Bharat Heavy Electricals Limited: (A Government of India Undertaking)

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9890032E

PhoneNo:04172-283043,
Bharat Heavy Electricals Limited
( A Government of India Undertaking) 284698

BOILER AUXILIARIES PLANT E-mail: arunkumarc@bhel.in,


RANIPET – 632 406, INDIA mpcsekhar@bhel.in

WORKS CONTRACT MANAGEMENT DEPARTMENT


REGISTERED POST WITH ACK.DUE
NOTICE INVITING TENDER
Tender Notice No 9890032E, DT: 26.09.2019.
FABRICATION, INSPECTION, PAINTING OF STEEL
Name of work BOXES, CRATES AND FRAMES INSIDE BHEL,
RANIPET PREMISES WITH BHEL MATERIAL.
Type of tender Open tender (Two part).
Period of contract Eight months
Earnest Money Deposit (EMD) Amount Rs.89,000/- (Rupees Eighty-Nine Thousand only)
Last date & Time for Receipt of the
11.10.2019 at 14.00 hrs
Tender
Date of Technical bid Opening 11.10.2019 at 14.30 hrs onwards.
(Please obtain updated information from the BHEL website about the latest applicable dates &
other changes if any in the tender contents)
Bidders whose technical bids are found acceptable will be
Date of Price Bid Opening intimated separately about the status of their offers and the
date of opening of Price Bid.
Tender Box placed in WCM Department (Engg. Building –
Place of submission of Tender Ground Floor (West side) ,
BHEL –BAP- Ranipet – 632 406.
SENIOR ENGINEER / WCM DEPARTMENT
ENGG. BUILDING –GROUND FLOOR(WEST SIDE),
Address on the Sealed Tender
BHARAT HEAVY ELECTRICALS LIMITED
Cover to be:
RANIPET , VELLORE DISTRICT
TAMIL NADU– 632 406.
Venue of the Tender Opening WCM DEPARTMENT
Note:

1. The Tender documents can be down loaded from BHEL website


(http://www.bhel.com/tender/list_tender.php) and Govt tender web site: http://tenders.gov.in/ and also
in Central Public Procurement Portal (CPP) website: http://eprocure.gov.in/epublish/app

2. Interested bidders may alternately collect hard copy of tender specification documents at free of cost
from WCM Dept / BHEL / Ranipet on all working days (between 10.00 to 15.00 hrs) .

3. BHEL reserves the right to accept or reject any or all tenders without assigning any reasons
whatsoever.

4. All corrigenda, addenda, amendments, clarifications etc. to tender specification will be hosted in the
web pages (www.bhel.com > Tender notifications > view corrigendum) only and not in the news
papers. Bidders shall keep themselves updated with all such developments.

5. BHEL reserves the right to reject any tender on the basis of unsatisfactory performance of the bidder
in any on going job or any similar job in the past.

SENIOR ENGINEER / WCM


ISSUING OFFICER
Page 1 of 31 SIGNATURE OF THE BIDDER
WITH SEAL AND ADDRESS
9890032E

INDEX

CHAPTER DESCRIPTION PAGE NO

1.
Scope of Work & BOQ 3

2.
Qualifying Requirements (QR) 5

3.
Special Instructions to the contractor 6

4.
Details to be filled by the Bidder 8

5.
Tender Conditions 9

6.
General Instructions to Tenderers 12

7.
Special Conditions of Contract 14

8.
General Conditions of Contract 16

9.
Price Bid 31

10.
Drawings for 9 items 9 Sheets

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Page 2 of 31 SIGNATURE OF THE BIDDER


WITH SEAL AND ADDRESS
9890032E

SCOPE OF WORK

1. Collection of necessary drawings for fabrication.

2. Collection of all input materials/components/fasteners/paints issued from BHEL stores/cut bit stores
on free issue basis.

3. Movement of collected materials/components/fasteners to the place identified, for the of Works.

4. Mobilizing the adequate required Manpower and deployment for the works to meet BHEL’s time
schedule.

5. Fabrication of structural steel Components / items including power tool cleaning, grinding, cutting,
painting and stenciling etc. as per BHEL drawings and specifications.

6. The contractors shall bring all other accessories like welding machines including welding
electrodes, gas cutting sets including gas, grinding machine with grinding wheels, drilling
machine with drill bits, tools & tackles, crane(s), safety equipment, ladders etc. to carryout
the fabrication work.

7. The finished items after fabrication shall be cleaned and painted as per BHEL requirements.

8. Movement of boxes and crates to respective area in shipping yards are in contractor’s scope.

9. Simple fixing / mounting of facility items are in contractor’s scope.

10. Maintaining records for receipt of materials from BHEL , its utilizations & returning of excess material
etc. including paint drums.

11. Returning of any excess materials including prime material / big size scrap/cut bits/
scrap/fasteners/empty paint drums etc. to BHEL stores as instructed by BHEL Engineer.

12. Inspection will be carried as per BHEL Quality plan by BHEL/ BHEL nominated agencies. Contractor
has to assist the inspection.

BHEL’S SCOPE :

1. All materials required as per BOM of the drawings.

2. Power will be supplied at free of cost by BHEL.

3. Stress relieving of the welded components (if required) is in BHEL scope.

4. Paint and related consumables will be in BHEL scope.

******************

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Page 3 of 31 SIGNATURE OF THE BIDDER


WITH SEAL AND ADDRESS
9890032E

BILL OF QUANTITY

Approx. Total job


SL.No Item description Quantity Unit Weight of each weight
job in MT (a) in MT
Steel Box - 3X2.5x1.5M
1 100 No. 0.887 88.72
Capacity 10MT
Steel Box - 6X2.5x1.5M
2 100 No. 1.600 160.05
Capacity 20MT
Steel Box -
3 12.5X2.5x1.5M Capacity 90 No. 3.607 324.63
25MT
Steel open crate -
4 12.5X2.5x2.0M Capacity 125 No. 2.875 359.38
25MT
Steel open crate -
5 12.5X2.5x2.5M Capacity 150 No. 3.085 462.75
25MT
Steel Box - 5.5 x 2.7 x
6 25 No. 2.099 52.48
2.35M Capacity 20MT
Steel Open crate -
7 10.5x3.6x2.5M Capacity 50 No. 3.339 166.95
20 MT
Steel Base frame
8 12.5x2.5M Capacity 25 50 No. 1.548 77.41
MT
Steel Base frame –
9 10 No. 1.112 11.12
9x2.5M Capacity 18 MT
Total Weight 1703 + 5%
in MT = 1788 MT
700 ±5% Total Weight
in MT 1800 MT
(apprx.)

Delivery Schedule: Timely delivery is the essence of the Contract. BHEL has full right to divert the
items to other suppliers for the vendors who are not meeting delivery schedule. Vendors are expected
to deliver finished goods rate schedule wise as given below :-

S No Description Qty. 1st 2nd 3rd 4th 5th 6th 7th 8Th
(Nos.) Month Month month Month Month Month Month Month
1 Steel Box-3X2.5x1.5M Capacity 100 15 15 15 15 10 10 10 10
10MT
2 Steel Box -6X2.5x1.5M Capacity 100 15 15 15 15 10 10 10 10
20MT
3 Steel Box-12.5X2.5x1.5M Capacity 90 10 10 10 20 10 10 10 10
25MT
4 Steel open crate- 12.5X2.5x2.0M 125 15 15 15 20 15 15 15 15
Capacity 25MT

5 Steel open crate - 12.5X2.5x2.5M 150 20 20 25 25 15 15 15 15


Capacity 25MT
6 Steel Box - 5.5 x 2.7 x 2.35M 25 3 3 3 4 3 3 3 3
Capacity 20MT
7 Steel Open crate - 10.5x3.6x2.5M 50 6 6 6 8 6 6 6 6
Capacity 20 MT
8 Steel base frame-12.5x2.5M 50 8 8 8 8 5 5 5 3
capacity 25MT
9 9x2.5M Capacity 20 MT Base 10 2 2 2 2 1 1 0 0
frame

Page 4 of 31 SIGNATURE OF THE BIDDER


WITH SEAL AND ADDRESS
9890032E

QUALIFICATION REQUIREMENTS (QR):

Name of work: Fabrication & Painting of facility items and fixtures as per BHEL drawings,
inside BHEL premises.
BIDDER’S
S.No Description BHEL REQUIREMENT
CONFIRMATION
Rs.89,000/-
DD/Ref. No.
Note: MSME vendors also have to pay
EMD
1 EMD (as per point no.35). (More
details please ref. pg.no.9, sl.no.8
_____________
regarding EMD remittance)

“Contractors should have min. one year


experience in General fabrication of
Eligibility Structural steel works. They have to
2
submit work order and completion
certificate/ inspection report as evidence.”

3. Tender bids not meeting any of the above pre-qualification criteria shall be rejected and shall
not be considered for further evaluation of tender.

4. The bidders to note that possession of Provident Fund (PF) code is not a pre-condition for
participation in the tender. However, the successful bidder should ensure to get the PF code
Number and the PF amount deducted from their employees are to be deposited in this PF
code along with their contribution.

5. BHEL reserves its right to reject the tender on account of unsatisfactory past performance
by the bidder in other projects awarded under different enquiry.

6. The work executed in the own name of the bidder only will be considered for similar works
executed for meeting the eligibility criteria.

7.Offers of the Contractors/Suppliers , against whom , any unit of BHEL had initiated
process for banning or already banned will summarily be rejected.

8.In case a Partner or a member having partnership or membership in more than one firm,
offer from one firm only will be considered and offer from other firms will not be considered.

************

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Page 5 of 31 SIGNATURE OF THE BIDDER


WITH SEAL AND ADDRESS
9890032E

SPECIAL INSTRUCTIONS TO THE CONTRACTOR

1. PAINTING & MARKING: The finished product shall be cleaned and painted as per following details:
SI. No Description No. of Scope Total DTF
coats
1. Outer Width Side of the steel Box/
Crates*
Red oxide zinc phosphate primer 1 Coat Paint and related
(Alkyd Base ) to ISI12744 consumables will be 1(30)+2(20)
DFT=30µm per coat given by BHEL at free =70µm
of cost. Contractor has
Synthetic Enamel (long oil Alkyd) to 2 Coats complete the work
IS 2932 within their quoted
Yellow shade No:356 of IS 5 rates itself.
DFT-20 microns/coat
Left over sides of the steel Box 2 Coats 2(30)
2. Red oxide zinc phosphate primer =60µm
(Alkyd Base ) to ISI12744
DFT=30µm per coat
As per BHEL requirement
2. All surfaces to be painted will be thoroughly cleaned of all grease, oil, paint residues, welding splashes, loose mill
scale, dust, rust and any other foreign matter. Mechanical cleaning by power tool and scrapping with steel wire
brushes will be adopted to clear the surfaces. However, in certain locations where power tool cleaning cannot be
carried out, sand scrapping may be permitted with steel wire brushes and/or abrasive paper. Cleaning with solvents
will be resorted to only in such areas where other methods specified above have not achieved the desired results.
Cleaning with solvents will be adopted only after written approval of BHEL. Sharp edges have to be rounded off.
3. Two coats of yellow paint on both sides of the Box and Crates (i.e. Width sides of the Box and Crates). Four lifting
lugs should be painted with yellow colour. Chain markings and Centre of Gravity marking should be provided on
both sides of the Box and Crates i.e Lifting Lug sides –length wise. Stenciling has to be done on both sides of the
Box and Crates i.e on the width side of the Box where painting with yellow colour is carried out. Content to be
stenciled is as given below:
“BANGLADESH-INDIA FRIENDSHIP POWER COMPANY (Pvt.) LIMITED, 2X660 MW
MAITREE SUPER THERMAL POWER PROJECT, BANGLADESH EPC CONTRACTOR -
BHARAT HEAVY ELECTRICALS LIMITED, INDIA
DESTINATION:
SITE INCHARGE
2x660 MW MAITREE SUPER THERMAL POWER PROJECT, PO-
KALEKKHARBER, UNION- RAJNAGAR, UPAJILA-RAMPAL, DIST:
BAGERHAT-9343, BANGLADESH CONTACT NO.: +8801678582823

PACKAGE NUMBER:
BHEL/MTR/BD/TRY/FBO/
NET WEIGHT:
GROSS WEIGHT:
DIMENSIONS (L x B x H):

CONTRACT NO. BIFPCL/EPC-MAIN PLANT/2016/01


PURCHASER: BIFPCL, BANGLADESH”

4. Stenciling of BHEL emblem and Arrow mark has to be done on both sides of the Box and Crates. As per drawing,
Top side connecting channels should be tack welded.Closing sheets should be kept below the box/crate during
transportation to avoid bending. Boxes should have visible type unbreakable glass window on both sides of the
closed type boxes for custom inspection & Shall be marked as Inspection window by stenciling. The closed type
boxes shall also be provided with a tray (size: 100mmx50mm) with screwing arrangement removing/holding
packing slips.
5. The quantum ordered in a particular rate schedule will vary subject to availability of load with BHEL, tender
ranking, Supplier performance rating of Vendor, spare capacity available with Vendor and previous pending BHEL
order with Vendor.

Page 6 of 31 SIGNATURE OF THE BIDDER


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9890032E
6. The contractor has to mobile all the resources within two days of placement of work order and has to complete
the delivery as per delivery schedule of allotted work.
7. Staggered requirement (if any) shall be informed separately from time to time to the contractor by BHEL after
placement of Work order. The finished components have to be dispatched as per the dispatch priority issued by
BHEL. In case the particular type of Box/crate is not required immediately, BHEL will have right to ask the vendor
to hold the items till further clearance within the period of the contract.
8. The contractor has to arrange for dispatch of the boxes/ crates either in Trucks or Trailer for safe delivery through
their transport carriers. Safe delivery of the goods to specific area inside BHEL-Ranipet is in the scope of the
contractor. Any Deviation/ discrepancy in Boxes / crates received by BHEL, if any shall have to be rectified or
replaced by the contractor. If the same is not rectified/replaced by the concerned contractor, the same will be
rectified /replaced by BHEL and the cost incurred shall be recovered from the contractor.
9. Loading of finished goods on Truck / Trailer including packing, lashing wherever required for safe transportation
is in the scope of the contractor. The contractor has to submit DC and GST Invoice to BHEL.
10. The contractor should get their clarifications (wrt. Engg. drawings, Material substitutions, quality procedural
clarifications) resolved at the earliest from the receipt of Drawing / Work order. Any delays in on the contractor
part for raising query will have to be accommodated by the vendor within the WO delivery date.
11. The weights in Group Manufacturing Specification (GMS) shall be the basis for calculating the total requirement
of raw materials for fabrication. However, contractor shall correlate all the drawings & GMS and take into
consideration a suitable process allowance over and above this, for withdrawing of raw materials. For the purpose
of billing, the weight of GMS shall be the basis. Changes in the weight due to material substitution will be carried
out by temporary DCN & GMS and payment will be made to the actual weight only as the rates are obtaining in
MT basis.
12. INSPECTION: Inspection shall be by BHEL and / or by BHEL appointed agency or persons authorized by BHEL.
The contractor shall provide all facilities, calibrated instruments and standard gauges required for inspection free
of cost. The works are deemed to have been completed and accepted, only after the inspector / Agency/Agencies
accept/approve the Inspection Report (IR). Nevertheless, inspection and acceptance of the component does not
absolve the responsibility of the vendors against any manufacturing defects noticed later.
13. COUNTER OFFERING PROCESS: Number of Vendors to be considered for Counter offering process shall
depend on the number of Vendors qualified. The contract will be awarded to maximum 5 No. of contractors
and BHEL reserves the rights to increase or decrease the no. bidders based on requirement. L1 bidder will be
given a load of 35%. Balance 65% will be counter offered to L2 and above vendors in 25%:20%:10%:10% in
seriatim basis. In case, the counter offer will not be accepted by any vendor, that load will be given to L1 bidder
based on his acceptance. If only one bidder has accepted L1 rate, then load distribution will be 60%:40%. If only
two bidders has accepted L1 rate, then load distribution will be 45%:30%:25%. Post price bid opening, if the
rates (as per the landed cost formula) quoted by the lowest bidder is not acceptable to BHEL, then Lowest
Bidder(s) (L1 Vendor) will be called for price negotiation process. BHEL reserves the right to distribute the work
to one or more vendors. As the quantum to be completed is high and delivery requirements are concurrent for
Maitree project, BHEL shall counter offer the finalised L1 Rates (on Landed Cost basis) for Individual Rate
schedules, to all other eligible, quoted vendors as per tender ranking. Vendors may kindly note that the Counter-
offer rates (finalized L1 Rates) shall be offered only to the vendors eligible for that Rate schedule. Based on
acceptance of counter offered L1 rate by Vendor, a Contract will be entered between Vendor and BHEL. BHEL
also reserve the right to re-float or cancel the entire enquiry proceedings partly or fully in case the negotiated
rates are not within BHEL’s estimation. Performance monitoring of the supplier will be carried out periodically.
This will be one of the main criteria for ordering. However, counter offering L1 rate will not be made to H1
bidder. BHEL reserves the right to counter offer to H1 bidder based on the no. of bidders qualified in the tender.
14. ACTION AND COMPENSATION IN CASE OF BAD WORKMANSHIP:If any work has been executed with
unsound, imperfect or bad workmanship or with materials of inferior quality, the fabricator shall on demand in
writing from BHEL specifying the work, materials/articles complained of, notwithstanding that the same may have
been passed, certified and paid for, forthwith, rectify the work so specified in whole or in part as the case may
require, at their own cost and in the event of his failure to do so within reasonable period, BHEL will rectify or
remove and re-execute the work at the risk and expense of the vendor. BHEL will have general supervision and
direction over the work. BHEL has the authority to stop the work, whenever such stoppage may be necessary to
ensure the proper execution of the contract. BHEL shall also have the authority to reject all the work, which does
not conform to the specification, to direct the application of forces to any portion of the work as, in their judgment
is required, and order the force increased or diminished and to decide on matters which arise in the execution of
the work. BHEL reserves the right to suspend the work or part thereof at any time and no claim whatsoever on
this account will be entertained. In case of any dispute, the fabricator may appeal to BHEL whose decision shall
be final and binding.
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Page 7 of 31 SIGNATURE OF THE BIDDER
WITH SEAL AND ADDRESS
9890032E

Details to be filled by the Bidder

S.no. Description To be filled by Tenderer

1. Name of the Tenderer

2. Address for Communication

3. Telephone , Mobile No & Mail Id.

4. Details of experience in Similar Work

Has the Firm/ Proprietor or partners or


directors been convicted of any criminal
5.
offence by any competent court. If so furnish
particulars.
Whether the firm is individual firm or Sole
proprietorship firm or partner ship firm or
6. Hindu undivided Family or association of
persons or Private Limited company or Public
Limited company or any other please specify.
Whether the contractor has registered his
workmen under employees State Insurance
7.
Act. If so, the Registration No./ Enrolment
Number may be furnished.
PAN no and documentary proof (Photo copy
8.
has to be enclosed)
Registration under Tamil Nadu GST, GST
9.
No. (Photo copy has to be enclosed)
The GST heads under which the enlisting
person registered with Excise Authorities and
10.
copy of GST registration certificate has to be
enclosed
Whether the contractor has registered his
workmen under Employees Provident Fund
11.
and Miscellaneous Provisions Act. (Photo
copy is to be enclosed)
Income Tax returns filed acknowledgement
12.
for last 3 years are to be enclosed.

Applicable GST quoted Central tax@ __________%


Note: Please refer clause no.50 (page no.
State tax @ ___________%
26) of Special Instructions of this Tender
13. regarding GST. Integrated tax@ ________%
Union territory tax@_______%

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Page 8 of 31 SIGNATURE OF THE BIDDER


WITH SEAL AND ADDRESS
9890032E

TENDER CONDITIONS
1) Tenders must be submitted in sealed covers and should be addressed to SENIOR ENGINEER
/WCM, BHEL/BAP/RANIPET-632406, with full name and address of the tenderer and the name of
the work being super scribed on the cover. Late offers & incomplete offers shall become liable for
rejection.
2) The tender shall be submitted as given below.
 Cover-1 shall contain the EMD alone. Tender without EMD will be summarily rejected.
 Cover-2 shall contain the techno-commercial bid (Page 1 to 30) and all relevant documents.
 Cover-3 shall contain only the price bid.(Part II Page 31)
Each of the above covers shall be super scribed with tender number, respective cover content
detail as EMD, Technical bid, Price bid and withfull name and address of the tenderer.
Finally, all the above three covers shall be put in one single large cover and super scribed with the
tender number, due date, name of the work and with full name and address of the tenderer.
3) At the time of tender opening,
 Covers containing EMD alone shall be opened first. Tenders received without earnest
money deposit in full or part, in the form prescribed shall be summarily rejected.
 Techno commercial bids of such of those tenderers who satisfy EMD requirements alone
will be opened next.
 Price bids will be opened, after evaluation and suitability of technical bids.
 If any of the tenders not fulfilling the Qualifying Requirements (QR) or non submission of
valid documents within the time limit prescribed by BHEL, their offer shall be rejected.
The date & time of opening of price bid will be intimated to those tenderers who are technically
qualified.
4) The Tender documents shall be published in the BHEL Web sites / Govt tenders web page / CPP
Portal. Any clarifications/corrigendum in this regards will be given only through BHEL web-sites &
CPP Portal and not in any other mode of communication. Bidders shall visit the web page
periodically.
5) Contractor shall quote the rate in all the columns against each schedule of the rate schedule
enclosed in Rupees & Paise only. In case of any difference in the rates quoted in figure and in
words, the lower of the two rates will be taken as tendered rates. If any column is not filled, the
offer shall be rejected.
6) All entries in the tender documents should be in ink only. Errors and over writings are not permitted.
The tenderers concerned shall duly sign all cancellations and insertions. Tenderer shall sign in all
sheets of tender documents.
7) In case the tenderer finds discrepancies or omissions in any of the tender documents or doubt as
to their meaning, he shall at once address the authority inviting the tender, for clarification before
tender opening.
8) Earnest Money Deposit (EMD) of Rs.89,000/- (Rupees Eighty-Nine Thousand only) in the form of
Demand Draft (DD) drawn from any nationalized bank, in favor of “BHEL, Ranipet” payable at SBI,
Mukundarayapuram Branch (Code 7013) / Pay online (https://www.onlinesbi. com/prelogin
/icollecthome.htm-Please ref: Special conditions: Page no.15, sl.no.13) and enclose the payment
details in the EMD cover / FDR receipt from Scheduled Banks / Public Financial Institutions as
defined in the Companies Act (FDR should be in the name of the contractor, a/c BHEL. However
they have to furnish the details of Cash Receipt No. & Date on the top of the EMD cover. EMD in
any other form will not be accepted. Even if vendor have their valid MSE Certificate, need to
pay EMD for this work.
9) The tender document without EMD amount will be rejected. The EMD amount submitted will
be retained by BHEL till finalization of the contract. EMD submitted by the successful tenderer will
be adjusted against security Deposit, and retained till the valid period of the contract/fulfillment of
contractual obligations. EMD given by unsuccessful bidders shall be refunded within 15 days of
acceptance of award of work by the successful tenderer. EMD paid on the name of bidders only
acceptable.
Page 9 of 31 SIGNATURE OF THE BIDDER
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a) “BHEL shall have the right to recover any money due from the contractor from any money
due to the contractor under this contract or any other contract or from the security deposit.”
b) “No interest shall be payable by BHEL on earnest money or security deposit, if applicable, or
any money due to the contractor by BHEL.”
10) EMD by the tenderer will be forfeited if (i) after opening the tender, the tenderer revokes his tender
within the validity period or increases his earlier quoted rates. (ii) The tenderer does not commence
the work within 15 days from the date of LOI/Contract.

11) Tenders shall be sealed and superscribed with tender number. Tenders submitted by post shall be
sent by “REGISTERED POST WITH ACKNOWLEDGEMENT DUE” (or) ‘SPEED POST’(or)
‘COURIER’.. These shall be posted with due allowance for any delay in postal delivery. On no
account, tenders received after the due date and time fixed for receipt of tenders, will be accepted.
12) Last date & time for the receipt of the tender in the office of the Sr. Engineer/ WCM is on 11.10.2019
up to 14.00 Hrs.
13) The Techno commercial bid will be opened in the office of the Sr. Engineer / WCM is on 11.10.2019
at 14.30 Hrs. in the presence of such of those tenderers who choose to be present.
14) BHEL reserves the right to reject the lowest or all the tenders without assigning any reason and to
split up the quantity to more than one tenderer.
15) If a tenderer expires after the submission of the tender or after the acceptance of his tender, Bharat
Heavy Electricals Limited, may at their discretion, cancel such tender. If a partner of a firm expires
after the submission of the tender, or after the acceptance of the tender, Bharat Heavy Electricals
Limited, may cancel such tender at their discretion, unless the firm retains its character.
16) Canvassing in any form in connection with the tender is strictly prohibited and the tenders submitted
by the contractors who resort to canvassing will be liable for rejection.
17) The tenderer should produce certificate of credit worthiness along with particulars of cash
credit/overdraft/Bank Guarantee/solvency facilities for limits enjoyed by them and the extent of the
utilization so far from their bankers.
18) Tender documents will be issued only to the concerned party or their authorized representative and
to be submitted by the same party. This tender schedule is not transferable under any
circumstances.
19) All tenders shall reach WCM on or before the specified scheduled date & time. Tenders submitted
after the due date will not be considered. BHEL is not liable for loss/damage/delay of the tender
documents in transit.

20) The tenderers are requested to bear in mind the entire operations involved, and the conditions
during currency of the contract, and request for rate revision of any kind will not be entertained.
21) AGREEMENT: The tenderer after award of work by BHEL through letter of indent shall execute an
agreement in the form and the manner as specified by BHEL on non-judicial stamp paper of value
not less than Rs.100/-.The cost of stamp paper will be borned by contractor.
22) STAMPING THE AGREEMENT: The expenses of completing and stamping the agreement are
borne by the contractor.
23) Tenderers should read the tender documents, general terms and conditions thoroughly and to be
acknowledged by signing at the bottom side in all the documents papers and the same may be
submitted.
24) If tenderer have any question arises about the tenders, they may please get it clarified from WCM
during week days from 08.00 to 16.00 hrs with the under signed.
25) The validity of the offer shall be 90 days from the date of tender opening.
26) Multiple Bids:
The bidder in his own interest shall submit only one bid. If a bidder submits multiple bids, all the
bids are liable for rejection. Bids shall be considered “Multiple” in the following circumstances:
a) Two bids by the same party.
b) If one bidder is the Affiliate of another bidder.

Page 10 of 31 SIGNATURE OF THE BIDDER


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For the purpose of this clause “Affiliate” shall mean with respect to any Person, any other Person
that, directly or indirectly, controls, is controlled by, or is under direct or indirect common control
with, such Person, or is a director/ member / officer/ employee of such Person or of any Person
who would otherwise qualify as an Affiliate of such Person pursuant to this definition; “Person” for
the purposes of this definition shall mean any natural person, individual, corporation, limited
partnership, co-operative, general partnership, joint stock company, joint venture, association,
company, trust, bank, trust company, land trust, business trust, corporate body or other
organization, whether or not a legal entity."
27) Fraud Prevention Policy:
The bidder along with its associate / collaborators / sub-vendors / consultants / service providers
shall strictly adhere to BHEL Fraud Prevention Policy displayed on BHEL website
http://www.bhel.com and shall immediately bring to the notice of BHEL Management about fraud
or suspected fraud as soon as it comes to their notice.
28) Suspension of Business Dealings:
The bidder along with its associate / collaborators / sub-vendors / consultants / service providers shall
strictly adhere to “Guidelines for Suspension of Business Dealings with Suppliers/ Contractors”
AA/MM/SB/01 Rev: 02, Dt.22.07.2016 displayed on BHEL website http://www.bhel.com.
(http://www.bhel.com/vender_registration/pdf/Suspension_guidelines_adbridged.pdf)
29) SET OFF Clause: "BHEL shall have the right to recover any money which in the sole opinion or
BHEL is due from the Contractor from any money due to the Contractor under this Contract or any
other contract or from the Security Deposit furnished by the Contractor under this Contract or any
other contract. "
30) "Notwithstanding anything to the contrary, including, but not limited to, provisions relating to
extension of time and compensation/or delay, time shall be the essence of the Contract."
31) The contractor should have to arrange police verification certificate of concern workers (whom they
are going to be engaged for these works) for obtaining entry pass.
32) The Contractor agrees that no claim for interest or damages will be entertained or be payable by
BHEL in respect of any money or balances or amounts of whatsoever nature which may be lying
with BHEL owing to any disputes or differences between the parties irrespective of whether the
same is decided by any authority to be paid or returned to the Contractor."
33) For every month, the contractor shall prepare & submit bill in the succeeding month within one
week from the date of certification of quantity by user dept.
34) Any billing related query, clarification, document requirement, etc. shall be resolved in one go by
the Contractor within one week from the date of intimation.
35) There is no EMD exemption for MSME Vendors. MSME vendors also has to pay EMD amount
of Rs.89,000/- for this tender.
36) Discrepancy in “words” & “Figures”

a) If, in the price structure quoted for the required goods/services/works, there is discrepancy
between the unit price and the total price(which is obtained by multiplying the unit price by the
quantity), the unit price shall prevail and the total price corrected accordingly, unless in the
opinion of the purchaser there is an obvious misplacement of the decimal point in the unit price,
in which case the total price as quoted shall govern and the unit price corrected accordingly.
b) If there is an error in a total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail and the total shall be corrected; and
c) If there is a discrepancy between words and figures, the amount in words shall prevail, unless
the amount expressed in words is related to an arithmetic error, in which case the amount in
figures shall prevail subject of (a) and (b) above.
d) If there is such discrepancy in an offer, the same shall be conveyed to the bidder with target
date up to which the bidder has to send his acceptance on the above lines and if the bidder
does not agree to the decision of the purchaser, the bid is liable to be ignored.

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Page 11 of 31 SIGNATURE OF THE BIDDER
WITH SEAL AND ADDRESS
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GENERAL INSTRUCTIONS TO TENDERERS
1. Any deviation to this tender terms & conditions and schedules of this tender will lead to total rejection
of the offer submitted. Belated/late offers and incomplete offers shall become liable for rejection.
2. At the time of tender opening,
 covers containing EMD alone shall be opened first.
 Technical bids of such of those tenderers who satisfy EMD requirements alone will be opened
next.
3. Conditional tenders, tender containing absurd rates and amounts, tenders which are incomplete,
otherwise considered defective, tenders not in accordance with the tender conditions are liable for
rejection.
4. Tenders not submitted on the prescribed forms will be rejected.
5. While quoting the rates, the tenderers are advised to carefully take into account all factors including
any fluctuations of whatsoever in the market conditions, working environment, house keeping
requirement, rates etc. No claim shall be entertained on this account after acceptance of the tender
or during the currency of the contract.
6. If a tenderer withdraws his offer after submission of his tender or after acceptance of his tender, fails
to provide the vehicle in accordance with the instructions of the Sr. Engineer/WCM, the EMD amount
will be forfeited by BHEL RANIPET and acceptance of his tender will be withdrawn.
7. M/s Bharat Heavy Electricals Ltd, reserves the right to reject any or all the tenders received or
accept any tender or part thereof without assigning any reason therefore.
8. Before submitting the quotation the tenderers are advised to get clarified the scope of work and any
other doubts relevant to submit their offer.
9. Rate should be quoted as per the work/rate schedule. Rate quoted in any other form will not be
accepted and will be rejected.
10. The contractor’s responsibility under this contract shall commence from the date of issue of LOA /
WORK ORDER by BHEL.
11. (i) Should a tenderer or a contractor has a dependent/relative or in the case of a partnership firm, any
of it’s partners or dependents of partners employed in BHEL, the authority inviting tenders shall be
informed of this fact at the time of submission of the tender failing which tender may be disqualified or
if such fact subsequently come to light, the contract may be cancelled.
(ii) No BHEL employee and their dependents are eligible to submit their offer against this tender.
12. In the event of expiry or incapacitance of a tenderer after submission of the tender, BHEL may at
their discretion cancel their offer/quotation.
13. BHEL will not be bound by any Power of Attorney granted by the tenderer or on their behalf or
changes in the composition of the firm made subsequent to the execution of the contract. They may,
however, recognize such power of attorney and changes after obtaining proper legal advice, the cost
of which will be chargeable to the contractor concerned.
14. If the contractor deliberately, gives wrong information in his tender or creates, conditions favorable for
the acceptance of his tender, BHEL reserves the right to reject such tender at any stage.
15. Words imparting the singular number shall also deemed to include the plural number and vice versa
where the context to requires.
16. The expenses for completing and stamping the agreement shall be to the contractor’s account and to
be carried out immediately as demanded by BHEL.
17. The general and special conditions of contract are complementary to each other and where there is a
conflict, the special conditions shall prevail. In regard to matters not covered by the General or
Special Conditions of Contract, those contained in the specifications approved by BHEL shall apply.
18. Tenderers shall not increase their quoted rates at any point of time.
19. Canvassing in any form in connection with the tender is strictly prohibited and the tenders submitted
by the contractors who resort to canvassing will be liable for rejection.
20. The “GENERAL CONDITIONS AND INSTRUCTIONS TO TENDERERS AND SPECIAL CONDITIONS
TO THE TNEDERER’’ shall be deemed to form an integral part of contract for the work to be entered
into.

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21. The tenderer should be present if called for clarifications/negotiation. In case, the tenderer’s
authorized person is attending the call, such person should have the due authorization letter and
he should be capable of taking spot decisions.
22. In case the addressee is not interested in submitting quotation, the addressee should return all
the tender papers with a covering letter stating that he is not interested in this tender.
23. The tenderers can visit BHEL on working days during office working hours for any clarifications
before submitting their offer.
24. BHEL reserves the right to increase or decrease the tendered quantity and split the
tendered quantity among more than one tenderer and place orders accordingly in any
proportion, based on commitment, requirement and suppliers' capability in terms of delivery and
quality.
25. Lowest prices received against BHEL tenders need not be the technically acceptable
one and in that case BHEL reserves right not to consider the same.
26. To the extent possible BHEL would avoid negotiation if competitive and reasonable rates are
obtained in the tender.
27. In case negotiation if found necessary BHEL reserves the right to restrict / select contractors
based on the merits for the negotiations.
28. BHEL reserves the right to negotiate or refloat the tender opened if L1 price is not the lowest
acceptable price to them inter-alia other reasons.
29. If a ring formation is suspected, BHEL may reject all offers or retender or call new
sources who have not been contacted or responded against this tender.
30. Sources contacted in this tender does not automatically qualify for consideration just
because they are found to be lowest in the tender. BHEL reserves the right to reject any
offers without assigning any reason.
31. In the event of awarding of work, the performance of the tenderer of contract, will be monitored
for all categories of work and BHEL reserves the right to initiate suitable action including
suspension / foreclosure / termination of the contract.
32. BHEL reserves the right to accept or reject the lowest or any other tender or accept or reject
any part of such tender without assigning any reasons therefor.
33. The Successful Tenderer shall agree to the following conditions:
Contractor shall indemnify and keep indemnified BHEL, its other contractors and /or sub-
contractors and its/their employees from all actions, proceedings, suits, claims, demands,
liabilities, damages, losses, costs, charges, expenses judments and fines arising out of or in the
course of, or caused by the execution of work under the Contract or other obligations hereunder
directly or indirectly associated herewith which may arise due to:
i) breach of law by the Contractor, or any of its sub-contractor, or any of their respective
employees.
ii) negligence or willful default by the Contractor, or any of its sub-contractor, or any of their
respective employees.
iii) failure by Contractor to proceed with Project in accordance with the determinations,
instructions and clarifications of Company pending disagreement, dispute, protest, request
for arbitration/ court proceedings
iv) loss of property or death of any employee of BHEL or of its other contractors/ sub-
contractors.
The above shall be without prejudice to any other remedy that may be available to BHEL whether
as per law, contract, equity or otherwise. The quantum of work/ nature of work to be carried out by
the hired crane will be decided by BHEL from time to time and the availability of the combination of
work.

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Page 13 of 31 SIGNATURE OF THE BIDDER


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SPECIAL CONDITIONS OF CONTRACT

1) The Contractor to bring adequate manpower for carrying out and completion of the daily
activities/works that are assigned by the Shipping Officials specified in the Tender Schedule. The
manpower may be increased or decreased depends upon quantum of work. If the Contractor is not
completing the assigned work in time as specified by BHEL , the same will be completed by BHEL
engaging alternate resources and the difference in rate of payment with BHEL overheads will be
debited/recovered from the Contractor. If such instance repeats frequently it will be viewed
seriously. Whenever there is an additional requirement is communicated by the BHEL Officials, as
per the need, the contractor should provide the additional manpower to carry out the work in time.
2) The Contractor shall be present at the work spot daily and the work shall be carried out under direct
supervision of the contractor. However, in his absence, authorized representatives/agent shall be
available for receiving instructions and to carry out the work under proper supervision. The work
shall not be sub-contracted / delegated.

3) Work carried out by BHEL on overlapping areas shall not be included in the claim and any
deviations to this will be viewed seriously and treated as a violation to the contract.
4) The minimum safety equipments required to be provided for the contractor’s workmen under this
contract are safety boots, leather hand gloves, welding screen, welding/cutting goggles and
apron. It is the responsibility of the contractor not only to provide the work force with such safety
equipments at their cost as may be considered necessary for the execution of the work but also to
ensure their wearing the above safety appliances, failing which corrective action will be taken by
with holding the amount recommended by BHEL /Safety Officials for each violation, which may be
released only after compliance of the same. The work shall not be commenced without wearing the
above safety appliances. The contractor has to follow the BHEL Safety Rules and Regulations as
stipulated from time to time would be followed strictly.
5) As required under the Tamilnadu contract Labor (Regulation and abolition) rules 1975, the
contractor will have to obtain the License in advance. This should be produced as and when
demanded, if not, appropriate action will be taken against the contractor.Since with effect from
01.11.1990 Provident Fund becomes applicable for engagement of a worker even for a single day,
deduction of PF by the contractor has to be ensured. All such contractors have to apply to the PF
Commissioner and get a separate code number allotted to them if they have not already been
allotted a number or registered elsewhere or they are an exempted establishment having their own
PF Trust etc. Proof of deduction as well as remittance of the PF dues to the appropriate authorities
has also to be shown and proper records maintained.
6) The Contractor has to apply and provide ESI facilities to all his employees concern. Similarly the
contractor shall cover all his workers under ESI scheme and produce the enrollment/Code number
allotted by ESI Authorities. The contractor shall be asked to furnish along with the bill each month
for having effected payment of both deduction/contribution towards PF/ESI to the concerned
statutory authorities.
7) The workmen engaged under this contract shall be covered by a comprehensive insurance scheme
in the joint names of the contractor and BHEL. A copy of the attested policy along with premium
receipt shall be deposited with BHEL before commencement of work.
8) The contractor shall pay the minimum wages to his workers not less than the wages that are being
notified by the Tamilnadu Government under the minimum wages Act effective from 01.04.1996
applicable for Engineering and Fabrication industry from time to time.
9) Any increase in wages paid to the workers on account of revision by T.N. Government subsequent
to the award of contract and or during any time of execution of the contract WILL NOT BE
REIMBURSED TO THE CONTRACTOR at actual. The contractor has to foresee such eventuality
in advance and quote the rates accordingly.
10) The contract laborers shall also be allowed paid Weekly Off as per rules.

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11) The contractor has to ensure payment of the statutory prescribed minimum wages as applicable
from time to time and maintain proper records of their timely disbursement. These records would
need to be preserved and made available even after the contract is over for any verification by the
various statutory authorities.
12) Note: BHEL has now made arrangements for payment of EMD thru‟ Online. The steps to
make online payment is detailed as below:
1) Visit https://www.onlinesbi.com/prelogin/icollecthome.htm
2) Click „Proceed‟ button
3) Select „Tamilnadu’ in the drop down menu under „State of Corporate/Institution *”
4) Select „PSU-PUBLIC SECTOR UNDERTAKING‟ in the next drop down menu under “ Type of
Corporate/Institution”
5) Click „Go‟ button
6) Select „BHEL BAP RANIPET in the drop down menu under “PSU-PUBLIC SECTOR
UNDERTAKING‟
7) Click „Submit‟ Button
8) Select „EMD „ in the drop down menu under ´ Select Payment Category‟
9) Now Fill in the required details and ensure correctness of data filled. Ensure that you are
entering correct enquiry/tender number and other details correctly.
10) Make payment for EMD as required in tender after entering the details and enclose copy of
receipt along with tender documents.

SAFETY PRECAUTIONS

1. The Contractor must inspect the area of work to decide the safety precautions necessary for
executing this contract.
2. Whenever people work at height more than six feet, platform shall be provided or the workers shall
wear safety belt to avoid fall from the height.
3. Wherever any area declared as dangerous, the workers shall not be allowed to work till a written
clearance is obtained from appropriate authorities.
4. No material of any kind shall be dropped or allowed to be dropped from any height.
5. Defective ladders shall not be used at all.
6. Inflammable materials shall not be stored near places where the sparks are likely to occur.
7. The necessary safety equipments such as gloves, boots, helmets etc must be issued to the
workmen by the contractor with their own cost and strictly to be used while carrying out the work.
8. If the contractor's workmen are found to be violating the safety precautions, punitive action will be
taken by withholding a sum of Rs.500/- to Rs.1000/- from the contractor’s bill for each violation.
9. The working area shall be kept clean and free from all obstructions.
10. All temporary electrical connections shall be properly earthed, insulated and periodically checked.
11. The contractor should arrange WORKMEN COMPENSATION/ INSURANCE POLICY covered for
all his/her workmen. A copy of the policy has to be submitted before commencement of work.

12. All safety precautions are to be taken by the contractor at his cost.

13. These safety measures shall be deemed to form an integral part of the Work Order/ Agreement.

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Page 15 of 31 SIGNATURE OF THE BIDDER


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9890032E
GENERAL CONDITIONS OF CONTRACT

1. DEFINITION: -
In these General Conditions of Contract, the following terms shall have the meaning hereby assigned
to them, except where the context otherwise requires:-
a) The "Contract" means, the documents forming the tender and acceptance thereof, together with all
the documents referred to therein including general and special conditions to contract. All these
documents as applicable taken together shall be deemed to form one contract and shall be
complementary to one another.
b) The "work" means, the work described in the tender documents in individual work-orders as may
be issued from time to time to the contractor by the Officer-In charge within the power conferred
upon him including all notified or additional items of works and obligations to be carried out as
required for the performance of contract.
c) The "contractor" means, the individual Firm or Company whether incorporated or not, undertaking
the work and shall include the legal personal representatives of such individuals or the persons
composing the firm or Company or the successors of the firm or company and the permitted assigns
of such individual or firm or Company.
d) "The Officer-In charge" means, the Officer deputed by the AGM/ Shipping to supervise the work or
part of the work.
e) "Approved" and "Directed" means, the approval or direction of AGM/ Shipping or person deputed
by him for the particular purposes.
f) "BHARAT HEAVY ELECTRICALS LIMITED" (herein after referred to as BHEL) shall mean the Board
of Directors, Chairman, Executive Director, General Manager or other Administrative Officer of the
said Company including AGM/Shipping authorized to invite tenders and enter into contract for
works on behalf of the Company.
g) The "Contract sum" means, the sum accepted or the sum calculated in accordance with the prices
accepted in tender and / or the contract rates as payable to the contractor for the execution of the
work during the currency of the contract.
h) A "week" means, Seven Days, without regard to the number of hours worked or not worked in any
day in that week.
i) A "day" means, the day of 24 hours (TWENTY FOUR) irrespective of the number of hours worked
or not worked in that day
j) A "working day" means, any day other than that prescribed by the NEGOTIABLE INSTRUMENTS
ACT as being a Holiday, and consists of the number of hours of labour as commonly recognized
by good employers in the trade in the district where the work is carried out or as laid down in the
BHEL regulations.
2. HEADING TO THE CONTRACT CONDITIONS :- The heading to these conditions shall not affect
the interpretations thereof.
3. WORK TO BE CARRIED OUT:- The Contract shall, include all labour, materials, tools, plant,
equipment and transport which may be required for the execution of the work. The Contractor
will be deemed to have satisfied himself as to the nature of the site, local facilities of access and all
matters affecting the execution of the work. No extra charges consequent on any misunderstanding
in these respects or otherwise will be allowed.
4. DEVIATIONS:- The contractor shall not carry out any work not covered by schedule except in
pursuance of the written instructions of AGM/WCM. No such work shall be valid unless the same
has been specifically confirmed and accepted by BHEL in writing and incorporated in the Contract.
5. OCTROI AND OTHER DUTIES:- All charges on account of Octroi terminal or Sales Tax and or
other Duties on materials obtained for the work shall be borne by the Contractor.

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6. PLANT AND EQUIPMENT:- The Contractor shall at his own expense, supply all tools, plant and
equipment (Herein after referred to as T&P) required for the execution of the contract.
7. ASSIGNMENT OF TRANSFER OF CONTRACT:- The Contractor shall not without the prior written
approval of the BHEL, assign or transfer the contract or any part thereof, or any share, or interest
thereon to any other persons. No sum of money which may become payable under the contract
shall be payable to any person, other than the contractor unless the prior written approval of the
BHEL to the assignment or transfer of such money is given.
8. SUB-CONTRACT: - The Contractor shall not sub-let any portion of the contract without the prior
written approval of the BHEL .
9. COMPLIANCE TO REGULATIONS AND BYE-LAWS: - The Contractor shall confirm to the
provisions of any statute relating to the work and regulations and Bye-Laws of any local authority.
The Contractor shall be bound to give all notices required by statute regulations or By-Laws as
aforesaid and to pay all fees and taxes payable to any authority in respect thereof.
10. SECURITY DEPOSIT:
SECURITY DEPOSIT shall be collected from the successful tenderer. The total amount of security
deposit will be 5% of the contract value. EMD of the successful tenderer shall be converted and
adjusted towards the required amount of Security Deposit.
Modes of deposit:
a. The balance amount to make up the required Security Deposit of 5% of the contract value may
be accepted in the following forms:
i) Cash (as permissible under the extant Income Tax Act)
ii) Local cheques of Scheduled Banks (subject to realization)/ Pay Order/ Demand Draft/
Electronic Fund Transfer in favour of BHEL
iii) Bank Guarantee from Scheduled Banks/ Public Financial Institutions as defined in the
Companies Act. The Bank Guarantee format should have the approval of BHEL
iv) Fixed Deposit Receipt issued by Scheduled Banks/ Public Financial Institutions as
defined in the Companies Act (FDR should be in the name of the Contractor, a/c BHEL)
v) Securities available from Indian Post offices such as National Savings Certificates,
Kisan Vikas Patras etc. (held in the name of Contractor furnishing the security and duly
endorsed/ hypothecated/ pledged, as applicable, in favour of BHEL)
(Note: BHEL will not be liable or responsible in any manner for the collection of interest or
renewal of the documents or in any other matter connected therewith)
b. At least 50% of the required Security Deposit, including the EMD, should be collected before
start of the work. Balance of the Security Deposit can be collected by deducting 10% of the
gross amount progressively from each of the running bills of the Contractor till the total amount
of the required Security Deposit is collected.
c. If the value of work done at any time exceeds the contract value, the amount of Security Deposit
shall be correspondingly enhanced and the additional Security Deposit shall be immediately
deposited by the Contractor or recovered from payment/s due to the Contractor.
The recoveries made from running bills (cash deduction towards balance SD amount) can be
released against submission of equivalent Bank Guarantee in acceptable form, but only once,
before completion of work, with the approval of the authority competent to award the work.
d. EMD of the successful tenderer will be converted and adjusted against security deposit.
e. EMD and security deposit shall not carry any interest.
11. Security deposit shall be refunded only after successful completion of the contract to BHEL’s
satisfaction and completion of guarantee period of Two months with submission of No demand
certificate.
12. Should a tenderer or a contractor has a relative or in the case of a firm or company of contractors, any
of its shareholders or shareholder’s relative, employed in Bharat Heavy Electricals Ltd, the authority
inviting tenders shall be informed of this fact at the time of submission of the offer, failing which the
offer may be disqualified or if such fact subsequently come to light, the contract may be cancelled.

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13. BHEL shall not be responsible for any loss of securities, due to liquidation for any other reasons, what-
so-ever or any depreciation in the value of the securities while in their charge or for any loss of interest
there on.
14. All compensation or other sums of money payable by the Contractor to BHEL under the terms of this
contract or under any other contract with BHEL may be deducted from the Security Deposit or realised
by the sale of the securities or from the interest arising therefrom or from any sums which may be due
or may become due to the contractor by BHEL and in the event of this Security Deposit being deducted
by reason of such deductions or sale, as aforesaid, the Contractor shall within 7 days thereafter, make
good in cash or in securities endorsed as aforesaid, any sum by which the Security Deposit has been
reduced.
15. ORDERS UNDER THE CONTRACT:- All orders, notices etc. to be given under the contract shall be in
writing, type-script or printed and if sent by registered post to the address given in the tender of the
Contract, shall be deemed to have been served on the date, when in the ordinary course they would
have been delivered to him. The Contractor shall carry out without delay all orders given to him.
16. CONTRACTOR'S SUPERVISION :- The Contractor shall either himself supervise the execution of the
contract or shall appoint a competent agent acceptable to the AGM/WCM to act on his behalf. Orders
given to the Contractor's agent shall be considered to have the same force as if they have been given
to the Contractor himself. The Contractor or his accredited agent shall attend when required without
making any claim for doing so, either the office of the AGM/WCM or the OFFICER-INCHARGE, to
receive instructions.
17. The AGM/WCM shall have full powers and without assigning any reason,
require the Contractor to immediately cease to employ in connection with this contract, any agent,
servant or employee where continued employment is, in his opinion undesirable. The Contractor shall
not be allowed any compensation on this account.
18. LABOUR:- The Contractor shall remain liable for the payment of all wages or other moneys to his work-
people or employees under the payment of Wages Act 1936, Employees Liability Act. 1938, Workmen's
Compensation Act 1923 or any other Act or enactment, relating thereto and rules framed, there under
from time to time.
19. PRECAUTIONS AGAINST RISK:- The Contractor shall be responsible for providing at his own expense
for all precautions to prevent loss or damage from any and all risks and to minimize the amount of any
such loss or damage and for the necessary steps to be taken for the said purpose.
20. DAMAGE & LOSS TO PRIVATE PROPERTY & INJURY TO WORKMEN :- The Contractor shall at his
own expense reinstate and make good to the satisfaction of the AGM/WCM and pay compensation for
any injury, loss or damage occurred to any property or rights whatever including property and rights of
BHEL (or agents) servants or employee of BHEL, the injury loss or damage arising out of or in any way
in connection with the execution or purported execution of the contract and further the contractor shall
indemnify, the BHEL against all claims enforceable against BHEL (or any agent, servant or employee
of BHEL) or which would be so enforceable against BHEL where BHEL is a private person, in respect
of any such injury (including injury resulting in death) loss or damage to any person whomsoever or
property including all claims which may arise under the Workmen's Compensation Act or otherwise.
21. LAWS GOVERNING THE CONTRACT:- The contract shall be governed by the Indian Laws for time
being in force.
22. CANCELLATION OF CONTRACT FOR CORRUPT ACTS:- BHEL , whose decision shall be final and
conclusive, shall without prejudice to any other right or remedy which shall have accrued shall accrue
thereafter to BHEL cancel the contract in any of the following cases and the Contractor shall be liable
to make payment to BHEL for any loss or damage resulting from any such cancellation to the same
extend as provided in the case of cancellation for default.
If the Contractor shall :-
(i) Offer or give or agree to give to any person in BHEL service any gift or consideration of any kind,
as an inducement or reward for doing or for bearing to do or for having done or for borne to do any
act, in relation to the obtaining or execution of this or any other contract for BHEL service,
OR

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(ii) enter in to a contract with BHEL in connection with which commission has been paid or agreed to
be paid by him or with his knowledge, unless the particulars of any such commission and the terms
of payment thereof have previously been disclosed in writing to BHEL,
OR
(iii)obtain a contract with BHEL as a result of ring tendering or by non-bonafide methods of competitive
tendering, without first disclosing the fact in writing to BHEL.
23. RISK PURCHASE CLAUSE:

If the contractor fails to carry out the specified works as per the contract scope of work within the
timeframe as directed by AGM/WCM or his authorized officials and continues in that state after a
reasonable notice from AGM/WCM or his authorized officials, BHEL reserves the right to have the
work done by any means at the Contractor's risk and expenses provided always that in the event of
the cost of the work so done (as certified by authorized officials of Shipping which is final and
conclusive) being less than the contract cost, the advantage shall accrue to the BHEL and if the cost
exceeds the money due to Contractor under the contract, the Contractor shall either pay the excess
amount ordered by AGM/WCM or the same shall be recovered from the Contractor by other means.
25.CANCELLATION OF CONTRACT FOR INSOLVENCY ASSIGNMENT OF TRANSFER OR SUB-
LETTING OF CONTRACT: -
BHEL, without prejudice to any other right or remedy, which shall have accrued or shall accrue
thereafter to BHEL shall cancel the contract in any of the following cases:
If the Contractor,
a) being an individual or if a firm any partner thereof shall at any time be adjudged bankrupt or have a
receiving order for administration of his estate, made against him or shall take any proceedings for
liquidation or composition under any bankruptcy Act or assignment of his effects of composition or
arrangement for the benefit of his creditors or purport to do so, or if any application made under any
Bankruptcy Act for the time being in force for the sequestration of his estate or if a trust deed be
granted by him on behalf of his creditors
OR
b) being a Company, shall pass a resolution or the Court shall make an order for the liquidation of its
affairs, or a receiver or Manager on-behalf of the debenture holders shall be appointed or
circumstances shall arise which entitle the Court or debenture holders to appoint a receiver or
Manager,
OR
c) Assigns, Transfers, Sub-lets or attempts to assign, transfer or sub-let any portion of the work without
the prior written approval of the BHEL
d) Whenever BHEL exercise the authority to cancel the contract under this conditions, BHEL may have
the work done by any means at the Contractor's risks and expenses provided always that in the event
of the cost of the work so done (as certified by authorized officials of Shipping which is final and
conclusive) being less than the contract cost, the advantage shall accrue to the BHEL and if the cost
exceeds the money due to Contractor under the contract, the Contractor shall either pay the excess
amount ordered by AGM/Shipping or the same shall be recovered from the Contractor by other
means.
e) In case BHEL carries-out the work under the provisions of this condition the cost to be taken into
account in determining the excess cost to be charged to the Contractor under this condition shall
consist of the cost of the materials, hire charges of tools and plants and/or labour provided by the
BHEL with an addition of such percentage to cover superintendence and establishment charges as
may be decided by the AGM/WCM whose decision shall be final and conclusive.
f) In case BHEL carries-out the work under the provisions of this condition the cost to be taken into
account in determining the excess cost to be charged to the Contractor under this condition shall
consist of the cost of the materials, hire charges of tools and plants and/or labour provided by the
BHEL with an addition of such percentage to cover superintendence and establishment charges as
may be decided by the AGM/WCM whose decision shall be final and conclusive.

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26.CANCELLATION OF CONTRACT IN PART OF FULL FOR CONTRACTOR'S DEFAULT :-
If the Contractor :
a) makes default in carrying out the work as directed and continues in that state after a reasonable
notice from AGM/WCM or his authorized representative ;
b) fails to comply with any of the Terms and Conditions of the contract or after reasonable notice
in writing with orders properly issued there under ;
c) BHEL, may without prejudice to any other right or remedy which shall have accrued or shall
accrue thereafter to BHEL CANCEL the contract as whole or in part thereof or only such work
order or items of work in default from the contract. Whenever BHEL exercise the authority to
cancel the contract as whole or part under this condition BHEL may complete the work at the
contractor's risk and cost (as certified by AGM/WCM which is final and conclusive) being less
than the contract cost, the advantage shall accrue to the BHEL. If the cost exceeds the moneys
due to the Contractor under this contract the Contractor shall either pay the excess amount
ordered by AGM/WCM or the same shall be recovered from the Contractor by other means. In
case the BHEL carries out the work or any part thereof under the provisions of the conditions
the cost to be taken into account in determining the excess cost to be charged to the Contractor
under this condition shall consist of the cost of the materials, hire charges of tools and plant
and/or labour provided by the BHEL with an addition of such percentage to cover the
superintendence and establishment charges as may be decided by the AGM/WCM whose
decision shall be final and conclusive.
27. TERMINATION OF CONTRACT ON DEATH OF CONTRACTOR. :-
Without prejudice to any of the rights or remedies under this contract, if the Contractor dies, or if the
firm is dissolved or the company is liquidated BHEL shall have the option of terminating the contract
without compensation to the Contractor.
28. SPECIAL POWER TO TERMINATION:- If at any time after the award of contract, BHEL shall for any
reason whatsoever not require whole or any part of the work to be carried out the AGM/WCM shall give
notice in writing of the fact to the Contractor who shall have no claim to any payment of compensation
or otherwise howsoever on account of any profit or advantage which he might have derived from the
execution of the work in full but which he did not derive in consequence of the fore-closing of the work.
“If any employee/labourer working in the contract is found involved in corruption activities, the
contract will be terminated and the contractor will be banned for applying for any future contract
for 3 years.”
29. SUBMISSION OF BILLS BY CONTRACTOR :- The Contractor at the end of each month shall submit
a bill in triplicate detailing the various items of work done during the month supported by the requisitions
issued from time to time. The Contractor shall, once in every month, submit to the AGM/Shipping
separately details of his claims for the work done by him up to and including the previous month which
are not covered by his contract agreement in any of the following respects:
a) Deviation from the items provided in the contract documents.
b) Extra items / new items of work.
c) Items in-respect of which rates have not been settled. He should in addition furnish a clear
certificate to the effect that the claims submitted by him as aforesaid cover all his claims and
that no further claims shall be raised by him in respect of the work done up to and including
the period under report.
30. PAYMENT OF BILLS: - All payments to be made to the Contractor, under this contract shall be by
"CHEQUE" crossed "A/C PAYEE ONLY" OR by NEFT / RTGS payment within a reasonable time after
the certification of bills by authorized officials of Shipping.
31.RECOVERY FROM CONTRACTOR: - Whenever under the contract, any sum of money, shall be
recoverable from or payable by the Contractors, the same may be deducted from or any sum then due
or which at any time thereafter may become due to Contractor under the contract or under any other
contract with BHEL or from his Security Deposit or he shall pay the claim on demand.

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32. POST TECHNICAL AUDIT OF WORK AND BILLS:- BHEL reserves the right to carry out the post-
payment Audit and technical examination of the work and final bill including all supporting vouchers,
abstracts etc., and enforce recovery of any sum becoming due as a result thereof in the manner
provided in the presiding sub-paragraphs. However no such recovery shall be enforced after three
years of passing the final bill.
33. REFUND OF SECURITY DEPOSIT:- If the Contractor performs and completes the work in all respects
to the entire satisfaction of BHEL and presents an absolute “No Demand Certificate” in the prescribed
form and returns properties belonging to BHEL handed over, lent or hired by him for carrying out the
said works, Security Deposit will be released to the Contractor after deducting all cost of expenses or
other amounts that are to be paid to BHEL under this or other contracts entered into with the Contractor.
It may be noted that in no case the Security Deposit shall be refunded/released prior to passing
of final bill and completion of guarateen period of Two months.

34. FORCE MEJEURE CLAUSE:- If, at any time during the continuance of this Contract the performance
in whole or in part by either party of any obligations under this Contract shall be prevented or delayed
by reason of any War, Hostile acts of the public enemy Civil Commotion, Epidemics, or Acts of God
(Floods, Storm/Cyclone, Hurricane, Earth Quake etc.) then provided notice of happening of any such
event is given by either party to other within 7 days from the date of occurrence therefore neither party
shall by reason of such event be entitled to terminate this Contract nor shall either party have any claim
for damages against the other in respect of such non-performance and delay in performance under the
contract shall be resumed as soon as practicable after such event has come to an end or ceased to
exist. If the performance in whole or part of any obligation under this Contract is prevented or delayed
by reason of any such event, claims for extension of time shall be granted for periods considered
reasonable by the AGM/WCM subject to prompt notification by the contractor.
35. a) Arbitration
i) All disputes between the parties to the Contract, arising out of or relation to the Contract shall
after written notice by either party to the Contract to the other party be referred and resolved by
an Arbitrator nominated by the Unit Head of BHEL, Ranipet

ii) The venue of Arbitration shall be Ranipet, Tamil Nadu. The arbitrator may hold meetings for
convenience in such a place or places discretion.
iii) The award of the Arbitrator shall be final, conclusive and binding on both parties to the Contract.
iv) The Contractor shall, not with standing any disagreement, dispute, protest, request for
arbitration, court or other proceedings, continue to perform the Services in accordance with the
determinations, instructions and clarifications of BHEL.
b) Subject to the above, the appropriate court in Ranipet shall have the exclusive jurisdiction over
any disputing arising out of or in connection with this Contract.
c) The bidder along with its associate / collaborators / sub-vendors / consultants / service providers
shall strictly adhere to BHEL arbitration rules and regulations.
36.Time is the essence of contract and hence any delay in Execution of contract will attract penal action
by BHEL by deduction of such amounts as may be fixed by BHEL as compensation for the delay of
work. This is without prejudice to general conditions of contract mentioned elsewhere regarding
deduction for taking alternative action / cancellation of contract.
37.The quantities mentioned in the tender are only tentative and approximate with variation upto 10%. No
compensation will be paid in case of deviations in the mentioned quantities.
38. SIGNING OF CONTRACT:- Each contract document shall be signed by the Contractor with his usual
signature. Contract by partnership of Hindu Joint Family firm, may be signed in the FIRM'S name by
one of the Partners or the Karta or Manager as the case may be or by any other duly authorised
representative followed by the name and designation of the persons so signing. Contracts by a
Company shall be signed with the name of the Company by a person authorised in this behalf and a
power of attorney or other satisfactory proof showing that the persons signing the Contract documents
on behalf of the Company is duly authorised to do so, shall accompany the contract.

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39. All statutory requirements under Minimum Wages Act,1948, Factories Act 1948, Workmen
Compensation Act 1923,Employees Provident Fund and Miscellaneous Provisions Act, 1952,Payment
of Gratuity Act 1972, Employee State Insurance Act 1948, Contract Labour (R&A) Act 1970, Payment
of Bonus Act 1965, Income Tax Act, GST Act andall other applicable Acts shall be complied with by
the Contractor.
40. Contractor shall comply with all statutory requirements, rules, regulations, notifications in relation
to employment of his employees issued from time to time by the concerned authorities.
41. Contractor shall indemnify BHEL against all claims and losses under various Labour Laws, statutes
or any civil or criminal law in connection with employees deployed by him.
42. Contractor wherever applicable shall maintain proper records prescribed by the concerned statutory
authorities and provides a copy of the same to BHEL.
43. Contractor shall furnish proper returns to the concerned statutory authorities and provide a copy of the
same to BHEL.
44. No interest shall be payable by BHEL on Earnest Money/ Security Deposit/ or any money due to the
Contractor by BHEL.
45. PAYMENT TERMS: Payment will be made on “Monthly submission of bills” , for completion of
works , duly certified by the BHEL Engineer/Official. Every bill / claim is to be enclosed with
certified Material accounting statement (work wise / Drawing wise), on the date of submission
of bill(s).
**********
LABOUR LAWS
TERMS AND CONDITIONS WITH REGARD TO COMPLIANCE OF VARIOUS LABOUR LAWS BY
THE CONTRACTORS FOR BHEL.
01 The contractor shall not employ in connection with the work any person who has not completed 18
years of age.
02 The contractor shall in respect of labour employed by him either directly or through sub contractors,
comply with or cause to be complied with the following statutory provisions and rules and in regard
to all matters provided therein.
(a) The contract labour (Regulation and abolition Act 1970) and the related Central Rules
1971..
(b) The minimum wages Act1948 and the related Tamilnadu Rules.
(c) The payment of wages act 1936 and the related Tamilnadu Rules.
(d) The Factories Act 1948 and the related Tamilnadu Rules.
(e) The Employees Provident Fund and Miscellaneous Provisions Act 1952.
(f) The Employees State Insurance Act 1948.
(g) The workmen’s Compensation Act 1923.
(h) The Industrial Dispute Act 1947, and any other law, or modifications to the above or to the
rules made there under from time to time.
03 REGISTRATION AND LICENSING:
Every contractor shall register his/her name with the welfare section of BHEL before taking up the
work awarded to him/her by giving the following information and getting a code number:
(a)The name of the contractor.
(b)Nature of contract work.
(c) Period of work.
(d)Number of maximum labour employed by him on any one day.
(e)License No. and date(applicable incase of contractors employing 20 or more worker)
(f) Whether enrolled for PF, ESI etc., and enrolment No. (contractor shall obtain their own PF code)
This information is called for the purpose of informing the inspector of Factories wherever they call
for information regarding contracts.
04 The contractor employing 20 or more workmen is required to obtain license from the authorities
(The Deputy Chief Labour Commissioner(Central) Chennai. This license shall be amended and/or
renewed wherever there is an increase in the workmen employed by him/her or in the event of
contract being extended or renewed. The contractor shall inform the license number to the BHEL
management before taking up the work.
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05 The contractor (Licensed or unlicensed) shall promptly furnish every information and document
required by BHEL authorities for the purpose of fulfilling their obligations as principal employer
and/or occupier of the factory and shall render all necessary assistance for the same.
06 The contractor shall get the contract labourers engaged by him/her insured under workmen’s
compensation policy from General Insurance Corporation of India.

07 The contractor shall ensure that all his workmen are covered under the Employees State Insurance
Act and produce the registration number/enrolment number to the welfare section before executing
the contract.
08 The contractor shall also ensure that all his/her workmen are covered under Employees Provident
Fund and Misc. Provisions Act 1952.
09 Minimum Wages to be paid :

Description For Unskilled For Semi skilled Skilled Worker ( ITI Holder with
Worker (Rs.) Worker (Fresh ITI) 3 years Experience / Diploma
(Rs.) Holder / BE Holder) (Rs.)
Basic Pay as on 7,650 pm 7,950 pm 8,205 pm
01.04.2019
Dearness allowance as 4,574 pm 4,574 pm 4,574 pm
on 01.04.2019
BHEL Adhoc (2000 + 3,200 pm 3,700 pm 4,100 pm
1200 ) per month
Total wage per month 15,424 16,224 16,879

Payment of Bonus to be ensured as per Bonus act.


10. Any increase in minimum wages, by the State Government , during the period of Contract,
will have to be borne by the Contractor. The statutory requirements like PF, ESI will be
applicable for the actual total wage per month inclusive of BHEL adhoc. Bonus amount will be as
per bonus act. Contractor quoted rate shall be inclusive of all the above payments including
statutory payments thereon. The contractor has to pay the wages to their workers through
worker’s Bank account only.
11. The contractor shall ensure payment of wages to the contract labour employed by him/her within
three days from the end of wage period incase the wage period is one week or a fortnight & in all
other cases before 10th day of the following month.
12. All payment of wages shall be made on working days at the work site and during the working time
and on dates notified in advance. In case the work is completed before the expiry of the wage
period final payment shall be made within 48 hours of the last working day.
13. Where the employment of any worker is terminated by or on behalf of the contractor, the wages
earned by him shall be paid before the expiry of the second working day from the day on which his
employment is terminated.
14. Wages due to every worker shall be paid to him direct or to the person authorized by him in this
behalf. All wages shall be paid in current coin or currency or in both.
15. The contractor shall ensure the disbursement of wages in the presence of such authorized
representatives of BHEL management.
16. The above payment shall be verified by the authorized officers/representatives of BHEL with the
following certificate on the payment sheet certified that the amount shown in column No. . . . . . .
has been paid to the workmen concerned in my presence on . . . . . . . . . . . . . . at . . . . . . . . . .. .
17. A certificate of payment shall be furnished in duplicate by the contractor to the Engineer Incharge
each month.
18. A notice showing the wage period and the place and time of disbursement of wages shall be
displayed at the place of work and a copy to be sent to the welfare department by the contractor
under acknowledgement.

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19. Notices showing the rates of wages, weekly rest days, hours of work, wage period, date of payment
of wages, names and addresses of the inspectors having jurisdiction, the date of unpaid wages
shall be displayed in Tamil and English in conspicuous places at the establishment and working by
the contractor. The contractor shall inform the BHEL management every month the details of
contract labour engaged for each contact in the following form.
a.Serial Number
b.Location
c.Period of work
d.No. of contract labour engaged during the month
e.No. of days worked
f.No. of mandays worked
g.Wages paid to his/her workers
The above statement shall be furnished to BHEL management at the end of every month.
20. REGISTERS RECORDS AND COLLECTION OF STATISTICS.
21. The following documents/formats under Contract Labour (Regulation and Abolition) Act 1970 and
related Central Rules 1971 shall be maintained by each contractor.
a. Register of persons employed by the contractor.
b. Employment Card.
c. Service Certificate.
d. Muster Roll, Wage Register, Deduction Register, Wage slip, Over time
Register, Register of fines, Register of advances etc.,
22. The contractor shall display the abstract of the contract labour (Regulation and application) Act and
the rules there under both English and Tamil.
23. Half yearly return shall be sent by the contractor in duplicate to the licensing officer.
24. The contractor shall submit the returns required under the Contract Labour (Regulation and
Abolition) Act 1970 periodically to BHEL management.
25. The contractor shall without fail give up to date information in writing of the attendance of the
workers employed by him/her.
26. The contractor shall ensure that his/her workers keep and produce their employment card when
coming to duty and take them back when leaving duty.
27. All the above registers and records shall be preserved in original for a period of three years. All the
registers, records and notice maintained under the Act and Rules shall be produced on demand by
Inspector or any Authority under the Act.
WORKING HOURS AND WORKING CONDITIONS:
28. No workers shall be required or allowed to work on Sunday unless he has or will have a Holiday or
any one of the three days before or after the said day.
29. The contractor shall inform BHEL Management in the prescribed form details or the contract
workers scheduled to work on Sunday, the day of rest and also indicate the substituted holiday in
lieu thereof. This shall be intimated two days in advance before his/her workmen are booked for
work on Sunday.
30. The contract labour working for more than nine hours in any day or for more than 48 hours in any
week shall be paid wages at the rate of twice the ordinary rates of wages in accordance with the
provisions of section 59 of the Factories Act 1948 and any amendment thereof.
31. The contractor shall provide all safety devices and personal protective equipment to his workmen
at his/her own cost and shall ensure that his workmen wear/use such devices or equipment
provided to them while doing the work and there should not be any relaxation on this.
32. The contractor shall give four paid national holidays to his workers, viz 26th January, 1st May, 15th
August and 2nd October. The contractor shall ensure that his/her workmen vacate the premises
after the shift is over.

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33. The contractor shall give leave with wages to his/her workmen who have worked for a period of
240 days or more in the factory premises during a calendar year. This leave shall be allowed during
the subsequent calendar year at the rate of one day for every 20 days or work performed by the
worker during the previous calendar year. The worker whose service commences on a day other
than the first of January shall be entitled to leave with wages at the above rate (one day for every
20 days or work) only if he had worked for a minimum of 2/3 of the total number of days in the
reminder of the calendar year. This leave will be admissible only during the subsequent calendar
year.
34. The contractor shall comply with the provisions relating to welfare and health facilities as provided
to the Contract Labour (Regulation and Abolition) Act 1970 read with the Tamilnadu contract labour
Rules.
NOTICE OF ACCIDENT:
35. Not withstanding anything contrary to this, in the event of accident the contractor shall be required
to fill injury report and submit the Engineer Incharge immediately and ensure the compliance of
ESI/Workmen’s Compensation Act, Factories Act and Rules made there under. He shall also
maintain a register of accident as per the Act.
36. The contractor shall get the contract labour engaged by him insured under Workmen’s
Compensation Policy from General Insurance Corporation of India before actually starting the work
of contract. The insurance coverage should be for the entire period of contract. The contractor
shall comply with the provisions of the Workmen’s Compensation Act 1923 (This should be read in
connection with the provisions of ESI Act).
37. The contractor shall ensure that all his workmen are covered under the Employees State Insurance
Act and produce to BHEL such Registration number/Enrolment number before executing the
contract work.
38. The contractor shall regularly pay the amount of contribution i.e., employer’s contribution as well
as employees’ contribution in pursuance of the above scheme as fixed from time to time.The
contribution payable presently is 1.00 % of wages to be recovered from his/her workmen and
3.00% of wages to be contributed by the contractor. Contribution recovered from employee and
contribution made by the contractor may be rounded to the next higher multiples of five paise.
39. The contractor shall take note of any amendment that may be brought forth in the above contribution
rate and act accordingly.
40. The contractor shall ensure that his/her workmen are covered under the EPF and miscellaneous
Provisions Act 1952 and accordingly produce to the BHEL Management the registration/enrolment
number before award of contract work.
41. All employees are eligible to become a member of provident fund from the date of joining the
establishment and the worker and contractor contributions are 12% and 13% respectively. The
contractor is also liable to pay any administrative charges in this behalf that may be decided from
time to time. It will be the responsibility of the contractor to ensure such contribution payable in
respect of workmen employed through sub-contractors also.
42. The contractor shall take note of any amendment in the rate of contribution payable under the
scheme from time to time.
43. The contractor shall within seven days of the close of every month submit to BHEL a statement
showing the amount of contribution payable/paid for employees engaged by him or through him
and shall also furnish to BHEL such information, as principal employer is required to furnish under
the provisions of the ESI Act and PF as well as the scheme made there under to the authorities
concerned.
44. Whenever any sum of money is found to be recoverable from or payable by the contractor under
the above acts, the same shall be deducted from any sum that may be due or which at any time
thereafter may become due to the contractor under this contract or under any other contract or from
his security deposit. In case the recoveries are not sufficient to satisfy the claims the contractor
shall pay the balance thereof on demand. In case any recoveries are made under this clause from
the security deposit the contractor shall immediately thereafter pay such further sums as may be
required to recoup the shortage caused by such recoveries in the amount of security deposit.

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45. The contractor shall abide by all the labour and other laws applicable to contract labour/worker
under this contract and shall at all times keep BHEL, indemnified against all losses, claims,
prosecution under any law.
46. In case of non compliance of any of the provisions of the acts and in case BHEL having complied
with the same, BHEL will be entitled to recover the same from the contractor/sub-contractor

47. Non exercise of any of the powers or rights available to BHEL hereunder or under any law,
shall not in any way operate as waiver thereof.
48. LD/Penalty clause: To claim compensation for losses sustained including BHEL’s supervision
charges and overheads for completion on termination of contract and to impose penalty for delay
in completion of the work at the rate of ½% of the contract value per week of delay or part thereof
subject to a ceiling of 10% of contract value.
49. General: Contractor should follow all the provisions of labour legislation and statutory
obligations. Provisions as and when amended will also apply.
50. GST :

Registration & GST Rate


1. Bidder should indicate GSTIN No. (Copy of GST registration to be enclosed) and PAN No. (copy
of PAN to be enclosed).
2. Central Tax/ State Tax/ Integrated Tax/ Union Territory tax to be quoted as extra in %.
3. Bidders to ensure correct applicability of Central Tax/ State Tax/ Integrated Tax/ Union Territory
tax based on the Inter / Intra state movement Supply of goods and provision services or both.
Invoicing & Payment
4. The Tax Invoice for supply of Goods & Services should be raised as per the provision of GST
Act & Rules and must compulsorily mention the following :-
a. BHEL-RANIPET GSTIN: 33AAACB4146P2ZL or GSTIN of BHEL Nodal Agency as
mentioned in NIT or informed subsequently.
b. HSN Code or Service Accounting Code for supply of goods or services.
c. Name & address of supplier
d. GSTIN of Supplier
e. Consecutive Serial Number & date of issue
f. Description of goods or services
g. Total value of supply
h. Taxable value of supply
i. Tax Rate – Central Tax & State Tax or Integrated Tax, Cess
j. Amount of Tax charged
k. Place of supply
l. Address of delivery if different from place of supply
m. Signature of authorized signatory
5. Reimbursement of GST to the vendor is contingent upon complying with the following condition
by the service provider:-
i. Uploading the onward GST Return (GSTR-1) in GSTN Network portal within the statutory
time period.
ii. Discharging the GST tax liability to the Government.
iii. Submission of Tax Invoice to BHEL.
iv. Submission of proof of payment of GST to BHEL.
v. Availment of Input Tax Credit by BHEL.

Input Tax Credit


6. In case GST credit is delayed/ denied to BHEL, due to non/delayed receipt of goods and/or
services and/or tax invoice or expiry of timeline prescribed in GST Law for availing such ITC, or
any other reason not attributable to BHEL, GST amount shall be recoverable from Vendor along
with interest & penalty levied/ leviable.

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7. In case vendor delays declaring such invoice in his return and GST credit availed by BHEL is
denied or reversed subsequently as per GST law, GST amount paid by BHEL towards such ITC
reversal as per GST law shall be recoverable from vendor/contractor along with interest &
penalty levied/ leviable on BHEL.
8. In case of discrepancy in the data uploaded by supplier in the GSTN portal or in case of any
incomplete work/service, then BHEL will not be able to avail the tax credit and will notify the
supplier of the same. Supplier has to rectify the data discrepancy in the GSTN portal or issue
credit note (details to be uploaded in GSTN portal).
9. For any such delay in availing of tax credit for reasons attributable to vendor (as mentioned
above), interest as per the GST Act & Rules, along with penalty, if any will be deducted for the
delayed period i.e. from the month of receipt till the month tax credit is availed, from the running
bills.
Penalty for Non-compliance of GST Act
10. Penalty amount so determined along with GST if applicable thereon shall be recovered from the
contractor.
Anti-profiteering Measure
11. Any reduction in rate of Tax on any supply of goods or services or the benefit of input tax credit
shall be passed on to the recipient by way of commensurate reduction in prices.
Other Provision
12. The agency should quote the applicable taxes and duties in the technical bid (part-A) as well as
in price bid (part-B).
13. All the terms & conditions of the contract with respect to Taxes & Duties are subject to the new
taxation laws introduced from time to time (e.g., GST). The terms & conditions will be modified
in accordance with the provisions of new laws (e.g., GST).
14. The Prices quoted above must be inclusive of all taxes and duties and exclusive of GST, which
will be payable extra as per applicable rules and subject to Submission of documentary
evidence.
15. In case any changes in taxes and duties as per Gov. Notification (including GST), the
same shall be applicable from time to time.
16. If the Contractor is not registered for any statutory obligation and not liable there to, then a
declaration shall be submitted along with offer that they are within the threshold limit.

The following details to be furnished by the bidder:

S.No. Details To be filled by the bidder


1 GSTIN No. (Copy to be enclosed)
2 PAN No (Copy to be enclosed)
3 HSN Code & SAC Code (Copy to be enclosed)

If any change in GST (statuary variation) will be to the account of BHEL. But if the variation is effective
during the delayed/extended period of execution for reasons attributable to the vendor, the same shall
be borne by the vendor only. The required compliance under relevant statue shall be carried out.
The quoted rates shall also include expenditures towards complying statutory payments like Provident
fund, ESI payments, bonus etc for the labourer & staff deployed in the work.
The contractor will have to submit the GST Registration certificate to BHEL and claim the GST from
BHEL by submitting Tax invoice as per Rules & Regulations of GST and the documentary evidence
will have to be submitted along with the next bill. If for any reason, the contractor has to pay penalty,
interest on GST, the contractor has to bear such additional payment. BHEL will pay only the GST at
actual. The Bharat Heavy Electricals Limited will not entertain any claim in this regard.

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Rates quoted shall be Firm throughout the contract period including total extended period if any and
shall include all royalties, all types of taxes applicable in any manner on works contract / VAT or any
other taxes levied and leviable under the state or central government rules during the currency of the
contract .
The Bharat Heavy Electrical Limited will not entertain any claim whatsoever in this respect. In quoting
the rates, the tenderers are advised to take into account all factors including any fluctuations in the
market rates etc. No claim will be entertained on this account after acceptance of the tender or during
the currency of the contract.
The L1 will be decided based on the lowest cost to BHEL.
In case of any change in existing taxes due to Govt. notifications, the same will be applicable for this
contract. But if the variation is effective during the delayed/extended period of execution for reasons
attributable to the vendor, the same shall be borne by the vendor only. The required compliance
under relevant statue shall be carried out.
51. “BHEL shall recover the amount of compensation paid to victim(s) by BHEL towards loss of
life/permanent disability due to an accident which is attributable to the negligence of contractor,
agency or firm or any of its employees as detailed below. a). Victim: Any person who suffers
permanent disablement or dies in an accident as defined below. b). Accident: Any death or
permanent disability resulting solely and directly from any unintended and unforeseen injurious
occurrence caused during the manufacturing/operation and works incidental thereto at BHEL
factories/offices and precincts therof, project execution, erection and commissioning, services,
repairs and maintenance, trouble shooting, serving, overhaul, renovation and retrofitting, trial
operation, performance guarantee testing undertaken by the company or during any works/ during
working at BHEL units/officers/townships and premises/ project sites. c). Compensation in respect
of each of the victims: (i) In the event of death or permanent disability resulting from Loss of both
limbs:Rs.10,00,000/-(Rs. Ten lakh) (ii) In the event of other permanent disability:Rs.7,00,000/-(Rs.
Seven lakh) d). Permanent Disablement: A disablement that is classified as a permanent total
disablement under the proviso to section 2 (I) of the Employee’s Compensation Act, 1923.
52. WCM is arranging this contract as a nodal agency. Execution of work, Bill Certification, Bill passing,
Payment, Penalty, Contract closing etc., is the responsibility of end user.
53. Certificate by the executing department that all statutory requirements including PF,ESI, Minimum
wages, Insurance, GST, etc. are complied with by the Contractor. This should be duly backed by
the relevant documents”.

54. GENERAL TERMS AND CONDITIONS OF REVERSE AUCTION


BHEL reserves the right to go for reverse auctioning among the technically qualified bidders who have
been sort listed after technical bid evaluation. “BHEL reserves the right to go for Reverse Auction (RA)
instead of opening the sealed envelope price bid, submitted by the bidder. This will be decided after
techno commercial evaluation. All bidders to give their acceptance for participation in RA. Non-
acceptance to participate in RA may result in non-consideration of their bids, in case BHEL
decides to go for RA.
In case BHEL decides to go for Reverse Auction, only those bidders who have given their acceptance
to participate in RA will be allowed to participate in the Reverse Auction. Those bidders who have given
their acceptance to participate in Reverse Auction will have to necessarily submit “online sealed bid‟ in
the Reverse Auction. Non-submission of "online sealed bid‟ by the bidder will be considered as
tampering of the tender process and will invite action by BHEL as per extant guidelines in vogue.”

The bidders have to necessarily submit online sealed bid less than or equal to their envelope
sealed price bid. The envelope sealed price bid of successful L1 bidder in RA shall also be
opened after RA and the order will be placed on lower of the two bids.

If it is found that L1 bidder has quoted higher in online sealed bid in comparison to envelope
sealed bid, the bidder will be issued a warning letter to this effect. However, if the bidder repeats
again it will be considered as fraud and will invite action by BHEL as per extant guidelines for
suspension of business dealings with suppliers/ contractors.

Page 28 of 31 SIGNATURE OF THE BIDDER


WITH SEAL AND ADDRESS
9890032E
TERMS & CONDITIONS OF REVERSE AUCTION
Against these works at BHEL, Ranipet shop floors may resort to “REVERSE AUCTION
PROCEDURE” i.e., ON LINE BIDDING (THROUGH A SERVICE PROVIDER). The philosophy
followed for reverse auction shall be English Reverse (No ties).
a. The proposed reverse auction, technically and commercially acceptable bidders only shall be eligible
to participate.
b. Those bidders who have given their acceptance for Reverse Auction (quoted against this tender
enquiry) will have to necessarily submit “online sealed bid‟ in the Reverse Auction. Non-submission
of “online sealed bid‟ by the bidder for any of the eligible items for which techno-commercially qualified,
will be considered as tampering of the tender process and will invite action by BHEL as per extant
guidelines in vogue.
c. BHEL will engage the services of a service provider who will provide all necessary training and
assistance before commencement of on line bidding on internet.
d. In case of reverse auction, BHEL will inform the bidders the details of Service Provider to enable them
to contact & get trained.
e. Business rules like event date, time, bid decrement, extension etc. also will be communicated through
service provider for compliance.
f. Bidders have to fax the Compliance form (annexure IV) before start of Reverse auction. Without this,
the bidder will not be eligible to participate in the event.
g. In line with the NIT terms, BHEL will provide the calculation sheet (e.g., EXCEL sheet) which will help
to arrive at “Total Cost to BHEL” like Packing & forwarding charges, Taxes and Duties, Freight charges,
Insurance, Service Tax for Services and loading factors (for non-compliance to BHEL standard
Commercial terms & conditions) for each of the bidder to enable them to fill-in the price and keep it
ready for keying in during the Auction.
h. Reverse auction will be conducted on scheduled date & time.
i. At the end of Reverse Auction event, the lowest bidder value will be known on auction portal.
j. The lowest bidder has to fax/e-mail the duly signed and filled-in prescribed format for price breakup
including that of line items, if required, (Annexure VII) as provided on case-to-case basis to Service
provider within two working days of Auction without fail.
k. In case BHEL decides not to go for Reverse Auction procedure for this tender enquiry, the Price bids
and price impacts, if any, already submitted and available with BHEL shall be opened as per BHEL‟s
standard practice.
l. Bidders shall be required to read the “Terms and Conditions” section of the auctions site of Service
provider, using the Login IDs and passwords given to them by the service provider before reverse
auction event. Bidders should acquaint themselves of the “Business Rules of Reverse Auction‟, which
will be communicated before the Reverse Auction.
m. If the Bidder or any of his representatives are found to be involved in Price manipulation/ cartel
formation of any kind, directly or indirectly by communicating with other bidders, action as per extant
BHEL guidelines, shall be initiated by BHEL and the results of the RA scrapped/ aborted.
n. The Bidder shall not divulge either his Bids or any other exclusive details of BHEL to any other party.
o. In case BHEL decides to go for reverse auction, the H1 bidder (whose quote is highest in online sealed
bid) may not be allowed to participate in further RA process. In case of tie for H1 bid (identical online
sealed bids), 15 minutes additional time shall be provided and all the participating bidders shall be
informed by mail/ message on bidding screen to enable bidders submit revised online sealed bids so
as to break the tie.
p. BHEL reserves the right to negotiate with the L1 tenderer emerged out of Reverse Auction if the L1
amount is more than the estimated amount.
q. For more details, please visit our BHEL website http://www.bhel.com (Revision of ‘Guidelines for
Reverse Auction’, issued on 26.09.2016.)

55. BHEL reserves the right to reduce the contract period (pre-close the contract), with 7 days notice period
depends on the requirement / without assigning any reason. Security Deposit will be refunded, if the
contract is pre-closed for non-requirement by BHEL.
*******

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Page 29 of 31 SIGNATURE OF THE BIDDER


WITH SEAL AND ADDRESS
9890032E

Page 30 of 31 SIGNATURE OF THE BIDDER


WITH SEAL AND ADDRESS
9890032E

PRICE BID

(To be submitted in a separate Envelope)

Name of Work : Fabrication, Inspection, Painting of Steel boxes and Crates inside BHEL, Ranipet
premises with BHEL material

Period of Work : Eight months.

Tender Notice No : 9890032E, DT.26.09.2019.

Qty in Rate / MT
Amount in Rs.
Sl.no. Description of Work MT in Rs.
(a) (b)
(c )= (a) x (b)

Fabrication, Inspection,
Painting of Steel boxes and
01 Crates inside BHEL, Ranipet 1,800
premises with BHEL material
as per scope of work.

02 Applicable GST amount @ _________ % (d)

03 Totla amount including GST (e) = (c ) + (d)

(Total amount incl. GST for Eight months in words : Rupees ________________________________

_______ _______________________ only)

Note: 1. The tenderer should not claim any min. quota (quantity) and also any other condition.
2. Payment shall be made for the actual quantity of work executed.
3. The above rates are quoted after having fully read and understood the enquiry terms and
conditions.

************

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Page 31 of 31 SIGNATURE OF THE BIDDER


WITH SEAL AND ADDRESS

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