Bhel Tender Document

Tender Notification No: HYQC/NDT-UT&MT/2021-22 Page 1 of 36
Bharat Heavy Electricals Limited

Ramachandrapuram :: Hyderabad – 32
TENDER NOTICE
Name of the department: NDT/QC

Tender Notice No: HYQC/NDT-UT&MT/2021-22 Date: 28-08-2021
1. Bharat Heavy Electricals Limited, a Government of India Public Sector undertaking having its
Registered Office at Siri Fort, New Delhi. BHEL Ramachandrapuram, one of its manufacturing Units,
invites sealed tenders in two part bid from eligible /Contractors, who fulfill qualification criteria as
stipulated in NIT, for the “Ultrasonic Testing and Magnetic Particle Testing (UT&MT) work on
outsourcing basis inside the factory at BHEL, Hyderabad-502 032”.
2. Sealed quotations in single cover consisting of two inner sealed covers (containing Technical bid as
Part A and Price bid as Part B) super scribing the Name of work, Part Number and Tender reference will
be dropped in tender box at this office up to 11.00 AM on or before 11.09.2021 at vendor complex, besides
administrative building, BHEL Ramachandrapuram. Technical bid will be opened at 02.00 PM on
1109.2021 and further information if any, may be obtained from the office of Dy.Manager/NDT.
3. While submitting the tender documents, a demand draft/cash paid at BHEL cash office towards cost of
tender document should be enclosed. Corrigendum if any will be published in BHEL web site only.
The brief scope of the work and information is provided below:
4. The salient features of the tender documents are as follows :
i) Notice inviting Tender

ii) Instruction to Tenderer
iii) General terms and conditions
iv) Duties and Responsibilities of Contractor
v) Manpower
vi) Contract Work description
vii) Pro-forma for offering technical bid
viii) Special terms and conditions of Contract
ix) Price Bid Format
x) Declaration by Contractor
xi) Period of contract
xii) Failure to comply with contract
xiii) Payment to Contractor
xiv) Sub-contract
xv) Statutory requirement
xvi) Copy of agreement between BHEL & Contractor
Signature of the tenderer

5. A set of tender documents (non-transferable) may be purchased on any working day (Monday to
Saturday) between 09:00 hrs to 12:00 hrs from the Office of Dy.Manager/NDT, Dept, BHEL-HPEP,
RC PURAM, HYDERABAD-32 by paying the prescribed Tender fee of 1000 /- only through EFT to
BHEL A/c No:62048154115 (IFSC code: SBIN 0020075, ITR No to be mentioned ) or crossed Demand
Draft in favor of “BHEL- RC PURAM, HYDERABAD-32”.
6. In case, tender documents are requested by post, BHEL-HPEP shall not be responsible for any delay
due to any reasons (including postal delay) either in receiving the Agency’s request nor receipt of tender
documents by the Agency.
(Signature & Designation of Official)

CONTENTS
SL. No. Description

1.0 Notice Inviting Tender
2.0 Prequalification requirements
2.1 Instructions to Tenderer
3.0 General terms and conditions
3.1 Eligibility Criteria
3.2 Earnest Money Deposit
3.3 Security Deposit
3.4 Statutory Requirement
3.5 Manpower
3.6 Safety
3.7 Period of Contract
3.8 Failure to comply with Contract
3.9 Payment to the Contractor
3.10 Sub-Contract
3.11 Laws governing the Contract
3.12 Taxes and Duties
3.13 Legal Jurisdiction
4.0 Duties & Responsibilities of Contractor

5.0 Contract Work Description – Schedule “A”
6-A Pro-forma for offering Technical bid
6-B Special Terms & Conditions of Contract
6-C Pro-forma for Price Bid
7.0 Special Terms And Conditions Related To UT& MT Work
8.0 Declaration by Contractor

1.0 NOTICE INVITING TENDER

i) Tender Number & date : HYQC/NDT-UT&MT/2021-22,
Dt: 28-08-2021
ii) Name of the Work : Ultrasonic Testing and Magnetic Particle
Testing (UT&MT) work on outsourcing basis
inside the factory at
BHEL,Hyderabad-502 032
iii) EMD : 14,310/-

iv) Approximate Estimated value of work : 7,15,120 /-
v) Cost of tender documents : 1000/-
vi) Last date for sale of tender documents : 10.09.2021, before 11:00 AM
vii) Last date for receipt of tender : 11.09.2021, before 11:00 AM
viii) Date, time and place of tender opening : 11.09.2021, 2:00 PM at Vendor complex,
Behind Admin building, BHEL,
Ramachandra Puram, Hyderabad-502 032
ix) Period of completion : 12 Months
x) Maintenance period : Not Applicable
2.0 PREQUALIFICATION REQUIREMENTS:

The following conditions have to be satisfied by the tenderer, with documentary proof to
be enclosed with tender bid (Technical):
i) Average annual financial turnover during the last 3 years, ending 31st March of the previous
financial year (should submit balance sheet & P&L account for last 3 years – certified by
Charted Accountant), should be at least 30% of the estimated cost. Further, if the tenderer
fail to submit the figure (s) for 3 years, non-submitted year will be considered as “0” (Zero)
for averaging the turnover. In the 3 years’ turnover, previous year turnover is compulsory.
ii) (1)Similar work means The contractor shall have experience in performing Ultrasonic &
Magnetic Particle Testing work on industrial jobs (welding, casting, forging, forming) only.
(2)Particulars of experience / credentials for the works executed of similar nature (UT & MT
work undertaken) during not older than 7 years (Completion and experience certificate of the
works to be enclosed) ending last day of month previous to the one in which applications are
invited should be either of the following (accompanied by Form 26AS of respective years to
be submitted compulsorily):
a) Three similar completed works each costing not less than the amount equal to 40% of
the estimated cost.
OR
b) Two similar completed works each costing not less than the amount equal to 50% of the
estimated cost.
OR
c) One similar completed work costing not less than the amount equal to 80% of the
estimated cost.

d) Experience certificate issued by BHEL, RC Puram in case any work executed in BHEL,
RC Puram for past three years. Any adverse remarks in the experience certificate will be
a disqualification factor.
iii) “The offers of the bidders who are on the banned list as also the offer of the bidders, who
engage the services of the banned firm, shall be rejected. The list of banned firms is available
on BHEL website www.bhel.com.”
iv) Valid ESI Code Number and P.F. Code Number.

v) It is required to furnish Service Tax registration certificate in respect of all works.
vi) PAN No. (In case not available, proof of having applied with acknowledgement from
concerned authority).
vii) GST Registration number (Copy of Registration Certificate to be enclosed)
2.1 INSTRUCTIONS TO TENDERER:

2.1.1 Tender is a two part bid system. The tender documents consist of Part–A and Part-B as detailed
below
Part ‘A’: Techno-commercial Bid (To be submitted in sealed cover enabling us to open on
29-08-19)
Part ‘B’: Price Bid to be submitted in sealed cover as per Tender conditions.
2.1.2 Part ‘A’ must be duly completed and super-scribed “Tender Enquiry No- BHEL:
RCPURAM: HYQC/NDT-UT&MT/2021-22 dated: 28-08-2021 Part ‘A’ Techno-commercial Bid”.
The tenderer shall not indicate the price or rate in the PART-A: Techno-commercial bid. The
tenderer shall expressly accept all the terms and conditions of the Tender. The tender which does
not comply with the BHEL’s Terms & Conditions may be rejected as Non-responsive/non-
conforming and non- acceptable.
2.1.3 Part ‘B’ must be duly completed with reference to the tender conditions and put in a separate sealed
envelope super-scribed “Tender E n q u i r y N o - BHEL: R.C PURAM: HYQC/NDT-
UT&MT/2021-22 d a t e d : 28-08-2021 Part 'B' - Price Bid ".
2.1.4 The Techno Commercial Bid (Part - A) and general terms and conditions shall be attached to
Techno-commercial offer with each page duly signed by the tenderer (at the bottom of each page)
as a token of acceptance.
2.1.5 Part ‘B’ – the price Bid should not carry any conditions. Price / rate should be quoted in clear terms
in the format given by BHEL.
2.1.6 Part 'B' Price bid will be opened only in respect of those tenderers who are qualified in Techno-
Commercial Bid.
2.1.7 The tender forms both Part ‘A’ & ‘B’ duly filled in all respects shall be signed on each page by the
tenderer. Any alteration, erasure or over-writing will render the tender invalid. Alteration neatly
carried out and duly attested over with the full signature of the tenderer however is permitted.

2.1.8 The tenderer should submit the tender documents intact without detaching any page or pages.
2.1.9 The Name of the tenderer should be written or the contractor’s seal to be put on the sealed envelope.
2.1.10 Before making the offer, the tenderers are advised to carefully go through the terms and conditions,
which form part of the Agreement.
2.1.11 All entries in the tender document should be in one Ink. Corrections, over writing, cuttings etc.
are not permitted. All the columns in the tender form should be filled without leaving any column
blank in any page of the tender. In case any of the columns is left blank, the tender would be rejected.
2.1.12 The price/rate should be quoted in figures as well as in words.
2.1.13 Each and every page of tender documents should be stamped & signed by the tenderer.
2.1.14 Tender documents consisting of Part 'A' & 'B' duly sealed in separate envelopes should be sealed in
another envelope and should be deposited in the Vendor Complex, BHEL-RC Puram, Hyd-32 so as
to reach on or before 11:00 hrs. on 11.09.2021. The tender documents may also be sent either by
registered post / Speed Post / Courier so as to reach on or before the said date and time. Part 'A' of
tender form i.e. Techno-commercial Bid will be opened on 11.09.2021at 14:00 hrs. in the presence of
tenderers or their representatives who are present for the tender opening. Tenderers who qualify in the
Techno-commercial Bid will be intimated to attend the tender opening of part 'B' - price bid at a date
to be notified separately. Part 'B' i.e. price Bid will be opened at the specified date in the presence of
the tenderers or their representative who are notified to attend the tender opening.
2.1.15 For any further details required, Dy.Manager/NDT, BHEL, RC Puram, Hyderabad-32 may be
contacted in person or through Telephone Nos. 040-23184683
2.1.16 BHEL reserves the right to assess the capacity and capability of the parties for pre-qualification.
The company also reserves the right to accept or reject any or all the tenders or any part thereof
at any stage of process without assigning any reason whatsoever. The company has no obligation to
accept the lowest tender. Offer of the Tenderer if prima-facie found not comparable with the
quantum of work envisaged and the bid is a desperate effort to be L1, then the offer is liable to
be rejected. BHEL's decision in this regard shall be final and binding.
BHEL reserves the right to reject the tender of bidder, who committed default and having bad track
record in execution of previous contracts in BHEL. For the purpose of this clause default and bad
track record means violation of labour laws (such as non-payment of wages within time, non-
payment of ESI, PF contribution, payment of bonus) and b a c k i n g out from contract after reverse
auction or after receipt of LOI / entering of agreement etc.,
2.1.17 PRICE BID - The tenderers are required to submit their quotation for all the items listed in the
Price Bid format given along with the tender documents. The price should be quoted for each activity
after careful study of the actual job requirement so that, in case the contract is awarded, contractor
should not express any difficulty in execution of the contract.
2.1.18 The Minimum Wages i.e., State basic plus State DA plus BHEL additional allowance as applicable
(herein after referred as BHEL fair wages) as applicable in BHEL from time to time are payable.
The tenderer would be required to pay allowances/incentives as decided and communicated by
BHEL.

2.1.19 VALIDITY OF RATES: The rates quoted should be valid for 120 days initially from the date of
opening of the Techno-Commercial bid.
2.1.20 The tenderer will be required to quote the rates against each item of work under each group (both in
figures and words).
2.1.21 REVERSE AUCTION: “BHEL shall be resorting to Reverse Auction(RA)(Guidelines as available
on w w w . b h e l . c o m ) for this tender. RA shall be conducted among all the techno-commercially
qualified bidders. Price bids of all techno-commercially qualified bidders shall be opened and same
shall be considered as initial bids of bidders in RA. In case any bidder(s) do (es) not participate in
online Reverse Auction, in their sealed envelope price bid along with applicable loading, if any, shall
be considered for ranking.”
2.1.22 DISCREPANCY IN WORDS & FIGURE QUOTED IN PRICE BIDS:
i) 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.
ii) 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
iii) 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 (i) and (ii) above.
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
2.1.23 Wherever it is quantity based work, including main work and sub-work, the tenderer should quote
his rates against each item /work (main as well as sub-work/item).
2.1.24 In case of quantity based work contracts, the tenderer should quote the rates a g a i n s t each item
keeping in view the prevailing BHEL fair wages as applicable in BHEL, statutory payments and other
payments if any and other obligations as per the statutory provisions and amendments thereto and
also as directed by BHEL from time to time.
2.1.25 BHEL reserves the right to award the contract to one or more contractors simultaneously as deemed
fit at the initial stage or during the contract period.
2.1.26 BHEL reserves the right to reject any bid, which is technically unacceptable and unworkable.
Further, BHEL also reserves the right to reject any or all tenders without assigning any reasons
thereof.
2.1.27 BHEL reserves the right to cancel the contract at the initial stage or during the contract period
without assigning any reason to the tenderer.
2.1.28 Wherever prescribed formats are specified for the tenderers use, he shall use the same for making
his Claims.

2.1.29 Tender document should be complete in all respects

2.1.30 Successful tenderers shall enter into an Agreement on stamp paper of 200/- for having accepted
the rates, terms and conditions of the contract as per the pro-forma given by BHEL.
2.1.31 The Offers should be in full conformity with the terms and conditions of this tender. No contra
conditions are acceptable. Incorrect and incomplete tenders are liable to be rejected. Tenders not
submitted in the prescribed forms will be rejected.
2.1.32 BHEL reserves the right to accept or reject any tender in part or full at their discretion without
assigning any reason.
2.1.33 If a tenderer deliberately gives wrong information in his tender or creates conditions favorable for
the acceptance of his tender, then BHEL reserves the right to reject such tender at any stage.
2.1.34 If the tenderer indulges in any unethical practice for securing the contract, the offer of such tenderer
shall be rejected.
2.1.35 Any written communication required to be sent to the contractor in writing shall be sent at the
address mentioned on the tender form or to any other address subsequently intimated by Contractor
in writing to BHEL HPEP for the contract purposes or to his e-mail address.
2.1.36 SITE VISIT:

a) Before quoting, the tenderers are advised to inspect the site of work and its environments
and be well acquainted with the actual working and other prevailing conditions, position of
materials and labour related procedures & practices. They should be well versed with BHEL
General Conditions of Contract, Instructions to tenderers, drawings wherever applicable and
specifications and all other documents which form part of the agreement to be entered into
subsequent to award of work. The tenderers shall specially note that it is the tenderer’s
responsibility to provide any item which is not specially mentioned in the specification or
drawing, but which is necessary to complete the work
b) The tenderer/Bidder and any of his authorized personnel or agents will be granted permission
by the BHEL to enter upon its premises and lands for the purpose of site visit. However the
bidder shall express condition that he, his personnel, and agents will be responsible against
all liability in respect thereof, including death or personal injury, loss of or damage to
property, and any other loss, damage, costs, and expenses incurred as a result of the
inspection.
c) The Bidder should inform the BHEL at least 2 days (time may be fixed in consultation with
tender issuing authority) in advance about the proposed site visit. The Bidder, at his own
responsibility and risk is encouraged to visit, inspect and survey the Site and its surroundings
and satisfy himself before submitting his bid as to the form and nature of the Site, the means
of access to the Site, the accommodation he may require, etc.
d) In general, Bidders shall themselves obtain all necessary information. A Bidder shall be
deemed to have full knowledge of the Site, whether he inspects it or not and no extra claims
due to any misunderstanding or otherwise shall be allowed. The cost of visiting the Site shall
be at the Bidders’ own expense. Any deviations of information in the report and the actual
site will not be the responsibility of the BHEL.

3.0 GENERAL TERMS AND CONDITIONS:

i) Contractor shall obtain Labour License (Central / State Government) before commencement
of work as applicable.
ii) In case Contractor engages labour from outside A.P. State to execute the said work, he is
required to obtain license under Inter State Migrant Workmen (RE&CS) Act 1979.
iii) BHEL reserves the right to split up the work into convenient portions and award them to
different contractors.
iv) The tenderer shall keep the contents of his tender and rates quoted by him to be kept
confidential.
v) The rate for each item shall be reasonable and not unbalanced / impracticable. In case
BHELcome across any unbalanced / impracticable rates i.e. 10% or less than 10%
estimated value, Tenderer / Bidder may require to furnish detailed analysis to justify the same.
If after its examination, BHEL still feels the rates are unbalanced / impracticable, BHEL may
asks the tenderer for additional Performance Security or other safeguards to protect BHEL
/ Employer’s interest against financial loss which may occur to BHEL on account of such
unbalanced / impracticable rates, failing which the tender submitted by the tenderer, shall be
liable to be rejected by the BHEL, who may award the Contract to any other tenderer.
vi) All expenses in preparation and submission of bids and visits to the office or any place in
connection with the preparation of Bid shall be borne by Bidder. BHEL in no case shall be
responsible or liable for these costs regardless of the outcome of the Bidding process.
vii) The bid prepared by the Bidder including all correspondence etc. relating to his offer/ bid shall
be in ENGLISH language only.
3.1 ELIGIBILITY CRITERIA

3.1.1 In case the contractor is a Partnership Firm or a Company, the same should be a registered under the
relevant Indian Partnership Act 1932 or Companies Act, 1956 and well established organization having
at least three years’ existence in business consecutively for the past three years.
3.1.2 The Successful tenderer has to get the license from Labour Dept., under Contract Labour
(Regulation & Abolition) Act 1970 for the areas and nature of work, which they will be performing as
part of the contract.
3.1.3 Tenderer should have independent ESI Employer code under ESI Act 1948.
3.1.4 Tenderer should have independent PF code under Employee Provident Fund and Miscellaneous
Provisions Act 1952.
3.1.5 Photocopy of letter from ESI Corp. and PF Commissioner’s Office to establish that tenderer is
Independently registered as an employer under ESI and PF to be produced.
3.1.6 The tenderer shall also mention the PAN Number issued by Income Tax Department, copy of the
PAN card or PAN number allotment letter shall be submitted along with the tender documents.

3.1.7 There should be no litigation or charge under investigation / enquiry / trial against the Tenderer, or
conviction in a court of law or suspension or blacklisting by any organization on any ground. Tenderer
shall confirm this in the Declaration. During the course of work, if any such information comes to
light, the contract may be terminated.
3.1.8 The opinion / decision of BHEL regarding the bid shall be final and conclusive. BHEL reserves the
right to reject any or all the bids at any time without assigning any reason.
3.1.9 In case the tenderer has a relative employed in BHEL, the authority inviting tender shall be informed
of this fact in writing at the time of submission of tender, failing which the tender may be disqualified,
or if such fact comes to light subsequently, the contract may be terminated.
3.1.10 For the works which are continuous in nature, and which require regular interaction and monitoring,
the contractor shall have an Office/Establishment in Hyderabad. Absence of such an arrangement
may lead to disqualification of the Tenderer.
3.1.11 The Contractor shall have appropriate financial resources to handle the contracts.
3.2 EARNEST MONEY DEPOSIT:
3.2.1 An amount of 14,310 towards EMD shall be paid in cash at BHEL cash office or by Demand
Draft/Banker's cheque drawn on any nationalized bank / scheduled bank in the name of "Bharat
Heavy Electricals Limited" payable at Hyderabad and shall be enclosed to the tender bid. No
other means of payment shall be accepted. No interest shall be payable by BHEL on Earnest Money
or Security deposit or any money due to the contractor by BHEL.
3.2.2 Tenders received without EMD as specified above shall be rejected. If EMD accompanies price bid,
such bids shall not be considered and will be rejected. If EMD is not in line with amount called for,
the EMD as well as the quotations will be returned and unopened to the tenderers.
3.2.3 EMD of unsuccessful bidders shall be returned promptly upon award of Contract and EMD of
successful bidder will be returned upon the bidder’s accepting the contract and furnishing the
requisite security deposit.
3.2.4 EMD may be forfeited if after opening of tenders, a tenderer revokes his tender or increases his
earlier quoted rates or after acceptance of his tender does not commence the work in accordance
with the instructions of BHEL.
3.2.5 The EMD will be forfeited if the accepted tender is withdrawn. If only a part of the work included
in the tender had been awarded to the tenderer, proportionate amount of EMD will be retained
3.2.6 The Contractors who are having one time EMD certificate shall submit copy of the certificate
towards exemption for payment of EMD for the work.
3.3 SECURITY DEPOSIT:
3.3.1 Upon acceptance of his tender bid, the successful tenderer must deposit Security Deposit within the
time specified in the letter of intent. Security Deposit should be collected from the successful
tenderer. The total amount of Security Deposit will be 5% of contract value.
3.3.2 The successful tenderer on receipt of letter of intent can convey his acceptance in writing for
conversion of EMD into security deposit

3.3.3 If the work is awarded, the agency has to pay 50% of SD in advance on contract value before
commencement of work after adjusting of EMD amount.
3.3.4 Security Deposit may be furnished in any one of the following forms.
i) EFT to BHEL A/c (No:62048154115 IFSC code: SBHY0020075) ITR No to be mentioned.
ii) Pay Order, Demand Draft in favour of BHEL
iii) Local cheques of scheduled banks, subject to realization.
iv) Securities available from India Post such as National Savings Certificates, Kisan Vikas Patras
etc.
v) Bank Guarantee from scheduled Banks / Public Financial Institutions as defined in the
Companies Act subject to a maximum of 50% of the total security deposit value. The balance
50% has to be remitted either by cash or in the other form of security. The Bank Guarantee
format should have the approval of BHEL
vi) Fixed Deposit Receipt issued by scheduled Banks / Public Financial Institutions as defined in
the companies Act. The FDR should be in the name of the contractor, A/C BHEL, duly
discharged on the back.
vii) Security Deposit can also be recovered at the rate 10% from the running bills. However,
in such cases at least 50% of the Security Deposit should be deposited before start of the
work and the balance 50% will be recovered from the running bills.
viii) EMD of the successful tenderer shall be converted and adjusted against the security deposit.
Note: Acceptance of Security Deposit against Sl. No. (iv) and (vi) above will be adjusted to
hypothecation or endorsement on the documents in favour of BHEL. However, 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.
3.3.5 Failure by the successful tenderer/bidder to deposit the security deposit amount as mentioned above
within the stipulated time, which will include any extension that may be granted by the authorities,
will render his earnest money deposit liable to forfeiture and his tender shall be consider as
withdrawn. Security Deposit shall not be refundable to the contractor except in accordance with the
terms of the contract.
3.3.6 The Security Deposit will be released along with the final bill or after completion of maintenance
period for the work, whichever will be later, subject to the condition that nothing is outstanding
against the Contractor.
3.4 STATUTORY REQUIREMENTS:

3.4.1 While quoting the rate, the tenderers are advised to take note of BHEL fair wages as applicable in
BHEL payable to workmen.
3.4.2 The tenderer will be required to comply with all the statutory provisions such as Bonus (% as
prevailing in BHEL RC Puram), PF (12%), EDLI (0.5%), ESI, Gratuity, Service Tax and other

applicable taxes, BHEL Fair Wages prevailing at the time of payment or arrears thereof, declared
Holidays, leave, AP Labour Welfare Fund etc. The contractor shall submit the documentary evidence
of payment on account of submission of statutory payments made to the concerned agencies every
month and same may be submitted for clearance of bill.
3.4.3 The tenderer shall comply with the provisions of the Factories Act 1948, Contract Labour (Regulation
and Abolition) Act 1970, ESI Act 1948, Employees Provident Fund and Miscellaneous Provisions
Act 1952, Minimum Wages Act 1948, Payment of Gratuity Act 1972, Industrial Disputes Act, 1947,
Payment of Bonus Act 1965, Employers Liability Act 1938, Inter State Migrants Workmen
(Regulation of employment and conditions of Service) Act 1979 AP Labour Welfare Fund Act,
and or any other Laws and Rules that may be applicable from time to time to the workers engaged
by him. The tenderer, when required by the Company shall produce the registers and records for
verification and comply with other directions issued by the company for compliance of the statutory
provisions.
3.4.4 The tenderer shall fully indemnify the loss if any caused to BHEL due to any default or non-
observance of any of the laws, or any omission or commission or inability on the part of the Tenderer
or his representative.
3.4.5 The tenderer shall, keep and produce for inspection at all times, forms, registers and other records
required to be maintained under various statutes in order to enable scrutiny by the Company whenever
required.
3.4.6 The tenderer shall produce to the Company, the documentary proof of payment of the said statutory
dues. Non-observance of the provisions will be construed as default by the Tenderer in making such
payment, and payment of his bill will be deferred despite other legal action
3.4.7 The Income tax as applicable will be deducted from the bill of the contractor.
3.4.8 Each tenderer will be required to maintain the daily attendance of his labours in the prescribed
Pro-forma for accounting payment of wages, deduction towards ESI & PF Contributions, payment
of Bonus, leave etc.
3.4.9 If applicable, the tenderer has to adhere to the provisions of Payment of Bonus Act 1965 and Rules
1975, and is liable to pay Bonus to his workers if applicable. However, the quantum of Bonus payable
by the tenderer to his workmen will be decided and notified at appropriate time.
3.4.10 The tenderer will have to extend paid National Holidays and Festival Holidays to their workmen
as per BHEL RC Puram direction or as per the provisions of the relevant Act and the Rules thereof.
However, if due to exigencies of work the contractor engages his workmen on National Holidays or
Festival Holidays contractor shall pay additional wages as prescribed under the provisions of the Act.
3.5 MANPOWER:
3.5.1 The Contractor shall provide the required manpower for executing the contracted work. The
contractor shall not engage a person who is less than 18 years of age.

3.5.2 The contractor shall be responsible for safety of his workers while they are engaged for work
connected with the contract. The Contractor shall be responsible for the appropriate usage of the
Uniform and PPE’s by their workmen
3.5.3 The contractor, as the employer of his workmen, shall manage them. In the event of any dispute
arising between the Tenderer and his employees, the Tenderer alone is solely responsible for resolving
the dispute between them and BHEL will in no way be responsible for settling the dispute either
statutory or otherwise
3.5.4 The contractor will be solely responsible for executing the agreed work and the employees of BHEL
will only oversee the proper execution of work. The contractor or his representatives shall be
available in the factory to control and supervise his workers and take down instructions from the
designated officials of BHEL. The cost of deployment of Supervisor has to be borne by the
Contractor.
3.5.5 The contractor shall have full control over his workmen w.r.t determining service
conditions, discharge, dismiss, or otherwise terminate their services at any time. The contractor shall
be solely responsible for any claim arising out of employment or termination of employment of his
employees and for statutory payments.
3.5.6 The contractor shall employ only such personnel who are medically fit. The company has right to
direct the contractor to remove from the premises such of his personnel who may be physically,
hygienically, clinically or medically unfit.
3.5.7 The contractor shall employ only such personnel who have not been found unfit for employment
in Organizations such as Central/State/Public Undertakings by the Police authorities. Persons against
whom criminal cases are pending or under investigation and persons found guilty of offences
involving moral turpitude shall not be engaged for executing work.
3.5.8 The Contractor shall comply with all the operational rules and regulations, including safety and
security rules framed by the company from time to time wherein the Contractor or his workmen
happen to be operating / working. In the event of any of the workmen of the contractor violating any
of the said rules and regulations, the Contractor would be required to remove forthwith such workmen
from the company’s premises.
3.5.9 Out of total manpower to be deployed the Contractor shall to the extent possible to deploy 15%
scheduled castes and 7.5% of scheduled tribe community.
3.6 SAFETY:
i) All safety equipment such as safety belts, helmets & other equipment (as required for this
work) are to be positioned by the contractor & used as per requirement.
ii) Any casualty or damage caused to the property or person by any untoward incidents while
executing this contract will be at the contractors risk & cost.
iii) Violation of applicable safety, health & environment related norms, a penalty of
5,000.00 (Rupees Five thousand) per occasion shall be imposed.

iv) Violation as above resulting in any physical injury a penalty of 0.5% of the contract value
shall be imposed (maximum of 20,000.00) per injury in addition to 5,000.00 as
mentioned above.
v) Any compensation paid to victim shall be recovered from Contractor, agency or firm, if the
accident is attributable to negligence of Contractor, agency or firm or any of its employees
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, trail operation, performance guarantee testing undertaken by the company or
during any works/ during working at BHEL 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 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 section2(l) of the Employee’s Compensation Act, 1923.
3.7 PERIOD OF CONTRACT:
i) The contract shall be to be awarded to the successful bidder, initially, for a period of 12
Months.
ii) The parties, if mutually agreed upon, may extend the period of contract for a further period of
one year on the same terms and conditions and at same rates.
iii) BHEL is at liberty to terminate the Agreement by giving 15 days’ notice in writing.
3.8 FAILURE TO COMPLY WITH CONTRACT
i) Notwithstanding anything contained in any other clause, BHEL reserves the right to terminate
the contract due to any failure on the part of the Tenderer in discharging his obligations under
the contract or in the event of his becoming insolvent or going into liquidation. The decision
of the BHEL about the failure on the part of the Tenderer shall be final and binding on the
tenderer.
ii) In case of any damage to the existing building, structures, materials, tools, furniture and fixtures,
machines etc., caused from contractor’s end directly or indirectly, the cost of its repairs or
replacement will be recovered from the contractor. If there is any work stoppage in any area
of the Plant due to the fault of the contractor, the contractor is liable to compensate the same.
iii) In the event of any failure on the part of the tenderer, BHEL shall have the right without
prejudice to any other right or remedies, to get the work done through any other agency and
the Tenderer shall be liable to compensate BHEL for any losses on this account. The
additional cost, loss, if any incurred by BHEL will be recovered from the bills, security
deposits, other dues, directly from the Tenderer or by initiating appropriate legal action.
3.9 PAYMENT TO THE CONTRACTOR

i) Normally, the periodicity of payment to the contractor shall be on a calendar month basis
based on actual work executed.
The Contractor shall raise the bill for payment as per the contractual terms & conditions
mentioned in the contract on a calendar month basis based on actual work executed, which
should be duly certified by the BHEL official in charge of the contracted work.
In certain cases, due to direct association of work with customer project, payment is made
after completion of work. In such cases same will be specified in the NIT/enquiry and the
agreement entered into post award of job.
The Contractor shall raise the bill for payment as per the contractual terms and conditions
mentioned in the contract, duly supported by attendance sheet for all the contract labours
capturing therein for each of the Contract labour total time engaged during each day on the job
and the same to be duly certified by the BHEL official in charge of the contracted work.
Contract is to be expressed both in terms of required categories of labour and number of

labours against each category to ensure that the contractor discharges all the contractual and
statutory obligations in respect of labours engaged on the job. At the same time required
output in terms of units, tonnage etc. is also to be stated to correlate achieved output vis-à-vis
desired output.
Following conditions shall be adhered strict during the contract period:
a) In case there is fall in the achieved output vis-à-vis desired output, contractor is to be
warned in two spells.
b) If the unsatisfactory performance repeats, contract is liable to be short closed.

ii) The Contractor shall initially pay the wages, and other statutory payments etc., with in the
specified time, related to his workmen and then claim bills from BHEL. The contractors
would be required to submit their Claims along with the proof of payment of wages, PF, ESI
etc., to the respective Departments. The claims will be scrutinized and certified for payment
by the respective department and forwarded to Accounts Department along with HR/IR
clearance certificate for effecting payment.
iii) The Contractor shall provide two pairs of Uniform to each of his workmen along with
stitching charges as specified by BHEL.
iv) The contractor shall pay bonus if applicable to all his workmen as per the applicable
provisions of the payment of Bonus Act 1965 and its rules for contract period and also as per
the instructions guidelines of BHEL regarding payment of Bonus. The contractor has to take into
consideration the bonus amount also while quoting prices for the tender. BHEL shall not
pay/reimburse any bonus amount to the contractor or to his employees.
v) The contractor shall provide Personal Protective Equipment including one pair per year
safety shoe of standard specified by BHEL safety department and two pairs of socks to all his
workmen during the contract period.
vi) Price Variation Clause(PVC) and Over-run compensation (ORC) are not applicable.
1.Increase in rate of DA / Wages hike shall not be reimbursed to the contractor.

2.Contractor has to bear such increase in wages due to DA revision. Contractor shall anticipate
such hike and quote in the tender.
3.10 SUB-CONTRACTING
The contractor shall not sub-contract or transfer or assign the contract in full or any part thereof to
any other person or firm or company without the prior written approval of BHEL.
3.11 LAWS GOVERNING THE CONTRACT:

i) The contract will be governed by the Laws of India for the time being in force and as amended
or made from time to time.
ii) All disputes shall be settled in accordance with the Laws of India for the time being in force and
as amended from time to time.
iii) All disputes arising out of or in relation to this contract or Agreement shall be settled by
mutual discussions through Conciliation and in the event of failure of conciliation, such
disputes shall be referred to Arbitration in accordance with the provisions of Arbitration and
Conciliation Act, 1996.
iv) 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).
3.12 TAXES & DUTIES

a) In case GST credit is delayed/denied to BHEL due to non/delayed receipt of goods and/or
tax invoice or expiry of timeline prescribed in GST law for availing such ITC, or any other
reasons not attributable to BHEL, GST amount shall be recoverable from vendor along with
interest levied/leviable on BHEL
b) 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 levied / leviable on BHEL
c) The bidder shall arrange to send to BHEL, Hyderabad along with all the required documents
as in Purchase Order, Tax Invoice (Original for Recipient) along with his bills
d) Vendor to ensure correct applicability of IGST/CGST/SGST/UTGST based on the Inter /

Intra state movement Supply of goods and services or both
e) Taxes and duties prevalent on the contractual delivery date or the actual delivery date (in case
of delay) whichever is lower shall be applicable paid. Composition Scheme to be addressed.
f) Vendor shall note that the Invoice has to be raised quoting HSN Code of Goods or
Accounting Code of Services or both wherever applicable
g) Invoice should mention BHEL-HPEP-HYDERABAD GSTIN: 36AAACB4146P1ZG or

GSTIN of BHEL Nodal Agency as mentioned in PO

h) In case of any short supply of goods or service Vendor has to raise a credit note for short
supplied quantity as per GST provisions.
i) Any GST liability arising on BHEL under reverse charge before actual receipt of goods and
or services 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 conditions specified in GST law, as applicable
k) Supplier shall mention their GSTN registration number in all their invoices and invoices shall
be in the format as specified/prescribed under GST laws. Invoices shall necessarily contain
Invoice number (in case of multiple numbering system is being followed for billing like SAP
invoice no, commercial invoice no etc., then the Invoice No which is linked/uploaded in
GSTN network shall be clearly indicated), item description as per PO, Quantity, Rate, Value,
applicable taxes with nomenclature (like IGST, SGST, CGST & UTGST) separately, HSN/
SAC Code, etc.
l) A declaration to the effect that all tax liability as per GST rules and regulations shall be
discharged.
3.13 LEGAL JURISDICTION:
i) In respect of all matters arising out of or pertaining to the contract, the cause of action
thereof shall be deemed to have arisen only at RC Puram, Hyderabad, where BHEL - HPEP is
situated. All legal proceedings pertaining to the above matters or dispute shall be instituted
only in courts having territorial jurisdiction over the place where BHEL-HPEP is situated and
no other court shall have the jurisdiction.
4.0 DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR:

4.1 The duties, responsibilities and obligations of the contractor including statutory responsibilities
mentioned in this document are indicative and not exhaustive. Contractors are required to confirm
with the concerned authorities for proper and complete compliance.
4.2 The contractor will abide by the provisions of Child Labour (Prohibition & Regulation) Rules 1988.
He should issue appropriate Appointment Letter to his Workmen.
4.3 The following documents / forms under Contract Labour (Regulation & Abolition) Act 1970 and
relevant rules therein shall be maintained by the contractor:
i) A notice showing the wage period and date of disbursement of wages to be displayed
at the place of work and a copy sent by the contractor to the HR
Department (Rule 75).
ii) A register of workmen : Form XIII (Rule 75)

iii) Employment card : Form XIV (Rule 76)
iv) Service Certificate : Form XV (Rule 77)
v) Muster Roll, Wage Register, Deductions Register, overtime Register Etc.
vi) Half yearly return to be sent (In duplicate) by the contractor to the licensing officer. Form –
XXIV (Rule 82 (I)) with a copy to HRM Department regularly

vii) All statutory registers and records shall be preserved in original for a period of Ten years and
should be made available even after the contract is over for verification.
4.4 The contractor shall comply with the provisions of Contract Labour (R & A) Act 1970 including
provisions relating to welfare and Health facilities as provided under the Contract Labour (R& A) Act
1970 and relevant rules.
4.5 All the Contractors shall submit the half yearly / yearly returns to Regional Labour
Commissioner (Central), Hyderabad or appropriate authority as required under contract Labour
(Regulation & Abolition) Act 1970 and forward a copy to HR Department.
4.6 BHEL, HPEP, RC PURAM – Hyderabad is a Notified Area under the provisions for ESI Act 1948.
The contractor shall comply with the provisions of ESI Act, and will be responsible for any liability
arising during the tenure of the work contract under the Act. The contractor should ensure ESI
coverage and facilities to his workers (i.e. ESI code no. and ESI card etc.) as per ESI Scheme from
ESI authorities including Medical Benefit etc. The contractor shall arrange for filing of family
declaration forms in respect of their contract labors and deposit the same in ESI office for issue of
Identity card by ESI authorities. The contractor may deduct required ESI contribution from the wages
of their employees as per law and deposit the same (Employees share) along with his contribution to
the ESI authorities.
4.7 Workmen insured under ESI Act only shall be deployed in contract work. For the Persons not covered
under the provisions of ESI Act, the contractor shall take required insurance under Employees
Compensation Act 1923 with medical benefit.
4.8 The tenderer shall submit bi-annual return in Form 6 along with monthly Challans to the appropriate
authority under the provisions of Employee's State Insurance Act 1948, under intimation to HR Dept.
4.9 Notwithstanding anything contrary to this, in the event of accident, the contractor shall be required to
submit accident / injury report to the concerned authorities with a copy of the same to the designated
BHEL Executive immediately and ensure the compliance of the ESI Act and rules made therein.
4.10 The tenderer shall submit the following returns to the appropriate authority under the provisions of
Employee's Provident Fund and Misc. Provisions Act 1952, Employees’ Pension Scheme 1995 under
intimation to HR Dept.
i) Monthly return in Form 12 A along with form 5 & 10 (addition and deletion) and monthly
Challan or any other form as modified by PF authorities
ii) Annual Return in Form 6A along with Form 3A.

(till this procedure is discontinued by the PF authorities)
4.11 The Contractor shall maintain the following records as required under the Employees Provident
Fund And Miscellaneous Provisions Act 1952, Employee's Pension Scheme 1995.
• Declaration of Nomination, Form No.2 Para 33 and 61 (1).
• Attendance.
• Wage Register.
• Any other documents / registers as required

4.12 The contractor shall regularly on or before prescribed date of every month pay the amount of
contribution (employer's contribution as well as the employee's contribution) as per the Employee's
Provident Fund and Miscellaneous Provisions Act 1952, Employees’ Pension Scheme 1995 and
Employee's State Insurance Act 1948
i) The contractor may recover from his workmen, the employee’s contribution in accordance
with the provisions of the said act and the Scheme but shall not recover the employer's
contribution or the other charges from his employees in any manner.
ii) The contractor shall submit along with monthly bills to BHEL, statement showing the
recoveries of contributions in respect of employees employed by or through him along with
the proof of Deposit of such contribution with the Concerned Authority and shall also furnish
to BHEL such information, in the capacity of principal Employer, as required to be furnished
under the provisions of the schemes under the Employees P.F. and Misc. Provisions Act 1952
and ESI Act, 1948 to the authorities under the said Acts.
iii) The Contractor shall arrange for his own P.F. and ESI Code Number from the PF and ESI
authorities respectively. The expenditure incurred by the contractor towards payment of the
Employers Contribution and PF Administrative charges is already included in the estimated
price of BHEL.
4.13 The contractor shall maintain Form D as per Rule 5 of the Payment of Bonus Act, 1965. If applicable
the contractor is further liable to pay bonus to his employees in accordance with the payment of
Bonus Act 1965 on completion of contract and to keep all the records in Form C as per the said Act.
4.14 The contractor will be required to contribute towards gratuity payment of his employees (contract
workers) required as per Payment of Gratuity Act. He will also be responsible to pay retrenchment
compensation under the Act. In case of short closing of contract by either side, the Contractor shall
settle all dues payable to workmen including Bonus on last working day.
4.15 In case the contractor employs women, he will discharge his obligation under law in respect of such
women workers such as prohibition of engaging them during night hours, prohibition of employing
them more than 9 hours per day, provision of crèche facility, grant of maternity leave as per rules etc.
4.16 The Wage period for the Workmen of Contractors engaged on long contracts shall be Calendar
Month and the contractor shall be responsible for making payment of wages within 7 days of the
closure of the wage month (on 07th day of the calendar month following the wage month) The
disbursement shall be preponed to the 6th day, if the 7th day happens to be a holiday. The Contractor
would be required to open an Account for Electronic Fund Transfer (EFT) of his Bills/Claims from
BHEL as well as EFT of wages/OT/other payments of his workmen from his Bank Account to the
Bank Accounts of his workmen so that risks associated with cash transactions can be avoided.
4.17 The Contractor shall be required to issue monthly Wage slips /OT Slips to their workmen. Further,
the Contractors claims are to be accompanied by a Certificate from BHEL Official certifying that “the
Wage /OT Slips for the previous month/current month have been issued by the contractor to all their
workmen”. Further, the contractor would be required to issue Annual PF Statement from the PF
Authorities for all his workmen engaged in BHEL HPEP, RC PURAM, HYD-32 before submitting
Claim for refund of Security Deposit for the respective years.

4.18 In case contractor fails to make payment of wages to his employees or remittance of contribution
to the concerned authorities, the Security deposit / other dues payable under the contract can be
utilized by BHEL to discharge the liability of the contractor.
4.19 The workmen of the contractors shall wear uniform while attending duty in BHEL campus. The
uniform shall be provided by Contractor to his workmen. The Contractor/his authorized
representative shall ensure wearing of the Uniform by his workmen in the BHEL premises.
4.20 The liability for compensation on account of injury sustained by an employee of the contractor
will be exclusively that of the contractor.
4.21 NATIONAL & FESTIVAL HOLIDAYS (as declared by BHEL): The contractor will give paid
National Holidays and Festival Holidays to the workers as per Section 5 of National and Festival
Holidays Act. However, if due to the exigency of work if any of his workmen is required to work on
National Holiday or Festival Holiday, the contractor has to pay wages as per Section 5, sub section 2
and 3 of the said Act.
4.22 Besides the four national holidays i.e. 15th August, 26th January, 2nd October and 1st May (May day)
if Govt. declares any other day as a national holiday same will be treated as paid holiday for the
purpose of this contract. Accordingly the contractor shall be required to provide paid holiday to its
workers for the same. If any of the contract worker works on such additional declared national holiday,
he will be entitled to additional wage for the said day.
4.23 In addition to the above holidays mentioned, in the event the Central / State Government declares
any other holiday/s and if such Holiday/s is/are applicable to BHEL, RC Puram, Hyderabad also, then
the tenderer/contractor shall extend paid Holiday/s to his workmen. The tenderer shall take into
account all such occasions while quoting in the tender.
4.24 GENERAL ELECTIONS: If the general elections are held for State Assembly / Parliament and
Government declares a public holiday for exercising the franchise, the contractor shall give their
workmen half day leave in "First" shift only. The contractor's workmen working in “Second” and
“Night” shifts will be required to exercise their franchise during their own time.
4.25 The Contractor shall maintain the following Documents, Registers, Forms as required under the
FACTORIES Act 1948 and Rules 1950 thereof
i) Leave Register Form No. 15

ii) Nomination Form No. 25
4.26 The contractor will extend leave with wage to his workers @ of one day for every 20 days work. To
facilitate the proper execution of the Factories Act, these leaves shall be allowed during the same
calendar year. The contractor will pay the un-availed portion of leave in cash along with monthly
wages / at the end of Contract period.
4.27 Contractor has to ensure that all his workmen are granted one day weekly off after every 48 hrs. of
working. The workmen working for more than 48 hours in any week shall be paid wages twice the
ordinary rate of wage in accordance with the provisions of Section 59 of the Factories Act, 1948
read with the A.P Factories Rules 1950.

4.28 The contractor shall follow safety rules and regulations as per provisions of Factories Act 1948, and
Rules at his own expense and arrange for the safety provisions as appended to these conditions or
rules framed by the government from time to time.
4.29 Refund of Security Deposit: Security Deposit of contractor will be refunded only after the expiry of
the contract period and based on the certification of successful completion of the contract and payment
of PF, ESI and applicable statutory dues by the concerned Officials / department and submission of
an Undertaking from the contractor, that in case of Claims from any of the statutory authorities, the
same would be indemnified by the Contractor.
4.30 The Contractor shall be required to deposit Service Tax as applicable as assessed by Central Excise
Authority (Service tax cell) Hyderabad before 15th of the following month, if same is applicable as
per rules in force from time to time. The amount so spent can be claimed from BHEL after submitting
the proof of the same.
4.31 Contractor shall inform his PAN to BHEL. Income tax as applicable will be deducted at source by
BHEL from the bills of contractor.
4.32 All the Registers and Records, forms, Notices maintained under the relevant Acts and Rules should be
produced on demand before the Inspector or any other authority under the Act, failing which the
contract may be terminated without any notice.
4.33 Contractor shall be required to submit a list of his workers to be deployed for the works contract
giving details regarding Name of contract worker, Fathers Name, permanent and Present Address,
Date of Birth, Qualification, Caste-SC/ST/OBC, ESI No, PF No. and the family details.
4.34 The contractor shall abide by all the labour legislations and other laws including the provisions
of Contract Labour (Regulation & Abolition) Act, 1970, the Factories Act, 1948, the Payment of
Wages Act, 1936, the Minimum Wages Act, 1948, ESI Act, 1948, Employee Provident Fund Act,
1952, AP Labour Welfare Fund Act, Payment of Bonus Act 1965, Payment of Gratuity Act 1972,
and other relevant Acts to his workmen under this Contract wherever applicable.
4.35 BHEL shall be indemnified against all losses, Claims, prosecutions etc. under any law.
4.36 The contractor shall promptly furnish all information and document required by BHEL authorities
for the purpose of complying with the responsibilities of Occupier of the factory and shall render all
the necessary assistance for the same.
4.37 The contractor will maintain proper discipline of his workmen and will ensure that his workers do not
cause any loss or theft or damage to any company's property. The contractor will also be responsible
for the good conduct of his workmen.
4.38 The contractor shall ensure and maintain uninterrupted progress of the work in accordance with
instructions given to him on behalf of BHEL from time to time.
4.39 In case the contractor makes default in commencing the work within the time specified by BHEL
without any reasonable cause, disputes any of the terms and conditions of the contract or refuses to
execute the contract or any part thereof at any stage, the contract shall, without prejudice to any other
right or remedies available to BHEL, be liable to be cancelled / terminated in part or in whole. In the

event of such cancellation / termination of contract, the contractor shall be liable; to compensate
BHEL for all losses incurred by BHEL including the loss suffered on account of having the work
executed through any other contractor or department as may be convenient to BHEL, in accordance
with the exigencies of the work. In case only a part of the contract is cancelled, the remaining portion
of contract may be allowed be executed by the contractor.
4.40 The Contractor, shall, without fail, give up-to-date information in writing of the attendance of the
workers engaged by him. The Contractor will also submit the required documents and certificates as
prescribed from time to time for the clearance and the payment of the Bill.
4.41 Whenever any sum of money is found to be recoverable from or payable by the contractor, the same
will be deducted from any sum that may due or which at any time there after becomes due to the
contractor under this contract or under any other contract or from his security deposit. In case the
recoveries are not complete even after such deduction, the contractor shall pay the same or the balance
thereof from the security deposit. The contractor shall immediately thereafter pay such further sums
as may be required to replenish the shortage caused by such recoveries in the amount of security
deposit
4.42 During the currency of contract, if the contractor is awarded any other job work contract in BHEL,
the contractor will have to inform the designated BHEL official before accepting the other work.
4.43 In case of failure on the part of the contractor to execute the work awarded to him within the
stipulated time, the sum equivalent to the EMD as per BHEL Works Policy shall be forfeited as per
the Undertaking provided by tenderers, after a week’s notice issued by the awarding officer and
BHEL may in its discretion award the contract to any other party.
4.44 In case of any extra work executed by the contractor, the contractor will be paid on pro-rata basis.
4.45 All the Terms and Conditions as mentioned in Work Order will also form a part of the Agreement.
4.46 BHEL shall have the right to deduct any sum from the bill of the contractor for making good the loss
suffered by a worker or workers by reason of non-fulfillment of the conditions of the contract, Non-
payment of wages or of deduction made from his or their wages which are not justified by the terms
of the contract or non-observance of the said contract Labour regulations.
4.47 The contractor shall be responsible for observance of local laws, employment of personnel, payment
of taxes etc. As far as possible, workers shall be engaged from the local areas in which the work is
being executed.
4.48 The contractor shall be wholly responsible for the behavior of the workmen at the work place and
outside, in the BHEL premises.
4.49 The contractor shall be responsible for safe custody of BHEL's property like materials, tools etc.,
entrusted to him and if necessary arrange insurance at his own expense.
4.50 The contractor shall be responsible to make good and rectify at his own expense any defect, which
may develop or may be noticed within the period of the contract.
4.51 BHEL shall be entitled to recover any payment made on behalf of the contractor under any law or
otherwise.

4.52 BHEL Officer In-charge shall have the right to stop the work at any stage or at any time by giving the
contractor seven days’ notice in writing.
4.53 ARBITRATION & CONCILIATION:
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.
The proceedings of Conciliation shall broadly be governed by Part-III of the Arbitration and
Conciliation Act 1996 or any statutory modification thereof
Except as provided else 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 contact; or the respective rights and liabilities of the parties ; or , in relation
to interpretation of any provision of contract ; or , in any manner touching upon the Contract , then ,
either party may , by a notice to the other party refer such dispute or difference to the sole arbitration
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 or
enactments thereof and the rules made thereunder and for the time being in shall apply to the
arbitration proceedings under this clause. The seat of arbitration shall be Sangareddy.
The cost of arbitration shall be borne as per the ward of the Arbitrator.
Subject to the arbitration in terms of clause 4.53 above, the courts at Sangareddy/Hyderabad 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.

5.0 CONTRACT WORK DESCRIPTION:
SCHEDULE ‘A’
Contract period From___________ To___________
Period: 12 Months
Contract Work Description: Ultrasonic Testing and Magnetic Particle Testing (UT&MT) work on
Outsourcing basis inside the factory at BHEL, Hyderabad-502 032
ESTIMATED UT & MT SUBCONTRACT WORK LOAD
Sl Type of Test Unit Quantity

No.
1 UT of Weldment Running Centimetre 3,32,000
2. UT of Castings & Forgings Square Centimetre 52,00,000
3. MT of Weld Running Centimetre 5,20,000
4. MT of Castings & Forgings Square Centimetre 25,00,000

6-A TECHNO-COMMERCIAL BID APPLICATION
To,
Bharat Heavy Electricals Limited

H.P.E.P., RC PURAM,
HYDEDRABAD-32
Dear Sir,
I / We hereby offer to carry out the work ‘---------------------------------------------------------------------------

----------------------------------------------‘ against Tender Enquiry No. --------------------------------------------
I /We have carefully perused the following documents connected with the above mentioned work and agree
to abide with the same.
1. Notice Inviting Tender

2. Bid Application
3. Bid Questionnaire – A
4. Bid Questionnaire – B
5. Declaration by Tenderer
6. Instructions to tenderer (Part – A)
7. General terms and conditions
8. Specific terms and conditions
9. Evaluation of price bid
10. Scope of Work & Schedule-A
11. Price Bid Format (Part – B)
I/ We further agree to execute all the works referred to in the said documents as per the General terms and
conditions.
I am /We are in possession of independent PF/ESI Code. I/We undertake to

obtain applicable the PF/ESI coverage of all our workmen to be deployed for
the above work and also agree for recovery of appropriate PF/ESI contribution
from wages/bills Strike out which is not
applicable

PART – A
TECHNICAL BID – I
Tender Enquiry No. : Date:
Details of the Contractor:
a) Name and postal address of the Firm:
b) Name and address of the proprietor:

Email id/Mobile No.
c) Is any contract being operated under the : Yes / No

control of the tenderer in BHEL
(If yes furnish the details)
Location/Address Value Date of Completion

1.
2.
3.
4.
d) Is any relative of tenderer : Yes / No

Employed in BHEL
(If yes furnish the details)
NAME STAFF NO LOCATION/AREA

1.

TECHNICAL BID – II
ESI Code No.

01 (enclose copy of ESI code allotment letter of
ESI authority)
02 PAN No.
PF Code No.
03 (enclose copy of PF code allotment letter of
EPF authority)
04 GST Registration No.
05 Banker’s Name & Address
06 Bank A/C No. & Branch
Have you quoted rates for all the activities,

07 YES / NO
as indicated in the price bid ( Part – B )
Financial Turnover for preceeding three

years duly certified by qualified Chartered
08 Accountant: ex. 2018-19, 2019-20 & 2020-
21
09 Any other comments
Note:
I. Photocopy in support of above wherever applicable should be attached.

II. Please note that if answer of Sl. No.01, 03, 08 or 09 is not available or ‘No’ then the bid is
liable to be rejected.
(In case the department concern requires specific information same may be sought by modifying the
above proforma appropriately)

SPECIAL TERMS & CONDITIONS OF CONTRACT

i) The quantity of raw materials drawn, if any from the Stores and balance unused should
be accounted and returned to the Stores.
ii) Ensure cleanliness of the preparation area/work spot before and after the work on daily basis.
iii) The quantity will be counted, measured and weighed and certified by the authorized persons.
iv) The quantity may slightly vary depending on the requirement which will be informed in
advance by BHEL.
v) The payment will be as per actual quantity prepared, executed and accounted
vi) In case of delay of payment of wages to the contract labour by the contractor, for more than a
week, the contract executing officer will initiate action for payment of wages directly from
BHEL side and recover the same from the payments due to the contractor along with penalty as
decided by the respective product head. In case, the contractor default/fail to pay wages to the
contract labour repeatedly (more than once) the contract executing officer shall take action for
payment of wages directly by BHEL and contract may be short closed despite
blacklisting/banning the said contractor from participating in the future bidding/tendering in
BHEL.
vii) Experience Certificate: On completion of contract, the contractor will be issued an experience
certificate on the total performance of the contractor such as technical competency,
implementation of statutory provisions in time, such as payment of wages to the worker,
payment of PF contribution, Payment of ESI contribution, Payment of bonus, issue of PPE,
uniform cloth, safety shoe etc., based on which the contractors future bid if any in BHEL will
be evaluated.
EVALUATION OF PRICE BID:

i) A single rate must be quoted for each category mentioned in the price bid proforma as the job
would be awarded to one or more successful tenderer.
ii) Evaluation of the L-1 offer shall be computed on overall lowest cost to BHEL basis. (Grand
Total Price for all the items indicated above minus tax credit, if, any)
iii) In the event of two or more tenderers becoming L1, the said tenderers would be called for
negotiation and will be instructed to submit fresh price bid offers. Further, in the event of two
or more tenderers becoming L1, the selection of the tenderer for the purpose of awarding
contract will be on the basis of LOTTERY to be held in presence of representatives of L1
tenderers

iv) Contractor shall take total care to educate himself to know the prevailing wages payable to
contract labour in BHEL RC puram and quote rates taking into account all aspects of contract.
6-C PROFORMA FOR PRICE BID:
See the format as Enclosed as in the ANNEXURE I of this document.
7.0 SPECIAL TERMS AND CONDITIONS RELATED TO UT & MT WORK
7.1 FACILITY PROVIDED BY BHEL:
(a)BHEL will provide computer to suit the LAN connection. Requisition for UT&MT and reporting
shall be done online with BHEL LAN System.
(b) Test blocks to be used for examination of materials and welds to establish DAC curves etc. for
each test situation will be under BHEL scope.
(c) The copy of procedures by which tests shall be conducted will be issued by NDT/BHEL to
subcontractor. The procedures should be returned to BHEL once the contract is over and the
contractor is prohibited in making photocopy of the procedures.
(d) Work area for UT&MT with power supply will be made available to the tenderer by BHEL free
of cost. All other equipment required for testing and evaluating have to be arranged by the tenderer
at his cost. The tenderer is responsible for the safety and securities of his equipment and the persons
deployed by him.
7.2 RESPONSIBILITY OF TENDERER :
(a)It is the responsibility of the tenderer to receive the jobs for UT &MT from production / stores
Department of BHEL and return them properly to the concerned department after obtaining clearance
from Quality Control.
Also UT&MT machines are to be moved near to the job and carry out the tests by the tenderer.
(b) The tenderer shall provide three copies of UT&MT report denoting the number of jobs tested,
area, size wise in each case and the total area covered per report. This report shall bear the total
charges and shall be accompanied by the bill. The job shall be removed from the NDT Centre only
after the scrutiny and acceptance of report by BHEL and copy of this report shall accompany the job.
The tenderer shall separate the accepted and repair/rejected jobs separately.
(c) It is the responsibility of the contractor to punch/paint the numbers given by the BHEL on each
job with the segments if any.
(d) The tenderer shall maintain a register for all the jobs tested under UT&MT and their status along
with daily job report on work done and submit the bills monthly to Sr.Engineer / NDT/QC.

(e) The Tenderer shall submit his bills in triplicate monthly for the accepted UT&MT Work to the
Sr.Engineer/ NDT for certification and the same has to be countersigned by Dy.Manager/NDT for
onward transmission to the Accounts Officer for payment. The payment will be made within 90 days
of the submission of the bills.
(f) The tenderer shall deploy trained technicians who shall be ASNT level-II in UT & MT methods
and the tenderer shall observe rules and regulations stipulated by ASNT from time to time very
Strictly.Technicians so deployed shall be interviewed for their technical skills by BHEL and only
selected Technicians shall be allowed to work with BHEL.
(g) The contractor should possess two digital Ultrasonic flaw detectors capable of being operated on
Rechargeable batteries equivalent to USM 25S or SITI SCAN and two Magnetic Particle Inspection
equipment’s (one prod type and one yoke type). The equipment’s shall be calibrated as per ASME
and API code. BHEL reserves the right to check up the calibration before accepting the equipment
and also at any time during the period of contract.
(h) Digital ultrasonic flaw detector should have DAC and DGS Scale and recording facility that stores
calibration data and facility to recall such data whenever required.
(i) The tenderer for UT&MT shall arrange for his own Equipment, cables, Probes, IIW blocks, angle
beam miniature blocks etc and other necessary items and consumables for carrying out the work. The
angle beam probes shall be of built-in wedge type like Kraut Kramer WB/MWB probes.
The consumables like couplant-oil, grease, Magnetic fluid, Powder etc. shall be used from any one
of the BHEL approved brands.
(j) After the test is over, the contractor should ensure that the couplant (oil/grease) applied on
material surface is removed.
(k) The operator should be capable of carrying out the tests independently as per BHEL NDT
procedures and issue test reports in formats approved by BHEL.
(l) Tenderer for UT&MT shall arrange his own accommodation, conveyance etc., for his staff and
shall abide by the safety, security and Personnel Dept. rules and regulations of BHEL Hyderabad.
(m) The tenderer shall use Ultrasonic testing machine and Magnetic particle testing machine to meet
BHEL’s requirements. If the tenderer fails to arrange the equipment’s as required above, BHEL shall
have right to terminate the contract. The tenderer shall arrange good quality probes, cables,
calibration blocks and equipment’s with adequate quantity. He shall also have adequate quantity of
probes, suitable for all types of jobs to meet ASME and API code requirements. Size of probes and
calibration blocks for different jobs shall be in accordance with relevant codes and shall have the
approval of BHEL.
(n) The tenderer shall have trained and qualified technicians who shall be at least ASNT Level-II in
each method. The tenderer is required to complete his work during 1st shift working of the factory

only. However tenderer shall be prepared to take up UT&MT work in three shifts including Sundays
and Holidays depending upon the work load as instructed by the Dy.Manager/NDT or his authorised
representative from time to time. In all cases the payment is based upon work completion on Unit
rate basis only.
(o) The tenderer shall employ a site in charge who shall supervise the work, prepare the reports, show
the work to BHEL, third party inspectors and customers, and mark the repairs, etc., including
maintenance of files connected with the tenderer at his own cost.
(p) The tenderer shall have MT equipment of capacity not less than 1000amps.In case if any higher
capacity MT equipment is required to be used for testing of jobs, the same shall be arranged by the
tenderer.
(q) The tenderer shall take up the work within 15 days from the date of award of contract.
(r) The tenderer shall follow all safety measures while carrying the work at shop floor. However all
the items of work should be carried out in safe working manner taking all precautions.
(s) The tenderer shall arrange his own printer for work related to this Outsourcing activity.
(t) The tenderer shall provide two UT equipment’s from a reputed make and model and to be
acceptable to BHEL. The UT equipment’s shall have the following features as a minimum
requirement.
a) Frequency 0.5 to 10 MHz,
b) Thickness range 0 to 5 Meters
c) DGS Scales
d) Linearity and resolution shall be below 1%.
Tenderer shall submit the following probes, cables and standard blocks (with identification No.s )
(Note:The probes should be same manufacture of the Equipment)
a) IIW calibration blocks 2 nos V1 & V2
b) Basic calibration blocks as per 1 set
ASME code
c) Straight beam probes 2Mhz Ø24mm and matching cables
d) Straight beam probes 2Mhz Ø10mm and matching cables
e) Straight beam probes 4Mhz Ø24mm and matching cables
f) Straight beam probes 4Mhz Ø10mm and matching cables
g) TR straight beam 4Mhz Ø24mm and matching cables
h) TR straight beam 4Mhz Ø10mm and matching cables
i) TR straight beam 2Mhz Ø24mm and matching cables
j) TR straight beam 2Mhz Ø10mm and matching cables

k) Angle beam 4Mhz/45˚ 20mmX22mm-2nos& matching cables

l) Angle beam 4Mhz/60˚ 20mmX22mm-2nos& matching cables
m) Angle beam 4Mhz/70˚ 20mmX22mm-2nos& matching cables
n) Angle beam 2Mhz/45˚ 8mmX9mm-2nos& matching cables
m) Angle beam 2Mhz/60˚ 8mmX9mm-2nos& matching cables
o) Angle beam 2Mhz/70˚ 8mmX9mm-2nos& matching cables
p) Angle beam 4Mhz/45˚ 8mmX9mm-2nos& matching cables
q) Angle beam 4Mhz/60˚ 8mmX9mm-2nos& matching cables
r) Angle beam 4Mhz/70˚ 8mmX9mm-2nos& matching cables
s) Other Special Probes/Wedges
7.3 GENERAL REQUIREMENTS OF UT & MT WORK:
(a)The standard procedure of ASME code section V, VIII, API and other specifications and
acceptance Criteria be employed shall be prescribed by the BHEL. No deviation in any of these
will be acceptable without the prior consent in writing by the BHEL. If any loss is incurred by the
tenderer due to such deviations, the tenderer will be solely responsible for the same.
(b) For any mistake due to wrong punching or painting of number of the jobs BHEL shall have the
right to ask the tenderer for the whole jobs to be re-examined at free of cost.
(c) The tenderer shall provide free access to BHEL Engineers into the area of work and for effective
supervision.
(d) The quantity mentioned in the tender may increase / decrease depending upon actual requirement
per year.
(e) BHEL Hyderabad reserves the right to accept or reject any of the tenders without assigning any
reasons thereof and does not bind itself to accept the lowest quotation.
(f) Tender documents are not transferable.
(g) The tenderer shall carryout UT&MT work as per the instructions given by BHEL to suit the
quality requirements and shall evaluate the result and to be furnished to BHEL in the required
format/register marking clearly the defective ones at the exact location on the component for
necessary further rectification/re-work. The UT&MT work shall be acceptable to Lloyds, Chief
Inspector of Boilers and other inspecting agencies. Also the tenderer shall segregate and keep the
acceptable and Re-work/Rejection components separately.

(h) Penalty clause:

Penalty will be levied for the jobs delayed beyond the delivery date as per the instructions given by
NDT incharge at the rate of 5% of the job value delayed per week or part thereof.
Total penalty levied for the entire contract period shall not exceed 10% of the Order value.
(i) The approximate estimated value of tender for UT&MT work shall be Rs.7,15,120/- per year. No
sales tax shall be payable since it is a works contract. 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). For this purpose the contactor should produce documentary evidence for
registration with authorities concerned. All other taxes and duty are inclusive in the rate.
(j) BHEL Hyderabad shall not take any responsibility for the damage caused to the equipment owned
by the tenderer and injuries to the personnel engaged by the tenderer. The tenderer is responsible for
safety and security of his equipment and personnel engaged by Tenderer.

CHECK – LIST
(To be enclosed with the offer)
YES NO
(Please Mark √ )
1. Have fully understood the enquiry requirement
2. Have gone through the special conditions
3. Do possess qualified operators
4. Necessary details called for is enclosed
5. Calibration certificate of the equipment are marked for the contract
6. Standby equipment available for testing

(during breakdown of equipment)

8.0 DECLARATION BY TENDERER:
I, -- -- - - -- - -- - -- - - -- - -- - - -- - -- - - -- , aged------------Yrs., S/o---------------------------------------------------
----- --- ---- ---- --- , residing at ---------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------
Hereby declare as follows:

i) That my nationality is .
ii) That I am a major and eligible to enter into contract / my firm / my company is competent
to enter into an agreement.
iii) I shall employ only such personnel who have not been found unfit for employment in
Organizations such as Central / state / Public undertaking by the Police Authorities.
iv) I shall not employ persons against whom Criminal cases are pending or under investigation.
v) I shall also not employ persons found guilty of offences involving moral turpitude for executing
work in BHEL contracts.
vi) That there are no Criminal cases pending or under investigation against me or my firm or
company.
vii) I have not been found guilty of offences involving moral turpitude nor any of the company
directors / partners of my firm have been found guilty of offences involving moral turpitude.
viii) Neither I nor my firm nor my company has been declared insolvent in the past.
ix) I have taken due care and efforts to furnish only information which are true in the tender
document.
x) I shall employ labourers who are more than 18 years of age and having sound physical and
mental health.
xi) I shall keep Photograph / identity proof / residential proof of the labourers to be employed
against this tender and arrange for police verification.
Date:
Place:

ANNEXURE I
PRICE BID
Name of Tenderer: _____________________________________________________________________
Address of Tenderer: ___________________________________________________________________
___________________________________________________________________
The tenderer shall quote rates for all items mentioned below separately. If price for any item is not quoted,
the tender will be treated as incomplete and shall be rejected. The quotations will be evaluated based on the
overall cost of the items from Sl. No. 1 to 4 and the lowest bidder will be awarded with contract. BHEL
reserves the right of price negotiation with L1.
Sl No. Type of Test Unit Rate per unit Quantity Total

(Rs) (in Rs)
1 UT of Weldment Running cm 3,32,000 cm
2 UT of Casting & Square cm 52,00,000 sq. cm

Forging
3 MT of Weld Running cm 5,20,000 cm
4. MT of Casting & Square cm 25,00,000 sq. cm

Forging
Overall cost = Total cost of Sl.No.1+2+3+4 = ----------------------------------------------------_
Date:
Place:

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Tender Notification No: HYQC/NDT-UT&MT/2021-22 Page 1 of 36

Bharat Heavy Electricals Limited

Name of the department: NDT/QC

4. The salient features of the tender documents are as follows :

i) Notice inviting Tender

Signature of the tenderer

(Signature & Designation of Official)

Signature of the tenderer

SL. No. Description

2.0 Prequalification requirements

2.1 Instructions to Tenderer

3.0 General terms and conditions

3.1 Eligibility Criteria

3.2 Earnest Money Deposit

3.3 Security Deposit

3.4 Statutory Requirement

3.7 Period of Contract

3.8 Failure to comply with Contract

3.9 Payment to the Contractor

3.11 Laws governing the Contract

3.12 Taxes and Duties

3.13 Legal Jurisdiction

4.0 Duties & Responsibilities of Contractor

6-B Special Terms & Conditions of Contract

6-C Pro-forma for Price Bid

7.0 Special Terms And Conditions Related To UT& MT Work

8.0 Declaration by Contractor

Signature of the tenderer

1.0 NOTICE INVITING TENDER

iii) EMD : 14,310/-

2.0 PREQUALIFICATION REQUIREMENTS:

Signature of the tenderer

iv) Valid ESI Code Number and P.F. Code Number.

vii) GST Registration number (Copy of Registration Certificate to be enclosed)

2.1 INSTRUCTIONS TO TENDERER:

Signature of the tenderer

2.1.12 The price/rate should be quoted in figures as well as in words.

Signature of the tenderer

Signature of the tenderer

2.1.29 Tender document should be complete in all respects

2.1.36 SITE VISIT:

Signature of the tenderer

3.0 GENERAL TERMS AND CONDITIONS:

3.1 ELIGIBILITY CRITERIA

Signature of the tenderer

Signature of the tenderer

iii) Local cheques of scheduled banks, subject to realization.

3.4 STATUTORY REQUIREMENTS:

Signature of the tenderer

Signature of the tenderer

Signature of the tenderer

3.7 PERIOD OF CONTRACT:

3.9 PAYMENT TO THE CONTRACTOR

Signature of the tenderer

Contract is to be expressed both in terms of required categories of labour and number of

b) If the unsatisfactory performance repeats, contract is liable to be short closed.

Signature of the tenderer

3.11 LAWS GOVERNING THE CONTRACT:

3.12 TAXES & DUTIES

Contract period From_ To_