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Project Management Consultancy (PMC) Services for Execution of

Rajasthan Refinery Project (RRP)

TENDER DOCUMENT

(Document No : B224-TENDER_DOC-B224-110-86-41-PM-T-7210)

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Table of Contents
Document Number Rev. Document Title Page
Number
B224- A TENDER DOCUMENT 24
TENDER_DOC-
B224-110-86-41-PM-
T-7210
B224-110-86-41-PM- B EPCC-10 ( VGO-HDT & PSAOFF GAS RECOVERY) 658
T-7210
B224-110-86-41-SP- 0 Check list for bid completion 659
35
B224-110-16-43- A TECHNICAL CONFIRMATION LIST (PIPING) EPCC-10 662
TCL-0001
B224-110-80-43-CL- C TECHNICAL CONFIRMATION LIST 667
7210
B224-110-17-44- A TECHNICAL CONFERMATION FOR VGO HDT & OFF GAS PSA 673
TQS-5000
B224-110-81-41- A TECHNICAL CONFIRMATION LIST 676
TCL-7210
B224-110-16-50-LL- A Technical Compliance List 679
7210
B224-110-16-51- A TECHNICAL COMPLIANCE (INSTRUMENTATION) 683
TCL-7210
B224-110-80-45-TQ- 0 TECHNICAL COMPLIANCE (FIRED HEATER) 685
0001
B224-110-27-44-X- 0 MISC. REPORT (HO) 687
B224-00-110-19-41- 0 TECHNICAL COMPLIANCE FORMAT CONSTRUCTION 688
TC01
B224-110-86-41-SP- 0 Requirement for Preparation of Project Execution 690
20 Rev.1
B224-000-86-41-DP- 0 CONCESSION/DEVIATION PERMIT 718
7201_
B224-000-86-41-SP- 0 Project Procedure 720
21A
B224-000-86-41-SP- 0 ORGANISATION 723
22 Rev1
B224-000-86-41-SP- 0 Coordination and Communication 726
23 Rev1
RNOD FORMAT 0 Record note of discussion format 738
Annex II
B224-000-86-41-SP- 0 Meeting 739
24A
B224-000-86-41-SP- 0 Reporting 745
25A
B224-000-86-41-SP- 0 Procurement & Subcontracting 748
26A
B224-00-110-19-41- 0 CONSTRUCTION SUPERVISION AND MANAGEMENT 757
0001
B224-110-27-44-0- 0 JOB SPECIFIC PLANNING PROCEDURES FOR LSTK 1035
1003 CONTRACTOR/ PACKAGE CONTRACTOR
B224-B229-6-82- 0 MISCELLANEOUS 1096
0001
B224-000-86-41-SP- 0 Project Cost Control 1192
32_
B224-000-86-41-SP- 0 Closing Of Contract 1195
33_
B224-6-78-0001 0 MISCELLANEOUS 1200
6-78-0002 1 Specification for documentation requirement from contractors 1208
6-78-0003 1 Specification for documentation requirement from suppliers 1217

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Table of Contents
Document Number Rev. Document Title Page
Number
B224-110-86-41- 0 Special Technical Requirements 1226
SCT-01 Rev.1
B224-110-86-41- 0 SCT- Annex1 1241
SCT-Annex1 Rev1
B224-101-86-41- 0 MISCELLANEOUS 1244
SCT- ANNEX2
B224-110-16-43-SL- A MANDATORY SPARE PARTS (PIPING) EPCC-10 1249
0001
B224-110-80-43-SL- A MANDATORY SPARES-STATIC & MACHINERY EQUIPMENT 1251
7210
B224-110-17-44-SL- A MENDATORY SPARE PARTS 1258
5000
B224-110-16-50-SL- A MANDATORY SPARE LIST 1260
7210
B224-110-16-51-SL- 0 MANDATORY SPARES LIST (INSTRUMENTATION) 1265
01
B224-110-80-45- 0 MANDATORY SPARES 1267
MDX-0001
B224-000-86-41-SP- 0 Documentation and Software Requirements 1270
34 Rev1
B224-110-16-43- A VENDOR DATA REQUIREMENTS FOR OWNER/PMC REVIEW 1287
VDR-7210 OF PIPING WORK , EPCC-10 PACKAGE
B224-110-80-43- A VENDOR DATA REQUIREMENTS 1291
VDR-7210
B224-110-17-44- A VENDOR DOCUMENT REVIEW FOR VGO HDT AND REFINERY 1300
VDR-4001 OFF GAS PSA
B224-110-81-41- A VENDOR DATA REQUIREMENT FOR VGO HDT 1307
VDR-7210
B224-110-16-50-VR- A VENDOR DATA REQUIREMENTS 1312
7210
B224-110-16-51- A VENDOR DATA REQUIREMENTS (INSTRUMENTATION) 1316
VDR-7210
B224-110-80-45- A VENDOR DATA REQUIREMENTS (FIRED HEATER) 1320
VDR-7210
B224-110-2-44-VDR- B VENDOR DATA REQUIREMENT for heaters / exchangers thermal 1323
0001 requirements including burners
B224-110-86-41-SP- 0 Documents for licensor review 1326
36
B224-101-86-41-VL- 0 VENDOR LIST 1328
01
B224-110-86-41- 0 Licensor vendor list 2157
LVL-01
B224-79-41-BEDP- 0 VGO HDT BASIC ENGINEERING DESIGN PACKAGE 2168
110
B224-79-41-116-01 0 PROCESS SPECIFICATIONS ¿ ROG PSA 7151
B224-000-79-41- 0 PASSIVATION OF COOLING WATER SYSTEM 7160
CCS-001_Rev0
B224-000-79-41- 0 AMINE CIRCUIT DEGREASING 7168
CCS-003_Rev0
B224-000-79-41- 0 EXTERNAL CHEM CLEANING OF SS WELDS 7172
CCS-011_Rev0
B224-000-79-41- 3 Specification for surface preparation & protective coating 7175
PLS-01
B224-000-79-41- 0 WELDING SPECIFICATION CHARTS FOR PIPING CLASSES 7222
WSC-01
B224-000-79-41- 0 CHEMICAL CLEANING OF STEAM GENERATORS 7244
CCS-007_Rev0

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Table of Contents
Document Number Rev. Document Title Page
Number
B224-000-79-41- 0 CHEM CLEANING OF COMPRESSOR CIRCUIT 7249
CCS-005_Rev0
B224-000-79-41- 0 JOB SPECIFICATION FOR EXTERNAL COATING OF BURIED 7262
PLS-04 PIPING AND FITTINGS
B224-000-79-41- 0 ALKALI BOILOUT PROCEDURE 7267
CCS-008_Rev0
B224-000-79-41- 0 CHEM CLEANING OF VHP/HP STEAM PIPING 7271
CCS-004_Rev0
B224-000-79-41- 0 CHEMICAL CLEANING MARK-UP VGOHDT 7275
SPC-VGOHDT
B224-110-86-41-SP- 0 Introduction and Brief Description 7310
01 Rev.1
B224-110-86-41-SP- 0 Preamble to scope of work 7318
02
B224-79-41-EPC- 1 Process engineering in EPCC scope 7322
110 R0
B224-110-16-43- A SCOPE OF WORK & SUPPLY 7632
SOW-0001
B224-110-80-43- C SCOPE OF SUPPLY / WORKS-STATIC & MACHINERY 7661
SOW-7210 EQUIPMENT
B224-110-17-44- A SCOPE OF WORKS FOR VGO HDT & OFF GAS PSA 7701
SOW-5000
B224-110-81-41- E SCOPE OF WORK (STRL,ARCH. & CIVIL) - VGO HDT 7710
SOW-7210
B224-110-16-50- B SCOPE OF SUPPLY & WORK (ELECTRICAL) 7732
SOW-7210
B224-110-16-51- B SCOPE OF WORKS (INSTRUMENTATION) 7749
SOW-7210
B224-110-80-45-SW- 0 SCOPE OF WORK AND SUPPLY 7765
0001
B224-5-1842-0005_ 0 Inspection Methodology 7769
B224-110-17-43- 0 HAZARD AND OPERABILITY STUDY PROCEDURE 7802
0002
B224-110-17-43-SIL- 0 GUIDELINES FOR LAYER OF PROTECTION ANALYSIS & SIL 7811
0001 STUDY
B224-110-17-43- 0 GUIDELINES FOR GAS DETECTOR MAPPING STUDY 7831
0003
B224-110-17-43- 0 GUIDELINES FOR PROJECT HSE REVIEW STUDY 7837
0004
B224-110-16-43- A PIPING BATTERY LIMIT SCOPE DRAWING EPCC-10 7845
3001
B224-110-16-50-OD- A BATTERY LIMIT INTERFACE 7846
7210
B224-110-16-51-OD- B BATTERY LIMIT INTERFACE 7854
7210
B224-999-16-43- 0 ENGINEERING DESIGN BASIS(PIPING) 7860
EDB-1001_0
B224-999-16-43- 0 ADDENDUM TO ENGINEERING DESIGN BASIS 7904
ADD-1001
B224-101-80-43- 0 DESIGN BASIS STATIC EQUIPMENT & ANNEXURE-1 7906
EDB-1001
B224-999-80-43- A Engineering Design Basis (Packaged Equipment) 7949
EDB-1002
B224-999-80-43- 1 Engineering Design Basis - Rotating Equipment 7979
EDB-1003
B224-999-81-41- 1 Engineering Design Basis (Structural, GC, Arch.) 8007
EDB-1001

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Table of Contents
Document Number Rev. Document Title Page
Number
B224-999-80-45- 0 Engineering Design Basis (FEM) 8075
EDB-1001
B224-999-16-50-DB- 1 ELECTRICAL DESIGN BASIS 8088
1001
B224-110-16-51-DB- A DESIGN BASIS (INSTRUMENTATION) 8134
1001
B224-000-16-54-DB- 0 SITE SPECIFIC SEISMIC SPECTRA 8184
0001
B224-000-17-44- B EDB Plot Plan and Fire Protection System 8190
EDB-0001
B224-110-16-43-LL- A LIST OF JOB SPECIFICATIONS (PIPING) EPCC-10 8208
0001
B224-6-44-0005- B PIPING MATERIAL SPECIFICATION 8210
7210
B224-6-44-0006- B VALVE MATERIAL SPECIFICATION 8506
7210
B224-6-44-0083 A REQUIREMENTS FOR WET H2S/HIC SERVICES (AXN-1, AXN- 8738
2, AXN-3 & AXN-4) APPLICABLE TO CARBON STEELS
B224-6-44-0016 C JOB SPEC FOR NON DESTRUCTIVE TESTING 8742
B224-6-44-0082 A SPECIAL REQUIREMENTS FOR HYDROGEN SERVICE 8763
B224-110-16-43-SP- A JOB SPECIFICATION FOR 3D MODELING (PIPING) EPCC-10 8767
0001
B224-110-80-43-SP- C JOB SPECIFICATION- (STATIC & MACHINERY EQUIPMENT) 8779
7210
B224-110-80-43-DS- A List of DATA SHEETS 8921
7201
B224-110-80-43-ET- 2 ANY OTHER DOCUMENT 8925
0001
B224-110-80-43-DS- 0 Data Sheet for Feed Filter (Automatic Backwash type) 8932
0001
B224-110-80-43-DS- 0 Data Sheet for Cartridge Filter 8936
0002
B224-110-80-43-DS- 0 Data Sheet for Coalescer 8938
0003
B224-110-80-43-DS- 0 Data Sheet for Vapour Absorption Machine 8940
0004
B224-110-80-43-DS- 0 Data Sheet for Air Handling Unit (for AC System) 8941
0005
B224-110-80-43-DS- 0 Data Sheet for Fine Filter (for AC System) 8943
0006
B224-110-80-43-DS- 0 Data Sheet for Chemical Filter (for AC System) 8944
0007
B224-110-80-43-DS- 0 Data Sheet for Water Cooled Chiller 8945
0008
B224-110-80-43-DS- 0 Data Sheet for Water Cooled Condensing Unit 8949
0009
B224-110-80-43-DS- 0 Data Sheet for Chain Pulley Block 8953
0010
B224-110-80-43-DS- 0 Data Sheet for Electric Hoist 8955
0011
B224-110-80-43-DS- 0 Data Sheet for EOT Crane 8956
0012
B224-110-80-43-DS- 0 Data Sheet for PSA H2 Package 8959
0013
B224-110-80-43-DS- 0 Data Sheet for Basket Filter 8962
0014

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Table of Contents
Document Number Rev. Document Title Page
Number
B224-110-80-43-DS- A Datasheets-Rotating 8964
1001-1032
B224-110-80-43- A ERP-ROTATING 9116
ERP-1001-1022
B224-110-80-43-DS- A Column Sketch of 110-C-0001 9242
3001
B224-110-80-43-DS- A Column Sketch of 110-C-0002 9243
3002
B224-110-80-43-DS- A Column Sketch of 110-C-0003 9244
3003
B224-110-80-43-DS- A Column Sketch of 110-C-0004 9245
3004
B224-110-80-43-DS- A Column Sketch of 110-C-0005 9246
3005
B224-110-80-43-DS- A Column Sketch of 110-C-0006 9247
3006
B224-110-80-43-SK- A MISC 9248
0001
B224-000-80-43-SK- 0 JOB SKETCHES FOR CLADED HEAT EXCHANGER 9249
0001
B224-000-17-44-DS- 0 DATASHEET FOR LANDING VALVE 9250
4002
B224-000-17-44-DS- 0 DATASHEET FOR FIRE HYDRANT 9251
4003
B224-000-17-44-DS- 0 DATASHEET FOR HOSE CABINET 9252
4004
B224-000-17-44-DS- 0 DATASHEET FOR FIRST AID HOSE REEL 9253
4005
B224-000-17-44-DS- 1 DATASHEET FOR QBD 9254
4007
B224-000-17-44-DS- 0 DATASHEET FOR MV SPRAY NOZZLE 9255
4008
B224-000-17-44-DS- 0 DATASHEET FOR DELUGE VALVE 9256
4009
B224-000-17-44-DS- 0 DATASHEET FOR RO LR WATER CUM FOAM MONITOR 9257
4010
B224-000-17-44-DS- 1 DATASHEET FOR RESTRICTION ORIFICE 9259
4011
B224-000-17-44-DS- 0 DATASHEET FOR WATER CUM FOAM MONITOR (VARIABLE) 9260
4012
B224-000-17-44-DS- 0 BOOSTER PUMP PROCESS DATASHEET 9261
4020
B224-110-81-41-LL- B LIST OF JOB SPEC.& DS (STRL,UG CIVIL, ARCH) 9262
0004
B224-110-81-41-SP- B JOB SPECIFICATIONS 9264
7210
B224-110-81-41-DS- B DATASHEET FOR OWS PUMP 9309
4801
B224-110-81-41-DS- B DATASHEET FOR CRWS PUMP 9311
4802
B224-000-81-41-SP- B Job spec for protective coating sys of concrete 9314
0001
B224-000-81-41-SP- A JOB SPECIFICATIONS 9323
0002
B224-110-16-50-SP- B JOB SPECIFICATION 9327
7210

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Table of Contents
Document Number Rev. Document Title Page
Number
B224-110-16-50-SP- A Job Specification for ECS 9350
7211
B224-110-16-50-SP- A Job Specification for Solar Power System 9357
7212
B224-110-16-50-SP- A JOB SPECIFICATION 9380
7213
B224-110-16-50-DS- A DATA SHEET-EHV GAS INSULATED SWITCHGEAR 9387
1001
B224-110-16-50-DS- A DATA SHEET-HV SWITCH BOARD 9392
1002
B224-110-16-50-DS- A DATA SHEET- POWER TRANSFORMER 9396
1003
B224-110-16-50-DS- A DATA SHEET- DISTRIBUTION TRANSFORMER 9402
1004
B224-110-16-50-DS- A DATA SHEET- BUS DUCT 9406
1005
B224-110-16-50-DS- A DATA SHEET- NUMERICAL RELAY 9408
1006
B224-110-16-50-DS- A DATA SHEET- MV SWITCH BOARD 9414
1007
B224-110-16-50-DS- A DATA SHEET- DRY TYPE TRANSFORMER 9419
1008
B224-110-16-50-DS- A DATA SHEET-HV - MV CABLE 9423
1009
B224-110-16-50-DS- A DATA SHEET-COMMUNICATION & FIRE ALARM CABLES 9425
1010
B224-110-16-50-DS- A BATTERY & BATTERY CHARGER DATA SHEETS 9427
1011
B224-110-16-50-DS- A DATA SHEET- UPS SYSTEM 9431
1012
B224-110-16-50-DS- A DATA SHEET-NEUTRAL GROUNDING RESISTOR 9436
1013
B224-110-16-50-DS- A DATA SHEET- HV CAPACITOR BANK 9438
1014
B224-110-16-50-DS- A DATA SHEET-HV INDUCTION MOTOR 9441
1015
B224-110-16-50-DS- A DATA SHEET-MV INDUCTION MOTOR 9444
1016
B224-110-16-50-DS- A DATA SHEET- MOV ACTUATOR 9447
1017
B224-110-16-50-DS- A DATA SHEET-EHV CABLE 9449
1018
B224-110-16-50-DS- A DATA SHEET- VFD 9450
1019
B224-110-16-50-DS- A DATA SHEET- Elect. Load Data 9453
1020
B224-110-16-50-DS- A DATA SHEET- LIGHTING FIXTURE SCHEDULE 9455
1021
B224-110-16-50-DS- A DATA SHEET- HV SWBD FDR DETAILS 9465
1022
B224-110-16-50-DS- A DATA SHEET-ELECT. HEAT TRACING 9467
1023
B224-110-16-50-DS- A DATA SHEET-SOFTSTARTER 9470
1024
B224-110-16-50-DS- B DATA SHEET- MV SWBD COMPONENTS 9475
1025

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Table of Contents
Document Number Rev. Document Title Page
Number
B224-110-16-50-DS- A MV HARDWARE DATASHEET 9476
1026
B224-110-16-50-DS- A HV HARDWARE DATA SHEET 9486
1027
B224-110-16-50-DS- A HARDWARE DATA SHEET- EHV ISOL 9499
1028
B224-110-16-50-DS- A UPS BLOCK DIAGRAM 9500
1029
B224-110-16-50-DS- A DATA SHEET-DC LOAD FOR ECS 9501
1030
B224-110-16-50-DS- A DATA SHEET- HEAT LOAD ECS 9504
1031
B224-110-16-50-DS- A DATA SHEET- SPACE FOR ECS 9507
1032
B224-110-16-50-DS- A DATA SHEET-ECS IO LIST 9510
1033
B224-110-16-50-DS- A DATA SHEET- PCU 9519
1034
B224-110-16-50-DS- A DATA SHEET- PV Module 9520
1035
B224-110-16-50-DS- A DATA SHEET- HV VFD 9521
1036
B224-110-16-50-DS- A DATA SHEET- HV SYNCHRONOUS MOTOR 9524
1037
B224-110-16-50-DS- A DATA SHEET- HV INDUCTION MOTOR 9529
1038
B224-110-16-50-DS- A DATA SHEET- MV INDUCTION MOTOR 9532
1039
B224-110-16-51-SP- B Job Specifications (Instrumentation) 9535
7210
B224-110-16-51-ED- A ANNEXURE-1 FORMAT FOR FF DEVICES 9663
1001
B224-110-16-51-SP- 0 JOB SPECIFICATIONS FOR FIELDBUS CABLES 9664
0002
B224-110-16-51-SP- A JOB SPECIFICATIONS FOR FRP CABLE TRAYS 9673
0003
B224-110-16-51-SP- A JOB SPECIFICATIONS FOR WIRELESS INSTRUMENTATION 9677
0004
B224-110-16-51-ED- A I/O SUMMARY FORMATS 9685
7210
B224-110-16-51-DB- A GUIDELINES FOR INSTRUMENTATION 9689
0001
B224-110-80-45-SP- 0 JOB SPECIFICATION FOR FIRED HEATERS 9741
0001
B224-110-80-45-SP- 0 VENDOR QUALIFICATION CRITERIA 9756
0002
B224-110-80-45-SP- 0 BASIS OF STRUCTURE DESIGN 9760
0003
B224-110-2-44-SP- A JOB SPECIFICATIONS 9765
0011
B224-110-2-44-SP- 1 JOB SPECIFICATIONS 9771
001
B224-110-2-44-SP- 2 JOB SPECIFICATIONS 9774
002
B224-110-2-44-OD- A CHECKLIST FOR BURNERS 9776
0011

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Table of Contents
Document Number Rev. Document Title Page
Number
B224-110-2-44-OD- A INSTRUCTIONS TO BIDDER FOR BURNERS 9780
0012
B224-110-80-44-RM- 0 JOB SPECIFICATION FOR REFRACTORY LINING (FIRED 9784
S001 HEATER)
B224-110-16-43- E EQUIPMENT LAYOUT 9795
00001
B224-80-43-SK-3001 A Scheme for VAM configuration of HVAC system 9796
Rev A.
B224-110-80-43-SK- A MISC 9797
0003
B224-110-17-44-LL- A LIST OF ATTACHMENT FOR DRAWINGS 9798
5001
B224-000-17-44-0- H OVERALL PLOT PLAN 9800
0001
B224-000-17-44- A SCEMATIC TAPPING DETAIL FOR SPRAY SYSTEM 9801
30101
B224-110-17-44- A FW P&ID FOR VGO HDT & Refinery OFF GAS PSA 9802
00101
B224-110-81-41-LL- B LIST OF DRAWINGS (STRL,UG CIVIL, ARCH) 9803
0001
B224-110-81-41-0- B ARCHITECTURAL DRAWINGS (PLANS ,ELEVATIONS 9805
2201 ,SECTIONS ) OF OTHER BUILDINGS NOT LISTED ABOVE
B224-110-81-41-0- B ARCHITECTURAL DRAWINGS (PLANS ,ELEVATIONS 9806
2202 ,SECTIONS ) OF SRR
B224-110-81-41-0- A ARCHITECTURAL DRAWINGS (PLANS ,ELEVATIONS 9807
2401 ,SECTIONS ) OF SUBSTATION
B224-110-81-41-0- A ARCHITECTURAL DRAWINGS (PLANS ,ELEVATIONS 9808
2402 ,SECTIONS ) OF SUBSTATION
B224-110-81-41- C SCOPE DRAWING FOR VGO-HDT 9809
04551
B224-110-81-41- B P&ID OWS CRWS PUMP & SUMP FOR VGO-HDT 9810
30201
TOPO 01 0 TOPOGRAPHICAL SURVEY DRAWING 01 9811
B224-110-16-50- B SINGLE LINE DIAGRAM 9812
00001
B224-110-16-50-SK- A SKETCHES- Scope Division ECS 9813
4001
B224-110-16-50-SK- A SKETCHES-Block Diagram for relay LAN & SAS 9814
4504
B224-110-16-51- B LIST OF DRAWINGS (INSTRUMENTATION) 9815
7210
B224-110-16-43-LL- A LIST OF STANDARD SPECIFICATIONS (PIPING) EPCC-10 9900
0002
6-44-0007 4 Standard specification for steam tracing. 9903
6-44-0007-A1 4 Annexure-1 Steam Tracing (typical diagrams) 9912
6-44-0007-A2 2 Annexure-2 Steam Tracing (typical diagrams) 9920
6-44-0012 4 Standard specification for fabrication and erection of piping 9928
6-44-0013 5 Standard specification for inspection, flushing and testing of piping 9943
systems.
6-44-0078 1 Standard specification for jacketed piping systems 9952
6-76-0002 2 Standard specification for application of torque and hydraulic bolt 9972
tension for flange joints
6-81-0001 3 Standard specification for positive material identification (PMI) at 10005
supplier's works
6-82-0002 4 Standard specification for positive material identification (PMI) at 10013
construction sites

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Table of Contents
Document Number Rev. Document Title Page
Number
6-77-0001 4 Welding specification for fabrication of piping. 10023
6-44-0051 6 Technical notes for pipes. 10063
6-44-0052 7 Technical notes for valves. 10073
6-44-0053 6 Technical notes for flanges, spectacle blinds and drip rings. 10093
6-44-0054 6 Technical notes for butt welded, socket welded and screwed 10100
fittings.
6-44-0056 5 Technical notes for gaskets. 10109
6-44-0057 5 Technical notes for bolts and nuts. 10114
6-44-0064 2 Technical notes for hoses & hose couplings 10119
6-44-0066 2 Technical notes for steam and air traps 10125
6-44-0067 1 Technical notes for strainers 10132
6-44-0063 2 Standard Specification for clad pipes for refinery application 10141
6-81-0002 5 ITP for welded pipes 10166
6-81-0003 5 ITP for seamless pipes 10172
6-81-0004 6 ITP for valves 10178
6-81-0005 7 ITP for forged, seamless & welded fittings. 10185
6-81-0006 5 ITP for flanges, spectacle blinds & drip rings 10191
6-81-0007 4 ITP for bolting material 10197
6-81-0008 4 ITP for gaskets 10203
6-81-0133 3 ITP for strainers 10208
6-81-0134 3 ITP for steam traps 10213
6-81-0135 3 ITP for hose pipe and coupling 10218
6-81-0131 3 ITP for clad piping 10223
B224-110-80-43- A LIST OF STANDARD SPECIFICATIONS 10228
LSP-7210
6-24-0003 5 Standard specification for basket filter. 10239
6-24-0004 5 Standard specification for cartridge filter. 10248
6-24-0006 5 Standard specification for filter separator/coalescer. 10257
6-36-0002 4 Standard specification for ventilation / pressurisation system. 10266
6-36-0007 3 Standard specification for vapour absorption refrigeration package 10277
6-36-0015 0 Standard specification for PSA hydrogen package 10286
6-48-0002 6 Standard specification for E.O.T. crane. 10297
6-48-0003 4 Standard specification for H.O.T. crane. 10311
6-61-0014 4 Standard specification for electric wire rope hoist. 10320
6-61-0015 5 Standard specification for chain pulley block. 10328
6-61-0017 0 Standard specification for air conditioning system 10334
6-81-0029 3 ITP for basket filter 10367
6-81-0030 3 ITP for cartridge filter 10373
6-81-0031 3 ITP for filter separator/coalescer 10380
6-81-0032 3 ITP for EOT crane 10386
6-81-0035 3 ITP for chain pulley block/winch 10392
6-81-0136 1 ITP for HOT crane 10397
6-81-0142 1 ITP for electric hoist 10402
6-81-0154 0 Inspection & test plan for air conditioning package 10408
7-76-0103 1 Instructions to vendor for site performance guarantee 10419
requirements for package units
6-41-0006 3 Standard specification for centrifugal pumps (special purpose 10426
process service).
6-41-0002 4 Standard specification for centrifugal pumps (general purpose ). 10446
6-41-0003 4 Standard specification for centrifugal pumps (Water service). 10471

Page 10 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
6-41-0020 3 Standard specification for positive displacement pumps - 10492
reciprocating
6-41-0021 4 Standard specification for positive displacement pumps - 10503
controlled volume.
6-41-0022 4 Standard specification for positive displacement pumps - rotary. 10511
6-41-0301 0 Standard specification for dosing packages (skid mounted) 10522
6-41-0203 1 Standard specification for positive displacement pumps - 10547
controlled volume (offshore application)
6-42-0005 2 Standard specification for axial & centrifugal compressors and 10556
expander-compressors
6-43-0040 2 Standard specification for diesel engine and DG set. 10592
6-42-0002 4 Standard specification for centrifugal fans. 10612
6-42-0003 3 Standard specification for induced draft/forced draft fans. 10630
6-42-0011 6 Standard specification for reciprocating compressors. 10653
6-42-0012 2 Standard specification for diaphragm type positive displacement 10679
compressors.
6-42-0015 5 Standard specification for rotary type positive displacement 10699
compressors.
6-43-0042 3 Standard specification for general-purpose steam turbines. 10717
6-43-0043 2 Standard specification for special purpose steam turbines. 10725
6-42-0010 4 Standard specification for reciprocating compressor (utility air & 10740
instrument air service)
6-76-0001 3 Standard Specification for Erection of Equipment & Machinery 10767
7-44-0321 1 Standard for orientation of seal pot & auxiliary connections of 10789
centrifugal pumps
6-81-0024 3 ITP for pump centrifugal horizontal (special purpose process) 10790
6-81-0052 3 ITP for pump reciprocating (controlled volume) 10798
6-81-0054 3 ITP for induced draft fan & forced draft fan 10805
6-81-0147 1 ITP for reciprocating compressor 10810
6-12-0001 6 General specification for pressure vessels. 10816
6-12-0002 8 Supplementary specification for carbon steel vessels. 10831
6-12-0003 5 Supplementary specification for low alloy steel vessels. 10838
6-12-0006 6 Supplementary specification for austenitic stainless steel vessels. 10845
6-12-0011 8 Standard specification for boiler quality carbon steel plates. 10852
6-12-0014 6 Standard specification for weldable structural quality steel plates 10859
for tanks and vessels
6-12-0020 8 Standard specification for stainless steel plates. 10864
6-12-0030 8 Standard specification for pressure vessels for package items. 10869
6-15-0001 5 General specification for heat exchangers. 10888
6-15-0003 4 Standard specification for welded tube to tubesheet joints. 10909
6-15-0004 4 Standard specification for expanded tube to tubesheet joints. 10918
6-15-0006 5 Standard specification for U - tubes. 10925
6-15-0021 5 Standard specification for vendor-designed shell and tube heat 10931
exchangers.
6-15-0071 5 General specification for air cooled heat exchangers. 10944
6-15-0072 3 Standard specification for fibre reinforced plastic fans used in air 10968
cooled heat exchangers
6-79-0015 1 Specification for duplex stainless steel and super duplex stainless 10976
steel
6-79-0016 1 Specification for welding of duplex stainless steel and super 10988
duplex stainless steel
6-14-0003 5 Installation procedure for trays and tower internals. 10999

Page 11 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
6-14-0007 4 Specification for fabrication of support ring & b/bar for trays & 11015
tower internals.
6-14-0008 6 Standards specification for tray & tower Internals. 11021
6-14-0009 4 Packing, marking & shipping specifications for tray and tower 11033
internals.
6-14-0011 5 Standard specification for packing the column. 11039
6-14-0012 6 Fabrication, inspection and packing procedure for random tower 11046
packings.
6-14-0013 5 Inspection and performance test procedure for spray nozzles. 11051
6-14-0015 3 Standard specification for trays and tower internals (un- 11061
engineered).
6-14-0016 4 Specification for review of site installation of column internals 11086
6-14-0017 3 General specification for wire mesh demisters 11102
6-14-0018 2 Specification for preparation of TSR/BB/GA drawings of trays 11108
6-15-0091 3 Standard specification for hardness requirement of static 11122
equipments (pressure vessels, heat exchanger).
6-81-0009 3 ITP for heat exchangers 11127
6-81-0010 3 ITP for air cooled heat exchanger 11134
6-81-0011 3 ITP for pressure vessels / columns carbon steel. 11142
6-81-0012 3 ITP for pressure vessels/ columns/ reactors low alloy steel 11149
6-81-0013 3 ITP for SS clad pressure vessels/ columns/ reactors 11157
6-81-0014 3 ITP for stainless steel pressure vessels/ columns 11164
6-81-0015 2 ITP for Trays & Tower Internals 11171
6-81-0016 2 ITP for Tower Packagings 11177
6-81-0017 2 ITP for un-engineered Trays & Tower Internals 11182
6-81-0113 4 ITP for spray nozzles. 11188
6-81-0061 3 ITP for ejectors. 11192
6-81-0060 3 ITP for wire mesh demisters. 11198
6-82-0001 8 Standard specification for health, safety & environment (HSE) 11203
management at construction sites
B224-110-17-44-LL- A LIST OF ATTACHMENT FOR SPECIFICATION 11305
5002
6-66-0004 1 Standard specification for portable fire extinguisher 11308
6-66-0011 4 Standard specification for rubber lined or rubberized fabric lined 11313
woven jacketed fire fighting delivery hose
6-66-0012 4 Standard specification for standard post type fire hydrant (with or 11317
without pumper connection)
6-66-0018 4 Standard specification for first aid hose reel 11323
6-66-0027 5 Standard specification for water cum foam monitor single barrel 11327
type (fixed & variable flow)
6-66-0035 4 Standard specification for landing valve. 11333
6-66-0038 4 Standard specification for safety shower and eye wash. 11337
6-66-0042 3 Standard specification for remote operated foam / water monitor 11342
tower / grade mounted
6-66-0046 3 Standard specification for water spray nozzle for cooling. 11350
6-66-0047 4 Standard specification for hose cabinet. 11356
6-66-0048 3 Standard specification for deluge valve (with hydraulic detection 11361
system).
6-66-0050 2 Standard specification for Clean Agent System 11368
6-66-0061 4 Standard specification for 50 kg. & 75 kg. capacity dry chemical 11386
powder extinguisher.
6-52-0006 4 Std. specification for restriction orifice plate 11391

Page 12 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
3-78-0004 1 Format for completeness of final documentation 11397
6-81-2006 3 ITP for restriction orifice plates 11398
6-81-2034 2 ITP for solenoid valves 11403
B224-110-81-41-LL- B LIST OF STD. SPEC. (STRL,UG CIVIL, ARCH) 11408
0002
6-68-0005 5 Standard specification civil & structural works reinforced cement 11411
concrete for liquid retaining structures.
6-68-0016 1 Standard specification civil & structural works concrete block 11419
masonry
6-68-0017 0 Standard specification - civil & structural works - bipolar concrete 11428
penetrating corrosion inhibiting admixture
6-68-0019 1 Standard specification civil & structural works self compacting 11442
concrete (SCC)
6-68-0021 0 Standard specification civil - structural lump-sum turn-key works 11474
(LSTK works) general requirements
6-68-0022 1 Standard specification civil - structural lump-sum turn-key works 11504
(LSTK works) material & construction
6-68-0033 7 Standard specification civil & structural works passive fire proofing 11518
of steel structures (hydrocarbon pool fire).
6-68-0062 3 Standard specification civil & structural works vacuum dewatering 11534
concrete system
6-65-0006 4 Standard specification for earthwork for underground piping. 11541
6-65-0014 1 Standard specification for roads and flexible pavements (upto 11548
WMM layer)
6-65-0016 3 Standard specification for classification of soil for Earth Work in 11559
site grading
6-65-0016 4 Standard specification for classification of soil for Earth Work in 11565
site grading
6-65-0019 3 Standard specification for concrete pavement. 11571
6-65-0020 3 Standard specification for flexible pavements with bitumen premix 11581
carpet.
6-65-0021 4 Standard specification for pipe culverts & ERC / IRC crossing. 11590
6-65-0024 4 Standard specification for gravel filling. 11595
6-65-0027 5 Standard specification for underground and above ground G.I. 11600
pipeline system (water services)
6-65-0030 5 Standard specification for fabrication and Laying of Underground 11605
piping.
6-65-0035 3 Standard specification for misc. civil & structural works for U/G 11616
piping & other civil works
6-65-0036 4 Standard specification for underground C.I. piping system. 11623
6-65-0042 4 Standard specification for underground sewer system pre cast 11631
RCC pipes.
6-65-0044 4 Standard specification for underground sewer system - HDPE 11638
pipes.
6-65-0053 4 Standard specification for plumbing & building drainage. 11645
6-65-0061 4 Standard specification for acid/alkali proof lining with bitumen 11653
mastic.
6-65-0062 5 Standard Specification for acid proof tile lining. 11658
6-65-0066 3 Standard specification for general civil works (package unit). 11664
B224-110-16-50-LL- A LIST OF ATTACHMENTS 11677
01
6-51-0001 7 Specification for HV switchboards. 11680
6-51-0006 5 Specification for flameproof control stations. 11696
6-51-0008 5 Specification for flameproof lighting and power panels 11703

Page 13 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
6-51-0012 4 Specification for MV switchboards fixed type for package 11710
equipment
6-51-0014 5 Specification for industrial type control stations. 11718
6-51-0017 7 Specification for UPS system. 11724
6-51-0018 5 Specification for M.V. Switchboard. 11744
6-51-0019 5 Specification for battery charger. 11761
6-51-0020 6 Specification for H.V. capacitor bank 11775
6-51-0021 5 Specification for flameproof plugs, sockets & hand lamps. 11788
6-51-0031 6 Specification for high voltage induction motors. 11795
6-51-0033 5 Specification for high voltage synchronous motors. 11812
6-51-0036 0 Specification for soft starters for motors 11830
6-51-0037 0 Specification for skin effect heat tracing system 11843
6-51-0038 2 Specification for MV variable frequency drive system 11850
6-51-0041 6 Specification for oil filled transformers. 11865
6-51-0042 5 Specification for dry type lighting transformer. 11882
6-51-0043 7 Specification for neutral grounding resistor. 11889
6-51-0044 5 Specification for dry type distribution transformers 11896
6-51-0047 3 Specification for stationary nickel cadmium batteries 11903
6-51-0048 3 Specification for stationary valve regulated lead acid batteries 11909
6-51-0049 1 Specification for small MV variable frequency drive system 11916
6-51-0050 2 Specification for HV variable frequency drive system 11929
6-51-0051 8 Specification for medium and high voltage cables & accessories. 11945
6-51-0052 6 Specification for communication and fire alarm cables. 11955
6-51-0054 4 Specification for MV and HV bus duct 11965
6-51-0055 2 Specification for numerical relays & substation automation system 11972
6-51-0059 1 Specification for electrics of heaters 11987
6-51-0061 5 Specification for hazardous area light fixtures and junction boxes 11997
6-51-0064 1 Specification for energy efficient medium voltage induction motors 12004
6-51-0066 0 Specification for extra high voltage gas insulated switchgear 12016
6-51-0067 1 Specification for extra high voltage cables & accessories 12042
6-51-0072 6 Specification for plant communication system. 12055
6-51-0076 5 Specification for fire detection and alarm system. 12065
6-51-0080 1 Specification for electrical control system 12091
6-51-0081 4 Specification for electrical equipment installation. 12122
6-51-0082 5 Specification for cable installation. 12137
6-51-0083 5 Specification for lighting installation. 12148
6-51-0084 4 Specifications for earthing installation. 12161
6-51-0087 3 Specification for field inspection, testing and commissioning of 12168
electrical installations
6-51-0091 4 Specification for electrical motor operated valve actuators. 12176
6-51-0094 4 Specification for electrics for E.O.T. crane. 12186
6-51-0095 4 Specification for electric surface heating system. 12200
6-51-0099 6 Design philosophy for electrical facilities. 12213
6-81-0037 4 ITP for pump centrifugal horizontal (general purpose process) 12239
6-81-0038 4 ITP for pump centrifugal horizontal (general water service) 12246
6-81-0040 3 ITP for pump centrifugal vertical (general purpose process) 12253
6-81-0042 4 ITP for pump centrifugal vertical (general water service) 12260
6-81-0046 4 ITP for pump centrifugal horizontal and vertical (fire water service) 12267
6-81-0047 4 ITP for pump centrifugal multistage (special purpose process) 12274

Page 14 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
6-81-0048 4 ITP for centrifugal pumps (high speed integrally geared) 12282
6-81-0050 3 ITP for pump rotary screw type 12289
6-81-0051 3 ITP for pump rotary gear type 12295
6-81-1001 3 ITP for HV switchboards 12301
6-81-0053 3 ITP for pump reciprocating (plunger/piston) 12308
6-81-0056 3 ITP for diesel engine 12314
6-81-0057 3 ITP for steam turbine (general purpose) 12319
6-81-0058 3 ITP for steam turbine (special purpose) 12324
6-81-0059 2 ITP for diesel generating set 12329
6-81-0146 1 ITP for centrifugal compressor 12334
6-81-1006 3 ITP for flameproof control stations 12340
6-81-1008 2 ITP for flameproof lighting and power panels 12345
6-81-1012 2 ITP for MV fixed type switch board for package equipment 12350
6-81-1014 3 ITP for industrial type control stations 12356
6-81-1017 3 ITP for UPS system 12360
6-81-1018 3 ITP for MV switchboards 12366
6-81-1019 3 ITP for battery chargers 12373
6-81-1020 3 ITP for high voltage capacitor banks 12380
6-81-1021 2 ITP for flameproof plugs, sockets and hand lamps 12386
6-81-1031 3 ITP for HV induction motors 12391
6-81-1032 5 ITP for MV motors 12397
6-81-1033 3 ITP for HV synchronous motors 12403
6-81-1038 2 ITP for MV variable frequency drive system 12410
6-81-1041 3 ITP for oil filled transformers 12417
6-81-1042 2 ITP for dry type lighting transformer 12423
6-81-1043 3 ITP for neutral grounding resistor 12428
6-81-1044 2 ITP for dry type distribution transformer 12433
6-81-1047 2 ITP for stationary nickel - cadmium battery 12438
6-81-1048 2 ITP for stationary valve regulated lead acid battery 12443
6-81-1050 2 ITP for HV variable frequency drive system 12448
6-81-1051 3 ITP for MV & HV cables & accessories 12454
6-81-1052 3 ITP for communication & fire alarm cables 12460
6-81-1054 2 ITP for MV and HV bus duct 12467
6-81-1055 2 ITP for numerical relays 12471
6-81-1061 3 ITP for hazardous area lighting fixture & junction boxes 12478
6-81-1066 0 Inspection and test plan for EHV gas insulated switchboards (GIS) 12484
6-81-1067 0 Inspection and test plan for extra high voltage cables & 12494
accessories
6-81-1072 3 ITP for plant communication system 12501
6-81-1076 3 ITP for fire detection & alarm system 12508
6-81-1091 2 ITP for electrical motor operated valve actuators 12515
6-81-1097 0 Inspection and test plan for electrical heat tracer 12521
B224-110-16-51-SP- B LIST OF STANDARD SPECIFICATIONS (INSTRUMENTATION) 12527
02
B224-110-80-45- 0 LIST OF STANDARD SPECIFICATIONS 12918
MDX-0002
6-17-0001 5 Standard specification for execution of fired heaters and aph 12920
systems
6-17-0002 5 Standard specification of steel works for fired heaters and aph 12933
systems.

Page 15 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
6-17-0003 5 Standard specification of coil work for fired heaters. 12945
6-17-0005 5 Standard specification of finned tubes for fired heaters. 12964
6-17-0007 5 Standard specification of tube support castings for fired heaters. 12973
6-17-0009 5 Standard specification for natural draft burners for fired heaters. 12981
6-17-0013 0 Standard specification for design and supply of dampers / shut off 12999
blades
6-17-0018 0 Standard specification for heater system leakage testing through 13016
smoke generation
6-17-0020 1 Standard specification for miscellaneous refractory and auxiliary 13022
material used in fired heaters.
6-79-0003 2 Standard specifications for fire bricks. 13029
6-79-0005 3 Standard specification for ceramic fibre blankets 13035
6-79-0008 3 Standard specification for insulating castables. 13041
6-81-0114 2 ITP for burners for fired heaters. 13047
6-82-5000 0 Inspection & test plan (ITP) (heater packages) 13052
B224-110-16-43-LL- A LIST OF ENGINEERING/INSTALLATION STANDARDS (PIPING) 13096
0003 EPCC-10
7-44-0033 5 Details of mitered elbow. 13098
7-44-0162 4 Standard for spacers & blinds > 26"(150#,300# & 600# FF to B 13100
16.47 series B).
7-44-0300 5 Temporary strainer RF (all ratings), FF 125# - 300#. 13103
7-44-0302 5 T-strainer type- 3 2"-24"(150# RF, 300# RF & RTJ, 600# RF & 13104
RTJ)
7-44-0303 6 T-strainer type-1 2"-4" (150CL RF, 300CL RF & RTJ, 600CL RF & 13105
RTJ)
7-44-0304 6 `T' strainer type-1 6" to 24" ( 150# RF, 300# RF & RTJ, 600# RF 13106
& RTJ)
7-44-0305 5 T-strainer type-2 2"-24" (150# RF, 300# RF & RTJ, 600# RF and 13107
RTJ)
7-44-0350 4 Vent & drains (on lines 1 1/2" & below). 13108
7-44-0351 4 Vents and drains (on lines 2 and above). 13109
7-44-0352 4 Orientation of orifice taps (class 600 & below. 13110
7-44-0353 4 Wells installation 1 1/2" dia taps (up to class 600). 13112
7-44-0354 4 Pressure tappings (PA, PG, PC, PT, PIC etc). 13114
7-44-0401 4 Utility hose station. 13115
7-44-0403 4 Drip leg for steam lines. 13116
7-44-0476 5 Welding of pipe with different thickness. 13117
7-44-0477 4 Butt welding end preparation. 13118
7-44-0478 4 Fillet weld details. 13119
7-44-0479 4 Welding details for branch connections (not breaking into). 13120
7-44-0480 5 Butt weld details (dimensions). 13121
7-44-0481 5 Butt weld details (sequence of welds). 13122
7-44-0482 5 Welding detail for branch connections (stub in). 13123
7-44-0483 4 Branch connection (breaking into). 13124
7-44-0484 4 Branch connection (not breaking into). 13125
7-44-0485 5 Method of cutting and dimensions of field manufactured concentric 13126
reducers.
7-44-0486 5 Tolerances for fabrication. 13127
7-44-0487 5 Method of cutting & dimensions of field manufactured eccentric 13128
reducers.
7-44-0501 3 Clearances 13129
7-44-0502 3 Accessibility for valves and instruments 13132

Page 16 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
7-44-0503 3 Valve accessibility and clearances 13133
7-44-0504 3 Clearance requirements for orifice flange instrument piping 13134
7-44-0506 3 Table of basic span 13137
7-44-0507 3 Maximum spacing of guides for vertical and horizontal pipes 13138
7-44-0404 4 Pipe sleeves details for insulated lines under roads & dykes 13139
7-12-0001 6 Vessel tolerances. 13140
7-12-0002 6 Support for horizontal vessel 13142
7-12-0003 6 Wooden pillows for saddle support. 13143
7-12-0004 7 Skirt base details. 13144
7-12-0005 6 Skirt opening details. 13145
7-12-0006 6 Angle leg support. 13147
7-12-0007 6 Pipe leg support. 13149
7-12-0008 6 Bracket support for vertical vessel. 13150
7-12-0009 7 Manhole with hinged cover. 13151
7-12-0010 7 Manhole with davit. 13153
7-12-0011 6 Ladder rungs for manhole/demister. 13155
7-12-0012 6 Retaining plate. 13156
7-12-0013 6 Nozzle reinforcement and projection. 13157
7-12-0015 6 Standard bolt hole orientation. 13159
7-12-0016 6 Alloy liner details. 13160
7-12-0017 6 Sight glasses for pressure vessels. 13162
7-12-0018 6 Internal flanges. 13164
7-12-0021 6 Support ring & bolting bar. 13165
7-12-0022 6 Support ring sizes for packed tower's interns. 13166
7-12-0023 7 Pipe davit. 13167
7-12-0024 8 Lifting lug top head type (for vertical vessels / columns). 13170
7-12-0025 6 Fire proofing & insulation supports. 13171
7-12-0026 6 Earthing lug. 13173
7-12-0027 6 Name plate. 13174
7-12-0028 6 Manufacturer name plate. 13175
7-12-0029 6 Bracket for name plate. 13176
7-12-0030 5 Name plate for small equipment. 13177
7-12-0031 5 Details of forged nozzles. 13178
7-12-0032 5 Supports for internal feed pipe. 13179
7-12-0033 5 Hot insulation supports for horizontal vessel. 13181
7-12-0034 5 Pipe davit support detail for cold insulated vessels. 13182
7-12-0036 4 Typical details of wire mesh demister and its supports (for vessels 13183
and columns).
7-12-0037 4 S.R. nozzle neck. 13187
7-12-0038 0 Allowable nozzle loads 13188
7-14-0001 4 Construction tolerance for welded supports for tray/ tower internals 13192
7-14-0005 4 Details of beam ends and beam end sealing for trays. 13193
7-14-0012 4 Details of 2thk and 3thk SS 410S clamps assembly. 13195
7-14-0013 4 Detail of 2thk and 3thk SS/CS Clamp Assembly (excluding 410S 13196
material)
7-14-0112 3 Details of integral beam. 13197
7-14-0113 3 Details of integral beam with interrupter bar. 13200
7-14-0114 3 Details of integral beam with interrupter angle. 13203
7-14-0115 5 Details of integral beam. 13206

Page 17 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
7-14-0116 5 Details of integral beam (seal pan / recess seal pan). 13207
7-14-0117 5 Details of integral beam. 13208
7-14-0118 5 Details of integral beam & interrupter plate. 13209
7-14-0119 5 Details of integral beam with interrupter angle. 13210
7-14-0120 4 Details of inlet weir. 13211
7-14-0121 4 Details of integral beam with inlet weir angle. 13213
7-14-0122 4 Details of integral beam with inlet weir angle. 13214
7-14-0125 4 Details of integral beam with inlet weir plate. 13215
7-14-0128 3 Details of integral beam with inlet weir angle. 13216
7-14-0129 3 Details of integral beam with inlet weir angle. 13218
7-14-0130 3 Details of integral beam with inlet weir plate. 13220
7-14-0132 5 Details of valve pitch (MR2/MR6 valves) 13222
7-14-0136 5 Details of stud / pin welding. 13223
7-14-0138 4 Details of inlet weir sealing arrangement. 13224
7-14-0140 4 Details of rectangular washer for clamps. 13225
7-14-0142 4 Details of drain holes. 13226
7-14-0143 4 Details of downcomer bracket and spacer. 13227
7-14-0144 4 Details of joints for downcomers. 13228
7-14-0145 4 Details of deck plate stiffener. 13229
7-14-0151 3 Details of loose beam. 13230
7-14-0152 3 Details of loose beam with interrupter bar. 13232
7-14-0153 2 Details of loose beam with interrupter angle. 13234
7-14-0154 3 Details of loose beam with inlet weir angle. 13236
7-14-0155 3 Details of loose beam with inlet weir angle. 13239
7-14-0156 3 Details of loose beam with inlet weir plate. 13241
7-14-0161 4 Details of exit weir adjustability. 13243
7-14-0162 3 Details of exit weir blocking. 13244
7-14-0164 3 Details of vapour equalizer. 13245
7-14-0165 3 Details of side seal pan/recess seal pan. 13246
7-14-0166 3 Details of center seal pan/recess seal pan. 13250
7-14-0167 4 Details of side seal pan. 13253
7-15-0001 4 Part details (shell & tube exchangers). 13254
7-15-0002 4 Types of non standard gaskets (shell & tube exchangers) 13256
7-15-0003 4 Support for vertical exchangers (shell & tube exchangers) 13259
7-15-0004 4 Support for horizontal exchangers (Shell & Tube Exchangers) 13260
7-15-0005 4 Support for horizontal stack units (shell & tube exchangers) 13262
7-15-0006 4 Tube hole preparation and roller expanding (shell & tube 13264
exchangers & air cooled heat exchangers)
7-15-0007 4 Sliding & deflector strips to tube sheet welding details (shell & tube 13265
exchangers)
7-15-0008 4 Eye bolt detail (shell & tube exchangers) 13266
7-15-0009 4 Method of fastening nuts to the tie rods (shell & tube exchangers) 13267
7-15-0010 4 Jack screw tapping and arrangement (shell & tube exchangers) 13268
7-15-0011 4 Fixing detail of dowel pins (shell & tube exchangers) 13269
7-15-0012 4 Couplings and plugs (shell & tube exchangers) 13270
7-15-0013 4 Lifting lug detail (shell & tube exchangers) 13272
7-15-0014 4 Davit for shell & channel cover (shell & tube exchangers) 13273
7-15-0016 5 Earthig Lug (Shell & Tube Exchangers) 13276
7-15-0017 4 Name plate (shell & tube exchangers) 13277

Page 18 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
7-15-0018 4 Warning plate (shell & tube exchangers) 13278
7-15-0019 4 Tolerances (shell & tube exchangers) 13280
7-15-0101 4 Half tube supports (air cooled heat exchangers) 13283
7-15-0103 4 Flanged header and cover plate detail (aircooled heat exchangers) 13284
7-15-0104 4 Tapped header and cover plate detail (aircooled heat exchangers) 13285
7-15-0105 4 Frame standard stationary header fixing (aircooled heat 13286
exchangers)
7-15-0106 4 Frame end top (aircooled heat exchangers) 13287
7-15-0107 4 Frame standard tube support top (aircooled heat exchangers) 13288
7-15-0108 4 Frame standard floating header support (aircooled heat 13289
exchangers)
7-15-0109 4 Frame bracing detail (aircooled heat exchangers) 13290
7-15-0110 4 Tube supprot bottom beam detail (aircooled heat exchangers) 13291
7-15-0111 4 Tube access plug (aircooled heat exchangers) 13292
7-15-0113 4 Jack screws (cover type header) (aircooled heat exchangers) 13293
7-15-0114 4 Lifting lug for cover plate (aircooled heat exchangers) 13294
7-15-0115 3 Frame standard lifting lug (for air coolers) 13295
7-15-0116 4 Fabrication tolerances (aircooled heat exchangers) 13296
7-15-0117 3 Name plate (for air coolers) 13299
7-15-0118 4 Tolerances and notes for gaskets (aircooled heat exchangers) 13300
7-15-0121 4 Tube bundle frame detail (equal tubes in each row) (aircooled heat 13301
exchangers)
7-15-0122 4 Tube bundle frame detail with spacer (aircooled heat exchangers) 13302
7-15-0123 4 Tube bundle frame detail (unequal tubes in row) (aircooled heat 13303
exchangers)
7-15-0142 4 Stiffening strips for nozzles less than 3¿NB (aircooled heat 13304
exchangers)
B224-110-17-44-LL- A LIST OF ATTACHMENT FOR STANDARD 13305
5003
7-65-0222 5 Valve pit type-III for ø 8¿ to ø 16¿ 13307
7-65-0223 5 Valve pit type-IV for ø 16¿ ¿ to ¿ ø 24¿ 13308
7-65-0407 7 Concrete sliding sleepers cast-in-situ Type - II. 13309
B224-110-81-41-LL- B LIST OF INSTALLATION STD. (STRL,UG CIVIL, ARCH) 13310
0003
7-75-0002 5 Skirting detail (with brick wall). 13315
7-75-0003 5 Skirting detail (with RCC column). 13316
7-75-0004 5 Dado detail (with brick wall and RCC col.) 13317
7-75-0006 5 Steel door hollow type single shutter. 13318
7-75-0007 5 Steel door hollow type double shutter. 13319
7-75-0011 5 Wooden flush door (with pressed steel frame). 13320
7-75-0012 5 Wooden flush door (with wooden frame). 13321
7-75-0013 5 Wooden glazed door double shutter. 13322
7-75-0014 5 Glazed aluminium door. 13323
7-75-0015 5 Glazed aluminium window. 13324
7-75-0016 1 Aluminium sliding window (2 track type) 13325
7-75-0017 1 Aluminium sliding window (3 track type) 13326
7-75-0025 5 Steel wire-mesh window. 13327
7-75-0027 5 Steel windows / ventilators general specifications. 13328
7-75-0028 5 Steel windows / ventilators use of sections. 13329
7-75-0029 5 Steel windows section details. 13330
7-75-0031 5 Steel windows / ventilator (with louvers). 13331

Page 19 of 13748
Click on the Document Title to go to that section of the document

Table of Contents
Document Number Rev. Document Title Page
Number
7-75-0032 5 Steel windows fittings and fixtures. 13332
7-75-0036 6 Pipe handrail with square up right type. 13333
7-75-0041 5 False ceiling details with aluminium grid. 13334
7-75-0042 5 Aluminium panel false ceiling (84C system). 13335
7-75-0043 5 Aluminium panel false ceiling (tray type). 13336
7-75-0049 1 False flooring 13338
7-75-0051 5 Transformer gate details (upto 6000mm. width) 13341
7-75-0052 4 Transformer gate details (beyond 6000mm. width) 13343
7-75-0054 5 Steel gate (for entrances upto 6.0m width). 13344
7-75-0060 5 Orissa pan W.C. (fixing detail). 13346
7-75-0062 5 European type W.C. (fixing detail). 13348
7-75-0063 5 Urinal fixing detail. 13350
7-75-0064 5 Wash basin fixing detail. 13351
7-75-0065 5 Plinth protection (with building drain) 13353
7-75-0066 5 Wooden panel door (toilet door). 13355
7-75-0068 5 Roof drainage and water proofing. 13356
7-75-0070 5 Steel door (pressed steel) single shutter. 13359
7-75-0071 5 Steel door (pressed steel) double shutter. 13360
7-75-0091 1 Metal sheet (flashing detail) 13361
7-75-0093 0 Stainless steel tubular handrail 13363
7-75-0095 0 Toilet Cubicles Details 13367
7-75-0096 0 Toilet for differently abled persons 13368
7-68-0056 7 Metal insert plates. 13369
7-68-0417 7 MS anchor bolt assemblies 13376
7-68-0501 7 Handrails 13383
7-68-0505 1 Spiral staircase 13391
7-68-0506 6 Steel stairs 13393
7-68-0507 7 Details of steel ladder 13399
7-68-0631 5 Liquid retaining structure concrete joints 13402
7-68-0697 4 Electroforged grating type-I & type-II 13407
7-68-0552 7 Circular platform for hot vessels 13415
7-68-0553 7 Details of brackets of circular platforms for hot vessels 13423
7-68-0555 7 Circular platform for cold vessels 13428
7-68-0556 6 Details of brackets of circular platforms for cold vessels 13433
7-65-0001 4 Abbreviations, legends and equipment symbols. 13436
7-65-0006 4 Cable crossings under road (PVC pipes). 13440
7-65-0008 4 Pipe sleeve details 13441
7-65-0010 5 Road curves and crossing. 13442
7-65-0103 4 Pipe culvert for storm water drainage. 13443
7-65-0104 5 Box culvert type I, II, III and IV. 13445
7-65-0206 4 Grating detail for catch basin (for both steel & galvanized material). 13446
7-65-0207 3 Valve pit (RCC) type-V for dia 2" to ¿ dia 6" valve 13447
7-65-0208 3 Valve pit (RCC) type-VI for Ø 8" >= to <= Ø 16" valve 13448
7-65-0209 3 Valve pit (RCC) type-VII for ø 16¿ ¿ to ¿ ø 24¿ dia valve 13449
7-65-0211 4 Details of rungs for manholes, valve pits, tanks, etc. 13450
7-65-0212 4 Standard miscellaneous details for manholes. 13451
7-65-0213 5 Conc. bedding and encasement for pipes. 13452
7-65-0214 5 Gully trap chamber. 13453
7-65-0215 4 Inspection chamber. 13454

Page 20 of 13748
Click on the Document Title to go to that section of the document

Table of Contents
Document Number Rev. Document Title Page
Number
7-65-0216 5 Septic tank type I, II, III & IV 13455
7-65-0217 5 Details of soak pit. 13456
7-65-0219 4 Vents for manholes. 13457
7-65-0220 5 Valve pit type-1 for dia. < 3¿". 13458
7-65-0221 5 Valve pit type-II for ø 4¿ to ø 6¿ valve 13459
7-65-0224 2 Chequered plate details (for masonry valve pit type-I, type-II, type- 13460
III & type-IV)
7-65-0230 4 Typical detail of bend pipe for manholes. 13461
7-65-0256 5 Manhole type-6 for depth <= 3m, (ø <= 800). 13462
7-65-0257 5 Manhole type-7 for depth <= 3m, (ø <= 800). 13463
7-65-0258 5 Manhole type-8 for depth < 5m for pipe ø < 1000 13464
7-65-0259 5 Manhole type-9 for depth ¿ 3m (ø ¿ 1000) 13465
7-65-0260 5 Manhole type-10 for depth < 3m for pipe ø < 500 13466
7-65-0261 5 Manhole type-11for depth < 5m for pipe ø < 800 13467
7-65-0262 5 Manhole type-12 for depth < 5m for pipe ø < 1000 13468
7-65-0263 5 Manhole type-13 for depth ¿ 5m (ø ¿ 800) 13469
7-65-0264 5 Manhole type-14 for depth ¿ 3m for pipe ø ¿ 500 13470
7-65-0265 5 Unit drainage details (for catch basin type-3). 13471
7-65-0266 5 Unit drainage details (equipment drain funnels). 13472
7-65-0267 5 Unit drainage details (O.W.S manhole type-15) (for Ø ¿ 600). 13473
7-65-0268 5 Unit drainage details (for OWS / CRWS manhole type-16) (for pipe 13474
ø <= 500)
7-65-0269 5 Unit drainage details (CBD & ABD header laying detail). 13475
7-65-0270 5 Unit drainage details (clean out for C.B.D header). 13476
7-65-0271 4 Unit drainage details typ. branch connection for C.B.D./O.W.S. 13477
7-65-0272 5 Unit drainage details (rectangular ditch details). 13478
7-65-0273 5 Unit drainage details (manhole combined with double valve pits). 13479
7-65-0274 1 Clean out for OWS & SS 13480
7-65-0310 4 Detail of neutralization pit. 13481
7-65-0404 3 RCC pavement details. 13482
7-65-0412 3 Typ. detail of acid/alkali proof lining. 13483
7-65-0420 4 Installation details of fire water hydrant. 13484
7-65-0421 3 Installation details of water or water cum foam monitor, long range 13485
foam / water monitor.
6-82-2700 3 ITP for civil, structural & architectural works (EPCC / LSTK 13486
contracts)
B224-110-16-50-LL- A LIST OF ENGINEERING/INSTALLATION STANDARDS 13524
02 (ELECTRICAL)
7-51-0002 5 Symbols single line diagrams. 13528
7-51-0003 1 Symbols - SLD based on IEC & international practice 13534
7-51-0011 5 Symbols wiring diagrams. 13546
7-51-0021 5 Symbols - plans (layout drawings). 13548
7-51-0022 0 Symbols ¿ layout based on IEC & international practice 13552
7-51-0101 5 Typical earth electrode for earthing system. 13564
7-51-0102 7 Typical earth electrode in test pit. 13565
7-51-0103 6 Typical earth plate and fixing details. 13566
7-51-0104 5 Typical arrangement for earthing of motor 13567
7-51-0105 6 Typical arrangement for earthing of transformer. 13568
7-51-0106 5 Typical earth connection for push button station. 13569
7-51-0107 5 Typical earth connection for lighting pole. 13570

Page 21 of 13748
Click on the Document Title to go to that section of the document

Table of Contents
Document Number Rev. Document Title Page
Number
7-51-0108 6 Typical earthing of tanks, vessel and spheres. 13571
7-51-0109 5 Typical arrangement for earthing of overhead cable tray and 13573
electric motor.
7-51-0111 5 Typical earthing arrangement for process equipment. 13574
7-51-0112 5 Earthing/bonding of pipes and pipe racks (in hazardous area). 13575
7-51-0115 5 Fence and gate earthing (Transformer yard). 13577
7-51-0116 7 Equipment earthing schedule. 13578
7-51-0201 5 Typical installation of lighting fixture at ground level. 13579
7-51-0202 5 Typical installation of lighting fixture on platform. 13580
7-51-0203 5 Typical installation of open area flood light fixture mounted on wall 13581
or column.
7-51-0205 5 Typical installation of flood light fixtures (two) mounted on pole. 13582
7-51-0207 5 Typical installation of street lighting fixture. 13584
7-51-0208 6 Typical Marshalling box details for lighting poles. 13586
7-51-0212 5 Typical installation of fluorescent / led fixture mounting in exposed 13587
wiring system.
7-51-0213 5 Typical installation of recessed mounted fluorescent / led fixture. 13588
7-51-0214 5 Typical installation of recessed mounted or below false ceiling 13589
mounted lighting fixture.
7-51-0215 5 Typical installation of recessed mounted lighting fixture block of 13590
four.
7-51-0216 5 Typical installation of high bay lighting fixture. 13591
7-51-0217 5 Typical installation of well glass lighting fixture (safe area). 13592
7-51-0218 5 Typical installation of bulkhead lighting fixture. 13593
7-51-0219 5 Typical installation of dispersive reflector fixture. 13594
7-51-0220 5 Typical installation of aviation obstruction light. 13595
7-51-0221 5 Typical installation of hazardous area well glass / dome glass / flat 13596
glass lighting fixture.
7-51-0222 5 Typical installation of hazardous area bulk-head fixture. 13597
7-51-0223 5 Typical installation of flood light fixture. 13598
7-51-0224 5 Typical installation of weather proof light fixture. 13599
7-51-0225 5 Typical installation of flame proof lighting / power panel. 13600
7-51-0226 5 Typical installation of lighting / power panel wall (surface) 13601
mounted.
7-51-0229 5 Typical installation details of lighting fixture mounting in concealed 13602
conduit system.
7-51-0230 5 Typical installation of lighting / power panel flush mounted. 13603
7-51-0232 4 Typical installation of metsec channel and lighting fixture. 13604
7-51-0233 0 Typical Installation of Ground Level Lighting Fixture with Precast 13605
Foundation
7-51-0236 0 Typical Details of Switchboard/ Conduit for Lighting 13606
Switches/MCP/FCS in Blast Proof Wall
7-51-0301 5 Marking of trenches for electric cables. 13610
7-51-0302 5 Typical section of cable trench in unpaved areas. 13611
7-51-0303 6 Typical section of RCC cable trench. 13612
7-51-0305 5 Installation details for conduit or cable support on wall/ slab/ beam. 13613
7-51-0306 5 Installation details for control station on structural channel in paved 13614
area.
7-51-0307 5 Installation details for control station on concrete/ steel column in 13615
paved area.
7-51-0311 5 Connection details for vertical motor and control station (cable 13616
below ground).

Page 22 of 13748
Click on the Document Title to go to that section of the document

Table of Contents
Document Number Rev. Document Title Page
Number
7-51-0312 5 Connection details for horizontal motor and control station (cable 13617
below ground).
7-51-0313 5 Connection details for horizontal motor (cable below ground). 13618
7-51-0314 5 Connection details for motor and control station (cable in tray). 13619
7-51-0315 5 Installation details for socket/ receptacle mounted on wall/ column 13620
(cable below ground).
7-51-0316 5 Installation details for socket/ receptacle mounted on column 13621
(cable in tray).
7-51-0317 5 Installation details for socket/ receptacle/ control station mounted 13622
on handrail.
7-51-0321 4 Details of RCC duct above finished grade level. 13623
7-51-0322 4 Details of ERC below grade level. 13624
7-51-0323 4 Cable termination for motors (Cable dropping from overhead trays) 13625
7-51-0324 4 Cable termination for motors Cable dropping along column (for HV 13626
/ MV Motors)
7-51-0325 4 Cable termination for motors (Cable laid in trench) 13627
7-51-0326 4 Arrangement for termination of cables laid in trench (for HV/MV 13628
motors)
7-51-0332 3 Safety measures for electrical installations during construction 13629
7-51-0333 3 Details for hot dip galvanized ladder type cable trays 13631
7-51-0335 3 Typ. installation details of electrical panels on false flooring 13634
7-51-0336 3 Typ. installation details of electrical panels on cable trench 13635
7-51-0337 1 Limiting dimensions for distribution transformer upto 2500KVA 13637
7-51-0338 1 Limiting dimensions for power transformer upto 31.5MVA 13638
7-51-0701 2 Notes, legend and details for area classification (Onshore Oil/Gas 13639
installation)
7-52-0041 4 Orifice plates and flanges dimensional details. 13660
B224-110-16-51-MD- A LIST OF ENGINEERING/ INSTALLATION STANDARDS 13674
7210 (INSTRUMENTATION)
B224-110-80-45- 0 LIST OF STANDARDS 13727
MDX-0003
7-17-0473 1 Fabricated sight door assembly with glass (120x220 opening) 13729
7-17-0474 1 Fabricated sight door assembly with glass (170x270 opening) 13738
7-17-0320 5 Insulation details at sight door. 13747

Page 23 of 13748
HPCL RAJASTHAN REFINERY LIMITED (HRRL)
RAJASTHAN REFINERY PROJECT (RRP)

AT

PACHPADRA TEHSIL, BARMER DISTRICT,


RAJASTHAN, INDIA

BIDDING DOCUMENT

FOR

EPCC-10 PACKAGE
VACUUM GASOIL HYDROTREATING UNIT &
REFINERY OFFGAS PSA (VGO HDT & ROGPSA)

(BIDDING DOCUMENT NO.: AKR/B224-110-PM-T-7210/2006)

Prepared & Issued by:

Page 24 of 13748
MASTER INDEX

NAME OF WORK : EPCC-10 PACKAGE - VACUUM GASOIL


HYDROTREATING UNIT & REFINERY OFFGAS PSA
(VGO HDT & ROGPSA) FOR RAJASTHAN
REFINERY PROJECT (RRP) OF M/s HRRL

BIDDING DOCUMENT NO. : AKR/B224-110-PM-T-7210/2006

PART – I: COMMERCIAL SECTION

NO. OF
S. NO. DESCRIPTION
SHEETS
1. COVER PAGE 1
2. MASTER INDEX 2
3. INVITATION FOR BIDS (IFB) 21
4. INSTRUCTIONS TO BIDDERS (ITB) 36
i) APPENDIX – I: COMMERCIAL QUESTIONNAIRE 8
ii) APPENDIX – II: CONTENTS OF BID AND CHECK LIST 6
iii) APPENDIX – III: INTEGRITY PACT 11
iv) APPENDIX – IV: E-TENDERING METHODOLOGY 14
v) APPENDIX – V: TRC & FORM -10F 3
vi) APPENDIX – VI: POA format 2
vii) APPENDIX – VII: PREFERENCE UNDER DMI&SP POLICY 12
viii) APPENDIX – VIII: PURCHASE PREFERENCE (LINKED WITH LOCAL 25
CONTENT)
ix) APPENDIX – IX: AFFIDAVIT – INDIAN ESTABLISHMENT 2
x) APPENDIX – X: BIDDING FORMS 51
xi) APPENDIX – XI: PARENT COMPANY CORPORATE GUARANTEE 4
(PCCG) FORMAT
5. GENERAL CONDITIONS OF CONTRACT FOR WORKS CONTRACT 51
6. SPECIAL CONDITIONS OF CONTRACT (SCC) 138
i) ANNEXURE – I: TIME FOR COMPLETION 2
ii) ANNEXURE – II : LOADING AND GUARANTEES 2
iii) ANNEXURE – III : CONSTRUCTION SUB-CONTRACTOR’S APPROVAL 3
iv) ANNEXURE – IV : QUALIFICATION AND EXPERIENCE OF KEY 6
SUPERVISORY CONSTRUCTION PERSONNEL
v) ANNEXURE – V: DELETED -
vi) ANNEXURE – VI: LIST OF MAJOR TAGGED EQUIPMENTS 2
vii) ANNEXURE – VII: FREE ISSUE MATERIAL DETAILS 2
viii) ANNEXURE – VIII: DELETED -
ix) ANNEXURE – IX: WORK DURING MONSOON 3
x) J ANNEXURE – X: TERMS OF PAYMENT 12
xi) KANNEXURE – XI: DELETED -

A546_MI

Page 25 of 13748
xii) ANNEXURE – XII: DELETED -
xiii) ANNEXURE – XIII: QUALITY ASSURANCE SYSTEM 2
xiv) ANNEXURE – XIV: OISD GUIDELINES-192, OISD GUIDELINE-207 126
xv) ANNEXURE – XV: CONTRACTOR’s LABOUR REGULATIONS 6
xvi) ANNEXURE – XVI: MODEL RULES FOR LABOUR WELFARE 5
xvii) ANNEXURE – XVII: FORM OF CONTRACT 5
xviii) ANNEXURE – XIX: PRICE ADJUSTMENT FOR SLIPPAGE IN 2
COMPLETION
xix) ANNEXURE – XX: DELETED -
xx) ANNEXURE – XXI: DELETED -
xxi) ANNEXURE – XXII: DELETED -
xxii) ANNEXURE – XXIII: DELETED -
xxiii) ANNEXURE – XXIV: TAXES & DUTIES 10
xxiv) ANNEXURE – XXV: TERMS & CONDITIONS FOR POST WARRANTY 2
ANNUAL MAINTENANCE CONTRACT (PWAMC)
xxv) ANNEXURE – XXVI: LAND, POWER, WATER AND OTHER FACILITIES 6
xxvi) ANNEXURE – XXVII: CONDITIONS FOR ISSUE AND RECONCILIATION 10
OF MATERIALS
xxvii) ANNEXURE – XXVIII: PRICE REDUCTION FOR DELAY IN ACHIEVING 2
INTERMEDIATE MAJOR MILESTONE

PART – II: PRICE PART

SR. DESCRIPTION No. Of


NO. Sheets
1 Cover page 1
2 Schedule of Prices 36

PART – III: TECHNICAL SECTION

S.No. Description No. of


Sheets
1 Cover page 1
2 Technical Document (Master Index for Technical Section shall be 13117
as per Technical Part of the Bidding Document.)

A546_MI

Page 26 of 13748
HPCL RAJASTHAN REFINERY LIMITED (HRRL)
RAJASTHAN REFINERY PROJECT (RRP)

AT

PACHPADRA TEHSIL, BARMER DISTRICT,


RAJASTHAN, INDIA

BIDDING DOCUMENT

PART – I: COMMERCIAL SECTION

FOR

EPCC-10 PACKAGE
VACUUM GASOIL HYDROTREATING UNIT &
REFINERY OFFGAS PSA (VGO HDT & ROGPSA)

(BIDDING DOCUMENT NO.: AKR/B224-110-PM-T-7210/2006)

PREPARED BY:

Page 27 of 13748
INVITATION FOR BIDS (IFB)
FOR EPCC-10 PACKAGE - VACUUM GASOIL
HYDROTREATING UNIT & REFINERY OFFGAS PSA (VGO
HDT & ROGPSA) FOR RAJASTHAN REFINERY PROJECT
(RRP) OF M/s HRRL, BARMER, RAJASTHAN, INDIA
(BIDDING DOCUMENT NO.: AKR/B224-110-PM-T-7210/2006)
(INTERNATIONAL COMPETITIVE BIDDING)

1.0 INTRODUCTION:

1.1. HPCL Rajasthan Refinery Limited (Owner/HRRL) was incorporated on 18th


September, 2013, as a Joint Venture between Hindustan Petroleum Corporation (HPCL)
and Government of state of Rajasthan, India with an equity participation of 74% and 26%
respectively.

1.2. The Owner (HRRL) is implementing Rajasthan Refinery cum Petrochemical Complex
Project hereafter called as “Rajasthan Refinery Project” (RRP) having a crude
processing capacity of 9 MMTPA. The Project shall broadly comprise of the following,
but not limited to, facilities:
a) The complex primarily consists of grass root refinery comprising of CDU/VDU, MS
Block, DHDT, VGO-HDT Unit, PFCC Unit, DCU and corresponding
treating/sweetening facilities along with an integrated grass root petrochemical
complex comprising of DFCU, 2 trains of PPU, Butene-1 and two trains of
LLDPE/HDPE.
b) Utilities & Offsite facilities, Captive Power Plant and other associated facilities
c) Crude oil receipt, handling and dispatch facilities for imported crude comprising of
SPM, offshore/ onshore pipeline, Crude Oil Terminal, and pumping facilities.
d) New gas pipeline and associated facilities for transfer of Natural Gas from Cairn’s
Rageshwari field to Refinery Site.
e) New Crude oil pipeline & associated facilities for transfer of crude from Cairn’s
Mangla Terminal to Refinery site.
f) Main Water intake facility, raw water reservoir and pumping facility & raw water
pipeline and associated facilities for transfer of raw water to Township Site. Raw
water reservoir & pumping facility at township, raw water pipeline and associated
facilities for transfer of raw water to Refinery Site. Construction water pipeline and
associated facilities.

1.3. HRRL has awarded EIL the job for carrying out execution of Project as Project
Management Consultant (PMC) for Rajasthan Refinery Project (RRP).

As part of this scope of work, selection of EPCC/LSTK Contractor to be carried out for
EPCC-10 PACKAGE - VACUUM GASOIL HYDROTREATING UNIT & REFINERY
OFFGAS PSA (VGO HDT & ROGPSA).

1.4. EIL on behalf of HRRL, invites e-Bids for above mentioned EPCC-10 PACKAGE on
Lump Sum Turnkey (LSTK) Basis under a single stage three part bid system (collectively
referred to as “Bidding Process”) from the competent EPCC/LSTK Contractors with
sound technical, commercial and financial capabilities meeting the qualification criteria
as stated in clause no. 5.0 below.
2.0 BRIEF SCOPE OF WORK OF EPCC/LSTK CONTRACTOR:
The scope of work of EPCC/ LSTK Contractor includes Project Management, Residual
Process Engineering, Detailed Engineering, Procurement, Fabrication, Inspection,
Transportation of all equipment/ materials to the work site, storage, assembly, erection,
installation, construction, pre-commissioning, commissioning and performance

Doc. Ref.: B224-IFB-VGO-2006 ISSUE Page 1 of 21

Page 28 of 13748
guarantee testing in presence of Process Licensor(s), EIL & Owner’s Representative and
handing over of the Unit on lump sum turnkey basis including supply of mandatory /
recommended spares for EPCC-10 package (VGO HDT (3.5 MMTPA capacity) &
ROGPSA (33 KTPA capacity)).
The detailed scope of work of the EPCC/ LSTK Contractor including requirement of
statutory approvals is defined elsewhere in the Bidding Document.
3.0 TIME SCHEDULE FOR COMPLETION:

The Time Schedule for this work shall be 28 Months for Mechanical Completion plus 2
Months for Commissioning, from the date of issue of Letter of Acceptance (LOA).
4.0 SALIENT FEATURES OF BIDDING DOCUMENT:

S. SALIENT DETAILS
NO. FEATURES

Bidding Document
a) : AKR/B224-110-PM-T-7210/2006
No.

b) Site Visit : At 1000 Hrs. IST on 10-MAY-2019 at HPCL


Rajasthan Refinery Limited, Pachpadra Tehsil,
Barmer District, Rajasthan-India.

Contact Details:

i. For HPCL Rajasthan Refinery Limited:


Name: Mr. N. Baladhandyuthapani
Resident Construction Manager
HPCL Rajasthan Refinery Limited
Pachpadra Tehsil in Barmer District,
Mobile No.: +91 9704990675
e Mail : bala@hrrl.in

ii. For Engineers India Limited


Name: Mr. N. Sita Ramaiah
Resident Construction Manager
Engineers India Limited
Pachpadra Tehsil in Barmer District,
Rajasthan-India.
Mobile No.: +91 8590785227
e-Mail:ns.ramaiah@eil.co.in;
nsr5345@gmail.com; eilhrrlsite@gmail.com

c) Bidding Document : The Detailed IFB along with Qualification Criteria,


& subsequent Non-Disclosure Agreement (NDA*), Integrity Pact
Addendum/ and Bidding Document both Commercial Part and
Corrigendum (if any) Technical Part* can be viewed/ downloaded from the
available on Website following website:
for viewing & https://eprocure.gov.in/eprocure/app
downloading

The detailed IFB and the NDA format shall also be


available on EIL website http://tenders.eil.co.in

* Bidder to note the following for


viewing/downloading Technical Part of Bidding

Doc. Ref.: B224-IFB-VGO-2006 ISSUE Page 2 of 21

Page 29 of 13748
S. SALIENT DETAILS
NO. FEATURES
Document:

i. Bidder (i.e. Sole Bidder/ each member of the


Consortium in case of Consortium) is required
to execute a Non- Disclosure Agreement (NDA)
with LICENSOR before obtaining Technical part
of the Bidding Document.

ii. Bidder to note that submission of duly signed


NDA strictly as per the format provided without
any deviation is mandatory, failing which Bidder
shall not be able to download/view the
Technical Part of Bidding Document on the e-
tendering website.

iii. Bidder shall upload signed and stamped NDA


online on the e-tendering website
https://eprocure.gov.in/eprocure/app and
original signed (2 Sets) document shall be
submitted subsequently to address mentioned
under Clause no. 20.3 of ITB.

iv. Along with NDA, bidder shall submit self-


declaration in their Company letter head that
they have not changed/ modified any content of
the NDA (secrecy agreement).

v. The Technical part of Bidding Document shall


be made available for viewing / downloading to
the Bidder after uploading of NDA on the e-
tendering website and submission of NDA in
original and its acceptance by Licensor.

d) Period during which : From 01-MAY-2019 (herein after referred as date on


Bidding document which bid is invited (floated)) to 1200 Hrs (IST) on
can be viewed & 12-JUL-2019.
downloaded from
Website

e) Last date of Receipt : 23-MAY-2019


of Bidder's Queries
for Pre-Bid
Conference -1

f) Date of Pre-Bid : 27-MAY-2019


Conference – 1

g) Last date of Receipt : 18-JUN-2019


of Bidder's Queries
for Pre-Bid
Conference -2

Doc. Ref.: B224-IFB-VGO-2006 ISSUE Page 3 of 21

Page 30 of 13748
S. SALIENT DETAILS
NO. FEATURES

h) Date of Pre-Bid : 21-JUN-2019


Conference – 2

i) Pre-Bid Conference : at 0930 Hrs. (IST) on dates as above at:


1&2 Engineers India Limited
EIL Office Complex, Sector-16 (on NH-8)
(Time and Venue) Gurugram-122 001, Haryana (India)
Tel No.: +91-124- 380 2085/2109/2148

j) Last Date and time : Upto 1200 Hrs. (IST) on 12-JUL-2019


of submission of e-
Bids on e-Tendering
website
(Bid Submission End
date/Bid Submission
Due Date/Bid Due
Date)

k) e-Tendering website : Central Public Procurement Portal (CPPP) website:


for Submission of e- https://eprocure.gov.in/eprocure/app
Bid

l) Online Opening of : at 1400 Hrs. (IST) on 15-JUL-2019


Techno-commercial
(Unpriced) e-Bids
a) Mr. Shashank Singh, Manager (SCM)
m) Contact Persons for : e-Mail: shashank.tinku@eil.co.in
any query / Tel. No.: +91-124- 380 2148
clarification b) Dr. A.K.Rastogi, DGM (SCM)
e-Mail: ak.rastogi@eil.co.in
Tel. No.: +91-124- 380 2109
c) Mr. Biswajit Mandal, SGM (SCM)
e-Mail: biswajit.mandal@eil.co.in
Tel. No.: +91-124- 380 2085

n) Cost of Bidding : Not Applicable


document

o) Earnest Money : For Indian Bidders: INR 54,000,000.00 (Rupees Fifty


Deposit (EMD)/ Bid Four Million.)
Security
For Foreign Bidders: USD 767,700.00 (US Dollars
Seven Hundred Sixty Seven Thousand Seven
Hundred.)

Original Earnest Money Deposit/ Bid Security (as


applicable as per Bidding Document) of requisite
value and validity period (in hard copy) in the form of
Bank Guarantee (BG)/ Demand Draft (DD) in favour
of HPCL Rajasthan Refinery Limited payable at
Jaipur shall be submitted by the bidder at designated
place in EIL, on or before the final bid due date and

Doc. Ref.: B224-IFB-VGO-2006 ISSUE Page 4 of 21

Page 31 of 13748
S. SALIENT DETAILS
NO. FEATURES
time of e-bid submission and its scanned copy shall
be uploaded in the designated place in e-
procurement portal.

Submission of EMD, both in Original (Hard Copy) as


well as uploading its scanned copy at the designated
place of e-procurement portal is a mandatory
requirement. In case, any of the above requirement
of EMD submission is not complied, such bid shall
not be considered for bid opening.

Notes:

a) In case of Consortium, Prime Member (Leader) of


the Consortium shall submit the EMD.

b) EMD in the form of Swift message/Cheque/Cash


shall not be acceptable.

c) EMD Exemption, as applicable to MSE Bidders


shall be as per provisions specified in Instructions
to Bidders (ITB) document of Bidding Document.

p) Opening of Priced : On the date & time to be intimated later on to the


Bids qualified and acceptable bidders.

4.1 If any of the dates indicated at Sl. No. 4.0 f), h), l) above happens to be a declared
holiday/closed day in EIL, Gurugram, the next working day shall be considered.
4.2 All Amendments/Addendums/Corrigendum, time extension, clarifications, etc. shall be
uploaded in the above mentioned e-tendering website only and shall not be published in
Newspapers. Bidders should regularly visit the above website(s) to keep themselves
updated and submit their Bids based on the latest information/instructions hosted in e-
tendering website.
4.3 Bidder shall submit all their requests for extension of Bid submission date (if
unavoidable) and/or any queries prior to and/or during the pre-bid meeting. Owner/EIL
may at its sole discretion extend Bid submission due date on such written requests.
4.4 However, request for extension of Bid submission date received from any bidder with
less than Seven working days prior to bid submission due date shall generally be
ignored, since there will not be adequate time for proper communication with the Owner
and other Bidders.
5.0 BIDDER’S QUALIFICATION CRITERIA (BQC):
5.1 TECHNICAL CRITERIA (BQC Technical):
The Bidder shall either be a

 A sole bidder or
 an incorporated JV (called sole bidder) or
 a Consortium (including an unincorporated Joint Venture) having a maximum of 2
(two) members
The Bidder shall meet the following qualification criteria:

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Page 32 of 13748
5.1.1 The bidder (in case of sole bidder) or leader of the consortium (in case the bidder is a
consortium) should have executed, as EPCC/LSTK Contractor with single point
responsibility, a contract, involving Project Management, Residual Process engineering,
Detailed Engineering, Procurement, Fabrication, Inspection, Erection, Construction, Pre-
commissioning and Commissioning / Commissioning Assistance of at least one
grassroots process plant in a process Industry out of Refinery, Petrochemical, On shore
Oil & Gas processing facilities, Offshore Oil & Gas processing facilities, Chemical,
Fertilizer, Metallurgy (Ferrous) and LNG. EPCC/LSTK jobs carried out on open book
estimate/cost reimbursable basis shall also be considered.
Bidder’s/leader of consortium’s experience as above involving at least one grass root
process unit in combination with any Utilities and/or offsite facilities within the same
complex shall also be considered acceptable.
Exclusive experience of Utility System / Utility block, waste water effluent treatment,
offsite facilities, etc. shall not be considered as relevant experience.
For the reference plant, in case the bidder/leader of consortium has used services of
engineering sub-contractor(s) for Residual Process engineering, Detailed Engineering
and pre-commissioning/commissioning assistance, the same shall be considered
acceptable and bidder has to declare details of such arrangement along with the bid
(documentary evidence to be provided as per Clause no.5.5.5 below).
5.1.2 In addition, bidder (either the sole bidder or one of the members of consortium) should
also have experience of residual process engineering, detailed engineering, engineering
for procurement, pre-commissioning/commissioning assistance of any of the grassroots
process plants as listed below:
o Delayed Coker Unit
o Crude / Vacuum Distillation Unit
o Fluid Catalytic Cracking Unit/ Resid FCC/Petrochemical FCC Unit
o Hydrocracker Unit
o Residue Hydrocracking Unit
o Diesel Hydrotreating Unit / Diesel Hydro desulphurization (DHDS) Unit
o Naphtha Hydrotreater and Catalytic Reforming Unit
o Naphtha Hydrotreater Unit and Naphtha Isomerisation Unit
o MS Block (Naphtha Hydrotreater and Catalytic Reforming Unit and Naphtha
Isomerisation Unit)
o VGO/CGO Hydrotreating Unit
o Hydrogen Unit (Steam reforming based)
o Gas Cracker Unit / Naphtha Cracker unit / Dual Feed Cracker Unit
o Polymer Unit (PP or HDPE or LLDPE/HDPE Swing or LDPE or LLDPE)
o Process unit(s) in Aromatic Complex (Comprising of Units like NHT/Catalytic
Reformer, Xylene Isomerization, Xylene Fractionation/ Para-Xylene Unit)
o Purified Terephthalic Acid (PTA) Unit
o Mono Ethylene Glycol(MEG) Unit
o Ammonia / Urea Plant
o Methanol Unit

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Page 33 of 13748
o Linear Alkyl Benzene (LAB) Unit
o Lube Oil block process Units (Conventional / Hydro processing)
o Atmospheric Residue Desulphurisation (ARDS) Unit
o Vacuum Residue Desulphurisation (VRDS) Unit
5.1.2.1 In case the bidder (either the sole bidder or leader of the consortium) meets the criteria
at 5.1.1 above but neither the sole bidder nor any of the consortium members meet the
criteria at 5.1.2 above (i.e., sole bidder or none of the consortium members), bidder shall
be considered acceptable, provided the bidder engages an engineering sub-contractor
who meets the criteria at para 5.1.2 above.
5.1.2.2 In such a case, the bidder, along with the bid, shall submit Memorandum of
Understanding (MoU)/Agreement with the Engineering Sub-contractor (either the same
subcontractor who was engaged in the reference job or any other subcontractor meeting
the requirement in 5.1.2 above) for executing the residual process engineering &
detailed engineering, engineering for procurement, HAZOP/ SIL studies, Technical &
Construction Audit, Pre-commissioning/Commissioning assistance & PGTR assistance,
which shall be binding on the bidder and is not to be changed thereafter and shall
remain in force at least till the pendency of the Contract.
The MOU/ Agreement shall be converted into definite contract agreement between
successful bidder & engineering sub-contractor after award of job and before signing of
contract with HRRL which shall be done within 45 days from the date of award to
LSTK/EPCC Contractor and this agreement must remain in force at least till the
pendency of the Contract.
5.1.2.3 The provision of engaging engineering subcontractor shall be mandatory, if the bidder’s
experience of the reference job (as per clause 5.1.1) is based on engagement of an
engineering sub-contractor meeting the requirement stated under clause no. 5.1.2.
5.1.3 The reference units provided by the bidder with respect to their experience as mentioned
in Clause No. 5.1.1 & 5.1.2 above must be Non Captive units (shall mean, other than In-
house units executed and completed for their Own (themselves) and bidder is required
to declare the same upfront in the bid. Experience of any Revamp/Debottlenecking of
units, Pilot plant & Demo plant - shall not be considered for qualification.
5.1.4 In case of Consortium, the member (other than leader) on his own or as a consortium
member, should have executed a contract wherein his scope involves either
Engineering, Procurement, Construction & Commissioning/ Commissioning assistance
(EPCC) or Procurement & Construction (PC) or only Construction (C) of a process plant
as per clause no. 5.1.1 above for a Grass root project or a Revamp project. However,
the above reference units must be Non Captive units (Shall mean, other than In-house
units executed and completed either for their Own or for Parent or for
Subsidiary/affiliate). Pilot plant & Demo plant shall not be considered for qualification.
Bidder is required to declare the same upfront in the bid.
5.1.5 The unit(s) as referred in Clause 5.1.1, 5.1.2 & 5.1.4 above must have been
commissioned and should have completed operation for at least one (1) year after
commissioning within the last 10 (Ten) years from the last day of the month immediately
previous to one in which bid is invited (floated) in e-tendering website
https://eprocure.gov.in/eprocure/app.
The clause 5.1.4 does not apply to the member of consortium if the member is an
affiliate/ subsidiary of the leader/ prime member of consortium.

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Page 34 of 13748
5.2 COMMERCIAL EXPERIENCE CRITERIA

5.2.1 The contract(s) under clause no. 5.1.1 of BQC Technical against which Bidder (In case
of sole Bidder, also including an incorporated Joint Venture) or Leader of the Consortium
(in case the bidder is a consortium) is getting qualified should have been completed
within the last 10 (Ten) years from the last day of the month immediately previous to one
in which bid is invited (floated) and must have the value(s) as under:
(i) One contract having value not less than INR 6210 Million or US $ 88.29 Million
Or
(ii) Two contracts, each having value not less than INR 4140 Million or US $ 58.86
Million
Or
(iii) Three contracts, each having value not less than INR 3105 Million or US $ 44.14
Million

5.2.2 In case of Consortium, the Member (other than the Leader) shall meet the following:

The contract(s) under clause no. 5.1.4 of BQC Technical against which Bidder (only
member of consortium other than the Leader) is getting qualified should have been
completed within the last 10 (Ten) years from the last day of the month immediately
previous to one in which bid is invited (floated) and must have value(s) as under:
(i) One contract of value not less than INR 3105 Million or US $ 44.14 Million
Or
(ii) Two contracts, each of value not less than INR 2070 Million or US $ 29.43 Million
Or
(iii) Three contracts, each of value not less than INR 1552.50 Million or US $ 22.07
Million
The above criteria 5.2.2 shall not be applicable for a member of consortium who is an
affiliate/ subsidiary of leader of the Consortium.

5.2.3 In case bidder has executed contract(s) meeting the requirements under clause no.
5.1.1 and 5.1.4 of BQC Technical above as a consortium, the value of work performed
by the respective consortium members shall be considered as the value of contract for
the purpose of qualification under 5.2.1 and 5.2.2 above, and bidder has to submit
documents as per clause 5.5.5.

5.2.4 In case bidder has executed contract(s) meeting the requirements under clause no.
5.1.1 and 5.1.4 of BQC Technical above, but such contracts(s) comprise of additional
scope and/or multiple process units under single contract, the value of complete contract
shall be considered for the purpose of qualification vis-a-vis the values given above. For
example, if the total value of multiple process units (and associated facilities, if any) is
more than INR 6210 Million, the same shall be considered qualified under 5.2.1 (i),
provided it is under a single contract.

5.2.5 Experience of Sub-Contractor: A job completed by a bidder as a sub-contractor shall


be considered for the purpose of meeting the experience criteria of BQC subject to
submission of documents as per clause 5.5.5 in support of meeting the “Bidder’s
Qualification Criteria”.

5.3 FINANCIAL CRITERIA

5.3.1 ANNUAL TURNOVER

5.3.1.1 Bidder (In case of sole Bidder, also including an incorporated Joint Venture) or Leader of
the Consortium (in case the bidder is a consortium) shall meet the following: -

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Page 35 of 13748
The average annual financial turnover during the last 3 years, ending 31st March /31st
December of the previous financial year, should be at least INR 3105 Million (for Indian
Bidder) OR US Dollar 44.14 Million (for Foreign Bidder).

5.3.1.2 In case of consortium, Member (other than the Leader) of the Consortium shall meet the
following:

The average annual financial turnover during the last 3 years, ending 31st March /31st
December of the previous financial year, should be at least INR 1552.50 Million (for
Indian Bidder) OR US Dollar 22.07 Million (for Foreign Bidder).

5.3.2 NET WORTH CRITERIA

The financial net worth of the Bidder (sole Bidder or incorporated Joint Venture or
Leader of the Consortium) and second member of consortium as per the audited
financial results of immediate preceding financial year shall be positive barring CPSEs
approved by PMC and/or HRRL.

5.3.3 WORKING CAPITAL

5.3.3.1 Bidder (In case of sole Bidder, also including an incorporated Joint Venture) or Leader of
the Consortium (in case the bidder is a consortium) shall meet the following:

Minimum working capital equal to INR 414 Million (for Indian Bidder) OR US Dollar
5.89 Million (for Foreign Bidder) as per the immediate preceding year’s audited
financial results.

5.3.3.2 In case of consortium, Member (other than the Leader) shall meet the following:

Minimum working capital equal to INR 207 Million (for Indian Bidder) OR US Dollar
2.94 Million (for Foreign Bidder) as per the immediate preceding year’s audited
financial results.

5.3.3.3 In case, Bidder (sole Bidder or an incorporated Joint Venture) or each member of the
Consortium (in case the bidder is a consortium) is unable to meet the working capital
requirements as above, the bidder/consortium member can supplement the respective
working capital requirement with a fund based line of credit from any scheduled bank in
India (letters from multiple banks not acceptable) having net worth more than equivalent
INR 1000 Million. In such a case, bidder/consortium member shall furnish a declaration
from the bank for availability of unutilized fund based line of credit for the shortfall in
working capital below the value as mentioned above, in the format enclosed as
Appendix – I attached herewith. Such declaration from bank shall present the availability
of unutilized fund based line of credit of the bidder/consortium member for a date
between the issue date of Bidding Document and the bid due date /extended bid due
date. The bidder/consortium member shall furnish the original declaration letter from the
bank for availability of line of credit.

5.3.4 EARNEST MONEY DEPOSIT (EMD):

The provisions of clause 14 of the ITB shall apply failing which the bid shall be
rejected.
5.4 GENERAL:
5.4.1 Sole Bidder being a foreign entity or any one of the member of the consortium bidder,
should have an operating Indian establishment which is either their own or
subsidiary/affiliate wherein they have controlling rights as on the last day of the month
immediately previous to one in which bid is invited (floated). This Indian establishment
must:

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Page 36 of 13748
a) have been in operation for more than 7 (Seven) years reckoned from the last day of
the month immediately previous to one in which bid is invited (floated) (i.e. the issue
of IFB on e-tendering website)

b) have at least 300 technical (Graduate Engineers) employees (Project management,


engineering, procurement, HSE, construction, etc.) on their payrolls as on the last
day of the month immediately previous to one in which bid is invited (floated).

Bidder shall submit following towards meeting above requirements:


a) Company formation document showing that the Indian establishment is an affiliate/
subsidiary / incorporated JV of the foreign member.

b) Documents such as Audited Annual Report/Income Tax returns/Returns filed with


statutory bodies to substantiate that the Indian establishment is in operation
presently and for more than 7 (seven) years as required above.

c) Indian PF registration certificate and ESI registration document in the name of Indian
Establishment and copies of challan/relevant documents in support of number of
employees for the month immediately previous to one in which the bid is invited
(floated).

d) Affidavit signed by from any one out of CEO or CFO or Company Secretary or any
Functional Director in Board of Directors confirming above requirements under
clause 5.4.1.

5.4.2 Parties who are affiliates of one another can decide which Affiliate will make a bid. Only
one affiliate may submit a bid. Two or more affiliates are not permitted to make
separate bids directly or indirectly. If two or more affiliates submit separate bids, then all
of them shall be summarily rejected. However, up to two affiliates may make a joint bid
as a Consortium, and in which case the conditions applicable to a consortium shall
apply to them.

Entities which are affiliate to one another are allowed to Bid either as a sole bidder or as
a consortium only.

5.4.3 "Affiliate" of a Party shall mean any company or legal entity which:

(a) Controls either directly or indirectly a Party, or

(b) Which is controlled directly or indirectly by a Party; or

(c) Is directly or indirectly controlled by a company, legal entity or partnership which


directly or indirectly controls a Party.

"Control" means actual control or ownership in excess of 50% voting or other controlling
interest that gives the power to direct, or cause the direction of, the management and
material business decisions of the controlled entity.

The term “Affiliate” shall include “Subsidiary”.

5.4.4 A firm which has been engaged by HRRL to provide licensing or services for this Project
(here “Project” shall mean the project embracing the works and/or unit(s) forming the
subject matter of the Bid and resultant Contract) and any of its affiliates that directly or
indirectly controls, is controlled by, or is under common control with that firm, are
disqualified from executing EPC works for the same project. Conversely a firm hired to
execute EPC works for implementation of this Project and any of its affiliates, are
disqualified from providing services related to the initial assignment for the same Project.

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Bidder/each member of consortium to provide declaration regarding this as per Appendix
– II attached herewith, in their letter head duly signed and stamped by their Power of
Attorney holder failing which their bid shall be rejected.

5.4.5 Fulfillment of Bidder’s Qualification Criteria and certain additional conditions in respect
of each type of bidders as per clause 5.0 are stated below, respectively:
5.4.5.1 Sole bidder or incorporated JV:

The sole bidder or incorporated JV shall fulfill each Bidder’s Qualification Criteria
(Technical, Commercial Experience, Financial and General) on their own.

5.4.5.2 Consortium:

In case the bidder is a Consortium (including an unincorporated JV), then the following
conditions shall apply:
a. The minimum scope of Bidder /Leader (in case of consortium) shall be as given
below:
(i) Overall Project management including Planning, monitoring, scheduling
and reporting.
(ii) Health, Safety and Environment(HSE) Management
(iii) Risk Management
(iv) Preparation / Approval of MR of Critical equipment and Package items as
defined in tender elsewhere.
(v) HAZOP/ SIL studies, Technical & Construction Auditing
(vi) Quality Assurance
(vii) Pre-commissioning/ Commissioning assistance and PGTR assistance.
In case bidder qualifies under Clause 5.1.2 through his engineering sub-
contractor/consortium member, activities listed at sr. no. iv, v, & vii shall be
included under scope of work of the engineering sub-contractor/consortium
member.
b. Each member in a consortium may only be a legal entity and not an individual
person;
c. The Bid shall specifically identify and describe each member of the consortium;
d. The consortium member descriptions shall indicate what type of legal entity the
member is and its jurisdiction of incorporation (or of establishment as a legal
entity other than as a corporation) and provide evidence by a copy of the articles
of incorporation (or equivalent documents);
e. One participant member of the consortium shall be identified as the “Prime
Member (Leader)” of the consortium and shall not be allowed to be altered at any
stage.
f. The consortium leader and the distribution of work among the Consortium
members shall be identified and submitted along with the bid and shall not be
changed thereafter.
g. The division of scope of work between the Consortium members shall be based
on their past relevant experience. However, this clause shall not be applicable to
the consortium where one member is affiliate/ subsidiary company of the prime
member/ leader of the consortium.

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h. The Prime member/ Leader and the member (other than the Leader) shall meet
the respective Bidder’s Qualification Criteria (Technical, Commercial Experience,
Financial and General) on their own.
i. No change shall be permitted in the number, nature or share holding pattern of
the Consortium members after bid submission, without the prior written
permission of the Owner.
j. No change in project plans, time schedule or lump sum contract price will be
permitted as a consequence of any withdrawal or failure to perform by a
consortium member.
k. No consortium member shall hold less than 25% stake in a consortium.
l. Entities which are affiliates of one another are allowed to bid either as a sole
bidder or as a consortium only.
m. Entity can bid either single or as a member of only one consortium.
n. Consortium member shall give power of attorney to the leader to represent it for
bid and contract execution, incur liabilities and receive instruction for and on
behalf of any and all members of Consortium.
o. The Prime Member (Leader) of the Consortium shall submit the bid on behalf of
the Consortium. Memorandum of Understanding (MoU) between the Consortium
members duly signed by the authority(ies), must accompany the techno-
commercial bid. All the members of the Consortium must resolve and affirm in
the MoU that each party shall be jointly and severally liable to the Owner for any
and all obligations and responsibility arising out of the Contract. MoU signed
between the members of the Consortium shall be converted to a definite
agreement and shall form part of the contract. In case of award of contract, the
Definite agreement shall be kept valid through the entire contract period, i.e. until
the issuance of Final Certificate by Project Owner to Consortium. After award of
contract, no alterations / modifications would be permitted in the Definite
Agreement.
p. Prime Member/Leader of the Consortium on behalf of the Consortium shall co-
ordinate with Owner and PMC till during bidding as well as during execution of
the contract. Owner/PMC shall correspond with the leader of a Consortium and
vice versa.
q. Any member of the Consortium shall not be permitted to participate either in an
individual capacity as a sole bidder or as a member of another Consortium for
the same work/ tender.

5.5 Documentation

5.5.1 Bidder shall furnish documentary proof of fulfilling the Bidder’s Qualification Criteria. For
Technical and Commercial Criteria under BQC, Bidder shall submit the documents as
per this clause.

5.5.2 Bidder shall submit complete audited annual financial statement along with auditor’s
reports, audited balance sheets and profit & loss accounts statement and all schedules
of the preceding 3 (Three) financial years. In case complete set of audited annual
financial statements (auditor’s reports, audited balance sheets and profit and loss
account) for the immediate preceding financial year is not available for Bid closing date,
the Bidder has an option to submit the audited balance sheets and profit & loss account
of the three previous years immediately prior to the last financial year as per following
provisions:

i) In case, the financial year closing date is within 9 months of bid due date and audited
annual report of immediate preceding financial year is not available, bidder has the

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Page 39 of 13748
option to submit the financial details of the three previous years immediately prior to
the last financial year. Otherwise, it is compulsory to submit the financial details of the
immediate three preceding financial years.

Example, in case, audited annual report of immediate preceding financial year (year
ending 31st March) is not available and where bid closing date is up to 31st December,
the financial details of the three previous years immediately prior to the last financial
year may be submitted. However, in case the bid closing date is after 31st December,
it is compulsory to submit the financial details of the immediate three preceding
financial years only.

5.5.3 In case a bidder (a Parent Company) is having wholly owned subsidiaries but only a
single consolidated annual report is prepared and audited which includes the financial
details of their wholly owned subsidiaries, consolidated audited annual report shall be
considered for establishing the financial criteria subject to statutory auditor of the bidder
certifying that separate annual report of bidder (without the financial data of subsidiaries)
is not prepared and audited.

5.5.4 Further, in case a sole bidder [Prime Member (Leader) and/or Member in case of
Consortium] is a subsidiary company and separate annual report of the bidder is not
prepared & audited, but only a consolidated audited annual report of the Parent
Company is available, consolidated audited annual report shall be considered for
establishing the financial criteria subject to statutory auditor of the parent company
certifying that separate annual report of bidder is not prepared and audited.

5.5.5 DOCUMENTS TO BE SUBMITTED BY THE BIDDER FOR MEETING TECHNICAL &


COMMERCIAL BQC QUALIFICATION

The Bidder to furnish documentary proof for all the information required for the Bidder
Qualification Criteria. The following documents shall be accepted as documentary proof
of the pre-qualification requirements:
a) Copy of relevant pages of work orders(s)/contract agreements(s)/contract
documents(s) mentioning the value and the scope of work for the reference unit(s)
submitted for qualification, the first page and the signature page.

b) Completion Certificates by Owner/ Owner’s Consultant indicating executed value &


commissioning date for the reference unit(s) submitted for qualification.

c) Certificate(s) / communication of Unit/Plant from Owner(s) /Owner’s Consultant


having completed 1 year of operation after commissioning for the reference unit(s)
submitted for qualification.

d) Memorandum of understanding(MOU) between Bidder and Engineering


subcontractor for executing the residual process engineering & detailed
engineering, engineering for procurement, Preparation/Approval of MR of Critical
equipment and Package items as defined in tender elsewhere, HAZOP/ SIL studies,
Technical & Construction Audit, Pre-commissioning/Commissioning assistance and
PGTR assistance, as applicable which shall be binding on the bidder and not to be
changed thereafter and shall remain in force at least till the pendency of the
Contract.

e) Documents in support of Clause no. 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.1.5 of BQC
Technical and clause no. 5.2 above (i.e. Commercial Experience Criteria) in the
form of copy of the relevant pages of Work order(s)/Contract agreement(s)/

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Page 40 of 13748
Contract Document(s) mentioning the scope of work for the reference unit(s) to be
submitted for qualification.

f) For Consortium, Bidder shall submit agreement/ Memorandum of Understanding


(MOU) along with the Bid clearly defining the scope and responsibility of each
member including the leader for execution of the contract. The distribution of the
work among Leader and member of Consortium shall be identified in MOU and not
to be changed thereafter.
The MOU shall be converted to a definite agreement later on before release of
purchase order by HRRL and this definite agreement must remain in force at least
till the pendency of the contract.

g) Jobs executed for Subsidiary/ Fellow subsidiary / Holding company will be


considered as experience for the purpose of meeting BQC subject to submission of
tax paid invoice(s) duly certified by Statutory Auditor of the bidder towards
payments of statutory tax in support of the job executed for Subsidiary/ Fellow
subsidiary / Holding company.

h) In case the job is completed by a bidder as a sub-contractor then following


documents (in addition to other documents) shall also be submitted, in support of
meeting the “Bidder Qualification Criteria”:

 Copy of Work order along with schedule of rates issued by main contractor.

 Copies of completion certificates from the End User/ Owner/ PMC and also from
the Main Contractor. The completion certificates shall have details like work order
no. / Date, brief scope of work, ordered & executed value of the job, completion
date, etc.
However, in case bidder is not able to furnish the completion certificates from the
End User/ Owner/PMC in his name, then he shall furnish a copy of the approval by
End User/Owner/PMC for engaging the bidder as a sub-Contractor.
5.5.6 Authentication of documents:

5.5.6.1 All documents submitted by bidders in support of meeting the BQC shall be
Authenticated in following manner:
Either
Duly certified by Statutory Auditor of the bidder or practicing Chartered Accountant (not
being an employee / Director and not having any interest in the bidder’s company)
where audited accounts are not mandatory as per law.
OR
Duly notarized by any Notary Public in the Bidder’s Country or certified true copies duly
signed, dated and stamped by an official authorized for this purpose in Indian Embassy/
High Commission in Bidder’s country.
OR
Bidder shall submit self-certified documents in original from any one out of CEO or CFO
or Company Secretary or any Functional Director in Board of Directors of the bidder
(Limited company only) along with Self-Certification as per Appendix-III attached
herewith. This option shall not be applicable to Proprietorship/ Partnership firms.

5.5.6.2 Requirement of certification/authentication as stated above shall not be applicable to


published audited annual financial statements in English, if original booklets are
submitted.

Doc. Ref.: B224-IFB-VGO-2006 ISSUE Page 14 of 21

Page 41 of 13748
5.5.6.3 The Bid and all correspondence incidental to and in connection with the Bid shall be in
the English Language only. In case a foreign bidder submits any of the Bidder
Qualification support documents in any language other than in English, then it shall be
the responsibility of such foreign Bidder to also provide the English translation copy of
the same duly certified by either of the following:
a) Local Chamber of Commerce of Bidder’s country.
b) Indian Embassy in Bidder’s Country
c) Bidder’s Embassy in India
d) Any translator in India recognized/ authorized by Bidder’s Embassy

5.5.6.4 Bidders shall be required to upload the digitally signed authenticated copies of
documents for meeting BQC on the e-tendering website only. Bidders shall not be
required to submit the original of authenticated documents in physical form to EIL. In
addition, bidder shall also confirm that all authenticated documents submitted for
meeting the BQC are certified as per the authentication requirement defined in the
Bidding Document.

5.5.6.5 Submission of authentic documents is the prime responsibility of the Bidder. HRRL /EIL
reserves the right of getting the document cross verified, at their discretion from the
document issuing authority. Bidder shall provide all necessary assistance in this regard.
With respect to Technical Criteria, Bidder shall also render assistance in facilitating visit
to the reference unit, if so considered necessary by the Owner. Cost of visit shall not be
to the Bidder’s account
In addition to the above, HRRL/EIL shall carry-out cross verification of the lowest evaluated
bidder’s credentials submitted in the bid and considered by HRRL/EIL for meeting the BQC-
commercial experience criteria and BQC - technical criteria from the document issuing
authority. It shall be the responsibility of the bidder to assist HRRL/EIL in carrying out this
exercise. HRRL/EIL shall also reserve the right to communicate directly with the certificate
issuing authority and /or carryout a visit to the office/works of the certificate issuing authority.
Bidder shall provide complete assistance towards the same. Bidder to note that first payment
against the contract, if placed, shall be released only on completion of the verification.
It shall, therefore, be the responsibility of the Bidder/ Contractor to get their BQC
documents considered for qualification successfully verified as above.
Accordingly, bidder shall ensure that bidder shall submit those executed works meeting
the qualification criteria for which they can arrange such verification.
Failure of cross verification shall entitle HRRL/EIL to reject the bid or terminate the
Purchase Order / Contract, if already issued.

5.5.7 HRRL/ EIL reserves the right to complete the evaluation based on the details furnished
(without seeking any additional information) and / or in-house data, survey or otherwise.

5.5.7.1 Failure to meet the above Qualification Criteria will render the Bid to be summarily
rejected. Therefore, the Bidder shall in their own interest furnish complete documentary
evidence in the first instance itself along with their bids, in support of their fulfilling the
Qualification Criteria as given above. Any additional documents, if deemed necessary to
establish the qualifying requirements may be submitted by the Bidder.

5.5.8 Post submission of Bids, Bidder shall not be allowed to furnish any new experience
details not included in experience list furnished in their Bid. Bidders are requested to
submit all qualification details along with relevant supporting authenticated documents at
the first instance itself. However, EIL/ HRRL also reserves the right to seek clarification /
additional document only amongst the jobs listed in Form N (i) and Form N (ii) provided
elsewhere in the Bidding Document, for completing evaluation, if so required.

Doc. Ref.: B224-IFB-VGO-2006 ISSUE Page 15 of 21

Page 42 of 13748
6.0 PRE-BID MEETING
6.1 Pre-bid Meeting shall be held at the address mentioned above. Bidders or their
authorized representatives are requested to attend the Pre-Bid Meeting so that their
queries, if any, related to the BIDDING DOCUMENT, Bidder’s Qualification Criteria and
Scope of Work etc. can be addressed during the pre-bid meeting.
6.2 The bidders are requested to send queries/clarifications, if any, as per Format enclosed
in the Bidding document through e-mail to reach EIL on or before the date mentioned at
Cl. 4.0 e) and g) above. The clarifications shall be provided during the pre-bid meeting.
Bidder shall send query in editable soft copy in the format included in the Bidding
document through e-mail.
6.3 Bidders are required to participate in pre-bid meeting after going through the entire
Bidding Document along with BQC. Bidder shall attend with all technical and commercial
issues on which they need clarification and also to ensure that they possess/bring all
supporting documents for meeting the BQC to get their queries clarified, if required,
during the pre-bid meeting to avoid any post-bid discussion/clarification on this issue.
6.4 Non-attendance of the pre-bid meeting shall not be a cause of disqualification of the
Bidder.
6.5 In case any Bidder does not attend the pre-bid meeting, it shall be understood that the
Bidder has a clear understanding of the BQC, scope, terms and conditions of the
Bidding Document and does not have any comment / deviation to the requirement of
Bidding Document and this shall not be considered a cause for extension of e- Bid
submission date.
7.0 SUBMISSION OF BID & IT’S VALIDITY
7.1 The Bid submitted online in the e-tendering website as stated in clause 4.0 k) shall only
be considered for evaluation and subsequent ordering. Bidders are required to enrol on
the e-Procurement module of the above mentioned e-tendering website
(URL:https://eprocure.gov.in/eprocure/app). No enrolment fee would be charged from the
bidders. It may also be noted that the price details are required to be filled & submitted
only on the Schedule of Price format downloaded from above mentioned e-tendering
website. Physical Bids/ Offers or Bids sent through Fax/ E-Mail or in any other electronic
mode shall not be accepted. The Bids submitted through above mentioned e-tendering
website shall only be considered for evaluation and ordering.
Bidders in their own interest are requested to upload/submit their bid well in time. In the
event of failure in bidder’s connectivity with the above mentioned e-tendering website
during the last few hours, bidder is likely to miss the deadline for bid submission. Due
date extension request due to above reason may not be entertained.
7.2 Bidders to refer Instruction to Bidders for e-Tendering Methodology provided in the
Bidding Document. Bidders are requested to get acquainted with the e-Tendering
System in advance and obtain/seek clarifications, if any from CPP Portal Helpdesk,
whose contact information is provided in the Appendix-IV to ITB.
7.3 Bids received after bid due date & time of submission shall be declared as “Late” Bid
and shall not be opened. Bidder’s representative of Late Bid shall not be allowed to
attend the Bid opening.
7.4 Validity of Bid shall be 8 (Eight) months from the final Bid Due Date. Owner/EIL
reserve the right to request bidders to further extend the validity period as stated above,
if required.
8.0 GENERAL

8.1 Conversion Factor for Order Value for Orders / Contracts submitted towards qualification
criteria:

Doc. Ref.: B224-IFB-VGO-2006 ISSUE Page 16 of 21

Page 43 of 13748
For Indian Bidders, Order value(s) (including Change Order (if any) in multiple
currencies shall be converted to equivalent INR at the exchange rate of SBI bill selling
rate as on the date of award of such order for main Order and date of award of change
order for Change Order (if any), submitted by bidder for qualification.

Similarly, for Foreign Bidder, Order value(s) (including Change Order (if any), in multiple
currencies shall be converted at the exchange rate of SBI bill selling rate to equivalent
USD as on date of award of such order for main Order and date of award of change
order for Change Order (if any), submitted by bidder for qualification.

8.2 Conversion Factor for Annual Turnover & Working Capital:

In case of Foreign Bidders, if the Annual Turnover & Working Capital is in currency other
than USD, the same shall be converted into equivalent USD considering the conversion
factor indicated in Bidder’s Audited Financial Report. In case the same is not indicated,
the conversion rate of USD as on last date of Bidder’s financial year shall be considered
based on SBI bill selling rate.

8.3 HRRL/EIL reserves the right to assess Bidder’s capability to execute this work by using
in-house information and taking into account various aspects such as past performance
during evaluation of Bids.

8.4 The lump sum price of the contract as per the Contract(s)/Completion Certificate(s)
submitted by Bidder, shall be considered for meeting requirement under clause 5.2 of
BQC, irrespective of fact whether such lump sum price includes/excludes any taxes and
duties.

8.5 Bidder shall submit a self-certificate stating that they are not under liquidation, court
receivership or similar proceedings. Failure to do so or the bidder is under court
receivership or similar proceedings, their bids shall not be considered.

8.6 The bidders who are on Black-list /Holiday list / Suspension list/ Banning list/ Delisted
list/ Negative list of HRRL / EIL/ HPCL as on the due date / extended due date of
submission of Bid / during-the process of evaluation of the bids, the offers of such
bidders shall not be considered for bid opening/ evaluation/ Award.

Further, in case of a consortium, if any of the member(s) of consortium is/are on Black-


list /Holiday list / Suspension list/ Banning list/ Delisted list/ Negative list of HRRL / EIL
/HPCL as on the due date / extended due date of submission of Bid / during-the process
of evaluation of the bids, the offers of such bidders shall not be considered for bid
opening/ evaluation/ Award.

However, if a vendor/Contractor/consortium member is put on Holiday during evaluation


process, the rejection of offer can only be resorted to at the discretion of Owner.
8.7 Owner/EIL shall not be responsible or liable for cost incurred in preparation, submission
& delivery of Bids, regardless of the conduct or outcome of the Bidding process.
8.8 In case, any Bidder is found to be involved in cartel formation, their Bid shall not be
considered for evaluation/placement of order. Such Bidder will also be debarred from
bidding in future as per Owner/EIL’s Policy.
8.9 Canvassing in any form by the Bidder or by any other agency on their behalf may lead to
disqualification of their Bid.
8.10 Unsolicited clarifications to bids may render the bid liable for rejection.
8.11 Bidder shall submit along with their bids, the Integrity Pact (Pre-signed by HRRL) in the
format enclosed in Bidding document. Bids of bidders who doesn’t sign and submit the
Integrity Pact will not be considered for evaluation.

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Page 44 of 13748
8.12 Bidder(s) shall give an undertaking that they are not in Holiday List of other Companies
and their performance is not far from satisfactory level in ongoing contracts in the recent
refinery projects under implementation.
8.13 Bidders to note that “Purchase Preference (linked with Local Content) (PP-LC)”for the
procurement of goods and services is applicable.
8.14 Bidders to note that “Purchase Preference under Public Procurement Policy, 2012 for
MSEs” is not applicable, being Works Contract Services.
8.15 Bidders to note that Policy for providing Preference to Domestically Manufactured Iron &
Steel Products in Government Procurement is applicable as per Bidding Document.
9.0 Owner/EIL reserves the right to reject any or all the Bids received or annul the bidding
process at any time at their sole discretion without assigning any reason thereof.
10.0 For terms and conditions and other details, refer complete Bidding document and
subsequent Amendment(s), if any.
For & on Behalf of
HPCL Rajasthan Refinery Limited

(Biswajit Mandal)
SGM (SCM)
Engineers India Limited

Doc. Ref.: B224-IFB-VGO-2006 ISSUE Page 18 of 21

Page 45 of 13748
Appendix-I

DECLARATION FROM THE BANK FOR AVAILABILITY OF UNUTILIZED LINE OF CREDIT


(To be printed on Letter Head of Bank)

Ref: ______ Date: _______

We …………………………………………………………………, a Bank firm having our registered


office address …………………………………………………………. confirm that the company
M/S………………………………, having Its registered office at
…………………………………………………. is having account in our Bank. Presently, the credit
limits of the company are as follows:

Fund based lines of credit (towards Amount in (currency…………………..)


working capital like Current Credit limit)
Sanctioned Line of Credit
Utilized Lines of Credit
Balance lines of Credit

[Bank to Specify as Applicable]

We declare that we are a scheduled bank in India having net worth more than or equivalent to
INR 1000 Million as per latest audited financial statements.

Yours Faithfully,

Signature

Name and Designation

E-mail ID

Fax Number

Doc. Ref.: B224-IFB-VGO-2006 ISSUE Page 19 of 21


Page 46 of 13748
Appendix-II

PROFORMA OF UNDERTAKING
(To be submitted by the participating bidders)

I/We, ..................................................... {Name(s) of Authorized Signatory (ies)}, on behalf of


M/s. ............................................................ do hereby declare that our company or any of its
Directors/Partners/Employees/Affiliates do not have any conflict of interest as per the provisions
covered in the Bidding Document and specifically confirm that our company or any of its
Directors/Partners/Employees/Affiliates have not been engaged by HRRL to provide licensing or
services for this Project (here “Project” shall mean the project embracing the works and/or unit(s)
forming the subject matter of the Bid and resultant Contract). Further, we confirm that if our
company or any of its Affiliates are engaged to execute EPC works for implementation of this
Project then we shall not be eligible to provide services related to the initial assignment for the
same Project.

I/We, ..................................................... {Name(s) of Authorized Signatory (ies)}, on behalf of


M/s. ............................................................ do hereby undertake that our company or any of its
Directors/Partners/Employees/Affiliates shall refrain from entering into any business relationships
or activities, which would result into a ‘Conflict of Interest’ with the agency/consultant, who has
been engaged by HRRL for firming up the specifications and/or tender evaluation and/or
monitoring execution of the project (as applicable), for which this tender (i.e. Tender No.
.....................................) has been invited (floated).

(Authorized Signatory)

Signature:

Name :
Designation:

Doc. Ref.: B224-IFB-VGO-2006 ISSUE Page 20 of 21

Page 47 of 13748
Appendix-III

SELF-CERTIFICATION

I, _____________________ S/o/D/o of _________________________________, working as


CEO/CFO/Company Secretary/any functional Director of Board of Directors (indicate, as
applicable) of the Company _______________________________ having its registered office at
_________________________________________________________ certify that all the details
including documents pertaining to Bidder Qualification Criteria signed by undersigned vide our
offer reference ___________________ against your Enquiry document
______________________________________, are true, authentic, genuine and exact copy of
its original.

It is certified that none of the documents are false/forged or fabricated. All the documents
submitted has been made having full knowledge of (i) the provisions of the Indian laws in respect
of offences including, but not limited to those pertaining to criminal breach of trust, cheating and
fraud and (ii) provisions of bidding conditions which entitle the Owner/EIL to initiate action in the
event of such declaration turning out to be a misrepresentation or false representation.

I further certify that further documents, if any, required to be submitted by our company, shall be
submitted under my knowledge and those documents shall also be true, authentic, genuine, exact
copy of its original and shall not be false/forged or fabricated.

DECLARATION

I, _____________________ S/o/D/o of _________________________________, working as


CEO/CFO/Company Secretary/any functional Director in Board of Directors (indicate, as
applicable) of the Company _______________________________ having its registered office at
_________________________________________________________ with reference to our bid
_________________________ against your Enquiry document
___________________________,declare that in case, at a later date, any of the document
submitted in our bid referred above is found to be false/forged or fabricated, I, shall be held
responsible for the same and EIL/Owner has every right to take action against me and my
company, as deemed fit as per provisions of the bidding documents including EIL/Owner’s right to
put our company on Holiday/Black list for future business with EIL/Owner.

Specimen Signature of authorized representative

Signature

Name & Designation (CEO or CFO or Company Secretary/any functional Director in Board of
Directors)

Doc. Ref.: B224-IFB-VGO-2006 ISSUE Page 21 of 21

Page 48 of 13748
RAJASTHAN REFINERY PROJECT (RRP)

INSTRUCTIONS TO
BIDDER
FOR EPCC/LSTK WORKS

B224-ITB-LSTK-REV.0
30-APR-2019

Page 49 of 13748
INSTRUCTIONS TO BIDDER
(ITB)
Rev 0 Page 1 of 35

INDEX

1.0 INTRODUCTION ............................................................................................................ 3


2.0 COST OF BIDDING ........................................................................................................ 3
3.0 SITE LOCATION/SITE VISIT ......................................................................................... 3
4.0 ENTRY OF FOREIGN NATIONALS TO REFINERY PREMISES ................................. 4
5.0 BIDDING DOCUMENTS ................................................................................................ 4
6.0 PRE-BID MEETING ........................................................................................................ 5
7.0 AMENDMENT OF BIDDING DOCUMENTS .................................................................. 7
8.0 LANGUAGE OF BIDS .................................................................................................... 7
9.0 SUBMISSION OF BIDS ................................................................................................. 8
10.0 BIDS ON CONSORTIUM BASIS ................................................................................. 13
11.0 PRICE BID .................................................................................................................... 14
12.0 CURRENCIES OF BID AND PAYMENT ...................................................................... 16
13.0 INVOLVEMENT OF AGENT (IN CASE OF FOREIGN BIDDER) ................................ 16
14.0 EARNEST MONEY DEPOSIT (EMD) .......................................................................... 16
15.0 PERIOD OF VALIDITY OF BIDS ................................................................................. 19
16.0 MULTIPLE / ALTERNATIVE BIDS .............................................................................. 19
17.0 SIGNING OF BID.......................................................................................................... 19
18.0 E-TENDERING ............................................................................................................. 20
19.0 ENROLMENT OF BIDDER TO CPP PORTAL ............................................................ 21
20.0 SUBMISSION OF ORIGINAL DOCUMENTS (IN HARD COPY)................................. 21
21.0 BIDDING DOCUMENTS AND DEVIATIONS ............................................................... 22
22.0 DEADLINE FOR SUBMISSION OF BIDS.................................................................... 23
23.0 PRICES TO BE IN FIGURES AND WORDS ............................................................... 23
24.0 CORRECTIONS ........................................................................................................... 24
25.0 LATE BIDS/ UNSOLICITED BIDS / BID SUBMISSION AT OTHER PLACE ............. 24
26.0 MODIFICATION AND WITHDRAWAL OF BIDS ......................................................... 24
27.0 OPENING OF UNPRICED BIDS .................................................................................. 24
28.0 CLARIFICATION OF BIDS .......................................................................................... 24
29.0 TECHNO-COMMERCIAL EXAMINATION OF BIDS ................................................... 25
30.0 BID EVALUATION CRITERIA...................................................................................... 25
31.0 COMPLETE SCOPE OF SUPPLIES/WORK ............................................................... 26
32.0 OPENING OF PRICE BID ............................................................................................ 27
33.0 EVALUATION AND COMPARISON OF PRICES ........................................................ 27
34.0 OWNER'S RIGHT TO ACCEPT/ REJECT................................................................... 28
35.0 AWARD CRITERIA AND NOTIFICATION OF AWARD .............................................. 28
36.0 CONTRACT AGREEMENT .......................................................................................... 29
37.0 SIGNING OF CONTRACT ........................................................................................... 29
38.0 CONFIDENTIALITY OF DOCUMENTS ....................................................................... 29
39.0 INFORMATION TO BE FURNISHED BY FOREIGN CONTRACTORS ......... 30
40.0 FRAUDULENT PRACTICES ........................................................................................ 30
41.0 PROJECT SPECIFIC ACCOUNT ................................................................................ 31
42.0 PREFERENCE TO MICRO OR SMALL ENTERPRISES ............................................ 31
43.0 POLICY FOR PROVIDING PREFERENCE TO DOMESTICALLY (INDIAN) MANUFACTURED
IRON & STEEL PRODUCTS IN GOVERNMENT PROCUREMENT (DMI&SP) .................... 32
44.0 PURCHASE PREFERENCE (LINKED WITH LOCAL CONTENT) (PP-LC) ............... 32

Engineers India Limited (EIL)

Page 50 of 13748
INSTRUCTIONS TO BIDDER
(ITB)
Rev 0 Page 2 of 35

SL.NO. DESCRIPTION APPENDIX NUMBER


1. COMMERCIAL QUESTIONNAIRE APPENDIX –I TO ITB

2. CONTENTS OF BID AND CHECK LIST APPENDIX –II TO ITB

3. INTEGRITY PACT APPENDIX –III TO ITB

4. E-TENDERING METHODOLOGY APPENDIX –IV TO ITB

5. TRC & FORM -10F APPENDIX –V TO ITB

6. POA format APPENDIX –VI TO ITB

7. PREFERENCE UNDER DMI&SP POLICY APPENDIX –VII TO ITB

8. PURCHASE PREFERENCE (LINKED WITH APPENDIX –VIII TO ITB


LOCAL CONTENT)

9. AFFIDAVIT – INDIAN ESTABLISHMENT APPENDIX –IX TO ITB

10. BIDDING FORMS APPENDIX –X TO ITB

11. PARENT COMPANY CORPORATE APPENDIX –XI TO ITB


GUARANTEE (PCCG) FORMAT

Engineers India Limited (EIL)

Page 51 of 13748
INSTRUCTIONS TO BIDDER
(ITB)
Rev 0 Page 3 of 35

1.0 INTRODUCTION
1.1 HPCL Rajasthan Refinery Limited (Owner/HRRL) was incorporated on 18th
September, 2013, as a Joint Venture between Hindustan Petroleum Corporation
Limited (HPCL) and Government of state of Rajasthan, India with an equity
participation of 74% and 26% respectively.

1.2 HRRL is setting up a grass-root Refinery cum Petrochemical Complex at


Pachpadra Tehsil in Barmer District of Rajasthan, hereafter called as Rajasthan
Refinery Project (RRP). The complex is to be designed to process a mix of
Rajasthan crude & Arab Mix crude. The design nameplate crude processing
capacity of Refinery is 9MMTPA.

1.3 HRRL (hereinafter referred to as “OWNER” which expression shall for the Bidding
document include its Consultant or other agency authorized to undertake the
bidding process or any part thereof on behalf of the OWNER) invites e- Bids, under
Single stage two bids (Unpriced and Price Bid) system, for the entire supplies
and work covered under the Bidding Documents (hereinafter for the purpose of
these instructions collectively referred to as the “WORK”) based on the completion
of the WORK within the time given in the “Time Schedule” in Annexure-I to the
Special Conditions of Contract. All bids are to be completed and submitted in
accordance with and within the time provided in these Instructions to Bidder.

1.4 M/s Engineers India Limited (EIL), have been appointed as the Project
Management Consultant (PMC) to HRRL for RRP.

2.0 COST OF BIDDING


2.1 The bidder shall bear all direct and indirect costs associated with the preparation
and submission/delivery of its bid including (but not limited to) costs and expenses
related to clarification meetings, visits to the site(s) and other locations, and the cost
of any tests, investigations, evaluations and consultations. The OWNER/PMC will in
no case be responsible or liable for any costs regardless of the outcome of the
bidding process.

3.0 SITE LOCATION/SITE VISIT


3.1 The site is located at Pachpadra, Dist. Barmer, Rajasthan. It is well connected with
Roads. Nearest Rail Junction and Airport is Jodhpur. Nearest Sea port is Kandla
and Mundra, Gujarat.

3.2 Bidder is advised to visit and examine the site (at his cost), its surroundings and
familiarise himself of the existing facilities & environment, and collect all other
information which he may require for preparing and submitting the bid and entering
into the Contract. Bidder shall satisfy himself of the site conditions and shall
apprise himself of the procedure for engagement of agencies / labour and shall
collect other relevant information that may be required before submitting the bid.
Claims and objections due to ignorance of existing conditions or inadequacy
of information will not be considered a reason for extra claim or delay in work
at later date after submission of the bid and during contract execution.

Engineers India Limited (EIL)

Page 52 of 13748
INSTRUCTIONS TO BIDDER
(ITB)
Rev 0 Page 4 of 35

3.3 The Bidder and any of his personnel or authorised representative/agent will be
granted permission by the Owner to enter upon his premises and land for the
purpose of such inspection, subject to the explicit condition that the Bidder, his
personnel or agents will release and indemnify the Owner and his personnel
and agents/consultant from and against all liabilities in respect thereof and
will also be responsible for personal injury (whether fatal or otherwise), loss of or
damage to property and any other loss, damage, cost and expenses incurred as a
result thereof. During such visits the Bidder shall abide by all the rules and
regulations, as applicable.

3.4 Bidder may contact in advance with the following person for site visit purpose:

Name : Mr. N. Sita Ramaiah - EIL RCM


Address : Resident Construction Manager
Engineers India Limited
Pachpadra Tehsil in Barmer District,
Rajasthan-India.
Mobile No. : +91 8590785227
E Mail : ns.ramaiah@eil.co.in
nsr5345@gmail.com
eilhrrlsite@gmail.com

Name : Mr. N. Baladhandayuthapani - HRRL RCM


Address : Resident Construction Manager
HPCL Rajasthan Refinery Limited
Pachpadra Tehsil in Barmer District,
Rajasthan-India.
Mobile No. : 9704990675
E Mail : bala@hpcl.in;

4.0 ENTRY OF FOREIGN NATIONALS TO REFINERY PREMISES


4.1 Bidders are requested to note the followings with regard to entry of Foreign
Nationals to Refinery Premises in relation to subject tender:

4.2 It may please be noted that all the refineries are declared as “prohibited place”
under Official secrets Act 1923, where entry of personnel is restricted/conditioned. It
may also be noted that the visa to be issued by Govt. of India, normally contains the
clause towards no permission for entry/visit to such place, a default condition which
if not removed/struck-off by visa issuing authorities, will create
impediment/restriction in movement of personnel of foreign origin deployed at a
particular Refinery, to carry out an activity in terms of engagement/contract with M/s
HPCL Rajasthan Refinery Limited. The same should be kept in mind while
submitting request for issue of visa by your office.

5.0 BIDDING DOCUMENTS


5.1 The bidder is expected to examine the Bidding Documents, including all
instructions, FORMs, terms and conditions of Contract, specifications, drawings and
other documents and to fully familiarize itself with the requirements of the Bidding
Documents. Failure to furnish all the information required by the Bidding
Documents or the submission of a bid not substantially responsive to the
Engineers India Limited (EIL)

Page 53 of 13748
INSTRUCTIONS TO BIDDER
(ITB)
Rev 0 Page 5 of 35

Bidding Documents in every respect may result in the rejection of the Bid.

5.2 Throughout this Bidding Document, the term "bid" and "tender" and their derivatives
("bidder/ tenderer", "Bid/tender", "bidding/tendering", etc.) are synonymous, and
day means calendar day. Singular also means plural.

5.3 Bidding Document once issued in case of limited competitive bidding is non-
transferable. However, in case of Open Competitive Bidding, since the Bidding
Document is available for free downloading on the portal
https://eprocure.gov.in/eprocure/app., any bidder may submit the Bid and the
same shall be evaluated in line with the provisions of the Bidding Document.

5.4 Bidders shall treat the Bidding Documents and contents therein as strictly
confidential.

5.5 The Bidding Document is and shall remain the exclusive property of the Owner/EIL
without any right to Bidder to use them for any purpose except for the purpose of
bidding.

5.6 Although all the details presented in this Bidding Document have been compiled
with reasonable care, the bidder is expected to examine the Bidding Document,
including all instructions, forms, terms, specifications and drawings in the Bidding
Document including all the documents as per Table of Contents/Master Index. In
case of any ambiguity or incompleteness, the bidder must bring it to the attention of
CONSULTANT immediately and prior to submission of Bid.

6.0 PRE-BID MEETING


6.1 Bidders in their own interest are advised to take part in the pre-bid meeting
seriously by issuing their genuine queries and also by attending the pre-bid meeting
by their competent personnel. This will help bidder not only to cut short of the
evaluation time leading to requirement of shorter bid validity but also enable them to
submit their best prices based on the clear techno-commercial scope.

6.2 Bidder’s authorized representative(s) shall attend the pre-bid meeting on the
prescribed day at the given venue as per details indicated in IFB. During the pre-bid
meeting, technical and commercial issues shall be discussed and Bidders shall
ensure that the bid received subsequent to pre-bid meeting shall be without any
deviations to terms and conditions. Hence, bidders shall treat the pre-bid
meeting as utmost important and depute competent & senior person capable
of taking on the spot decision to sort out the technical and commercial
queries.

6.3 In case any bidder does not attend the pre-bid meeting, it shall be deemed
considered that the bidder has a clear understanding of the scope & terms &
conditions of the Bidding Document and does not have any comments/
deviations to the requirements of the Bidding Document.

6.4 In order to ensure fruitful discussions during pre-bid meeting, the bidder is
requested to submit any queries/clarification/information pertaining to
Bidding Document in writing delivered by e-mail/courier as per format enclosed in

Engineers India Limited (EIL)

Page 54 of 13748
INSTRUCTIONS TO BIDDER
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the Bidding Document so as to reach at least four working days prior to Pre-bid
meeting. These queries shall be replied during pre-bid meeting. The editable soft
copies (in table form) of the queries shall also be e-mailed to concern person as
specified in IFB to enable EIL/Owner to prepare replies to the queries against each
query in the same format expeditiously.

6.5 The bidders are required to participate in the pre-bid meeting after going through
the entire Bidding Document along with BQC. Bidder shall come with all
technical and commercial points on which they need clarifications and also to
ensure that they possess all the supporting documentation for meeting the
BQC. In case of any doubt, they may discuss the same during the meeting to avoid
any techno-commercial clarifications/ discussions post bid.

6.6 The outcome of the pre-bid meeting, including the essential questions raised and
the responses given by EIL/Owner shall be compiled as expeditiously as possible
and shall be uploaded on the e-tendering website if so required. After pre-bid
meeting, EIL/Owner at its discretion may not entertain any further queries
from the bidders.

6.7 Any modification in the Bidding Document, which may become necessary as
a result of the pre-bid discussion, shall be issued in the form of an
Addendum/Amendment, which shall be uploaded on e-tendering website and
the same may be downloaded by the bidder from the said e-tendering website
and shall be considered for submission of Bidder’s Bid.

6.8 Based on the pre-bid discussions, techno-commercial compliance shall be


signed and submitted by the bidders as part of their offer. After pre-bid
meeting, Bidders are expected to submit their Bids compliance to the
provisions of Bidding document including the Addendum (if any) and
EIL/Owner reserves its right not to accept any deviation and if any deviation is
submitted in the bid, their offers may be liable to be rejected.

6.9 After bid opening, deviation may not be accepted. Bidder in their own interest shall
submit Bid fully complying to Bidding Document requirements and EIL/Owner shall
reserve the right to proceed with the available compliant bids for evaluation and
Technical Queries (TQ)/ Commercial Queries (CQ) may not be issued once the bid
has been opened. However, wherever TQ/CQ are unavoidable, EIL/Owner at its
discretion may issue TQ/CQ for bidder to reply within the cut-off date along
with all relevant documents/information/clarification/confirmation as required
with the TQ/CQ reply(ies). EIL/Owner reserves the right not to consider any reply
after the cut-off date to complete the bid evaluation process.

6.10 Extension in bid due date shall not generally be granted due to tight Project
Schedule.

6.11 Non- attendance of the pre-bid meeting will neither be a cause for
disqualification of the bidder nor a cause for bidder’s ignorance to submit the
bid as per provisions of the bidding document and latest information
uploaded in the Central Public Procurement Portal (CPPP)/Website of
Government of India/ NIC Portal https://eprocure.gov.in/eprocure/app .
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7.0 AMENDMENT OF BIDDING DOCUMENTS


7.1 At any time prior to the deadline for submission of bids, EIL may, for any reason
whether at his own initiative or in response to the clarification requested by the
prospective bidder(s), issue amendment in the form of Amendment/ Addendum

7.2 Any Addendum /Amendment/ Corrigendum/extension in bid due date/ Clarifications


(if any) etc. which are applicable to all bidders, shall be hosted on the above
Central Public Procurement Portal (CPPP) of Government of India.

7.3 Any Addendum/ Amendment thus issued shall become part of Bidding Document.
Bidder shall submit a copy of the Addendum/Amendment duly signed and
stamped along with all relevant documents/information (if applicable as per
Addendum) in token of their acceptance. Failure of the Bidder to submit Bid without
taking cognizance of Amendment issued by EIL/Owner shall be liable for rejection.

7.4 Generally intimation of uploading of documents in website is sent to the


bidders in their e-mail id as registered by the Bidder for this tender in the CPP
Portal. It is the responsibility of the bidder to check and use current and valid
email id. However, Bidder should regularly visit the website to keep themselves
updated.

7.5 Bidders shall examine the Bidding Documents thoroughly and inform the EIL/Owner
of any apparent conflict, discrepancy or error, so that the OWNER may issue
appropriate clarification(s) or amendment(s), if required.

7.6 EIL/Owner may, at its discretion, extend the date of submission of Bids in
order to allow the bidders a reasonable time to furnish their most competitive
bid taking into account the amendments issued.

7.7 EIL/Owner may also for any reason issue amendment subsequent to
receiving the bids. Any amendment thus issued shall become part of Bidding
Document. Bidder shall follow the instructions issued along with Amendment with
regard to submission of impact on quoted price in the form of Price Implication or
revised price as instructed.

8.0 LANGUAGE OF BIDS


8.1 The Bid prepared by the bidder, all documents attached to and/or relating to the bid
and all correspondence exchanged by the Bidder shall be written in English
language only.

8.2 Any printed literature furnished by the bidder may be written in another language
provided that this literature is accompanied by an authenticated English
translation, in which case, for purpose of interpreting the Bid, the English
translation shall govern.

8.3 In case a Bidder/Member(s) in case of consortium, submits any documents in any


language other than English, then it will be the responsibility of such
Bidder/Member(s) of consortium, to also provide the English translation copy of
the same duly certified as per provisions of IFB.
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9.0 SUBMISSION OF BIDS


9.1 Bid must be submitted by the bidder through e-tendering website on or before bid
due date and time mentioned in the IFB / LIB or any extension thereof as duly
notified by EIL on e-tendering website. However, Bidders are requested to not to
ask any extension in due date for submission of Bids in view of tight project
schedules.

9.2 Physical Bid, Bid through e-mail/Post/Fax/CD etc. are not permitted. The electronic
bids (e-bids) submitted online through above Central Public Procurement Portal
(CPPP) of Government of India shall only be considered for evaluation and
ordering. Bidders are required to upload the Bid along with all supporting
documents including Priced bid on above Central Public Procurement Portal
(CPPP) of Government of India only.

9.3 However, in addition to submission of e-bids as above, bidders are required to


submit in original the documents as detailed in clause 20 of this ITB and , in the
manner prescribed in the Bidding Document in sealed envelope titled “Original
Documents for respective Bidding Document No.” which should reach on or before
the e-Bid submission Due Date and time

9.4 The Bid shall be submitted in three parts viz. Part-I, Part-II & Part-III in respective
folders provided in the website.
PART-I EMD/Bid Security
PART-II Techno-commercial / Un-priced Bid
PART-III Priced Bid
Bidders to upload the EMD, Un-price and Price part of their bids strictly in the
respective folders at the designated place in the e-tendering website. Non
Compliance to the same may lead to rejection of their offer.

9.5 PART-I: EARNEST MONEY DEPOSIT /BID SECURITY


Bidder is required to upload the Scanned copy of EMD/ Bid Security as per
clause no 14.0 of ITB (to be uploaded in e-tendering portal) along with the e-
bid. EMD/Bid Security as applicable shall be submitted by the bidder in the format
attached in the General Terms and Conditions of Works Contract (GTC).

9.6 PART-II: TECHNO-COMMERCIAL/UNPRICED BID:

The bidder is required to make a proposal in a format as outlined below in order to


achieve the objective of maintaining a uniform proposal structure from all bidders.
The bid shall be submitted by uploading relevant documents in respective covers
provided in the e-tendering website.

Unpriced e-Bids folder shall contain following documents, duly signed and
stamped:

SECTION DESCRIPTION
i. Letter of submission & Synopsis of the proposal
SECTION-I

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SECTION DESCRIPTION
ii. Check-List dully filled in (Appendix-II to ITB)

iii. Power of Attorney of Bid Signatory


The bid shall be signed (e-signed) by the person duly
authorised to sign on behalf of the bidder and having valid POA
for the same at the time of e-bid submission. The digital
signature used for signing the bid shall be issued in the
name of such authorised person and the certificate details,
available from the e-signed documents, should indicate the
details of the signatories. Any consequences resulting due to
such signing (e-signing) shall be binding on the bidder.

iv. Integrity Pact Agreement including its Covering Letter duly


signed and stamped on each page (Appendix-III to ITB).

The bidder shall submit the same format of signed integrity pact
(as provided in the bidding document duly signed by HRRL) duly
filled-in, signed & stamped by the authorised signatory of bidder.

In case of Consortium each constituent of Consortium shall


submit duly signed and stamped Integrity Pact Agreement on
each page.

v. Affidavit to Integrity Pact duly signed and stamped. In case


of Consortium each member of Consortium shall
separately submit duly signed and stamped Affidavit to
Integrity Pact.

vi. Affidavit of Self certification regarding Domestic Value Addition


in Iron & Steel Products to be provided as per enclosed FORM-
1 of APPENDIX-VII to ITB

vii. Declaration of Local content: In case bidder is claiming the


PP-LC benefit, Bidder to submit Annexure- I & II to APPENDIX –
VIII in their letter head with the title ‘Declaration of Local content”
duly signed and stamped by the Bidder and certified as per the
instructions provided therein. Signed and stamped copy of PP-
LC Policy (APPENDIX – VIII) as a token of acceptance.

i. Similar experience during last 10 years [Form –N(i)]

ii. Experience details (IFB clause no. 5.1 & 5.2) for this EPCC
package [Form –N(ii)] along with supporting documents as per
SECTION-II IFB.

iii. Memorandum of Understanding between the Consortium


members (if applicable) as per requirements of the Bidding

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SECTION DESCRIPTION
Document.

iv. Parent Company: State legal name and country of residence of


direct parent company and the ultimate holding company, if any.

v. Change of Ownership: Has there been any major change of


Ownership of the establishment over the past five (5) years. If
so, kindly provide details and if not, please affirm by “NONE”.

vi. Affiliates / Associates / Subsidiary Companies: Provide details in


the form of a graphic representation to clearly identify each
of the CONTRACTOR’s Affiliates / Associates / Subsidiary
Companies and their interrelation to one another

vii. Scanned copy of authenticated documents required for meeting


the BQC requirements as per Invitation For Bid.

viii. Undertaking as per Appendix-II to IFB

ix. Self-Certification as per Appendix-III to IFB

x. Affidavit regarding Indian Establishment (if applicable) as per


APPENDIX-IX to ITB

i. Form-O : Annual Turnover, Net Worth & Working Capital Details

ii. Bidder shall submit the complete audited balance sheets and
profit and loss account along with Auditor’s Report including all
Schedules for the immediate three preceding financial years, for
evaluation and his qualification with respect to financial criteria.

In case of Consolidated financial statements, Standalone


SECTION-III financial statements along with the Standalone Auditor’s Report
of the Bidder if not available in the consolidated financial
statements, the financial statements shall be submitted along
with the Certification by Statutory Auditor as per IFB clause No.
5.5.3 or 5.5.4 depending on Bidder being a Parent Company or
Subsidiary Company.

iii. Declaration from Bank for Availability of Un-utilized Line of


Credit (If applicable) as per Appendix-I to IFB
i. One copy of the Table of Contents (also referred to as Master
Index) of the Bidding Document duly signed and stamped on
each page, in token of having received and accepted the
complete set of the Bidding Document
SECTION-IV
ii. Reply to Commercial Questionnaire (Appendix-I to ITB)

iii. Unpriced copy of Schedule of Prices duly stamped & signed

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SECTION DESCRIPTION
on each page mentioning Quoted/Not Quoted (as applicable)

iv. GST Registration certificate in Rajasthan or Undertaking in line


with SCC provision.

i. FORM-A :Form of Bid as per Proposal


ii. FORM-B: Information about the Bidder (Annexure to be
submitted for each member of consortium, in case of bids on
consortium basis)

Submission of following information as per FORM-B


a) Contractor’s Organization Chart from the upper hierarchy
level to Managers level. Indicate Group or Division who will
be responsible for execution of the EPC work and its
management team.
b) History & structure of the organisations with names of
directors & chief executives.
c) Copy of Article of Association and Memorandum of
Association of the Company and Board Resolution
SECTION-V mentioning Chairman/ Chief Executive Officer /
Managing Director of the Company.
iii. FORM-C: Declaration duly signed & stamped by the bidder in
token of having received and read all volumes of the commercial
& technical documents and having accepted and considered the
same in preparing and submitting the bid
iv. FORM-E : Compliance of Bid Requirement
v. FORM-G : Undertaking for non-engagement of child labour

vi. FORM-I: Declaration with regard to non-involvement of


Indian Agents.

vii. FORM-P : Self-Declaration

viii. FORM-Q : Declaration of Black Listing /Holiday Listing

SECTION-VI: i. FORM-J : Methodology of Execution as per Proposal.


ii. FORM-K : Details of proposed Organization for Home and
Site Office
iii. FORM-L :Deployment Schedule of construction
equipment, tools & tackles proposed for execution of work
iv. FORM-M :Deployment Schedule of Supervisory personnel
v. Project Schedule in the form of Bar Chart.
vi. Quality Assurance: A brief description of the bidder’s QA
system and a statement detailing how QA will be implemented
for the Project.
SECTION-VII i. Technical Details/ documents specified under “Technical
Information Required along with Bid”
ii. Reply to Technical Questionnaire in Technical Sections
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SECTION DESCRIPTION

SECTION-VIII i. Schedule of Exceptions and deviations (if any) to the


Commercial and Technical bid documents as per proposal
FORM F. Technical deviations must be given separately for
each discipline in FORM-F. Owner / PMC shall not take any
cognizance of any deviation /clarification written other than in
Form –F.

Any Clarification/deviation, if any stipulated, other than Form


–F shall be treated as null & void and may render the bid
liable for rejection.

SECTION-IX i. Any other information required in the Bidding Documents or


considered relevant by the Bidder

9.6.1 Bid shall be serially page numbered and indexed in detail. Wherever reference to
any document is made in support of Bidder’s qualification criteria, page number of
such document shall be clearly indicated.

9.6.2 In the event of the space on the bid proforma being insufficient for the required
purpose, additional pages may be added. Each such additional page must be
numbered consecutively, showing the bidding document number and should be
duly signed. In such cases reference to the additional page(s) must be made in the
bid.

9.6.3 The Bidders are advised in their own interest to ensure that all the points brought
out in the check list are complied with in their bid.

9.7 For convenience, the Bid shall be compiled in the form of specific Sections
conforming to the above. In case of non-submission of above documents or
submission of incomplete documents, the OWNER reserves the right not to
evaluate such offers further and not to enter into correspondence in this regard after
opening the Techno-commercial / Unpriced Bid.

9.8 PART-III (PRICE BID): Priced Bid shall be uploaded by the bidder on
designated e- tendering folder in the above e-tendering website and shall be
consist of:

S. No. Schedule of Prices Forms


I. Form of Bid (Proposal FORM-A);

II. Preamble to Schedule of Lumpsum Prices


III. Schedules of Lumpsum Prices as per formats (SP-0 to SP-
12) included in the Bidding Document, duly completed in all
respects.

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This part shall not contain any condition whatsoever failing which the Bid shall be
liable to be rejected. No stipulation, deviation, terms & conditions, presumption,
basis etc. shall be stipulated in Price Part of the bid. Any condition, if stipulated,
shall be treated as null and void and may render the bid liable for rejection.
No corrections, conditions, additions, deletions or modifications in Price Part are
permitted. All corrections in quoted rates must be signed and stamped.
9.9 Although all the details presented in this Bidding Document have been compiled
with all reasonable care, it is the Bidder’s responsibility to ensure that the
information provided is adequate and clearly understood.

9.10 The bid requirements are explicitly stated in the Bidding Documents. The Bidder is
required to study these requirements in detail & make a proposal in an outline as
defined above completely meeting these requirements. The offer must be
complete in all respects, leaving no scope for ambiguity. It is in the interest of the
Bidder to submit a complete & comprehensive proposal leaving no scope for
OWNER to raise or ask for any further questions or clarifications, with a view that
the proposal may be evaluated only on the basis of what has been submitted
by the bidder in the first instance in order to adhere to a very strict project
schedule. Bidder’s quotation is the responsibility of the bidder and no relief or
consideration can be given for errors and omissions.

10.0 BIDS ON CONSORTIUM BASIS


10.1 The Bid shall contain copy of the original Memorandum of Understanding
(MOU) between the consortium members clearly defining the Scope and
Responsibility of each member including the Prime Member (i.e. Leader) for
faithful execution of the Contract. The MoU shall state the percentage share
of Leader and the other Member of the consortium in the Lumpsum Price
(Form SP-0 of SOP). The MoU shall also state the percentage share of
Leader and the other Member of the consortium in the PWCAMC prices
(Form SP-11 of SOP). The division of responsibility/scope and share in
Lumpsum price of each member will be subject to acceptance by
OWNER/Consultant. Subsequently, the Consortium members will not be
allowed to change their responsibility/scope and share in Lumpsum price.
The distribution of works among Prime Member and the Member shall not to
be changed thereafter. The MOU shall be converted to a definitive
Agreement between the parties after award of job and before signing of
Contract which shall be done within 45 days from the date of LOA. The
definitive agreement shall be as per the provisions of Bidding Document and
the modifications in MOU accepted by EIL/Owner during Bid evaluation. The
Agreement must remain in force at least till the pendency of the
Contract as per Bidding Document. The Leader of the consortium shall
represent the Consortium in all dealings with the OWNER and for
providing any information or clarification sought from the Consortium, and
this authorization shall be evident in legally executed Power of Attorney
signed by legally authorized signatories of all the consortium members so as
to enable such representative member(s) to be in-charge and to act on
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behalf of and to bind the other member.


Payment for works under the Contract shall be made by Owner to Consortium as
per provisions of SCC.

10.2 If the one member of the consortium is an affiliate/subsidiary of the Leader/ Prime
member of the consortium then following provision shall additionally apply:

Parent Company Corporate Guarantee (PCCG) shall be provided by-


a) The Parent company of the consortium Leader and the other consortium
Member, if the Consortium comprises of Affiliates
or
b) Leader of the consortium, if Leader of consortium is the parent company and is
bidding with their subsidiary as consortium member

The consortium bids as above shall necessarily confirm compliance to the above
and submit the Parent Company Corporate Guarantee (PCCG) as per the format
enclosed in the ITB Appendix-XI, failing which bid shall be liable for rejection.

11.0 PRICE BID


11.1 For execution of scope of work as per conditions stipulated in the bidding document
the Bid price is to be filled in the formats given in Price Schedule/Schedule of
Prices. Unless otherwise permitted in the Bidding Documents, the price bid shall be
for the whole works.

11.2 The Total Lump sum Price shall be quoted in the FORM SP-0 of the Schedule of
Prices/ Price Schedule (SOP) considering the impact under Goods and Service Tax
(GST) of India, which is effective from 01.07.2017 as per Format included.

11.3 The Lump Sum Price in FORM SP-0 means aggregate of Lump Sum prices for
completing all activities as per Scope of Work defined in Technical and Commercial
Section of Bidding Document and subsequent Amendment (Technical and
Commercial).

The Lumpsum price in FORM SP-0 shall be deemed to be inclusive of all taxes
and duties, municipal taxes, IGST on built-in import content (if
applicable),statutory levies except “Goods and Services Tax” (hereinafter
called GST) (i.e. CGST and SGST applicable in case of intra state supply). The
GST as legally leviable & payable by the Contractor under the provisions of
applicable GST law(s) / act(s) shall be reimbursed by Owner according to
Contractor’s paid GST bill /invoice submitted to Owner.

Prices, taxes, duties including GST on any transaction between Contractor


and their sub-supplier/sub-contractor shall be included in the Total Lumpsum
Price quoted by the Contractor.

11.3.1 Unless stated otherwise in the Bidding Document, the Contract shall be for the total
works as described in Bidding Document, based on the Schedule of Prices
submitted by the bidder and accepted by EIL/OWNER.
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11.3.2 Bidder shall quote for all the items of Schedule of Prices after careful analysis of
cost involved for the performance of the complete item considering all parts of the
Bidding Document. In case any activity is not specifically covered in description of
item under `Schedule of Prices' but is required to complete the work as per Scope
of Work, Scope of Supply, Specifications, Standards, Drawings, General Terms &
Conditions of Contract, Special Condition of Contract or any other part of Bidding
Document, the rates/ prices quoted shall be deemed to be inclusive of cost incurred
for such activity.

11.3.3 Rates/ prices quoted by the bidder, shall remain firm, fixed and valid till the
completion of the Works and will not be subject to variation on any account except
as otherwise specifically provided in the Bidding Documents.

11.3.4 All duties, taxes, and other levies payable shall be as per Special Conditions of
Contract.

11.4 PRICE IN FORM SP-1 & FORM SP-2

11.4.1 FORM SP-1 and SP-2 shall have the limits as specified in the Preamble to
Schedule of Prices.

11.4.2 In case the price(s) quoted exceed the limits specified under clause 11.4.1
above, the excess amounts shall be paid in the Final Bill provided the total
Lumpsum Price (given in FORM SP-0) does not increase on account of such
payment.

11.4.3 It shall be the duty of the CONTRACTOR to duly observe and perform all laws,
rules, regulations, orders and formalities applicable to GST, Customs Duty, and
Custom related duties etc. on the import, manufacture, sale and/or supply of any
material to the OWNER and performance of the Works Contract Service under the
Contract. The CONTRACTOR shall keep the OWNER indemnified from and
against any and all claims, demands, prosecutions, actions, proceedings, penalties,
damages, demurrages and/or other levies whatsoever made or levied by any Court,
Tribunal or the Customs or other Authorities with respect to any alleged breach,
evasion or infraction of such duties, taxes, charges or levies or any breach or
infraction of any applicable laws, rules, regulations, orders or formalities concerning
the same and from the consequence thereof.

11.4.4 It is recognised by the OWNER that the Price of Materials may be loaded to cover
various factors other than the cost of materials, such as procurement costs and
profits as applicable including prices, taxes, duties and including GST on any
transaction between Bidder and their sub-supplier/sub-contractor in the Total
Lumpsum price quoted by the Bidder.

11.4.5 Deleted

11.4.6 In the CFR value of imported materials indicated in FORM SP-9, Bidders will be
expected to indicate the anticipated CFR value of the imported materials as
represented by the Supplier’s invoice(s).

11.4.7 The Liability of payment of excess Custom Duty on account of change in CFR

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Value referred to in FORM SP-9 shall be on Contractor’s account.

Payment for indigenous materials to the extent indicated in the Bill of Materials shall
be made on the basis of Contractor’s invoice(s) which shall, without prejudice to the
CONTRACTOR’s full obligations to the OWNER in respect of such materials,
preferably be drawn on the OWNER to whom the materials shall be consigned by
the Contractor. Payment of their Supplier’s invoices shall be made directly by the
CONTRATOR, who will be exclusively liable to pay their Supplier(s).

11.4.8 While submitting Bill of materials, Contractor shall submit back up documents to
Owner.

12.0 CURRENCIES OF BID AND PAYMENT


12.1 Currency of Bid
Bidders are allowed to quote in currencies as under:-

I. INR and /or


II. any one Foreign Currency out of USD and EURO

12.1.1 Foreign Bidders may quote prices for materials and services to be imported into
India either in Indian Rupees or in Foreign Currency or in a combination of Indian
Rupees and a Foreign Currency. Bidders shall quote the price for materials and
services to be procured from India and for expenses to be incurred in India
only in Indian Rupees.

12.1.2 Indian bidders may quote the prices for materials and services to be imported into
India in Foreign Currency. Such bidders quoting in foreign currency shall separately
indicate in a list the materials and services to be imported into India and the Foreign
Currency price payable for such materials and services.

12.1.3 For evaluation purposes, the bid price shall be converted to Indian Rupees by
converting the Foreign Currency into Indian Rupees at the Bill selling rate of State
Bank of India, New Delhi prevailing on the day of opening of the price bid. In case
the rate is not available as on the day of priced bid opening, the latest available rate
prior to the day of priced bid opening, shall be considered.

12.2 Currency of Payment : As per SCC.

13.0 INVOLVEMENT OF AGENT (IN CASE OF FOREIGN BIDDER)


13.1 OWNER shall deal directly with the CONTRACTOR abroad without involving with
Contractor’s Agent. Each bidder shall be required, along with the bid, to give a
declaration in Proposal FORM-I that no Agent is involved in the transaction.

14.0 EARNEST MONEY DEPOSIT (EMD)


The clause No. 4a) of GTC stands modified to following extent:
14.1 Bidder (Indian/Foreign) shall submit Earnest Money Deposit (EMD), if applicable, for
an amount indicated in the LIB/IFB in any of the following forms at the bidder’s
option:

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14.1.1 Demand Draft in favour of HPCL Rajasthan Refinery Limited payable at


Jaipur.

Or

14.1.2 The Bank Guarantee shall be in favour of “HPCL Rajasthan Refinery


Limited” on Indian Non-Judicial stamp paper of appropriate value from any
Scheduled bank in India as per RBI act, other than co-operative bank(s). All
bank guarantees must be unconditional and should be en-cashable on
presentation to the issuing Bank.

14.2 Bids not accompanied with EMD shall be rejected and bidder shall not be allowed to
attend the bid opening. Issuance of Bank Guarantee shall be confirmed by the Bank
directly to the Owner/EIL preferably through Structured Financial Messaging System
(SFMS), as it provides an RBI supported Integrated Platform for Bank Guarantee
Verification.

For SFMS, the Owner’s Bank Details/other information are as follows:


M/s State Bank of India, Jaipur Secretariat Branch,
Jaipur- 302005 , Rajasthan, India
Tele. No. 0141 2227241 , Fax No.: 0141 2227153
IFSC Code : SBIN0031031
SWIFT Code : SBINBB154
Account No. 61207680996
Contact Person : - R N Vashishth
Contact No. 9413370488
E-mail ID: - sbi.31031@sbi.co.in

14.3 Bidder should upload the scanned copy of Earnest money deposit (EMD) in the E-
Tendering website at designated place. Bank guarantee shall be revalidated for
extended period as required by Owner / EIL in writing. The original EMD should be
submitted to the Tender Inviting authority of EIL on or before the last date and time
of e-bid submission.

14.4 The bank guarantee in lieu of EMD shall be valid for 8 months plus 2 months
claim period from the due date/extended due date of submission of Bid.

14.5 EMD/ Bid securities of unsuccessful bidders will be returned upon placement of
order/ award. Also, EMD of late bids/ where unpriced bids not opened, shall be
returned after priced bid opening. In case of the successful Bidder, the same will be
returned after the Contract Agreement is signed and Contract Performance Bank
Guarantee is submitted. However, in case EIL/Owner decides to cancel / annul the
Tender at any stage during the bidding process but before the award of work, EMD
of the bidders shall be returned at the earliest from the date of such decision.

14.6 The EMD shall be forfeited:


i) if the information/documents submitted by the bidder in the Bid is found to
be false/forged at any stage of bidding process. or
ii) if a Bidder submits multiple bids/ alternative bids. or
iii) if a Bidder withdraws his bid during the period of bid validity , or
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iv) if a Bidder modifies his bid during the period of Bid Validity except if such
modification is solicited by OWNER/EIL in writing, or
v) if a Bidder does not accept the correction of arithmetical errors as per Sub-
Clause 23.0 of ITB hereof, or
vi) in case of a successful Bidder, if the Bidder fails, within the specified period:
a. To acknowledge receipt of Letter of Acceptance within 15 days from
the date of mailing of Letter of Acceptance.
b. To sign the Contract.
c. To furnish the Contract Performance bank guarantee / Security
deposit.
vii) Owner / EIL may at any time cancel or withdraw the Invitation to Bid without
assigning any reason and in such cases the earnest money submitted by
Bidder will be returned to him.
14.7 The successful Bidder shall be required to submit Contract Performance Bank
Guarantee (CPBG) to Owner in the manner and within the time period indicated in
SCC. Should the successful Bidder fail or refuse to sign the Agreement and/or
furnish the Contract Performance Bank Guarantee within the specified period, the
earnest money shall be forfeited without prejudice to his being liable to any further
loss or damage incurred in consequence by Owner.

14.8 Deleted.

14.9 Bids not accompanied with EMD shall be rejected. However, EMD shall not be
required to be submitted by Micro & Small units registered with District Industries
Centers or Khadi and Village Industries Commission or Khadi and Village Industries
Board or Coir Board or National Small Industries Corporation or Directorate of
Handicrafts and Handloom or any other body specified by Ministry of Micro, Small
and Medium Enterprises (MSME) as well as by Indian Central Public Sector
Undertakings (PSUs)/ Enterprises (PSEs).

14.10 Industries registered with MSEs shall provide necessary documentary


evidence duly certified by statutory auditor or notary public as per bidding
document, whereas PSUs shall submit declaration to this effect in their letter head
that they are PSU and upload the scanned copies at the designated place in the e-
procurement website.

14.11 Exemption of EMD will be applicable as mentioned above provided that


certificate issued by the competent authority is valid on the date of Un-priced
Bid Opening in case of MSEs. The Bank Guarantee shall be correspondingly
extended if the validity of the bid is extended.

14.12 Owner/PMC shall not pay any interest, commission, bank charges on EMD
furnished. Further, in case bank guarantee submitted is found to be fake, bid
of such bidder shall be rejected and may initiate action as deemed necessary as
per EIL / OWNER Policy.

14.13 In case of Consortium, EMD shall be submitted by Prime Member of


Consortium in INR in case Prime member is Indian and in USD in case Prime
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member is Foreign.

15.0 PERIOD OF VALIDITY OF BIDS


15.1 Bids shall remain valid for 8 (Eight) months after the deadline for bid submission. A
bid valid for a shorter period may be rejected by the OWNER as non-responsive.

15.2 Notwithstanding the above, the OWNER may solicit the bidder’s consent to an
extension of the period of bid validity. The request and the responses thereto shall
be made in writing.

15.3 If the bidder agrees to the extension request, the validity period of the bid security/
EMD shall also be suitably extended, in case it is submitted in the form of Bank
Guarantee.

15.4 A bidder may refuse the request for extension of validity of the Bid. In such case
bidder will be allowed to withdraw his bid without forfeiting his bid Security.

15.5 A bidder accepting the request for extension shall not be permitted to modify
his bid because of the extension including change in prices, unless
specifically invited to do so. If a Bidder still deviates or changes prices, its bid
shall be rejected.

16.0 MULTIPLE / ALTERNATIVE BIDS


16.1 A bidder (i.e. the bidding entity) shall, on no account submit more than one bid
either directly (as a single bidder or as a member of consortium) or indirectly (as a
sub-contractor) failing which following actions shall be initiated:

a) All bids submitted by such bidder (say ‘A’) either as a single bidder or as a
consortium, shall stand rejected and BID SECURITY/EMD, if any, in case of
all such bids submitted by bidder ‘A’ shall be forfeited.

b) If another bidder (say ‘B’) has proposed bidder ‘A’ as a sub-contractor then
bidder ‘B’’s bid shall also be rejected. However, in case the bidder ‘B’ has
also proposed an alternative sub-contractor who is other than the bidder ‘A’,
then bidder ‘B’’s bid shall be evaluated with the proposed alternative sub-
contractor only. Hence, every bidder shall ensure in his own interest that his
proposed sub-contractor is not submitting alternative/ multiple bids.
Wherever a bidder proposes a sub-contractor, consent/ MOU with the sub-
contractor shall be enclosed.

16.2 Alternative bids are not acceptable.

17.0 SIGNING OF BID


17.1 The e-bid shall be digitally signed (e-signed) using the digital signature of a
person duly authorised to sign on behalf of the bidder. The digital signature
used for signing the bid shall be issued in the name of such authorized person and
the certificate details, available from the signed documents, should indicate the
details of the signatories. All documents/files of the bid shall be signed by using
the digital signature issued in the name of the person having valid Power of
Attorney (POA) at the time of bid submission. Any consequences resulting due
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to such signing (e-signing) shall be binding on the bidder.

17.2 In case of a unincorporated JV/Consortium bid (If permitted in the bidding


document), the Bid shall be digitally signed (e-signed) using the digital signature of
the authorized representative of the Prime member/Leader of the
unincorporated JV /Consortium, and so as to be legally binding on all the
members as evidenced by a power of attorney signed by their legally authorized
representatives

17.3 Bidder shall clearly indicate their legal constitution and the person signing the Bid
shall state his capacity as also the source of his ability to bind the Bidder. The
Power of Attorney or Authorization or other document constituting adequate proof of
the ability of the signatory to bind the Bidder, shall be annexed to the POA. Owner
may reject outright any Bid unsupported by adequate proof of the signatory’s
authority.

17.4 Owner shall not be bound by any Power of Attorney granted by the Bidder or
changes in the constitution of the Company made subsequent to submission of the
Bid or after the award of the Contract. Owner may, however, recognise such Power
of Attorney and changes after obtaining proper legal advice, the cost of which will
be borne by the Bidder.

17.5 The cancellation of any document such as Power of Attorney, Partnership Deed,
etc. should be promptly communicated by the Bidder to the Owner in writing well in
time, failing which Owner shall have no responsibility or liability for any action taken
by Owner on the strength of the said documents

18.0 E-TENDERING

18.1 Methodology for e-tendering and Procedure for obtaining Digital Signature by
Foreign Vendors/Bidder shall be as per attached Appendix-IV to ITB. Bidders are
requested to get acquainted with the E-Tendering Website and the formalities and
load their Bid well within the time (extended time in case of extension of bid
submission date) provided for bid submission to avoid last minute hassles.

18.2 Bidders in their own interest are requested to register on e-Tendering portal and
upload/submit their bid well in time. Bidders should avoid the last hour rush to the
website for registration of User I.D. & Password, enabling of User I.D. and
mapping of Digital Signature Serial Number, etc. since this exercise require
activities from EIL & the Service Provider and needs time. In the event of failure in
bidder’s connectivity with EIL/Service Provider during the last few hours prior to bid
submission time, bidder is likely to miss the deadline for bid submission. EIL/Service
Provider shall not be held responsible for such failure to submit the Bid. Any due
date extension request due to aforesaid reason shall also not be entertained.

18.3 Bidders are requested to obtain/seek clarifications, if any from EIL and/or EIL’s
Authorised Service Provider, whose contact information is provided in the
Appendix-IV to ITB.

18.4 EIL/Owner shall not be responsible for any failure of Bidder to upload the bid for
reasons other than any problem in e-tendering website.
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19.0 ENROLMENT OF BIDDER TO CPP PORTAL

19.1 Various links such as “Help for Contractor”, “Information about DSC”, “FAQ”,
“Resources Required”, “Bidders Manual Kit” etc. are available on home page of
https://eprocure.gov.in/eprocure/app facilitating Bidders to participate in the
bidding process. Bidders are advised to download & utilize the available
information/documents under these links for activities like Registration in CPPP,
obtaining User ID & Password, uploading & submission of e-bids etc. Bidders are
advised in their own interest to carefully go through Instructions for E-tendering and
other related document available against various help links so as to ensure that bids
are uploaded in E-tendering website well before the closing date and time of bid
submission.
19.2 The above CPP Portal mandates that the bidders are to be registered on the portal
before any enquiry can be issued to them. The enquiry can be downloaded by the
bidders from the above e-Procurement website as soon as their registration is
completed in the above e-procurement (NIC/CPPP) Portal.
19.3 All those bidders who have still not registered on the above NIC Portal are required
to register on the same (immediately after issue of enquiry on EIL portal but not
later than ten days before the bid due date) for facilitating issue of enquiry to them
on the NIC Portal failing which it will not be possible for them to upload their bids.
Pursuant to registration, the bidders are also required to login in EIL tender portal
and update NIC’s registration details and inform the undersigned regarding the
same for the subject enquiry.
19.4 In any case, the enquiry shall be issued on NIC portal to NIC registered bidders
about one week before the bid due date. Therefore, all those bidders who have not
complied with the above registration requirements will not be issued this enquiry on
NIC portal and will not be eligible to bid. Request for extension in due date of
submission of bids due to non-registration or delayed registration in NIC portal shall
not be entertained.
19.5 The bid has to be necessarily submitted on the NIC Portal and only those bidders
who are issued the enquiry through NIC Portal will be eligible to submit their bids.
In case a bidder does not register on the NIC Portal and as a consequence, cannot
be issued the enquiry through NIC Portal, it shall be deemed that he is not
interested in bidding against this enquiry and no further correspondence will be
entertained.
19.6 EIL shall be issuing all enquiries through NIC Portal alone and bidders who do not
register with NIC Portal may not be able to submit their bids. Therefore, it is in the
interest of the bidders that they register on the NIC Portal at the earliest.
19.7 The bidder registration on NIC Portal is a very user friendly process. However, in
case of any doubt, the bidder may contact as per the details given in NIT.
20.0 SUBMISSION OF ORIGINAL DOCUMENTS (IN HARD COPY)

20.1 The following documents shall be submitted in ORIGINAL, within the e- Bid
due date and time of submission as mentioned in the above CPP Portal, in a
sealed envelope, with proper index and covering letter in bidder’s letter head. The
envelope shall be titled “EMD, SIGNED INTEGRITY PACT AND POA” with the
Name of the Work, Bidding Document No., Name of the Project etc. along with the
Bidder’s name and address with contact no. etc. and shall be submitted to the
address at clause 20.3:

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i) Power of Attorney in favour of signatory of the Bidder


ii) EMD/Bid Security as per Clause 14.0 herein.
iii) Integrity Pact Agreement and Affidavit to Integrity Pact duly signed and
stamped on each page by the signatory holding Power of Attorney.
iv) The Bidder shall submit the same format of signed Integrity Pact (as
provided in the Bidding Document duly signed by HRRL) duly filled-in,
signed & stamped by the authorised signatory of Bidder.
v) Affidavit of Self certification regarding Domestic Value Addition in Iron &
Steel Products to be provided as per enclosed FORM-1 of APPENDIX-VII to
ITB.
vi) MOU in case of Consortium and Engineering Sub-contractor (as per
provisions of the Bidding Document) as applicable.
vii) Any other document to be submitted in original as per Bidding Document.

viii) Affidavit regarding Indian Establishment (if applicable).

20.2 If the Bidder is unable to submit the Earnest Money Deposit/Bid Security, in
original within the Bid due date and time (i.e date and time of submission of e-
bid on CPP Portal), in spite of the fact that scanned copy of the same has
been uploaded in the above CPP Portal, bid of such bidders shall be rejected.

Similarly, if scanned copy of the EMD has not been uploaded in the above
CPP Portal by the Bidder, in spite of the fact that Bidder has submitted the
original EMD within the Bid due date and time (i.e date and time of
submission of e-bid on CPP Portal), bid of such bidders shall be rejected.

20.3 The address for submission of original documents is as follow :

DAK RECEIPT SECTION,


ENGINEERS INDIA LIMITED
R&D COMPLEX, SECTOR-16 (On N.H.-8)
TOWER-12 (1st FLOOR),
GURGAON-122 001
HARYANA (INDIA)
Attn.: Mr. Biswajit Mandal, SGM (SCM)
Tel No.: +91-124- 3802085

20.4 Each envelope shall indicate name, address, contact details with email Id of the
bidder to enable the bid to be returned unopened, if required.

20.5 If the envelope is not sealed and marked as above, the Owner / EIL will assume no
responsibility for the misplacement or premature opening of the bid.

20.6 Document submitted in physical form shall be the exact copy of the documents
uploaded on the above CPP Portal.

21.0 BIDDING DOCUMENTS AND DEVIATIONS

21.1 The Detailed IFB along with Qualification Criteria , Non-Disclosure Agreement
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(NDA) and bidding document (except Technical Part) can be viewed/


downloaded from the above e-Tendering website

21.2 Bidder is required to execute a Non- Disclosure Agreement (NDA) before they can
view/download technical part of the bidding document from the e-tendering website.
Bidder to note that submission of duly signed and stamped NDA strictly as
per the format included in this Bidding Document without any deviation is
mandatory, failing which Bidder(s) shall not be able to view/download technical part
of Bidding Document.

22.0 DEADLINE FOR SUBMISSION OF BIDS

22.1 The e-bid must be submitted on or before the date and time of submission specified
in the Letter Inviting Bid (LIB) / Invitation for Bids (IFB), as applicable.

22.2 EMD in accordance with ITB 14.0 and 20.0, in original, must be received by EIL at
the designated address and no later than the bid due date/extended bid due date (if
any) and time for Bid submission .

In case of exemption of EMD for MSEs/PSU, the copy of documentary


evidence/declaration is required to be submitted on or before time of submission of
e-bid on CPP Portal.

22.3 EIL/Owner may, at its discretion, extend the deadline for the submission of bids by
amending the Bidding Documents in accordance with Clause 7.0 of ITB, in which
case all rights and obligations of EIL/Owner and bidders previously subject to the
deadline shall thereafter be subject to the deadline as extended.

23.0 PRICES TO BE IN FIGURES AND WORDS

23.1 The bidder shall fill the Schedule of Lumpsum Prices both in figures as well as in
words in the Price Schedule forming part of the Bidding Documents. The tendered
amount for the work shall be entered in the Price schedule and duly signed by the
bidder.

23.2 When there is a difference between the prices in figures and words, the price in
words shall prevail.

23.3 In case of any contradiction between lumpsum price mentioned in SP-0, and the
break up of lumpsum price mentioned in SP-1, SP-2, SP-3, SP-4, SP-5, SP-6, the
Prices indicated in FORM SP-0 shall be Final & Binding and shall be
considered as “Total Lumpsum Contract Price” for complete Scope of Work
and Break-up of Prices shall be reworked to match with Prices as per Form
SP-0.

23.4 In case of contradiction between Break up of Prices as per Form SP-1,SP-2 and
SP-3 and further Breakup of prices as per Form SP-4, SP5 and SP-6, following
order of precedence shall apply :

(i) SP-1, SP-2, SP-3.


(ii) SP-4, SP-5, SP-6.
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24.0 CORRECTIONS
24.1 Bidders are required to fill in the tender documents with due care so as to avoid any
cuttings/corrections/alterations in the entries made in the tender papers.

25.0 LATE BIDS/ UNSOLICITED BIDS / BID SUBMISSION AT OTHER PLACE

25.1 No bid will be accepted after the deadline of submission of bid.

25.2 E-tendering system shall close immediately after the deadline for submission of bid.

25.3 Unsolicited bids or bids being submitted/ uploaded to address other than one
specifically stipulated in the Bidding Document will not be considered for opening /
evaluation / award.

26.0 MODIFICATION AND WITHDRAWAL OF BIDS

26.1 The Bidder may modify or withdraw its Bid after the Bid's submission but prior to the
due date prescribed for submission of Bids by selecting the “Re-Submission” option
available in the e-tender portal.

26.2 No bid shall be modified subsequent to the deadline for submission of bids.

26.3 No bid shall be allowed to be withdrawn in the interval between the deadline for
submission of bids and the expiration of the period of bid validity specified by the
bidder. Withdrawal of a bid during this interval shall result in the forfeiture of bidder's
EMD/Bid security.

26.4 There are two specific features in Central Public Procurement Portal (CPPP) viz,
“Withdraw” and “Re-Submission”. Bidders should not use the feature “withdraw”
unless they have decided to withdraw their bids. It is to be noted that once
“withdraw” feature is used they will not be allowed to re-submit their bid against this
Bidding Document. In case a Bidder desires to change his bid for any reason before
bid due date, Bidder shall use “Re-Submission” feature.

27.0 OPENING OF UNPRICED BIDS

27.1 The Unpriced Bids shall be opened online through e-tendering portal, in the
presence of Bidder’s representative(s) duly authorized to attend such opening by a
person competent and having the Power of Attorney to bind the Bidder. The
Bidder’s representative(s) who choose to attend and are present shall sign a
register evidencing their attendance.

27.2 The Bidder’s names and the presence or absence of the requisite Bid Security, will
be announced and recorded at the opening.

28.0 CLARIFICATION OF BIDS

28.1 A substantially responsive Bid is one that meets the requirement of bidding
document without any deviation as more specifically defined in clause 30.1 below.
It is expected that bidders will submit bids based on the terms and conditions and
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specifications contained in the Bidding Document and will not stipulate any
deviations/clarification etc. Bidders shall confirm compliance to Bidding Document
as per FORM E. Should it, however, become unavoidable, deviations should be
separately and specifically stipulated only in the prescribed Proposal FORM-F.
OWNER reserves the right to reject any bid containing unacceptable deviation(s) as
non-responsive.
28.2 Bidders should ensure that the Bid submitted is substantially responsive Bid in the
first instance itself. Evaluation may be completed based on the content of the Bid
itself without seeking any subsequent additional information which may result in
rejection of Bid. However, EIL / OWNER may, at its discretion, may request bidder
to submit the necessary information or documentation, within a reasonable period of
time, to withdraw material deviation, reservation, or rectify omission in the bid
related to documentation requirements. Requesting information or documentation
on such account shall not be related to any aspect of the price of the Bid.
EIL’s/Owner’s request for clarification and the response shall be in writing.

28.3 No change, including any unsolicitated increase or decrease, in the prices or


substance of the bid shall be sought, offered, or permitted. Bidder shall not be
allowed to submit any price implication or revised price after submission of Bid
unless the same is called for by EIL/ Owner in writing.

28.4 Any clarification submitted by a bidder that is not in response to a request by


EIL/Owner shall not be considered. Failure of the bidder to comply with the request
may result in the rejection of its Bid.

28.5 If a bidder does not provide clarifications of its bid by the date and time set in
EIL’s/Owner’s request for clarification, Owner/EIL reserves the right to evaluate the
bid with available information which may result in rejection of their bid.

28.6 If desired by the EIL/Owner, the Bidder shall be prepared to give presentation on
salient features of his bid including but not limited to Project Execution
Methodology.

29.0 TECHNO-COMMERCIAL EXAMINATION OF BIDS

29.1 Prior to price opening of bids, EIL will determine whether each bid is accompanied
with required Bid Security, Integrity pact, as applicable;
29.1.1 Fulfils the technical, financial, experience and other requirements as
specified in the Bidding Document;
29.1.2 Considering any clarifications and/ or requirement pursuant to
clause No. 28 of ITB
29.1.3 Any other relevant factor, if any that EIL / OWNER deems necessary
or prudent to be taken into consideration.
29.2 EIL / OWNER reserve the right to use in-house information for assessment of
capability of bidder and their performance on jobs completed/ in progress for
evaluation purpose.

30.0 BID EVALUATION CRITERIA


30.1 Prior to detailed bid evaluation, the OWNER will determine the substantial
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responsiveness of each bid with respect to the Bidding Documents. A substantially


responsive bid is one which conforms to the terms, conditions and
specification of the Bidding Documents without material deviation. A material
deviation is one which affects in any substantial way the scope, quality or
performance of the works, or which limits in any substantial way, inconsistent
with the Bidding Documents, the OWNER’s rights or the Bidder’s obligations
as envisaged in the Bidding Documents, and the rectification of which
deviation or reservation would affect unfairly the competitive position of other
bidders presenting substantially responsive bids. Further examination of only
such bids as are determined to be substantially responsive shall be taken up,
unless otherwise determined by the OWNER.

30.2 The following provisions of the Bidding Document must be adhered to


without deviations, failing which the bid shall be considered to be non-
responsive and shall be rejected.

i. Bid Security / EMD


ii. Bid Validity period
iii. Defect Liability / Guarantee Period
iv. Time Schedule for completion
v. Complete scope of Supplies/ Work.
vi. Integrity Pact Agreement.
vii. Affidavit to Integrity Pact Agreement
viii. Affidavit of Self certification regarding Domestic Value Addition in Iron
& Steel Products
ix. Price adjustment for slippage in completion ( Annexure-XIX to SCC)
x. Contract Performance Bank Guarantee ( CPBG) ( Clause No. 4.0 of SCC)”
xi. Contractor’s Liability (Clause No. 46.0 of SCC)
xii. Evaluation and Comparison of prices as per clause 33 of ITB
xiii. Any other rejection criteria specified elsewhere in the Bidding Document

31.0 COMPLETE SCOPE OF SUPPLIES/WORK


31.1 The complete scope of supplies and work/services has been defined in the Bidding
Document. Only those bidders who take complete responsibility and who bid for the
complete scope of supplies and work/services as contained in the Bidding
Document shall be considered for further evaluation.

31.2 If a Bidder submits his bid, qualifies and does not get the contract because of his
being not the lowest, he will be prohibited from working as a subcontractor for the
contractor who is executing the contract.

31.3 If the CONTRACTOR is required to engage a Sub-Contractor for any part of work,
then such Sub-Contractors shall have prior proven experience of similar work and
shall require specific approval by OWNER/PMC after award of work.

Following the notification of Acceptance of Bid, the CONTRACTOR will submit to


the OWNER for approval the details of Sub-Contractors in line with requirement of
SCC.

The list of construction Sub-Contractors proposed in the Bids by the Bidders shall
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be considered as indicative only.

31.4 If a proposed sub-contractor has been approved by the OWNER, the


CONTRACTOR shall not replace such approved sub-contractor with another sub-
contractor without obtaining the OWNER’s prior approval for the proposed
replacement.

31.5 The Bidder shall along with the bid furnish its Project Execution Plan as per the
requirement specified in the Technical section, which shall be evaluated for
technical acceptability of the Bids.

31.6 As a minimum following activities shall be performed by the CONTRACTOR directly


and shall not be sub-contracted:
a. Overall Project Management
b. Planning, Scheduling, Monitoring
c. Procurement Services including procurement (except for procurement of
cement, steel & alloy steel)
d. Quality Control
e. Construction Management
f. Commissioning
32.0 OPENING OF PRICE BID
32.1 Priced Bid of only those bidders whose bids are determined to be technically and
commercially acceptable by EIL / OWNER shall be opened. Bidders selected for
opening of their priced bids shall be informed about the date, time and place of
price bid opening
33.0 EVALUATION AND COMPARISON OF PRICES
33.1 The OWNER will determine for each bid the evaluated Bid Price by considering the
following items:
a) Total Lumpsum Price indicated in FORM SP-0
b) Loading towards GST as per Schedule of Prices (SOP) provisions as follows :
I. 60.23% of Creditable GST amount calculated as per FORM SP-8A.
II. 100% of non-creditable GST amount calculated as per FORM SP-8A.
III. 100% of Cess under GST quoted under column (D) of FORM SP-8A.
c) Loading on account of Guaranteed utility Consumption as per FORM SP-10 in
line with ANNEXURE-II to SCC
d) Conditional discount if offered by bidder shall not be considered for evaluation.
e) Prices quoted for PWCAMC (if applicable as SOP), plus following:-
I. 60.23% of Creditable GST amount calculated as per FORM SP-8B.
II. 100% of non-creditable GST amount calculated as per FORM SP-8B.
III. 100% of Cess under GST quoted under column (D) of FORM SP-8B.
f) Two years Operation and Maintenance Spares after the Defect Liability
Period shall not be considered for evaluation.
g) Any other loading if specified elsewhere in the Bidding Document.

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h) Any other Purchase Preference as specified elsewhere in the Bidding Document.


33.2 For evaluation purposes, the bid price shall be converted to Indian Rupees by
converting the Foreign Currency into Indian Rupees at the Bill selling rate of State
Bank of India, New Delhi prevailing on the day of opening of the price bid. In case
the rate is not available as on the day of priced bid opening, the latest available rate
prior to the day of priced bid opening, shall be considered.

33.3 Suo moto price change: In case of any suo-moto change in price, following shall
apply :

Stage Price Increase Price Decrease


Not Acceptable. Bid shall be
After Tender evaluation shall be done
rejected without offering any
opening of without considering suo moto
opportunity to the bidder to
unpriced bid withdraw the same. decrease.

However, Ordering shall be done


EMD shall be forfeited.
considering suo moto decrease in
case bidder is successful bidder.
Any other appropriate action,
as required, may be taken
against such bidder.
34.0 OWNER'S RIGHT TO ACCEPT/ REJECT
The OWNER also reserves the right to accept or reject any bid and to annul the
bidding process and reject all bids at any time prior to award of Contract without
incurring any liability to the affected bidder(s) or any obligation to inform the affected
bidder(s) of the ground of OWNER’s action.

35.0 AWARD CRITERIA AND NOTIFICATION OF AWARD


35.1 Subject to Clause 34.0 of ITB, the OWNER shall award single Contract to the
Bidder whose bid has been determined to be the lowest evaluated bid in line with
clause 33.0 of ITB. However, if in the opinion of OWNER/PMC, the total price or
price of certain item quoted by the recommended bidder are considered high,
OWNER/PMC may invite such bidder for price negotiation. Recommended bidder
shall attend such negotiation meetings and if requested by OWNER/PMC shall
provide the analysis of prices/break-up of amount quoted by him for any or all items
of Schedule of Prices to demonstrate the reasonability. As a result of negotiation,
bidder may offer rebate on his earlier quoted Price.

35.2 Prior to the expiration of the period of bid validity, the OWNER shall notify the
successful bidder, in writing, that its bid has been accepted. The notification letter
(hereinafter and in the Special Conditions of Contract called the “Letter of Award
(LOA)/ Fax of Acceptance (FOA)”) shall specify the sum that the OWNER will pay the
Contractor in consideration of the execution and completion of the Works.

35.3 A Letter of Award (also referred as Letter of Intent in GTC) is an acceptance of


offer by the Owner and it need not be accepted by the contractor. But the contractor
should acknowledge a receipt of the Purchase Order /Letter of Acceptance within
15 days of mailing of Purchase Order/ Letter of Acceptance and any delay in
acknowledging the receipt will be a breach of contract and compensation for the
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loss caused by such breach will be recovered by the Owner by forfeiting earnest
money deposit/bid bond.

35.4 In case of Consortium a Single Order shall be placed in the name of


Consortium clearly specifying the names of all constituents and also mentioning
that the Consortium is led by which constituent (i.e. Prime member/ Leader).

35.5 In the event of award of Contract to the Consortium, the Contract shall be signed by
each constituent of the Consortium as binding upon them. Alternatively, the Prime
Member/Leader of the Consortium may sign the Contract subject to submission of a
Power of Attorney (duly notarized) from each constituent authorizing the Prime
Member/Leader of the Consortium to sign the Contract on behalf of the individual
member of the Consortium. Irrespective of whether the Contract is signed by all the
constituents of the Consortium or by the Prime Member/Leader of the Consortium,
all the constituents of the Consortium shall be jointly and severally responsible
for faithful execution of the Contract considering the whole Contract as single
Works Contract Service.

36.0 CONTRACT AGREEMENT


36.1 Contract documents for agreement shall be prepared after the notification of Award.
36.2 Until a formal contract is prepared and executed, the notification of award along
with this Bidding Document together with the annexed documents, modifications,
deletions agreed upon shall constitute a binding contract between the successful
bidder and the OWNER.
36.3 The Contract document thus shall consist of the following:
a) Original Bidding Documents issued with its enclosures including General
Terms and Conditions, Special Conditions of Contract, drawings etc.
b) Amendment to Bidding Documents issued, if any.
c) The notification of Acceptance of bid.
d) The Detailed Letter of Acceptance and accepted price-schedule.
e) Secrecy Agreement
f) Integrity Pact Agreement
g) Contract Agreement
h) Any deviations or stipulations made and accepted by the OWNER
i) Consortium Agreement, in case of successful bidder is a consortium
j) Engineering sub-contractor agreement (if applicable)

37.0 SIGNING OF CONTRACT


37.1 The CONTRACTOR shall execute a formal Contract with the OWNER in the Form
of Contract forming part of the Bidding Document within 30 (Thirty) days from the
date of issue of Detailed Letter of Acceptance non-judicial stamp paper and of
appropriate value from the State of Rajasthan. The cost of non-judicial stamp paper
shall be borne by the CONTRACTOR

38.0 CONFIDENTIALITY OF DOCUMENTS


38.1 Bidders shall treat the Bidding Documents and contents therein as strictly

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confidential.
38.1.1 A bidder may seek clarification regarding the bidding document provisions, bidding
process and / or rejection of his bid. CONSULTANT shall respond to such requests
within a reasonable time. However, such information relating to the evaluation of
bids and recommendation of contract award shall not be disclosed to any other
persons not officially concerned with the bidding process.

38.1.2 Any attempt by a bidder to influence CONSULTANT / Owner in the evaluation of the
bids or Contract award decisions shall render their Bid liable for rejection.

38.1.3 Notwithstanding Clause 38.1.2 of ITB, from the time of bid opening to the time of
Contract award, if a bidder wishes to contact CONSULTANT on any matter related
to the bidding process, it shall done so in writing only.

39.0 INFORMATION TO BE FURNISHED BY FOREIGN CONTRACTORS

39.1 It is mandatory for the Foreign CONTRACTOR to furnish the following information
in case his receipts are subject to tax deduction at source in India:

i) PAN No. as per the Indian Income Tax requirements failing which the
CONTRACTOR shall be responsible for any additional tax deduction at
source as per the provisions of the Indian Income Tax Act/Rules and the
same shall be deducted from the payment made to CONTRACTOR.

ii) Tax Residency Certificate (TRC) containing prescribed particulars as per


the enclosed Appendix-V to ITB from the Government of foreign country in
order to claim the benefits of DTAA as per the Indian Income Tax
requirements failing which the relief under DTAA will not be available and
consequently the higher prevailing applicable rate of withholding tax will be
deducted from the payment made to CONTRACTOR (i.e., non-resident
taxpayer). The TRC shall be duly verified by the Government of the country
of which the assess claims to be a resident for the purposes of tax.

iii) In additional to TRC, bidder in order to claim the benefits of DTAA shall also
submit additional information in Form no. 10F (enclosed as Appendix-V to
ITB). Form 10F has to be signed & verified by the assesse himself.
If some information is already contained in TRC, the bidder shall not be
required to provide that information in Form no. 10F but even then Form no.
10F is required to be provided by the bidder. However, the bidder may write
Not Applicable in the relevant column in case that information is already
contained in TRC.
The above shall be furnished before release of any payment or within one
month of the release of Order, whichever is earlier failing submission of the
above information, any additional tax liability on OWNER, will be deducted
from the payment due to the bidder.

40.0 FRAUDULENT PRACTICES


40.1 The OWNER requires that Bidders observe the highest standard of ethics during
the award/ execution of Contract.

"Fraudulent Practice" means a misrepresentation of facts in order to influence the


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award of a Contract to the detriment of the Owner, and includes collusive practice
among bidders (prior to or after Bid submission) designed to establish bid prices at
artificial non-competitive levels and to deprive the Owner of the benefits of free and
open competition.

40.2 The OWNER will reject a proposal for award if it determines that the bidder
recommended for award has engaged in fraudulent practices in competing for the
Contract in question.

40.3 Bidder is required to furnish the complete and correct information/ documents
required for evaluation of their Bids. If the information/ documents forming basis of
evaluation is found to be false/ forged, the same shall be considered adequate
ground for rejection of bids and forfeiture of Earnest Money Deposit.

40.4 In case, the information/ document furnished by the Bidder / Contractor forming
basis of evaluation of his Bid is found to be false / forged after the award of the
contract, Owner shall have full right to terminate the contract and get the remaining
job executed at the risk & cost of such Bidder/ Contractor without any prejudice to
other rights available to Owner under the contract such as forfeiture of CPBG /
Security Deposit, withholding of payment etc.

40.5 In case, this issue of submission of false documents comes to the notice after
execution of work, Owner shall have full right to forfeit any amount due to the Bidder
/ Contractor along with forfeiture of CPBG / Security Deposit furnished by the bidder
/ Contractor.

40.6 Further, such bidder / contractor shall be put on Blacklist/ Holiday/ Negative List of
OWNER/EIL debarring them from future business with Owner & EIL for a time
period, as per the prevailing policy of Owner & EIL.

41.0 PROJECT SPECIFIC ACCOUNT


41.1 For the benefit of the Project, it is desired that the CONTRACTOR shall
maintain Project Specific Bank Accounts, with a bank approved by the OWNER to
ensure that finances released by the OWNER, line of credit received from the
lenders to meet working capital requirements and all revenues & other receipts
arising from the CONTRACT and under any agreements are deposited into such
Account(s). Withdrawals and appropriations during the Contract Period, at any
relevant time, from such Account(s) shall be made only for the purpose of
Project/Project Facilities and Services.

42.0 PREFERENCE TO MICRO OR SMALL ENTERPRISES

42.1 There will be no Purchase Preference to Micro and Small Enterprises/ bidder as per
Public Procurement Policy for MSEs in this tender.
42.2 For facilitating promotion and development of micro and small enterprises, EIL/
HRRL is committed to promote the procurement of supplies/ services from MSEs in
Orders/ contracts awarded by EIL/ HRRL. Accordingly, bidders are also encouraged
to promote the same by considering MSE sub-suppliers/ sub-contractors to the
extent possible under the Orders/ Contracts awarded on them by EIL/ HRRL. After
award of work, supplier/ contractor shall furnish statement along with copies of
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orders/ FOAs placed by them on their sub-suppliers/ sub-contractors who are


MSEs, to EIL Project Manager/ RCM, as applicable.

43.0 POLICY FOR PROVIDING PREFERENCE TO DOMESTICALLY (INDIAN)


MANUFACTURED IRON & STEEL PRODUCTS IN GOVERNMENT
PROCUREMENT (DMI&SP)
43.1 Ministry of steel, Govt. of India, vide their notification “The gazette of India,
Extraordinary part II no. 357 dated 09.05.2017”, notified the “Policy for providing
preference to domestically manufactured iron & steel products in government
procurement”:
43.2 The copy of above said Policy is attached as APPENDIX – VII herewith. Under the
policy, purchase of the iron & steel products covered under the said APPENDIX
shall be subject to minimum value addition as per percentage stipulated in the
Appendix A to this APPENDIX-VII. The percentage Domestic Value addition shall
be determined by formula specified in clause no. 7.2 of the above said policy.
43.3 Bidder is also required to submit “Format for Affidavit of Self certification regarding
Domestic Value Addition in Iron & Steel Products to be provided as per enclosed
FORM-1 of above APPENDIX-VII, else bid of such bidder shall be rejected.
In case of detection of mis-declaration by the bidder of the prescribed domestic
value addition, in their offer, at any stage before or after award, the following actions
shall be taken by the procuring company (Owner):

a) Forfeiture of EMD/CPBG depending upon the stage of detection.


b) Banning of business dealings in line with the policy.

43.4 In case of any complaint or doubt regarding the domestic value addition furnished
by a bidder in his bid, OWNER shall reserve the right to verify the domestic value
addition. The bidder shall provide unhindered access to his relevant records in this
regard, to the authorized representatives of OWNER.
Bidder to comply with the requirements of the Gazette. Also any change in Govt. of
India Policy in this regard is required to be followed in Totality.

44.0 PURCHASE PREFERENCE (LINKED WITH LOCAL CONTENT) (PP-LC)


44.1 Ministry of Petroleum and Natural Gas (MoPNG) has notified the “Purchase
Preference (linked with Local Content) (PP-LC)”for the procurement of goods and
services under Oil & Gas Projects in India. Under this Policy, the bidders are
allowed to avail the purchase preference linked with attaining the stipulated Local
content. The copy of above said Policy (and its amendment thereupon) is attached
as APPENDIX – VIII to this ITB.
44.2 Project owner reserves the right to allow Manufacturers or Suppliers or Service
providers, purchase preference as admissible under the prevailing policy, subject to
their complying with the requirements/ conditions defined herein and submitting
documents required to support the same.

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44.3 In order to avail the Purchase preference under this policy, bidder shall achieve
minimum Local Content (LC) of 35%. The Policy shall be implemented in the
following manner:
a) In case the lowest (L1) bidder meets the stipulated LC criteria, the order shall
be awarded to such bidder.
b) In case none of the bidders meets the stipulated LC criteria, the order shall be
awarded to the lowest bidder.
c) In case the lowest bidder does not meet the stipulated LC criteria, the bidders
shall be ranked in the ascending order of evaluated prices and next bidder
meeting minimum stipulated LC and with his evaluated price within a price
band of (+) 10% of lowest bidder’s evaluated price, shall be given opportunity to
supply 50% of the requirement by matching the lowest bidder’s evaluated price.
However, if 50% quantity works out to a fraction of quantity, the bidder shall be
considered for next higher quantity. In case the quantity cannot be split, the
order shall be placed with the entire quantity.
d) In case there are more than one bidder within the price band of (+) 10% of
lowest bidder’s evaluated price, they shall be ranked in ascending order of their
evaluated prices. The opportunity of matching the price shall be accorded
starting from the lowest bidder out of these bidders and in case of his refusal,
to the next bidder, and so on.
e) In case none of the bidders who meet the stipulated LC criteria agree to match
the lowest price, the natural lowest bidder will be awarded the job.
f) Certification of Local Content:
Manufacturers of goods and/or providers of service, seeking Purchase
Preference under the PP-LC policy, shall be obliged to certify as under:
At bidding stage:
Bidder shall furnish the percentage of the local content, taking into account the
factors and criteria listed out in the policy. These details shall be required only
at aggregate level like supply value, transport value and other heads given in
the price schedule.
The bidder claiming the PP-LC benefit shall comply the following:
 The bidder shall submit an undertaking from the authorized signatory of
bidder having the Power of Attorney along with the bid stating the bidder
meets the mandatory minimum LC requirement and such undertaking
shall become a part of the contract as per Annexure-I to Appendix-VIII.
 In cases of procurement for a value in excess of Rs. 10 crores, the
Undertaking submitted by the bidder shall be supported by a certificate from
the statutory auditor or cost auditor of the company (in the case of
companies) or from a practicing cost accountant or practicing chartered
accountant (in respect of other than companies) giving the percentage of
local content.
However, in case of foreign bidder, certificate from the statutory auditor or
cost auditor of their own office or subsidiary in India giving the percentage of
local content is also acceptable. In case office or subsidiary in India does
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not exists or Indian office/ subsidiary is not required to appoint statutory


Auditors or cost auditor, certificate from practicing cost accountant or
practicing chartered accountant giving the percentage of local content is
also acceptable.

Notes:

i) Sample formats for calculation of LC are enclosed as Enclosure-II, III & IV


of Appendix-VIII (as applicable). These formats are for bidder’s reference
only and not to be included in the bid.

ii) Bidder shall furnish the undertaking/ declaration in the enclosed


Annexure-I to Appendix-VIII in the unpriced part of the bid duly signed,
seal & stamp.

Format for providing the certification from the statutory auditor / cost
auditor / practicing cost accountant / practicing chartered accountant, is
enclosed as Annexure- II to Appendix-VIII.

iii) LC of goods shall be computed on the basis of the cost of domestic


components in goods, compared to the whole cost of product. The whole
cost of product shall be constituted of the cost spent for the production of
goods, covering: direct component (material) cost; direct manpower cost,
factory overhead cost and shall exclude profit, company overhead cost and
taxes for the delivery of goods.

iv) However, LC of service shall be calculated on the basis of the ratio of


service cost of domestic component in service to the total cost of service.
The total cost of service shall be constituted of the cost spent for rendering
of service, covering: a) cost of component (material) which is used; b)
manpower and consultant cost; cost of working facility; c) general service
cost, excluding profit, company overhead cost, taxes and duties.

The onus of submission of appropriately certified documents lies with the


bidder and the purchaser shall not have any liability to verify the contents
and will not be responsible for the same.

However, in case the procuring company has any reason to doubt the
authenticity of the Local Content, it reserves the right to obtain the
complete back up calculations before award of work failing which the bid
shall be rejected.

After award of contract:

The bidder shall submit an undertaking from the authorized signatory of bidder
having the Power of Attorney along with the bid stating the bidder meets the
mandatory minimum LC requirement and such undertaking shall become a part
of the contract.

In cases of procurement for a value in excess of Rs. 10 crore, the Undertaking


submitted by the bidder shall be supported by a certificate from the statutory

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auditor or cost auditor of the company (in the case of companies) or from a
practicing cost accountant or practicing chartered accountant (in respect of other
than companies) giving the percentage of local content.

However, in case of foreign bidder, certificate from the statutory auditor or cost
auditor of their own office or subsidiary in India giving the percentage of local
content is also acceptable. In case office or subsidiary in India does not exists or
Indian office/ subsidiary is not required to appoint statutory Auditors or cost
auditor, certificate from practicing cost accountant or practicing chartered
accountant giving the percentage of local content is also acceptable.

However, procuring company shall also have the authority to audit as well as
witness production processes to certify the achievement of the requisite local
content and/or to obtain the complete back up calculation before award of work
failing which the bid shall be rejected and appropriate action may be initiated
against the bidder.

44.4 Failure of bidder in complying with the local content post award:

In case a bidder, who has specified in his bid that the bid meets the minimum
Local Content specified in the enquiry document, fails to achieve the same, the
following actions shall be taken by the procuring company:
a. Pre-determined penalty @ 10% of total contract value.
b. Banning business with the supplier/contractor for a period of one year.

To ensure the recovery of above pre-determined penalty, payment against


dispatch/ shipping document shall be modified to the extent that the 10% payment
out of this milestone payment shall be released after completion of this milestone
as well as submission of certification towards achievement of Local Content, as
per provision of enquiry document. Alternatively, this payment can be released
against submission of additional bank guarantee valid till completion schedule,
plus 3 months or as required by purchasing company.

44.5 Purchase Preference in case where Negotiation is also required:

In case purchase preference is applicable, but negotiation is to be conducted with


L1 bidder, negotiation shall be carried out. LC-complied bidder shall be offered to
match the negotiated prices (even if, post negotiation, they are higher by more
than 10% as compared to L1 bidder provided they were within 10% of L1 bidder
as per original quoted prices).

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APPENDIX –I TO ITB

COMMERCIAL QUESTIONNAIRE

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____________________________________________________________________________________

COMMERCIAL QUESTIONNAIRE
NAME OF WORK : ____________________________________________
BIDDING DOCUMENT. : ___________________________

SL. BIDDER’s REPLY/


EIL’s QUERRY
No. CONFIRMATION
1) Please confirm that Master Index
Document along with Amendment, if
any, duly signed and stamped on
each page has been submitted along
with the Bid.
2) Confirm that all pages of the Bid have
been numbered in sequential
manner.
3) Confirm that Bid has been submitted
in as per Instructions to Bidders.
4) Confirm that you have studied
complete Bidding Document including
Technical and Commercial Part and
your Bid is in accordance with the
requirements of the Bidding
Document.
5) Schedule of Price

a. i) Price uploaded in the e-tender


portal as per instruction
given in ITB

ii) Confirm that the format is not


altered by the bidder, except
filling the prices. Currency and
information sought.
b. Confirm that price has been quoted
for all items of SOP.

c. Confirm currency(ies) of bid as


indicated in SOP

d. Confirm that deviation/ terms &


conditions are not mentioned in the
price part. In case any terms and
condition is mentioned in the price
part, the same shall be treated as null

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EIL’s QUERRY
No. CONFIRMATION
and void.

e. In case of Consortium bid price break


up details of each member has been
provided in Price bid.

6) Confirm that the price part does not


include any stipulation, deviation,
terms & conditions, presumption,
basis etc.
In case any stipulation, deviation,
terms & conditions, presumption,
basis etc. is mentioned in the price
part, the same shall be treated as null
and void.
7) Confirm your compliance to total
scope of work mentioned in the
Bidding Document.
8) Confirm your acceptance for 'SCOPE
OF SUPPLY' mentioned in the
Bidding Document.
Please note that scope of supply
mentioned in the Bidding Document
is not limitative and except for the
material (if any) specifically identified
as that to be issued by OWNER,
CONTRACTOR's scope shall include
supply of all materials required for
completion of Work irrespective of
whether such materials are
mentioned in the Bidding Document
or not.
9) Confirm your acceptance for Time
Schedule as mentioned in Annexure-I
to Special Conditions of Contract.
10) Confirm that your quoted price
includes following taxes/duties,
insurance etc: -
i) Taxes/levies as per
provisions of Bidding
Document.
ii) Insurance as per provision of
Bidding Document.
11) Confirm your acceptance for critical

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No. CONFIRMATION
stipulations of the Bidding Document
as per clause no. 30.2 of Instruction
to Bidders.
12) Confirm that your Bid is substantially
responsive to the requirements of the
Bidding Document, and you have not
stipulated any material deviation
and submitted all details as specified
in the Bidding Document.
13) Confirm that while proposing the list
of construction equipments, you have
considered the following eqpts:
- Cranes of adequate capacity
- Induction Pipe Bending Machine
- DG Sets
- Compressors
- Spray Painting Machines
- Test pumps
- Adequate nos. of Welding
Machines
- All relevant civil construction
eqpts.
- All Electrical eqpts.
- All Instrumentation eqpts.
- Batching plant
- Any other equipment required for
execution of work.
- Any other equipment specified in
the Bidding Document.
14) Confirm that you have proposed
adequate project/site organisation
with supervisory personnel having
qualification and experience as per
Annexure-IV of Special Conditions of
Contract.
15) Confirm that all costs resulting from
safe execution of Work, such as
safety induction, use of protective
clothing, safety glasses and helmet,
safety precaution taken during
monsoon, or any other safety
measures to be undertaken by the

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EIL’s QUERRY
No. CONFIRMATION
CONTRACTOR for execution of
Work are included in the Lumpsum
Price.
16) Please confirm that all safety rules &
regulations as mentioned in Bidding
Document or notified at later date by
OWNER during execution shall be
adhered by CONTRACTOR within
Lumpsum Price.
17) Confirm that the following safety
precautions shall be followed by
CONTRACTOR as mandatory:
- Use of safety goggles while
grinding
- Use of helmet/ safety shoes
- Crane movement area to be
barricaded
- Cylinders of flammable gases to
be stacked upright
- Earthing of equipment to be made
proper
- Toe boards to be provided in
scaffolding platforms
- Excavations to be properly
shored/ slopped
- Safety net for construction.
- Any other safety precautions
required for execution of work.
- Any other safety precautions
specified in the Bidding
Document.
18) Confirm the following: -
"The planning schedule, S-curves,
manpower estimates, construction
equipment deployment schedule etc;
submitted by the bidder with his bid,
are indicative and shall not be basis
for extra compensation in case actual
needs are higher.
Detailed planning schedule
developed by CONTRACTOR after
Contract award may be subject to
fluctuations depending upon actual

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No. CONFIRMATION
progress of the project and available
Work front.
Co-ordination and making available
by CONTRACTOR of all staff,
manpower, construction equipment,
tools, cranes, etc. and materials as
required for a timely completion of all
Work as per OWNER's construction
and priority schedule and in
accordance with the available Work
front are to be included in the
pricing".
Notwithstanding the above provision,
the bidder shall submit these details
in accordance with the volume of
work, which may be reviewed and
commented by OWNER/PMC during
pre award stage/ post award stage.
19) Please furnish the bio data of key
personnel including nominated
Project Director Project Manager,
Engineering Manager, Engineering
Co-ordinator, Purchase Manager,
QA/QC Manager, Commissioning
Manager, Commissioning Engineer,
etc. These will be reviewed and
approved by Engineer-in-charge.
20) Please confirm that your Lumpsum
Price includes cost towards third
party inspection if any.
21) Please note that the scope of this
Bidding Document is on Lumpsum
Turnkey (LSTK) basis, as detailed in
the Bidding Document.
The scope of work mentioned under
various sections shall not be
considered as limitative and
CONTRACTOR’s scope shall include
completion of any activities of work
not mentioned in the bid package but
required to complete the Work in all
respects and making it functional.
22) Please confirm that the
CONTRACTOR shall supply all
chemicals, consumables, first fill of
catalyst, adsorbents, absorbents
required for pre-commissioning/

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EIL’s QUERRY
No. CONFIRMATION
Commissioning/PGTR as per
provision of Bidding Document.
23) The safety measures as mentioned in
GTC/SCC shall not be considered as
limitative. The CONTRACTOR will
be required to develop their stringent
safety measures and submit the
same to Engineer-in-charge with the
provision of a dedicated safety group
closely monitoring the construction
activities in all working shifts.
24) Please confirm that your sub
contractor for construction shall be
meeting the requirements as
specified in Special Conditions of
Contract including the provision of
GTC. Also that the agency for
executing Electrical work shall have a
valid licence for carrying out the Work
in the state of Rajasthan.
25) Confirm that your bid is valid for 8
Months from the last date of
submission of bid/final Bid Due Date.
26) Bidder to confirm whether they
require the interest bearing
Mobilisation Advance as per
Annexure-X to Special Conditions of
Contract.
Note:
In case the bidder does not indicate
the requirement of Mobilisation
Advance by explicitly stating “YES” in
the above box, it shall be presumed
that the bidder does not require the
Mobilisation Advance and their offer
shall be evaluated accordingly.
27) Confirm that you have uploaded the
Bid on e-tender portal as per the
instructions given in ITB.
28) i) Confirm that the Power of Attorney
holder is the e-bid signatory
having valid digital signature
certificate
ii) Indicate the name(s) of POA
holder(s)

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SL. BIDDER’s REPLY/


EIL’s QUERRY
No. CONFIRMATION
29) Confirm type of bid Sole Bid / Consortium bid (tick one)
30) In case of Consortium Bidding
confirm the following:
a. (i)……………………………
a. Indicate names of consortium ……………………………
members and their country and
(ii)……………………………
…………………………..…
b. Payment option (in case of b. (tick one of below options)
award) i) Full payment to
consortium
ii) Full payment to prime
member (leader) of
consortium
iii) Separate payment to
prime member (leader)
And member of
consortium
c. Power of Attorney of each
member is submitted.
d. MOU between consortium
members has been provided in
unpriced bid duly signed by their
respective Power of Attorney
holders
e. The Leader of the consortium
shall represent the Consortium in
all dealings with the OWNER
and for providing any information
or clarification sought from the
Consortium, and this
authorization shall be evident in
legally executed Power of
Attorney signed by legally
authorized signatories of both
the consortium members so as
to enable such representative
member to be in-charge and to
act on behalf of and to bind the
other member.
31) In case of Consortium Bidding,
indicate name of consortium
members which shall meet the
requirement of establishment in India
in line with IFB clause 5.4.1.

(STAMP AND SIGNATURE OF BIDDER)

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Page 1 of 6

APPENDIX -II TO ITB

CONTENTS OF BID
AND
CHECK LIST
(COMMERCIAL)

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CONTENTS OF BID AND CHECK LIST

NAME OF WORK : ____________________________________________


BIDDING DOCUMENT : ____________________________________________

Bidder is requested to fill this check list and ensure that all details/documents have been
furnished under relevant sections as called for in the Bidding Document along with duly
filled in, signed & stamped.

This checklist is for guidance purpose. It shall be bidder’s responsibility to submit all
complete documents as per the requirements of Bidding Document.

Please tick the box and ensure compliance:

PART-I: EARNEST MONEY DEPOSIT /BID SECURITY


I Bank Guarantee as per format attached in Submitted
GTC or Demand Draft as per Bidding
document towards EMD/Bid Security

PART-II: TECHNO-COMMERCIAL/UNPRICED BID


(A) UNDER SECTION-I
(A.1) Letter of submission & Synopsis of the
Proposal. Submitted
(A.2)
Check-List dully filled in (Appendix-II to ITB)
Submitted
(A.3) Power of Attorney in favour of the person(s)
who has signed the bid.
Submitted
(A.4) Integrity Pact Agreement including its Covering
Letter duly signed and stamped on each page
(Appendix-III to ITB). Submitted
In case of Consortium each member of
Consortium shall separately submit duly
signed and stamped (on each page) Integrity
Pact Agreement.
(A.5) Affidavit to Integrity Pact duly signed and
stamped.
Submitted
In case of Consortium each member of
Consortium shall separately submit duly
signed and stamped Affidavit to Integrity Pact.
(A.6) Affidavit of Self certification regarding
Domestic Value Addition in Iron & Steel Submitted
Products to be provided as per enclosed
FORM-1 of APPENDIX-VII to ITB

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(A.7) Declaration of Local content: In case bidder


is claiming the PP-LC benefit, Bidder to submit Submitted
Annexure- I to APPENDIX – VIII in their letter
head with the title ‘Declaration of Local
content” duly signed and stamped by the
Bidder and certified as per the instructions
provided therein. Signed and stamped copy of
PP-LC Policy (APPENDIX – VIII) as a token of
acceptance
(B) UNDER SECTION-II
(B.1) Similar experience during last 10 years [Form
–N(i)] Submitted
(B.2) Experience details (IFB clause no. 5.1 to 5.2) for
this EPCC package [Form –N(ii)] along with Submitted
supporting documents as per IFB.
(B.3) Memorandum of Understanding between the
Consortium members (if applicable) mentioning Submitted
their area of responsibility/scope division and
percentage share in Lumpsum Price in executing
this contract on LSTK Basis.
In case of Consortium bid, the division of
responsibility/scope and share in Lumpsum price
of each member will be subject to acceptance by
OWNER/Consultant. Subsequently, the
Consortium members will not be allowed to
change their responsibility/scope and share in
Lumpsum price.
(B.4) Parent Company: State legal name and country
of residence of direct parent company and the Submitted
ultimate holding company, if any.
(B.5) Change of Ownership: Has there been any major
change of Ownership of the establishment over Submitted
the past five (5) years. If so, kindly provide
details and if not, please affirm by “NONE”.
(B.6) Affiliates / Associates / Subsidiary Companies:
Provide details in the form of a graphic Submitted
representation to clearly identify each of the
CONTRACTOR’s Affiliates / Associates /
Subsidiary Companies and their interrelation to
one another

(B.7) Scanned copy of authenticated documents


required for meeting the BQC requirements as Submitted
per Invitation For Bid ;

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(B.8) Undertaking as per Appendix-II to IFB


Submitted
(B.9) Self-Certification as per Appendix-III to IFB
Submitted
(B.10) Affidavit regarding Indian Establishment (if
applicable) as per APPENDIX-IX to ITB Submitted
(C) UNDER SECTION-III
(C.1) Form-O : Annual Turnover, Net Worth &
Working Capital Details Submitted
(C.2) Complete audited balance sheets and profit
and loss account along with Auditor’s Report Submitted
including all Schedules for the immediate three
preceding financial years, for evaluation and
his qualification with respect to financial
criteria
(C.3) Declaration from Bank for Availability of Un-
utilized Line of Credit (If applicable) as per Submitted
Appendix-I to IFB
(D) UNDER SECTION-IV
(D.1) One copy of the Table of Contents (also
referred to as Master Index) of the Bidding
Submitted
Document duly signed and stamped on each
page
(D.2) Reply to Commercial Questionnaire
(Appendix-I to ITB) Submitted
(D.3) Unpriced copy of Schedule of Prices duly
stamped & signed on each page mentioning
Submitted
Quoted/Not Quoted (as applicable)
(D.4) GST Registration certificate in Rajasthan or
Undertaking in line with SCC provision.
Submitted
(E) UNDER SECTION-V
(E.1) FORM-A :Form of Bid as per Proposal
Submitted
(E.2)
FORM-B: Information about the Bidder &
following enclosures (Annexure to be
submitted separately for each member of Submitted
consortium, in case of bids on consortium
basis) :

a) Contractor’s Organization Chart from the Submitted

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upper hierarchy level to Managers level.


Indicate Group or Division who will be
responsible for execution of the EPC work
and its management team. Submitted
b) History & structure of the organisations
with names of directors & chief executives.
Submitted
c) Copy of Article of Association &
Memorandum of Association of the
Company and Board Resolution
mentioning Chairman/ Chief Executive
Officer / Managing Director of the
Company.
Note: To be submitted for each member of
consortium, in case of bids on consortium
basis
(E.3) FORM-C: Declaration duly signed & stamped
by the bidder
Submitted
(E.4) FORM-E : Compliance of Bid Requirement
Submitted
(E.5) FORM-G : Undertaking for non-
engagement of child labour
Submitted
(E.6) FORM-I: Declaration with regard to non-
involvement of Indian Agents.
Submitted
(E.7) FORM-P : Self-Declaration
Submitted
(E.8) FORM-Q : Declaration of Black Listing
/Holiday Listing
Submitted
(F) UNDER SECTION-VI
(F.1) Methodology of Execution as per Proposal
FORM-J. Submitted
(F.2) Details of proposed Organization for Home
and Site Office FORM-K
Submitted
(F.3) Deployment Schedule of construction
equipment, tools & tackles proposed for
execution of work FORM-L Submitted
(F.4) Deployment Schedule of Supervisory
personnel, as per FORM-M
Submitted
(F.5) Project Schedule in the form of Bar Chart
Submitted
(F.6) Quality Assurance: A brief description of the

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bidder’s QA system and a statement detailing Submitted


how QA will be implemented for the Project.
(G) UNDER SECTION-VII
(G.1) Technical Details/ documents specified under
“Technical Information Required along with Submitted
Bid”
(G.2) Reply to Technical Questionnaire in
Technical Sections
Submitted
(I) UNDER SECTION-VIII
(I.1) Schedule of Exceptions and deviations (if
any) to the Commercial and Technical bid Submitted
documents as per proposal FORM F
(J) UNDER SECTION-IX
(J.1) Any other information required in the Bidding
Documents or considered relevant by the
Submitted
Bidder

PART-III (PRICE BID)


(K.1) Price bid uploaded by the bidder on
designated e- tendering folder in the e- Submitted
tendering website as per ITB

(STAMP & SIGNATURE OF BIDDER)

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HRRL’S RAJASTHAN REFINERY PROJECT (RRP) Integrity pact
Page 1 of 1

____________________________________________________________________________________

APPENDIX-III TO ITB

INTEGRITY PACT

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ANNEXURE - I
TO INTEGRITY PACT

FORMAT FOR FURNISHING AFFIDAVIT W.R.T. INTEGRITY PACT


FORMAT OF AFFIDAVIT

AFFIDAVIT OF...................................................... S/o D/o ................................................ ,


resident of ............................................................. EMPLOYED AS
............................................WITH ....................................................................................
HAVING OFFICE AT
............................................................................................................PIN ……….

I, the above named deponent do hereby solemnly affirm and state as under :-

1. That I am the authorized representative and signatory of M/s


………………………..
2. Bidding entity M/s _________ is not involved in any case of transgression in terms of
Integrity Pact submitted for Bidding Document no: --------------------------------------------
---------------------- for -------------------------------------------------------------------------------- for
RAJASTHAN REFINERY PROJECT OF HPCL RAJASTHAN REFINERY LIMITED
(HRRL).
3. I depose accordingly,

DEPONENT

VERIFICATION
I, ................................................. the deponent above named, do hereby verify that the
factual contents of this Affidavit are true and correct. No part of it is false and nothing
material has been concealed there from.

Verified at ............................... on this .......................day of ........................ 20 .........

DEPONENT

[On non-judicial stamp paper of appropriate value & duly notarized]

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APPENDIX-IV to ITB
E-TENDERING METHODOLOGY

Instructions for Online Bid Submission:


The bidders are required to submit soft copies of their bids electronically on the CPP Portal (URL:
https://eprocure.gov.in) only, using valid Digital Signature Certificates. The instructions given below
are meant to assist the bidders in registering on the CPP Portal, prepare their bids in accordance with
the requirements and submitting their bids online on the CPP Portal.
More detailed information useful for submitting online bids on the CPP Portal may be obtained at:

https://eprocure.gov.in/eprocure/app .

REGISTRATION

1) Bidders are required to enroll on the e-Procurement module of the Central Public
Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the link “Click
here to Enroll” on the CPP Portal is free of charge.

2) As part of the enrolment process, the bidders will be required to choose a unique username
and assign a password for their accounts.

3) Bidders are advised to register their valid email address and mobile numbers as part of the
registration process and submit in EIL tender portal for updation of records
(http://tenders.eil.co.in) . These details would be used for any communication from the CPP
Portal.

4) Upon enrolment, the bidders will be required to register their valid Digital Signature
Certificate (DSC) (Class II or Class III Certificates with signing key usage) issued by any
Certifying Authority recognized by CCA India (e.g. Sify / TCS / nCode / eMudhra etc.), with
their profile.

5) Foreign Bidders have to refer “DSC details for foreign Bidders” for Digital signature
Certificates requirements which comes under Download Tab at
http://eprocure.gov.in/eprocure/app and the remaining part is same as above and below.

6) Only one valid DSC should be registered by a bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSC’s to others which may lead to misuse.

7) Bidder then logs in to the site through the secured log-in by entering their user ID / password
and the password of the DSC / e-Token.

SEARCHING FOR TENDER DOCUMENTS

1) There are various search options built in the CPP Portal, to facilitate bidders to search active
tenders by several parameters. These parameters could include Tender ID, organization
name, location, date, value, etc. There is also an option of advanced search for tenders,
wherein the bidders may combine a number of search parameters such as organization
name, form of contract, location, date, other keywords etc. to search for a tender published
on the CPP Portal.
2) Once the bidders have selected the tenders they are interested in, the same can be moved
to the respective ‘My Tenders’ folder. This would enable the CPP Portal to intimate the
bidders through SMS / e-mail in case there is any corrigendum issued to the tender
document.

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3) The bidder should make a note of the unique Tender ID assigned to each tender, in case
they want to obtain any clarification / help from the Helpdesk.
PREPARATION OF BIDS

1) Bidder should take into account any corrigendum published on the tender document before
submitting their bids.
2) Please go through the tender advertisement and the tender document carefully to
understand the documents required to be submitted as part of the bid. Please note the
number of covers in which the bid documents have to be submitted, the number of
documents - including the names and content of each of the document that need to be
submitted. Any deviations from these may lead to rejection of the bid.

3) To avoid Network congestion, Bidder is recommended to upload file size of up to Maximum


35 MB per part. However, in case file size exceeds 35 MB, bidder may compress the files by
scanning with 75 dpi setting as per s.no 4 below and can use additional 25 MB space (“My
Documents”) provided to the bidder as per s.no 5 below.

4) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the
tender document and generally, they can be in PDF / XLS / RAR / DWF formats. Bid
documents may be scanned with 75 dpi with black and white option. However, Price
Schedule / SOR shall be strictly in XLS format without altering any contents of the
formats uploaded by EIL in their Bidding Document.

5) To avoid the time and effort required in uploading the same set of standard documents which
are required to be submitted as a part of every bid, a provision of uploading such standard
documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided
to the bidders. Bidders can use “My Documents” area available to them to upload such
documents. These documents may be directly submitted from the “My Documents” area
while submitting a bid, and need not be uploaded again and again. This will lead to a
reduction in the time required for bid submission process.

SUBMISSION OF BIDS

1) Bidder should log into the site well in advance for bid submission so that he/she upload the
bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay
due to other issues.

2) The bidder has to digitally sign and upload the required bid documents one by one as
indicated in the tender document.

3) Bidder has to select the payment option as “offline” to pay the tender fee / EMD as
applicable and enter details of the instrument.

4) Bidder should prepare the EMD as per the instructions specified in the tender document. The
original should be posted/couriered/given in person to the Tender Processing Section, with
in due date and time of bid submission. The details of the DD/any other accepted instrument,
physically sent, should tally with the details available in the scanned copy and the data
entered during bid submission time. Otherwise the uploaded bid will be rejected.

5) A Price Bid format has been provided with the tender document to be filled by all the bidders.
Bidders are requested to note that they should necessarily submit their financial bids in the
format provided and no other format is acceptable. Bidders are required to download the
Price Bid file, open it and complete the cells with their respective financial quotes and other

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details (such as name of the bidder). No other cells should be changed. Once the details
have been completed, the bidder should save it and submit it online, without changing the
filename. If the Price Bid file is found to be modified by the bidder, the bid will be rejected.

6) The server time (which is displayed on the bidders’ dashboard) will be considered as the
standard time for referencing the deadlines for submission of the bids by the bidders,
opening of bids etc. The bidders should follow this time during bid submission.

7) All the documents being submitted by the bidders would be encrypted using PKI encryption
techniques to ensure the secrecy of the data. The data entered cannot be viewed by
unauthorized persons until the time of bid opening. The confidentiality of the bids is
maintained using the secured Socket Layer 128 bit encryption technology. Data storage
encryption of sensitive fields is done.

8) The uploaded tender documents become readable only after the tender opening by the
authorized bid openers.

9) Upon the successful and timely submission of bids, the portal will give a successful bid
submission message & a bid summary will be displayed with the bid no. and the date & time
of submission of the bid with all other relevant details.

10) The bid summary has to be printed and kept as an acknowledgement of the submission of
the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.

RETENDER

Please note that if Tender has been retendered, than it is mandatory for the bidder to
submit their offer again on CPP Portal.

WITHDRAWAL OF BID

It may please be noted that bidders now have an additional feature of withdrawing their
bids before due date and time. After submitting the bid on the CPP Portal, if the bidder
wishes to withdraw his bid, he can do so. However, if the bidder withdraws his bid, he
will be exempted from further participation in the tender and won’t be able to submit
his bid again for that particular tender.

ASSISTANCE TO BIDDERS

1) Any queries relating to the tender document and the terms and conditions contained therein
should be addressed to the Tender Inviting Authority for a tender or the relevant contact
person indicated in the tender.

2) Any queries relating to the process of online bid submission or queries relating to CPP Portal
in general may be directed to the 24 x 7 CPP Portal Helpdesk. The contact number for the
helpdesk is 1800-3070-2232 and Mobile Nos +91-7878007972, +91-7878007973.

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Government eProcurement System

Procedure for obtaining Digital Signature by Foreign Vendors

This document gives the procedure to be followed by bidders who are resident of countries other
than India for participating in Online Tendering Activity.

As per the IT ACT 2000, all bidders who participate in the online bidding process in this site
should possess a valid Digital Signature issued by any of the Digital Signature Certificate (DSC)
vendors approved by CCA, India (https://cca.gov.in). The following document gives the procedure
that is generally followed by various vendors.

Generally, the documents that are required to be submitted by Foreign Nationals are as follows:

1. Identity Proof (ID Proof) of the person in whose name DSC has to be issued (E.g.
Passport copy)
2. Bank account statement in country of residence, duly attested by Indian Embassy / High
Commission / Consulate / Apostille in the country where the applicant is currently
located. (At least 6 months of Bank transactions) with the proof indicating the account is
owned by the Individual.
3. Copy of the Trade license attested by any one of the authorities as specified in Point 2
above.
4. As the Individual is representing the company, an Authorization on company’s letter head
as given in the form
5. Copy of the Authorization letter or invitation letter from department for the
participation in the tender by any one of the tender inviting authority.

As of now, it is learnt that GNFC, TCS, eMudhra issue DSCs with the above procedure. The
copy of the nCodes, TCS and eMudhra Format is enclosed as Annexure; the Copies of other
vendors will be made available on receipt of information from these vendors.

Note: The Information given by the vendors is attached for facilitating the Foreign Nationals to
procure DSCs from the Indian CA authorized vendors for information purpose only as shared by
the respective CA's.

Please find below the details of various vendors and procedure for obtaining DSC:

 GNFC
 Tata Consultancy Services
 eMudhra

DSC for Foreign Nationals Version 1.0

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HRRL’S RAJASTHAN REFINERY PROJECT (RRP) TRC and 10F
Page 1 of 4

____________________________________________________________________________________

APPENDIX-V TO ITB

TRC &10F

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HRRL’S RAJASTHAN REFINERY PROJECT (RRP) TRC and 10F
Page 2 of 4

____________________________________________________________________________________

[TRC CERTIFICATE]

TRC obtained by the Non-resident from Government of foreign country shall contain the following
particulars:

(i) Name of the assessee;


(ii) Status (individual, company, firm etc.) of the assessee;
(iii) Nationality (in case of individual);
(iv) Country or specified territory of incorporation or registration (in case of others);
(v) Assessee's tax identification number in the country or specified territory of residence or in
case no such number, then, a unique number on the basis of which the person is identified
by the Government of the country or the specified territory;
(vi) Residential status for the purposes of tax;
(vii) Period for which the certificate is applicable; and
(viii) Address of the applicant for the period for which the certificate is applicable;

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HRRL’S RAJASTHAN REFINERY PROJECT (RRP) TRC and 10F
Page 3 of 4

____________________________________________________________________________________

FORM-10F
ON THE LETTER HEAD
[See sub-rule (1) of rule 21AB]

Information to be provided under sub-section (5) of section 90 or sub-section (5) of section 90A of the
Income-tax Act, 1961
I. ……………………………………..... *son/daughter of Shri……………………………….. in the capacity
of …………………………...(designation) do provide the following information, relevant to the previous
year………………………… *in my case/in the case
of………………………………………………………... for the purposes of sub-section

(5) of * section 90/section 90A:—


Sl No Nature of Information : Details #
(i) Status (individual; company, firm etc.) of the assessee :
(ii) Permanent Account Number (PAN) of the assessee if allotted :
(iii) Nationality (in the case of an individual) or Country or specified :
territory of incorporation or registration (in the case of others)
(iv) Assessee's tax identification number in the country or specified :
territory of residence and if there is no such number, then, a unique
number on the basis of which the person is identified by the
Government of the country or the specified territory of which the
assessee claims to be a resident
(v) Period for which the residential status as mentioned in the certificate :
referred to in sub-section (4) of section 90 or sub-section (4) of
section 90A is applicable
(vi) Address of the assessee in the country or territory outside India :
during the period for which the certificate, mentioned in (v) above, is
applicable

2. I have obtained a certificate to in sub-section (4) of section 90 of sub-section (4) of section 90A from the
Government of . . . . . . . . . . . . . . . . . . . (name of country or specified territory outside India)
Signature: . . . . . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . .
Permanent Account Number: . . . . . . . . . . . . . . . . . . .

Verification
I. . . . . . . . . . . . . . . . . . . do hereby declare that to the best of my knowledge and belief what is stated above
is correct complete and is truly stated.

Verified today the ……………………... day of………………………………


……………………………………………………
Signature of the person providing the information
Place: ……………………….

Notes:
a. * Delete whichever is not applicable
b. # Write N.A. if the relevant information forms part of the certificate referred to in sub-section (4) of
section 90 or sub-section (4) of section 90A.

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HRRL’S RAJASTHAN REFINERY PROJECT (RRP) POA
Page 1 of 2

APPENDIX-VI TO ITB

POWER OF ATTORNEY OF
BIDDER

6 Appendix-VI -POA

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HRRL’S RAJASTHAN REFINERY PROJECT (RRP) POA
Page 2 of 2

APPENDIX – VI TO ITB

Sample Format for Power of Attorney (POA) of Bidder


(To be submitted in in non-judicial Stamp Paper of appropriate
value or as per laws of Bidder’s Country)

Name of the Work:


Bidding Document No.:
Name of the Bidder:

Know all men by these presents, We _____________________________________________


(name and address of the registered office) do hereby constitute, appoint & authorize Mr./Ms.
_____________________________________________ (name and residential address) who is
presently employed with us and holding the position of _______________________as our
attorney, to do in our name and on our behalf, all such acts, deeds and things necessary in
connection with or incidental to our Bid, including signing and submission of all documents and
providing information/responses to Owner, representing us in all matters before Owner and
generally dealing with Owner and their Consultants in all matters in connection with our Bid
including negotiation of Terms and conditions, Price negotiation, signing of Agreements, as
applicable, for the subject work.

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant
to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall
be deemed to have been directly done by us.

We further certify that vide documents reference ______________ dated _______, we have the
power to sub-delegate and issue this POA as per Company Charter

For & on behalf of


<Name of Bidder>

__________________________
Signature of person in whose favour POA is issued
Name:
Designation:
Date:

Signature attested and Accepted

_______________________ (signature)
(Name, Title and Address) of the Attorney
Designation:
Date & Seal

Note

Wherever required, the executant(s) should submit for verification the extract of the charter
documents and/or documents such as board of resolution passed for this purpose (in case of
company) in favour of the Person executing this Power of Attorney for the delegation of power
hereunder on behalf of the executant(s).

6 Appendix-VI -POA

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HRRL’S RAJASTHAN REFINERY PROJECT (RRP) DMI&SP
Page 1 of 1

____________________________________________________________________________________

APPENDIX-VII TO ITB

DOMESTICALLY (INDIAN) MANUFACTURED IRON &


STEEL PRODUCTS IN GOVERNMENT PROCUREMENT
(DMI&SP)

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HRRL’S RAJASTHAN REFINERY PROJECT (RRP) PPLC
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____________________________________________________________________________________

APPENDIX-VIII TO ITB

PURCHASE PREFERENCE (LINKED


WITH LOCAL CONTENT) (PP-LC)

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ANNEXURE – I
to APPENDIX-VIII
DECLARATION/ UNDERTAKING FOR AVAILING PURCHASE PREFERENCE POLICY

Bidders are requested to select ‘Yes’ or ‘No’ by putting ‘√’ mark against declaration column below.

Sr.
Parameter Declaration Remarks
no.

We confirm that our offer is in


compliance to Policy to provide
1 Yes / No
purchase preference (linked with local
content) as per the provision of enquiry.

We meet the mandatory minimum Local


content requirement of 35% specified
2 for claiming Purchase Preference under Yes/ No
policy to purchase preference (linked
with local content).
Note:
a) Where the total quoted value is INR 10 Crore or above, the bidder claiming the Purchase
Preference applicable under policy to provide purchase preference (linked with local content) in
addition to above format shall be required to furnish Certificate from the Statutory Auditor / Cost
Auditor / Practicing Cost Accountant / Practicing Chartered Accountant, as applicable, as per the
provision of PP-LC policy enclosed with the enquiry.

Bidder’s signature: __________________________________ (With Seal/ Stamp)

Note : This undertaking shall be certified by the authorized signatory of the bidder having the Power of
Attorney.

Page 1 of 2

Page 164 of 13748


ANNEXURE – II

to APPENDIX-VIII

CERTIFICATION BY STATUTORY AUDITOR / COST AUDITOR / PRACTISING COST


ACCOUNTANT / PRACTISING CHARTERED TOWARDS LOCAL CONTENT (FORM – H)

(IN CASE SEEKING BENEFIT UNDER PP-LC POLICY)

To,

M/s Engineers India Limited

Item : ____________________

Enquiry no. : ____________________

We, _________________________________, the Statutory Auditor / Cost Auditor / Cost Accountant /


Chartered Accountant (not being an employee / Director of the company) of M/s ____________ (name
of the bidder) having our registered office address _____________________________ hereby certify
that M/s ____________ (name of the bidder) meet the mandatory minimum Local content of _35_%
specified for claiming Purchase Preference under the policy to purchase preference (linked with local
content) in the offer no. ________ dated _________ submitted against the enquiry no. __________ by
M/s ____________ (name of the bidder).

Name of Statutory Auditor / Cost [signature of Authorized signatory]


Auditor / Cost Accountant /
Name :
Chartered Accountant:

Designation

Seal :

Membership no. :

Notes:

1. This undertaking shall be certified by statutory auditor or cost auditor of the company (in the
case of companies) or from a practicing cost accountant or practicing chartered accountant (in
respect of suppliers other than companies).

2. The above format is indicative, the Statutory Auditor / Cost Auditor / Cost Accountant / Chartered
Accountant can modify the format without changing the intent of certification.

Page 2 of 2

Page 165 of 13748


HRRL’S RAJASTHAN REFINERY PROJECT (RRP) AFFIDAVIT – INDIAN
ESTABLISHMENT
Page 1 of 1

____________________________________________________________________________________

APPENDIX-IX TO ITB

AFFIDAVIT – INDIAN ESTABLISHMENT

Page 166 of 13748


Appendix-IX to ITB

AFFIDAVIT – INDIAN ESTABLISHMENT


[On non-judicial stamp paper of appropriate value & duly notarized]

[Applicable for sole foreign bidder/ consortium of two foreign entities / consortium of one foreign & one Indian
entity / consortium of two Indian entities - delete those which are not applicable]

[The deponent must be any one out of CEO or CFO or Company Secretary or any Functional Director in
Board of Members]

FORMAT OF AFFIDAVIT

AFFIDAVIT OF...................................................... S/o D/o ................................................ , resident of


............................................................. EMPLOYED AS ............................................ WITH
.................................................................................... HAVING OFFICE AT
............................................................................................................ PIN ……………...

I, the above named deponent do hereby solemnly affirm and state as under:-

1) That, I/We, ....................................... , …………............ {Name(s) and designation}, on behalf of M/s.


............................................................ {Name of entity} do hereby declare that our company
…………………………. {Name and address} is submitting bid against Bidding Document No.
AKR/B224-………………………….. for ……………………………………………………….. {Name of
tendered work/package}, issued by M/s Engineers India Ltd. for Rajasthan Refinery Project of M/s
HRRL, as a sole foreign bidder / member of a consortium [delete the one not applicable].

2) That, M/s ………………………………………………………... {Name and address of Indian


establishment} is our operating Indian establishment which is our own establishment / subsidiary
/ affiliate [delete the one not applicable] wherein we have controlling rights (i.e. actual control or
ownership in excess of 50% voting or other controlling interest that gives the power to direct, or
cause the direction of, the management and material business decisions of the controlled entity) as
on the last day of the month immediately previous to one in which bid is invited (i.e. the issue of IFB
on e-tendering website).

3) That this Indian establishment:-

a) has been in operation for more than 7 (Seven) years reckoned from the last day of the month
immediately previous to one in which bid is invited (floated).

b) has at least 300 technical (Graduate Engineers) employees (Project management,


engineering, procurement, HSE, construction, etc.) on payrolls as the last day of the month
immediately previous to one in which bid is invited (floated).

4) I depose accordingly,

SIGNATURE OF DEPONENT

VERIFICATION

I, ................................................. the deponent above named, do hereby verify that the factual contents
of this Affidavit are true and correct. No part of it is false and nothing material has been concealed there
from.

Verified at ............................... on this .......................day of ........................ 20 .........

SIGNATURE OF DEPONENT

Page 167 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 1 of 51

APPENDIX-X TO ITB

BIDDING FORMS
FOR HRRL RRP PROJECT

10 APPENDIX-X BIDDING FORMS_RR_REV 0

Page 168 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 2 of 51

TABLE OF CONTENTS

FORM NO. DESCRIPTION

A FORM OF BID

B INFORMATION ABOUT BIDDER

C DECLARATION BY THE BIDDER REGARDING BIDDING DOCUMENT

D Deleted

E COMPLIANCE TO BID REQUIREMENT

F EXCEPTIONS AND DEVIATIONS

G UNDERTAKING FOR NON-ENGAGEMENT OFCHILD LABOUR

H FORMAT FOR BIDDERS’ QUERIES

I PROFORMA OF CERTIFICATE OF NON INVOLVEMENT OF AGENT

J METHODOLOGY OF EXECUTION

K DETAILS OF PROPOSED ORGANIZATION FOR HOME AND SITE OFFICE

L DEPLOYMENT SCHEDULE OF CONSTRUCTION EQUIPMENT TOOLS &


TACKLES PROPOSED FOR EXECUTION OF WORK

M DEPLOYMENT SCHEDULE OF SUPERVISORY PERSONNEL

N(i) SIMILAR EXPERIENCE DURING LAST 10 YEARS

N(ii) EXPERIENCE DETAILS (IFB Clause no. 5.1 & 5.2)

O ANNUAL TURNOVER, NET WORTH DETAILS

P SELF DECLARATION

Q DECLARATION OF BLACK-LIST /HOLIDAY LIST / SUSPENSION LIST/


BANNING LIST/ DELISTED LIST/ NEGATIVE LIST

Page 169 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 3 of 51

FORM-A
FORM OF BID
(TO BE SUBMITTED ON BIDDER’S LETTER HEAD)

Serial No. Date:

From
To

HPCL Rajasthan Refinery Limited


Tel Bhavan, Sahkar Marg,
Lal Kothi Vistar Jyoti Nagar,
Jaipur, Rajasthan, India, PIN – 302005

SUBJECT: BID SUBMISSION LETTER AGAINST BIDDING DOCUMENT NO.


………………………….
NAME OF WORK: ……………………………..) PACKAGE) OF M/S HPCL RAJASTHAN
REFINERY LIMITED, BARMER (RAJASTHAN) INDIA

Dear Sirs,
Having examined the Bidding Documents including Notice for Invitation for Bid, Instructions to
Bidders, General Terms and Conditions of Contract, Special Conditions of Contract,
Specifications, Technical requirements, Time Schedule, Form of Contract, Form of Bid, Price
Schedule and Amendment(s) to the Bidding Documents (if any), and having understood the
provisions of the said Bidding Documents and having thoroughly studied and understood the
requirements of HPCL Rajasthan Refinery Limited (HRRL) relative to the work for in
connection with the above work for HRRL’s Rajasthan Refinery Project (RRP) and having
conducted a thorough study of the job site(s) involved, the site conditions, soil conditions, the
climatic conditions, labour, power, water, material and equipment availability, the transport,
communication facilities and access to site, the availability and suitability of borrowed earth
areas, the availability of land and/or premises for temporary office and accommodation quarters
and all other factors and facilities and things whatsoever necessary or relevant to the
formulation of the Bid and the performance of Work, I/we hereby submit our bid/offer for the
performance of the proposed services and supplies in accordance with the terms and conditions
and within the time mentioned in the Bidding Documents at the lumpsum price quoted by me/us
in the Price Schedule(s) included in the Bidding Documents and arrived at by adding the Price
of Materials and the Price of Supplies and services in the format as per the Price Schedule. If
the Work is awarded to me/us, I/we undertake to perform the Work and make the supplies in
accordance with the Contract Documents as defined in the Form of Contract forming part of the
Bidding Documents and accept the terms and conditions of Contract as laid down therein and
undertake within 30 days of receipt of the Letter/FAX of Acceptance to deposit with the Chief
Finance Manager, HPCL Rajasthan Refinery Limited. (Rajasthan Refinery) a sum equivalent
to 10% (Ten percent) of the Lumpsum price as specified in the Letter of Acceptance by way of
Contract performance Bank Guarantee from a Scheduled Bank in India (other than cooperative
bank)/ Security deposit and Retention money as mentioned in SL.no. 4 of SCC, and to
commence work at the job site(s) involved within 30 days from the Acceptance of Bid, and to
sign the formal Contract in terms of the Form of Contract forming part of the Bidding Documents
within 30 (Thirty) days of receipt of the detailed Letter of Acceptance from or on behalf of

Page 170 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 4 of 51

HPCL Rajasthan Refinery Limited., failing which HPCL Rajasthan Refinery Limited. shall
be at liberty, without further reference to me/us and without prejudice to any of its other rights or
remedies, to terminate the Contract.
I/ We further undertake to keep my/our this Bid/offer open for a period of not less than 8 (Eight)
months from the final Bid Due Date {Bid submission End Date mentioned in IFB, if no extension
in Bid Due Date (BDD) or extended Bid Due Date in case BDD is extended}.
I/We hereby further state that I/We/None of us (in the case of partnership firm) was/were
employed as Directors of HPCL Rajasthan Refinery Limited. during the period of 2 (Two)
years immediately preceding the date hereof OR I/We hereby declare that I Shri……………….
one of our partners (in the case of partnership firm) was employed as a director in HPCL
Rajasthan Refinery Limited., during the period of 2 (Two) years immediately preceding the
date hereof and that Shri ……………………. OR I/We has/have obtained previous permission
of HPCL Rajasthan Refinery Limited. to make this Bid. I/We hereby declare that Shri
……………… one of directors was employed as a director of HPCL Rajasthan Refinery
Limited. during a period of 2 (Two) years immediately preceding the date hereof and that Shri
……………. /I/We has / have obtained previous permission of HPCL Rajasthan Refinery
Limited. to make this Bid.

I/We have annexed to this Bid the following documents:


(i) Original Power of Attorney or other proof of authority of the person who has signed
the Bid or Copy of general Power of Attorney or other authority duly certified by a
Notary Public in proof of authority of the person who has signed the Bid:
(ii) Information Regarding Bidder in the form annexed to the Form of Bid
(iii) Schedule of Prices in the prescribed form
(iv) Table of Contents (Master Index) of the Bidding documents, as issued duly signed as
a token of receipt of the complete set of the Bidding Document.
(v) Self-Declaration
(vi) Documentation against Bidder’s Qualification Criteria (Technical Experience Criteria
and Financial)” as mentioned in Instructions to Applicants for Bid Submission and
IFB.
(vii) Check List duly filled in.
(viii) Declaration of black listing/ holiday listing
(ix) Integrity Pact as per proforma included
(x) Financial details as per FORM-O along with supporting documents.
(xi) Earnest Money Deposit is submitted by BG /Demand Draft as follows:

EMD Amount BG/DD No. & Drawn on Bank& Valid up to


date Branch

(xii) Additional documents as listed below:


…………………………………………………………………………………………………

Page 171 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 5 of 51

…………………………………………………………………………………………………
…………………………………………………………………

I/We hereby undertake that the statements made herein and the information given in the
Annexures referred to above are true in all respects and that in the event of any such statement
or information being found to be incorrect in any particular, the same may be construed to be a
misrepresentation entitling HPCL Rajasthan Refinery Limited. to avoid or terminate any
resultant Contract.

I/We further undertake as and when called upon by HPCL Rajasthan Refinery Limited,. to
produce for its inspection, original(s) of the documents(s) of which copies have been annexed
hereto.
We, the undersigned warrant our competence (experience wise and financially) to faithfully
execute the entire work to the highest levels of professional standards and practice.

We also declare that in case of award of the said LSTK contract to us, we shall fully comply with
all rules, regulations and Health, Safety and Environment guidelines set forth by Owner or any
other Government body at Barmer (Rajasthan) India

We declare that we or any of our subcontractor or personnel required to work on this project,
shall have no objection in signing secrecy agreement with Owner, if so requested.

We hereby confirm that we have submitted all details as mentioned in the CHECK LIST
included in various sections and as per provisions mentioned elsewhere in the Bidding
document and all such documents are page numbered serially and flag marked for easy
identification with proper index.

Yours faithfully,
(Signature(s) of the Bidders(s))

Name & Designation of authorised person signing the Bid on behalf of the Bidder(s)
Full Name and address of the Bidder(s)

Page 172 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 6 of 51

FORM-B

INFORMATION ABOUT BIDDER


(TO BE FURNISHED WITH BID)

(To be furnished with the Bid separately for each consortium member in case of bids on
consortium basis)

1.0 IN CASE OF LIMITED LIABILITY


COMPANY OR COMPANY LIMITED BY
GUARANTEES

a) Amount of paid up capital

b) Name of Directors

c) Date of Registration of Company

d) Copies of the Balance sheet of the company


for the last 3 years.

e) Field of Business activities

2.0 IN CASE OF INDIVIDUAL

a) Name of Business and it’s Proprietor

b) Whether his business is registered.

c) Date of commencement of business.

d) Whether he pays Income Tax over


Rs.10,000/- per year.

e) Field of Business activities

3.0 IN CASE OF PARTNERSHIP

Page 173 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 7 of 51

a) Name of Partners

b) Whether the partnership is registered.

c) Date of registration of firm.

d) If each of the partners of the firm pays


income tax over Rs.10, 000/- a year and if so
which of them pays the same.

e) Age of Partners

f) Field of Business activities

(Signature & Seal of the Bidder)


Name and address of the Bidder

Page 174 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 8 of 51

Form –B(I)
INFORMATION ABOUT BIDDER
(OTHER DETAILS)
[in case of consortium bid, this form shall be submitted separately for each member of the consortium]

To
Engineers India Limited for
HPCL Rajasthan Refinery Limited
R&D Complex, Sector-16 (On N.H.-8)
Tower-1 (1st Floor),
Gurgaon-122 001
Haryana (India)

S.No. DESCRIPTION BIDDER’S REPLY

1.1 Legal Name of the Bidder(Company)

1.2 Date of Business (Company) Day Month Year


Establishment

1.3 Country of registration and Registration


Number:

1.4 Address of Registered Office ____________________________________


____________________________________

City :_____________________________
District :_____________________________
State :_____________________________
PIN/ZIP:_____________________________

1.5 Operation/Working Address if different ____________________________________


from above:
___________________________________

City :_____________________________
District :_____________________________
State :___________________________

Page 175 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 9 of 51

S.No. DESCRIPTION BIDDER’S REPLY


PIN/ZIP:_________________________

1.6 Telephone Number( Incl. ISD & Area


code, as applicable):

1.7 Fax Number:

1.8 Name & Mobile no. of Concerned


person(s)

1.9 E-mail address:

1.10 Internet Website (If applicable)

1.11 ISO Certification, if any

Name:
2.0 Affiliates / Associates / Subsidiary
Companies details
Address:

Name:

Address:

Name:

Address:

Page 176 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 10 of 51

S.No. DESCRIPTION BIDDER’S REPLY


Name:

Address:

3.0 GENERAL

3.1 Income Tax PAN No. (In India) of the firm.

3.2 Provident Fund Registration No. of the


firm.

3.3 ESI Registration No. of the firm

3.4 GST Registration No. of the firm.

4 CONTRACTOR’s PROFILE

4.1 Organisation Profile covering


a) Contractor’s Organization Chart from
the upper hierarchy level to Managers
level. Indicate Group or Division who
will be responsible for execution of
the EPC work and its management
team.

b) History & structure of the organisations


with names of directors & chief
executives.

c) Copy of Memorandum and Article of


Association of the Company or Board
Resolution mentioning Chairman/
Chief Executive Officer / Managing
Director of the Company.

Page 177 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 11 of 51

S.No. DESCRIPTION BIDDER’S REPLY

d) Memorandum of Understanding among


the Consortium partners mentioning
their area of responsibility and percent
liability in financial terms in executing
this contract on LSTK Basis.

Parent Company: state legal name


4.2
and country of residence of direct
parent company and the ultimate holding
company, if any.

Change of Ownership: has there been


4.3
any major change of Ownership of the
establishment over the past five (5)
years. If so, kindly provide details and if
not, please affirm by “NONE”.

Affiliates / Associates / Subsidiary


4.4
Companies:
Provide details in the form of a graphic
representation to clearly identify each
of the CONTRACTOR’s Affiliates /
Associates / Subsidiary Companies and
their interrelation to one another.

(Signature & Seal of the Bidder)


Name and address of the Bidder

Page 178 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 12 of 51

FORM–C

DECLARATION BY THE BIDDER REGARDING BIDDING DOCUMENT

We _______________________ (Name of the Bidder) hereby represent that we have


gone through and understood the Bidding Documents No.
________________________ (including but not limited to) the Commercial &
Technical Requirements/ Specifications in the Bidding Document ( all volumes/ parts )
and that our Bid has been prepared accordingly in compliance with the requirements
stipulated in the said documents.

We are submitting the Table of Contents (Master index –Technical & Master index –
Commercial) of Bidding Documents and amendments, if any, as part of our Bid duly
signed and stamped on each page in token of our acceptance. We are not submitting
the total Bidding Document as part of our Bid but undertake that said the Bidding
Documents shall be deemed to form part of our bid and in the event of award of work
to us, the same shall be considered for constitution of Contract Agreement. Further,
we shall sign and stamp on each page of these documents as a token of Acceptance
and as a part of the Contract in the event of award of Contract to us.

SIGNED FOR AND ON BEHALF OF

_______________________________

(NAME OF BIDDER)

PLACE: ____________________

DATE: ____________________

NOTE: This declaration should be signed by the Bidder’s representative who is


signing the Bid.

Page 179 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 13 of 51

FORM–D

DELETED

Page 180 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 14 of 51

FORM–E

COMPLIANCE TO BID REQUIREMENT


(TO BE SUBMITTED ON THE LETTERHEAD OF BIDDER)

NAME OF WORK : ____________________________________________


BIDDING DOCUMENT. : ___________________________

We ……………………………………………………… (*) hereby agree to fully comply with, abide


by and accept without variation, deviation or reservation all technical, commercial and other
conditions of the Bidding Document and its Technical & Commercial Amendments, issued by
EIL on behalf of HRRL.

We confirm that during detailed engineering, we will review and recommend the required
Special tools & tackles and Commissioning spares, wherever specified in the enquiry document
and supply the same without any additional cost and time implication to Owner/Purchaser.

We further hereby waive, withdraw and abandon any and all assumptions, deviations,
variations, objections or reservations whatsoever hereto set out, given or indicated in our offer,
clarifications, correspondence, communications, or otherwise with a view that the price bid and
price implication (if any) submitted may be treated to conform to, in all respects, with the terms
and conditions of the said Bidding Document including all Technical and Commercial
Amendments.

We further hereby confirm that the price quoted in the price bid are as per the provisions of the
Bidding document and there is no deviation to the provisions in the price bid.

**
For and on behalf of
Authorised signatory
(Name and signature of authorized signatory)
Date:

* Here fill in the name of bidder.


** The bid compliance letter must be signed by the person (s) authorized to sign.

Page 181 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 15 of 51

FORM – F

EXCEPTIONS AND DEVIATIONS

NAME OF WORK : ____________________________________________


BIDDING DOCUMENT. : ___________________________

BIDDING DOCUMENT
REFERENCE
SL.
PART PAGE CLAUSE SUBJECT DEVIATION
NO
NO./ NO. NO.

VOLUME

Page 182 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 16 of 51

BIDDING DOCUMENT
REFERENCE
SL.
PART PAGE CLAUSE SUBJECT DEVIATION
NO
NO./ NO. NO.

VOLUME

NOTE : 1. If totally unavoidable, Bidder may stipulate deviations to the requirements


of the Bidding Document only in this format.

2. Bidder shall furnish Technical and Commercial deviations, if any,


separately. Also, Technical deviations shall be furnished separately for
each discipline i.e. Process, General Civil, Structural, Architectural,
Piping, Mechanical Equipment, Pressure Vessels, Rotating Equipment,
HMTD, Electrical, Instrumentation, Construction etc as applicable.

3. Any deviations stated elsewhere in the bid shall not be taken into account
and may render the bid non-responsive and liable for rejection.
Deviation/Clarification in any other place shall be treated as null and
void.

STAMP & SIGNATURE OF BIDDER : _______________________

NAME OF BIDDER : _______________________

DATE:

Page 183 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 17 of 51

FORM–G

UNDERTAKING FOR NON-ENGAGEMENT OF CHILD LABOUR

Name of Work:

Bidding Doc. No.:

1/ We hereby declare that:

a) We are committed to elimination of child labour in all its forms.

b) Neither we nor any of our nominated sub-contractor(s) will engage Child


Labour in any of our work(s) in terms of the provisions of The Child Labour
(Prohibition and Regulation) Act, 1986 and other applicable laws.

c) We as well as our nominated sub-contractor(s) undertake to fully comply


with provisions of The Child Labour (Prohibition and Regulation) Act, 1986
and other applicable labour laws, in case the work is awarded to us.

d) It is understood that if I/We, either before award or during execution of


Contract, commit a transgression through a violation of Article b /c above
or in any other form, such as to put my/our reliability or credibility in
question, the Owner is entitled to disqualify us from the Tender process
or terminate the Contract, if already executed or exclude me / us from
future contract award processes. The imposition and duration of the
exclusion will be determined by the severity of transgression and determined
by the Owner. Such exclusion may be for a period of 1 year to 3 years as
per the procedure prescribed in the guidelines for holiday listing of the
Owner.

e) I/We accept and undertake to respect and uphold the Owner's absolute
right to resort to and impose such exclusion.

Place: Signature of Bidder:

Date Name of Signatory:

Page 184 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 18 of 51

FORM-H
FORMAT FOR BIDDERS’ QUERIES
NAME OF WORK : ____________________________________________
BIDDING DOCUMENT : ____________________________________________
NAME OF BIDDER : ____________________________________________

SL. REFERENCE OF ENQUIRY DOCUMENT BIDDER'S QUERY EIL


NO. REPLY
PART/VOL. PAGE CLAUSE SUBJECT
NO. NO.

NOTE:
1. The Pre-Bid Queries may be sent by e-mail to concerned persons, the details of which is
provided in IFB
2. Also send the editable soft format through email.

SIGNATURE OF BIDDER : ___________________________ WITH SEAL/STAMP

Page 185 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 19 of 51

FORM – I

PROFORMA OF CERTIFICATE OF
NON-INVOLVEMENT OF AGENT

NAME OF WORK : ____________________________________________


BIDDING DOCUMENT. : ___________________________

Where Indian Agent/Consultant/Representative/Retainer/Associates is not involved, the bidder


shall certify in the proforma given below on their letterhead.

This is to Certify that we have not engaged/involved any Indian Agent/Representative/


Consultant/Retainer/Associates who is not our employee for the purposes of accompanying bid
or any resultant Contract and therefore, no Agent’s/Retainer’s/
Representative’s/Consultant’s/Associate’s commission is payable in India or abroad against or
in connection with any resultant Contract.

SIGNATURE OF THE BIDDER : ________________________________

NAME OF THE BIDDER : ________________________________

DATE:

Page 186 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 20 of 51

FORM - J

SUBJECT: METHODOLOGY OF EXECUTION

NAME OF WORK : ____________________________________________


BIDDING DOCUMENT. : ___________________________

In this Proposal FORM, Bidder shall detail out Methodology of Execution of work, as
applicable for the following:

In this Exhibit, Bidder shall furnish the following:


1. Methodology of execution of residual basic design and detailed engineering
considering/ furnishing
 Availability of 3D modelling with PDS/PDMS software alongwith details such as
number of work stations, available experienced manpower etc.
 Availability of latest IT communication system and Engineering Documentation
Management & control & Transfer of deliverables
 Exposure of engineering company for above software
 Key personnel to be deployed by main bidder, either at Bidder's design office or
design office of Engineering sub-contractor, for review, approval and monitoring.

2. Methodology of Construction Execution covering.


 Mobilization of heavy duty crane for installation of heavy lifts mentioned under (3)
below.
 working in Monsoon period
 Extent of mechanization of construction processes/equipment
 Expediting of material/equipment
 Quality Assurance
 HSE policy Implementation

3. Heavy Equipments
4. Any Other

(STAMP & SIGNATURE OF BIDDER)

DATE:

Page 187 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 21 of 51

FORM-K

DETAILS OF PROPOSED ORGANISATION


NAME OF WORK : ____________________________________________
BIDDING DOCUMENT. : ____________________________________________

The Bidder shall submit herein details of Head Office and Project/Site Organisation
proposed to be deployed for execution of work. Bidder shall also furnish the bio-data of
Site-in-Charge and key personnel to be deployed meeting the minimum criteria specified
in the SCC.

Bidder understand that the said proposal represents the minimum deployment and the
Bidder acknowledges that the said deployment may have to be augmented with
additional number and/or categories, if required if directed by Engineer-in-Charge in
order to compete the work within the completion schedule and quoted lumpsum price.

SIGNATURE OF BIDDER : ________________________

NAME OF BIDDER : ________________________

Page 188 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 22 of 51

FROM-L
DEPLOYMENT SCHEDULE OF CONSTRUCTION EQUIPMRNT
SL. DESCRI CAPA DEPLOYMENT SCHEDULE (IN MONTH)
PTIO N -CITY
NO.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL

1 CRANES

1.1 3200 MT

1.2 1250 MT
1000 MT

1.3

1.4 500 MT

1.5 300 MT

1.6 150 MT

1.7 75 MT

1.8 50 MT

1.9 20 MT
1.10

15 MT
1.11

10 MT
1.12

5 MT

Page 189 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 23 of 51

SL. DESCRI CAPA DEPLOYMENT SCHEDULE (IN MONTH)


PTIO N -CITY
NO.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL

2 DIESEL
GENER
ATORS

2.1 500 KVA

2.2 300
KVA/250
KV

2.3 150
KVA/125
KV

3 COMPR
ESSORS

3.1 600 CFT

3.2 350 CFT

4 WELDIN
G M/CS

4.1 DIESEL
WELDIN
G M/C

4.2 DIESEL
GENER
ATOR

Page 190 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 24 of 51

SL. DESCRI CAPA DEPLOYMENT SCHEDULE (IN MONTH)


PTIO N -CITY
NO.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL

4.3 WELDIN
G
TRANS
FORME
RS/
RECTIFI
ERS

4.4 TIG
WELDIN
G M/CS

5 GRIT
BLASTIN
G M/CS

6 SPRAY
PAINTIN
G M/CS

7 STRESS
RELIEVI
NG
M/CS

8 RADIOG
RAPHY
M/CS

9 TEST
PUMP

10 WATER
PUMP

Page 191 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 25 of 51

SL. DESCRI CAPA DEPLOYMENT SCHEDULE (IN MONTH)


PTIO N -CITY
NO.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL

11 TRANSP
ORTA-
TION
EQPT

11.1 TRACTO
R-
TRAILO
R

11.2 TRUCKS

11.3 BUS

12 JACKS

12.1 MECHA
NICAL

12.2 HYDRA
ULIC

13 CIVIL

13.1 EXCAVA
TORS

13.2 DUMPE
RS

Page 192 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 26 of 51

SL. DESCRI CAPA DEPLOYMENT SCHEDULE (IN MONTH)


PTIO N -CITY
NO.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL

13.3 BATCHI
NG
PLANT

13.4 CONCR
ETE
PUMP
CAR
TRANSI
T MIXER
13.5

MIXER
13.6
VIBRAT
ORS
13.7
COMPA
CTORS
13.8
THEOD
OLITES
13.9
OTHERS

14.0
INSULA
TION
14.1 TESTIN
G
EQUIPM
ENT
SECON
DARY
14.2 INJECTI
ON
TESTIN
G KIT

Page 193 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 27 of 51

SL. DESCRI CAPA DEPLOYMENT SCHEDULE (IN MONTH)


PTIO N -CITY
NO.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL

METERS
, TOOLS
14.3 &
TACKLE
S ETC.
CALIBR
ATION
14.4 EQUIPM
ENT
OTHER
TOOLS
14.5 &
TACKLE
S
MULTI
METERS
14.6 CALIBE
RAT-
ORS
ETC.
14.7 BATCHI
NG
PLANT

_(STAMP & SIGNATURE OF BIDDER)

Note – The Schedule shall be modified as per the Time Schedule

Bidder to add other equipment’s as required

Page 194 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 28 of 51

FORM-M

DEPLOYMENT SCHEDULE OF SUPERVISORY PERSONNEL

DEPLOYMENT SCHEDULE (IN MONTH)


SL. DESCRIT
PION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL
NO.

PROJECT
MANAGEM
1 ENT
PROJECT
MANAGER
1.1
PLANNING
MANAGER
1.2
PLANNING
ENGINEER
1.3 S
RESIDUAL
DESIGN
2 AND
DETAILED
ENGINEERI
NG
PROJECT
ENGINEERI
2.1 NG
MANAGER
ENGINEERI
NG
2.2 COORDINA
TOR
ENGG.
PERSONN
2.3 EL FOR
VARIOUS
DISCIPLINE

Page 195 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 29 of 51

DEPLOYMENT SCHEDULE (IN MONTH)


SL. DESCRIT
PION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL
NO.

CIVIL
STRUCTUR
2.3. AL
1
(i) ENGINEER
S
PRESSURE
VESSELS
2.3.
2
MECHANIC
AL EQPT/
2.3. ROTARY
3 EQPT.
2.3. PIPING
4
ENGINEER
S
(i)
2.3. ELECTRIC
5 AL

(i) ENGINEER
S
2.3. INSTRUME
6 NTATION

(i) ENGINEER
S
2.3. MISCELLA
7 NEOUS

3 PROCURE
MENT

Page 196 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 30 of 51

DEPLOYMENT SCHEDULE (IN MONTH)


SL. DESCRIT
PION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL
NO.

3.1 PURCHASE

3.1. PURCHASE
1 MANAGER

3.1. PURCHASE
2 COORDINA
TOR

3.1. PURCHASE
3 OFFICER

3.2 INSPECTIO
N

3.2. INSPECTIO
1 N
MANAGER

3.2. INSPECTO
2 RS

3.3 EXPEDITIN
G

Page 197 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 31 of 51

DEPLOYMENT SCHEDULE (IN MONTH)


SL. DESCRIT
PION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL
NO.

3.3. EXPEDITIN
1 G
COORDINA
TOR

3.3. EXPEDITO
2 RS

3.4 CUSTOM
CLEARANC
E, IMPORT
LICENCE,
TRANSPOR
TATION
PERSONN
EL

4 SITE
CONSTRU
CTION

4.1 PROJECT
MANAGER

4.2 CONSTRU
CTION
MANAGER

4.3 CIVIL
STRUCTUR
AL

Page 198 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 32 of 51

DEPLOYMENT SCHEDULE (IN MONTH)


SL. DESCRIT
PION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL
NO.

4.3. LEAD
I ENGINEER

4.3. SITE
2 ENGINEER

4.3. SUPERVIS
3 ORS

4.4 MECHANIC
AL WORKS

4.4. LEAD
I ENGINEER

4.4. SITE
2 ENGINEER

4.4. SUPERVIS
3 ORS

4.5 PIPING
WORK

4.5. LEAD
1 ENGINEER

Page 199 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 33 of 51

DEPLOYMENT SCHEDULE (IN MONTH)


SL. DESCRIT
PION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL
NO.

4.5. SITE
2 ENGINEER

4.5. SUPERVIS
3 ORS

4.6 ELECTRIC
AL WORK

4.6. LEAD
1 ENGINEER

4.6. SITE
2 ENGINEER

4.6. SUPERVIS
3 ORS

4.7 INSTRUME
NTATION
WORK

4.7. LEAD
1 ENGINEER

4.7. SITE
2 ENGINEER

Page 200 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 34 of 51

DEPLOYMENT SCHEDULE (IN MONTH)


SL. DESCRIT
PION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL
NO.

4.7. SUPERVIS
3 ORS

4.8 QUALITY
ASSURANC
E/ QUALITY
CONTROL

4.8. QC/QA
1 MANAGER

4.8. INSPECTO
2 R (CIVIL)

4.8. INSPECTO
3 R (PIPING)

4.8. INSPECTO
4 R (MECH
EQPT)

4.9 SAFETY
ENGINEER

4.1 SITE
0 ENGINEERI
NG WORKS

Page 201 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 35 of 51

DEPLOYMENT SCHEDULE (IN MONTH)


SL. DESCRIT
PION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL
NO.

4.1 ENGINEER
0.1 S

4.1 SUPERVIS
0.2 ORS

4.1 COMPUTE
1 R
ENGINEER

4.1 ADMINISTR
2 ATION
MANAGER

4.1 MISCELLA
3 NEOUS

4.1 WAREHOU
4 SE
PERSONN
EL

4.1 MATERIAL
5 MANAGER

4.1 COMMISSI
6 ONING

Page 202 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 36 of 51

DEPLOYMENT SCHEDULE (IN MONTH)


SL. DESCRIT
PION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL
NO.

i) COMMISSI
ONING
COORDINA
TOR

ii) COMM
ENGINEER

(SHIFT- IN-
CHARGE)

iii) CONTROL
ROOM
COORDINA
TOR
FIELD
SUPERVIS
iv) OR

v) TECHNICIA
N
Vi)
Any Other

Note – The Schedule shall be modified as per the Time Schedule mentioned in IFB

_____________________________________

(STAMP & SIGNATURE OF BIDDER)

Page 203 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 37 of 51

SIMILAR EXPERIENCE DURING LAST 10 YEARS Form –N(i)


[in case of consortium bid, this form shall be submitted separately for each member of the consortium]

NAME OF OWNER, NO. OF


PROJECT FINAL DETAIL OF UNIT MODE
POSTAL ADDRESS, COUNTRY & PROJECT YEARS
SL AND UNIT COMPLETION AS
PHONE/FAX NO. & EXECUTION MODE EXECUTED OF (GRASS
NO. DESCRIPTI LOCATION TOTAL VALUE PER COMPLETION
E-MAIL OPERATI
ON VALUE CERTIFICATE ROOT/REVAMP)
ON

1. SINGLE LSTK /

CONSORTIUM

2. SINGLE LSTK /

CONSORTIUM

3. SINGLE LSTK /

CONSORTIUM

4. SINGLE LSTK /

CONSORTIUM

5. SINGLE LSTK /

CONSORTIUM

Page 204 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 38 of 51

NAME OF OWNER, NO. OF


PROJECT FINAL DETAIL OF UNIT MODE
POSTAL ADDRESS, COUNTRY & PROJECT YEARS
SL AND UNIT COMPLETION AS
PHONE/FAX NO. & EXECUTION MODE EXECUTED OF (GRASS
NO. DESCRIPTI LOCATION TOTAL VALUE PER COMPLETION
E-MAIL OPERATI
ON VALUE CERTIFICATE ROOT/REVAMP)
ON

6. SINGLE LSTK /

CONSORTIUM

7. SINGLE LSTK /

CONSORTIUM

8. SINGLE LSTK /

CONSORTIUM

9. SINGLE LSTK /

CONSORTIUM

(Signature & Seal of the Bidder)


Name and address of the Bidder

Page 205 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 39 of 51

FORM- N(ii)

EXPERIENCE DETAILS (IFB Clause no. 5.1 & 5.2)


[in case of consortium bid, this form shall be submitted separately for each member of the consortium]

Bidder shall furnish their experience details with reference to the Work, which pre-qualify them
in line with criteria mentioned in Invitation for Bid against IFB Clause no. 5.1 & 5.2

(MARK  FOR APPLICABILITY IN BOX)

S. DESCRIPTION DETAILS
NO.
Name of project, location
1.

Description of work
2.

Contract Value
3.

a) Awarded value Currency:


(With Currency)
Value:

Awarded value in ( INR/USD) Currency Conversion Factor:


[As per IFB Cl. No. 8.1 ]
INR/ USD Value:

b) Final Executed value ( Currency:


Currency __)
Value:

Final Executed in (INR/USD) Currency Conversion Factor:


[As per IFB Cl. No. 8.1 ]
INR/ USD Value:
Name of Owner, Postal
4.
Address, Phone/Fax No. &
e-mail

Page 206 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 40 of 51

S. DESCRIPTION DETAILS
NO.
Name of Consultant, Postal
5.
Address, Phone/ Fax No. &
e-mail

6. Above Referred Job Executed as:


Single Bidder :

A Leader of the Consortium:

Through any other Mode


(Please Specify)

Names of domain/sector:
7.
[Refer IFB Clause no.: 5.1.1]

8 ACTIVITY PERFORMED UNDER BY SELF / AS BY MEMBER BY SUB-


SCOPE OF WORK A LEADER OF OF CONTRACTOR
CONSORTIUM CONSORTIUM
(MARK  FOR APPLICABILITY IN BOX)

Overall Project Management

Residual process design

Detailed Engineering

Procurement and Supply

Construction including
fabrication, erection

Inspection, testing, Start-up


and pre-commissioning

Page 207 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 41 of 51

S. DESCRIPTION DETAILS
NO.
ACTIVITY PERFORMED UNDER BY SELF/ AS BY MEMBER BY SUB-
SCOPE OF WORK A LEADER OF OF CONTRACTOR
CONSORTIUM CONSORTIUM
(MARK  FOR APPLICABILITY IN BOX)

Commissioning Assistance

Commissioning

9 Completion Status Specify Date of

i) Effective Date of Contract: ________________

ii) Starting date: _______________________

iii) Scheduled Completion Date: _______________

iv) Mechanical Completion Date : ____________

v) Commissioning Date :_______________

vi) Date of putting into operation : ____________

vii) Actual Date of Completion of Contract:______

viii) Date of completion of one year successful

operation :____________

ix) Delay in months, if any :________________

x) Reasons for delay, if any:

__________________

10 Confirm following documents  Copy of work order/contract agreement in


enclosed
[Refer IFB Clause. No. 5.1 and line with BQC requirement
5.2]

Ref.No.:_________ Dated:_______

Page 208 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 42 of 51

S. DESCRIPTION DETAILS
NO.
 Copy of Proof of Completion in line with BQC

requirement

Ref.No.:_________ Dated:_______
 Proof of Commissioning in line with BQC in

line with requirement

Ref.No.:_________ Dated:_______
 A proof that plant has been under operation for
Last 1 year in line with BQC requirement [IFB
Clause no. 5.1.5]

Ref.No.:_________ Dated:_______

 A proof that plant is Non-Captive in line with


BQC requirement

Ref.No.:_________ Dated:_______
11 Yes No
Confirm that you are meeting
the Technical Criteria of BQC
as mentioned in IFB clause
5.1.2.

12 Confirmed
If not, then confirm that you
have engaged Engineering
Sub-contractor as per IFB
Clause 5.1.2.1 and you have Furnished Experience Details of Engineering Sub-
furnished Experience Details of Contractor.
Engineering Subcontractor.
Yes No

MOU with Engineering Subcontractor furnished

Yes No

Page 209 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 43 of 51

S. DESCRIPTION DETAILS
NO.
13 Confirmed that all supporting
documents pertaining to
qualification criteria submitted
as evidence are duly Confirmed
authenticated as per
requirement mentioned in IFB
[Clause no. 5.5.6] and
Instructions To Bidders.

Note:
1. In case of submitting multiple jobs for qualification, the above Form N (ii) sheet shall be
provided for each job separately.

CONFIRMATION:

1. We confirm that information furnished along with our Bid as per this format are true and
correct and in case of any original document is required by Owner/Consultant, the same
shall be submitted by us for verification.

2. We confirm that copies of the documents submitted/ uploaded with e-bid for meeting the
Bidder Qualification Criteria are authenticated copies and are true images of the original
document. In case some area has been omitted while taking the Photocopy of original
documents due to confidentiality requirement, then such portions of the documents
should be identified and informed in writing stating the reasons.

(Signature & Seal of the Bidder)

Page 210 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 44 of 51

FORM-O

ANNUAL TURNOVER , NET WORTH & WORKING CAPITAL DETAILS


[in case of consortium bid, this form shall be submitted separately for each member of the consortium]

Bidder shall furnish details, which pre-qualify them in line with Financial Criteria mentioned under IFB Clause 5.3.

A. ANNUAL TURNOVER

Annual Turnover data for the last Three Financial years ending 31st March/ 31st December

FINANCIAL YEAR ANNUAL ANNUAL TURNOVER Bidder’s Currency to Schedule Reference,


(F.Y.) TURNOVER (In US$, for Foreign Bidder/ US$ conversion factor, Page No., Clause. No.
(indicate currency) In INR for Indian Bidder) as on Date of Audited of Financial Statement
[As per Audited [As on Date of Audited Financial Financial Statement
Financial Statement] Statement ] [Applicable if Turnover
is not in INR or US$]

F.Y.___________

F.Y.___________

F.Y.___________

AVERAGE ANNUAL
TURNOVER OF
ABOVE 3 YEARS

NOTE: Annual Turnover shall be calculated including Excise Duty / GST (as applicable) but excluding other Incomes

Page 211 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 45 of 51

B. NET WORTH

Networth of the immediate preceeding financial year (based on audited financial results)

FINANCIAL YEAR NET WORTH (indicate currency also) NET WORTH


[As per Audited Financial Statement] (POSITIVE or
NEGATIVE)

F.Y.__________________

Formulae for working out Net Worth :

Net worth calculation: Net worth means paid up share capital, Share Application Money pending allotment* and reserves# less
accumulated losses and deferred expenditure to the extent not written off. Net worth has been calculated using the following formula, as
per provisions of the enquiry document:
# Reserves to be considered for the purpose of net worth shall be all reserves created out of the profits and securities premium account but
shall not include reserves created out of revaluation of assets, write back of depreciation and amalgamation.
*Share Application Money pending allotment will be considered only in respect of share to be allotted.

Page 212 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 46 of 51

S. Description As shown in Audited Financial Statement


No.
Figure (In Currency ______________ ) Schedule Reference, Page no.,
Clause no.

A Paid up Share capital

B Add : Share Application Money


pending allotment

C Add : Reserves (As defined


above)

D Less : Accumulated Losses

E Less: Deferred Revenue


Expenditure to the extent not
written off

F Net Worth (A+B+C-D-E)

Page 213 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 47 of 51

C. Working capital = Current assets – Current liabilities

S. No. Description Figure (In Bidder’s Currency Figure in US$ [Conversion Schedule
____________ ) factor, as on Date of Reference, Page
Audited Financial no., Clause no.
[F.Y. ______________ ] [As on Date of Audited Financial Statement , as shown in
Statement of Immediate Preceding Table A above]
Financial Year]
[Applicable if Turnover is
not in INR or US$]

A Current assets : NOT TO BE FILLED UP

B Current liabilities : NOT TO BE FILLED UP

C=A-B Working capital :

D. In case of shortfall in Working Capital mentioned in the Financial Criteria, Letter from Scheduled Bank in India as per RBI Act

Name of Scheduled Bank in India and Bank Letter Reference and Date Fund Based Line of Credit [with Currency]
Branch

NOTES

1) Bidder to submit Copies of Audited Financial Statements (Balance Sheets and Profit & Loss account) for the above three
Financial years including Auditor’s Report, all Schedules etc. as per provisions of the Bidding Document

2) Net Worth, Working Capital and Turnover have been calculated using the above mentioned formulae and after giving effect to
the impact of audit qualification given in the auditor’s report.

Page 214 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 48 of 51

SELF DECLARATION/CERTIFICATION

FORM-P
Bidder’s declaration as furnished herein below shall supersede the stipulations
mentioned elsewhere in their bid.

SL. DESCRIPTION BIDDER'S DECLARATION


NO.

We confirm that we are not under


Liquidation, Court Receivership or
similar proceeding, otherwise, if involved
1. please furnish information about the
same.
[Refer IFB Clause No.: 8.5]

(a) We confirm that we are not (a)


involved in any
Litigation/Arbitration

(b) (In case of Litigation/Arbitration) (b) [To be replied only in case


We confirm that the current bidder confirms there is any
2. Litigation/ Arbitration, in which Litigation/Arbitration]
bidder is involved will not have
any impact in work being
tendered or in entering into
contract during the validity of
offer and performing the contract
till all the contractual obligations
under contract are performed.

We confirm that we [Individual, each


consortium member in case of
consortium, as applicable depending on
the bidding arrangement] are not on
BLACK-LIST /HOLIDAY LIST /
3. SUSPENSION LIST/ BANNING LIST/
DELISTED LIST/ NEGATIVE LIST of
HRRL/EIL/HPCL on due date of
submission of bid.
[Refer IFB Clause No.: 8.6]

Page 215 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 49 of 51

We confirm that we [Individual, each


consortium member in case of
consortium, as applicable depending on
the bidding arrangement] are not in
Holiday List of other Companies and
4. their performance is not far from
satisfactory level in ongoing contracts in
the recent refinery projects under
implementation
[Refer IFB Clause No.: 8.12]

We confirm that we [Individual, each


consortium member in case of
consortium, Sub-contractor, as
applicable depending on the bidding
arrangement] are not on not on BLACK-
LIST /HOLIDAY LIST / SUSPENSION
5. LIST/ BANNING LIST/ DELISTED LIST/
NEGATIVE LIST by any Government
Department / quasi-Government
Department / Public Sector Undertaking
on due date of submission of bid.

(a) We confirm that no previous


Transgression occurred in the
last three years immediately
before signing of Integrity Pact,
with any other company in any
country in respect of any corrupt
practices envisaged or with any
Public Sector Enterprises in India
or any Government Department
6. in India. [Refer sl. No. 4. of the
Integrity Pact]

(b) We further confirm that the above


declaration/confirmation are true
and accurate in all respects, and
not in conflict with the declaration
mentioned in our any part of our
bid / financial statement/any other
document.

Page 216 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 50 of 51

FORM–Q
DECLARATION OF BLACK-LIST /HOLIDAY LIST / SUSPENSION LIST/ BANNING
LIST/ DELISTED LIST/ NEGATIVE LIST

In the case of company:

We, M/s____________________________________, hereby declare that we have not


been placed on any BLACK-LIST /HOLIDAY LIST / SUSPENSION LIST/ BANNING
LIST/ DELISTED LIST/ NEGATIVE LIST declared by Engineers India Ltd./ HPCL
Rajasthan Refinery Limited or its Administrative Ministry (presently the Ministry of
Petroleum & Natural Gas) or any Government Department / Quasi Government
agencies/Public Sector, except as indicated below:

(Here give particular of BLACK-LIST /HOLIDAY LIST / SUSPENSION LIST/ BANNING


LIST/ DELISTED LIST/ NEGATIVE LIST, and in absence thereof, state “NIL”.)

In the case of a Proprietary Concern:

I hereby declare that neither I in my personal name or in the name of my Proprietary


concern M/s______________________, which is submitting the accompanying
Bid/Tender nor any other concern in which I am proprietor nor any partnership firm in
which I am involved as a Managing Partner have been banned or placed on BLACK-
LIST /HOLIDAY LIST / SUSPENSION LIST/ BANNING LIST/ DELISTED LIST/
NEGATIVE LIST declared by Engineers India Ltd./ HPCL Rajasthan Refinery
Limited or its Administrative Ministry (presently the Ministry of Petroleum & Natural
Gas) or any Government Department / Quasi Government agencies/ Public Sector,
except as indicated below:

(Here give particulars of BLACK-LIST /HOLIDAY LIST / SUSPENSION LIST/ BANNING


LIST/ DELISTED LIST/ NEGATIVE LIST, and in absence thereof state “NIL”)

Page 217 of 13748


Rajasthan Refinery Project (RRP) of HRRL Bidding Forms
Sheet 51 of 51

In the case of a Partnership Firm:

We hereby declare that neither we, M/s______________, submitting the accompanying


Bid/Tender nor any partner involved in the management of the said firm either in his
individual capacity or as proprietor or managing partner of any firm or concern have or
has been banned or placed on BLACK-LIST /HOLIDAY LIST / SUSPENSION LIST/
BANNING LIST/ DELISTED LIST/ NEGATIVE LIST declared by Engineers India Ltd./
HPCL Rajasthan Refinery Limited or its Administrative Ministry (presently the Ministry of
Petroleum & Natural Gas)or any Government Department / Quasi Government
agencies/Public Sector, except as indicated below:

(Here give particulars of BLACK-LIST /HOLIDAY LIST / SUSPENSION LIST/ BANNING


LIST/ DELISTED LIST/ NEGATIVE LIST, and in absence thereof state “NIL”)

It is understood that if this declaration is found to be false in any particular of BLACK-


LIST /HOLIDAY LIST / SUSPENSION LIST/ BANNING LIST/ DELISTED LIST/
NEGATIVE LIST, HPCL Rajasthan Refinery Limited or its Administrative Ministry or its
authorised representative, shall have the right to reject my/our bid, and if the bid has
resulted in a contract, the contract is liable to be terminated.

SIGNATURE OF BIDDER :____________________________

NAME OF BIDDER : ____________________________

COMPANY SEAL : ____________________________

Page 218 of 13748


HRRL’S RAJASTHAN REFINERY PROJECT (RRP) PCCG
Page 1 of 4

____________________________________________________________________________________

APPENDIX-XI TO ITB

FORMAT - PARENT COMPANY CORPORATE


GUARANTEE (PCCG)

Page 219 of 13748


HRRL’S RAJASTHAN REFINERY PROJECT (RRP) PCCG
Page 2 of 4

____________________________________________________________________________________

PROMOTER MEMBER/ PARENT COMPANY GUARANTEE

This GUARANTEE ("Guarantee") is issued on the day of , 20…


by ,a Company organized and existing under the laws of
India, having its Registered Office at (hereinafter referred
to as "Guarantor"), at the request and/or behest of , a Joint
Venture / Subsidiary/Group / Affiliate Company organized and existing under the laws of
_____________, having its Office at____________, of which the Guarantor is a promoter/
Parent Company (hereinafter referred to as "Bidder"), in favour of HPCL Rajasthan Refinery
Limited, a Joint Venture between Hindustan Petroleum Corporation (HPCL) and Government of
state of Rajasthan, India organized under the laws of India having its Registered Office at Tel
Bhavan, Sahkar Marg, Lal Kothi Vistar Jyoti Nagar, Jaipur Rajasthan, India, PIN - 302005
(hereinafter referred to as “Beneficiary” or “HRRL”).

WHEREAS:
The Beneficiary floated a tender dated inviting offers from Vendors
for (purpose). The Bidder (Joint
Venture/Subsidiary/Group/ Affiliate Company) has submitted its quotation and advised the
Beneficiary that the Bidder is a Joint Venture / Subsidiary/Group/Affiliate Company in which the
Guarantor is the promoter/ parent and a majority/ ultimate share holder and the Guarantor has
effective control of the Bidder. The Bidder seeks to take benefit of the experience and
qualifications of the Guarantor, in order to qualify in the tender. In terms of the tender conditions,
if the Bidder is to be given the benefit of the qualifications of the promoter member/ parent
company, then the said promoter member/ parent company is supposed to provide adequate
guarantees to the Beneficiary, in respect of technical, financial and other support to the Bidder,
in order to complete the job, if the Bidder is successful and the contract is awarded to the
Bidder. For this reason, the Guarantor is ready and willing to give a Promoter Member
Guarantee (PMG) inter alia for the performance of the obligations of the Bidder to the terms and
conditions of the tender and on Bidder's failure, to assume the said obligations.

We, the Guarantor are hereby recording the terms and conditions governing our obligations
under this Guarantee with the intent of being legally bound by the same and hereby agree,
covenant and bind ourselves as follows:-

1. The Guarantor hereby irrevocably and unconditionally guarantees to HRRL that its joint
venture/subsidiary/group/affiliate Bidder company will perform its obligations under the terms
and conditions of the tender, if the contract is being awarded to them in future for
and agrees to provide further comfort letters/ guarantees, if so desired by Beneficiary, in
terms of the tender.

2. The Guarantor unconditionally and irrevocably guarantees to the Beneficiary that it will make
available or cause to be made available to the Bidder all financial, technical and other
resources required to ensure that the Bidder can carry out its obligations as per the tender
terms and conditions and that the Bidder at all times fully and effectively discharge its
obligations under the terms and conditions of tender, including by discharging the obligations
within the time and cost so stipulated. This Guarantee is an absolute, unconditional and
continuing guarantee of the full and punctual payment and performance of obligations under
this Guarantee and is in no way conditioned upon any requirement that the
Beneficiary/HRRL first attempt to enforce any of the obligations against the Bidder, any other
guarantors of the Bidder or any other person or entity or resort to any other means of
obtaining performance of any obligations of the Bidder.

3. The Guarantor hereby agrees that if the Bidder shall in any respect commit any breach or
fails to fulfill any of the terms of the Contract/Tender or complete it in all respects or if there

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Page 3 of 4

____________________________________________________________________________________

is a failure to make any supplies or if any material, equipment or machinery under the
contract so supplied is not of the required specifications or does not perform as envisaged
under the contract/tender, then the Guarantor will forthwith perform the same and fulfill all
the obligations required under tender terms & conditions on behalf of their Bidder, without
any extra cost and time implications.

4. The Guarantor further undertakes to indemnify all losses, damages, expenses, claims, costs
and proceedings which may be suffered or incurred by Beneficiary due to the failure or
breach on the part of its Bidder Company.

5. The Guarantor assures and undertakes that during the term of the contract or of any
guarantee for performance as per the contract, the Guarantor shall continue to be the
promoter member/ parent company of the Bidder and further, that the Guarantor's liability
shall not be affected due to any incapacity or lack of power or legal personality or change in
the status of the Bidder or the Guarantor.

6. The Guarantor's liabilities under this Guarantee shall not exceed the liability of the Bidder
under the tender terms and conditions but this shall in any manner not affect the Guarantor's
own responsibilities and liabilities under the Guarantee. Guarantor shall be entitled to all the
rights and limitations as available/applicable to the Bidder under the Agreement, when called
upon under this Guarantee to complete / perform any obligations of the Bidder under the
Agreement.

7. The obligation of the Guarantor shall take effect from the date of this Guarantee and shall
remain in full force until all the obligations of the Bidder have been fully performed and
discharged and/or all sums of money payable to Beneficiary have been fully paid under the
contract being entered into by Beneficiary with the Bidder. The Guarantor further undertakes
to perform forthwith under this Guarantee without insisting on any proof of breach of
Contract by the Bidder and purely relying on Beneficiary's written demand.

8. The liabilities of the Guarantor shall not be discharged, diminished or otherwise affected by:-

a. Any change in the Articles of Association or Bye-Laws or constitution of the Bidder


Company or the Guarantor or the Beneficiary.

b. Any time, indulgence, waiver or consent given to the Bidder Company by the Beneficiary.

c. Any amendment to the Contract or any security or other guarantee or indemnity to which
Bidder Company has agreed.

d. The dissolution, amalgamation, reconstruction or reorganization of Bidder Company or


Guarantor.

9. NOTICE:

Any notice, demand, declaration or other communication to be given by the Beneficiary or the
Guarantor to the other shall be in writing, in English language and delivered in person or by Air
Mail or by Courier Services or by Facsimile or by E-Mail to the address given in the tender
documents or in the beginning of this Guarantee.

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Page 4 of 4

____________________________________________________________________________________

10. GOVERNING LAW AND JURISDICTION:

This Guarantee shall be exclusively governed by and construed in accordance with the laws of
India without giving effect to the principles of conflict of laws therein. No party shall take a plea
that any forum is inconvenient. It may be enforced in terms of the Indian laws.

11. DISPUTE RESOLUTION

All and any disputes or differences arising out of or in relation to this Guarantee shall be finally
settled and resolved through Arbitration in terms of the Arbitration Clause contained in the
tender documents and agreed to between the Bidder and the Beneficiary. If the disputes are
raised by the Guarantor, then the same shall settled by Arbitration assuming that the Guarantor
is the Bidder under the said clause.

12. This Guarantee may be executed in one or more counterparts, all of which shall be read and
construed as one document and any fax copy or scanned copy or print of a scanned copy of
a signed Guarantee shall be deemed to be an original signature.

13. No modification, alteration or amendment of this Guarantee or any of its terms or provisions
shall be valid or legally binding unless the Beneficiary consents to the same in writing.

14. No failure to take any action with respect to a breach of this Guarantee or a default by any
other party shall constitute a waiver of the Beneficiary's right to enforce any provision of this
Guarantee or to take action with respect to such breach or default or any subsequent breach
or default.

15. Waiver of any breach or failure to comply with any provisions of this Guarantee shall not be
construed as, or constitute, a continuing waiver of such provision, or a waiver of any other
breach of or failure to comply with any other provision of this Guarantee, unless any such
waiver has been consented to by the concerned party in writing.

16. This document has been executed by a duly authorized signatory on behalf of the Guarantor
having the requisite power to do so.

IN WITNESS WHEEOF the Guarantor has duly executed this Guarantee as at the date first
above written.

For and on behalf of Guarantor

Witness

(Signature): Signature:

Name: Name:

Designation: Designation:

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HPCL Rajasthan Refinery Limited

GENERAL TERMS & CONDITIONS


OF WORKS CONTRACT
For EPCC/LSTK Works

B224-GCC-LSTK-Rev.0
25-FEB-2019

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GENERAL TERMS &
CONDITIONS OF WORKS CONTRACT

GENERAL TERMS & CONDITIONS OF WORKS CONTRACT


1 PRELIMINARY

1.1 This is a Contract for execution of job as defined in tender document at the specified
location

1.2 The tenderer for the abovementioned item of work is the company/ proprietary
concern/ individual (as per details & address mentioned in the unpriced bid) and
undersigned (digitally) is authorized to submit the bid on behalf of tenderer.

1.3 The terms and conditions mentioned hereunder are the terms and conditions of the
Contract for the execution of the work mentioned under item 1.1 above.

1.4 It is the clear understanding between Hindustan Petroleum Corporation


Limited and the tenderer that in case the bid of tenderer is accepted by
Hindustan Petroleum Corporation Limited and an intimation to that effect is so
issued and also a Procurement Order is on the tenderer this document shall
form part of the Contract between the parties and terms and conditions hereunder
would govern the parties interest.

1.5 Interpretation of Contract Documents: All documents forming part of the Contract are
to be taken mutually explanatory. Should there be any discrepancy,
inconsistency, error or omission in the contract, the decision of the Owner/Engineer-
in-Charge/Site-in-Charge shall be the final and the contractor
shall abide by the decision. The decision shall not be arbitrable. Works shown
upon the drawings but not mentioned in the specification or described in the
specifications without being shown on the drawings shall nevertheless be deemed to
be included in the same manner as if they are shown in the drawings and
described in the specifications.

1.6 Special conditions of Contract : The special conditions of contract, if any


provided and whenever and wherever referred to shall be read in conjunction with
General Terms and Conditions of contract, specifications, drawings, and any other
documents forming part of this contract wherever the context so requires.
Notwithstanding the subdivision of the documents into separate sections, parts
volumes, every section, part or volume shall be deemed to be supplementary or
complementary to each other and shall be read in whole. In case of any
misunderstanding arising the same shall be referred to decision of the Owner/ Engineer-
in-Charge/Site-in-Charge and their decision shall be final and binding and the
decision shall not be arbitrable.

It is the clear understanding that wherever it is mentioned that the Contractor shall
do/perform a work and/or provide facilities for the performance of the work, the doing
or the performance or the providing of the facilities is at the cost and expenses of
the Contractor not liable to be paid or reimbursed by the Owner.

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® 1.7 The Order of Precedence of documents shall be as follows with document at level 1 having the
highest precedence (Refer Annexure 22 – Govt. Guideline Sr. No. 12)

1. Contract Agreement
2. Detailed Letter of Acceptance along with its enclosures
3. Letter of Award / Fax of Acceptance
4. Job Specifications (specific to particular job only)
5. Drawings
6. Special Conditions of Contract
7. Technical Specifications
8. Instructions to Bidders
9. General Conditions of Contract
10. Other Documents

Any amendment / change order issued after signing of formal contract shall take precedence
over respective clauses of the formal contract and its annexures

2. DEFINITIONS
In this contract unless otherwise specifically provided or defined and unless a contrary intention
appears from the contract the following words and expressions are used in the following
meanings;

2.1 The term "Agreement" wherever appearing in this document shall be read as
"Contract".
2.2 The "Authority" for the purpose of this Contract shall be the Chairman and
Managing Director or any other person so appointed or authorised.
2.3 The "Chairman and Managing Director" shall mean the Chairman and Managing
Director of HINDUSTAN PETROLEUM CORPORATION LIMITED or any person so
appointed, nominated or designated and holding the office of Chairman &
Managing Director.
2.4 The "Change Order" means an order given in writing by the Engineer-in-Charge or by
Owner to effect additions to or deletion from or alterations into the Work.
2.5 The "Construction Equipment" means all appliances and equipment of
whatsoever nature for the use in or for the execution, completion, operation or
maintenance of the work except those intended to form part of the Permanent
Work.
2.6 The "Contract" between the Owner and the Contractor shall mean and include all
documents like enquiry, tender submitted by the contractor and the procurement
order issued by the owner and other documents connected with the issue of the
procurement order and orders, instruction, drawings, change orders, directions
issued by the Owner/Engineer-in-Charge/Site-in-Charge for the execution, completion
and commissioning of the works and the period of contract mentioned in the Contract
including such periods of time extensions as may be granted by the owner at the
request of the contractor and such period of time for which the work is continued by
the contractor for purposes of completion of the work.
2.7 "The Contractor" means the person or the persons, firm or Company whose tender has
been accepted by the Owner and includes the Contractor's legal heirs,
representative, successor(s) and permitted assignees.

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2.8 The "Drawings" shall include maps, plans and tracings or prints thereof with any
modifications approved in writing by the Engineer-in-Charge and such other
drawings as may, from time to time, be furnished or approved in writing by the
Engineer-in-Charge.
2.9 The "Engineer-in-Charge or Site-in-Charge" shall mean the person appointed or
designated as such by the Owner and shall include those who are expressly authorised
by the owner to act for and on its behalf.
2.10 "The Owner" means the HINDUSTAN PETROLEUM CORPORATION LIMITED
incorporated in India having its Registered office at PETROLEUM HOUSE, 17,
JAMSHEDJI TATA ROAD, BOMBAY - 400020 and Marketing office at the
address mentioned for this purpose in the tender header or their successors or assignees.
2.11 The "Permanent Work" means and includes works which form a part of the work to
be handed over to the Owner by the Contractor on completion of the contract.

2.12 The "Project Manager" shall mean the Project Manager of HINDUSTAN
PETROLEUM CORPORATION LIMITED, or any person so appointed, nominated or
designated.

2.13 The "Site" means the land on which the work is to be executed or carried out and
such other place(s) for purpose of performing the Contract.
2.14 The "Specifications" shall mean the various technical and other specifications attached
and referred to in the tender documents. It shall also include the latest editions,
including all addenda/corrigenda or relevant Indian Standard Specifications and
Bureau Of Indian Standards.
2.15 The "Sub-Contractor" means any person or firm or Company (other than the
Contractor) to whom any part of the work has been entrusted by the Contractor with the
prior written consent of the Owner/Engineer-in-Charge/Site-in- Charge and their
legal heirs, representatives, successors and permitted assignees of such person,
firm or Company.
2.16 The "Temporary Work" means and includes all such works which are a part of the
contract for execution of the permanent work but does not form part of the
permanent work confirming to practices, procedures applicable rules and
regulations relevant in that behalf.
2.17 The "Tender" means the document submitted by a person or authority for carrying out
the work and the Tenderer means a person or authority who submits the tender
offering to carry out the work as per the terms and conditions.
2.18 The "Work" shall mean the works to be executed in accordance with the
Contract or part thereof as the case may be and shall include extra, additional,
altered or substituted works as maybe required for the purposes of completion of the
work contemplated under the Contract.

3. SUBMISSION OF TENDER

3.1 Before submitting the Tender, the Tenderer shall at their own cost and
expenses visit the site, examine and satisfy as to the nature of the existing roads,
means of communications, the character of the soil, state of land and of the
excavations, the correct dimensions of the work facilities for procuring
various construction and other material and their availability, and shall obtain
information on all matters and conditions as they may feel necessary for the
execution of the works as intended by the Owners and shall also satisfy of the

availability of suitable water for construction of civil works and for drinking purpose and
power required for fabrication work etc. Tenderer, whose tender may3 be | P accepted
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and with whom the Contract is entered into shall not be eligible and be able to make
any claim on any of the said counts in what so ever manner for what so ever reasons
at any point of time and such a claim shall not be raised as a dispute and shall not
be arbitrable.

A pre-bid meeting may be held as per the schedule mentioned in the tender.

3.2 The Tenderer shall be deemed to have satisfied fully before tendering as to the
correctness and sufficiency of his tender for the works and of the rates and prices
quoted in the schedule of quantities which rates and prices shall except as
otherwise provided cover all his obligations under the contract.
3.3 It must be clearly understood that the whole of the conditions and specifications are
intended to be strictly enforced and that no work will be considered as extra work
and allowed and paid for unless they are clearly outside the scope, spirit, meaning
of the Contract and intent of the Owner and have been so ordered in writing by
Owner and/or Engineer-in-Charge/Site-in-Charge, whose decision shall be final and
binding.

3.4 Before filling the Tender the Contractor will check and satisfy all drawings and materials
to be procured and the schedule of quantities by obtaining clarification from the
Owner on all the items as may be desired by the Tenderer. No claim for any alleged
loss or compensation will be entertained on this account, after submission of Tender
by the Tenderer/Contractor and such a claim shall not be arbitrable.

3.5 Unless specifically provided for in the tender documents or any Special Conditions, no
escalation in the Tender rates or prices quoted will be permitted throughout
the period of contract or the period of actual completion of the job whichever is later
on account of any variation in prices of materials or cost of labour or due to any
other reasons. Claims on account of escalation shall not be arbitrable.

3.6 The quantities indicated in the Tender are approximate. The approved schedule of
rates of the contract will be applicable for variations upto plus or minus 25% of the
contract value. No revision of schedule of rates will be permitted for such variations in
the contract value, including variations of individual quantities, addition of new items,
alterations, additions/deletions or substitutions of items, as mentioned above.
Quantities etc. mentioned and accepted in the joint measurement sheets shall alone
be final and binding on the parties.
3.7 Owner reserve their right to award the contract to any tenderer and their decision in
this regard shall be final. They also reserve their right to reject any or all
tenders received. No disputes could be raised by any tenderer(s) whose tender has
been rejected.
3.8 The Rates quoted by the Tenderer shall include Costs and expenses on all counts viz.
cost of materials, transportation of machine(s), tools, equipments, labour, power,
Administration charges, price escalations, profits, etc. except to the extent of the
cost of material(s), if any, agreed to be supplied by Owner and mentioned
specifically in that regard in condition of Contract, in which case, the cost of such
material if taken for preparation of the Contractor's Bill(s) shall be deducted
before making payment of the Bill(s) of the Contractor. The description given in the
schedule of quantities shall unless otherwise stated be held to include wastage
on materials, carriage and cartage, carrying in and return of

empties, hoisting, setting, fitting and fixing in position and all other expenses
necessary in and for the full and complete execution and completion of works and in
accordance with good practice and recognised principles in that regard.
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3.9 Employees of the State and Central Govt. and employees of the Public Sector
Undertakings, including retired employees are covered under their respective
service conditions/rules in regard to their submitting the tender. All such persons
should ensure compliance to the respective/applicable conditions, rules etc. Any
person not complying with those rules etc. but submitting the tender in violation
of such rules, after being so noticed shall be liable for the forfeiture of the Earnest
Money Deposit made with the tender, termination of Contract and sufferance on
account of forfeiture of Security Deposit and sufferance of damages arising as
a result of termination of Contract.
3.10 In consideration for having a chance to be considered for entering into a
contract with the Owner, the Tenderer agrees that the Tender submitted by him
shall remain valid for the period prescribed in the tender conditions, from the date
of opening of the tender. The Tenderer shall not be entitled during the
said validity period, to revoke or cancel the tender without the consent in
writing from the Owner.

In case the tenderer revokes or cancels the tender or varies any of terms of the
tender without the Consent of the Owner, in writing, the Tenderer forfeits the right to
the refund of the Earnest Money paid along with the tender.
3.11 The prices quoted by the Tenderer shall be firm during the validity period of the
bid and Tenderer agrees to keep the bid alive and valid during the said period. The
Tenderers shall particularly take note of this factor before submitting their
tender(s).
3.12 The works shall be carried out strictly as per approved specifications. Deviations, if any,
shall have to be authorised by the Engineer-in-Charge/Site-in-Charge in writing
prior to implementing deviations. The price benefit, if any, arising out of the accepted
deviation shall be passed on to the Owner. The decision of Engineer- in-Charge shall
be final in this matter.

3.13 The contractor shall make all arrangements at his own cost to transport the
required materials outside and inside the working places and leaving the premises in a
neat and tidy condition after completion of the job to the satisfaction of Owner. All
materials except those agreed to be supplied by the Owner shall be supplied by the
contractor at his own cost and the rates quoted by the Contractor should be inclusive
of all royalties, rents, taxes, duties, statutory levies, if any, etc.
3.14 The Contractor shall not carry on any work other than the work under this Contract
within the Owner’s premises without prior permission in writing from the Engineer- in-
Charge/Site-in-charge.

3.15 The Contractor shall be bound to follow and ensure compliance to all the safety and
security regulations and other statutory rules applicable to the area. In the event of
any damage or loss or sufference caused due to non-observance of such rules and
regulations, the contractor shall be solely responsible for the same and shall keep the
Owner indemnified against all such losses and claims arising from the same.

3.16 At any time after acceptance of tender, the Owner reserves the right to add,
amend or delete any work item, the bill of quantities at a later date or reduce the
scope of work in the overall interest of the work by prior discussion and intimation to
the Contractor. The decision of Owner, with reasons recorded therefor, shall be final
and binding on both the Owner and the Contractor. The Contractor shall not have right
to claim compensation or damage etc. in that regard. The Owner reserves the
right to split the work under this contract between two or more contractors
without assigning any reasons.

3.17 Contractor shall not be entitled to sublet, sub contract or assign, the work
under this Contract without the prior consent of the Owner obtained in writing.
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3.18 All signatures in tender document shall be dated as well as all the pages of all
sections of the tender documents shall be initialed at the lower position and signed,
wherever required in the tender papers by the Tenderer or by a person holding
Power of Attorney authorising him to sign on behalf of the tenderer before
submission of tender.

3.19 The tender should be quoted in English, both in figures as well as in words. The rates and
amounts tendered by the Tenderer in the Schedule of rates for each item and in such a
way that insertion is not possible. The total tendered amount should also be indicated
both in figures and words with the signature of tenderer.

If some discrepancies are found between the rates given in words and figures of the
amount shown in the tender, the following procedure shall be applied :

(a) When there is a difference between the rates in figures and words, the rate which
corresponds to the amount worked out by the tenderer shall be taken as correct.
(b) When the rate quoted by the tenderer in figures and words tallies but the amount is
incorrect, the rate quoted by the tenderer shall be taken as correct.
(c) When it is not possible to ascertain the correct rate in the manner
prescribed above the rate as quoted in words shall be adopted.

3.20 All corrections and alterations in the entries of tender paper will be signed in full by
the tenderer with date. No erasures or over writings are permissible.

3.21 Transfer of tender document by one intending tenderer to the another one is not
permissible. The tenderer on whose name the tender has been sent only can
quote.

3.22 The Tender submitted by a tenderer if found to be incomplete in any or all


manner is liable to be rejected. The decision of the Owner in this regard is final and
binding.

4. DEPOSITS

a) EARNEST MONEY DEPOSIT (EMD)

The tenderer will be required to pay a sum as specified in the covering letter, as
earnest money deposit along with the tender either thru a crossed demand draft or a
non-revokable Bank Guarantee in favour of Hindustan Petroleum Corporation Limited, from
any Scheduled Bank (other than a Co-Operative Bank) payable at Mumbai in favour of
Hindustan Petroleum Corporation Limited, Mumbai in the proforma enclosed
® or through e-payment. The earnest money deposit will be refunded after finalisation of the
contract.

Note: Public sector enterprises and small scale units registered with National Small Scale
Industries are exempted from payment of Earnest Money Deposit. Small scale units
registered with National Small Scale Industries should enclose a photocopy of their registration
certificate with their quotation to make their quotation eligible for consideration. The Registration
Certificate should remain valid during the period of the contract that may be entered into with
such successful bidder. Such tenderers should ensure validity of the Registration Certificate for the
purpose.
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b) SECURITY DEPOSIT:
The tenderer, with whom the contract is decided to be entered into and intimation is so
given will have to make a security deposit of one percent (1%) of the total contract
value in the form of account payee crossed demand draft drawn in favour of the
Owner, within 15 days from the date of intimation of acceptance of their tender, failing
which the Owner reserves the right to cancel the Contract and forfeit the EMD.
1% of PO/Contract value as Security deposit will be acceptable in the form of Demand
® draft or through e-payment upto r 50,000/- and in the form of Demand draft / Bank
guarantee or through e-payment beyond r 50,000/-.

Composite Performance Bank Guarantee (CPBG) valid upto a period of 3 months


beyond the expiry of defect liability period. Demand Draft should be drawn on
Scheduled Banks, other than co-operative bank.
Quantum of Performance Bank Guarantee inclusive of Security Deposit should be
as follows:
- All items (other than CVR items) : 10% of PO value
- For CVR items: r 10.0 lakhs or 5% of the order value whichever is lower. Composite
PBG of above value towards Performance Bank Guarantee inclusive of Security
Deposit shall be accepted (in lieu of deduction of retention money of 10% from each
bill); Such composite PBG shall be valid upto a period of 3 months beyond the
expiry of defect liability period. Demand Draft should be drawn on Scheduled
Banks (other than cooperative banks).

5. EXECUTION OF WORK
All the works shall be executed in strict conformity with the provisions of the contract
documents and with such explanatory details, drawings, specifications and instructions as
may be furnished from time to time to the Contractor by the Engineer-in-Charge/ Site-
in-Charge, whether mentioned in the Contract or not. The Contractor shall be responsible
for ensuring that works throughout are executed in the most proper and workman- like
manner with the quality of material and workmanship in strict accordance with the
specifications and to the entire satisfaction of the Engineer-in- Charge/Site-in-Charge.

The completion of work may entail working in monsoon also. The contractor must
maintain the necessary work force as may be required during monsoon and plan to
execute the job in such a way the entire project is completed within the contracted time
schedule. No extra charges shall be payable for such work during monsoon. It shall
be the responsibility of the contractor to keep the construction work site free from water
during and off the monsoon period at his own cost and expenses.

For working on Sundays/Holidays, the contractor shall obtain the necessary permission
from Engineer Incharge/Site Incharge in advance. The contractor shall be permitted to
work beyond the normal hours with prior approval of Engineer-In-Charge/Site-In-Charge and
the contractors quoted rate is inclusive of all such extended hours of working and no extra
amount shall be payable by the owner on this account.

5.a. SETTING OUT OF WORKS AND SITE INSTRUCTIONS


5.a.1. The Engineer-in-Charge/Site-in-Charge shall furnish the Contractor with only the four
corners of the work site and a level bench mark and the Contractor shall set out
the works and shall provide an efficient staff for the purpose and shall be solely
responsible for the accuracy of such setting out.

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5.a.2. The Contractor shall provide, fix and be responsible for the maintenance of all
necessary stakes, templates, level marks, profiles and other similar things and
shall take all necessary precautions to prevent their removal or disturbance and
shall be responsible for consequences of such removal or disturbance should
the same take place and for their efficient and timely reinstatement. The
Contractor shall also be responsible for the maintenance of all existing survey
marks, either existing or supplied and fixed by the Contractor. The work shall
be set out to the satisfaction of the Engineer-in-Charge/Site-in-Charge. The
approval thereof or joining in setting out the work shall not relieve the Contractor
of his responsibility.
5.a.3. Before beginning the works, the Contractor shall, at his own cost, provide all
necessary reference and level posts, pegs, bamboos, flags ranging rods, strings
and other materials for proper layout of the work in accordance with the
scheme, for bearing marks acceptable to the Engineer-in-Charge/Site-in-
Charge. The Centre longitudinal or face lines and cross lines shall be marked by
means of small masonary pillars. Each pillar shall have distinct marks at the
centre to enable theodolite to be set over it. No work shall be started until all
these points are checked and approved by the Engineer-in-Charge/Site-in-
Charge in writing. But such approval shall not relieve the contractor of any of
his responsibilities. The Contractor shall also provide all labour, materials and
other facilities, as necessary, for the proper checking of layout and inspection of
the points during construction.
5.a.4. Pillars bearing geodetic marks located at the sites of units of works under
construction should be protected and fenced by the Contractor.
5.a.5. On completion of works, the contractor shall submit the geodetic documents
according to which the work was carried out.
5.a.6. The Engineer-in-Charge/Site-in-Charge shall communicate or confirm his
instructions to the contractor in respect of the executions of work in a "work site
order book" maintained in the office having duplicate sheet and the authorised
representative of the contractor shall confirm receipt of such instructions by
signing the relevant entries in the book.
5.a.7. All instructions issued by the Engineer-in-Charge/Site-in-Charge shall be in writing.
The Contractor shall be liable to carry out the instructions without fail.
5.a.8. If the Contractor after receipt of written instruction from the Engineer-in-Charge/
Site-in-Charge requiring compliance within seven days fails to comply with such
drawings or 'instructions' or both as the Engineer-in-Charge/Site-in-Charge may
issue, owner may employ and pay other persons to execute any such work
whatsoever that may be necessary to give effect to such drawings or
`instructions' and all cost and expenses incurred in connection therewith as
certified by the Engineer-in-Charge/ Site-in-Charge shall be borne by the contractor
or may be deducted from amounts due or that may become due to the contractor
under the contract or may be recovered as a debt.
5.a.9. The Contractor shall be entirely and exclusively responsible for the horizontal
and vertical alignment, the levels and correctness of every part of the work and
shall rectify effectually any errors or imperfections therein. Such
rectifications shall be carried out by the Contractor, at his own cost.
5.a.10. In case any doubts arise in the mind of the Contractor in regard to any
expressions, interpretations, statements, calculations of quantities, supply of
material rates, etc. the contractor shall refer the same to the Site-in-Charge/
Engineer-in-Charge for his clarification, instructions, guidance or clearing of

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doubts. The decision of the Engineer-in-Charge/Site-in-Charge shall be final and the


contractor shall be bound by such a decision.

5.a.11."The Contractor shall take adequate precautions, to ensure that his operations
do not create nuisance or misuse of the work space that shall cause
unnecessary disturbance or inconvenience to others at the work site".

5.a.12. "All fossils, coins articles of value of antiquity and structure or other remains
of geological or archaeological discovered on the site of works shall be
declared to be the property of the Owner and Contractor shall take reasonable
precautions to prevent his workmen or any other persons from removing or
damaging any such articles or thing and shall immediately inform the Owner/
Engineer-in-Charge/Site-in-Charge."

5.a.13. "Contractor will be entirely and exclusively responsible to provide and


maintain at his expenses all lights, guards, fencing, etc. when and where even
necessary or/as required by the Engineer-in-Charge/Site-in-Charge for the
protection of works or safety and convenience to all the members employed at the
site or general public."

5.b. COMMENCEMENT OF WORK

The contractor shall after paying the requisite security deposit, commence work
within 15 days from the date of receipt of the intimation of intent from the Owner
informing that the contract is being awarded. The date of intimation shall be the
date/day for counting the starting day/date and the ending day/date will be accordingly
calculated. Penalty, if any, for the delay in execution shall be calculated accordingly.

Contractor should prepare detailed fortnightly construction programme for approval


by the Engineer-in-Charge within one month of receipt of Letter Of Intent. The work shall
be executed strictly as per such time schedule. The period of Contract includes the
time required for testing, rectifications, if any, re-testing and completion of work in all
respects to the entire satisfaction of the Engineer-in-Charge.

A Letter of Intent is an acceptance of offer by the Owner and it need not be accepted by
the contractor. But the contractor should acknowledge a receipt of the purchase order
within 15 days of mailing of Purchase Order and any delay in acknowledging the receipt
will be a breach of contract and compensation for the loss caused by such breach will be
recovered by the Owner by forfeiting earnest money deposit/bid bond.

5.c. SUBLETTING OF WORK

5.c.1. No part of the contract nor any share or interest thereof shall in any manner or
degree be transferred, assigned or sublet, by the Contractor, directly or
indirectly to any firm or corporation whatsoever, without the prior consent in
writing of the Owner.

5.c.2. At the commencement of every month the Contractor shall furnish to the Engineer-
in-charge/Site-in-Charge list of all sub-contractors or other persons or firms
engaged by the Contractor.

5.c.3 The contract agreement will specify major items of supply or services for which the
Contractor proposes to engage sub-Contractor/sub-Vendor. The contractor may

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from time to time propose any addition or deletion from any such list and will submit
the proposals in this regard to the Engineer-in-charge/Designated officer-in-
charge for approval well in advance so as not to impede the progress of work.
Such approval of the Engineer-in-charge/Designated officer-in-charge will not relieve
the contractor from any of his obligations, duties and responsibilities under the
contract.

5.c.4. Notwithstanding any sub-letting with such approval as resaid and notwithstanding
that the Engineer-in-Charge shall have received copies of any sub-contract, the
Contractor shall be and shall remain solely to be responsible for the quality and
proper and expeditious execution of the works and the performance of all the
conditions of the contract in all respects as if such subletting or sub-contracting had
not taken place and as if such work had been done directly by the
Contractor.

5.c.5 Prior approval in writing of the Owner shall be obtained before any change is made
in the constitution of the contractor/Contracting agency otherwise contract shall be
deemed to have been allotted in contravention of clause entitled “sub-letting of
works” and the same action may be taken and the same consequence shall ensue
as provided in the clause of “sub- letting of works”.

5.d EXTENSION OF TIME

1) If the Contractor anticipates that he will not be able to complete the work
within the contractual delivery/ completion date (CDD), then the Contractor
shall make a request for grant of time extension clearly specifying the reasons
for which he seeks extension of time and demonstrating as to how these
reasons were beyond the control of the contractor or attributable to the Owner.
This request should be made well before the expiry of the Contractual Delivery/
Completion Date (CDD).

2) If such a request for extension is received with a Bank Guarantee for the full
Price Reduction amount calculated on the Total Contract Value, the concerned
CGM of the Owner shall grant a Provisional extension of time, pending a
decision on the request.

3) The concerned CGM of the Owner shall expeditiously decide upon the request
for time extension and decide the levy of price reduction within a maximum
period of 6 months fom the CDD or date of receipt of the request, whichever
is earlier.

4) Grant of any extension of time shall be by means of issuance of a Change


Order.

5) In order to avoid any cash crunch to the Contractor, a Bank Guarantee could
be accepted against Price Reduction, as stated above. Once a decision is
taken, the Price Reduction shall be recovered from any pending bills or by
encashment of the BG. Any balance sum of Contractor or the BG (if Price
Reduction is fully recovered from the bills) shall be promptly
refunded/returned to the Contractor.

5.e. SUSPENSION OF WORKS

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5.e.1. Subject to the provisions of this contract, the contractor shall if ordered in
writing by the Engineer- in-Charge/Site-in-Charge for reasons recorded suspend
the works or any part thereof for such period and such time so ordered and
shall not, after receiving such, proceed with the work therein ordered to suspended
until he shall have received a written order to re-start. The Contractor shall be
entitled to claim extension of time for that period of time the work was ordered to
be suspended. Neither the Owner nor the Contractor shall be entitled to claim
compensation or damages on account of such an extension of time.

5.e.2. In case of suspension of entire work, ordered in writing by Engineer-in-


Charge/Site-in-Charge, for a period of 30 days, the Owner shall have the option
to terminate the Contract as provided under the clause fortermination. The
Contractor shall not be at liberty to remove from the site of the works any
plant or materials belonging to him and the Employer shall have lien upon all
such plant and materials.

5.e.3. The contractor shall, in case of suspension have the right to raise a dispute
and have the same arbitrated but however, shall not have the right to have the
work stopped from further progress and completion either by the owner or
through other contractor appointed by the owner.

5.f. OWNER MAY DO PART OF WORK

Not withstanding anything contained elsewhere in this contract, the owner upon failure of
the Contractor to comply with any instructions given in accordance with the provisions
of this contract, may instead of Contract and undertaking charge of entire work,
place additional labour force, tools, equipment and materials on such parts of the work,
as the Owner may decide or engage another Contractor to carryout the balance of
work. In such cases, the Owner shall have the right to deduct from the amounts payable
to the Contractor the difference in cost of such work and materials with ten percent
overhead added to cover all departmental charges. Should the total amount thereof
exceed the amount due to the contractor, the Contractor shall pay the difference to the
Owner within 15 days of making demand for payment failing which the Contractor shall
be liable to pay interest at 24% p.a. on such amounts till the date of payment.

5.g. INSPECTION OF WORKS

5.g.1. The Engineer-in-Charge/Site-in-Charge and Officers from Central or State


Government will have full power and authority to inspect the works at any time
wherever in progress, either on the site or at the Contractor's
premises/workshops of any person, firm or corporation where work in connection
with the contract may be in hand or where the materials are being or are to be
supplied, and the Contractor shall afford or procure for the Engineer-in-
Charge/Site-in-Charge every facility and assistance to carryout such inspection.
The Contractor shall, at all times during the usual working hours and at all other
times at which reasonable notice of the intention of the Engineer-in-Charge/Site-in-
Charge or his representative to visit the works shall have been given to the
Contractor, either himself be present to receive orders and instructions, or
have a responsible agent, duly accredited in writing, present for the purpose.
Orders given to the Contractor's agent shall be considered to have the same force
as if they had been given to the Contractor himself. The Contractor shall give not
less than seven days notice in writing to the Engineer-in-Charge/Site-in-Charge
before covering up or otherwise placing beyond reach of inspection and

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measurement any work in order that the same may be inspected and
measured. In the event of breach of above, the same shall be uncovered at
Contractor's expense for carrying out such measurement and/or inspection.

5.g.2. No material shall be removed and despatched by the Contractor from the site
without the prior approval in writing of the Engineer-in-charge. The contractor is
to provide at all times during the progress of the work and the maintenance period
proper means of access with ladders, gangways, etc. and the necessary
attendance to move and adapt as directed for inspection or measurements of
the works by the Engineer-in-Charge/Site-in-Charge.

5.h. SAMPLES

5.h.1. The contractor shall furnish to the Engineer-in-charge/Site-in-Charge for


approval when requested or required adequate samples of all materials and
finishes to be used in the work.
5.h.2. Samples shall be furnished by the Contractor sufficiently in advance and
before commencement of the work so as the Owner can carry out tests and
examinations thereof and approve or reject the samples for use in the works. All
material samples furnished and finally used/applied in actual work shall fully be of
the same quality of the approved samples.

5.i. TESTS FOR QUALITY OF WORK

5.i.1. All workmanship shall be of the respective kinds described in the contract
documents and in accordance with the instructions of the Engineer-in-Charge /
Site-in- Charge and shall be subjected from time to time to such tests at
Contractor's cost as the Engineer-in-Charge/Site-in-Charge may direct at the
place of manufacture or fabrication or on the site or at all or any such places.
The Contractor shall provide assistance, instruments, labour and materials as are
normally required for examining, measuring and testing any workmanship as may
be selected and required by the Engineer-in-Charge/Site-in-Charge.
5.i.2. All the tests that will be necessary in connection with the execution of the work
as decided by the Engineer-in- charge/Site-in-Charge shall be carried out at the
contractors cost and expenses.
5.i.3. If any tests are required to be carried out in connection with the work or
materials or workmanship to be supplied by the owner, such tests shall be carried
out by the Contractor as per instructions of Engineer-in-Charge/Site-in-Charge and
expenses for such tests, if any, incurred by the contractor shall be reimbursed
by the Owner. The contractor should file his claim with the owner within 15
(fifteen) days of inspection/test and any claim made beyond that period shall
lapse and be not payable.

5.j. ALTERATIONS AND ADDITIONS TO SPECIFICATIONS, DESIGNS AND


WORKS

5.j.1. The Engineer-in-Charge/Site-in-Charge shall have powers to make any alterations,


additions and/or substitutions to the schedule of quantities, the original

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specifications, drawings, designs and instructions that may become necessary


or advisable or during the progress of the work and the Contractor shall be
bound to carryout such altered/extra/new items of work in accordance with
instructions which may be given to him in writing signed by the Engineer-in-
Charge/Site- in-Charge. Such alterations, omissions, additions or substitutions
shall not invalidate the contract. The altered, additional or substituted work which
the Contractor may be directed to carryon in the manner as part of the work shall
be carried out by the Contractor on the same conditions in all respects on which
he has agreed to do the work. The time for completion of such altered added
and/or substituted work may be extended for that part of the particular job. The
rates for such additional altered or substituted work under this Clause shall, be
worked out in accordance with the following provisions:
5.j.2. If the rates for the additional, altered or substituted work are specified in the contract
for similar class of work, the Contractor is bound to carryout the additional,
altered or substituted work at the same rates as are specified in the contract.
5.j.3. If the rates for the additional, altered or substituted work are not specifically provided
in the contract for the work, the rates will be derived from the rates for similar
class of work as are specified in the contract for the work. In the opinion of the
Engineer-in- Charge/Site-in-Charge as to whether or not the rates can be
reasonably so derived from the items in this contract, will be final and binding on
the Contractor.
5.j.4. If the rates for the altered, additional or substituted work cannot be determined in
the manner specified above, then the Contractor shall, within seven days of the
date of receipt of order to carry out the work, inform the Engineer-in-Charge/
Site-in-Charge of the rate at which he intends to charge for such class of work,
supported by analysis of the rate or rates claimed and the Engineer-In-Charge/
Site-in-Charge shall determine the rates on the basis of the prevailing market
rates for both material and labour plus 10% to cover overhead and profit of labour
rates and pay the Contractor accordingly. The opinion of the Engineer-in-
Charge/Site-in-Charge as to current market rates of materials and the quantum of
labour involved per unit of measurement will be final and binding on the
contractor.
5.j.5. In case of any item of work for which there is no specification supplied by the
Owner and is mentioned in the tender documents, such work shall be carried out in
accordance with Indian Standard Specifications and if the Indian Standard
Specifications do not cover the same, the work should be carried out as per
standard Engineering Practice subject to the approval of the Engineer-in-Charge/
Site-in-Charge.

5.k. PROVISIONAL ACCEPTANCE

Acceptance of sections of the works for purposes of equipment erection, piping,


electrical work and similar usages by the Owner and payment for such work or parts of
work shall not constitute a waiver of any portion of this contract and shall not be
construed so as to prevent the Engineer from requiring replacement of defective
work that may become apparent after the said acceptance and also shall not absolve the
Contractor of the obligations under this contract. It is made clear that such an
acceptance does not indicate or denote or establish to the fact of execution of that work
or the Contract until the work is completed in full in accordance with the provisions
of this Contract.

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5.l. COMPLETION OF WORK AND COMPLETION CERTIFICATE


As soon as the work is completed in all respects, the contractor shall give notice of such
completion to the site in charge or the Owner and within thirty days of receipt of such
notice the site in charge shall inspect the work and shall furnish the contractor with a
certificate of completion indicating:
a) defects, if any, to be rectified by the contractor
b) items, if any, for which payment shall be made in reduced rates
c) the date of completion.

5.m. USE OF MATERIALS AND RETURN OF SURPLUS MATERIALS


5.m.1. Notwithstanding anything contained to the contrary in any or all of the clauses of
this contract, where any materials for the execution of the contract are
procured with the assistance of Government either by issue from Government
stocks or procurement made under orders or permits or licences issued by
Government, the contractor shall use the said materials economically and solely
for the purpose of the contract and shall not dispose them of without the
permission of the Owner.
5.m.2. All surplus(serviceable) or unserviceable materials that may be left over after
the completion of the contract or at its termination for any reason
whatsoever, the Contractor shall deliver the said product to the Owner without
any demur. The price to be paid to the Contractor, if not already paid either in
full or in part, however, shall not exceed the amount mentioned in the Schedule
of Rates for such material and in cases where such rates are not so mentioned,
shall not exceed the CPWD scheduled rates. In the event of breach of the
aforesaid condition the contractor shall become liable for contravention of the
terms of the Contract.
5.m.3. The surplus (serviceable) and unserviceable products shall be determined by joint
measurement. In case where joint measurement has failed to take place, the
Owner may measure the same and determine the quantity.
5.m.4. It is made clear that the Owner shall not be liable to take stock and keep
possession and pay for the surplus and unserviceable stocks and the Owner may
direct the Contractor to take back such material brought by the Contractor and
becoming surplus and which the Owner may decide to keep and not to pay for the
same.

5.n. DEFECT LIABILITY PERIOD


The contractor shall guarantee the work executed for a period of 12 months from the date
of completion of the job. Any damage or defect that may arise or lie undiscovered at
the time of completion of the job shall be rectified or replaced by the contractor at his
own cost. The decision of the Engineer In-charge/Site-Incharge/Owner shall be the
final in deciding whether the defect has to be rectified or replaced.
Equipment or spare parts replaced under warranty/guarantees shall have further warranty
for a mutually agreed period from the date of acceptance.
The owner shall intimate the defects noticed in writing by a Registered A.D. letter or
otherwise and the contractor within 15 days of receipt of the intimation shall start the
rectification work and complete within the time specified by the owner failing which the
owner will get the defects rectified by themselves or by any other contractor and the
expenses incurred in getting the same done shall be paid by the Contractor under the
provision of the Contract.
Thus, defect liability is applicable only in case of job/works contract (civil, mechanical,
electrical, maintenance etc. ) where any damage of defect may arise in future (i.e.
within 12 months from the date of completion of job) or lie undiscovered at the time of
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In other words, in case of service contracts (like car hire etc.) where there is no
question of damage or defect arising in future, the defect liability clause is not
applicable.

® Equipment or spare parts replaced under warranty/guarantees shall have further


warranty for 12 months from the date of acceptance. However, in no case will the
warranty exceed 24 months from the date of start of the original warranty. (Refer Annexure
22 – Govt. Guideline Sr. No. 14)

5.o. DAMAGE TO PROPERTY

5.o.1. Contractor shall be responsible for making good to the satisfaction of the Owner
any loss of and any damage to all structures and properties belonging to the Owner
or being executed or procured by the Owner or of other agencies within the
premises of the work of the Owner, if such loss or damage is due to fault and/or
the negligence or willful acts or omission of the Contractor, his employees,
agents, representatives or sub-contractors.

5.o.2. The Contractors shall indemnify and keep the Owner harmless of all claims for
damage to Owner's property arising under or by reason of this contract.

® 5.p. LIMITATION OF LIABILITY

Notwithstanding anything contrary contained herein, the aggregate total liability of


Seller, excluding his liability towards infringement of patent, trade mark or industrial
design rights under the contract or otherwise shall be limited to 100% of value of
Purchase order. However, neither party shall be liable to the other party for any
indirect and consequential damages, loss of profits or loss of production. (Refer
Annexure 22 – Govt. Guideline Sr. No. 13)

6. DUTIES AND RESPONSIBILITIES OF CONTRACTOR

6.a. EMPLOYMENT LIABILITY TOWARDS WORKERS EMPLOYED BY THE


CONTRACTOR

6.a.1 The Contractor shall be solely and exclusively responsible for engaging or
employing persons for the execution of work. All persons engaged by the
contractor shall be on Contractor's payroll and paid by Contractor. All disputes or
differences between the Contractor and his/their employees shall be settled by
Contractor.
6.a.2. Owner has absolutely no liability whatsoever concerning the employees of the
Contractor. The Contractor shall indemnify Owner against any loss or damage or
liability arising out of or in the course of his/their employing persons or relation
with his/their employees. The Contractor shall make regular and full payment of
wages and on any complaint by any employee of the Contractor or his sub
contractor regarding non-payment of wages, salaries or other dues, Owner
reserves the right to make payments directly to such employees or sub-
contractor of the Contractor and recover the amount in full from the bills of the

® REVISION: PROC-021/01.07.2017

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Contractor and the contractor shall not claim any compensation or


reimbursement thereof. The Contractor shall comply with the Minimum Wages
Act applicable to the area of work site with regard to payment of wages to his
employees and also to employees of his sub contractor.
6.a.3. The Contractor shall advise in writing or in such appropriate way to all of his
employees and employees of sub-contractors and any other person engaged by
him that their appointment/employment is not by the Owner but by the
Contractor and that their present appointment is only in connection with the
construction contract with Owner and that therefore, such an
employment/appointment would not enable or make them eligible for any
employment/appointment with the Owner either temporarily or/and permanent
basis.

6.b. NOTICE TO LOCAL BODIES

The contractor shall comply with and give all notices required under any Government
authority, instruction, rule or order made under any act of parliament, state laws or
any regulations or by-laws of any local authority relating to the works.

6.c. FIRST AID AND INDUSTRIAL INJURIES

6.c.1 Contractor shall maintain first aid facility for his employees and those of his
sub-contractors.
6.c.2. Contractor shall make arrangements for ambulance service and for the
treatment of all types of injuries. Names and telephone numbers of those
providing such services shall be furnished to Owner prior to start of
construction and their name board shall be prominently displayed in Contractor's
field office.
6.c.3. All industrial injuries shall be reported promptly to owner and a copy of
contractor's report covering each personal injury requiring the attention of a
physician shall be furnished to the Owner.

6.d. SAFETY CODE

6.d.1. The Contractor shall at his own expenses arrange for the Safety provisions
as may be necessary for the execution of the work or as required by the
Engineer-in-Charge in respect of all labours directly or indirectly employed for
performance of the works and shall provide all facilities in connections
therewith. In case the contractor fails to make arrangements and provide
necessary facilities as aforesaid, the Owner shall be entitled to do so and
recover the cost thereof from the Contractor.
6.d.2. From the commencement to the completion of the works, the contractor shall
take full responsibility for the care thereof and of all the temporary works (defined
as meaning all temporary works of every kind required in or for the execution,
completion or maintenance of the works). In case damage, loss or injury shall
happen to the works or to any part thereof or to temporary works or to any
cause whatsoever repair at his (Contractor's) own cost and make good the
same so that at the time of completion, the works shall be in good order and
condition and in conformity in every respect with the requirement of the contract
and Engineer-in-Charge's instructions.

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6.d.3. In respect of all labour, directly or indirectly employed in the work for the
performance of the Contractor's part of this agreement, the contractor shall
at his own expense arrange for all the safety provisions as per relevant Safety
Codes of C.P.W.D Bureau of Indian Standards, the Electricity Act/I.E. Rules.
The Mines Act and such other Acts as applicable.
6.d.4. The Contractor shall observe and abide by all fire and safety regulations of
the Owner. Before starting construction work, the Contractor shall consult
with Owner's Safety Engineer or Engineer-in-Charge/Site-in-Charge and must
make good to the satisfaction of the Owner any loss or damage due to fire to
any portion of the work done or to be done under this agreement or to any of
the Owner's existing property.
6.d.5. The Contractor will be fully responsible for complying with all relevant provisions
of the Contract Labour Act and shall pay rates of Wages and observe hours
of work/conditions of employment according to the rules in force from time to
time.
6.d.6. The Contractor will be fully responsible for complying with the provision
including documentation and submission of reports on the above to the
concerned authorities and shall indemnify the Corporation from any such
lapse for which the Government will be taking action against them.
6.d.7. Owner shall on a report having been made by an inspecting Office as
defined in the Contract Labour Regulations have the power to deduct from the
money due to the Contractor any sum required or estimated to be required for
making good the loss suffered by a worker(s) by reasons of non-fulfillment of
conditions of contract for the benefit of workers no-payment of wages or of
deductions made from his or their wages which are not justified by the terms of
contract or non observance of the said contractor's labour Regulation.

6.e. INSURANCE AND LABOUR


Contractor shall at his own expense obtain and maintain an insurance policy with a
Nationalised Insurance Company to the satisfaction of the Owner as provided
hereunder.

6.e.1. EMPLOYEES STATE INSURANCE ACT

i. The Contractor agrees to and does hereby accept full and exclusive
liability for the compliance with all obligations imposed by Employees State
Insurance Act, 1948, and the Contractor further agrees to defend
indemnify and hold Owner harmless from any liability or penalty which may
be imposed by the Central, State or local authority by reason of any
asserted violation by Contractor, or sub-contractor of the Employees' State
Insurance Act, 1948 and also from all claims, suits or proceedings that
may be brought against the Owner arising under, growing out of or by
reason of the work provided for by this contract whether brought by
employees of the Contractor, by third parties or by Central or State
Government authority or any political sub-division thereof.
ii. The Contractor agrees to file with the Employees State Insurance
Corporation, the Declaration forms and all forms which may be required
in respect of the Contractor's or sub-contractor's employee whose
aggregate emuneration is within the specified limit and who are employed
in the work provided or those covered by ESI Act under any amendment to
the Act from time to time.
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The Contractor shall deduct and secure the agreement of the sub-
contractor to deduct the employee's contribution as per the first schedule of
the Employee's State Insurance Act from wages and affix the employee's
contribution cards at wages payment intervals. The Contractor shall remit
and secure the agreement of the sub contractor to remit to the State Bank
of India, Employee's State Insurance Corporation Account, the Employee's
contribution as required by the Act.

ii. The Contractor agrees to maintain all records as required under the Act
in respect of employees and payments and the Contractor shall secure the
agreement of the sub contractor to maintain such records. Any expenses
incurred for the contributions, making contribution or maintaining records
shall be to the Contractor's or sub-contractor's account.

iv. The Owner shall retain such sum as may be necessary from the total
contract value until the Contractor shall furnish satisfactory proof that all
contributions as required by the Employees State Insurance Act, 1948, have
been paid.

v. WORKMAN'S COMPENSATION AND EMPLOYEE'S LIABILITY


INSURANCE
Provide Insurance for all the Contractor's employees engaged in the
performance of this contract. If any of the work is sublet, the Contractor shall
ensure that the sub contractor provides workmen's compensation and
Employer's Liability Insurance for the latter's employees who are not
covered under the Contractor's insurance.

vi. AUTOMOBILE LIABILITY INSURANCE

Contractor shall take out an Insurance to cover all risks to Owner for each
of his vehicles plying on works of this contract and these insurances shall
be valid for the total contract period. No extra payment will be made for this
insurance. Owner shall not be liable for any damage or loss not made good
by the Insurance Company, should such damage or loss result from
unauthorised use of the vehicle. The provisions of the Motor Vehicle Act
would apply.

vii. FIRE INSURANCE

Contractor shall within two weeks after award of contract insure the
Works, Plant and Equipment and keep them insured until the final
completion of the Contract against loss or damage by accident, fire or any
other cause with an insurance company to be approved by the
Employer/Consultant in the joint names of the Employer and the Contractor
(name of the former being placed first in the Policy). Such Policy shall
cover the property of the Employer only.

6.e.2. ANY OTHER INSURANCE REQUIRED UNDER LAW OR REGULATION OR BY


OWNER

i. Contractor shall also provide and maintain any and all other insurance which
may be required under any law or regulations from time to time. He shall
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also carry and maintain any other insurance which may be required by the
Owner.

ii. The aforesaid insurance policy/policies shall provide that they shall not be
cancelled till the Engineer-in-Charge has agreed to their cancellation.

iii. The Contractor shall satisfy to the Engineer-in-Charge/Site-in-Charge


from time to time that he has taken out all insurance policies referred to
above and has paid the necessary premium for keeping the policies alive till
the expiry of the defects liability period.

iv. The contractor shall ensure that similar insurance policies are taken out
by his sub-contractor (if any) and shall be responsible for any claims or
losses to the Owner resulting from their failure to obtain adequate
insurance protections in connection thereof. The contractor shall produce or
cause to be proceed by his sub-contractor (if any) as the case may be, the
relevant policy or policies and premium receipts as and when required by the
Engineer-in-Charge/Site-in-Charge.

® v. Contractor shall at his own expense cover all the workmen engaged
under him under “Pradhan Mantri Surksha Bima Yojana (PMSBY)” and
submit proof of the same to HPCL.

6.e.3. LABOUR AND LABOUR LAWS

i. The contractor shall at his own cost employ persons during the period of
contract and the persons so appointed shall not be construed under
any circumstances to be in the employment of the Owner.

ii. All payments shall be made by the contractor to the labour employed by
him in accordance with the various rules and regulations stated above.
The contractor shall keep the Owner indemnified from any claims
whatsoever inclusive of damages/costs or otherwise arising from injuries
or alleged injuries to or death of a person employed by the contractor or
damages or alleged damages to the property.

iii. No labour below the age of eighteen years shall be employed on the
work. The Contractor shall not pay less than what is provided under the
provisions of the contract labour (Regulations and Abolition) Act, 1970 and
the rules made thereunder and as may be amended from time to time. He
shall pay the required deposit under the Act appropriate to the number of
workman to be employed by him or through sub contractor and get himself
registered under the Act. He shall produce the required Certificates to the
Owner before commencement of the work. The Owner recognises only the
Contractor and not his sub contractor under the provisions of the Act. The
Contractor will have to submit daily a list of his workforce. He will also keep
the wage register at the work site or/and produce the same to the Owner,
whenever desired. A deposit may be taken by the Owner from the
Contractor to be refunded only after the Owner is satisfied that all
workmen employed by the Contractor have been fully paid for the period of
work in Owner's premises at rates equal to or better than wages provided
for under the Minimum Wages Act. The contractor shall be responsible and
liable for any complaints that may arise in this regard and the
consequences thereto.
® REVISION : PROC-009/07.03.2016
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iv. The Contractor will comply with the provisions of the Employee's Provident
Fund Act and the Family Pension Act as may be applicable and as
amended from time to time.

v. The Contractor will comply with the provisions of the payment of Gratuity
Act, 1972, as may be applicable and as amended from time to time.

vi. IMPLEMENTATION OF APPRENTICES ACT, 1961


The Contractor shall comply with the provisions of the Apprentices Act, 1961
and the Rules and Orders issued thereunder from time to time. If he fails to
do so, his failure will be a breach of the contract and the Engineer-in-
Charge may, at his discretion, cancel the contract. The Contractor shall
also be liable for any pecuniary liability arising on account of any violation
by him of the provision of the Act.

vii. MODEL RULES FOR LABOUR WELFARE

The Contractor shall at his own expenses comply with or cause be complied
with Model rules for Labour Welfare as appended to those conditions or rules
framed by the Government from time to time for the protection of health
and for making sanitary arrangements for worker employed directly or
indirectly on the works. In case the contractor fails to make arrangements as
aforesaid the Engineer-in-Charge/Site-in-Charge shall be entitled to do so
and recover the cost thereof from the contractor.

6.f. DOCUMENTS CONCERNING WORKS

6.f.1. All documents including drawings, blue prints, tracings, reproducible models,
plans, specifications and copies, thereof furnished by the Owner as well as all
drawings, tracings, reproducibles, plans, specifications design calculations
etc. prepared by the contractor for the purpose of execution of works
covered in or connected with this contract shall be the property of the Owner and
shall not be used by the contractor for any other work but are to be delivered
to the Owner at the completion or otherwise of the contract.

6.f.2. The Contractor shall keep and maintain secrecy of the documents, drawings
etc. issued to him for the execution of this contract and restrict access to such
documents, drawings etc. and further the Contractor shall execute a SECRECY
agreement from each or any person employed by the Contractor having access
to such documents, drawings etc. The Contractor shall not issue drawings and
documents to any other agency or individual without the written approval by
the Engineer-in-Charge/Site-in- Charge.

6.f.3. Contractor will not give any information or document etc. concerning details of
the work to the press or a news disseminating agency without prior written
approval from Engineer-in-charge/Site-in-Charge. Contractor shall not take
any pictures on site without written approval of Engineer-in-Charge/Site-in-
Charge.

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7. PAYMENT OF CONTRACTOR'S BILLS


7.1. Payments will be made against Running Accounts bills certified by the Owner's
Engineer-in-Charge/Site-in-Charge within 15 days from the date of receipt of the
bill..

7.2. Running Account Bills and the final bill shall be submitted by the Contractor together
with the duly signed measurements sheet(s) to the Engineer-in-Charge/ Site-in-
Charge of the Owner in quadruplicate for certification.

The Bills shall also be accompanied by quantity calculations in support of the


quantities contained in the bill along with cement consumption statement,
actual/theoretical, wherever applicable duly certified by the Engineer-in-Charge/ Site-in-
Charge of the Owner.

7.3. All running account payments shall be regarded as on account payment(s) to be finally
adjusted against the final bill payment. Payment of Running Account Bill(s) shall not
determine or affect in any way the rights of the Owner under this Contract to make
the final adjustments of the quantities of material, measurements of work and
adjustments of amounts etc. in the final bill.

7.4. The final bill shall be submitted by the Contractor within one month of the date of
completion of the work fully and completely in all respects. If the Contractor fails to
submit the final bill accordingly Engineer-in-Charge/Site-in-Charge may make the
measurement and determine the total amount payable for the work carried out by the
Contractor and such a certification shall be final and binding on the Contractor.
The Owner/Engineer- in-Charge/Site-in-Charge may take the assistance of an outside
party for taking the measurement, the expenses of which shall be payable by the
Contractor.

7.5. Payment of final bill shall be made within 30 days from the date of receipt of the certified
bill by the Disbursement Section of the owner.

7.6 Wherever possible, payment shall be tendered to the contractor in electronic mode
(e-payment) through any of the designated banks. The contractor will comply by
furnishing full particulars of Bank acount (mandate) to which the payments will be
routed. Owner reserves the right to make payment in any alternate mode also.

7.a. MEASUREMENT OF WORKS


7.a.1. All measurements shall be in metric system. All the works will be jointly
measured by the representative of the Engineer-in-Charge/Site-in-Charge and
the Contractor or their authorised agent progressively. Such measurement will
be recorded in the Measurement Book/Measurement Sheet by the Contractor
or his authorised representative and signed in token of acceptance by the
Owner or their authorised representative.
7.a.2. For the purpose of taking joint measurement, the Contractor/representative
shall be bound to be present whenever required by the Engineer-in-Charge/Site-
in-Charge.
If, however, they are absent for any reasons whatsoever, the measurement will
be taken by the Engineer-in-Charge/Site-in-Charge or his representative and the
same would be deemed to be correct and binding on the Contractor.
7.a.3. In case of any dispute as to the mode of measurement for any item of work,
the latest Indian Standard Specifications shall be followed. In case of any
further dispute on the same the same shall be as per the certification of an
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outside qualified Engineer/ Consultant. Such a measurement shall be final and


binding on the Owner and the Contractor.

7.b. BILLING OF WORKS EXECUTED


The Contractor will submit a bill in approved proforma in quadruplicate to the Engineer-
in-Charge/Site-in-Charge of the work giving abstract and detailed measurement for
the various items executed during a month, before the expiry of the first week of the
succeeding month. The Engineer-in-Charge/Site-in-Charge shall take or cause to be
taken the requisite measurements for the purpose of having the bill verified and/or
checked before forwarding the same to the disbursement office of the Owner for further
action in terms of the Contract and payment thereafter. The Engineer-in-Charge/Site-in-
Charge shall verify the bills within 7 days of submission of the Bill by the
Contractor.

7.c. RETENTION MONEY

10% of the total value of the Running Account and Final Bill will be deducted and retained
by the Owner as retention money on account of any damage/defect liability that
may arise for the period covered under the defect liability period clause of the Contract
free of interest. Any damage or defect that may arise or lie undiscovered at the time of
issue of completion certificate connected in any way with the equipment or materials
supplied by contractor or in workmanship shall be rectified or replaced by the contractor
at his own expense failing which the Owner shall be entitled to rectify the said
damage/defect from the retention money. Any excess of expenditure incurred by the
Owner on account of damage or defect shall be payable by the Contractor. The decision
of the Owner in this behalf shall not be liable to be questioned but shall be final and
binding on the Contractor.

Thus, deduction towards retention money is applicable only in case of job/works contracts
(civil, mechanical, electrical, maintenance etc.) where any damage or defect may arise
in future (i.e. within 12 months from the date of completion of job) or lie undiscovered at
the time of issue of completion certificate.

7.d. STATUTORY LEVIES

7.d.1 The Contractor accepts full and exclusive liability for the payment of any and all
taxes, duties, cess, levies and statutory payments payable under all or any of
the statutes etc.

Variations of taxes and duties arising out of the amendments to the Central / State
enactments, in respect of sale of goods / services covered under this bid shall be to
HPCL’s account, so long as :

 They relate to the period after the opening of the price bid, but before the
contracted completion period ( excluding permitted extensions due to delay on
account of the contractors, if any) or the actual completion period, whichever is
earlier; and
 The vendor furnishes documentary evidence of incurrence of such variations, in
addition to the invoices/documents for claiming Cenvat /Input Tax credit,
wherever applicable.

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All contributions and taxes for unemployment compensation, insurance and old
age pensions or annuities now or hereafter imposed by Central or State
Governmental authorities which are imposed with respect to or covered by
the wages, salaries or other compensations paid to the persons employed by the
Contractor and the Contractor shall be responsible for the compliance with all
obligations and restrictions imposed by the Labour Law or any other law affecting
employer-employee relationship and the Contractor further agrees to comply and
to secure the compliance of all sub-contractors with all applicable Central,
State, Municipal and local laws, and regulations and requirements of any
Central, State or Local Government agency or authority.

Contractor further agrees to defend, indemnify and hold harmless from any
liability or penalty which may be imposed by the Central, State or Local
authorities by reason of any violation by Contractor or sub-contractor of such
laws, regulations or requirements and also from all claims, suits or proceedings
that may be brought against the Owner arising under, growing out of, or by
reasons of the work provided for by this contract by third parties, or by Central
or State Government authority or any administrative sub-division thereof. The
Contractor further agrees that in case any such demand is raised against the
Owner, and Owner has no way but to pay and pays/makes payment of the same,
the Owner shall have the right to deduct the same from the amounts due and
payable to the Contractor. The Contractor shall not raise any demand or
dispute in respect of the same but may have recourse to recover/receive
from the concerned authorities on the basis of the Certificate of the Owner issued
in that behalf.

7.d.2. The rates quoted should be inclusive of all taxes. However, wherever a
tax to be deducted at source the same will be deducted from the bills of
the Contractor and paid to the concerned authorities. The proof of such
payments of tax on works contract will be furnished to the contractor.

The vendor shall comply with all the provisions of the GST
Act/Rules/requirements like providing of tax invoices, payment of taxes to the
authorities within the due dates, filing of returns within the due dates etc. to
enable HPCL to take Input Tax Credit. In case of imports, vendor shall
provide import documents and invoice fulfilling the requirement of Customs
Act and Rules. Vendor will be fully responsible for complying with the
Customs provisions to enable HPCL to take Input Tax Credit.

In case, HPCL is not able to take Input Tax Credit due to any
noncompliance/default/negligence of the seller of goods/service provider, the
same shall be recovered from the pending bills/dues (including security
deposit, BG etc.)

Vendor shall be responsible to indemnify the Corporation for any loss, direct
or implied accrued to the Corporation on account of supplier/service provider
failure to discharge his statutory liabilities like paying taxes on time, filing
appropriate returns within the prescribed time etc.

7.d.3. Income tax will be deducted at source as per rules at prevailing rates, unless
certificate, if any, for deduction at lesser rate or nil deduction is submitted by the
Contractor from appropriate authority.

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7.d.4 The contractor shall provide accurate particulars of PAN number as required, under
Section 206AA of Income Tax Act 1961.

7.d.5 The contractors having their ‘tax residency status’ outside India shall provide
Tax Residency Certificate (TRC), issued by Government of the Country or the
specified territory where the Contractor is a Resident. Rule 21AB of the
Income Tax Rules, 1962 has prescribed the contents of a TRC. This would
enable the Corporation to deduct tax at source by duly considering the ‘treaty
relief’, if any, under Double Taxation Avoidance Agreement (DTAA) entered
into between GOI and the respective country/specified territory in which the
Contractors’ ‘tax residency status’ is currently in force.

7.d.6 Anti-Profiteering Clause – GST Act anti-profiteering provisions mandates that


any reduction in tax rates or benefits of input tax credits be passed on to the
consumer by way of commensurate reduction in prices. Vendors to take note
of the same and pass such benefits while quoting their price.

7.e. MATERIALS TO BE SUPPLIED BY CONTRACTOR


7.e.1. The Contractor shall procure and provide the whole of the materials required for
construction including tools, tackles, construction plant and equipment for the
completion and maintenance of the works except the materials viz. steel and
cement which may be agreed to be supplied as provided elsewhere in the contract.
The contractor shall make arrangement for procuring such materials and for the
transport thereof at their own cost and expenses.

7.e.2. The Owner may give necessary recommendation to the respective authority if
so desired by the Contractor but assumes no responsibility of any nature.
The Contractor shall procure materials of ISI stamp/certification and
supplied by reputed suppliers borne on DGS&D list.

7.e.3. All materials procured should meet the specifications given in the tender
document. The Engineer-in-charge may, at his discretion, ask for samples and
test certificates for any batch of any materials procured. Before procuring, the
Contractor should get the approval of Engineer-in-Charge/Site-in-Charge for
any materials to be used for the works.

7.e.4. Manufacturer's certificate shall be submitted for all materials supplied by the
Contractor. If, however, in the opinion of the Engineer-in-Charge/Site-in-Charge
any tests are required to be conducted on the material supplied by the
Contractor, these will be arranged by the Contractor promptly at his own cost.

7.f. MATERIALS TO BE SUPPLIED BY THE OWNER

7.f.1. Steel and Cement maybe supplied by the Owner to the contractor against
payment by Contractor from either godown or from the site or within work
premises itself and the contractor shall arrange for all transport to actual work
site at no extra cost.

7.f.2. The contractor shall bear all the costs including loading and unloading, carting
from issue points to work spot storage, unloading, custody and handling and
stacking the same and return the surplus steel and cement to the Owner's
storage point after completion of job.
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7.f.3. The contractor will be fully accountable for the steel and cement received from the
Owner and contractor will give acknowledgement/receipt for quantity of steel and
cement received by him each time he uplifts cement from Owner's custody.

7.f.4. For all computation purposes, the theoretical cement consumption shall be
considered as per CPWD standards.

7.f.5. Steel and Cement as received from the manufacturer/stockists will be


issued to the contractor. Theoretical weight of cement in a bag will be
considered as 50 Kg. Bags weighing upto 4% less shall be accepted by the
contractor and considered as 50 Kg. per bag. Any shortage in the weight of
any cement bag by more than 4% will be to the Owner's account only when
pointed out by the Contractor and verified by Engineer-in-Charge/Site in Charge
at the time of Contract or taking delivery.

7.f.6. The contractor will be required to maintain a stock register for receipt, issuance
and consumption of steel and cement at site. Cement will be stored in a
warehouse at site. Requirement of cement on any day will be taken out of the
warehouse. Cement issued shall be regulated on the basis of FIRST RECEIPT
to go as FIRST ISSUE.

7.f.7. Empty cement bag shall be the property of the Contractor. Contractor shall
be penalised for any excess/under consumption of cement. The penal rate
will be twice the rate of issue of cement for this work.

7.f.8. All the running bills as well as the final bills will be accompanied by cement
consumption statements giving the detailed working of the cement used,
cement received and stock-on-hand.

7.f.9. The Contractor will be fully responsible for safe custody of cement once it is
received by him and during transport. Owner will not entertain any claims of the
contractor for theft, loss or damage to cement while in their custody.

7.f.10. The contractor shall not remove from the site any cement bags at any time.

7.f.11. The Contractor shall advise Engineer-in-charge/Site-in-charge in writing atleast 21


days before exhausting the Cement stocks already held by Contractor to ensure
that such delays do not lead to interruptions in the progress of work.

7.f.12. Cement shall not be supplied by the Owner for manufacturing of mosaic tiles,
precast cement jali and any other bought out items which consume cement and
for temporary works.

7.f.13. Cement in bags and in good usable condition left over after the completion of
work shall be returned by the contractor to the Owner. The Owner shall make
payment to the Contractor at the supply rate for such stocks of cement they
accept and receive. Any refused stock of cement shall be removed by the
Contractor from the site at his cost and expenses within 15 days of completion of
the work.

8. PAYMENT OF CLAIMS AND DAMAGES

8.1. Should the Owner have to pay money in respect of claims or demands as aforesaid the
amount so paid and the costs incurred by the Owner shall be charged to and paid by
the Contractor and the Contractor shall not be entitled to dispute or question the right of
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the Owner to make such payments notwithstanding the same may have been without
his consent or authority or in law or otherwise to the contrary.

8.2. In every case in which by virtue of the provisions of Workmen's Compensation Act,
1923, or other Acts, the Owner is obliged to pay Compensation to a Workman
employed by the Contractor in execution of the works, the Owner will recover from the
Contractor the amount of compensation so paid and without prejudice to the rights
of Owner under the said Act. Owner shall be at liberty to recover such amount or any
part thereof by deducting it from the security deposit or from any sum due to the
Contractor whether under this contract or otherwise. The Owner shall not be
bound to contest any claim made under Section 12 sub section (1) of the said Act,
except on the written request of the Contractor and upon his giving to the Owner full
security for all costs for which the owner might become liable in consequence of
contesting such claim.

8.a. ACTION AND COMPENSATION IN CASE OF BAD WORK


If it shall appear to the Engineer-in-Charge/Site-in-Charge that any work has been
executed with bad, imperfect or unskilled workmanship, or with materials, or that any
materials or articles provided by the Contractor for execution of the work are not of
standards specified/inferior quality to that contracted for, or otherwise not in accordance
with the contract, the CONTRACTOR shall on demand in writing from the Engineer-in-
Charge/Site-in-Charge or his authorised representative specifying the work,
materials or articles complained of, notwithstanding that the same may have been
inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct
the work so specified and at his own charge and cost and expenses and in the event of
failure to do so within a period of 15 days of such intimation/ information/knowledge,
the Contractor shall be liable to pay compensation equivalent to the cost of
reconstruction by the Owner. On expiry of 15 days period mentioned above, the Owner
may by themselves or otherwise rectify or remove and re-execute the work or remove
and replace with others, the materials or articles complained of as the case may be at
the risk and expenses in all respects of the Contractor. The decision of the Engineer-
in- Charge/ Site-in-Charge as to any question arising under this clause shall be final and
conclusive and shall not be raised as a dispute or shall be arbitrable.

8.b. INSPECTION AND AUDIT OF CONTRACT AND WORKS

This project is subject to inspection by various Government agencies of Government


of India. The contractor shall extend full cooperation to all the Government and other
agencies in the inspection of the works, audit of the Contract and the documents of
Contract Bills, measurements sheets etc. and examination of the records of works and
make enquiries interrogation as they may deem fit, proper and necessary.
Upon inspection etc. by such agencies if it is pointed out that the contract work has not
been carried out according to the prescribed terms and conditions as laid down in the
tender documents and if any recoveries are recommended, the same shall be
recovered from the contractors running bills/final bill/from ordered/suggested Security
Deposit/retention money. The Contractor shall not rise any dispute on any such account
and the same shall not be arbitrable.

9. CONTRACTOR TO INDEMNIFY THE OWNER

The Contractor shall indemnify the Owner and every member, officer and employee
of the Owner, also the Engineer-in-Charge/Site-in-Charge and his staff against all the
actions, proceedings, claims, demands, costs, expenses, whatsoever arising out of or in
connection with the works and all actions, proceedings, claims, demands, costs,
expenses which may be made against the Owner for or in respect of or arising out of
any failure by the Contractor in the performance of his obligations under the contract.
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The Contractor shall be liable for or in respect of or in consequence of any accident or


injury to any workmen or other person in the employment of the Contractor or his sub
contractor and Contractor shall indemnify and keep indemnified the Owner against all
such damages, proceedings, costs, charges and expenses whatsoever in respect thereof
or in relation thereto.

10. Price reduction

i) In case of any delay in completion of the work beyond the CDD, the Owner
shall be entitled to be paid Price Reduction by the Contractor. The price
reductionshall be initially at the rate of 0.5% (half percent) of the total contract
value for every week of the delay subject to a maximum of 5% of the total
contract value. The price reductionshall be recovered by the Owner out of
the amounts payable to the Contractor or from any Bank Guarantees or
Deposits furnished by the Contractor or the Retention Money retained from the
Bills of the Contractor, either under this contract or any other contract.

ii) The Contractor shall be entitled to give an acceptable unconditional Bank


Guarantee in lieu of such a deduction if Contractor desires any decision on
a request for time extension.

iii) Once a final decision is taken on the request of the Contractor or otherwise, the
price reduction shall be applicable only on the basic cost of the contract and on
each full completed week(s) of delay (and for part of the week, a pro-rata price
reduction amount shall be applicable).

iv) This final calculation of price reduction shall be only on the value of the
unexecuted portion/quantity of work as on the CDD.

v) Contractor agrees with the Owner, that the above represents a genuine pre-
estimate of the damages which the Owner will suffer on account of delay in the
performance of the work by Contractor. The Contractor further agrees that the
price reduction amount is over and above any right which owner has to risk
purchase under Clause 12.4 and any right to get the defects in the work rectified
at the cost of the contractor.

11. DEFECTS AFTER TAKING OVER OR TERMINATION OF WORK CONTRACT BY


OWNER

The Contractor shall remain responsible and liable to make good all losses or damages
that may occur/appear to the work carried out under this Contract within a period of 12
months from date of issue of the Completion Certificate and/or the date of Owner
taking over the work, whichever is earlier. The Contractor shall issue a Bank Guarantee
to the Owner in the sum of 10% of the work entrusted in the Contract, from any
Scheduled Bank (other than a Co-Operative Bank) acceptable to the Owner and if
however, the Contractor fails to furnish such a Bank Guarantee the Owner shall have
right to retain the Security Deposit and Retention Money to cover the 10% of the
Guarantee amount under this clause and to return/refund the same after the expiry of the
period of 12 months without any interest thereon. (Please refer to clause 4. Deposits)

12. TERMINATION OF CONTRACT

12.1 The owner may terminate the contract at any stage of the construction for reasons to
be recorded in the letter of termination.

12.2 The Owner inter alia may terminate the Contract for any or all of the following reasons
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that the contractor

a) has abandoned the work/Contract.

b) has failed to commence the works, or has without any lawful excuse under these
conditions suspended the work for 15 consecutive days.

c) has failed to remove materials from the site or to pull down and replace the work
within 15 days after receiving from the Engineer written notice that the said
materials or work were condemned and/or rejected by the Engineer under specified
conditions.

d) has neglected or failed to observe and perform all or any of the terms acts, matters
or things under this Contract to be observed and performed by the Contractor.

e) has to the detriment of good workmanship or in defiance of the Engineer's instructions


to the contrary sub-let any part of the Contract.

f) has acted in any manner to the detrimental interest, reputation, dignity, name or
prestige of the Owner.

g) has stopped attending to work without any prior notice and prior permission for a
period of 15 days.

h) has become untraceable.

i) has without authority acted in violation of the terms and conditions of this contract
and has committed breach of terms of the contract in best judgement of the owner.

j) has been declared insolvent/bankrupt.

k) in the event of sudden death of the Contractor.

12.3 The owner on termination of such contract shall have the right to appropriate the
Security Deposit, Retention Money and invoke the Bank Guarantee furnished by the
contractor and to appropriate the same towards the amounts due and payable by the
contractor as per the conditions of Contract and return to the contractor excess
money, if any, left over.

12.4 In case of Termination of the contract, Owner shall have the right to carry out the
unexecuted portion of the work either by themselves or through any other
contractor(s) at the risk and cost of the Contractor. In view of paucity of time,
Owner shall have the right to place such unexecuted portion of the work on any
nominated contractor(s). However, the overall liability of the Contractor shall be
restricted to 100 % of the total contract value.

12.5 The contractor within or at the time fixed by the Owner shall depute his authorised
representative for taking joint final measurements of the works executed thus far and
submit the final bill for the work as per joint final measurement within 15 days of the
date of joint final measurement. If the contractor fails to depute their representative
for joint measurement, the owner shall take the measurement with their Engineer-in-
Charge/Site-in-Charge or any other outside representatives. Such a
measurement shall not be questioned by the Contractor and no dispute can be
raised by the Contractor for purpose of Arbitration.

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12.6 The Owner may enter upon and take possession of the works and all plant, tools,
scaffoldings, sheds, machinery, power operated tools and steel, cement and other
materials of the Contract at the site or around the site and use or employ the same for
completion of the work or employ any other contractor or other person or persons to
complete the works. The Contractor shall not in any way object or interrupt or do
any act, matter or thing to prevent or hinder such actions, other Contractor or
other persons employed for completing and finishing or using the materials and
plant for the works. When the works shall be completed or as soon thereafter the
Engineer shall give a notice in writing to the Contractor to remove surplus
materials and plant, if any, and belonging to the Contractor except as provided
elsewhere in the Contract and should the Contractor fail to do so within a period of 15
days after receipt thereof the Owner may sell the same by public auction and shall
give credit to the contractor for the amount realised. The Owner shall thereafter
ascertain and certify in writing under his hand what (if anything) shall be due or
payable to or by the Owner for the value of the plant and materials so taken
possession and the expense or loss which the Owner shall have been put to in
procuring the works, to be so completed, and the amount if any, owing to the
Contractor and the amount which shall be so certified shall thereupon be paid by the
Owner to the Contractor or by the Contractor to the Owner, as the case may, and the
Certificate of the Owner shall be final and conclusive between the parties.

12.7 When the contract is terminated by the Owner for all or any of the reasons mentioned
above the Contractor shall not have any right to claim compensation on account of
such termination.

® 13. FORCE MAJEURE

Circumstances leading to force majeure

(a) act of terrorism;

(b) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or
not), civil war, rebellion, revolution, insurrection of military or usurped power;

(c) ionising radiation or contamination, radio activity from any nuclear fuel or from
any nuclear waste from the combustion of nuclear fuel, radioactive toxic
explosive or other hazardous properties of any explosive assembly or nuclear
component;

(d) epidemics, earthquakes, flood, fire, hurricanes, typhoons or other physical


natural disaster, but excluding weather conditions regardless of severity; and

(e) freight embargoes, strikes at national or state-wide level or industrial disputes at


a national or state-wide level in any country where Works are performed, and
which affect an essential portion of the Works but excluding any industrial
dispute which is specific to the performance of the Works or the Contract.

For the avoidance of doubt, inclement weather, third party breach, delay in supply
of materials (other than due to a nationwide transporters’ strike) or commercial
hardship shall not constitute a Force Majeure event.

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• Notification of Force Majeure

Contractor shall notify within [10(ten)] days of becoming aware of or the date it
ought to have become aware of the occurrence of an event of Force Majeure giving
full particulars of the event of Force Majeure and the reasons for the event of Force
Majeure preventing the Affected Party from, or delaying the Affected Party in
performing its obligations under the Contract.

• Right of either party to terminate

If an event of Force Majeure occurs and its effect continues for a period of 180
(one hundred eighty days) or more in a continuous period of 365 (three hundred
sixty-five) days after notice has been given under this clause, either Party may
terminate the Contract by issuing a written notice of 30 (thirty) days to the other
Party.

• Payment in case of termination due to Force Majeure

The Contract Price attributable to the Works performed as at the date of the
commencement of the relevant event of Force Majeure.

The Contractor has no entitlement and Owner has no liability for:

a) any costs, losses, expenses, damages or the payment of any part of the Contract
Price during an event of Force Majeure; and
b) any delay costs in any way incurred by the Contractor due to an event of Force
Majeure.
Time extension for such cases will be worked out appropriately.

14. ARBITRATION

14.1 All disputes and differences of whatsoever nature, whether existing or which shall at any
time arise between the parties hereto touching or concerning the agreement, meaning,
operation or effect thereof or to the rights and liabilities of the parties or arising out of or in
relation thereto whether during or after completion of the contract or whether before after
determination, foreclosure, termination or breach of the agreement (other than those in
respect of which the decision of any person is, by the contract, expressed to be final and
binding) shall, after written notice by either party to the agreement to the other of them
and to the Appointing Authority hereinafter mentioned, be referred for adjudication to the
Sole Arbitrator to be appointed as hereinafter provided.

14.2 The appointing authority shall either himself act as the Sole Arbitrator or nominate some
officer/retired officer of Hindustan Petroleum Corporation Limited (referred to as owner or
HPCL) or a retired officer of any other Government Company in the Oil Sector of the rank
of Ch. Manager & above or any retired officer of the Central Government not below the
rank of a Director, to act as the Sole Arbitrator to adjudicate the disputes and differences
between the parties. The contractor/vendor shall not be entitled to raise any objection to
the appointment of such person as the Sole Arbitrator on the ground that the said person
is/was an officer and/or shareholder of the owner, another Govt. Company or the
Central Government or that he/she has to deal or had dealt with the matter to which the
contract

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GENERAL TERMS &
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® REVISION: PROC-021/01.07.2017

relates or that in the course of his/her duties, he/she has/had expressed views on all
or any of the matters in dispute or difference.

14.3 In the event of the Arbitrator to whom the matter is referred to, does not accept the
appointment, or is unable or unwilling to act or resigns or vacates his office for any
reasons whatsoever, the Appointing Authority aforesaid, shall nominate another person
as aforesaid, to act as the Sole Arbitrator.

14.4 Such another person nominated as the Sole Arbitrator shall be entitled to proceed with
the arbitration from the stage at which it was left by his predecessor. It is expressly
agreed between the parties that no person other than the Appointing Authority or a
person nominated by the Appointing Authority as aforesaid, shall act as an Arbitrator.
The failure on the part of the Appointing Authority to make an appointment on time shall
only give rise to a right to a Contractor to get such an appointment made and not to
have any other person appointed as the Sole Arbitrator.

14.5 The Award of the Sole Arbitrator shall be final and binding on the parties to the
Agreemen
t.

14.6 The work under the Contract shall, however, continue during the Arbitration
proceedings and no payment due or payable to the concerned party shall be withheld
(except to the extent disputed) on account of initiation, commencement or pendency of
such proceedings.

14.7 The Arbitrator may give a composite or separate Award(s) in respect of each dispute
or difference referred to him and may also make interim award(s) if necessary.

14.8 The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by
the parties unless the Sole Arbitrator otherwise directs in his award with reasons. The
lumpsum fees of the Arbitrator shall be R 40,000/- per case for transportation
contracts and R 60,000/- for engineering contracts and if the sole Arbitrator
completes the arbitration including his award within 5 months of accepting his
appointment, he shall be paid R 10,000/- additionally as bonus. Reasonable actual
expenses for stenographer, etc. will be reimbursed. Fees shall be paid stage wise i.e.
25% on acceptance, 25% on completion of pleadings/documentation, 25% on
completion of arguments and balance on receipt of award by the parties

14.9 Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act, 1996
or any statutory modification or re-enactment thereof and the rules made thereunder,
shall apply to the Arbitration proceedings under this Clause.

14.10 The Contract shall be governed by and constructed according to the laws in force in
India. The parties hereby submit to the exclusive jurisdiction of the Courts situated
at “location given in tender header” (say Mumbai*) for all purposes. The Arbitration
shall be held at “location mentioned for such purpose in Tender header” (say Mumbai*)
and conducted in English language.

14.11 The Appointing Authority is the Functional Director of Hindustan Petroleum Corporation
Limited.

(Note:- * = While printing the GTCs, each Procurement Authorities at various location,
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GENERAL TERMS &
CONDITIONS OF WORKS CONTRACT

may mention the correct place before printing the GTC and not leave Clause 14.10 blank
or as stated above. Bracketed portion is to be removed.

15. GENERAL

15.1. Materials required for the works whether brought by the or supplied by the Owner
shall be stored by the contractor only at places approved by Engineer-in-
Charge/Site-in-Charge. Storage and safe custody of the material shall be the
responsibility of the Contractor.

15.2. Owner and/or Engineer-in-Charge/Site-in-Charge connected with the contract,


shall be entitled at any time to inspect and examine any materials intended to be
used in or on the works, either on the site or at factory or workshop or at other
place(s) manufactured or at any places where these are laying or from which these
are being obtained and the contractor shall give facilities as may be required for such
inspection and examination.

15.3. In case of any class of work for which there is no such specification supplied by the
owner as is mentioned in the tender documents, such work shall be carried out in
accordance with Indian Standard Specifications and if the Indian Standard
Specifications do not cover the same the work should be carried out as per standard
Engineering practice subject to the approval of the Engineer-in-Charge/Site-in-
Charge.

15.4. Should the work be suspended by reason of rain, strike, lockouts or other cause the
contractor shall take all precautions necessary for the protection of the work
and at his own expense shall make good any damages arising from any of these
causes.

15.5 The contractor shall cover up and protect from injury from any cause all new work
also for supplying all temporary doors, protection to windows and any other
requisite protection for the whole of the works executed whether by himself or
special tradesmen or sub- contractors and any damage caused must be made
good by the contractors at his own expense.

15.6 If the contractor has quoted the items under the deemed exports, then it will be the
responsibility of the contractor to get all the benefits under deemed exports from the
Government. The Owner’s responsibility shall only be limited to the issuance of
required certificates. The quotation will be unconditional and phrases like “subject to
availability of deemed exports benefit” etc. will not find place in it.

16. Integrity Pact : Effective 1st September, 2007, all tenders and contracts shall comply with
the requirements of the Integrity Pact (IP) if the value of such tenders or contracts is ` 1
crore & above. Failure to sign the Integrity Pact shall lead to outright rejection of bid.

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-,
GENERALTERMS &
.• I
CONDITIONS OF WORKS CONTRACT

17. Grievances of parties participating or intend to participate in the tender shall


be addressed in writing to the officer designate of the Grievance
Redressal Cell where the tenders have to be submitted within the stipulated
period. Detailed mechanism of Grievance Redressal is available on the
HPCL website.

® 18. The guidelines for Holiday Listing as adopted and available on HPCL website
shall be applicable to all tenders floated and all Purchase Orders/Contracts
placed by HPCL.

® REVISION : PROC-019/02.11.2016

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BANK GUARANTEE FOR
MOBILISATION ADVANCE

BANK GUARANTEE FOR MOBILISATION ADVANCE

(On Non-Judicial stamp paper of appropriate value)

Hindustan Petroleum Corporation Ltd.,

(Address as applicable)

1. In consideration of M/s Hindustan Petroleum Corporation Ltd., Government of India


Company registered under the Companies Act, 1956 having its Registered Office at
17, Jamshedji Tata Road, Bombay - 400 020 (hereinafter called the "Corporation" which
expression shall include its successors in business and assigns having placed an order
on M/s a partnership firm/sole proprietor/a
Company registered under the Companies Act 1956, having its office at
(complete address) (hereinafter called "the
supplier/contractor" (which expression shall include its successors in business and
assigns) vide Purchase Order No. dated
for (specify nature of job) (hereinafter called "the Order" which
expression shall include any amendments / alterations thereto as issued by "the
Corporation") for the supply of goods to/the execution of service for "the Corporation"
and having agreed to pay the suppliers as and by way of advance upto a sum of
Rupees being % of the value of "the Order" in terms
of "the order" on production of an acceptable Bank Guarantee for an amount of `
.

2. We, Bank (hereinafter referred to as "the Bank") , do at the request


and on behalf of "The Suppliers / Contractor" hereby agree to pay to "the Corporation"
without any demur on first demand an amount not exceeding ` (in words)
against any loss or damage, costs, to or suffered by "the Corporation" by reason of any
breach on the part of "the Supplier/Contractor" of any of the terms and conditions of the
said "Order".

3. We, Bank, further agree that "the Corporation" shall be the


sole judge whether the said "Supplier/Contractor" has committed breach of any of the
terms and conditions of "the Order" and the extent of loss, damage, cost, charges and
expenses suffered or incurred or would be suffered or incurred by "the Corporation" on
account thereof and we waive in favour of "the Corporation" all the rights and defense to
which we as guarantors and/or the supplier may be entitled to.

4. We, Bank, further agree that the amount demanded by "the


Corporation" as such shall be final and binding on "the Bank" as to "the Bank's" liability to
pay the amount demanded and "the Bank" undertake to pay "the Corporation" the amount
so demanded on first demand without any demur notwithstanding any dispute raised by
"the Supplier/Contractor" or any suit or other legal proceedings including arbitration

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BANK GUARANTEE FOR
MOBILISATION ADVANCE

pending before any court, tribunal or arbitrator relating thereto, our liability under this
guarantee being absolute and unconditional.

5. We, Bank, further agree that the guarantee herein contained shall
remain in full force and continue to have full effect so long as the said amount
remains unadjusted.

6. We, Bank, further agree with "the Corporation" that "the


Corporation" shall have the fullest liberty without any consent and without affecting in any
manner our obligations hereunder to vary any of the terms and condition of the said
"Order" or to extended time of performance by "the Supplier/Contractor" from time to
time or to postpone for any time or from time to time any of the powers exercisable by
"the Corporation" against "the Supplier / Contractor" and to forbear to enforce any of the
terms and conditions relating to "the Order" and we shall not be relieved from our liability
by reason of any such variation or extension being granted to "the Corporation" or for
any forbearance, act or omission of "the Supplier/Contractor" or any such matter
of things, whatsoever which under the law relating to sureties would, but for these
provisions, have the effect of relieving us.

7. We, Bank, hereby lastly undertake not to revoke this guarantee


during its currency except with the previous consent of "the Corporation" in writing.

8. Not withstanding anything contained herein above :

i. Our liability under this guarantee shall not exceed ` ..........


ii. This Bank Guarantee shall be valid upto and including .......; and
iii. We are liable to pay the guarantee amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or # before
the expiry of 30 days from the date of expiry of this guarantee.

9. This guarantee shall not be determined or affected by the liquidation or winding up,
dissolution or change of constitution or insolvency of "the Supplier/Contractor", but shall
in all respects and/for all purposes be binding and operative on "the Bank" until payment
of all moneys payable by "the Supplier/Contractor" in terms thereof.

10. "The Bank" has power to issue this guarantor in favour of "the Corporation" in terms of
the documents and/or the agreement/contract or MOU entered into between "the
Supplier/Contractor" and "the Bank" in this regard.

IN WITNESS whereof, Bank of , has executed this document at


on 199 .

(FOR BANK)
(by its constituted attorney)
(signature of a person authorized
to sign on behalf of "the Bank")

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BANK GUARANTEE FOR
ADVANCES

BANK GUARANTEE FOR ADVANCES

(on non-judicial stamp paper of appropriate value)

To,
Hindustan Petroleum Corporation Ltd.,

(Address as applicable)

In CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED,


a Government of India Company registered under the Companies Act 1956, having its
registered office at 17, Jamshedji Tata Road, Bombay - 400 020 (hereinafter called "the
Corporation" which expression shall include its successors in business and assigns) having
placed an order on Messrs a partnership firm/sole proprietor
business/ a company registered under the Companies Act, 1956 having its office at
(hereinafter called "the Supplier" which expression shall
include its successors and assigns) vide Order No. dated
(hereinafter called "the Order" which expression shall include any amendments/alterations
thereto as issued by "the Corporation") for the supply of goods/to the execution of Service for
"the Corporation" and having agreed to pay the supplier as and by way of advance upto a
sum of ` (Rupees only )
being % of the value of the order in terms of "the Order" on production of an
acceptable Bank Guarantee for an amount of ` (Rupees
only)

1. We, Bank having office at


(hereafter referred to as "the Bank") do at the request and on behalf of "the Supplier's"
hereby agree to pay "the Corporation" without any demur on first demand an amount
not exceeding ` (Rupees only) against any
loss or damage, costs, charges and expenses caused to or suffered or would be
caused to or suffered by "the Corporation" by reason of any
breach on the part of "the Supplier" of any of the terms and conditions of the said order.

2. We, Bank further agree that "the Corporation" shall be sole judge
whether the said "Supplier" has committed breach of any of the terms and conditions of
"the Order" and the extent of loss, damage, cost charges and expenses suffered or
incurred or would be suffered or incurred by "the Corporation" on account thereof and
we waive in favour of "the Corporation" all the rights and defences to which we as
guarantors and/or "the Supplier" may be entitled to.

3. We, Bank further agree that the amount demanded by "the


Corporation" as such shall be final and binding on "the Bank" as to "the Bank's" liability to
pay and amount demanded and "the Bank" undertake to pay "the Corporation" the
amount so demanded on first demand and without any demur notwithstanding any
dispute raised by "the Supplier" or any suit or other legal proceedings including
arbitration pending before any court tribunal or arbitrator relating thereto, our liability under

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BANK GUARANTEE FOR
ADVANCES

this guarantee being absolute and unconditional. (We Bank


further agree that the guarantee herein contained shall remain in full force and
continue to have full effect so long as the said amount remains unadjusted,
provided, however, the value of the guarantee shall progressively reduce upon any
adjustments being made by "the Corporation" against the said advance and "the
Corporation" rights shall extend only to the value of the unadjusted amount.

4. We, Bank further agree with "the Corporation" that "the


Corporation" shall have the fullest liberty without our consent and without affecting in any
manner our obligations hereunder to vary any of the terms and conditions of the said
"order"/or to extend time of performance by "the Supplier" from time to time or to
postpone for any time or from time to time any of the powers exercisable by "the
Corporation" against "the Supplier" and to forbear to enforce any of the terms and
conditions relating to "the Order" and we shall not be relieved from our liability by
reason of any such variation or extension being granted to "the Supplier" or for any
forbearance, act or omission on "the Supplier" or by any such matter or things
whatsoever which under the law relating to sureties would be for this provisions have the
effect of relieving us.

5. Not withstanding anything contained herein above :

i. Our liability under this guarantee shall not exceed ` ..........


ii. This Bank Guarantee shall be valid upto and including .......; and
iii. We are liable to pay the guarantee amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or # before
the expiry of 30 days from the date of expiry of this guarantee

6. We, Bank further undertake not to revoke this guarantee during its
currency except with the previous consent of "the Corporation" in writing.

7. We, Bank lastly agree that "the Bank" liability under this
guarantee shall not be affected by any change in the constitution of "the Supplier".

8. We, Bank has power to issue this guarantee in favour of "the


Corporation" in terms of the documents and/or the agreement/contract or MOU
entered into between"the supplier" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this


day of

(FOR BANK)
(by its constituted attorney)
(signature of a person authorized
to sign on behalf of "the Bank")

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BANK GUARANTEE FOR
PERFORMANCE

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF


SUPPLIER / CONTRACTOR

(on non-judicial stamp paper of appropriate value)

To,

Hindustan Petroleum Corporation Ltd.,


(Address as applicable)

IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD. a

Government of India Company registered under the Companies Act, 1956, having its
registered office at 17, Jamshedji Tata Road, Bombay - 400 020 (hereinafter called "the
Corporation" which expression shall include its successors and assigns) having awarded to
M/s a partnership firm/sole
proprietor business/a company registered under the Companies Act, 1956 having its
office at (hereinafter referred to as "the Supplier"
which expression shall wherever the subject or context so permits includes its successors and
assigns) a supply contract in terms inter alia, of "the Corporation's" Order
No. dated and the General procurement conditions of
"the Corporation" and upon the condition of "supplier's" furnishing security for the
performance of "the Supplier's" obligations and/or discharge of "the supplier's" liability under
and/or in connection with the said supply contract upto a sum of `
(Rupees_ ) amounting to 10% (ten percent) of the
total contract value.

We, (hereinafter called "the Bank" which expression shall include


its successors and assigns) hereby jointly and severally undertake and guarantee to pay to
"the Corporation" in rupees forthwith on demand in writing and without protest or demur of any
and all moneys anywise payable by "the Supplier" to "the Corporation" under, in respect of
or in connection with the said supply contract inclusive of all the Corporation's losses and
damage and costs, (inclusive between attorney and client) charges, and expenses and other
moneys anywise payable in respect of the above as specified in any notice of demand
made by "the Corporation" to the Bank with reference to this Guarantee upto and
aggregate limit of ` (Rupees ) and "the

Bank" hereby agrees with "the Corporation" that:

1. This Guarantee/Undertaking shall be a continuing Guarantee /Undertaking and shall remain


valid and irrecoverable for all claims of "the Corporation" and liabilities of "the Supplier"
arising upto and until midnight of

2. This Guarantee/Undertaking shall be in addition to any other guarantee or security


whatsoever that "the Corporation" may now or any time anywise have in relation to "the

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BANK GUARANTEE FOR
PERFORMANCE

Supplier's obligation/liabilities under and/or connection with the said supply contract,
and "the Corporation" shall have full authority to take recourse to or enforce this security
in preference to the other security(ies) at its sole discretion and no failure on the part of
"the Corporation" to enforcing or requiring enforcement to any other security shall have
the effect of releasing "the Bank" from its full liability hereunder.

3. "The Corporation" shall be at liberty without reference to "the Bank" and without affecting
the full liability of "the Bank" hereunder to take any other security in respect of "the
Supplier's" obligation and/or liabilities under or in connection with the said supply contract
and to vary the term vis-a-vis "the supplier" of the said supply contract or to grant time
and/or indulgence to "the Supplier" or to reduce or to increase or otherwise vary the prices
of the total contract value or to release or to forebear from enforcement of all or any of
the obligations of "the supplier" under the said supply contract and/or the remedies of "the
Corporation" under any other security(ies) now or hereafter held by "the Corporation" and
no such dealing(s), variation(s) or other indulgence(s) or agreement(s) with "the supplier"
or release of forbearance whatsoever shall have the effect of releasing "the Bank" from
its full
liability to "the Corporation" hereunder or of prejudicing rights of "the Corporation" against
"the Bank".

4. This Guarantee/Undertaking shall not be determined or affected by the liquidation or


winding up, dissolution or change of constitution or insolvency of "the supplier" but shall in
all respects and for all purposes be binding and operative until payment of all moneys
payable to "the Corporation" in terms hereof.

5. "The Bank" hereby waives all rights at any time inconsistent with the terms of this
Guarantee/Undertaking and the obligations of "the Bank" in terms hereof shall not be
anywise affected or suspended by reason of any dispute having been raised by "the
suppliers" (whether or not pending before any arbitrator, officer, tribunal or court) or any
denial of liability by "the supplier" or any other order of communication whatsoever by "the
supplier" stopping or preventing or purporting to stop or prevent any payment by "the
Bank" to "the Corporation" in terms hereof.

6. The amount stated in any notice of demand addressed by "the Corporation" to "the Bank"
as liable to be paid to "the Corporation" by "the supplier" or as suffered or incurred by "the
Corporation" on account of any losses or damages or costs, charges/and/or expenses
shall be as between "the Bank" and "the Corporation" be conclusive of the amount soliable
to be paid to "the Corporation" or suffered or incurred by "the Corporation", as the case
may be, and payable by "the Bank" to "the Corporation", in terms hereof.

7. Not withstanding anything contained herein above :

i. Our liability under this guarantee shall not exceed ` .........

ii. This Bank Guarantee shall be valid upto and including .......; and

iii. We are liable to pay the guarantee amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or # before
the expiry of 30 days from the date of expiry of this guarantee.

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BANK GUARANTEE FOR
PERFORMANCE

8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of
the documents and/or the agreement/contract or MOU entered into between "the
supplier" and "the Bank" in this regard.

IN WITNESS Where of Bank, has executed this document at


on 199 .

Bank
(by its constituted attorney) (signature of
a person authorized to sign on behalf of "the
Bank")

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COMPOSITE BANK
GUARANTEE FOR MOBILISATION

COMPOSITE BANK GUARANTEE FOR MOBILISATION ADVANCE,


SECURITY DEPOSIT/RETENTION MONEY/PERFORMANCE GUARANTEE

(On Non-Judicial stamp paper of appropriate value)

TO : Hindustan Petroleum Corporation Limited


(Address as applicable)

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION


LIMITED, a Government of India Company registered under the Companies Act, 1956,
having its registered office at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called
"The Corporation" (which expression shall include its successor in business and assigns)
having placed an order on Messers ............................ a partnership firm/sole
proprietor business/a company registered under the Companies Act, 1956 having its office at
.............. (hereinafter called "the supplier" (which expression shall include executors,
administrators and assigns) vide order No....................... dated.............. (hereinafter called
"the order" which expression shall include any amendments/alterations to "the order"
issued by "the Corporation") for the supply of goodsto/execution of services for "the
Corporation" and "the Corporation" having agreed :
a. not to insist upon immediate payment of Security deposit for the fulfilment and performance
of the said order
b. to pay "the supplier" as and by way of advance upto a sum of Rupees (Rupees
only) being % of the value of "the order";
c. that "the supplier" shall furnish a security for the performance of "the supplier's"
obligations and/or discharge of "the supplier's" liability in connection with the said "order";
and "the Corporation" having agreed with "the supplier" to accept a composite Bank
Guarantee for the mobilisation advance, security deposit, retention money and
performance guarantee

We, .................................................... Bank having office at ............................................


(hereinafter referred to as "the Bank" which expression shall includes its successors and
assigns) at the request and on behalf of "the supplier" hereby agree to pay to "the Corporation"
without any demur on first demand an amount not exceeding `...........
(Rupees.............................only) against any loss or damage, costs, charges and expenses
caused to or suffered by "the Corporation" by reason of non performance and fulfilment or for
any breach on the part of "the supplier" of any of the terms and conditions of the said "order".

2. We, ............................. Bank further agree that "the Corporation" shall be sole judge
whether the said "Supplier" has failed to perform or fulfill the said "order"in terms thereof
or committed breach of any terms and conditions of "the order" and the extent of loss,
damage, cost, charges and expenses suffered or incurred or would be suffered or incurred
by "the Corporation" on account thereof and we waive in the favour of "the Corporation" all
the rights and defences to which we as guarantors and/or "the Supplier" may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by "the
Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability
to pay and the amount demanded and "the Bank" undertake to pay "the Corporation" the

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Page 264 of 13748


COMPOSITE BANK
GUARANTEE FOR MOBILISATION

amount so demanded first demand and without any demur notwithstanding dispute
raised by "the Supplier" or any suit or other legalproceedings including arbitration pending
before any court, tribunal or arbitrator relating thereto, our liability under this guarantee
being absolute and unconditional.

4. We, .................................. Bank further agreewith "the Corporation" that "the Corporation"
shall have the fullest liberty without our consent and without affecting inany manner our
obligations hereunder to vary any of the termsand conditions of the said "order"/or to
extend time of performance by "the Supplier" from time to time or to postpone for any
time to time any of the powers exercisable by "the Corporation" against "the Supplier" and to
forbear to enforce any of the terms and conditions relating to "the order" and we shall not
be relieved from our liability by reason of any such variation or extension being granted to
"the Supplier" or for any forbearance, act or ommission on the part of "the Corporation" or
any indulgence by "the Corporation" to "the Supplier" or by any such matter or things
whatsoever which under the law relating to sureties would but for this provision have the
effect of relieving us.

5. However, it has been agreed between "the Supplier" and "the Corporation" that there shall
be only one Composite Bank Guarantee for both the advance and security deposit
performance guarantee/Retention Money @ of % valid till the end of the defects
liability period as per the terms of the P.O. No. dated
and that in proportion with the recovery of advance @ % per bill the same
amount/value automatically stands credited to the defects liability account/security deposit
or retention money as the case may be and will continue to be credited/treated till the
entire advance of ` is fully recovered from the running bills
and from the date of full recovery of the advance of ` this guarantee
automatically, shall stand valid towards the % retention money/defects liability, fully
valid in all
respects unto a further period of 3 (three) months, as per the Purchase Order of
"the Corporation".

6. Not withstanding anything contained herein above :

i. Our liability under this guarantee shall not exceed R ..........


ii. This Bank Guarantee shall be valid upto and including .......; and
iii. We are liable to pay the guarantee amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or before the
expiry of 30 days from the date of expiry of this guarantee.

7. We, ........................................ Bank furtherundertake not to revoke this guarantee during


its currency except with the previous consent of "the Corporation" in writing.

8. We, ......................................... Bank lastly agree that "the Bank"'s liability under this
guarantee shall not be affected by any change in the constitution of "the Supplier".

9. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of
the documents and/or the Agreement/Contract or MOU entered into between "the
Supplier" and "the Bank" in this regard.

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COMPOSITE BANK
GUARANTEE FOR MOBILISATION

IN WITNESS WHEREOF the Bank has executed this document on this .............................
day of ...........................

For ........................ Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of "the Bank")*

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Page 266 of 13748


BANK GUARANTEE IN LIEU OF EARNEST MONEY
(On Non-Judicial stamp paper of appropriate value)

TO : HPCL Rajasthan Refinery Limited

(Address as applicable)

IN CONSIDERATION OF MESSRS. HPCL Rajasthan Refinery Limited, incorporated on 18th


September, 2013, as a Joint Venture between Hindustan Petroleum Corporation Limited (HPCL)
and Government of Rajasthan (GOR), having its registered office at Tel Bhavan, Sahkar Marg, Lal
Kothi Vistar Jyoti Nagar, Jaipur Rajasthan, India (hereinafter called "The Corporation" which
expression shall include its successor in business and assigns) issued a tender on Messrs.
................................................ a partnership firm/sole proprietor business/a company registered
under the Companies Act, 1956 having its office at (hereinafter called "the Tenderer" which
expression shall include its executors, administrators and assigns) against Tender
no....................................................... dated .................... (hereinafter called "the tender" which
expression shall include any amendments/ alterations to "the tender" issued by "the Corporation")
for the supply of goods to/execution of services for "the Corporation" and "the Corporation" having
agreed not to insist upon immediate payment of Earnest Money for the fulfilment of the said tender
in terms thereof on production of an acceptable Bank Guarantee for an amount of `.........................
(Rupees ................................. only).

1. We, ................................... Bank having office at ..................................................... Bombay


(hereinafter referred to as "the Bank" which expression shall include its successors and
assigns) at the request and on behalf of "the Tenderer" hereby agree to pay to the Corporation
without any demur on first demand an amount not exceeding `........................ (Rupees
...................................... only) against any loss or damage, costs, charges and expenses
caused to or suffered by "the Corporation" by reason of non-performance and fulfilment or for
any breach on the part of "the Tenderer" of any of the terms and conditions of the said
"tender".

2. We, ........................................ Bank further agree that "the Corporation" shall be sole Judge
whether the said "Tenderer" has failed to perform or fulfill the said "tender" in terms thereof or
committed breach of any of the terms and conditions of "the order" and the extent of loss,
damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by
"the Corporation" on account thereof and we waive in favour of "the Corporation" all the rights
and defences to which we as guarantors and/or "the Tenderer" may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by "the Corporation"
as such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the
amount demanded and "the Bank" to undertake to pay "the Corporation" the amount so
demanded on first demand and without any demur notwithstanding any dispute raised by "the
Tenderer" or any suit or other legal proceedings including arbitration pending before any court,
tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and
unconditional.

4. We, ....................................... Bank further agree with "the Corporation" that "the Corporation"
shall have the fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said "tender"/or to extend
time of performance by "the Tenderer" from time to time or to postpone for any time to time any
of the powers exercisable by "the Corporation" against "the Tenderer" and to forbear to enforce
any of the terms and conditions relating to "the tender" and we shall not be relieved from our
liability by reason of any such variation or extension being granted to "the Tenderer" or for any
forbearance, act or ommission on the part of "the Corporation" or any indulgence by "the
Corporation" to "the tenderer" or by any such matter or things whatsoever which under the law
relating to sureties would but for this provision have the effect of relieving us.

Page 267 of 13748


5. NOTWITHSTANDING anything hereinbefore contained, our liability under this Guarantee is
restricted to ` ......... (Rupees....................................... only). Our liability under this guarantee
shall remain in force until expiration of eight months plus two months claim period, from the
due date of opening of the said "tender". Unless a demand or claim under this guarantee is
made on us in writing within said period, that is, on or before .................................... all rights of
"the Corporation" under the said guarantee shall be forfeited and we shall be relieved and
discharged from all liabilities thereunder.

6. We, ........................................ Bank further undertake not to revoke this guarantee during its
currency except with the previous consent of "the Corporation" in Writing.

7. We, ......................................... Bank lastly agree that "the Bank” 's liability under this
guarantee shall not be affected by any change in the constitution of "the Tenderer".

8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the
documents and/or the Agreement/Contract or MOU entered into between "the Tenderer" and
"the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this .......................... day of
........................

For ........................ Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of "the Bank")

Page 268 of 13748


BANK GUARANTEE FOR
SECURITY DEPOSIT

BANK GUARANTEE FOR SECURITY DEPOSIT

BANK GUARANTEE FOR SECURITY DEPOSIT

(On Non-Judicial stamp paper of appropriate value)

TO : Hindustan Petroleum Corporation Limited


(Address as applicable)

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED,


a Government of India Company registered under theCompanies Act, 1956, having its
registered office at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called "The
Corporation" (which expression shall include its successor in business and assigns)
having placed an order on Messers ............................ a partnership firm/sole
proprietor business/a company registered under the Companies Act, 1956 having its office at
.............. (hereinafter called "the supplier") (which expression shall include executors,
administrators and assigns) vide order No....................... dated.............. (hereinafter called
"the order" which expression shall include any amendments/alterations to "the order"
issued by "the Corporation") for the supply of goods to/execution of services for "the
Corporation" and "the Corporation" having agreed :

a) not to insist upon immediate payment of Security Deposit for the fulfilment and performance
of the said order

b) that "the supplier" shall furnish a security for the performance of "the supplier's"
obligations and/or discharge of "the supplier's" liability in connection with the said "order";
and "the Corporation" having agreed with "the supplier" to accept Bank Guarantee for
the security deposit.
We, .................................................... Bank having office at ............................................
(hereinafter referred to as "the Bank" which expression shall includes its successors and
assigns) at the request and on behalf of "the supplier" hereby agree to pay to "the
Corporation"without any demur on first demand an amount not exceeding `...........
(Rupees.............................only) against any loss ordamage, costs, charges and expenses
caused to or suffered by "the Corporation" by reason of non performance and fulfilment or for
any breach on the part of "the supplier" of any of the terms and conditions of the said "order".

2. We, ............................. Bankfurther agree that “the Corporation" shall be sole judge
whether the said "Supplier" has failed to perform or fulfill the said "order" in terms
thereof or committed breach of any terms and conditions of "the order" and the extent of
loss, damage, cost, charges and expenses suffered or incurred or would be suffered or
incurred by "the Corporation" on account thereof and we waive in the favour of "the
Corporation" all the rights and defences to which we as guarantors and/or "the Supplier"
may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by "the
Corporation" as such shall be final and binding on "the Bank" as to "the Bank's” liability
to pay and the amount demanded and "the Bank"undertake to pay "the Corporation" the
amount so demanded on first demand and without any demur notwithstanding any

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BANK GUARANTEE FOR
SECURITY DEPOSIT

dispute raised by "the Supplier" or any suit or other legal proceedings including arbitration
pending before any court, tribunal or arbitrator relating thereto, our liability under this
guarantee being absolute and unconditional.

4. We, .................................. Bank further agree with "the Corporation" that "the Corporation"
shall have the fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said "order"/or to
extend time of performance by "the Supplier" from time to time or to postpone for any
time to time any of the powers exercisable by "the Corporation" against "the Supplier" and to
forbear to enforce any of the terms and conditions relating to "the order" and we shall not
be relieved from our liability by reason of any such variation or extension being granted to
"the Supplier" or for any forbearance, act or ommission on the part of "the Corporation"
or any indulgence by "the Corporation" to "the Supplier" or by any such matter or
things whatsoever which under the law relating to sureties would but for this provision have
the effect of relieving us.

5. However, it has been agreed between "the Supplier" and "the Corporation" Bank
Guarantee for security deposit is Valid upto a period of 3 (Three) months beyond the
expiry of the defects liability period as per the terms of the Order No.
dated .
6. Not withstanding anything contained herein above :

i. Our liability under this guarantee shall not exceed ` ..........

ii. This Bank Guarantee shall be valid upto and including .......; and
iii. We are liable to pay the guarantee amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or # before
the expiry of 30 days from the date of expiry of this guarantee.
7. We, ........................................ Bank further undertake not to revoke this guarantee during
its currency except with the previous consent of "the Corporation" in writing.

8. We, ......................................... Bank lastly agree that "the Bank"'s liability under this
guarantee shall not be affected by any change in the constitution of "the Supplier".

9. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of
the documents and/or the Agreement/Contract or MOU entered into between "the
Supplier" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this

............................. day of ...........................

For ........................ Bank (by its

constituted attorney) (Signature of

a person authorised to sign on

behalf of "the Bank")*

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Page 270 of 13748


BANK GUARANTEE
IN LIEU OF LIQUIDATED DAMAGES

# BANK GUARANTEE IN LIEU OF LIQUIDATED DAMAGES


(On Non-Judicial stamp paper of appropriate value) (Clause B.11.1 of Chapter IV)

To: Hindustan Petroleum Corporation Limited


(Address as applicable)

IN CONSIDERATION OF MESS. HINDUSTAN PETROLEUM CORPORATION LIMITED


a Government of India Company registered under the Companies Act, 1956, having its
registered office at 17, Jamshedji Tata Road, Churchgate, Mumbai – 400 020 (hereinafter
called "The Corporation" which expression shall include its successor in business and
assigns) agreeing to grant a provisional extension of time in respect of the contract entered into
with Mess. ................................................ a sole proprietorship business/ partnership firm/
a company registered under the Companies Act, 1956 having its office at
........................................................... (hereinafter called "the Contractor", which expression shall
include its executor, administrator and assigns) against Purchase Order No. .......... dated
.................... (hereinafter called "the Contract" which expression shall include any
amendments/ alterations to "the contract" issued by "the Corporation") for
………………………………………. (state the purpose of the Contract), and the Contractor
having requested for extension of time without deduction of any Liquidated Damages from the
bills in terms of the Contract and "the Corporation" having agreed to grant provisional extension
of time pending a decision on the request for extension of time and not to insist upon immediate
deduction/payment of Liquidated Damages upon receipt of this unconditional irrevocable Bank
Guarantee for an amount of ....... ………………..(Rupees .......................................................
only).

We, ................................... Bank having our office at .....................................................


Bombay (hereinafter referred to as "the Bank" which expression shall include its successor and
assigns) at the request and on behalf of "the Contractor" hereby agree to pay to the Corporation
without any demur and on fit demand an amount not exceeding …………….......... (Rupees
...................................... only) against any loss or damage, costs, charges and expenses caused to
or suffered by or likely to be caused to or suffered by "the Corporation" by reason of the delay
in performance of work or the Corporation agreeing to grant such provisional extension of time
without insisting on deduction of Liquidated Damages.

2. We, ........................................ Bank further agree that "the Corporation" shall be sole
Judge whether the said "Contractor" has failed to perform or fulfill the said "Contract"
in terms thereof or committed breach of any of the terms and conditions of "the purchase

order/Contract" or was not entitled to any extension of time and also the extent of loss,
damage, cost, charges and expenses suffered or incurred or would be suffered or
incurred by "the Corporation" on account thereof and we waive in favour of "the
Corporation" all the rights and defenses to which we as guarantor and/or "the
Contractor" may be entitled to.

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Page 271 of 13748


BANK GUARANTEE
IN LIEU OF LIQUIDATED DAMAGES

3. We, ................................. Bank further agree that the amount demanded by "the
Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability
to pay the amount demanded and "the Bank" undertakes to pay to "the Corporation" the
amount so demanded on fit demand without further proof or conditions and without any
demur, reservation, contest, recourse or protest and without any enquiry of you or the
Contractor, forthwith and in full without any deductions or set-offs or counterclaim
whatsoever, the sum claimed by you in such Demand, notwithstanding any dispute raised
by "the Contractor" or the pendency of any suit or other legal proceedings including
arbitration pending before any court, tribunal or arbitrator relating thereto, our liability
under this guarantee being absolute and unconditional. We further agree that the
Corporation shall not be bound to disclose any reasons while demanding any amount
under the Bank Guarantee.

4. We, ....................................... Bank further agree with "the Corporation" that "the
Corporation" shall have the fullest liberty without our consent and without affecting in
any manner our obligations hereunder, to vary any of the terms and conditions of the said
"Contract"/or to extend time of performance by "the Contractor" from time to time or
to postpone for any time or from time to time any of the power exercisable by "the
Corporation" against "the Contractor" and to forbear to enforce any of the terms and
conditions relating to "the Contract" and we shall not be relieved from our liability by
reason of any such variation or extension being granted to "the Contractor" or for any
forbearance, act or omission on the part of "the Corporation" or any indulgence by
"the Corporation" to "the Contractor" or by any such matter or things whatsoever which
under the law relating to sureties would, but for this provision, have the effect of
relieving us. Any waive or other forbearance given or variations required under the
Contract or any invalidity, unenforceability or illegality of the whole or any part of the
Contract or rights of any party thereto, or amendment or other modification of the
Contract or any other fact, circumstance, provision of statute or law which might, were our
liability to be secondary and not primary, entitle us to be released in whole or in part from
our undertaking, shall not in any way release us from our obligations under this
Guarantee. Our obligations hereunder in respect of the sum or sums demanded by the
Corporation under this Guarantee are primary, independent and absolute and not by way
of surety only. The Corporation may make an unlimited number of Demands under this
Guarantee provided that the aggregate of all sums paid shall not exceed the entire
Guarantee Amount.

5. Notwithstanding anything hereinbefore contained, our liability under this Guarantee


is restricted to . ......... ……. (Rupees....................................... only). Our
liability under this guarantee shall remain in force until expiration of six months from
the expiry of the said "Contract". Unless a demand or claim under this guarantee is made
on us in writing within said period, that is, on or before .................................... all rights
of "the Corporation" under the said guarantee shall be forfeited and we shall be relieved
and discharged from all liabilities thereunder.

6. We, ........................................ Bank further undertake not to revoke this guarantee


during its currency except with the previous consent of "the Corporation" in Writing.

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BANK GUARANTEE
IN LIEU OF LIQUIDATED DAMAGES

7. We, ......................................... Bank lastly agree that "the Bank" 's liability under this
guarantee shall not be affected by any change in the constitution of "the Contractor" or
its insolvency winding up, reorganization, amalgamation or liquidation (including any
appointment of a receiver, administrator, administrative receiver or supervisor of the
Contractor or any of its assets) nor in case of any dispute or disagreement whatsoever
under the Agreement. We shall indemnify you immediately on demand against any cost,
loss or liability suffered by you as a result of our this obligation being or becoming
unenforceable, invalid or contrary to the laws of India (except in the case of a fraud by
you).

8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms
of the documents and/or the Agreement/Contract or MOU entered into between "the
Contractor" and "the Bank" in this regard. This Guarantee shall be governed by and
construed in accordance with the laws of the Republic of India.

9. Any demand, notice or other communication given in connection with or required by this
Guarantee shall be made in writing in English be delivered by hand to, or sent by pre-paid
registered post, or facsimile transmission to:

IN WITNESS WHEREOF the Bank has executed this document on this ..........................
day of ........................

For ........................ Bank (by its constituted


attorney) Signature of a peon authorised to
sign on behalf of the bank")

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Page 273 of 13748


RAJASTHAN REFINERY PROJECT (RRP)

SPECIAL CONDITIONS
OF CONTRACT
FOR EPCC/LSTK WORKS

B224_SCC_LSTK REV. 0
4-30-2019

Page 274 of 13748


SPECIAL CONDITIONS OF CONTRACT
(SCC)
Rev 00 Page 1 of 137

1.0 GENERAL 5
2.0 INTERPRETATION OF CONTRACT DOCUMENTS AND ORDER OF PRECEDENCE 13
3.0 DELETED 17
5.0 PLANS, DRAWINGS AND APPROVALS FURNISHED BY OWNER 19
6.0 PLANS, DESIGNS, DRAWINGS AND SPECIFICATIONS TO BE FURNISHED BY
CONTRACTOR 22
7.0 ALTERATIONS IN DESIGNS, PLANS, DRAWINGS, SPECIFICATIONS, ORDERS AND
INSTRUCTIONS 24
8.0 ALTERATION IN THE SCOPE OF WORK OR SUPPLY 25
9.0 CHANGE ORDERS 26
10.0 CANCELLATION OF CONTRACT 29
11.0 SUSPENSION 31
12.0 WORK FRONT 32
13.0 MATERIALS, LABOUR, EQUIPMENT AND FACILITIES 33
14.0 GENERAL PROVISION WITH REGARD TO MATERIALS 35
15.0 SUPPLY OF MATERIALS 39
16.0 MAKE OF MATERIALS 42
17.0 CERTIFICATE OF VERIFICATION AND GOOD CONDITION 43
18.0 MATERIALS WITHIN OWNER’S SCOPE OF SUPPLY 44
19.0 LAND, POWER, WATER AND OTHER FACILITIES: 44
20.0 SHIPPING AND OTHER DOCUMENTS 44
21.0 PACKING AND FORWARDING 45
22.0 TAXES, DUTIES AND OTHER LEVIES 48
23.0 PERFORMANCE 48
24.0 EXECUTION OF THE WORK 61
25.0 SUB-CONTRACTS 62
26.0 SUB-CONTRACTOR FOR CONSTRUCTION WORKS 63
27.0 ENGINEERING SUB-CONTRACTOR 64
28.0 MISCONDUCT 65
29.0 INSPECTION AND TESTING OF MATERIALS 65
30.0 INSPECTION AND TESTING OF WORKS 67
31.0 TESTS, COMMISSIONING AND POSSESSION OF WORKS 69
32.0 COMPLETION CERTIFICATE 72
33.0 DEFECT LIABILITY PERIOD AND LATENT DEFECTS 76
34.0 CONTRACTOR’S GUARANTEES 77
35.0 MEASUREMENTS, CERTIFYING INSPECTIONS AND PAYMENTS 84
36.0 CLAIMS BY THE CONTRACTOR 94

Page 275 of 13748


SPECIAL CONDITIONS OF CONTRACT
(SCC)
Rev 00 Page 2 of 137

37.0 DISCHARGE OF OWNER’S LIABILITY 96


38.0 FINAL CERTIFICATE AND RELEASES OF SECURITY 97
39.0 CLAIMS OF OWNER 98
40.0 TERMINATION 98
41.0 PERSONAL ACTS AND LIABILITIES 105
42.0 LABOUR LAWS AND REGULATIONS 105
43.0 RISK, ACCIDENT AND DAMAGE 108
44.0 INDEMNITY 109
45.0 EFFECTS OF INSURANCE 111
46.0 CONTRACTOR’S LIABILITY 111
47.0 TRAINING OF APPRENTICES 111
48.0 RECORDS AND INSPECTION 112
49.0 PATENTS AND ROYALTIES 112
50.0 ARTICLES OF VALUE FOUND 113
51.0 MATERIALS OBTAINED FROM DISMANTLING 113
52.0 LIENS AND LIABILITIES 113
53.0 COLLECTION OF INDEBTEDNESS 114
54.0 LIABILITIES OF SUB – CONTRACTOR (S) 114
55.0 CONFIDENTIAL HANDLING OF INFORMATION 114
56.0 WAIVER 115
57.0 CONTRACTOR’S ESTABLISHMENT 115
58.0 OBSERVANCE OF ENVIRONMENTAL REGULATIONS AND ENVIRONMENTAL
PROTECTION. 116
59.0 REGISTRATION OF THE CONTRACTOR WITH STATUTORY AUTHORITIES 116
60.0 STATUTORY APPROVALS 116
61.0 RENTS & ROYALTIES 117
62.0 UTLISATION OF LOCAL RESOURCES 117
63.0 GOVERNMENT REGULATIONS 117
64.0 TERMS OF PAYMENT 118
65.0 INSURANCE 118
66.0 DELETED 121
67.0 SUB-CONTRACTING 121
68.0 QUALIFICATION AND EXPERIENCE OF THE SUPERVISORY PERSONNEL 121
69.0 CRITICAL EQUIPMENTS 121
70.0 MAJOR TAGGED EQUIPMENTS 122
71.0 FREE ISSUE MATERIAL 122

Page 276 of 13748


SPECIAL CONDITIONS OF CONTRACT
(SCC)
Rev 00 Page 3 of 137

72.0 REQUIREMENT OF DOCUMENTATION 122


73.0 UNDERGROUND OBSTRUCTIONS: 122
74.0 CONSEQUENTIAL LOSSES: 122
75.0 RELATIONSHIP WITH CONSORTIA 122
76.0 ERRANT BIDDER 123
77.0 CORRUPT AND FRAUDULENT PRACTICES 123
78.0 SITE ORGANISATION 124
79.0 GENERAL GUIDELINES DURING AND BEFORE ERECTION: 124
80.0 MECHANISATION OF CONSTRUCTION ACTIVITIES AND MOBILISATION
OFCONSTRUCTION EQUIPMENT 125
81.0 DISTINCTION BETWEEN SUB-STRUCTURE AND SUPERSTRUCTURE 126
82.0 COMPLETION DOCUMENTS 126
83.0 COORDINATION WITH OTHER AGENCIES 127
84.0 SETTING OUT OF WORK 127
85.0 COORDINATION WITH CONSULTANT 127
86.0 ELECTRICAL CONTRACTOR’S LICENCE 127
87.0 PROCUREMENT OF TMT BARS, CEMENT AND STRUCTURAL STEEL. 127
88.0 CONSTRUCTION 128
89.0 ERECTION OF EQUIPMENT / BARRICADING 129
90.0 SPECIAL REQUIREMENT 129
91.0 LIABILITY OF GOVERNMENT OF INDIA 130
92.0 GENERAL REQUIREMENTS FOR RADIOGRAPHY & OTHER NDT 130
93.0 DELETED 131
94.0 THIRD PARTY INSPECTION AGENCIES 131
95.0 COMPUTERISED CONTRACTOR’S BILLING SYSTEM 132
96.0 QUALITY ASSURANCE SYSTEM 133
97.0 SETTLEMENT OF DISPUTE BETWEEN GOVT. DEPT. / PUBLIC SECTOR
UNDERTAKINGS 133
98.0 HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT / SAFETY NORMS 133
99.0 ARBITRATION 134
100.0 CHANGE IN SOURCE OF SUPPLY 135
101.0 MISCELLANEOUS: 135
102.0 INTEGRITY AGREEMENT 135
103.0 POLICY FOR PROVIDING PREFERENCE TO DOMESTICALLY (INDIAN)
MANUFACTURED IRON & STEEL PRODUCTS IN GOVERNMENT PROCUREMENT
(DMI &SP) 136
104.0 PURCHASE PREFERENCE LINKED WITH LOCAL CONTENT 136

Page 277 of 13748


SPECIAL CONDITIONS OF CONTRACT
(SCC)
Rev 00 Page 4 of 137

106.0 MODIFICATIONS TO GTC 136


107.0 TERMS & CONDITIONS FOR POST WARRANTY COMPREHENSIVE ANNUAL
MAINTENANCE CONTRACT (PWCAMC): 137
108.0 CONDITIONS FOR ISSUE AND RECONCILIATION OF MATERIALS: 137

LIST OF ANNEXURES:

ANNEXURE –I TIME FOR COMPLETION


ANNEXURE-II LOADING AND GUARANTEES
ANNEXURE-III CONSTRUCTION SUB-CONTRACTOR’S APPROVAL
ANNEXURE-IV QUALIFICATION AND EXPERIENCE OF KEY SUPERVISORY
CONSTRUCTION PERSONNEL
ANNEXURE-V DELETED
ANNEXURE-VI LIST OF MAJOR TAGGED EQUIPMENTS
ANNEXURE-VII FREE ISSUE MATERIAL DETAILS
ANNEXURE-VIII DELETED
ANNEXURE-IX WORK DURING MONSOON
ANNEXURE-X TERMS OF PAYMENT
ANNEXURE-XI DELETED
ANNEXURE-XII DELETED
ANNEXURE-XIII QUALITY ASSURANCE SYSTEM
ANNEXURE-XIV OISD GUIDELINES-192, OISD GUIDELINE-207
ANNEXURE-XV CONTRACTOR’s LABOUR REGULATIONS
ANNEXURE-XVI MODEL RULES FOR LABOUR WELFARE
ANNEXURE-XVII FORM OF CONTRACT
ANNEXURE-XIX PRICE ADJUSTMENT FOR SLIPPAGE IN COMPLETION
ANNEXURE-XX DELETED
ANNEXURE-XXI DELETED
ANNEXURE-XXII DELETED
ANNEXURE-XXIII DELETED
ANNEXURE-XXIV TAXES & DUTIES
ANNEXURE-XXV TERMS & CONDITIONS FOR POST WARRANTY ANNUAL
MAINTENANCE CONTRACT (PWAMC)
ANNEXURE-XXVI LAND, POWER, WATER AND OTHER FACILITIES
ANNEXURE-XXVII CONDITIONS FOR ISSUE AND RECONCILIATION OF MATERIALS
ANNEXURE - XXVIII PRICE REDUCTION/ADJUSTMENT FOR DELAY IN ACHIEVING
INTERMEDIATE MAJOR MILESTONES

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1.0 GENERAL
1.1 These Special Conditions of Contract (SCC) shall be read in conjunction with the
General Terms & Conditions of Works Contract (GTC), Notice Inviting Tender /
Instruction to Bidder, Schedule of Prices, specifications of work, drawings and
any other document forming part of this Contract wherever the context so
requires.
1.2 The provisions under clause 2.1 to 2.18 of the General Terms and Conditions
of Works Contract (GTC) stands replaced with the following expressions
hereunder and elsewhere in the Contract Documents used and their grammatical
variations shall unless repugnant to the subject or context thereof, have the
following meanings hereunder respectively assigned to them, namely:
1.2.1 “Agreed Variations” shall mean the statement of agreed variations annexed to
the Detailed Letter of Acceptance and any document subsequently signed by the
OWNER and the CONTRACTOR as an amendment of Contract.
1.2.2 Term "Agreement" wherever appearing in Bidding Document shall be read as
"Contract".
1.2.3 The "Authority" for the purpose of this Contract shall be the CEO or any other
person authorised by CEO.
1.2.4 “Approval” and its grammatical variations shall mean approved or confirmed in
writing by OWNER or Engineer-in-Charge.
1.2.5 “Battery Limit” shall mean the demarcated area within which the Unit is to be
located.
1.2.6 “Bid” shall mean the Contractor’s signed offer for the Works and all other
documents submitted along with the bid.
1.2.7 “Bid/Bidding/Tender Documents” mean the Notice Inviting Bids/ Letter Inviting
Bids, the instruction to bidders (including annexures), form of bid (including
appendices), the Contract Agreement, the General Terms &Conditions of Works
Contract, the Special Conditions of Contract, the Specifications and all other
reports, surveys, drawings and documents including amendments, if any,
provided to the Contractor by PMC.
1.2.8 “Bill of Materials” shall mean the Bill of Materials from time to time established
by the CONTRACTOR and approved by the OWNER pursuant to the provisions
of the Special Conditions of Contract and relevant provisions under clause No.
14.2.
1.2.9 “CATALYST” shall mean any catalyst or adsorbent or other like chemical(s) or
additive(s) required to be loaded to operate the UNIT.
1.2.10 The "CEO" shall mean the Chief Executive Officer of HPCL Rajasthan Refinery
Limited or any person so appointed, nominated or designated and holding the
office of Chief Executive Officer.
1.2.11 “Certificate of Verification and Good Condition” shall mean such certificate
referred to in Clause 17.0 hereof.
1.2.12 The "Change Order" means an order given in writing by the Owner to effect
additions to or deletion from or alterations into the Work.

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1.2.13 “Code-1 or Level-1 Approval” means final approval of drawings/documents


incorporating all comments of the OWNER (including OWNER’s Consultant).
1.2.14 “Code-2 or Level-2 Approval” means tentative approval of the drawings/
documents by the OWNER (including OWNER’s Consultant) with comments to
be incorporated by Contractor, with the intent that subject to incorporation of
and/or rectification in accordance with such comments, construction/
manufacture can proceed based on commented drawings/ documents pending
their re-submission and grant of Code-1 or Level-1 Approval.
1.2.15 “Code-3 or Level-3 Approval” means that on review of the drawings/ documents
by the OWNER (including OWNER’s Consultant) the same have not been found
in accordance with the applicable codes, standards, design basis and contractual
stipulations and must therefore be re-submitted for review and approval after
appropriate correction and/or re-preparation.
1.2.16 “Commissioning” means successfully pressing into service of the plant(s),
Equipment(s), Vessel(s), Pipeline(s), Machinery(ies) and systems & subsystems
comprised within the UNIT in accordance with the procedures as approved in the
applicable Operating Manual and as per the requirement of Process Licensor
after successful testing, pre-commissioning and trial run of the UNIT.
1.2.16.1 “Commissioning Certificate” shall mean the commissioning certificate specified
in Clause 31.4 hereof.
1.2.16.2 “Performance Test Certificate” shall mean the Performance Test Certificate
issued separately under Clause 31.5 hereof.
1.2.17 “Completion Certificate” shall mean the Completion Certificate issued by the
Engineer-in-Charge under Clause 32.0hereof.
1.2.18 “Construction Equipment” shall include all scaffolding, shuttering, appliances,
equipment, machinery, instruments and other things of whatever nature required
for use in or for the execution or completion of the work or maintenance of the
work(s) or temporary works other than materials falling within the scope of
supply.
1.2.19 “Construction materials” shall mean all materials whatsoever required for
permanent incorporation in the constructed Works, including but not limited to,
cement, iron and steel rods, plates, sheets and structural of any or all kinds,
sand, stone, aggregate, bricks, earth and clay, nuts and bolts, screws and nails
and other fasteners of all kinds, wood and boards of all kinds, electrical and other
wires, sanitary pipes and other sanitary fittings, sewage pipes and other sewage
fittings, drainage pipes and associated fixtures and fittings, switches, lights, fans,
contactors, cut-outs, switch boards, bus bars and control panels, bulbs and other
electrical fittings whatsoever, basins, taps, valves, stoppers, flanges, cisterns,
toilets, toilet-seats and other sanitary fittings of any kind whatsoever, water
proofing compounds, chemicals, paints, varnishes, white-washes, distempers,
plaster of paris and other finishing materials whatsoever, barricading materials of
all kinds and welding and other electrodes, lead and other alloys and compounds
and consumables whatsoever involved for and/or incorporated in the permanent
Works.

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1.2.20 The “Contract” shall mean the totality of agreement between OWNER and the
CONTRACTOR as derived from the Contract Documents.
1.2.21 The “CONTRACTOR” shall mean the bidder selected by the OWNER for the
faithful performance of the work and supply of materials and shall include the
successors, legal heirs, authorised representatives and permitted assigns of the
CONTRACTOR, and if the CONTRACTOR is joint venture or consortium, shall
include each member thereof.
1.2.22 “Contract Documents” shall mean the contract documents as defined in Article -
1 of the Form of Contract including Change Order(s), if any.
1.2.23 “Defect Liability Period” shall mean the defect liability period as specified in the
contract.
1.2.24 “Delivery Schedule” shall mean the delivery schedule of the supplies as
elsewhere provided for in the contract documents and Clause 15.0 hereof and
associated provisions.
1.2.25 The "Engineer-in-Charge or Site-in-Charge" shall mean the person appointed
or designated as such by the Owner and shall include those who are expressly
authorised by the owner to act for and on its behalf. This shall include the PMC or
CONSULTANT for the project wherever the Contract so reasonably admits.
1.2.26 “FEED Package” shall mean all technical details such as specifications,
drawings, documents, guidelines and/or instructions which will form the basis for
CONTRACTOR to take up detailed engineering, procurement and construction
activities for the UNIT.
1.2.27 “Final Certificate” shall mean the Final Certificate issued by the Engineer-in-
Charge under Clause 38.0 hereof.
1.2.28 “Mechanical Completion Certificate” also referred as “Final Test Certificate”
shall mean a Mechanical Completion Certificate in respect of Mechanical
Completion of the Unit, issued by the Engineer-in-charge under Clause 31.2
hereof.
1.2.29 “Foreign Currency” shall mean United States Dollar and EURO.
1.2.30 “Letter of Acceptance”/ “Letter of Intent” / ”Notification of acceptance” / “Letter of
Award” / “Fax of Acceptance” shall mean the Letter of Acceptance of bid issued
by the OWNER to the CONTRACTOR, and shall wherever the Contract so
requires include the “Detailed Letter of Acceptance” subsequently issued by the
OWNER to the CONTRACTOR.
1.2.31 “LICENSOR/PROCESS LICENSOR” shall mean the Process Licensor for the
UNIT or of any part thereof as per Technical section of Bidding Document.
1.2.32 “Lumpsum Price”/”Contract Value”/”Total Contract Value”/Contract Price”/”Total
Contract Price” shall mean the price indicated in form-SP-0 for execution of entire
scope and requirement as specified in Bidding Document and subsequent
amendments, if any. Break-up of the Lumpsum Price shall be provided in the
subsequent form for milestone payment and billing purpose i.e. price of Design
and Detailed Engineering specified in FORM SP-1 of the Price Schedule and

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price of the Supply specified in FORM SP-2 and the price of the
Construction/Installation specified in FORM SP-3 of the Price Schedule as the
same is expressed in Indian Rupees and Foreign Currency.
1.2.33 “Materials” shall mean all materials, plant, machinery, instruments, components,
assemblies, parts, spares and any other items and things whatsoever required
for permanent incorporation in the works to establish the UNIT and/or works
complete in all respect, and will include the replacement of any defective
materials and of any materials damaged, lost, or destroyed during transit,
storage, fabrication, erection, installation, testing, pre-commissioning,
commissioning or otherwise upto and until issue of the Completion Certificate,
and shall also include all construction materials.
1.2.34 “Mechanical Completion” shall be as defined in the Technical Section of the
Bidding Document.
1.2.35 “Mobilisation” shall mean establishment of sufficient and adequate infrastructure
by the CONTRACTOR at and about the job site(s) comprising of construction
equipment, aids, tools, tackle including establishment of temporary works, with
facilities, utilities, man power and equipment ready to receive, transport and store
materials and to commence and execute work at site(s), in accordance with the
Progress Schedule to the satisfaction of the Engineer-in-Charge.
1.2.36 “Notified Claim” shall mean a claim of the CONTRACTOR notified in
accordance with the provisions of Clause 36.1.
1.2.37 “Order” and “Instruction” shall respectively mean any written order or
instructions given by the OWNER or by the Engineer-in-Charge to the
CONTRACTOR within the scope of their respective powers in terms of the
Contract.
1.2.38 “Outside Battery Limit (OSBL) Facilities” shall mean the Offsite Facilities &
Utilities (if any) which are required to be set up by the CONTRACTOR outside
the Battery Limit.
1.2.39 The “OWNER” shall mean HPCL Rajasthan Refinery Ltd. (HRRL), a Joint
Venture Company between Hindustan Petroleum Corporation Limited (HPCL)
and Government of Rajasthan (GOR) for the purpose in the Bidding Document or
their successor or assigns. HRRL is incorporated in India and has its registered
office at Tel Bhavan, Sahkar Marg, Lal Kothi Vistar, Jyoti Nagar, Jaipur
Rajasthan, India, PIN – 302005. Wherever “Hindustan Petroleum Corporation
Limited”/ “HPCL” is appearing in GTC, the same shall be read as “OWNER”.
1.2.40 “Performance Test” shall mean the test or series of tests to be carried out by the
CONTRACTOR to prove the contractual guarantees with respect to the UNIT or
any part thereof, whether with reference to its input, throughput, output, quality,
quantity or consumption or otherwise.
1.2.41 The "Permanent Work" means and includes works which form a part of the
work to be handed over to the Owner by the Contractor on completion of the
contract.
1.2.42 “Plans” and “Drawings” shall mean to include maps, plans, tracings and prints
forming part of the bid documents and any detail or working drawings,

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amendments and/or modifications thereof approved in writing by the Engineer-in-


Charge or any agency notified by the OWNER to the CONTRACTOR for the
purpose and shall include any other drawings or plans in connection with the
work or any supply as may from time to time be furnished by or approved in
writing by the Engineer-in-Charge or any other agency nominated by the
OWNER in this behalf .
1.2.43 “Plant” means any and all permanent plant, equipment, machinery, apparatus,
articles and things of all kinds to be provided for incorporation or intended to be
incorporated (whether later incorporated in the Facility or otherwise, including
Contract Spares) in the Facility whether or not supplied from outside India or from
within India, but does not include consumables, Contractor's Equipment and
Goods and Materials.
1.2.44 “Pre-commissioning” shall mean all activities required to be performed after
final tests for all plant, equipment & machinery comprised within the UNIT which
is the subject matter of the Contract to bring the equipment covered from an
inactive condition to a state ready for trial run and shall include but not be limited
to checking of systems and vessels, flushing and steam blowing, air blowing of
pipelines, system leak checking upto the specified pressure, purging the system
using inert gas, checking of electrical equipment for proper earthing, installation
of resistance, conducting operability tests on individual equipment, vessels &
systems, integration of all control systems of the Unit with the control systems of
the Refinery or other installation(s) concerned and all other activities required to
be performed in terms of the Contract before Commissioning of the UNIT. The
activities to be performed by the CONTRACTOR shall also include Loop
checking during pre-commissioning activities for completely integrated
instrumentation and control system, including package/sub-package system
items and units for which control system is being integrated by the
CONTRACTOR in line with the requirements specified elsewhere in the bid
documents.
1.2.45 “Price Schedule” or “Schedule of Prices” shall mean the Price Schedule
annexed to the Detailed Letter of Acceptance.
1.2.46 “Price of Materials” shall mean the permanent materials and equipment such as
compressors, pumps, motors, columns, vessels, reactors, heat exchangers,
piping, electrical, instrumentation, etc which are finished goods and included
under SUPPLY PRICE (SP-2); and shall also include the Construction Materials
which are included under the CONSTRUCTION PRICE (SP-3) including the
taxes and duties as per provisions of Bidding Document.
1.2.47 “Price of Services” shall mean the services in relation to providing residual
process design, detailed engineering which shall be included under
ENGINEERING PRICE (SP-1); and services related to construction /installation
which shall be included under CONSTRUCTION PRICE (SP-3)” including the
taxes and duties as per provisions of Bidding Document.
1.2.48 “Progress Schedule” shall mean the Progress Schedule for the work as defined
in Clauses 23.6.5 hereof and shall, in the event of more than one progress
schedule being prepared, include each of such progress schedules.

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1.2.49 “PROJECT” shall mean the project embracing the works and /or Unit(s) forming
the subject matter of the bid and the resultant contract.
1.2.50 “PROJECT MANAGEMENT CONSULTANT” or “PMC” or “CONSULTANT”
shall mean any person(s) nominated by the OWNER as the Project Management
Consultant for the Project. The words “PROJECT MANAGEMENT
CONSULTANT”, “PMC”& “CONSULTANT” are synonymous. Person means any
individual, partnership, limited partnership, corporation, trust, joint stock
company, unincorporated association, joint venture or authority.
1.2.51 “Running Account Bill / Invoice” shall mean a fully supportive Bill / invoice for
the payment of “on account” monies to the CONTRACTOR in terms of Clause
35.5 hereof and associated Clauses thereunder.
1.2.52 “Schedule of Activities” shall mean the Schedule of Activities from time to time
submitted by the CONTRACTOR and approved by the OWNER pursuant to the
provisions of these General Terms & Conditions of Works Contract.
1.2.53 “Scope of Supply” shall mean the totality of materials by expression or
implication envisaged in the Contract including (but not limited to) the supply as
identified in the Bid Document.
1.2.54 “Scope of Contract” shall mean the totality of work and services to be performed
by the CONTRACTOR within the Scope of Work and totality of materials to be
supplied by the CONTRACTOR within the Scope of Supply and shall include (but
not be limited to) all works/services and supplies by expression or implication
envisaged in the Bid Documents.
1.2.55 The "Site" means the land on which the work is to be executed or carried out and
such other place(s) for purpose of performing the Contract.
1.2.56 The definition of “Work” as mentioned against Sl. No. 2.18 of General Terms &
Conditions of Works Contract stands replaced as under:
The expressions “Scope of Work” and “Scope of Services” and “Work” are
synonymous and mean the totality of the work/services by expression or
implication envisaged in the Contract, including (but not limited to) the work as
detailed in the Bid Documents, and include all work, facilities, materials, utilities,
consumables and equipment and labour required for or relative or incidental to or
in connection with the preparation for, commencement, performance, completion,
testing, pre-commissioning, start up, commissioning, performance guarantees,
replacement and/or rectification of any work(s)/services and/or in the
maintenance or inspection of the work(s) and any and all temporary works
required for or incidental to any work/service.
1.2.57 “Security Deposit (SD) / Contract Performance Bank Guarantee (CPBG)”
shall mean duly executed, irrevocable, and unconditional on demand Bank
Guarantee(s) that is to be procured and maintained by the CONTRACTOR in
accordance with clause no. 4.0 hereof and associated Clauses thereunder to
secure the due and faithful performance of the contract.
1.2.58 The definition of “Specifications” as mentioned against Sl. No. 2.14 of General
Terms & Conditions of Works Contract stands replaced as under:

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Specification(s) shall mean the various specification as set out in the


specifications and other documents forming part of the Bid Documents and as
referred to and derived from the contract and any order(s) or instruction(s)
thereunder, and in the absence of any specifications as aforesaid covering any
particular work or supply or part or portion thereof shall mean the relevant BS,
AWS, API, ASTM, BIS, AWWA or NACE, ASME, HEI, IEC, Indian Boiler
Regulation (IBR), IEEE standard or code, as the case may be, approved by the
Engineer-in-Charge and in the absence of any such standard or code covering
the relative work or part or portion thereof, shall mean the relevant Indian
Standard and international standard or practice applied as a standard
Engineering practice for the work and approved in writing by the Engineer-in-
Charge with or without modification(s). All references to any code, standard,
specification or practice in the specifications shall be deemed to be a reference to
the latest edition of relative code, standard, specification or practice, as the case
may be, prevailing as on date of submission of the last price bid, notwithstanding
the mention of any previous year or date of edition relative thereto in the
specifications.
1.2.59 “Start-up" shall mean all activities required to be performed after Pre-
commissioning and prior to trial operation and shall include final Pre-
commissioning inspection and check out of equipment, vessels and systems and
supporting sub systems, initial operation of complete equipment and systems
within the plant to obtain necessary pre-trial operation data, confirmation and
correction of calibration, and change of safety interlock/control loop, shutdown
inspection and adjustment and other steps required to be taken prior to and to
enable commissioning/trial operation.
1.2.60 The "Sub-Contractor" means any person or firm or Company (other than the
Contractor) to whom any part of the work has been entrusted by the Contractor
with the prior written consent of the Owner/Engineer-in-Charge/Site-in- Charge
and their legal heirs, authorised representatives, successors and permitted
assignees of such person, firm or Company.
1.2.61 “Supply” or “Supplies” shall mean the totality of the materials & equipments by
expression or implication required to be supplied by the CONTRACTOR for
permanent incorporation in the works within the Scope of Supplies.
1.2.62 The "Temporary Work" means and includes all such works which are a part of
the contract for execution of the permanent work but does not form part of the
permanent work conforming to practices, procedures applicable rules and
regulations relevant in that behalf.
1.2.63 "Tender" means the document submitted by a person or authority for carrying out
the work and the Tenderer means a person or authority who submits the tender
offering to carry out the work as per the terms and conditions.
1.2.64 “Tools” shall mean all tools and things whatsoever to be supplied by the
CONTRACTOR to the OWNER within the scope of supply for or in relation to the
operation and maintenance of the Unit or any part, machinery or component
thereof.

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1.2.65 “UNIT” shall mean the totality of the Units and Facilities comprised in the Scope
of Contract, which form a distinct operating system.
1.2.66 “Unit Rate” shall mean the unit rate for the particular item of supply as specified
in Bill of Materials and for Services as specified in the Bill of Activity.
1.2.67 “Utilities” shall mean water (including raw water and treated water of all kinds),
steam, gases of all kinds, power, electricity, gas and other sources of energy,
lubricants, fuels, chemicals of all types (except catalysts and adsorbents forming
part of the Plant or Process) whatsoever required for or incidental to the
performance, testing or pre-commissioning of the works, not being materials
required for permanent incorporation in the works.
1.2.68 The expression “Works” means the product of materials and services to be
executed in accordance with the Contract or part thereof as the case may be and
shall include extra, additional, altered or substituted works as maybe required for
the purposes of completion of the work contemplated under the Contract.
1.2.69 Unless otherwise specifically stated, the masculine gender shall include the
feminine and neuter genders and vice-versa and the singular shall include the
plural and vice-versa.
1.2.70 The definitions shall apply to all the expressions defined above when used in the
contract documents, whether expressed wholly in capitals or partly in capital or
with the first letter in capital or wholly in ordinary letters.
1.2.71 “Confidential Information” means the Contract and everything contained
therein, all documentation, data, particulars of the Works and technical or
commercial information made by (or on behalf of) Owner/PMC or obtained
directly or indirectly from Owner/PMC by the Contractor or which is generated or
obtained by the Contractor or any Subcontractor in relation to the Works or any
information or data that the Contractor receives or has access to as a result of
the Contract, other than information:
(a) which is generally available in the public domain other than by any
unauthorised actions or fault of the Contractor; or
(b) that is in the possession of the Contractor with a right to disclose.
1.2.72 “Good Industry Practice” means the exercise of that degree of skill, diligence,
prudence and foresight in compliance by the Contractor with the undertakings
and obligations under the Contract, which would be expected from a skilled and
experienced professional person engaged in works that are of the type, nature
and scope similar to the Works.
1.2.73 “INR” or “Rupees” means the legal currency of the Republic of India.
1.2.74 “Government Authority” means the Government of India, any state government
or any local authority or any department, instrumentality or agency thereof or any
corporation (to the extent acting in a legislative, judicial or administrative capacity
and not as a contracting party with Owner or the Contractor) or commission
under the direct or indirect control of such central, state or local government or
any political sub-division thereof or any court, tribunal or judicial body within
India.

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1.2.75 “Contractor's Personnel” means the Contractor's Representative and all


personnel whom the Contractor utilizes on Site, who may include the staff, labour
and other employees of the Contractor and of each Subcontractor, and any other
personnel assisting the Contractor in the execution of the Works.
1.2.76 “Contractor's Representative” means the person nominated by the Contractor
to act on its behalf for the purposes of the Contract and notified as such in writing
to Engineer-in-Charge with copy to Owner.
1.2.77 “GST” shall mean Goods and Services Tax charged on the supply of material(s)
and services. The term “GST” shall be construed to include the Integrated Goods
and Services Tax (hereinafter referred to as “IGST”) or Central Goods and
Services Tax (hereinafter referred to as “CGST”) or State Goods and Services
Tax (hereinafter referred to as “SGST”) or Union Territory Goods and Services
Tax (hereinafter referred to as “UTGST”) depending upon the import / interstate
or intrastate supplies, as the case may be
1.2.78 “PLANT” shall mean Units and Facilities comprised in the project
1.2.79 Abbreviation
i) PMC means Project Management Consultant (PMC) for this Project. i.e
ENGINEERS INDIA LIMITED (EIL) having its registered office at 1,
Bhikaiji Cama Place, New Delhi – 110066 is the Project Management
Consultant (PMC) for the whole Project.
ii) ITB means Instructions to Bidder
iii) EMD means Earnest Money Deposit.
iv) GTC means General Terms & Conditions of Works Contract as included in
the bidding document as “Annexure-7a : General Terms & Conditions of
Works Contract”. The word GCC, if appears anywhere in the bidding
document, shall mean GTC.
v) SCC means Special Conditions of Contract.
vi) SOP means Schedule of Prices
vii) BQC means Bidder Qualification Criteria.
viii) Bidder/ Tenderer means any person, company, firm or body who submits
bid against the Bidding Document issued by OWNER/ PMC.
ix) Bidding Document/ Tender Document means document issued to
Bidder based on which Bid is to be submitted.
x) Bid/ Offer means the documents/proposal submitted by Bidder.
2.0 INTERPRETATION OF CONTRACT DOCUMENTS AND ORDER OF
PRECEDENCE
The clause no. 1.5 (titled “Interpretation of contract documents”), 1.6 (titled
“Special conditions of contract”) & 1.7 (titled “Order of Precedence”) of General
Terms & Conditions of Works Contract stands replaced by the following:
2.1 The several Contract documents forming the Contract are to be read together as
a whole and are to be taken as mutually explanatory.

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2.1.1 Notwithstanding the sub-division of the Contract into these separate documents
and/or volumes and/or heads, every part of each separate section/volume/head
shall be deemed to be supplementary of every other part and shall be read with
and into the contract so far as it may be practicable to do so.
2.1.2 Subject to the provisions of Clause 2.1.3 hereof, in case of an irreconcilable
contradiction in the commercial terms or conditions to the extent that the two
provisions cannot co-exist, the following shall prevail in order of precedence.
(i) Contract Agreement
(ii) Detailed Letter of Acceptance along with its enclosures
(iii) Letter of Award / Fax of Acceptance
(iv) Statement of Agreed Variations
(v) Special Conditions of Contract
(vi) Instructions to Bidders
(vii) Schedule of Prices/Price Schedule
(viii) General Terms & Conditions of Works Contract
(ix) Other documents
Note: Any Amendment/change order issued after signing of formal contract shall
take precedence over respective clauses of formal contract and its annexures.
2.1.3 If in respect of any commercial term or condition, if any provision in the General
Terms & Conditions of Works Contract is repugnant to or at variance with any
provision(s) of the Special Conditions of Contract and/or the Agreed Variations or
if any provision of the Special Conditions of Contract is repugnant to or at
variance with any provision(s) of the Agreed Variations, and the two cannot be
reconciled or otherwise co-exist, then unless a different intention appears, the
provision(s) of the Special Conditions of Contract shall be deemed to override the
provision(s) of General Terms & Conditions of Works Contract and the
provision(s) of the Agreed Variations shall be deemed to override the provision(s)
of the Special Conditions of Contract, but only to the extent that such
repugnancies in the General Terms & Conditions of Works Contract cannot be
reconciled with the Special Conditions of Contract and/or Agreed Variations or to
the extent that such repugnancies in the Special Conditions of Contract cannot
be reconciled with the Agreed Variations, as the case may be.
2.1.4 Without prejudice to the provisions of the General Terms & Conditions of Works
Contract, whenever in the Bidding documents it is mentioned or stated that the
CONTRACTOR shall perform certain work or provide certain facilities, it is
understood that the CONTRACTOR shall do so at his own cost and the
Lumpsum Price shall be deemed to have included the cost of such performance
and/or provision, as the case may be.
2.1.5 The materials, design and workmanship shall satisfy the applicable relevant
Indian Standards, the job specifications contained herein and the codes referred
to by expression or implication. Where the job specifications stipulate
requirements in addition to those contained in the standard codes and
specifications, these additional requirements shall also be satisfied. In the

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absence of any standard/specification/code of practice for detailed specifications


covering any part of the work covered in this tender, the instructions/directions of
the Engineer-in-Charge shall be binding on the CONTRACTOR.
2.1.6 In case of an irreconcilable contradiction in the technical requirements or
technical specifications between Indian standards/Applicable Codes &
Standards, General Terms & Conditions of Works Contract, Special Conditions of
Contract, Specifications, Drawings, Schedule of Lumpsum Price and/or Agreed
Variations to the extent that the two provisions cannot co-exist or be read
together to satisfy both or all, the following order of precedence shall prevail. The
order of precedence of documents shall be as follows with document at Level (i)
having the highest precedence
(i) Contract Agreement
(ii) Detailed Letter of Acceptance along with its enclosures
(iii) Letter of Award / Fax of Acceptance
(iv) Statement of Agreed Variations
(v) Latest Statutory Guidelines from state and central authorities
(vi) Job specifications/ Scope of Work
(vii) Drawings
(viii) Technical/Material Specifications
(ix) Quality Assurance Procedures
(x) Applicable Codes & Standards
(xi) Special Conditions of Contract
(xii) General Terms & Conditions of Works Contract
(xiii) Schedule of Prices/ Price Schedule
(xiv) Instructions to Bidders
(xv) Other documents
Note: Any Amendment/Change Order issued after signing of formal contract shall
take precedence over respective clauses of formal contract and its annexures.
2.1.7 Should there be any doubt or ambiguity in the interpretation of the Contract
documents or contradiction therein or should there be any discernable error or
omission in any Contract document, the CONTRACTOR shall, prior to
commencing the relative work or supply, as the case may be, apply in writing to
the Engineer-in-Charge for his decision for resolution of the doubt, ambiguity or
contradiction or correction of the error or making good the omission, as the case
may be. Should the CONTRACTOR fail to apply to the Engineer-in-Charge for
his decision as aforesaid prior to commencing the relative work or supply, the
CONTRACTOR shall perform the said work or make the said supply, as the case
may be, at his own risk, and the provisions of Clause 2.1.10 hereof shall apply to
any such work performed or supply made by the CONTRACTOR.
2.1.8 Notwithstanding anything provided in Clause 2.1.7 hereof above, either the
CONTRACTOR or any representative of the OWNER or CONSULTANT may, at
any time prior to or during the execution of the work or supply of any material or

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any part thereof (if the CONTRACTOR has failed to make an application as
provided for in Clause 2.1.7), apply to the Engineer-in-Charge in writing for his
decision in resolution of any doubt, ambiguity or contradiction or for the correction
of any error or for making good the omission as the case may be.
2.1.9 The decision of the Engineer-in-Charge on any application under Clause 2.1.7or
Clause 2.1.8 hereof shall be in writing and shall be final and binding upon the
CONTRACTOR and shall form part of the Contract documents, with the intent
that the Contract documents shall be read as though the said decision is and was
at all times incorporated therein.
2.1.10 In the event of the CONTRACTOR performing or executing any work or making
any supply at variance with the decision of the Engineer-in-Charge as aforesaid,
then such work shall, if the Engineer-in-Charge so consider necessary, be
deemed to be a defective work/ supply and the provision of Clause 30.5 hereof
and associated clauses thereunder shall apply thereto.
2.2 Any work or supply shown, indicated or included in any description of the work,
plans, drawings, Specifications and/or Schedule of Price/Price Schedule or other
Contract or Bid documents shall be deemed to form part of the work and/or
supply contracted for, as the case may be, notwithstanding failure to show,
indicate or include such work or supply in any other or others among the
documents aforesaid with the intent that the indication or inclusion of the work or
supply within any one of the said documents shall be deemed to be a sufficient
indication or inclusion of the work or supply, as the case may be, within the work
and supply covered by the Contract.
2.3 No verbal agreement, assurance, representation or understanding given by any
employee or officer of the OWNER or so understood by the CONTRACTOR,
whether given or understood before or after the execution of the contract, shall
any-wise bind the OWNER or alter the Contract documents unless specifically
given in writing and signed by the OWNER or by the Engineer-in-Charge on
behalf of the OWNER and CONTRACTOR’S authorised representative as an
Agreed Variation and amendment of the relative term(s) in the contract
documents.
2.4 Clause headings given in this or any other contract documents are intended only
as a general guide for convenience in reading and segregating the general
subject of the various Clauses, but do not form part of the contract documents,
with the intent that the Clause headings shall not govern the meaning or import of
the Clauses thereunder appearing or confine or otherwise affect the interpretation
thereof.
2.5 The OWNER/PMC may, as a measure of convenience to the CONTRACTOR,
furnish Hindi or any other Vernacular translation of the several contract
documents or any of them. Such translation shall, however, not any–wise operate
as the contract between the parties or regulate upon the terms and conditions of
the contract documents, with the intention that all rights and obligations of the
parties in terms of the contract documents and any reference to the contract or
contract documents or any of them shall be deemed as the rights and obligations
arising out of the contract or contract documents or any of them as written in

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English; and no claim, disputes, difference or other objection will lie or will be
entertained by the OWNER on account of any reference in the import or
interpretation between any provision contained in Hindi and/or any other
Vernacular translation of the contract documents or any of them and the contract
documents in English .
3.0 DELETED
4.0 SECURITY DEPOSIT (SD)/CONTRACT PERFORMANCE BANK
GUARANTEE (CPBG)
The Clause No. 4(b) and 7.c. of the General Terms and Conditions of
Works Contract, stand replaced with following :
4.1 The CONTRACTOR shall within 30 (Thirty) days from the date of issue of the
Acceptance of Bid furnish Security Deposit in an amount equivalent to 10% (Ten
percent) of the Lumpsum Price in the manner specified in Clause 4.2 hereof.
Such security deposit is to be held by the OWNER in lieu of cash as security for
the due performance of the CONTRACTOR’S obligation under the contract and
due discharge of CONTRACTOR’s liabilities under and/or arising out of the
Contract.
4.2 As and by way of the said Security Deposit, the CONTRACTOR shall within 30
(Thirty) days from the date of issue of Acceptance of Bid submit one or more
unconditional Bank Guarantee(s) from one or more Bank(s) in India acceptable to
the OWNER and in a format, provided by the OWNER, for a sum equivalent to
10% (Ten percent) of the Lumpsum Price of the Contract. Such Bank
Guarantee(s) to the extent that the Lumpsum Price as designated in Foreign
Currency, shall be for an amount of 10% (Ten percent) of the designated Foreign
Currency(ies), and to the extent that the Lumpsum Price as designated in Indian
Rupees, shall be for an amount of 10% (Ten percent) of the designated Indian
Rupees, and shall be valid in the first instance for a period of not less than 3
(three) months after the expiry of the defect liability period, reckoned from the
scheduled date of final completion under the Contract. PROVIDED that if and
after the CONTRACTOR has successfully completed all CONTRACTOR’s
obligations under the Contract as witnessed by the issue of a Completion
Certificate under Clause 32.3, so that the only surviving obligations of the
CONTRACTOR under the Contract concern or relate to and arise out of the
Defect Liability Period and obligations consequent thereto, the CONTRACTOR
may opt to replace the existing Bank Guarantee(s) aforesaid furnished by the
CONTRACTOR to the OWNER under this Clause with similar unconditional Bank
Guarantee(s) for a sum equivalent to 5% (five per cent) of the Lumpsum Price
designated in Foreign Currency and for a sum equivalent to 5% (five per cent) of
the Lumpsum Price designated in Indian Rupees. Such replacement Bank
Guarantee(s) shall be valid for a period of not less than 3 (three) months after the
expiry of the Defect Liability Period.
4.2.1 The Bank Guarantee(s) shall be extended by such further period(s) as the
OWNER may require until performance of all the Contractor’s obligations under
the Contract.

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4.2.2 Without prejudice to any other right or remedy available to the OWNER, the
OWNER may at any time and from time to time before issue of the Final
Certificate under the Contract require the CONTRACTOR by notice in writing to
renew the Bank Guarantee(s) for such period(s) as the OWNER may deem fit,
and upon such request, the CONTRACTOR shall renew the Bank Guarantee(s)
for the required period(s), and without prejudice to any other right or remedy
under the Contract, and unless the OWNER shall not have required such
renewal, the OWNER shall be entitled to encash the Bank Guarantee(s) or any of
them which are not renewed at least 14 (Fourteen) days prior to the date of
expiry thereof .
4.3 The Security Deposit shall be held by the OWNER as security for the due
performance of the CONTRACTOR’S obligations under the contract, PROVIDED
that nothing herein stated shall make it incumbent upon the OWNER to utilise the
Security Deposit in preference to any other remedy which the OWNER may
have, nor shall be construed as anywise confining the claims of the OWNER
against the CONTRACTOR to the quantum of the Security Deposit.
4.4 The successful bidder shall furnish a Security Deposit, as stated in clause 4.2
and its sub-clauses, in the form of Demand Draft / Bank Guarantee(s) issued
by a Bank in India acceptable to the OWNER recognised as Scheduled Bank
(other than cooperative banks) by the Reserve Bank of India. A Bank
Guarantee from any Foreign Bank will be acceptable only if the same is issued
by its Indian Branch which is a Scheduled Bank. The Bank Guarantee shall be as
per the prescribed format enclosed in the bidding document. Each page of the
Bank Guarantee must be stamped & signed by the authorized
signatory(ies) of the Bank. Corrections, if any, must also be initialled by the
authorized signatory(ies) of the Bank. The Bank is required to send a copy of
the Bank Guarantee(s) in confirmation directly to HPCL Rajasthan Refinery
Ltd. - at the address given in the Instructions to Bidders.
4.5 The bank guarantee shall be in favour of “HPCL Rajasthan Refinery
Limited” from any Scheduled bank(s) (other than co-operative banks). All
bank guarantees must be unconditional and should be encashable on
presentation to the issuing bank.” Issuance of Bank Guarantee shall be
confirmed by the Bank directly to the Owner preferably through Structured
Financial Messaging System (SFMS), as it provides an RBI supported
Integrated Platform for Bank Guarantee Verification
4.6 Upon determination of the contract prior to completion of the work(s) for any
cause, the OWNER shall insofar as the Security Deposit constitutes cash refund,
and insofar as Security Deposit is in any other form, release/ discharge/ return,
as the case may be, to the CONTRACTOR the unutilized balance of the
Security Deposit, if any, for the time being remaining in the hands of the
OWNER, after settlement of accounts and discharge of all amounts due from
the CONTRACTOR to the OWNER and fulfilment of all obligations of the
CONTRACTOR.

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4.7 The provision of Security Deposit @ 1% of Contract Vale and retention


Money as per GTC provision shall not be applicable. The Contractor has to
mandatorily submit Security Deposit in the manner as prescribed above.
4.8 It is noted that in case of set off of the Security Deposit against any claim of the
Owner for payment of a sum of money arising out of this contract or under any
other contract made by the Contractor with the Owner contracting through the
HPCL Rajasthan Refinery Ltd., the GST on such set off will be borne by the
Contractor.
4.9 In the event of non-submission or delay in submission of Security Deposit
by the CONTRACTOR, the provisions under Clause No. 40.1 shall be
applicable.
5.0 PLANS, DRAWINGS AND APPROVALS FURNISHED BY OWNER
5.1 All Plans and Drawings and other information forming part of the bid documents
have been provided by the OWNER in good faith with a view to assist the
CONTRACTOR, and shall constitute only a general guidance to enable the
CONTRACTOR to visualise the work and/or supplies contemplated under the
contract. The OWNER assumes no responsibility as to the correctness thereof,
and the CONTRACTOR is expected prior to bidding, to have undertaken a
complete and independent survey and to have made its own study and
assessment of all factors relevant to the performance of the work or making the
supplies. The CONTRACTOR shall exercise its knowledge and competence in
scrutinising and evaluating such information and shall proceed with use of such
information only after satisfying itself of its sufficiency and correctness for use.
5.1.1 It shall be the exclusive responsibility of the CONTRACTOR to call upon the
Engineer-in- Charge for and to pursue and obtain from the Engineer-in-Charge
any approvals required to be furnished to the CONTRACTOR under the Contract
for the proper execution of the work or any particular item or job therein or for
making available any front or supply of materials or utilities to be supplied by the
OWNER, as the case may be, as and when required, sufficiently in advance of
the stage of delivery of the materials or of the progress of the work for
continuance of which the same shall be required. Any failure by the
CONTRACTOR to do so shall be entirely at the risks and the costs of the
CONTRACTOR and shall not constitute a ground for the extension of time. If the
Engineer-in-Charge shall fail to provide the CONTRACTOR requisite
approval(s) or disapproval(s) or front(s) or supply, as the case may be, the
CONTRACTOR shall give written notice to the Engineer-in-Charge and to the
OWNER stating specifically the approval(s), front(s) and/or utilities and/or
supplies as the case may be, which is/are pending, the period for which it/they
are pending, the reason(s) for which they are pending and specially stating that
the notice is being given pursuant to the provisions of this Clause 5.1.1. If
thereafter, the said notice, notwithstanding (i) the approval or the
disapproval, as the case may be, is not granted within 10 (ten) working days after
the receipt of such notice by the Engineer-in-Charge and Owner, the drawings or
documents or other proposal(s) put up for approval, will be deemed to have been
approved; and (ii) the front, material or utility as the case may be, is not provided

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by the OWNER within 10 (ten) working days of the receipt of such notice by the
Engineer-in-Charge and OWNER, the CONTRACTOR shall be entitled to resort
to the provisions of Clause 23.6.6 for extension of time, if so required.
5.1.2 The CONTRACTOR shall submit to OWNER/ Engineer-in-Charge, within the
periods specified by OWNER/ Engineer-in-Charge, such documents, write-ups,
designs, samples, patterns, models, data and other information as may be
required in order to enable OWNER/ Engineer-in-Charge to furnish the
requisite approval(s). The CONTRACTOR shall be responsible for any
discrepancy, error, or omission in any drawings or other matters or things or
documents and other particulars supplied by it whether or not such drawings,
documents and particulars or other matters and/or things have been approved by
the OWNER/ Engineer in-Charge.
5.1.3 Where the CONTRACTOR claims such deemed approval, pursuant to
Clause 5.1.1, the CONTRACTOR shall submit to the Chief General Manager –
Projects, Rajasthan Refinery, the supporting documents and notice(s) in
support of the claim of deemed approval and the Chief General Manager –
Projects, Rajasthan Refinery, shall, if satisfied of the existence of such deemed
approval, certify the approval on the drawing/document and upon such
certification the drawing/document shall be deemed to have been approved
in Code-I. The CONTRACTOR shall not be entitled to claim any extension of
time on this account.
5.1.4 The CONTRACTOR shall not depart from the approved documents,
drawings, samples, patterns, models or manuals except as directed in writing by
OWNER/ Engineer-in-Charge.
a) With a view to expedite OWNER’s approvals of critical drawings, the
CONTRACTOR shall furnish to the Engineer-in-Charge, in writing as
precisely as possible, a list of critical drawings (hereinafter referred to
“critical drawings”) within 25 (twenty five) working days of the Letter of
Acceptance or at the commencement of the kick-off meeting, whichever is
earlier.
b) At the initiative of the CONTRACTOR, the Engineer-in-Charge and the
CONTRACTOR shall discuss as soon as possible and finalise the schedule
for the presentation for approval of the critical drawings so as to enable
appropriate persons to be assigned for approval of the drawings.
c) The critical drawings requiring the OWNER’s approval shall be transmitted
to the office of the OWNER’s CONSULTANT electronically for which the
CONTRACTOR shall establish an electronic system compatible with that
of the OWNER’s CONSULTANT for document / data transfer. The details
of the system available with the OWNER’s CONSULTANT are provided in
the Bidding Documents. Failure by the CONTRACTOR to install such
compatible electronic transfer system shall constitute a breach of the
CONTRACTOR’s obligations to which the provisions of Clause 40.1 of
these Special Conditions of Contract shall be applicable, without prejudice
to any right of action available to the OWNER’s in this behalf. Until the
CONTRACTOR provides such system, the CONTRACTOR shall solely

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assume all risks and delay, and shall personally deliver to OWNER’s
CONSULTANT’s office all drawings and documents requiring approval
and to depute to the OWNER’s CONSULTANT’s designated office, its
design engineer for across the table discussions with reference to the
drawings/documents and to personally pick up from the designated offices
of the OWNER’s CONSULTANT the reviewed/commented upon
drawings/documents.
d) It is anticipated that the non-critical drawings will be submitted periodically
in accordance with a schedule to be established by the CONTRACTOR
in consultation with the Engineer-in- Charge within 8 (eight) weeks of the
notification of award in conjunction with the Progress Schedule.
e) Bottlenecks in critical and non-critical drawings shall be removed by
discussion across the table between the OWNER / Owner’s CONSULTANT
with the CONTRACTOR and the CONTRACTOR’s consultants and/or sub-
vendors concerned. These meetings shall be held at the designated offices
of OWNER or the OWNER’s CONSULTANT once in a week or otherwise
as required
f) The CONTRACTOR shall as soon as possible, after issue of Letter of
Acceptance establish in consultation with the OWNER/CONSULTANT,
the schedule for and modalities of Licensor’s review of
CONTRACTOR’s drawings, so far as required.
5.2 The CONTRACTOR shall carefully study the plans/drawings and other Contract
documents and shall bring to the notice of the Engineer-in-Charge for
clarification/correction, any ambiguity, error, discrepancy, contradiction or
omission therein prior to the execution of related work(s) or undertaking the
related supply(ies) as the case may be, under the provisions of Clause 2.1.7
hereof.
5.3 Notwithstanding anything to the contrary in the contract documents expressed or
implied, and notwithstanding the absence of any ambiguity, error, discrepancy,
contradiction or omission in the plans/drawings as aforesaid, the Engineer-
in-Charge shall be entitled at any time before or during the making of the
related supplies or execution of the related works to amend/modify or alter any
plan(s) or drawing(s) furnished to the CONTRACTOR by the OWNER and
the CONTRACTOR shall, subject to the provisions of Clause 7.2 hereof,
thereafter perform and/or continue to perform the related work(s) or supply(ies)
as the case may be, according to the amended/modified/altered plans/drawings
without entitlement to any extra remuneration . Should the CONTRACTOR
thereafter execute any relative work(s) or make any supply at variance there with,
the provisions of Clause 30.5 hereof and associated clauses thereunder relating
to defective work and supply shall apply thereto, provided that if any such
amendment / modification/ alteration shall, in the opinion of the CONTRACTOR,
necessitate an extension of time, the provisions of Clause 23.6.6 hereof and
Clauses related thereto shall apply.
5.4 Copies of all approved plans and designs relating to the work(s) and supplies
shall be kept and maintained at the CONTRACTOR’S office at the site and shall

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be made available to the Engineer-in-Charge for inspection or reference at any


time during the execution of work.
5.5 All plans and drawings furnished by the OWNER to the CONTRACTOR shall be
and remain the property of the OWNER and shall be returned by the
CONTRACTOR to the OWNER on completion of the work(s) or prior to
determination of the contract.
6.0 PLANS, DESIGNS, DRAWINGS AND SPECIFICATIONS TO BE
FURNISHED BY CONTRACTOR
6.1 The CONTRACTOR shall within scope of his work prepare detailed working and
other plans, drawings and designs required for or in connection with the
performance of the work or selection, procurement or making any supply,
and these plans/ drawings shall be got approved from the OWNER before the
CONTRACTOR commences the performance of the relative work or making the
relative supply.
6.2 The CONTRACTOR shall within the scope of his work also carry out investigative
and design studies and prepare detailed design for the various materials
and works covered in the contract documents. Such detailed designs along
with referred codes, standards and practices, back-up calculations,
computer runs and other details on basis of which the designs have been
prepared shall be subject to the OWNER’S approval. Detailed working drawings
and material specifications shall be prepared and established on the basis of the
approved design(s) and shall also be subject to the OWNER’S approval.
6.3 Where the CONTRACTOR shall be required under the contract to prepare or
furnish any plan(s) or specification(s) or other items or things in respect of the
work or any particular work and/or supplies or any particular supply, the
CONTRACTOR shall within 30(thirty) days (or such other period as the
Engineer-in-Charge may prescribe in this behalf) of receipt of Letter of
Acceptance or not less than 90(ninety) days before the proposed date of
commencement of the relative work or supply, which ever shall be earlier, submit
to the Engineer-in-Charge or other authorities specified by the OWNER in this
behalf for approval the relative plan(s)/drawing(s)/ design(s) / specification(s)/
item(s)/ thing(s) concerned. The Engineer-in-Charge/ specified authority shall
be entitled at any time to suggest any amendment(s) or
modification(s) in the plans/ drawings and/or specifications and the
CONTRACTOR shall thereupon either convince the Engineer-in-
Charge/specified authority of the unnecessity in whole or part of such
amendment or modifications or shall implement the same and shall cause the
plan(s)/drawing(s)/ design(s)/ specification(s)or item(s) or thing(s) concerned to
be accordingly amended, provided that no such approval of or amendments/
modifications in the plans/drawings/designs/specifications by or suggested by the
Engineer-in-Charge/specified authority shall anywise absolve the CONTRACTOR
of any of his obligations, responsibilities or liabilities under the contract, inclusive
of and relative to the utility and suitability of the CONTRACTOR’s
plans/drawings/designs/specifications or items or things concerned in or for the
relative works or supplies and fulfilment of all specifications and performance

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and other guarantees of the consequent works/supplies, any such approval


or suggestion by the Engineer-in-Charge/ authority as aforesaid being intended
only by way of assistance to the CONTRACTOR and prima facie satisfaction of
the OWNER without any attendant liability upon the Engineer-in-Charge/
specified authority in this behalf and without any estopped against the
OWNER from asserting that notwithstanding such approval, the plan, drawing,
design, specification or other item or thing approved and any resultant work or
supply were faulty and/or not in accordance with the contractual requirements.
6.3.1 The CONTRACTOR shall furnish six prints each of the drawings for approval of
the Engineer- in-Charge.
6.4 The CONTRACTOR shall not permit any work to be done or any material to be
supplied or fabricated or manufactured at variance with drawings/ designs/
specifications approved by the Engineer-in-Charge or other specified authority.
The approved drawings may be released to the CONTRACTOR for fabrication/
installation progressively.
6.5 Unless otherwise required at least 3(three) sets of direct reading reproducibles,
no lower in quality than auto positive of extra thin paper able to produce
clean legible prints (the reproducibles to be submitted in roll forms) and 3
(three) sets of prints of all approved plans/drawings/ designs/ specifications
prepared by the CONTRACTOR, together with sim