CONDITIONS OF TENDER. 5. TECHNICAL BID Annexure I to Annexure XIV with various drawings

Transcription

1 ANNEXURE I CONDITIONS OF TENDER 1. Offers are invited in a sealed envelope for Pressure Testing, Painting and Transportation of 5 KG, 14.2 KG, 19 KG, 35 KG LPG DPT cylinders ex our RAJKOT LPG Plant and Ex-Bhavnagar IOC hospitality LPG Plant. 2. The Pressure testing job is to be carried out as per present prevailing IS codes(is ) with latest amendments and as per our Conditions of Tender, Special Terms and Conditions of tender, Scope of Work etc., as detailed in the Technical Bid. 3. The tender for Pressure testing is not exclusive but inclusive of transportation, hence, a tenderer willing to do the Pressure testing job must also do the transportation job. 4. This tender should be submitted in two parts namely - Technical Bid & Price Bid. 5. TECHNICAL BID Annexure I to Annexure XIV with various drawings 6. PRICE BID Annexure XV 7. Tenderers should provide correct information & all the required information asked for in the Technical Bid/ annexure and only the Authorised Signatory should sign on all the pages including drawings and affix the Company s Seal on the Schedule of Rates page and affix official seal on all the other pages from Annexure I to Annexure XIV including all the drawings. 8. In case at a latter stage, if on cross checking, inspection etc., if it is found out that the information furnished by the tenderer is different / wrong / not matching with the information furnished in the Technical Bid/ Annexure, then the EMD submitted by the tender will be forfeited & the tenderer may be debarred for applying in the tender in future. 9. The Technical Bid (Annexure I to Annexure XIV with all the drawings) should be put in a separate cover together with required EMD. The cover should be marked TECHNICAL BID. 10. The Price Bid (Annexure XV only) should be put in a separate cover. Please quote your lowest rate per cylinder for the job items in the Schedule of Rates in the Price bid attached. The cover should be marked PRICE BID. 11. The cover containing the Technical Bid & the cover containing the Price Bid should then be put in a separate cover and sent to the office address as indicated in this tender. 12. The Price Bid of the those bidders whose bids are technically acceptable will be opened in presence of the bidders and a separate intimation will be sent to all the bidders who are found technically acceptable advising date/time/place of opening of the Price Bid. TENDERER s SIGNATURE WITH RUBBER STAMP 1

2 13. Please note that the tenders received without quotation for transportation rate will not be considered. 14. The rates quoted should be firm and inclusive of all taxes, duties, etc. as explained in clauses 16, 17, 18, 19 of the Special Terms and conditions of the Tender enclosed as Annexure II. Revision in the rates of whatever nature will not be allowed during the tenure of the contract. 15. The contract will be valid for a period of one year from the date of awarding the contract. The contract can be extended for a further period of one more year, on the same rates & terms and conditions, on mutual consent, at the discretion of the Corporation. 16. The quantity of cylinders to be pressure tested during the tenure of 1 years shown is purely based on estimation and BPCL does not guarantee any minimum number of cylinders that will be given for pressure testing / to be pressure tested from any of the plant/s/locations. BPCL reserves the right to award the job to one or multiple parties at it sole discretion or withdraw the tender at any stage / altogether without assigning any reason. 17. The Corporation reserves the right to increase or decrease the tendered quantity or revise specifications, drawing, and designs of any or every item at any stage of work. The successful tenderer s claim for compensation or damages on account of these shall not be entertained. Such deviations, if necessary, will be adjusted at the rates contained in the agreement by issuing variation order(s). In case it becomes necessary for the Company to temporarily suspend or postpone the work, partly or fully, due to unforeseen circumstances, the Corporation shall not be liable for payment of any compensation on account of resultant delays. 18. The estimated quantity for pressure testing of cylinders is as detailed below: BPCL Rajkot and Ex-IOC Bhavnagar Estimated generation of DPT Cylinders for 1 years 5 KG 14.2 KG 19 KG 35 KG 47.5 KG The tenderer shall be required to submit along with the Technical Bid an earnest money deposit (EMD) of Rs. 1, 00, 000/- (Rs. One lakh only) in form of Demand Draft favoring BHARAT PETROLEUM CORPORATION. LTD., payable at Rajkot or a Bank Guarantee of Rs. 1,00,000/- valid for six months as per format enclosed (Annexure XII). The Demand Draft / Bank Guarantee should be drawn on a Nationalized Bank / Scheduled Banks (other than Cooperative Banks) only. Bids/Quotations received without EMD or with less EMD will not be considered. 20. The company reserves the right to appoint more than one Tenderer for the above said jobs or break / award the job as per its discretion. The company also reserves the right to accept / ignore any quotation in part or full before the award of job, or withdraw this tender altogether, at any stage, without assigning any reason. 21. The tenderer shall be required to submit a Demand Draft of Rs. 1, 00, 000/- along with the TECHNICAL BID as explained above and all the tender documents including TENDERER s SIGNATURE WITH RUBBER STAMP 2

3 drawings, being sent to you should be returned to us duly signed on each page by an authorized signatory with official seal to reach office of the undersigned at the following address upto 1100 hrs of Quotations received after due date and time of tender will not be accepted. 22. The quotations received shall be opened on 1100 hours at our Rajkot LPG plant at the address given below. 23. 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. 24. 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, in original, duly signed in the presence of a Notary public should be submitted with the tender. 25. The tenders should reach the following address before due date and time of the closing date of the tender mentioned herein before. Tenders/Quotations received after due date and time of tender will not be accepted. BPCL LPG Bottling Plant, NH. 8 B, RAJKOT-AHMEDABAD HIGHWAY 333 MALIYASAN VILLAGE, RAJKOT PIN: TENDERER s SIGNATURE WITH RUBBER STAMP 3

4 ANNEXURE II Special Terms and Conditions of the Tender 1) Tenderer should furnish evidence to the effect that the tenderer s facilities for statutory pressure testing of LPG cylinders & degassing are approved by CCOE & are valid as of date. Tenderer not having the requisite valid CCOE license as on date of the tender shall not be considered for the said job. 2) Tenderer should submit the proof that they have a qualified Mechanical Engineer in their permanent employment for certifying the statutory pressure tested cylinders. 3) Tenderers should provide correct information & all the required information asked for in the Technical Bid/ Annexures and only the Authorised Signatory should sign on all the pages including drawings and affix the Company s Seal on the Schedule of Rates page and affix official seal on all the other pages from Annexure I to Annexure XIV including all the drawings. In case at a later stage, if on cross checking, inspection etc., if it is found out that the information furnished by the tenderer is different / wrong / not matching with the information furnished in the Technical Bid / Annexure then the EMD submitted by the tender will be forfeited & the tenderer may be debarred for applying in the tender in future. a) The Technical Bid (Annexure I to Annexure XIV with all the drawings) should be put in a separate cover together with required EMD. The cover should be marked TECHNICAL BID. b) The Price Bid (Annexure XV only) should be put in a separate cover. Please quote your lowest rate per cylinder for the job items in the Schedule of Rates in the Price bid attached. The cover should be marked PRICE BID. c) The cover containing the Technical Bid & the cover containing the Price Bid should then be put in a separate cover and sent to the office address as indicated in this tender. d) The price bid of the those bidders whose bids are technically acceptable will be opened in presence of the bidders and a separate intimation will be sent to all the bidders who are found technically acceptable advising date/time/place of opening of the price bid. 4) Tenderers should fill in all the information pertaining to them in the format given in (Annexure V, VI & VII). 5) Tenderer should submit correct address/telephone numbers of the registered office, corporate office, factory address with the name of the person-in-charge/responsible for the subject job, correspondence address and name and the designation of the Authorised Signatory with his power of attorney, name of the Directors with their designations, names of the partners, active partners, sleeping partners, their shares and name of the partner sponsored to deal with BPCL and power of attorney in his favour etc. and any other relevant information etc. TENDERER s SIGNATURE WITH RUBBER STAMP 4

5 6) Tenderer have to compulsorily furnish the permanent income tax account number of the company and/or the proprietor/partner & also income tax clearance certificate / or income tax return filed for the previous 2 financial years. 7) Tenderer should have past experience in the job of pressure testing & should submit the proof of past experience to this effect. 8) Tenderer should give the correct details with proofs wherever required regarding per month capacity of his pressure testing plant viz. Total capacity of Plant for Pr. Testing of Cyls., Number of Shifts Operated for the Job, Capacity already being utilized, (Cylinders/month), Spare Capacity available of the job proposed under this tender (Cylinder/ month) & future plans to increase the capacity etc. Indicating wrong spare capacity will entail penal action as per clause 3 above and EMD submitted will be forfeited and/or any other action may be taken as deemed fit by the Corporation. 9) If you are in the business of Cylinder manufacturing, please give the details like cylinder manufacturing per month, capacity already being utilized per month. 10) You are also required to furnish an EMD of Rs. 1,00,000/- while submitting this tender. The EMD should be in the form of a Demand Draft payable at Rajkot or a Bank Guarantee valid for a period of six months for the same amount as per the format enclosed in (Annexure - XII). The Demand Draft / Bank Guarantee should be drawn on a Nationalized Bank / Scheduled Banks (other than Cooperative Banks) only. Tenders received without the requisite EMD as stated above shall be summarily rejected. 11) Cheques and / or request for adjustment against any pending dues/ bills will not be accepted as EMD. Any tender with such requests / Cheques shall be treated to have been received without EMD & shall be rejected. 12) EMD / Bank Guarantee will be forfeited if the tenderer :- a) Modifies / withdraws the offer during the validity period of 180 days from the closing due date of the tender. b) Refuses to sign the agreement after award of the work by the Corporation. c) Provides wrong information in the quotations/ annexure. 13) In the case of unsuccessful tenderer, the EMD will be refunded to the party after the finalization of the tender. In case of successful tenderer(s) the EMD will be refunded only after the completion of all the formalities i.e. the submission of the Security Deposit, Insurance cover & signing of the Agreement etc. No Interest will be payable on the EMD. 14) Factory premises should be open to BPCL Officials for On the spot surprise checking at any time during the tenure of the contract. 15) Please quote your lowest rates for the job of Pressure Testing / Painting, Rejection, & Transportation etc. per cylinder in the SCHEDULE OF RATES (Annexure XV) attached. (Please note that no change and/or addition in the format of the Schedule of Rates are to be made. Changes and/or additions of any nature made will not be considered. TENDERER s SIGNATURE WITH RUBBER STAMP 5

6 16) The Rates should be firm throughout the period of the contract, which should be inclusive of cost of all the materials, paint, labour, electricity, water, power equipments, tools/tackles, Goods and service tax, work contract tax etc. all taxes levied by Local Bodies, State/Central Govt., duties, octroi, octroi surcharge, road / toll tax, loading, unloading at both ends etc., including Inspection/Certification charges etc. and any other charges etc. All materials are to be supplied by the tenderer unless otherwise advised. Revision in rates on account of increase in material cost or increase in cost of any nature etc. and /or increase in any of the taxes, Goods and service tax etc. or levy of any new taxes etc. of whatever nature will be not be allowed during the tenure of contract. 17) The rates quoted for transportation should be inclusive of Octroi, Octroi Surcharge, Octroi service charge, cost of fuel, tyres, tubes, lube oil, toll tax, all taxes levied by Local Bodies, State/Central Govt., duties and other levies applicable en-route, between the location/s allocated for pressure testing and your works as well as loading/unloading of cylinders at both the ends & including everything applicable in respect of transportation. Revision / Increase in rates - on account of any of these, or levy of any new taxes/octroi etc. or any increase of whatever nature will not be allowed during the tenure of contract. 18) All the rates quoted will remain firm during the tenure of the contract. No escalation of any nature will be permissible. Also, no reimbursement will be made for any new taxes, duties, levies etc. that may be introduced in future. 19) The rates quoted shall be valid for a period of 180 days from the closing date of the tender. Once the quotation is accepted, the rates quoted shall be firm till the entire work is completed in all respects. Escalation in the rates on any account will not be considered. 20) The cylinders for pressure testing may be awarded to a party based on the capacity available with them. However, in case the quantities are allocated, it will be tenderers responsibility to complete the entire quantity during the period of the contract or the extended period, as deemed fit by the Corporation, immaterial of the contractual period of one year mentioned in this tender. Failure to do so will entail penalty and/or any action as deemed fit by the Corporation. This clause to be read in conjunction with clause no. 43 appearing herein afterwards. 21) The contract will be valid for a period of one year from the date of awarding the contract. The contract can be extended for a further period of one more year on the same rates, terms and conditions, based on mutual consent. However, in case of failure on the part of the tenderer to complete the allocated quantity/job, completion of the quantity/job will be the essence of the contract and the tenderer cannot take a plea that the contract period has expired. The time period bar of two years will then automatically cease to exist and instead the time period will get extended for completion of the allocated quantity/job by the tenderer, as decided by the Corporation. 22) All entries in the Tender Documents should be in ink/ Typed Corrections, if any, should be attested by full signature of the Tenderer. 23) Tenderer should duly fill in all the required information asked for in the Annexures, sign all the drawings and sign all pages from Annexure I to XIV and affix the TENDERER s SIGNATURE WITH RUBBER STAMP 6

7 Company s seal on the Schedule of Rates Page (Annexure XV) and affix the Official/Company seal on all other pages & return all the documents back to us. 24) The tender documents should reach above address upto 1100 hours of the Due Date mentioned above & the quotations received after Due Date and time will not be accepted. 25) The tenders should be strictly in line with our terms and conditions. Any tender not conforming to the terms and condition prescribed in the Tender document shall be rejected. Counter terms and conditions will not be accepted. Overwriting should be avoided. Corrections if any should be initialed & duly stamped with official seal by the Tenderer. 26) Please ensure that your name or any other identification mark does not appear on the envelope. 27) The tenderer should quote for all items in the tender schedule. The rates should be expressed both in figures and in words; where discrepancy exists between the two, the rates expressed in words shall prevail. 28) The Corporation reserves the right to accept or reject the tender in whole or in part and/or to divide the work amongst Tenderer s in the manner considered suitable and/or to negotiate with the tender (s) in the manner the Corporation considers suitable, without assigning any reason thereof. 29) The Corporation further reserves its right to allow to the Public enterprises Price Preference (facilities as admissible under the existing policy) as may be decided by the Corporation. 30) Acceptance of the offer shall be valid only when advised by the Corporation in writing to the successful Tenderer(s). 31) No unsolicited correspondence/queries will be entertained while award of the contract is under review. Corporation regrets its inability to answer individual queries. 32) Pressure testing has to be carried out in accordance with the requirements of Gas Cylinder Rules, 2016 & Static & Mobile Pressure Vessels (unfired) Rules, 2016 & all the latest amendments issued from time to time by Chief Controller of Explosives, Nagpur. 33) Segregation, rejection, pressure testing and painting will have to be carried out by you as per IS: (latest) as amended from time to time & as per details, Scope of Work, Special Instruction on Pr. Testing etc. provided in Annexure III & IV. 34) The successful tender shall coordinate with bottling plant for upliftment of cylinders lying with LPG Plant for Pressure Testing and shall arrange to uplift these cylinders to avoid accumulation of inventory at plant and shall be fully responsible for quality/period of execution of work. 35) The successful tenderer on their own shall not undertake any change in specifications mentioned in the tender documents. In case of doubts he will refer the matter in writing to the Corporation and act as per clarification given by the Corporation. Any changes in the work involving changes in original specifications quantities/additional items of work should be covered by obtaining suitable variation orders from the Corporation immediately. TENDERER s SIGNATURE WITH RUBBER STAMP 7

8 36) Cylinders will not be accepted back by us unless they are accompanied by Test Certificates as per format (Annexure- VIII). Rejected Cylinders will have to be sent accompanied by a list as per the format enclosed (Annexure - IX). 37) Cylinders rejected on Visual Inspection/Hydro testing must not be deshaped by the party. 38) A monthly statement should be sent to TERRITORY MANAGER-LPG, Rajkot LPG PLANT at office detailing stock of cylinders, Valves lying with you, as per format enclosed (Annexure - X). This statement should reach the plant by the 3 rd of every month, or else the bills could be held up for want of the same. 39) Cylinders given for pressure testing should be returned after the completion of pressure testing, painting and fixing the valves within a maximum period of 10 days from the date of dispatch from the Plant. For delay in completion of the Job beyond the above period, penalty of 50 paisa per cylinder per day will be charged subject to a maximum of Rupee per cylinder per month. 40) The contractor will be testing and cleaning old valves and will reuse them in cylinders. Only sound valves should be fixed on the cylinders. The defective valves will be replaced by salvaged sound valves to be provided by the Territory. 41) All the materials required for this job will be supplied by the Tenderer. The tenderer will have to submit an account, on monthly basis, as to the number of cylinders/valves received and dispatched back to the plant. At the end of the contractual period the tenderer will arrange to return to RAJKOT LPG PLANT, all cylinders/valves/caps etc., failing which Corporation shall recover cost of these items from the Tenderer s Bills/any pending dues, at the prevailing penal rates as may be decided by the Corporation. 42) After the award of Contract the successful tenderer shall not be permitted to sub-contract or assign any of the work to any person/party without prior written consent from BPCL. 43) In case the successful tenderer, after the issue of the contract, fails to carry out qualitative pressure testing/transportation within specified time frame mentioned herein-above, Corporation reserves the right to foreclose the contract and/or get the same work done from any other source / third party and if the cost incurred, therefore is more than the party s rate accepted by the Corporation/mentioned in the agreement, the contractor will be liable to pay the said difference in the cost suffered by the Corporation at the defaulting tenderer's risk, responsibility and cost together with penalty levied if any, at the discretion of the Corporation. 44) The Corporation shall also has a full right to foreclose / terminate the contract anytime during the tenure of the contract without giving any reasons/notice in writing thereof. The tenderer cannot claim compensation for damages nor the tenderer can be exempted from the penalty levied on them for not carrying out timely pressure testing of cylinders and/or if the services &/or the quality of the job/s performed are not found to be satisfactory. In such cases Corporation also reserves the right to forfeit the Security Deposit/Bank Guarantee provided by the tenderer and/or recover the amount from the bills submitted by the contractor, and/or by lodging claims on the contractor for balance amount as necessary. TENDERER s SIGNATURE WITH RUBBER STAMP 8

9 Above is without prejudice to the right of the Corporation to take any other legal / penal action at its sole discretion, as it may deem fit, against the contractor and the contractor shall have no right to dispute the action taken or sum so recovered. 45) On our issuing a letter of Intent, the successful tenderer before signing the Agreement will have to furnish a Security deposit in the form of Demand Draft or a Bank Guarantee of Rs.25,30,000/- for award of job ex BPCL Rajkot LPG Plant. Security deposit has been considered keeping in mind 1100 x 14.2 kg cylinders (2 loads) with the contractor including transit stock. For additional stock, security deposit has to be submitted accordingly. The Security deposit will have to be submitted on a Nationalized Bank / Scheduled Banks (other than Cooperative Banks) only for performance of the contract which should be valid for thirty months with lodgment of claim period as six months. No interest will be paid on the Security deposit. 46) The tenderer will be required to compensate BPCL at the prevailing penal rates on account of loss or damage of cylinder/valve, or if the cylinder returned to us is found to be OMC or spurious cylinder which presently Rs.2300/- per 14.2 kg Rs. 2550/- per 19 kg Rs.4800/- per 19 KG cylinder with LOT Rs. 5100/- for 35 kg Rs.7350/- per 35 KG cylinder with LOT Rs.6450/- for 47.5 kg Rs.8700/ kg cylinder with LOT Valve 850/- per 5 kg cylinder and Rs. 250/- (Rupees two hundred and fifty only) for valve & Rs. 2/- (Rs. Two only) per safety cap. The relevant penal rates may be decided / revised by the Corporation, from time to time. 47) On receipt of Other Marketing Company (OMC) cylinders following caution will be exercised by Tenderer/Tenderers. a) When Tenderer is doing transportation: - Tenderer to ensure that the trucks entering the plant premises should strictly confirm to requirements mentioned in Annexure XI. The tenderer should also ensure that no OMC cylinder Due for Pressure Testing (DPT) is uplifted by them. b) When Transportation is done by the Corporation :- Tenderer s to ensure that in case of any OMC DPT cylinder is received by them the Plant-In charge is immediately informed about OMC cylinders received giving full details of the OMC cylinders e.g. : Cylinder No., Manufacturer s name etc. Along with acknowledgement from the lorry driver concerned for having delivered such cylinders to the Tenderer s premises. i) If any OMC DPT cylinder is pressure tested and/ or returned by the party under this contract, it will be dealt with as under : ii) No pressure testing / painting charges will be paid by the Corporation for the OMC cylinder. iii) Two ways transportation cost will not be paid in case the transportation is being done by the Tenderer s. iv) Corporation at its sole discretion will also recover the prevalent cost of the cylinder/s, valve, caps etc at penal tariff rates which presently Rs.2300/- per 14.2 kg Rs. 2550/- per 19 kg Rs.4800/- per 19 KG cylinder with LOT Rs. 5100/- for 35 kg Rs.7350/- per 35 KG cylinder with LOT Rs.6450/- for 47.5 kg TENDERER s SIGNATURE WITH RUBBER STAMP 9

10 Rs.8700/ kg cylinder with LOT Valve and Rs 850/- (Rs Seven Hundred only) for 5 kg cylinder, Rs. 250/- per valve & Rs. 2/- per safety cap or as may be decided/revised by the Corporation, from time to time v) The decision of the Corporation will be final and binding on the Tenderer s in regard. 48) The Corporation shall have right to deduct and/or realize the said sum or any dues outstanding against the Corporation in case of loss of any inventory by whatever means, on any account and the Corporation reserves the right to recover the amount by forfeiting Security Deposit or as it may deem fit, or as liquidated damage/s or out of any money payable to the contractor by the Corporation. 49) Safekeeping, Transporting and Handling of the company s inventory/equipments within the premises and/or to other locations will be the successful tenderers responsibility for which no extra payment shall be made. 50) The factory premises should be open to BPCL officials for on the spot surprise inspections at any time during the day. 51) In case of careless or rough handling of cylinders by the Tenderer s labour is established, the corporation shall be free to recover the cost of damages/loss from the Tenderer s at penal rate. 52) The pressure tested cylinder, if found unfit at the time of first filling after the same was pressure tested or if the quality of the painting is found to be improper the Cylinder will be sent back to the Tenderer for rectification / repainting at the Tenderer s cost and the additional transport charges incurred on these cylinders will be deducted from the Tenderer s running bills. 53) Bills should be submitted to the respective Plant/Territory within one month after the pressure testing of cylinders are received by the plant, in accordance with the agreement and at the rates specified in the schedule of the agreement in such a format as accepted by the Corporation. 54) The payment for the job performed shall be released by Rajkot LPG Plant for the actual work done on monthly basis after satisfactory completion of the job and after submission of the bills/certificates etc. It will be the contractor s responsibility to ensure that the bills/certificates reach the respective plant. Corporation will not be responsible for the bills lost in transit. 55) Any deductions/dues to be recovered from the contractor(s) will be directly deducted by the Corporation from the contractor s pending/running bills and all the balance dues will be deducted from the Contractor s final bill. 56) The Corporation shall have right to deduct and/or realize the amount due to the Corporation from the Contractor s EMD/SD/BG/pending bills or any money due to the Contractor or out of any money payable to the contractor or the amount may be recovered by any other means the Corporation may deem fit or as liquidated damage/s. The decision of the Corporation will be final and binding on the contractor in this regard. TENDERER s SIGNATURE WITH RUBBER STAMP 10

11 57) The final bill of the successful tenderer shall be paid only after recovering / deducting all the dues outstanding against them and all the inventory of each bottling plant is tallied and balance inventory returned to the plant. 58) On awarding the contract, the Tenderer shall immediately nominate / authorize a representative with the representative s signature for collection of Cheques, letters etc. or else these will be sent to the Tenderer by post. 59) The Tenderer/contractor will undertake to ensure due and complete compliance with all laws, regulations, rules etc. whether of the central govt. or state govt. or any other competent authority applicable to the workmen employed or whose services are otherwise availed of by the tenderer / contractor whether in connection with the job awarded to him or otherwise. The Corporation / Employer shall have the right to inspect the records maintained by the tenderer / contractor concerning such workman from time to time and the contractor/tenderer to produce of the Corporation s / Employer s inspection in order to ascertain whether or not the requirements of all such laws regulations, rules etc. have been complied with by the tenderer/contractor. In the event of any contravention of such laws, regulations, rules etc. coming to light whether as a result of such inspection or otherwise, the Employer/Corporation shall have the right to require to the contractor/tenderer to effect such compliance within such time as the Employer/Corporation may prescribe in that behalf and in the event of the contractor /tenderer failing to effect such compliance within the time prescribed by the Corporation / Employer then the Corporation / Employer shall without prejudice to his rights be entitled to withhold from the amount payable to the Tenderer/Contractor any amount payable to the workmen under any such laws, regulations or rules and to make payment thereof to the workmen. The Corporation / Employer shall also have in that event the right to terminate the contract with immediate effect and to exercise powers reserved to the Corporation / Employer under the contract result of termination. The tenderer will be responsible for any consequences for violation of statutory norms. 60) It will be tenderers responsibility to get the works approved and obtain all necessary certificates in connection with above job from municipal, government or any required authority and ensure that all works/certificates are approved / valid till the period of the contract. 61) Quotations should be submitted only in the prescribed tender schedule form supplied by the Corporation along with all documents together with drawings, General conditions of tender duly signed by the authorized signatory. 62) The tenderer should visit the plant site to acquaint themselves of the site conditions etc. 63) All materials required for the execution of work and before put to use should conform to the standard ISI specifications. Use of substandard material shall be entirely at the risk and cost of the tenderer. No delay on account of non-availability of materials, tools, equipments etc. will be entertained by the Corporation. 64) The responsibility for the safety, security and accounting of materials and equipments brought or installed by the successful tenderer or handed over to them by the Corporation for completion of work shall remain with them at their responsibility. Any damage caused to the material/equipment during the execution of work will be made good by the successful tenderer at their cost. Loss on above account incurred will be recovered from the tenderer in the manner as deemed fit/decided by the Corporation. TENDERER s SIGNATURE WITH RUBBER STAMP 11

12 65) The successful tenderer and his man/men shall abide by all the security/safety rules, regulations in force at location and the laws, bye-laws and statutes of Govt., semi govt. and other local authorities such as requirements/liability under enactment like the Workmen s Compensation Act, Contract Labour Act etc. and the Corporation shall stand indemnified against any claims on these scores. The successful tenderer and his men shall strictly abide by no smoking and other petroleum regulations on the premises. The tenderer / contractor shall be solely responsible for the consequences arising out of any such violation of statutory norms. 66) The successful tenderer shall arrange for at least one competent supervisor to be present at the bottling plant during loading/unloading or progress of work, who shall be duly authorized to take instructions and execute them on his behalf. 67) The successful tenderer should ensure the safety of adjoining property and shall make good any loss to product/property resulting from his negligence. Payments: 68) Bills pertaining to pressure testing/transportation should be submitted to the Rajkot LPG Plant within one month after the tested cylinders are received by the Plant failing which the Bills will be passed only on the Corporation s direction. 69) The Tenderer (s) shall submit the bills to the Corporation in accordance with the agreement and at the rates specified in the schedule of the agreement in such a Format as accepted by the Corporation. It will be the Tenderer s responsibility to ensure that the Bills reach the Plant. The Corporation will not be responsible for Bills lost-in-transit. 70) While making the payments against the bills, Income Tax, Work Contract Tax etc at the prevailing rates/applicable from time to time will be deducted by the Corporation and the TDS certificates will be issued subsequently. 71) Any deduction/dues to be recovered from the Tenderer s (s) will be directly Deducted by the Corporation from the Tenderer s running bills & all the balance dues will be deducted from the Tenderer s final bills or from any other Payment due to the Tenderer/s. 72) The parties hereby agree that the courts in the city of Rajkot alone shall have the jurisdiction to entertain the application or other proceedings in respect of anything arising under this agreement & any award or awards made by the Sole Arbitrator hereunder shall be filed in concerned courts in the city of Mumbai only. 73) Arbitration: a) Any dispute or difference of any nature whatsoever, any claim, cross claim, counter claim or set off of the Corporation against the contractor or regarding any right, liability, act, omission or account of any of the parties hereto arising out of or in relation to this agreement shall be referred to the Sole arbitration of Director (Marketing) of the Corporation or of some officer of the Corporation who may be nominated by the Director (Marketing). The Contractor will not be entitled to raise any objection to any such arbitrator on the ground that the arbitrator is an officer of the Corporation or that he has dealt with the TENDERER s SIGNATURE WITH RUBBER STAMP 12

13 matters to which contract relates or that in course of his duties as an officer of said Corporation he had expressed views on all or any other matters in dispute or difference. In the event of the Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, the Director (Marketing) as aforesaid at the time of such transfer, vacation of office or inability to act, may, in the discretion of Director (Marketing), designate another person to act as Arbitrator in accordance with the terms of the agreement to the end and intent that the original Arbitrator shall be entitled to continue the arbitration proceedings notwithstanding his transfer or vacation of office as an officer of the Corporation if the Director (Marketing) does not designate another person to act as Arbitrator on such transfer, vacation of office or inability of original Arbitrator. Such persons shall be entitled to proceed with the reference from the point at which it was left by his predecessor; it is also a term of this contract that no person other than the Director (Marketing) or a person nominated by such Director (Marketing) of the Corporation as aforesaid shall act as Arbitrator hereunder. The award of the arbitrator so appointed shall be final, conclusive and binding on all parties to the agreement subject to the provision of The Arbitration Act or any statutory modification or reenactment thereof and the rules made there-under for the time being in force shall apply to the arbitration proceedings under this clause. b) The award shall be made in writing and published by the arbitrator within 2 years after entering upon the reference or within such extended time not exceeding further twelve months as the Sole Arbitrator shall by writing under his own hands appoint. The parties hereto shall be deemed to have irrevocably given their consent to the Arbitrator to make and publish the award within the period referred to herein above and shall not be entitled to raise any objection or protest thereto under any circumstances whatsoever. c) 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 Act including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him. d) The parties against whom the arbitration proceedings have been initiated, that is to say, the Respondents in the proceedings, shall be entitled to prefer a cross-claim, counterclaim or set off before the Arbitrator in respect of any matter and issue arising out of or in relation to the Agreement without seeking a formal reference of 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 therefore has been referred to him originally and deemed to form part of the reference made by the Director (Marketing). e) The Arbitrator shall be at liberty to appoint, if necessary any accountant or engineer or other technical person to assist him, and to act by the opinion so taken. TENDERER s SIGNATURE WITH RUBBER STAMP 13

14 f) 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 claim or cross-claim of the parties. g) The Arbitrator shall be entitled to direct any one of the parties to pay the other party in such manner and to such extent as the arbitrator may in his discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportion to meet the arbitrators expenses whenever called upon to do so. h) The parties hereby agree that the courts in the city of Mumbai also 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 concerned courts in the city of Mumbai only. The tenderer has read carefully the above terms and conditions of Tender and agree to abide by the same. Signature of the Authorised Signatory : Date : Name / Seal of the Tenderer : Address : TENDERER s SIGNATURE WITH RUBBER STAMP 14