BHARAT HEAVY ELECTRICAL LIMITED

BHEL, BHOPAL

Sub: Dismantling & Fitment of DC Enclosure Cabin 19/D/2359 and Shifting of Coil
Assembly Platform 6/D/2266 in Bay no. 6 of TRM and Modification of Platform
No.19/D/2998 in TCB
Tenders are invited by the undersigned for the execution of the following work.

Description of work Due Date Contract period

Dismantling & Fitment of DC Would be 30 Days

Enclosure Cabin 19/D/2359 and intimated on
GeM
Shifting of Coil Assembly Platform
6/D/2266 in Bay no. 6 of TRM and
Modification of Platform
No.19/D/2998

Date of issue of NIT:- Would be mentioned on GeM

Last date of submission:- Would be intimated on GeM

Details of the tender are as follows:

1) SCOPE OF WORK: As per Annexure-1

2) Pre Qualifying Requirement:
A-Average annual financial turnover during the last three years, ending 31st march of previous year (up
to March,2023) , should be at least Rs.1.26 Lacs.
Documentary Proof for Turnover:
i. Any document certified by a Chartered Accountant /Cost Accountant showing turnover for the
relevant period shall be uploaded with the bid. The documents submitted must be signed by the
Chartered Accountant /Cost Accountant, bear his seal, Name, firm name, Membership No., FRN
No., UDIN and the capacity in which he is signing (Proprietor/Partner) date and place of signing.
In case Balance sheet and P& L statements are submitted the same must be signed by the owner
also.
B- B-Experience of having successfully completed similar works during last 7 years ending
(31/05/2024) previous to the one in which applications are invited should be either of the following:
1-One similar completed works in of the contract value Rs.3.36 Lacs or more.
Or
2- Two similar completed works in each of the contract value Rs.2.10 Lacs or more
Or
3- Three similar completed works in each of the contract value Rs.1.68 Lacs or more

AMC/Repairing and Servicing of DC Enclosures Cabin or AMC of CNC Electronic and

Conventional Machine Tools
50% Relaxation in Turnover & Experience criteria for MSME contractors
Satisfactory work completion/performance report to be submitted along with techno-commercial
offer otherwise offer will not be considered.
There would be no splitting of Work order. Work order would be placed on single contractor.
 3) CONTRACT PERIOD: 30 Days from the date of award of work order
4) EARNEST MONEY: Nil

5) SECURITY DEPOSIT: 5% of contract value

6) COMPENSATION FOR DELAY & NON PERFORMANCE : In case of delay, penalty at the rate
of ½ percent of the contract value per week up to a maximum of 10% of the contract value shall be
deducted.
Penalty at the rate of ½% per week up to a maximum 10% of contract value for non-performance of work
within stipulated contract period. However, this time is exclusive of the time taken by WEX/AME for
assessment of Rotor and in case of delay in assessment, equivalent time would be provided.

7) TERMS OF PAYMENT: The payment shall be made as under,

i. 100 % payment shall be made along-with taxes as applicable, after satisfactory completion work as
per the scope envisaged in the contract during the period. In case of Micro/Small- payment within 45
days, 60 days in case of Medium Enterprise & 90 days for rest. Updated MSME Document as per
eligibility to be presented along with tender documents.
ii. A measurement book will be maintained by the Engineer-in-Charge of BHEL who shall make entries
regarding the work executed by the contractor. These entries will be counter-signed by the contractor
or his duly authorized representative.
iii. The payment shall be subject to deduction of income tax at source as per the applicable rules of
Department of Income tax.

1) STATUTORY REQUIREMENTS: In the event of award of contract, you will have to observe/perform
all the laws/enactment of Central/State Government being in force for such type of work/services during
the contract period.
2) P.F. Account No., ESI Reg. No., Labour License No., PAN No, MSME supporting documents (in case
of eligibility) Documents regarding your GST registration etc. are all to be furnished.
3) Accepting authority reserves the right to reject any or all quotations without assigning any reason thereof.
4) Quotations must be valid for at least 90 days.
5) All the documents being sent herewith should be returned back to us duly signed on each paper along-
with your offer.
6) The Contractor will have to sign a contract agreement on stamp paper of Rs.500/- and all the contents of
work order will have to be reproduced in it, within a week from issue of work order.
7) Force Majeure clause :-
Notwithstanding anything contained in the contract, neither BHEL nor the Contractor shall be held
responsible for total or partial non-execution of any of the contractual obligations, should the obligation
become unreasonably onerous or impossible due to occurrence of a 'Force Majeure' which directly affects
the obligations to be performed by the BHEL or the contractor; Such events include war, military
operations of any nature, blockages, revolutions, insurrections, riots, civil commotions, insurgency,
sabotage, acts of public enemy, fires, explosion, epidemics, quarantine restrictions, floods, earthquake, or
acts of God, restrictions by Govt. authorities; over which the BHEL or the contractor has no control.

The party claiming to be affected by force majeure shall notify the other party in writing without delay,
within two weeks from the occurrence of such situation and on the cessation thereof. Extension of time
sought by the contractor along with supporting evidence and so granted by BHEL for the work affected,
if any, shall not be construed as waiver in respect of remaining execution. Rescheduling of execution on
account of force majeure conditions, if so agreed by BHEL, will not entail the contractor to claim any
increase in the price on whatsoever account.

Notwithstanding above provisions, BHEL shall reserve the right to cancel the Contract, wholly or partly,
in order to meet the overall project schedule and make alternative arrangements. If deemed necessary,
BHEL may takeover partly processed work at a mutually agreed price.
 The whole contract shall be awarded to single party and no split in contract shall be applicable.
TDS will be deducted from contractor’s bill under Income Tax Act and GST Act.
8) No RA (Reverse Auction) shall be conducted.
9) If the work is not executed or partly executed within the agreed execution period, BHEL reserves the
right to cancel the order and get the work executed from the alternate source(s) at the Risk and Cost of the
Contractor. In such an event, it shall be obligatory on the part of contractor to make good any loss suffered
by BHEL
10) ORC – Not allowed
11) Benefits earmarked for Micro & Small Enterprises (MSEs):
i) MSE Vendors are exempted from payment of EMD and tender fee.
ii) Purchase Preference – Subject to meeting terms and conditions stated in the tender document including
but not limiting to prequalification criteria, twenty-five percent of the total quantity of the tender is
earmarked for MSEs. Where the tendered quantity can be split, MSEs quoting a price within a price band
of L1 + 15 percent shall be allowed to supply up to 25 percent of total tendered quantity provided they
match L1 price. In case the tendered quantity cannot be split, MSE shall be allowed to supply total
tendered quantity provided their quoted price is within a price band of L1 + 15 percent and they match
the L1 price. In case of more than one such MSEs are in the price band of L1 + 15% and matches the L1
price, the supply may be shared proportionately.
iii) MSE suppliers can avail the intended benefits only if they submit UDYAM Certificate along with the
offer
12) PVC Clause – Not applicable
 Annexure 1

Scope of Work:

1. Dismantling/Fitment of DC enclosure cabin

2. Dismantling/Fitment of all cables
3. Dismantling/Fitment of DC enclosure motor & gearbox
4. Dismantling/Fitment of enclosures I Beam & Angle
5. Dismantling/Fitment of Platform
6. Dismantling/Fitment of platform cables
7. Dismantling/Fitment of platform motor & gearbox
8. Modification of Platform
9. Check/Repair platform rubber roller wheel
10. Check/Repair platform overload system
11. Check/Repair pneumatic cylinder
12. Check/Repair, greasing of wheel bearing
13. Check/Replace pneumatic hose pipeline
14. Installation of Drives
Material would be provided by BHEL
Time period would be 30 days from work order date
 Annexure-II – Schedule of Rates

Sl Qty. GST % and Total Amount

Description Rate
No (Nos.) Amount (Including GST)
Dismantling &
Fitment of DC
Enclosure Cabin
19/D/2359 and Shifting
of Coil Assembly
1 1
Platform 6/D/2266 in
Bay no. 6 of TRM and
Modification of
Platform
No.19/D/2998

Total in words:- INR

Notes:-
.
1. This rate will be taken up as final rate including tax.
2. The bidder shall follow BHEL Terms and Conditions.
3. Rates shall be firm throughout the contract period.

Signature of contractor/Firm
With full name, stamp & date
 ANNEXURE -III
FOR GST COMPLIANCE
1. Bidder has to give his undertaking that GST portion of the invoice shall be released only upon:-
1.1 All invoices raised by contractor/Vendor must be GST Compliant Tax invoices as per GST invoice
rules.
1.2 Contractor declaring such invoice in his GSTR-1 and
1.3 Receipt of goods/service and Tax Invoice by BHEL and
1.4 Confirmation of payment of GST thereon by contractor on GSTN portal.
1.5 Contractor has to give an undertaking to BHEL that they have declared invoice in his return and paying
GST within timeline prescribed for availing ITC by BHEL.
Payment to contractor for GST portion will be released only after compliance of above activity and on
availment of ITC by BHEL.
2. Bidder has to ensure and give an undertaking that in case tax credit is delayed/ denied to BHEL due
to non/delayed receipt of service/goods and /or tax invoice or expiry of the timeline prescribed in tax laws
for availing such ITC, or any other reasons not attributable to BHEL, tax amount shall be recoverable from
the contractor along with interest levied/ leviable on BHEL.
3. Bidder has to give an undertaking that in case he delays in 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 them along with interest levied/ leviable
from BHEL. Hence payment of GST portion along with interest portion will be payable only after the last
date/chance for availing ITC.
4. Contractor has to submit monthly reconciliation statement to ensure minimum mismatches and avoid
delay in availment of ITC by BHEL.
5. Reverse Charge under GST
5.1 In respect of goods, reverse charge liability to pay GST shall arise at the earliest of date of receipt of
goods or date of payment to supplier or date of immediately following 30 days from the date of issue of
invoice by the supplier.
5.2 In respect of services, reverse charge liability shall arise at the earliest of date of payment to service
provider or 60 days from the date of issue of invoice by service provider.
5.3 Any GST liability arising on BHEL under reverse charge before actual receipt of goods and/or invoice
thereof would be subject to recovery of interest leviable for the period between the date of such liability and
actual date of eligibility of ITC based on receipt of goods, receipt of invoices and other condition specified in
GST Law.
Anti Profiteering
6. Bidder has to give an undertaking that any reduction in the rate of GST and/or benefits of ITC under
the provision of GST. Law shall be passed on to BHEL by way to commensurate reduction in price of
goods/services.
This may be due to
• Any reduction in the rate of GST or the benefits of ITC accrue to vendor/contractor.
• Availability of ITC for interstate supplies under GST which are not available in existing law(like CST)
or ITC reversal under the existing law for stock transfer or on account of common credit etc.
• Any element of taxes like Excise, service Tax, VAT, CST, Entry Tax etc. embedded into price of
goods or service under contract/work order/PO placed under the existing law.
• The above shall be taken into account for working out the benefits to be passed on to BHEL.
• A self-certified detailed declaration on anti-profiteering shall be submitted by bidder along with
invoice in the prescribed format.
7. GSTN, SAC and rate of tax may be confirmed.
 Annexure IV

TCB MAINTENANCE DEPARATMENT

TCB MAINTENANCE 0
BHEL BHOPAL .
0
0

DECLARATION SHEET
ANNEXURE:IV

DECLARATION SHEET
This is an indivisible works contract and the contractor shall fill remarks column against all items. This declaration
sheet must be submitted along with BID enclosed herewith duly signed and stamped on each page of tender in original
along with your covering letter. Any deviations / deletions etc. Should be brought out separately on your letter pad
and to be enclosed with the tender documents.
The following are to be filled up by the bidder and to be submitted along with the bid : Name of the
Contractor:
Full Address:
Contact person:
Phone / Fax: Email
id : Phone/Mobile
No :

S. No. Description Contractor’s

Acceptance/ Remarks
1 PF CODE NO

2 ESI CODE NO

3 LABOUR LICENCE NO. under section12 (1) of R&A 1970 & ( either valid
Validity or under renewal should indicate)

4 PAN No.

5 GST Registration No. if any

6 Validity: 90 days from price bid opening date.

7 EMD : Nil

8 Security Deposit clause :Acceptance (See terms and conditions for details)

9 Taxes and duties : as per notes of Schedule for Rates Annexure ‘II’

Seal and Signature of the bidder/contractor

 BHARAT HEAVY ELECTRICALS LIMITED, BHOPAL Page 1 of 8

ANNEXURE:V

GENERAL TERMS AND CONDITIONS

1. DEFINITIONS

a) “Company” shall mean Bharat Heavy Electrical Limited Bhopal, a company incorporated under
the companies Act’ 1956, and having its registered office at BHEL House, Siri Fort, New Delhi
– 110045 here in after referred to as BHEL and includes a duly authorized representative of the
company or any other person empowered in this behalf by the company to discharge all or any
of its functions.

b) “Accepting Authority” shall mean the Head of the WE&CS – Mechanical Section or any other
person authorized by him.

c) “Contract” shall mean the notice inviting Tender and acceptance thereof & formal agreement if
any, executed between Bharat Heavy Electricals Ltd. Bhopal & contractor together with
documents referred to therein including these conditions, & any special conditions,
specifications, designs, drawings etc. These documents taken shall be deemed to form one
contract and shall be complementary to one another.

d) “Contractor” shall mean the individual or firm or company whether incorporated or not,
undertaking the work & shall include legal representatives of such individual or persons
composing such firm or incorporated company or successors of such person, as the case may be
and permitted of such individual or firm or company.

e) “Contract sum” shall mean the lump sum for which the tender is accepted in the case of lump
sum contract and in the case of item rate the total cost of the works arrived after extension of
quantities shown in schedule of quantities by the item rates quoted by the tenderer for various
item.

f) “Day” shall mean a day of 24 hours from midnight to mid night, irrespective of the number of
hours worked in that day.
g) A week shall mean seven days without regard to the number of hours worked in any day in the
week.
h) “Work” shall mean work to be executed in accordance with contract or part(s) thereof as the case
may be and shall include all extra, additional, altered or substituted Work or temporary & urgent
work as required for performance of contract.
i) “Engineer-in-Charge” shall mean the Engineering officer appointed by the Accepting
Authority, who shall direct, supervise & be in-charge of work for purpose of contract.

2. CONTRACT DOCUMENTS
The contractor shall be furnished free of charge, two Certified true copies of the contract
documents. He shall keep one copy of this document on the site in good order, and the same shall
as all, reasonable times, be available or inspection and use by the Engineer-in-charge, his
representatives or by other Inspecting Officers.

a) None of the documents shall be used by contractor for any purpose other than that of this
contract.
Sign and Seal of Contractor
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ANNEXURE:V

b) The contractor shall take necessary steps to ensure that all persons employed on any work in
connection with this contract have noticed that Indian Official Secrets Act, 1923, applies to them
and shall continue so to apply even after the execution of such work under the contract.
3. WORK TO BE CARRIED OUT

The detail scope of work is provided with contract document. Scope to provide tools and tackles
required to carry out work will be as per scope of work.
4. INSPECTION OF WORK BEFORE SUBMISSION OF TENDER

The contractor shall examine the quantum of work and shall satisfy himself before submitting
his tender. He shall himself asses the requirement of materials, contingencies and other
circumstance which may affect or influence his tender, no extra charges on any misunderstanding
or otherwise shall be allowed.
5. SUFFICIENCY OF THE TENDERERS

The contractor shall be deemed to have satisfied himself before tendering as to correctness and
sufficiency of his tender, the work and prices. This shall except as otherwise provided all
obligation under the contracts all matters and things necessary for the proper completion and
maintenance of the works.
6. DISCREPANCIES AND ADJUSTMENT OF ERRORS

The several documents forming the contract are to be taken as mutually explanatory of one
another. If there are varying or conflicting provisions made in any document forming part of
contract, the accepting authority shall be the deciding authority with regard to the intention of
the document. Any error in description, quantity or rate or any omission these form shall not
initiate the contract or release the contractor from execution of whole or any part of work
comprised. These and according to drawings & specification or from any of his obligation under
the contract.
7. EARNEST MONEY DEPOSIT - Nil

8. SECURITY DEPOSIT (SD) - Security Deposit means the security provided by the Contractor
towards fulfilment of any obligations in terms of the provisions of the contract.
The total amount of Security Deposit will be 5% of the contract value and acceptable through
following modes:
i) Cash deposit as permissible under the extant Income Tax Act (before tender opening)
ii) Electronic Fund Transfer credited in BHEL account (before tender opening) via
following link:
https://bpl.bhel.com/qcins/iccs.htm=>https://www.onlinesbi.sbi/sbicollect/icollecthome.
htm
iii) Banker's cheque/ Pay order/ Demand draft, in favour of BHEL (along with offer)
iv) Fixed Deposit Receipt (FDR) 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) Insurance Surety Bonds
In addition to above, the EMD amount in excess of Rs Two lakh may also be accepted in the
form of Bank Guarantee from scheduled bank. The Bank Guarantee in such cases shall be valid
for atleast six months.
 BHARAT HEAVY ELECTRICALS LIMITED, BHOPAL Page 3 of 8

ANNEXURE:5

iv)Timely submission of Performance Security for execution of the contract.

"Bidder agrees to submit performance security required for execution of the contract within the time
period mentioned. In case of delay in submission of performance security, enhanced performance security
which would include interest (Repo rate + 4%) for the delayed period, shall be submitted by the bidder.
Further, if performance security is not submitted till such time the first bill becomes due, the amount of
performance security due shall be recovered as per terms defined in NIT contract, from the bills along
with due interest "
v) Collection of Security: 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. 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.
vi) 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. (Note: In case of (a) small value
contracts not exceeding ` 20 lakhs or (b) SAS jobs, work can be started before the required Security
Deposit is collected. However, payment can be released only after collection/ recovery of initial 50%
Security Deposit).
vii) Security Deposit shall be released to the Contractor upon fulfilment of contractual obligations as per
terms of the contract.
viii) The Security Deposit shall not carry any interest.

(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)

Sign and Seal of Contractor

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ANNEXURE:V

9. TIME AND EXTENSION FOR DELAY

The time allowed for execution, which shall be mutually agreed between BHEL and contractor,
and mentioned in Work Order, along with these conditions shall be of the essence of the contract.
The execution of work shall commence immediately and not later than 15th day after the date on
which the Engineer-in-charge issues written order to commence work or from date of handing
over the plant whichever is later unless specified otherwise elsewhere. If contractor commits
default in commencing the execution of work as aforesaid, Company/Corporation shall without
prejudice to any other right or remedy be at liberty to cancel the order and forfeit the earnest
money/ security Deposit.
As soon as possible after the contract is awarded, the Engineer-in-charge and the contractor shall
agree upon a time and progress chart. The chart shall be prepared in direct relation to the time
stated in the contract document for completion of work.
It shall indicate forecast of dates of commencement & completion of various activities to be done
for completion of work as per contract. This may be amended as necessary by agreement between
Engineer-in-charge & contractor within limitations of time imposed in contract document &
further to ensure good progress during execution of work

Sign and Seal of Contractor

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ANNEXURE:V
If the work is delayed by :
a) Force majeure, (for details see scope of work)
b) Serious loss or damage by fire, or
c) Delay on the part of other contractor or company/ corporation in executing work not
forming part of contractor.
d) Non-availability / release of the machines which is in the responsibility of company /
corporation or,

e) Any other case, which is in the absolute discretion of the accepting authority and is beyond
contractor’s control.
Then upon the happening of any such delay, contractor shall immediately give notice thereof in
writing to the Engineer-in-charge but shall never lose constantly his best endeavors to prevent
or make good the delay and shall do all that may be reasonably required to the satisfaction of the
Engineer-in-charge to proceed with the work.
Request for extension of time to be eligible for consideration shall be made by the contractor in
writing within seven days of the happening of the event causing delay. The contractor may also,
if practicable, indicate in such a request the period for which the extension is required.
The accepting authority may give a fair and reasonable extension of time for completion work.
Such extension shall be communicated to contractor by Engineer-in-Charge in writing within the
month of the date of the receipt of such request.
10. INSPECTION AND APPROVAL
a) All work embracing more than one process shall be subject to Examination and approval at each
stage there of and the contractor shall give due notice to the Engineer-in-charge or his
authorized representative when each stage is ready.
b) No work shall be covered up or put out of view without the approval of Engineer-in-charge or
his representative and the contractor shall afford full opportunity for examination of any work,
which is about to be covered up or put out of view. In the event of the failure of the contractor to
do as aforesaid, if required by Engineer-in-charge he shall uncover such work at contractor’s
own expenses.
c) Company officer concerned with the contract shall have powers at any time to inspect and
examine any part of the work and the contractor shall give such facilities as may be required for
such inspection and examination.
11. COMPENSATION OF DELAY
a) If the contractor fails to maintain fulfill schedule as per work order and fails to start the work as
per schedule date given by BHEL and fails to maintain the required progress in work as per terms
of Work Order, he shall without prejudice to any other right or remedy of company/ corporation
on account of such breach, pay as agreed compensation amount calculated as stipulated below:
b) 0.5% (Half) percent per week of contract value.
c) Provided always that the total amount of compensation for delay to be paid under this condition
shall not exceed 10% of the total contract value.

Sign and Seal of Contractor

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ANNEXURE:V

12. CONTRACTOR'S LABOUR / WORKER WHILE WORKING INSIDE

a) The contractor shall ensure sufficient staff of the quality to ensure work-man-ship of the degree
specified in the contract and to the satisfaction of the Engineer-in-charge. Contractor shall not
employ indirectly or through sub-contractor any staff what-so-ever. Written consent of the
contractor in this behalf has to be incorporated in to the offer, or otherwise the Contract is liable
to be rejected.
b) Contractor shall furnish to Engineer-in-charge a complete list of persons engaged on the work
giving the following details.
a) Name (b) Age (c) Trade

Change-over, if any, shall be furnished by the contractor to the Engineer-in-charge.

c) Contractor shall comply with Contractor’s Obligations & Statutory Compliances for work contract
as per Annexure-IV & it shall be the part of agreement of this contract.

13. NUISANCE
Contractor shall not any time do, cause or permit any nuisance on the work site or do anything
shall cause unnecessary disturbance or inconvenience to other workers.
14. GENERAL TERMS

a) BHEL shall have the privacy of the contract with the contractor only and will give instructions
to the contractor or his authorized representative. BHEL will have nothing to do or be
concerned with the employment of employees working for the contractor. The relationship
between BHEL and the contractor will be that of independent entities and nothing herein
contained will amount to joint venture, partnership or an employer-employee relationship.
b) The contractor shall maintain regular contact with the designated employee(s) of BHEL and
will interact on matters relating to the work awarded under this contract.
15. TERMS OF PAYMENT : Payment shall be as per NIT terms and condition

16. DEFECTS LIABILITY PERIOD – 12 months

17. RIGHTS & OBLIGATION OF BHEL

a) In case the contractor does not carry out the Contractual/Statutory obligations or the services
rendered by him are found to be unsatisfactory, BHEL shall bring the same to his notice and he
will be obliged to discharge the obligations and rectify the deficiency/anomaly within three days
time failing which, BHEL reserves the right to terminate the contract without assigning any
reason whatsoever. In such an event, no damages will be payable for short closure of the contract

Sign and Seal of Contractor

 BHARAT HEAVY ELECTRICALS LIMITED, BHOPAL Page 7 of 8

ANNEXURE:V

b) If the Contractor commits default in complying with any of the terms conditions of the contract
and does not remedy it or take effective steps to remedy in within three days after a notice in
writing is given by Engineer-in-charge failing which BHEL reserves the right to terminate the
contract without giving any reasons thereof.
c) Cancellation of contract may be either for whole or part of contract at BHEL’s option. In event
of termination of contract in whole or part BHEL may procure upon such terms and in such
manner as deemed appropriate, supplies or services similar to those so terminated and contractor
shall be liable to BHEL for any excess costs for such similar supplies or services provided that
the contractor shall continue the performance of this contract to extent not terminated under
provision of this clause.
d) The decision of BHEL regarding interpretation of any terms and conditions set forth in the
Agreement shall be final and binding on the contractor. The award of the arbitrator shall be final
and binding on both the Parties. The venue of the Arbitration shall be Bhopal in India.
e) The Award to be given by the Arbitration shall be a speaking award. All questions, disputes,
differences arising under, out of or in connection with this contract shall be to the exclusive
jurisdiction of Bhopal Courts.
18. TAXES
Goods and Service Tax (GST) or any other new tax introduced by GOI shall be considered as
applicable. Any loss/delay of tax credit to BHEL shall be recovered from contractor if the reason

for the same is attributable to contractor. Income Tax deduction at source will be as applicable
from time to time.
19. ARBITRATION & LAW
Except as provided elsewhere in this contract, in case amicable settlement is not reached
between the Parties, in respect of any dispute or difference ; arising out of the formation breach,
termination, validity or execution of the contract; or , the respective rights and liabilities of the
Parties; or, in relation to interpretation of any provision of the contract ; or , in any manner
touching upon the Contract, then, either Party may , by a notice in writing to the other Party refer
such dispute or difference to the sole arbitration of an arbitrator appointed by Head of the BHEL
Unit/Region/Division issuing the contract. The Arbitrator shall pass a reasoned award and the
award of the arbitrator shall be final and binding upon the Parties. Subject as aforesaid, the
provisions of Arbitration and Conciliation Act 1996 (India) or statutory modifications or re-
enactments thereof and the rules made thereunder and for the time being in force shall apply to
the arbitration proceedings under this clause. The seat of arbitration shall be Bhopal. The cost of
arbitration shall be borne as per the award of the Arbitrator. Subject to the arbitration in terms
of clause as mentioned above, the courts at Bhopal shall have exclusive jurisdiction over any
matter arising out of or in connection with this Contract. Notwithstanding the existence or any
dispute or differences and/or reference for the arbitration, the contractor shall proceed with and
continue without hindrance the performance of its obligations under this Contract with due
diligence and expedition in a professional manner except where the Contract has been
terminated by either Party in terms of this Contract.

Sign and Seal of Contractor

 BHARAT HEAVY ELECTRICALS LIMITED, BHOPAL Page 8 of 8

ANNEXURE:V

20. CONCILIATION CLAUSE FOR CONDUCTING CONCILIATION PROCEEDINGS UNDER

THE BHEL CONCILIATION SCHEME, 2018
The Parties agree that if at any time (whether before, during or after the arbitral or judicial
proceedings), any Disputes (which term shall mean and include any dispute, difference,
question or disagreement arising in connection with construction, meaning, operation, effect,
interpretation or breach of the agreement, contract or the Memorandum of Understanding
(delete whichever is inapplicable), which the Parties are unable to settle mutually), arise inter-
se the Parties, the same may, be referred by either party to Conciliation to be conducted
through Independent Experts Committee to be appointed by competent authority of BHEL
from the BHEL Panel of Conciliators.
Notes:
1. No serving or a retired employee of BHEL/Administrative Ministry of BHEL shall be
included in the BHEL Panel of Conciliators.
2. Any other person(s) can be appointed as Conciliator(s) who is/are mutually agreeable to
both the parties from outside the BHEL Panel of Conciliators.
The proceedings of Conciliation shall broadly be governed by Part-III of the Arbitration
and Conciliation Act 1996 or any statutory modification thereof and as provided in
Annexure-------
to this GCC.
The Annexure ---- together with it’s appendices will be treated as if the same is part and parcel
hereof and shall be as effectual as if set out herein in these GCC.

Sign and Seal of Contractor

 BHARAT HEAVY ELECTRICALS LIMITED, BHOPAL Page 1 of 1
ANNEXURE-VI

Compensation in cases of death/ permanent incapacitation :-

Compensation in cases of death/permanent incapacitation of person due
to unintended/unforeseen occurrences during the manufacturing/
operation and works incidental thereto at BHEL factories/ offices and
precincts thereof, 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! Offices/ townships and premises! Project Sites.

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 thereof, 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 BHEI/Units/Offices/townships and premises/
Project Sites.
c) Compensation in respect of each of the victims :-
(i) In the event of death or permanent disability resulting
fromLoss 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.''

Signature of Contractor
 BHARAT HEAVY ELECTRICALS LIMITED, BHOPAL Page of 1 of 1
Annexure-VII

Terms and conditions related with GST compliance :-

1. Wherever bidders are required to supply services at project, site party has to submit
GST registration no. of the State in which project site is located along with copy of
registration certificate at the time of submission of Bid. In case the same is not available
at the time of submission of bid, the contractor has to give an undertaking that the same
will be arranged before award of work order.
2. HSN Code /SAC, rat of tax under GST and applicable GST (IGST,
CGST/SGST/UTGST) and GSTIN shall be clearly mentioned by the bidder.
3. GST portion of the invoice shall be released only upon.
All invoice raised by contractor /vendors must be GST complaint Tax invoices as per
GST invoice rules.
Contractor declaring such invoice in his GSTR-1 or any modified return as notified by
government
Receipt or goods/ services and Tax invoice by BHEL and Confirmation
of payment of GST thereon by contractor on GST portal

Contractor has to give an undertaking to BHEL that they have declared invoice in his
return and paying GST within time line prescribed for availing ITC by BHEL payment
to contractor for GST portion will be released only after completion of above activity
and on availment of ITC by BHEL.
4. In case GST credit is delayed/denied to BHEL due to non/delayed receipt of
Services / goods and /or tax invoice or expiry of the timeline prescribed in GST Law
for availing such ITC, or any other reasons not attributable to BHEL, GST amount
shell be recoverable from the contractor along with interest levied/ liveable on BHEL.

Reverse Charge under GST

5 A. In respect of services, reverse charges liability shell arise at the earliest or date of
payment to service provider or 60 days from the date of issue of invoice by service
provider. Contractor has to submit bill for payment within 30 days from the date of invoice.
Recover any interest or penalty implication attributable to the contractor shell from them.

5 B. Any GST liability arising on BHEL under reverse charge before actual receipt of
goods and /or invoice thereof would we subject to recovery of interest leviable for the
period between the date of such liability and actual date of eligibility of ITC based on
receipt of goods , receipt of invoice and other condition specified in GST Law.

Sign and seal of contractor

 BHARAT HEAVY ELECTRICALS LIMITED, BHOPAL Page 1 of 3
ANNEXURE: VIII

INSTRUCTIONS TO CONTRACTORS

STATUTORY COMPLIANCES TO BE ENSURED

1. BHEL shall have the privity of the contract with the contractor only and will give instructions to the
contractor or his authorized representative. BHEL will have nothing to do or be concerned with the
employment of employees working for the contractor. The relationship between BHEL and the
Contractor will be that of independent entities and nothing herein contained will amount to joint
venture, partnership or an employer-employee relationship.

2. The contractor shall maintain regular contact with the designated employee(s) of BHEL and will
interact on matters relating to the work awarded under this contract.

3. Contractor will ensure that the job is executed through his employees on his rolls and under no
circumstances the contractor will deploy any casual employee to carry out the job nor shall sub-contract
the job without prior written permission.

4. Contractor shall observe Provisions of the Factories Act in respect of working hours, holidays, rest
intervals, leave and overtime to his employee. No work shall be done on second/third shift, overtime,
Sundays or on other declared holidays without written permission.

5. Contractor shall obtain Police Verification of all his workers.

6. Contractor shall submit following Certificate for each contract separately.

“It is certified that PF/ESI challans of the amount ……………………………………..

(in words……………………………………………………………………) pertains to my workers, whose names are
appearing in the wage sheet of the month …….20…… and these workers are engaged in
………………………………………………………………………………………. (type of work) against work Work
order no. …………………………………………………………. in ……………….
(name of department).

Signature of Contractor
 BHARAT HEAVY ELECTRICALS LIMITED, BHOPAL Page 2 of 3

ANNEXURE-VIII
STATUTORY INSTRUCTIONS TO
CONTRACTOR
STATUTORY REGISTRATIONS AND CLEARANCES
Contractor shall commence the work only after obtaining :
 Labour Licence
 Provident fund code no.
 ESI code no
 Registration no.
Notice of commencement in Form 6-A & Maintain Register of workers in form 13.
CONTRACTOR SHALL ENSURE FOLLOWING WHILE EXECUTING
CONTRACT
1. Employment card as per rule no 76 of Contract Labour (Regulation & Abolition) MP
rules,1973
2. Appointment letter to his employees.
3. Annual leave with wages including EL, CL, National Holiday & Festival holiday.
4. Leave record register.
5. Shall engage only adult workers who have attained the age of 18.
6. Work to be done on second/third shift, overtime, Sundays or on other declared
holidays with written permission.
7. Obtain insurance cover for his employees/equipments, tools etc & third party
insurance coverage at his own cost.
8. Remit Provident fund contributions in prescribed 3A & 6A forms
9. ESI contributions in Form 6
10. Submit challans of PF & ESI contributions every month.
11. Provide Personal protective equipments for his employees
12. Distribute wage slip each month to his employees
13. Ensure payment of Statutory Minimum Wages as well as additional wages
recommended by BHEL through bank account only.
14. Submit employee and employer contribution as per Shram Kalyan Nidhi Adhiniyam
1982.

PAYMENT OF WAGES ACT

1. Those engaging 100 or more workman, should submit or copy of standing orders.
2. Shall comply with the provisions of Factories Act.
4.0 ON COMPLETION OF WORK
Submit PF & inspection report

Signature of Contractor
BHARAT HEAVY ELECTRICALS LIMITED, BHOPAL Page 3 of 3
ANNEXURE VIII
 Annexure -IX
Checklist for the Tenderer

Sl No
1 NIT (signed on all pages) Yes/No
2 Price Schedule (Uploaded on GeM) Yes/No
3 BHEL General Terms and Condition(signed on all pages) Yes/No
4 Company/Firm Registration documents
5 PAN Card of the Firm/Company(with copy)
6 ESI No and Supporting Document
7 EPF No and supporting Document
8 GST certificate with supporting document
9 Salary declaration (If ESIC is not provided)
10 Declaration of the tenderer Yes/No

Seal and Sign of the Contractor/Firm

 Annexure – X

Declaration of the official of the tenderer to whom all the references shall be
made
Name of Official :-

Experience :-

Contact No :-

Email ID :-

ID No:-
(along with photo copy of ID)

I, hereby, declare that the above information is true to the best of my knowledge.

Signature of Contractor & Seal

 Annexure -XI
Salary Declaration
(To be submitted if ESI and PF Certificate is not submitted)

This is to certify that the person deployed for the work in the above mentioned
enquiry are technicians / engineers and have salary more than 21,000 per month.

Seal and sign of contractor

 ANNEXURE XII

(FORCE MAJEURE, BREACH OF CONTRACT CLAUSE)

(The Terms & Conditions given hereunder, supersede the relevant terms & conditions given in “General Terms
& Conditions and Statutory Compliances” or any other Tender document, where ever applicable).

1. Force Majeure Clause :

Notwithstanding anything contained in the contract, neither BHEL nor the Contractor shall be
held responsible for total or partial non-execution of any of the contractual obligations, should
the obligation become unreasonably onerous or impossible due to occurrence of a 'Force Majeure'
which directly affects the obligations to be performed by the BHEL or the contractor; Such events
include war, military operations of any nature, blockages, revolutions, insurrections, riots, civil
commotions, insurgency, sabotage, acts of public enemy, fires, explosion, epidemics, quarantine
restrictions, floods, earthquake, or acts of God, restrictions by Govt. authorities; over which the
BHEL or the contractor has no control.

The party claiming to be affected by force majeure shall notify the other party in writing without
delay, within two weeks from the occurrence of such situation and on the cessation thereof.
Extension of time sought by the contractor along with supporting evidence and so granted by
BHEL for the work affected, if any, shall not be construed as waiver in respect of remaining
execution. Rescheduling of execution on account of force majeure conditions, if so agreed by
BHEL, will not entail the contractor to claim any increase in the price on whatsoever account.

Notwithstanding above provisions, BHEL shall reserve the right to cancel the Contract, wholly
or partly, in order to meet the overall project schedule and make alternative arrangements. If
deemed necessary, BHEL may takeover partly processed work at a mutually agreed price”.

2. Breach of Contract, Remedies & Termination Clause :

In case of breach of contract, wherever the value of security instruments like performance bank
guarantee available with BHEL against the said contract is atleast 10% of the contract value, the same
be encashed. In case the value of the security instruments available is less than 10% of the contract
value, the balance amount be recovered from other financial remedies (i.e. available bills of the
contractor, retention amount, etc. with BHEL) or legal remedies be pursued. Further, levy of
liquidated damages, debarment, termination, de-scoping, short-closure, etc., shall be applied as per
provisions of the contract.