENTS

16. INTERPRETATION OF CONTRACT DOCUMENT:

16.1 Except if and to the extent otherwise provided by the Contract, the provisions of the General Conditions of Contract and special conditions shall prevail over those of any other documents forming part of the contract. Several documents forming the contract are to be taken as mutually explanatory. Should there be any discrepancy, inconsistency, error or omission in the contract or any of the matter may be referred to Engineer-in-Charge, who shall give his decisions and issue to the Contractor instructions directing in what manner the work is to be carried out. The decision of the Engineer-in-Charge shall be final and conclusive and the contractor shall carry out work in accordance with this decision.

16.2 Works shown upon the drawing but not mentioned in the specifications or described in the specification without being shown on the drawings shall nevertheless be held to be included in the same manner as if they had been specifically shown upon the drawings and described in the specifications.

16.3 Headings and marginal notes to the clauses of these General Conditions of Contract or to specifications or to any other tender document are solely for the purpose of giving a concise indication and not a summary of the content thereof, and they shall never be deemed to be part thereof or be used in the interpretation or construction thereof of the Contract.

16.4 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. Words indicating persons shall include relevant corporated companies/ registered as associations/ body of individual/ firm or part