The roles and responsibilities of the Graduate Engineers …€¦ · SCOPE OF WORK AND TERMS & CONDITION Signature : Seal : The roles and responsibilities of the Graduate Engineers

TENDER NO : CRFQ : 1000291280 DT 12/10/17 ANNEXURE III

SCOPE OF WORK AND TERMS & CONDITION

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The roles and responsibilities of the Graduate Engineers on contracts at LPG Plant : Currently the positions mentioned in Annexure II are to be filled immediately or within max 30 days period from date of LOI. These are temporary positions for a period of 3 year only and can be extended for a period of 3 months at the sole discretion of BPCL. The details of the profile of the candidates, roles and responsibilities are given in the following paragraphs:

Effective supervision of bottling operations.

Ensure pre-filling checks are carried out. Segregate DPT, hot repair,

spurious, rejected OMC cylinders.

Ensure post-filling checks are carried out.

Carry out carousal performance checks as per norms.

Monitor Performance of Bottling Equipments viz. Carousal, VLD/OLD,

Check Scale, HAS, washing Unit, cold repair and evacuation unit, VCM,

Purging unit.

Monitoring of Cylinder Inventory. Inspection of Market return Cylinders /

recommendation for credit

Vessel line up for Bulk Decantation and filling

To co-ordinate with planning officer for production planning.

To carry out SQC and do analysis for in-house rejection/deviations and

market defect. To ensure nil defective cylinder supply to Market.

Eliminate idle running of equipment and wastage of power and water.

Implement preventive maintenance schedule. Daily/weekly checks of all

equipment in filling shed and also DG, Air Compressor, LPG Pump and

compressor, Fire engine.

Liaise with Engineering Officer and carry out planned maintenance and

attend day to day maintenance of all equipments related to bottling

operations in order to achieve uninterrupted performance of equipment.

Monitoring of Minimum spares required for maintenance activities

Maintain all quality assurance equipment such as CVT, VLD, OLD, Check

Scale, Test Bath, Correction Unit, and Sealing Unit in excellent condition

Monitoring of consumable viz. Caps, SC Valves, PVC seals, O’ Ring,

Brown soap, Paint, etc.

Receive and carry out inspection of new, hydro tested & hot repair

cylinders and ensure purging

Cap repair, Valve salvaging, Stay plate repair, DPT listing.

Effective cost control measures through nil lost-time, control on wastage

of consumables, effective power saving, innovative ideas, control on OT,

utilization of available manpower, product loss control, nil market returns

etc.



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Supervision of in-house hydro testing of DPT cylinders, ETP, STP, rain

water harvesting.

Any other job allotted from time to time by the BPCL plant-in-charge.

SCOPE OF WORK: Hiring, placement & supervision of manpower with the following qualifications are required at various LPG Plants spread across India as mentioned above. a. Educational Qualification: Graduate Engineer of Mechanical / Electrical / Instrumentation / Chemical / Petroleum Engg discipline. b. No. of Engineers required: Max. 90 nos of Graduate Engineers are required with the mix disciplines from Mechanical / Electrical / Instrumentation / Chemical / Petroleum Engg streams as per the BPCL's requirement. c. Job Responsibility of the Graduate Engineers: The Graduate Engineer shall execute / assist in performing various operations / maintenance activities at the locations as per the Roles & Responsibilities mentioned in above. He will report to the BPCL LPG Plant Location In-Charge (TC) / Territory Manager (TM) who will be responsible and accountable for all activities performed at the locations. The activities to be performed at the locations shall be given by the Location In-Charge and which shall be abiding on the Graduate Engineer. d. Conveyance: The conveyance shall be provided by BPCL for picking the Graduate Engineers from the nearest city of residence to the location of the posting and will be dropped to the city of residence tentatively. The location from / to will be set by Location In-charge. The pick-up shall be provided from/ to the location of posting from one of the designated place in the mentioned city from where BPCL Officers are being picked up. It will be responsibility of the Engineer to reach the designated place within the city as mentioned below on his own so that he along with the officers who will be visiting the location can travel in one vehicle as provided by BPCL wherever applicable. Where the vehicle is not provided, the Engineer has to report the location of posting on his own.



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e. Timing of duty:

1. The Graduate Engineers shall be providing his support in the shift duty as set by the BPCL Location Incharges of the respective location.

2. The shift duty will be for the 8 hours (excluding lunch / dinner time) and the Engineer will be put in any shift i.e. 1st, 2nd and 3rd Shift (Night) depending on the work requirement as decided by the Location Incharge.

3. The timing of the shift (start time of the shift and end time of the shift) shall be

decided by the BPCL Location Incharge based on the requirement of the location and shall be abiding on the Engineers on hire.

4. Weekly off shall be given at the end of 6 days of work (48 hours of working)

for 1 day. The off day shall be decided by the BPCL Location Incharge of the respective location.

f. Selection and Training:

1. The Contractor, on or after award of the work shall name and depute

qualified personnel.

2. The Graduate Engineers offered by contractor shall be subjected to a basic level Interview to be conducted by BPCL and the decision of the BPCL will be final on the selection.

3. All selected Graduate Engineers shall be trained on the basic requirement of

job including terminal / plant operations, safety, etc. complete for 1 week organise by BPCL. In addition to the same, GEs need to attend all the subsequent training programs on time to time conducted by Plants / ROs.

g. Canteen Facility :

Canteen facility, if available at LPG plant, will be provided to Graduate Engineers at chargeable basis.

GENERAL INFORMATION ABOUT LOCATION, CONTRACTOR’S RESPONSIBILITY :

1 LOCATION OF SITE & ACCESSIBILITY:

Entry into the BPCL areas is restricted depending on location/site. Only pass holders and 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



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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 CONTRACTOR’S STAFF AND THEIR CONDUCTS:

a. If and whenever any of the Contractor’s employees shall in the opinion of Officer-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 Officer-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 Officer-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 Officer-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.

b. The contractor shall be responsible for the proper behavior of all the staff, 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 Officer-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.

c. All contractors’ 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.

3.POWER OF ENTRY: If the contractor shall not provide the manpower services in the manner previously described in the contract document or if the provided associate shall, at any time in the opinion of the Officer-in-Charge.

i. Fail to carryout the works in conformity with the contract documents, or



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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 Officer-in-Charge, or iv. Fail to carryout and execute the works to the satisfactions of in- Charge.

4. CONTRACTORS RESPONSIBILITY ON STATUTORY OBLIGATIONS : 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. The contractor shall ensure compliance of provisions of all central/state labour laws applicable from time to time. Any liability incurred by Company (BPCL) on account of non compliance/violation of labour laws, an equivalent amount along with Fine shall be recovered from any dues payable to the contractor. The contractor should ensure Compliance of Labour Laws and required documentary evidence shall be submitted to BPCL whenever demanded.

[a] Provident Fund The contractor shall comply with the provisions of The Employees Provident Fund and Miscellaneous Provisions Act, 1952 and shall have Provident Fund Account, duly allotted to him by Competent PF Authorities. The contractor shall deposit Employer and Employees Contribution within prescribed time and manner along with all other dues payable to PF authorities.

[b] Gratuity The Contractor shall be advised by the Corporation from time to time regarding Gratuity payment. However, presently the Gratuity payable is at the rate of 15 days salary for a service period of 1 year.

[c] ESIC / Professional Tax

If applicable, the contractor shall comply with The Employees State Insurance Act, 1948 and shall deposit the monthly employees and employers contributions in the prescribed account number within specified time. In case of non applicability of the provisions of ESIC Act, the contractor shall comply with the provisions of The Workmen Compensation Act, 1923 and shall cover all his workmen deployed at company's premises under Group Personal Accident Insurance Scheme / Medical Claims / Employee Compensation policy in



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consultation with BPCL. Professional tax shall be borne by the contractor, wherever applicable.

[d] Labour Licence The contractor shall obtain Labour License under the provisions of The Contract Labour (R&A) Act, 1970 in case the strength of the workmen deployed by them in any premise of the company exceeds 19 on any day.

[e] Muster / Registers :

The Contractor would be required to maintain daily attendance register, PF/Medi claim/ESIC payment records, etc. and all other records as per statutory requirements and/or as required by the Corporation. A copy of the salary register will have to be submitted to the Company along with the monthly bills. Successful bidder is also required to submit the list of staff working under him / her contract with their complete address/photo etc. for records. The payment of the monthly salary to the Graduate Engineers should be done on or before 7th of every month through NEFT or Cheque and records to be submitted to BPCL office.

[f] Wages i. The contractor shall comply with the provisions of The Minimum Wages

Act, 1948 and shall pay Minimum wages to the Engineer as mentioned in the tender at BPCL.

ii. The contractor shall comply with The Payment of Wages Act, 1936 and shall pay wages of the Engineer deployed by him at BPCL Office premises within prescribed time limit after close of wage period.

i. Any vendor quoting below the minimum wages as given in the tender will not be considered for evaluation and appointment.

List of records / register to be maintained under various labour laws as under.

1) Register showing details of the workmen Form No.XIII. 2) Attendances register Form No.XVI. 3) Wages register Form No.XVII. 4) Attendance cards given to workers. 5) Wages slip Form No. XIX. 6) Register of deduction for damage or loss Form No.XX. 7) Fine register Form No. XXI. 8) Advance registers Form No. XXII 9) Over time register Form No. XXIII.



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10) Employment card Form No.XIV. 11) Bonus registers in Form – C. 12) Leave register under factories Act in Form – 18. 13) PF challan for the previous month. 14) ECR statement monthly with respect to PF. 15) Copy of PF code and allotment letter. 16) Any other registers / documents required to be maintained as per

applicable laws/statutes, as amended from time to time.

The Bidder shall also maintain any other statutory records applicable to him other than given above or as informed by BPCL from time to time.

[g] Identity Badges

All Contractors personnel entering upon the Corporation’s premises shall be properly identified by badges [meant for Contractor’s employees] which must be worn by them at all times while on Corporation's premises.

[h] Discipline The Contractor's employees shall adhere to the general norms of discipline of the Corporation. It shall be the responsibility of the Contractor to ensure that these employees observe Discipline while at work including duty time and work ethics.

[i] Documents /Address / Registration papers & Contact details :

a. PF, ESIC, labour License & Professional Tax Registration Number. b. GST Registration No. c. Registered Postal address d. Contact person’s Name & Telephone no. (s)

The contractor shall furnish all the documents (in originals), to the company as and when required. [j] Under any circumstances successful bidder or his / her staff will not be

liable to seek any permanent employment with the Company (BPCL) and will keep the Company indemnified against loss or any damage to the Company property during the course of contract.

[k] Successful bidder is also required to submit the names of the persons

working under your contract with their complete address/photo etc. for records.



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[l] Taxes, Etc. The Contractor shall be wholly responsible for payment of any and all taxes including but not limited to GST under the existing or future Laws, Acts, Rules, Orders, Notifications, etc. issued by the Central or State Government or any other local authority or body in respect or in connection with the supplies and that the Corporation shall not be liable to pay such taxes, rates, duties or claims of the like nature whether existing or likely to arise in future. The invoices issued shall be in accordance with the prevailing tax system. GST as applicable is payable on submission of challans in respect of tax paid to the appropriate authority. The Quotations shall clearly specify the rates of GST. Any upward change in any tax / duty, after this tender is finalized, shall be reimbursed to contractor by BPCL. It is the responsibility of the contractor / successful bidder to ensure compliance to all required statutory requirements pertaining to this contract and BPCL shall be indemnified against any claims arising out of violations / non-compliance of any of them. [m] Safety / Quality : 1. Graduate Engineers has to follow rules and regulations of the BPCL while working in the plant premises including maintaining strict discipline and follow the safety standard of BPCL as laid down. 2. For any damage, breakage or loss of any equipment of property of the company, the Bidder shall have to make good the same at his own cost failing which the amount will be recovered from his security deposit or from otherwise dues as payable to him by the company or otherwise recovered. 3. Use of Personnel Protective Clothing (PPE) is mandatory like Helmet , Safety Shoes, Clean Boiler Suit - 2 sets, Ear Muffs, Hand gloves, Safety Goggles ,etc. as per the standard of BPCL while working inside the plant premises. All PPE’s make should be of reputed make like Anmol, PN Safeties, Unicef, 3M India, Atlas and to be provided by Successful Bidder. 4. The contractor shall ensure regular and effective supervision and control of the personnel deployed by him and gives suitable direction for undertaking the contractual obligations. 5. The Contractor shall not deploy any person below 18 years of age.



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6. The Engineers hired shall undergo clearance from the local Police Authority and the clearance from the Police Department shall be submitted to the BPCL post Police Verifications within 1 month of date of selection of Graduate Engineer. [n] Penalty

For non performance / breach of tender / agreement conditions / un-satisfactory services, the following penalties will be levied as per the details given below, measurable per month basis

i. A penalty of Rs. 1000/- per day per person + taxes shall be deducted for absenteeism of personnel. The contractor should have reliever to the personnel provided in case he takes leave apart from his regular weekly off. In case of non performance of any job by the contractor, BPCL reserves the right to get the job executed from alternate sources at risk & cost of the contractor.

ii. All manpower deployed by the BIDDER shall strictly adhere to the rules and regulations of company w.r.t. safety, environment, health, discipline etc., deviation if any, of aforementioned area will attract a penalty of Rs. 3000/- per instance per person for all type of persons working at LPG plants on behalf of the bidder.

iii. BIDDER has to follow all legal and statutory rules as prescribed by Govt. and mentioned in this work order. Any deviation on this account shall attract a penalty of Rs. 10000 /- per instance.

Final decision of imposing a penalty will be at sole discretion of BPCL. [o] Contract Period ,Termination of Contract and General condition: 1. The contract shall be for a period of 3 Years (36 months) only and can be extended for a period of 3 Months at the sole discretion of BPCL. 2. BPCL reserves the right to terminate the full contract or a part of at any time without assigning any reason therefore by giving a 30 days notice in writing. The Contractor shall not be entitled for any compensation by reasons of any such termination. 3. The contractor shall provide the required documents to the BPCL Officer-in-Charge from time to time that he has taken out all the insurance policies required as per the contract and General Condition of Contract clause and he has insurance policy under the workman and Compensation Act - 1923 and paid the necessary premium for keeping policies alive up to the completion of work. In



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case he fails to take the insurance policies as described above, action shall be taken by the Officer-in-Charge as per the contract provisions. 4. Insurance: The insurance shall protect the Contractors against all claims applicable under the Employee Compensation's Act, 1923. Contractor shall arrange necessary insurance cover for any persons deployed at BPCL even for short duration. BPCL shall not entertain any claim arising out of mishap, if any that may take place. 5. 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 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. No idle time wages or compensation for temporary stoppage of work or restrictions would be paid, and the rate quoted should cover the cost of all such contingencies and eventualities. 6. 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. BPCL will not entertain any claim for idle time payment whatsoever. 7. The Contractor shall make his own arrangement for housing himself and his staff outside premises. BPCL shall have no obligation to provide any accommodation. 8. Self Assessment of work: The quoted rates shall be deemed to have been arrived after first hand self assessment of the work front by the Contractor by visiting the sites prior to submission of their offer and shall give no reason whatsoever to request for any increase/revision in their quoted / awarded rates on account of any increase in wages. 9. The agency shall quote the rates as per schedule of quantities, considering all the works to be carried out as per the scope of the work. The CTC to be given to the Graduate Engineer is fixed by BPCL as mentioned in the tender and the same shall be reimbursable to the vendor. The service charges and one time recruitment charges are required to be quoted by the vendor. 10. All employees of Contractors are required to follow adequate safety and will be responsible for any breakage thereof. Security personnel are required to check each and every accompanied baggage brought by contractor's own personnel. Contractor supervisor is required to maintain logbook with him.



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11. BPCL will issue Identity card to all workmen showing their photographs. The contractor or his authorized representative will be subject to police verification regarding their antecedents. 12. The payment should be made to the hired Graduate Engineers through Cheque or through NEFT before the expiry of the 1st week of the succeeding month by Successful Bidder and details of the same shall be furnished to BPCL as and when demanded. 13. No sub-contracting is permitted; no part bidding is permitted. RATES AND PAYMENTS: i) Contractor’s Remuneration The rates quoted shall be final and binding on the contractor and no further payment whatsoever shall be or become due or payable to the contractor under the contract, other than upward changes in statutory taxes / levies. The payment will be made according to the number of manpower supplied in a month. Any variation in the statutory taxes / levies in the upward direction from the date of placement of PO shall be reimbursed in actual based on the provision of certified documentary proof and submission of bills to BPCL Officer Incharge. Further, the successful tenderers shall indemnify BPCL against any claims that may be raised by statutory authorities due to failure of the successful tenderer to comply with any of statutory obligations with respect to payment of duties, taxes, etc. BPCL also reserves the right to recover any payments that may have to be made on account of discrepancies as above from the Supply and Performance Guarantee or outstanding payments on hand. ii) Rates to be inclusive: The prices/rates quoted by the contractor shall remain firm till the last date of the contract and shall not be subject to escalation. 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 and completing the work. The Contractor shall be deemed to have known the nature, scope, magnitude and the extent of the works required, though the contract document may not fully and precisely furnish them. The rates quoted shall be final and binding on the contractor. The payment will be made according to the number of manpower supplied in a month. Any variation in the statutory taxes / levies in the upward direction from the date of placement of PO shall be reimbursed in actual based on the provision of certified documentary proof and submission of bills to BPCL Officer Incharge.



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iii) Billing: The contractor will have to submit a bill to BPEC, Kharghar enclosing the details duly certified by the respective Location in-charges / Regional Role Holders, for the number of Engineers deployed during a month, before the expiry of the 1st week of the succeeding month. The payment shall be made through NEFT once the bill is passed by BPEC duly certified by respective Plants / Regional Offices. The payment shall be made within 30 days from the date of the submission of bill to BPEC Kharghar after statutory deduction. Vendor has to provide break up of basic cost and GST on all the invoices. Income tax / WCT and any other statutory deductions at the prevailing rate will be deducted from BIDDER’s bills as per Income Tax Act / other statutory laws. However at the end of the contract, BPCL will made the payment against last final bill only after obtaining confirmation from Successful Bidder regarding payment of PF, Gratuity, ESIC to all Graduate Engineers. Successful bidder need to submit necessary proof / No Dues Certificate from Graduate Engineers for the same. PAYMENT TO WORKMEN:

a. The BIDDER shall strictly comply with all provision of labour laws and submit monthly records to Location In-charges.

b. The BIDDER shall strictly follow all provisions of Minimum Wages Act (s) (Central), Contract Labour (Regulation & Abolition) Act or any other Act(s) applicable to workers in this area.

c. The BIDDER must obtain necessary licenses from the licensing authority wherever applicable.

d. The payment of the monthly salary to the Graduate Engineers should be done on or before 7th of every month through NEFT or Cheque and records to be submitted to Location In-charges.

e. Successful Bidder shall arrange for group insurance policy to cover accident or any other suitable accident insurance policy in addition to workmen compensation policy.

f. The successful Bidder shall not employee any Graduate Engineer who’s age is below 18 years.

g. The successful Bidder shall also maintained valid labour license under the inter-state migrant workmen act, if the successful Bidder is likely to engage migrant workmen.

h. The successful Bidder shall issue identity card to Graduate Engineer deployed by them.

i. The successful Bidder shall make payment of the contribution by way of employees contribution towards provident fund

j. BPCL shall not be liable to pay any compensation in respect of any disease / injury or fatality caused to the workers of the BIDDER. It will be the sole responsibility of the BIDDER.



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k. The successful Bidder shall make payment of compensation in case of accidental injury in accordance with the provisions of the Employee compensation Act 1923. For this the successful Bidder shall take insurance policy for the workmen engaged for the job. The successful Bidder shall also submit copy of insurance policy and keep it renewed during the contract period

l. The successful Bidder shall pay bonus to his eligible employees in accordance with the provisions of the payment of Bonus act. He shall keep and maintain the register as prescribed under the payment of Bonus Act and shall produce before the authorized officer of the BPCL.

The company reserves the right to terminate work order / LOI if successful Bidder fails to comply the labour laws as stated above and the labour laws which are applicable to his firm from time to time. The company will be entitled to deduct directly from the bills to be paid to the successful Bidder on account of default in respect of all liabilities referred to in above clauses. SUPPLY AND PERFORMANCE GUARANTEE (a) The successful tenderer, within 10 days of placement of Letter of Intent shall

deposit an amount of Rs. 7.5 lakhs or 5% of the order value, whichever is lower, with BPCL as ‘Supply and Performance Guarantee’. This amount shall have to be deposited by way of crossed A/c Payee demand draft drawn on any Nationalised or scheduled bank in favour of M/s Bharat Petroleum Corporation Ltd. and payable at Mumbai. No interest is payable by BPCL on the amount for ‘Supply and Performance Guarantee’ so collected.

(b) Submission of the Supply and Performance Guarantee amount by the successful tenderer to BPCL implies complete acceptance of all terms and conditions of the contract.

(c) ‘Supply and Performance Guarantee’ shall be refunded only after the successful completion of the Contract. BPCL shall be entitled to deduct from this amount in case of any breach of the contract or any other liabilities or default recoverable by BPCL from the successful tenderer and to call upon the successful tenderer to maintain the amount at the original level by making further deposits.

RECOVERY OF OUTSTANDING AMOUNTS :

It is also agreed and understood that for the purpose of calculating the damages recoverable, it will be assumed that the contract continued to remain valid even after expiry of the contract period and BPCL can recover such amounts from the



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pending bills of / Supply and Performance Guarantee amount deposited by the Successful Tenderer.

FORCE MAJEURE The Contract is subject to standard FORCE MAJEURE conditions set out hereunder:

(a) If at any time during the continuance of the contract, the performance in

whole or in part or any obligation of either party under the contract shall be prevented or delayed for a continuous period of more than seven days by reasons of any war, hostility, acts of public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts, any order or decree of any Government or Governmental Authority or rationing, whether imposed by law, decree, regulation or voluntary co-operation of BPCL at the insistence or request of the MOP & NG or person purporting to act thereof (hereinafter referred to as EVENTS) then, provided notice of happening of any such event(s) with supporting proof required thereof, is given by either party to the other within 15 days from the date of occurrence thereof, neither party shall by reasons of such event, be entitled to terminate the contract nor shall either party have any claim for damage against the other in respect of such non-performance or delay in performance, and the services under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist.

TERMINATION Notwithstanding anything contained in the Contract, BPCL shall have the right to terminate the Contract upon or at any time of the happening of any of the following events:

(a) If the successful tenderer shall commit a breach of any of the terms and

conditions of the contract and fails to remedy such breach within 15 (fifteen) days of the receipt of the written notice from the Corporation in regard thereto.

(b) i) On the death or bankruptcy of the successful tenderer if he be an

individual. ii) On the dissolution of the firm if the successful tenderer happens to be the

Partnership firm.



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iii) Liquidation, whether voluntary or otherwise, or the passing of an effective resolution for winding up of the business of the successful tenderer if it be a company.

iv) On selling of the facilities or assets to any other individual or company.

(d) If any attachment is levied or continues to be levied for a period of fifteen

days or more upon the effects of the successful tenderer or of any individual or partner of the successful tenderer’s firm.

ASSIGNMENT / SUB-CONTRACTING The successful tenderer shall not sublet the contract or assign any part of the order to any person / firm / company without prior written consent from the Corporation. ACQUIESCENCE OR WAIVER Any acquiescence or waiver by the Corporation of any delay, breach or default committed by the successful tenderer shall neither deemed to be or considered as estoppels against the Corporation nor prevent the Corporation from exercising any of its rights under any of the provisions of this Agreement. ARBITRATION

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

counter-claim or set-off or regarding any right, liability, act, omission or account of any of the parties hereto arising out of or in relation to this agreement other than those in respect of which, the decision of any person is, by the purchase order or Agreement, expressed to be final and binding, shall be referred to the sole arbitration of the Director (Marketing) of the Corporation who may either himself act as the arbitrator or nominate some other Officer of the Corporation, irrespective of his relationship with the corporation, to act as the Arbitrator. The successful tenderer will not be entitled to raise any objection to any such arbitrator on the ground that the arbitrator is an officer of the Corporation.

(b) In the event of the Arbitrator to whom the matter is originally referred to being transferred, he shall be entitled to continue with the Arbitration proceedings notwithstanding his transfer, unless the Director (Marketing) at the time of such transfer or at any time thereafter, designate another person to act as Arbitrator in his place in accordance with the terms of this agreement.



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(c) In the event of the Arbitrator to whom the matter is originally referred, vacating his office or being unable to act for any reason, the Director (Marketing) at the time of vacation of office or inability or refusal to act, shall designate another person to act as arbitrator in accordance with the terms of this agreement.

(d) The Arbitrator newly appointed by the Director (Marketing) under clause (b) or under clause (c) above shall be entitled to proceed with the reference from the point at which it was left by his predecessor.

(e) It is an express term of this contract that no person other than the Director (Marketing) or a person nominated by such Director (Marketing) of the Corporation as aforesaid shall act as Arbitrator hereunder. If for any reason Director (Marketing) is unable or unwilling or refuses or fails to act as Arbitrator or nominate an Arbitrator then the Matter in dispute shall not be referred to Arbitration at all.

(f) The award of the Arbitrator so appointed shall be final, conclusive and

binding on all parties to the agreement subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made there under for the time being in force shall apply to the Arbitration proceedings under this clause.

(g) The award shall be made in writing and published by the Arbitrator as required under the law.

(h) The arbitrator shall have power to order and direct either of the parties to

abide by, observe and perform all such directions as the arbitrator may think fit having regard to the matters in difference i.e. dispute before him. The arbitrator shall have all summary powers and may take such evidence oral and /or documentary as the arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Arbitration and Conciliation Act, 1996 or any subsequent amendment thereof, including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him.

(i) The party against whom the arbitration proceedings have been initiated, that is to say, the respondent in the proceeding, shall be entitled to prefer a cross–claim, counter-claim or set-off before the arbitrator in respect of any matter in issue arising out of or in relation to the agreement without seeking a formal reference for arbitration to the Director ( Marketing) for such counter-claim, cross-claim, or set-off and the arbitrator shall be entitled to consider and deal with the same as if the matters arising there from have been referred to him originally and deemed to form part of the reference made by the Director (Marketing).



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(j) The arbitrator shall be at liberty to appoint, if necessary, any accountant or engineer or other technical person to assist him and to act on the opinion taken from such person.

(k) The arbitrator shall have power to make one or more awards whether interim

or otherwise in respect of the dispute and difference and in particular will be entitled to make separate awards in respect of claims or cross-claims of the parties. The arbitrator shall be entitled to direct anyone of the parties to pay the costs of the other party in such manner and to such extent as the Arbitrator may in his discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportion to meet the Arbitrator’s expenses whenever called upon to do so.

(l) Any dispute or difference whatsoever arising out of or in connection with this

Agreement, including any question regarding its existence, validity, interpretation, application, meaning, scope, operation or effect or termination there, shall be referred to ad finally resolved by arbitration by a Sole Arbitrator, who will be appointed by Director (Marketing) BPCL and such proceedings shall be conducted in accordance with the Arbitration and Conciliation Act 1996 for the time being in force or as amended from time to time. The award made in pursuance thereof shall be final and binding on the parties. The parties hereby agree that the Courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this agreement and any award or awards made by Sole Arbitrator hereunder shall be filed ( if so required) in the concerned Courts in the city if ________ only. The arbitration shall be conducted in English language.

JURISDICTION The parties hereby agree that the courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this Agreement and any award or awards made by the sole arbitrator hereunder shall be filed in the concerned courts in the aforesaid city only. In case of any dispute in the interpretation of the terms and conditions of the tender, the decision of the Corporation in this matter shall be final and binding.

TENDER NO: CRFQ : 1000291280 DT 12/10/17 ANNEXURE IV

PARTICULARS OF TENDERER

Signature : Seal :

Page 1 of 2


Please furnish the following details 1. Name of the Service Provider Company : 2. Address : Office : Tel No. (Office) :

Mobile No. : Fax. No. (Office) : Email Id : State in which the Company is located : Weekly off of the unit : MARKET STANDING & FINANCIAL CAPABILITY

Constitution of the firm : (Certified copy of Partnership Deed/ Memorandum of Articles of Association to be enclosed)

a) Sole Proprietor/Partnership b) Private Limited Company c) Public Limited Company

Name & address of the Proprietors / Partners / Directors with % of share holding/Profit Share : Year of Establishment / Registration & Date. :

(Certified copy of the registration certificate issued by Registrar of firms/ Companies to be enclosed)

TENDER NO: CRFQ : 1000291280 DT 12/10/17 ANNEXURE IV


Signature : Seal :

Page 2 of 2

Registration No. : 1. Under Companies Act : 2. GST : (Copies of regtrn. Certificates

for all above to be enclosed) Capital Investment. : PAN No. : Photo copies of audited P & L A/c : and Balance Sheet for the last three years to be enclosed Name of Bankers & Full Address : Bankers Certificate indicating Credit worthiness (in value) of the firm to be enclosed in a separate sealed cover Annual Turnover in the last 3 yrs. :

2014-15 2015-16 2016-17

Office Client Premises No. of persons employed. :

Skilled : Unskilled :

Organogram (Please enclose a copy of the organogram) List of large companies to which similar Services have been provided earlier with details of Services, quantity, value of order & year of execution. Note: Prior approval should be sought in case any changes are made in the factory layout, machinery or manpower, failing which BPC shall initiate appropriate action as deemed fit which may include suitable penalty/suspension for the entire term of the tender.

TENDER NO: CRFQ : 1000291280 DT 12/10/17 ANNEXURE V

DECLARATION FORMS

Signature : Seal :

Page 1 of 5

A. DETAILS OF RELATIONSHIP WITH BPC DIRECTORS

Please furnish following details in the appropriate part based on your organisational structure: Organisational structure Part of the form applicable Sole Proprietor ..... Part -A Partnership Firm ..... Part -B Private/Public Ltd. Co. ..... Part -C


DECLARATION FORMS

Signature : Seal :

Page 2 of 5

PART- A

(Applicable where Service Provider is Sole Proprietor)

1. Name of Tenderer : 2. Address : Office : Residence : 3. Telephone : 4. State whether Proprietor is : Yes/No* related to any of the director(s) of BPC 5. If `Yes' to 4, state the name of : the Director and Proprietor’s relationship with him/her. * Strike whichever is not applicable.


DECLARATION FORMS

Signature : Seal :

Page 3 of 5

PART -B

(Applicable where the Service Provider is a partnership firm)

1. Name of the Partnership firm : 2. Address : 3. Name of Partners : 4. State whether any of the partner : Yes/No*

is a Director to BPC 5. If `Yes' to 4 ,state the names(s) : Yes/No* of Directors. 6. State whether any of the partner : Yes/No*

is related to any of the Director(s) of BPC

7. If `Yes' to 6 state the name(s) : of Director(s) and the concerned Partner's relationship with him/her.

* Strike whichever is not applicable.


DECLARATION FORMS

Signature : Seal :

Page 4 of 5

PART -C

(Applicable where the Service Provider is a Public / Private Ltd. Co.) 1. Name of the Company : 2. Address of : Regd. Office : Principal Office : 3. State whether the company is :

a Pvt. Ltd. Co. or Public Ltd Co. 4. Names of Directors of the : Company 5. State whether any of the : Yes/No*

Director of your Company is a Director of BPC .

6. If `Yes' to (5) state the name(s) : name(s) of the Director 7. State whether any of the Director : Yes/No*

of your Company is related to any of the Director's of BPC.

8. If `Yes' to (7) state the name(s) :

of Director and the concerned Director's (of the Vendor) relationship with him/her.

Strike whichever is not applicable.


DECLARATION FORMS

Signature : Seal :

Page 5 of 5

B. LIST OF DIRECTORS OF BHARAT PETROLEUM CORP LTD. Shri D. Rajkumar, Chairman & Managing Director Bharat Petroleum Corporation Ltd. Bharat Bhawan, 4 & 6 Currimbhoy Road, Ballard Estate, MUMBAI - 400 001. Shri S. P. Gathoo - Director ( Human Resources) Bharat Petroleum Corporation Ltd., Bharat Bhawan, 4 & 6 Currimbhoy Road, Ballard Estate, MUMBAI - 400 001. Shri S. Ramesh, Director (Marketing) Bharat Petroleum Corporation Ltd., Bharat Bhawan, 4 & 6, Currimbhoy Road, Ballard Estate, MUMBAI - 400 001. Shri R. Ramachandran, Director (Refineries) Bharat Petroleum Corporation Ltd., Bharat Bhawan, 4 & 6, Currimbhoy Road, Ballard Estate, MUMBAI - 400 001. Shri K. Shivakumar, Director (Finance) Bharat Petroleum Corporation Ltd., Bharat Bhawan, 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai - 400 001. Shri. Paul Antony (Government Director) Shri. Anant Kumar Singh (Government Director) Shri. Rajesh Mangal (Independent Director) Shri. Deepak Bhojwani (Independent Director) Shri. Gopal Nanda (Independent Director) Shri. Vishal Vinod Sharma (Independent Director) Smt. J.M. Shanti Sundharam (Independent Director) Shri. Vinay Sheel Oberoi (Independent Director) Dr. Tamilisai Soundararajan (Independent Director)

TENDER NO: CRFQ : 1000291280 DT 12/10/17 ANNEXURE VI

E – TENDER PROCESS FOR PRICE BID AND DECLARATION

1

E-TENDER PROCESS FOR SUBMISSION OF TECHNICAL & PRICE BID

Tender documents with detailed terms and conditions can be obtained from the office of the DGM, LPG Equipment, Bharat Petroleum Corporation Ltd., Sewree, Mumbai and may be used for submission of technical / price bids. All bids has to be submitted online only before the due date of closing of tender through e-procurement system on https://bpcleproc.in.

Pre-requisite for participation in the tender: In order to bid for the e-tender, all the vendors are required to obtain a legally valid Digital Certificate of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA), Controller of Certifying Authorities (CCA). In case you do not have digital signature certificate, you may contact our e-tendering service provider M/s ABC Procure Contact no. 079-40270573 / 07715814897 / 022-24176419). Vendors are advised to log on to the website (https://bpcleproc.in) and arrange to register themselves at the earliest. Vendors are required to quote their rates on-line before the due date of closing of the tender. All the attached Tender documents along with the covering letter will form part of the tender. Tenderers are requested to carefully study all the documents / annexures and understand the terms & conditions, scope of work etc., before quoting their rates. In case of doubt, written clarifications should be obtained, but this shall not be a justification for late submission of the bid or request for extension of due date. Offers should strictly be in accordance with the tender terms & conditions.

All entries in the documents shall be written in permanent ink or typewritten. Any erasures or over writing should be attested under the full signature(s) of the Tenderer.

Tenderers shall upload online the full tender set duly signed and stamped at the bottom of each page as token of having read, understood and accepted the conditions. The authorized signatory shall be :

a. Proprietor in case of proprietary concern. b. All the partners in case of partnership firm. c. Director, in case of a limited Company, duly authorized by its board of directors to sign.

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

https://bpcleproc.in/

https://bpcleproc.in/



2

Tenderer’s signature(s) on the documents shall be considered as total acceptance of the terms & conditions and hence “acceptance” need not be mentioned on each paper of the offer.

The tenderer should also submit the following documents along with his tender:

i. PAN Card and Audited Balance sheet, Service Tax return & default statement, TDS return & default statement, IT return & default statement and statement of P&L A/c for the years 2014-15, 2015-16 and 2016-17.

ii. Certified copies of GST Registration certificate. iii. Certified copies of Registration certificate under NSIC / MSME / UAM (if

applicable). iv. Certified copies of Partnership Deed/ Memorandum & Articles of Association

& Certificate of registration with the Registrar of Companies’ (if applicable). v. Organogram. vi. Declaration on your letter head of having a legally valid digital signature

certificate. vii. Signed copy of all I to VII Annexures & General Procurement Conditions. viii. Anti-Profiteering declaration & Deviation declaration in standard format. ix. Integrity Pact (IP) duly signed and witnessed by 2 members.

The tenderer should sign and stamp each and every page of the supporting documents submitted with the offer. The supporting documents should be serially numbered and total number of pages submitted, should be indicated in the covering letter.

Tender documents along with all enclosures shall be uploaded online. EMD shall be sent by post / courier / hand to reach on & before the due date and time. All bids are to be uploaded on the web-site of the service provider on or before the due date and time of the tender, as the access to the site will not permitted for uploading/changes after this time

Bids submitted after the due date and time and those not in the format or not in conformity with the prescribed terms and conditions or specifications are liable to be rejected and no further correspondence/ enquiries shall be entertained on the issue. No responsibility shall be taken by the Corporation for documents received late due to postal delay and no claims on this account shall be entertained. Tender documents complete in all respects shall be uploaded and EMD wherever applicable, should reach the office of LPG Equipment department, Sewree at the above address, and the same shall be opened at 13.00 hrs on due date. BPCL will not be responsible for non-receipt of EMD due to postal delay/loss in transit etc.



3

How to submit On-line Price Bids / Offers electronically against E-Procurement tenders?

Vendors / Bidders are advised to read the following instructions for participating in the electronic tenders directly through internet:

Late and delayed Bids / Offers after due date / time shall not be permitted in E-procurement system. No bid can be submitted after the last date and time of submission has elapsed. (However if bidder intends to change the bid already entered may change / revise the same on or before the last date and time of submission deadline). The system time (IST) that will be displayed on e -Procurement web page shall be the time and no other time shall be taken into cognizance.

Bidders are advised in their own interest to ensure that Price bids are uploaded in e-Procurement system well before the closing date and time of bid.

No bid can be modified after the dead line for submission of bids.

No Manual Bids / Offers along with electronic Bids / Offers shall be permitted. No responsibility will be taken by BPCL for any delay due to connectivity and availability of website. In case of any clarification, the vendor may contact M/s.ABC Procure on the contact nos. as mentioned above.

Un-Priced Bid Format

a) CTC amount to be paid to external resource:

The CTCs to be paid to the Graduate Engineers will be Rs. 34,650.00 per month including addition of current statutory levies as per the table below: Sr. No

Description Amount (Rs.)

1 Engineers minimum compensation in the market (This includes employees PF component , which shall be deducted and paid into Engineers PF account as his contribution)

28410.00

2 Statutory Levies on item no. 1 above

A Employer's contribution towards Provident Fund @ 13.15% to be made for each employee as per the law

3735.92



4

B Bonus @ 8.33% on Rs. 7000.00 583.10

C Leave with wages @ 6.73% 1911.99

3 Sub-Total Rs. Per month (Item no. 1+2) 34641.01

4 Say Per Month Outgoing (Rs.) per person 34650.00

The basis amount to be paid to the Graduate Engineer will be Rs. 28,410.00 (including his contribution to the Provident Fund). It shall mean that at current level of 13.15% PF, the take home basic shall not be less than Rs. 25,000.00.

Sr. No Description Sub Total CTC Amount (Rs.)

10 1st Year - Total CTC amount to be paid to Graduate Engineers.

Rs 34650 x No of Graduate Engineers

b) Service charges payable to bidder excluding CTC amount for providing

Engineers on hire: (For example if bidder has intention to quote, says X %

of CTC as his service charge, he/she shall write X). Zero or Negative

Percentage is not allowed.

Sr No

Description of Job Unit Total Rate of percentage

20

Service charges payable (Excluding CTC) for providing Engineer on hire – as a percentage of CTC defined under scope of work.

Percentage

% of Total

CTC.

The vendor shall quote only his service charges as a % of the above amount. The service charges quoted in % will be the same throughout the contract period. This shall exclude GST Tax amount.

c) One time recruitment charges payable for hiring Graduate Engineers:

Sr. No.

Description of Job Unit Quantity Unit Rate

Total Amount (Rs.) =

Unit Rate X Qty

30 One time recruitment charges per Graduate Engineer to be hired as per the scope of work.

Each

Engineer

90

Engineers

X

Y Z



5

d) There will be 5% increment on CTC to be paid to GEs after every year. Hence CTC for 2nd and 3rd year will be as follow :

Sr. No Description Sub Total CTC Amount (Rs.)

40 2nd Year - Total CTC amount to be paid to Graduate Engineers.

Rs 36382.50 x No of Graduate Engineers

50 3rd Year - Total CTC amount to be paid to Graduate Engineers.

Rs 38201.63 x No of Graduate Engineers

e) Total Amount (a+b+c+d) : (Rs) – Auto calculated

f) GST : Rate in % - To be filled by Bidder

g) Grand Total Amount (e+f) : (Rs) - Auto calculated

Bidders need to fill up only Service Charges in % & One Time Recruitment charges for 1 st year and GST % rate in online Price Bid Format. System will calculate all other charges automatically. Pl check Grand Total for 3 Years after filling all the details before submission of Price Bid.

Note:

A) Lowest bid shall be decided based on the 3 years Grand Total amount.

B) It may be noted that the rates / amounts / percentages as entered in

the price bid by the vendor will be considered for evaluation & award. Therefore vendors are to take great care while quoting & clarify doubt if any from BPCL. Also please note that the responsibility of correct entries of prices & taxes in price bid sheet lies with the vender.



6

DECLARATION

We hereby certify that the above process of E-tender is understood by us.

Rate of GST – For the purpose of billing, we declare the rate of GST applicable on us as under:

Sr. No. Description Rate (%)

1 SAC code for deployment of GEs on contract basis. (As per BPCL record, SAC code is 998513 for Hiring of GEs on contract basis)

2 State from which Service will be provided

3 GST Registration no

4 Type of Registration - Registered / Composite / Unregistered

5 Whether having multiple registration in various states - Yes / No

6 Outside state supplies (IGST %)

7 Within State supplies (CGST % + SGST %)

I declare that I am fully informed on the GST rates as quoted above and I

shall not charge at any higher rate later (unless there is change in the GST registration itself).

The following annexures (based on which the aforesaid offer is given) duly

stamped & signed by us are enclosed: Annexure I - Bid Qualification Criteria Annexure II - Instructions to Tenderer Annexure III - Scope of Work and Terms & conditions of Tender / Agreement Annexure IV - Particulars of tenderer Annexure V - Declaration forms Annexure VI - E-Tender Process for price bid Annexure VII - Integrity Pact



7

We also enclose herewith:

a. Bank Draft No. _________ dated ________ for Rs. 7,50,000 (Seven lacs fithy thousand only) and drawn on __________________ (Bank) in favour of Bharat Petroleum Corporation Limited and payable at Mumbai as EMD.

We confirm that on acceptance of our offer, we shall submit Supply and Performance guarantee of Rs.7.5 Lakh or 5% of the order value, whichever is lower, within 10 days of LOI and shall provide the services on the terms and conditions mentioned in the tender.

We hereby confirm that in the event of withdrawal of offer during the validity

period of the offer EMD submitted by us will be forfeited and we will not be entitled to claim refund of the same,

or

Since we have opted for exemption from submitting the EMD, we shall be barred for a period of two year from taking part in any tender floated by LPG Equipment Department of BPCL in future.

Unless otherwise extended by us in writing, our aforesaid offer will remain

valid for a period of 120 days from the date of closing of the tender for acceptance by you.

We hereby confirm that all information and details furnished above are true

to our knowledge. In case any information or detail is found to be incorrect we shall be solely responsible for the same. You may initiate any action as deemed fit to you, in that case.

We agree that Courts in the city of Mumbai alone shall have jurisdiction to

entertain any application or other proceedings in respect of any dispute or differences arising out of or in regard to subject tender, at any stage including during finalisation of the tender.

Yours faithfully,

Date: Place:

TENDER NO: CRFQ : 1000291280 DT 12/10/17 ANNEXURE VII

INTEGRITY PACT

1

(To be executed on plain paper and applicable for all tenders of value above Rs. 1 crore)

INTEGRITY PACT

Page 1 of 6 Between

Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal", And ………………………..hereinafter referred to as "The

Bidder/Contractor/Supplier" Preamble The Principal intends to award, under laid down organization procedures, contract/s for Supply of O Rings. The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s, Contractor/s and Supplier/s. In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organisation "Transparency international" (TI). Following TI's national and international experience, the Principal will appoint an Independent External Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above. Section 1 - Commitments of the Principal The Principal commits itself to take all measures necessary to prevent

Corruption and to observe the following principles: No employee of the Principal, personally or through family

members, will in connection with the tender, or the execution of the contract, demand, take a promise for or accept, for himself/herselfor third person, any material or immaterial benefit which he/she is not legally entitled to.

The Principal will, during the tender process, treat all Bidders with

equity and reason. The Principal will, in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential / additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.


INTEGRITY PACT

2

The Principal will exclude from the process all known prejudiced

persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder / Contractor/Supplier

(1) The Bidder / Contractor/Supplier commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

The Bidder / Contractor/Supplier will not, directly or through any other

person or firm, offer, promise or give to any of the Principal's employees involved in the tender process or the execution of the contract or to any third person, any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange, any advantage of any kind whatsoever during the tender process or during the execution of the contract.

The Bidder / Contractor/Supplier will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.

The Bidder / Contractor/Supplier will not commit any offence under the relevant Anti-Corruption Laws of India; further the Bidder / Contractor/Supplier will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

The Bidder / Contractor/Supplier will, when presenting his bid,

disclose any and all payments he has made, is committed to, or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

The Bidder / Contractor/Supplier will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3 - Disqualification from tender process and exclusion from future contracts


INTEGRITY PACT

3

If the Bidder, before contract award, has committed a transgression through a Violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason. (1) If the Bidder/Contractor/Supplier has committed a transgression through

a violation of Section 2 such as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor/Supplier from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

(2) A transgression is considered to have occurred if the Principal after due

consideration of the available evidences, concludes that no reasonable doubt is possible.

(3) The Bidder accepts and undertakes to respect and uphold the

Principal's absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

(4) If the Bidder / Contractor/Supplier can prove that he has restored /

recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.

Section 4 - Compensation for Damages

No employee of the Principal, personally or through family members, will in connection with the tender, or the execution of the contract, demand, take a promise for or accept, for himself/herself or third person, any material or immaterial benefit which he/she is not legally entitled to.

The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal will, in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential / additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.

(2) If the Principal has terminated the contract according to Section 3, or if

the Principal is entitled to terminate the contract according to Section 3,


INTEGRITY PACT

4

the Principal shall be entitled to demand and recover from the Contractor/Supplier liquidated damages equivalent to Security Deposit / Performance Bank Guarantee.

(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor/Supplier can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor/Supplier shall compensate the Principal only to the extent of the damage in the amount proved.

Section 5 - Previous Transgression (1) The Bidder declares that no previous transgression occurred in the last

3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

Section 6 - Equal treatment of all Bidders / Contractors /Suppliers/ Subcontractors (1)The Bidder/Contractor/Supplier undertakes to demand from all

subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors/Suppliers and Subcontractors.

(3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its provisions.

Section 7 – Punitive Action against violating Bidders / Contractors / Suppliers/Subcontractors If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contract or, Supplier or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.

Section 8 - Independent External Monitors (1) The Principal has appointed competent and credible Independent

External Monitors for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.


INTEGRITY PACT

5

(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

(3) The Bidder/Contractor/Supplier accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Bidder/Contractor/Supplier. The Bidder/Contractor/Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor/Supplier/ Subcontractor with confidentially.

(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder/Contractor/Supplier. The parties offer to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the Bidder/Contractor/Supplier to present its case before making its recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board

of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations.

If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

(8) The word 'Monitor' would include both singular and plural. Section 9 - Pact Duration This Pact begins when both parties have legally signed it. It expires for the Contractor/Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded.


INTEGRITY PACT

6

If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal. Section 10 - Other provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact.

(2) Changes and supplements as well as termination notices need to be

made in writing. Side agreements have not been made.

(3) If the Bidder/Contractor/Supplier is a partnership or a consortium, this agreement must be signed by all partners or consortium members.

(4) Should one or several provisions of this agreement turn out to be

invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

----------------------- -------------------------------- For the Principal For the Bidder/Contractor/ Supplier Place ……………… Witness 1 : ……………… (Signature/Name/Address) Date ………………. Witness 2 : ……………… (Signature/Name/Address)