BHARAT GAS RESOURCES LIMITED

BRINDAVAN COMMERCIAL COMPLEX No.19-1-207/30 & 31,

SHIVNAGAR SOUTH, UDGIR ROAD, BIDAR,
KARNATAKA – 585401
GSTN: 29AAHCB8688B1ZA

Limited E-Tender for Hiring Light Commercial vehicle (LCV)

for transportation of CNG through cascades for CGD project at
Bidar GA in the state of Karnataka

E-TENDER No 10001598052021

BID FLOATING DATE: 28.11.2021 AT 14:00 HRS

BID CLOSING / DUE ON: 04.12.2021 AT 14:00 HRS

Tender Document

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 Table of contents

Section No. Description

I : Invitation For Bids (IFB)
II : Instructions to Bidders(ITB)
III : Detailed Scope of work
IV : Special Conditions of Contract (SCC)
V : Schedule Of Works (SOW)
VI : General conditions of Contract (GCC)

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 SECTION-I
INVITATION FOR BIDS (IFB)

LIMITED E-TENDER

1.0 INTRODUCTION

1.1 M/s. Bharat Gas Resources Ltd. (BGRL, hereinafter referred to as company) is developing CNG &
City Gas Distribution Infrastructure in the Geographical Areas (GA) for Bidar GA in the state of
Karnataka as per PNGRB authorization. The CGD network will cater natural gas consumers of various
sectors namely domestic, commercial, industrial & automotive.

2.0 BRIEF SCOPE OF WORK

2.1 Providing Light Commercial Vehicles (LCV), of following specification for transportation of
CNG through cascades for CGD project at Bidar GA. Please refer detailed scope for vehicle
specification.

2.2 Place of operation: Transportation of CNG with Cascades mounted on the LCV will be from
any mother station located at Lattur (Maharastra) or Hyderabad (Telengana) to any
daughter booster stations located in Bidar (Karnataka). In case of Mother station available at
Bidar, the operation will be within Karnataka.

2.3 Vehicles shall be provided with Auxiliaries as defined in tender document. If vehicle is provided
without Auxiliaries, owner reserved the right to get it done at the cost of the Bidder.

2.4 The Bidder shall deploy competent Supervisors for the purpose of coordination with BGRL on
round the clock basis for monitoring the vehicles movement.

2.5 Vehicle provided shall comply with all rules & regulations prescribed for vehicles movement.

2.6 Compliance of statutory and safety requirements is must.

2.7 Obtaining necessary Traffic Clearance from Traffic Department, Govt. of Telangana,
Maharastra and Karnataka, as required is Bidder’s responsibility based on the place of
operation provided by BGRL.

2.8 The Bidder shall bear the entire operational cost of the vehicle for transportation of CNG in
cascades which shall include but not limited to the following:
(i) Wages and other emoluments for the drivers.
(ii) To provide all facilities like office accommodation and transport etc. to his
workmen.
(iii) Cost of fuel, brake oil and lubricating oil, oil required for operation of the
vehicles.
(iv) Maintenance and repair cost of the vehicles.
(v) Licenses, permits, road tax, insurance and any other statutory levies for
vehicles movement.

2.9 The services shall be provided on 24 Hours round the clock basis.

3.0 CONTRACT PERIOD

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3.1 The Contract period shall be 05 months from the date of deployment.
3.2 The contractor shall deploy the vehicle to the site and mount the LCV with BGRL
cascade as directed by EIC within 5 days from the date of LOI.

4.0 SUBMISSION OF BID & BID VALIDITY

5.1 Bids are required to be submitted only through BPCL e-procurement site at https://bpcleproc.in/
on or before the Bid submission date and time.
5.2 Physical Bids / Offers or Bids through any other mode shall not be accepted. The Offers
submitted through e-tendering system, as above shall only be considered for evaluation and
ordering.
5.3 Bid should be valid for 4 (four) months from the Bid due date.

5.0 BIDDING PROCEDURE

This is a Limited Tender. Single stage single part system is adopted for this tender.

6.0 DETAILS OF BID DOCUMENTS

1 Type of Enquiry Limited tender

2 Tender Document Number 10001598052021

3 Availability of Tender Document From 28-11-21 at 14:00 hrs to 04-12-21 at
on Website 14:00 Hrs
4 Bid document fee Not Applicable
5 Pre bid meeting date and venue Not Applicable
6 Earnest Money Deposit / Bid Security Not Applicable
7 Bid Due Date & Time 04-12-2021 till 14:00 HRS. (IST)
8 Online Opening of Bids 04-12-2021 at 15:00 HRS. (IST)

The complete tender document is available on BPCL e-Proc site: https://bpcleproc.in

Bidders can view /download the tender document from the above website.
All amendments, time extension, clarifications etc. will be uploaded in the above websites only.
Bidders should regularly visit the above web site to keep themselves updated.

The bidders may send their queries, if any, on tender document by email to reach BGRL. The last
date for raising queries will 01 day before the Bid due date. Queries raised after this cutoff date will
not be addressed.

The Contact person:

Senthil Kumar K
Executive, CGD Bidar.
8754854966
senthilkumark001@bharatpetroleum.in

7.0 GENERAL
7.1 BGRL will not be responsible or liable for cost incurred in preparation, submission & delivery
of bids, regardless of the conduct or outcome of the bidding process.

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7.2 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.
7.3 Canvassing in any form by the Bidder or by any other agency on their behalf may lead to
disqualification of their bid.
7.4 Unsolicited clarifications to the bid offer and / or change in the prices during the validity
period would render the bid liable for rejection.
7.5 Total works shall be awarded based on OVERALL LOWEST COST (L1) basis for complete scope
of work as per the provisions of the tender document.
7.6 BGRL reserves the right to reject any or all the bids received or annul the bidding process at
any time at their sole discretion without assigning any reason whatsoever.
7.7 BGRL will allow Public Sector Enterprises (Central / State), purchase preference as admissible
/ applicable from time to time under the existing Govt. policy. BGRL shall also follow the
Public Procurement Policy on Procurement of Goods and services from Micro and Small
Enterprises (MSEs) Order 2012.
7.8 All other terms and condition shall be as per the tender document.
7.9 BGRL at its discretion reserve the right to verify information submitted and inspect the
facilities at party’s work to confirm their capabilities.
7.10 BGRL decision on any matter regarding short listing of bidders shall be final.
7.11 Bids of bidders on “Holiday” as per BGRL/PSU or its subsidiaries records shall not be
considered for evaluation and ordering.
7.12 All documents and correspondence shall be in English only.
7.13 Directions for submitting online offers, electronically, against e-procurement tenders directly
through internet.
7.14 The system time that will be displayed on e-procurement (e-bid) web page shall be the time
considered for determining the expiry of due date and time of the tender and no other time
shall be taken into cognizance.

7.15 Contact support desk of BPCL e-procurement (e-bid) website in case of any issue.

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 SECTION-II
INSTRUCTION TO BIDDERS (ITB)

1. ELIGIBILITY OF BIDDERS

1.1 The Bidder shall not be under a declaration of ineligibility by BGRL for Corrupt/
Fraudulent/ Collusive/Coercive practices.

1.2 The Bidder is not put on holiday/ banned by BGRL or put on holiday/ banned by any
Government Department/ Public Sector Enterprise on due date of submission of bid. If
documents are downloaded from website, offers submitted by such bidders shall not be
considered for opening/evaluation/award. In case there is any change in status of the
declaration prior to award of contract, the same has to be promptly informed to BGRL by
the bidder.

1.3 The Bidder should not be under any liquidation court receivership or similar proceedings
on due date of submission of bid. In case there is any change in status of the declaration
prior to award of contract, the same has to be promptly informed to BGRL by the bidder.
It shall be the sole responsibility of the bidder to inform BGRL in case the bidder is under
any liquidation court receivership or similar proceedings on due date of submission of bid
and during the course of finalization of the tender. Concealment of the facts shall
tantamount to misrepresentation of facts and shall lead to action against such Bidders as
per BGRL’s policy.

1.4 Bidder shall not be affiliated with a firm or entity that has provided consulting services
related to the work to the Owner during the preparatory stages of the work or of the
project of which the works/services forms a part of.

1.5 Bidders shall submit, after award, a written power of attorney authorizing the signatory
of the bid to commit the bidder. Power of Attorney issued by the Board of Directors/ CEO
/Chairman/ MD / Company Secretary of the Bidder/ all partners in case of Partnership
firm/any person authorized in terms of Deed of LLP/Proprietor in favor of the authorized
employee(s) of the Bidder, in respect of the particular tender for signing the Bid and all
subsequent communications, agreements, documents etc. pertaining to the tender and
to act and take any and all decision on behalf of the Bidder, is to be submitted. The
authorized employee(s) of the Bidder shall be signing the Bid and any consequence
resulting due to such signing shall be binding on the Bidder.

2. ONE BID PER BIDDER

2.1 A Firm/Bidder shall submit only 'one (01) Bid' in the same Bidding Process. A Bidder who
submits or participates in more than 'one (01) Bid' will cause all the proposals in which the
Bidder has participated to be disqualified.

2.2 Alternative Bids shall not be considered.

3. SITE LOCATION / SITE VISIT

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3.1 Bidder is advised to visit and examine the site, its surroundings and familiarize himself of
the existing facilities and environment, and collect all other information which he may
require for preparing and submitting the bid and entering into the Contract. Claims and
objections due to ignorance of existing conditions or inadequacy of information will not
be considered after submission of the bid and during implementation.

3.2 The Bidder shall not be entitled to hold any claim against BGRL for non-compliance due to
lack of any kind of pre-requisite information as it is the sole responsibility of the Bidder to
obtain all the necessary information with regard to site, surrounding, working conditions,
transportation etc., on its own before submission of the bid.

4. ACKNOWLEDGEMENT & CONFIRMATION

4.1 Bidder shall acknowledge against the Tender on BPCL’s website https://bpcleproc.in/ and
confirm his intention to bid or reason(s) of not participating in the tendering or in case of
regret / negative acknowledgement.

5. CONTENTS OF TENDER DOCUMENT

5.1 The Tender document shall be read in conjunction with any amendment issued in
accordance with relevant Clause below.

 Section-I : Invitation for Bid [IFB]

 Section-II : Instructions to Bidders [ITB]
 Section-III : Detailed scope of work
 Section –IV : Special Conditions of Contract [SCC]
 Section-V : Schedule of works [SOW]
 Section-V : General Conditions of Contract [GCC]

5.2 Although all the details presented in this Tender document have been compiled with
reasonable care, however, the Bidder is expected to examine the tender document,
including all instructions, terms and specifications in the Tender document and Bidder to
ensure that the information provided is adequate, clearly understood.
5.3 Tender document once issued / downloaded are non-transferable.

6. CLARIFICATION OF TENDER DOCUMENT

6.1 Bidder shall examine the Tender document thoroughly in all respect and if any conflict,
discrepancy, error or omission is observed, Bidder may request clarification within the
cutoff date as specified in IFB or prior to the Bid Closing Date. Such clarification requests
shall be directed to the address given in IFB.

6.2 Any failure by Bidder to comply with the aforesaid requirement shall not excuse the
Bidder, after subsequent award of Contract, from performing the work in accordance with
the Contract.

6.3 Response to queries / clarifications raised will be sent as expeditiously as possible to all
who have been issued the Tender document. The response shall not form part of the
tender document unless issued as a corrigendum in the BPCL e-proc site. The queries
raised (without identifying the sources of the query) and the responses will be uploaded
on website.

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6.4 Bidders are expected to resolve all their clarifications/queries to the Tender document
and submit their bid in total compliance to tender document without any deviation /
stipulation / clarification.

7. AMENDMENT OF TENDER DOCUMENT

7.1 BGRL may, for any reason whether at his own initiative or in response to the clarification
requested by the prospective bidder(s), issue amendment in the form of corrigendum
during the bidding period and subsequent to receiving the bids. Any addendum thus
issued shall be part of the Tender document.

7.2 For corrigendum issued during the bidding period, Bidder shall consider the impact in his
bid. For corrigendum issued subsequent to receiving the bids, Bidder shall follow the
instructions issued along with Corrigendum regard to submission of impact on quoted
price / revised price, if any.

7.3 The Owner, if consider necessary, may extend the date of submissions of Bid in order to
allow the Bidders a reasonable time to furnish their most competitive bid taking into
account the amendment issued thereof.

8. CONFIDENTIALITY OF TENDER DOCUMENT

8.1 Bidders shall treat the tender document and contents therein as strictly confidential.

8.2 The tender document is and shall remain the exclusive property of BGRL without any right
to Bidder to use them for any purpose except for the purpose of Bidding.

9. Understanding the BID specification

9.1 The e-bid must be submitted after understanding the complete scope of work in all
respects, leaving no scope of ambiguity. Bidder is fully responsible for the bid submitted
and no relief or consideration can be given for errors and omissions.

9.2 No stipulation, deviation, terms & conditions, presumption, basis etc. shall be stipulated
in Price Part of the bid. Any condition if stipulated shall be treated as null & void and shall
render the bid liable for rejection.

10. BID PRICES & BIDDING CURRENCY

10.1 Unless otherwise permitted in the tender document, the bid shall be for the complete
scope of work.

10.2 Unless stated otherwise in the Tender document , the Contract shall be for the whole
works as described in Tender document , based on the rates and prices submitted by the
Bidder and accepted by the owner. The prices quoted by the Bidders will be inclusive of
all taxes except GST (CGST&SGST/UTGST or IGST), which shall be separately indicated.

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10.3 Prices must be filled in format for "Schedule of Works [SOW]" uploaded at BPCL e- proc
site. If quoted in separate typed sheets and any variation in item description, unit or
quantity is noticed; the Bid is liable to be rejected.

10.4 Bidder shall quote for all the items of "SOW" of the quoted part after careful analysis of
cost involved for the performance of the completed item considering all parts of the
tender document. In case any activity though specifically not covered in description of
item under "SOW" but is required to complete the works as per Specifications, Scope of
Work / Service, Standards, General Conditions of Contract(“GCC"), Special Conditions of
Contract ("SCC") or any other part of Tender document , the prices quoted shall deemed
to be inclusive of cost incurred for such activity.

10.5 All duties, taxes and other levies [if any] payable by the Contractor under the Contract, or
for any other cause except final GST (CGST&SGST/UTGST or IGST)shall be included in the
rates / prices and the total bid-price submitted by the Bidder. Applicable rate of GST
(CGST&SGST/ UTGSTor IGST) on the contract value shall be indicated in unpriced offer.

10.6 Prices quoted by the Bidder, shall remain firm and fixed and valid until completion of the
Contract and will not be subject to variation on any account. Any new taxes &Duties, if
imposed by the State/ Govt. of India after due date of bid submission but before the
Contractual Delivery Date, shall be reimbursed to the contractor on submission of
documentary evidence for proof of payment to State/ Govt. Authorities and after
ascertaining it’s applicability with respect to the contract.

10.7 Bidder shall quote price after careful analysis of cost involved for the performance of the
work considering all parts of the tender document. In case any activity though specifically
not covered in description of item under ‘Schedule of Works (SOW)’ but is required to
complete the work, which could be reasonably implied / inferred from the contents of the
Tender document , the prices quoted shall deemed to be inclusive of cost incurred for
such activity.

10.8 The prices shall be based on conditions specified in General Conditions of Contract, Special
Conditions of Contract, Scope of Work, Scope of Supply, Technical Specifications and other
contents of Tender document .

10.9 Prices quoted by the bidder, shall remain firm, fixed and valid until completion of the
Contract performance and will not be subject to variation on any account except as
otherwise specifically provided in the tender documents.

10.10 Currency of Bid and Payment shall be only in INR.

10.11 It will be the duty of BIDDER / CONTRACTOR to duly observe and comply with all laws,
rules, regulations, orders and formalities applicable to GST, and other taxes &duties etc.
on the manufacture, sale and / or supply of any material to the BGRL. The
BIDDER/CONTRACTOR shall keep the BGRL indemnified from and against any and all
claims, demands, prosecutions, penalties, damages, demurrages and / or other levies
what so ever made or levied by any Court, Tribunal or the Customs or other Authorities
with respect to any alleged breach, evasion or infraction of such duties, taxes, charges or
levies or any breach or infraction of such laws, rules, regulations, orders or formalities
concerning the same and from the consequence thereof.

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10.12 No Mobilization Advance and No secured advance will be paid.

11. BID VALIDITY

11.1 Bid shall remain valid for a minimum period of 4 (Four) months from final due date of
submission of Bid. During the above period, bidders shall not be entitled to revoke or
cancel their Bid or to vary the Bid given or any term thereof without written consent of
the BGRL. In case, bidders are revoking or cancelling their Bid or varying any terms in
regard thereof without the written consent of BGRL, BGRL shall cancel their registration.
Such Bidder also may be put on Holiday list.

11.2 BGRL may request the bidders for extension of the period of validity of bid.

12. SUBMISSION OF BID

12.1 For submission of Bid, due date and time for submissions of bids have been mentioned in
the IFB. Bids cannot be uploaded by bidders on the website beyond the Bid Due Date and
time.

12.2 Bids shall be submitted through e-tender mode in the manner specified elsewhere in
tender document. No Manual/ Hard Copy (Original) offer shall be acceptable.

12.3 Bid must be submitted by the bidder through e-tendering on or before bid due date and
time mentioned in the IFB or any extension thereof as duly notified at
http://bpcleproc.in/. (However, Bidders are requested not to ask any extension in due
date for submission of Bids in view of tight project schedule.)

12.4 Bidders are advised in their own interest to carefully go through various help links
provided at BPCL E-Tendering website so as to ensure that bids are uploaded in E-
Tendering website well before the closing date and time of bid submission.

12.5 In the event of failure in bidder’s connectivity with BPCL website during the last few hours
on account of problem on bidders account, they are likely to miss the deadline for bid
submission. Due date extension request due to this reason will not be entertained. In view
of the same, bidders are advised to upload their bid in advance.

13. LATE BIDS

13.1 E-tendering system of BPCL shall close immediately after the due date & time for
submission of bid and no bids can be submitted thereafter.
14. MODIFICATION AND WITHDRAWAL OF BIDS

14.1 The Bidder may modify or withdraw its Bid after the Bid's submission but prior to the due
date prescribed for submission of Bids by selecting the detaching option available in the
e-tender portal.

14.2 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 cancellation of Vendor
Registration.

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15. OPENING OF BIDS
The Bids shall be opened online through e-tender portal, at the specified date and time
given in the bid document or extended otherwise. The Bidders who have submitted their
Bid will be able to view online the name & status of all the Bidders at their respective
windows, after Bid opening by BGRL.

16. EVALUATION OF TECHNICAL BIDS

Not Applicable

17. CORRECTION OF ERRORS

17.1 Bids determined to be substantially responsive will be checked by the Owner for any
arithmetic errors. Errors will be corrected by the Owner as follows:

i. When there is a difference between the rates in figures and words, the rate which
corresponds to the amount worked out by the Bidder (by multiplying the quantity
and rate) 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 and not the
amount and the amount shall be recalculated/corrected accordingly.

iii. When it is not possible to ascertain the correct rate, in the manner prescribed
above, the rate as quoted in words shall be adopted and the amount worked out,
for comparison purposes

17.2 The amount stated in the bid will be adjusted by the Owner in accordance with the above
procedure for the correction of errors. If the bidder does not accept the corrected amount
of bid, its bid will be rejected, and the bid security shall be forfeited.

18. EVALUATION OF PRICE BIDS

The Company will evaluate and compare the bids which are found to be techno-commercially
qualified. The evaluation for award shall be made on overall lowest cost basis including
applicable GST (CGST & SGST/ UTGST or IGST). Bidders must quote for full quantity against all
the items of SOW, failing which their offer shall not be considered for evaluation.

BGRL is not entitled for input credit of GST (CGST&SGST/UTGST or IGST) in case of present
tender.
Note:
1. In case the bidder is covered under Composition Scheme under GST laws, then
bidder should quote the price inclusive of the GST (CGST&SGST/UTGST or IGST).
Further, such bidder should mention “Cover under composition system” in
column for GST (CGST&SGST/UTGST or IGST) of price schedule.
2. In case any cess on GST is applicable, same shall also be considered in evaluation.

19. AWARD OF CONTRACT

Subject to various clauses of ITB, the Owner will place the order on the successful bidders
whose bid have been determined to be OVERALL LOWEST COST BASIS.

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20. BGRL'S RIGHT TO ACCEPT OR REJECT ANY BID

20.1 BGRL 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 contract, without thereby incurring any liability
to the affected bidder or bidders or without any obligation to inform the affected bidder
or bidders of the grounds or the reasons for BGRL’s action.

20.2 In the opinion of BGRL, if the total price or certain item rates quoted by the lowest bidder
are considered high, he may invite the lowest bidder for price negotiation. Lowest bidder
shall attend such negotiation meetings and if requested by BGRL, shall provide the analysis
of rates / break-up of amount quoted by him for any or all items of schedule of works to
demonstrate the reasonability. As a result of negotiation, bidder may offer rebate on his
earlier quoted price.

21. NOTIFICATION OF AWARD

21.1 Bidder, whose bid is accepted by BGRL, shall be issued Letter of Intent (LOI) prior to expiry
of bid validity. Bidder shall confirm acceptance by returning a signed copy of the LOI.
21.2 BGRL shall not be obliged to furnish any information / clarification / explanation to the
unsuccessful Bidders as regards non-acceptance of their bids, BGRL shall correspond only
with the successful Bidder".

22. CONTRACT AGREEMENT AND SIGNING OF AGREEMENT

22.1 The Contractor shall execute a formal contract with BGRL within specified period from the
date of issue of Detailed Letter of Acceptance on a non-judicial stamp paper and of
appropriate value. The cost of non-judicial stamp paper shall be borne by the Contractor.

22.2 Contract documents for agreement shall be prepared after the acceptance of bid. Until
the final contract documents are prepared and executed, this Tender document together
with the annexed documents, modifications, deletions agreed upon by BGRL and bidder’s
acceptance thereof shall constitute a binding contract between the successful Bidder and
BGRL based on terms contained in the aforesaid documents and the finally submitted and
accepted prices.

22.3 The contract shall be signed directly between BGRL and Contractor.

22.4 The Contract document shall consist of the following:

i. Contract Agreement on Non Judicial Stamp Paper

ii. Detailed Letter of Intent / Acceptance along with enclosures
iii. Tender documents Document.
iv. Corrigendum to original tender document issued, if any.
v. Bid offer

22.5 For all works of value 2 (Two) Lakhs and more, a formal agreement shall be signed
between BGRL and Contractor in the format given in GCC, on non-judicial stamp paper of
appropriate value. Cost of stamp paper shall be borne by the Contractor. Payments for
such jobs shall be made by BGRL only after signing agreement by authorized
representatives of BGRL and the Contractor. One original plus 2 (Two) copies of the

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 contract documents shall be signed by the contractor and other copies shall be stamped.
Original agreement on stamp paper shall be retained by BGRL and one signed copy shall
be given to Consultant and the Contractor.

23. 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.

24. FRAUDULENT PRACTICES

24.1 BGRL requires that Bidders / Vendors / Contractors observe the highest standard of ethics
during the award/ execution of Contract. “Fraudulent Practices” means a
misrepresentation of facts in order to influence the award of a Contract to the detriment
of BGRL, 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 BGRL of
the benefits of free and open competition.

24.2 BGRL 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.

24.3 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.

24.4 In case, 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.
BGRL shall have full right to terminate the contract and get the remaining job executed at
the risk & cost of such Bidder / Vendor / Contractor without any prejudice to other rights
available to BGRL under the contract such as forfeiture of CPBG / Security Deposit,
withholding of payment etc.

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

24.6 Further, such Bidder / Vendor / Contractor shall be put on Blacklist / Holiday / Negative
List of BGRL debarring them from future business with BGRL for a time period, as per the
prevailing policy of BGRL.

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 SECTION-III
DETEILED SCOPE OF WORK

1.0 SCOPE OF WORK

1.1 The scope of work broadly covers the supply of CNG/ DIESEL Fuelled LCV (Light
Commercial Vehicle) on Rate Contract basis for transportation of CNG through Cascades
from Mother station located at anywhere in Lattur, Maharastra or Hyderabad, Telangana
to Daughter Booster Stations in any part of Bidar, Karnataka, irrespective of the company
for a period of 05 (five) months. The first trip will be carried out in presence of Owner/
Owner representative so as to finalize RTKM(Round Trip Kilometre).
1.2 Successful Bidder shall provide suitable LCV of minimum Payload of 6 Ton. Cascades
owned by BGRL of 3000 WL capacity shall be given to successful Bidder for mounting the
same on the LCV provided by the Bidder. After mounting of Cascades, Bidder has to
comply required statutory approval/ permits, if any, that may be required for operation
of LCV for transportation of CNG. Payment of fees and taxes are in the scope of Bidder.
1.3 LCV shall be in perfect running condition. For anyclaim, losses, damages (including third
party damage), etc. for the LCV, the liability will solely rest with the Bidder.The original
documents of the vehicles have to be submitted to BGRL for verification as and when these
are asked for. Non submission of satisfactory documents related to deployment plan shall
lead to termination of contract at Bidder’s risk & cost. All the operational & maintenance
cost of the vehicles for transportation of CNG is in the scopeof Bidder, which includes but
not limited to the following:
a) License of Dangerous & Hazardous Goods carrying certificate and badge number,
permits, road tax, insurance of LCV, Transit insurance (insurance of product/ item
being transported) including 3rd party insurance incidentalexpenses and any other
statutory levies shall be borne by Successful Bidder. However, toll charges shall be
paid extra at actual against submission of documentary evidence (toll receipt).
b) Salary and other emoluments for the drivers as per applicable minimum wages act
including PF, ESIC, their insurance etc.
c) Providing Personal Protective Equipment (PPE) and First Aid kit to the drivers and
providing all the safety appliances in the vehicle as per safety and statutory
requirement for safe operation of LCV for transportation ofCNG.
d) Maintenance and repair cost of the vehicles, including all consumables, cost of
tyres, parking charges, cost of fuels, brake oil and lubricating oil etc. required for
operation of the vehicles.
e) All related expenses for road worthiness, licenses and other requirements for operation
& maintenance of vehicle in proper condition.
1.4 The Bidder shall have to ensure deployment of LCV within a period of 05 days from the
date of issue of LOA/ Mail of Intent or communication/ intimation (in case of additional
LCV’s).
1.5 LCVs offered by the Bidder should be fit for mounting of Cascade of BGRL. All three sides
of the load carrying sections of the LCV are to be removable for easy accessibility of the
Cascades. The bigger size of LCV will be difficult to turn and park in CNG stations. Hence
overall dimensions of the LCV shall be just fit for the specified Cascade. The Bidder shall
14
 have to get the vehicle approved by BGRL for the purpose, before actual deployment of
LCV’s at BGRL site.
Bidder shall securely mount the CNG Cascade and make all necessary mounting
arrangement including hiring of crane for lifting & handling of CNG Cascade and installation
of necessary supporting stiffener at requisite positions.The complete job of mounting CNG
Cascade up to the satisfaction of Owners’ competent technical representative shall be
completed within one day of issue of the Cascade. Dismantling / Dis-mounting of each
CNG storage Cascades from LCV and deposition to BGRL designated Location / Stores and
Painting / Stickering including supplyof material per LCV are also covered in Bidders’ scope.
1.6 The Bidder has to take delivery of CNG storage Cascades from BGRL store/ other
designated Location of Bidar GAas directed by BGRL. The Bidder shall have to securely
mount the Cascades on LCV chassis with nut and bolts as per the specifications given by
Owner/ Owner Consultant at Bidders own cost. Bidders shall ensure that mounting nuts
and bolts does not become loose during normal operations. After taking over custody of
Cascades, upkeeping and safety of Cascades is the responsibility of the Bidder. Any
leakage/ loose bolting/ loose clamp in the Cascade shall have to be immediately reported
to BGRL and further transportation of Cascade shall have to be carried out only after
rectifying the same. Any loss or damage to the items such as valve/ knob/ fittings/ valve
handle/ pressure gauge, cylinder/ tube or any other component of Cascade shall be
rectified/ repaired at the risk & cost of Bidder. However, scheduled maintenance of
Cascade shall be in the scope of BGRL as per the guideline. For that the vehiclemay be
required to be deployed at the nearest Hydro testing / Repair Centre as per the direction
of EIC (Engineer In-Charge) and no consequential payment (other than the actual vehicle
run (km)) shall be made to the Bidder. On expiry or termination of the contract, Bidder
shall unload and return Cascades in good condition, to the satisfaction of BGRL, at
designated CNG Mother Station or BGRL Stores of respective GA within 07 days from the
completion of Contract Period or Intimation from BGRL or Termination of Contract.
1.7 The LCV will be fitted with two earthing connections and spark/ flame arrestor of a design
approved by Chief Controller of Explosives and provided with wheel jack, tool kit, and
spare wheel in good condition. BGRL may depute their representative for inspection of
condition of LCV and Bidder has to maintain vehicles to the satisfaction of BGRL.
1.8 Each vehicle should have a Master cut-off switch which disconnects the entire power
supply from the Battery. This particular Master Cut-off switch shall be used at the time of
Loading (filling)/ Unloading (decanting) the LCV. The battery of the LCV should be in
enclosed condition and should not be exposed to the environment.
1.9 The LCV will be provided with the statutory display requirement to carry CNG filled Cascade
has to be done by the Bidder at his own cost before deploying the vehicles and repainting
the same as and when required.
1.10 The Bidder shall display a mark “ON BGRL DUTY” on the LCV at his cost for making the
vehicle conspicuously distinguishable from a distance. The Bidder shall not display the
advertisement of his or other agency on the vehicle(s).
1.11 The Bidder shall be responsible for providing suitable signboards/ display boards during
LCV movement on load or in parked condition. Bidder shall also ensure refilling of the same
as per norms. Each LCV to paint rear & side panelsfor display of company name and logo,
in, combination to fulfil the requirements of display under Rules 130 to 137 of Central
Motor Vehicles Rules, 1989 and any other statutory regulation.
1.12 The Bidder shall operate their vehicles at their own risk entirely and Owner shall in no case
15
 be held responsible for any damage to the vehicles while on Owner’s work. The Bidder
shall maintain the vehicles in sound mechanical condition at all the times. The Bidder will
rectify any defect noticed by him or notified by Owner immediately.
1.13 The LCVs shall have WLL telephone / UHF mobile radio fixed in the driver’s cabin for
mobile communication. In case the Bidder fails to provide this facility, Owner shall make
alternate arrangement and make the systemoperational and necessary payments in this
regard shall be made directly to the service provider after deducting such amount from
the bills of the Bidder.
Bidder shall supply and mount fire extinguishers of ABC type (09 kg) on the LCVs as per the
directions of Engineer-in-charge. The cost of supply and fabrication of steel material for
mounting the extinguishers shall be borne by the Bidder. The Bidder will be responsible for
safe custody of the fire extinguishers and in case of loss or damage of the extinguishers;
the cost will be recovered from the Bidder. Periodic inspection, testing and hydro test of
Fire extinguishers provided with vehicle shall be in Bidder’s scope. In addition to above
Bidder shall supply a 500 Grams ABC type Fire Extinguisher in the front cabin of the vehicle.
Fire extinguisher shall be maintained in good and in fitto use conditions at all the times
during the operation.
1.14 All drivers before commencing duties shall go for an induction program carried out by Site
Engineer / Fire and Safety Supervisor by Entity. The drivers shall be issued STC Card (Safety
& Technical Competency Card) after the completion of induction training. Drivers shall
always carry the STC card when they are on duty.
1.15 Drivers should be able to read and write the local language and minimum 8th class pass.

1.16 Driver should not consume any intoxicant or alcohol and smoking while on duty and has to
follow traffic guidelines.

1.17 Bidder shall indemnify company for any action under Motor Vehicle Act.

1.18 If the vehicle is moving out of the continuous operations for any kind of major repair or
overhauling i.e. not attributable to Owner, in such cases odometer opening and closing
reading will be recorded at mother station / daughter booster station. Ideally such type of
activity will be performed at Mother station or Owner store, however these are non-
routine activity and KM tracking will be done accordingly for billing purpose. (closing and
opening KM shall be noted during the activity by Owner).
1.19 The Bidder shall be required to take Comprehensive Insurance Policy coverage for each
vehicle taken from a reputedInsurance Company and shall keep in force during the tenure
of the contract.
1.20 The Bidder shall conduct periodic training program to get the drivers fully acquainted with
Owner Safety requirements. The Bidder will make the drivers available to Owner for
training on defensive driving, first aid, firefighting, emergency preparedness and any other
training which Owner considers necessary. New drivers prior to commencing their duties
shall undergo an induction program carried out by supervisor/Fire & Safety Supervisor by
Owner. In case complaint of driving quality and involved in accident, the driver should be
replaced.
1.21 Driver’s discipline:

a) Lunch break of a maximum of 1/2 hour.

b) Follow the posted speed limits not cross 50 km/hr.

16
 c) Don’t operate / attend mobile phone call while driving.

d) Don’t drive if feeling unwell or tired due to fatigued condition.

e) Don’t drive under medication (consult doctor if so).

f) Don’t drive under intoxicated state (alcohol/ drug consumption).

g) While re-fuelling, switch off engine, cell phone and do not smoke.

h) Get full knowledgeable of roads & areas of travelling route.

2.0 SUPERVISION
2.1 The Bidder shall ensure that his/ its representative ascertains proper feeding of CNG in
Cascade & the same is maintained properly in the LCV and its nuts & bolts are duly fixed
& tightened failing which any loss/ mishap shall be at his cost & risk. The Bidder shall
indemnify the losses to BGRL.

2.2 For effective supervision and better co-ordination. Bidder shall provide communication
handsets to the supervisors for communicating with the drivers & movement control. The
safety and security of the handsets will be the responsibility of the Bidder. In case of loss
and damage, the Bidder shall be liable for repairing / replacing the sets immediately at his
own cost. Bidder to provide contact details along with police verification of driver.
2.3 Bidder shall ensure smooth operation of transport services to the satisfaction of Engineer-
in charge by adequate supervision. Supervisors shall be provided with mobile phone.
2.4 As availability of CNG at CNG stations is Public Utility services, Hiring & Operating charges
of Vehicle shall include services of Drivers and Supervisors for round the clock basis (24*7)
for complete duration of the contract including Sunday and Holiday. However, no
personnel shall be allowed to work for morethan 8 hours in a day, for which adequate
number of personnel shall be deployed by the Bidder. Duty hours of employees should be
well in line with the Central Motor Vehicles Act 1988 & Motor Transport Workers Act
1961. Bidder should take care of all legal statutory compliances as per the tender norms
and conditions.
3.0 TECHNICAL SPECIFICATIONS
Light Commercial Vehicle (LCV) of Minimum 6 Tons Payload
Cascade Water liter capacity 3000 WL
Length x Width x Height of Cascade: 3.6 m x 2.0 m x 1.8 m
Cascade weight with CNG: 6 tons

4.0 MAKE OF VEHICLES

The vehicle required to be supplied by the Bidder under this contract shall be procured
only from reputed and regularvehicle manufacturers. Bidder shall furnish the details of
makes, model etc. and shall obtain prior approval of owner, before deploying the LCV.
5.0 VEHICLES MANAGEMENT & MAINTENANCE
The exact specification for hiring the vehicles shall be commensurate with the risks involved
and should be maintained in accordance with manufacturer’s recommendations. All
vehicles must comply with relevant National Standards/RTA rules. Vehicle shall be fitted
17
 with Rear view Mirrors (One on each side)/ Wipers/ Signal Lights/Breaks/ Hand Breaks.
Odometer, reverse horn, Hand torch and emergency kits / accessories shall also be
provided.Iron wheel chokes to be kept in each vehicle and drivers have to use them when
the vehicle is in rest position
5.1 All drivers should check the vehicle condition on a daily basis as per manufacturer’s the
checklist. Maintenance of the vehicles should be carried out through a manufacturer
approved garage and the schedule of preventive maintenance should be in accordance
with the manufacturer’s recommendation. The vehicles need to be tracked for the no. of
Kms. so that they have plied, and the service planned well in advance, also Bidder shall
provide immediatealternate vehicles prior to maintenance at all times.
5.2 Maintenance and repairs to vehicles on BGRL business shall be carried out at OEM
(Original Equipment Manufacturer) or approved facilities.
5.3 Vehicles may need replacement on a case to case basis in the event of accident to the
vehicle or damages / recurring issues with the maintenance of the vehicles.
5.4 LCV Bidder shall provide wheel jack, tool kit and spare wheel(s) in good condition for each
LCV. Tyres of the vehicles need to be replaced on the following conditions:
a) Completion of 50,000 Kms/ As per OEM specifications.

b) Frequent issues with the tube leading to deflations.

c) Showing heavy wear and loss of Tread.

6.0 SPECIFICATION FOR PAINTING/STICKERING

6.1 The LCV shall be provided with the statutory display requirements to carry CNG.
6.2 The Bidder shall be responsible for providing suitable signboards / display boards during
LCV movement on road or in parked condition.
6.3 The LCV should be provided with BGRL display/logo board as directed by BGRL EIC. Failing
which the same shall be got done at Bidder’s risk and cost with 10 % over head.
6.4 Painting of the colour codes and all other statutory displays has to be done by the Bidder
at his own cost before deploying the vehicles for carrying CNG Cascades. Also, necessary
logo, marking, painting, coding for transportation of flammable substance to be marked
as per the norms.
6.5 Each LCV to paint rear & side panels for display of company name and logo in combination
to fulfil the requirementsof display under Rules 130 to 137 of Central Motor Vehicles
Rules, 1989 and any other statutory regulation.
6.6 Painting and stickering and all other statutory displays have to be done by the Bidder at his
own cost before deployingthe vehicle for carrying CNG cascade.
6.7 Soft copy of design should be provided by E-mail.

6.8 Board & snickering also in the scope of Bidder.

6.9 Design of Painting, boards & stickering will be finalized after awarding the work order.

7.0 VEHICLE TRACKING SYSTEM (VTS)

7.1 GPS Automatic Vehicle Locating & Tracking system is required for monitoring the vehicles
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 at real time round the clock. For this purpose, the Bidder shall install Vehicle Tracking
System in the deployed LCV. The vehicle tracking system shall have latest features such as
Real-time / Live Location on map, Speed Monitoring, Distance covered in km, Route or
path taken by vehicle, Stoppage Report, History detail of 30 days, Ignition on/off, Inbuilt
battery, Inbuilt memory, Stop your vehicle by SMS, SOS Button, SMS alerts, Graphical
reports for better and quicker understanding.
7.2 The safety and Security of the Vehicle Tracking System will be the responsibility of the
Bidder.

7.3 Bidder shall also install necessary software on BGRL’s designated PC for day to day
monitoring. BGRL is not intended to purchase software but use only during contract period
including extended period if any. One-time license fees if any shall be included in the
vehicle tracking system and the same shall be borne by the Bidder.
7.4 Operation and maintenance of the GPS Automatic Vehicle Locating & Tracking system
throughout contract period including extended period if any shall be done by Bidder free
of cost.
7.5 In case it is established that the VMU (Vehicle Mounting Unit) has been damaged by the
Bidder’s crew thus obstructing the monitoring of VTS or in other cases of any defects,
rectification of the same shallbe at Bidders own cost. During such period Bidder has to
provide the alternate arrangements for the same.

8.0 TRANSPORT SERVICES

Transport services shall be provided round the clock on designated routes and as per the schedule
given by Engineer-In-Charge on all days. Transport services shall be governed as follows:
a. Disconnect the quick connect coupling of the Cascade after proper de- pressurization
of the hose, as soon as storage pressure falls to a level decided by the Engineer-
In-Charge/ Site Engineer and transport the Cascade to Mother/ filling stations.
Connect the Cascade with the filling hose by connecting quick connect coupling
available at mother station for refilling after ensuring proper grounding.
b. Transport the filled mobile Cascades from mother/ filling stations to daughter
booster stations and connect to station tubing through quick connect coupling.
c. LCV shall be provided with a logbook mentioning pressure level in the mobile
Cascade in each bank, LCV initial & final pressures at mother station/ daughter
Booster stations, Opening and closing reading of the mass flow meter have to be
noted in the log book, in/out time to Mother station/ Daughter station, station name
and any other details considered necessary for operation by BGRL for each vehicle
etc. to be filled at commencement of each trip.
d. Driver shall also record and immediately report for any leakage, burst disc failure
during the trip. The logbookhas to be signed by station manager/ technician for each
trip.
e. It is to ensure that while hoses are connected/ disconnected with the mobile
Cascade/ LCV, nobody shall be inside the LCV and master switch is switched-off. Any
kind of loss occurred due to negligence/ mistake of driver during LCV operation shall
be borne by the Bidder.
f. Daily filling & dispatch statement of previous day has to be prepared by the Bidder

19
 and the same has to be submitted at the respective control rooms of BGRL by 10
AM very next day.
b. Drivers without proper uniform & shoes will not be allowed to carry on duties.
However, the TREM CARD shall always be available with the vehicle.
c. Bidder shall carry out all schedule maintenance of Vehicle and provide the copy
of schedule maintenance record to Engineer-in-charge on monthly basis.
d. Bidder shall plan schedule maintenance in consultation and prior permission of
Engineer-in-charge.
9 LCV cannot be taken out of service on account or repair and maintenance or otherwise without
providing the replacement. However, the same can be planned with the EIC and can be done
without any Operational Loss to BGRL such as during night hours/ during Station Shutdown for some
other reasons etc. However, if the same is not possible, Spare Cascade shall be provided by BGRL on
request, the Bidder shall do loading and fixing of the Cascade on a separate LCV and their rates shall
be inclusive of incidental charges on this account.

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 SECTION- V
SPECIAL CONDITIONS OF CONTRACT
1.0 GENERAL

1.1 Special Conditions of Contract shall be read in conjunction with the General
Conditions of Contract, specification of job and any other documents forming
part of this contract, wherever so requires.
1.2 Notwithstanding the sub-division of the documents into these separate sections
and volumes, even part of each shall be deemed to be supplementary to and
complementary of every other part and shall be read with and into contract so
far as it may practicable to do so.
1.3 Where any portion of the General Conditions of Contract is repugnant to or at
variance with any provision of the Special Conditions of Contract, unless a
different intention appears, the provisions of the Special Conditions of Contract
shall be deemed to over-ride the provisions of the General Conditions of
Contract and shall to the extent of such repugnancy, or variations, prevail.
1.4 Wherever it is mentioned in the specifications that the Contractor shall perform
certain work or provide certain facilities, it is understood that the Contractor
shall do so at this cost and the value of contract shall be deemed to have
included cost of such performance and provision, so mentioned.
1.5 In case of an irreconcilable conflict between Indian and other applicable
standards General Conditions of Contract, Special Conditions of Contract,
Specifications, Drawings or Schedule of Works, the following shall prevail to the
extent of such irreconcilable conflict in order of precedence:
a) Contract Agreement
b) Detailed letter of acceptance along with its enclosures
c) Letter of Intent
d) Job specifications (specific to particular job only)
e) Special Conditions of contract (SCC)
f) Technical specifications
g) Instruction to Bidders
h) General Conditions of Contract
i) Other documents
j) Additionally, any variation or amendment/change order issued after
signing of formal contract shall take precedence over respective clauses of
the formal contract and its Appendix.
1.6 In absence of any specification covering any material, design of work(s) the same
shall be performed/ supplied/ executed in accordance standards engineering
practice as per the instructions/ directions of the Engineer-in-charge which will
be binding on the Contractor.
1.7 The transport services shall be provided in terms of shift patterns on round the
clock basis as mentioned in the tender document.
1.8 The Contractor is required to carry out all services as mentioned in the scope of

21
 service and schedule of works on all the 365 days including Sundays and all
holidays.
1.9 The Contractor shall allow weekly rest to his workmen and daily working hours
will be fixed as per relevant Act/ Law/and rules made there under. However, no
work shall be left incomplete / unattended on any holiday/ weekly rest. The
Contractor or his authorized representative shall interact with designated In-
charge daily for smooth movement of the transport services.
1.10 Contractor has to ensure the safety of man and machine all the times. The
Contractor shall remain at all times liable to Owner for any loss or damage
caused to any building plant machine, of Owner due to careless, negligent,
inexperienced act of default of the Contractor, his agents, representative or
employees. Owner shall be the sole judge as regards to assess the quantum of
loss or damage and it shall be entitled to deduct from the amount payable
hereunder to the Contractor the cost of repairs or the amount of loss or
damages.
1.11 The Contractor will be liable for any loss or injury to Owner employees/agents
due to careless, negligent, inexperienced act or default of the Contractor, his /
her agent’s representative or employees.
1.12 Regarding work completion, the decision of the Engineering -in-Charge (EIC) shall be
final.
1.13 Owner does not make any commitment to provide his employees with facilities
such as office accommodation, canteen, tea, toilet, telephone etc.
1.14 All personnel of the Contractor entering on work premises shall be properly and
neatly dressed and shall wear uniform, badges while working on premises of the
company including work sites.
1.15 Contractor shall maintain proper record of his working employee’s attendance
and payment made to them.
1.16 The Contractor’s representative/ supervisor shall report daily to the shift-in-
charge in the control rooms for day-to-day working, filling & dispatch of /LCVs.
1.17 The Contractor will strictly adhere to all the safety rules and regulations
prevailing and applicable from time to time at the installations as directed by
Owner.
1.18 The rates quoted by the bidder must be inclusive of all taxes, duties and other
statutory levies on the vehicles, Contractor share of P.F. and insurance charges,
Contractor profit, repair & maintenance cost of LCV vehicles, license permits,
and any other expenditures etc. but excluding final GST.
1.19 The services shall be provided in terms of shift pattern on the round the clock
basis. The Contractor is responsible to provide effective and efficient services in
all shifts and assure that there is no disruption in the service for want of any
resources.
1.20 All arrangement for communication from mother/filling stations to the drivers
working on jobs under the contract shall be the responsibility of the Contractor.
The Contractor has to provide mobile phones/radio handsets to his supervisor.
1.21 The Contractor shall indemnify the company from any claim of the contract labour.
1.22 Contractor shall be allowed to avail one day off in a month per vehicle for

22
 maintenance. This period of one day includes any scheduled /unscheduled
maintenance / breakdown of vehicles. The period also includes taking the
vehicles for statutory requirements to the office of Transport Department for
the purpose of obtaining fitness certificate and all other statutory documents.
The given off time of one days in a month per vehicle cannot be carried forward
to the next month. However, in case vehicle has to be taken out of service for
more than two days on account of repair and maintenance, the Contractor shall
well in advance and provide replacement. Spare cascade shall be provided by
Owner on request. The Contractor shall do loading and fixing of the cascade on
the vehicles and his rates shall be inclusive of all incidental charges on this
account. In case Contractor fails to supply replacement vehicle.
1.23 In case of any accidents the contractor has to provide the replacement within
02 days and the Contractor should lodge FIR to police immediately, guard the
vehicle and take precautions as necessary to prevent fire & obstruction to traffic
etc. until arrival of police and other Rescue Agencies. Traffic management
including diversion of traffic shall be of high importanceand the LCV drivers must
be trained to follow required precautions in such situations. The Contractor shall
compensate for losses which Owner has incurred or will incur due to such
accidents which may or may not be due to fault of the Contractor.
1.24 All the jobs mentioned under scope of services shall be carried out as per sound
industry practices, work procedure documentation and as per the guidelines/
direction of Engineering -in-charge or his authorized representative.
1.25 Contractor shall observe all National and Local Laws, Ordinances, Rules and
Regulations and requirements pertaining to the WORK and shall be responsible
for extra costs arising from violations of the same.
1.26 Successful Bidder shall comply with all statutory requirements including
payment of wages & other statutory liabilities towards service engineers
deployed for subject work. Any liability including liability towards statutory
payments such as PF, ESIC/ workmen compensation etc. in future in relation to
this work shall be solely borne by successful bidder while keeping BGRL/Owner
indemnified.
2. INSURANCE
For details refer General Condition of Contract Clause no. 87.

In addition, Contractor also needs to take Transit Insurance for all items to be transported by the
Contractor to the site of work (destination). The quoted price shall be inclusive of cost towards such
transit insurance.

3. INSPECTION

The Owner or his representative shall have the right to inspect LCVs to confirm their conformity to the
contract specifications. Regular inspection on monthly basis needs to be done in order to ensure that
the vehicle is in safe condition and is fit for the purpose. Such inspections, however, does not absolve
Contractor from his responsibilities towards safe and trouble free operations. If any leaks are
observed, it should be brought to the notice of Owner and get rectified immediately. Inspection
records of the same should be maintained. Based on the inspection, any non-conformity shall be
reported to Engineering In- charge immediately by Contractor and the non- conformities shall be
rectified within one day of intimation.

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4. PAYMENT TERMS

4.1 Advance: The Owner will not pay any sort of advance.

4.2 The payment terms shall be as follows:

100% payment on monthly basis in respect items as per Schedule of Works (SOW) shall be made
subject to certification of bills by Engineering in-charge. TDS or any other deduction, as applicable
during the currency of contract, shall be made against each bill. All taxes and duties tax levied by Govt.
shall be borne by the Contractor only. The quoted price shall be exclusive of final GST. While processing
the payment contractor shall submit the following documents as per EIC demand

i. ESI/ EPF clearance certificates for the last month.

ii. Insurance Policy as per relevant clauses of Contract Agreement.
iii. Attendance Register and Salary Records.
iv. Photocopy of daily travel log book.
v. Any other document required for the purpose of processing the bills.

5. PERMITS & CERTIFICATES

5.1 Contractor shall procure, at his expense, all necessary permits, certificates and licenses required
for free movement of Loading / Unloading of LCVs as per all applicable laws, regulations,
ordinances and other rules in effect at the place where any of the work is to be performed, and
Contractor further agrees to hold Owner harmless from liability or penalty which might be
imposed by reason of any asserted or established violation of such laws, regulations, ordinances
or other rules. Owner will provide necessary assistance to the Contractor to obtain the required
permit.
5.2 Legal requirement and documentation.
5.3 The drivers shall keep the original copies of their licenses with them while driving the vehicles. The
vehicle drivers shall ensure that their driving licenses are valid and renewed on time. The
Contractor shallsubmit all records related to the driver qualification including validity of vehicle
and driving license to theO I-C department at the time of deployment. All the vehicle drivers must
have valid explosive license certificate.
5.4 The legal documents such as Registration Book, Insurance, Driving license, PUC, License for
wireless (if applicable), Fitness Certificate issued by Transportation Department (RTO), Tax
certificate shall be kept in vehicle.
6. ACCOMMODATION / TRANSPORTATION / MEDICAL
The Contractor shall make his own arrangement for the accommodation of his personnel at
respective locations and subsequent transportation arrangement for them from their place of
residence to work place or any other place as required and Owner shall have no obligation in this
respect. The company shall not be responsible for providing any medical assistance to the contract
personnel.

7. DISCIPLINE

The Contractor shall be responsible for the discipline and good behaviour of all his personnel
deployed in the services contracted and should any complaint be received against any of his
employee, he shall arrange to replace such persons within 24 hours of notice issued by the O-IC.
The decision of the O-IC in this matter shall be final and binding on the Contractor.

8. GATE PASS / IDENTITY CARD

24
 If required by Owner, the Contractor shall arrange to supply / renew identity card to his workforce
at his own cost for security or for any other reasons. Those Contractor’s personnel shall be
required to carry their respective identity cards while on duty and produce the same on demand.

9. RIGHT TO GET SERVICE CARRIED OUT THROUGH OTHER AGENCIES

Nothing contained herein shall restrict Owner from accepting similar service from other agencies,
at its discretion and at the risk and cost of the Contractor with 10% Owner’s overhead, if the
Contractor fails to provide the said service any time.
10. EMPLOYMENT LIABILITY OF CONTRACTOR
10.1 The Contractor shall indemnify Owner & shall be solely and exclusively responsible
for any liability arising due to any difference or dispute between him and his employee for
the execution of this contact at any time during / after the contract period is over. All
workmen engaged by the Contractor shall be on his roll and be paid by him and Owner shall
have no responsibility towards them.
10.2 The Contractor shall ensure and will be solely responsible for payment of wages and
other dues latest by 7th of the following month to the personnel deployed by him in the
presence of the Company’s representative.
10.3 The Contractor shall be directly responsible and indemnify the company against all
charges, claims, dues etc. arising out of disputes relating to the dues and employment of
personnel deployed by him.
10.4 The Contractor shall indemnify Owner against all losses or INSURANCE s caused to it
on account of actsof the personnel deployed by the Contractor.
10.5 The Contractor shall ensure regular and effective supervision of the personnel
deployed by him.
11. TERMINATION OF ORDER
11.1 Termination for Default
The Owner may without prejudice to any other remedy for breach of contract, by written notice of
defaultsent to the Contractor, terminate the contract in whole or in part:-
12.1.1 If the Contractor fails to deploy the vehicle / vehicles within the time period(s) specified in the
contract; or
12.1.2 If the Contractor fails to perform any other obligation(s) under the contract; and
12.1.3 If the Contractor, in either of the above circumstances, does not rectify his failure within a
period of 15 days or such longer period as the Owner may authorize in writing after receipt
of the default notice from the Owner.
12.1.4 If the Contractor fails to deploy the LCVs within the time frame or demobilizes the
existing LCVs without prior permission from Engineering -in- charge. Owner reserves the
right to hire the LCVs from any other alternate source at full risk and cost of the Contractor
and the charges borne by Owner shall be recovered from the Contractor inclusive of all taxes
& duties.
11.2 Termination for non-requirement: The Owner may terminate the contract (whole or in part) in
case the ordered vehicles are not required after giving one month due notice in the regard.

12. COMPLIANCE OF LAWS

The Contractor which shall include the contracting firm / company shall be solely liable to obtain
and to abide by all necessary licenses from the concerned authorities as provided under the
various labour laws legislation’s including labour license from the competent authority under the
contract labour (Regulation & Abolition) Act 1970 and Acts made thereafter.

25
 The installations where job is to be carried out are live and have hydrocarbon environment
Contractor shall comply with all safety rules and regulations and other conditions as specified by
the Owner.

13. WORKS CONTRACT

The entire services as per scope of work covered under this contract shall be treated as “Works
Contract”.

14. TAXES, DUTIES, OCTROI, LEVIES ETC.

14.1 The quoted prices shall be deemed to be inclusive of all taxes, duties, octroi, levies
work contract tax if any etc. except final GST till the completion of the contract
and contractor shall not be eligible for any compensation on this account. No statutory
variation on this account will be payable by Owner.

14.2 Any Indian Income Tax/ or any other tax which Purchaser may be required
to deduct by law or statute, shall be deducted at source and the same shall be paid to Income
Tax/Sales Tax Authorities on account of contractor. Purchaser shall provide the Contractor a
certificate for such deduction of tax. The Contractor shall indicate their Permanent Account
no. with the relevant Income Tax Authority for this purpose to Purchaser.

14.3 In case of any dispute about labour content of the Contract Price by the Assessing
Authority while computing Sales Tax on Works Contracts, Owner/Purchaser will bear
no liability in this respect and the Contractor shall settle the same with Assessing
Authority without any claim on Owner/Purchaser on this account.

14.4 The Contractor shall produce documentary evidence as may be called for Purchaser
in respect of taxes, duties, etc., paid by the contractor, along with monthly Bill.
15. PROVIDENT FUND ACT

The Contractor shall strictly comply with the provisions of Employees Provident Fund
Act and register themselves with RPFC before commencing work. The Contractor shall deposit
Employees and Employers contributions to the RPFC every month. The Contractor shall furnish
the documentary proof as on when sought by the owner. In case of non-availability of the same
owner has right to deduct the appropriate amount.

16. COMMON CARRIER

The Contractor should be registered with authorities for carrying out business of a common carrier
(as per‘Carriage by Road Act 2007’ & amendment thereof) and shall submit a valid certificate of
registration for the same.

17. ESCALATION/DE-ESCALATION OF FUEL PRICES:

17.1 The Escalation / De-Escalation will be applicable, as per below formulae, only in case
of increase/ decrease in fuel price beyond plus (+) or minus(-) Rs.3 per Litre/kg from the base
rate.
i. Monthly charges = Quoted monthly rate + (Free run km x (new rate-base rate)/mileage).
ii. Extra Km charges = Quoted Ex.km rate + ((new rate-base rate)/mileage)

Considering mileage of 6 km/kg for CNG and 5 km/l for diesel.

26
 17.2 For Diesel, base rate will be retail rate of Diesel at Bidar on the date on which Bids
are opened.
17.3 For CNG, Base rate prevailing at place of Mother Station from where LCV will start
will be taken as the basis for calculating escalation. As and when Mother Station or Online
Station will be commissioned in Bidar, Karnataka, rates will be applicable from the place of
deployment. The base rate will be included in the LOI.
17.4 Contractor shall submit the actual bills in original issued by CNG/Diesel outlets
and shall claim the escalation/de-escalation along with his regular bills. Escalation will not be
applicable for increase of spare parts, lube oil etc.

18. FITNESS CERTIFICATES OF VEHICLES

Contractor shall be required to submit recent Fitness certificates of the vehicles from RTO/ OEM
of vehicle being used in wet leasing. These certificates should indicate all data / results of the
vehicles as required in relevant International Standards.

19. INSPECTION OF LCV

All inspections and tests shall be made as required by the specifications forming part of this
contract. Contractor shall advise Owner/ Consultant in writing at least 10 days in advance of the
date of final inspection/tests. Manufacturer’s inspection or fitness certificates for LCV supplied
may be considered for acceptance at the discretion of Owner/ Consultant. All costs towards
testing etc. shall be borne by the Contractor within their quoted rates. All inspection of various
items shall be carried out based on Quality Assurance Plan, which will be submitted by the
Contractor and duly approved by Owner/ Consultant.

20. First aid and industrial injuries:

i. Contractor shall maintain first aid facilities for its employees.

ii. Contractor shall make outside arrangements for ambulance service and for the treatment of
industrial injuries. Names of those providing these services shall be furnished to BGRL prior
to start of work and their telephone numbers shall be prominently posted in Contractor's field
office.

iii. All critical industrial injuries shall be reported promptly to BGRL, and a copy of CONTRACTOR's
report covering each personal injury requiring the attention of a physician shall be furnished
to the BGRL.

21. DAMAGE TO PROPERTY OR TO ANY PERSON OR ANY THIRD PARTY

i. Contractor shall be responsible for making good to the satisfaction of the Owner any loss or
any damage to structures and properties belonging to the Owner or being executed or
procured or being procured by the Owner or of other agencies within in the premises of all
the work of the Owner, if such loss or damage is due to fault and/or the negligence or willful
acts or omission of the Contractor.

ii. The Contractor shall indemnify and keep the Owner harmless of all claims for damages 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 omission of the Contractor.

27
 21. PENALTY
Penalty shall be applicable from monthly bills on non-compliance as per details given below

S.no Description Number of Instances & actions

First Second Third
1 In case of accident involvinginjury Minor Incident: Minor Incident:Driver Minor Incident:
or damages to facilities at the Driver shall be shall besuspended for Driver shall be
workplace / en-route. suspended forthree sixmonths. suspended for one
months. year.
Major Incident:
Driver shall be
debarred from
carrying out any
further services.
2 LCV Driver notwearing Personal Rs.500/inspection Rs.1000/inspection Rs.1500/inspection
Protective Equipment i.e. safety
shoes,helmet OR found in Same action shall be
intoxicated condition/ smoking applicable for any
etc. while on duty. subsequent violation

3 LCV driver resorting to any Rs.1000/day Rs. 2000/ day Rs. 3000/ day
disturbances or unrest or illegal
strike either at Mother stations/ Same action shall
Daughter stations by non-placing be applicable for
the Vehicle for loading/unloading
any subsequent
violation
at Mother stations/ Daughter
stations leading to disruption of
operation
If the Vehicle is not deployed 2 x (Period of absence in days x Pro-rata fixed monthly charges)
within mobilization period,
then after deployment of that
particular Vehicle(s), on the
production of their first
monthly bill.
If GPS and/or required Rs. 500 / day / Vehicle
Communication system are
not available ornot properly
functioning.

Non-availability of Up to 4 hours: Rs.300 / Vehicle / hour

transportation service due to
any reasons such as non- If vehicle not on duty more than 4hrs, the vehicle shall be
treated as full day absence. More than 4 hours Penalty = 2 x
availability of driver, stoppage (Period of absence in days x Pro-rata fixed monthly charges as
en-route for invalid reasons, per SOW)
breakdown of vehicle,
accident etc.

28
 Section-V
Schedule of Works (SOW)
Transportation of CNG through light commercial vehicle (LCV) for CGD project at Bidar GA in the state of Karnataka
Unit rate
Unit rate
inclusive Total price
inclusive of
of all inclusive of
all taxes
Item taxes and GST @ all taxes
Description Unit Qty and duties
No. duties & 18 % and duties,
& insurance
insurance insurance
(Including
(excluding and GST
GST)
GST)
Monthly charge for providing 1 Nos. CNG/ DIESEL fuelled of minimum 6 ton payload
capacity Light Commercial Vehicle (LCV) for transportation of CNG 3000 WL capacity
cascade (will be mounted on the LCV). The monthly fixed charge is for 5000 KM free
run for round the clock operations including driver, fuel, Insurances (Insurance of LCV,
Transit insurance incl. insurance of product/ item being transported and 3rd party
insurance) etc. Vehicles will be deployed as per requirement of BGRL and scope also
inclusive of but not limited to,
(a) Collection of each 3000 WL capacity CNG storage Cascade from BGRL designated
Location and Mounting of the same on LCV as per the tender scope of work.
1 Dismantling / Dis-mounting of each 3000 WL capacity CNG storage Cascades from LCV Months 05
and deposition to BGRL designated Location / Stores as per the tender scope of work.
(b) Painting / Snickering including supply of material per LCV as per the scope of work.
(c) Vehicle Tracking System - Providing, Installing; Vehicle Tracking System per LCV as
per specification including Operation & Maintenance along with spare parts during 05
months contract period as per the tender scope of work.
NOTE: The LCV will be operated between Mother stations located at anywhere in
Lattur (Maharastra) or Hyderabad (Telangana) to Daughter Booster Stations in any part
of Bidar Karnataka, irrespective of the company. Also in case of mother station is
available at Bidar then LCV will be opertaed within Bidar.
2 Additional per KM Running Charges in case of running beyond 5000 KMS KM 4000
Grand Total (Inclusive of GST)

29
 Section-VI
General Conditions of Contract (GCC)

30
GENERAL CONDITIONS OF CONTRACT
(GCC)

BHARAT GAS RESOURCES LIMITED

 CONTENTS

SECTION DETAILS
I DEFINITION OF TERMS
II GENERAL INFORMATION ABOUT SITE
III GENERAL INSTRUCTION FOR THE TENDERER
IV INTERPRETATION OF CONTRACT DOCUMENTS
V PERFORMANCE OF WORK
VI BILLS / MEASUREMENT / PAYMENT
VII TAXES AND DUTIES
VIII LABOUR LAWS AND OTHER REGULATIONS
IX VARIOUS PROFORMA

1
 GENERAL CONDITIONS OF CONTRACT
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/Company/BGRL” means the BHARAT GAS RESOURCES LTD, incorporated in India having its registered
office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai 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 Managing Director of the BHARAT GAS RESOURCES LTD or his successor in
office designated by the Owner.
4) The “Engineer-in-Charge” shall mean the person esignated 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.
5) 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.
6) 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.
7) 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.
8) 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.
9) 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.
10) The “Consultant” means the consulting engineers Nominated/appointed by the Owner for this Project / job.
11) 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.
12) The “Contract” shall mean the Agreement between the Owner and the Contractor for the execution of the works
including therein all contract documents.
13) 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.
14) 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.
15) The “Tender” means the tender submitted by the Contractor for acceptance by the Owner.
16) 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.
17) The “Completion Certificate” shall mean the certificate to be issued by the Engineer-in-Charge to the contractor when
the works have been completed to his satisfaction.
18) The “Final Certificate” in relation to a work means the certificate issued by the Engineer-in-Charge after the period
of liability is over for releasing the retention money/PBG.
19) The “Period of Liability” in relation to a work means the specified period during which the Contractor stands
responsible for rectifying all defects that may appear in the works.

2
 SECTION - II

GENERAL INFORMATION ABOUT SITE

2.1 LOCATION OF SITE & ACCESSIBILITY:

The site location is described in the Special Conditions of Contract. The intending tenderer should inspect the site
and make himself familiar with site conditions and available facilities.
Entry into the BGRL areas is restricted depending on location/site. Only pass holders as also vehicles with special
permits are permitted in such restricted areas. Inside the premises access to various work spots is also further
regulated by permits issued for each area. 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 Tackles / 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 LAND FOR CONTRACTOR’S FIELD, GODOWN AND WORKSHOP:

The tenderer should visit the site and acquaint himself with site conditions, availability of water, electricity, approach
roads, construction materials as per specifications, shelter for his staff, etc. since these are to be provided/arranged
by the tenderer (unless otherwise specified) at his cost.
The owner will, at his discretion and convenience based on availability for the duration of the execution of the work,
make available, land for construction of contractor’s field office, go-downs, 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.
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 seven days notice on security reasons or on material interest otherwise.

2.4 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 owner as regards location and type of structure.

3
 SECTION - III

GENERAL INSTRUCTION FOR THE TENDERER

3 SUBMISSION OF TENDER:

3.1 The quotation should be submitted only in the manner and the form prescribed in the Request For Quotation
(RFQ)/Tender enquiry.

3.2 Addenda/Corrigenda to this tender document if issued must be signed and submitted along with the tender document.
The tenderer should consider the Addenda/Corrigenda and should price the work based on revised quantities when
amendments for quantities are issued in addenda.

3.3 Tenders should always be placed in double sealed covers, superscribing Tender No Tender for
(name of job), BHARAT GAS RESOURCES LTD, 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. (This will not be applicable in the case of e-tenders) Tenders received in open condition (priced
bid) are liable to be rejected.

3.4 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 super-scribed on top. Both these envelopes shall be sealed in a common envelope and submitted
as specified above and in covering letter. (This will not be applicable in the case of e-tenders)

4 DOCUMENTS:

4.1 The tenders, as submitted shall include all documents/details asked for by BGRL in the RFQ/Tender enquiry.

4.2 All pages to be initialed:

Wherever signed tender documents are submitted, all signatures in the documents shall be dated, as well as all the
pages of the 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 authorizing him to sign on behalf of the tenderer
before submission of tender. Tenders without signatures as stated above are liable to be rejected.

4.3 Rates to be in Figures and Words:

The tenderer should quote the rates in English both in figures as well as in words. Offers received without the rates
in figures and in words are liable for rejection. In case of discrepancy exists between the rate quoted in figures and
in words, the rates quoted in words will prevail.

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.
In case of priced bids containing overwriting/cuttings/erasures in the quoted rates and in case these are not
attested by the signatory of the bid, such priced bids are liable to be rejected without giving any further notice.

4.5 Signature of Tenderer:

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 authorized
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 authorized
representative and a power of attorney in that behalf shall accompany the tender.

4
4.6 Transfer of tender documents issued to one intending tenderer to another is not permissible.

5 PURCHASE PREFERENCE:

Owner reserves its right to allow Public Sector Enterprises (Central/State), purchase preference as
admissible/applicable from time to time under the existing Govt. policy. Purchase preference to a PSE shall be decided
based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid.

Owner reserves its right to allow Micro and Small Enterprises (MSEs) and MSEs owned by Scheduled Caste (SC) or
the Scheduled tribe (ST) entrepreneurs, purchase preference as admissible/applicable from time to time under the
existing Govt. policy. Purchase preference to a MSE and a MSE owned by SC/ST entrepreneurs shall be decided based
on the price quoted by the said MSEs as compared to L1 Vendor at the time of evaluation of the price bid.

6 (a) EARNEST MONEY:

The tenderer must submit/ deposit earnest money, if specified in the RFQ/Tender enquiry, failing which the tender is
liable to be rejected. The earnest money can be deposited in the form of Demand Draft or Bank Guarantee in favour
of BHARAT GAS RESOURCES LTD. Earnest Money deposit (EMD) is not applicable for registered contractors of
BGRL/BPCL.
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.

(b) SECURITY DEPOSIT:

Unless otherwise specified in the special conditions of contract, in the case of contractors not registered with BGRL,
the earnest money deposit (EMD), of the contractor whose tender may be accepted, will be converted to security
deposit for due performance of the contract. The “performance security deposit/retention money” vide clause 18 shall
also be applicable limiting to a maximum of 10% of the contract value.

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 (Technical Bid in the case of two bid). The tenderer 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, appropriate penal action will be taken by BGRL as deemed fit including putting the
tenderer/contractor on ‘Holiday listing’/’Delisting’ barring the tenderer/contractor from participating in future tenders
for an appropriate period from the date of revocation/cancellation/varying the terms. Further in the case of contractors
who are not registered with BGRL/BPCL, the earnest money deposited by him will be forfeited. Once the quotation is
accepted the rates quoted shall be firm till the entire work is completed.

8 ADDENDA / CORRIGENDA:

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. 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 and 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 be rejected.
9.4 Canvassing in connection with tenders is strictly prohibited and tenders submitted by the tenderer who resort to
canvassing will be liable to rejection.
9.5 Tender containing uncalled remarks or any additional conditions are liable to be rejected.

5
10 INTEGRITY PACT (IP):

Vendors are requested to sign & return our pre-signed IP document, if applicable. This document is essential &
binding. Vendor's failure to return the IP document duly signed along with Bid Document may result in the bid not
being considered for further evaluation.

11 COLLECTION OF DATA TENDERER’S RESPONSIBILITY & TIME SCHEDULE:

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

12 RETIRED GOVERNMENTS 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
Government, or of the Owner as aforesaid before submission of tender, or engagement in the Contractor’s service as
the case may be.

13 SIGNING OF THE CONTRACT:

The successful tenderer shall be required to execute an agreement in the proforma attached with tender enquiry
within a period of one month of the receipt by him of the notification of acceptance of tender. The payment will not
be processed till the time the agreement is executed.

14 FIELD MANAGEMENT:

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 authorize his representatives to perform his duties and functions.
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.

14A CONSULTANCY CONTRACTS:

This General Conditions of Contract (GCC) will be binding for Consultancy jobs only to the extent of its applicability
to the context of consultancy jobs.

6
 SECTION - IV

INTERPRETATION OF CONTRACT DOCUMENTS

15 INTERPRETATION OF CONTRACT DOCUMENT:

15.1 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.
15.2 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.
15.3 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 incorporated companies/ registered
as associations/ body of individual/ firm or partnership.

16 SPECIAL CONDITIONS OF CONTRACT:

16.1 Special Conditions of contract shall be read in conjunction with the General Conditions of Contracts, specification of
work, Drawings and any other documents forming part of this contract wherever the context so requires.
16.2 Notwithstanding the sub-division 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.
16.3 Where any portion of the 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 over-ride the provision of the General Conditions of Contract and shall to the extent of
such repugnance or variations, prevail.
16.4 Wherever it is mentioned in the specifications that the Contractor shall perform certain work or provide certain
facilities, it is understood that the contractor shall do so at his own cost.
16.5 The materials, designs 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.

17 CONTRACTOR TO OBTAIN HIS OWN INFORMATION:

The contractor in fixing rate shall for all purposes whatsoever be deemed to have him self independently obtained all
necessary information for the purpose of preparing his tender. The contractor shall be deemed to have examined
the Contract Documents, to have generally obtained his own information in all matters whatsoever that might affect
the carrying out the works at the scheduled rates and to have satisfied himself to the sufficiency to his tender. Any
error description of quantity or omission there from shall not vitiate the contract or release the Contractor from
executing the work comprised in the contract according to drawing and specifications at the scheduled rates. He is
deemed to have known the scope, nature and magnitude of the works and the requirements of materials and labour
involved etc. and as to what all works he has to complete in accordance with the contract documents whatever be
the defects, omissions or errors that may be found in the Contract Documents. The Contractor shall be deemed to
have visited surrounding to have satisfied himself to the nature of all existing structures, if any, and also as to the
nature and the conditions of the Railways, 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 himself as to the sites 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 building as may be necessary for executing and completing the works, to have made local independent
enquiries as to the sub-soil water and variations thereof, storms, prevailing winds, climate conditions and all other
similar matters affecting these works. He is deemed to have acquainted himself as to his liability for payment of
Government taxes, customs duty and other charges.
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 him from any risk or liabilities or the entire responsibility
from completion of the works at the scheduled rates and time in strict accordance with the contract documents.

7
 No verbal agreement or inference from conversation with any officer or employee of the owner either before or after
the execution of the contract agreement shall in any way affect or modify any of the terms or obligations herein
contained.

18 PERFORMANCE SECURITY DEPOSIT/RETENTION MONEY:

18.1 To ensure performance of the contract and due discharge of the contractual obligations, the successful contractor
will have to provide security deposit of 10% of the contract value unless otherwise specified in the Special Conditions
of Contract.

This Security deposit may be furnished in the form of an Account payee Demand Draft payable to BGRL or Bank
Guarantee in the prescribed format. The contractor shall have the option to adjust any Earnest Money Deposit- (EMD)
if paid by demand draft towards security deposit if he so desires or otherwise if submitted by way of bank guarantee
the validity of the same to be extended suitably as advised by BGRL.

In the case of security deposit submitted in the form of Bank guarantee, the Bank Guarantee shall be valid and remain
in force till the contractual completion period (expiry of the defect liability period- refer clause-74, if applicable) and
with a claim period of six months thereafter. The Bank Guarantee shall be in the form prescribed.

In case the successful contractor is not furnishing the performance security deposit as referred above on award of
the job, the same shall be deducted from each running account bills at the rate of 10% of bill value till overall security
deposit of 10% as mentioned above is collected.

The security deposit will be retained till the successful completion of the work and thereafter till the expiry of the
defect liability period (refer clause-74), if applicable. This retention money/Bank guarantee held shall be released
after the expiry of the defect liability period provided that any defects appearing during that period are corrected by
the contractor and subject to Clause 18.2 below.

In the case of value/rate/quantity contracts, the security deposit shall be based on individual release orders issued. In
case of LSTK (Lump Sum Turnkey Contracts) / EPC: PBG @ 10% within 15 days of notification of award. In case of
Annual Rate Contracts (ARCs): Submission of PBG @ 10% of total Contract Value (TCV) or submission of initial security
deposit @ 2.5% of TCV within 15 days of notification of award. In cases where only 2.5% of TCV has been submitted,
7.5% of individual release order shall be subsequently deducted from RA bills.

Vendors/contractors shall be asked to submit the SD within 15 days from the date of notification of award and in the
event of delay in submission of SD, the contract can be terminated. However, if termination of contract is not in the
interest of the work/ BGRL, an additional time up to 30 days can be allowed for submission of SD with the approval of
the concerned GM/CGM, beyond which the contract may be terminated with subsequent actions following termination
as per tender/procedure.

18.2 If the contractor/ sub-contractor or their employees shall break, deface or destroy any property belonging to the
Owner or other agency during the execution of the contract, the same shall be made good by the Contractor at his
own expenses and in default thereof, the Engineer-in-Charge may cause the same to be made good by other agencies
and recover expenses from the contractor (for which the certificate of the Engineer-in-Charge shall be final). These
expenses can be recovered from the security deposit/retention money if recovery from other sources is not possible.

18.3 All compensation or other sums of money payable by the contractor to the Owner under terms of this contract may
be deducted from his security deposit/retention money or from any sums which may be or may become due to the
contractor by the Owner on any account whatsoever and in the event of his security deposit/retention money being
reduced by reasons of any such deductions. The contractor shall within ten days thereafter make good any sum or
sums, which may have been deducted from his security Deposit/retention money. No interest shall be payable by the
Owner from sum deposited as security deposit/retention money.

18.4 The security deposit shall be held by the Owner, as security for the due performance of the Contractor’s obligations
under the contract, provided that nothing herein stated shall make it incumbent upon the Owner to utilize the security
deposit/retention money in preference to any other remedy which the Owner may have, nor shall be construed as
confining the claims of the Owner against the contractor to the quantum of the Security Deposit/retention money.

18.5 The Bank guarantee if submitted shall be from any Indian scheduled bank or an international bank of repute having
a branch in India or a corresponding banking relationship with an Indian scheduled bank. The security
deposit/retention money shall be in Indian Rupee in the case of domestic bidders and in US Dollars in the case of
foreign bidders.

19 TIME OF PERFORMANCE:

19.1 The work covered by this contract shall be commenced as detailed in the purchase order or as per the instructions
of the Engineer in charge and be completed in stages on or before the dates as mentioned in the time schedule of
completion of work. The contractor should bear in mind that time is the essence of this agreement unless such time
be extended pursuant to the provision of clause No. 21. Request for revision of Completion time after tenders are
opened will not receive consideration.
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19.2 Time Schedule of Completion: The general time schedule of completion is given in the tender document. Contractor
should prepare a detailed monthly and weekly execution programme, jointly with the Engineer-in-Charge within two
weeks of receipt of Letter of Intent or acceptance of tender. The work shall be executed strictly as per the time
schedule given in this document. The period of completion given includes the time required for testing, rectifications,
if any, retesting and completion in all respects to the entire satisfaction of the Engineer-in-Charge.

20 FORCE MAJEURE

Circumstances leading to force majeure

(a) Act of terrorism;

(b) Riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution,
insurrection of military or usurped power;

(c) Ionising radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the
combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear
component;

(d) epidemics, earthquakes, flood, fire, hurricanes, typhoons or other physical natural disaster, but excluding weather
conditions regardless of severity; and

(e) freight embargoes, strikes at national or state-wide level or industrial disputes at a national or state-wide level in any
country where Works are performed, and which affect an essential portion of the Works but excluding any industrial
dispute which is specific to the performance of the Works or the Contract.
For the avoidance of doubt, inclement weather, third party breach, delay in supply of materials (other than due to a
nationwide transporters’ strike) or commercial hardship shall not constitute a Force Majeure event.

• Notification of Force Majeure

Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the
occurrence of an event of Force Majeure giving full particulars of the event of Force Majeure and the reasons for the
event of Force Majeure preventing the Affected Party from, or delaying the Affected Party in performing its obligations
under the Contract.

• Right of either party to terminate

If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a
continuous period of 365 (three hundred sixty five) days after notice has been given under this clause, either Party may
terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party.

• Payment in case of termination due to Force Majeure

The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of
Force Majeure.

The Contractor has no entitlement and Owner has no liability for:

a) Any costs, losses, expenses, damages or the payment of any part of the Contract Price during an event of Force
Majeure; and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure.
Time extension for such cases will be worked out appropriately.

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21 EXTENSION OF TIME:

If the contractor shall desire an extension of the time for completion of the work on the grounds of his having been
unavoidably hindered in its execution or on any other grounds, he shall apply in writing to the Engineer-in-Charge
within two weeks of the date of hindrance on account of which he desires such extension as aforesaid, and the
Engineer-in-Charge shall if in his opinion (which shall be final), reasonable grounds have been shown thereof,
authorize such extension of time as may in his opinion be necessary or proper.
In the event of extension of Time of the contract, if granted, the contractor shall be required to suitably extend the
period of Bank Guarantee if submitted, towards security Deposit/retention money suitably.

22. LIQUIDATED DAMAGES FOR DELAY:

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

22.2 The owner shall be at liberty to deduct or retain from any amount payable to the contractor periodically, the
proportionate or full amount of liquidated damages as the case may be for the delay periodically caused by the
contractor.

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

WITHOUT REFERENCE TO ACTUAL LOSS:

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

24 TERMINATION/OFFLOADING:

24.1 The contractor fully understands that timely completion of the work as per the schedule is of paramount necessity as
otherwise it would lead to adversely affecting the schedules of other works/project with resultant financial and other
losses to the Company/owner. In view of this, the contractor unconditionally agrees and binds himself to be liable for
all the consequences for non-completion of the work within the stipulated time.
24.2 In case a situation is brought about by the contractor warranting termination/off-loading of the whole or any part of
the work for any reason whatsoever, the Company/owner shall have the liberty and right to entrust/engage/award
the work so terminated/off loaded at the risk and cost of the contractor to any other agency/contractor by adopting
any mode of inviting tenders, i.e. open/limited/single party/negotiation basis etc. in order to ensure completion of
the work as per the schedule or at the quickest possible time.

25. FORFEITURE OF SECURITY DEPOSIT:

Whenever any claim against the Contractor for the payment of a sum of money arises out of or under the contract,
the Owner shall be entitled to recover such sum by appropriating in part or whole, security deposit of the contractor,
forming whole or part of such security being insufficient or if no security has been taken from the Contractor then
the balance or the total sum recoverable, as the case may be, shall be deducted from any sum then due or which at
any time thereafter may become due to the Contractor. The contractor shall pay to the owner on demand any balance
remaining due.

26 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED:

In any case in which, under any clause or clauses of this contract, the contractor shall have forfeited the whole of his
security deposit (whether paid in one sum or deducted by installment) or have committed a breach of any of the
terms contained in this contract the owner shall have power to adopt any of the following courses as he may deem
best suited to his interest.

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 a) To rescind the contract (of which rescission notice in writing to the contractor under the hand of the owner
shall be conclusive evidence) in which case the security deposit of the contractor shall stand forfeited and
be absolutely at the disposal of the Owner.
b) To employ labour paid by the owner and to supply materials to carry out the work any part of the work,
debiting contractor with the labour cost of tools and plants and equipment charges, the cost of the materials
for which a certificate of the Engineer-in-Charge shall be final and conclusive against the Contractor and
10% of costs as above to cover all departmental charges and crediting him with the value of the work done
in all respects in the manner and at the same rates as if it had been carried out by the Contractor under
the term of his contract. The certificate of Engineer-in-Charge as to the value of the work done shall be
final and conclusive against the contractor.
c) To measure up the work of the contractor and to take such part thereof as shall be unexecuted out of his
hand to give it to another contractor to complete in which case any expenses which may be incurred in
excess of the sum which would have been paid to the original contractor, if the whole work had been
executed by him (of the amount of which excess, the certificate in writing of the Engineer-in-Charge shall
be final and conclusive) shall be borne and paid by the original contractor and may be deducted from any
money due to him by the Owner under the contract or otherwise or from his security deposit or from the
proceeds of sale thereof, of a sufficient part thereof.

In the event of any of the above course being adopted by the Owner, the contractor shall have no claim to
compensation for any loss sustained by him by reason of his having purchased or procured any materials
or entered into any agreements or made any advances on account of or with a view to the execution of
the work of the performance of the contract. In case the Contractor shall not be entitled to recover or be
paid any sum for any work actually performed under this contract unless the Engineer-in- Charge will certify
in writing the performance of such work and the value payable in respect thereof and he shall only be
entitled to be paid the value so certified.

27 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT TAKEN UNDER CLAUSE 26:

In any case in which any of the powers conferred upon the owner by clause 26 thereof shall have become exercisable
and the same had not been exercised, the non exercise thereof shall not constitute a waiver of any of the conditions
hereof and such powers shall notwithstanding be exercised in the event of any further case of default by the contractor
for which any clause of hereof he is declared liable to pay compensation amounting to the whole of his security
deposit and the liability of the contractor for past and future compensation shall remain unaffected. In the event of
the Owner putting in force the power under sub-clause (a), (b) or (c) vested in him under the proceeding clause he
may, if he so desires takes possession of all or any tools and plants materials and stores in or upon the works or the
site thereof belonging to the contractor or procured by him 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, supervisor 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 contractors expense or sell them by auction or private sale on account
of the contractor and at his risk in, all respects without any further notice as to the date, time or place of sale and
the certificate of the Engineer-in-Charge as to the expense of any such removal and the amount of proceeds and any
expenses of any such sale shall be final and conclusive against the contractor.

28 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK:

If at any time from the commencement of the work the owner shall for any reasons whatsoever, not require the
whole or part thereof as specified in the tender to be carried out, the Engineer-in-Charge shall give notice in writing
of the fact to the contractor, who shall have no claim to any payment or compensation whatsoever on account of any
profit or advantage which he might have derived from the execution of the work in full, but which he did not derive
in consequence of the full amount of the work not having been carried out, neither shall he have any claim for
compensation by reason of any alterations having been made in the original specifications, drawings, designs and
instructions which shall involve any curtailment of the work as originally contemplated.

29 CHANGES 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 sub-contractor enters into any
agreement with other parties, where under the reconstituted firm would have the right to carryout 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 35 hereof and the same action may be taken and, the same
consequence shall ensure as provided in the said clause.

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30 IF THE CONTRACTOR DIES:

Without prejudice to any of the rights or remedies under his contract, if the contractor dies, the Owner shall have
the option of terminating the contract without compensation to the contractor.

31 EMPLOYEES OF THE OWNER NOT INDIVIDUALLY LIABLE:

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.

32 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS:

The contractor shall not be entitled to any increase on the item rates of the contract or 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.

33 CONTRACTOR’S OFFICE AT SITE:

The contractor shall provide and maintain an office at the site, if space provided by the owner, for the accommodation
of his agent and staff and such office shall be open at all reasonable hours to receive instruction, notices, or other
communications.

34 CONTRACTOR’S SUBORDINATE STAFF AND THEIR CONDUCTS:

34.1 The contractor, on or after award of the work shall name and depute a qualified personnel 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 supervise 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, 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 sub-contractors, if
any shall provide competent and efficient supervision over the work entrusted to them.
34.2 If and whenever any of the Contractor’s or sub-contractor’s agents, sub-agents, assistants supervisor or
other employees shall in the opinion of Engineer-in-Charge be 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 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 at the expense of the
contractor 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.
34.3 The contractor shall be responsible for the proper behaviour of all the staff, supervisor, workmen and others
and shall exercise a proper degree of control over them and in particular, and without prejudice to the said
generality, the contractor shall be bound to prohibit and prevent any employees from trespassing or acting
in any way detrimental or prejudicial to the interest of 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 therefore and relieve the Owner of all consequent claims or actions for 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. Contractor shall ensure that none of their employees are ever engaged in
any anti-national activities.
34.4 All contractor’s personnel entering upon the Owner’s premises shall be properly identified by badges issued
by owner which must be worn all times on Owner’s premises.

35 SUB-LETTING OF WORK:

Sub letting of contracts shall not be generally permitted. However owner may permit sub letting of work on specific
cases subject to the following:-
i) No part of the contract nor any share of interest there shall in any manner or degree be transferred assigned
sublet by the contractor directly or indirectly to any firm or corporation whosoever except as provided for in the
succeeding sub-clause, without the consent in writing of the Owner.

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 ii) Sub Contractors for Temporary Works Etc.:- The Owner may give written consent to sub-contract for execution
of any part of the works at the site, being entered into by the contractor provided each individual sub-contract
is submitted to the Engineer-in-Charge before being entered into and is approved by him.
iii) List of Sub-Contractors to be supplied: - At the commencement of every month the contractor shall furnish to
the Engineer-in-Charge list of all sub-contractors or firms engaged by the contractor and working at the site
during the previous month with particulars of the general nature of the sub-contract or works.
iv) Contractor’s Liability Not Limited By Sub-Contractors:- Notwithstanding any sub-letting with such approval as
aforesaid and notwithstanding that the Engineer-in-Charge shall have received copies of any sub-contracts, the
contractor shall be and shall remain solely responsible for the quality and proper and expeditious execution of
the works and the performance of all the conditions of the contract in all respects as if such sub-letting or sub-
contracting had not taken place and as if such work had been done directly by the Contractor.
v) Owner may Terminate Sub-Contracts:- If any sub-contractor engaged upon the works at the site executes any
work which in the opinion of the Engineer-in-Charge is not in accordance with the Contract documents, the
owner may by written notice to the contractor request him to terminate such sub-contract and the contractor
upon the receipt of such notice shall terminate such sub contract and the latter shall forthwith leave the works,
failing which the owner shall have right to remove such sub-contractors from the Site.
vi) No Remedy For Action Taken Under This Clause:- No action taken by the owner under the clause shall relieve
the contractor of any of his liabilities under the contract or give rise to any right to compensation, extension of
time or otherwise failing which, the owner shall have right to remove such sub-contractors from the Site.

36 POWER OF ENTRY:

If the contractor shall not commence the work in the manner previously described in the contract document 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. Substantially suspend work or the works for a period of Fourteen days without authority from the
Engineer-in-Charge, or
iv. Fail to carryout and execute the works to the satisfactions of the Engineer-in-Charge, or
v. Fail to supply sufficient or suitable constructional equipments, temporary works, labour materials or things,
or
vi. Commit or suffer or permit any other breach of any of the provisions of the contract on his part to be
performed or observed or persist in any of the above mentioned breaches of the contract for the fourteen
days, after notice in writing shall have been given to the Contractor by the Engineer-in-Charge requiring
such breach to be remedied, or
vii. Abandon the works, or
viii. During the continuance of the contract, become bankrupt, make any arrangement or composition with his
creditors, or permit any execution to be levied or go into liquidation whether compulsory or voluntary not
being merely a voluntary liquidation for the purpose of amalgamation or reconstruction.

Then in any such case, the Owner shall have the power to enter upon the works and take possession thereof and of
the materials, temporary works, constructional equipment, and stock thereon, and to revoke the contractor’s license
to use the same, and to complete the works, by his agents, other contractor or workmen, or to re-let the same upon
any terms and to such other person firm or corporation as the Owner in his absolute discretion may think proper to
employ and for the purpose aforesaid to use or authorize the use of any materials, temporary works constructional
equipment, and stock as aforesaid without making payment or allowances to the contractor for the said materials
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, constructional equipments and stock
or being liable for any loss of damage thereto, and if the Owner shall by reason of his 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 amount of such excess as certified by the Engineer-in- Charge shall be deducted
from 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 constructional equipment, materials etc. belonging to
and to recoup and retain the said deficiency or any part thereof out of the proceeds of the sale.

37 CONTRACTORS RESPONSIBILITY WITH OTHER AGENCIES:

Without repugnance to any other condition, it shall be the responsibility of the contractor executing the work of civil
construction, 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 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 shall be entertained on account of the above.

12
 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 Indemnified against all penalties and liabilities of every
kind arising out of non-adherence to such statutes ordinances, laws, rules, regulations, etc.

38 OTHER AGENTS AT SITE:

The contractor shall have to execute the work in such place and condition where other agencies might also be
engaged for other works such as site grading, filling and leveling, electrical and mechanical engineering works etc.
No claim shall be entertained to works being executed in the above circumstances.

39 NOTICES:

Any notice hereunder may be served on the contractor or his duly authorized representative at the job site or may
be served by registered mail direct to the address furnished by the Contractor. Proof of issue of any such notice could
be conclusive of the contractor having been duly informed of all contents therein.

40 RIGHTS OF VARIOUS INTERESTS:

i) The Owner reserves the right to distribute the work between more than one contractor. The contractor shall co-
operate and afford other contractors reasonable opportunity for access to the works for the carriage and storage of
materials and execution of their works.

ii) Whenever the work being done by any department of the Owner or by other contractors employed 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.

41 RIGHT OF OWNER TO DETERMINE / TERMINATE CONTRACT

i) 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 shall be paid for in full at the rates specified in the
contract. A notice in writing from the Owner to the contractor of such determination and termination and the reason
thereof, shall be the conclusive proof of the fact that the contract has been so determined and terminated by the
Owner.

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.

42 TERMINATION FOR CONVENIENCE :

BGRL shall, in addition to any other right enabling it to terminate the contract, have the right to terminate the contract
at any time by giving prior written notice of at least 14 days to the contractor. Such termination shall be without prejudice
to the rights of the parties that have accrued on or before the date of termination of the contract.

If the contract is terminated under this provision, the contractor is entitled to be compensated as under:-

a. the contract price attributable to the works performed as at the date of termination

and
b. the reasonable costs incurred by the contractor for termination of subcontractors or the repatriation of the
contractors’ and subcontractors’ employees

less

the aggregate of all previous payments allocated to the works.

Any sums due to BGRL from the contractor accruing prior to the date of termination will be deducted from the amount
to be paid to the contractor under the contract.

If, as a result of any such deductions, there is a negative amount payable to the contractor, then the contractor must
pay an amount equal to such negative sum to BGRL within 15 days of BGRL intimating the contractor.

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43 PATENTS AND ROYALTIES:

43.1 The contractor, if licensed under any 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 this contract, agrees
to pay all royalties and licence fees which may be due with respect thereto. If any equipment, machinery, materials
or composition matters, to be used or supplied or methods and process to be practised or employed in the
performance of this contract, is covered by a patent under which contractor is not licensed then the contractor before
supplying or using the equipment, machinery, materials, compositions method or processes shall obtain such licences,
and pay such royalties and licence fees as may be necessary for performance of the contract. In the event, the
contractor fails to pay any such royalties or obtain any such licence, any suit for infringement of such patents which
is brought against the contractor or the Owner as a result of such failure will be defended by the contractor at his
own expenses 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 patent under which a suit for infringement could be
reasonably brought because of the use by the Owner of any equipment, machinery, materials, and process methods
to be 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 licence to use in any country, any
invention made by the contractor or his employee in or as a result of the performance of the work under the contract.

The Owner shall indemnify and save harmless the contractor from any loss on account of claims on contractor for
the contributory infringement of patent rights arising out and based upon the claim that the use by the Owner of the
process included in the design prepared by the Owner and used in the operation of the plant infringes on any patent
right with respect to any sub-contract entered into by contractor pursuant to the provisions of sub-contractor
an undertaking to provide the Owner with the same patent protection that contractor is required to provide under
the provisions of this clause.

43.2 All drawings, blue prints, tracings, reproducible, models, plans, specification and copies thereof, furnished by the
Owner as well as drawings, tracings, reproducible, plans specifications, design, calculations etc. prepared by the
contractor for the purpose of execution of works covered in or connected with this contract shall be the property of
Owner and shall not be used for any other work but are to be delivered to the Owner at the completion of the
contract.

43.3 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 this contract, and restrict access to such documents, drawing etc. to the
minimum and further, the contractor agrees to execute an individual SECRECY agreement from each or any person
employed by contractor having access to such documents, drawings and to any other agency or individual, without
the written approval by Engineer-in-Charge.

44 LIENS:

44.1 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 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.

44.2 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.
Contractor will not give any items concerning details of the work to the press or a news disseminating agency without
prior written approval from Engineer-in-Charge. Contractor shall not take any pictures on site without written approval
of Engineer-in-Charge

45 OPERATION OF CONTRACT:

45.1 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 respective state laws
for the nature, validity and interpretation thereof.

45.2 Non-Waiver of Default:

Any failure by the Owner or 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 hereunder, shall not constitute
a waiver of such terms, conditions or rights, and shall not affect or impair same, or the right of the Owner or the
Contractor, as the case may be at any time to avail itself of same.

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 SECTION - V

PERFORMANCE OF WORK

46 EXECUTION OF WORKS:

46.1 All the works shall be executed in strict conformity with the provisions of the contract documents 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 following all safety requirements of BGRL and
as stipulated in work permits as per the directions and to the entire satisfaction of the Engineer-in- Charge.
46.2 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 his cost unless otherwise specified.
46.3 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
standards codes and specifications, these additional requirements shall also be satisfied.

47 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 be normally be passed by the Engineer-in-Charge
or his authorized representative. A work order book / logbook will be maintained by the Contractor for each job in
which the aforesaid written instructions will be entered. These will be signed by the contractor or his authorized
representative by way of acknowledgment within 12 hours. The non maintaining of the order book or non signing by
the contractor shall not preclude the contractor from complying with the instructions.

48 WORK IN MONSOON AND DEWATERING:

48.1 The completion of the work may entail working in the monsoon also. The contractor must maintain a minimum labour
force as may be required for the job and plan and execute the construction and erection according to the prescribed
schedule. No extra rate will be considered for such work in monsoon.
48.2 During monsoon and other period, it shall be the responsibility of the contractor to keep the construction work site
free from water at his own cost.

49 WORK ON SUNDAYS AND HOLIDAYS:

For carrying out work on Sundays and Holidays if needed, the contractor will approach the Engineer-in-Charge or his
representative at least two days in advance and obtain permission in writing. No special compensation on this account
will be payable.

50 GENERAL CONDITIONS FOR CONSTRUCTION AND ERECTION WORK:

50.1 Place of Work:

The work has to be executed at specified premises as per the tender. 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 will also be provided along with the tender. No idle time
wages or compensation for temporary stoppage of work or restrictions would be paid, and the rate 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 construction activity gets restrained
by the existence of such structures and utilities). Special care is necessary in transportation, storage, working on
equipments and other construction activities to protect the existing features and prevent damage to any facility.
Necessary protective structures barricades etc. have to be erected at various places as directed by Engineer-in-
Charge. No extra payment of such protective works will be made unless specially provided in the tender.
50.2 The working time or the time of work is 48 hours per week normally. Overtime work is permitted in cases of need
and the Owner will not compensate 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 this account.
50.3 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.

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50.4 The contractor shall submit to the Owner reports at regular intervals regarding the state and progress of work. The
details and preforma of the report will mutually be agreed after the award of contract.

51 DRAWINGS TO BE SUPPLIED BY THE OWNER:

51.1 Where drawings are attached with 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.
51.2 Detailed working drawings on the basis of which actual execution of the work is to proceed will be furnished from
time to time 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.
51.3 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 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 clause
43.2 and 43.3 above regarding drawings and other documents.

52 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR:

52.1 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.
52.2 Where approval of drawings before manufacture / construction / fabrication has been specified, it shall be contractor’s
responsibility to have these drawings prepared as per the directions of Engineer-in-Charge and got approved before
proceeding with manufacture construction / fabrication, as the case may be. Any changes that may have become
necessary in these drawings during the execution of the work shall have to be carried out by the contractor to the
satisfaction of Engineer-in-Charge at no extra cost. All final drawings shall bear the certification stamps duly signed
by both the contractor and the Engineer-in-Charge.
52.3 A period of 3 weeks from the date of receipt shall be required normally for approval of drawings by the Engineer-in-
Charge.

53 SETTING OUT WORKS:

53.1 The Engineer-in-Charge shall furnish the contractor with only the four corners of the work site and a level bench mark
and the contractor shall set out the works and shall provide efficient staff for the purpose and shall be solely
responsible for the accuracy of such setting out.
53.2 The contractor shall provide, fix and be responsible for the maintenance of all stacks, 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 consequence 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 centre 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.
53.3 Before beginning the works, the contractor shall at his own cost, 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 centre, longitudinal or face lines and cross lines
shall be marked by means of small masonry pillars. Each pillar shall have distinct marks 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 during construction.
53.4 Pillars bearing geodetic marks located at the site of work under construction should be protected and fenced by the
contractor.
53.5 On completion of works, the contractor must submit the geodetic documents according to which the work was carried
out.

54 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, when instructions are issued to that effect by the
Engineer-in-Charge.

55 MATERIALS TO BE SUPPLIED BY CONTRACTOR:

55.1 The contractor shall procure and provide the whole of the materials required for construction including tools, tackles,
construction plant and equipment 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 materials procured by the contractor shall be BGRL approved/specified quality.

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55.2 All materials procured should meet the specifications given in the tender document. 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.
55.3 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.

56 MATERIALS SUPPLIED BY OWNER:

56.1 If the specifications of the work provides for the use of any materials of special description to be supplied from the
Owner’s stores, price for such material to be charged therefore as herein after mentioned being so far as practicable
for the convenience of the contractor but not so as in any way to control the meaning or effect of the contract. The
contractor shall be bound to purchase and shall be supplied such materials as are from time to time required to be
used by him for the purpose of the contract only. The sums due from the contractor for the value of the actual
materials supplied by the Owner will be recovered from the running account bill on the basis of the actual consumption
of materials in the work covered and for which the running account bill has been prepared. After the completion of
the works, however, the contractor has to account for the full quantity of materials supplied to him as per relevant
clauses in this document.
56.2 The value of the materials as may be supplied to the contractor by the Owner will be debited to the contractor’s
account at the rates shown in the schedule of chargeable materials and if they are not entered in the schedule, they
will be debited at cost price, which for the purpose of the contract shall include the cost of carriage and all other
expenses whatsoever such as normal storage supervision charges which shall have been incurred in obtaining the
same at the Owner’s stores. All materials so supplied to the contractor shall remain the absolute property of the
Owner and shall not be removed on any account from the site of the work, and shall be at all times open for
inspection to the Engineer-in-Charge. Any such materials remaining unused at the time of completion or termination
of the contract shall be returned to the Owner’s stores or at a place as directed by the Engineer-in- Charge in
perfectly good condition, at contractor’s cost.

57 CONDITIONS FOR ISSUE OF MATERIALS:

i) Materials specified to be issued by the Owner will be supplied to the contractor by the Owner from his
stores/location. It shall be the responsibility of the contractor to take delivery of the materials and arrange for its
loading, transport and unloading at the site of work at his own cost. The materials shall be issued between the
working hours and as per the rules of the Owner framed from time to time.
ii) The contractor shall bear all incidental charges for the storage and safe custody of materials at site after these
have been issued to him.
iii) Materials specified to be issued by the Owner shall be issued in standard sizes as obtained from the manufacturer.
iv) The contractor shall construct suitable godown at the site of work for storing the materials safe against damage
by rain, dampness, fire, theft etc. He shall also employ necessary watch and ward establishment for the purpose.
v) It shall be duty of the contractor to inspect the material supplied to him at the time of taking delivery and satisfy
himself that they are in good condition. After the materials have been delivered by the Owner, it shall be the
responsibility of the contractor to keep them in good condition and if the materials are damaged or lost, at any
time, they shall be repaired and/ or replaced by him at his own cost, according to the directions of the Engineer-
in-Charge.
vi) The Owner shall not be liable for delay in supply or non-supply of any materials which the Owner has undertaken
to supply where such failure or delay is due to natural calamities, act of enemies, transport and procurement
difficulties and any circumstances beyond the control of the Owner. In no case, the contractor shall be entitled
to claim any compensation or loss suffered by him on this account.
vii) It shall be the responsibility of the contractor to arrange in time all materials required for the works other than
those to be supplied by the Owner. If, however, in the opinion of the Engineer-in-Charge the execution of the
work is likely to be delayed due to the contractor’s inability to make arrangements for supply of materials which
normally he has to arrange for, the Engineer-in-Charge shall have the right, at his own discretion, to Issue such
materials If available with the Owner or procure the materials from the market or elsewhere and the contractor
will be bound to take such materials at the rates decided by the Engineer-in-Charge. This, however, does not in
any way absolve the contractor from responsibility of making arrangements for the supply of such materials in
part or in full, should such a situation occur, nor shall this, constitute a reason for the delay in the execution of
the work.
viii) None of the materials supplied to the contractor will be utilized by the contractor for manufacturing item, which
can be obtained from standard manufacturer in finished form.
ix) The contractor shall, if desired by the Engineer-in-Charge, be required to execute an indemnity bond for safe
custody and accounting of all materials issued by the Owner.
x) The contractor shall furnish to the Engineer-in-Charge sufficiently in advance a statement showing his
requirements of the quantities of the materials to be supplied by the Owner and the time when the same will be
required by him for the works, so as to enable the Engineer-in-Charge to make necessary arrangement for
procurement and supply of the material.

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 xi) A daily account of the materials issued by the Owner shall be maintained by the contractor indicating the daily
receipt, consumption and balance in hand. This account shall be maintained in a manner prescribed by the
Engineer-in-Charge along with all connected papers viz. requisition, issues etc. and shall be always available for
inspection in the contractor’s office at site.
xii) The contractor should see that only the required quantities of materials are got issued. The contractor shall not
be entitled to cartage and incidental charges for returning the surplus materials, if any, to the stores/location
where from they were issued or to the place as directed by the Engineer-in-Charge.
xiii) Materials/ Equipment supplied by Owner shall not be utilized for any other purpose(s) than issued for.

58 MATERIALS PROCURED WITH ASSISTANCE OF OWNER:

Notwithstanding anything contained to the contrary in any or all the clause of this document where any materials for
the execution of the contract are procured with the assistance of Owner either by issue from Owner’s stock or
purchase made under orders or permits or licences issued by Government, the contractor shall hold the said materials
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 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 on his being paid or credited such prices as the Engineer in-Charge shall determine having due
regard to the condition of the materials. The price allowed to the contractor however, shall not exceed the amount
charged to him excluding the storage charges if any. The decision of the Engineer-in- Charge shall be final and
conclusive in such matters. In the event of breach of the aforesaid condition, the contractor shall in terms of the
licenses or permits, and/or for criminal breach of trust, be liable to compensate the Owner a 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 to be determined by the Engineer-in-Charge and his decision shall be final and conclusive.

59 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 66 & 70 hereunder, the materials obtained in the work of dismantling etc. will be considered
as the Owner’s property and will be disposed off to the best advantage of the Owner.

60 ARTICLES OF VALUE FOUND:

All gold, silver and other materials, of any description and all precious stones, coins, treasure relies, antiquities and
other similar things which shall be found in, under or upon the site, shall be property of the Owner 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 person indicated by the Owner.

61 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.

62 ALTERATIONS IN SPECIFICATIONS AND DESIGNS AND EXTRA WORK:

A) The Engineer-in-Charge shall have power to make any alterations in, omissions from, additions to of substitutions
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 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 respect on
which he agree to do the main work. The time for completion of work may be extended for the part of the particular
job at the discretions of the Engineer-in-Charge, for only such alteration, 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 for the work, 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 for the
work, the rates will be derived from the rates for similar class of works as specified in the contract for the

18
 work. The opinion of the Engineer-in-Charge as to whether the rates can be reasonably so derived from items
in the contracts 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 the contractor shall inform the Engineer-in-Charge of the rate which is his
intension to charge for such class of work supported by analysis of the rate or rates claimed, and the Engineer-
in-Charge shall determine the rates on the basis of the prevailing market rates of materials, labour cost at
schedule of labour plus 10% to cover contractor’s supervision, overheads and profit and pay the contractor
accordingly. The opinion of the Engineer-in-Charge as to the current market rates of materials and the quantum
of labour involved per unit of measurement will be final and binding on the contractor.

d) Provisions, contained in sub-clause (a) to (c) above shall not, however, apply:

Where the value of alterations / additions / deletions or substitutions exceeds beyond plus or minus 25% of the
estimated contract value (i.e. quoted item rates of contractor shall hold good for variations etc. within plus or
minus 25% of estimated contract value)

B) In the event and as a result of such alternatives / additions / substitutions / deletion, the scope of contract work
exceed the value stipulated in the contract by more than the limits given in clause (d) above, the Contractor shall
claim revision of the rates supported by the proper analysis in respect of such items for quantities in excess of the
above limits, notwithstanding the fact that the rates for such items exist in the tender for the main work or can be
derived in accordance with the provision of sub-clause (b) of Clause 62 A, and the Engineer-in-Charge may revise
their rates having regard to the prevailing market rates, and the contractor shall be paid in accordance with the
rates so fixed. But, under no circumstances the contractor shall suspend / stop / slowdown the work on the plea
of non-settlement of rates of items falling under this clause.

63 VARIATION IN CONTRACT VALUE :

Compensation for Reduction in Contract value due to change in quantity:

Upto & inclusive of (-) 25% of Total Contract Value (TCV): No cost compensation.

Beyond (-) 25% of TCV: Cost compensation @ 10% of reduction in the contract value from (-) 25% of TCV (i.e. 75% of
TCV).

Discount to be obtained for Increase in contract value due to change in quantity:

Upto & inclusive of (+) 50% of TCV: No discount.

Beyond (+) 50% of TCV: Reduction @ 10% of increase in the contract value beyond (+) 50% of TCV.

64 ACTION WHERE NO SPECIFICATIONS ISSUED:

In case of any class of work for which there is no such specification given by the Owner in the tender 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.

65 ABNORMAL RATES:

The contractor is expected to quote rate for each item after analysis of cost involved for the completion of item/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 tenderer unusually
are high or unusually low it wilt 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 tenderer on
demand.

66 INSPECTION OF WORK:

66.1 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 / workshop where situated premises /workshops of any person,
firm or corporation where work in connect 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 time 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 a responsible agent 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 any work in order that the same may be inspected and measured. In the event of breach of above
the same shall be uncovered at contractor’s expense carrying out such measurement or inspection.
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66.2 No materials shall be dispatched by the contractor before obtaining the approval of Engineer-in-Charge in writing.
The contractor is to provide at all times during the progress 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 Engine in-Charge.

67 ASSISTANCE TO THE ENGINEERS:

The contractor shall make available to the Engineer-in-Charge, free of cost necessary instruments and assistance in
checking of setting out of works and taking measurement of work.

68 TESTS FOR QUALITY OF WORKS:

68.1 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 place of manufacture 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 the Engineer-in-Charge.

68.2 All the tests necessary in connection with the execution of the work as decided by 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 test facility with the Owner, the required test shall be carried out at the cost of contractor
at government or any other testing laboratory as directed by Engineer-in-Charge.

68.3 If any tests are required to be carried out in connection with the work or materials 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.

69 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. All materials furnished and finishing
applied in actual work shall be fully identical to the approval samples.

70 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 authorised
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 charge 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 percentage of the estimated cost of the whole work, for every week limited to
a maximum of 10 per cent of the estimated cost of 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 expenses of the contractors in all respects. The decision of the Engineer-in-Charge as to any question arising
under this clause shall be final and conclusive.

71 SUSPENSION OF WORKS:

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.

72 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 has the alternative right, instead of assuming charge for entire work to place additional labour force, tools,
equipments and materials on such parts of the work, as the owner may designate or also engage another contractor
to carry out the 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.

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73 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. Such possessions or use shall not be deemed to be an acceptance of any work completed in
accordance with the contract agreement. If such prior possession or use by the Engineer-in-Charge delays the
progress of work, suitable adjustment in the time of completion will made and contract agreement shall be deemed
to be modified accordingly.

74 PERIOD OF LIABILITY FROM THE DATE OF COMPLETION OF WORK:

74.1 The contractor shall guarantee the installation/site work for a period of 06 (six) Months from the date of completion
of work, unless otherwise specified. Any damage 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 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. In case the defect arises within the abovementioned Defect Liability
Period (DLP) and the same is repaired/replaced, the DLP for the repaired/replaced job/item will be extended suitably
so as to cover the original DLP. However, in no case, such extension will exceed 24 months from date of start of initial
DLP.

74.2 If the contractor feels that any variation in work or in quality of materials or proportions would be beneficial or
necessary to fulfill the guarantee 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 etc., constructed
by the contractor is removed and work site cleaned to the satisfaction of Engineer-in-Charge.

74.3 Care of Works:

From the commencement to completion of works, the contractor shall take full responsibility for the care of all works
including all temporary works, and in case any damage, loss or injury happens to the works or to any part thereof
or to any temporary work, from any cause whatsoever, he shall at own cost 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 and the Engineer-in-Charge’s instructions.

74.4 Effects prior to taking over:

If 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 sub-contractor is defective or not in
accordance with the contract 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, notice given to the contractor in writing of the said decisions specifying
particulars of the defects alleged to exist or to have occurred, then the contractor shall at his own expenses and
with all speed make good the defects so specified.
In the case contractor shall fail to do so, the Owner may take, at the cost of the contractor, such steps 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. The decision of the Engineer-in-Charge with regard to the amount
be recovered from the contractor will be final and binding on the contractor. As soon as the works have been
completed in accordance with the contract (except in minor respects that do not affect their use for the purpose for
which they are intended and except for maintenance thereof provided in clause 74.1) and have passed the tests on
completion, the Engineer-in-Charge shall issue a certificate (hereinafter called completion certificate) in which he
shall certify the date on which the work have been so completed and have passed the said tests and the Owner shall
be deemed to have taken over the works on the date so certified. If the works have been divided into various groups
in the contract, the Owner shall be entitled to take over any group or groups before the other or others and thereupon
the Engineer-in-Charge shall issue a completion certificate which will however, be for such group or groups as taken
over only.

74.5 Defects after taking over:

In order that the contractor could obtain a completion certificate, he shall make good with all possible speed, any
defect arising from the defective materials supplied by the Contractor or workmanship or any act of omission of the
contract that may have been noticed or developed after the works or group of the works has been taken over. The
period allowed for carrying out such work will be normally one month. If any defect be not remedied within a
reasonable time, the Owner may proceed to do the work at the contractor’s risk and expense and deduct from the
final bill 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 by 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 which a completion certificate has 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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74.6 The Security Deposit/retention money deducted / furnished as per clause 18 of GCC shall be retained for the period
of liability as given in clause 74.1 above. This Retention amount or Bank Guarantee furnished against Security
Deposit/retention money shall be released only on expiry of the period of liability and also based on the certification
of the Engineer-in-charge that no defect/damage has been reported / observed during the stipulated period of liability
for the contract.

74.7 Performance of contractor shall be evaluated on each job by Engineer-in-Charge and recorded. Review of performance
will be carried out at appropriate intervals by BGRL.

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 SECTION VI

BILLS / MEASUREMENT / PAYMENT

75 SCHEDULE OF RATES AND PAYMENTS:

i) Contractor’s Remuneration

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

ii) Schedule of rates to be inclusive:

The prices/rates quoted by the contractor shall remain firm till the issue of final completion certificate and shall not
be subject to escalation. Schedule of rates shall be deemed to include and cover all costs, expense and liabilities of
every description and all risk of every kind to be taken in executing, completing and handing over the work to the
Owner by the Contractor. The Contractor shall be deemed to have known the nature, scope, magnitude and the
extent of the works and materials required, though the contract document may not fully and precisely furnish them.
He shall make such provision in the item rates as he may consider necessary to cover the cost of such items of work
and materials as may be reasonable and necessary to complete the works. The opinion of the Engineer-in- Charge
as to the items of work which are necessary and reasonable for completion of work shall be final and binding on the
contractor, although the same may not be shown on or described specially in contract documents.

Generality of this present provision shall not be deemed to cut down or limit in any way because in certain cases it
may and in other cases it may not be expressly stated that the contractor shall do or perform a work or supply articles
or perform services at his own cost or without addition of payment or without extra charges or words to the same
effect or that it may be stated or not stated that the same are included in and covered by the schedule of rates.

iii) Schedule of Rates to Cover Constructional Equipments, Materials, Labour etc.

Without in any way limiting the provisions of the preceding sub-clause the schedule of rates shall be deemed to
include and cover the cost of all constructional equipment, 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 this 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 a such articles, processes or materials, Octroi
or other municipal or local Board charges levied on materials, equipment or machineries to be brought to site for use
on work shall be borne by the contractor.

v) Schedule of Rates to Cover Taxes and Duties:

No claim or exemption or reduction of customs duties, excise duties, sales tax, quarry or any port dues, transport
charges, stamp duties or Central or States Government or Local Body or Municipal Taxes or duties, taxes or charges
(from or of any other body), whatsoever, will be granted or obtained, all of which expenses shall be deemed to be
included in and covered by the Schedule of Rates. Contractor shall also obtain and pay for all permits, or other
privileges necessary to complete work.

vi) Schedule of Rates to cover Risk of Delay:

The schedule of Rates shall be deemed to include and cover the risk of all possibilities of delay and interference with
the contractors conduct of work which occur from any cause including orders of owner in the exercises of his powers
and on account of extension of time granted due to various reasons and for all other possible or probable cause of
delay.

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 vii) Schedule of Rates cannot be altered:

For work under unit rate basis, no alteration will be allowed in the schedule of Rates by reason of work or any part
of them being modified, altered, extended, diminished or omitted. The schedule of Rates are fully Inclusive rates
which have been fixed by the contractor and agreed to the Owner and cannot be altered.
For lumpsum contract, the payment will be made according to the work actually carried out for which purpose an
item wise or workwise, Schedule of rates shall be furnished, suitable for evaluating the value of work done and
preparing running account bills.

76 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 authorise agent progressively. Such measurement will be got recorded
in the measurement book by the Engineer-in-Charge or his authorised representative and signed in token of accepted
by the contractor or his authorised 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 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) 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.

77 LUMPSUMS IN TENDER:

For the items in 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 this contract for such items, or if part of the
work in question is not In the opinion of the Engineer-in-Charge capable of measurement of determination, the owner
may at his discretion pay 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 or
sums payable to him under the provisions of the clause.

78 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 affect 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 affect the contract.
The final bill shall be submitted by the contractor within one month of the date of physical completion of the work,
and settled immediately but not later than 60 days otherwise the Engineer-in charge’s certificate of the measurement
and of total amount payable for the work accordingly shall be final and binding on all parties. The final bill shall be
presented by the contractor along with ‘No claim certificate’ in a format acceptable to the owner or such other
documents as directed by the owner.

79 EXTRA WORK:

Should the contractor consider that he is entitled to any extra payment for extra job carried out whatsoever in respect
of the works, he shall forthwith give notice in writing to the Engineer-in-Charge that he claims extra payment for the
extra work. Such notice shall be given to the Engineer-in-Charge within one week from the ordering of any extra
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 specified shall be an absolute
waiver thereof. No omission by the owner to reject any such claim and no delay in dealing therewith shall be waiver
by the owner of any rights in respect thereof.

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80 PAYMENT OF CONTRACTOR’S BILL:

Generally 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. But in case of works estimate to cost more than 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 sum 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.
75% payment of the Running Account bill (RA bill) shall be released within 15 calendar days of receipt of RA bill duly
certified by Engineer-in-charge (EIC) and the balance payment shall be released within 30 days of receipt of RA bill
by EIC after detailed scrutiny.

81 MODE OF PAYMENT:

Payment will be made to the contractor normally through NEFT mode.

82 COMPLETION CERTIFICATE:

82.1 Application for Completion Certificate:

When the contractor fulfills his obligation under clause 74.4, he shall be eligible to apply for completion certificate.
The contractor may apply for separate completion certificate 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 therefore 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.

82.2 Completion Certificate:

The contractor shall be furnished with a certificate 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, labour and staff colonies etc. constructed are removed and the work site
cleaned of all debris etc., as described in clause in 82.3 below and 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 expenses of the contractor remove such scaffolding, surplus materials
and rubbish and dispose off the same as he thinks fit and clean off such dirt 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 scaffolding or
surplus materials as aforesaid except for any sum actually realised by the sale thereof.

82.3 Clearing the site:

Cart away all debris generated from the work and dispose it off without giving rise to any complaints from local,
municipal or government authorities. Metal scraps or any other scrap including wooden packing materials shall be
disposed as instructed by the Engineer-in-Charge or as follows:
a) All unused scrap steel bar/ structural steel sections/pipe materials etc., (Free issue by owner) shall be the
property of the owner and the same shall be returned by the contractor category-wise at their own cost
to Owner’s store. The weighment slip issued by the Warehouse (in original) is required to be attached
along with the final bill/ material reconciliation statement. In case, the material is supplied by the
contractor, as per their scope of work, the scrap material generated out of the same should be taken out
at their own cost before the settlement of the final bill.
b) Insulation material (either issued by owner to the contractor or supplied by contractor) shall be kept in the
area allocated by owner. During the insulation activities, the contractor should keep the work area clean
on day-to-day basis. On completion of insulation job, all debris/packing should be taken out to the
designated location or as directed by the Engineer in charge for disposal at their own cost before the
settlement of the final bill.
82.4 The financial implication of above, if any, should be taken care of in the quoted rates; and no separate claim shall be
entertained on this account. The final bill of the contractor shall be linked with the area cleaning in all respects, including
removal of shuttering material, disposal of debris/scrap etc. to the entire satisfaction of Engineer-in- Charge.

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83 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 74 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.

84 CERTIFICATE FOR PAYMENTS AND EVIDENCE OF COMPLETION:

Except the final certificate, no other certificate 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 or any part thereof or occupancy or validity
of any claim by the contractor.

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 SECTION VII

TAXES/DUTIES/INSURANCE

85 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 in force or hereafter Imposed, increased or modified, from time to time in respect of work 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 Government 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 sub-contractors, 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 of Local
Authority by reason of any violation by contractor or sub-contractor 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 this contract by third parties, or by Central or State Government authority or any
administrative sub-division thereof.

86 INSURANCE:

Contractor shall at his own expenses 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 contractor or sub-contractor, of the
Employee State 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 this contract whether brought
by employees of the contractor, by third parties or by Central or State Government authority or any political
sub-division thereof.
The contractor agrees to filing, with the Employees State Insurance Corporation, the Declaration Forms
and all forms which may be required in respect of the contractor’s or sub-contractor’s employees whose
aggregate remuneration as fixed by the concerned authorities 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 sub-contractor 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 sub-contractor to
remit to the authorized bank, Employee’s 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 contribution, making contribution or
maintaining records shall be to the contractor’s or sub-contractor’s account.
The Owner shall retain such sum as may necessary, from the total contract value until 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 Insurance:
Insurance shall be effected for all the Contractor’s employees engaged in the performs of this contract, if
any of the work is sublet, the contractor shall require the sub-contractor to provide workman’s
compensation and employer’s liability Insurance for the latter’s employees if such employees are not
covered under the contractors insurance.
iii) Any other Insurance Required Under Law or Regulations or by Owner:
Owner shall cover Project Material and Equipments under and over all Marine-cum-Erection Insurance
Policy. Contractor shall carry and maintain any and all other insurance which be required under any law or
regulation from time to time. He shall also carry and main 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 this contract and these insurance 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

27
 made good by the insurance company, should such damage or toss result from unauthorised use of the
vehicle.

87 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 premise all the work of the Owner, if such loss or
damage is due to fault and/or the negligence willful acts or omission of contractor, his employees, agents,
representative or \ sub-contractor.
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 results from the fault
and/or negligence or willful acts or omission of contractor, his employees, agents, representatives or sub-
contractors.

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 SECTION VIII

LABOUR LAWS AND OTHER REGULATIONS

88 LABOUR LAWS:

i) No labour below the age of eighteen years shall be employed on the work.

ii) The contractor shall not pay less than what is provided under the Minimum Wages Act for the applicable
trade or category of workman to the worker engaged by him on the work and also ensure that any sub-
contractors engaged by him also pay not below the applicable minimum wages under the Act and hold the
company, indemnified in respect of any claims that may arise in respect or non-compliance with this
requirements.

iii) The contractor shall observe all the formalities required under the provisions of the contract labour
(Regulation and abolition) Act 1970 and the rules made thereunder and as may be amended from time to
time. He shall pay the required deposit under the Act Appropriate to the number of workmen to be employed
by him or through sub-contractor and get him self registered under the Act. He shall produce the certificate
of registration granted by the Govt. authority under the Act to the company before commencement of
work. The company recognises only the contractor and not his sub-contractors under the provisions of the
Act. The contractor will have to submit daily a list of his employees, who will be entering the Company’s
premises for the work awarded. He will also keep his wage register available at all times as close to the
work site as possible and produce the same for inspection whenever required by designated Company
officials. If the company so desires, a deposit may be taken from the Contractor to be refunded only after
the Company is satisfied that all the workmen employed by the contractor have been fully paid for the
period of work in Company’s premises at least at rates equal to or better than wages provided for under
the Minimum Wages Act.

iv) The Contractor will comply with the provisions of the employee’s Provident Fund Act and the Family Pension
Fund Act as may be applicable and as amended from time to time. Contractor shall obtain their own
provident fund account number. Offer of the contractor who does not have provident fund account will be
liable for rejection.

v) The Contractor will comply with the provisions of the Payment of Gratuity Act 1972 as may be applicable
and as amended from time to time.

89 IMPLEMENTATION OF APPRENTICES ACT 1961:

The Contractor shall comply with provisions of the Apprentices Act 1961 and the Rules/orders issued thereunder 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 act.

90 CONTRACTOR TO INDEMNIFY THE OWNER:

i) The contractor shall indemnity 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, and expenses
whatsoever arising out of or in connection with the matters referred to in clause 86 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 by law
in respect of or in consequence of any accident or injury to any workmen or other person in the employment
of the contractor or his sub-contractor and 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, thereof or in relation thereto.

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 incurred by the Owner shall be charged to and paid the Contractor and the contractor
shall not be at liberty to dispute or question the rig of the Owner to make such payments notwithstanding
the same may have been made without his consent or authority or in law or otherwise to the country.

In every case to which by virtue of the provisions of Section 12, sub-section (I) of workmen’s compensation
Act 1923 or other applicable provisions of workmen’s Compensation Act any other Act, the Owner is obliged
to pay compensation to a workmen employed by contractor in execution of the works, the Owner will
recover from the contractor the amount of compensation so paid and without prejudice to

29
 the rights of Owner under Section 12 sub-section (2) of the said Act. Owner shall be at liberty to recover
such amount or any part thereof by deducting it from the security deposit or from any sum due to the
contractor whether under the contract or otherwise. The Owner shall not be bound to contest any clime
made under Section 12, sub-section (I) of the said Act except on the written request of contractor and
upon his giving to the Owner full security for all costs for which the Owner might become liable on
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 work. All employees engaged by the contractor shall be on his/ their payroll and
paid by him/ them. All disputes or differences between the contractor and his/ their employees
shall be settled by him/ them. Owner has absolutely no liability whatsoever concerning the
employees of the contractor. The contractor shall indemnify owner against all loss or damage or
liability arising out of or in the course of his/ their employees. The contractor shall make regular
and full payment of wages without giving any complaint by any employee of the contractor or
his sub-contractor regarding non-payment of wages/ salaries or other dues. Owner reserves the
right to make such payments directly, to such employee or sub-contractor of the contractor and
recover the amount in full from the bills of 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 of his employees and also of
employees of his sub-contractor.

b) The Contractor shall advise in writing to all of his employees and the employees of his sub-
contractor as follows:

It is fully understood that your appointment and/ or deployment is only in connection with the
owner and it does not give you any right of claim for employment by owner.

91 HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS:

In respect of all labour directly employed in the works for performance of the contractor’s par this agreement, 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.

92 SAFETY REGULATIONS:

i) In respect of all labour, directly or indirectly employed In the work for the performance of contractor’s part
of this agreement, the contractor shall at his own expenses arrange for all safety provisions as per safety
codes of C.P.W.D. Indian Standard Institution, the Electricity Act, The Mines Act and any such other acts
as applicable.

ii) The Contractor shall ensure that he, his sub-contractor and his, or their personnel or representatives shall
comply with all Fire / Safety regulations issued from time to time by the Company 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 company harmless and indemnified.

93 ARBITRATION:

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question
regarding its existence, validity, construction, interpretation, application, meaning, scope, operation or effect of this
contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure
mentioned herein below :
(a) The dispute or difference shall, in any event, be referred only to a Sole Arbitrator
(b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration
Rules for the time being in force or as amended from time to time
(c) The Seat of arbitration shall be at _______
(d) The proceedings shall be conducted in English language
(e) The cost of the proceedings shall be equally borne by the parties, unless otherwise directed by the Sole
Arbitrator.

94 JURISDICTION:

The contractor shall be governed by the Laws in force in INDIA. The contractor hereby submits to the jurisdiction of
the Courts situated at Mumbai/(Ernakulam-in the case of Kochi Refinery), for the purpose of actions and proceedings
arising out of the contract and the courts at Mumbai/(Ernakulam-in the case of Kochi Refinery), only will have
jurisdiction to hear and decide such actions and proceedings.

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95 Order of Precedence for works / Services Contracts:

1. Contract Agreement (in GCC)

2. Detailed letter of Acceptance along with its enclosures
3. Letter of Award / Fax of Acceptance
4. Job Specifications (specific to particular job only)
5. Drawings
6. Special Conditions of Contract (SCC)
7. Technical Specifications
8. Instructions to Bidders
9. General Conditions of Contract (in GCC)
10. Other Documents

Additionally, any variation or amendment / change order issued after signing of formal contract shall take precedence
over respective clauses of the formal contract and its Annexures.

96 LIMITATION OF LIABILITY

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price,
except that this Clause shall not limit the liability of the 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 Contractor or any
person acting on behalf of the Contractor; or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence
which a conscientious 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 Contractor or any
person or firm acting on behalf of the Contractor in executing the Works. Neither Party shall be liable to the other
Party for any kind of indirect or consequential loss or damage like, loss of use, loss of profit, loss of
production or business interruption which is connected with any claim arising under the Contract.

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 SECTION - IX

MEMORANDUM OF AGREEMENT

An agreement made this day of 20 between BHARAT GAS RESOURCES

LTD a Company Incorporated in India and having its registered office at Ballard Estate, Mumbai, (herein after
referred to as ‘the Company’ which expression shall include its heirs, legal representatives, successors and
permitted assignees) of the one part, and

(herein after referred to as “The Contractor” which expression shall include its heirs, legal representatives,
successors and permitted assignees) of the other part, whereby it is agreed:-
1. The Contractor shall carry out and complete the work as mentioned in the Purchase order/Contract No.
dated , (hereinafter referred to as “the work”) for the Company at its specified site to its
complete satisfaction in accordance with the specifications, schedule of rates and plans attached as per Purchase
order/Contract and with the instructions given from time to time, by the Company’s authorized engineer under
whose supervision the work shall be-executed. The parties hereto agree that this agreement shall be effective
from the date of the aforesaid Purchase Order/Contract.

2. Inspection of site: The Contractor has been given an opportunity before or at the time of the entrusting of the
work to him of making an inspection of the site to set at rest any doubt he may have had about the difficulties
attending his offer, and any difficulties which may be met with by him in the course of the execution of the work
shall neither relieve him from fulfilling the terms of this Agreement, nor entitled him to claim extra payment or
an extension of the period stipulated for the completion of the work, except where it will be agreed by the
Company’s authorized Engineer that such difficulties could not have been foreseen.

3. Supply of Labour and Materials: The Contractor shall furnish all labour, materials, equipment or tools
necessary for the construction of the work, except such materials, equipment or tools as will be supplied by the
Company and are detailed in Purchase order/Contract. The contractor will assume full responsibility for the
protection and safety of the work during its construction. The details and dimensions shown on the said plans
referred to in the Purchase order/Contract shall be strictly adhered to by the contractor and no alterations shall
be made therein unless previous sanction thereto has been given in writing by the Company.

(a) The Contractor shall prepare detailed and shop drawings and any other data required.

(b) All materials supplied by the Contractor shall be of the best quality. The Contractor shall at his own cost
arrange for and/or carry out any test of materials, which the Company’s authorized Engineer may
require.

(c) The Contractor shall at the request of the Company’s authorized Engineer immediately dismiss from the
work any person employed thereon who, in the opinion of the Company’s authorized Engineer, is
unsuitable or incompetent or who, has been guilty of misconduct, and such person shall not again be
employed or allowed on the works without the permission of the Company, in writing.

4. E. & O. E. No advantage is to be taken either by the Company or the Contractor of any clerical error or mistake,
which may occur in the specification, schedule of rates, plans, tender or any other papers supplied to or by the
contractor in connection with the work.

5. Damage on account of Incomplete work: The Contractor shall commence the work and shall complete the
work as mentioned in Purchase order/Contract failing which the Contractor shall pay or allow to the Company to
recover as liquidated damages, at the rate of minimum 0.5% per week of delay or part there of up to a maximum
of 5% of the total contract value, if Liquidated damages clause is made applicable in the contract. Such damages
may be deducted by the Company from any amount due to the contractor; otherwise they shall be recoverable
by lawful means.

6. a) Determination of the Agreement: The company shall, at any time, be entitled to determine and terminate
the contract, if in the opinion of the company, the cessation of the work becomes necessary owing to paucity of
funds or for any other cause whatsoever. On such determination / termination, the cost of approved materials,
brought by the contractor and lying at the site, at current market rates as verified and approved by company’s

32
 engineer and of the value of the work done to date by the contractor shall be paid for in full at the rate specified
in the contract. A notice in writing from the company to the contractor of such determination and termination
and reasons therefore shall be the conclusive proof of the fact that the contract has been so determined and
terminated by the company.
Should the contract be determined as above and the contractor claims payment to compensate expenditure
incurred by him in the expectation of completing the work, the company shall consider and admit such claim as
are deemed fair and reasonable and are supported by the vouchers to satisfaction of the engineer-in-charge. The
company’s decision on the necessity and propriety of such expenditure shall be final and conclusive and binding
on the contractor.
The contractor shall not be entitled to get any possible loss of profit that he could have earned had the contract
been not determined / terminated under the above clauses of this article.
b) Termination/Offloading: The contractor fully understands that timely completion of the work as per the
schedule is of paramount necessity as otherwise it would lead to adversely affecting the schedules of other
works/project with resultant financial and other losses to the Company. In view of this, the contractor
unconditionally agrees and binds himself to be liable for all the consequences for non-completion of the work
within the stipulated time.
In case a situation is brought about by the contractor warranting termination/off-loading of the whole or any part
of the work for any reason whatsoever, the Company shall have the liberty and right to entrust/engage/award
the work so terminated off loaded at the risk and cost of the contractor to any other agency/contractor by adopting
any mode of inviting tenders, i.e. open/limited/single party/negotiation basis etc. in order to ensure completion
of the work as per the schedule or at the quickest possible time.

7. Defective Work / Materials: If the work done by the Contractor or any part there of shall be found defective
in workmanship or by reason of bad or inferior materials used, then in such case he shall at his own risk and cost
without delay, demolish all such defective work and rebuild or replace the same in a satisfactory manner. The
Company may, if necessary, at the cost and risk of the Contractor, temporarily stop all other activities by the
Contractor in connection with the work until such time as the defective work has been rebuilt or replaced at the
Contractor’s cost. In case of default on the part of the contractor to remove defectives work and rebuild or replace
the same without delay and in a manner satisfactory to the Company, the Company shall be entitled to employ
another Contractor or its own workman to carry out the removal and rebuilding or replacing at the risk and cost
of the contractor.

8. Substitution of Contractor : If the Company finds it necessary to employ a person or persons for the purposes
provided in clauses 6 (b) and 7 above, then the Company may deduct and retain from out of the sums due to
the contractor all such amounts as they may require to pay or to reimburse themselves there from in respect of
the costs and expenses which they have incurred in completing the work and or in removing defective work and
rebuilding or replacing the same in a manner satisfactory to the Company and if such amounts be more than the
sums due or thereafter becoming due to the Contractor, than the balance, shall be a debt recoverable from the
Contractor by the Company. The Contractor shall not in any manner do or cause to be done any act, matter or
things whatsoever to prevent the person or persons so employed by the Company from removing defective work
and re-building or replacing the same in a manner satisfactory to the Company and/or from, completing the work
in the manner aforesaid.

9. Removal of Material: On the Determination of the Agreement as referred to in Clause 6, the Contractor shall
at his own risk and cost remove from site within Seven days all his materials, equipment and tools. It is agreed
that in case of such determination the company shall be entitled to purchase from the Contractor such materials
as will be approved by the Authorized Engineer of the Company at the prices then current. If the Contractor does
not remove the other materials, equipment and tools which he has been asked to remove within the time
prescribed as aforesaid, the Company may remove and sell the same holding the proceeds less the cost of
storage, removal and sale to the credit of the Contractor. Should Company incur any loss in respect of the sale,
it shall be entitled to recover same from the Contractor.

10. Inspection of work: Inspection will be made periodically during the progress of the work by the authorized
Engineer of the Company and all work performed must be of acceptable quality of which the said Engineer-in-
Charge will be the sole judge.

11. Supervision: The Contractor shall during the whole time the work is in progress, employ one or more competent
and technical English speaking Supervisors acceptable to the Company’s authorized Engineer, one of whom at
least shall be in constant attendance at the site while persons are at work there. Any directions, explanations,
instructions, or notices in connection with the work given by the Company’s authorized Engineer to these
Supervisors shall be deemed to have been given to the Contractor.

12. Payment: The Company, in consideration of the contractor carrying out and completing the said work at the
Company’s said site, to the satisfaction of the Company, shall pay the contractor as per the said schedule of
33
 Rates, subject to deductions, retentions and abatements, if any to be made therefrom in accordance with the
provisions of this Agreement. During the progress of the work and provided the work is progressing according to
the time-table laid down to the contractor, the contractor shall be entitled once a month to receive advance
payment on the above mentioned sum proportionate to such part of the work as shall have been executed during
the preceding month but only after such part of the work as has been executed has been inspected and approved
by the Company’s authorized Engineer. From such interim payments each time 10% will be withheld as Security
deposit and this 10% will be paid to the Contractor after the defect liability period, provided that any defects
appearing during that period are corrected by him. OR
100% payment will be made on the basis of actual executed quantities after satisfactory completion and due
certification by BGRL Engineer-in-charge. In lieu of 10% Retention money towards Security deposit, contractor
shall submit bank guarantee of equivalent amount of retention money (10% of contract value) before submission
of 1st Running Account (RA) bill valid for defects liability period specified. Further, the Bank Guarantee shall have
a claim period of six months beyond the date of expiry, and the same shall be mentioned clearly in the Bank
Guarantee.

13. Defects after Completion: Any defects which may appear within the defect liability period specified shall, upon
the directions in writing of the Company and within such reasonable time as shall be specified therein be amended
and made good by the Contractor, at his own cost unless the Company shall decide that the Contractor will be
paid for such amending and making good, and in case of default on the Contractor’s part, the Company may
amend and make good or have amended and made good such defects and all damages, losses and expenses
consequent thereon, incidental to those shall be borne by the Contractor and such damages, losses and expenses
shall be recoverable from him by the Company or may be deducted by the Company from any moneys due to or
thereafter becoming due to the Contractor. Alternatively, the Company may, in lieu of such amending and making
good by the Contractor elect to deduct from any moneys due or thereafter becoming due to the Contractor a
sum to be determined by the Company sufficient to cover the cost of amending and making good such defects,
and in the event of the amount withheld in accordance with Clause 12 being insufficient, recover the balance
from the Contractor together with any expenses the Company may have incurred in connection with such
recovery. Should any defective work have been done or bad inferior materials supplied by any Sub-Contractor
employed on the work, has been approved by the Company as provided in Clause 15, the Contractor shall be
liable to amend and make good in the same manner as if such work or materials had been done or supplied by
the Contractor. The Contractor shall remain liable under this Clause notwithstanding the signing by the Company’s
authorized Engineer of any certificate or the passing of any account.

14. Alterations: The Company reserves the right at any time to alter any quantities of any item indicated in the
Purchase order/Contract, in which case the total amount payable to the Contractor shall be less or higher,
proportionate with the reduction or increase in quantity of such item, allowance for which will be made at the
Contractor’s agreed rates.

15. Subletting Agreement: The Contractor shall not sublet or assign the work or any part thereof to another party
without the written consent of the company and no such subletting or assignment shall relieve the contractor from
the full and entire responsibility of his obligation under this Agreement.

16. Cancellation: The Company shall at any and all times during the period stipulated for the work, has the right
forthwith to cancel this agreement by giving written notice thereof to the Contractor and in such case the
Contractor shall be paid for such part of the work as has been executed by him up to the date of cancellation, on
the basis of schedule of rates as per Purchase order/Contract and shall be reimbursed by the Company for the
cost and expenses incurred by him but which would now be wasted as a direct consequence of the cancellation
of the Agreement.

17. Workmen’s Compensation Liability: The Contractor shall hold the Company harmless and indemnified from
and against all claims, costs and charges for which the Company shall be liable under the Workmen’s
Compensation Act, 1923 and any amendments thereof and the expenses to which it shall be put thereunder, both
in respect of personal injuries (within the meaning of the said Act) to the employees and servants of the Contractor
or Sub-Contractors, (if any), arising out of, or occasioned during the currency of this agreement through the acts
or omissions, whether due to negligence or not of the Contractor, Sub-Contractor and/or Company and/or their
respective servants and employees and also in respect of the personal injuries (within the meaning of the said
Act) to the servants and employees of the Company arising out of, or occasioned through the acts and omissions
whether due to negligence or not of the Contractor, Sub-Contractor and or their servants and employees in
carrying out any of the provisions of this Agreement. This indemnity shall be in addition to and not in lieu of any
indemnity to which the Company shall be entitled in law. The Contractor shall at his own expense effect and
maintain, until the completion of the work, with an approved office a Policy of Insurance in the joint names of
the Company and the Contractor, against such risks and deposit such Policy or policies with the Company from
time to time during the currency of this Agreement. The Contractor shall be responsible for anything not included
in the Insurance Policies above referred to and also for all other damage to person or property arising out of or
34
 incidental to the negligent or defective carrying out of this agreement and shall keep the Company harmless and
indemnified. He shall also indemnify the Company in respect of any costs, charges or expenses arising out of any
claim or proceedings and also in respect of any award of compensation or damages arising therefrom. The
Company shall be entitled to deduct the amount of any damages compensation costs, charges and expenses
arising or accruing from or in respect of any such claim or damages from any sum or sums due or thereafter
becoming due to the Contractor.

18. Safety Regulation: The Contractor shall ensure that he/his Sub-Contractor and his, or their personnel or
representatives shall comply with all safety regulations issued from time to time by the Company or otherwise
howsoever and should any injury resulting in death or not or damage to any property occur as result of failure to
comply with such regulations the Contractor shall be held responsible for the consequences thereof, shall keep
the Company harmless and indemnified.

19. ARBITRATION: Any dispute or difference whatsoever arising out of or in connection with this Agreement
including any question regarding its existence, validity, construction, interpretation, application, meaning, scope,
operation or effect of this contract or termination thereof shall be referred to and finally resolved through
arbitration as per the procedure mentioned herein below :

(a) The dispute or difference shall, in any event, be referred only to a Sole Arbitrator

(b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of
Arbitration Rules for the time being in force or as amended from time to time

(c) The Seat of arbitration shall be at _______

(d) The proceedings shall be conducted in English language

(e) The cost of the proceedings shall be equally borne by the parties, unless otherwise directed by the Sole
Arbitrator.

20. Jurisdiction:

The contractor shall be governed by the Laws in force in INDIA. The contractor hereby submits to the jurisdiction
of the Courts situated at Mumbai/(Ernakulam-in the case of Kochi Refinery), for the purpose of actions and
proceedings arising out of the contract and the courts at Mumbai/(Ernakulam-in the case of Kochi Refinery), only
will have jurisdiction to hear and decide such actions and proceedings.

21 Minimum Wages:

The Contractor, his executors and administrators (and in the case of a Limited Company, its successors and
assigns) shall hold the Company harmless and indemnified from and against all claims, costs and charges, for
which the Company shall be liable under the Minimum Wages Act, 1948, the Contract Labour (Regulation and
Abolition) Act, 1970 and any amendments or modifications thereof, and all expenses it shall be put thereunder
through the acts or omissions whether willful or not on the part of the Contractor. This indemnity shall be in
addition to and not in lieu of, any indemnity to which the Company shall be entitled in law.

22. Employees State Insurance: This Contractor hereby admits that he is fully aware of his responsibilities under
the Employees State Insurance Act, 1948, as an immediate employer of the employees engaged by him for the
execution of this contract which he agrees to discharge. The Contractor acknowledge the statutory right of the
company (as a Principle Employer) to recover the amount of the contributions, paid by it in the first instance in
respect of the employees employed by or through him (the Contractor), as well as the employee’s contribution,
if any, either by deduction from any amount payable to him by the Company under any contract or as debt
payable by him to the Company.

35
In witness where of the said contracting parties have set their hands.

Witness
For BHARAT GAS RESOURCES LTD. For BHARAT GAS RESOURCES LTD.

Witness
Contractor’s witness - Signature Contractor’s Signature
Name & Address:- Name & Address:-

36
 PROFQRMA OF BANK GUARANTEE

(On non-judicial paper of appropriate value)

FOR EARNEST MONEY / SECURITY DEPOSIT TOWARDS PERFORMANCE

To
BHARAT GAS RESOURCES LTD.

Dear Sirs,

M/s. have taken tender for the work CRFQ No/PO

No

for BHARAT GAS RESOURCES LTD.

The tender Conditions of Contract provide that the Contractor shall pay a sum of Rs.
(Rupees ) as earnest money/security deposit in the form therein mentioned. The form
of payment of earnest money/security deposit includes guarantee executed by Scheduled Bank, undertaking full responsibility to indemnify
BHARAT GAS RESOURCES LTD. in case of default.

The said have approached us and at their request and in consideration of the premises
we having our office at have agreed to
give such guarantee as hereinafter mentioned.

1. We hereby undertake and agree with you that

if default shall be made by M/s. in performing any of the terms and
conditions of the tender or in payment of any money payable to BHARAT GAS RESOURCES LTD. We shall on demand pay to you
in such matter as to you may direct the said amount of Rupees only or such portion
thereof not exceeding the said sum as you may from time to time require.

2. You will have the full liberty without reference to us and without effecting this guarantee postpones for any time or from time to
time the exercise of any of the powers and rights conferred on you under the contract with the said and to
enforce or to for bear from endorsing any power of rights or by reason of time being given to the said which under law relating
to the sureties would but for provision have the effect of releasing us.

3. Your right to recover the said sum of Rs. (Rupees ) from us

in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the
said M/s. and/or that any dispute or disputes 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 but shall in all respects and for all purposes be
binding operative units payment of all money due to you in respect of such liabilities is paid.

5. Our liability under this guarantee is restricted to Rupees Our guarantees shall remain
in force until unless a suit or action to enforce a claim
under Guarantee is filed against us within six months from
(which is date of expiry of guarantee) all our rights under the said guarantee shall be
forfeited and shall be relieved and discharged from all liabilities thereunder.

6. We 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.

37
 BHARAT GAS RESOURCES LTD

ACKNOWLEDGEMENT

We, M/s. having office at received

the copy of GENERAL CONDITIONS OF CONTRACT and confirm our acceptance to all the terms and conditions as mentioned herein
in this General Conditions of Contract and we are hereby returning this copy of Acknowledgement duly signed.

For & on behalf of M/s.

Signature :
Name :

Designation :
( Seal / Stamp )

Place :

Date :

38