General Purchase Conditions Guide
General Purchase Conditions Guide
T N H
S P C
INDEX
DEFINITIONS
REFERENCE FOR DOCUMENTATION
RIGHT OF OWNER TO ACCEPT OR REJECT TENDER
LANGUAGE OF BID
PRICE
TAXES AND DUTIES
INSPECTION
SHIPPING
INDIAN AGENT COMMISSION
ORDER AWARD EVALUATION CRITERIA
CONFIRMATION OF ORDER
PAYMENT TERMS
GUARANTEE WARRANTY
PERFORMANCE BANK GUARANTEE
PACKING MARKING
DELIVERY
UNLOADING AND STACKING
TRANSIT INSURANCE
VALIDITY OF OFFER
DELIVERY DATES AND PRICE REDUCTION SCHEDULE
RISK PURCHASE CLAUSE
FORCE MAJEURE CLAUSE
ARBITRATION CLAUSE
INTEGRITY PACT IP
RECOVERY OF SUMS DUE
CONFIDENTIALITY OF TECHNICAL INFORMATION
PATENTS ROYALTIES
LIABILITY CLAUSE
LIMITATION OF LIABILITY FOR GOODS PROCUREMENT
COMPLIANCE OF REGULATIONS
REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT
NON WAIVER
NEW UNUSED MATERIAL
PURCHASE PREFERENCE CLAUSE
CANCELLATION
ANTI COMPETITIVE AGREEMENTS ABUSE OF DOMINANT POSITION
ASSIGNMENT
GOVERNING LAW
AMENDMENT
NOTICES
POLICY ON HOLIDAY LISTING
ORDER OF PRECEDENCE FOR PURCHASES
TERMINATION FOR CONVENIENCE
BUILDING AND OTHER CONSTRUCTION WORKERS CESS
GENERAL PURCHASE CONDITIONS
DEFINITIONS
T
OWNER O B P C L G I
C I B B C R
B E M BPCL
VENDOR V C C R
RFQ
INSPECTOR P BPCL
GOODS MATERIALS
RATE CONTRACT O V
R C
T
O
T C R Q CRFQ
R C P O
A C P O T R C P O
I L
LANGUAGE
T B V
O E I
E E
C C I
I
PRICE
U RFQ
F
GST
GST BPCL
V GST
A GST
I GST I GST
V S I GST
I
GST
O I T C GST GST
GST C
V GST
FREIGHT
F F T F
M
NEW STATUTORY LEVIES A
BPCL
N V
S I C
N
C
A
G
R
P
A
T T R C G C
INSPECTION
M BPCL
H
S I RFQ S P C
M TPIA NABCB
ISO IEC T A QCI NABCB
I G T
U
T E P O
BPCL I
BPCL BPCL V
E V
M
C
D
T
BPCL M
C T V
BPCL BPCL I
V
M
A I
M M
BPCL V
C
SHIPPING
SEA SHIPMENT A
T F S V O F A
C
A
T B P C L
A B L
T
T
SHIPPING DOCUMENTS A B L
E
T FOB I
P
A V
I FOB C W M
S T N D T
S P C S
N
S V N
C B P C L
I USA E L A A
US S I
I S M W
AIRSHIPMENT I A
T BHARAT PETROLEUM CORPORATION
LIMITED
V A F S
I BPCL
B
D BPCL
B L A B
I
P L
F M
C O C
T
D
C
I T P
CONFIRMATION OF ORDER
T T
BPCL
PAYMENT TERMS
U
S P B G PBG
PBG
I O
T T TT B C CAD I L
C
U A
PO PO
P O
I
GST
T L R
P
T P I C M R N
M T C C
D C M
G W C
O R
P B G
GUARANTEE WARRANTY
W
T
I
D L P DLP DLP
DLP H
DLP
A
I
BPCL
I
F M
F P A BPCL
T V
V P B G
T
I
I P B G
R PBG A I
I PBG V PBG
I S P B G A I
B I C
F C I
C I
I
F C I
H I
R B I
V PBG R C I D S D R C R C P
R C C D P C G
C
P B G PBG SFMS S F M S
V B SFMS B G V
BPCL B A N IFSC C D B
B G BPCL I B B G
SFMS BPCL B B G
BPCL
N B S B I
B CAG B M
A N
IFSC C SBIN
SFMS BG BG
PACKING MARKING
PACKING
I T
R S
I S P M ISPM
I P P C F A
O M
T C O I P
T
JRA G T P I A
F M
HANDLE WITH CARE GLASS FRAGILE DON T ROLL THIS END UP THIS
END DOWN
C
H C J
T
G A G I
A
I S
I S
E
E
S
A
A
A
A
I
W
P
U NB
A NB NB
A NB
P I
D
O
A C G
ATTENTION SPECIAL LOAD
HANDLE WITH CARE E H L
A
I
MARKING T
P O N
C N A
V N
B
P
D
E D
IMPORTED ITEMS O
V
T B P C L
W S P C
O N R N
I
E N
N K
G K
C N T
D
I L N
NOTE
M F
T T H H E
W
H
DELIVERY
U V
P
T
O
G
U M
R O M A C I
BPCL
M A V
V BPCL
TRANSIT INSURANCE
U
T I BPCL M P P
BPCL
I O
H V
C
T V BPCL
BPCL A
V V
I F S
B P C L
S P C
FOB
VALIDITY OF OFFER
T D
S P C
T D M C
P M D
I V M
D V BPCL
V
BPCL
T T V
BPCL
LR
D
FOR
I L C
LC LC B
LC
I C
F BL H
I FOB
S FOB F B FCA
F C
FORCE MAJEURE
W W
W C
F
F M
N F M
C
F M F M
F M A P A P
C
R
I F M
P C
P
P F M
T C P W
F M
T C O
A C P
F M
A C F M
T
ARBITRATION CLAUSE
A A
T S A
T SCOPE
A R
T S R HQ
T E
T
S A
I
C P S E CPSE P T
CPSE G D O R
I T C E D
AMRCD DPE OM DPE GM FTS
T GST S S T VAT
INTEGRITY PACT IP
V IP T
V IP B D
BPCL
PATENTS ROYALTIES
T BPCL
I
BPCL
BPCL
LIABILITY CLAUSE
I V
W
C L G R O
I
T C O C
C P C C
I A L
I
C C
I C
C
I I P
F
C C W
N P P
COMPLIANCE OF REGULATIONS
V M
T
I
T
T
NON WAIVER
F O P O
V
V O
BPCL A A
BPCL
BPCL
O M S E MSE MSE W
E MSE S C SC S ST
G P
MSE MSE MSE SC ST
MSE L V
B MSE
S EM II U A M
P MSE
V C
MSE
CANCELLATION
BPCL
U
BPCL
T BPCL
BPCL I BPCL
BPCL
BPCL T
BPCL
ASSIGNMENT
T V
BPCL
GOVERNING LAW
T G P C L I
AMENDMENT
A G P C
NOTICES
A P E
P
P
P O
D A
L A F A
J S
D
S P C SPC
T S
I B
G P C GPC
O D
A
A
T
T
T
F
B B C W W A R CS A
C F A
T B
O C W W C A
T B
C W RE CS A
T B O C
W RE CS A B C W W C A
B C W RE CS R B C
W W C R
C
E C S B C W
W B S
T C
C
BPCL
VENDOR
P GPC
PERFORMANCE BANK GUARANTEE
O N
T
B P C L
D S
I B P C L C
M N C
T
C P N
G S P C C
R R
W N B
C
C
V C
C
C B G
R R
AND B C
T G
C
T G U
C
C
C
B
T C B
B
C
C
B C
C B
T G U
T B G U
B
A
T C
B
C
T C G
C C
B C
C C
G C
NAME DESIGNATION
NOTES
GPC Modified Clause on GST (Clause -6)
6.1.4 The vendor shall take steps viz. mention relevant GSTIN of BPCL in GST invoices
and returns, uploading invoice in GSTR 1, payment of the tax liability on the
said invoices and filing of Returns etc. and comply with all the requirements of
applicable laws including GST laws for the time being in force to enable the
OWNER to avail tax credit/s including input tax credit.
Deferment of GST Amounts shall be done for those vendors who have got
instances of open mismatches due to non-compliance. Open mismatches refer
to cases whereby OWNER could not claim the GST Input Tax Credit in the month
of payment of invoice due to non-compliance/ delayed compliance by the
VENDOR. Accordingly, Over and above any payment term mentioned in the
tender including that mentioned in the GPC/GCC, payment to VENDOR by
OWNER for the basic amount (i.e. amount excluding GST) shall be made as
mentioned in GPC/GCC or as mentioned anywhere else in the tender as
applicable. However, GST amount of the Invoices shall be paid only after the
amount gets reflected in the return (GSTR-1 Return of outward supplies/GSTR-
3B) submitted by the vendor on GSTIN portal (GSTR 2B of OWNER) to the
satisfaction of OWNER. Till such time GST amount with correct details is
reflected in GSTIN portal to satisfaction of OWNER, amount shall be withheld
by OWNER.
Over and above, VENDOR is also required to issue e-invoice if the same is
applicable to the OWNER. In absence of GST e-invoice, any loss of Input Tax
Credit to the OWNER shall be indemnified by the VENDOR.
6.1.5 In case of vendors for whom deferment of GST amounts were not done, Any
loss or non-availability of input tax credit by the OWNER due to non-
compliance of applicable tax law including but not limited to GST laws in force
or otherwise, on the part of VENDOR, an amount equivalent to any tax
liability accruing to the OWNER and/or to the extent of any loss accrued to
the OWNER due to the non-availability of input tax credit or any liability
accrued to the OWNER shall either stand cancelled or deducted from the
payment due to the VENDOR or shall be reimbursed by the VENDOR as the
case may be till such default is either rectified or made good by the VENDOR
and the OWNER is satisfied that it is in a position to claim valid input tax
credit within the timelines as per applicable laws.
6.1.6 Any cost, liability, dues, penalty, fees, interest as the case may be which
accrues to the OWNER at any point of time on account of non-compliance of
applicable tax laws or rules or regulations thereof or otherwise due to default
on the part of VENDOR shall be borne by the VENDOR. An amount equivalent
to such cost, liability, dues, penalty, fees, and interest as the case may be
shall be reimbursed by the VENDOR within 30 days. Any GST as may be
applicable on such recovery of amount shall also be borne by VENDOR and
same shall be collected by the OWNER.
GPC Modified Clause on GST (Clause -6)
6.1.4 The vendor shall take steps viz. mention relevant GSTIN of BPCL in GST invoices
and returns, uploading invoice in GSTR 1, payment of the tax liability on the
said invoices and filing of Returns etc. and comply with all the requirements of
applicable laws including GST laws for the time being in force to enable the
OWNER to avail tax credit/s including input tax credit.
Deferment of GST Amounts shall be done for those vendors who have got
instances of open mismatches due to non-compliance. Open mismatches refer
to cases whereby OWNER could not claim the GST Input Tax Credit in the month
of payment of invoice due to non-compliance/ delayed compliance by the
VENDOR. Accordingly, Over and above any payment term mentioned in the
tender including that mentioned in the GPC/GCC, payment to VENDOR by
OWNER for the basic amount (i.e. amount excluding GST) shall be made as
mentioned in GPC/GCC or as mentioned anywhere else in the tender as
applicable. However, GST amount of the Invoices shall be paid only after the
amount gets reflected in the return (GSTR-1 Return of outward supplies/GSTR-
3B) submitted by the vendor on GSTIN portal (GSTR 2B of OWNER) to the
satisfaction of OWNER. Till such time GST amount with correct details is
reflected in GSTIN portal to satisfaction of OWNER, amount shall be withheld
by OWNER.
Over and above, VENDOR is also required to issue e-invoice if the same is
applicable to the OWNER. In absence of GST e-invoice, any loss of Input Tax
Credit to the OWNER shall be indemnified by the VENDOR.
6.1.5 In case of vendors for whom deferment of GST amounts were not done, Any
loss or non-availability of input tax credit by the OWNER due to non-
compliance of applicable tax law including but not limited to GST laws in force
or otherwise, on the part of VENDOR, an amount equivalent to any tax
liability accruing to the OWNER and/or to the extent of any loss accrued to
the OWNER due to the non-availability of input tax credit or any liability
accrued to the OWNER shall either stand cancelled or deducted from the
payment due to the VENDOR or shall be reimbursed by the VENDOR as the
case may be till such default is either rectified or made good by the VENDOR
and the OWNER is satisfied that it is in a position to claim valid input tax
credit within the timelines as per applicable laws.
6.1.6 Any cost, liability, dues, penalty, fees, interest as the case may be which
accrues to the OWNER at any point of time on account of non-compliance of
applicable tax laws or rules or regulations thereof or otherwise due to default
on the part of VENDOR shall be borne by the VENDOR. An amount equivalent
to such cost, liability, dues, penalty, fees, and interest as the case may be
shall be reimbursed by the VENDOR within 30 days. Any GST as may be
applicable on such recovery of amount shall also be borne by VENDOR and
same shall be collected by the OWNER.
Amendment to clause 14.3 of GPC
Vendors shall insist their Bank on issuance of Vendors shall insist their Bank for issuance of SFMS
SFMS Bank Guarantee for faster payments. Bank Guarantee for faster payments. Vendors shall
provide BPCL’s Bank account No
Vendors shall provide BPCL’s Bank account & IFSC Code (Details given below) to their Bank as
number and IFSC code (Details given below) beneficiary at the time of application for Bank
to their Bank as beneficiary at the time of Guarantee in favour of BPCL.I SSUING Bank shall
application for Bank Guarantee in favour of issue the Bank Guarantee & send SFMS message to
BPCL. Issuing bank shall issue the Bank BPCL’s Bank confirming the authenticity of Bank
Guarantee & send SFMS message to BPCL’s Guarantee who in turn shall send the confirmation
Bank confirming the authenticity of Bank to BPCL. Vendor should ensure the following for
Guarantee who in turn shall send the issue of E-bank guarantee
confirmation to BPCL.
a. The issuing bank is on SFMS platform
Name of Bank : State Bank of India b. SFMS Message type used is 760 COV and
Branch : CAG Branch, Mumbai SFMS Delivery Report/ Message copy is
Account No : 11083980831 sent along with original BG
IFSC Code : SBIN0009995 c. For BG amendment, Message type 767COV
SFMS BG Will help in faster verification of BGs is to be used.
and prompt release of payments to vendors.” d. SFMS Contains following details:
The guidelines and procedures for holiday The guidelines and procedures for holiday listing is
listing are available separately in BPCL website attached and shall be applicable in the context of
and shall be applicable in the context of all all tenders floated and consequently all
tenders floated and consequently all orders/contracts/purchase orders.
orders/contracts/purchase orders. It can be
accessed using the following link……
Amendment to Clause no.29 of GPC – Limitation of Liability for Goods
Procurement
“The aggregate total liability of the contractor to owner under the contract shall not
exceed the total contract price, except that this clause shall not limit the liability of the
contractor for following:
a. In the event of breach of any Applicable Law, liability of the vendor shall be limited
to the cost incurred / to be incurred by BPCL towards payment of any penalty / fee
/ interest / professional charges etc or
b. In the event of fraud, wilful misconduct or illegal or unlawful acts, or gross
negligence of the contractor or any person acting on behalf of the contractor or
c. In the event of any claim or loss or damage arising out of infringement of
Intellectual Property, maximum liability shall be restricted to the actual cost of
defense and any claim arising out of infringement of Intellectual Property.
Neither Party shall be liable to the other Party for any kind of indirect or consequential
loss or damage, loss of use, loss of profit, loss of production or business interruption
which is connected with any claim arising under the Contract”.