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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)

Page 1 of 13748
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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

Page 3 of 13748
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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

Page 4 of 13748
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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

Page 5 of 13748
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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

Page 6 of 13748
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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

Page 7 of 13748
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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

Page 8 of 13748
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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

Page 9 of 13748
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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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Page 38 of 13748
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

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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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EIL’s QUERRY
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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SL. BIDDER’s REPLY/


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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HRRL’S RAJASTHAN REFINERY PROJECT (RRP) Check-list for bid completion (Commercial)

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)

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HRRL’S RAJASTHAN REFINERY PROJECT (RRP) PCCG
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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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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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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)
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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 similar sets of reproducibles and
prints of all revisions/amendments/ modifications therein shall be lodged with
the Engineer-in-Charge/ specified authority for the record of the OWNER, such
sets of plans/ drawings/designs/ specifications shall be signed by the
CONTRACTOR and shall indicate thereon the number and date of each
revision/ amendment and of the communication of the Engineer-in-Charge or
any other agency appointed by the OWNER for the approval thereof, by which
the approval was given.
6.5.1 All the Final drawings shall bear the certification stamp as indicated below, duly
signed by both, the CONTRACTOR and the approving authority specified/
Engineer-in-Charge:
Certified true for EPCC Package No.
Contract No.
Signed (CONTRACTOR):
Signed by PMC (on behalf of HPCL
Rajasthan Refinery Ltd.)
6.6 The drawings and documents to be submitted by the CONTRACTOR to OWNER
/ PMC after award of the work as per the requirements enlisted in the bidding
document elsewhere shall be for OWNER / PMC’s review, information and
record. The CONTRACTOR shall ensure that drawings and documents
submitted to OWNER / PMC are accompanied by relevant calculations, data as
required and essential for review of the document / drawings by OWNER / PMC.
6.7 All documents and drawings including those of CONTRACTORs sub-vendor’s
manufacturer’s etc. shall be submitted to OWNER / PMC after having been fully
vetted in detail, approved and corrected by the CONTRACTOR & shall bear

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CONTRACTORs seal / certifications to this effect. All documents / drawings &


submissions made to OWNER / PMC without compliance to this requirement will
not be acceptable and the delay & liability owing to this shall be to the
CONTRACTOR’s account.
6.8 The review of documents and drawings by OWNER / PMC shall not be construed
by CONTRACTOR as limiting any of his responsibility to meet the requirements of
specifications, drawings etc. and liabilities for mistakes and deviations. Upon
receiving the comments on the drawing / documents reviewed by OWNER / PMC,
CONTRACTOR shall incorporate the comments as required and ensure their
compliance. The subsequent submission by the CONTRACTOR of the updated
drawings / documents shall be accompanied by a compliance report etc. The
submissions calling for repeated reviews by the OWNER / PMC shall be avoided by
the CONTRACTOR.
6.9 Any inaccuracies, errors and non-compliance to contractual requirements will be
rectified by the CONTRACTOR. Delay occurring on this shall be to the account
of the CONTRACTOR.
6.10 The Works shall be free of all Defects in materials and workmanship and shall be
adequate, stable, safe and strictly compliant with the instructions of Engineer-in-
Charge, the Drawings and Designs, the Specifications and Good Industry Practice,
such that the Facility when complete shall be capable of meeting the Guaranteed
Performance Levels.
7.0 ALTERATIONS IN DESIGNS, PLANS, DRAWINGS, SPECIFICATIONS,
ORDERS AND INSTRUCTIONS
7.1 In addition and without prejudice to the provisions of Clause 5.0 and 6.0 and
associated clauses thereunder, if the Engineer-in-Charge is of opinion that any
plan, drawings, design or specification or order or instruction relative thereto
within the CONTRACTOR’S scope of work or supply is anywise erroneous or is
otherwise required to be modified, altered, amended or improved to conform to
the Contract requirements, whether or not the same has or have been priorly
approved by or on behalf of the OWNER, the Engineer-in-Charge may by
written notice to the CONTRACTOR at any time prior to or in the course of the
execution of the works or any part thereof modify or amend the relevant plan,
drawing, design, specification, order and/or any instruction or any of them by
addition, omission, substitution or otherwise whatsoever, and the CONTRACTOR
shall thereupon either convince the Engineer-in-Charge of the unnecessity in
the whole or part of the amendment(s) or modification(s) or shall
implement the same and shall cause the plan, drawing, design,
specification, order or instruction as the case may be to be accordingly
amended and the CONTRACTOR shall thereafter carry out the work or supply or
the related work or supply, as the case may be, in accordance with such altered
specification, order, instruction, plan, drawing and/or design, as the case may be,
on the same terms and conditions in all respects without entitlement to any
additional remuneration or price.
7.1.1 In addition to and without prejudice to Clause 7.1 hereof, the Engineer-in-Charge
shall have the power by written notice to the CONTRACTOR at any time prior to

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the or in the course of the execution of the relative works or supply or any other
part thereof, to alter or amend or modify any other requirement. If and so far as
the alteration, amendment and/or modification requires any consequential
amendment in any plan(s), drawing(s), design(s) or specification(s) within the
CONTRACTOR’S scope of work and/or supply, the CONTRACTOR shall make
such alternations, amendment(s) or modification(s) as the case may be.
7.1.2 If such alteration, amendment, modification or improvement under Clause 7.1 or
7.1.1 shall, in the opinion of the CONTRACTOR, necessitate an extension in the
time for completion, the provisions of Clause 23.6.6 hereof and related clauses
with regard to the extension of time shall apply.
7.2 If any alteration, amendment or modification under Clauses 7.1.1 shall, in the
opinion of the OWNER/PMC, result in a reduction in the scope of work or
specifications of the work or supply covered by the Lumpsum Price so as to
render unreasonable the Lumpsum Price, or if in the opinion of the
CONTRACTOR, the alteration, amendment or modification shall result in an
increase in the scope of work or specifications of the work or supply covered by
the Lumpsum Price so as to render unreasonable the Lumpsum Price, the
OWNER or the CONTRACTOR, as the case may be, shall serve written notice
thereof to the other, with a copy to the Engineer-in-Charge and the OWNER’s
PMC, and the provisions of Clause 9.0 and associated provisions thereunder
applicable to a Change Order initiated by the OWNER or CONTRACTOR, as the
case may be, shall mutatis mutandis apply. Such notice shall constitute and shall
comply with the requirements of a Change Order Proposal under Clause 9.1 (if
initiated by the OWNER) or Clause 9.2 (if initiated by the CONTRACTOR).
7.2.1 Pending finalisation of a change order pursuant to a notice/change order
proposal given under the provisions of Clause 7.2 hereof, the CONTRACTOR
shall continue and be bound to continue and perform the work(s) and/or make
the supply(ies) to completion in all respects according to the Contract (unless the
contract or works be determined by the OWNER) and the CONTRACTOR shall
continue to be liable and bound in all respects under the Contract.
8.0 ALTERATION IN THE SCOPE OF WORK OR SUPPLY
8.1 The OWNER may at any time(s), before or after the commencement of the work
or supply, by notice in writing issued to the CONTRACTOR, alter the scope
of work or supply, by increasing or reducing the quantities relative to any job(s)
or supply(ies) or by increasing or reducing the job(s) required to be done or
supplied with respect thereto or by omitting therefrom any specific job(s) or
portion(s) or by substituting any existing jobs or operations with other jobs and/or
operations, or by requiring the CONTRACTOR to perform any extra works and
upon receipt of such notice the CONTRACTOR shall execute the job(s) and/or
make supplies as required within the altered scope of work and/or supply.
8.2 If any alteration in the scope of work and/or supply shall in the opinion of the
CONTRACTOR, necessitate any extension in time for completion, the provisions
of Clause 23.6.6 hereof and related Clauses with regard to the extension of time
shall apply.

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8.3 If an alteration under clause 8.1 shall, in the opinion of the OWNER, result in a
reduction in the scope of work or supply covered by the Lumpsum Price so as to
render unreasonable the Lumpsum Price, or if in the opinion of the
CONTRACTOR ,the alteration, amendment or modification shall result in an
increase in the scope of work or supply covered by the Lumpsum Price so as to
render unreasonable the Lumpsum Price, the OWNER or the CONTRACTOR as
the case may be, may initiate a Change Order Proposal by serving written notice
thereof to the other, with a copy to the Engineer-in-Charge and the OWNER’s
Project Management Consultant, and the provisions of Clause 9.0 and
associated provisions thereunder applicable to a Change Order initiated by the
OWNER or CONTRACTOR, as the case may be, shall mutatis mutandis apply.
Such notice shall constitute and shall comply with the requirements of a Change
Order Proposal under clause 9.1 (if initiated by the OWNER) or Clause 9.2 (if
initiated by the CONTRACTOR).
8.4 Pending finalization of a Change Order pursuant to a notice/Change Order
Proposal given under the provisions of Clause 8.3 hereof, the CONTRACTOR
shall continue and be bound to continue and perform the work(s) and/or make
the supply(ies) to completion in all respects according to the Contract (unless the
Contract or works be determined by the OWNER) and the CONTRACTOR shall c
o n t i n u e t o be liable and bound in all respects under the Contract.
9.0 CHANGE ORDERS
9.1 If initiated by the OWNER, the Change Order Proposal shall specify the reduction
in the Lumpsum Price proposed by the OWNER by virtue of the change(s)
referred to in the notice and shall set forth the basis for the calculation thereof.
9.2 A Change Order Proposal may be initiated by the CONTRACTOR only within 21
(twenty one) days from the date of issue of orders or instructions relative to any
works for which the CONTRACTOR claims the additional payment or
compensation. The Change Order Proposal made by the CONTRACTOR shall
set out the reasons for the proposal and the basis on which the increase in the
Lumpsum Price is proposed to be calculated and shall give particulars of the
order or instruction from which it arises..
9.2.1 If the CONTRACTOR fails to initiate a Change Order Proposal within the time
and in the manner specified in Clause 9.2, the OWNER shall not be liable for or
in respect of a claim or Change Order Proposal subsequently or otherwise made
or initiated by the CONTRACTOR in respect of such orders or instructions, and
the CONTRACTOR hereby waives and relinquishes any and all rights in respect
of any such claim or Proposal subsequently or otherwise made or initiated by the
CONTRACTOR.
9.3 The OWNER’s Project Management Consultant shall promptly consider a
Change Order Proposal submitted by the CONTRACTOR in compliance with
Clause 9.2 and shall submit its recommendations to the OWNER within 2 (two)
weeks of receipt of the Change Order Proposal.
9.3.1 The OWNER shall within 3 (three) weeks thereafter examine the Proposal and
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and convey in writing to the CONTRACTOR its in principle approval or


disapproval of the Change Order Proposal.
9.3.2 If the Change Order Proposal is made by the OWNER or if the OWNER conveys
its approval in principle to the Change Order Proposal made by the
CONTRACTOR, the CONTRACTOR shall within 3 (three) weeks of receiving the
Change Order Proposal or OWNER’s approval in principle, as the case may be,
submit to the OWNER, the Engineer-in-Charge and the OWNER’s Project
Management Consultant in writing its detailed engineering analysis and costing
of the change by way of reduction or increase, as the case may be, in the
Lumpsum Price.
9.3.3 The OWNER’s Project Management Consultant shall review the detailed
engineering and costing of the change proposed by the CONTRACTOR and
submit to the OWNER and the CONTRACTOR its comments thereon within three
(3) weeks of the receipt thereof.
9.3.4 Within 4 (four) weeks of receiving its Project Management Consultant’s
comments, if the OWNER is able to agree with the CONTRACTOR on the
costing of the change, the OWNER shall issue a Change Order incorporating the
cost impact of the change by increase or reduction, as the case may be, in the
Lumpsum Price. In order to achieve such agreement, the OWNER may call the
CONTRACTOR for negotiations. Change Order(s), if any, shall be placed once
every six months from the date of LOA by OWNER.
9.4 Deleted.
9.5 Deleted.
9.6 Provided always that the provisions with respect to a Change Order or a Change
Order Proposal shall not be applicable if:
a. the change of supply or services or work is required by the OWNER or
Engineer-in- Charge before approval of detailed design or engineering to
meet the requirements of the Contract.
b. the change of supply or services or work is necessary at any time in order
for the CONTRACTOR to comply with the requirements of the Contract or
the CONTRACTOR’s responsibilities under the Contract,
c. the additional supply or services or works are required because of any
delay or deficiency attributable to the CONTRACTOR,
d. the additional Work/ services and/or materials are required to make good
the CONTRACTOR’s Warranties and/or Guarantees as set forth in the
Contract.
e. the change relates to the repair, rectification or re-performance of any of the
defective Work(s) or materials within the CONTRACTOR’s scope or supply
or services or work.
9.7 Unless otherwise agreed between the CONTRACTOR and the OWNER, the
price implications of a Change Order Proposal for addition to or subtraction from
the Lumpsum Price shall be calculated on the following basis:

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(A) (i) For Materials covered under the CONTRACTOR’s scope of supply
(including equipment) incorporated in work(s) not being Civil and Structural
Works covered by (B) below, at cost of such materials involved in the
work(s) to which the Change Order Proposal relates, as witnessed by the
Supplier’s relative invoices;
(ii) For works and services, other than Civil and Structural works
covered by (B) below, at the cost of labour and consumables and utilities
involved in the works to which the Change Order Proposal relates and the
cost of equipment involved in the execution of such work, the cost of the
equipment to be worked out by amortization in the manner provide in
Clause 9.7.1;
(iii) 6 % (six per cent) of (i) and (ii) above to cover design and other
engineering and overall co-ordination costs.
(iv) 15% (fifteen per cent) of the total of (i), (ii) and (iii) above to cover
all other costs, overheads and profit.
(B) (i) For Civil and Structural works involved in the works to which the Change
Order Proposal relates, on basis of the CPWD rates then prevailing for the
location of the works or, in the absence of the existence of CPWD rates for
the location, at the applicable State PWD rates, which cover costs,
overheads and profit;
(ii) 6 % (six per cent) of (i) above to cover design and other engineering and
overall co-ordination costs.
9.7.1 Unless otherwise agreed, for the purposes of calculating the increase or
reduction in the Lumpsum Price consequent upon a Change Order Proposal with
respect to any works other than Civil and Structural work(s) covered by Clause
9.7 (B), as and from the date of the initiation of a Change Order Proposal, the
CONTRACTOR shall on each day prepare and submit to the OWNER, a
statement of time worked by all labour employed in the work/services to which
the Change Order Proposal relates and showing the description and quality and
invoiced costs of all CONTRACTOR supplied materials (including equipment)
incorporated in the works and the cost of materials and utilities and equipment
utilized for the work to which the Change Order Proposal relates. Such
statement shall be submitted by the CONTRACTOR on a daily basis to the
OWNER after obtaining the comments (if any) and signature of the Engineer-in-
Charge thereon. At the end of each month, the CONTRACTOR shall deliver to
the OWNER for approval a price statement of the cost of labour, materials,
utilities and equipment used in this behalf. The cost of mechanical equipment
utilized for the work shall be worked out on a capital amortization of 2000 (two
thousand) working days. Notwithstanding any dispute as to the cost allocation,
the Statement shall be signed by the Engineer-in-Charge with a Note of dissent
as a record of the views of the Engineer-in-Charge thereon.
9.7.2 Unless otherwise agreed, the amount calculated under Clause 9.7 shall solely
determine the rights of the OWNER or the CONTRACTOR, as the case may be,
pursuant to a Change Order Proposal in respect of which the OWNER is entitled

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to a reduction in the Lumpsum Price or the CONTRACTOR is entitled to an


increase in the Lumpsum Price.
9.7.3 It is hereby specifically clarified as follows:
a) Nothing provided herein shall in any manner permit the CONTRACTOR to
disobey any order(s) or instruction(s) of the Engineer-in-Charge or OWNER
or other person or authority competent to issue such order(s) or
instruction(s) or to await the outcome of the process set forth herein for
claiming or determining the cost implications or implementing such order(s)
or instruction(s).
b) The CONTRACTOR shall within the Scope of Work and Services be bound
to promptly and timely implement such order(s) or instruction(s).
c) The time taken in implementing the process herein set forth shall in no
circumstances constitute a ground for extension of time under Clause
23.6.6 or Clause 26.6.7 or otherwise.
d) Any delay or inability by the Project Management Consultant to consider
and/or submit its recommendations on a Change Order Proposal in
accordance with Clause 9.3 or to review and/or submit its comments in
accordance with Clause 9.3.3, or by the OWNER to examine the Change
Order Proposal or recommendations of the Project Management
Consultant, or convey its approval or disapproval to the Change Order
Proposal in accordance with Clause 9.3.1 or to convey its agreement or to
issue a Change Order under Clause 9.3.4 shall in no circumstances
constitute a ground for extension of time under Clause 23.6.6 or Clause
23.6.7 or otherwise.
10.0 CANCELLATION OF CONTRACT
10.1 The OWNER shall be entitled at any time at its discretion to cancel the Contract,
if in the opinion of the OWNER the cessation of the work becomes necessary
owing to any cause whatsoever other than the default of the CONTRACTOR,
and a notice in writing from the OWNER to the CONTRACTOR of such
cancellation and the reason(s) therefore shall be conclusive proof of such
cancellation and of the reason(s) thereof. Upon cancellation of the Contract the
Engineer-in-Charge may require the CONTRACTOR
(i) To perform, to complete or to any other intermediary stage of completion to
the satisfaction of the Engineer-in-Charge, any work(s) already commenced
by the CONTRACTOR; and
(ii) To take steps as are considered necessary by the Engineer-in-Charge for
properly protecting and securing the works performed by the
CONTRACTOR, to the satisfaction of the Engineer-in-Charge.
And the CONTRACTOR shall act accordingly and the same shall be deemed to
be included within the CONTRACTOR’s scope of work.
10.2 Upon receipt of a notice as specified in Clause 10.1 hereof the CONTRACTOR
shall, unless the notice otherwise requires:
(i) Immediately discontinue work and/or supply from the date and to the extent
specified in the notice.

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(ii) Not place any further orders or sub-Contracts for materials, services or
facilities other than as may be necessary or required for completing or
performing such portion of the work(s) or supplies which the
CONTRACTOR is required to complete or perform
(iii) Promptly make every reasonable effort to obtain cancellation or fulfilment,
as the case may be at the option of the Engineer-in-Charge/OWNER of all
orders and sub-contracts to the extent they relate to the performance of the
work(s) or supplies cancelled.
(iv) Assist the Engineer-in-Charge/OWNER, as specifically requested in
writing by the Engineer-in-Charge/OWNER, in the maintenance, protection
and disposition of property/works acquired by the OWNER pursuant to the
Contract
10.3 Upon Cancellation of the Contract, the OWNER shall take over from the
CONTRACTOR, the approved surplus materials supplied by the CONTRACTOR
for permanent incorporation in the work and lying at the job site on the date of
receipt of notice of cancellation by the CONTRACTOR, and the decision of the
Engineer-in-Charge as to the approved materials lying at the site on the date of
cancellation and the quantities thereof shall be final and binding upon the
CONTRACTOR
10.4 Upon cancellation of the Contract, the CONTRACTOR agrees to waive any claim
for damages, including loss of anticipated profits on account thereof, and as the
sole right and remedy of the CONTRACTOR against the OWNER resultant upon
such cancellation, the CONTRACTOR agrees to accept from the OWNER the
following, namely :
(i) The cost of settling and paying claims for cancellation or completion of
pending orders and/or subcontracts as provided for in sub-clause(iii) of
clause10.2 hereof.
(ii) The cost of protecting, securing and/or maintaining the works pursuant to
the provisions of sub-clause (ii) of Clause 10.1 hereof and/or sub clause (iv)
of Clause10.2 hereof.
(iii) Payment for the supplies actually made on the basis of the Bill of Materials.
(iv) Payment for the work actually performed by the CONTRACTOR, calculated
on the basis of the relative milestone achieved as derived from the
Payment Schedule specified in the Special Conditions of Contract.
(v) The cost of materials taken over by the OWNER pursuant to the provisions
of Clause 10.3 hereof.
(vi) An allowance, if any due, as determined by the Engineer-in-Charge (whose
decision shall be final) to cover the cost of CONTRACTOR’s actual
mobilisation and de-mobilisation at job site for the work to the extent
uncovered by payments under items (i) to (iv) above.
AND THE CONTRACTOR shall not be entitled to any compensation in addition to
the payments specifically provided for above, and the CONTRACTOR hereby
specifically waives any and all contrary rights and claims whatsoever.

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10.5 Upon cancellation of the Contract, the CONTRACTOR shall as soon as is


reasonably feasible prepare an account of all amounts due to it from the OWNER
pursuant to Clause 10.4 hereof
11.0 SUSPENSION OF WORK AND SUPPLIES
11.1 The Engineer-in-Charge or the OWNER may at any time(s), at his discretion
should he consider that the circumstances so warrant (the decision of the
Engineer-in-Charge as to the existence of circumstances warranting such
suspension shall be final and binding upon the CONTRACTOR), by notice in
writing to the CONTRACTOR, temporarily suspend the work or supply or any
part thereof for such period(s) as the Engineer-in-Charge/ OWNER shall deem
necessary and the CONTRACTOR shall, upon receipt of the order of
suspension, forth with suspend the work(s) or supply(ies) or such part thereof as
shall have been suspended until he has received a written order from the
Engineer-in-Charge/ OWNER to proceed with the work suspended or any part
thereof.
11.1.1 During the period of any suspension under Clause 11.1, the CONTRACTOR
shall at his own cost within the scope of the relative work, properly protect and
secure the work and materials so far as is necessary in the opinion of the
Engineer-in-Charge
11.2 If the suspension under Clause11.1 is for reasons of force majeure as defined in
Clause 23.6.9 or by reason(s) of the default or failure on the part of the
CONTRACTOR or is for the purpose of ensuring safety of the work(s) or any part
thereof or is necessary for the proper execution of the work(s) or is for reason(s)
of weather affecting the safety or quality of the work(s) or materials (the reasons
for the suspension stated by the Engineer-in-Charge/ OWNER in any notice of
suspension as aforesaid, inclusive as to existence or default or failure on the part
of the CONTRACTOR, if so stated in the notice, shall be final and binding upon
the CONTRACTOR), the CONTRACTOR shall not be entitled to claim
compensation for any loss or damage sustained by the CONTRACTOR by virtue
of any suspension as aforesaid, notwithstanding that consequent upon such
suspension, the machinery, equipment and/or labour of the CONTRACTOR or
any part thereof shall be or become or be rendered idle and notwithstanding that
the CONTRACTOR shall be liable to pay salary, wages or hire charges and
expenses thereof or therefore.
11.3 Unless the suspension is by reason of default or failure on the part of the
CONTRACTOR (and the reasons for the suspension stated by the Engineer–in-
Charge in any notice of suspension as aforesaid inclusive as to the existence of
default or failure on the part of the CONTRACTOR if so stated in the notice, shall
be final and binding upon the CONTRACTOR), if in the opinion of the
CONTRACTOR such suspension shall necessitate any extension in the time of
completion, the provisions of Clause 23.6.6 hereof and related Clauses in
respect of extension of time shall apply.
11.4 In the event that the suspension continues for a period of 12 weeks or more, the
OWNER in consultation with PMC and the CONTRACTOR shall forthwith review
the situation with a view to take suitable remedies, including termination of

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contract. If the parties are unable to agree upon a suitable remedy, either party
may terminate the Contract by giving the other party written notice of such
termination, provided that any notice of termination by the CONTRACTOR shall
be operative only if the Engineer-in-Charge/ OWNER does not lift the suspension
within 4 (Four) weeks of receipt of the CONTRACTOR’s notice in this behalf,
and the CONTRACTOR’s notice shall so specify.
11.5 In the event of such termination being upon a suspension consequent to a default
or failure by the CONTRACTOR, the CONTRACTOR shall not be entitled to any
damage, compensation, loss of profit or other compensation whatsoever in
addition to payment for the completed supplies made and completed works done
in accordance with the terms of the Contract in accordance with the provisions of
sub-Clauses (iii) and (iv) of Clause 10.4 hereof
11.6 Except for a suspension by written order of the Engineer-in-Charge under Clause
11.1 hereof, the CONTRACTOR shall not suspend the work for any cause and
any such suspension, if occur shall be likely to be attended by consequences
under Clause 40.1.1(g) hereof.
11.7 Notwithstanding anything provided in Clause 10.0 and/or Clause 11.0 and related
Clauses thereunder, upon a cancellation of the Contract under the provisions of
Clause 10.1 hereof or termination of the Contract under provisions of Clause
11.4. hereof, the provisions of Clauses 40.3 to 40.7 hereof consequent upon
termination of Contract shall apply. Should the termination be one to which the
provisions of Clause 11.5. hereof apply, then the provision of Clauses 40.2, 40.8,
40.9, 40.10, 40.11 and 40.12 consequent upon termination of Contract shall also
mutatis mutandis apply.
12.0 WORK FRONT
12.1 The work front/ job site/ Free Issue Material (if applicable) required by the
CONTRACTOR for the performance of the works shall be handed over by the
OWNER to the CONTRACTOR sequentially in the stages meeting the
CONTRACTOR’s requirements for the works with a view that the CONTRACTOR
shall so plan his works as to perform and achieve completion in a sequential
manner without starting all the works at the same time.
12.2 To this end, within 4 (Four weeks) of the Letter of Acceptance, the
CONTRACTOR shall finalise in consultation with the Engineer-in-Charge,
sequential requirements of the work front/ job site/ Free Issue Material (if
applicable) taking into account other works concurrently being undertaken by the
OWNER at and about the same job site and/or on the performance or completion
of which the CONTRACTOR’s performance depends (the “Front Release
Programme”)
12.3 In the event that the OWNER for any reason(s) not attributable to the
CONTRACTOR, is unable to hand-over to the CONTRACTOR, the relative work
front/ job site/ Free Issue Material (if applicable) on the planned date of release
thereof as specified in the Front Release Programme, as a result of which the
CONTRACTOR is prevented from continuing with the work, the CONTRACTOR
shall give written notice thereof to the Engineer-in-Charge and the OWNER,
specifying the particular workfront/job site with reference to which the default has

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occurred and specifying that notice is being given under this Clause12.3, and if
the work front/job site/ Free Issue Material (if applicable) is not there after
sufficiently made available to the CONTRACTOR within 10 (ten) days from the
receipt of such notice and the CONTRACTOR cannot commence or progress
with the work, the provisions of Clause 23.6.6 and 23.6.7 for extension of
time if so required as the CONTRACTOR’s sole remedy in accordance
with the provisions of clause 11.7.1 hereof
13.0 MATERIALS, LABOUR, EQUIPMENT AND FACILITIES
Clause No. 7. e. of GTC stands modified to the following extent:
13.1 CONTRACTOR’S RESPONSIBILITY
13.1.1 Notwithstanding anything to the contrary in the Contract Documents expressed
or implied, the CONTRACTOR shall be and remain at all times exclusively
responsible to supply all material and provide all labour, equipment, machinery
and facilities and utilities and other items and things whatsoever required for or in
connection with the work, including but not limited to those indicated by
expression or implication in the job description, Schedule of Prices, the
specifications, plans, drawings and/or other Contract documents or howsoever
otherwise as shall or may from time to time and at anytime be necessary for or in
connection with the work, either for incorporation in or within the permanent
works or relative to the execution and the performance of the work.
13.2 MATERIALS
13.2.1 The General Terms & Conditions of Contract alongwith this Special Conditions of
Contract shall, on issue of the Letter of Acceptance to the CONTRACTOR,
constitute a firm indivisible contract for the sale and supply, to the OWNER, of all
materials required for incorporation in the permanent works as determined by the
CONTRACTOR, within the scope of work, to be necessary to establish,
commission and operate (so far as concerns mandatory spares) the Plant/ Unit
delivered at site for imported materials as well as indigenous materials at the
price specified in the Price Schedule. It is hereby clarified that the said contract
shall include a contract for the sale and supply within the price of materials (and
any recoveries in respect thereof under any policy of insurance) of all materials
required for the replacement of any defective materials and any materials lost,
damaged or destroyed during transit, storage, fabrication, erection or otherwise
prior to the issue of the Completion Certificate.
13.2.2
a) Contractor shall be required to issue tax invoice in accordance with GST
Act and/or Rules so that input credit can be availed by Owner. In the event
that the Contractor fails to provide the invoice in the form and manner
prescribed under the GST Act read with GST Invoicing Rules thereunder,
Owner shall not be liable to make any payment against such invoice.
b) The Supplier’s invoices t o C o n t r a ct o r for imported materials shall include
the cost of all pre-delivery tests and third party inspections charges,
However the subsequent CONTRACTOR’s invoice shall include the
CONTRACTOR’s procurement charges.

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c) The Supplier’s invoices t o Co n t r a c t o r i n v o i c e s f o r indigenously


s u p p l i e d materials shall include all pre-delivery tests and third part
inspection, However the subsequent contractor’s invoice shall include the
CONTRACTOR’s procurement charges.
13.2.3 The CONTRACTOR shall be responsible at his own cost and initiative within the
scope of services, to take delivery of the materials from the port of delivery in
India in respect of imported materials and from the factory or ware-house or other
place(s) of delivery in respect of indigenous materials and to transport these to
the CONTRACTOR’s stockpiles, godowns or other places of storage approved
by the Engineer-in-Charge, and to transport the same from said godowns or
place(s) of storage to the work site for incorporation in the permanent works.
13.2.4 The work of delivery and transportation of materials shall include (but not be
limited to) the following:
I. Payment of custom duty, Education cess (‘EC’), Secondary & Higher
Education cess (‘SHEC’), IGST and GST compensation cess, if applicable,
Clearance of the goods through custom and port clearance including filling
and/or filing of all custom manifests, bills of entry, and custom declarations
and other documents as may be required for the clearance of the goods
from customs or port authorities, including making necessary payment of
Customs Duties, EC, SHEC IGST and GST compensation cess.
II. Stevedoring, clearing, forwarding and handling services as required for
clearing, forwarding and handling imported and indigenous materials and
consignments including payment at CONTRACTOR’s cost of any
demurrage, wharfage, port charges, siding charges, retention charges,
detention charges or other charges whatsoever and howsoever designated
or levied by any railway, air-port, ship and/or other authorities for or in
connection with the loading, unloading or detention of any materials or
vessels or other means of transport beyond the free period or unloading,
clearance, retention or detention or loading, as the case may be, provided
by the relevant authority(ies) or carrier(s) in this behalf.
III. All works and operations necessary to lift and to remove the material from
port, ware-house, railway or other siding, factory or other places of
delivery, loading, handling, transporting and unloading and safely stacking,
placing or storing the same at approved godowns, yards or other place(s)
of storage including lashing or other-wise securing or protecting the same
in transit and during and in storage.
IV. Supply, procurement, mobilisation, and deployment of all labour thereof,
equipment & machinery necessary for lifting, loading, handling, removing,
transporting, unloading, stacking or securing the materials.
V. All acts, deeds, matters or things required to fulfil all local, municipal and
other statutory authorities with respect to the transportation of any
materials through or into any State, municipal, local or other barriers or
limits or for the import of the materials or any of them within the limits of
such barrier, including payment of local toll (if applicable), terminal and/or
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within any local limits, for which purpose the OWNER shall give the
CONTRACTOR and/or CONTRACTOR’s designate(s) any and all
authority(ies) as may be reasonably required in this behalf. There will be no
materials under the scope of Contract which will be directly consigned to
Owner, unless otherwise specifically mentioned elsewhere in the tender.
The OWNER will not issue/provide Road Permits/e-Way bill /Entry
Permits/Transit Permitsto the CONTRCTOR except in respect of material
directly purchased by the OWNER.E-way bills, if applicable, from the
designated date shall be required to be filed on the Common Portal by the
CONTRACTOR and / or CONTRACTOR’s designate(s). Contractor and /
or CONTRACTOR’s designate(s) to ensure the validity of the e-way bill
during the transit of the goods. Owner’s decision on acceptance of E-way
bill shall be final and binding on the Contractor.
VI. All other acts, deeds, matters and things whatsoever ancillary, auxiliary or
incidental to the above including but not limited to the grading of the site
and/or creation of temporary approaches and ramps etc. as may be
required.
VII. Anti-dumping Duty and Safeguard Duty as applicable on Imported material
shall be in the Contractor’s scope. The OWNER will not bear any liability
towards payment of Safeguard Duty, Anti Dumping Duty, Protective Duty
and applicable IGST on same Or Countervailing Duty on subsidized
articles or any other such duties of Customs imposed by the Government
under Customs Tariff Act, 1975 applicable on import of any materials to
India for the subject work.
14.0 GENERAL PROVISION WITH REGARD TO MATERIALS
14.1 The CONTRACTOR shall, within the scope of work, undertake the following
activities and responsibilities with respect to and in addition and without prejudice
to the activities and responsibilities under Clause 13.2 and associated clauses
there under in respect of materials
I. The CONTRACTOR shall in taking delivery, ensure compliance of any
condition for delivery applicable to deliveries from the concerned authority
or carrier, and shall be exclusively responsible to pay and bear any
detention, demurrage or penalty or other charges payable by virtue of any
delay or failure by the CONTRACTOR in lifting the materials or in observing
any of the conditions aforesaid, and shall keep the OWNER/Consultant
indemnified from and against all consequences thereof.
II. The CONTRACTOR shall maintain a day-to-day account of all materials
indicating the daily receipt(s), consumption(s) and balance of each material
and category thereof. Such account shall be in the format, if any, prescribed
by the Engineer-in-Charge and shall be supported by all documents
necessary to verify the correctness of the entries in the account. Such
account shall be maintained at the CONTRACTOR’s relative officer(s) and
site(s) and shall be open for inspection and verification (by verification of
documents in support of the entry as also by feasible verification of the
stock) at all times by the Engineer-in-Charge and his representative(s)

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with authority at all times without obstruction to enter into or upon any
godown or other place(s) or premise(s) where the materials or any part of
them are lying or stored and to inspect the same himself and/or through his
representative(s).
III. All materials shall be taken delivery of, held, stored and utilised by the
CONTRACTOR as Trustee of the OWNER, and delivery of the material to
the CONTRACTOR shall constitute an e n t r u s t m e n t thereof t o the
CONTRACTOR, with the intent that any utilisation, application or disposal
thereof by the CONTRACTOR otherwise than for permanent incorporation
in the contractual works in terms of the contract shall constitute a breach of
trust by the CONTRACTOR.
IV. All materials, including materials in respect of which licences/release
orders/permits/authorisation have been accorded in the name of the
OWNER shall, without prejudice to the responsibility/liability of the
CONTRACTOR in respect thereof, vest in the OWNER at the time when
it/they would have ordinarily vested in the OWNER on a direct delivery to
the OWNER, and the CONTRACTOR shall be deemed to be acting on
behalf of the OWNER and as an agent of the OWNER in respect of
deliveries taken by the CONTRACTOR
V. Deleted
VI. The CONTRACTOR shall at all times be exclusively responsible for any
and all losses, damages, deterioration, misuse, wastage, theft, or other
application or misapplication or disposal of the materials or any of them
hereof and shall keep the OWNER/Consultant indemnified from and
against the same and shall forthwith at its own cost and expenses replace
any such material, lost, damaged, deteriorated, misused, wasted, stolen,
applied, mis-applied and/or disposed as aforesaid with other material of
equivalent quality and quantity delivered at the CONTRACTOR’s risks and
costs in all respects.
VII. OWNER will take MCE policy and the bidder is free to take additional
coverage depending on their risk appetite. For the Materials in
Contractor’s possession and in his Warehouse/ Fabrication Yard (taken on
lease / hired by CONTRACTOR in his name), the CONTRACTOR shall
take out, at his own cost, Insurance policy(ies) for the full replacement
value of such materials and keep in force at all times during transit,
handling, storage and up to such time as the Owner’s MCE Policy takes
over the insurance. Such policies shall be in the joint names of the
OWNER and the CONTRACTOR, with exclusive right in the name of
OWNER to receive all monies due in respect of such policy(ies) and
with the right in the OWNER (but without obligation to do so) to take out
and pay the premia for any such policy(ies) and deduct the premia and any
other costs and expense in this behalf from the monies for the time being
due or in future becoming due to the CONTRACTOR.
a) Notwithstanding anything herein provided, the CONTRACTOR shall be
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as the case may be, the materials damaged or destroyed as a result of


any act or omission, notwithstanding the existence or otherwise of any
policy(ies) of insurance aforesaid, with the intent that any policy(ies) of
insurance aforesaid taken out by the CONTRACTOR or by the
OWNER, shall not anywise absolve the CONTRACTOR from his full
liability under Clause 32.4 hereof or otherwise with respect to the
materials, but shall constitute merely an additional security and not a
substitution of liability.
b) It shall be the exclusive responsibility of the CONTRACTOR to lodge
and pursue any or all claims in respect of the insurance aforesaid.
c) The CONTRACTOR shall, as a condition to the certification of any
Running Account Bill, satisfy the OWNER/Engineer-in-Charge of the
existence of one or more policy(ies) of insurance, covering the
materials as specified herein. The policy(ies) of insurance aforesaid
shall cover all insurable risks, including but not limited to, any loss or
damage commencing from the supplier’s ware house in handling,
transit, storage and during erection, theft, pilferage, riot, civil
commotion, force majeure (including earth quake, flood, storm,
cyclone, tidal wave, lightening and other adverse weather conditions),
accidents of kinds, fire, war risks and explosion.
VIII. Deleted
IX. Handing over/ return of project left over surplus materials/ scrap materials
generated by Contractor, after the completion of the project will be subject
to the following:
a) An inventory shall be made by the Contractor of all left over/ surplus
materials including but not limited to scrap, wastages and
unserviceable material supplied and/ or remaining at the project site
in possession of the Contractor, upon completion of the contract.
b) Contractors shall be allowed to take back all left over/ surplus project
materials (both sourced/ bought from India as well as from abroad on
which custom duty has been paid by the Contractor as owner of said
materials) from the project site which are not required for the project.
Such surplus material shall be allowed to be taken out only after
completion of the commissioning activities.
c) Necessary approval from Owner will be taken by the Contractor for
taking out the leftover/ surplus materials from project site after
obtaining due recommendation from the Engineer in Charge / Owner.
However, any leftover/ surplus project materials procured under
Project import Regulations or any other similar schemes or
regulations shall continue to be the property of the Owner and shall
not be allowed to be taken out from project site/ locations by the
Contractor whether during or after completion of the contract.
d) On any project surplus/ left over materials being handed over to the
Contractor, GST at applicable rate (at the time of handing over /
transfer) will be charged to the Contractor. Such invoice value on

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Project surplus/ left over materials will have a notional value (which
will be based on purchase price of previous Purchase Orders or as
mutually decided by Owner and Contractor). This value shall be only
for the purpose of tax compliance.
e) Any project left over items, which are no longer required for project
and which has insignificant residual value, should be suitably
disposed of or be destroyed off by the Contractor, with prior approval
of Owner.
f) If the project left over/ surplus materials are not removed by the
Contractor from the Project site, within a period of 2 (two) months
after due intimation by Owner/Owner's representative to Contractor to
do so, Owner shall be free to dispose these left over/ surplus project
materials at its sole discretion without any recourse available to the
Contractor. Notwithstanding the same, value realized from disposal of
project left over/surplus project materials not so removed by
Contractor shall be retained by the Owner and Contractor shall not
raise any claim in any manner whatsoever for the value so realized
by Owner.
No other surplus material will be allowed to be taken out and deemed to be
the property of the OWNER and the same shall be transported properly to
the OWNER’s store or as directed by OWNER. Accordingly, the quoted
prices shall be deemed to be inclusive of the same.
X. If the CONTRACTOR shall default in replacing at the job site, free of any
cost to the OWNER, any material lost, damaged, deteriorated, misused,
wasted, short, stolen, misapplied or disposed of within the provisions hereof
above, or shall fail to return to the OWNER any surplus material or empties
within the provision hereof above, the CONTRACTOR shall be liable to pay
to the OWNER the cost of such materials or empties delivered at OWNER’s
stockpile/godown plus departmental charges calculated at 15% (Fifteen
percent) of the said costs determined by the Engineer-in-Charge, and the
decision of the Engineer-in-Charge as to such cost shall be final and binding
upon the CONTRACTOR.
XI. To enable OWNER to avail Input Tax Credit (ITC), the
CONTRACTOR/supplier shall furnish/submit any and all certificates,
documents and declarations as are required by OWNER to avail of the ITC.
14.2 Bills of Materials
14.2.1 The CONTRACTOR shall within (7) seven weeks from the date of acceptance of
bid, furnish to the OWNER a detailed Bill of Materials specifying the materials,
which on preliminary determination made by the CONTRACTOR, will be
required to be incorporated in the permanent works in order to establish the
Works/Unit and to operate the Plant/Unit (to the extent of the mandatory spares),
including construction materials.
14.2.2 Each item entered in the Bill of Materials shall be priced, so far as possible, in
conformity with the details given in this behalf in the priced bid. The Bill of
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to form a basis for the purpose of calculating on account payments and for
calculating payments due to the CONTRACTOR under Clause10.4 hereof upon
cancellation of contract, and for no other purpose.
14.2.3 The OWNER shall review or cause to be reviewed the prima facie adequacy,
sufficiency, validity and/or suitability of the materials listed in the Bill of Materials
for the works for which they are intended, and of the prices indicated in the Bill of
Materials in respect thereof. Such review shall be performed in conjunction with
the design, engineering, specification and other technical reviews to be done by
the OWNER and all provisions applicable thereto with reference to critical
drawings shall be applicable to the review of the Bill of Materials.
14.2.3.1 The priced Bill of Materials as approved by the OWNER shall constitute the Bill of
Materials envisaged i n the contract documents. However, no such approval
shall, in any manner, absolve the CONTRACTOR of his full responsibility under
the contract to sell and supply to the OWNER at and within the price of materials
quoted in the Price Schedule, all materials required for the permanent
incorporation in the works and which are required to establish, commission and
operate(to the extent of mandatory spares) the Plant/Unit in accordance with the
contract and the specifications, complete in all respects including spares, tools,
tackles and testing equipment, so far as included within the scope of supply,
whether or not any particular material is actually included within or omitted in the
Bill of Materials and whether or not the price thereof is included in the price
indicated in the Bill of Materials and whether or not the price thereof is
inconformity with the price thereof indicated in the Bill of Materials. The review
and approval of the Bill of Materials and the prices therein are intended only for
the satisfaction of the OWNER that the priced Bill of Materials, prima-facie covers
the materials required to be supplied by the CONTRACTOR within the scope of
supply.
14.2.3.2 The Bill of Materials shall be subject to amendment in both items and prices in so
far as necessary consequent upon any amendment in any relevant related
technical particulars, and upon any amendment, the amended Bill of Materials
as approved by the OWNER, shall thereafter constitute the Bill of Materials as
envisaged in the contract documents, provided that unless the amendment
results from a Change Order and/or Agreed Variation, no such amendment shall
anywise impose any liability on the OWNER to pay customs and other import
duties in excess of the customs and other import duties payable on the value of
imported materials as indicated in the Price schedule/Schedule of Price but for
such amendment.
15.0 SUPPLY OF MATERIALS
15.1 The CONTRACTOR shall supply the materials required to be supplied within the
Contractor’s scope of supply for incorporation in the permanent works in
accordance with and to meet the requirements in quality, quantity and other
particulars of the descriptions, specifications, plans, drawings, designs and other
documents applicable thereto, and the CONTRACTOR shall be deemed to have
undertaken that all materials selected, procured and supplied by the
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workmanship and shall be capable of producing the designed and desired results
and to perform the designed and desired functions to meet the contractual
requirements in all respects for the project.
15.2 The CONTRACTOR shall undertake and complete the supply of materials within
the scope of supply to meet the scheduled progress and requirements of the
work within the scope of work, and on no account later than the delivery dates in
this behalf specified in the Delivery Schedule.
15.3 Within 6 (Six) weeks from the date of issue of the Letter of Acceptance, the
CONTRACTOR shall submit to the OWNER for approval in respect of each work
or groups of work, a detailed Delivery Schedule in Graphical or other suitable
form giving dates of starting and finishing the various supplies relative to the
work, providing sufficient margin to cover for contingencies. The Engineer-in-
Charge and the CONTRACTOR shall thereafter, within 2 (Two) weeks settle the
Delivery Schedule which shall form part of the contract with attendant obligations
upon the CONTRACTOR to make the various deliveries/supplies involved on or
before the date(s) mentioned in respect thereof in the Delivery Schedule and
default by the CONTRACTOR to make within the prescribed date(s) any supply
shall be deemed to be a breach by the CONTRACTOR to which the provisions of
clause 40.1 hereof relating to termination of contract shall be applicable, but
without prejudice to any other right or remedy that OWNER may have on this
behalf.
15.4 All materials shall be deemed to have been accepted only when the material is
received at the project site and accepted by the Engineer-in-Charge. Such
acceptance shall however, be subject to the terms and conditions hereof,
including the right of rejection and/or replacement as elsewhere herein specified.
15.5 If the CONTRACTOR fails to submit to the OWNER a Delivery Schedule as
envisaged above or if the Engineer-in-Charge and the CONTRACTOR shall fail
to agree upon the Delivery Schedule as envisaged above, then the Engineer-in-
Charge shall in consultation with the CONTRACTOR so far as reasonably
feasible, prepare the Delivery Schedule as best as he can and the dates of
delivery as fixed by the Engineer-in-Charge shall be final and binding upon the
CONTRACTOR except as herein otherwise expressly provided. The Engineer-in-
Charge shall issue the Delivery Schedule so prepared to the CONTRACTOR,
and the provisions of Clause15.3 hereof shall apply there to as though it was an
approved Delivery Schedule.
15.6 Any reference in the contract documents to the “approved Delivery Schedule” or
to the “Delivery Schedule” shall mean the approved Delivery Schedule specified
in Clause 15.3 above or the Delivery Schedule prepared and issued by the
Engineer-in-Charge as specified in Clause 15.5 above, whichever shall be in
existence.
15.7 Within 1 (one) Week of the occurrence of any act, event or omission which, in the
opinion of the CONTRACTOR, is likely to lead to delay in the commencement or
completion of delivery of any particular material or of all material and is such as
would entitle the CONTRACTOR for an extension of the time specified in this
behalf in the Delivery Schedule(s), the CONTRACTOR shall in form the

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Engineer-in-Charge in writing of the occurrence of the act, event or omission and


date of commencement of such occurrence. Thereafter, if even upon the
cessation of such act or event or the fulfilment of the omission, the
CONTRACTOR is of opinion that an extension of time specified in the Delivery
Schedule relative to particular material(s) or in relation to all materials is
necessary, the CONTRACTOR shall within 1 (one) Week after the cessation or
fulfilment as aforesaid make a written request to the Engineer-in- Charge for
extension of the relative time specified in the Delivery Schedule and the
Engineer-in-Charge may at any time, prior to completion of the work, extend the
relative time of completion in the Delivery Schedule for such period(s) as he
considers necessary, if he is of the opinion that such act/event/omission
constitutes a ground for extension of time in terms of the contract and that such
act/event/omission has in fact resulted in insurmountable delay to the
CONTRACTOR. The opinion/decision of the Engineer-in-Charge in this behalf
and as to the extension necessary shall, subject to the provisions of Clause15.8
hereof, be final and binding upon the CONTRACTOR.
15.8 Notwithstanding the provisions of Clause15.7 hereof, the OWNER may at any
time after the completion of the work in all respects at the request of the
CONTRACTOR made by way of appeal either against a decision of the
Engineer-in-Charge taken under Clause 15.7 or against the Engineer-in-Charge’s
refusal to take a decision under the said clause, if satisfied of the existence of
any ground(s) justifying the delay/omission, extend the date of delivery of any
materials for such period(s) as the OWNER may consider necessary, and the
decision of the OWNER as to the existence or otherwise of any grounds justifying
the extension and as to the periods of extension, if any necessary, shall be final
and binding upon the CONTRACTOR.
15.9 Subject as elsewhere herein or in the contract documents, otherwise expressly
provided, only the existence of force majeure circumstances as defined in Clause
15.10 hereof, shall afford the CONTRACTOR a ground for extension of time for
delivery of materials, and specifically without prejudice to the generality of the
foregoing :
I. Inclement or unforeseen weather, strike or lock-out, shutdown, third party
breach, delay in payment or commercial hardship shutdown or idleness
or other impediment in progress or completion of the supply or work due to
any reason whatsoever shall not afford the CONTRACTOR a ground for
extension of time or relieve the CONTRACTOR of his/its full obligations
under the contract.
II. No delay whatsoever in the supply of any material by the CONTRACTOR
or any of the CONTRACTOR’s vendors, suppliers or sub-contractors shall
any wise entitle the CONTRACTOR to any extension of time for
completion or to any claim for additional costs, remuneration or damages
or compensation notwithstanding that an increase in the time of
performance of the contract is involved by virtue of the delay or failure and
notwithstanding that any labour, machinery or equipment brought to or

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upon the job site by the CONTRACTOR or any sub-contractor is rendered


idle by such delay.
15.10 “Force Majeure” shall be as per cl. 13 of GTC.
15.11 No assurance, representation, promise or other statement by any personnel,
Engineer or representative of the OWNER regarding the extension of time for the
supply by the CONTRACTOR of any material within the CONTRACTOR’s scope
of supply shall be binding upon the OWNER or shall constitute an extension of
time for the supply of any material(s) within the provision of Clause 15.7 or
Clause 15.8 hereof, unless the same has been communicated by the Engineer-
in-Charge to the CONTRACTOR in writing under Clause 15.7 or by the Authority,
under Clause 15.8 and the writing specifically states that it constitutes an
extension of time within the provisions of Clause 15.7 or 15.8, as the case may
be. Without prejudice to the foregoing, it is clarified that the mere agreement,
acceptance or prescription of a Delivery or other Schedule containing an
extended time of commencement or completion in respect of the entire
delivery(ies) or any of them shall not anywise constitute an extension of time in
terms of the contract so as to bind the OWNER or relieve the CONTRACTOR of
all or any of his liabilities under contract, nor shall constitute a promise on behalf
of the OWNER or a waiver by the OWNER of any of its rights in terms of the
contract relative to the performance of the contract within the time specified or
otherwise, but shall be deemed only (at the most) to be a guidance to the
CONTRACTOR for better organising his work on a recognition that the
CONTRACTOR has failed to organise his supplies and/or make the same
within the time specified in the Delivery Schedule.
15.12 If the CONTRACTOR fails to supply the materials in accordance with the dates in
this behalf specified in the Delivery Schedule, the CONTRACTOR shall be
deemed in breach of contract and the provisions of Clause 40.0 and associated
Clauses thereunder with regard to the termination of the contract shall apply, but
without prejudice to any other rights, discount or remedy available to the OWNER
in respect of such delay or failure.
15.13 All materials brought to Site shall be OWNER’s Property. Only construction
machinery, tools/ tackles brought to Site by the CONTRACTOR and properly
recorded with OWNER shall be allowed to be taken out of Refinery Premises.
16.0 MAKE OF MATERIALS
16.1 All equipment and materials to be supplied under this Contract shall be from
approved vendors as indicated in the Bidding Document or as otherwise
approved by the Engineer-in-Charge/OWNER.
16.2 Wherever any item is specified by a brand name, manufacturer or vendor, the
make mentioned shall be for establishing type, function and quality desired.
Other makes will be considered, provided sufficient information is furnished to the
OWNER/ Engineer-in-Charge, to assess the makes proposed by the
CONTRACTOR as equivalent and acceptable.
16.3 Where the makes of materials are not indicated in the Bidding document, the
CONTRACTOR shall furnish details of proposed makes and supplies and supply
the same after obtaining the OWNER’s/Engineer-in-Charge’s approval.

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17.0 CERTIFICATE OF VERIFICATION AND GOOD CONDITION


17.1 The CONTRACTOR shall, before supply of material covered within the scope of
supply, at his own risks, costs and initiative, undertake or cause to be undertaken
all tests, analysis and inspections as shall be required to be undertaken with
regard to the materials under the specifications and any codes, practices, orders
and instructions with respect thereto and shall cause the results thereof to be
recorded, reported or certified, as the case may be, and shall not offer for
delivery or deliver any material(s) which has/have not passed such tests/analysis
or inspection and which are not accompanied by the tests results, reports and/or
certificates in this behalf provided in the applicable specifications, code(s) and/or
practices.
17.2 On arrival of the material at site, the CONTRACTOR shall give written notice
thereof to the Engineer-in-Charge and Inspection Agency notified by the OWNER
in this behalf, to inspect the materials, and shall keep in readiness for inspection,
the materials and the relevant tests results, reports and certificates hereto.
17.3 Notwithstanding any other provisions in the contract documents for analysis or
tests of materials and in addition thereto, the CONTRACTOR shall, if so required
by the Engineer-in-Charge or Inspection Agency in writing at his own risks and
costs, analyse, test, prove and weigh all materials (including materials
incorporated in the works) required to be analysed, tested, proved and/or
weighed by the Engineer-in-Charge or Inspection Agency in this behalf and shall
have such analysis or tests conducted by the agency(ies), or authority(ies) if any
specified by the Engineer-in-Charge or Inspection Agency. The CONTRACTOR
shall provide all equipment, labour, materials and other things whatsoever
required for testing, preparation of the samples, measurement of work and/or
proof of weighment of the materials as directed by the Engineer-in-Charge or
Inspection Agency.
17.4 If on Inspection or proof, analysis or tests as aforesaid the Engineer-in-Charge or
Inspection Agency nominated by the OWNER in this behalf is prima facie
satisfied that the material received is inconformity with the material requirements
of the Bill of Materials and description given in the shipping documents and in the
Contractor’s invoices in this behalf and that the test reports/results/certificates
given in respect thereof are prima facie inconformity with the relevant
result/reports/certificates required in respect thereof in terms of the specifications
and/or relevant codes and practices, and that the material appears to be prima
facie in good order and condition, the Engineer-in-Charge shall promptly issue
to CONTRACTOR, a Certificate of Verification and Good Condition in respect of
such material, and this shall constitute the Certificate of Verification and Good
Condition elsewhere envisaged in the contract documents.
17.5 Such certificate is only intended to satisfy the OWNER that prima facie the
material supplied by the CONTRACTOR is in order and shall not anywise
absolve the CONTRACTOR of his/its full responsibility under the contract in
relation thereto, including in relation to specification fulfilment and/or
performance or other guarantees.

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17.6 Notwithstanding that any area(s) or source(s) has/have been suggested by the
OWNER to the CONTRACTOR from which any material for incorporation in the
works can be obtained, the CONTRACTOR shall independently satisfy himself of
the suitability, accessibility and sufficiency of the source(s) of supply suggested
by the OWNER and suitability of the material available from such source(s) with
the intent that any suggestion as aforesaid shall not anywise relieve the
CONTRACTOR of his full liability in respect of the suitability and quality of the
material(s) obtained from said source(s) and the Contractor shall obtain
material(s) there from and incorporate the same within the permanent works
entirely at his own risks and costs in all respects, with the intent that any such
suggestion by the Owner shall only be by way of assistance to the Contractor
and shall not entail any legal responsibility or liability upon the OWNER.
18.0 MATERIALS WITHIN OWNER’S SCOPE OF SUPPLY
Clause No. 7. f. of GTC stands replaced by following:-
18.1 The OWNER does not warrant or undertake the provision of any materials and
the CONTRACTOR shall not imply, by conduct, expression or assurance or by
any other means, any promise or obligation on the part of the OWNER in this
respect understood by the CONTRACTOR. Any free issue material (FIM) shall
be governed by provisions as specified elsewhere in this Special Conditions of
Contract (SCC).
19.0 LAND, POWER, WATER AND OTHER FACILITIES:
19.1 The provisions of Land, Power, Water and Other Facilities shall be as per Annexure –
XXVI of this SCC.
20.0 SHIPPING AND OTHER DOCUMENTS
20.1 Without prejudice to any other obligations of the CONTRACTOR under the
Contract, and in addition to any other documents required to be furnished by the
CONTRACTOR under the Contract, the CONTRACTOR shall, in respect of all
items and materials imported into India, after making necessary payments to
Customs and clearing the consignments, obtain and furnish to the OWNER,
along with his monthly invoices, the following documents (hereinafter for the
sake of brevity collectively referred to as the “the said documents”) according to
the provisions of the following clauses, namely:
I. Invoice and any other document as required under Applicable Laws
(including but not limited to GST Laws)
II. Clean Bill of Lading/Air way bill ;
III. Packing lists/Mill Tally Sheets;
IV. Certificate of origin(If applicable) and other relevant documents relating to
the identification of the materials
V. Consular’s Invoice, if necessary;
VI. Export License/documents, if applicable; and
VII. Phytosanitary Certificate (in original) for packing material as per
International norms
VIII. Third party inspection release note

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IX. Any other document(s) or literature submitted by him during Custom


clearance;
20.2 The Bill of Lading shall be drawn to show the Bill to and Ship to Contractor.
Supplier’s invoice should indicate the material is intended for HPCL
Rajasthan Refinery Ltd. (HRRL)-Rajasthan Refinery Project (RRP). The bill of
lading shall clearly indicate the description of the items/materials giving the
dimensions, quantities, weights, and all other details required for Customs
clearance of the consignment, and/or as may be specified by the OWNER from
time to time in this behalf
20.3 The Bill of Lading shall show the gross freight amount, and shall either indicate
or be accompanied by the carrier’s statement of charges and shall carry all other
particulars necessary to bind the carrier.
20.4 The CONTRACTOR shall not less than 7 (seven) clear days before the
contemplated date of shipment, inform the Engineer-in-Charge of the
contemplated date of relative shipment of the item(s) or material(s) and of the
contemplated date of arrival thereof in India. On the order of placement of
imported materials, the Contractor shall provide the copy of such purchase
order to Owner through email immediately and hard copy shall be couriered
within 7 Days of placement of order for establishing linkage for OWNER’s MCE
insurance coverage.
20.5 In addition, within 7 (Seven) working days of the date of shipment, the
CONTRACTOR shall dispatch, by Air Courier, according to the instructions of the
Engineer-in-Charge in this behalf 10 (Ten) sets / copies of the said documents.
20.6 The CONTRACTOR shall also, within 48 (Forty-Eight) hours of shipment, send
intimation of shipment by fax or scanned copy by email to the addresses of the
OWNER and/or Engineer- in-Charge specified in this behalf.
20.7 Tax invoice/debit Note/revised tax invoice shall contain all such particulars as
prescribed in GST law and shall state the quantity and detailed description of
each item supplied reflecting the value of each item/material etc.
20.8 The description of each item/material indicated in the Invoice and the Bill of
Lading shall conform to the description of the item/material as given in the
relative Import License(s)/Permit(s) issued to the OWNER in this behalf.
20.9 The Invoice and Bill of Lading shall also indicate on the face of it, the Number,
date and validity of the Import License (if the Import License has been revalidated,
Number and date of re-validation) against which the Import is being made.
20.10 The OWNER reserves the right to vary the said list of documents by addition
thereto or subtraction therefrom and to vary applicable instruction(s) from time to
time.
21.0 PACKING AND FORWARDING
21.1 IMPORTED SUPPLIES
21.1.1 The CONTRACTOR wherever applicable, shall, after proper painting, pack and
crate all materials for shipment in a manner suitable for export to a tropical,
humid climate in accordance with internationally accepted export practices and in
such a manner so as to protect them from damage and deterioration in transit by

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road, rail and/or sea and during storage at CONTRACTOR’s own warehouse
and at the site, as the case may be, till the time of erection. Without prejudice to
any other liabilities or obligations of the CONTRACTOR, the CONTRACTOR
shall be responsible for all damage(s) to the materials due to improper packing.
21.1.2 The CONTRACTOR shall notify the OWNER and Engineer-in-Charge of the date
of each shipment from the port of embarkation as well as of the expected date of
arrival of such shipment at the designated port of arrival only for the
OWNER’s/Engineer-in-Charge’s information.
21.1.3 The CONTRACTOR’s notification shall give complete shipping information
concerning the weight, size and content of each package and such other
information as the OWNER may require.
21.1.4 The packing material used should be duly certified by a Phytosanitary Certificate
issued as per international norms.
21.2 INDIGENOUS SUPPLIES
21.2.1 The CONTRACTOR shall, wherever applicable, after proper painting, pack and
crate all items in such a manner as to protect them from deterioration and
damage during rail and road transportation, during storage at CONTRACTOR’S
own warehouse and at the site, as the case may be till the time of erection.
Without prejudice to any other liabilities or obligations of the CONTRACTOR, the
CONTRACTOR shall be responsible for all damage(s) due to improper packing.
21.2.2 The CONTRACTOR shall notify OWNER/Engineer-in-Charge of the date of each
shipment from the works and expected date of arrival at the site for the
information of OWNER/ Engineer-in-Charge.
21.2.3 The CONTRACTOR’s notification shall also give all shipping information
concerning the weight, size and content of each packing and such other
information as the OWNER/ Engineer-in-Charge may require.
21.2.4 The following documents shall be sent to the OWNER/Engineer-in-Charge within
3 (three) days from the date of shipment:
 Tax invoice (2 copies)
 Packing List (2 copies)
 Test Certificate (4 copies)
 Railway Receipt/Lorry Receipt (2 copies)
 Insurance Certificate (2 copies) or copy of CONTRACTOR’s Policy
 Third Party Inspection Release Note or Inspection Certificate as per QAP
approved by OWNER/ Engineer-in-Charge or waiver certificate issued by
OWNER/ Engineer-in-Charge (2 copies).
21.3 EQUIPMENT
21.3.1 The CONTRACTOR shall be exclusively responsible to arrange for importation
into India in its own name on drawback or re-export or other basis all equipment,
if any, required to be imported into India for the purposes of the work and to pay
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or in respect thereof, and will be solely responsible for the timely and proper
compliance of all applicable terms and conditions and formalities relative thereto.
21.3.2 The CONTRACTOR shall within 4 (Four) Weeks from the date of receipt of
Acceptance of Bid, furnish to the Engineer-in-Charge a list of the said equipment
which he proposes to import into India on a draw-back/re-export basis for the
purposes of the work, together with complete details thereof. The OWNER may
without obligation or responsibility render such assistance as may be reasonably
required by the CONTRACTOR from the OWNER to enable the CONTRACTOR
to obtain the relative Import License(s)/Permit(s) for the importation of the said
equipment on a draw-back/re-export basis.
21.4 MISCELLANEOUS IMPORTS
21.4.1 The CONTRACTOR shall be exclusively responsible at his own costs and
initiative to arrange for importation into India, to import into India, to pay Custom
duties EC, SHEC. GST compensation cess ( If applicable ) and IGST and Port
and other charges and levies, to clear from Customs and to transport to job site
all consumables, spares for the CONTRACTOR’s equipment and other materials
and things provided that the OWNER may, without obligation or responsibility,
render the CONTRACTOR such assistance by way of recommendation to the
Import Control authorities in India or otherwise as may be reasonably required by
the CONTRACTOR from the OWNER to enable the CONTRACTOR to obtain
Import License(s)/Permit(s) for importation of such consumables, spares,
material and other items as the OWNER considers necessary for importation by
the CONTRACTOR for the purpose of the Contract, taking into account local
availability.
21.4.2 Any obligation undertaken or recommendation, facility or assistance provided by
the OWNER to the CONTRACTOR for or in relation to the importation of any
equipment or material whatsoever into India by or on behalf of the
CONTRACTOR pursuant to the provisions hereof or otherwise shall be without
any responsibility or liability whatsoever upon the OWNER and without right in
the CONTRACTOR to raise any claim or demand or to seek extension of time on
account of any delay or failure on the part of the OWNER or any delay or failure
by the CONTRACTOR in obtaining Import License(s) and/or permits for
importation thereof into India.
21.4.3 All materials and equipment Imported into India by or on behalf of the
CONTRACTOR for and in connection with the work and any obligation
undertaken or recommendation, facility or assistance provided by the OWNER
relative thereto shall be on the clear understanding that the materials and
equipment shall be utilised only for and relative to the performance of the work
covered by the Contract.
21.4.4 All the equipment and temporary works and materials when brought to or erected
on the job site, shall be exclusively intended for execution of works and the
CONTRACTOR shall not remove the same or any part thereof, except for the
purpose of moving it from one part of the job site to another, without the prior
consent in writing of the Engineer-in-Charge.

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21.4.5 Upon completion of the works, the CONTRACTOR shall within the scope of
work remove from the job site all the equipment and temporary works remaining
thereon.
21.4.6 All equipment, materials and temporary works shall at all times be and remain at
the risks of the CONTRACTOR in all respects. The OWNER shall not, at anytime,
be liable for the loss or destruction of or damage to any equipment, temporary
works or materials for any reason whatsoever.
22.0 TAXES, DUTIES AND OTHER LEVIES
a) Clause No. 7.d.2. of GTC and 15.6 of GTC stands modified to the extent of
provisions as per Annexure – XXIV of this SCC.
23.0 PERFORMANCE OF WORKS
Notwithstanding anything to the contrary stated in the relevant provisions in the
General Terms & Conditions of Works Contract, under clause 5 and its sub-
clauses thereunder, the following additional clauses shall be applicable
23.1 GENERAL
23.1.1 All works shall be performed and executed by the CONTRACTOR in strict
conformity with the job description(s), Specification(s), Plan(s), drawing(s),
design(s) and other contract documents applicable to the specific work(s) and
any relative instructions as may be issued to the CONTRACTOR by the
Engineer-in-Charge from time to time.
23.1.2 The Engineer-in-Charge shall be entitled from time to time or at any time, at his
discretion, to issue written orders or instructions to the CONTRACTOR relative to
the performance and/or execution of work(s) by the CONTRACTOR or
otherwise, relative to any matter touching or affecting the Contract or arising
there from and to revise or revoke any orders or instructions previously issued,
and the CONTRACTOR shall, subject to the provisions of the clause no. 23.1.3
given below, obey and/or abide thereby.
23.1.3 Should the CONTRACTOR require any clarification in respect of any orders or
instructions issued by the Engineer-in-Charge, or should there appear to the
CONTRACTOR to be any contradiction between any orders or instructions
issued by the Engineer-in-Charge and the Contract documents or any of them,
the CONTRACTOR shall refer the matter immediately in writing to the Engineer-
in-Charge for his decision before proceeding further with the work and the
decision of the Engineer-in-Charge on any such matters shall be final and
binding upon the CONTRACTOR, who shall perform the work accordingly,
without entitlement to any claim against or compensation from the OWNER
resultant upon such order, instruction or decision.
23.1.4 The CONTRACTOR shall, within 4 (Four) weeks of receipt of notification of
acceptance of bid, name Engineer(s) responsible for the work at the job site on
behalf of the CONTRACTOR. The said Engineer(s) of CONTRACTOR shall be
the representative(s) of the CONTRACTOR at the job site for and relative to all
actions and transactions and dealings on behalf of the CONTRACTOR and to
whom all plans, designs, drawings, orders and instructions or other documents or
communications for or relative to the job site may be given, with the intent that all

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transactions and dealings had with the said Engineer(s) shall be deemed to have
been had with the CONTRACTOR, and any and all plans, drawings, orders,
instructions, documents or communications delivered to said Engineer(s) shall
be deemed to have been delivered to the CONTRACTOR. The CONTRACTOR
shall also independently or from amongst the said Engineer(s) designate one
person to be the CONTRACTOR’s Project Manager with whom the OWNER may
also deal with as the CONTRACTOR’s representative in the manner specified
above, and who is authorized to take decisions on behalf of the CONTRACTOR
and to co-ordinate amongst the aforesaid Engineer(s) of the CONTRACTOR.
23.1.5 The CONTRACTOR shall also nominate, at the job site, a Deputy Site
Representative (which nomination shall also be subject to the approval of the
Engineer-in-Charge) to deputize for the CONTRACTOR’s Representative(s)
during periods of unavoidable absence.
23.1.6 The CONTRACTOR shall also provide and maintain, at or about the job site, an
office for the working accommodation of the CONTRACTOR’s engineer and
staff. Such office shall remain open and attended at all hours during which work
is being performed at the job site, for the receipt of instructions, notices, and
other communications.
23.1.7 The CONTRACTOR shall, within the scope of work erect and/or cause to be
erected any and all temporary works, ancillary works and enabling works,
including preparing approaches and working areas for movement and operation
of cranes, preparing and levelling areas for assembly and erection , dewatering
of surface and sub-soil water and protection of existing works, drains, pipes,
trenches, cables overhead and underground works and other facilities and
utilities falling within the job site and/or approximate thereto and repair and/or re-
placement of any and all existing works, drains, pipes, trenches, cables, wires
and facilities and/or utilities damaged or destroyed by the CONTRACTOR or
which may have to be temporarily or permanently diverted or re-routed to enable
the contractual works.
23.1.8 The CONTRACTOR shall co-operate with and afford the OWNER and other
contractors engaged at site, access to the work and shall supply at cost as
determined by the Engineer- in-Charge (whose decision will be final), power and
water for the performance of the work entrusted to them and/or for the carriage
and storage of materials by them and whenever any work by the CONTRACTOR
is being done in association, collaboration or in proximity with any other
contractors, the CONTRACTOR shall co-operate with the OWNER or other
contractor(s)/agency(ies) involved in such work and shall ensure the harmonious
working between the CONTRACTOR and the
OWNER/CONTRACTOR(s)/agency(ies) involved, and shall comply with any
instructions issued by the Engineer-in-Charge for the purpose.
23.1.9 The OWNER shall be entitled, at its discretion, to appoint one or more engineers
and/or other personnel at or about its job site on behalf of the OWNER to do
such acts, deeds, matters and things as may be necessary to safeguard the
OWNER’S interests including (but not limited to), at the discretion of the
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CONTRACTOR at the job site and/or for rendering such assistance to the
CONTRACTOR relative thereto as the OWNER or such Engineer(s) or personnel
shall or may deem fit, it being understood, however, that the presence of any
engineers or personnel of the OWNERS at or about the job site for any
supervision, inspection or test performed or conducted by any such engineer(s)
or any personnel of the OWNER in respect of any work(s) or any other
assistance rendered by such engineer(s) and/or personnel to the
CONTRACTOR relative thereto, shall be without any attendant obligation or
liability of the OWNER vis-à-vis the CONTRACTOR, nor shall relieve the
CONTRACTOR of his/its full responsibility in respect of the work(s) under the
contractor bind the OWNER to accept as satisfactory or complete and/or in
accordance with the contract, any work(s) performed by the CONTRACTOR
which has/have been supervised, inspected, tested or assisted by the said
engineer(s) and/or personnel of the OWNER.
23.1.10 If the CONTRACTOR’s work or any part thereof shall be consequent or resultant
upon any works performed by any other person or shall be in continuance thereof
or otherwise based or founded or dependant thereon, the CONTRACTOR shall
before commencing with his/its work, bring to the notice of the Engineer-in-
Charge, in writing, any defects existing in said prior works.
23.1.11 It is an express condition of this Contract that the CONTRACTOR shall not
engage the services of the other contractors and/or their employees/workers
presently working in the Refinery, without prior written permission of the Owner.
23.2 THE JOB SITES
23.2.1 The CONTRACTOR shall provide, fix and be responsible for the maintenance of
all stakes, templates, level marks, profiles and the like and shall take all
precautions necessary to prevent their removal or disturbance and for their
efficient and timely reinstatement. The CONTRACTOR shall also be responsible
for the maintenance of all survey marks, boundary marks, distance marks,
whether existing or supplied/fixed by the CONTRACTOR.
23.2.2 Before commencing the work, the CONTRACTOR shall at his/its own cost and
initiative 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 benchmarks acceptable to the Engineer-in-
Charge. The centre, longitudinal or faceline and cross line shall be marked by
means of small masonry pillars. Each pillar shall have a distinct mark at the
centre to enable a theodolite to be set over it. No work shall be started until all
these points are approved by the Engineer-in-Charge in writing, but such
approval shall not relieve the CONTRACTOR of any of his responsibilities in
respect of the adequacy or accuracy thereof. The CONTRACTOR shall also
provide all labour, material, tools and other facilities necessary for the proper
checking of layout and inspection of the points during construction.
23.2.3 The CONTRACTOR shall be exclusively responsible for the provision and
maintenance of horizontal and vertical alignments and levels and for the
correctness of every part of the work in accordance therewith and shall, at his
own cost, rectify any error or imperfections therein.

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23.3 SITE CLEARANCE, FILLING AND LEVELLING


23.3.1 The CONTRACTOR shall clear the job site of all unwanted trees, bushes,
undergrowth and overground and underground structures, pipes and
installations, and shall re-route, if necessary, any private utilities located on or
within the job sites and shall take care to keep the job site clean at all times for
easy access to the job site and also from the safety point of view to the
satisfaction of the Engineer-in-Charge.
23.3.2 The CONTRACTOR shall clean and keep clean the work site from time to time
to the satisfaction of the Engineer- in-Charge for easy access to work site and to
ensure safe passage, movement and working. All dismantled material shall be
shifted /removed by CONTRACTOR at his own cost to designated place. The
Contractor shall clear away and remove from the Site any wreckage, rubbish and
Temporary Works which are no longer required in accordance with Good Industry
Practice, Applicable Laws and instructions of the Engineer-in-Charge, unless
required to be maintained at the Site as per the express instructions of Engineer-
in-Charge
23.3.3 If the work involves dismantling of any existing structure in whole or part , any
RCC foundation, paved area care shall be taken to limit the dismantling up to
the exact point and/ or lines as directed by the Engineer-in-Charge and any
damage caused to the existing structure beyond the said line or point shall be
repaired and restored to the original condition at the cost and risk of
CONTRACTOR to the satisfaction of the Engineer-in-Charge, whose decision
shall be final and binding upon the CONTRACTOR.
23.3.4 The CONTRACTOR shall dispose off the unserviceable materials, debris etc.
within the Refinery complex and into the designated area as directed by
Engineer-in-Charge. The Lumpsum Prices shall be inclusive of the above
activities also. The CONTRACTOR shall sort out, clear and stack the
serviceable materials obtained from the dismantling/ renewal at places as
directed by the Engineer-in-charge.
23.3.5 No extra payment-shall be paid on this account. The Prices quoted in
Schedule of Price are deemed to be inclusive of all the costs towards all the
above activities as well.
23.3.6 The CONTRACTOR shall be the custodian of the dismantled materials till the
Engineer-in-Charge takes charge thereof.
23.4 COMPLIANCE WITH CODES AND STANDARDS
a) The Work and all systems, components and parts of the Works shall
comply with:
(i) Those design criteria, codes and standards which are specified in this
Contract, Scope of Contract and as agreed between CONTRACTOR
and OWNER, and
(ii) The requirements of all relevant Indian authorities, including without
limitation:
(a) Factories Act;
(b) Indian Petroleum Rules;

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(c) Tariff Advisory Committee Guidelines;


(d) Liquid effluent discharge, as per Minimal National Standards for
liquid effluents and air emissions conforming to Pollution
Control Board Standards;
(e) Civil Aviation Rules;
(f) Indian Boiler Regulations;
(g) Indian Electricity
Rules;
(h) Requirement of Chief Controller of Explosives;
(i) Requirement of Town & Country Planning Department;
(j) Requirement of Labour Laws and The Building and other
construction workers Act 1996
(k) Requirements of other authorities concerned with the Project or
with any licence, permission, sanction, approval or no objection
relative thereto, and the terms thereof.
b) Any modification to the agreed design criteria will be subject to the
CONTRACTOR providing detailed justification and OWNER’s/ Engineer-in-
Charge’s approval of the same.
23.5 CONDITIONS OF WORK:
The second and third para of Cl. 5 of GTC (Execution of Work) stands replaced
with the following:
23.5.1 If necessary, the CONTRACTOR shall work over time or in two or more shifts in
a day. The CONTRACTOR shall not be entitled to any extra compensation or
remuneration for overtime or double or triple shift working.
23.5.2 The CONTRACTOR will be expected to work on Sundays and holidays, if
necessary, without extra compensation. Contractor shall plan and take prior
approval from the Owner/ Engineer-in-charge to this effect.
23.5.3 The CONTRACTOR shall plan and organise all operations taking into account all
suspensions or shutdowns necessitated by weather conditions and the severity
of weather conditions (foreseen or unforeseen) shall on no account constitute a
ground for extension of time for completion nor shall entitle the CONTRACTOR
to claim any idle charges or additional compensation howsoever designated.
23.5.4 Notwithstanding the shut down or suspension of any operations necessitated by
weather conditions, the CONTRACTOR shall, without entitlement to any
additional compensation or remuneration, at his own cost and initiative take all
steps necessary to protect the job site and works, materials, equipment and
machinery at site during adverse weather conditions and the effects thereof and
shall, at his own cost and initiative, do and perform, to the satisfaction of the
Engineer-in-Charge, all such consequential rectification, repairs and/or reworking
as shall be necessary.
23.5.5 The CONTRACTOR shall plan, well in advance for the collection of materials and
equipment and the erection of such tarpaulins, sheds, wind breakers and/or

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other protection as shall or may be necessary for work during adverse weather
conditions.
23.5.6 The CONTRACTOR shall also arrange and bring to job site and install such
pumps and special equipment and machinery as may be necessary to enable
work during the monsoon or adverse weather conditions and shall, at his own
cost and initiative, arrange for dewatering the job sites so as to keep the
construction site and areas to be worked upon free of water.
23.5.7 The CONTRACTOR shall not be entitled to any extra compensation or
remuneration for or relative to any work during the monsoon or adverse weather
conditions or for or relative to any special arrangements to be made and/or
equipment or machinery to be brought to the job sites and/or operated to enable
such workings.
23.5.8 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.
23.6 TIME FOR COMPLETION
23.6.1 The CONTRACTOR shall complete in all respects in accordance with the
Contract, the entire work within the time specified in this behalf in the Time
Schedule given in Annexure- I to this SCC.
23.6.2 Within 4 (Four) weeks from the date of receipt of notification of acceptance of Bid
the CONTRACTOR shall submit to the OWNER for approval a detailed Progress
Schedule in graphical or other suitable form, giving dates of starting and finishing
of various operations and works within the scope of work, providing sufficient
margin to cover for contingencies and for final testing and commissioning and
consequential repairs, replacement and/or supply. The Engineer-in-Charge and
the CONTRACTOR shall thereafter within another 14 (Fourteen) days settle the
Progress Schedule and the Progress Schedule so settled shall be the approved
Progress Schedule and shall form part of the contract with attendant obligations
upon the CONTRACTOR to commence the various works/operations involved on
or before date(s) mentioned in this behalf in the approved Progress Schedule
and to conclude the said works/operations on or before date mentioned in this
behalf in the approved Progress Schedule and default by CONTRACTOR to
commence or complete within prescribed date(s) any work or operation shall be
deemed to be a breach by the CONTRACTOR to which the provisions of clause
40.1 hereof relating to termination of contract shall apply, but without prejudice to
any other rights or remedies which the OWNER may have in this behalf.
23.6.3 The said Progress Schedule(s) to be submitted to the Engineer-in-Charge for
approval shall be accompanied as part thereof by a document which will list,
relative to each operation, the labour, machinery and equipment to be employed
by the CONTRACTOR to achieve the desired rate of progress, it being
understood, however, that the quantity and types therein indicated shall merely

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constitute an indication of minimums, and shall not any wise absolve the
CONTRACTOR from his/its obligations to complete the work in all respects within
the time for completion specified in this behalf elsewhere in the bid documents
and/or to employ additional labour, machinery and equipment necessary to
achieve the desired rates of progress and/or to complete the work within the
specified time.
23.6.4 If the CONTRACTOR shall fail to submit to the OWNER a Progress Schedule as
envisaged above or if the Engineer-in-Charge and CONTRACTOR shall fail to
agree upon the Progress Schedule as envisaged above, then the Engineer-in-
Charge shall in consultation with the CONTRACTOR prepare the Progress
Schedule (the dates of progress as fixed by the Engineer-in-Charge being final
and binding upon the CONTRACTOR except as herein otherwise expressly
provided), and shall issue the Progress Schedule so prepared to the
CONTRACTOR, and the provisions of clause 23.6.2 shall apply relative thereto
as though it was as approved Progress Schedule
23.6.5 Any reference in the contract documents to the “approved Progress Schedule” or
to the “Progress Schedule” shall mean the “approved Progress Schedule”
specified in clause 23.6.2 above or the “Progress Schedule” prepared and issued
by the Engineer-in-Charge as specified in clause 23.6.4 above, whichever shall
be in existence.
23.6.6 Within 7 (Seven) days of the occurrence of any act, event of omission which, in
the opinion of the CONTRACTOR, is likely to lead to delay in the
commencement or completion of any particular work(s) or operation(s) or the
entire work at any job site(s) and is such as would entitle the CONTRACTOR to
an extension of time specified in this behalf in the Progress Schedule(s), the
CONTRACTOR shall inform the Engineer-in-Charge, in writing, of the occurrence
of the act, event or omission and the date of commencement of such occurrence.
Thereafter, if even upon the cessation of such act or event or the fulfilment of the
omission, the CONTRACTOR is of the opinion that an extension of the time
specified in the Progress Schedule relative to particular operation(s) or item(s)
or works or the entire work at the job site(s) is necessary, the CONTRACTOR
shall, within 7(Seven) days after the cessation or fulfilment as aforesaid, make a
request to the Engineer-in-Charge for extension of the relative time specified in
the Progress Schedule. The Engineer-in-Charge may on such request at any
time prior to completion of the works extend the relative time of completion in the
Progress Schedule for such period(s) as he considers necessary, if he is of
opinion that such act, event, or omission constitutes a ground for extension of
time in terms of the Contract and that such act, event, or omission has in fact
resulted in insurmountable delay to the CONTRACTOR. The opinion/decision of
the Engineer-in-Charge in this behalf and as to the extension necessary shall
subject to the provisions of clause 23.6.7 hereof, be final and binding upon the
CONTRACTOR.
23.6.7 Notwithstanding the provisions of clause 23.6.6 hereof, the OWNER may at any
time after final completion of the Unit or works in all respects of its own initiative
consider a request for extension of time made by the CONTRACTOR to the

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Engineer-in-Charge under Clause 23.6.6 or at the request of the CONTRACTOR


made by way of appeal either against the decision of the Engineer-in-Charge
taken under clause 23.6.6 or against the Engineer-in- Charge’s failure to take a
decision under the said clause, if satisfied of the existence of any ground(s)
justifying the delay, extend the date for completion of the work or any item or
operation thereof for such period(s) as the OWNER may consider necessary,
and the decision of OWNER as to the existence or otherwise of any grounds
justifying the extension and as to the period(s) of extension necessary shall be
final and binding upon the CONTRACTOR.
23.6.8 Subject as elsewhere herein or in the Contract documents expressly provided,
only the existence of force majeure circumstances as defined in clause 23.6.9
hereof shall afford the CONTRACTOR a ground for extension of time for
completion of the work or any part of the work or any operation(s) involved
therein, and specifically without prejudice to the generality of the foregoing,
inclement or unforeseen weather, strike, lockouts, third party breach, delay in
supply of materials(s) or commercial hardship shall not afford the CONTRACTOR
a ground for extension of time or relieve the CONTRACTOR of his/its full
obligations under the Contract, nor will any forced shutdown or idleness or other
impediment in progress or Completion of the work due to any reason whatsoever
afford the CONTRACTOR a ground for extension of time or relieve the
CONTRACTOR of his/its full obligation under the Contract except and to the
extent otherwise elsewhere herein specifically provided.
23.6.9 “Force Majeure” shall be as per cl. 13 of GTC.
23.6.10 Upon an extension of the time for completion of the work or any part of the work
or any operation(s) involved therein, the extended date of completion shall be
deemed to be the relative date of completion in the Progress Schedule.
23.6.11 The extension of time shall be the sole remedy of the CONTRACTOR for any
cause or event of delay and the CONTRACTOR shall not be entitled in addition
to or in lieu of such extension, to claim any damages or compensation for
extended stay or otherwise whether under the law governing contracts or quasi-
contracts or any other relationship, and the CONTRACTOR hereby waives and
disclaims any and all contrary rights.
23.6.12 No assurance, representation, promise or other statement by any personnel,
Engineer or representative of the OWNER in relation to extension of time for
commencement or completion of any work(s) or operation thereof or of the entire
works under the Contract shall be binding upon the OWNER or shall constitute
an extension of time for commencement or provision of clause. 23.6.6 or
Clause23.6.7 hereof, unless the same is communicated to the CONTRACTOR
by the Engineer-in-Charge under Clause 23.6.6 or by the Chief General Manager
- Projects, Rajasthan Refinery under Clause 23.6.7 and the writing specifically
states to embody an extension of time within the provisions of Clause 23.6.6 or
23.6.7 as the case may be, and without prejudice to the foregoing, the mere
agreement or prescription of a Progress Schedule by the Engineer-in-Charge or
any representative of the OWNER at variance with the Progress Schedule, or
approved Progress Schedule, as the case may be, referred to in Clause 23.6.2,

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23.6.3 and/or 23.6.4 or containing an extended time of commencement or


completion in respect of the entire work(s) or any part or operation thereof shall
not anywise constitute an extension of time in terms of the contracts so as to
bind the OWNER or to relieve the CONTRACTOR of all or any of his/its liabilities
under the Contract, nor shall constitute a promise on behalf of the OWNER or a
waiver by the OWNER of any of its rights in terms of the Contract relative to the
performance of the contract within the time specified or otherwise, but shall be
deemed only (at the most) as a guidance to the CONTRACTOR for better
organising his work on are cognition that the CONTRACTOR has failed to
organise his work and/ or to perform the same within the time specified in the
Progress Schedule established within the provisions of clause 23.6.2, 23.6.3 or
23.6.4.hereof as the case may be.
23.7 PRICE ADJUSTMENTS FOR SLIPPAGES IN COMPLETION
23.7.1.1 The provisions under Clause No. 10 i) to iv) –‘Price Reduction’ in the General
Terms & Conditions of Works Contract stand replaced as detailed in Annexure
XIX of SCC [Titled “PRICE ADJUSTMENT FOR SLIPPAGE IN COMPLETION”].
Provisions of price reduction/adjustment for delay in achieving
intermediate major milestones, shall be as Annexure XXVIII of SCC.
23.7.1.2 Application of price adjustment under clause 23.7.1.1 above shall be without
prejudice to any other right of the OWNER, including the right of termination
under Clause 40.1 and associated clauses there under
23.7.1.3 Nothing in Clause 23.7.1.1 above shall prevent the OWNER from exercising its
right of termination of Contract under Clause 40.1 hereof and associated clauses
thereunder, and the OWNER shall been titled, in the event of exercising its said
right of termination after the last date for Mechanical Completion of the Unit(s)
and/ or for final completion of the works as the case may be, as specified in the
Progress Schedule or any extension thereof, without prejudice to any other right
or remedy available to the OWNER, to discount as aforesaid in the contractual
price of services in addition to any amount as may be due consequent to a
termination under Clause 40.1 hereof and associated clauses there under.
23.7.1.4 It is specifically acknowledged that the provisions of this Clause 23.7 and
associated Clauses thereunder constitute purely a provision for price adjustment
and/or fixation and are not to be understood or construed as a provision for
liquidated damages or penalty under Clause 74 of the Indian Contract Act or
otherwise, and that the OWNER shall be entitled to damages or compensation,
as the case may be, for breach or delay, independently of these provisions for
price adjustment.
23.7.1.5 GST (if applicable) on account of Price adjustment for slippages in Completion as
detailed in Annexure XIX of SCC would be borne by Contractor. Alternatively,
CONTRACTOR shall invoice after adjusting the amount against Price adjustment
for Slippages in Completion from the RA Bill and claim the GST accordingly.
23.7.1.6 Delay by OWNER in providing Utilities and Feedstock will not be reason for
waiver of price adjustment, if concurrently CONTRACTOR has delayed the
completion of the Progress Schedule.

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23.7.1.7 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 of General Terms & Conditions of
Works Contract and any right to get the defects in the work rectified at the
cost of the contractor.
23.7.2 EXCESS CONSUMPTION OF UTILITIES
23.7.2.1 In the event that the total consumption/generation of respective utility as detailed
in Annexure-II to SCC exceeds the guaranteed utility consumption/generation by
more than as specified in FORM SP-10 of Schedule of Prices, then the
CONTRACTOR shall first remedy/rectify the problem or make necessary
replacements within such time as may be fixed on this behalf by the Engineer-in-
Charge after consulting the CONTRACTOR, so as to ensure that the
consumption/generation of utility is brought within the guaranteed utility
consumption/generation. If even after remedy/rectification / replacement of the
equipment the total utility exceeds the guaranteed utility
Consumption/generation, the OWNER shall be entitled to remedies/penalities as
defined in Annexure-II to these Special Conditions of Contract.
23.7.2.2 The Contractor shall not be entitled to any extension of time for any
remedy/replacement/rectification as specified above
23.8 SCHEDULE OF ACTIVITIES
23.8.1 The CONTRACTOR shall within 4 (Four) weeks from the date of issue of the
Letter of Acceptance, furnish to the OWNER a detailed Schedule of Activities
specifying in detail the various activities which the CONTRACTOR would be
required to perform and the milestones with respect to each which the
CONTRACTOR would have to achieve in order to set-up, complete, establish and
successfully commission the UNIT/ works in accordance with the Contract.
23.8.2 Each activity entered in the Schedule of Activities and each milestone therein shall
be priced so as to break-up so far as possible, the Lumpsum Price of services into
various priced milestones of achievements and priced activities required to
achieve those milestones. The Schedule of Activities and the said priced break-up
of activities therein are intended only to provide a basis for the purpose of
calculating on account payments for services and for calculating payments due to
the CONTRACTOR under clause 10.4 hereof upon cancellation of Contract, and
for no other purpose.
23.8.3 The prices in Schedule of Activities shall be in conformity with the price(s) quoted
by the CONTRACTOR for the various activities and the Contractual provisions for
on account payments.
23.8.4 The OWNER shall review or cause to be reviewed the prima facie adequacy,
sufficiency, validity and/or suitability of the activities listed in the Schedule of
Activities for the works for which they are intended, and of the prices indicated in
the Schedule of Activities in respect thereof. Such review shall be performed in
conjunction with the design, engineering, specification and other technical reviews
to be done by the OWNER and all provisions applicable thereto shall be

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applicable to there view of the Schedule of Activities. OWNER shall approve or


comment on such schedule of activities submitted by the CONTRACTOR within a
period of 3 (Three) Weeks from the date of submission by CONTRACTOR.
23.8.5 The priced Schedule of Activities as approved by the OWNER shall constitute the
Schedule of Activities envisaged in the contract documents. However, no such
approval shall in any manner absolve the CONTRACTOR of his full responsibility
under the contract to perform within the lump-sum price of services specified in the
Price-Schedule, all services and to perform and undertake the work(s) required to
setup, establish and commission the Unit in accordance with the Contract and the
specification, complete in all respects, whether or not any particular work or
activity required is included within the Schedule of Activities and whether or not the
price thereof is included in the price indicated in the Schedule of Activities and
whether or not the price thereof is in conformity with the price thereof indicated in
the Schedule of Activities.
23.8.6 The Schedule of Activities shall be subject to amendment in both items and prices
in so far as necessary consequent upon any amendment in any relevant related
technical particulars or consequent upon a Change Order, and upon any
amendment, the amended Schedule of Activities as approved by the OWNER
shall thereafter constitute the Schedule of Activities as envisaged in the Contract
Documents, provided that no such amendment shall by itself anywise oblige the
OWNER to pay any amount in addition to the Lumpsum Price of services as
specified in the Price Schedule or oblige the OWNER to pay or bear any tax or
duty which it would not have had to pay or bear but for such amendment.
23.9 REPORT AND RECORDS
23.9.1 The CONTRACTOR shall from time to time maintain at each job site (in addition to
any records or registers required to be maintained by the CONTRACTOR under
any law, rule or regulation having the force of law), such records and registers with
respect to the materials and/or works as the Engineer-in-Charge or the OWNER
shall require the CONTRACTOR to keep and/or maintain from time to time.
23.9.2 In addition to any other records or registers to be maintained by the
CONTRACTOR from time to time and/or reports required to be furnished by the
CONTRACTOR, the CONTRACTOR shall submit to the Engineer-in-Charge and
to the OWNER a Daily Progress Report of all work done and/or progress achieved
by the CONTRACTOR at each job site within the preceding day.
23.9.2.1 The said daily Progress Report shall also contain category-wise the labour and
equipment deployed in the various activities during the previous day.
23.9.2.2 The CONTRACTOR shall also submit to the Engineer-in-Charge and to the
OWNER at the end of each week (terminating on Sunday), a Progress Report of
all work done and/or progress achieved by the CONTRACTOR at each job site
within the preceding week. The Report shall also indicate the targets and the
slippage (if any) in the achievement of targets, and the cause(s) for such slippage.
23.9.2.3 The CONTRACTOR shall also at the end of each English Calendar month submit
to the Engineer-in-Charge and to the OWNER, a Progress Report of all work done
and/or progress achieved by the CONTRACTOR at each jobsite within preceding
month. Such Report shall also indicate the slippages of any achievement in the

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targets upto the previous month and the steps being taken and to be taken to
catch up and the catch up plan of the CONTRACTOR relative thereto. The said
Report shall also indicate in a separate statement, the equipment(s) received at
the jobsite during the previous month, the date of receipt of each equipment at site
and whether the equipments have been erected or deployed or not.
23.9.3 The failure by the CONTRACTOR to submit the reports as specified in Clause
23.9.2,23.9.2.1,23.9.2.2 and/or 23.9.2.3 shall:
(i) disentitled the CONTRACTOR from submitting any Running Account Bill or
other Bill or Invoice for material or equipment or for work done until the
CONTRACTOR shall have duly made up any short fall in the compliance(s).
(ii) constitute a breach of contract under Clause 40.1.1 (e) of the SCC
23.9.4 The receipt and/or acceptance of any such report by the Engineer-in-Charge
and/or the OWNER shall be without prejudice to the full rights and remedies of
OWNER and obligations/liabilities of CONTRACTOR under the Contract, and shall
not anywise operate as and stopped against OWNER by reason only of the fact
that no notice or objection was taken of any information contained in any such
report; nor shall any statement in any such report be deemed to be correct merely
by virtue of the existence of such statement, and it being uncontroverted by the
OWNER or the Engineer-in-Charge.
23.10 QUALITY ASSURANCE/QUALITY CONTROL PROGRAMME
23.10.1 The CONTRACTOR sh a ll establish, document and maintain an effective Quality
Assurance Programme conforming to ISO9001. Within 4 (Four) weeks of the issue
of the Letter o f acceptance, a detailed Quality Assurance Programme
conforming to the said specifications to be followed for the execution of the
contract shall be submitted by the CONTRACTOR to the Engineer-in-Charge for
approval.
23.10.2 The Quality Assurance Programme, plans and procedures shall be furnished in
the form of a QA manual. This document should cover details of the personnel
responsible for the quality assurance plan or procedures to be followed for quality
control in respect of design, engineering, procurement, supply, work(s),
fabrication, installation, testing and commissioning. The quality assurance system
should indicate organizational approach for Quality Control and quality assurance
of the construction activities, at all stages of work at site as well as at
manufacturer’s works and dispatch of materials.
23.10.3 The Engineer-in-Charge shall review the Quality Assurance Programme within
3(three) weeks of receipt.
23.10.4 The CONTRACTOR shall within the Scope of Supply, arrange for and carry out
inspection activities in respect of imported equipment/ materials through an
approved Third Party Inspection Agency. Third party inspection shall be carried
out by TPI office of the country(ies) from where materials are being procured/
sourced. The Third Party shall within its scope of work, examine the existence,
correctness and completeness of all test and other certificates and Reports
required to be furnished under the approved Quality Assurance Procedure (QAP),
the applicable codes and specifications and the contract documents.

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23.10.5 Payments to be made to the Third Party Inspection Agency shall be the
responsibility of the CONTRACTOR. The responsibility for ensuring inspection/
testing as per specifications, approved documents and agreed QAP and plans
shall be that of the CONTRACTOR. Inspection activities of the Third Party
Inspection Agency shall be coordinated by the Inspection Coordinator of the
CONTRACTOR.
23.10.6 The CONTRACTOR shall ensure the following to maintain utmost quality in
supply of equipment/materials:
a) No supply will be accepted unless drawings (wherever required) are
approved under Code-1
b) The Inspection Agency shall carryout inspection based on Code-1 approved
drawings and approved QAP.
c) The Inspection Release Note issued by the Inspection Agency shall clearly
stipulate that materials/equipment(s) has/have been inspected as per Code-1
approved drawings and approved QAP, and that the Certificate and Reports
referred to in Clause 23.10.4 which have been examined by the Inspection
Agency are correct and complete and have been signed by the Inspection
Agency in token thereof. Payment shall be released only after receipt of the
said Release Note from the Inspection Agency.
d) No clearance shall be given to the CONTRACTOR for erection works or for
installation of the equipment without receipt of the Inspection Release Note
as indicated in para (c) above
e) Pre-commissioning and commissioning of the plant and equipment and of the
UNIT shall be undertaken only after complete satisfaction/verification of
supplies as per final approved drawings (Code-1) and QAP (Code-1).
23.10.7 The CONTRACTOR has to ensure the deployment of quality Assurance and
Quality Control Engineer(s) depending upon the quantum of work. This QA/QC
group shall be fully responsible to carry out the work as per standards and all
code requirements. In case the Engineer-in-charge feels that QA/QC Engineer(s)
of the CONTRACTOR or any of them are in competent or that the designated
Engineer(s) are insufficient, the CONTRACTOR shall deploy other experienced
Engineer(s) to the satisfaction of Engineer-In-Charge.
23.10.8 If the CONTRACTOR fails to comply with the requirements of the QAP and the
above provisions or to follow the instructions of Engineer-in-charge under Clause
23.10.7, the next payment due to him shall not be certified, or if already certified,
shall not be released unless the CONTRACTOR complies there with to the
satisfaction of Engineer-in-charge.
23.10.9 If Third Party Inspection is specifically excluded from the CONTRACTOR’s
responsibility under the Contract, the inspection shall be carried out by the
Engineer-In-charge (EIC) or by any other Inspection Agency nominated by the
OWNER, and Cl. 23.10.4, 23.10.5, 23.10.7 and 23.10.8 shall stand accordingly
modified.

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24.0 EXECUTION OF THE WORK


24.1 The CONTRACTOR shall provide sufficient labour, staff (qualified and
unqualified), machinery, tools and equipment, S o f t w a r e , material and things
whatsoever necessary for the proper performance of the work and to ensure the
rate of progress as envisaged in the Progress Schedule.
24.2 If in the opinion of the Engineer-in-Charge (whose opinion in this behalf shall be
final), the work(s)/operation(s) at any job site or as a whole is/are not meeting the
progress necessary to achieve the relative date of completion in the Progress
Schedule, the Engineer-in-Charge may instruct the CONTRACTOR to
employ/provide additional labour, staff, machinery, tools, equipment or material
necessary to achieve the required progress and the CONTRACTOR shall forthwith
comply with such instruction(s) without any extra time for completion.
24.3 Should the CONTRACTOR fail to comply with such instruction(s) or fail to comply
therewith to the satisfaction of the Engineer-in-Charge (whose opinion in this
behalf shall be final and binding upon the CONTRACTOR), the Engineer-in-
Charge may, at his discretion, at the risk and cost of CONTRACTOR, appoint,
procure or provide the material(s) and/or the additional labour/personnel and or
equipment as the Engineer-in-Charge (whose decision in this behalf shall be final
and binding upon the CONTRACTOR) considers necessary to achieve the
necessary progress in relation to any particular work/operation or the work as a
whole, or may appoint subcontractor(s) for the performance of any particular work
or operation and/or for the supply of any requisite material. In so doing, the
Engineer-in-Charge shall be deemed to be acting for and on behalf of and as
agent of the CONTRACTOR and any such appointment(s), procurement or
provision shall be deemed to have been made by the CONTRACTOR and shall
be paid for by the CONTRACTOR and/or out of any amounts payable to the
CONTRACTOR. The OWNER shall also be entitled in this event to 15% (Fifteen
Percent) as supervision charges on the total cost of such appointment(s),
procurement(s) and/or provision(s), and the OWNER shall be entitled (without
prejudice to any other mode of recovery) to deduct the same from the running
account/final bills of the CONTRACTOR or any amount howsoever becoming
payable to the CONTRACTOR from time to time and the decision of the Engineer-
in-Charge as to the cost incurred in this behalf shall be final and binding upon the
CONTRACTOR.
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.
24.4 Should the Engineer-in-Charge at any stage (notwithstanding that the time for
completion of the relative work or item of work as specified in the Progress
Schedule has not expired) be of the opinion (the opinion of the Engineer-in-Charge
in this behalf being final) that the performance of any work or item of work by the
CONTRACTOR is unsatisfactory (whether in the rate of progress, the manner,
quality or workmanship of the performance or in the adherence to specifications,
or in the omission, neglect or failure to do, perform, complete or finish any works

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or item, or for any other cause whatsoever), the Engineer-in-Charge shall be


entitled (without prejudice to any other rights of the OWNER and/or obligations
of the CONTRACTOR under the Contract) at his discretion and after consulting
the CONTRACTOR at the risk and cost of the CONTRACTOR either to
appoint, procure and/or provide such labour, staff, machinery, tools, materials
etc. as the Engineer-in-Charge (whose decision shall be final and binding upon
the CONTRACTOR) considers necessary to achieve satisfaction in relation to
the particular work, operation or item or work, or the work as a whole, as the
case may be, or to appoint one or more subcontractors for the satisfactory
performance thereof or any part thereof, or to undertake the performance
thereof or any part thereof departmentally, and the provisions of clause 24.3
hereof shall mutatis mutandis apply to any action taken by the Engineer-in-
Charge pursuant to this clause in the same manner as applicable to an action
taken under the said clause.
24.5 After and so far as the performance of any work or supply of any materials
under Clause 24.3 or under Clause 24.4 shall involve payment of any
advance(s) or down payment(s) or any other payment in advance of the
payments for relative works or supplies to the CONTRACTOR, such
payment(s) shall be funded out of the amounts payable or becoming payable
on the Running Account Bills or other Bills of the CONTRACTOR and/or out of
any Bank Guarantees to secure advance(s) or otherwise held by the OWNER
pursuant to this contract.
24.6 Any action, taken by the Engineer–in-Charge under clause 24.3 and/or 24.4
shall be without prejudice to the full liability of the CONTRACTOR under the
Contract including but not limited to the OWNER’S full rights under clauses
23.7 and associated clauses thereunder, and under clauses 40.7 and 40.8
hereof.
24.7 During the progress of the works, the CONTRACTOR shall keep the site
reasonably free from all unnecessary obstruction and shall store or dispose of
any constructional plant and surplus materials and clear away and remove
from the site, any wreckage, rubbish or temporary works no longer required.
25.0 SUB-CONTRACTS
25.1 The CONTRACTOR shall not assign, sub-contract or subject the whole or any
part of the work in any manner to any third party lien, right or interest, provided
that the CONTRACTOR may, with the prior written approval of Engineer-in-
Charge and subject to the other provisions in this behalf, sub contract any
particular work or part of the work to a subcontractor approved by the
Engineer-in-Charge.
25.2 Each Sub-Contractor shall be covered by the contract on the same basis as
the CONTRACTOR, provided, however, that notwithstanding approval of the
Sub-Contract as aforesaid and notwithstanding that the OWNER/Engineer-in-
Charge shall have received a copy of the Contract between CONTRACTOR
and Sub-Contractor, the CONTRACTOR shall be and shall remain exclusively
responsible to the OWNER, for which purposes the Sub-Contractor shall, visa-
vis the OWNER, be deemed to be the servant/agent of CONTRACTOR

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employed for the performance of the particular work with full responsibility on
CONTRACTOR for all acts, omissions and defaults of the Sub-Contractor.
25.3 Subject as herein above in this behalf specifically permitted and provided, the
CONTRACTOR shall not sub-contract or sub-let or assign any work under the
Contract, and any sub-contract or sub-let in breach hereof shall be deemed to
be an assignment of the Contract or part or portion thereof sub-contracted, as
the case may be.
25.4 If any sub-contractor engaged upon the work at the site executes any work
which in the opinion of the Engineer-in-Charge is not of the requisite standard
(the opinion of the Engineer-in-Charge being final in this behalf), the Engineer-
in-Charge may after consulting the CONTRACTOR, by written notice to the
CONTRACTOR require the CONTRACTOR to terminate such sub-contract,
and the CONTRACTOR shall upon the receipt of such notice, terminate such
sub-contract at the risks and cost of the CONTRACTOR, and shall keep
OWNER indemnified against the consequences
25.5 Notwithstanding such sub-contract being approved by Engineer-in Charge as
herein envisaged, the CONTRACTOR shall, at the commencement of every
month, furnish the Engineer-in- Charge with a list of all sub-contractors
engaged and working at the site during the previous month, with particulars of
the general nature of the works performed by them.
26.0 SUB-CONTRACTOR FOR CONSTRUCTION WORKS
26.1 Following the issue of the Letter of Acceptance, the CONTRACTOR will submit
to the OWNER and Engineer-in-Charge for approval the details of sub-
Contractors for construction in the Format prescribed by the OWNER for the
purpose. The CONTRACTOR shall ensure that only competent and
resourceful agencies with proven track record and performance should be
proposed for the work to be sub-contracted.
26.2 The list of construction sub-contractors proposed by the Bidders in the Bid
shall be considered as indicative only.
26.3 Subject to the provisions of IFB/NIT, A minimum of the following construction
activities shall be performed by the CONTRACTOR directly and shall not be
sub-contracted:
(i) Total Project Management
(ii) Planning, Scheduling, Monitoring
(iii) Procurement: (except for procurement of Cement, Steel and aggregate)
(iv) Quality Assurance including HSE
(v) Construction Management
(vi) Mechanical Completion, Pre-commissioning, Start up and Commissioning
26.4 Additionally, the CONTRACTOR must deploy its own manpower for planning,
supervision and quality of works at site including Project Manager(s), Quality
Control Engineer(s) for various disciplines, Planning Engineer(s) and front line
supervisors for Civil, Electrical, Mechanical, Piping and Instrumentation jobs.

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Sub-contracting of these activities shall not be permitted under any


circumstances.
27.0 ENGINEERING SUB-CONTRACTOR
27.1 Subject to the provisions of IFB/NIT, the CONTRACTOR/ Engineering sub-
contractor executing residual process design and detailed engineering shall
follow inter alia the methodology mentioned below:
27.1.1 Residual Process Design and detailed Engineering shall be done by the
CONTRACTOR or specified Engineering Subcontractor identified by the
CONTRACTOR in his Bid and approved by the OWNER. No other or further
subcontracting shall be permitted
27.1.2 The Residual process Design and detailed Engineering shall be carried out at
the Principal International Design Office of the CONTRACTOR/ Engineering
Subcontractor, as the case may be, with adequate strength of technical
personnel and support design aids.
27.1.3 The CONTRACTOR/ Engineering Subcontractor shall extensively use latest
design software including 3D Modelling with PDS/PDMS software.
27.1.4 In the case of Residual Design Engineering and/or Detailed Engineering being
done by engineering subcontractor, the CONTRACTOR shall locate its Lead
Engineers of the respective disciplines viz CIVIL, STRUCTURAL, PRESSURE
VESSELS, STATIC & ROTATING EQUIPMENT, PIPING, ELECTRICAL and
INSTRUMENTATION at the design Centre (office) of the engineering
subcontractor to control, monitor and approve the engineering design
work/deliverables of the engineering subcontractor prior to their issue for
Review or Construction, as applicable. Such placement shall be a pre-
condition for the issue of any drawings for review or construction, to which end
the CONTRACTOR shall keep the OWNER informed of such deployment with
particulars of the Lead Engineers deployed, and the relevant dates of their
deployment, and all drawings issued for review or construction shall be
countersigned by the concerned Lead Engineer. All interactions on Design/
Review/ Discussions with OWNER/ OWNER’s representative shall be done
under single point responsibility of the CONTRACTOR.
27.1.5 After start of construction work, the CONTRACTOR and/or its engineering
subcontractor, as the case may be, shall position at work site a field
engineering team essentially consisting of General Civil, Piping and Structures
initially and followed by Electrical and Instrumentation who have been involved
in carrying out the design at the design centre in order to closely co- ordinate
with site construction group to resolve any issues related to
design/construction and provide additional drawings/documents as required.
Other specialists as required shall also be deployed. The field engineering
team shall be equipped with all their design aids (both hardware and software)
and with effective communication network facilities with their Principal
International Design Office.

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28.0 MISCONDUCT
28.1 If and whenever any of the CONTRACTOR’s or Sub-contractor’s agents, sub-
agents, assigns, consultants or employees shall in the opinion of the Engineer-
in-Charge (whose opinion in this behalf shall be final), be guilty of misconduct
or be incompetent or indifferently qualified or negligent in the performance of
his/their duties, or if in the opinion of the Engineer-in-Charge (which shall be
final), it is undesirable for any reason (which need not be disclosed to the
CONTRACTOR) for such person(s) to be employed in the works, the
CONTRACTOR, if so directed by the Engineer-in-Charge, shall forthwith
remove or cause to be removed such person(s) from employment thereon, and
any person(s) so removed shall not be re-employed in the works except with
the prior permission in writing of the Engineer-in- Charge. Should the
CONTRACTOR be requested to repatriate any person removed from the
works, the CONTRACTOR shall do so forthwith at his own cost. Any person(s)
so removed from the works shall be immediately replaced at the expense of
CONTRACTOR by a qualified and competent substitute.
28.2 The CONTRACTOR shall keep the OWNER/Consultant indemnified from and
against all personal and third party claims whatsoever (inclusive of all costs
incurred between attorney and client) arising out of any act or omission on part
the of any sub-contractor or agent, sub-agent, consultant or employee of the
CONTRACTOR or any Sub-contractor, whether committed, omitted or arising
within or without the scope of the contract, sub-contract, agency or
employment, as the case may be.
29.0 INSPECTION AND TESTING OF MATERIALS
29.1 All materials to be supplied by the CONTRACTOR within the scope of supply
shall each be individually inspected, tested and analysed in terms of the
specifications, applicable codes and the relevant practices specified therein or
elsewhere in the contract document by expression or implication.
29.2 Inspection, tests and analysis shall be carried out in so far as possible, at the
place of manufacture, production or fabrication of the materials, at the cost of the
CONTRACTOR/ manufacturer.
29.3 In each and every instance, the CONTRACTOR shall give the OWNER and its
specified representatives, adequate advance (minimum 15 days) notification of
the schedule of inspection or test so that the OWNER/its representative may
witness the same. The CONTRACTOR shall afford the OWNER/its authorised
representatives, access to any and all parts of manufacturer’s facilities or other
places where manufacture, production or fabrication is being done, of any
material intended for supply within the scope of supply.
29.4 The OWNER shall be entitled at all times whether prior to despatch of stores, by
itself and/or through inspectors appointed by the OWNER to inspect, test and/or
analyse and/or to direct the manufacturers to inspect, test and/or analyse, any
materials used or proposed to be used in the manufacture, production or
fabrication of any material to be supplied by the CONTRACTOR within the scope
of supply. The said inspection, test and analysis as far as required, shall be
conducted in the presence of the inspector. The manufacturer shall ensure that

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the inspecting personnel referred to above are given free access to all the
required places and information connected with their work, besides working
facilities to carry out their functions. The said inspection, test and analysis shall
be so conducted as not to interfere with the manufacturer’s normal production.
29.5 The OWNER shall be entitled at any time at the risk of the CONTRACTOR to
inspect and/or test by itself or through any independent person(s) or agency(ies)
appointed by the OWNER any materials, items and components whatsoever
supplied or proposed to be supplied for incorporation in the works
29.6 Further, the OWNER may, if he so considers necessary for reasons to be
recorded in writing, direct the CONTRACTOR to conduct such inspection or tests
in addition to the inspection/ tests specified in the Contract or the applicable
codes, standards and/or practices. The inspection and/or tests, if conducted by
the CONTRACTOR, shall be conducted at the expense of CONTRACTOR and
may be directed by the OWNER to be conducted by agency(ies) nominated by
the OWNER. Such tests may include destructive and/or non- destructive tests by
ultrasonic, electromagnetic, radiological, visual and other means.
29.7 Where the manufacture or fabrication of any materials intended for incorporation
in the works is being done by any person(s) other than the CONTRACTOR,
and/or in the premises/workshop of any person other than the CONTRACTOR,
the CONTRACTOR shall procure and arrange for the inspection or testing and/or
analysis thereof by such other person(s) and shall provide the OWNER and/or its
authorised representative(s) every facility and assistance necessary for the
inspection and/or testing thereof.
29.8 The CONTRACTOR shall also, on receipt of intimation or any communication of
any inspection or tests by the OWNER or any agencies nominated by the
OWNER in this behalf, present himself or his authorised representative(s) at the
place of inspection and/or testing to receive any orders or instructions
consequent thereto, as shall be necessary.
29.9 The CONTRACTOR shall furnish to the OWNER and/ or agency specified by the
OWNER for the purpose of inspection or approval when requested, or as
required by the inspection or other contract documents, adequate samples of all
materials and finishes intended for incorporation in the works. Such samples
shall be submitted before the work is commenced, permitting sufficient time for
tests/examination(s) thereof by the OWNER. All materials furnished and finishes
incorporated in the work shall conform to the approved sample(s) in all respects.
29.10 The CONTRACTOR/manufacturers including their authorised
Subcontractors/Suppliers shall make available to the OWNER and any other
individual/agency authorised by the OWNER, for the purpose of inspection, all its
records and results in respect of inspection, test and analysis conducted by it as
part of their manufacturing and testing operations under the applicable codes
and practices
29.11 Should the manufacturers fail to comply with any of the provisions aforesaid
relating to inspection, testing and/or analysis, the OWNER shall be entitled by
itself and/or through inspect or to conduct the inspection, test and/or analysis at
the risk and expense of the manufacturer/CONTRACTOR in all respects.

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29.11.1 No rejected material, component or sub-assembly shall be used or reused for


manufacture, production or fabrication of any material(s) intended for permanent
incorporation in the works
29.12 Unless otherwise specifically authorised by the OWNER in writing, the supplier
shall not ship or dispatch for shipment, within the scope of supply, any store(s)
which have not been priorly inspected, tested and/or analysed as herein
contemplated and in respect of which a certificate of quality has not been issued
or signed by the inspectors.
29.13 If the rejection rates at the OWNER’S inspection for defects exceeds 5% (Five
percent), the OWNER shall be entitled to halt production until the cause thereof is
rectified, without any liability to the OWNER and without in any manner relieving
the CONTRACTOR of its full liabilities under the Contract.
29.14 The Engineer-in-Charge shall be entitled for reasons to be recorded in writing to
reject at any time even after delivery to the job site any defective materials
(including specially manufactured or fabricated items and components) supplied
by the CONTRACTOR for incorporation in the works , notwithstanding previous
inspection and/or testing thereof by or on behalf of the OWNER without rejection
or previous approval thereof by or on behalf of the OWNER and upon such
rejection the CONTRACTOR shall either perform such work or improvement
thereon or in respect thereof as shall be necessary to bring the material, item or
component to the requisite standard, or shall if so required by the Engineer-in-
Charge (whose decision in this behalf shall be final), remove the rejected
material/item/component from the job site within the time specified by the
Engineer–in-Charge and replace it at his own cost and expense (without
additional remuneration or compensation in respect thereof) with material
(s)/item(s)/component(s) approved by the Engineer-in-Charge.
29.15 Should the CONTRACTOR commit a breach of its obligations under Clauses
29.11.1 or Clause 29.12 or Clause 29.14 hereof, the CONTRACTOR shall be
deemed to be in breach of contract within the provisions of Clause 40.1 hereof
with regard to termination of Contract, and the provisions of the said Clause and
associated provisions thereunder shall apply to such breach.
29.16 Notwithstanding anything provided in the foregoing clauses hereof and
notwithstanding that the OWNER and/or its representative or any agency
appointed by the OWNER has inspected, tested and/or approved any raw
material intended to be incorporated in any material(s) to be supplied pursuant to
the Scope of Supply and/or has inspected, tested and/or approved any such
material(s), the CONTRACTOR shall be and remain fully responsible under the
Contract for and in relation to specification fulfillments and performance
guarantees. The said inspection, tests and related procedures are intended only
for the OWNER’S satisfaction that prima facie the raw material and/or material(s),
as the case may be, intended for incorporation and/or supply under the Contract,
are in order.
30.0 INSPECTION AND TESTING OF WORKS
30.1 The CONTRACTOR shall at all times ensure highest standards of workmanship
relative to the work to the satisfaction of the Engineer-in-Charge. The Engineer-

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in-Charge shall have the power to inspect or cause to be inspected the works in
all respects at any and all times upto completion of the works, as also, to test or
to instruct the CONTRACTOR to test the works or any structure, material or
component thereof at the risk and cost of the CONTRACTOR, either by the
CONTRACTOR or by any agency(ies) nominated by the Engineer-in-Charge in
this behalf.
30.1.1 The CONTRACTOR shall provide all facilities, instruments, material, labour and
equipment required for testing the work (including checking the setting out of the
works) and shall afford the Engineer-in-Charge all assistance necessary to
conduct or have conducted the inspection and tests.
30.1.2 The CONTRACTOR shall also provide and keep at all times during the progress
of the work and maintenance period, proper means of access to the works and
every part thereof by means of ladders, gangways etc. And the necessary
attendants to move and setup the same as directed by the Engineer-in-Charge
for inspection or measurement of the works.
30.2 On no account shall the CONTRACTOR proceed with cover up or otherwise
place beyond reach of inspection, test or measurement any work before
necessary inspection entries are filled in the Site Inspection Register by the
Engineer-in-Charge or his authorised representative. Should the CONTRACTOR
do so, the same shall be uncovered at CONTRACTOR’S risk and expense for
carrying out of the inspection, test and/or measurement.
30.3 Should the CONTRACTOR fail to comply with any provisions foregoing relative to
inspection and/or testing of the works, the Engineer-in-Charge shall in his
absolute discretion been titled to remove, dismantle and/or uncover, as the case
may be, at the risk and cost of the CONTRACTOR, such cover-up thereof
installed, erected or put up by the CONTRACTOR and to conduct or have
conducted the test(s) and/or examination at the risk and cost of the
CONTRACTOR. In such event the CONTRACTOR shall also bear the risk and
cost of the replacement, re installation or re-erection of the concerned work(s) or
part thereof, as case maybe.
30.4 Notwithstanding anything provided in the foregoing clauses hereof, the
CONTRACTOR shall be and remain liable at his own cost and initiative to
conduct all tests at all relevant times during performance, erection and
installation of any work(s), as shall be required in terms of the contract
documents or the codes, standards or practices referred to therein, or as
reasonably required by the Engineer–in-Charge, such tests to be conducted
through agency(ies) or Laboratory(ies) specified or approved by the Engineer in-
Charge in this behalf
30.5 Should the Engineer-in-Charge on inspection or test be not satisfied with the
quality or workmanship of any work(s), or any part thereof (the decision of the
Engineer-in-Charge being final in this behalf), the CONTRACTOR shall
reperform, replace, re-install and/or re- erect, as the case may be, such work(s)
or part as the case may be and no such rejected work(s) or part shall be used or
reused with reference to the works except with the prior permission of the

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Engineer-in-Charge and the provisions of Clause 30.7 hereof shall apply to


default by the CONTRACTOR of the provisions of this clause.
30.6 Notwithstanding anything provided on foregoing clauses hereof and
notwithstanding that the Engineer-in-Charge and/or his representative has
inspected, tested and/or approved any particular work(s) or structure or part
thereof, such inspection, test or approval shall not absolve CONTRACTOR of his
full responsibility under the contract inclusive of and relative to specification
fulfilments and performance guarantees. The said inspection and test
procedure is intended basically to satisfy the OWNER that prima facie the
work(s) done and/or structure or system installed is/are in order.
30.7 Should the CONTRACTOR fail to re-perform, replace, reinstall and/or re-erect,
as the case may be, any work(s) or structure, or part there of rejected or found
defective in terms of clause 30.5 hereof within such period as the OWNER or
Engineer-in-Charge may specify by written notice to the CONTRACTOR in this
behalf, without prejudice to the rights of the Engineer-in- Charge under Clause
24.3 and Clause 24.4 thereof, the CONTRACTOR shall be deemed to be in
breach of contract within the provisions of clause 40.1 hereof with regard to
termination of Contract and the provision of the said clause and associated
provisions there under shall apply to such breach, and the OWNER shall be
entitled (without prejudice to any other right or remedy available to the OWNER)
upon expiry of the period specified in said notice, to demolish and/or remove the
rejected/defective work(s) and/or structure, or part thereof and to re-perform,
replace, re-install and/or re-erect, as the case may be, the same by itself or
through other agency or CONTRACTOR at the risks and cost of the
CONTRACTOR in all respects, and to recover the costs incurred by the OWNER
in this behalf together with a supervision charge of 15% (Fifteen percent) thereon
admissible to the OWNER, and the OWNER shall be entitled (without prejudice
to any other mode of recovery) to deduct the same from the Running
Account/Final Bill(s) of the CONTRACTOR or any monies becoming due to the
CONTRACTOR from time to time and the decision of the Engineer-in-charge as
to the cost incurred by the OWNER as aforesaid shall be final and binding upon
the CONTRACTOR.
31.0 TESTS, COMMISSIONING AND POSSESSION OF WORKS
31.1 As soon as the works at any Site have been completed in all respects to the
satisfaction of the Engineer-in-Charge, and prior to the start-up of the UNIT, Final
Tests of the different equipments, sub-systems, and systems comprised in the
works/UNIT shall be undertaken by the CONTRACTOR at the risks and costs of
the CONTRACTOR in the presence of the Engineer-in-Charge or his authorised
representative. The OWNER may at its discretion permit Final Tests, piece-meal
in respect of particular part(s) or section(s) or group(s) of the works.
31.1.1 As soon as all the Final Tests have been completed in all respects to the
satisfaction of the Engineer-in-Charge, pre-commissioning & startup of the
complete system, plant(s), equipment(s), vessels and machinery, and associated
systems or the UNIT, as the case may be shall be undertaken by the
CONTRACTOR at the risk and cost of the CONTRACTOR under the overall

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supervision of the Engineer-in-Charge or his authorised representative and/or of


the Process Licensor.
31.2 Upon satisfactory completion of the Final Tests in respect of all plant, machinery,
equipment, sub-systems and systems constituting the works/UNIT and
Mechanical Completion of the UNIT to the satisfaction of the OWNER, the
Engineer-in-Charge shall prepare a Mechanical Completion Certificate or Final
Test Certificate which shall certify the date on which Final Tests in respect of
various plant, machines, equipment, sub-systems and systems have been
successfully completed and the date of Mechanical Completion of the UNIT.
31.3 Following Mechanical Completion of the UNIT to the satisfaction of the OWNER
the CONTRACTOR shall, as soon as feasible, commission the UNIT in so far as
the Scope of Contract comprises of a UNIT, in accordance with the contractual
requirements.
31.4 Once the UNIT has been successfully commissioned to the satisfaction of
OWNER, Engineer-In-Charge shall issue a Commissioning Certificate to
CONTRACTOR which will set out the date of successful commissioning of the
UNIT solely in order to facilitate the CONTRACTOR to claim the milestone
payment against Commissioning and to fix the Defect Liability Period. The issue
of the Commissioning Certificate to CONTRACTOR shall not, however relieve
the CONTRACTOR of any obligations, which CONTRACTOR has to perform
until issue of the Performance Test Certificate as per the Contract. Subsequent to
successful commissioning of the UNIT, and after the operation of the UNIT has
been stabilized, the CONTRACTOR shall undertake Performance Tests for the
UNIT to establish that the UNIT performs according to the contractual
requirements. Such Performance Tests will be undertaken by the
CONTRACTOR at the risks and costs of the CONTRACTOR under the overall
supervision of the Engineer-in-Charge or his authorised representative and/or of
the Process Licensor.
31.5 On successful completion of the activities related to Performance Tests to the
satisfaction of the OWNER, the Engineer-in-Charge shall issue a separate
Performance Certificate to the CONTRACTOR, which will set out the date of
successful completion of the Performance Tests of the UNIT.
31.5.1 On completion of all jobs in all respects to the satisfaction of the OWNER, the
Engineer-in-Charge shall issue a Completion Certificate to the CONTRACTOR,
which will set out the date of successful Completion of the Scope of Work under
the Contract
31.6 If within the scope of work, the Contractor is required to load the Catalyst into the
UNIT, such loading shall include within its scope the handling and removal of the
catalyst from the OWNER’s godown or warehouse, located within the Refinery,
where the Catalyst is stored, its transportation to the job site, opening of packing
or containers in which the catalyst is loaded, loading of the catalyst in
accordance with the specifications and/or instructions of the Licensor and/or the
Engineer-in-Charge, and return of empties to the OWNER’s designated
warehouse. Loading of the catalyst shall be part of Mechanical Completion of
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31.7 As and from the date of issue of Performance Test Certificate, the OWNER shall
be deemed to have taken over the work(s) as mentioned in the Performance
Test Certificate but without prejudice to CONTRACTOR’s liability under clause
32.4 hereof. In respect of works where Commissioning is in the CONTRACTOR’s
scope and Performance Test is not in the CONTRACTOR’s scope, the OWNER
shall be deemed to have taken over the works as and from the date of successful
commissioning of the works and stated in the Commissioning Certificate, but
without prejudice to the CONTRACTOR’s liability under Clause 32.4 hereof. In
respect of works which are not required to be commissioned by the
CONTRACTOR, the OWNER shall be deemed to have taken over the works as
and from the date of successful completion of the final tests and stated in the
Final Test Certificate, but without prejudice to the CONTRACTOR’s liability under
Clause 32.4 hereof.
31.8 If during Final Tests and/or pre-commissioning, startup, commissioning and/or
Performance Tests or at any time prior thereto, any defect(s) in the design or in
any work performed or structure erected or component installed or in any
installation or erection(s) or material(s) incorporated in the works is/are noticed,
the CONTRACTOR shall forthwith within the scope of the work remove and/or
demolish the same and re-perform, replace, re-install and re-erect the same and
otherwise do and provide whatever is necessary to be done to correct, repair
and/or rectify the defect(s) to the satisfaction of the Engineer-in-Charge, and if
the defect(s) be discovered during Final Tests or commissioning or
Performance Tests, the CONTRACTOR shall thereafter repeat the Final Tests
or commissioning or Performance Tests or such of them as may be required
to be repeated, and so on until successful conclusion of Final Tests,
commissioning of the total system without defect, and/or successful completion
of the Performance Tests. Any and all lubricants, consumables and spares
required for commissioning the UNIT and to undertake the Performance Tests
shall be provided by the CONTRACTOR within the scope of supply.
31.8.1 Should the CONTRACTOR fail to correct, repair or rectify any defects as
aforesaid, the provision of Clause 30.7 hereof shall mutatis mutandis apply as for
defects under Clause 30.5.
31.9 Notwithstanding anything provided in Clause 31.7, Clause 31.8 and Clause
31.8.1 hereof, the OWNER shall be entitled without prejudice to any other rights
of the OWNER or liabilities of the CONTRACTOR under the foregoing provisions
hereof or otherwise under the Contract, including the rights of the OWNER under
clause 23.7 hereof and associated clause thereunder and clause 40.1 hereof
and associated clauses thereunder:
I. If by reason of any default on the part of the CONTRACTOR a
Commissioning Certificate and/or Performance Test Certificate has not
been issued in respect of the entire works within 4 (Four) weeks after the
date fixed for completion of the entire works in the Progress Schedule(s),
to take over and use any portion of works in respect of which
Commissioning Certificate and/or Performance Test Certificate has not
been issued, with or without affording the CONTRACTOR further

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opportunity for completing the work for issue of the Commissioning


Certificate and/or Performance Test Certificate.
II. At any time during the progress of the works, notwithstanding that time for
the completion of the entire works or concerned part, portion or section
thereof according to the Progress Schedule(s) shall not have expired, to
take over and/or use for any purpose the incomplete or partially completed
works/UNIT or any part or portion or section thereof, as the case may be ,
and give the CONTRACTOR an opportunity for completing the work or
relative part or portion or section thereof, as the case maybe, within the
time for completion permitted there for under the Progress Schedule and if
in the opinion of the CONTRACTOR, such taking over and/or use shall
require an extension of time for completion, the provision of Clause 23.6.6
hereof and associated clauses thereunder relating to extension of time
shall apply.
Provided always that takeover, possession or use of the works/UNIT or
any part or portion or section thereof by the OWNER within the provisions
of item (i) and/or item (ii) above shall not be deemed to be an acceptance
of work or relative part or portion or section thereof by the OWNER or
relieve the CONTRACTOR of his full obligations in respect thereof under
the Contract.
31.10 The CONTRACTOR shall be deemed to have successfully commissioned the
UNIT contracted for when the following conditions are satisfied:
I. The UNIT and all its components/facilities have been successfully tested
after installation at site individually and as a whole and Final Test Certificate
shall have been issued in respect thereof.
II. The UNIT is successfully commissioned by continuous and stabilised
operation upto full capacity for a continuous period of not less than 7 (seven)
days.
III. Deleted.
IV. The Engineer-in-Charge shall have issued a Commissioning Certificate in
respect of the UNIT.
32.0 COMPLETION CERTIFICATE
32.1 After the final tests have been successfully completed in respect of all the works
envisaged in the contract, or after the UNIT has been Mechanically completed,
as the case may be, the CONTRACTOR shall clear the job site of all scaffolding,
wiring, pipes, surplus materials, CONTRACTOR’s labour, equipment and
machinery and shall demolish, dismantle and remove all CONTRACTOR’s site
offices and quarters and other temporary works, structure and constructions and
other items and things whatsoever brought up on or erected at the job site or on
any land allotted to the CONTRACTOR by the OWNER and not incorporated in
the permanent works and shall remove all rubbish from the job site and the land
allotted to the CONTRACTOR and shall clear, level and dress the job site and
said land to the satisfaction of the Engineer-in-Charge and shall put the OWNER
in undisputed custody and possession of the job site and all land allotted by the

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OWNER to the CONTRACTOR and unless the CONTRACTOR shall have


fulfilled the provisions of the clause, the works shall not be deemed to have been
completed.
32.2 Upon the satisfactory fulfilment by the CONTRACTOR of the provisions of
Clause 32.1 hereof, the CONTRACTOR shall be entitled to apply to the
Engineer-in-Charge, for a Completion Certificate in respect of the entire work or
work at any job site, as the case may be, upon submission of the following
documents:
I. The Technical Documents according to which the work was carried out.
II. Complete set of working drawings showing therein corrections and
modifications (if any) made during the course of execution of the works,
signed by the Engineer-in-Charge.
III. Statement of final levels asset for various works, signed by the Engineer-in-
Charge.
IV. Final Test Certificate issued by the Engineer-in-Charge (if commissioning is
not within the CONTRACTOR’s scope of the work with respect to which the
Final Test Certificate has been issued) and Commissioning Certificate (if
Performance Tests are not within the CONTRACTOR’s scope of work) and
a Commissioning Certificate and a Performance Test Certificate (if
Performance Tests are within the CONTRACTOR’s scope of work) issued
by the Engineer-in-Charge.
V. Confirmation of Engineer-in-Charge of satisfactory fulfilment of the
provisions of the Clause 32.1 hereof.
VI. Item-wise list of surplus materials including the quantity & estimated value
of each surplus item (out of the materials issued by the OWNER or brought
at site by the CONTRACTOR) returned to the OWNER’s Store or otherwise
disposed of, duly signed by the Engineer-in-Charge.
VII. Materials-at-site accounting for OWNER- supplied materials, signed by the
Engineer-in- Charge.
VIII. Discharge in respect of OWNER-supplied equipment and machinery, signed
by the Engineer-in-Charge, and
IX. Declaration by the CONTRACTOR that he has duly cleared any and all of
the dues payable by him to his Labour/Piece rate workers (PRWs), Sub-
Contractors, Suppliers, Vendors, Income Tax, GST and Customs,
Provident fund, ESI and royalties, if any , as applicable to the Scope of
Work under the Contract.”
X. Proof of payment in full of the cess payable under the Building and other
Construction Workers’ Welfare Cess Act, 1996.
32.3 If the Engineer-in-Charge is satisfied of the completeness in all respects of all
documents specified in Clause 32.2 and of proper reconciliation and accounting
of all materials the Engineer-in-Charge shall, within 1 (One) month of receipt of
the application for the Completion Certificate, issue a Completion Certificate in
respect of the works for which the Completion Certificate has been applied. If the
CONTRACTOR cannot produce to the satisfaction of the Engineer-in-Charge,

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the statement of reconciliation or other explanation of issues, utilisation and


balance of materials, the Engineer-in-Charge shall (after taking into account
irrecoverable losses, if any, determined to be reasonable by Engineer-in-
Charge) debit the CONTRACTOR the reasonable cost of such material
plus15%(Fifteen percent) thereof under the provision of item (x) of clause 14.1
here of and issue the Completion Certificate subject thereto. The decision of the
Engineer-in-Charge as to the acceptability of the material reconciliation furnished
by the CONTRACTOR and as to the irrecoverable losses, if any, permissible
shall be final and binding upon the CONTRACTOR.
32.3.1 The issue of a Completion Certificate shall be without prejudice to the
OWNER’s rights and CONTRACTOR’s liabilities under the Contract, including
the CONTRACTOR’s liability for the defect liability period under clause 33.1
hereof nor shall the issue of a Completion Certificate in respect of the works be
construed as a waiver of any right or claim of the OWNER against the
CONTRACTOR in respect of works or any of them.
32.4 Up to and until issue of the Completion Certificate as provided for herein above
in respect of the works, the work(s) and all materials incorporated therein shall
be and remain at the risks of the CONTRACTOR in all respects, including (but
not limited to) accident, lightning, earth- quake, fire, storm, flood, tempest, riot,
civil commotion and/or war.
32.5 Without limiting his obligations and liabilities under Clause 32.4 hereof, the
CONTRACTOR shall takeout erection insurance and/or other suitable insurance
and at all times from the commencement of the work keep insured for full value
the works in progress and completed works in the joint names of the OWNER
and the CONTRACTOR against loss or damage from whatsoever causes arising,
including the risks specified below, in a manner that the OWNER and the
CONTRACTOR are covered during the period of construction of the works and
are also covered during the defect Liability Period for loss or damage arising from
any cause occurring prior to the commencement of the Defect Liability Period
and for any loss or damage occasioned by the CONTRACTOR in the course of
any operation carried out by it for the purposes of complying with its obligation
under clause 33.1 hereof. Such insurance(s) shall be effected with an insurer(s)
and in terms approved by the OWNER (which approval shall not be unreasonably
withheld) and the CONTRACTOR shall whenever required produce to the
Engineer-in-Charge or his representative, the policy or policies of insurance and
the receipt for payment of the current premium(s) PROVIDED THAT the OWNER
shall, at the CONTRACTOR’s cost, insure under the Emergency Risk Insurance
Law as applicable in India from time to time, the OWNER’s works covered under
this contract as insurable under the said law.
The policy(ies) of insurance aforesaid shall stipulate exclusive rights in the
OWNER to receive all monies due in respect of such policy(ies), and the
OWNER shall exclusively be entitled to receive all monies payable under said
policy (ies). In default by the CONTRACTOR to effect or maintain insurance as
aforesaid, the Owner shall be entitled (but without obligation to do so) to take
out/or pay the premium for any such policy (ies) and deduct the premium(s) and

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other costs and expenses incurred in this behalf by the Owner from the monies
for the time due or payable or becoming due or payable to the Contractor.
PROVIDED ALWAYS THAT:
(i) Notwithstanding anything herein provided, the CONTRACTOR shall be and
remain solely and exclusively liable to repair, restore or replace, as the case
may be, works (including the materials therein incorporated) damaged or
destroyed as a result of any force majeure or other act or omission,
notwithstanding the existence or otherwise of any policy(ies) of insurance
aforesaid, with the intent that any policy(ies) of insurance aforesaid taken
out by the CONTRACTOR or by the OWNER on default by the
CONTRACTOR, shall not anywise absolve the CONTRACTOR from his full
liability under Clause 32.4 hereof or otherwise but shall constitute merely an
additional security and not a substitution of liability.
(ii) It shall be the exclusive responsibility of the CONTRACTOR to lodge and
pursue any or all claims in respect of the insurance aforesaid.
(iii) The CONTRACTOR shall, as a condition to the certification of any Running
Account Bill, satisfy the OWNER/ Engineer-in-Charge of the existence of
one or more policy(ies) of insurance covering the materials as specified
herein. The policy(ies) of insurance aforesaid shall cover all insurable risks
including but not limited to any loss or damage in handling at storage point,
transit from storage point, storage at job site and during erection and upto
issue of Completion Certificate against theft, pilferage, riot, civil commotion,
force majeure (including earth quake, flood, storm, cyclone, tidal wave,
lightening and other adverse weather conditions), accidents of kinds, fire,
war risks and explosion.
Notwithstanding anything herein provided the Provisions of clause No. 65.0
shall also be applicable.
32.6 APPLICATION OF PROCEEDS OF INSURANCE
(a) Proceeds of any policy(ies) of insurance received by the OWNER pursuant
to Clause 14.1(vii) or Clause 32.5 hereof shall be utilized at the sole
discretion of the OWNER either for payment to the CONTRACTOR for
repair, restoration or replacement, as the case may be, of the relative
materials or works, or to meet the costs of repair, restoration or
replacement in the event of the CONTRACTOR refusing or failing or
neglecting to undertake such repair, restoration and/or replacement, as the
case may be, without prejudice to any other right or remedy available to the
OWNER in respect of such default, failure or neglect.
(b) If the CONTRACTOR repairs, restores or replaces, as the case may be, the
lost, damaged or destroyed materials or works affected to the satisfaction of
the OWNER, the CONTRACTOR shall be entitled to the disbursement by
the OWNER of the full monies received by the OWNER under the relative
policy(ies) of insurance with respect to such materials or works repaired,
restored or replaced, as the case may be, by the CONTRACTOR.

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33.0 DEFECT LIABILITY PERIOD AND LATENT DEFECTS


The Provisions under Clause 5.n of General Terms and Conditions of Contract–
Defects Liability stands replaced by below clause
33.1 The primary Defect Liability Period for the complete works/Unit(s) shall be 12
(twelve) months from the date of the issue of the Commissioning Certificate or
8000 hours of run, whichever shall be earlier, provided that if the Unit(s) cannot
be commissioned for a cause solely attributable to the OWNER within 12 (twelve)
months from the Mechanical Completion, the primary Defect Liability Period shall
be 18 (Eighteen) months from the date of Mechanical Completion.
Notwithstanding the expiry of the primary Defect Liability Period aforesaid, the
CONTRACTOR shall be and remain liable:
(i) To correct and/or rectify or replace, as the case may be, the defective
works or materials with respect to which a greater defect liability period than
as stated above has been specified in any of the Contract Documents, for
the entirety of the period so specified; and
(ii) To pass on to the OWNER the benefit(s) of any or all warranties or
guarantees which may be available to the CONTRACTOR from its vendors
in respect of materials or parts or components thereof which enure(s) for a
period in excess of the primary Defect Liability Period specified above.
33.2 The CONTRACTOR shall at its own cost and initiative, within the scope of work,
correct, repair and/or rectify to the satisfaction of the OWNER/Engineer in-
Charge any and all defects and/or imperfections in the design of the work and/or
in the works performed and/or systems, materials (including plant, equipment and
machinery) incorporated therein as shall be discovered during the said defect
liability period and if it be not possible to correct, repair and/or rectify any
defective works and/or system(s), incorporated therein, the CONTRACTOR shall
at his own cost and initiative replace and/or re-install the defective works,
system(s) and/or materials and shall, insofar as necessary for the purpose, at his
own cost and initiative re-perform in whole or in part the relative and/or any
associated works to the satisfaction of the OWNER/Engineer-in-Charge, and
shall within the scope of supply, supply any and all materials required to correct,
repair and/or rectify the defect and/or imperfections and/or to replace or re-install
the defective works.
33.2.1 The responsibility under Clause 33.1 (i) hereof shall, without prejudice to the
foregoing, include the responsibility on the part of the CONTRACTOR at his own
cost and initiative (and without cost to the OWNER), to provide and furnish, within
the scope of work, all labour, equipment, crafts and inputs, whatsoever required
in and relative to the correction, repair, rectification, replacement, installation
and/or re-performance of the relative work(s) and/or system(s), and to supply
within the scope of supply, all materials and other items to be incorporated
therein including, without prejudice to the generality of the foregoing, the supply
by the CONTRACTOR of all materials.
33.3 The defect liability period for any works re-performed and/or systems, materials,
components or other items supplied and incorporated therein pursuant to the
obligations of the CONTRACTOR under Clause 33.1 shall be 12 (Twelve)

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months from the date of correction, repair, rectification, replacement and/or re-
installation thereof, as the case may be, with the intent that the provisions of
Clause 33.2 hereof and associated provisions thereunder shall apply thereto in
respect of all defects discovered during a period of 12 (Twelve) months from the
date of completion of the relative correction, repair, rectification, replacement
and/or re- installation, as the case may be, in the same manner and to the same
extent as applicable in respect of the original works. For the purpose of
clarification, it is stated that such extended defect liability period shall be
applicable only to the particular work, system, material, component or other
item corrected, repaired rectified, replaced, re-performed or re-installed, as the
case may be (example: if the bearings of an equipment are replaced, the
extended defect liability shall be applicable only with respect to the bearings,
while the basic defect liability period shall be applicable to the relative
equipment).
33.4 Should the CONTRACTOR fail to fulfil his obligations under Clause 33.1, 33.2
and / or 33.3 and associated clauses there under, the provisions of Clause 30.7
hereof shall mutatis mutandis apply.
33.5 In fulfilment of the CONTRACTOR’s obligations relative to defects, the
CONTRACTOR shall so arrange the working as to cause the least inconvenience
to the OWNER in operating the UNIT and/or avoid shut-downs thereof except
during the periods of planned shut-down or idleness in the course of normal
operation of the system (s).
34.0 CONTRACTOR’S GUARANTEES
34.1 The guarantees herein set forth are without prejudice and in addition to any other
guarantees or liabilities of the CONTRACTOR. The CONTRACTOR guarantees
and undertakes that:
34.2 GENERAL
(i) The UNIT designed, supplied and installed and/or erected by the
CONTRACTOR shall on operation under local conditions when operated
under the specified operating conditions operate to the desired capacity to
produce the desired product(s) of desired purity(ies) and quantity(ies) at
desired economy(ies). Excluded from the scope of this guarantee are
defects and shortcomings arising wholly out of defects in design(s)
furnished by a Process Licensor other than CONTRACTOR.
(ii) The materials supplied and incorporated in the UNIT including plant and
machinery and instruments shall be of good quality and workmanship and
shall conform in all respects to the specifications and the provisions of the
Contract.
(iii) The work performed pursuant to the Contract including civil and associated
work shall be of good quality and workmanship and shall conform in all
respect to the specifications and the provisions of the Contract.
(iv) The plant, machinery and systems incorporated in the UNIT shall be so
designed and arranged that even after the expiry of the said 2 (Two) years
period, the spares, spare parts and/or suitable replacement parts shall be

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and remain available at reasonable cost to enable trouble free operation of


the UNIT for its reasonable life expectancy.
34.3 ENGINEERING GUARANTEE
34.3.1 Since residual process design and detailed engineering (including Hazop &
Hazanas specified) is within the CONTRACTOR’s scope and the work shall be
executed and UNIT established based on the engineering performed, it shall be
the prime responsibility of the CONTRACTOR to carry out such design and
engineering in accordance with good and sound engineering practices.
34.3.2 In case any error or omission in design or engineering within the
CONTRACTOR’s scope i.e. the residual process design or detailed engineering
(including Hazop & Hazan) requires re- engineering which results in any new
requirements for equipment/materials, the same shall be supplied and re-
engineering shall be carried by the CONTRACTOR within the scope of relative
Work and/or supply and within the contractual period without extra cost to
the OWNER or entitlement of extension of time to the CONTRACTOR.
34.3.3 The CONTRACTOR shall guarantee that the system design for the UNIT/PLANT
shall meet and comply with the OWNER’s requirements and :
• the equipment approved and/ or selected
• the Site Criteria
• the Engineering specifications, standards and design guides and codes the
Front End Engineering Design(FEED) as mentioned in Bidding Document
34.3.4 The Contractor shall check and satisfy itself the Front End Engineering Data
(FEED) for any discrepancy, deficiency and with regard to completeness to meet
CONTRACTOR’S proposed guarantee and in case of any discrepancy,
deficiency or incompleteness, Contractor shall inform the OWNER/Consultant
immediately for further action.
The Contractor, if required, shall carry out corrective technical studies and
engineering based on action suggested by OWNER/Consultant as may be
required without any extra cost to OWNER”.
34.4 WORKMANSHIP GUARANTEE
34.4.1 Workmanship for manufacture and construction shall be carried out in
accordance with the requirements of the Contract and the codes and standards
and practices therein specified. Any defective material supplied or defective
works done, shall be made good and shall, if so required by the OWNER or the
Engineer-in-Charge, be replaced by new materials within the relative scope of
Work and/or supply without any additional cost to Owner.
34.4.2 The CONTRACTOR accepts full responsibility for the quality and correctness of
all materials (including plant and equipments and all components/parts) and
Works within the CONTRACTOR’s scope of supply and/or scope of work
including but not limited to :
a. Selection of materials;
b. Material specifications and metallurgy;
c. Work specifications;

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d. Fabrication/manufacturing workmanship
e. Engagement of experienced, reliable and qualified suppliers, engineers
and/or sub- Contractors.
34.5 PERFORMANCE GUARANTEE
34.5.1 The CONTRACTOR is not responsible for the process guarantees of the
LICENSOR. However, within and to the extent applicable to the scope of supply
& work, the CONTRACTOR shall be responsible for performance guarantees of
the UNIT in terms of product quality and design and rated capacities, including
turndown capacity and facilities/systems incorporated therein as well as for
guaranteed consumption of power. This guarantee shall cover the guaranteed
mechanical performance for each and every related equipment, their efficiencies
and their performance as laid down in the Process Package including guarantee
for power consumption. Equipment which does not perform to the guarantees
shall, in consultation with the OWNER/ Engineer-in-Charge either be replaced or
altered or repaired in parts or components or wholly (including dismantling,
transportation, erection, hook-up, commissioning etc.) within the relative scope of
supply and/or services at no extra cost to the OWNER and without entitlement of
extension of time to the CONTRACTOR. Although the CONTRACTOR is not
responsible for process guarantees, he shall carry all activities in collecting the
required data during Performance Tests or other process guarantee runs to
identify problems of non-performance, for further analysis and modifications
required to meet process performance parameters.
34.5.2 The CONTRACTOR shall select the equipment considering the economy of
power consumption and minimum effluent or pollution discharge.
34.5.3 All instruments required to establish performance are within the CONTRACTOR’s
scope of contract at no extra cost to the OWNER.
34.5.4 The CONTRACTOR shall provide a list of laboratory test procedures and
frequencies thereof required for validating the CONTRACTOR’s Performance
Guarantees.
34.5.5 Performance tests shall be started when the operation of the UNIT is stabilized
under design conditions. The UNIT shall be operated and controlled in
accordance with procedures setup beforehand. One or more performance tests
shall be carried out for a maximum of 120 hours under the technical direction of
OWNER/Licensor and/or their designated representatives after successfully
commissioning the UNIT in accordance with the procedures and conditions
detailed in the Bid documents. At the end of the performance tests, an
uninterrupted period of 72 hours shall be selected by OWNER/ Engineer-in-
Charge and average results obtained during that period shall form the basis of
comparison between the actual performance and the Guaranteed performance..

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34.5.6 (a) If on any testing, any material or equipment or the UNIT does not meet
the design, rated or guaranteed performance relative thereto, the
CONTRACTOR shall forthwith, within the CONTRACTOR’s scope of
Work and at no additional cost to the OWNER, undertake such additional
tests and/or operations as are necessary to identify the cause of such
failure. Such tests and/or operations shall be conducted in conjunction
with the Process Licensor, if the UNIT as a whole fails to meet the
Process Licensor’s process guarantees.
(b) If as a result of such tests and/or operations it is determined that the
design, rated and/or guaranteed outputs or capacities have not been met
because of a defect in any material(s) (including plant and equipments)
supplied by the CONTRACTOR, the CONTRACTOR shall forthwith in
consultation with the Engineer-in-Charge take steps necessary to cause
the defect to be identified and rectified, either by replacement of the
defective material, plant or equipment or part there of or by repair or
replacement thereof. After such repair/replacement is carried out, the
guarantee performance tests shall be repeated. The costs for such
repeated tests (including charges payable to the Process Licensor or any
other agency) shall be borne by the CONTRACTOR. The CONTRACTOR
shall forthwith establish a Time Schedule acceptable to the Engineer-in-
Charge for such replacement/rectification bearing in mind the exigencies
of the Project requirement. Should the CONTRACTOR fail to establish
such Time Schedule, the Engineer-in-Charge shall establish the Time
Schedule, and the Time Schedule so established shall be binding on the
CONTRACTOR.
(c) Should the CONTRACTOR thereafter fail to adhere to a Time Schedule
so established for the replacement/rectification, the OWNER may (but
without obligation to do so) takeover in whole or part such
replacement/rectification at the risk and cost of and as agent of the
CONTRACTOR. In so doing, the OWNER shall be entitled to identify and
employ through private negotiations, the quickest available resources of
supply and/or Work without resorting to the tender process or any other
form of competitive bidding.
34.6 COMMISSIONING
34.6.1 The CONTRACTOR shall be responsible to commission the UNIT and to prove
the CONTRACTOR’s performance guarantees with respect thereto. The
commissioning shall, to the extent necessary, be carried out under the
supervision of Licensor, Engineer-in-Charge and with the assistance of the
OWNER’s personnel. The CONTRACTOR shall, within his responsibilities for
and the scope of Commissioning the UNIT, train OWNER’s personnel at the site
of the UNIT in such number and for such period as the CONTRACTOR
considers reasonably necessary for Commissioning the PLANT.
34.6.2 It is envisaged that the UNIT will be commissioned within Time period for
Commissioning specified in Annexure-I to SCC, and the mobilisation and/or

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retention of the CONTRACTOR’s personnel until completion of Final Testing and


Commissioning shall be included within the Lumpsum Price of services. If,
however, for any reason not attributable to the CONTRACTOR the
Commissioning of the UNIT cannot be undertaken within 3 (three) months of
Mechanical Completion of the UNIT, the CONTRACTOR may, in consultation
with the OWNER, demobilise some or all of its personnel brought to or retained
at the site for the purpose of Commissioning. The CONTRACTOR shall re-
mobilise the required personnel on receipt of notice for Commissioning, and the
OWNER and the CONTRACTOR shall agree upon the reasonable cost to be
incurred by the CONTRACTOR for re-mobilisation of such personnel, which shall
be payable in addition to the price of services specified in the Contract, and this
additional amount shall be included within and form part of the Final Bill
of the CONTRACTOR.
34.6.3 In addition, within the CONTRACTOR’s responsibilities for Commissioning and
within the price of services, the CONTRACTOR shall be required to maintain
watch and ward of and ensure the safety and integrity of the UNIT until
successful completion of Commissioning and issue of Commissioning Certificate
for the UNIT. If Commissioning of the UNIT commences later than 3 (three)
months of Mechanical Completion of the UNIT for any reason not attributable to
the CONTRACTOR, the OWNER and the CONTRACTOR shall agree upon the
reasonable cost incurred for maintaining watch and ward and preservation and
insurance of the UNIT beyond the said 3 (three) months period and upto
commencement of Commissioning, which shall be payable to the
CONTRACTOR in addition to the price of services and this additional amount
shall be included within and form part of the Final Bill of the CONTRACTOR. If
the Commissioning of the UNIT is delayed beyond 6 (six) months of Mechanical
Completion of the UNIT, the OWNER and the CONTRACTOR shall work out the
modalities for the takeover of the UNIT by the OWNER without prejudice
to the CONTRACTOR’s obligation for and related to and consequent to
Commissioning.
34.6.4 As and when the UNIT is ready to be commissioned, the OWNER shall give the
CONTRACTOR notice of not less than 10 (Ten) days for Commissioning the
UNIT.
34.6.5 For pre-commissioning activities which starts after issuance of Format III upto
Format IV issuance, following utilities if required by CONTRACTOR shall be
made available to CONTRACTOR on a single point basis near the unit on
chargeable basis(Charges shall be as per the cost Per unit mention in BEDB Part
B).
· Steam at level either LP or MP based on availability
· Power at unit substation incomer
· Fuel Oil only for refractory dry out (if any), alkali boil out etc.
· Instrument Air only for the purpose of instrument operations
· Raw water only for the purposes of flushing(to be provided Free of Cost)

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The above utilities are provided to CONTRACTOR exclusively for pre


commissioning activities to get the system ready for commissioning.
CONTRACTOR shall judiciously use the utilities provided by OWNER for the
intended purposes only.
All the utilities which shall be made available to the bidder shall be required to be
metered at battery limit for which bidder is required to install proper metering
system etc. This shall be the pre-condition for making the utility available to the
CONTRACTOR at the time of pre-commissioning.
CONTRACTOR is required to provide firm plan of requirement of utilities
including detailed breakup of consumptions at least six months before start of
pre-commissioning activities i.e., approval of format-III. Utilities shall be made
available as per the requirement given by CONTRACTOR upon review by
Owner/PMC.
These utilities shall be made available only three months prior to mechanical
completion date (Format IV issuance – Ready for commissioning). Any utilities
before this period shall be arranged by CONTRACTOR at their own cost without
any implication to Owner. The OWNER will also make available its existing
facilities for handling and disposal of waste water during pre-commissioning.
The OWNER shall supply free of cost to the CONTRACTOR Steam, Power,
Plant air, Instrument air, LPG, Fuel Oil, Fuel Gas, flushing oil etc. and raw
materials (required for producing the final product), hydrogen, nitrogen (excluding
chemicals & lubricating oil in CONTRACTOR scope), required exclusively for
commissioning and Guarantee Performance Tests of the UNIT. The OWNER will
also make available its existing facilities for handling and disposal of waste water
during commissioning.
34.6.6 If Commissioning of the UNIT and/or the conduct of the Performance Test is
delayed beyond 6 (six) months from the date of Mechanical Completion of the
UNIT for reasons not attributable to the CONTRACTOR, the OWNER shall
(subject to such adjustments as permissible) release to the CONTRACTOR, the
undisputable balance payable on commissioning and Performance Tests
against the CONTRACTOR furnishing a Bank Guarantee from a Scheduled
Bank (Other than Cooperative banks) in India (including the Indian branch of a
foreign bank) acceptable to the OWNER in a form at prescribed by the OWNER
for an amount equivalent to the amount of the payment(s) to be released. The
validity of such Bank Guarantee(s) shall be initially for a period of 6 (six) months
and shall be extended for one further period of 6 (six) months. If the
commissioning and/or Performance Test cannot be conducted within such
extended period for reasons solely attributable to the OWNER, the Bank
Guarantee will be substituted by Corporate Guarantee of the CONTRACTOR
in a format acceptable to the OWNER. If however, the UNIT cannot be
commissioned within the said period for reason(s) attributable to the
CONTRACTOR or if commissioning and/or the Performance Test
conducted indicates that the UNIT does not perform to the contractual
specifications and requirements, then the Bank Guarantee(s) shall even after
the extension aforesaid continue to be extended upto and until successful

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commissioning and Performance Tests of the UNIT. In either event, the


OWNER will be entitled to encash the Bank Guarantee(s) if the Bank
Guarantee is not extended or substituted by an acceptable Corporate
Guarantee, as the case may be, at least 14 (Fourteen) days prior to the date of
expiry of Bank Guarantee(s).
34.7 GUARANTEE PERFORMANCE TESTS
34.7.1 For the purpose to demonstrate that the UNIT meets CONTRACTOR’s
contractual guarantees, one or more performance tests shall be carried out by
the CONTRACTOR under the technical direction of the Process Licensor, the
CONTRACTOR and the Engineer-in-Charge and/or their designated
representatives after commissioning the UNIT in accordance with the stipulated
and/or agreed procedures and conditions.
34.7.2 The Performance Tests shall be carried out in accordance with a detailed
technical programme to be drawn up by Engineer-in-Charge and the
CONTRACTOR in consultation with OWNER prior to the commencement of the
performance tests.
34.7.3 Within five days after completion of a performance test, all relevant operating and
production figures having any bearing on CONTRACTOR’s guarantees or in
connection therewith and actually achieved during the performance test
conducted shall be recorded in a protocol to be signed by authorised
representatives of OWNER and the CONTRACTOR.
34.7.4 The CONTRACTOR’s guarantees shall be deemed to have been met once all
guarantees have been established during one or more performance tests carried
out in respect of the UNIT.
34.8 SPARE PARTS
34.8.1 COMMISSIONING SPARES
The CONTRACTOR shall procure and supply all spare parts required during
commissioning of the UNIT and various systems. The price of supply shall be
deemed to be inclusive of the provision of all such commissioning spares
required till successful commissioning of the UNIT. The CONTRACTOR should
make available all the commissioning spares required at site at least 4 (four)
weeks prior to commissioning
34.8.2 MANDATORY SPARES
The CONTRACTOR shall within the Lumpsum Price supply all the mandatory
spares as specified elsewhere in Bidding Document required for the UNIT. The
handing over of the spares will be followed through ERP/ Computerised system
and the templates against individual category of items shall be duly filled in by the
CONTRACTOR including price for each item before handing over the mandatory
spares to OWNER. Methodology/Modalities to be followed for handing over of
spares as per ERP/ Computerised system shall be provided by OWNER during
Kick of Meeting.
34.8.3 OPERATION AND MAINTENANCE (O&M) SPARES

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a) In case any Operation and maintenance spares are required during defect
liability period the same shall be provided by the Contractor free of cost to
the Owner without any implication/tax liability to the Owner.
b) The CONTRACTOR shall, within 3 (three) months of finalisation of all the
suppliers by the CONTRACTOR, furnish to the OWNER the current price
list for O&M spares for 2 (two) years operation beyond the Defect Liability
Period as recommended by manufacturers of various equipment (other than
commissioning, mandatory and O&M spares required during the defect
liability period). Price lists of these spares are intended for information
purpose only shall not be included in quoted Lumpsum Price.
35.0 MEASUREMENTS, CERTIFYING INSPECTIONS AND PAYMENTS
35.1 CERTIFYING INSPECTIONS
All provisions herein after referred to in Clauses 35.2 in respect of measurement
shall mutatis mutandis apply to all inspections required to be made in order to
qualify the CONTRACTOR for any payment(s) under the Contract and any
reference in the said clauses to measurements shall, for the purpose of this
clause, be deemed to be a reference to certifying inspections and any reference
therein to the measurement book shall, for the purpose of this clause, be
deemed to be a reference to the certifying inspection book.
35.2 MEASUREMENT
Clause 7.a. of GTC stands replaced with following:
35.2.1 All measurements shall be in the metric system, and except where expressly
indicated to the contrary in the Contract, all measurements shall be taken in
accordance with the procedure set forth in the Contract documents
notwithstanding any provision(s) in the relative standard method of measurement
or any other general or local custom to the contrary.
35.2.2 All measurements shall be taken jointly by the Engineer-in-Charge or his
representative on the one hand and the CONTRACTOR or his representative on
the other hand, and the CONTRACTOR shall be bound to present himself or his
authorised representative for measurement(s) whenever so required by the
Engineer-in-Charge or his designated representative, and shall remain present
throughout the time required for joint measurements.
35.2.3 If the CONTRACTOR absents himself for any reason whatsoever on any date
appointed for joint measurements, the joint measurements shall be taken by the
Engineer-in-Charge or his representative in the absence of the CONTRACTOR
and such measurements signed by the Engineer-in-Charge or his representative
shall be final and binding upon the CONTRACTOR. Such a measurement shall
not be questioned by the Contractor and no dispute can be raised by the
Contractor for purpose of Arbitration.
35.2.4 Measurements shall be signed and dated on each page by the
CONTRACTOR/CONTRACTOR’s representative and Engineer-in-Charge or his
representative. If the CONTRACTOR objects to any of the measurements
recorded, including the mode of measurement, such objection shall be noted in
the Measurement Book/Sheet against the item objected to and such note shall be

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signed by the CONTRACTOR/CONTRACTOR’s representative and Engineer-in-


Charge or his representative. In the absence of any noted objections as
aforesaid, the CONTRACTOR shall be deemed to have accepted the relative
measurements as entered in the Measurement Book/ Sheets and shall be barred
from making or recording any objection in respect of the measurements recorded
in the Measurement Book/Sheets.
35.2.5 All measurement(s) relative to which any objection have been noted in the
Measurement Book/Sheet shall be submitted to the Engineer-in-Charge for his
decision, and the decision of the Engineer-in-Charge relative thereto (whether on
the correct measurement to be adopted or on the mode of measurement to be
adopted) shall be final and binding upon the CONTRACTOR.
35.3 FINAL BILL
35.3.1 On the basis of the Lumpsum Price provided in the Contract, the CONTRACTOR
shall prepare a Final Bill in the prescribed form with reference to the total
supplies covered by the scope of supplies and shall prepare a separate Final Bill
with reference to the total services covered by the scope of services. Such Bill
shall be prepared by applying the price of materials specified in FORM SP-2 of
the Price Schedule in respect of supplies broken up with respect to the
indigenous materials and with respect to imported materials (including plant,
parts and components) in accordance with the break-up of the Price of Materials
given in FORM SP-2 of the Price Schedule and the various formats thereunder,
and by applying the price of services specified in FORM SP-1, SP-3 of the Price
Schedule in respect of works/services broken up with respect to the various
heads of services/works in accordance with the break- up of the Price of services
given in FORM SP-1, SP-3 of the Price Schedule and the various formats
thereunder. Additions claimed to the Lumpsum Price or reductions therefrom
resultant upon any Change Order(s) shall be separately indicated in the Final Bill
with reference to the relative Change Orders(s).
35.3.2 The Final Bill shall, in addition to the payment entitlements arrived at according to
the provisions of Clause 35.3.1 hereof separately state and include therein all
claims of the CONTRACTOR as provided for in Clause36.3 hereof.
35.3.3 The Final Bill drawn in accordance with Clause 35.3.1 shall be submitted
together with the Completion Certificate to the Engineer-in-Charge for
certification, who shall certify the Final Bill, if drawn in accordance with Clause
35.3.1. After certification of the Engineer-in-Charge, the Final Bill shall be
submitted in quadruplicate (or in such other number of copies as the OWNER
may prescribe) accompanied by the Completion Certificate to the OWNER for
payment.
35.3.4 All monies payable under the Contract for works to be performed and materials
to be supplied upto and including successful completion and final tests and
commissioning of the system and performance tests shall become due and
payable to the CONTRACTOR as per terms of payment (Annexure-X to SCC).
The Final Bill s h a l l b e prepared in accordance with the provisions of Clause
35.3.1 hereof and associated provisions thereunder accompanied by the
Completion Certificate in respect of the works.

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35.3.5 Payments of the amount(s) due on the Final Bill to the extent certified by the
Engineer-in- Charge, shall be made within12(Twelve) weeks from the due date
as specified in Clause 35.3.4 hereof, subject to the deductions provided in
Clause 35.3.5.1.
35.3.5.1 All payments due to the CONTRACTOR on the Final Bill shall be subject to
deduction of “on- account” payments and other amounts due from
CONTRACTOR to the OWNER, tax deductions as provided for in Clause 35.6.2
and associated clauses thereunder, and any other deduction provided for herein
or agreed to between the parties or required to be made under any law, rule or
regulation having the force of law for the time being applicable, or elsewhere
provided for in the Contract documents.
35.4 PRICE SCHEDULE/ SCHEDULE OF PRICES
35.4.1 The remuneration determined due to the CONTRACTOR as provided for in
Clause 35.3.1 hereof shall constitute the entirety of the remuneration and
entitlement of the CONTRACTOR in respect of the work under the Contract, and
no further or other payment whatsoever shall be or become due or payable to the
CONTRACTOR under the Contract.
35.4.2 Without prejudice to the generality of the provisions of Clause 35.4.1 hereof, the
Price Schedule and Lumpsum Price shall be deemed to include and cover
(unless otherwise expressly specified to the contrary in any contract
document(s)):
35.4.2.1 All costs, expenses, outgoings and liabilities of every nature and description
whatsoever and all risks whatsoever (foreseen or unforeseen, including force
majeure) to be taken or which may occur in or relative to execution, completion,
testing, commissioning and/or handing over the works to the OWNER and/or
in or relative to acquisition, loading, unloading, transportation, storing,
working upon, using, converting fabricating, or erecting any item, equipment,
system, material or component in or relative to the works, and the
CONTRACTOR shall be deemed to have known the nature, scope, magnitude
and the extent of the works and items, materials, equipment, and components
required for the proper and complete execution of the works though the Contract
documents may not fully and precisely set out, describe or specify them, and the
generality hereof shall not be deemed to be anywise limited, restricted or
abridged because in certain cases the Contract documents or any of them shall
or may and/ or in other cases they shall or may not expressly state that the
CONTRACTOR shall do or perform any particular labour or service or because
in certain cases the Contract documents state that a particular work, operation,
supply, labour or service shall be performed/made by the CONTRACTOR at his
own cost or without additional payment, compensation or charge or without
entitlement of claim against the OWNER or words to similar effect, and in other
cases they do not, or because in certain cases it is stated that the same are
included in or covered by the Price Schedule and in other cases it is not so
stated.
35.4.2.2 The cost of all construction and related vessels, craft, vehicles, movements,
plant, equipment, supply of water and power, construction of temporary roads

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and access, temporary works, pumps, wiring, pipes, scaffolding, piling,


shuttering and other materials, supervision, labour, insurance, fuel, stores,
spares, supplies, appliances and materials, items, articles and things
whatsoever(foreseen of unforeseen)by expression or implication to be supplied,
provided or arranged in or relative to or in connection with the performance and
/or execution of the works and/or related or incidental thereto, complete in every
respect in accordance with the Contract document, and the plans, drawing,
designs, orders and/or instructions;
35.4.2.3 The cost of mobilisation including but not limited to mobilisation of vehicles,
movements, machinery, equipment, gear, tools, tackle, consumables and other
items and goods and personnel necessary for or to perform the works
contemplated under the Contract, preparation and erection of work yards and
other workplaces and facilities necessary for or to perform the works
contemplated under the Contract and/or to supply the material included within
the scope of supplies including all work, labour, inputs, goods, equipment, and
other items and things whatsoever necessary for the performance of the works,
dismantling and/or removal of the same and restoration of the site, lifting the
materials and transporting them to CONTRACTOR’s stock piles/work yard, job
sites and loading, stacking and/or storing the same.
35.4.2.4 The costs and risks of all rents, royalties, licenses, permits, permission and other
fees, duties, penalties, levies, and damages whatsoever payable for or in respect
of any protected or patented goods, materials, equipment or processes
employed in or relative to the works and of all rents, royalties, licenses, permits,
permissions and any other fee, duty, penalty, levy, loss or damages payable on
the excavation, removal or transportation of any material or acquisition or use of
any right of way or other right, licenses, permit, privilege, permission or uses
required for or relative to the performance of the work.
35.4.2.5 The cost of all taxes payable in India with regard to materials supplied by the
CONTRACTOR within the scope of supplies, all customs and import duties,
GST, Indian Income Tax, Sales Tax and other direct and indirect taxes and
duties, quay, wharfage, demurrage, detention and landing charges and all other
duties, taxes, fees, charges, levies, and/or cesses whatsoever imposed or to be
imposed by the Central Government or State Government or Municipal or Local
Bodies or other Authorities whatsoever and payable on any materials supplied
and/or on works performed without any entitlement to the CONTRACTOR for any
exemption, remission, refund or reduction thereof.
35.4.2.6 The cost of all indemnities under the Contract, and insurance premia on
insurance required in terms of the Contract documents or otherwise under any
law, rule or regulation, and the cost of all risks whatsoever(foreseen and
unforeseen) including but not limited to risks of delay or extension of time or
reduction or increase in the work or scope of work and/or cancellation of
Contract, and/or accident, strike, civil commotion, war, strike, labour trouble, third
party breach, fire, lighting, inclement weather, storm, tempest, flood, earthquake
and other acts of God, Government regulation or imposition or restriction,
dislocation of road, rail, sea, air and other transport, access or facility, flooding of

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site and/or access roads and approaches thereto, suspension of work, sabotage
and other cause whatsoever.
35.4.2.7 The cost of all inspections, tests and certificates relative thereto including third
party tests and/or inspections where necessary, and of items, instruments, plant
and/or tools and appliances required to conduct such inspection and tests.
35.4.2.8 The cost of all materials supplied and/or intended for incorporation in the works
supplied within the scope of work, delivery thereof to the job site, loading,
transportation and unloading thereof, waste on materials, and return of empties
and surpluses.
35.4.2.9 The cost of all escalations(foreseen and unforeseen)including but not limited to
increase in Government taxes and duties, labour costs and material costs and
other inputs whatsoever, except for new, altered or increased taxes elsewhere
specifically provided for in these Special Conditions of Contract or other
Contract document(s).
35.4.2.10 All supervision charges, establishment’s overheads, finance charges and other
costs and expenses and charges to the CONTRACTOR, and the
CONTRACTOR’s profit of and relative to the work and/or supply.
35.4.2.11 The cost of all deductions, reductions, discounts, adjustments and withholdings
whatsoever under or in connection with the Contract.
35.4.3 The rates stated in the Price Schedule and the lumpsum price(s) shall not be
subject to escalation or increase for any reason whatsoever.
35.4.4 Notwithstanding any provision to the contrary in these conditions, the Engineer-
in-Charge may at his absolute discretion agree to accept as complete any
incomplete works or items of work performed or supply made by the
CONTRACTOR at variance with the specifications, subject and upon the terms
and conditions of this clause. Upon such acceptance in writing by the Engineer-
in-Charge, such works/materials shall be deemed to have been accepted as
complete (but without prejudice to any right(s) of the OWNER or obligation(s) of
the CONTRACTOR relative thereto under the Contract) subject to the terms and
conditions of this clause. The conditions of such acceptance shall be that the
CONTRACTOR shall be entitled to reduced remuneration therefor only as
determined by the Engineer-in-Charge in accordance with the provisions of
Clauses 7.2 hereof, and the provisions of the said clause shall in all respects
mutatis mutandis apply to such work and/or supply, as the case may be, and for
the determination of the reduced remuneration to the CONTRACTOR in respect
thereof, provided always that the remuneration therefor shall on no account
exceed the Lumpsum price or remuneration therefor payable under the Price
Schedule in respect of the relative completed works or supply.
35.5 ADVANCE AND ON ACCOUNT PAYMENT
35.5.1 Without prejudice to the provisions of Clause 35.3.4 hereof, the OWNER shall by
way of assistance to the CONTRACTOR, make “advance” or “on-account”
payments to the CONTRACTOR during the progress of the work and/or supply
on the basis of Running Account Bills or otherwise as elsewhere more
specially provided for in the Contract documents.

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35.5.2 The following provisions shall apply with respect to “advance” payments to
the CONTRACTOR:
35.5.2.1 Advance(s) paid to the CONTRACTOR shall carry interest at the rates specified
in the Special Conditions of Contract, and shall be adjustable (without prejudice
to the any other mode of recovery) from the Running Account Bills of the
CONTRACTOR as provided in the Special Conditions of Contract.
35.5.2.2 The advances paid to the CONTRACTOR shall be used for execution of this
contract only and the CONTRACTOR shall satisfy the OWNER in this regard
whenever required. If it is found that an advance has been utilised by the
CONTRACTOR in whole or part for any other purpose, the OWNER may at its
discretion forth with recall the entire advance and, without prejudice to any other
right or remedy available to the OWNER, recover the same by recourse to any
Bank Guarantee(s).
35.5.3 The approved Bill of Materials shall form the basis for the calculation of “on-
account” payments with respect to supplies of materials. It is understood,
however, that the Bill of Materials or approval thereof by the OWNER shall not in
any way relieve the CONTRACTOR of its full responsibility to supply to the
OWNER within the scope of supply, any and all materials whatsoever required
for the performance of the work within the scope of work, or otherwise
howsoever confine the responsibility of the CONTRACTOR within the scope of
supply to the supply of materials indicated in the Bill of Materials, nor shall it
otherwise be assumed or be deemed or construed as an acceptance by the
OWNER of the adequacy or sufficiency of the materials listed in the Bill of
Materials to meet the quantitative and/or qualitative requirements of the
materials required to be supplied by the CONTRACTOR under the scope of
supply or otherwise in any manner operate to bind the OWNER or to limit the
liability of the CONTRACTOR, such Bill(s) of Materials being designed only to
provide a basis for making “on account” payments to the CONTRACTOR for
materials supplied, with a view that the OWNER shall make “on account”
payments to the CONTRACTOR for the various materials supplied on the basis
thereof in the manner and at the time in this behalf provided for in the contract.
35.5.4 The approved Schedule of Activities shall form the basis for the calculation of on
account payments with respect to services/works performed by the
CONTRACTOR. It is however understood that the Schedule of Activities or
approval thereof by the OWNER shall not in any way relieve the CONTRACTOR
of his full responsibility to perform within the scope of services/works whatsoever
is required for the performance of the work covered by the scope of work or
otherwise however confine the responsibility of the CONTRACTOR to the
performance of the services indicated in the Schedule of Activities, nor shall
otherwise be assumed or be deemed or construed as an acceptance by the
OWNER of the adequacy or sufficiency of the work/activities listed in the
Schedule of Activities to meet the quantitative and/or qualitative requirements of
services required to be performed or work required to be done by the
CONTRACTOR under the scope of services or otherwise in any manner operate
to bind the OWNER or to limit the liability of the CONTRACTOR, such Schedule

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of Activities being designed primarily to provide a basis for making On Account


payments to the CONTRACTOR for works/services performed, with a view that
the OWNER shall make “On Account” payments to the CONTRACTOR for the
work/services performed on basis thereof in the manner and at the time in this
behalf provided for in this Contract.
35.5.5 For the purposes of making “on account” payments for the work performed,
monthly or otherwise as the Engineer-in-Charge may specify in this behalf, the
CONTRACTOR shall make a quantitative assessment of the work performed by
the CONTRACTOR as listed in the Schedule of Activities during the preceding
month or other specified period and shall submit a Running Account Bill (in the
form prescribed by the OWNER) in quadruplicate to the Engineer-in-Charge for
the works performed during the said month/period with detailed measurement
thereof, the said Running Account Bill(s)to be drawn by applying the rates
applicable under the Schedule of Activities to the applicable items, which shall be
subject to certification by the Engineer-in-Charge specified for the purpose. The
Engineer-in-Charge shall thereafter have a summary verification undertaken of
the work and quantities entered in the Running Account Bills and shall certify the
Running Account Bills for payments on basis of such verification.
35.5.5.1 For the purpose of making “On Account” payment for materials supplied within
the scope of supply other than payments made in advance monthly or
otherwise as the Engineer-in-Charge may specify in this behalf, the
CONTRACTOR shall make a quantitative list of material supplied by the
CONTRACTOR within the scope of supplies at the job site and of the “On
Account” payment made in respect thereof prior thereto, and of the “On
Account” payment(s) becoming due in respect thereof during the preceding
month or other specified period as the case may be supported by the
Certificate of Verification and Good Condition given by the Engineer-in-
Charge in order to qualify for the relative on account payment claimed as due.
The CONTRACTOR shall submit such assessment in the form of a Running
Account Bill prepared in the format prescribed or approved by the OWNER in
this behalf in quadruplicate to the Engineer-in-Charge. The Running Account
Bill(s) shall be drawn by applying applicable parts of the price(s) for relative
materials as indicated in the Bill(s) of materials for the applicable item(s) and
shall be subject to certification by the Engineer-in-Charge. The Engineer-in-
Charge shall thereafter have a summary verification undertaken of the
materials and quantities entered in the Running Account Bill(s) and of the
amount claimed and shall certify the Running Account Bill(s) for payment on
the basis of such verification.
35.5.6 The amount certified for payment by the Engineer-in-Charge on any
Running Account Bill within the provisions for “on account” payments in
the Contract documents shall be conclusive for the determination of any
“on account” payments and no claim shall be entertained by the OWNER
contrary thereto or in contradiction thereof.
35.5.7 In any certificate for on account payment, the Engineer-in-Charge shall be
authorised to adjust in whole or part, any previous amount certified by error.

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35.5.8 All “on account” payments shall be subject to deduction of previous payments
on account and of all claims of the OWNER, adjustments and/or deductions
provided for in the Contract or agreed to between the parties, tax deductions
and any other deductions required to be made under any law, rule or
regulation for the time being in force.
35.5.9 All “advance” and “on account” payments shall be regarded merely as
advance payments against the amounts due to the CONTRACTOR in terms
of the Contract, and any such payments shall be without prejudice to the full
rights of the OWNER under the contract and the liabilities of the CONTRACTOR
thereunder, and specially shall not be regarded as an acceptance or completion
of any works or the acceptance of any materials paid for in terms of any Running
Account Bill or otherwise, notwithstanding any verification or certification by the
Engineer-in-Charge or otherwise in respect thereof.
35.5.10 Except as elsewhere herein to the contrary provided, the Schedule of Activities
or Bill of Materials or other criterion applied by the CONTRACTOR in respect of
any work or supply in his Running Accounts Bill(s) or acceptance thereof by the
Engineer-in-Charge in verifying the bill in respect of such work or supply or
criterion applied shall not be deemed to be binding upon the OWNER as
determining the completeness, acceptance or price payable for relative work or
supply.
35.5.11 Unless or until an extension of time has been granted by the Engineer-in-charge
under Clause 23.6.6 hereof or by the OWNER under Clause 23.6.7 hereof on
account payments made under Running Account Bills raised by the
CONTRACTOR for the works executed after the expiry of the date of Mechanical
Completion of the works under the approved Progress Schedule, shall be subject
to provisional withholding of an amount towards adjustment by way of discount in
the price calculated in accordance with the provisions of Clause 23.7.1.1 hereof.
The amount so withheld shall be adjusted towards the Price Adjustment (if any)
finally determined after Mechanical Completion of the works, without prejudice to
the OWNER’s right to recover from the CONTRACTOR any shortfall between the
Price Adjustment finally determined and the amount provisionally withheld. Any
excess amount provisionally withheld in excess of Price Adjustment finally
determined shall upon such determination be paid to the CONTRACTOR.As an
alternative, the CONTRACTOR shall have an option to provide a Bank
Guarantee from a schedule bank and in a format acceptable to the OWNER for a
sum equal to 5% (five percent) of the total contract value which shall be available
for recovery of the Price Adjustment For Slippage In Completion (if any) finally
determined after Mechanical Completion of the works/Unit(s). This Bank
guarantee shall be in addition to any other guarantee to be provided by the
CONTRACTOR and shall be valid for a period of not less than 12 (twelve)
months from the date of Mechanical Completion of the works.
35.5.12 Deleted.
35.5.13 Deleted.
35.6 MODE OF PAYMENT AND TAX DEDUCTIONS

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35.6.1 All payments to be made by the OWNER to the CONTRACTOR under or in


terms of the Contract shall be paid by bank transfer to the
designated account of the CONTRACTOR notified in this behalf by the
CONTRACTOR to the OWNER for which purpose, the CONTRACTOR shall
furnish to the OWNER such documents and information as required by the
OWNER to effect the bank transfer.
35.6.1.1 Deleted.
35.6.2 The clause 7.1 of GTC for Works Contract (Page No. 21 of GTC) is replaced with
the following:
“Payments will be made by the OWNER against Running Account (R.A.)
Bills certified by the OWNER’s Engineer-in-Charge/Site-in-Charge within 30
days from the date of receipt of complete and correct R.A. Bill from the
CONTRACTOR by Engineer-in-Charge”.
35.6.3 Indian CONTRACTOR who have indicated materials or services to be imported
into India, and who have indicated the Foreign Currency price for such materials
and/or services in the Price Schedule/SOP, shall on proof of payment be paid the
Rupee equivalent of the Foreign Currency paid for the relevant materials or
services imported into India limited to the maximum of the Foreign Currency
indicated in the Price Schedule/SOP in relation to such supplies or services at
the TT buying rate for concerned currency of the State Bank of India, New Delhi
prevailing on the date of payment by OWNER. If as a result, there shall remain
any unutilized foreign currency indicated in the Price Schedule/SOP in relation to
such supplies or services, these shall be considered to be the CONTRACTOR’s
fee for the relative procurement or services, as the case may be, and shall be
added to and paid for separately, in the Final Bill, in addition to the price of
services, in Indian Rupees equivalent of such unutilized foreign currency
balance(s) converted at the currency Bill Selling rate of the concerned currency
of State Bank of India, New Delhi prevailing on the date of price bid opening or at
the TT buying rate of the concerned currency of State Bank of India, New Delhi
prevailing on the date of Mechanical Completion, whichever is less. However, in
such a case, the CFR price indicated in the Contract shall stand reduced by the
price attributable to such supplies.
35.6.4 If in the performance of the Contract CONTRACTOR obtains or procures within
India any materials or services which at the time of the bid were indicated to be
procured or provided from outside India, such CONTRACTOR shall be paid only
the Indian Rupee equivalent of the foreign currency cost of such materials or
services as indicated in the priced bid relevant to the formation of the Contract,
converted at the currency TT buying rate for the relevant currency of the State
Bank of India, New Delhi prevailing on the date of payment by the
CONTRACTOR or at the Bill Selling Rate of State Bank of India, New Delhi
prevailing on the day of priced bid opening, whichever is less, for such supplies
or services. Any change in such sourcing shall be subject to the OWNER’s prior
consent. However, in such a case, the CFR price indicated in the Contract shall
stand reduced by the price attributable to such supplies.

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35.6.5 If in the performance of the Contract the CONTRACTOR obtains or procures


from outside India any materials or services which at the time of the bid were
indicated to be procured or provided from within India, such CONTRACTOR shall
be paid only the Indian Rupees indicated in the Bill of Materials or in the
Schedule of Activities, as the case may be, for such materials or services.
However, such changes shall not oblige the OWNER to pay customs duties
(including counter-vailing duties and special or additional customs duties) in
excess of such duties payable on the CFR value of imported materials indicated
by the Bidder in the FORM-1.
35.6.6 Foreign Contractor shall be required to open a Project office (PO) under general /
specific permission of RBI and thereafter open a foreign currency bank account
subject to RBI Regulations. Foreign currency account could be in USD or EURO.
Payment in foreign exchange can be made by OWNER to such foreign currency
bank account. In such case, invoices shall be raised by the Project office of the
foreign contractor in USD or EURO.
35.6.7 Payment to Consortium/Joint Venture Members/Partners:
35.6.7.1 The OWNER may accept the distribution of payment between the consortium/
joint venture members/ partners and make payment accordingly, subject to the
following:
i) Payment for works under the Contract shall be made by Owner only as per
bid document of bidder. This shall be clearly specified in the Bids itself. The
options for payments are:
(a) fully to Consortium or,
(b) fully to the Prime member (Leader) of the Consortium or,
(c) to each constituent member, as per their share specified in the Bid.
If payment is made as per (a) or (b) above, and the Owner shall not in any
manner be responsible or liable for the inter-se-allocation of payments
among members of the Consortium.
ii) However, in case payment to each constituent is requested by the
Consortium members corresponding to their part of scope of work, as per
(c) above, the same shall be clearly indicated in the unpriced bid and the
constituent wise details of the price break up shall be clearly indicated in the
priced bid in the respective SP Forms.
iii) Bidder shall clearly specify the above details with respect to payment (i.e. to
whom payment is to be made) they desire in the unpriced bid as per any
one of the above options.
iv) In case of separate payment to each member of the Consortium, the invoice
of the Consortium member shall be endorsed by the Leader of the
consortium.
v) In case the details with respect to payment, as aforementioned is not clearly
specified in the unpriced bid and / or constituent wise details of the price

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break up is not specified in the priced bid, all payments against this contract
shall be made only to the Leader of the consortium.
vi) In case of award to the consortium, only the Prime Member/leader of the
Consortium shall submit the CPBG for the entire requisite amount of the
CPBG on behalf of the Consortium. Separate CPBG’s of respective values
corresponding to their share in the Lumpsum Price from consortium
members are also acceptable, the combined CPBG shall be 10% of the
Lumpsum Price of contract. In such a case, OWNER at its discretion, has
the right to invoke any or both the CPBG’s irrespective of the default by any
or both the member(s) of the consortium.
vii) The consortium should obtain and submit its GST & IT-PAN registration.
viii) In case payment is sought directly to the members of the consortium, then
the members of the consortium should also obtain and submit their GST &
IT-PAN registration.
ix) In any situation, the Consortium and all members shall be responsible and
liable for all Direct and Indirect Tax compliances and consequences.
x) The constitution of the Consortium or the relative distribution of the Work(s)
and/or activities amongst the consortium members as approved by PMC
/OWNER shall not be altered or assigned, as the case may be except with
the prior written consent of PMC/OWNER and any contrary alteration or re-
assignment shall be deemed to be an unauthorized assignment of the
Contract with attendant liabilities including termination of the Contract.
xi) If the Consortium/ Joint venture contains a foreign member or partner,
deduction of tax at source on all payments shall be as per the rate certified
by the Indian Income Tax authorities in respect of each member/ partner for
such payments. Pending receipt of such certificate from Income Tax
Authorities, the owner shall not release any payment to the members/
partner.
xii) Payments shall be made by the OWNER to the separate members/
partners against their separate certified Invoices transmitted through the
consortium leader and any such payment shall constitute payment to the
consortium/ joint venture and shall give a valid discharge to the OWNER in
the same manner as if made directly to the Consortium Leader.
xiii) It shall be up to the consortium members/ partners claiming the separate
payments to obtain such sanctions, consents and/ or permits required from
the Reserve Bank of India or other authorities concerned to authorize
separate payments to and/or separate accounts of each consortium
member, failing of which all payments will be made only to the Consortium
leader disregarding of any agreed distribution.
36.0 CLAIMS BY THE CONTRACTOR
36.1 Should the CONTRACTOR consider that he is entitled to any extra payment or
compensation in respect of the works or supplies over and above the amounts
due in terms of the Contract as specified in Clause 35.4.1 hereof, the

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CONTRACTOR shall give notice in writing of its claim in this behalf to the
Engineer-in-Charge and the OWNER within14(Fourteen) days from the date of
the issue of orders or instructions relative to anywork(s) for which the
CONTRACTOR claims such additional payment or compensation, or from the
date of the happening of any other event upon which the CONTRACTOR bases
such claim, as the case may be. Such notice shall give full particulars of the
nature of such claim, grounds on which it is based, and the amount claimed. The
OWNER shall not anywise be liable in respect of any claim by the
CONTRACTOR unless notice of such claim shall have been given by the
CONTRACTOR to the Engineer-in-Charge and the OWNER in the manner and
within the time aforesaid, and the CONTRACTOR hereby waives and
relinquishes any and all claims and all his rights in respect of any claim which is
not notified by the CONTRACTOR to the Engineer-in-Charge and the OWNER in
writing in the manner and within the time aforesaid.
36.2 The Engineer-in-Charge and/or the OWNER shall be under no obligation to reply
to any notice of claim given or claim made by the CONTRACTOR within the
provisions aforesaid or otherwise, or to otherwise reject the same, and no
omission or failure on the part of the Engineer-in-Charge or the OWNER to
reject any claim made or notified by the CONTRACTOR nor any
consideration thereof or dealing there with shall be deemed to be an admission
by the OWNER of the validity of such claim or waiver by the OWNER of the
provisions of Clause 36.1 hereof
36.3 Any or all claims of the CONTRACTOR notified in accordance with the provision
of Clause 36.1 hereof as shall remain /persist at the time of preparation of the
Final Bill by the CONTRACTOR shall be separately included in the Final Bill
prepared by the CONTRACTOR in the form of a Statement of Claims attached
thereto, giving particulars of the nature of such claim, grounds on which it is
based, and the amount claimed, and shall be supported by copy(ies) of the
notice(s) sent in respect thereof to the Engineer-in-Charge and the OWNER
under Clause 36.1 hereof. In so far as such claim shall in any material particular
be at variance with the claim notified by the CONTRACTOR within the provisions
of Clause 36.1 hereof, it shall be deemed to be a claim different from the notified
claim with consequence in respect thereof indicated in Clause 36.1 hereof, and
with consequence in respect of the notified claim as indicated in Clause 36.4
hereof.
36.4 Any and all notified claims not specially reflected and included in the Final Bill in
accordance with the provisions of Clause 36.3 hereof shall be deemed to
have been waived and relinquished by the CONTRACTOR, and the
CONTRACTOR hereby waives and relinquishes all rights to raise or include in
the Final Bill any claim(s)other than a notified claim conforming in all respects to
and in accordance with the provisions of Clause 36.3 hereof.
36.5 No claim(s) shall on any account be made by the CONTRACTOR after the Final
Bill, with the intent that the Final Bill prepared by the CONTRACTOR shall reflect
any and all claims whatsoever of the CONTRACTOR against the OWNER
arising out of or in connection with the Contractor any supply made or work

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performed by the CONTRACTOR thereunder or in relation thereto, and


notwithstanding any enabling provision in any law or Contract and
notwithstanding any claim in quantum meruit that the CONTRACTOR could have
with respect thereto, the CONTRACTOR hereby waives and relinquishes any
and all such claims not included in the Final Bill and absolves and discharges the
OWNER from and against the same, even if in not including the same as
aforesaid, the CONTRACTOR shall have acted under a mistake of law or off act,
or shall claim to have acted under economic compulsion or necessity.
36.6 Notwithstanding the existence of any claim by the CONTRACTOR in terms
hereof or otherwise, the CONTRACTOR shall continue and be bound to continue
and perform the works and supplies to completion in all respects according to the
Contract (unless the contract be priorly determined by the OWNER).
36.7 The payment of any sum on account to the CONTRACTOR during the
performance of any work or the making of any supply in respect of which a claim
has been notified by the CONTRACTOR in terms of Clause36.1 hereof or the
making or negotiation of any interim arrangement(s) by the OWNER in respect of
the performance of such work or item of work or the making of any supply or item
of supply by the CONTRACTOR shall not be deemed to be an acceptance of the
related claim by the OWNER, or any part or portion thereof unless specifically
signed by the authorised representative of the OWNER and the CONTRACTOR
as an Amendment to Contract, or as an Agreed Variation, with the intent that any
such payment or arrangement shall (unless signed as an amendment or variation
aforesaid) constitute merely a facility or assistance to the CONTRACTOR, and
not an obligation upon the OWNER.
36.8 If required by the OWNER, the Engineer-in-Charge shall be authorised to require
the CONTRACTOR to furnish, and the CONTRACTOR shall, upon the request of
the Engineer- in-Charge/OWNER, furnish all invoices, vouchers and accounting
records as may be deemed necessary by the Engineer-in-Charge/OWNER for
the purpose of verifying any CONTRACTOR’s claim.
37.0 DISCHARGE OF OWNER’S LIABILITY
37.1 The acceptance by the CONTRACTOR of any amount paid by the
OWNER to CONTRACTOR in respect of the Final Bill of the CONTRACTOR in
settlement of all said dues to the CONTRACTOR under the Final Bill shall,
without prejudice to the claims of the CONTRACTOR included in the Final Bill in
accordance with the provisions of clause 36.3 hereof, be deemed to be in full and
final satisfaction of all such dues to the CONTRACTOR notwithstanding any
qualifying remarks, protest or condition imposed or purported to be imposed by
the CONTRACTOR relative to the acceptance of such payment, with the intent
that upon acceptance by the CONTRACTOR of any payment made as aforesaid,
the contract (including the arbitration clause) shall stand discharged and
extinguished insofar as relates to and/or concerns the entitlements of the
CONTRACTOR under the Contract except for the CONTRACTOR’s right, if any,
to receive payment in respect of his notified claims included in his Final Bill and
the right to receive payment of the unadjusted balance of the Contract
Performance Bank Guarantee in accordance with the provisions of Clause 38.3

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hereof on successful completion of the defect liability period. But nothing herein
stated shall affect the CONTRACTOR’s undischarged liabilities and obligations
under the Contract.
37.2 The acceptance by the CONTRACTOR of any amount paid by the OWNER to
the CONTRACTOR in respect of the notified claims of the CONTRACTOR
included in the Final Bill, in settlement of the claims of the CONTRACTOR, shall
be deemed to be in full and final settlement of all claims of the CONTRACTOR
notwithstanding any qualifying remarks, protest or condition imposed or
purported to be imposed by the CONTRACTOR relative to the acceptance of
such payment made as aforesaid with the intent that upon acceptance by the
CONTRACTOR of any payment made as aforesaid, the Contract shall stand
discharged and extinguished insofar as relates to and/or concerns the claims of
the CONTRACTOR except for the CONTRACTOR’s rights to receive payments
of the unadjusted balance, if any, of the Contract Performance Bank Guarantee
in accordance with clause 38.3 hereof on successful completion of the defect
liability. But nothing herein stated shall affect the CONTRACTOR’s undischarged
liabilities and obligations under the Contract.
37.3 Notwithstanding anything provided in Clause 37.1 and/or Clause 37.2
hereof, the CONTRACTOR shall be and remain liable for defects in terms of
Clause 33.0 and associated clause thereunder and for any indemnity to the
OWNER in terms of Clause 38.2 and shall be and remain entitled to receive the
unadjusted balance of the Contract Performance Bank Guarantee r e m a i n i n g
in the hands of the OWNER in terms of Clause 38.3 hereof and associated
clauses thereunder.
38.0 FINAL CERTIFICATE AND RELEASES OF SECURITY
38.1 Forthwith on the CONTRACTOR’s application made after the expiry of the period
of defect liability provided for in Clause 33.0 hereof and associated clauses
thereunder and satisfaction of all liabilities of the CONTRACTOR in respect
thereof, the Engineer-in-Charge shall issue a Final Certificate to the
CONTRACTOR Certifying that the CONTRACTOR has performed his
obligations in respect of the defect liability period in terms of Clause 33.0 hereof
and associated clauses thereunder, and until issue of such Final Certificate, the
CONTRACTOR shall be deemed not to have performed such liabilities
notwithstanding issue of the Completion Certificate or payment of the Final Bill
by the OWNER.
38.2 Upon application for the Final Certificate, the CONTRACTOR shall:
(i) Be deemed to have warranted that it had been fully paid and satisfied all
claims for or arising out of the work, labour, materials, supplies and
equipment used in or connected with the Contract and all other liabilities
whatsoever touching or affecting the Contract, or its performance, including
in relation to sub-contractors and suppliers, and
(ii) To have undertaken to indemnify and keep indemnified the
OWNER/Consultant from and against all claims, demands, debts, liens,
obligations and liabilities whatsoever arising therefrom or relating thereto.

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38.2.1 Upon issue of the Final Certificate, the CONTRACTOR shall be deemed to have
released, acquitted and discharged the OWNER from and against all claims
(known or unknown), liens, demands or causes of action of any kind whatsoever
arising out of or relating to the Contract or otherwise howsoever touching or
affecting the same.
38.3 Forthwith on application made by the CONTRACTOR in this behalf accompanied
by the Final Certificate, or within12(Twelve) Weeks of the OWNER passing the
CONTRACTOR’s Final Bill, whichever shall be later, the OWNER shall cancel
and return to the CONTRACTOR all previous Bank Guarantees remaining
unutilised in the hands of the OWNER, and upon such cancellation and return,
the OWNER shall stand discharged of all obligations/liabilities under the Contract
provided that the cancellation and return of any Bank Guarantee(s) furnished by
the CONTRACTOR as and by way of CPBG shall be subject to the
CONTRACTOR replacing such Bank Guarantee(s) with a Bank Guarantee from
any Bank in India (including the Indian Branch of foreign Bank) in a format
acceptable to the OWNER covering10%(ten percent) of the value (as determined
by the OWNER) of equipments/works replaced or repaired during the Defect
Liability Period for the unexpired term of defect liability in respect thereof plus a 3
(three) months claim period.
39.0 CLAIMS OF OWNER
In addition to clause 8.1 & 8.2 of General Terms & Conditions following clauses
are applicable:-
39.1 No release/payment of any unadjusted balance of the CPBG(furnished in the
form of a Bank Guarantee or otherwise) by the OWNER to the CONTRACTOR
as aforesaid or otherwise shall be deemed or treated as a waiver of any right(s)
or claim(s) of the OWNER or shall stop or prevent the OWNER from there after
making or enforcing any claim or any rights against the CONTRACTOR with the
intent that the claims of the OWNER, against the CONTRACTOR shall continue
to survive and shall not get extinguished notwithstanding the issue of Final
Certificate and/or the release of CPBG to the CONTRACTOR.
40.0 TERMINATION
40.1 Notwithstanding anything elsewhere herein provided and in addition to any other
right or remedy of the OWNER under the CONTRACT or otherwise (including the
right of the OWNER to discount by way of price adjustment under the provisions
of Clause 23.7 hereof and associated Clauses thereunder), the OWNER shall
be entitled to terminate the CONTRACT by written notice at any time during its
currency on or after occurrence of any one of the following events/contingencies,
namely:
40.1.1 Breach or failure by the CONTRACTOR of any of the obligations of the
CONTRACTOR under the Contract, including:
a) Failure to start the work within 12 (Twelve) weeks of the date of issue of the
Acceptance of Bid by the OWNER, notwithstanding the OWNER having
made available to the CONTRACTOR the work front necessary for the
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b) Failure to commence work at site within 3 (Three) Weeks of the time


prescribed in this behalf in the Progress Schedule or to commence supply
of any material within 3 (Three) Weeks of the time prescribed in this behalf
in the Delivery Schedule
c) Failure to carry out or carry on the works or any of them to meet the
Progress Schedule resulting in a delay of 4 (Four) Weeks or more in the
actual performance of the work, or failure to complete any supplies to meet
the Delivery Schedule resulting in a delay of 4 (Four) Weeks or more in the
scheduled deliveries of materials.
d) Failure to provide at the job site, within 3 (Three) Weeks of being required
to do so by the Engineer-in-Charge, sufficient labour, material, equipment,
machinery, temporary works and/or facilities required for the proper and/or
due execution of the work or any part thereof.
e) Failure to execute the works or any of them in accordance with the Contract
or disobedience of any order or instruction of the Engineer-in-Charge or
negligence or lack of expertise in the performance of the work, or failure to
supply materials of quality conforming to the requirements of the contract.
f) Abandonment of the works or any part thereof.
g) Substantial suspension of the works or any part thereof for a period of 2
(Two) Weeks or more without the authority of the Engineer-in-Charge
h) Failure to execute the Contract in terms of the Form of Contract forming
part of the Bid Documents within 30 (thirty) days of the date of issue of the
Letter of Acceptance by the OWNER or within such extended period as
may be permitted by the OWNER in this behalf;
i) Failure to furnish the Bank Guarantee(s) required to be furnished by the
CONTRACTOR under Clause 4.1 and related provisions hereof within
4(Four) Weeks of the date of issue of Letter of Acceptance by the OWNER.
j) Any other event which is an event of termination under the Contract or
which in the opinion of the OWNER, reasonably impinges on the
CONTRACTOR’s capability to fulfil its contractual commitments.
k) Dissolution of the CONTRACTOR (if a firm), or commencement of
liquidation or winding up (whether voluntary or compulsory) of the
CONTRACTOR (if a company) or of any member (if the CONTRACTOR is
a consortium), or insolvency of the CONTRACTOR or of any partner (if a
firm), or appointment of a receiver or manager of the CONTRACTOR’s
assets or of any partner/member of the CONTRACTOR (if a firm or
consortium) by a court;
l) Distress, execution, or other legal process being levied on or upon any of
the CONTRACTOR’s goods and/or assets involved in or relative to the
performance of the work or supply;
m) Death of a CONTRACTOR (if an individual);
n) If upon any voluntary change in the partnership/constitution of
CONTRACTOR’s organisation (if a partnership or Company) the OWNER

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refuses in its sole discretion to Continue the Contract with the re-constituted
firm or Company;
o) If the CONTRACTOR or any person employed by him shall make or offer for
any purpose connected with the contract, any gift, gratuity, royalty,
commission, gratification or other inducement (whether money or in any
other form) to any employee or agent or CONSULTANT of OWNER;
p) If the CONTRACTOR shall assign or attempt to assign his interest or any
part thereof in or under the Contract.
q) If CONTRACTOR does not start to remedy the breach within 7 days
from receipt of OWNER’s notice.
r) If the CONTRACTOR has acted in any manner to the detrimental interest,
reputation, dignity, name or prestige of the Owner.
s) If the CONTRACTOR has become untraceable.
t) If the CONTRACTOR 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.
40.1.2 The decision of the General Manager– Projects, Rajasthan Refinery, as to
whether any of the events or Contingencies mentioned in Clause 40.1 hereof
entitling the OWNER to terminate the Contract has occurred or not shall be final
and binding upon the CONTRACTOR.
40.1.3 The methodology for processing Termination for default shall be as follows:
a. Any material breach in contractual obligations shall be dealt on mutual
discussion basis, so as to correct breach. In case of failure to correct the
breach, OWNER shall initiate Termination action as per the contract.
b. In case of non-submission of CPBG within the period stipulated, required
CPBG amount along with interest @ 10.05 % per annum for the delayed
period shall be recovered from the first RA bill / first Milestone payment,
onwards, on proportionate basis, till full recovery.
c. However, in case, if the CONTRACTOR submits CPBG before the first RA
bill, then interest @ 10.05 % per annum shall be recovered from the first RA
bill, for the delayed period beyond the period stipulated for CPBG.
d. In case of non-submission of CPBG within one month beyond the period
stipulated for it, coupled with non-mobilization / non-performance within the
period stipulated for the same, the Termination action along with other
contractual penal provisions shall be initiated, as per the contract provisions.
e. Further, in case of submission of CBPG within scheduled period, but
CONTRACTOR being at default in terms of Contract, a) above shall be
applicable.
f. In case of occurrence of any of the above specified events, CONTRACTOR
shall be understood to have defaulted and the OWNER shall have the right to
terminate the contract, at its sole and absolute discretion by issuing a Show
Cause notice of 15 calendar days to the CONTRACTOR, stating the reason

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and the intention of OWNER to terminate the Contract and to take other
penal actions in terms of the contract including extant policy for Suspension/
Banning of OWNER.
g. The CONTRACTOR may also request for a personal hearing.
h. OWNER based on the CONTRACTOR’s response to the Show Cause Notice
and the personal hearing, shall decide the action regarding Termination and/
or Suspension / Banning or otherwise.
i. The decision taken as above shall apply to both Termination as well as
Suspension / Banning.”
40.2 The notice of termination shall set forth, in addition to statement of the reason or
reasons for terminating the Contract, the time(s) and place(s) for conducting a
survey and inspection/measurement of the work performed and materials
supplied under the Contract upto the date of termination for the purpose of
determining the final amount(s) due to the CONTRACTOR therefor. The reasons
for the termination stated in the notice of termination shall be final and binding
upon the CONTRACTOR.
40.2.1 Forthwith upon receipt of notice of termination, the CONTRACTOR shall at his
own risks and costs within the scope of relative work, do and perform to the
satisfaction of the Engineer-in-Charge all and whatsoever is necessary, in the
opinion of the Engineer-in-Charge (which shall be final and binding upon the
CONTRACTOR) to secure and protect all complete and incomplete works
performed by the CONTRACTOR upto termination, and should it fail to do so, the
OWNER shall be entitled by itself or through an independent Contractor(s) or
partly by itself and partly through an independent Contractor(s), to do and
perform at the risks and costs of the CONTRACTOR all such work(s) not done
by the CONTRACTOR, and the provisions of Clause 40.9 therefore shall mutatis-
mutandis apply thereto.
40.3 For the purpose of measurements, the provisions of Clause 35.1 and 35.2 hereof
shall apply. The decision of the Engineer-in-Charge as to whether or not any
works have or supply has been completed for the purpose of measurement
shall be final and binding upon the CONTRACTOR. Incomplete items or
works shall be measured and paid for only on the basis of materials (if any)
supplied by the CONTRACTOR, and the decision of the Engineer-in-Charge as
to the quantity of material involved in or relative to any incomplete works shall be
final and binding upon the CONTRACTOR.
40.4 Work done and/or supplies made by the CONTRACTOR qualifying for payment
under Clause 40.3 hereof shall be paid for in respect of work done on the basis
of on account payment due thereon based on Schedule of Activities, and for
materials supplied on the basis of on account payment due thereon on the basis
of Bill of Materials and the provisions of Clause 35.5.6, 35.5.7, 35.5.8, 35.5.9,
35.5.10, 35.5.11, 35.5.12, 35.5.13.1 and 35.5.13.2 hereof shall mutatis mutandis
apply and accounting done and bill prepared by the CONTRACTOR on the basis
thereof shall be the Final Bill and no other amount(s) shall be due to the
CONTRACTOR in respect thereof, subject to the provisions of 36.0 and

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associated clauses thereunder with regard to the notified claim(s) of the


CONTRACTOR included in the Final Bill in accordance with the provisions of
Clause 36.3.
40.5 Within 4 (Four) Weeks of completion of the inspection/measurements, the
CONTRACTOR shall clear the job site(s) made available by the OWNER to the
CONTRACTOR of all surplus materials, CONTRACTOR’s labour, equipment and
machinery and shall demolish, dismantle and remove such temporary works,
structure and construction and other items and things brought upon or erected at
the job site(s) and not incorporated in the permanent works and shall remove all
rubbish from the job site(s) and shall clear, dress and restore the job site(s) to
the satisfaction of the Engineer-in-Charge and shall put the OWNER in
undisputed custody and possession thereof and the entire works.
40.6 Should a CONTRACTOR fail to comply with the provisions of Clause 40.5 hereof
in the manner and within the time specified therein, the OWNER shall have the
right at the risk and costs of the CONTRACTOR in all respects to clear the job
site(s) of all surplus materials, CONTRACTOR’s labour, equipment and
machinery and other materials and things and/or demolish/dismantle and remove
any temporary works, structures and/or construction and other items and things
brought upon or erected at the job site(s) and to remove all rubbish from the job
site(s) and the land allotted to the CONTRACTOR and clear, dress and restore
the said land to the satisfaction of the Engineer-in-Charge and take undisputed
possession and custody thereof and of the works and CONTRACTOR’s stores
thereon and dispose of and/or otherwise deal with any and all equipment and
machinery etc., stores and other items and things aforesaid and recoveries of
any demolition/dismantling as the OWNER shall in its absolute discretion deem
fit, and the CONTRACTOR shall forthwith on demand pay the OWNER the entire
costs/expenses of the OWNER relative to the above together with15% (Fifteen
percent) thereof to cover the OWNER’s supervision, with right in the OWNER
(without prejudice to any other mode or recovery) to recover the same from the
proceeds of any sale or disposal as aforesaid or from any monies whatsoever of
the CONTRACTOR held by the OWNER or dues of the CONTRACTOR and the
CONTRACTOR hereby irrevocably nominates, constitutes and appoints the
OWNER (with right to the OWNER to delegate any and all of its rights in terms
hereof to such of its officer(s) and/or other person(s) as it shall deem fit) for and
on behalf of and as attorney of the CONTRACTOR to do, commit and/or sign all
acts, deeds, matters and things as shall or may be necessary to be done,
committed and/or signed by the CONTRACTOR to put in to effect the provisions
of this clause with full right to enter into arrangements with third parties for or
relative to the storage, sale and/or other disposal of any goods, equipment and
machinery and other items and things and to enter in to or upon any of the
CONTRACTOR’s premises and to break open if necessary any locks, bolts,
fasteners, bonds or other devices restricting entry there to and to do all other
acts, deeds, matters and things as shall or may be necessary to give full effect to
the provision of this Clause.
PROVIDED ALWAYS THAT:

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I. The OWNER shall be entitled, without prejudice to the foregoing and in


addition thereto, upon the CONTRACTOR failing to comply with the
provisions of Clause 40.5 hereof after removing/demolishing/ dismantling
from the job site any of the CONTRACTOR’s goods, temporary works and
other items and things ,by written notice to the CONTRACTOR, to require
the CONTRACTOR to take delivery of, lift and/or clear the same within
7(seven) days (or such other period as may be specified in said notice) of
date of said notice failing which the OWNER shall abandon the same at
the risks and costs of the CONTRACTOR, and should the
CONTRACTOR fail to take delivery of, lift and/or clear the same within the
period in this behalf specified in the said notice, the OWNER shall be
entitled at any time thereafter to abandon the same at the risks and costs
of the CONTRACTOR, where upon (without prejudice to any other rights
of the OWNER) the OWNER shall stand absolutely discharged and
absolved in respect of all and any material ,equipment, machinery and
other item and things whatsoever abandoned as aforesaid.
II. Notwithstanding anything to the contrary herein provided, nothing herein
stated shall constitute the OWNER as a trustee or bailee of any of the
CONTRACTOR’s material, equipment, machinery or other items or things
removed, cleared, demolished, dismantled or abandoned as aforesaid,
nor shall the OWNER be bound in law or fact by any duty of care in
respect thereof, with the intent that all actions, dealings and disposals
within the provisions of this clause shall be exclusively at the risk and
liability of the CONTRACTOR (including relative to any loss or damage)
and the OWNER shall not be howsoever responsible, accountable or
liable in respect thereof.
40.7 If for any cause (including but not limited to resistance put up by the
CONTRACTOR and/or his servants or agents or any court order consequent
upon a suit or proceedings filed by the CONTRACTOR), the OWNER is unable
to fully take over possession of the entire works within 7 (Seven) days from the
date of completion of the measurements as contemplated above, the OWNER
shall, in addition to all discounts, compensations and/or damages recoverable
from the CONTRACTOR in terms hereof (including but not limited to OWNER’s
entitlements under Clause 23.7 and Clause 40.9 hereof) or otherwise, be
entitled to discount from the CONTRACTOR a Price adjustment in the amount
equivalent to 1% (one percent) of the Lumpsum Price for each week or part
thereof that the said taking over possession of any works is delayed beyond the
period of 7 (seven) days specified above, subject to a maximum of 5% (five
percent) of the Lumpsum Price.
40.8 Notwithstanding anything provided in Clause 40.5 hereof, the OWNER shall have
the right at any time prior to the removal of the same from the jobsite, to take
possession of such of the CONTRACTOR’s goods or equipment at any and all
jobsites as the OWNER shall deem fit, and the CONTRACTOR shall be entitled
to compensation for any such goods or equipment taken over at cost thereof to
the CONTRACTOR or depreciated value thereof in the case of equipment,
whichever shall be less, such cost or value not to include the cost of transport,

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carriage or handling or storage, but to include the cost of freight to India on


imported goods. The cost of goods and/or depreciated value of equipment taken
over as determined by the Engineer-in-Charge shall be final and binding upon
the CONTRACTOR.
40.9 Upon termination of the Contract, the OWNER shall be entitled at the risk and
expenses of the CONTRACTOR in all respects to either engage one or more
contractors to complete the work and/or supplies and/or to redesign, reperform
and/or redo and/or to alter, modify and/or replace the materials supplied by the
CONTRACTOR and/or supply other materials or substitutes to the extent
necessary to setup, install , erect, establish and operate the Unit and tools and
spares in accordance with the Contract and/or to complete the works in
accordance with the Contract, notwithstanding that the contractor(s) so engaged
shall adopt design and/or processes or methods or materials different from those
proposed or projected and/or adopted by the CONTRACTOR for any purpose.
Contractor’s liability under clause 40.9 shall be limited to 100% of the Lumpsum
price.
In case contract awarded for the tendered work have to be terminated due to
CONTRACTOR's default and a separate tender have to be floated to get the
remaining/ complete work executed, such defaulting CONTRACTOR will not be
considered for tenders issued for the refloated works of same project.
40.10 In addition to rights under clauses 40.8 and 40.9, the OWNER shall, upon
termination of the contract have an option to take over from the CONTRACTOR,
in whole or part, any subsisting order or sub-contract entered into by the
CONTRACTOR in or relative to performance of the CONTRACTOR’s
obligations under the contract, for which purpose the provisions here of shall
operate as an assignment by the CONTRACTOR to OWNER of the orders and
sub-contract opted to be taken over by the OWNER, with right in the OWNER as
attorney for and on behalf of and in the name of the CONTRACTOR to sign,
execute and/or deliver any document, notice or other communication as may be
required under the law applicable to the relative contractor order to complete the
assignment there of in favour of the OWNER, and the provisions hereof shall
constitute appropriate appointment by the CONTRACTOR in favour of the
OWNER in this behalf, with right in the OWNER to act in this behalf through any
of its directors or officers.
40.11 No amount shall be due and payable to the CONTRACTOR upon or in the event
of termination of the Contract unless and until the entirety of the works as
contemplated in the scope of services and the entirety of the supplies as
contemplated in the scope of supplies shall have been completed in all respects
and all payments finally due on any account to the OWNER and/or other
contractor(s) in respect of the balance works and supplies have been finally
settled and the OWNER has been discharged from all liabilities in respect
thereof.
40.12 If upon the satisfaction of the clause 40.9 and 40.11 hereof there shall remain in
the hands of the OWNER any excess/balance after all accounting and
adjustment of all dues from the CONTRACTOR to the OWNER, the OWNER

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shall forthwith pay over the excess/balance to the CONTRACTOR and in the
event of the security deposit and other dues of the CONTRACTOR in the
hands of the OWNER being insufficient to meet the dues of the OWNER
as aforesaid, the CONTRACTOR shall forthwith on demand by the OWNER pay
the OWNER the shortfall. For calculating the excess/balance aforesaid in
the hands of the OWNER any price discount or adjustment due to the
OWNER from any other contractor under the provisions of Clause 23.6.7
hereof or any equivalent or similar provisions in the Contract in this behalf
between the OWNER and the other CONTRACTOR shall not be reckoned.
40.13 Termination for Convenience: Owner shall, in addition to any other right
enabling it to terminate the Contract, have the right to terminate the Contract at
any time by giving prior written notice to the Contractor. Such termination shall be
without prejudice to the rights of the Parties that have accrued on or before the
date of termination of the Contract. In case Termination is due to Convenience
of Owner, the risk Purchase will not be applicable
40.14 Without prejudice the provisions of Clause40.0 above, the provisions as
mentioned in clause No. 12 of General terms & conditions of works contract
(GTC) shall also mutatis mutandis apply
41.0 PERSONAL ACTS AND LIABILITIES
41.1 No director, officer or other employee of the OWNER shall anywise be personally
bound or liable to the CONTRACTOR for the acts, commissions or obligations of
the OWNER under the contract or otherwise or be personally answerable to the
CONTRACTOR for on in respect of any default or omission in the performance of
any act(s), deed(s), or things to be observed and/or performed by the OWNER
under the contract.
41.2 The CONTRACTOR shall not be entitled to any increase in the rate(s) mentioned
in the Price Schedule or in any of them or to any other payment, right, benefit or
claim whatsoever by reason of any representation, explanation, statement,
assurance or understanding given or alleged to have been given to him by the
Engineer-in-Charge, PMC or any other agent or consultant of the OWNER, nor
shall any director, officer or other employees or the Engineer- in-Charge, PMC or
agent or consultant of the OWNER be personally liable for or in respect of any
representation, explanation, statement or assurance or understanding given or
alleged to have been given by him to the CONTRACTOR or any other person
relative to the contract, nor shall the OWNER be responsible in respect thereof
unless the same has been jointly signed by the CONTRACTOR and the
OWNER as an agreed variation or amendment to Contract.
42.0 LABOUR LAWS AND REGULATIONS
42.1 The CONTRACTOR shall be responsible for strict compliance of and shall
ensure strict compliance by its sub-contractors, servants and agents of all laws,
rules or regulations having the force of law affecting the relationship of employer
and employee between the CONTRACTOR/sub-contractors and their respective
employees and/ or otherwise concerning labour, social welfare and provident
fund, pension, bonus, gratuity and other benefits to employees. Without prejudice
to the generality of this provision, the CONTRACTOR shall comply with and

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ensure that his subcontractors and other agencies employed by him comply with
the provisions of the Payment of Wages Act 1936, Minimum Wages Act 1948,
Employers Liability Act1938, Workmen's Compensation Act 1923, Industrial
Disputes Act 1947, Maternity Benefit Act 1961, Mines Act 1952, The Child
Labour (Prohibition & Regulation) Act 1986, Contract Labour (Abolition &
Regulation) Act 1970, Payment of Bonus Act, Gratuity Act, Factories Act and the
Employees Provident Fund and Miscellaneous Provisions Act 1952 and
Employees State Insurance Act 1948, as amended from time to time and all
rules, regulations and schemes framed thereunder from time to time.
42.1.1 In addition, the CONTRACTOR shall abide by and observe the provisions of
(i) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979,
(ii) The Building and Other Construction Workers’ (Regulation of Employment and
Conditions of Service) Act, 1996,
(iii) The Building and Other Construction Workers’ Welfare Cess Act, 1996,
(iv) The Child Labour (Prohibition and Regulation) Act, 1986.
42.1.2 The CONTRACTOR shall also be responsible at its own cost and initiative to pay directly
to the prescribed authorities and bear any and all cess(es) payable under the Building
and Other Construction Workers’ Welfare Cess Act, 1996 with respect to the contract
and work covered thereunder and with respect to any subsidiary contract or sub-contract
entered into by the CONTRACTOR for the performance thereof, and shall indemnify and
keep indemnified the OWNER from and against any liability in respect thereof.
42.1.3 To this end, the CONTRACTOR shall as a document to be submitted to the Engineer-in-
Charge for the Completion Certificate under Clause 32.2 hereof, submit to the Engineer-
in-Charge satisfactory proof of having paid in full the cess payable with respect to the
contract under the Building and other Construction Workers’ Welfare Cess Act, 1996.
42.2 The contractor and sub-contractor(s) of the CONTRACTOR shall obtain from the
authority(ies) designated in this behalf under any applicable law, rule or
regulation (including but not limited to) the Factories Act and Labour (Abolition
and Regulation) Act, 1970 (in so far as applicable) any and all such Iicence(s),
consent(s), registration(s) and/ or other authorisation(s) as shall from time to time
be or become necessary for or relative to the execution of the work or any part or
portion thereof or the storage or supply of any material(s) or otherwise in
connection with the performance' of the Contract and shall at all times observe
and ensure due observance by the sub-contractors, servants and agents of all
terms and conditions of the said Iicence(s), consent(s), regulation(s) and other
authorisation(s) and laws, rules and regulations applicable thereto Without
prejudice to the generality of this provision, the CONTRACTOR shall obtain and
ensure that his sub-contractors and other agencies employed by him on the
Work, obtain a valid Licence under the Contract Labour (Regulation & Abolition)
Act, 1970 and shall duly and faithfully observe and comply with the provisions of
the The Child Labour (Prohibition & Regulation) Act 1986, Contract Labour
(Regulation & Abolition) Central Rules 1971 and other Central and State Rules
as amended from time to time and applicable to the work, and shall duly,
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facilities required to be maintained and or provided in terms thereof or any


licence granted thereunder.
42.3 The CONTRACTOR shall ensure that wages are paid by himself or by his sub-
contractors to their workmen directly without the intervention of any Jamadars or
Thekedars and that no amount by way of commission or otherwise is deducted or
recovered by the Jamadars from the wages of the workmen.
42.4 The OWNER shall be entitled at all times to carry out any check(s) or
inspection(s) of the CONTRACTOR’s facilities, records and accounts to ensure
that the provisions aforesaid are being observed by the CONTRACTOR and the
sub-contractors and that the workmen are not denied the rights and benefits to
which they are entitled under such provisions. Any violation shall, without
prejudice to any other rights or remedies available to the OWNER, constitute a
ground for termination of the Contract as though specifically set forth under
Clause 40.1 thereof.
42.5 Nothing in the Contract Documents stated shall anywise constitute any
workman/employee of the CONTRACTOR or any sub-contractor as or to be a
workman/employee of the OWNER, or place obligation or liability in respect of
any such workman/employee upon the OWNER.
42.6 The CONTRACTOR shall not employ in connection with the work any person
below the prohibited age of employment.
42.7 The establishment of the CONTRACTOR and its sub-contractors shall be duly
registered under the Employees’ Provident Fund and Miscellaneous Provisions
Act, 1952 and the Employees’ State Insurance Act, 1948 and the CONTRACTOR
shall duly and timely pay and ensure payment by its subcontractors of
contributions and its/their employees to the Authorities prescribed under the
said Acts and any schemes framed thereunder in respect of all labour employed
by it/them for the execution of the contract. Copies of challans/receipt of such
payments along with the list showing persons employed together with
emoluments paid for the purpose of P.F. deductions shall be submitted to the
OWNER before the end of every calendar months. In case the Provident Fund
Authority’s receipted challan referred to above are not furnished, the OWNER
shall deduct 5% (five percent) of the payable amount from the CONTRACTOR’s
running bill for services and retain the same as a security for the payment of the
Provident Fund. Such retained amounts shall be released to the CONTRACTOR
only on production of challan/receipts of the Provident Fund Authority for the
period covered by the related deduction.
42.8 On receiving information of any breach, non-fulfillment and/or non-observance by the
CONTRACTOR and/or his sub-contractors and other agencies engaged by him in
connection with the Works or any of the provisions or requirements of any of the Labour
Laws, rules and regulations and/or as to the inaccuracy of any of the returns or
statements furnished by the CONTRACTOR and/or his sub-contractors and/or any
records or accounts maintained by any of them with respect to which the OWNER as the
principal employer or otherwise can have a liability, the OWNER shall be entitled to
deduct from the bills and any amounts due or becoming due to the CONTRACTOR,
under this or other contract(s) with the CONTRACTOR, any sum(s) required or
estimated to be required, in its judgement which shall be final and binding on the

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CONTRACTOR, for making good or compensating for the liability or possible liability of
the OWNER by reason of the said breach, non-fulfillment or non-observance and/or
inaccuracy aforesaid.
42.9 The CONTRACTOR shall indemnify and keep indemnified the OWNER from and
against all actions, claims, demands and liabilities whatsoever under and in
respect of the breach of any of the provisions hereof and/ or against any claim,
action or demand by any workman/ employee of the CONTRACTOR or any
subcontractor and/or from any liability anywise to any subcontractor under any
law, rules or regulation having the force of law including (but not limited to) claims
against the OWNER under the Workmen's Compensation Act 1923, the
Employees Provident Funds and Miscellaneous Provisions Act 1952, the
Employee's State Insurance Act 1948, the Contract Labour (Abolition &
Regulation) Act 1970 and/ or The Child Labour (Prohibition & Regulation) Act
1986.
42.10 The CONTRACTOR and his sub-contractors and agents employed by him for
and/or in the performance of the Works shall strictly abide by and observe the
provision of the "CONTRACTORS' Labour Regulations" and the "Model Rules for
Labour Welfare" as set out in Annexure- XV and Annexure-XVI to these
Special Condition of contract , which shall be binding on the CONTRACTOR, his
sub-contractors and agents.
42.11 In the event of an irreconcilable conflict between the provisions herein and the
provisions contained in the "Contractors' Labour Regulations" and/or the "Model
Rules of Labour Welfare" (as set out in Annexure- XV and Annexure-XVI hereto),
the "Contractors' Labour Regulations" and "Model Rules for Labour Welfare"
shall prevail to the extent of the irreconcilable conflict.
42.12 In the event of irreconcilable conflict between the "Contractors' Labour
Regulations" and/or the "Model Rules for Labour Welfare" (set out in Annexure-
XV and Annexure-XVI hereto) and any applicable law, rule or regulation, the law,
rule or regulation shall prevail over the "Contractors' Labour Regulation" and/or
the "Model Rules for Labour Welfare", as the case may be, and shall be complied
with.
43.0 RISK, ACCIDENT AND DAMAGE
43.1 The CONTRACTOR shall take due precaution to avoid damages to any
pipelines, Railway lines, roads, canals, cables, culverts, bridges, drains, sewer,
telegraph and telephone lines, water mains, dykes, poles, pillars, fences, wires,
supports and embankments and other underground or over ground works,
structural or constructions whatsoever and shall at his own cost and initiative
forthwith restore and repair any damage thereto to the satisfaction of OWNER
and/or the person or authority concerned relative to the line, pipe or other works,
construction of installation as the case may be.
43.2 The CONTRACTOR shall be responsible at his own cost in and relative to
performance of the work(s) and contract to observe and to ensure observance
by his sub-contractor’s agents and servants, of the provisions of the safety code
as hereinafter appearing and all fire, safety and security instructions and
regulations as may be prescribed by the OWNER, the Central Government or

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any State Government, any Marine or Port Authority or any other body or
authority legally authorised to issue such instructions or regulations, from time
to time and such other precautions and measures as shall be necessary, and
shall employ/deploy all equipment necessary to protect all works, materials,
properties, structures, equipment, installations, communications and facilities
whatsoever from damage, loss or other hazard whatsoever (including but not
limited to fire, collision or explosion) and shall during construction and
other operations, minimise the disturbance and inconvenience to the
OWNER, shipping, transportation, the public and the adjoining land and
property of the OWNER and occupiers, and crops, trees and vegetation
43.3 The CONTRACTOR shall indemnify and keep indemnified the OWNER from and
against all losses and damages (including relative to any gas, crude oil, refined
products and other commodities lost) and costs, charges and expenses and
penalties, actions, claims, demands and proceedings whatsoever suffered or
incurred by or against the OWNER, as the case may be, by virtue of any loss,
alteration, displacement, disturbance or destruction or accident to any vessel,
works, material, property, structure, equipment, installation, communication and
facility and land and property of the OWNER and occupiers and crops, trees and
vegetation as aforesaid, with the intent that the CONTRACTOR shall be
exclusively responsible for any accident, loss, damage, alteration,
displacement, disturbance or destruction as aforesaid directly or indirectly
from any breach by the CONTRACTOR of his obligations aforesaid or upon any
operation, act or omission of the CONTRACTOR, his Sub-contractor(s) or his
or their agent(s) or servant(s).
44.0 INDEMNITY
44.1 The CONTRACTOR shall at all times indemnify and keep indemnified the
OWNER and its officers, servants, agents from and against all third party claims
whatsoever (including but not limited to property loss and damage, personal
accident, injury or death of/or to property or person of any Subcontractor and/or
the servants/agents of the CONTRACTOR or any Subcontractor(s) and/or the
OWNER) arising out of any act or omission of the CONTRACTOR
and the CONTRACTOR shall at his own cost and initiative at all times upto the
successful conclusion of the defect liability period specified in Clause 33.1 hereof
take out and maintain all insurable liabilities under this Clause, including but not
limited to third party insurance and liabilities under the Motor Vehicles Act,
Worker’s Compensation Act, Fatal Accidents Act, Personal Injuries Insurance
Act, Emergency Risk Insurance Act and/or other Industrial Legislation from time
to time in force in India with Insurance Company(ies) approved by the
OWNER, and such policy(ies) shall be of not lesser limit then the limits
hereunder specified with reference to the matters hereunder specified, namely.
a) Workmen’s Compensation Insurance to the limit to which compensation
may be payable under the laws of the Republic of India.
b) Third party Insurance for body injury and property damage to the limit as
per applicable statutory laws but not less than Rs. 10,00,000 (Rupees One
Million only) in each accident at each job site and to a limit of not less than
Rs. 100,00,000 (Rupees Ten Million only) for all accidents at all job sites.

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Provided that the limits specified above shall operate only as a specification
of minimum limits for insurance purposes, but shall not anywise limit the
CONTRACTOR’S liability in terms of this clause or otherwise to the limit(s)
specified.
44.2 Should the CONTRACTOR fail to take out and/or keep afoot insurance as
provided for in the foregoing clause the OWNER shall be entitled (but without
obligation to do so) to take out and/or keep afoot such insurance at the cost and
expense of the CONTRACTOR, and without prejudice to any other rights or
remedies of the OWNER in this behalf, to deduct the sum(s) incurred therefore
from any amounts howsoever becoming payable to the CONTRACTOR.
44.3 In addition, the CONTRACTOR shall protect, defend, indemnify and hold
the OWNER harmless from and against:
a) Any and all losses arising directly or indirectly from or incurred by reason of
the acts or omissions of the CONTRACTOR, its Affiliates, Subcontractors or
Suppliers or any of the irrespective officers, directors, employees, servants
or agents in the performance of CONTRACTOR’s obligations under this
Contract, whether or not resulting from any defect in or condition of the
premises on which the Works are or are to be performed, or any equipment
thereon or any materials furnished by OWNER, including any losses arising
from or in respect of or in consequence of any illness, accident or injury to
any employees, directors, servants or agents of the CONTRACTOR, its
affiliates, subcontractors or suppliers.
b) Any and all losses, arising directly or indirectly from or incurred by reason of
claims or sanctions or penalties imposed by any Governmental Authorities
or others for any actual or asserted failure by the CONTRACTOR or its
affiliates, sub-contractors or suppliers or any of their respective officers,
directors, employees, servants or agents to comply with any applicable law
or applicable consent(s), sanction(s) and/or authorization(s) or with any
rules or regulations applicable to it or them or to obtain or maintain any
such consent, sanction or authorization.
c) any and all losses, arising directly or indirectly from or incurred by reason of
any failure of CONTRACTOR or any sub-contractor or supplier (i) to pay
any taxes relating to income or any other taxes required to be paid by such
person (ii) to pay any amounts in respect of taxes which are to be paid
by such person in connection with the performance of its obligations
relating to this Contract or (iii) to file tax returns as required by
applicable laws or comply with reporting or filing requirements under
applicable law relating to taxes or (iv) arising directly or indirectly from or
incurred by reason of any misrepresentation by or on behalf of such
person to any competent authority in respect of taxes (nothing in this
clause shall restrict any person’s right to bonafide contest the amount of any
tax or other liability owed to a competent authority provided such contest is
bonafide and made in good faith); and
d) any and all losses arising directly or indirectly from or incurred by reason of
hazardous materials introduced to the job site or works or any
other location by the CONTRACTOR, its affiliates, sub-contractors or

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suppliers or its or their agents in or in connection with the performance of the


Contract
45.0 EFFECTS OF INSURANCE
45.1 The obligations of CONTRACTOR to indemnify and hold harmless the OWNER
under the Contract shall not be limited or reduced to any insurance provided
pursuant to the Contract or otherwise, provided always that the proceeds of any
such insurance shall in the first instance be applied to meet the obligations of the
CONTRACTOR under the relative indemnity(ies).
46.0 CONTRACTOR’S LIABILITY
46.1 The aggregate liability of the CONTRACTOR to the OWNER (whether based
on contract or tort, including negligence and strict or absolute liability) arising out
of or under this Contract shall not exceed Twenty percent (20%)of the
Lumpsum Price provided that no such limit shall apply in respect of:
i. Any liability pursuant to CONTRACTOR’s indemnity obligations under the
Contract ; or
ii. any loss resulting from fraud, intentional or wilful misconduct or illegal
or unlawful acts or omissions of CONTRACTOR, its affiliates or any
sub-contractor or any supplier or any of its or their respective officers,
directors, employees, servants or agents;or
iii. any liability to rectify, repair, restore or replace any materials
and/or works or deficiencies therein in terms of the Contract;
iv. any liability under clause 40.7. or Clause 40.9 of SCC;
v. In the event of any claim or loss or damage arising out of infringement of
Intellectual Property;
vi. For any damage to any third party, including death or injury of any third
party caused by the Contractor or any person or firm acting on behalf of
the Contractor in executing the Works
vii. Contractor’s Liability for Price Adjustment for utility consumption as per
Annexure-II to SCC
viii. Contractor’s Liability for Process Guarantees(if any) or other Guarantees
as mentioned in the Technical Part
AND provided always that such limitation shall exclude any amounts recovered
under any policy(ies) of insurance taken out and/or maintained by the
CONTRACTOR pursuant to the provisions of the Contract.
47.0 TRAINING OF APPRENTICES
47.1 The CONTRACTOR shall if so required by law, himself engage and/or procure
engagement by his subcontractor(s) of such number of apprentices and for
such period as may be required in this behalf in accordance with the provisions
of the Apprentices Act, 1961 and any other act, rule and/or regulation having the
force of law, regulating upon the employment of apprentices, and the
CONTRACTOR shall be responsible at his own cost and initiative and without
entitlement to any extra compensation or remuneration from the OWNER in

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this behalf, to fulfill all obligations of the employer under the said Act,
including liability for payment to apprentices as required thereunder.
48.0 RECORDS AND INSPECTION
48.1 The CONTRACTOR shall if and when required by the Engineer-in-Charge
relative to the execution of the Contract produce or cause to be produced before
the Engineer-in-Charge or any other person designated by the Engineer-in-
Charge in this behalf, for examination, any records and documents in the
possession of the CONTRACTOR or any subcontractor or subsidiary or
associated firm or company or the CONTRACTOR or any sub-CONTRACTOR,
and/or copies or extracts thereof and/or other information or returns relative
thereto. Such returns shall be verified in the manner prescribed by the Engineer-
in-Charge or other officer aforesaid designated in this behalf. The
CONTRACTOR shall in addition produce and/or caused to be produced before
the Engineer-in-Charge or any other person designated by the Engineer-in-
Charge in this behalf, for examination any vouchers, bills and orders etc. required
for verifying or ascertaining the cost of any material, labour, service or item
or thing, to calculate any monies payable under the Contract for which item
rates are not mutually agreed. The decision of the Engineer-in-Charge as to
whether any book, record, document, information or return is relevant for any of
the purpose aforesaid, shall be final and conclusive
49.0 PATENTS AND ROYALTIES
49.1 The CONTRACTOR undertakes that all equipment, machinery, instruments and
materials used or supplied by the CONTRACTOR or methods or processes
practiced or employed by the CONTRACTOR in the works shall not be covered
by any third party patent, design or other rights, with the intent that the OWNER
shall be entitled to the unfettered use of and right to the same and any
subsequent works in which the same are incorporated without any third party
right, claim or entitlement.
49.2 If any equipment, machinery, instruments and/or materials, used or
supplied by the CONTRACTOR, or methods or processes practiced or
employed by the CONTRACTOR in the performance of this contract or
resultant works, is/are covered by a patent, design or other rights under which
the CONTRACTOR, is not licensed, the CONTRACTOR shall before supplying or
installing or using or employing or practicing the same obtain such license(s) and
pay such royalty(ies) and license fees as may be necessary in connection
with the performance of this contract. In the event that the CONTRACTOR fails
to pay such royalty or obtain such license, the CONTRACTOR shall defend
at its own expense, any suit for infringement of patent, design or other right
which is brought against the CONTRACTOR and/or the OWNER as a result of
the failure, and shall pay any damages and costs awarded in such suit and shall
keep the OWNER indemnified from and against all other consequences thereof,
including (but not limited to) the costs incurred by the OWNER relative to such
proceedings and in obtaining legal advice or opinion(s) relative to such
proceedings, and shall perform all remedial and consequent works as shall
be necessary, and the provision of Clause 49.3 shall mutatis mutandis apply.

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49.3 Forthwith upon the CONTRACTOR acquiring any knowledge or information of


any patent, design or information or other right in respect of which a claim for
infringement of patent, design or other right could be brought involving any
equipment, machinery, instrument or materials used or supplied by the
CONTRACTOR or methods or processes practiced or employed by the
CONTRACTOR in the performance of the contractual works, the
CONTRACTOR shall notify the OWNER in respect thereof and shall, at its own
cost and initiative take such steps as shall be necessary to procure the relative
rights or licenses, or compound the relative claims, and/or shall at his own
cost and initiative re-design, re- fabricate, re-supply, re-place and/or install,
as the case may by alternative systems and works necessary to avoid
such patent, design or other rights within the CONTRACTOR’s scope of work
and within the time for completion in this behalf prescribed in the contract
documents, without entitlement to any additional remuneration in respect thereof,
and the CONTRACTOR shall, meanwhile, keep the OWNER indemnified from
and against all consequences and liabilities and losses, claims and damages
whatsoever. Excluded from the scope of this indemnity is any patent, design
information or other right arising out of work done or performed or materials
supplied strictly in accordance with the process design provided by the Process
Licensor within the exclusive scope of the Process Licensor.
50.0 ARTICLES OF VALUE FOUND
50.1 All gold, silver and other metals and minerals or ore of any kind or
description and all precious and semi-precious stones and bearing earth,
rock or shale, coins, treasures, treasure trove, bullion, antiques and other
items and things whatsoever which may be found under or upon the job site
shall, between the CONTRACTOR and the OWNER, be the exclusive
property of the OWNER and the CONTRACTOR shall, forthwith upon
discovery thereof, notify the OWNER of such discovery with the details of
the item(s) or things discovered and pending directions by the OWNER for
disposal thereof shall hold and preserve the same as trustee of the OWNER to
the satisfaction of the Engineer-in-Charge.
51.0 MATERIALS OBTAINED FROM DISMANTLING
51.1 Any materials obtained by the CONTRACTOR consequent upon dismantling –
mantling of any building, structure or construction upon the job site (not
being a temporary building, structure or construction erected by the
CONTRACTOR for the performance of the works by him ) shall be the exclusive
property of the OWNER. Dismantled materials to be properly stored or
transported to designated location as per the instructions of PMC/Owner.
52.0 LIENS AND LIABILITIES
52.1 If, at any time there is evidence of any item or claim for which the OWNER might
be or become liable and which in terms of the Contract or otherwise is
chargeable to or the liability of the CONTRACTOR, the OWNER shall have the
right to retain, out of any payment then due or thereafter becoming due to the
CONTRACTOR, an amount sufficient to completely indemnify the OWNER
against such lien or claim, and should the CONTRACTOR not dispute such lien

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or claim and/or if such lien or claim be found to be valid, the OWNER may pay
and discharge the same and deduct the amount so paid together with any legal
and other costs, charges and expenses incurred by the OWNER in defending
any action and/or in obtaining legal advice or opinion relative to the lien, claim or
action, from any monies retained as aforesaid and any monies then due or
thereafter becoming due to the CONTRACTOR, and if no monies have been
retained and/or if the same be insufficient to satisfy the payment(s) aforesaid, the
CONTRACTOR shall on demand pay to the OWNER the same, and failing such
payment within 10(ten) days or demand by the OWNER in this behalf, shall be
liable to pay interest on the amount due from the date of demand upto and until
the date of payment in full at the State Bank of India lending rate applicable to
the OWNER plus1%(one percent) per annum and the provisions hereof (insofar
as such notice shall be deemed to be necessary in addition to the contractual
provisions herein) shall be deemed to constitute a notice for the payment of
interest under the provisions of the Indian Interest Act,1978.
53.0 COLLECTION OF INDEBTEDNESS
53.1 Without prejudice to any other rights or remedies of the OWNER and in addition
to any other provisions thereof, the OWNER shall be entitled to deduct out of the
CPBG or the proceeds of any Bank Guarantee or any monies for the time being
of the CONTRACTOR in its hands and any payment then due or becoming due
to the CONTRACTOR on any account, any and all amounts claimed by the
OWNER from the CONTRACTOR arising out of or in connection with the
Contract.
53.2 Where the OWNER makes any deduction pursuant to the provisions of Clause
53.1 hereof, the OWNER shall furnish to the CONTRACTOR all details of the
deduction(s) with copies of the documents, if any, in support of the deduction(s).
54.0 LIABILITIES OF SUB – CONTRACTOR (S)
54.1 Without prejudice to any other liabilities or obligations of the CONTRACTOR
relative to Sub- contractor(s) in terms hereof or otherwise, the
CONTRACTOR shall require every Sub- contractor to whom any portion of the
work to be performed under the contract has been sub- contracted, to comply
with the provisions of the Contract insofar as applicable to each Sub- contractor,
and the CONTRACTOR shall hold the OWNER harmless and indemnified, from
and against any and all penalties, actions, claims and demands and costs,
charges and expenses whatsoever arising out of or occasioned by failure of
the CONTRACTOR or any Sub-contractor(s) to fully and properly comply
with any of the terms and conditions of Contract.
55.0 CONFIDENTIAL HANDLING OF INFORMATION
55.1 The CONTRACTOR and his employees, agents and Sub-contractors and
employees and agents of the Sub-contractors shall treat as strictly
confidential and shall take all steps necessary to ensure confidential handling
of all maps, plans, charts, designs, drawings, photographs, data, reports, tests,
specifications, methods and other information developed or acquired by the
CONTRACTOR from or by means of the tender documents or any facility
extended to the CONTRACTOR pursuant thereto or the award or performance of

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the contract or any of them or otherwise disclosed or made available to


the CONTRACTOR or any aforesaid persons and without prejudice to the
generality of the foregoing, the CONTRACTOR, its subcontractor( s) and their
respective employees and agents shall not report, disclose or reproduce the
same in any book, article, speech or other publications, provided always that,
the OWNER may, upon application by the CONTRACTOR to the OWNER
in this behalf, permit report, disclosure or reproduction of the same in any book,
article, speech or the publications if it is satisfied that this would not involve the
disclosure of any classified or other proprietary information which would not be in
the interest of public or security to disclose and/or which should not be in breach
of any obligation of confidentiality.
55.2 Application for such consent shall be submitted to the OWNER in writing
outlining the intended use of the relative material and shall be submitted to
the OWNER at least one month prior to the expected use accompanied by the
text of the relative publication in which it is sought to be used. Photographs
should be accompanied by their caption. An application shall not be understood
to have been permitted unless expressly permitted in writing by the OWNER.
56.0 WAIVER
56.1 It shall always be open to the OWNER, by written communication to the
CONTRACTOR, to waive in whole or part any right or the enforcement of any
right or remedy which the OWNER may have against the CONTRACTOR or of
any obligations which the CONTRACTOR may have hereunder, provided always
that:
56.1.1 No waiver shall be presumed or inferred unless made in a written communication
addressed by the OWNER to the CONTRACTOR and specifically communicated
as a Waiver;
56.1.2 No waiver of any right or part of any right on one occasion shall be deemed to be
a waiver or abandonment of that right for all occasions with the intent that a
waiver once given shall be limited to the specific waiver and shall be without
prejudice to the right of the OWNER to insist upon the strict adherence of the
attendant obligations of the CONTRACTOR and/or the future enforcement of the
right by the OWNER in respect of the same and/or any other dependent
obligation.
57.0 CONTRACTOR’S ESTABLISHMENT
57.1 It is understood that the establishment of the CONTRACTOR (and any
Subcontractor engaged by the CONTRACTOR) constitutes an independent
establishment involved interalia in undertaking works and/or services for others
of the nature and kind forming the subject matter of the Contract. It is
consequently understood that all the employees of the CONTRACTOR (and any
Sub-contract or engaged by the CONTRACTOR) are the employees of the
independent establishment of the CONTRACTOR or Sub-contractor (as the
case may be)who have been and will be appointed solely for and/or with
reference to the work of that establishment, and have not been and will not be
appointed specifically or otherwise for the sole purpose of the work covered by
the present Contract. To this end, each CONTRACTOR (and Subcontractor

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engaged by the CONTRACTOR) shall issue to each of its employees deputed to


the job-site to perform any work in relation to the Contract, a regular letter of
appointment for employment in the CONTRACTOR’s/Sub-contractor’s
independent establishment, with authority in the CONTRACTOR/ Sub-contractor
to employ or depute him for or in relation to any work or engagement assumed
by the CONTRACTOR/Subcontractor from time to time in the course of its
business and the production of a certified copy of each letter of appointment duly
acknowledged by the concerned employee shall be a pre-condition for the issue
of a Gate Pass to any employee of the CONTRACTOR/Sub-contractor into any
area, the entry to which is restricted by the OWNER.
58.0 OBSERVANCE OF ENVIRONMENTAL REGULATIONS AND
ENVIRONMENTAL PROTECTION.
58.1 The CONTRACTOR shall ensure that its servants and agents and
subcontractors and their servants and agents shall duly comply with all
environmental laws, rules and regulations and the conditions of any permit,
permission, consent and/or no-objection granted in this behalf by any authority
with respect to or concerning the work, and shall independently so organise and
conduct its operations and cause its sub-contractors to so organise and conduct
their operations as not to cause any hazard or pollution to health, life, property or
environment including (but not limited to) discharge of any noxious substance or
effluent into the atmosphere or into the earth or into any drain, canal, stream,
river, pond, lake or other water body.
58.2 The CONTRACTOR shall indemnify and keep indemnified the OWNER from and
against the breach, non-observance, infraction or dereliction of any of the
provisions of Clause 55.1 hereof, and against any and all claims, actions or
proceedings, prosecutions and liabilities, and losses and damages, and costs
(including legal costs), charges and expenses whatsoever suffered or incurred or
instituted against the OWNER as the case maybe.
59.0 REGISTRATION OF THE CONTRACTOR WITH STATUTORY AUTHORITIES
59.1 Within 2 Months from the date of issue of Letter of Acceptance (LOA), the
CONTRACTOR shall, in so far as necessary, register itself and the Contract at
its own cost with the Reserve Bank of India, Income Tax, GST and other
statutory authorities as required under the rules and regulations governing in
India. A copy of all documents related to all such registrations shall be submitted
to the OWNER for record.
59.2 Immediately after notification of the Letter of Acceptance, the CONTRACTOR
shall, in so far as necessary obtain permission for opening of office(s) in India
from the Reserve Bank of India.
60.0 STATUTORY APPROVALS
60.1 Unless otherwise specified, it shall be the CONTRACTOR’s sole responsibility to
obtain all approvals from any authority (except for environment clearance)
required under any statute, rule or regulation of the Central or State Government
concerned with the performance of the Contract and/or the contractual work (as
defined in CONTRACTOR’s scope under Technical Scope of work). The
application on behalf of the OWNER for submission to relevant authorities

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along with copies of required certificates complete in all respects shall be


prepared and submitted by the CONTRACTOR well ahead of time so that the
actual construction/commissioning of the works is not delayed for want of the
approval/inspection by the concerned authorities. The CONTRACTOR shall
arrange for the inspection of the works by the authorities and will undertake
necessary coordination and liaison required and shall not been titled to any
extension of time for any delay in obtaining such approvals.
60.2 Any deficiency(ies) as pointed out by any such authority shall be
rectified by the CONTRACTOR within the scope of relative supply and/or
Work at no extra cost to the OWNER. The inspection and acceptance of the
Works by such authorities shall, however, not absolve the CONTRACTOR from
any of its responsibilities under this Contract.
60.3 Statutory Approval of Oil Industry Safety Director (OISD) is also required to be
taken by the CONTRACTOR and any deficiency(ies) as pointed out by Internal,
Third party and OISD audit team shall be rectified by the CONTRACTOR within
the scope of relative supply and/or Work at no extra cost to the OWNER.
60.4 No extension of time shall be granted for meeting the requirement and/or
obtaining approval of statutory authorities.
60.5 Statutory fees paid, if any, for all such inspections and approvals by authorities
shall be deemed to be included in the quoted prices, if not specified otherwise.
61.0 RENTS & ROYALTIES
61.1 Unless otherwise specified, the CONTRACTOR shall pay all tonnage and
other royalties, rents and other payments or compensation (if any) for getting
stone, sand, gravel, clay, bricks or other materials required for the works or any
temporary works and the price quoted shall be deemed to be inclusive of such
payment
61.2 The Contract Price shall include the royalty on different applicable items as per
the prevailing State Government rates. In case OWNER is able to obtain the
exemption of royalty from the State Government, the CONTRACTOR shall pass
on the same to the OWNER for all the items involving royalty. Any increase in
prevailing rates of royalty shall be borne by the CONTRACTOR at no extra cost
to the OWNER.
62.0 UTLISATION OF LOCAL RESOURCES
62.1 The CONTRACTOR shall ascertain the availability of local sub-Contractor’s
and skilled/unskilled manpower and engage them to the extent possible for
performance of the works. Contractor to follow Govt. Regulation if any for
utilisation of local resources.
62.2 The CONTRACTOR shall not recruit personnel of any category from among
those who are already employed by the other agencies working at the site, but
shall make maximum use of local labour available.
63.0 GOVERNMENT REGULATIONS
63.1 The CONTRACTOR shall comply with and ensure strict compliance by his/its
subcontractors, servants and agents of all applicable Central, State, municipal
and local laws and regulations of any Central, state or local bodies and

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authorities and undertakes to indemnify the OWNER from and against all levies,
damages, penalties and payments whatsoever as may be imposed by reason of
any breach or violation by the contractor or its sub contractors or agents or by the
respective personnel of any law, rule or regulation whatsoever and from and
against all actions, claims and demands arising there from and/or relative thereto.

64.0 TERMS OF PAYMENT


64.1 For Payment terms refer Annexure-X of this Special Conditions of Contract.
65.0 INSURANCE
The Provisions of the GTC (Clause No .6.e) with respect to Insurance of
materials for permanent incorporation and services stand partially modified to the
following extent
65.1 OWNER shall arrange Insurance for the materials and services for permanent
incorporation covered under this Tender. OWNER will share risks covered
under OWNER’s MCE insurance policy with bidder and the bidder is free to
take additional coverage depending on their risk appetite. However OWNER
should be co-insurer for all additional policy that CONTRACTOR take.
CONTRACTOR to provide the copy of Purchase orders placed by
CONTRACTOR to their Sub-contractor/sub-supplier at least three months
prior to despatch/import of equipment /materials . The Invoice of Sub-
supplier/sub-contractor, Bill of Entry and Bill of Lading shall be endorse
that the „Material is intended for the use of OWNER“.
65.2 Any loss or damage to the materials or any of them during ocean transportation,
port/custom clearance, during inland and port handling, Inland transportation,
storage, erection, final test and commissioning, shall be to the account of
CONTRACTOR and, the CONTRACTOR shall be exclusively responsible within
the scope of supplies in respect of materials and within the scope of services in
respect of works to make good any damage or loss to the materials and works by
way of repairs and/or replacement, as the case may be pending insurance claim
and no delay shall be made by the CONTRACTOR in repair/ replacement
pending such claim. OWNER shall raise the insurance claim in case of damage
to the materials and/ or works and all supporting documents for such claims shall
be handed over by the CONTRACTOR to the OWNER immediately.
CONTRACTOR shall provide all assistance for such a claim.
a) The CONTRACTOR shall bear the entire cost of arranging all documents/
information, facilitating inspection/ discussions by the officials/ surveyors
deputed by the Insurer. The CONTRACTOR shall make all efforts to get
settlement of claim at the earliest and no time extension for completion of
work will be given for delay on this account.
65.3 The cost of depreciation, if any, shall be borne by the CONTRACTOR.
65.4 CONTRACTOR shall be liable solely to adhere to the requirements of the insurer
for settlement of claims without prejudice to the rights of OWNER/Insurer. During
claim, following steps, which are not exhaustive, are required to be taken by
CONTRACTOR:

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a) Timely information of occurrence of risk event i.e. within 24 hours, for


conducting survey.
b) Protecting the rights of insurer while issuing acknowledgements.
c) Lodging of monetary claims in time and furnishing of requisite documents to
surveyors/Insurer.
d) Taking necessary precautions so that the loss/damage is not aggravated
further.
e) Fully protecting the Damaged goods.
65.5 Any money received by the OWNER under any policy or policies of insurance
shall be held by the OWNER for proportionate payment to the CONTRACTOR in
respect of any appropriate repairs undertaken and/or replacement(s) made by the
CONTRACTOR. However, the payment to the CONTRACTOR shall be
limited to the amount settled and received by OWNER from the Insurance
Company. Should the CONTRACTOR fail to undertake in whole or part such
repairs and/or replacement(s) and other works necessary consequent upon the
occurrence of any contingency covered by such insurance, OWNER shall be
entitled to get the work done in whole or parts for such repair/replacement
through any other agency(ies), without prejudice to any other rights or remedies
available to the OWNER, at the sole risk & cost of the CONTRACTOR. All cost
towards carrying out survey at different points of transit of goods for the purpose
of obtaining above insurance policy for the works shall be included in the
insurance policy taken by CONTRACTOR.
65.6 Subject to clause 65.5 above, if the insurance claim amount as settled by
insurance company is in foreign currency for the Marine Cover and Erection All
Risk Cover Insurance the same shall be paid by OWNER to the CONTRACTOR
in foreign currency.
65.7 CONTRACTOR shall at his own cost and expense cover all insurance required
under the prevailing statutes for his personnel and his sub-contractors. This shall
include but not be limited to individual personal accident insurance / coverage
under Workmen Compensation Act etc.
65.8 CONTRACTOR shall at his own cost and expense also obtain suitable insurance
policies to cover all third party liabilities, Workmen Compensation for all his
employees/ Subcontractors, vehicles, and all his tools, tackles, construction
equipment etc. CONTRACTOR has to take insurance from IRDA approved
insurance companies.
65.9 The insured amount under the Erection All Risk Cover Insurance shall be for full
replacement value. The above cover shall be subject to deductibles on account of
excess, which shall be borne by the CONTRACTOR and are as follows:

a) Normal Period/Policy 5% of Claim amount subject to minimum


excess Rs.75,00,000/-
b) Fire/Explosion excess 10% of Claim amount subject to minimum
Rs.1,50,00,000/-

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c) Theft & Burglary excess 5% of Claim amount subject to minimum


Rs.50,00,000/-
d) Testing Period excess 10% of Claim amount subject to minimum Rs.
1,50,00,000/-
e) . AOG claims 10% of Claim amount subject to minimum
Rs.1,50,00,000/-
f) Third Party Liability Rs. 25,00,000 each occurrence
T
g) Marine claims 0.25% of consignment amount subject to a
h
minimum of Rs. 5,00,000 in case of indigenous and
e
minimum Rs. 15,00,000 in case of import.
h) e Catalyst 5% of claim amount minimum Rs.2,50,000/- over
x and above policy excess
c
The excess shall be applicable per event per insured.
65.10 Separate insurance to the extent of deductibles on account of excess may be
arranged by CONTRACTOR at his own cost.
65.11 CONTRACTOR shall also obtain all insurance as stipulated in the General terms
& Conditions of Works Contract (GTC) including Clause no 44.0 (Indemnity) of
the SCC.
65.12 Although the insurance is taken by the OWNER as mentioned in the bidding
document, any theft/loss/ damage of OWNER consigned materials/ equipment
(issued as free issue basis) while in custody of the CONTRACTOR during the
execution of the contract, the contractor shall be responsible for the watch and
ward and safety and security of Material. Storage and safe custody of all
materials shall be the sole responsibility of the contractor. CONTRACTOR shall
not be entitled to for any extension in time. The CONTRACTOR shall be solely
responsible for the consequences such as delay in project schedule and
implication of any penalty thereof. In such eventuality, the contractor shall
promptly take all necessary corrective action at his own cost to arrest the delay in
Project Schedule. As such, the CONTRACTOR for its own interest shall keep
and maintain all security measures as deemed necessary at all times and the
quoted price shall include such provisions.
OWNER will take MCE Policy covering Marine and Erection ALL Risk (EAR)
Cover. The policy covers Marine open cargo covering Transit Risk/ Sea/ Air/
Road. The EAR policy shall cover activities carried out at the site (i.e. Refinery)/
Warehouse and fabrication yard in the name of OWNER.
65.13 The CONTRACTOR has to take:
i) CPM Policy (CONTRACTOR’s Plant and Machinery)
ii) MCE cover (including fire) for his own materials and his own fabrication
yards
iii) Third Party Liability Policy
iv) Suitable Add On cover for covering policy excess of OWNER’s MCE
policy

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v) The insurance policies covered under 6.e of GTC other than OWNER’s
MCE Policy
65.14 Deleted.
66.0 DELETED

67.0 SUB-CONTRACTING
67.1 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 approvals by OWNER after award of this Work.
67.2 Following the notification of acceptance of Bid the CONTRACTOR will submit to
the OWNER for approval, the details of Sub-Contractors as per Annexure-III to
these Special Conditions of Contract. CONTRACTOR shall ensure that every
competent and resourceful agencies with proven track record and performance
should be proposed for the work to be sub-contracted.
67.3 Any bidder who had submitted the bid for this tender and does not get the
contract because of his being not the lowest will be prohibited from working as
sub-contractor for execution of this contract.
68.0 QUALIFICATION AND EXPERIENCE OF THE SUPERVISORY PERSONNEL
68.1 Qualification and experience of key supervisory construction personnel to be
deployed for this works shall be as per Annexure-IV to these Special Conditions
of Contract. CONTRACTOR shall submit bio data of key supervisory personnel
meeting the requirement of this Annexure after award, which will be reviewed and
approved by Engineer-in-charge.
68.2 All key staff employed at the site by the CONTRACTOR shall be considered
essential to the performance of the work, and all key staff shall be subjected to
approval of OWNER/ Engineer-in-Charge. However such approval shall not relieve
the CONTRACTOR of any of his contractual obligations. No staff including Resident
Engineer and other technical supervisory staff shall be removed or transferred from
the work with the prior written permission of the OWNER/ Engineer-in-Charge. The
OWNER / Engineer-in-Charge shall however have the authority to order the removal
of staff from site of any undesirable personnel, the replacement of such personnel
shall be carried out by the CONTRACTIR within 15 (fifteen) days from the
notification from OWNER/ Engineer-in-Charge. If key staff becomes unavailable for
assignment to the work for reasons beyond the CONTRACTOR’s control, the
CONTRACTOR shall immediately notify the OWNER/ Engineer-in-Charge to
evaluate the impact on the project. Prior to substitution or addition of any key staff,
the CONTRACTOR shall obtain OWNER’s / Engineer-in-Charge’s written consent
as to the acceptability of replacements or additions to such personnel. The
CONTRACTOR shall at all times be fully responsible for the acts, omissions,
defaults and neglect of all his representatives, agents, servants, workmen and
suppliers and this of his Sub-Contractors.
69.0 CRITICAL EQUIPMENTS
69.1 Deleted.

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70.0 MAJOR TAGGED EQUIPMENTS


70.1 For the purpose of clause No. 3.2.1 (i) of Terms of payment ( Annexure-X to
Special Conditions of Contract, the major tagged Equipment shall be as
specified in Annexure- VI to Special Conditions of Contract.

71.0 FREE ISSUE MATERIAL


71.1 The list of Free Issue Materials & its schedule is indicated in Annexure–VII of this
SCC.
72.0 REQUIREMENT OF DOCUMENTATION
72.1 The CONTRACTOR shall adhere to the requirements for Documentation as per
Technical Section of Bidding Document.
73.0 UNDERGROUND OBSTRUCTIONS:
73.1 Site shall be handed over to the bidder after removal of underground
obstructions. However, in case any underground obstructions are encountered by
the CONTRACTOR during execution of the job, same shall be cleared off by the
CONTRACTOR to the extent required for the execution of the job within the
boundary limits defined for the package – with prior intimation to the PMC/
OWNER.
73.2 No time implication is permitted. Cost implication – if admissible, shall be
considered at actuals, basis certification of the PMC/OWNER.
74.0 CONSEQUENTIAL LOSSES:
74.1 Neither Party shall be liable to the other Party for any kind of indirect or
consequential loss or damage including, loss of use, loss of profit, loss of
production or business interruption which is connected with any claim arising
under the Contract.
75.0 RELATIONSHIP WITH CONSORTIA
75.1 Where the CONTRACTOR is a consortium, the members of the consortium shall
nominate or appoint one amongst them to be the consortium leader/ prime
member (as during the bidding stage) and to represent them in all dealings with
the OWNER and to do all acts, deeds, matters and things required to be done by
the CONTRACTOR under the contract, including (but not limited to) exchange of
correspondence, raising invoices, drawings, documents and receiving payments.
Failing such nomination or appointment, the OWNER shall be entitled at its
discretion to nominate any one member of consortium to be the consortium
leader and to represent the CONTRACTOR and/or to deal with the OWNER. The
Consortium leader must be a person/entity who satisfies the qualification criterion
for bidding.
75.2 All dealings had with and/or all acts, deeds, matters and things done by or
payments made to and invoices/documents drawn and/or negotiated by a
person/entity appointed or nominated by the consortium or the OWNER as
aforesaid shall be binding upon the CONTRACTOR and each member of the
consortium, and in so far as the OWNER shall require a discharge in respect of

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any dealing had or act, deed, matter or thing done or payment made as
aforesaid, the same shall constitute a valid discharge to the OWNER.
75.3 Each and every member of the consortium shall be jointly and severally liable to
the OWNER for and in respect of all liabilities and obligations of the
CONTRACTOR under the Contract.
75.4 The constitution of the consortium or the relative distribution of work(s) and/or
activities amongst the consortium members within the relative expertise of each
as approved by the OWNER shall not be altered or assigned, as the case may
be, except with the prior written consent of the OWNER with the intent that any
contrary alteration or assignment shall be deemed to be an unauthorised
assignment of contract with attendant liabilities including termination of contract.
76.0 ERRANT BIDDER
In case after price bid opening the lowest evaluated bidder (L1) is not awarded
the job for any mistake committed by him in bidding or withdrawal of bid or
varying any term in regard thereof leading to re-tendering, OWNER shall forfeit
Earnest Money paid by the bidder and such bidders shall be debarred from
participation in re-tendering of the same job(s)/ item(s).
77.0 CORRUPT AND FRAUDULENT PRACTICES
77.1 The CONTRACTOR during the bidding stage are 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/
fake/ forged, the same shall be considered adequate ground for rejection of the
bids and forfeiture of earnest money deposit.
77.2 OWNER requires that the CONTRACTOR observes the highest standard of
ethics during the execution of Contract. In pursuance of this policy, OWNER
defines, for the purposes of this provision, the terms set forth below as follows:
a) “Corrupt Practice” means the offering, giving, receiving, or soliciting of anything
of value to influence the action of public official in contract execution;
b) “Fraudulent Practice” means a misrepresentation of facts in order to influence
the execution of a Contract to the detriment of 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 OWNER of the
benefits of free and open competition.
c) “False/Fake” means to make or construct falsely. “Faked alibi” is a made,
manufactured, or false alibi. Something that is not what is purports to be;
counterfeit, an imposter.
d) “Forgery” means the false making or the material altering of a document with the
intent to defraud. A signature of a person that is made without the person’s
consent and without the person otherwise authorizing it. A person is guilty of
forgery if, with the purpose to defraud or injure anyone or with knowledge that he
is facilitating a fraud or injury to be perpetrated by anyone, the actor (i) alters any
writing of another without his authority (ii) makes, completes, authenticates,
executes, issues or transfers any writing, so that it purports to be the act of
another who did not authorize that act or to have been executed at a time or

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place or in a numbered sequence other than was in fact the case, or to, be a
copy of an original when no such original exists. Utters any writing which he
knows to be false in a manner specified in d (i) & (ii) above.
77.3 OWNER may terminate the Contract if it discovers subsequently that the
CONTRACTOR had engaged in Corrupt Practices or Fraudulent Practices in
competing for the Contract.
78.0 SITE ORGANISATION
78.1 The CONTRACTOR shall without prejudice to his overall responsibilities and
liabilities to provide adequate qualified and skilled personnel on the work. and
augment the same as decided by the Engineer-in-Charge from time to time
depending on the exigencies of work. In addition to this CONTRACTOR shall
deploy qualified and experience Safety Supervisors to ensure safer working
conditions at site. In case where the works are Sub-Contracted by the main
CONTRACTORs, Safety Supervisors are to be provided by the main
CONTRACTOR.
79.0 GENERAL GUIDELINES DURING AND BEFORE ERECTION:
79.1 The CONTRACTOR shall be responsible for organizing the lifting of the
equipment in the proper sequence for orderly progress of the work and to ensure
that access routes for erecting the other equipment’s are kept open.
79.2 Orientation of all foundations, elevations, lengths and disposition of anchor bolts
and diameter of holes in the supports and saddles shall be checked by the
CONTRACTOR well in advance of the installation. Rectifications, including
chipping of foundations, shall be carried out where necessary in consultation with
the Engineer-in-Charge. If a structural member needs to be dismantled to
facilitate the equipment erection, this shall be done by the CONTRACTOR after
ensuring proper stability of the main structure, based on design calculations, safe
workloads etc with the approval of Engineer-In-charge. All such dismantled
members shall be put back in position to the satisfaction of Engineer-in-Charge
after the completion of the equipment erection.
79.3 During the performance of the work the CONTRACTOR shall at his own cost
keep structures, materials and equipment adequately braced by guys, struts or
other approved means which shall be supplied and installed by the
CONTRACTOR as required till the installation work is satisfactorily completed.
Such guys, shoring, bracing, strutting, planking supports etc. shall not interfere
with the work of other agencies and shall not damage or cause distortion to other
works executed by the CONTRACTOR or other agencies.
79.4 The CONTRACTOR shall duly comply with manufacturer(s) recommendations
and detailed specifications for the installation of the various equipment and
machines.
79.5 Various tolerances required as marked on the drawings and/or in accordance
with the specifications and/or instructions of the Engineer-in-charge shall
be maintained. Verticality shall be verified with the Theodolite and shall be
maintained.

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79.6 CONTRACTOR shall comply to OWNER’s work permit system before any
erection activities.

80.0 MECHANISATION OF CONSTRUCTION ACTIVITIES AND MOBILISATION


OFCONSTRUCTION EQUIPMENT
80.1 Mechanisation of Construction Activities
80.1.1 The CONTRACTOR shall mechanise the construction activities to the maximum
extent by deploying all necessary construction equipment/machinery in adequate
numbers and capacities.
80.1.2 The responsibilities of CONTRACTOR shall include establishing and maintaining
of a proper fabrication workshop with transportation facilities to site to carryout
fabrication of steel structures, piping specials etc., preparing approaches working
areas for the movement/operation of cranes and levelling the areas for assembly
/ erection to ensure effective mechanisation on the works. It shall be the
responsibility of the CONTRACTOR to carry out leveling / dressing / grading with
a proper approach for the movement of equipment and machinery, at his own
cost. No extra payment shall be made by the OWNER for leveling / dressing /
grading. The CONTRACTOR shall acquaint himself with availability of access,
facilities such as railway siding, local labour etc. and the CONTRACTOR may
have to build temporary access roads to aid his work and the Lumpsum contract
Prices shall be deemed to include the same.
80.1.3 For speedy execution of work, CONTRACTOR shall also ensure use of latest
computer software for at least the following:
a) Billing
b) Planning & Scheduling
c) Progress Reporting
d) Material Control & Warehousing
e) Safety Records
f) Resource Deployment
g) Communication
80.1.4 CONTRACTOR further agrees that Contract price is inclusive of all the
associated costs, which he may incurred for actual mobilization, demobilization
required in respect of use of mechanized construction techniques and that the
OWNER/ PMC in this regard shall entertain no claim whatsoever.
80.2 Mobilisation of Construction Equipments
80.2.1 The CONTRACTOR shall without prejudice to his responsibilities to execute and
complete the work as per the specifications and time schedule, progressively
deploy minimum construction equipment, tools and tackles and further augment
the same depending on the exigencies of work and as decided by the Engineer-
in-Charge so as to suit the construction schedule within scheduled completion
date without any additional cost to OWNER. The bidder shall submit a list of
construction equipments he proposes to deploy for the subject work along with

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deployment schedule. No construction equipment shall be supplied by the


OWNER, unless specified by owner specifically in the bidding document.
80.3 Deleted.
80.4 Work in Monsoon Season
80.4.1 In addition to the clause No. 23.5 of SCC, CONTRACTOR shall submit within 15
days of award of work, to the Engineer-in Charge / OWNER, his contingency plan
for work during monsoon clearly stating their methodology/ strategy to progress
uninterruptedly during monsoon mentioning the deployment of resources viz,
numbers, capacity, category of equipment and manpower on a weekly basis for
approval. During monsoon and other periods, it shall be the responsibility of the
CONTRATOR to keep the construction work site free from water at his own cost
by deploying suitable dewatering pumps .The CONTRACTOR shall adhere to the
Special Conditions specified in Annexure-IX. The detailed procedure /
precautions to be followed during Monsoon season is explained in Annexure-IX
81.0 DISTINCTION BETWEEN SUB-STRUCTURE AND SUPERSTRUCTURE
81.1 To distinguish between work in sub-structure and superstructures, the following
criteria shall apply:
81.1.1 For all equipment pedestals, pipe racks, other foundations and RCC structures, work
done upto 300 mm level above finished grade level will be taken as work in sub-
structure and work above this level will be treated as work in superstructures.
81.1.2 Irrespective of what has been stated above, all pavements, RCC retaining wall, all
pipe sleepers and any similar item would be taken as work done in sub-structure
irrespective of locations nomenclature, and levels given anywhere. Where not
specifically pointed out all works in sumps, drains manholes, tank pads, cable
trenches or such similar items would be taken as work in sub-structure.
82.0 COMPLETION DOCUMENTS
82.1 The CONTRACTOR shall carryout various tests as called for in bidding document
either on field or at outside approved laboratories at his own cost. All test results
and related documents shall be submitted in 2 (Two) hard copies plus 4 (Four) soft
copies as part of completion documents for the work.
82.2 The following documents in-addition to documents specified in GTC shall be
submitted in hard binder by the CONTRACTOR as a part of completion documents:
a) Test Certificate from manufacturers for all supply material.
b) Welding Procedure Qualification Report and Welder Qualification Report if
applicable.
c) Execution drawing with all corrections / alterations duly marked and carried out
during the execution of the work and in as built condition.
d) Field Test report for all Civil, Structural and Electrical, Instrumentation system.
e) Material Inspection / Test report for supply of all material.
f) Original “No Demand Certificate” from the Administration & Personnel
Department regarding vacation of Land, housing accommodation if any,
recovery of rents, hire charges, return of surplus material, reconciliation
statement for all the material issued etc.

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g) Original “No Demand Certificate” regarding surrendering of Gate Passes etc.


h) All other requirements as specified in the respective specifications.
i) Any other drawing/ document/ report specified elsewhere in the Bidding
Document
Note: CONTRACTOR shall be eligible to apply for issue of completion certificate only
after submission of completion documents as mentioned above.
83.0 COORDINATION WITH OTHER AGENCIES
83.1 Work shall be carried out in such a manner that the work of other agencies operating
at the site is not hampered due to any action of the CONTRACTOR. Proper
coordination with other agencies will be responsibility of the CONTRACTOR. In case
of any dispute, the decision of Engineer-in-Charge shall be final and binding on the
CONTRACTOR.
84.0 SETTING OUT OF WORK
84.1 OWNER/ CONSULTANT shall furnish the relevant existing grid point with Bench
Mark, on the land. It shall be CONTRACTOR’S responsibility to set out the necessary
control points in and to set out the alignment of the various works. The
CONTRACTOR shall employ an efficient survey team for this purpose and the
accuracy of such setting out works shall be the CONTRACTOR’S responsibility.
84.2 The CONTRACTOR shall give the Engineer-in-Charge not less than 24 (Twenty four)
hours advance notice in writing of his intention to set out or give levels for any part of
the work so that arrangements may be made for checking the same.
84.3 Work shall be scheduled so as to enable checking lines and levels on any part of the
work.
84.4 The CONTRACTOR shall within the scope of work provide all assistance, tools,
gauges and instruments required to enable the Engineer-in-Charge to check the
setting out of works.
85.0 COORDINATION WITH CONSULTANT
85.1 CONTRACTOR shall coordinate with CONSULTANT for his day-to-day activities and
provide free access and assistance during the inspections and other activities to be
carried out by PMC. CONTRACTOR shall comply to the requirements of
CONSULTANT and obtain all the clearances from CONSULTANT for his work.
86.0 ELECTRICAL CONTRACTOR’S LICENCE
86.1 The CONTRACTOR or its nominated Sub-CONTRACTOR (s), as the case may be,
shall have a valid electrical CONTRACTOR’s license and electrical supervisor License
for working in the State in which the job site is located. The CONTRACTOR shall
furnish a copy of the same to Engineer-in-charge before commencement of any
electrical work or work pertaining to Electrical System.
86.2 No Electrical work or work pertaining to electrical system (s) shall be permitted to be
executed without a valid Electrical CONTRACTORs License being produced by the
CONTRACTOR or Sub-CONTRACTOR, as the case may be, intending to execute
the work.
87.0 PROCUREMENT OF TMT BARS, CEMENT AND STRUCTURAL STEEL.

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87.1 Steel manufactures having valid BIS certificate and listed in the BIS website as on
date of procurement of steel shall be allowed for supply of steel (Structural steel and
TMT bars) and CONTRACTOR shall procure from them with prior intimation to
Engineer-in-charge.
87.2 Tests after receipt of structural steel at site:
In addition to availability of valid BIS license and MTC, testing at site shall be
conducted by the CONTRACTOR as per following requirement:
a) For each category / size of structural steel procured, one sample from every
50 MT or part thereof shall be drawn and tested in approved laboratory.
b) The charges for such testing shall be borne by the CONTRACTOR.
87.3 Tests after receipt of TMT bars at site:
In addition to availability of valid BIS license and MTC, testing at site in approved
laboratory shall be conducted by the contractor as per the following requirement:
a) Under 10 mm bars, one sample (diameter wise) for each 25 MT (or part
thereof) for consignment below 100 MT and one sample (diameter wise) for
each 40 MT for consignment above 100 MT shall be tested.
b) For 10 mm to 16 mm bars, one sample (diameter wise) for each 35 MT (or
part thereof) for consignment below 100 MT and one sample (diameter
wise) for each 45 MT (or part thereof) for consignment above 100MT shall
be tested.
c) Over 16 mm bars one sample (diameter wise) for each 45 MT (or part
thereof) for consignment below 100 MT and one sample (diameter wise) for
each 50 MT (or part thereof) for consignment above 100 MT shall be tested.
d) The charges for such testing shall be borne by the CONTRACTOR.
87.4 Acceptance of Cement manufacturer shall be subject to compliance of following
87.4.1 Cement manufacturers having valid BIS certificate and listed in the BIS website
as on the date of procurement of cement shall be allowed for supply of cement
and CONTRACTOR shall procure cement from them with prior intimation to
Engineer-in-charge.
87.4.2 Tests after receipt of cement at site: Each batch of cement (week wise as
mentioned on cement bags) supplied by the CONTRACTOR after delivery at site
shall be subject to the tests and analysis required by the relevant Indian Standard
codes. The contractor shall carry out and bear the cost of all tests and analysis to
ensure quality of cement before using in actual works.
88.0 CONSTRUCTION
88.1 The CONTRACTOR shall within the scope of work observe in addition to
specifications, all national and local laws, ordinances, rules and regulation and
requirements pertaining to the work.
88.2 Various procedures and methods to be adopted by CONTRACTOR during the
construction as required in the respective specifications shall be submitted to
OWNER/ CONSULTANT in due time and well in advance of the specific work for
approval.
88.3 The CONTRACTOR shall carry out required supervision as per Quality Assurance
Plan and furnish all assistance required by OWNER/ CONSULTANT in carrying out
inspection work. OWNER/ CONSULTANT will have authorized representatives
present who shall have free access to the work at all times. If an OWNER/

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CONSULTANT representative notifies the CONTRACTOR’S representative of any


deficiency in any work or in the supervision thereof, the CONTRACTOR shall
make every effort to carry out such instructions consistent with best industry practice.

89.0 ERECTION OF EQUIPMENT / BARRICADING


89.1 All erection shall be carried out by deploying a crane(s) of suitable capacity. Erection
by derrick shall not be permissible. The CONTRACTOR shall submit erection
schemes for erection of critical equipment / Barricading to Engineer-in-Charge for his
approval. No equipment / barricading shall be erected in the absence of an approved
erection scheme for such equipment.
89.2 Movement of Hydra is not permitted inside the Refinery premises.
89.3 The Lumpsum Price of the CONTRACTOR shall be deemed to include load testing of
the crane as required to establish the lifting capacity of the crane. The load testing
shall be witnessed and certified by competent authority
90.0 SPECIAL REQUIREMENT
a) ERECTION and Barricading Works shall be carried out as per Drawings
and Technical Specifications attached with the Tender Document and as
per instructions of Engineer-in charge (EIC).
b) Job shall be carried out on round the clock 24 x7 basis with intermittent
break as per agreement with EIC.
c) All materials, equipment, D.P. Test Kits, Equipment for Ultrasonic Testing
(if applicable), etc. to carry out Radiography and other NDT .Radiography,
if carried out by Gamma Ray (using IRIDIUM 192 Source) shall meet
BARC's regulations including storage and operating personnel.
Radiography by X-ray, within quoted Prices, will be insisted upon if
Radiographs by Gamma Ray does not meet required quality standards.
CONTRACTOR to use “SAFERAD” machine for radiography to reduce
radiography time.
d) Air Conditioned Dark Room with facilities like running water and those
required for developing and viewing radiographs.
e) CONTRACTOR should ensure testing of Construction materials at local
approved OWNER’s authorized approved testing laboratory prior to starting
of the job and get approval of CONSULTANT.
f) Maintenance personnel with all tools & tackles and spares should be
available on round the clock basis for attending the breakdown of
equipments, machinery, pump etc immediately after breakdown.
g) Contractor shall use wire rope of reputed make only along with valid Test
Certificate to avoid accidents. Spare wire rope shall be kept readily
available to avoid downtime.
h) Winch & Fly wheel to be provided with Safety Guard without which the rig
shall not be allowed to be operated.
i) 100% PPE to be used by all workmen and personnel engaged for the job,
otherwise penalty shall be imposed as per SCC.

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j) The CONTRACTOR shall deploy and ensure availability of qualified


supervisor including safety supervisor having full knowledge of jobs and
safety on round the clock basis.
k) In case of non availability of Water by OWNER, the CONTRACTOR shall
arrange for boring for water within OWNER’s premises as per approval of
OWNER or arrange water without any extra cost to OWNER.
l) Dress code: All the CONTRACTOR’s workers and officers should use
uniform during working hrs at site and reflecting jackets in night working
hours.
m) OWNER/ CONSULTANT reserves the right to physically check/verify the
ownership /availability of the equipments at any stage prior to award of
work. Bidder shall organize and coordinate the inspection process.
OWNER/CONSULTANT’s option shall be final and binding in this regard
n) CONTRACTOR to confirm that these equipments are available for
deployment in this project site and shall be timely mobilized in good working
condition to maintain work progress. CONTRACTOR has option to propose
equipments OWNED or HIRED sources against this category.
o) CONTRACTOR to deploy well qualified ASNT Level III interpret or and
Level II Personnel for scanning and reporting for NDT.
91.0 LIABILITY OF GOVERNMENT OF INDIA
91.1 It is expressly understood and agreed by and between the CONTRACTOR and
the Employer/Consultant that the Employer/Consultant is entering into this
agreement solely on its own behalf and not on behalf of any other person or
entity. In particular, it is expressly understood and agreed that the Government of
India is not a party to this agreement and has no liabilities, obligations or rights
there under. It is expressly understood and agreed that the Employer/Consultant
is an independent legal entity with power and authority to enter into contract,
solely in its own behalf under the applicable laws of India and general principal of
Contract Law. The CONTRACTOR expressly agrees, acknowledges and
understands that the Employer/Consultant is not an agent, representative or
delegate of Govt. of India. It is further understood and agreed that the Govt. of
India is not and shall not be liable for any acts, omissions, commissions,
breaches or other wrongs arising out of the contract. Accordingly,
CONTRACTOR hereby expressly waives, releases and foregoes any and all
actions or claims, including cross claims, impleader claims or counter claims
against the Govt. of India arising out of this contract and covenants not to sue to
Govt. of India as to any manner, claim, and cause of action or thing whatsoever
arising of or under this agreement.
92.0 GENERAL REQUIREMENTS FOR RADIOGRAPHY & OTHER NDT
92.1 CONTRACTOR shall appoint radiography/ NDT agency (ies) only after acceptance of
such agency(ies) by OWNER/PMC. However, acceptance of radiography/ NDT
agency by OWNER/PMC shall not absolve the CONTRACTOR of his responsibility to
execute radiography work as per requirements of the Contract.
92.2 CONTRACTOR shall mobilize Radiography/ NDT agency at site along with adequate
number of radiography resources/ NDT equipments & appliances, commensurate

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(SCC)
Rev 00 Page 131 of 137

with the welding activity and quantum of Radiography/ NDT work load to avoid delays
in Radiography/ NDT and consequent generation of back log. In the event of
generation of back log leading to Delay/ Holdup of subsequent, activities
OWNER/PMC has right to engage additional agency for carrying out the radiography
at the risk and cost of CONTRACTOR including 100% overhead charge.
92.3 Radiography Check Shots
a) To verify that radiographs are being taken on the prescribed / selected
welds / spots only, 5% of already radiographed spots shall be selected by
the Engineer-in-Charge or his designated person for check shots. The
check shots shall be taken up before any further radiography work.
b) Radiography of all check shots shall be taken by CONTRACTOR at no
extra cost to PMC/OWNER .If mismatch / variation is found in any of the
check shot as per para 92.3 a), CONTRACTOR shall have to take re-
radiography of the entire lot represented by mismatched check shot (a days
production or more as decided by Engineer In-Charge) at his own cost
c) In the event of any non-matching / variation is observed in re-radiography of
the entire lot as per para 92.3 b) above with reference to the earlier
radiographs taken, the radiography agency shall be forthright debarred from
site. CONTRACTOR shall then carryout re-radiography up to maximum of
100% of all the prescribed / selected welds/ spots radiographed by the
debarred radiography agency (as per direction of the Engineer In-Charge)
at his own cost by engaging a separate Radiography agency acceptable to
OWNER/PMC. The process for verification of radiographs through check
hots shall be continued as per clause 92.3 a) above from the lots selected
by the Engineer In- Charge till 2 (two) consecutive lots are found with
matching check shot radiographs to the satisfaction of PMC/ OWNER.
92.4 Digital recorded close proximity/PAUT/TOFD only allowed inside the refinery /unit
premises except in fabrication yards
93.0 DELETED
94.0 THIRD PARTY INSPECTION AGENCIES
94.1 Pursuant to clause no 23.10.4 of SCC the CONTRACTOR shall carry out the various
tests as enumerated in the bidding document and as per direction of Engineer-in-
charge either on field or outside laboratories concerning the execution of work and
supply of the material by CONTRACTOR. All the expenses shall be borne by the
CONTRACTOR and shall be considered as included in the quoted Lumpsum price.
The inspection shall be done by following:
a) Any third Party Inspection (TPI) agency for all supply items among:
(i) American Bureau of Shipping (ABS)
(ii) Bureau Veritas (BVIS)
(iii) Det Norske Veritas (DNV)
(iv) Certification Engineers International Ltd. (CEIL)
(v) Indian Register of Shipping ( IRS )
(vi) Lloyd’s Register Inspection Services ( LRIS )

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Rev 00 Page 132 of 137

(vii) Quality Evaluation & Systems Team Pvt. Ltd. (QUEST )


(viii) Societe Generale de Surveillance ( SGS )
(ix) Tata Projects Ltd. ( TPL )
(x) TUV Sud South Asia (Affiliated to TUV Sud, Germany)
(xi) TUV India Pvt. Ltd. (Affiliated to TUV Nord, Germany)
(xii) Projects Development India Ltd. ( PDIL )
b) Representative deputed by Engineer-in-charge.
c) Representative deputed by Statutory Authority.
CONTRACTOR shall give prior notice sufficiently ahead of time to the Engineer-in-
charge and also to the authorities / TPI to conduct inspection/ to witness such tests.
94.2 All the tests either on the field or at outside laboratory or at any other place,
concerning the execution of the work and supply of materials by the CONTRACTOR
shall be carried out by the CONTRACTOR at his own cost.
94.3 The work is subject to inspection at all times by the Engineer-in-charge. The
CONTRACTOR shall carry out all instructions given during inspection and shall
ensure that the work is being carried out according to the technical specifications of
this bidding document, the technical documents that will be furnished to him during
performance of work and the relevant codes of practice furnished to him during the
performance of the work.
94.4 The CONTRACTOR shall provide, for purposes of inspection, access ladders, lighting
and necessary instruments at his own cost including Low Voltage (24V) lighting
equipment for inspection of work. Compressed air for carrying out works shall be
arranged by the CONTRACTOR at his own cost.
94.5 Any work not conforming to the execution drawings, specifications or codes shall be
rejected forthwith and the CONTRACTOR shall carry out the rectifications at his own
cost.
94.6 All results of inspection and test will be recorded in the inspection reports, proforma of
which will be approved by the Engineer-in-charge. These reports shall form part of the
Completion Documents.
94.7 For materials supplied by OWNER(if any), CONTRACTOR shall carryout the tests, if
required by the Engineer-in-charge, and the cost of such tests shall be reimbursed by
the OWNER at actual to the CONTRACTOR on production of documentary evidence.
94.8 Inspection and acceptance of the work shall not relieve the CONTRACTOR from any
of his responsibilities under this contract.
94.9 Cost towards repeat tests and inspection due to failures, repairs etc. for reasons
attributable to the CONTRACTOR shall be borne by the CONTRACTOR.
94.10 Various tests as specified in specifications shall be carried out to the entire satisfaction
of OWNER/ PMC.
94.11 CONTRACTOR Lumpsum prices shall be deemed to be inclusive of TPI charges.
95.0 COMPUTERISED CONTRACTOR’S BILLING SYSTEM
Without prejudice to stipulation in General terms and Conditions of works Contract,
CONTRACTOR should follow the following billing system :

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95.1 The bills will be prepared by the CONTRACTOR on their PCs as per the
standard formats and codification scheme proposed by OWNER/ CONSULTANT.
The CONTRACTOR will arrange for necessary software (CONSULTANT / OWNER
may indicate any specific software) for data entry to capture the relevant billing data
for subsequent processing.
95.2 The CONTRACTOR will submit these data to OWNER/CONSULTANT in an
electronic media along with the signed hard copy of the bill, necessary enclosures and
documents. The CONTRACTOR will also ensure the correctness and consistency of
data so entered with the hard copy of the bill submitted for payment.
95.3 OWNER/CONSULTANT will utilise these data for processing and verification of bill of
the CONTRACTOR
96.0 QUALITY ASSURANCE SYSTEM
96.1 The CONTRACTOR shall adhere to the quality assurance system specified in the
Technical Section of Bidding Document. After the award of the contract, detailed
quality assurance programme to be followed for the execution of contract shall be
submitted by CONTRACTOR.
97.0 SETTLEMENT OF DISPUTE BETWEEN GOVT. DEPT. / PUBLIC SECTOR
UNDERTAKINGS
97.1 Refer Sl No. 99.0 Below.
98.0 HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT / SAFETY
NORMS
98.1 In addition to the, OISD Guidelines-192, OISD Guideline-207(enclosed as
Annexure-XIV), PMC specifications on Health, Safety and Environment (HSE)
Management included in Technical specification and OWNER prescribed work
permit system and job safety analysis procedure shall be followed before under
taking any work inside OWNER’s premises.
98.2 Considering the above, the CONTRACTOR shall establish, document and maintain
an effective Health, Safety and Environment (HSE) management system.
98.3 The Engineer-in Charge is responsible for ensuring that CONTRACTOR conforms
to the safety requirements as set forth in the Contract documents at all times. In the
event of CONTRACTOR violations of the safety requirements, and violations that
result in physical injury or fatality, OWNER has the right to deduct from any payment
due to CONTRACTOR, as per Health, Safety and Environment (HSE)
Management document included in Technical specification of the Bidding
Document.
98.4 In the event of violation by the CONTRACTOR of any stipulation mentioned in the
above documents or violation of any statutory provisions related to HSE, PMC shall
impose immediate stoppage of work without any time or cost implication to the
OWNER, till the CONTRACTOR takes remedial action to the satisfaction of up to
Engineer-in-charge. The decision for stoppage of work shall be final and binding on
the CONTRACTOR.
98.5 The CONTRACTOR may take suitable Insurance Policy with a view to cover
themselves against the above penalties and submit a copy of the said policy to the
Engineer-in-charge.

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Rev 00 Page 134 of 137

98.6 In case of conflict between the requirements of the various specifications and/or the
requirements specified in the bidding document including penalties, the more
stringent requirement shall be followed.

99.0 ARBITRATION
99.1 The Clause No 14 of General Terms and Conditions (GTC) of Works Contract
stands modified to the following extent:.
99.1.1 No Change in Clause 14.1 of GTC.
99.1.2 Clause No 14.2 of GTC stands replaced as follows:
This Agreement, and the relationship between OWNER and Bidder (party) under
this Agreement, shall in all respects be interpreted in accordance with and
governed by the laws of India. Any dispute, controversy or claim arising out of
or in connection with the Agreement between the Parties to this Agreement,
whether in contract or otherwise, shall be finally and exclusively resolved by
arbitration in Jaipur in English Language under the Indian Arbitration and
Conciliation Act 1996 (and including any amendments thereof). There will be
a Sole Arbitrator to be mutually agreed upon and appointed. The parties agree
that the award of the sole arbitrator shall be final and binding upon them.
In case mutual appointment of arbitrator is not taking place, then party invoking
Arbitration can approach the court and file application u/s 11 of the Arbitration
and Conciliation Act for appointment of arbitrator.
99.1.3 Clause 14.3, 14.4, 14.5 of GTC stands deleted.
99.1.4 No change in Clause 14.6 & 14.7 of GTC.
99.1.5 Clause No 14.8 of GTC stands replaced as follows:
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.
99.1.6 No change in Clause 14.9 of GTC.
99.1.7 Clause No. 14.10 stands replaced as under:
The Contract shall be governed and construed according to the laws in force in
India. The Parties hereby submit to the exclusive jurisdiction of the Courts situated at
Jaipur.The Seat of arbitration will be Jaipur (India). The Arbitration shall be held at
“Jaipur, India” and conducted in English language.
99.1.8 Clause 14.11 of GTC stands deleted.
99.1.9 If the CONTRACTOR is a PSU or Public Sector Enterprise or is a Govt. Dept,
any disputes or differences between the CONTRACTOR and the OWNER hereto
arising out of any notified claim of the CONTRACTOR in terms hereof and/or
arising out of any amount claimed by the OWNER (whether or not the amount
claimed by the OWNER or any part thereof shall have been deducted from the
final bill of the CONTRACTOR or any amount paid by the OWNER to the
CONTRACTOR in respect of the work), then in suppression of the provisions of

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SPECIAL CONDITIONS OF CONTRACT
(SCC)
Rev 00 Page 135 of 137

Clause 14 of GTC, the following provisions shall apply, namely; such disputes of
differences shall be resolved amicably by mutual consultation or through the
good offices or empowered agencies of the Government. If such resolution is not
possible, then the unresolved disputes or differences shall be referred by either
party for resolution through Administrative Mechanism for Resolution of CPSES
Disputes (AMRCD) as mentioned in DPE OM No. 4(1)/2013-DPE (GM)/FTS-
1835 dated 22-05-2018"
99.2 Notwithstanding the existence of any dispute or arbitration in terms hereof or
otherwise, the CONTRACTOR shall continue and be bound to continue and perform
the works to completion in all respects according to the Contract (unless the Contract
or Works be determined by the OWNER) and the CONTRACTOR shall remain liable
and bound in all respects under the Contract.
100.0 CHANGE IN SOURCE OF SUPPLY
100.1 Deleted.
100.2 Deleted.
100.3 Deleted.
100.4 Change in source should be without any implication (including tax implication) to
OWNER. However any tax benefit shall be passed on to the OWNER.
101.0 MISCELLANEOUS:
In case of any dispute or disagreement in terms of the contract provisions and/or
decisions of Engineers-in-Charge (EIC) /Owner during execution of the Contract,
the Engineers-in-Charge (EIC) /Owner’s decision shall be final and binding to the
Contractor. In case of any disagreement with such decision, the Contractor shall
have the right to contest such decision in writing with reasons and documentary
evidence, expressing their disagreement and also have the right to take other
contractual provisions for final resolution of dispute.
However, Contractor’s disagreement or such action shall not affect the work in
any manner and the CONTRACTOR shall continue and be bound to continue
and perform the works to completion in all respects according to the
Contract (unless the Contract or Works be determined by the OWNER) and
the CONTRACTOR shall remain liable and bound in all respects under the
Contract as per time schedule.
Accordingly, the words “decision of Engineer-in-Charge’s shall not be arbitrable”
wherever appearing in the General Terms and Conditions (GTC) of Works
Contract included in the bidding document, shall stand modified to the above
extent.
102.0 INTEGRITY AGREEMENT
102.1 Bidders are required to sign the Integrity Agreement & Covering Letter and
submit the same along with the covering letter in the proforma attached as
Annexure to ITB. Offers of the Bidders who signed and accepted the Integrity
Agreement will only be taken up for evaluation.
102.2 In case, the information/ document furnished by the CONTRACTOR forming
basis of evaluation of its Bid is found to be false / fake/ forged after the award of

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SPECIAL CONDITIONS OF CONTRACT
(SCC)
Rev 00 Page 136 of 137

the Contract, OWNER shall have the right to terminate the Contract and get the
remaining Works executed by a third party at the risk & Cost of the
CONTRACTOR and without any prejudice to other rights available to OWNER
under the Contract such as forfeiture of the Contract Performance Bank
Guarantee, withholding of payment etc.
102.3 In case, this issue of submission of false/fake documents comes to the notice
after execution of the Works, OWNER shall have full right to forfeit any amount
due to the CONTRACTOR along with forfeiture of the Contract Performance
Bank Guarantee furnished by the CONTRACTOR.
102.4 Further, any CONTRACTOR which is found guilty of any Corrupt or Fraudulent
Practice or submission of false/fake /forged documents, shall be put on the
negative/ holiday list of OWNER debarring them from future business with
OWNER.
103.0 POLICY FOR PROVIDING PREFERENCE TO DOMESTICALLY (INDIAN)
MANUFACTURED IRON & STEEL PRODUCTS IN GOVERNMENT
PROCUREMENT (DMI &SP)
103.1 CONTRACTOR shall mandatorily comply with the provisions under DMI & SP
policy as enclosed with the ITB.
104.0 PURCHASE PREFERENCE LINKED WITH LOCAL CONTENT
104.1 In case the CONTRACTOR has availed preference under PPLC policy as
enclosed with the ITB, he shall be required to comply with all the provisions
under the same.
105.0 Contractor shall furnish statement along with copies of orders/ FOAs placed by
them on their sub-suppliers/ sub-contractors who are MSEs, to Engineer-in-
charge.
106.0 MODIFICATIONS TO GTC
106.1 Following clauses of GTC stands deleted/modified as under
(i) Clauses: 1.5 & 1.6 stand deleted.
(ii) Clause: 3.6 stands deleted.
(iii) The word “Rates” appearing in the first line of clause 3.8 stands replaced
with “Lumpsum Price”.
(iv) Clause: 3.10 & 3.11 stand deleted.
(v) Second sentence of clause 3.13 i.e. “All materials except ……… levies, if
any, etc.” stands deleted.
(vi) The word “bill of quantities” appearing in second line of clause 3.16 stands
deleted.
The last sentence in clause 3.16 i.e. “The Owner………without assigning
any reason.” stands deleted.
(vii) Clause: 3.18 to 3.22 stands deleted.
(viii) Clause: 4(a) stands deleted.
(ix) Clause: 5 stands deleted (First three paragraphs of clause 5 – “All the
works payable on this account.”

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SPECIAL CONDITIONS OF CONTRACT
(SCC)
Rev 00 Page 137 of 137

(x) Clause: 5.a.1 stands deleted.


(xi) Clause: 5.b stands deleted.
(xii) Clause: 5.c stands deleted.
(xiii) Clause: 5.e stands deleted.
(xiv) Clause: 5.f stands deleted.
(xv) Clause: 5.g stands deleted.
(xvi) Clause: 5.h stands deleted.
(xvii) Clause: 5.i stands deleted.
(xviii) Clause: 5.j stands deleted.
(xix) Clause: 5.l stands deleted.
(xx) Clause: 5.m.2 stands deleted.
(xxi) Clause: 5.m.3 stands deleted.
(xxii) Clause: 5.m.4 stands deleted.
(xxiii) Clause: 5.n stands deleted.
(xxiv) Clause: 5.o stands deleted.
(xxv) Clause: 5.p stands deleted.
(xxvi) Clause: 7.b stands deleted.
(xxvii) Clause: 11 stands deleted
(xxviii) Clause: 12.1, 12.2, 12.5, 12.6 stands deleted
(xxix) Clause: 12.7 stands modified as under:
When the contract is terminated by the OWNER for all or any of the
reasons mentioned under the contract, the CONTRACTOR shall not have
any right to claim compensation on account of such termination other than
the compensation provided under clause 40.0.
107.0 TERMS & CONDITIONS FOR POST WARRANTY COMPREHENSIVE
ANNUAL MAINTENANCE CONTRACT (PWCAMC):
If Post Warranty Comprehensive Annual Maintenance Contract) is applicable as
per Technical Section of Bidding Document, the Terms & Conditions shall be as
per Annexure – XXV of SCC.
108.0 CONDITIONS FOR ISSUE AND RECONCILIATION OF MATERIALS:
The conditions for issue and reconciliation of materials shall be as per Annexure
XXVII to this SCC.

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B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – I TO SCC
HRRL Page 1 of 2

TIME SCHEDULE
[ANNEXURE- I TO SPECIAL CONDITIONS OF CONTRACT]

Page 412 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – I TO SCC
HRRL Page 2 of 2

DESCRIPTION OF WORK TIME FOR COMPLETION

EPCC-10 PACKAGE - VACUUM GASOIL 28 MONTHS FOR MECHANICAL


HYDROTREATING UNIT & REFINERY COMPLETION PLUS 2 MONTHS FOR
OFFGAS PSA (VGO HDT & ROGPSA) COMMISSIONING, FROM THE DATE OF
FOR RAJASTHAN REFINERY PROJECT ISSUE OF LETTER OF ACCEPTANCE (LOA).
OF M/S HPCL RAJASTHAN REFINERY
LIMITED.

BIDDING DOCUMENT NO. :


AKR/B224-110-PM-T-7210/2006

Note:

The time of completion shall be reckoned from the date of issue of award, i.e. date of Letter/Fax
of Acceptance (LOA/FOA).

_______________________________
(STAMP & SIGNATURE OF BIDDER)

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B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – II TO SCC
HRRL Page 1 of 2

LOADING AND GUARANTEES


[ANNEXURE- II TO SPECIAL CONDITIONS OF CONTRACT]

Page 414 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – II TO SCC
HRRL Page 2 of 2

Technical Loading, Penalty & Guarantee chapter shall


be provided later.

Page 415 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – III TO SCC
HRRL Page 1 of 3

FORMAT FOR CONSTRUCTION SUB-


CONTRACTOR'S APPROVAL
[ANNEXURE- III TO SPECIAL CONDITIONS OF CONTRACT]

Page 416 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – III TO SCC
HRRL Page 2 of 3

(APPROVAL OF CONSTRUCTION SUB-CONTRACTOR)

SL.No. Description Contractor’s Response

1. NAME OF MAIN CONTRACTOR

2. NAME OF WORK, LOCATION

3. NAME OF PROPOSED SUB-CONTRACTOR

4. SCOPE OF WORK PROPOSED TO BE SUB- CONTRACTED


(BRIEF)

5. ESTIMATED VALUE OF THE PROPOSED WORK TO BE SUB-


CONTRACTED (INR)

6. QUALIFYING CRITERIA FOR SUB-CONTRACTOR:

i. Similar Work experience in Hydrocarbon Industry

One Contract, each of 80% of estimated value of proposed


a) work to be sub-contracted (or)

Two Contracts, each of 50% of estimated value of proposed


b) work to be sub-contracted (or)

Three Contracts, each of 40% of estimated value of


c) proposed work to be sub-contracted (or)

ii. Annual Turnover

The average annual financial turnover during the last 3 years,


a) ending 31st March /31st December of the previous financial
year, should be at least 30% of estimated cost.
7.
EXPERIENCE AND FINANCIAL DETALS OF PROPOSED SUB-
CONTRACTOR

Contract Value of similar work executed (as evidenced by work


I. Order & Completion Certificate) during the last 7 years.

The average annual financial turnover during the last 3 years (as
evidenced by Balance Sheets)
II.

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B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – III TO SCC
HRRL Page 3 of 3

Concurrent Commitments (including the works proposed to be sub-


III. contracted)

8.
CRITERIA FOR QUALIFICATION OF SUB-CONTRACTOR

i) Sl.no.7(i) ≥ 6(i) YES / NO

ii) Sl.no.7(ii) ≥ 6 (ii) YES / NO

iii) Sl.no.7(iii) ≥ 2 x Sl.No.7(ii) YES / NO

9.
Based on above information, we M/s. (Name of Main Contractor)
propose M/s. (Name of Sub-Contractor) as our sub-
contractor for the above mentioned works. We understand that notwithstanding above approval,
we shall remain fully responsible for the performance of the said sub-contractor and any failure of
the sub-contractor shall not absolve/relieve us of our responsibility to complete the works as
per the terms of conditions of the Contract.

NOTE: Bidders to fill all the details in the above proforma. Further Bidder shall also fill- in the
details at Sl.no.5 above based on the estimated value of the proposed work to be
subcontracted.

(SIGNATURE AND SEAL OF CONTRACTOR)

QUALIFICATION STATUS (TO BE STAMPED BY OWNER)

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B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – IV TO SCC
HRRL Page 1 of 1

QUALIFICATION AND EXPERIENCE OF KEY


SUPERVISORY CONSTRUCTION PERSONNEL
[ANNEXURE- IV TO SPECIAL CONDITIONS OF CONTRACT]

Page 419 of 13748


QUALIFICATION & EXPERIENCE STANDARD No.
fry NGINEERS REQUIREMENT OF KEY CONSTRUCTION 7-82-0003 Rev. 0
INDIAA LIMITED PERSONNEL AND PENALTY FOR THEIR
(A Govt of India Undertaking)

NON-MOBILIZATION Page 1 of 5

Infer Wgrur chliA4 31-4Wa


d vi 3Tra 311-{ amit-n rr-{

QUALIFICATION & EXPERIENCE


REQUIREMENT OF KEY CONSTRUCTION
PERSONNEL AND PENALTY FOR THEIR NON-
MOBILIZATION

0 12.06.2015 Issued as Standard RK MD SC


Standards Standards
Committee Bureau
Rev. Prepared Checked
Date Purpose Convenor Chairman
No by by
Approved by

Format No. 8-00-0001-F2 Rev. 0 Copyright EIL — All rights reserved

Page 420 of 13748


QUALIFICATION & EXPERIENCE STANDARD No.
'=1 ENGINEERS
k31
Og aiElf5reg INDIA LIMITED
REQUIREMENT OF KEY CONSTRUCTION
7-82-0003 Rev. 0
(viwn rirave maJoura) (A Govt. India Undertaking)
PERSONNEL AND PENALTY FOR THEIR
NON-MOBILIZATION Page 2 of 5

Abbreviations:

CV : Curriculum Vitae
EPC : Engineering, Procurement & Construction
EPCC : Engineering, Procurement, Construction & Commissioning
ISO : International Organization for Standardization
NDT : Non Destructive Testing
QA/QC : Quality Assurance /Quality Control
RT : Radiography Testing
UT Ultrasonic Testing

Construction Standards Committee

Convenor: Sh. M Deshpande, ED (Construction)

Members: Sh. S N Bhatnagar, GM (Construction)


Sh. Rakesh Nanda, GM (Piping)
Sh. Rajeev Jain, DGM, (C&P)
Sh. Janak Kishore , DGM (Projects)
Sh. Ravindra Kumar, AGM (Construction)
Sh. D Jana, AGM (Construction)

Format No. 8-00-0001-F2 Rev. 0 Copyright EIL — All rights reserved

Page 421 of 13748


QUALIFICATION & EXPERIENCE STANDARD No.
t31
9-ae..1e-IMENGINEERS REQUIREMENT OF KEY CONSTRUCTION
III ttileg 4110"; INDIA LIMITED 7-82-0003 Rev. 0
GON of Intim undertaking)
PERSONNEL AND PENALTY FOR THEIR
NON-MOBILIZATION Page 3 of 5

CONTENTS

1. QUALIFICATION & EXPERIENCE (POST QUALIFICATION) 4

2. PENALTY FOR NON - MOBILIZATION OF KEY CONSTRUCTION PERSONNEL 5

Format No. 8-00-0001-F2 Rev. 0 Copyright EIL — All rights reserved

Page 422 of 13748


QUALIFICATION & EXPERIENCE STANDARD No.
0-11aeleiffAH ENGINEERS
-
REQUIREMENT OF KEY CONSTRUCTION
Et5leg 1410 INDIA LIMITED 7-82-0003 Rev. 0
(A Govt of India Undertaking)
PERSONNEL AND PENALTY FOR THEIR
NON-MOBILIZATION Page 4 of 5

1. QUALIFICATION & EXPERIENCE (POST QUALIFICATION)

CATEGORY QUALIFICATION & EXPERIENCE (POST QUALIFICATION) REQUIRED


Degree or Diploma in Engineering with minimum following relevant experience in
construction:
Resident Construction
Manager/ Resident Contract value (Rs) --• < 5 Cr. works 5-20 Cr. works > 20 Cr. works
Engineer/Site-In-Charge
Degree holders 5 yrs 10 yrs 15 yrs
Diploma holders 8 yrs 13 yrs 20 yrs
Degree or Diploma in relevant Engineering discipline with following minimum experience in
Construction:
Lead Discipline Engineer
(Mechanical, Civil, Electrical, Contract value (Rs) • < 20 Cr. works > 20 Cr. works
Instrumentation) Degree holders 5 yrs 10 yrs

Diploma holders 8 yrs 13 yrs


Degree or Diploma in Mechanical Engineering/ Metallurgy with the following experience in
Welding & NDT (Non Destructive Testing) and possessing valid Level-II certificate in the
relevant NDT methodology (RT/UT)
Lead Welding/
Contract value (Rs) • < 20 Cr. Works > 20 Cr. Works
NDT Engineer
Degree holders 5 yrs 10 yrs
Diploma holders 8 yrs 13 yrs
Degree in Engineering with following experience (refer Note also):
Contract value (Rs) lo < 20 Cr. Works > 20 Cr. Works
Lead QA/QC Engineer
5 yrs of construction 10 yrs of construction
Experience experience of which 2 years in experience of which 3 years
QA/QC in QA/QC.
Degree in Engineering with following experience in Planning & Scheduling:

Lead Planning Engineer Contract value (Rs) < 20 Cr. works


_ > 20 Cr. works

Experience 5 yrs. 8 yrs.

Safety Officer/ Supervisor As per specification for HSE Management at construction sites enclosed elsewhere in the bid.

Diploma in Engineering or Diploma in Materials Management or Graduate in any stream with


min. following experience in Warehousing/ Stores Management:
Warehouse- In- Charge/
Materials Manager Contract value (Rs) < 20 Cr. works
_ > 20 Cr. works

Experience 5 yrs. 10 yrs.


Degree or Diploma in Engineering with minimum following experience in quantity
estimation, field measuremen , rate analysis, bill preparation etc. in Construction field:

Quantity Surveyor Contract value (Rs) • < 20 Cr. works > 20 Cr. works
Degree holders 2 yrs. 5 yrs.
Diploma holders 5 yrs. 10 yrs.

Discipline Engineer (Including Degree in relevant Engineering Discipline with minimum 2 years of relevant experience in
construction or Diploma in relevant Engineering Discipline with minimum 4 years of relevant
welding/ NDT, QA/QC and
Planning) experience in Construction. Welding /NDT engineer shall possess valid Level-II certificate in
the relevant NDT methodology (RT/UT)

Format No. 8-00-0001-F2 Rev. 0 Copyright EIL — All rights reserved

Page 423 of 13748


QUALIFICATION & EXPERIENCE STANDARD No.
1f kit ENGINEERS REQUIREMENT OF KEY CONSTRUCTION
Sift!' kiltift INDIA LIMITED 7-82-0003 Rev. 0
1.1P,1 eircnie ANOITA) (A Govt of lode Undertaking)
PERSONNEL AND PENALTY FOR THEIR
NON-MOBILIZATION Page 5 of 5

Notes: (for Table on previous page)

1. For Mechanical, Composite, EPC or EPCC Contracts of value more than Rupees 20 crores, the
Lead QA/QC Engineer shall be a qualified internal auditor for ISO 9001.
2. CVs of key construction personnel proposed to be deployed shall be submitted to
Owner/Engineer-in-Charge prior to their mobilization at site. The mobilization of key
personnel shall be done at site subject to prior approval of their CVs by Owner/Engineer-in-
Charge.

2. PENALTY FOR NON - MOBILIZATION OF KEY CONSTRUCTION PERSONNEL

Penalty for non-mobilization per day per person after the contractual mobilisation period /
mobilisation schedule agreed during Kick off Meeting / jointly agreed between contractor
and PMC / owner based on front availability etc.

- Rs. 5000/- for Resident Construction Manager/ Resident Engineer/ Site-in-Charge;

- Rs. 3000/- for Lead QA/QC Engineer, Lead Planning Engineer, Warehouse In-charge Lead
Discipline Engineer, Lead Welding/ NDT Engineer and the Quantity Surveyor

- Safety Officer (As per HSE Specification)

Notes: (for Penalty clauses)


a) All intervening off days (Sundays etc.) and holidays will be counted for levy of penalty
b) Mobilised personnel shall not be demobilised till contractual completion or based on consent
of Engineer-in-Charge else penalties as above shall be applied.
c) Total of above penalties shall not exceed 3% of the contract value.
d) The above penalties are over & above all other contractual provisions with respect to
penalties.

Format No. 8-00-0001-F2 Rev. 0 Copyright EIL — All rights reserved

Page 424 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – VI TO SCC
HRRL Page 1 of 1

LIST OF MAJOR TAGGED EQUIPMENTS


[ANNEXURE- VI TO SPECIAL CONDITIONS OF CONTRACT]

Page 425 of 13748


MAJOR TAGGED EQUIPMENT LIST FOR EPCC-10 : VGO-HDT & RPGPSA OF RAJASTHAN REFINERY PROJECT

Equipment Type Tag No Description


Transformers All Transformers excluding lighting transformers
Switchgear Complete Switchgear items for EPCC-10

110-A-0001 HOT HP SEPARATOR VAPOR AIR CONDENSER


AIR COOLERS 110-A-0004 FRACTIONATOR OVERHEAD AIR CONDENSER
110-A-0006 HYDROTREATED VGO AIR COOLER
110-C-0001 HP AMINE ABSORBE
COLUMNS
110-C-0003 FRACTIONATOR
110-V-0002 HOT HP SEPARATOR DRUM
110-V-0004 COLD HP SEPARATOR DRUM
VESSELS 110-V-0007 HP AMINE ABSORBER K.O. DRUM
110-V-0008 RECYCLE GAS COMPRESSOR K.O.DRUM
110-V-0026 HP FLARE KOD
110-E-0001 REACTOR FEED / EFFLUENT EXCHANGER
HEAT EXCHANGERS 110-E-0002 A/B REACTOR FEED / HOT VAPOR EXCHANGERS
110-E-0003 A/B RECYCLE GAS PRE-HEATER
110-P-0001 A/B FEED PUMPS

110-P-0003 A/B FRACTIONATOR BOTTOM PUMPS


110-P-0014A/B WASHING WATER PUMPS

HP LEAN AMINE PUMPS


PUMPS & 110-P-0012 A/B
COMPRESSOR
110-K-0003 A/B MAKE UP GAS COMPRESSOR

110-K-0001 RECYCLE GAS COMPRESSOR

110-K-0002 A/B OFF-GAS COMPRESSOR

110-LZ-0006 COLD FEED COALESCER

110-G-0001 FEED FILTER


PACKAGE EQUIPMENTS
110-J-0001 STEAM EJECTOR

ROG PSA PACKAGE ROG PSA PACKAGE

110-LZ-0005 LEAN AMINE LP STEAM DESUPERATOR

Page 1 of 1

Page 426 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – VII TO SCC
HRRL Page 1 of 2

FREE ISSUE MATERIAL DETAILS


[ANNEXURE- VII TO SPECIAL CONDITIONS OF CONTRACT]

Page 427 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – VII TO SCC
HRRL Page 2 of 2

Refer Technical Part of the Bidding Document

Page 428 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – IX TO SCC
HRRL Page 1 of 3

WORK DURING MONSOON


[ANNEXURE- IX TO SPECIAL CONDITIONS OF CONTRACT]

Page 429 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – IX TO SCC
HRRL Page 2 of 3

WORK DURING MONSOON

1. Contractor must take due cognizance of the presence of rainy season / days in
his scheduled completion period and accordingly, shall take all necessary actions
to protect, reorganize and progress the work , uninterruptedly during the monsoon
period.

2. Contractor to collect all meteorological data from the local authority and collect
necessary information about the intensity, frequency and period of rainy season.

3. Noextensionoftimeduetointerruption/suspensionofwork,waterlogging,reduced

/slowing down of progress , non-availability of manpower etc. , whatsoever may


be the reason, shall be tenable on account of monsoon and further no claim for
stand-by of manpower and equipment, other resources etc shall be paid for.

4. The successful bidder shall be required to submit within 15 days of Letter of


Acceptance of offer / award of work, to the Engineer-in-Charge / HRRL his
contingency plan for work during monsoon clearly stating their methodology /
strategy to progress uninterruptedly during monsoon mentioning the deployment
of resources viz, numbers, capacity, category of equipment and manpower on a
weekly basis for approval. The contingency plan shall include all provisions for
constructing and maintaining temporary infrastructure like approach road
,temporary drains in and around work area , dewatering whether natural or
forced to keep the work area free from water logging so as to maintain the same
always in a state worthy of vehicular, human and equipment movement. The work
area shall be so isolated as to restrict run-of from the adjacent areas in the work
area /site.

5. Contractor shall put up temporary sheds for fabrication of formwork and


reinforcement. For fabrication of steelwork / piping proper rainproof shed with
concretized floor of adequate area shall be made.

6. Additionally, localized (structure wise) monsoon protection shall be provided in


order to facilitate work.

7. The contractor must indicate the structures / areas that he would like to progress
(as per the project schedule and priority) particularly during the monsoon clearly
indicating the sub-phases of construction like foundation / sub structure, super
structure etc.

8. Contractor shall procure and stock sufficient quantities of materials (if required,
outside the plant premises, the land for which is to be arranged by the contractor
at his cost and expenses) viz. coarse and fine aggregates, bricks etc. adequate
for the planned volume of the work during the monsoon, well in advance of the
onset of same so that progress of work is not affected on this account. The
Engineer-in-charge shall be free to inspect such storing arrangement (particularly
at places outside of the pant areas), at any appropriate time as deemed fit by him.

Page 430 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – IX TO SCC
HRRL Page 3 of 3

9. All electrical installations, equipment shall be placed on plinths above ground


under proper rain shed to avoid any inundation, short circuit and hazards of
electrocution.

10. Contractor shall organize his work particularly for the underground activities in
foundation, excavation in a way that instead of opening up fronts everywhere and
in scattered locations (provided there is no priority concern) only those many
structures and/or areas should be worked where concerted and continuous effort
and resources could be engaged to bring the work up to the desired level
expeditiously to minimize any rework resulting from water accumulation /rain.

11. To maintain the standard welding quality and progress, localized welding booth in
sufficient numbers as per instruction of Engineer- in charge shall be installed for
protection against wind and rain.

12. Contractors item rates shall be include all costs and expenses including supply of
materials required for monsoon protection like tarpaulins, shed, structural, GI
sheet etc. for the above provisions and no separate payment shall be made on
this account.

Page 431 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – X TO SCC
HRRL Page 1 of 1

TERMS OF PAYMENT
[ANNEXURE- X TO SPECIAL CONDITIONS OF CONTRACT]

Page 432 of 13748


SPECIAL CONDITIONS OF CONTRACT
(SCC)

Rev 00 Page 1 of 11

1.0 TERMS OF PAYMENT


1.1 The billing of the entire price of materials and price of services shall be done from and to a
single point only.
2.0 MOBILISATION ADVANCE
If requested, the Contractor shall be paid recoverable interest bearing Mobilisation Advance
equivalent to 10% (Ten percent) of the Lumpsum Contract Price in the currency of
quotation. GST as applicable on mobilisation advance shall be borne by the bidder.
Mobilization Advance shall be paid to the Contractor in two equal instalments after signing
the contract agreement in the following manner.
2.1 FIRST INSTALLMENT

5% (Five percent) of Lumpsum Contract Price shall be payable as the first instalment of
mobilization advance after fulfilling the following formalities by the Contractor:
a) Signing of the formal Contract between the OWNER and the CONTRACTOR and
completion of kick off meeting.
b) Submission of Bank Guarantee(s) equivalent to 110% of advance i.e. 11% of
Lumpsum Contract Price of the said advance(s), valid for 3 months beyond
scheduled date of commissioning of the UNIT(s), from a Scheduled Bank (other
than co-operative banks ) in India recognised by RBI (including the Indian Branch of a
Foreign Bank which is recognised as a Scheduled Bank( other than co-operative
banks) by the Reserve Bank of India) and in a format acceptable to the OWNER. The
CONTRACTOR shall at the request of the OWNER suitably extend the validity of the
Bank Guarantee (s) for such period or periods as may be required failing which,
without prejudice to any other right or remedy available to the OWNER, the OWNER
shall be entitled to encash the Bank Guarantee (s). However, Contractor may submit
Bank Guarantee of 11% as above in two stages of 5.5% each for availing
advance against sub-clause 2.2 below.
c) Submission of Bank Guarantee(s) by way of CPBG as stipulated in Clause 4.0 of the
SCC. The CONTRACTOR shall at the request of the OWNER extend the validity of
the Bank Guarantee(s), where it is necessary to do so for the interest of the Project,
for such further period or periods as may be required failing which, without prejudice to
any other right or remedy available to the OWNER, the OWNER shall be entitled to
encash the Bank Guarantee(s).
2.2 SECOND INSTALLMENT
Balance 5% Mobilisation Advance shall be payable to the Contractor after Contractor has
constructed site Office, storage shed, fabrication yard etc. and has physically mobilized
equipments and is ready to start the work to the entire satisfaction of Engineer -in-Charge
and commencement of work at site and on submission of Bank Guarantees equivalent
to 5.5% of the Lump sum Contract price in case contractor has provided Bank
Guarantee equivalent to 5.5% of lump sum Contract price against 1st instalment of
mobilisation advance.”.

Page 433 of 13748


SPECIAL CONDITIONS OF CONTRACT
(SCC)

Rev 00 Page 2 of 11

2.3 The advance paid to the CONTRACTOR shall be used only for execution of this Contract
and the CONTRACTOR shall satisfy the OWNER/Engineer-in-Charge in this regard
whenever required. If it is found that the said advance has been utilised by the
CONTRACTOR in whole or part for any other purpose, the OWNER may at its discretion
forthwith recall the entire advance and without prejudice to any other right or remedy
available to the OWNER, recover the same by recourse to any Bank Guarantee(s).
2.4 The Indian Rupee advance(s) shall carry interest @ 10.05 % per annum (as on the date
of payment of mobilisation advance) calculated on the reducing unadjusted
balance(s) of the Indian Rupee advance(s) and the advance(s) shall, without prejudice to
any other mode of recovery available to the OWNER, be recovered from the Running
Account Bills and Final Bill of the CONTRACTOR @ 10% (Ten percent) of the Certified
Bill amount. The interest accrued thereon shall be additionally deducted from the amount
payable.
2.5 Foreign Currency Advance(s) : Foreign Currency Advance(s) shall carry interest @ 10.05
% per annum on the reducing unadjusted balance(s) for relative foreign currency.
The advance (s) shall, without prejudice to any other mode of recovery as may be available
to the OWNER, be recovered from the Running Account bills and other bills of the
Contractor made out in the relative foreign currency @ 10% (ten percent) of the amount
payable against the bill. The interest accrued thereon shall be additionally deducted from
the amount payable.
2.6 All recoveries against advances shall first be apportioned to interest (along with GST
applicable on Interest) and then to principal. At the request of the CONTRACTOR, the
Engineer-in-Charge shall certify the mobilization advance repaid and the Bank Guarantee,
issued on behalf of the CONTARCTOR to secure the mobilization advance, shall be allowed
to be reduced by the amount and the currency of the repayment certified. Such reduction
shall be allowed not more than 06 (six) occasions during the currency of Bank Guarantee
2.7 TDS on interest recovered on mobilization advance will be deposited by the Contractor and
same would be reimburse by the Owner against submission of Form-16.
2.8 The Contractor to ensure the validity of all bank guarantee as stipulated elsewhere in the
contract and no payment shall be released to the Contractor's if the validity of the bank
guarantee is less than 30 days unless otherwise specifically intimated to the Contractor.
2.9 The CONTRACTOR shall note that the rating of bank sanctioning the Bank Guarantee(s)
should not fall below the rating of ‘A’ from Moody’s or equivalent (from other rating agency)
in case of foreign bank and of at least ‘AA’ from CRISIL or equivalent (from other rating
agency) in case of Indian banks during the tenor of the Bank Guarantee(s). In case the
rating falls below threshold level at any time during the tenor of the Bank Guarantee(s), the
CONTRACTOR will arrange to replace the Bank Guarantee(s), at its cost, through a bank
acceptable to OWNER. In case of non-submission of replaced Bank Gurantee (s), without
prejudice to any other right or remedy available to the OWNER, the OWNER shall be
entitled to en-cash the Bank Guarantee(s).
2.10 The unadjusted balance of the Mobilisation Advance shall be adjusted in full against
payments due on Mechanical Completion
2.11 In case GST is applicable on Mobilization advance as per prevailing GST Law, such GST on
mobilization advance shall be borne & paid by CONTRACTOR only

Page 434 of 13748


SPECIAL CONDITIONS OF CONTRACT
(SCC)

Rev 00 Page 3 of 11

3.0 ON ACCOUNT PAYMENTS

The CONTRACTOR, if so required, shall submit further breakup for various activities
through a billing schedule for Design and Engineering, Procurement and Supplies and
Construction which will be reviewed and approved by Engineer-In –Charge within 30 days of
submission of complete document in this regard by CONTRACTOR. For the purpose of
billing for each discipline under Construction, further break up such as Civil and Structural,
Mechanical, Piping, Electrical, Instrumentation, Insulation, Painting, etc. shall be made
which will be reviewed and approved by Engineer-in-charge. The CONTRACTOR shall be
paid monthly running account bills at stages of completion of individual item/work, based on
the value assessment by Engineer-in-charge in the following manner after deductions of
necessary dues payable by CONTRACTOR to the OWNER in accordance with various
provisions made elsewhere in the Bidding document.

At any given point of time, the cumulative percent payment made shall not exceed the
cumulative percent of actual physical progress of the PLANT.

Subject to the other provisions of the Contract documents, on account payments shall be
made as follows:
3.1 DESIGN & ENGINEERING SERVICES (as per FORM SP-1) (Maximum limit for quoted
prices shall be as per “Preamble to Schedule of Prices” )

i) 55% on submission of drawings and P&IDs (defined for review category in tender
document) and their approval under Code II on pro- rata basis. The breakup of 55%
shall be as given below:
o 8 % on P&IDs approval
o 5 % on Equipment Layout approval
o 2% on Completion of HAZOP meeting and finalization of report
o 1% on submission of compliance report of HAZOP and its acceptance
by PMC/OWNER
o 5 % on balance residual basic engineering (related with Process,
Thermal, Hydraulic, etc.) documents approval
o 10 % on Civil/ Structural Engineering drawings/ documents approval
o 5% on piping related drawings- documents approval
o 10 % on Mechanical equipment drawings/ documents approval
o 4% on Electrical Engineering drawings/ documents approval
o 5 % on Instrumentation Engineering drawings/ documents approval

Note: The payment is applicable even for all “Information” category documents. For all
“Information” category documents, the payment milestone shall be the cumulative of Code-2
and Code-1.

Page 435 of 13748


SPECIAL CONDITIONS OF CONTRACT
(SCC)

Rev 00 Page 4 of 11

ii) 15% submission of drawings and P&IDs (defined for review category in tender
document) and their approval under Code I on pro- rata basis.
o 2 % on P&IDs approval
o 1 % on Equipment Layout approval
o 1 % on balance residual basic engineering documents approval
o 4 % on Civil/ Structural Engineering drawings/ documents approval
o 1% on piping related drawings- documents approval
o 4% on Mechanical equipment drawings/ documents approval
o 1% on Electrical Engineering drawings/ documents approval
o 1 % on Instrumentation Engineering drawings/ documents approval

Note: The payment is applicable even for all “Information” category documents. For all
“Information” category documents, the payment milestone shall be the cumulative of Code-2
and Code-1.

iii) 5 % on submission and approval of 3D model at 30%, 60%, 90% stages and final
issuance to site.
o 1.5% against 30% 3-D Model Review
o1.5% against 60% 3-D Model Review
o1.5% against 90% 3-D Model Review
o0.5% against submission of 3-D Model Review after incorporation of all
accepted resolutions.
iv) 5% on Completion of “project documentation & data handover system”:
o 1.5% against submission of all Code-2 approved/information category
drawings in the designated Project Documentation system
o 1.5% against submission of all Code-1 approved/information category
drawings in the designated Project Documentation system
o 2% against submission of all the As-Built drawings in the designated
Project Documentation system .

Note: The payment is applicable even for all “Information” category documents. For all
“Information” category documents, the payment milestone shall be the cumulative of
Code-2 and Code-1.
v) 10 % on submission of As Built drawings for the Unit(s) along-with its electronic files
against the CONTRACTOR’s certified Running Account Bill(s) along with operation
and instruction manuals

vi) 5% on Mechanical Completion of the Unit(s) against the CONTRACTOR’s certified


Running Account Bill(s).

vii) 2% on Commissioning of the Unit(s) against the CONTRACTOR’s certified Running


Account Bill(s).

viii) 2% on completion of Performance Guarantee Test Run of the Unit(s) against the
CONTRACTOR’s certified Running Account Bill(s).

Page 436 of 13748


SPECIAL CONDITIONS OF CONTRACT
(SCC)

Rev 00 Page 5 of 11

ix) 1% on completion of all work in all respect and acceptance thereof and submission of
all final documents against contractor’s certified Final bill.

3.2 SUPPLIES (as per FORM SP-2) (Maximum limit for quoted prices shall be as per “Preamble
to Schedule of Prices”)

3.2.1 SUPPLIES INCLUDING MANDATORY SPARES

Subject to the other provisions of Contract documents, on account payments for the
supplies will be made as follows:

i) 10% (Ten percent) of total supply value (including mandatory spares) on placement of
Purchase Order for major tagged items as per Annexure –VI on pro-rata basis. This
payment shall be released after submission of Bank Guarantee for equivalent value.
This bank guarantee shall be valid up to the Contractual Date of Completion plus 1
month. However, this bank guarantee shall be released after receipt of all materials at
site and issue of Certificate of Verification and Good Condition in respect thereof in
accordance with the provisions of SCC.

Bank Guarantee issued on behalf of CONTRACTOR to secure the advance paid


against placement of order for major tagged items shall stand reduced, on quarterly
basis, based on the value of receipt of material at site and on issue of certificate of
verification and good condition.
ii) 25% (Twenty five percent) of the price of imported materials as indicated in the Bill of
Materials and 25% (Twenty five percent) of the price of indigenous materials as
indicated in the Bill of Materials on “Proof of Despatch of Materials”
Payment against Proof of Despatch of Materials, shall be released on pro rata basis
on submission of the following documents with the CONTRACTOR’s invoice
A IMPORTED MATERIALS

a) Signed invoice(s)

b) A full set of certified copies of clear on-board bills of lading/ airway


and 4 (four) non-negotiable copies.

c) Certificate of country of origin issued by a competent authority.

d) Packing list and Phytosanitary Certificate for packing material as


per international norms

e) Inspection Release Note as per QAP approved by OWNER/ PMC or


waiver certificate issued by OWNER/ PMC.
f) Bank Guarantee of equivalent value, valid till the same is received
inside the Refinery.
g) Any Other document as specified in clause No. 20 of SCC

B INDIGENOUS MATERIALS

Page 437 of 13748


SPECIAL CONDITIONS OF CONTRACT
(SCC)

Rev 00 Page 6 of 11

a) Signed Invoice(s)

b) Packing list.

c) Inspection Release Note as per QAP approved by OWNER/ PMC or


waiver certificate issued by OWNER/ PMC.

d) Photocopy of Railway Receipt/LR.

e) Bank Guarantee of equivalent value, valid till the same is received


inside the Refinery.
f) Any other document as specified in clause no. 21 of SCC

iii) On Issue of Certificate of Verification and Good Condition at Refinery Site, against
Contractor's Certified Running Account Bill(s) :

45% (Forty Five percent) of price of imported material as indicated in the Bill of
Materials and 45% (Forty Five percent) price of indigenous materials as indicated in
the Bill(s) of Materials on submission of:

(a) Verification of Third Party Inspection certificate as per QAP approved by


OWNER/PMC;
(b) Certificate of Verification and Good Condition after receipt of material at Project
Site or Refinery Site.
This payment shall be released on pro-rata basis.
iv) 10% (ten percent) of price of imported material as indicated in the Bill of Materials and
10% (Ten percent) of price of indigenous materials as indicated in the Bill(s) of
Materials issue on fabrication and erection/installation, alignment and grouting as
required including testing where involved and required CONTRACTOR’s certified
running Accounts Bill(s).
v) 5% (five percent) of price of imported materials for relative materials as indicated in
the Bill of Materials and 5% (five percent) of price of indigenous material as indicated
in the Bill of Materials on Mechanical Completion of the plant/works against the
CONTRACTOR’s certified Running Account Bill(s); and
vi) 2% (two percent) of price of the imported materials as indicated in the Bill of Materials
and 2% (two percent) of the price of indigenous materials as indicated in the Bill of
Materials on issue of Commissioning Certificate against the CONTRACTOR’s certified
Running Account Bill(s).
vii) 2% (Two percent) of price of the imported materials as indicated in the Bill of Materials
and 2% (Two percent) of the price of indigenous materials as indicated in the Bill of
Materials on issue of Performance Test Certificate against the CONTRACTOR’s
certified Running Account Bill(s).
viii) 1% (one percent) of price of the imported materials as indicated in the Bill of Materials
and 1% (one percent) of price of indigenous materials as indicated in the Bill of
Materials on completion of all jobs against the CONTRACTOR’s certified Final Bill.
3.2.2 (C) INLAND TRANSPORTATION WITHIN INDIA

Page 438 of 13748


SPECIAL CONDITIONS OF CONTRACT
(SCC)

Rev 00 Page 7 of 11

I. Payment of the amount payable against inland transportation shall be paid as follows:

a) 80% (Eighty percent) on issue of Certificate of Verification and Good


Condition at site on pro-rata basis against the CONTRACTOR’s certified
Running Account Bill(s);
b) 10% (ten percent) on issue of Mechanical Completion Certificate against the
CONTRACTOR’s certified Running Account Bill(s).
c) 3% (three percent) on commissioning of the plant/works against the
CONTRACTOR’s certified Running Account Bill(s); and
d) 2% (two percent) on issue of Performance Test Certificate against the
CONTRACTOR’s certified Running Account Bill(s).
e) 5% (five percent) on completion of all jobs against the CONTRACTOR’s
certified Final Bill.
Note:
i. The lumpsum amount indicated as payable for inland transportation within
India shall include the cost of all freight demurrage and penalties, clearing,
forwarding, loading, unloading, packing and handling of shipments and all
other overheads whatsoever involved in customs clearance and lifting imported
goods from the port of entry within India upto delivery at the OWNER’s
warehouse at site and transportation, site handling, loading and unloading from
godown to CONTRACTOR’s fabrication yard or to job site and from
CONTRACTOR’s fabrication yard to job site, and collection, loading,
transportation and unloading of surplus material to OWNER’s
warehouse/stockyard.
ii. While preparing the priced Bill of Materials the lumpsum payable for inland
transportation within India shall be split up and priced item-wise as realistically
as possible, and this split-up shall be reckoned for calculating pro-rata amounts
payable to the CONTRACTOR in terms of the payment schedule specified
above.
3.2.3 CONSTRUCTION/ SITE WORK (as per FORM SP-3)

3.2.3.1 CIVIL WORKS

i) 10% (ten percent) on completion of piling works on pro-rata basis as per


the approved Schedule of Activities against the CONTRACTOR’s
certified Running Account Bill(s).
ii) 80% (eighty percent) on pro-rata basis against the CONTRACTOR’s
certified Running Account Bill(s) on completion of individual item of work
as per approved Schedule of Activities, provided that in case piling is not
involved then payment percentage shall be 90% (Ninety percent) on pro-
rata basis on completion of individual item(s) of Work as per Schedule of
Activities.
iii) 5% (five percent) on issue of Mechanical Completion Certificate against
the CONTRACTOR’s certified Running Account Bill(s).

Page 439 of 13748


SPECIAL CONDITIONS OF CONTRACT
(SCC)

Rev 00 Page 8 of 11

iv) 2% (two percent) on issue of Commissioning Certificate against the


CONTRACTOR’s certified Running Account Bill(s).
v) 2% (Two percent) on issue of Performance Test Certificate against the
CONTRACTOR’s certified Running Account Bill(s).
vi) 1% (One percent) on completion of all jobs against the CONTRACTOR’s
certified Final Bill.
3.2.3.2 STRUCTURAL WORK

i) 5% (five percent) on finalisation of quantity, plan and submission of


fabrication drawings against the CONTRACTOR’s certified Running
Account Bill(s).
ii) 55% (fifty five percent) against supply & fabrication of materials on pro-
rata basis against the CONTRACTOR’s certified Running Account Bill(s).
iii) 30% (thirty percent) on erection, alignment, grouting and painting etc. on
pro-rata basis against the CONTRACTOR’s certified Running Account
Bill(s).
iv) 5% (five percent) on issue of Mechanical Completion Certificate against
the CONTRACTOR’s certified Running Account Bill(s).
v) 2% (two percent) on issue of Commissioning Certificate against the
CONTRACTOR’s certified Running Account Bill(s).
vi) 2% (Two percent) on issue of Performance Test Certificate against the
CONTRACTOR’s certified Running Account Bill(s).
vii) 1% (One percent) on completion of all jobs against the CONTRACTOR’s
certified Final Bill.
3.2.3.3 MECHANICAL WORK

A. PIPING

i) 35% (thirty five percent) on completion of pre-fabrication, on pro-rata


basis against the CONTRACTOR’s certified Running Account Bill(s).
ii) 40% (forty percent) on completion of erection and welding, on pro-rata
basis against the CONTRACTOR’s certified Running Account Bill(s).
iii) 15% (fifteen percent) on completion of hydro-testing, on pro-rata basis
against the CONTRACTOR’s certified Running Account Bill(s)
iv) 5% (five percent) on issue of Mechanical Completion Certificate against
the CONTRACTOR’s certified Running Account Bill(s).
v) 2% (two percent) on issue of Commissioning Certificate against the
CONTRACTOR’s certified Running Account Bill(s).
vi) 2% (Two percent) on issue of Performance Test Certificate against the
CONTRACTOR’s certified Running Account Bill(s).
vii) 1% (One percent) on completion of all jobs against the CONTRACTOR’s
certified Final Bill.
B INSULATION

i) 90% (ninety percent) on completion of insulation works, on pro-rata basis


against the CONTRACTOR’s certified Running Account Bill(s)
ii) 5% (five percent) on issue of Mechanical Completion Certificate against
the CONTRACTOR’s certified Running Account Bill(s).

Page 440 of 13748


SPECIAL CONDITIONS OF CONTRACT
(SCC)

Rev 00 Page 9 of 11

iii) 2% (two percent) on issue of Commissioning Certificate against the


CONTRACTOR’s certified Running Account Bill(s).
iv) 2% (Two percent) on issue of Performance Test Certificate against the
CONTRACTOR’s certified Running Account Bill(s).
v) 1% (One percent) on completion of all jobs against the CONTRACTOR’s
certified Final Bill.
C PAINTING

i) 10% (ten percent) on pro-rata basis on surface preparation & primer


application against the CONTRACTOR’s certified Running Account
Bill(s).
ii) 80% (eighty percent) on pro-rata basis on Final Painting against the
CONTRACTOR’s certified Running Account Bill(s).
iii) 5% (five percent) on issue of Mechanical Completion Certificate against
the CONTRACTOR’s certified Running Account Bill(s).
iv) 2% (two percent) on issue of Commissioning Certificate against the
CONTRACTOR’s certified Running Account Bill(s).
v) 2% (Two percent) on issue of Performance Test Certificate against the
CONTRACTOR’s certified Running Account Bill(s).
vi) 1% (One percent) on completion of all jobs against the CONTRACTOR’s
certified Final Bill.
D EQUIPMENT

i) 45% (forty five percent) on completion of erection, on pro-rata basis


against the CONTRACTOR’s certified Running Account Bill(s).
ii) 45% (forty five percent) on completion of alignment & grouting, on pro-
rata basis against the CONTRACTOR’s certified Running Account Bill(s).
iii) 5% (five percent) on issue of Mechanical Completion Certificate against
the CONTRACTOR’s certified Running Account Bill(s).
iv) 2% (two percent) on issue of Commissioning Certificate against the
CONTRACTOR’s certified Running Account Bill(s).
v) 2% (Two percent) on issue of Performance Test Certificate against the
CONTRACTOR’s certified Running Account Bill(s).
vi) 1% (One percent) on completion of all jobs against the CONTRACTOR’s
certified Final Bill.
E (i) TANKS
i) 40% (forty percent) on completion of pre-fabrication and erection on pro-
rata basis against the CONTRACTOR’s certified Running Account Bill(s).
ii) 40% (forty percent) on completion of welding, NDT, grouting etc. on pro-
rata basis against the CONTRACTOR’s certified Running Account Bill(s).
iii) 10% (ten percent) on completion of hydrostatic testing against the
CONTRACTOR’s certified Running Account Bill(s).
iv) 5% (five percent) on issue of Mechanical Completion Certificate against
the CONTRACTOR’s certified Running Account Bill(s).
v) 2% (two percent) on issue of Commissioning Certificate against the
CONTRACTOR’s certified Running Account Bill(s).
vi) 2% (Two percent) on issue of Performance Test Certificate against the
CONTRACTOR’s certified Running Account Bill(s).

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SPECIAL CONDITIONS OF CONTRACT
(SCC)

Rev 00 Page 10 of 11

vii) 1% (One percent) on completion of all jobs against the CONTRACTOR’s


certified Final Bill.
3.2.3.4 ELECTRICAL & PLANT COMMUNICATION WORKS

i) 45% (forty five percent) on erection/installation etc. on pro-rata basis


against the CONTRACTOR’s certified Running Account Bill(s).
ii) 45% (forty five percent) on testing loops and system on pro-rata basis
against the CONTRACTOR’s certified Running Account Bill(s).
iii) 5% (five percent) on issue of Mechanical Completion Certificate against
the CONTRACTOR’s certified Running Account Bill(s).
iv) 2% (two percent) on issue of Commissioning and Performance Test
Certificate against the CONTRACTOR’s certified Running Account
Bill(s).
v) 2% (Two percent) on issue of Performance Test Certificate against the
CONTRACTOR’s certified Running Account Bill(s).
vi) 1% (One percent) on completion of all jobs against the CONTRACTOR’s
certified Final Bill.
3.2.3.5 INSTRUMENTATION

i) 45% (forty five percent) on erection/installation etc. on pro-rata basis


against the CONTRACTOR’s certified Running Account Bill(s).
ii) 45% (forty five percent) on testing loops and system on pro-rata basis
against the CONTRACTOR’s certified Running Account Bill(s).
iii) 5% (five percent) on issue of Mechanical Completion Certificate against
the CONTRACTOR’s certified Running Account Bill(s).
iv) 2% (two percent) on issue of Commissioning Certificate against the
CONTRACTOR’s certified Running Account Bill(s).
v) 2% (Two percent) on issue of Performance Test Certificate against the
CONTRACTOR’s certified Running Account Bill(s).
vi) 1% (One percent) on completion of all jobs against the CONTRACTOR’s
certified Final Bill.
3.2.3.6 MECHANICAL COMPLETION AND PRE-COMMISSIONING
100% (hundred percent) on completion of Pre-commissioning of the
a) PLANT.
3.2.3.7 COMMISSIONING AND START-UP
a) 100% (hundred percent) on Commissioning of the PLANT.
3.2.3.8 PERFORMANCE GUARANTEE TEST RUN (PGTR)
a) 100% (hundred percent) on issue of Commissioning and Performance
Test Certificate.

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SPECIAL CONDITIONS OF CONTRACT
(SCC)

Rev 00 Page 11 of 11

3.2.3.9 PAYMENT TERMS FOR ASSISTANCE SERVICES DURING OPERATION


Payment: 100% against submission of bills and time sheets certified by the Engineer-in
Charge on Monthly basis. Engineer in charge for this work shall be HPCL designated
personnel. All the bills, claims related to payment for these services shall be directly
submitted to Engineer-In-charge designated by HPCL after the commissioning of the unit
Note: Assistance during Operation is an additional activity after commissioning of the said
unit and Payment for the same shall be dealt separately without mutually affecting the
liabilities/Payment related to Execution of Contract such as Defect Liability Period/ PRS/
Payment Terms etc. as per requirement of SCC/GTC.

Assistance during operation being an additional activity after Commissioning of the unit
and the same shall not affect closure of the Contract of LSTK Work.

Note:

I. All bank guarantees shall be submitted from Scheduled Bank in India as per RBI Act
on Non-Judicial Stamp Paper of appropriate value.
II. The unadjusted balance of the Mobilisation Advance, if any, shall be adjusted in full
against payments due on Mechanical Completion of entire work under this contract.
III. All payments other than the Mobilization Advance shall be released only after
finalization of the planning and monitoring documents and Progress Schedule.

IV. Payment of GST :

The Contractor shall always comply with the requirements of applicable laws and
provide necessary documents as prescribed under the Rules & Regulations, as
applicable from time to time. In particular, if any tax credit, refund or other benefit is
denied or delayed to Owner due to any non-compliance / delayed compliance by the
Supplier under the Goods & Service Tax Act (such as failure to upload the details of
the sale on the GST portal, failure to pay GST to the Government) or due to non-
furnishing or furnishing of incorrect or incomplete documents by the Contractor, the
Contractor shall be liable to reimburse Owner for all such losses and other
consequences including, but not limited to the tax loss, interest and penalty.

Page 443 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – XIII TO SCC
HRRL Page 1 of 2

QUALITY ASSURANCE SYSTEM


[ANNEXURE- XIII TO SPECIAL CONDITIONS OF CONTRACT]

Page 444 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – XIII TO SCC
HRRL Page 2 of 2

Included in Technical part of the Bidding Document.

Page 445 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – XIV TO SCC
HRRL Page 1 of 1

OISD GUIDELINES-192, OISD GUIDELINE-207


[ANNEXURE- XIV TO SPECIAL CONDITIONS OF CONTRACT]

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OISD/DOC/2018/26

Page No. I

OISD - GDN - 192

FOR RESTRICTED
CIRCULATION ONLY

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SAFETY PRACTICES DURING CONSTRUCTION

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OISD-GDN-192
Second Edition, April, 2016
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First Edition, July, 2000


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Oil Industry Safety Directorate


Government of India
Ministry of Petroleum & Natural Gas
8th Floor, OIDB Bhavan, Plot No. 2, Sector – 73, Noida – 201301 (U.P.)
Website: www.oisd.gov.in
Tele: 0120-2593800, Fax: 0120-2593802

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OISD/DOC/2018/26

Page No. II

OISD - GDN - 192


Second Edition, April, 2016
First Edition, July, 2000

FOR RESTRICTED
CIRCULATION ONLY

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SAFETY PRACTICES DURING CONSTRUCTION
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Prepared by
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COMMITTEE ON
SAFETY PRACTICES DURING CONSTRUCTION
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Oil Industry Safety Directorate


Government of India
Ministry of Petroleum & Natural Gas
8th Floor, OIDB Bhavan, Plot No. 2, Sector – 73, Noida – 201301 (U.P.)
Website: www.oisd.gov.in
Tele: 0120-2593800, Fax: 0120-2593802

Page 448 of 13748


OISD/DOC/2018/26

Page No. III

Preamble

Indian petroleum industry is the energy lifeline of the nation and its continuous performance is
essential for sovereignty and prosperity of the country. As the industry essentially deals with
inherently inflammable substances throughout its value chain – upstream, midstream and
downstream – Safety is of paramount importance to this industry as only safe performance at all
times can ensure optimum ROI of these national assets and resources including sustainability.

While statutory organizations were in place all along to oversee safety aspects of Indian petroleum
industry, Oil Industry Safety Directorate (OISD) was set up in 1986 Ministry of Petroleum and Natural
Gas, Government of India as a knowledge centre for formulation of constantly updated world-scale
standards for design, layout and operation of various equipment, facility and activities involved in this

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industry. Moreover, OISD was also given responsibility of monitoring implementation status of these
standards through safety audits.

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In more than 25 years of its existence, OISD has developed a rigorous, multi-layer, iterative and
participative process of development of standards – starting with research by in-house experts and
iterating through seeking & validating inputs from all stake-holders – operators, designers, national

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level knowledge authorities and public at large – with a feedback loop of constant updation based on
ground level experience obtained through audits, incident analysis and environment scanning.

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The participative process followed in standard formulation has resulted in excellent level of
compliance by the industry culminating in a safer environment in the industry. OISD – except in the
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Upstream Petroleum Sector – is still a regulatory (and not a statutory) body but that has not affected
implementation of the OISD standards. It also goes to prove the old adage that self-regulation is the
best regulation. The quality and relevance of OISD standards had been further endorsed by their
adoption in various statutory rules of the land.
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Petroleum industry in India is significantly globalized at present in terms of technology content


requiring its operation to keep pace with the relevant world scale standards & practices. This matches
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the OISD philosophy of continuous improvement keeping pace with the global developments in its
target environment. To this end, OISD keeps track of changes through participation as member in
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large number of International and national level Knowledge Organizations – both in the field of
standard development and implementation & monitoring in addition to updation of internal knowledge
base through continuous research and application surveillance, thereby ensuring that this OISD
Standard, along with all other extant ones, remains relevant, updated and effective on a real time
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basis in the applicable areas.

Together we strive to achieve NIL incidents in the entire Hydrocarbon Value Chain. This, besides
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other issues, calls for total engagement from all levels of the stake holder organizations, which we, at
OISD, fervently look forward to.

Jai Hind!!!
Executive Director
Oil Industry Safety Directorate

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OISD/DOC/2018/26

Page No. IV

FOREWORD

At the time of development of this document, 113 OISD standards, recommended practices
and guidelines are applicable to the Oil and Gas installations of Public sector Oil
Companies in India. 11 of these standards have been adopted by Petroleum and
Explosives Safety Organisation (PESO) in various rules administered by them and thus the
provisions of these standards are mandatory for entire Oil & Gas sector to that extent.

A few serious accidents have occurred in the recent past in India and abroad including
vapour cloud explosion and fire at Oil terminal near Jaipur emphasised the need for the
industry to review the existing provisions of various guidelines and statutory requirements.

With the above in view the Government of India directed the Oil Industry Safety directorate
to develop a comprehensive document covering all the facets of Safety in Design,

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Operation and Maintenance, of depots and terminals being run by marketing divisions of
Oil companies with an objective to strengthen the existing system.

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The present guideline on “Safety Practices During Construction” has been prepared by the
functional committee based on, existing standards, guidelines & recommended practices of

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OISD, the recommendations arising out of recent major accidents and their analysis, the
accumulated knowledge and experience of industry members in India and updation of

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National and International codes and practices.

The provisions of this document, if implemented objectively, may go a long way in


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enhancing overall safety standard and reduce accidents in Oil Installations.

Users are cautioned that no standard can be substitute to the “judgment and experience of
Engineers”
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This document will be reviewed periodically for improvements based on the new
experiences and better understanding. Suggestions are also invited from the users after it
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is put into practice to improve the document further. Suggestions may be addressed to:
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The Co-ordinator
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Committee on “Safety Practices during Construction”


Oil Industry Safety Directorate
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Government of India
Ministry of Petroleum & Natural Gas
8th Floor, OIDB Bhavan, Plot No. 2, Sector – 73, Noida – 201301 (U.P.)
Website: www.oisd.gov.in
Tele: 0120-2593800, Fax: 0120-2593802

This document in no way supersedes the statutory regulations of Chief Controller


of Explosives (CCE), Factory Inspectorate or any other statutory body, which must
be followed as applicable.

Page 450 of 13748


OISD/DOC/2018/26

Page No. V

NOTE

Oil Industry Safety Directorate (OISD)


publications are prepared for use in the Oil and Gas
Industry under Ministry of Petroleum & natural Gas.
These are the property of Ministry of Petroleum & Natural
Gas and shall not be reproduced or copied and loaned or
exhibited to others without written consent from OISD.

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Though every effort has been made to assure
the accuracy and reliability of the data contained in these

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documents, OISD hereby expressly disclaims any liability
or responsibility for loss or damage resulting from their
use.

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These documents are intended to supplement
rather than replace the prevailing statutory requirements.
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OISD/DOC/2018/26

Page No. VI

SECOND FUNCTIONAL COMMITTEE ON CONTRACTOR SAFETY

LIST OF MEMBERS

Name Organization Status

S/Shri

A K Gupta DGM (HSE), IOCL Leader

Dharmvir Addl. Director, OISD Member Coordinator

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Ashok Dashputre Vice President, RIL Member

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P K Agarwal CM (HSE), IOCL Member

D Jana AGM-Construction, EIL Member

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Udoay Payyadi Sr. Manager-Maintenance, HPCL Member

Vijay Mohan

B K Rabha
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Addl. Director, CHT

Dy. CE(Instrumentation), OIL


Member

Member
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Sankar Raman V CM-E&C, BPCL - Kochi Refineries Ltd. Member

Yogesh J Nakhare Manager-F&S, HPCL. Member


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Pushp Khetarpal Sr. Vice President (O&M), Petronet LNG Member


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Upinder Kumar Petronet LNG Member


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A K Arora Addl. Director, OISD Member


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In addition to the above, several other experts from Industry contributed in the
preparation, review and finalisation of this Guideline.
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OISD/DOC/2018/26

Page No. VII

FIRST FUNCTIONAL COMMITTEE ON


SAFETY PRACTICES DURING CONSTRUCTION

NAME ORGANISATION

LEADER
Shri A.K. Tandon EIL, New Delhi.
MEMBERS
1. Shri U.M. Rao GAIL, Noida.

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2. Shri K.N. Ravindran CRL, Cochin

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3. Shri P.K. Anand ONGC, Mumbai.

4. Shri H.N. Das ONGCL, Nazaria.

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5. Shri Jagnandan Tyagi IOC(PL) Nodia.

6. Shri M.C Lohar di IBP Co. Ltd., Calcutta.


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7. Shri J.C. Agrawal IOC, Mktg, New Delhi.

8. Shri S.M. Ghotavadekar HPCL, Mumbai.


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9. Shri Sanjoy Ghose BPCL, Mumbai.

10. Shri H. C Jha “Hari” IOC-Panipat Refinery.


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11. Shri Suhas Kate HPCL, Visakh.


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Member-Coordinator
Shri A.K. Ranjan OISD, New Delhi
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OISD/DOC/2018/26

Page No. VIII

CONTENTS

SECTION Page No.

1.0 Introduction 1

2.0 Scope 1

3.0 Definitions 1

4.0 General Duties 2

4.1 General Duties Of Execution Agencies 2

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4.2 General Duties Of Owners 4

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5.0 Safety Practices At Work Places 4

5.1 General Provisions 4

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5.2 Means Of Access And Egress 5

5.3 Housekeeping di 5
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5.4 Precautions against The Fall Of Materials and Persons
and Collapse Of Structures 6

5.5 Prevention Of Unauthorised Entry 6


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5.6 Fire Prevention And Fire Fighting 6


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5.7 Lighting 7

5.8 Plant, Machinery, Equipment and Hand Tools 7


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6.0 Construction Activities 9


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6.1 Excavation 10

6.2 Scaffolding, Platforms & Ladders 12


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6.3 Structural Work, Laying of Reinforcement & Concreting 22

6.4 Road Work 26

6.5 Cutting/Welding 27

6.6 Working in Confined Spaces 29

6.7 Proof / Pressure Testing 31

6.8 Working at Heights 31

6.9 Handling and Lifting Equipment 34

Page 454 of 13748


OISD/DOC/2018/26

Page No. IX

6.10 Vehicle Movement 39

6.11 Electrical 40

6.12 Offshore 43

6.13 Demolition 48

6.14 Radiography 49

6.15 Sand/Shot Blasting / Spray Painting 50

6.16 Work above Water 51

7.0 Additional Safety Precaution for Units with Hydrocarbons 52

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8.0 Environment Protection 53

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9.0 Occupational Health 55

10.0 Documentation 56

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11.0 Safety Awareness & Training 56

12.0 References di 57
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Annexure I 58
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SAFETY PRACTICES DURING CONSTRUCTION

SAFETY PRACTICES DURING CONSTRUCTION

1.0 INTRODUCTION

Safety in Construction Management deserves utmost attention especially in the


hydrocarbon industry, such as Exploration, Refineries, Pipelines and Marketing
installations, Gas Processing units etc. Construction is widely recognised as one
of the accident prone activities. Most of the accidents are caused by inadequate
planning, failure during the construction process and/or because of design
deficiencies. Besides property loss, accidents also result in injuries and fatalities
to the personnel, damage to environment which needs to be prevented.

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The reasons for accidents during construction activities are related to unique
nature of the industry, human behaviour, difficult work-site conditions, extended

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odd duty hours, lack of training & awareness and inadequate safety
management. Unsafe working methods, lack of proper JSA (Job Safety Analysis)
and use of improper / inadequate PPEs, equipment failure and improper
housekeeping also tend to increase the accident rate in construction.

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Ensuring good quality of materials, equipment and competent supervision along
with compliance of standard engineering practices shall go a long way to in built
safety into the system.
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The objective of this document is to provide practical guidance on technical and
educational framework for health, safety and environment in construction with a
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view to:
(a) prevent accidents and harmful effects on the health of workers arising
from employment in construction;
(b) ensure appropriate safety during implementation of construction;
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(c) provide safety practice guidelines for appropriate measures of planning,


control and enforcement.
(d) protect environment.
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2.0 SCOPE

This document specifies broad guidelines on HEALTH, SAFETY AND


ENVIRONMENT practices to be adhered to during construction activities
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including green field projects in oil industry. However, before commencing any
job, specific hazards and its effects should be assessed and necessary
corrective/preventive actions should be taken by all concerned. The document is
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intended only to supplement and not to replace or supersede the prevailing


statutory requirements, which shall also be followed as applicable. For Personal
Protective Equipment, OISD-STD-155 (Part I&II) shall be referred to. The scope
of this document does not include the design aspects and quality checks during
construction.

3.0 DEFINITIONS

Definitions of various terminology are given below:

 Adequate, appropriate or suitable are used to describe qualitatively or


quantitatively the means or method used to protect the men, machinery,
material, property and enviroment.

 By hand: The work is done without the help of a mechanised tool.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

 Competent Authority: A stautory agency having the power to issue


regulations, orders or other instructions having the force of law.

 Competent person: A person possessing adequate qualifications, such as


suitable training and sufficient knowledge, experience and skill for the safe
performance of the specific work. The competent authorities may define
appropriate criteria for the designation of such persons and may determine
the duties to be assigned to them.

 Construction site:
A worksite involving new construction, modification or maintenance of
existing facility, shutdown related activity, demolition, housekeeping etc.

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 Environment:
Environment includes water, air and land and the interrelationship which

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exists among and between water, air and land and human beings, other
living creatures, plants, microorganisms and property.

 Execution agency:

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Any entity / person, having contractual obligation with the owner and who


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employs one or more workers on a construction site.

Hazard: A condition or a set of conditions which has potential of causing


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injury to person, damage to property or environment.
 Health: Soundness of body covering Physical, Emotional, Psychological and
Intellectual conditions of a worker which assists the attainment of the
objectives.
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 Means of access or egress: Passageways, corridors, stairs, platforms,


ladders and any other means for entering or leaving the workplace or for
escaping in case of danger.
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 Owner: Any entity / person for whom construction job is carried out.
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It shall also include owner's designated representative/ consultant/ nominee/


agent, authorised from time to time to act for and on its behalf for supervising/
coordinating the activities of the execution agency.
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 Scaffold: Any fixed, suspended or mobile temporary structure supporting


workers and material or to gain access to any such structure and which is not
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a lifting appliance.
 Safety : Prevention & protection from exposure to Hazard.

 Worker: Any person engaged in construction activity.

 Workplace: Owner’s designated premises where workers need to be


present by virtue of their involvement in the construction activity.

4.0 GENERAL DUTIES


4.1 GENERAL DUTIES OF EXECUTION AGENCIES

4.1.1 Execution agency should:


i) provide means and organisation to comply with the Health, safety
and environment protection measures required at the workplace.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

ii) provide and maintain workplaces, plant, equipment, tools and


machinery and organise construction work so that, there is no risk
of accident or injury to health of workers. In particular,
construction work should be planned, prepared and undertaken
so that:
(a) dangers liable to arise at the workplace, are prevented;
(b) excessively or unnecessarily strenuous work positions and
movements are avoided;

 organisation of work takes into account the safety and


health of workers and also environment protection;

 materials and products used are suitable from Health

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safety and environment protection point of view;
(c) working methods are adopted to safeguard workers against

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the harmful effects of chemical, physical and biological
agents.
iii) establish committees with representatives of workers and

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management or make other arrangement for the participation of
workers in ensuring safe working conditions.
iv)
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arrange for periodic safety inspections by competent persons of
all buildings, plant, equipment, tools, machinery, workplaces and
review of systems of work, regulations, standards or codes of
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practice. The competent person should examine and ascertain the
safety of construction machinery and equipment.
v) provide such supervision to ensure that workers perform their
work with due regard to safety and health of theirs as well as that
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of others.
vi) employ only those workers who are qualified, trained and suited
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by their age, physique, state of health and skill.


vii) satisfy themselves that all workers are informed and instructed in
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the hazards connected with their work and environment and


trained in the precautions necessary to avoid accidents and injury
to health.
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viii) ensure that buildings, plant, equipment, tools, machinery or


workplaces in which a dangerous defect has been found should
not be used until the defect has been rectified.
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ix) organise for and remain always prepared to take immediate steps
to stop the operation and evacuate workers as appropriate, where
there is an imminent danger to the safety of workers.
x) establish a checking system by which it can be ascertained that
all the members of a shift, including operators of mobile
equipment, have returned to the camp or base at the close of
work on dispersed sites and where small groups of workers
operate in isolation.

 provide appropriate first aid, training and welfare facilities to


workers as per various statutes like the Factories Act 1948,
Building & Construction Workers Regulation (BOCWR), etc.
and, whenever collective measures are not feasible or are
insufficient, provide and maintain personal protective
equipment and clothing in line with the requirement as per
OISD-STD-155 (Part I & II) on Personnel Protective
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

Equipment. They should also provide access to workers to


occupational health services.

 educate workers about their right and the duty at any


workplace to participate in ensuring safe working conditions to
the extent of their control over the equipment and methods of
work and to express views on working procedures adopted as
may affect health, safety and environment.
xi) ensure that except in an emergency, workers unless duly
authorised, should not interfere with, remove, alter or displace any
safety device or other appliance furnished for their protection or
the protection of others, or interfere with any method or process
adopted with a view to avoiding accidents and injury to health.

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xii) ensure that workers do not operate or interfere with plant and
equipment that they have not been duly authorised to operate,

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maintain or use.
xiii) ensure that workers do not sleep, rest or cook etc in dangerous
places such as scaffolds, railway tracks, garages, confined

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spaces or in the vicinity of fires, dangerous or toxic substances,
machines or vehicles and heavy equipment etc.
xiv)
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obtain the necessary clearance/permits as required and specified
by owner.
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Arrangement for drinking water, toilet facilities, a creche and
transport arrangement etc. to be provided as per statutory
requirement.
xv) deploy a safety officer at site as per the requirement of Factory
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Act 1948/ Building & Construction Workers Regulation (BOCWR)/


Criticality of the job.
xvi) ensure that all employees/workmen undergo medical examination
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as required under the law or under the contract provision and


keep a record of the same.
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xvii) obtain the police verification of the workers/ supervisors arranged


by him and the same is to be submitted to the owner.
xviii) not permit any employee/workmen/visitor to enter the work area
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under the influence of alcohol or any drugs.


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4.2 GENERAL DUTIES OF OWNERS

4.2.1 Owners should:


i) co-ordinate or nominate a competent person to co-ordinate all activities
relating to HEALTH, SAFETY AND ENVIRONMENT on their construc-
tion projects;
ii) inform all contractors on the work site / project of special risks to
HEALTH, SAFETY AND ENVIRONMENT;
iii) ensure that executing agency is aware of the owner's requirements and
the executing agency's responsibilities with respect to HEALTH,
SAFETY AND ENVIRONMENT practices before starting the job.

5.0 SAFETY PRACTICES AT WORK PLACES


5.1. GENERAL PROVISIONS

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

5.1.1 All openings and other areas likely to pose danger to workers should be
clearly indicated and accident prevention measures taken as required.
The working area should be clearly de-marketed to keep the workers in
that area only.
5.1.2 Workers & Supervisors should use the safety helmet and other
requisite Personal Protective Equipment according to job & site
requirement as per OISD-STD-155 (Part I & II). They should be trained
to use personal protective equipment including their limitations.
5.1.3 Never use solvents, alkalis and other oils to clean the skin.

5.1.4 Lift the load with back straight and knees bent. The contractor shall
ensure at his construction site, no worker lifts by hand or carries

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overhead or over his back or shoulders any material, article, tool or
pipelines exceeding in weight as per The Factory Act 1948 / Rule 38 of

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Building & Construction Workers Regulation (BOCWR), unless aided by
another worker or device.
5.1.5 Ensure the usage of correct and tested tools and tackles. Don't allow
the make shift tools and tackles. Also the tools should be suitable for a

a
particular job and rated accordingly.
5.1.6
5.1.7
di
No loose clothing should be allowed while at construction site.
Start work only after proper authorization viz Work permit etc.
In
5.1.8 Job safety analysis to be done for all critical works.
5.1.9 Hydra should not be used for transportation of hook loaded materials.
5.1.10 Rope ladders should not be used at construction sites.
rs

5.2 MEANS OF ACCESS AND EGRESS


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Adequate and safe means of access (atleast two, differently located) to and
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egress from all workplaces should be provided. Same should be displayed and
maintained. Escape routes should be marked prominently in workers friendly
language. The escape routes should not be blocked at any point of time and
same to be made understand to the workers.
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5.3 HOUSEKEEPING
En

5.3.1 General Housekeeping shall be carried out by the contractor and he will
ensure;
i) proper storage of materials and equipment;
ii) removal of scrap, inflammable material, waste and debris at
appropriate intervals including slippery materials. (construction
sand on road, oil/ lubricants, resins, etc.).
iii) to provide containers for segregation of disposal of debris at
required places and regular cleaning of the same.
5.3.2 Removal of loose materials, which are not required for use, to be
ensured. Accumulation of these at the site can obstruct means of
access to and egress from workplaces and passageways.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

5.3.3 Workplaces and passageways, that are slippery owing to oil, grease or
other causes, should be cleaned up or strewn with sand, sawdust, ash
etc.
5.3.4 All surplus earth and debris are removed/disposed off from the working
areas to officially designated dumpsites. The debris like plastics,
packing material, rubber items should not be allowed to burn. Trucks
carrying sand, earth and any pulverized materials etc. in order to avoid
dust or odour impact, shall be covered while moving.

5.4 PRECAUTIONS AGAINST THE FALL OF MATERIALS & PERSONS AND


COLLAPSE OF STRUCTURES

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5.4.1 Precautions should be taken such as the provision of fencing, look-out
men or barriers to protect any person against injury by the fall of

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materials, or tools or equipment being raised or lowered.
5.4.2 Where necessary to prevent danger, guys, stays or supports should be
used or other effective precautions should be taken to prevent the
collapse of structures or parts of structures that are being erected,

a
maintained, repaired, dismantled or demolished.
5.4.3

5.4.4
di
All openings through which workers are liable to fall should be kept
effectively covered or fenced and displayed prominently.
SOP of crane operation should be adhered to. The crane jacks/legs
In
should be parked on compacted surface to avoid tilting.

5.5 PREVENTION OF UNAUTHORISED ENTRY


rs

5.5.1 Construction sites located in built-up areas and alongside vehicular and
pedestrian traffic routes should be fenced to prevent the entry of
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unauthorised persons.
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5.5.2 Visitors should not be allowed access to site(s) unless accompanied by


or authorised by a competent person. All authorized visitors should
report at the site office. Contractor shall provide visitor’s helmet (helmet
with visitor sticker) and other PPEs like Safety Shoe, reflective jacket,
respiratory protection etc. as per requirement of the site. All the workers
gi

to have photo IDs including the staff of vehicles used in the job.
En

5.6 FIRE PREVENTION AND FIRE FIGHTING

5.6.1 All necessary measures should be taken by the executing agency and
owner to:
i) avoid the risk of fire;
ii) control quickly and efficiently any outbreak of fire;
iii)bring out a quick and safe evacuation of persons.
iv)Inform unit/fire station control room, where construction work is
carried out within existing operating area.
v) DMP should be in place for the same.
5.6.2 Combustible materials such as packing materials, sawdust, greasy/oily
waste and scrap wood or plastics should not be allowed to accumulate
in workplaces but should be kept in closed metal containers in a safe
place. To be disposed periodically away from site at designated place
and assigned manner.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

5.6.3 Places where workers are employed on works prone to danger of fire
should be provided with:
i) suitable and sufficient fire-extinguishing equipment, which should be
easily visible and accessible;
ii) an adequate water supply at sufficient pressure meeting the
requirements of various OISD standards.
iii) required PPEs.
5.6.4 To guard against danger at places having combustible material, workers
should be trained in the action to be taken in the event of fire, including
the use of means of escape.
5.6.5 At sites having combustible material, suitable visual sign boards should
be provided to indicate clearly the direction of escape in case of fire.

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5.6.6 Means of escape should be kept clear at all times. Escape routes
should be frequently inspected and if possible marked in fluorescent

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colours particularly in high structures and where access is restricted.

5.7 LIGHTING

a
5.7.1 Where natural lighting is not adequate, working light fittings or portable
di
hand-lamps should be provided at workplace on the construction site
where a worker will do a job.
In
5.7.2 Emergency lighting should be provided for personnel safety during night
time to facilitate standby lighting source, if normal system fails.
5.7.2 Artificial lighting should not produce glare or disturbing shadows.
rs

5.7.3 Lamps should be protected by guards against accidental breakage.


5.7.4 The cables of portable electrical lighting equipment should be of
e

adequate size & characteristics for the power requirements and of


adequate mechanical strength to withstand severe conditions in
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construction operations.
5.7.5 For temporary lighting connection, mostly neutral and phases are
connected and insulation tapes are provided. It is better to stagger the
neutral and phase connection so that even if the tape gets removed from
gi

the joints, there will be no short circuit/ spark between neutral and phase
due to staggering of neutral and phase.
En

5.7.6 All the temporary lighting/ machine connections are to be provided from
a three core cable for better safety.

5.8 PLANT, MACHINERY, EQUIPMENT AND HAND TOOLS

5.8.1 General Provisions

i) Plant, machinery and equipment including hand tools, both manual and
power driven, should:
a) be of proper design and construction, taking into account health,
Safety and ergonomic principles.
b) be maintained in good working order;
c) be used only for work for which they have been designed.
d) be operated only by workers who have been authorised and given
appropriate training.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

e) be provided with protective guards, shields or other devices


as required.

ii) Adequate instructions for safe use should be provided.

iii) Standard operating procedures should be established and used for all
plant, machinery and equipment.

iv) Operators of plant, machinery and equipment should not be distracted


while work is in progress.

v) Plant, machinery and equipment should be switched off when not in use
and isolated before any adjustment, clearing or maintenance is done.

d
vi) Where trailing cables or hose pipes are used they should be kept as

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short as practicable and not allowed to create a hazard.

vii) All moving parts of machinery and equipment should be enclosed or


adequately guarded.

a
viii) Every power-driven machine and equipment should be provided with
di
adequate means, immediately accessible and readily identifiable to the
operator, of stopping it quickly and preventing it from being started again
inadvertently.
In
ix) Operators of plant, machinery, equipment and tools should be provided
with PPEs, including where necessary, suitable ear protection.
rs

5.8.2 Hand tools


e

i) Hand tools should be repaired by competent persons.


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ii) Heads of hammers and other shock tools should be dressed or ground to
a suitable radius on the edge as soon as they begin to mushroom or crack.
iii) When not in use and while being carried or transported, sharp tools should
be kept in sheaths, shields, chests or other suitable containers.
gi

iv) Only insulated or non-conducting tools should be used on or near live


electrical installations.
En

v) Only non-sparking tools should be used near or in the presence of


flammable or explosive dusts or vapours.

5.8.3 Pneumatic Tools

i) Operating triggers on portable pneumatic tools should be:


a) so placed as to minimise the risk of accidental starting of the
machine.
b) so arranged as to close the air inlet valve automatically when the
pressure of the operator's hand is removed.

ii) Hose and hose connections for compressed air supply to portable
pneumatic tools should be:

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

a) designed and tested for the pressure and service for which they
are intended;
b) fastened securely on the pipe outlet and equipped with the safety
chain, as appropriate.
iii) Pneumatic shock tools should be equipped with safety clips or retainers to
prevent dies and tools from being accidentally expelled from the barrel.
iv) Pneumatic tools should be disconnected from power and the pressure in
hose lines released before any adjustment or repair is made.

5.8.4 Electrical Tools


i) Low voltage portable electrical tools should generally be used.

d
ii) All electrical tools should be earthed, unless they are "all insulated" or
"double insulated" tools which do not require earthing.

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iii) All electrical tools should get inspected and maintained on a regular basis
by a competent electrician and complete records kept.
iv) No temporary connected appliance shoud be left connected in the socket.
Its plug should be immediately removed after use.

a
5.8.5 Engines
i) Engines should:
di
In
a) be installed so that they can be started safely and the maximum
safe speed cannot be exceeded.
b) have controls for limiting speed.
c) have devices to stop them from a safe place in an emergency.
rs

d) have their batteries top covered with insulating material.


e) have radiator fan covers in place.
e

ii) IC engines should not be run in confined spaces unless adequate


exhaust ventilation is provided or the exhaust should be installed outside
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the confined place at suitable height.

iii) When IC engines are being fuelled:


gi

a) the engine should be shut off.


b) care should be taken to avoid spilling fuel.
c) no person should smoke or have an naked light in the vicinity.
En

d) a fire extinguisher should be kept readily available.


iv) Secondary fuel reservoir should be placed outside the engine room.

6.0 CONSTRUCTION ACTIVITIES

The various common activities in construction are as under:


 Excavation
 Scaffolding, Platforms & Ladders
 Structural Work, Laying of Reinforcement & Concreting
 Road Work (Laying of roads)
 Cutting /Welding
 Working in Confined Space

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

 Proof/Pressure Testing
 Working at Heights
 Handling & Lifting Equipment
 Vehicle Movement
 Electrical
 Offshore
 Demolition
 Radiography
 Shot blasting/ spray painting
 Work above water

d
Work permit system as per requirement of OISD-STD-105 shall be followed for

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various construction activities. As regards the activities at work places including
grass root project sites if not covered under OISD-STD-105, owner shall develop
a suitable methodology for execution of various construction activities under work
permit system for safe execution of the works.

a
The safe practices to be followed during the implementation of above construction
activities are given below:

6.1 EXCAVATION
di
In
6.1.1 All excavation work should be planned and the method of excavation and
the type of support work required should be decided considering the
following:
rs

i) the stability of the ground including the chances of seepage of water;


ii) the excavation will not affect adjoining buildings, structures or
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roadways;
iii) to prevent hazard, the Hydrocarbon lines, water, electrical and other
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above ground & underground public utilities should be shut off, re-
routed or disconnected, if necessary; If such a presence is envisaged,
clearance to be taken from respective competent authority/ person.
iv) the position of culvert/bridges, temporary roads and spoil heaps
should be determined;
gi

v) a signed rough sketch of the excavation site to be prepared and made


the workers understand
En

6.1.2 Before digging begins on site, all excavation work should be planned and
the method of excavation and the type of support work required should be
decided based on good engineering practices and recorded.
6.1.3 All excavation work should be supervised by a competent person.
6.1.4 Sites of excavations should be thoroughly inspected:
i) daily, prior to each shift and after interruption in work of more than one
day;
ii) after every blasting operation;
iii) after an unexpected fall of ground;
iv) after substantial damage to supports;
v) after a heavy rain, frost or snow;
vi) when boulder formations are encountered.
vii) for cracks in the nearby buildings or area as the excavation
progresses and the same to be reviewed.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

6.1.5 Safe angle of repose while excavating trenches exceeding 1.5m depth
upto 3.0m should be maintained. Based on site conditions, provide
0
proper slope, usually 45 ,and suitable bench of 0.5m width at every 1.5m
depth of excavation in all soils except hard rock or provide proper shoring
and strutting to prevent cave-in or slides.
6.1.6 As far as possible, excavated earth should not be placed within one
meter of the edge of the trench or depth of trench whichever is greater.
6.1.7 Don't allow vehicles to operate too close to excavated area. Maintain
atleast 2m distance from edge of excavation or depth of trench whichever
is greater. No load, plant or equipment should be placed or moved near
the edge of any excavation where it is likely to cause its collapse and
thereby endanger any person unless precautions such as the provision of
shoring or piling are taken to prevent the sides from collapsing.

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6.1.8 Adequately anchored stop blocks and barriers should be provided to

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prevent vehicles being driven into the excavation. Heavy vehicles should
not be allowed near the excavation unless the support work has been
specially designed to permit it.
6.1.9 If an excavation is likely to affect the stability of a structure on which

a
persons are working, precautions should be taken to protect the structure
from collapse.
di
6.1.10 Barricade at 1m height (with red & white band/self glowing caution board)
should be provided for excavations beyond 1.0 m depth. Provide two
In
entries/exits for such excavation through proper means. Lighting
arrangements to be made to avoid any accidental fall in the excavated
portion even when work is not in progress.
6.1.11 Necessary precautions should be taken for underground utility lines like
rs

cables, sewers etc. and necessary approvals/clearances from the


concerned authorities shall be obtained before commencement of the
excavation job.
e

6.1.12 Water shall be pumped/ bailed out, if any accumulates in the trench.
Necessary precautions should be taken to prevent entry of surface water
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in trenches.
6.1.13 During / after rains, the soil becomes loose. Take additional precaution
against collapse of side wall. During rains excavation should be avoided.
gi

6.1.14 In hazardous areas, air should be tested to ascertain its quality. No one
should be allowed entry till it is suitable for breathing.
En

6.1.15 In case of mechanised excavation, precaution shall be taken to not to


allow anybody to come within one meter of extreme reach of the
mechanical shovel. This area of reach of mechanical shovel should be
marked / barricaded suitably. The mechanised excavator shall be
operated by a well-trained experienced operator. When not in operation,
the machine shall be kept on firm leveled ground with mechanical shovel
resting on ground. Wheel or belt shall be suitably jammed to prevent any
accidental movement of the machine. Suitable precautions as per
manufacturer guidelines should be taken for dozers, graders and other
heavy machines.
6.1.16 In case of blasting, follow strictly IS:4081-1986 & Indian Explosive Act
and rules for storage, handling and carrying of explosive materials and
execution of blasting operation.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

6.2 SCAFFOLDING, PLATFORMS & LADDERS


System of tagging shall be followed to indicate status of `Fit-for-Purpose’
certification by a competent person for the scaffoldings. Green Tag shall indicate
`Fit-for-Purpose’ whereas Red Tag shall indicate `Unfit-for-purpose’. Accordingly
only Red Tag shall be displayed during Erection & Dismantling.
All personnel engaged in erecting, using, dismantling scaffolds shall use full body
safety harness with double lanyard with shock absorber connected with personal
fall arrestor which should be secured to a properly designed anchor.

6.2.1 Scaffold related guidelines

d
General Requirements

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Categories and Classification

Most scaffolds fall into one of the four primary categories:

a
 Tube and coupler scaffold
di
 System scaffolds e.g. Cup lock, Ring lock, H frame scaffold
 Suspension(or Suspended) scaffold
In
 Mobile scaffold
 Special scaffold

Scaffolds are classified according to their intended use as:


rs

 Light duty
 Medium duty (General Purpose)
e

 Heavy duty
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Type of Scaffolding Load duty Light Medium Heavy/Special

Maximum Safe load in 75 150 225 300 450 600


2
gi

Kg/m
Tubular with clamps Max. bay length (distance 2.7 2.2 1.8 1.4 1.0 0.8
between two verticals) in
En

Cup / Ring lock 2.5 2.0 1.5 1.25 1.0 NA


Meter

Conditions where special scaffolding procedure is required:

1. Height of the scaffolding is more than 30 meters.

2. Scaffolding is special in nature/ type: cantilever more than 1 .5


meters, bridge more than 4 meters, scaffolding for machine/
equipment maintenance requiring frequent modifications, offshore
scaffold, hanging scaffold; wooden scaffold (for specific use e.g.
cooling tower), etc.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

For all such cases, but not limited to, in addition to checklist, a plant
specific procedure cum checklist based on additional risk is to be
prepared & validated by a competent person (example: procedure for

d
erection/ dismantling shall be prepared and followed. If need felt, help
from Engineering Cell/Third Party may be taken for checking proposed

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scaffold in respect of design and load carrying capacity etc.).

Specifications of Scaffolds

a
Applicable to all Scaffolds

di
1. All elevated structures/ working platform areas should be guarded on
all sides.
In
2. Railings and toe boards should be provided on the platform.

3. Scaffolds shall be designed to support at least 4 times the anticipated


rs

weight of Men, material and wind force.

4. Make certain that all scaffolds are in plumb and level at all times.
e

5. Scaffolds shall be secured from tipping when the scaffold height


ne

exceeds four times its minimum base dimension.

6. Scaffolds must be constructed at least 3 planks wide unless location


gi

makes this physically impossible.

7. Landing platform should be provided at every 9 meter of height or


En

less.

8. The members of scaffolds should extend at least 6" on either ends but
not more than 12". They should be fastened on both ends and laid
tight by clamps.

9. All scaffoldings having height to base ratio more than 4 shall be


secured firmly with permanent structure in X and Y direction at least
every 6 meters.

10. Scaffold which spread to 20 meter or more should have two accesses
preferably opposite side.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

11. Plastic Checklist holder with red marked to be used as a “Not Fit-for-
Purpose” warning signboard and Green colour combined checklist to
be used as “Fit-for-Purpose” signboard.

12. Keep distance of at least 150mm between high temp Pipelines or


equipment and scaffolding.

13. Safe distance from overhead electrical lines to be maintained as per


Site electrical safety procedures.

Applicable to Tube-and-coupler scaffold

d
1. Tube and coupler scaffolds over 30 meter in height must be Designed
by a competent professional engineer (who by extensive knowledge,

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training, and experience have successfully demonstrated his ability to
carry out scaffold design and load calculations).
2. Maximum height of first horizontal member (Ledger) of scaffolds from
the Ground shall be 2.2 meters. Lower lift can be considered for heavy

a
loads depending upon the scaffold design. When scaffold is more than
6 meter height for carrying heavy load, kicker lift should be provided at
a height of 150mm from ground.
di
3. The top rail shall be at height of 900-1200 mm and Mid rails must be
In
installed approximately halfway between the top rail and the platform
surface. Toe boards (150mm) should be securely attached to the
working platform. Toe boards are generally applicable to working
rs

platform and not for landing platforms.

4. The bay length & width depends on the height and the load to be
e

carried by the scaffold.


ne

5. Bracings shall be fitted up to full height of scaffold.

6. Standards should be joined having overlap of min 600 mm using three


equally spaced swivel clamps or end to end using sleeve/pin type
gi

coupler.
En

7. Ledgers should be joined having overlap of min 600 mm using three


equally spaced swivel clamps or end to end using sleeve coupler.

8. Base plate 150 x 150 x 6mm shall be used to support all vertical pipes
of Scaffolds.

9. Sole plate shall be used at all unpaved area to support base late.

10. Scaffolding platform Grating shall be tied with clamp at both ends, and
scaffolding platform Grating shall not overhang more than 150 mm
and shall be at least 150 mm away from hot surface.

11. Every scaffold shall be provided with certified ladder and extending its
free end shall be above platform by 1000 mm/ four rungs.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

Applicable to Mobile scaffolds

1. Attach castors with plain stems to the panel or adjustment screw by


pins or other suitable means.

2. Apply castor brakes/lock at all times when scaffolding is not being


moved.

3. Do not ride rolling scaffoldings.

4. Remove all material and equipment from platform before moving


scaffolding.

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5. Do not try to move rolling scaffolding without sufficient help. Watch

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out for holes protrusions in the floor and for overhead obstructions.

6. Do not use brackets on rolling scaffoldings without first considering


the overturning effect.

a
Design Criteria


di
All types of scaffolds shall be strong enough of carrying and
In
transmitting all types of loads to the ground. All scaffolds shall be
adequately secured, stiffened, both longitudinally and transversely.

 Scaffolding determines as per the requirement and use of scaffold


rs

such as:

o Purpose of scaffolding
e

o Loading on scaffold platform


ne

o Required height

o Sufficient work place


gi

o Surrounding environment
En

Storage and inspection of materials

 All scaffolding material shall be stored at designated location to


protect them from adverse environment conditions such as corrosion,
weather.

 Storage racks/ Locations/ areas shall be clearly identified.

 Storage facility of scaffold material shall be properly constructed for its


stability and load bearing capability.

 Steel pipes and scaffolding platform Grating shall be stacked


horizontally according to length. Fittings, Couplers shall be stored in
separate bins.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

 Defective material shall be removed from site.

 Scaffolding material such as tubular, planks, clamps etc. shall be


inspected annually for contractor owned material by contractor. The
visual inspection shall cover 100% scaffold materials.

Transportation and handling of scaffolding material

 Make sure that scaffold pipe shifting done in vehicle of appropriate


length.

d
 Special safety care to be taken while shifting or lifting pipes manually.

Lt
 Rope and pulley should be used to lift pipe from height.

a
Safety requirements

di
A risk assessment to access scaffold hazards through inspection and work
method statement for relevant work activities shall be made before erecting,
In
dismantling, moving, or modifying scaffold. Examples of hazards to be
considered include the following:

 Working at/from heights.


rs

 The presence of nearby electrical lines or process equipment (e.g. hot line,
e

vents, drains, etc.). Necessary safety distances shall be maintained as


specified in site level electrical safety procedure.
ne

 Possible emergency scenario, escape routes and responses.

 The condition and loading of working surfaces /platform /scaffold pipes and
other components or loose material such as clamps/ bolts on the working
gi

platforms.
En

 The presence and activity of other people and equipment in the vicinity of
the work.

 The weather (Heavy rain, high wind velocity-more than 20 knots, etc).

 Erection during dark hours.

 Scaffold collapse.

 Manual task (Manual Material Handling).

 Access and egress during normal and emergency condition.

 The effect of heavy equipment movement in close vicinity such as within 4


meters to be considered for direct hit and sagging of land in case of
unpaved area.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

This assessment is a part of the work permit process but should also be
extended to the specific job planning of the crew performing the work.
Appropriate actions shall be taken to mitigate the hazards identified during the
assessment.

Fall protection when erecting, dismantling, and modifying scaffolds shall be


under the direction of a competent person (Scaffold Supervisor). Scaffold
erectors (Scaffolder) shall use personal fall-protection systems that provide
continuous fall protection while erecting, dismantling or modifying scaffolds
unless the determination is made by a competent person that fall protection is
not feasible or it creates a greater hazard. Fall protection can be
accomplished through the use of adequate anchorages that are independent

d
of the scaffold or by using scaffold systems and components that are

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approved by the manufacturer as adequate anchorages. Employees/workmen
shall use appropriate fall-arrest equipment.

The footing for supported scaffolds shall be sound, rigid, and capable of

a
supporting the maximum intended load, including the weight of the scaffold.

di
Scaffold platform grating shall be fastened on both ends and laid tight by
In
scaffold clamps/couplers.

Manufacturer’s guidelines for proprietary scaffolds (e.g. Cup lock, ring lock, H
frame, Insulating modular scaffolds) shall be followed unless a competent
rs

person approves the variance and provided the variance complies with
applicable regulations and generally accepted scaffold engineering practices.
e

Proprietary/special scaffold manufacturer’s guidelines for erection and


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inspection should be available with users, and with plant maintenance


engineer for reference.

The following safe practices with respect to scaffolds shall be followed:


gi

 There shall be firm foundation for all scaffoldings. All scaffolding shall be
En

made of sound material. Scaffolding material shall be inspected and used,


only if found in good condition. Avoid using equipment whose strength is
not known.

 Provide adequate Base for scaffolding posts. Metal base plate is used
under all upright or standard scaffoldings. Correct type of couplers shall be
used for all connections. Use right angle couplers for joining vertical to
horizontal members and swivel type couplers for joining bracing with
ledgers. For joining vertical load bearing members (standards), “joint pin”
type couplers can also be used. The couplers shall be of a structural
metal, such as drop-forged steel, malleable iron, or structural grade
aluminum (use of gray cast iron is prohibited).

 Plumb and level scaffoldings as erection proceeds, so that braces will fit
without forcing. Fasten all braces securely.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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 Where scaffoldings are erected above walkways or work areas, the space
between toe board and railing should be screened (e.g. Safety net, Metal
sheets).

 Whenever work is being done over men who are working on scaffolding,
overhead protection should be provided on the scaffolding.

 Restrain free-standing scaffolding towers from tipping by guying or other


means.

 A safe and convenient means of access shall be provided to the platform


level. Means of access may be a portable ladder, fixed ladder, ramp or

d
runway or stairway. The ladder shall be so installed that there supporting
member (pipe) is just below ladder rung. This is to avoid tripping hazard,

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especially while using the ladder.

 During erection, the ladder shall be installed as early as practicable, but

a
not later than first two horizontal members (Ledgers). This is to facilitate
Scaffolder while erecting the scaffold.

 di
During erection/ dismantling, scaffolder shall use ‘T’ steps to minimize risk
of accidental fall/ slip.
In
 Ladder should be provided with tie rods/studs at top and bottom rungs and
secured to scaffolding with ladder clamps, at least 2 locations for a ladder
of length up to 4 m & at 3 locations for more than 4 m long ladder.
rs

 The horizontal member/ ledger on which ladder is to be fixed, must be


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clamped to two subsequent standard using fixed clamps.


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 Do not cantilever or extend putlogs / trusses as side brackets, without


thoroughly considering the loads to be applied.

 Do not climb scaffold using cross braces.


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 Do not use ladders or makeshift devices on top of scaffoldings to increase


En

the height.

 Have at least 12” overlap and 6” extension beyond centerline of support or


cleat at both ends to prevent sliding.

 Do not allow unsupported ends of planking to extend an unsafe distance


beyond supports.

 Planks shall be non-greasy and free from defects.

 Access to working platform shall be suitably protected against inadvertent


fall by providing swing members/ swing gate or chains.

 When scaffolding is no longer required, request for dismantling of scaffold


shall be sent to scaffolding supervisor through work permit.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

 Scaffold shall be removed from top bracings. Ties, rackers etc. should not
be removed from section lower than the one which is being dismantled.

 Do not throw or allow falling to ground any scaffold member, board or


fittings.

 Dismantled scaffold material shall be neatly stacked, away from the site
until whole of scaffold has been dismantled.

6.2.2 Metal as material of construction

i) A scaffold should be provided and maintained or other equally safe

d
and suitable provision should be made where work cannot safely
be done on or from the ground or from part of a building or other

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permanent structure.
ii) Scaffolds should be provided with safe means of access, such as
stairs, ladders or ramps. Ladders should be secured against
inadvertent movement.

a
iii) Every scaffold should be constructed, erected, properly secured/

di
tied and maintained so as to prevent collapse or accidental
displacement during erection, while in use, in idle state or
dismantling.
In
iv) Every scaffold and part thereof should be constructed :
(a) in such a way so as not to cause hazards for workers during
erection and dismantling;
rs

(b) in such a way so as guard rails and other protective devices,


platforms, ladders, stairs or ramps can be easily put
together;
e

(c) with sound material and of requisite size and strength for the
purpose for which it is to be used and maintained in a proper
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condition.
v) Boards and planks used for scaffolds should be protected against
splitting.
gi

vi) Materials used in the construction of scaffolds should be stored


under good conditions and apart from any material unsuitable for
scaffolds.
En

vii) Couplers should not cause deformation in tubes. Couplers should


be made of drop forged steel or equivalent material.
viii) Tubes should be free from cracks, splits and excessive corrosion
and be straight to the eye, and tube ends cut cleanly square with
the tube axis.
ix) Scaffolds should be designed for their maximum load as per
relevant codes.
x) Scaffolds should be adequately braced.
xi) Scaffolds which are not designed to be independent should be
rigidly connected to the building at designated vertical and
horizontal places.
xii) A scaffold should never extend above the highest anchorage to an
extent which might endanger its stability and strength.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

xiii) Loose bricks, drainpipes, chimney-pots or other unsuitable material


should not be used for the construction or support of any part of a
scaffold.
xiv) Scaffolds should be inspected and certified:
(a) before being taken into use;
(b) at periodic intervals thereafter as prescribed for different
types of scaffolds;
(c) after any alteration, interruption in use, exposure to weather
or seismic conditions or any other occurrence likely to have
affected their strength or stability.
xv) Inspection should more particularly ascertain that:
(a) the scaffold is of suitable type and adequate for the job;

d
(b) materials used in its construction are sound and of sufficient
strength;

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(c) it is of sound construction and stable;
(d) that the required safeguards are in position.
xvi) A scaffold should not be erected, substantially altered or

a
dismantled except by or under the supervision.
xvii) If out-rigger scaffolding is to be used, it should be specifically
di
designed and inspected before putting in use.
In
6.2.3 Lifting appliances on scaffolds (CHAIN PULLEY BLOCKS,
PULLERS)

i) When a lifting appliance is to be used on a scaffold:


rs

(a) the parts of the scaffold should be carefully inspected to


determine the additional strengthening and other safety
e

measures required;
(b) any movement of the scaffold members should be prevented;
ne

(c) if practicable, the uprights should be rigidly connected to a


solid part of the building at the place where the lifting appli-
ance is erected.
gi

6.2.4 Prefabricated scaffolds

i) In the case of prefabricated scaffold systems, the instructions


En

provided by the manufacturers or suppliers should be strictly


adhered to. Prefabricated scaffolds should have adequate
arrangements for fixing bracing.
ii) Frames of different types should not be intermingled in a single
scaffold.
iii) Scaffolding shall be erected on firm and level ground. In case of
loose or uneven terrain, care should be taken to see that the
scaffolding is on firm footing by leveling / compacting or other
means.
iv) All members of metal scaffolding shall be checked periodically to
screen out defective / rusted members. All joints should be
properly lubricated for easy tightening.
v) Entry to scaffolding should be restricted.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

vi) Erection, alteration and removal shall be done under supervision of


experienced personnel.
vii) Use of barrels, boxes, loose bricks etc., for supporting scaffolds
shall not be permitted.
viii) Each supporting member of platform shall be securely fastened
and braced.
ix) Where planks are butt-joined, two parallel putlogs shall be used,
not more than 100mm apart, to give support to each plank.
x) Platform plank shall not project beyond its end support to a
distance exceeding 4 times the thickness of plank, unless it is
effectively secured to prevent tipping. Cantilever planks should be
avoided. If it is unavoidable overhang should be effectively secured

d
to prevent tipping.

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xi) The platform edges shall be provided with 150mm high toe board to
eliminate hazards of tools or other objects falling from platform.
xii) Erect ladders in the “four up-one out position”

a
xiii) Ladder shall be properly secured with the structure.
xiv) Use non-slip devices, such as, rubber shoes or pointed steel
di
ferules at the ladder foot, rubber wheels at ladder top, fixing
wooden battens, cleats etc.
In
xv) When ladder is used for climbing over a platform, the ladder must
be of sufficient length, to extend at least one meter above the
platform, when erected against the platform in “four up-one out
position.”
rs

xvi) Portable ladders shall be used for heights not more than 4mt.
Above 4mt flights, fixed ladders shall be provided with at least 600
mm landings at every 6mt or less.
e

xvii) The width of ladder shall not be less than 300mm and rungs shall
ne

be spaced not more than 300mm.


xviii) Every platform and means of access shall be kept free from
obstruction.
xix) If grease, mud, gravel, mortar etc., fall on platform or scaffolds,
gi

these shall be removed immediately to avoid slippage.


xx) Workers shall not be allowed to work on scaffolds during storms or
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high wind. After heavy rain or storms, scaffolds shall be inspected


before reuse.
xxi) Don't overload the scaffolding. Remove excess material and scrap
immediately.
xxii) Dismantling of scaffolds shall be done in a pre-planned sequential
manner.

6.2.5 Suspended scaffolds/ boatwain's chair

In addition to the requirements for scaffolds in general as regards


soundness, stability and protection against the risk of falls, suspended
scaffolds should meet the following specific requirements.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

(a) platforms should be designed and built with dimensions that are
compatible with the stability of the structure as a whole, especially
the length;
(b) the number or anchorage should be compatible with the
dimensions of the platform;
(c) the safety of workers should be safeguarded by an extra rope
having a point of attachment independent of the anchorage
arrangements of the scaffold;
(d) the anchorage and other elements of support of the scaffold
should be designed and built in such a way as to ensure sufficient
strength;
(e) the ropes, winches, pulleys or pulley blocks should be designed,
assembled, used and maintained according to the requirements
established for lifting gear adapted to the lifting of persons

d
according to national laws and regulations;
(f) before use, the whole structure should be checked by a competent

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person.

6.2.6 Bamboo Scaffolding

a
i) It should not be used in oil & gas installations and in the areas
where hot work is to be done.
ii) di
For construction and maintenance of low rise residential and office
buildings, situated outside explosive licensed area, bamboo
In
scaffold, if unavoidable, should conform to provisions given in lS-
3696 (Part 1)-1987.
rs

6.3 STRUCTURAL WORK, LAYING OF REINFORCEMENT & CONCRETING


6.3.1 General provisions
e

i) The erection or dismantling of buildings, structures, civil


engineering works, formwork, falsework and shoring should be
ne

carried out by trained workers only under the supervision of a


competent person.
ii) Precautions should be taken to guard against danger to workers
arising from any temporary state of weakness or instability of a
gi

structure.
iii) Formwork, falsework and shoring should be so designed,
En

constructed and maintained that it will safely support all loads that
may be imposed on it. Conformity with design during job execution
shall be certified by the competent person and the relevant records
shall be maintained.
iv) Formwork should be so designed and erected that working
platforms, means of access, bracing and means of handling and
stabilising are easily fixed to the formwork structure.
v) Proper methodology based on the design of the building /
structure to be developed and approved by competent person
before resorting to dismantling / modifications.
vi) All works / facilities should be certified for structural stabilities by a
competent person and on statutory requirement completed before
putting to use.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

6.3.2 Erection and dismantling of steel and prefabricated structures

i) The safety of workers employed on the erection and dismantling of


steel and prefabricated structures should be ensured by
appropriate means, such as provision and use of:
(a) ladders, gangways or fixed platforms;
(b) platforms, buckets, boatswain's chairs or other appropriate
means suspended from lifting appliances;
(c) safety harnesses and lifelines supported on properly
designed anchor, catch nets or catch platforms;
(d) Mechanical / Power-operated mobile working platforms;
(e) Proper Personal Protective Equipment.

d
ii) Steel and prefabricated structures should be so designed and
made that they can be safely transported and erected. Route
survey to be carried out from works to construction site route

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considering the load bearing capacity of the bridges, height of the
bridges en-route and maximum width and length permissible
without causing any hazard to public, the route and the equipment.

a
iii) In addition to the need for the stability of the part when erected, the
design should explicitly take following into account:
(a) di
the conditions and methods of attachment in the operations of
transport, storing and temporary support during erection or
dismantling as applicable;
In
(b) Methods for the provision of safeguards such as railings and
working platforms, and, when necessary, for mounting them
easily on the structural steel or prefabricated parts.
rs

iv) The hooks and other devices built in or provided on the structural
steel or prefabricated parts that are required for lifting and
transporting them should be so shaped, dimensioned and
e

positioned as:
(a) to withstand with a sufficient margin the stresses to which
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they are subjected;


(b) Not to set up stresses in the part that could cause failures, or
stresses in the structure itself not provided for in the plans,
and be designed to permit easy release from the lifting appli-
gi

ance. Lifting points for floor and staircase units should be


located (recessed if necessary) so that they do not protrude
above the surface;
En

(c) To avoid imbalance or distortion of the lifted load.


v) Storeplaces should be so constructed that:
(a) there is no risk of structural steel or prefabricated parts falling
or overturning;
(b) storage conditions generally ensure stability and avoid
damage having regard to the method of storage and atmo-
spheric conditions;
(c) racks are designed and secured on firm ground so that units
cannot move accidentally.
vi) While they are being stored, transported, raised or set down,
structural steel or prefabricated parts should not be subjected to
stresses prejudicial to their stability.
vii) Every lifting appliance should:

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

(a) be suitable for the operations and not be capable of acci-


dental disconnection;
(b) be approved or tested as per statutory requirement.
viii) Lifting hooks should have safety latch (self closing type).
ix) Lifting hooks, Tongs, clamps and other appliances for lifting
structural steel and prefabricated parts should:
(a) be of such shape and dimensions as to ensure a secure grip
without damaging the part;
(b) be marked with the maximum permissible load in the most
unfavourable lifting conditions.
(c) be periodically inspected and certified to ensure further usage
as per requirement of factory act / Building & Construction

d
Workers Regulation (BOCWR).

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x) Structural steel or prefabricated parts should be lifted only after
rigging plan approved by competent person to prevent them from
spinning, slipping or dropping accidentally.

a
xi) When necessary to prevent danger, before they are raised from the
ground, structural steel or prefabricated parts should be provided

xii)
prevent falls of persons. di
with safety devices such as railings and working platforms to

While structural steel or prefabricated parts are being erected, the


In
workers should be provided with appliances such as guiding ropes
for guiding them as they are being lifted and set down, so as to
avoid crushing of hands and to facilitate the operations. Use of
such appliances should be ensured.
rs

xiii) A raised structural steel or prefabricated part should be so secured


and wall units so propped that their stability cannot be affected,
even by external factors such as wind and passing loads before its
e

release from the lifting appliance.


ne

xiv) At work places, instruction should be given to the workers on the


methods, arrangements and means required for the storage,
transport, lifting and erection of structural steel or prefabricated
parts, and, before erection starts, a meeting of all those responsible
gi

should be held to discuss and confirm the requirements for safe


erection.
xv) During transportation within the construction area, attachments
En

such as slings and straps mounted on structural steel or


prefabricated parts should be securely fastened to the parts.
Vehicle loading should be such that the vehicle and the load remain
stable at all positions during transportation and unloading.
xvi) Structural steel or prefabricated parts should be so transported that
the conditions do not affect the stability of the parts or the means of
transport result in jolting, vibration or stresses due to blows, or
loads of material or persons.
xvii) When the method of erection does not permit the provision of other
means of protection against fall of persons, the workplaces should
be protected by guardrails, and if appropriate by toe-boards.
xviii) When adverse weather conditions such as snow, hailstorm, rain
and wind or reduced visibility, etc. entail risks of accidents, the
rigging work should be interrupted after taking necessary safety
precautions.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

xix) If necessary, to prevent danger, structural steel parts should be


equipped with attachments for suspended scaffolds, lifelines or
safety harnesses and other means of protection.
xx) The risks of falling, to which workers moving on high or sloping
girders are exposed, should be limited by all means of adequate
collective protection or, where this is impossible, by the use of a
safety harness that is well secured to a properly designed support.
xxi) Structural steel parts that are to be erected at a height should as far
as practicable be assembled on the ground.
xxii) When structural steel or prefabricated parts are being erected, a
sufficiently extended area underneath the workplace should be
barricaded or guarded

d
xxiii) Steel trusses that are being erected should be adequately shored,
braced or guyed until they are permanently secured in position.

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xxiv) Load-bearing structural member should not be dangerously
weakened by cutting, holing or other means.
xxv) Structural members should not be forced into place by the hoisting

a
machine while any worker is in such a position that he could be
injured by the operation.
xxvi) di
Open-web steel joists that are hoisted singly should be directly
placed in position and secured against dislodgment.
In
xxvii) All structures should be designed for either permanent anchors or
provision for erection of anchors as and when required to support
life line during any Maintenance work etc. during life of the
structure. The point of provision of anchor should be indicated
rs

through suitable signage for ease of use as and when required.


e

6.3.3 Reinforcement
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i) Ensure that workers use Personnel Protective equipment like safety


helmet with chin straps, safety shoes, gloves, full body safety
harness, safety goggles, etc.
ii) Don't place the hand below the rods for checking clear distance.
gi

Use measuring devices.


iii) Don't wear loose clothes while checking the rods.
En

iv) Don't stand unnecessarily on cantilever rods.


v) To carry out welding/cutting of rods, safety procedures/precautions
as mentioned in Item No. 6.5 to be followed.
vi) For supplying of rods at heights, proper staging and/or bundling to
be provided.
vii) Ensure barricading and staging for supplying and fixing of rods at
height.
viii) For short distance carrying of materials on shoulders, suitable pads
to be provided.
ix) While transporting material by trucks/trailers, the rods shall not
protrude in front of or by the sides of driver's cabin. In case such
protrusion cannot be avoided behind the deck, then it should not

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

rd
extend 1/3 of deck length or 1.5 Meters whichever is less and tied
with red flags/lights.
x) Reinforcement rods, cut pieces etc. should be properly stored at
identified locations and the scrap should be disposed off promptly
on regular basis.

6.3.4 Concreting

i) Ensure stability of shuttering work before allowing concreting.


ii) Barricade the concreting area while pouring at height/depths.
iii) Keep vibrator hoses, pumping concrete accessories in healthy

d
conditions and mechanically locked.
iv) Pipelines in concrete pumping system shall not be attached to

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temporary structures such as scaffolds and formwork support as
the forces and movements may affect their integrity.
v) Check safety cages & guards around moving motors/parts etc.

a
provided in concreting mixers.
vi) Use Personal Protective Equipment like gloves, safety shoes, full
di
body safety harness, safety goggles, etc. while dealing with
concrete and wear respirators for dealing with cement.
In
vii) Earthing of electrical mixers, vibrators, etc. should be done and
verified.
viii) Cleaning of rotating drums of concrete mixers shall be done from
outside. Lockout devices shall be provided where workers need to
rs

enter the drum for cleaning / inspection.


ix) Where concrete mixers are driven by internal combustion engine,
e

exhaust points shall be located away from the worker's workstation


so as to eliminate their exposure to obnoxious fumes.
ne

x) Don't allow unauthorised person to stand under the concreting


area.
xi) Ensure adequate lighting arrangements for carrying out concrete
work during night.
gi

xii) Don't allow the same workers to pour concrete round the clock.
Insist on shift pattern.
En

xiii) During pouring, shuttering and its supports should be continuously


watched for defects.
xiv) Never look into the drum mounted on truck (such as in case of
Ready Mix Concrete).

6.4 ROAD WORK

6.4.1 Site shall be barricaded and provided with warning signs, including night
warning lamps at appropriate locations for traffic diversion. This should
be done sufficiently advance as a warning to the approaching drivers for
the impending dander ahead.
6.4.2 Filled and empty bitumen drums shall be stacked separately at
designated places.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

6.4.3 Mixing aggregate with bitumen shall preferably be done with the help of
bitumen batch mixing plant, unless operationally non-feasible.
6.4.4 Road rollers, Bitumen sprayers, Pavement finishers shall be driven by
experienced drivers with valid driving license.
6.4.5 Workers handling hot bitumen sprayers or spreading bitumen aggregate
mix or mixing bitumen with aggregate shall be provided with PVC hand
gloves and rubber shoes with legging up to knee joints.
6.4.6 At the end of day's work, surplus hot bitumen in tar boiler shall be
properly covered by a metal sheet, to prevent anything falling in it,
6.4.7 If bitumen accidentally falls on ground, it shall be immediately covered by
sprinkling sand, to prevent anybody stepping on it. Then it shall be
removed with the help of spade.

d
6.4.8 For cement concrete roads, besides site barricading and installation of

Lt
warning signs for traffic diversion, safe practices mentioned in the
chapter on "Concreting", shall also be applicable.
6.4.9 Any excavation for road work should be done only after surveying
underground utilities and after taking suitable precautions. The

a
underground utilities to be rerouted as required after approval of
competent person / authority.
di
6.4.10 All the raw material for road construction/ maintenance to be stored on
designated place which should be away from the running road. The
In
running road should not be used for storing the sand, hot bitumen, etc..

6.4.11 Precaution should be taken that no construction material/ slab/ pre-


fabricated object can come on the running road accidently or due to
rs

slipping. In such case, an erection plan should be designed and got


approved from the competent authority.
e
ne

6.5 CUTTING / WELDING

6.5.1 Common hazards involved in welding/cutting are sparks, molten metal,


flying particles, harmful light rays, electric shocks , depletion in O2
gi

concentration due to generation of toxic gases, etc. Following


precautions should be taken: -
i) A dry chemical powder (DCP) type fire extinguisher shall be made
En

available in the work area.


ii) Adequate ventilation shall be ensured by opening manholes and
fixing a shield or forced circulation of air etc, while doing a job in
confined space.
iii) Ensure that only approved and well-maintained apparatus, such
as torches, manifolds, regulators or pressure reducing valves, and
acetylene generators, be used. Also their regular calibration
where ever necessary.
iv) All panels and covers shall be kept in place, when operating an
electric Arc welding machine. 30mA rating ELCB shall be ensured
in the power receptacle of the welding machine.
v) The work piece should be connected directly to Power supply, and
not indirectly through pipelines/ structures/ equipment etc.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

vi) The welding receptacles shall be rated for 63 A suitable for 415V,
3-Phase system with a scraping earth. Receptacles shall have
necessary mechanical interlocks and earthing facilities.
vii) All cables, including welding and ground cables shall be checked
for any worn out or cracked insulation before starting the job and
such cables shall not be used. Ground cable should be separate
without any loose joints.
viii) Cable coiling shall be maintained at minimum level, if not
avoidable. Criss-crossing of welding/electrical power supply
cables & gas cutting hoses shall be avoided. Care to be taken
against damage of gas cutting hoses.
ix) An energised electrode shall not be left unattended.

d
x) The power source shall be turned off at the end of job.

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xi) All gas cylinders shall be properly secured in upright position.
xii) Acetylene cylinder shall be turned and kept in such a way that the
valve outlet points away from oxygen cylinder.

a
xiii) Acetylene cylinder key for opening valve shall be kept on valve
stem, while cylinder is in use, so that the acetylene cylinder could

xiv)
di
be quickly turned off in case of emergency. Use flash back
arrestors to prevent back-fire in acetylene/oxygen cylinder.
When not in use, valves of all cylinders shall be kept closed.
In
xv) All types of cylinders, whether full or empty, shall be stored at
cool, dry place under shed.
xvi) Forced opening of any cylinder valve should not be attempted.
rs

xvii) Lighted gas torch shall never be left unattended.


xviii) Store acetylene and oxygen cylinders separately.
e

xix) Store full and empty cylinders separately.


ne

xx) Avoid cylinders coming into contact with heat.


xxi) Cylinders that are heavy or difficult to carry by hand may be rolled
on their bottom edge but never dragged.
gi

xxii) If cylinders have to be moved, be sure that the cylinder valves are
shut off.
En

xxiii) Before changing torches, shut off the gas at the pressure reducing
regulators and not by crimping the hose.
xxiv) Do not use matches to light torches, use a friction lighter. Gas
torch should be ignited with the lighter only. It should not be
ignited by touching other hot surfaces.
xxv) Move out any leaking cylinder immediately and cap it. No hot work
should be permitted in the vicinity of such leaked cylinders.
xxvi) Use trolleys for oxygen & acetylene cylinder and chain them.
xxvii) Always use Red hose for acetylene and other fuel gases and
Black for oxygen, and ensure that both are in equal length.
xxviii) Ensure that hoses are free from burns, cuts and cracks and
properly clamped.
xxix) Avoid dragging hoses over sharp edges and objects

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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xxx) Do not wrap hoses around cylinders when in use or stored.


xxxi) Protect hoses from flying sparks, hot slag, and other hot objects.
Protect cylinders by covering welding blanket while hot work in the
vicinity.
xxxii) Lubricants shall not be used on Ox-fuel gas equipment.
xxxiii) During cutting/welding, use required PPEs like hand gloves, full
body clothing of fire retardant / suitable material, safety shoes, full
body safety harness, mask, goggles / face shields, welding screen
of required DIN glass as per approved Weld Preparation Scheme.
xxxiv) Hot work permit to be taken if working in hazardous area.

d
6.6 WORKING IN CONFINED SPACES

Lt
6.6.1 Following safety practices for working in confined space like towers,
columns, tanks and other vessels should be followed in addition to the
safety guidelines for specific jobs like scaffolding, cutting/welding etc.

a
i) Shut down, positively isolate, depressurise and purge the vessel
as per laid down procedures.
ii) di
Entry inside the vessel to carry out any job shall be done after
issuance of valid permit only in line with the requirement of OISD-
In
STD-105.
iii) Ensure proper and accessible means of exit before entry inside a
confined space.
rs

iv) The number of persons allowed inside the vessel should be limited
to avoid overcrowding. Record of entering person shall be
maintained with in and out time.
e

v) When the work is going on in the confined space, there should


always be two men standby at the nearby manway / manhole
ne

equipped with communication arrangement to contact seniors and


to evacuate the worker inside confined space in case of
emergency.
vi) Before entering inside the vessels underground or located at lower
gi

elevation, probability of dense vapours accumulating nearby


should also be considered in addition to inside the vessel and
En

corrective action should be ensured.


vii) Ensure requisite O2 level before entry in the confined space and
monitor level periodically or other wise use required respiratory
devices.
viii) Check for no Hydrocarbon or toxic substances before entry and
monitor level periodically or use requisite Personal Protective
Equipment.
ix) Ensure adequate ventilation or use respiratory devices.
x) Depending upon need, necessary respirator system, gas masks
and suit shall be worn by everyone entering confined space. In
case of sewer, OWS or in the confined area where there is a
possibility of toxic or inert gas, required respiratory device, shall be
used by everyone while entering.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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xi) Barricade the confined spaces during hoisting, radiography,


blasting, pressure testing etc.
xii) Use 24V flameproof lamp fittings only for illumination.
xiii) Use tools with air motors or electric tools with maximum voltage of
24V.
xiv) House keeping shall be well maintained.
xv) Required PPEs like Safety helmet, safety shoes and full body
harness shall be worn by everyone entering the confined space.
xvi) Don't wear loose clothing while working in a confined space.
xvii) In case of the vessels which are likely to contain pyropheric
substances (like Iron Sulphide), special care need to be taken

d
before opening the vessel. Attempt should be made to remove the
pyropheric substances. Otherwise, these should be always kept

Lt
wet by suitable means.
xviii) The cutting torches should also be kept outside the vessel
immediately after the cutting.

a
xix) The gas cylinders used for cutting/welding shall be kept outside.
Care to be taken for the integrity of gas hoses and welding cables

xx)
di
while work is in progress.
All cables, hoses, welding equipment etc., shall be removed from
In
confined space at end of each work day, even if the work is to be
resumed in the same space the next day.
xxi) To the extent possible sludge shall be cleared and removed from
outside before entering.
rs

xxii) No naked light or flame or hot work such as welding, cutting and
soldering should be permitted inside a confined space or area
e

unless it has been made completely free of the flammable


atmosphere, tested and found safe by a competent person. Only
ne

non-sparking tools and flameproof hand lamps protected with


guard and safety torches should be used inside such confined
space or area for initial inspection, cleaning or other work required
to be done for making the area safe.
gi

xxiii) Communication should be always maintained between the worker


and the attendant.
En

xxiv) Inside the confined space spray painting should be avoided. If


absolutely essential it should be done after ensuring adequate
precautions including exhaust of paint vapours and continuous
monitoring of concentration of oxygen and toxic gases.
xxv) Before issuing the vessel entry permit, it should be ensured that all
the incoming and outgoing lines to and from the vessel are
positively isolated. Where this is not applicable like dampers in
HRSG system, Sufficient time is to be allowed to observe the
leakage of hot gases from the dampers/ passing valves before
taking any decision on vessel entry permit.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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6.7 PROOF/PRESSURE TESTING

6.7.1 Review test procedure before allowing testing with water or air or any
other fluid. Testing should be done only after proper Job Safety Analysis
(JSA) and its approval.
6.7.2 Provide relief valves of adequate size while testing with air or other gases.
6.7.3 Ensure compliance of necessary precautions, step wise loading,
tightening of fasteners, grouting etc. before and during testing.
6.7.4 Inform all concerned in advance of the testing.
6.7.5 Keep the vents open before opening any valve for filling/draining of liquid
used for hydrotesting. The filling/draining should not exceed the designed
rate for pressure testing.

d
6.7.6 Provide separate gauges of suitable range for pressurising pump and the

Lt
equipment to be tested.
6.7.7 Provide gauges at designated locations for monitoring of pressures.
6.7.8 Check the calibration of all pressurising equipment and accessories and

a
maintain records.
6.7.9 Take readings at pre-defined intervals.
di
6.7.10 Arrangement to be made to ensure that the pressurizing system i.e.
motor-pump set is out of circuit so that the system under hydro testing is
In
not re-pressurized by the contractor due to pressure drop before a pre-
defined time.
rs

6.8 WORKING AT HEIGHTS


6.8.1 General Provision
e

i) While working at a height of more than 2.2 meters, ISI approved full
body harness shall be used.
ne

ii) While working at a height of more than 2.2 meters, permit should
be issued by competent person before commencement of the job.
iii) Worker should be well trained on usage of full body harness
gi

including its proper usage at the time of ascending/descending.


iv) All tools should be carried in tool bag/belt to avoid their falling.
En

v) If the job is on fragile/sloping roof, roof walk ladders shall be used.


vi) Provide lifeline properly designed, secured and anchored, wherever
required. Mock Drill of use of lifeline at regular intervals to be
carried out.
vii) Additional safety measures like providing Fall Arrestor type full
body harness, safety net should be provided depending upon site
conditions, job requirements.
viii) Keep working area neat and clean. Remove scrap material
immediately.
ix) Don't throw or drop material/equipment from height.
x) Avoid jumping from one member to another. Use proper
passageway.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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xi) Keep both hands free while climbing. Don't try to bypass the steps
of the ladder. Same to be followed while climbing down. Further on
climbing down, front of the body to be towards the ladder.
xii) Try to maintain calm at height. Avoid over exertion.
xiii) Avoid movements on any structural member without fall protection.
xiv) Elevated workplaces including roofs should be provided with safe
means of access and egress such as stairs, ramps or ladders.
xv) Fall protection hierarchy to be followed as below:
(a) Elimination: Explore possibility whether job can be done
avoiding work at height.
(b) Prevention: Prevent fall of a worker by providing appropriate

d
fall prevention system.

Lt
(c) Fall arrest system: Arrest the fall using suitable fall arrest
system. Ensure to have a strong suitably designed anchor
point.
(d) Warning Lines: Use a warning line using a rope or wire barrier

a
around roof to warn workers that they are getting close to the
roof edge.
(e)
(f)
di
Safety Monitoring: Use a safety monitor to warn the workers.
Administration: Prepare a written administrative procedure to
In
ensure workers are doing the best that they can.

6.8.2 Roof Work


rs

i) All roof-work operations should be pre-planned and properly


supervised.
e

ii) Roof work should only be undertaken by workers who are


ne

physically and psychologically fit and have the necessary


knowledge and experience for such work.
iii) Work on roofs shouldn't be carried on in weather conditions that
threaten the safety of workers.
gi

iv) Crawling boards, walkways and roof ladders should be securely


fastened to a firm structure.
En

v) Roofing brackets should fit the slope of the roof and be securely
supported.
vi) Where it is necessary for a person to kneel or crouch near the edge
of the roof, necessary precautions should be taken.
vii) On a large roof where work have to be carried out at or near the
edge, a simple barrier consisting of crossed scaffold tubes
supporting a tubing guardrail may be provided.
viii) All covers for openings in roofs should be of substantial
construction and be secured in position.
ix) Roofs with a pitch of more than 10 should be treated as sloping.
x) When work is being carried out on sloping roofs, sufficient and
suitable crawling boards or roof ladders should be provided and
firmly secured in position.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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xi) During extensive work on the roof, strong barriers or guardrails and
toe-boards should be provided to stop a person from falling off the
roof.
xii) Where workers are required to work on or near roofs or other
places covered with fragile material, through which they are liable
to fall, they should be provided with suitable roof ladders or
crawling boards strong enough and when spanning across the
supports for the roof covering to support those workers.
xiii) A minimum of two boards should be provided so that it is not
necessary for a person to stand on a fragile roof to move a board or
a ladder, or for any other reason.

d
6.8.3 Work on tall chimneys

Lt
i) For the erection and repair of tall chimneys, scaffolding should be
provided. A safety net should be maintained at a suitable distance
below the scaffold.

a
ii) The scaffold floor should always be at least 65 cm below the top of
the chimney.
iii)
di
Under the working floor of the scaffolding the next lower floor
should be left in position as a catch platform.
In
iv) The distance between the inside edge of the scaffold and the wall
of the chimney should not exceed 20 cm at any point.
v) Catch platforms should be erected over:
rs

(a) the entrance to the chimney;


(b) Passageways and working places where workers could be
endangered by falling objects.
e

vi) For climbing tall chimneys, access should be provided by:


ne

(a) stairs or ladders;


(b) a column of iron rungs securely embedded in the chimney
wall;
(c) Other appropriate means.
gi

vii) When workers use the outside rungs to climb the chimney, a
securely fastened steel core rope looped at the free end and
hanging down at least 3 m should be provided at the top to help the
En

workers to climb on to the chimney.


viii) While work is being done on independent chimneys the area
surrounding the chimney should be enclosed by fencing at a safe
distance.
ix) Workers employed on the construction, alteration, maintenance or
repair of tall chimneys should not:
a) work on the outside without a safety harness attached by a
lifeline to a rung, ring or other secure anchorage;
b) put tools between the safety harness and the body or in
pockets not intended for the purpose;
c) haul heavy materials or equipment up and down by hand to or
from the workplace on the chimney;
d) fasten pulleys or scaffolding to reinforcing rings without first
verifying their stability;
e) work alone;

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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f) climb a chimney that is not provided with securely anchored


ladders or rungs;
g) Work on chimneys in use unless the necessary precautions to
avoid danger from smoke and gases have been taken.
Ensure that the outside surface temperature of the chimney is
at
h) room temperature before taking up any job after shut down of
the (system) chimney.

x) Work on independent chimneys should not be carried on in high


winds, icy conditions, fog or during electrical storms.

d
6.9 HANDLING AND LIFTING EQUIPMENT:
6.9.1 General Provisions

Lt
Following are the general guidelines to be followed with regard to all types
of handling and lifting equipment in addition to the guidelines for specific
type of equipments dealt later on.

a
i) There should be a well-planned safety programme to ensure that
di
all the lifting appliances and lifting gear are selected, installed,
examined, tested, maintained, operated and dismantled with a
view to preventing the occurrence of any accident;
In
ii) All lifting appliances shall be examined by competent persons at
frequencies as specified in "The Factories act".
rs

iii) Check thoroughly quality, size and condition of all lifting tools like
chain pulley blocks, slings, U-clamps, D-shackles etc. before
putting them in use.
e

iv) Safe lifting capacity of all lifting & handling equipment, tools and
ne

shackles should be got verified and certificates obtained from


competent authorities before its use. The safe working load shall
be marked on them.
gi

v) Check periodically the oil, brakes, gears, horns and tyre pressure,
lighting fixtures of all moving equipments like cranes, forklifts,
trailers, etc. as per manufacturer's recommendations.
En

vi) Check the weights to be lifted and accordingly decide about the
crane capacity, boom length and angle of erection.

vii) Allow lifting slings as short as possible and check packing at the
friction points.

viii) While lifting/placing of the load, no unauthorised person shall


remain within the radius of the boom and underneath the load.

ix) While loading, unloading and stacking of pipes, proper wedges


shall be placed to prevent rolling down of the pipes.

x) Control longer jobs being lifted up from both ends.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

xi) Only trained operators and riggers should carry out the job. While
the crane is moving or lifting the load, the trained rigger should be
there for keeping a vigil against hitting any other object.

xii) During high wind conditions and nights, lifting of heavy


equipments should be avoided. If unavoidable to do erection in
night, operator and rigger should be fully trained for night
signaling. Also proper illumination should be there.

xiii) Allow crane to move on hard, firm and leveled ground. Ensure that
all the crane pedestals/ hydraulic jacks taking weight of the crane
and load are on a firm compacted surface.

xiv) When crane is in idle condition for long periods or unattended,

d
crane boom should either be lowered or locked as per
manufacturer's guidelines.

Lt
xv) Hook and load being lifted shall remain in full visibility of crane
operators, while lifting, to the extent possible.

a
xvi) Don't allow booms or other parts of crane to come within 3 meters
reach of overhead electrical cables.

xvii)
di
No structural alterations or repairs should be made to any part of
a lifting appliance, which may affect the safety of the appliance
In
without the permission and supervision of the competent person.

6.9.2 Hoists
rs

i) Hoist shafts should be enclosed with rigid panels or other adequate


fencing at:
e

(a) ground level on all sides;


ne

(b) all other levels at all points at which access is provided;


(c) all points at which persons are liable to be struck by any
moving part.
ii) The enclosure of hoist shafts, except at approaches should extend
gi

where practicable at least 2 meters above the floor, platform or


other place to which access is provided except where a lesser
height is sufficient to prevent any person falling down the hoistway
En

and there is no risk of any person coming into contact with any
moving part of the hoist, but in no case should the enclosure be
less than 1 meter in height.
iii) The guides of hoist platforms should offer sufficient resistance to
bending and, in the case of jamming by a safety catch, to buckling.
iv) Where necessary to prevent danger, adequate covering should be
provided above the top of hoist shafts to prevent material falling
down them.
v) Outdoor hoist towers should be erected on firm foundations, and
securely braced, guyed and anchored.
vi) A ladderway should extend from the bottom to the top of outdoor
hoist towers, if no other ladderway exists within easy reach.
vii) Hoisting engines should be of ample capacity to control the
heaviest load that they will have to move.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

viii) Hoists should be provided with devices that stop the hoisting
engine as soon as the platform reaches its highest stopping place.
ix) Winches should be so constructed that the brake is applied when
the control handle is not held in the operating position.
x) It should not be possible to set in motion from the platform a hoist,
which is not designed for the conveyance of persons.
xi) Winches should not be fitted with pawl and ratchet gears on which
the pawl must be disengaged before the platform is lowered.
xii) Hoist platforms should be capable of supporting the maximum load
that they will have to carry with a safety factor.
xiii) Hoist platforms should be equipped with safety gear that will hold

d
the platform with the maximum load if the hoisting rope breaks.
xiv) If workers have to enter the cage or go on the platform at landings

Lt
there should be a locking arrangement preventing the cage or
platform from moving while any worker is in or on it.
xv) On sides not used for loading and unloading, hoist platforms should

a
be provided with toe-boards and enclosures of wire mesh or other
suitable material to prevent the fall of parts of loads.
xvi)
di
Where necessary to prevent danger from falling objects, hoist
platforms should be provided with adequate covering.
In
xvii) Counterweights consisting of an assemblage of several parts
should be made of specially constructed parts rigidly connected
together.
xviii) Counterweights should run in guides.
rs

xix) Platforms should be provided at all landings used by workers.


xx) Following notices should be posted up conspicuously and in very
e

legible characters:
ne

(a) on all hoists:

 on the platform: the carrying capacity in kilograms or


other appropriate standard unit of weight;
gi

 on the hoisting engine: the lifting capacity in


kilograms or other appropriate standard unit of
weight;
En

(b) on hoists authorised or certified for the conveyance of


persons:

 on the platform or cage: the maximum number of


persons to be carried at one time;
(c) on hoists for goods only:

 on every approach to the hoist and on the platform:


prohibition of use by persons.
xxi) Hoists intended for the carriage of persons should be provided with
a cage so constructed as to prevent any person from falling out or
being trapped between the cage and any fixed part of the structure
when the cage gate is shut, or from being struck by the
counterbalance weight or by articles or materials tailing down the
hoistway.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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xxii) On each side in which access is provided, the cage should have a
gate fitted with devices which ensure that the gate cannot be
opened except when the cage is at a landing and that the gate
must be closed before the cage can move away from the landing.
xxiii) Every gate in the enclosure of the hoist shaft which gives access
from a landing place to the cage should be fitted with devices to
ensure that the gate cannot be opened except when the cage is at
that landing place, and that the cage cannot be moved away from
that landing place until the gate is closed.

6.9.3 Derricks

d
Stiff-leg derricks

i) Derricks should be erected on a firm base capable of taking the

Lt
combined weight of the crane structure and maximum rated load.
ii) Devices should be used to prevent masts from lifting out of their
seating.

a
iii) Electrically operated derricks should be effectively earthed from the
sole plate or framework.
iv) di
Counterweights should be so arranged that they do not subject the
backstays, sleepers or pivots to excessive strain.
In
v) When derricks are mounted on wheels:
a) a rigid member should be used to maintain the correct
distance between the wheels;
rs

b) they should be equipped with struts to prevent them from


dropping if a wheel breaks or the derrick is derailed.
vi) The length of a derrick jib should not be altered without consulting
e

the manufacturer.
ne

vii) The jib of a scotch derrick crane should not be erected within the
backstays of the crane.
gi

Guy derricks

i) The restraint of the guy ropes should be ensured by fitting stirrups


En

or anchor plates in concrete foundations.


ii) The mast of guy derricks should be supported by six top guys
spaced approximately equally.
iii) The spread of the guys of a guy derrick crane from the mast should
0
not be more than 45 from the horizontal.
iv) Guy ropes of derricks should be equipped with a stretching screw
or turnbuckle or other device to regulate the tension.
v) Gudgeon pins, sheave pins and fool bearings should be lubricated
frequently.
vi) When a derrick is not in use, the boom should be anchored to
prevent it from swinging.

6.9.4 Gin poles

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

i) Gin poles should:


(a) be straight;
(b) consist of steel or other suitable metal;
(c) be adequately guyed and anchored;
(d) be vertical or raked slightly towards the load;
(e) be of adequate strength for the loads that they will be
required to lift/move.
ii) Gin poles should not be spliced and if a gin pole is composed of
different elements, they should be assembled in conformity with
their intrinsic material strength.
iii) Gin poles should be fastened at their feet to prevent displacement
in operation.

d
iv) Gin poles, which are moved from place to place and re-erected,
should not be taken into use again before the pole, lifting ropes,

Lt
guys, blocks and other parts have been inspected, and the whole
appliance has been tested under load.
v) When platforms or skips are hoisted by gin poles, precautions

a
should be taken to prevent them from spinning and to provide for
proper landing.

6.9.5 Tower cranes


di
In
i) Where tower cranes have cabs at high level, persons, capable and
trained to work at heights, should only be employed as crane
operators.
rs

ii) The characteristics of the various machines available should be


considered against the operating requirements and the
surroundings in which the crane will operate before a particular
e

type of crane is selected.


ne

iii) Care should be taken in the assessment of wind loads both during
operations and out of service. Account should also be taken of the
effects of high structures on wind forces in the vicinity of the crane.
iv) The ground on which the tower crane stands should have the
gi

requisite bearing capacity. Account should be taken of seasonal


variations in ground conditions.
En

v) Bases for tower cranes and tracks for rail-mounted tower cranes
should be firm and level. Tower cranes should only operate on
gradients within limits specified by the manufacturer. Tower cranes
should only be erected at a safe distance from excavations and
ditches.
vi) Tower cranes should be sited where there is clear space available
for erection, operation and dismantling. As far as possible, cranes
should be sited so that loads do not have to be handled over
occupied premises, over public thoroughfares, other construction
works and railways or near power cables.
vii) Where two or more tower cranes are sited in positions where their
jibs could touch any part of the other crane, there should be direct
means of communication between them and a distinct warning
system operated from the cab so that one driver may alert the other
of impending danger.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

viii) The manufacturers' instructions on the methods and sequence of


erection and dismantling should be followed. The crane should be
tested before being taken into use.
ix) The climbing operation of climbing tower cranes should be carried
out in accordance with manufacturers' instructions. The free-
standing height of the tower crane should not extend beyond what
is safe and permissible in the manufacturers' instructions.
x) When the tower crane is left unattended, loads should be removed
from the hook, the hook raised, the power switched off and the
boom brought to the horizontal. For longer periods or at times when
adverse weather conditions are expected, out of service
procedures should be followed. The main jib should be slewed to
the side of the tower away from the wind, put into free slew and the

d
crane immobilised.

Lt
xi) A windspeed measuring device should be provided at an elevated
position on the tower crane with the indicator fitted in the drivers'
cab.
xii) Devices should be provided to prevent loads being moved to a

a
point where the corresponding safe working load of the crane
would be exceeded. Name boards or other items liable to catch the
di
wind should not be mounted on a tower crane other than in
accordance with the manufacturers' instructions.
In
xiii) Tower cranes should not be used for magnet, or demolition ball
service, piling operations or other duties, which could impose
excessive loading on the crane structure.
rs

6.9.6 Lifting ropes


e

i) Only ropes with a known safe working capacity should be used as


lifting ropes.
ne

ii) Lifting ropes should be installed, maintained and inspected in


accordance with manufacturers' instructions.
iii) Repaired steel ropes should not be used on hoists.
gi

iv) Where multiple independent ropes are used, for the purpose of
stability, to lift a work platform, each rope should be capable of
carrying the load independently.
En

6.10 VEHICLE MOVEMENT


6.10.1 Park vehicles only at designated places. Don't block roads to
create hindrance for other vehicles.
6.10.2 Don't overload the vehicle.
6.10.3 Obey speed limits and traffic rules.
6.10.4 Always expect the unexpected and be a defensive driver.
6.10.5 Drive carefully during adverse weather and road conditions.
6.10.6 Read the road ahead and ride to the left.
6.10.7 Be extra cautious at nights. Keep wind screens clean and lights in
working condition.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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6.10.8 All vehicles used for carrying workers and construction materials
must undergo predictive/preventive maintenance and daily checks
6.10.9 Driver with proper valid driving license shall only be allowed to
drive the vehicle
6.10.10 Routes shall be leveled marked and planned in such a way so as
to avoid potential hazards such as overhead power lines and
sloping ground etc.
6.10.11 While reversing the vehicles, help of another worker should be
ensured at all times
6.10.12 An unattended vehicle should have the engine switched off
6.10.13 Wherever possible one-way system shall be followed

d
6.10.14 Barriers/fixed stops should be provided for excavation/openings to
prevent fall of vehicle

Lt
6.10.15 Load should be properly secured
6.10.16 The body of the tipper lorry should always be lowered before
driving the vehicle off.

a
6.10.17 Signs/signals/caution boards etc. should be provided on routes.

di
6.10.18 All vehicles in a running process plants to use spark arrester on
the exhaust.
In
6.10.19 No material should be protruding outside the vehicle for the safety
of the public. If necessary, same to be marked as per RTO
regulations.
6.10.20 Proper caution tag should be available on the vehicle for
rs

hazardous material like oil,.LPG, explosives, nuclear material,


toxic fluids etc and the vehicle staff should be well informed about
the potential danger of the material being transported by them.
e

6.10.21 An earth chain for the discharge of static electricity generated


ne

during transportation of specific material with the vehicle to be


provided.
6.10.22 Drunken driving should be prohibited.
gi

6.11 ELECTRICAL
En

6.11.1 General Provisions

i) Only persons having valid licenses shall be allowed to work


on electrical facilities as per prevailing IE Act and rules
thereunder including CEA rules/regulations.
ii) No person should be allowed to work on live circuit. The
same, if unavoidable, special care and written authorisation
need to be taken.
iii) Treat all circuits as "LIVE" unless ensured otherwise.
iv) Electrical " Lock Out - Tag Out (LOTO)" procedure "MUST"
be followed for work on electrical system.
v) Display voltage ratings prominently with "Danger" signs in
local language also.
vi) Put caution/notice signs before starting the repair works.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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vii) All electrical equipment operating above 250V shall have


two separate and distinct connections to earth grid.
viii) Proper grounding to be ensured for all switch boards and
equipment including Portable ones prior to taking into
service.
ix) Make sure that electrical switch boards, portable tools,
equipment (like grinding machine etc.) don't get wet during
their usage. If it happens, stop the main supply, make the
tools dry, check for specified insulation value and then only
use them. Check proper earthing.
All temporary switch boards/ KIOSKS put up at work site
should be suitably protected from rain and the level of

d
same should be high enough to avoid contact with water
due to water logging.

Lt
x) Don't work wet on electrical system.
xi) Don't overload the electrical system.
xii) Use only proper rated HRC fuses / ELCB / MCB.

a
xiii) Only ISI marked or equivalent industrial type extension

xiv)
di
boards and Plug sockets are to be used.
ELCB for all temporary connections must be provided
using 3 pin plug.
In
xv) All power supply cables should be laid properly and neatly
so that they don't cause hindrance to persons working and
no physical damage also takes place to the cables during
rs

various construction activities.


xvi) All Power cables to be properly terminated using glands
and lugs of proper size, type and crimped.
e

xvii) Use electrical fittings in Hazard zones as per area


ne

classification under OISD-STD-113.


xviii) Ensure pipe sleeve / conduit to protect underground cables
at crossings.
xix) Don't lay unarmored cable directly on ground, wall, roof or
gi

trees. All temporary cables should be laid at least 750 mm


below ground and cable markers should be provided.
En

Proper sleeves should be provided at road crossings. In


case temporary cables are to be laid on wooden
poles/steel poles, the minimum cable heights should be 4.5
M.
xx) Maintain safe overhead distance of HT transmission lines
as per latest CEA Safety Regulation.
xxi) Don't use pipelines/structures for earthing.
xxii) Don't make any unsafe temporary connections, e.g. naked
joints etc.
xxiii) Ensure that temporary cables are free from cuts, damaged
insulation, kinks or improper insulated joints.
xxiv) Check at periodic intervals that pins of sockets and joints
are not loose.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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xxv) Protect electrical wires/equipment from water and naked


flames.
xxvi) Illuminate level in all the work areas should be in line with
OISD-RP-149.
xxvii) All switchboards should be of MS structure only and
incoming/outgoing feeders should be marked.
xxviii) Hand lamps/ Torch should not be of more than 24V rating,
and E’x’ type should be in line with hazardous area
classification.
xxix) Fire extinguishers (DCP/CO2/Sand buckets) should be kept
near temporary switch boards being used for construction
purposes. Don't use water for fighting electrical fires.

d
xxx) ISI marked Insulating mats shall be provided in the front

Lt
and back end of switch boards.
xxxi) All parts of electrical installations should be so constructed,
installed and maintained as to prevent danger of electric
shock, fire and explosion.

a
Periodic checking of electrical safety appliances such as

di
gloves, insulating mats, hoods etc. to be done/witnessed in
line with OISD-STD-137, and records to be maintained duly
endorsed by the concerned.
In
xxxii) A notice displaying following, should be kept exhibited at
suitable places in local language also:
a) prohibiting unauthorized persons from entering electrical
rs

equipment rooms or from handling or interfering with


electrical apparatus;
b) containing directions as to procedures in case of fire,
e

rescue of persons in contact with live conductors and


the restoration of persons suffering from electric shock;
c) specifying the person to be notified in case of electrical
ne

accident or dangerous occurrence, and indicating how


to communicate with him.
xxxiii) No other cables/pipes to be laid in trench used for electrical
gi

cables.
xxxiv) Utmost care should be taken while excavating Earth from
cable trench to avoid damage or any accident.
En

xxxv) Sub-station floor cut-outs meant for switch board


installations to be covered wherever installation is
incomplete.
xxxvi) Flameproofness integrity of all flameproof equipment /
fittings/fixtures to be ensured at all times.
NOTE: A Residual Current Operated Circuit Breaker (RCCB) or
Earth Leakage Circuit Breaker (ELCB), when installed,
protects a human being to the widest extent. RCCB or
ELCB should be provided as per latest CEA Safety
Regulation.

6.11.2 Inspection and maintenance

i) All electrical equipment should be inspected before taking


into use to ensure suitability for its proposed use.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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ii) At the beginning of every shift, the person using the


electrical equipment should make a careful external
examination of the equipment and conductors, especially
the flexible cables.
iii) Apart from some exceptional cases subject to work
permits, work on or near live parts of electrical equipment
should be forbidden.
Before starting any work on conductors and/or equipment,
it is to be ensured that: power supply should be isolated by
an authorized person following the concept of LOTO;
iv) After work has been done on conductors and/or equipment,
the power supply should only be switched on again after

d
work permit is returned back, lock/tag on isolated feeder
are removed and the workplace is reported safe.

Lt
v) Electricians should be provided with approved and tested
tools and personal protective equipment such as rubber
gloves, arc flash suit etc.

a
vi) All conductors and equipment should be considered to be
live unless there is a proof of the contrary.
vii)
di
When work has to be done in dangerous proximity to live
parts the power supply should be cut off. If for operational
reasons this is not possible, the live parts should be fenced
In
off or enclosed by qualified staff from the sub-station
concerned.
rs

6.11.3. Testing

i) Electrical installations should be inspected and tested as


e

per approved plan and the results recorded.


ne

ii) Periodic testing for proper functioning of the earth leakage


protective devices should be carried out.
iii) Particular attention should be paid to the earthing of
apparatus, the continuity of protective conductors, polarity
gi

and insulation resistance, protection against mechanical


damage and condition of connections at points of entry.
En

6.12 OFFSHORE
6.12.1 General

The isolated nature of offshore installations are hazardous. They


call for greater need for health safety and survival at offshore.
Safety at offshore is safety of installations and safety of personnel.
Safety problems and accidents at offshore have high risks due to
limited space, helicopter operation, sea transport etc. Following
are the general health and safety guidelines to be followed in
addition to the safety guidelines stipulated for specific jobs dealt
later on:
i) Workers should be well trained to do their job
independently with high degree of self-control and self-
discipline.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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ii) On arrival at offshore, everyone should be briefed about


the safety rules to be followed at offshore, evacuation
system etc. All personnel should wear overall (dangri),
helmet and shoes for personnel protection.
iii) In case of emergency, workers should follow instruction of
Field Production Superintendent (F.P.S.). In certain cases
instructions may be given to abandon the offshore
installation and evacuate the persons to safe location.
iv) To overcome above problems, offshore personnel must
receive training for using life saving appliances and other
personal survival techniques.
v) Any person working at offshore should have one person

d
as standby for any eventuality.
vi) Periodical health check-up of all personal on platforms

Lt
shall be ensured and remedial measures shall be taken
as per statutory and other requirements.

a
6.12.2 Drilling Rigs

i)
di
Location of jack up rigs should not be less than 5 Kms from
shipping route. Orientation of the rig, wind direction, etc.
are required for safe landing of helicopter. Information w.r.t.
In
sea currents, wind speed, Hi- Low tide, etc. are required for
mooring of supply vessels.
ii) Sea bed condition at every location should be ensured for
rs

safety of rig.
iii) Radio and other communication facilities should be such to
maintain contact with base all times.
e

iv) During toeing of rig, the rig deck should be clear of load,
ne

toeing lines should be in good condition and tensions in


various toeing lines should be constantly monitored.
v) Few steps during toeing are:
a) crane booms should be secured to their vesta,
gi

b) all hatches and water tight doors should be closed,


c) number of personnel on board should be restricted,
En

d) evacuate in case of emergency and operation should be


completed preferably in day light.

6.12.3 Drilling

i) In view of CO2 and H2S gas cut from well, effective


ventilation should be provided where drilling is in progress.
ii) Safety alarm shall be checked in advance in view of failure
of ventilation system.
iii) Suitable sensors for H2S and Methane should be function
tested time to time and suitable colour code should be
given.
iv) Working areas of the crane should be illuminated during
night to avoid accident.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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v) Clear space should be available for despatch and receipt


of load and, in particular, basket transfer of passengers.
Persons engaged in loading/unloading of materials should
be protected from falling into the sea.
vi) Signal light should be fitted at the top of the jib.
vii) Crane hook should be fitted with safety latches.
viii) Experienced person should be engaged in operation of
specific equipment like winches, cranes etc.
ix) At least three cable turns shall always be there on the
winch drum.
x) Adequate communication like walkie talkie, round robin

d
phone should be available between the crane operator,
supervisor and helper.

Lt
xi) Crane operation should be completely stopped during
helicopter landing/ taking off.
xii) Except for helicopter landing deck, all decks, platforms,

a
bridges, ladders should have rigid and fixed guard rails
atleast one meter high and should have one intermediate

xiii)
di
rail midway between the handrail and 100 mm toe board.
Wooden ladders shall not be used at offshore.
In
xiv) Flow sensor in the flow line should be ensured for safe
working and to avoid blow out.
xv) Hydrogen sulphuide gas In offshore is of great risk and at
10 ppm (0.001%) concentration in air, a person should not
rs

be exposed for more than 8 hours, If concentration is


more, then breathing apparatus should be used. Corrosion
of equipment is also caused by H2S.
e

xvi) Portable H2S gas detector should be continously used.


ne

6.12.4 Production Platforms

i) In case hydrocarbon Is released due to overpressure, leak,


gi

overflow, gas blow etc., shut down process to stop flow of


hydrocarbon. Prevent ignition of released hydrocarbon and
En

in case of fire shut in the process complex and follow


emergency contigency plan.
ii) Sub surface safetv valve (SSSV)) below the well head
should be actuated during uncontrolled well -flow and they
should be regularly checked.
iii) Surface safety valve or SDV should be checked for no gas
leakage from bleed port / flange etc., in the well head area.
It should not be in "mechanical override" or bypassed from
panel.
iv) High pressure gas lift lines - blowdown system should be
O.K.

 Auto actuation of SDVs in the inlet of pressure vessels


should be O.K. and in "normal position" from shutdown
panels. A record of status of switches normal/bypassed

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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in auto-con* panels (PSH, PSL, LSL, ILSL) should be


maintained.

 Shut Down Panels


v) Welders rectifier set and electrical connections to it should
be checked and approved by electrical-in- charge for
proper electrical safely.
vi) “SCADA" telementry system if available should be
operational for remote opening and closing of wells at
unmanned platforms (through RPMC).
vii) Local ESD/FSD (near the work site) should be provided for
jobs of very critical nature, so that the persons working can

d
access it immediately in emergency for safety. Safety
officer should judge the requirement & inform FPS for the

Lt
same.
viii) Railings and Gratings etc. in and around work area should
be O.K. and inspected to avoid slippage of man into sea.

a
ix) Emergency Shut Down (ESD) system is initiated when an
abnormal condition is detected. ESD should be checked

x)
di
once in six months.
Platform should be manned round the clock.
In
xi) Welding and cutting work should be regulated by hot work
permit.
xii) All detectors should be calibrated as per recommendation
rs

of the manufacturer.
xiii) No system should be by-passed which affects the system
of platform.
e

xiv) In H2S field platforms, due care shall be taken as per


ne

recommendations.
xv) Follow the instructions of F.P.S. during stay at platform
gi

6.12.5 Fire Prevention And Control

i) Provision be made for safe handling and storage of dirty


En

rags, trash, and waste oil. Flammable liquids and


chemicals applied on platform should be immediately
cleaned.
ii) Paint containers and hydrocarbon samples, gas cylinders
for welding and cutting should be stored properly.
Cylinders should be transported in hand-cart.
iii) Smoking should be restricted and no smoking area should
be identified.
iv) Special attention should be given to crude oil pump seals;
diesel and gas engines which are potential source of
ignition in the event of failure.
v) Fire and smoke detectors i.e. ultraviolet heat, thermal and
smoke detector should be function tested once in three
months.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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vi) Fire is controlled in offshore by water spraying, Halon, CO2


flooding, DCP and sprinkler system.
vii) Foaming agent is applied for controlling fire in liquid
hydrocarbon. The system is not effective in gas fire.
viii) Light weight breathing system should be used.
ix) The fire control plan at offshore should reveal control
station, fire alarms and fire detectors, deluge valves and
sprinkler, fire extinguishing appliances, fireman outfit and
ventilation system.
x) Fire fighting equipment should be maintained in ready to
use condition.

d
Lt
6.12.6 Life Saving Appliances

i) Life boats with a speed of 6 knots and carrying capacity


upto 50 persons are used in offshore.

a
ii) No. of life boats on one installation should have a capacity
to accommodate twice the number of persons onboard

iii)
installation.
di
Launching appliances and life boat equipment should be
checked every week.
In
iv) Boat landing areas should be adequately illuminated.
v) Life raft has no power and they rely on drift.
rs

vi) Life jacket lifts the wearer after entering water.


vii) Life buoys are used to rescue persons if any person
accidentally falls in the sea.
e

viii) All life saving appliances should be inspected by the MMD


ne

surveyor /sr. officials once a year.


ix) Every life boat shall be inspected once a week.
x) Every life boat and life raft should be serviced once a year
by a competent authority.
gi
En

6.12.7 Safety Precautions during Helicopter


Transportation

i) Passenger briefing regarding safety rules while travelling in


helicopter should be carried out before boarding the
helicopter.
ii) Emergency procedure should be briefed to all the
passengers in case helicopter is to ditch into the sea.
iii) Heli-pad should have a non-skid surface. Nylon rope net
should be stretched on the deck.
iv) Proper drainage should be available on helideck.
v) There should be no obstruction on the helideck itself and
within 3 meters of its perimeter. Closest super structure
above the helideck should have red obstruction light.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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vi) While landing on helicopter, fire crew of two persons


should be standby adjacent to helideck.
vii) Heli-deck should be properly illuminated for night landing.
viii) During switching off helicopter, persons should not be
allowed to go out/ towards helicopter

6.13 DEMOLITION
6.13.1. General provisions

i) When the demolition of any building or structure might


present danger to workers or to the public:

d
(a) necessary precautions, methods and procedures
should be adopted, including those for the disposal of

Lt
waste or residues;
(b) the work should be planned and undertaken only
under the supervision of a competent person.

a
ii) Before demolition operations begin:
(a) structural details and builders' drawings should be
di
obtained wherever possible;
(b) details of the previous use should be obtained to
identify any possible contamination and hazards from
In
chemicals, flammables, etc.;
(c) an initial survey should be carried out to identify any
structural problems and risks associated with
flammable substances and substances hazardous to
rs

health. The survey should note the type of ground on


which the structure is erected, the condition of the
roof trusses, the type of framing used in framed
e

structures and the load-bearing walls;


(d) a method of demolition should be formulated after the
ne

survey and recorded in a method statement having


taken all the various considerations into account and
identifying the problems and their solutions;
iii) All electric, gas, water and steam service lines should be
gi

shut off and, as necessary, capped or otherwise controlled


at or outside the construction site before work commences.
En

iv) If it is necessary to maintain any electric power, water or


other services during demolition operations, they should be
adequately protected against damage.
v) As far as practicable, the danger zone round the building
should be adequately fenced off and sign posted. To
protect the public a fence 2m high should be erected
enclosing the demolition operations and the access gates
should be secured outside working hours.
vi) The fabric of buildings contaminated with substances
hazardous to health should be decontaminated. Protective
clothing and respiratory devices should be provided and
worn.
vii) Where plant has contained flammable materials, special
precautions should be taken to avoid fire and explosion.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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viii) The plant to be demolished should be isolated from all


other plant that may contain flammable materials. Any
residual flammable material in the plant should be rendered
safe by cleaning, purging or the application of an inert
atmosphere as appropriate.
ix) Care should be taken not to demolish any parts, which
would destroy the stability of other parts.
x) Demolition activities should not be continued under
adverse climatic conditions such as high winds, which
could cause the collapse of already weakened structures.
xi) To prevent hazards parts of structures should be
adequately shored, braced or otherwise supported.

d
xii) Structures should not be left in a condition in which they
could be brought down by wind pressure or vibration.

Lt
xiii) Where a deliberate controlled collapse technique is to be
used, expert engineering advice should be obtained, and:
(a) it should only be used where the whole structure is to

a
come down because it relies on the removal of key
structural members to effect a total collapse;
di
(b) it should only be used on sites that are fairly level and
where there is enough surrounding space for all
operatives and equipment to be withdrawn to a safe
In
distance.
xiv) When equipment such as power shovels and bulldozers
are used for demolition, due consideration should be given
rs

to the nature of the building or structure, its dimensions, as


well as to the power of the equipment being used.
xv) If a swinging weight is used for demolition, a safety zone
e

having a width of at least one-and-a-half times the height of


the building or structure should be maintained around the
ne

points of impact.

6.13.2. Demolition of structural steelwork


gi

i) All precautions should be taken to prevent danger


from any sudden twist, spring or collapse of
En

steelwork, ironwork or reinforced concrete when it


is cut or released.
ii) Steel construction should be demolished tier by
tier.
iii) Structural steel parts should be lowered and not
dropped from a height.

6.14 RADIOGRAPHY

6.14.1 All radiography jobs shall be carried out as per BARC Safety
Regulations
6.14.2 During field radiography, nearby area around the radiation source
should be cordoned off.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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6.14.3 If the field radiography is to be done at the same location


repeatedly, it is advisable to provide either a wire fencing around
or a temporary brick enclosure.
6.14.4 Special permission/permit should be taken for radiography from
area-in-charge.
6.14.5 As far as possible, field radiography should be done only during
night time when there is little or no occupancy there.
6.14.6 Radiation warning signals should be pasted all along the
cordoned off area.
6.14.7 Entry into the restricted area by unauthorised persons should be
strictly prohibited during exposure.

d
6.14.8 The radiation level alongwith the cordon should be monitored by a
suitable and well-calibrated radiation survey meter.

Lt
6.14.9 All personnel working with radiography sources should wear
appropriate protective equipment and film badges issued by
BARC.

a
6.14.10 Protection facilities such as manipulator rod, remote handling
tongs, lead pots, radiation hazard placards and means of cordon

di
off shall be available at each site.
6.14.11 The radiography source shall never be touched or handled directly
with hands.
In
6.14.12 The package containing radiography cameras and sources should
never be carried by public transport like bus, train etc.
6.14.13 Radiography sources and cameras, when not in use, should be
rs

stored inside a source pit with lock and key arrangement as


approved by BARC. The storage room should preferably be
located in an isolated area of minimum occupancy and radiation
e

level outside the storage room should not exceed 0.25 mR/hr as
per BARC Regulations.
ne

6.14.14 In case of an accident (due to loss or of damage to radiography


source), action should be taken in line with BARC Safety
Rules/Guidelines.
gi

6.14.15 Technologically advance methods should be preferred for reduced


radiation effect wherever safety so warrants.
En

6.15 GRIT SHOT/ SLAG BLASTING/ SPRAY PAINTING

6.15.1 Blasting for surface preparation should be used only after approval
from competent person.
6.15.2 Air Compressor used for grit/shot/slag blasting/painting should
have guard and positioned away from the work place.
6.15.3 Exhaust of the prime mover, if IC engine is used, should be fitted
with PESO approved spark arrester (in case of work in hazardous
area) and directed away from the work place.
6.15.4 In case of motor driven compressor, the body of the motor as well
as the compressor to be properly earthed.
6.15.5 The hoses used for compressed air should be of proper quality,
and health of the same to be ensured through regular check/ test.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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6.15.6 The operator of grit/shot/slag blasting/painting should wear


suitable PPE's including mask and the area should be cordoned
off.
6.15.7 Adequate measures to be taken to suppress dust/spray particle.
6.15.8 When these activities are done in confined places, adequate
measure to be taken including monitoring Oxygen level and
ensuring proper ventilation.
6.15.9 Proper fire fighting arrangements are to be made where spray
painting is in progress.
6.15.10 Some paints and their supplements are toxic also and emit
offensive smell. PPE to workers should be suitable to address this
issue.

d
6.15.11 “No Smoking Zone” boards should be displayed prominantly in

Lt
paints shop/ spray paint area.

6.16 WORK ABOVE WATER

a
6.16.1 General Provisions
i)
di
Where work is done over or in close proximity to water &
where possibility of drowning exists, provision should be
made for:
In
a) preventing workers from falling into water;
b) the rescue of workers in danger of drowning;
c) safe and sufficient transport.
d) deputation of lifeguards/divers.
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e) preventing of persons suffering from hydrophobia on


deputation to work above water.
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ii) Provisions for the safe performance of work over or in


close proximity to water should include, where
appropriate, the provision and use of suitable and
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adequate:
a) fencing, safety nets and safety harnesses;
b) lifebuoys, life jackets and manned boats;
c) protection against such hazards as reptiles
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bushes/ polluted water and other animals.


d) deputation of lifeguards/divers.
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iii) Gangways, pontoons, bridges, footbridges and other


walkways or work places over water should:
a) possess adequate strength and stability;
b) be sufficiently wide to allow safe movement of
workers;
c) have level surfaces free from tripping hazards;
d) be adequately lit when natural light is insufficient;
e) where practicable and necessary, to prevent
danger, be provided with toe-boards, guard rails,
hand ropes etc.
f) be secured to prevent dislodgment by rising
water or high winds;
g) if necessary, be equipped with ladders which should
be sound, of sufficient strength and length and be
securely lashed to prevent slipping.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

iv) All deck openings including those for buckets should be


fenced.
v) All the employees (owner, contractor and contractor
workers) working above and under the water should
comply with the requirements of Standards of Training,
Certification and Watchkeeping 95 (STCW 95).

6.16.2 Rescue & Emergency procedures

i) Persons who work over water should be provided with


some form of buoyancy aid. Life jackets should be
provided for sufficient freedom of movement, have

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sufficient buoyancy to bring persons to the surface and
keep them afloat face upwards, be easily secured to the

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body, be readily visible by way of self luminous paint/strip.
ii) Nobody should work alone on or above water.
iii) Each worker should be trained in the procedure to be
followed in the event of an emergency.

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iv) Necessary rescue arrangements like divers, rescue boats
etc to be in place.
v)

vi)
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Persons to be trained for CPR/ Artificial resuscitation as
an first aid to the rescued person.
Also for off shore operations. Speed of water current and
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water temperature to be considered.
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7.0 ADDITIONAL SAFETY PRECAUTION FOR UNITS WITH HYDROCARBONS


In addition to general safety precautions as outlined above for the activities in
Clause 6.0, following additional safety precautions need to be taken for the sites
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within the operating area or nearby, where presence of Hydrocarbons cannot be


ruled out.
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i) No job shall be carried out without a valid permit. Permit should be in line
with OISD-STD-105 "Work Permit System".
ii) Smoking should be prohibited in all places containing readily combustible
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or flammable materials and "No Smoking" notices be prominently


displayed.
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iii) In confined spaces and other places where flammable gases, vapours or
dusts can cause danger, following measures should be taken:
(a) only approved type electrical installations and equipment,
including portable lamps, should be used;
(b) there should be no naked flames or source of ignition;
(c) oily rags, waste and clothes or other substances liable to
spontaneous ignition should be removed without delay to a safe
place;
(d) Air operated ventilation system should be provided.
iv) Regular inspections should be made of places where there are fire risks.
These include the vicinity of heating appliances, electrical installations and
conductors, stores of flammable and combustible materials, welding and
cutting operations.
v) Welding, flame/gas cutting and other hot work should only be done after
issuance of work permit in line with the requirement of OISD-STD-105

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

after appropriate precautions, as required, are taken to reduce the risk of


fire. For carrying out other jobs also, OISD-STD-105 should be followed
strictly.
vi) Fire-extinguishing equipment should be well maintained and inspected at
suitable intervals by a competent person. Access to fire-extinguishing
equipment such as hydrants, portable extinguishers and connections for
hoses should be kept clear at all times.
vii) All supervisors and workers should be trained in the use of fire-
extinguishing equipment, so that adequate trained personnel are readily
available during all working periods.
viii) Audio means to give warning in case of fire should be provided where this
is necessary to prevent danger. Such warning should be clearly audible in

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all parts of the site where persons are liable to work. There should be an
effective evacuation plan so that all persons are evacuated.

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ix) Notices should be posted at conspicuous places indicating:
(a) the nearest fire alarm;
(b) the telephone number and address of the nearest emergency

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services.
x) The work site shall be cleared of all combustible materials, as Sparks and
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molten metal coming from the welding job can easily ignite combustible
materials near or below the welding site. If the combustible materials
cannot be removed from the area, the same shall be properly shielded.
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xi) A dry chemical type fire extinguisher (DCP) shall be made available in the
work area. Also fire protection facilities like running hoses etc. as per
permit should be complied with.
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xii) Wherever required, welding screens shall be put up to protect other


equipment in adjoining areas against flying sparks. Material used should
be metal/ fire proof blanket/water curtain.
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xiii) Welding or cutting of vessels/ equipments used in Hydrocarbon/


hazardous flammable chemicals shall be done after ensuring hydrocarbon
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free area and verifying the same with the suitable hydrocarbon detector.
xiv) The confined space/equipment shall be made gas free (hydrocarbon and
toxic) and cleaned and shall be ensured, with the help of suitable gas
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detectors.
xv) Used and hot electrode stubs shall be discarded in a metal bucket.
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xvi) Use PESO approved and certified spark arrestors for vehicles, wherever
applicable.
xvii) Relevant work permit ( hot work, cold work, vessel entry etc. as the case
maybe) to be obtained, if construction work is carried out within existing
operating area.
xviii) Precaution against pyrophoric material shall be ensured.

8.0 Environment Protection

8.1 Waste

The contractor is required to develop, institute and maintain a Waste


Management Programme (WMP) during the construction of the project for
his works and obtain approval of the owner. WMP may include: -

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

i) Identification of disposal sites.


ii) Identification of waste/surplus quantities to be disposed off.
iii) Identification of amounts intended to be stored temporarily on site
location of such storage.
iv) Use of proper PPEs.
v) Identification of intended transport means and route.
vi) Obtaining permission, where required, for disposal.

Such a mechanism is intended to ensure that the designation of areas for


the segregation and temporary storage of reusable and recyclable
materials are incorporate into the WMP. The WMP should be prepared
and submitted to the Engineer for approval.

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The Contractor shall handle waste in a manner that ensures they are held
securely without loss or leakage thus minimizing potential for pollution

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and fire. The Contractor shall maintain and clean waste storage areas
regularly.

The Contractor shall make arrangement to stack the metal scrap at

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designated location and maintain the site free from obstruction. The scrap
to be disposed as per owner instruction at regular interval.

8.2 Hazardous Waste Management


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If encountered or generated as a result of Contractor’s activity, then
waste classified as hazardous under the “Hazardous Wastes
(Management & Handling) Rules, 1989, and amendments thereunder
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time to time” shall be disposed off in a manner in compliance with the


procedure given in the rules under the aforesaid act.
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Chemicals classified as hazardous chemicals under “Manufacture,


Storage and Import of Hazardous Chemical Rules, 1989 of Environment
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(Protection) Act, 1986 (latest) shall be disposed off in a manner in


compliance with the procedure given in the rules under the aforesaid act.

8.3 Air Quality


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The Contractor shall take all necessary precautions to minimise fugitive


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dust emissions from operations involving excavation, grading, and


clearing of land and disposal of waste. He shall not allow emissions of
fugitive dust from any transport, handling, construction or storage activity
to remain visible in atmosphere beyond the property line of emission
source for any prolonged period of time without notification to the
Employer.

The Contractor shall use construction equipment designed and equipped


to minimise or control air pollution. He shall maintain evidence of such
design and equipment and make these available for inspection by
Employer.

If after commencement of construction activity, Employer believes that the


contractor’s equipment or methods of working are causing unacceptable
air pollution impacts then these shall be inspected and remedial
proposals shall be drawn up by the Contractor, submitted for review to the
Employer and implemented.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

The Contractor shall maintain the MSDS of the chemicals used / stacked
at site and same shall be handled as per the standard prescribed
procedure. The quantity shall be stored strictly as per the norms and
emergency handling procedure shall be known and displayed
prominently.

8.4 Noise

The Contractor shall consider noise as an environmental constraint in his


design, planning and execution of the Works and provide demonstrable
evidence of the same. The Contractor shall, take all appropriate
measures to ensure that work carried out by the Contractor, whether on

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or off the Site, will not cause any unnecessary or excessive noise.

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8.5 Occupational Noise

i) Protection against the effects of occupational noise exposure should


be provided when the sound levels exceed the threshold values as

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prescribed.
ii) When employees are subjected to expose the sound levels beyond

should be ensured. di
the prescribed limit, feasible administrative or engineering controls

iii) If such controls fail to reduce sound levels within the levels, personal
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protective equipment shall be provided and used to reduce sound
levels within the prescribed limit.
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9.0 OCCUPATIONAL HEALTH


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9.1 Medical Examination


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The contractor shall arrange a medical examination of all his employees


before employing, after illness or injury, if it appears that the illness or
injury might have affected his fitness and, thereafter, at periodicity
stipulated under Factories Act / Building & Construction Workers
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Regulation (BOCWR).

The Contractor shall maintain the confidential records of medical


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examination by the physician authorized by the Employer.

9.2 Occupational Health Centre

The contractor shall ensure at a construction site an occupational health


centre, mobile or static is provided and maintained in good order. Services
and facilities as per the scale lay down under Factories Act / Building &
Construction Workers Regulation (BOCWR). A construction medical officer
appointed in an occupational health centre possess the qualification as
laid down under Factories Act / Building & Construction Workers
Regulation (BOCWR).

9.3 First Aid

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

First aid facilities should be provided in line with various statutory


regulations like The Factory Act etc. However following care should be
taken:

i) First aid, including the provision of trained personnel should be


ensured at work sites. Arrangement should be made for ensuring
the medical attention of the injured workers.
ii) Suitable rescue equipment, like stretchers should be kept readily
available at the construction site.
iii) First-aid kits or boxes, as appropriate and as per statutory
requirements, should be provided at workplaces and be protected
against contamination by dust, moisture etc.

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iv) First-aid kit or boxes should not contain anything besides material
for first aid in emergencies.

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v) First-aid kits and boxes should contain simple and clear
instructions to be followed, be kept under the charge of a
responsible person qualified to render the first aid and be regularly
inspected and replenished.

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vi) Where the work involves risk of drowning, asphyxiation or electric

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shock, first-aid personnel should be proficient in the use of
resuscitation and other life saving techniques as specified in
rescue procedures.
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vii) Emergency telephone numbers of nearby Hospitals, Police, Fire
Station and Administration should be prominently displayed.
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10.0 DOCUMENTATION

The intention of keeping documentation of all types of accident(s) is to prevent


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recurrence of similar accident(s). All accidents should be reported as per OISD


Guidelines and The Factories Act, 1948/ BOCWR.
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All accidents (major, minor or near miss) should be investigated, analysed and
recommendations should be documented along with implementation status.
All related data should be well-documented and further analysis highlighting the
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major cause(s) of accidents be done. This will help in identifying thrust areas and
training needs for prevention of accidents.
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11.0 SAFETY AWARENESS & TRAINING

Safety awareness to all section of personnel ranging from site-in-charge to


workmen helps not only preventing the risk but also build up the confidence. Time
and expenditures also get saved as a result.
Safety awareness basically seeks to persuade/inform people on safety besides
supplementing skill also. Awareness programme may include followings:
i) Poster: Posters with safety slogan in humorous, gruesome demonstrating
manner may be used to discourage bad habits attributable to accidents by
appealing to the workers' pride, self-love, affection curiosity or human
aspects. These should be displayed in prominent location(s).

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

ii) Safety Sign Boards: Different type of message of cautioning, attention,


notice etc. should be displayed at the appropriate places for learning/
awareness of the workmen while working at site.
iii) Films & Slides: Film(s) narrating the accident case study including the
causes and possible remedial ways of preventing the recurrence of a similar
accident should be displayed at regular intervals. Slides consisting main
points of the film show may also be shown to workers.
iv) Talks, lectures & conferences: The success of these events would depend
much on audience’s understandings of the speaker (s). The speakers are to
be knowledgeable and good presenter. Speakers should know to hold the
attention and to influence the audiences.
v) Competitions: Organise competition(s) between the different

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deptts/categories of workers. The sense of reward/recognition also will
improve safety awareness and result in enhancing safety levels.

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vi) Exhibitions: Exhibitions also make the workers acquainted with hazards and
means of preventive measures.
vii) Safety Publication: Safety publications including pocket books dealing with

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ways of investigation and prevention in the field of safety and so on, may be
distributed to workers to promote the safety awareness.

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viii) Safety Drives: From time to time, an intensive safety drive by organising a
safety day or a safety week etc. should be launched.
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ix) Training: Training for covering the hazards for different trade should be
imparted. Training should also include the specific hazards related to a job in
addition to the general safety training as has been dealt in various chapters
and should include all workers. Reference may be drawn from OISD-STD-
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154.

12.0 REFERRENCES
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i) Factory Act, 1948


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ii) Indian Electricity Rules


iii) Safety & Health in Construction by ILO
iv) The Building & Other Construction Workers (Regulation, Employment and
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Conditions of Service) Act 1996 and Central Rules 1998


v) CSB guidelines
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vi) IS 1161: 2006 or latest edition - Steel tubes for structural purposes —
specification
vii) IS 2750: 1964 or latest edition - Specification for steel scaffolding.
viii) IS : 3696 (Part 1) – 1987 (Scaffolds) Safety code of scaffolds and ladders
ix) IS : 3696 (Part 2) – 1987 (Ladders)Safety code of scaffolds and ladders
x) IS 4014 Part I: 2006 or latest edition - Code of practice for steel tubular
scaffolding - definitions and materials.
xi) IS 4014 Part II: 2005 or latest edition - Code of practice for Steel tubular
scaffolding - Safety regulations for scaffolding.
xii) Building & Other Construction Workers(Regulation on employment
&conditions of service) central rules, 1998 (Provision related to Scaffold).
xiii) OHSA Standard on Scaffold (CFR 1926.452)

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

ANNEXURE I
LIST OF SAFETY CODES FOR CIVIL WORKS PUBLISHED BY BUREAU OF
INDIAN STANDARDS
Sr.no Code No. Title

01. IS : 818 Code of Practice for Safety and Health Requirements in Electric
and Gas Welding and Cutting Operations – First Revision.
02. IS : 875 Code of practice for Structural safety of buildings: Masonry walls
03. IS : 933 Specification for Portable Chemical Fire Extinguisher, Foam
Type – Second Revision.
04. IS : 1179 Specification for Equipment for Eye and Face Protection during
Welding – First Revision.

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05. IS : 1904 Code of practice for Structural safety of buildings: Shallow

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foundations
06. IS : 1905 Code of practice for Structural safety of buildings: Masonry walls
07. IS : 2171 Specification for Portable Fire Extinguishers, Dry Powder Type –

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Second Revision.
08. IS : 2361 Specification for Building Grips – First Revision.
09. IS : 2750
10. IS : 2925
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Specification for Steel Scaffoldings.
Specification for Industrial Safety Helmets – First Revision.
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11. IS : 3016 Code of Practice for Fires Precautions in Welding and Cutting
Operations – First Revision.
12. IS : 3521 Industrial safety belts and harnesses
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13. IS : 3696 – Part I Safety Code for Scaffolds and Ladders : Part I – Scaffolds.
14. IS : 3696 – Part II Safety Code for Scaffolds and Ladders : Part II – Ladders.
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15. IS : 3764 Safety Code for Excavation Work.


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16. IS : 4014 -Part I & II Code of practice for Steel tubular scaffolding
17. IS : 4081 Safety Code for Blasting and Related Drilling Operations.
18. IS : 4082 Recommendations on staking and storage of construction
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materials at site
19. IS : 4130 Safety Code for Demolition of Buildings – First Revision.
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20. IS : 4138 Safety Code Working in Compressed Air-First Revision


21. IS : 4756 Safety code for Tunneling works
22. IS : 4912 Safety requirements for Floor and Wall Openings, Railings and
toe Boards –First Revision.
23. IS : 5121 Safety Code for Piling and other Deep Foundations.
24. IS : 5916 Safety Code for Construction involving use of Hot Bituminous
Materials.
25. IS : 5983 Specification for Eye Protectors – First Revision.
26. IS : 6922 Structures subject to underground blasts, criteria for safety and
design of
27. IS : 7155 Code of recommended practices for conveyor safety
28. IS : 7205 Safety Code for Erection on Structural Steel Works.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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SAFETY PRACTICES DURING CONSTRUCTION

Sr.no Code No. Title

29. IS : 7069 Safety Code for Handling and Storage of Building Materials.
30. IS : 7293 Safety Code for Working with Construction Machinery.
31. IS : 7323 Guidelines for operation of Reservoirs
32. IS : 7969 Safety code for handling and storage of building material
33. IS : 8758 Recommendation for Fire Precautionary Measures in
construction of Temporary Structures and Pandals.
34. IS : 8989 Safety Code for Erection of Concrete Framed Structures.

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35. IS : 9706 Code of Practices for construction of Arial ropeways for
transportation of material

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36. IS : 9759 Guidelines for de-watering during construction
37. IS : 9944 Recommendations on safe working load for natural and man-
made fibre rope slings

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38. IS : 10291 Safety code for dress divers in civil engineering works
39. IS :10386 – Part I

40. IS :10386 – Part II


River Valley Projects. di
Safety Code for Construction, Operation and Maintenance for

Safety Code for Construction, Operation and Maintenance of


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River Valley Projects.
41. IS : 11057 Code of practice for Industrial safety nets
42. IS : 13415 Code of Practice on safety for Protective barriers in and around
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building
43. IS : 13416 Recommendations for preventive measures against hazards at
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working places
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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Page No. I

OISD – GDN – 207

FOR RESTRICTED
CIRCULATION ONLY

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CONTRACTOR SAFETY

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OISD – GUIDELINES – 207

Second Edition, April, 2016


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First Edition, October, 2002
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Oil Industry Safety Directorate


Government of India
Ministry of Petroleum & Natural Gas
8th Floor, OIDB Bhavan, Plot No. 2, Sector – 73, Noida – 201301 (U.P.)
Website: www.oisd.gov.in
Tele: 0120-2593800, Fax: 0120-2593802

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Page No. II

OISD – GDN – 207


Second Edition, April, 2016
First Edition, October, 2002

FOR RESTRICTED
CIRCULATION ONLY

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CONTRACTOR SAFETY

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Prepared by
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FUNCTIONAL COMMITTEE ON CONTRACTOR SAFETY
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OIL INDUSTRY SAFETY DIRECTORATE


8th Floor, OIDB Bhavan, Plot No. 2, Sector – 73, Noida – 201301 (U.P.)
Website: www.oisd.gov.in
Tele: 0120-2593800, Fax: 0120-2593802

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Page No. III

Preamble

Indian petroleum industry is the energy lifeline of the nation and its continuous performance is essential for
sovereignty and prosperity of the country. As the industry essentially deals with inherently inflammable
substances throughout its value chain – upstream, midstream and downstream – Safety is of paramount
importance to this industry as only safe performance at all times can ensure optimum ROI of these national
assets and resources including sustainability.

While statutory organizations were in place all along to oversee safety aspects of Indian petroleum industry,

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Oil Industry Safety Directorate (OISD) was set up in 1986 Ministry of Petroleum and Natural Gas,
Government of India as a knowledge centre for formulation of constantly updated world-scale standards for

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design, layout and operation of various equipment, facility and activities involved in this industry. Moreover,
OISD was also given responsibility of monitoring implementation status of these standards through safety
audits.

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In more than 25 years of its existence, OISD has developed a rigorous, multi-layer, iterative and participative
process of development of standards – starting with research by in-house experts and iterating through

di
seeking & validating inputs from all stake-holders – operators, designers, national level knowledge
authorities and public at large – with a feedback loop of constant updation based on ground level experience
obtained through audits, incident analysis and environment scanning.
In
The participative process followed in standard formulation has resulted in excellent level of compliance by
the industry culminating in a safer environment in the industry. OISD – except in the Upstream Petroleum
Sector – is still a regulatory (and not a statutory) body but that has not affected implementation of the OISD
s
standards. It also goes to prove the old adage that self-regulation is the best regulation. The quality and
relevance of OISD standards had been further endorsed by their adoption in various statutory rules of the
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land.

Petroleum industry in India is significantly globalized at present in terms of technology content requiring its
operation to keep pace with the relevant world scale standards & practices. This matches the OISD
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philosophy of continuous improvement keeping pace with the global developments in its target environment.
To this end, OISD keeps track of changes through participation as member in large number of International
and national level Knowledge Organizations – both in the field of standard development and implementation
& monitoring in addition to updation of internal knowledge base through continuous research and application
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surveillance, thereby ensuring that this OISD Standard, along with all other extant ones, remains relevant,
updated and effective on a real time basis in the applicable areas.
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Together we strive to achieve NIL incidents in the entire Hydrocarbon Value Chain. This, besides other
issues, calls for total engagement from all levels of the stake holder organizations, which we, at OISD,
fervently look forward to.

Jai Hind!!!
Executive Director
Oil Industry Safety Directorate

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Page No. IV

FOREWORD
At the time of development of this document, 113 OISD standards,
recommended practices and guidelines are applicable to the Oil and Gas
installations of Public sector Oil Companies in India. 11 of these standards have
been adopted by Petroleum and Explosives Safety Organisation (PESO) in
various rules administered by them and thus the provisions of these standards
are mandatory for entire Oil & Gas sector to that extent.

A few serious accidents have occurred in the recent past in India and abroad
including vapour cloud explosion and fire at Oil terminal near Jaipur emphasised

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the need for the industry to review the existing provisions of various guidelines
and statutory requirements.

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With the above in view the Government of India directed the Oil Industry Safety
directorate to develop a comprehensive document covering all the facets of

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Safety in Design, Operation and Maintenance, of depots and terminals being run
by marketing divisions of Oil companies with an objective to strengthen the

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existing system.

The present guideline on “Contractor Safety” has been prepared by the functional
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committee based on, existing standards, guidelines & recommended practices of
OISD, the recommendations arising out of recent major accidents and their
analysis, the accumulated knowledge and experience of industry members in
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India and updation of National and International codes and practices.
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The provisions of this document, if implemented objectively, may go a long way


in enhancing overall safety standard and reduce accidents in Oil Installations.
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Users are cautioned that no standard can be substitute to the “judgement and
experience of Engineers”
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This document will be reviewed periodically for improvements based on the new
experiences and better understanding. Suggestions are also invited from the
users after it is put into practice to improve the document further. Suggestions
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may be addressed to:


The Coordinator
Committee on “Contractor Safety”
Oil Industry Safety Directorate
8th Floor, OIDB Bhavan, Plot No. 2, Sector – 73, Noida – 201301 (U.P.)
Website: www.oisd.gov.in
Tele: 0120-2593800, Fax: 0120-2593802

This guideline in no way supercedes the statutory regulations of Chief Controller of Explosives
(CCE), Factory Inspectorate or any other statutory body, which shall be followed as applicable.

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Page No. V

NOTE

OISD (Oil Industry Safety Directorate) publications are prepared for use in the Oil
and Gas Industry under Ministry of Petroleum & Natural Gas. These are the
property of Ministry of Petroleum & Natural Gas and shall not be reproduced or
copied and loaned or exhibited to others without written consent from OISD.

Though every effort has been made to assure the accuracy and reliability of the

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data contained in these documents, OISD hereby expressedly disclaims any
liability or responsibility for loss or damage resulting from their use.

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These documents are intended to supplement rather than replace the prevailing
statutory requirements.

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Page No. VI

SECOND FUNCTIONAL COMMITTEE ON CONTRACTOR SAFETY

LIST OF MEMBERS

Name Organization Status

S/Shri

Ashok Dashputre Vice President, RIL Leader

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Dharmvir Addl. Director, OISD Member Coordinator

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A K Gupta DGM (HSE), IOCL Member

P K Agarwal CM (HSE), IOCL Member

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S Mukharjee DGM (C), EIL Member

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Udoay Payyadi Sr. Manager-Maintenance, HPCL Member

Vijay Mohan Addl. Director, CHT Member


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Manish Pandey Sr. Manager (Mech), BORL Member

B K Rabha Dy. CE(Instrumentation), OIL Member


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Bimal Raj V L Manager (F&S), BPCL – KR Member
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Yogesh J Nakhre Manager-F&S, HPCL. Member


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Upinder Kumar Petronet LNG Member

A K Arora Addl. Director, OISD Member


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In addition to the above, several other experts from Industry contributed in the preparation,
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review and finalisation of this Guideline.

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OISD/DOC/2018/26

Page No. VII

FIRST FUNCTIONAL COMMITTEE ON CONTRACTOR SAFETY

LIST OF MEMBERS

Name Organization Status

S/Shri

R N Biswas Indian Oil Corporation Ltd. Leader

S K Bag Indian Oil Corporation Ltd. Member

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K Prakash Bharat Petroleum Corporation Ltd. Member

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A Tilwankar Bharat Petroleum Corporation Ltd. Member

A D Ghorpade Hindustan Petroleum Corporation Ltd. Member

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Thomas Chacko Kochi Refineries Ltd. Member

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R Chakravarty Numaligarh Refineries Ltd.
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N R Adsul Bharat Petroleum Corporation Ltd. Member

M P Jain Engineers India Ltd. Member


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C M Sharma Oil Industry Safety Directorate Member
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A K Ranjan Oil Industry Safety Directorate Member Coordinator


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In addition to the above, several other experts from Industry contributed in the preparation,
review and finalisation of this Guideline.
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OISD/DOC/2018/26

Page No. VIII

CONTRACTOR SAFETY

CONTENTS

SECTION DESCRIPTION PAGE NO.

1.0 INTRODUCTION 1

2.0 SCOPE 1

3.0 DEFINITIONS 1

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4.0 DUTIES / RESPONSIBILITIES 2

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4.1 Owner 2

4.2 Contractor 5

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4.3 Consultant 8

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4.4 Designer 9

5.0 SAFETY MANAGEMENT 9


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5.1 Job Safety Analysis (JSA) 9

5.2 Criteria of a Selection of a Contractor 9


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5.3 Site Planning and Layout 10
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5.4 Gate Entry Procedure 11

5.5 Training 13
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5.6 Inspection / Audit 17

5.7 Penalties for non-compliance 17


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5.8 Incident Reporting and Investigation System 20


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5.9 Safety Committee Meetings 20

5.10 Safety Equipment / Personnel Protective Equipment 23

6.0 REFERENCES 24

ANNEXURE I List of BIS codes / Statutory Regulations 25

ANNEXURE II Checklist for Safety Inspection / Audit 28

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CONTRACTOR SAFETY

CONTRACTOR SAFETY

1.0 INTRODUCTION

Oil and Gas operations like Drilling, Production, Refining, Storage, Transportation and
Distribution, etc. are inherently hazardous. A large number of contractor workforce is
deployed to carry out construction, maintenance and other jobs. The analysis of the
incidents in the Petroleum Sector indicates that a large number of incidents involved
contractor workforce and have resulted in either casualty or injury besides leading to
property damage and operational interruptions and environmental degradation.

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In order to improve the safety levels of hydrocarbon installations, the contractor safety

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is of utmost importance and there is a need to institute a good contractor safety
system.

2.0 SCOPE

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This document covers broadly the guidelines on the HSE management system for

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enhancing the safety levels of the contractor workforce deployed in construction,
maintenance and operation activities in the hydrocarbon industry.
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The safety precautions to be taken while carrying out different activities during
construction / maintenance have separately been covered in OISD-GDN-192 on
"Safety Practices during Construction".

3.0 DEFINITIONS
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Work station / Work site

A place / unit where the job is carried out by contractor/executing agency in specified
manner with safety, during construction phase or in operation phase.
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Owner
Any physical or legal person/entity for whom prescribed job is carried out.
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It shall also include owner's designated representative / consultant /nominee / agent,


authorised from time to time to act for and on its behalf, for supervising / co-ordinating
the activities of the contractor/execution agency.
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Contractor / Executing Agency

A physical or legal person/entity having contractual obligation with the owner, and who
deploys one or more worker on the site.

Contractor Worker

It covers all workmen who are either self-employed or employed through contractor,
the casual workers and includes contractor’s supervisor, working at a location / site
employed directly by Owner or through their contractor.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

Incident

An incident is an unplanned, uncontrolled, unintended or unforeseen event, caused by


unsafe acts and / or unsafe conditions, resulting in or having the potential to result in
personal injury and/or property damage.

Consultant

Consultant is a physical or legal person/entity engaged by owner to provide the


consultancy services to owner for management of the contract on their behalf or as
specified.

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Designer

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Designer is a physical or legal person / entity engaged by owner to provide design
services of a work site.

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Owner's Representative / Engineer In Charge

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The Owner’s representative/Engineer-in-charge is the one, who has been designated
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Owner's Safety Officer

A properly trained person designated by owner who ensures safety at work site.
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4.0 DUTIES/ RESPONSIBILITIES
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4.1 OWNER

4.1.1 Owner’s Management


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The commitment to safety has to be emphasized by the owner by practice by its own
management and employees at all levels. The duties and responsibilities of owner
should include:
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i) To institute a mechanism for identification and compliance of all applicable


statutory rules & regulations (Refer Annexure I for a list of few important Bureau
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of Indian Standards & statutory regulations).

ii) To provide specific information to contractors and make workers aware on the
hazards associated with job assigned.

iii) To provide information about Risk Mitigation measures available at the place of
work.

iv) To provide the contractor with information on Owners Safety Plan & Regulations,
Emergency Management Plan, lockout / tag out procedure, confined space entry,
work permit system, excavation / trench permit system etc.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

v) To specify rules (e.g. for security including access arrangements) and safety rules
such as fire protection, first aid arrangements, Work Permit systems etc.

vi) To provide comprehensive list of statutory regulations / standards and


specification, to be complied with during execution of contract, in the tender
document itself.

vii) To ensure training of the contractor workforce, medical examination, and proper
usage of safety equipment.

viii) To specify the requirements of Health, Safety and Environment (HSE)

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(commensurate with the nature of job) in Pre- Qualification criteria.

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ix) To designate Engineer-in-charge and safety officer.

x) To arrange for a multi-disciplinary safety audit team to conduct surprise / regular


safety audits and monitor the implementation of the recommendations.

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xi) To introduce suitable schemes for motivation of the contractor worker to adhere to

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safety guidelines.

xii) To review safety practices & their implementation through periodic surprise visit of
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the work sites and monthly review meeting.

xiii) To develop the HSE plans and incorporate the same in the tender document.

xiv) To liaise with external agencies like press, public etc and with law enforcement,
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regulatory, statutory agencies etc.
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xv) To report to statutory agencies on safety compliance and accidents, if any.

4.1.2 Owner's Representative/Engineer-in-charge


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The duties & responsibilities of engineer-in-charge should include:

i) To ensure that all Contract requirements including Health, Safety, Environment &
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Security are complied with.

ii) To ensure that contractor workforce deployed is adequately qualified, trained and
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in state of health to commensurate with the requirements of the job.

iii) To ensure that the Tools / Tackles and Machinery being used are properly tested
and are in sound working conditions and necessary resources proposed for
providing safe place of work and necessary PPE are being used.

iv) To take the required necessary corrective action immediately upon noticing or
receipt of a report on noncompliance or any such condition which poses a threat
to health, safety or environment. If during the course of execution of the contract,
any situation of non-compliance with the contractor's safety and health plan are
noticed / reported, the same will be taken up with the contractor for correction. In
the event of repeated non compliance, suitable action to be initiated as per the
contract.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

v) To ensure that the incidents are reported to all concerned within stipulated time
frame.

vi) To ensure submission of a plan for safe working (Method Statement) from
contractor and approval of the same by competent person / department.

vii) To ensure that Work Permit System in line with OISD-STD-105 is adhered to.

viii) To ensure availability of all the documentation needed for the execution of
contract.

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ix) To ensure that the quality controls have been maintained during

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fabrication/erection and all jobs required for safe commissioning have been
carried out.

x) To ensure safe dismantling of all temporary facilities/connections put up by the

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contractor, after completion of work.

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xi) To compile a report on the safety performance (at the conclusion of each contract
or periodically such as annually for renewable and long-term contracts), which is
to be considered in future when selecting contractors.
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xii) To ensure that the Consultant, contractor and sub-contractor employ / designate
qualified & trained Safety Engineer / Officer commensurate with requirement of
the job.
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xiii) To comply with all applicable safety and health standards, rules, regulations and
orders issued by competent authority pertaining to the assigned activities.
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4.1.3 Owner's Safety Officer


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The duties & responsibilities of the Owner's Safety Officer should include:

i) To assess the hazards associated with jobs in consultation with all concerned and
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establish safe working procedure including identification of the escape routes.


ii) To establish a written record of factors which can cause injuries and illnesses and
maintain statistical information for use in analysing all types of incidents and
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events involving contract personnel.


iii) To undertake routine/surprise inspections of all work sites and identify unsafe
conditions & practices, if any. Check for compliance of the safety practices being
followed with approved HSE Plan.
iv) To investigate promptly the incidents (including near-miss) in order to advise
corrective and/or preventive action and assist management for its compliance.
v) To ensure periodic internal audits, review meetings, monitor and analyse HSE
performance, nonconformities and suggest its corrective & preventive action.
vi) To encourage contractor and contract workers for reporting requirements for of
occupational injuries and illnesses.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

vii) To advise whether the proposed working arrangements are safe and satisfactory,
particularly at the interface between the contractor's planned work and owner’s
existing facilities.

viii) To communicate to the Contractor the imposed restrictions which may affect the
work/personnel such as the temporary closure of a corridor or electrical isolation
of equipment.

ix) To review and monitor the contractor's adherence to approved HSE plan and
compliance thereof.

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x) To design and conduct either independently or in collaboration with the training
department, suitable HSE training programme for the prevention of personal

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injuries to Consultant, Contractor’s Managers, Supervisors and workmen at all
levels

xi) To identify areas of operations where specialized training is required to deal with

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potential dangers.

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xii) To document and to bring to the attention of the Owner's Supervisor and
Contractor any non-compliance/violation of the safety norms against approved
safety and health plan or safety and health requirements and also raise these
issues in the Safety Committee Meetings.
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xiii) To take part in Tool Box Meetings at random and to ensure maintenance of
records.
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I. Establish, implement, maintain and review HSE objectives and programs
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including responsibility, authority, means & time frame at all relevant


functions and levels.
II. Apprise the management about HSE status & help formulate appropriate
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policies for continual improvement.


III. Standardize PPE & Safety Devices, identify and develop approved vendors
wherever required.
To organise campaigns, competitions, contests and other activities in association
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with the concerned departments, which will develop and maintain the interest of
the contractor and contractor workers in establishing and maintaining safe
conditions of work and procedures;
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4.2 CONTRACTOR

4.2.1 Contractor's Management

Duties & responsibilities of the contractor should include the following:

i) To implement safe methods and practices, deploy appropriate machinery, tools &
tackles, experienced supervisory personnel and skilled work force etc. required
for execution.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

ii) To prepare a comprehensive and documented plan for implementation,


monitoring and reporting of Health, Safety and Environment (HSE) and implement
the same after its approval.

iii) To nominate qualified & trained Safety Engineers / Officers reporting to the Site in
charge, for supervision, co-ordination and, liaison for the implementation of the
safety plan.

Similar HSE Plan should be implemented at the sub- contractor’s or supplier’s site
/office. However the compliance with the HSE Plan is to be the sole responsibility
of the Contractor.

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iv) To arrange facilities at suitable location in liaison with the owner for drinking

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water, toilets, lighting, canteen, lunch shelter, crèche etc. as applicable as per
Laws/ Legislation at site and also arrange for workmen compensation insurance,
third party liability insurance, registration under ESI / PF act etc as applicable.

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v) To arrange for fire protection equipment as per the advice of owner.

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vi) To ensure that its employees have completed appropriate health and safety
training as required by the statute / regulation and also as per requirements of the
Owner / Consultant. The documentation of such training imparted to all its
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employees should be maintained and produced for verification as required.

vii) To comply with all the security arrangements of owner.

viii) To ensure that the plant and equipment used on-site by contractor / employees is
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correctly registered, controlled and maintained in sound working condition.
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ix) To ensure availability of First Aid boxes and First Aid trained attendant and other
facilities as per requirement of factory Act / Building & Construction Workers
Regulation (BOCWR).
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x) To ensure that all incidents including near misses are reported immediately.
Investigated with corrective and preventive action and learning are shared with all
workers and all concerned at the earliest.
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xi) To have HSE policy


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xii) Maintain HSE performance data on yearly basis and submit to owner for
evaluation

In construction projects where sub-contractors are engaged, the contractor should set
out the responsibilities, duties and safety measures that are expected of the sub-
contractor’s workforce. These measures should include the provision and use of
specific safety equipment, methods of carrying out specific tasks on safety and the
inspection and appropriate use of tools.

The responsibilities indicated separately under contractor’s Supervisor, Safety Officer


and contract worker are contractually that of the Contractor and legally binding on the

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

Contractor only. However the specific detailing as above has been given separately for
guidance and operational convenience.

The selection of sub contractors, if employed, should be approved by the owner. Sub-
contractor should comply fully with all safety rules and conditions applicable to the
main contractor.

4.2.2 Contractor’s Supervisor / Safety Officer

Duties & responsibilities of the Contractor’s supervisor/Safety Officer should include


the following:

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i) To ensure strict compliance with work permit system by carrying out work only
with appropriate work permits and after ensuring that all safety precautions /
conditions in the permit are complied with and closing the same after job
completion.

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ii) To ensure that required guards and standard personal protective equipment are

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provided, used, and properly maintained including contingency requirement.

iii) To ensure inspection, tested, certification and maintenance of all tools and ensure
removal of defective tools.
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iv) To plan the workload and assign workers to jobs in commensuration with their
qualification, experience and state of health.
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v) To ensure that all the preventive measures for identified hazards (e.g. Job Safety
Analysis, Job Hazard Analysis, HIRA, etc.) are in place and communicated to
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workers

vi) To take immediate corrective action against the violation of safety rules observed
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or reported.

vii) To ensure that the workers likely to be exposed to hazardous chemicals/materials


have access to appropriate Material Safety Data Sheets (MSDS), and provide
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necessary mitigation measures.

viii) To ensure that appropriate warning signboards or tags are displayed.


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ix) To ensure that all workers have proper training for their job assignments,
including use of appropriate PPE, first aid and fire fighting equipment.

x) To ensure that only medically fit person shall be engaged in work and also ensure
that sick / or injured workers during course of work should receive timely and
appropriate first aid and/or medical attention.

xiii) To report each incident and/or injury in accordance with established procedures
and assist in investigation.

I. Maintain Daily HSE observation log book at site


II. Conduct Tool Box talks along with Site Engineers/ supervisors.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

Maintain the published HSE literature, HSE regulations, codes and other
communications. Advise management of compliance and conditions requiring
attention.

A fulltime / dedicated Safety Officer should be assigned, where more than 100 workers
are employed at site. For smaller jobs, the supervisor should assume the role of the
safety officer also.

4.2.3 Contract workers

The duties & responsibilities of the contractor worker should include the following:

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i) To perform work safely as per the job requirement and instructions.

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ii) To inform all concerned regarding unsafe conditions / and unsafe acts.

iii) To wear PPE as stipulated and necessary for the job.

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iv) To inform promptly to their supervisor regarding all work related incidents resulting

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in personal injury, illness and/or property damage.

v) To take all necessary and appropriate safety precautions to protect themselves,


other personnel and the environment.
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4.3 CONSULTANT
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The activities and responsibilities covered under the scope of the Owner may be
delegated to the consultant in those cases as applicable, based on the respective
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contract conditions. The primary responsibility of Consultant is to ensure compliance


with agreed HSE plan for the contract by the Contractor. However those
responsibilities conferred on Owner as Principal employer cannot be delegated to
consultant.
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Where the consultant‘s scope involves Engineering and Design, those factors under
Designer (Para 4.4) should also be applicable.
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In all cases, the Consultant's scope should include submission of latest HSE plans for
work under his and Contractor's purview and implementing the same till job
completion. It should conform to owner's overall HSE plan. This should include
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Guidelines and Implementation and Reporting Methodology to be followed with


required report formats.

Adequate number of Safety Officers shall be provided by the Consultant with


necessary skills required for the work to be performed.

The Consultant shall review the documents submitted by the contractor and advise
owner on acceptance as well as advise suitability and number of Contractor's safety
officers / supervisors.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

4.4 DESIGNER

The Process Designer should identify all hazards and risks likely to be encountered
during fabrication, erection including dismantling, Pre-commissioning, commissioning
and Performance run to meet the Guarantees and advise the risk mitigation measures.

All the hazards and safety measures to be adopted while handling Dangerous
chemicals and Catalysts should be detailed by the Process Licensor and the same
should be again included in the scope of the suppliers. Specific write ups/MSDS
should be obtained from Patented single source suppliers also.

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Designs should recognize, include and apply safe practice during preparation,
construction and subsequent operational use and maintenance after completion of the

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Project.

All documents including drawings and calculations are to be originated, checked and
approved in accordance with latest international codes, standards, specifications and

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design basis philosophy.

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Use of low risk materials, non hazardous substances, use of low noise and dust-
suppressed equipment etc. should be encouraged.
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5.0 SAFETY MANAGEMENT

5.1 JOB SAFETY ANALYSIS (JSA)

Job safety analysis (JSA) provides a mechanism by which the contractor / owner,
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safety officer(s) and job supervisor(s) take a detailed look at how an individual task is
performed , and its inherent hazards and preventive measures. This procedure helps
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in integrating accepted safety and health principles and practices into a particular
operation. In a JSA, each step of the job is examined to identify potential hazards and
to determine the safest way to do the job.
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A job safety analysis includes five steps as below:

 Select a job
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 Break the job down into a sequence of steps


 Identify the hazards against each of these steps (based on knowledge of accident,
causes of injuries and personal experience) and determine the preventive
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measures to overcome these hazards


 Apply the controls to the hazards
 Evaluate the controls measures and revisit JSA if necessary

5.2 CRITERIA OF SELECTION OF A CONTRACTOR & SAFETY PERFORMANCE


REVIEW

“Contractor Safety” can be ensured to a large extent if competent agency for execution
of assignment or job, based on HSE system agreed upon by owner, is selected. It is
necessary to assess his capabilities and competencies to perform work safely.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

A databank should be developed for all the contractors for their past performance on
HSE aspects. An attempt should also be made to get similar data from other similar
industries.

The data required will depend upon complexity involved in the job and type / size of
resources required. Format needs to be suitably developed depending upon size,
nature of the job & hazard associated therein. The format designed should also take
care of the skill required to carry out the job.

Performance review is essential for all type of contractors. It helps in recording actual
performance/experience with contractors while the contract is in progress. It is

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essential that resources agreed as per the contract are reviewed at mobilization stage
for ensuring compliance from the day one and thorough effective supervision /

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monitoring system are at place.

This activity also helps in taking timely action in case of unsatisfactory performance to
correct the situation and ensure safe work during execution period and deciding about

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suitability of the contractor for future jobs.

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The periodicity of such performance review will depend upon size/type/complexity of
contract. However, the performance should be reviewed periodically from mobilisation
stage till the demobilization stage. Appropriate corrective action should be ensured.
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5.3 SITE PLANNING AND LAYOUT

Before starting the construction/maintenance job at existing workplace in operation or


green field locations, following should be ensured: -
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i) Details regarding location of workshop/ fabrication yard, site office, stores,


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laboratory, electrical installations, placement of construction machinery, medical


and welfare facilities, lighting underground and above ground piping route, cable
route etc. should be decided prior to commencement of the work in consultation
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with owner / Consultants and implementation should be ensured. Layout should


be displayed at strategic locations.

ii) The resources required to meet any emergency situations like fire fighting, first
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aid etc. should be planned and mobilized as per the job requirement.

iii) The sequence or order in which work to be done and any hazardous operations
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or processes should be identified.

iv) Free access to site shall be provided with clear roads, passage, gangways,
staircases etc. Access to construction site should be leveled, open and free from
any obstructions like construction material or scrap/waste, exposure to hazards
such as falling materials, material handling equipment and vehicles. Any pit or
ditch shall be covered or barricaded.

v) Arrangements should be made to maintain good housekeeping at site. Scrap and


debris generated out of construction work should be removed/disposed off at a
regular interval as directed. Emergency exit should be provided in case of
blockade of primary exit.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

vi) Suitable warning notices and also the routes to and from welfare facilities should
be displayed prominently.

vii) Pedestrian pathways and routes for vehicular traffic (light/heavy vehicles including
material handling equipment) should be earmarked.

viii) Artificial lighting to be provided at places where work continues or workers pass
by after sunset or in case natural light is insufficient like confined spaces.

ix) Keep all equipment /machines under cover to prevent them from dust, rain/flood
water, heat etc. and follow storage instructions as applicable for each of them.

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5.4 GATE ENTRY PROCEDURE

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Gate entry at any site / workplace / unit is to be restricted to ensure entry of only
authorised persons / vehicles.

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5.4.1 Entry procedure for all contractor workers should be as follows:

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A. Issuance of Pass

i) The passes are to be issued after the owner’s representative/engineer-in-charge


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forwards the application of the contractor providing complete details of the workers
being engaged. The contractor should be asked to submit Character & Antecedents
(C&A) verification of individual worker from concerned authorities.

ii) The actual deployment of the workers at the construction site should be done after
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imparting the necessary safety induction training.
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iii) With regard to issuance of passes for all vehicles including material handling
equipment, owner’s representative / engineer-in-charge should forward the application
only after ensuring that all documents pertaining to the fitness of the vehicle/equipment
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and valid driving license of the driver, PUC of the vehicle, insurance of vehicle, etc. are
available.

iv) The passes should be serially numbered with address, contractor name, identification
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mark, signature of the worker etc.

v) Special colour code for passes should be used for persons entering different areas like
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Administrative Block, Unit area, Project Area (wherever applicable).

vi) Contractor workers engaged on routine basis for long periods should be provided with
monthly photo pass.

vii) Special permit is required separately for working beyond normal working hours and
holidays.

B. Gate Entry

i) Entry of the contractor’s employees should be permitted with valid gate passes only.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

ii) Entry of contractor’s workers should be allowed in presence of authorized


representative of contractor.

iii) Records of persons at the time of entry/exit should be maintained.

iv) At the entry gate of the location, a physical checking for non-carrying of lighter,
matchboxes, explosives etc. should be carried out.

v) Gate passes/Identity Cards should be displayed on persons at all the times.

vi) For Mega-projects at existing / operating installations, it is preferable to have a

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separate gate for entry of contractor workers and also the project areas should be
segregated fencing from operational area by fencing / other physical means.

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vii) No vehicle should be allowed to enter in an operational area without proper flame
arrestor.

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viii) Awareness on Safety through training / posters etc. highlighting Do's and Don'ts
should be spread within entire contractor workforce. Video/Audio tapes on Safety

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Topics should be played preferably.

ix) For occasionally engaged workers such as for material handling etc., spot photograph
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should preferably take with two copies (one for preparing the pass and other for
attachment with gate register). Specific advice and recommendation of User
Department should be given due cognizance. Relevant details are to be written. The
pass should be collected back at the gate after day’s work.
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5.4.2 Tank Truck Loading (TTL) Operation :
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At the loading / unloading location, a large no. of Tank Trucks of petroleum products
enter the installation. Crew members are generally not regular entrants. The
procedure should be as follows:
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i) The gate pass should be issued to the individual crew members on written
request of the transporter mentioning TT registration nos., License and certificate
of training as per MV rule 9.
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ii) Character & Antecedent (C & A) verification of the TTL crew through local police
is to be done preferably and record maintained.
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iii) For loading/unloading purpose, register entry at security gate is made before
allowing entry into the premises with recording of names of crew members, time
of entry, pass Sr. No., TT no. etc.

iv) For loading/unloading, crew is allowed entry alongwith TT only, after checking of
TT from explosive/security point of view.

v) Out time, invoice no., Destination etc., are recorded while TTs go out of the
security gate.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

5.5 TRAINING

Training is to educate contractor workforce on various hazards associated with the


job/workplace and on the respective preventive / mitigation measures to avoid
untoward incidents.

i) Workers should be adequately and suitably:

(a) informed of potential safety and health hazards to which they may be
exposed to at their workplace;

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(b) instructed and trained in the measures available for the prevention, control
and protection against those hazards.

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ii) No person should be employed in any work at a workplace unless that person
has received the necessary information, instruction and training so as to be able
to do the work competently and safely. The competent authority should, in

a
collaboration with employers, promote training programs to enable all the workers
to read and understand the information / instructions related to safety and health

di
matters.

iii) The information, instruction and training should be given in a language


In
understood by the worker and written, Oral, visual and participative approaches
should be used to ensure that the worker has assimilated the information.

iv) Every worker should receive instruction and training regarding the general safety
and health measures common to the workplace. This should include:
s

(a) general rights and duties of workers at the workplace;


er

(b) means of access and egress both during normal working and in an
emergency;
ne

(c) measures for good housekeeping;

(d) location and proper use of welfare amenities and first aid facilities
gi

provided;

(e) proper use and care of the items of personnel protective equipment and
En

protective clothing provided to the worker;

(f) general measures for personal hygiene and health protection;

(g) fire precautions to be taken;

(h) action to be taken in case of an emergency;

(i) requirements of relevant safety and health rules and regulations.

(j) training on hazards and mitigation measures for specific area where
worker is assigned to work shall be given as part of entry procedure

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

(k) Job specific training / refresher course shall also be given at regular
intervals.

(l) It is also expected that behaviour based safety culture shall be encouraged
and all the workers will be involved.

Copies of the relevant safety and health rules, regulations and procedures should be
available to workers upon the commencement of and upon any change of employment.

5.5.1 Training Techniques

d
a) Lectures

Lt
This technique should be applied when it is required to transfer information in local
language to a large contractor workforce with controlled content and time.

a
b) Case Study

di
This is an effective technique based on the presentation of case of real events by Trainer
to highlight probable causes like Human Error, ignorance about the job etc.
In
c) Videos

Videos, an effective technique of communication, should be used to display the right


techniques of performing a task in a safe manner and hazards associated with a job.
s
d) Demonstration at site
er

Right way to do a job should invariably be demonstrated to workers at the site itself. The
right way is also a safe way. Hazards due to wrong procedures, short cuts and their
adverse effects etc. should also be highlighted.
ne

5.5.2 Training/Awareness Module and Frequency

A. General Safety Training to all categories of contractor employees should be


gi

imparted before induction and annually thereafter. No person should be allowed to


enter the installation without undergoing this training. This training program should
cover:
En

i) Mandatory uses of PPE like Cotton clothes, Helmet, Safety Shoes, Full Body
Safety harness, dust masks, safety goggles, etc.

ii) Probable Hazards related to industry

iii) Job specific hazards

iv) Important Telephone No / Escape route

v) First Aid

vi) Use of Fire extinguisher

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

vii) Location of assembly points

viii) Procedure of calling fire crew in case of any emergency

ix) Wind direction

The contractor workers, if engaged in operation of the plants/facilities, should be


trained in line with Clause No. 4.6 of OISD-GDN-206 on “Safety Management
System”. For other categories of contractor workers, training modules for different
category employees are as follows:

d
B. Contractor Supervisor

Lt
Contractor Supervisor should be trained in accordance with the provision of clause
no. 5.1.1.2, 5.2.7, 5.3.10, 5.6.12 and 5.7.8 of OISD-STD-154 on 'Safety Aspects in
Functional Training'

a
C. Contractor Worker

di
Yearly training programme should be carried out for contractor worker and the
records should be maintained. The training programme should cover at least the
following:
In
i) Worker responsibility for safety of himself and work area.

ii) Associated hazards with the job and job area including electrical shock hazards.
s

iii) Importance of First Aid fire fighting equipment, their use & operations
er

iv) Communication system at the installation


ne

v) Fire / Accident Reporting procedure

vi) General Safety rules


gi

vii) Safety Measures during execution of job such as:

- Welding / Cutting / Grinding


En

- Working at height
- Confined space entry
- X ray / radiation
- Erection / Dismantling of scaffolding
- Tank construction and repairs
- Handling of chemicals etc.
- Hydrojetting
- Leak testing of pipelines and equipment (hydro and pneumatic testing)
- Grit / other methods of blasting for surface preparation blasting etc.
- Chemical cleaning & pickling
- Catalyst loading & storage
- ELCB

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

viii) Importance & use of PPE

ix) Emergency Routes

x) Assembly Points

xi) Job Specific Training

D. Consultant / Contractor

Awareness program should be carried out for demarketed Consultant / Contractor at

d
the time of induction. This program should cover at least the following:

Lt
i) Responsibility of contractor for safety of their personnel and work area

ii) Hazardous property of Petroleum products and chemical used

a
iii) Communication system

di
iv) Fire / Accident Reporting procedure

v) Medical facility available


In
vi) Statutory requirements

vii) Importance of First Aid equipment and required at the site


s
viii) Work Permit system
er

ix) Direct/ Indirect losses due to accident

x) Safety Measures while executing the jobs such as:


ne

- Welding / Cutting / Grinding


- Working at height
- Confined space entry
gi

- X ray / radiation
- Erection / Dismantling of scaffolding
- Tank construction and repairs
En

- Handling of chemicals etc.


- electrical jobs
- Hydrojetting
- Leak testing of pipelines and equipment (hydro and pneumatic testing)
- Grit / other methods of blasting for surface preparation blasting etc.
- Chemical cleaning & pickling
- Catalyst loading & storage
- ELCB

xi) Safety training needs of their supervisors and workers

xii) Importance & Use of PPE at the site

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

xiii) General Safety rules at the installation –

General points:

Workers should not be allowed to take meals or take rest inside the construction / plant
area.

E Security Personnel

Training program should be carried out for Security personnel at the time of induction and
annually thereafter and the records should be maintained. The training program should

d
cover at least the following:

Lt
i) Layout of Plant and Facilities
ii) Vulnerable locations
iii) Safety regulations (Statutory and in company)
iv) Fire Protection Facilities and Locations

a
v) Role in case of Fire / Disaster
vi) Emergency Procedure and Drills

di
vii) Industrial First Aid
viii) Use of Personnel Protective Equipment
ix) Disaster Management Plan
In
5.6 INSPECTION / AUDIT

Inspection / Audit is a tool to evaluate compliance of all safety requirements. Most of


the information could be gathered through site inspection using ready-made check
s
lists to ensure that contractors / agencies abide by the safety rules and norms while
working at operating / construction sites.
er

A checklist, while carrying out different type of jobs, should be developed based on
hazards associated with the job being performed and requirements as per OISD-GDN-
ne

192 on "Safety Practices during Construction". Typical format is enclosed at Annexure II,
which should be modified to suit the requirement of the site / job to be done.

Before starting the work and at regular intervals thereafter, Contractor’s Supervisor/safety
gi

Officer and Owner's representative / Engineer-in charge/safety Officer should inspect as


per the checklist so prepared to ensure that contractor has prepared to start the work with
all safety precaution required for safe execution of job.
En

5.7 FINANCIAL DETERRENTS FOR NON-COMPLIANCE OF SAFETY RULES/


PROCEDURES

Financial or other type of penalties like seizure of gate passes, stoppage of work for a
limited period etc. should be levied on the contractors or their workers for non-compliance
of safety rules. A provision of suitable accident severity based penalty clause for
contractor should be incorporated to ensure adherence of systems and procedures.

The financial deterrent clauses shall be included in the general terms and conditions of
the contract. The violators of the clauses shall be suitably punished. Following list shall
be taken as a guide while preparing the financial deterrent clauses but need not be
limited to these conditions only.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

A few of the usual non-compliance are as follows:

I. Working without valid work permit/ Violation of any of the conditions specified
in the permit.
II. Throwing up/down any material from height or not making proper provision to
bring down material safely from height
III. Non standard/unsafe platform/ladder, Non standard/unsafe Scaffolding

d
IV. Non-usage of PPEs like Safety helmet / Safety shoes / Safety goggles /
Welding Shield / Respiratory protection etc. by the contractor personnel

Lt
V. Non use of ELCB , using poor joints of cable, using naked wire without top
plug into the socket, laying wire/cables on the roads without sleeve.
VI. Carrying out electrical jobs by un-authorised person

a
VII. Non deployment of the licensed electricians for electrical job.

di
VIII. Unsatisfactory fencing / barricading of excavated areas, Not providing
proper shoring /strutting /proper slope and Not keeping the excavated earth
In
at least one meter away from excavated area
IX. Over speeding of vehicles, rash driving, wrong side parking & parking in front
of any fire-fighting equipment.
s
X. Riding on material handling vehicles or trolleys or hydra.
er

XI. Non-deployment of safety supervisor / supervisor responsible for safety at


work site
XII. Failure to maintain safety register and record by Contractor Safety
ne

Supervisor or Supervisor responsible for safety.


XIII. Acting in contravention to any of the provision mentioned in Factories Act
gi

1948 and/or the rules framed there under including all amendments thereto.
XIV. Failure to furnish a first information report (FIR) as per prescribed Pro-Forma
En

within 4 hours of the incident.


XV. Keep and maintain proper records of all incidents occurred at work site.
XVI. Working beyond statutory limits by contractor’s workers.
XVII. Deployment of child or adolescent labour.
XVIII. Use of untested and uncertified pressure vessel. Use of untested and
uncertified lifting tools/tackle.
XIX. Unsafe handling of compressed gas cylinders No trolley or jubilee clips or
double gauge regulator or flash back arrestor on both gas lines & both ends
or improper storage / handling or cylinders without caps when not in

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

use/damaged hoses). Keeping compressed gas cylinders in horizontal


position.
XX. Transporting metallic items below overhead lines, without isolation.
XXI. Damage to fire equipment like hydrant & monitors, fire extinguishers
including non return of fire equipment
XXII. Horseplay at work site.
XXIII. Non-provision of basic safety requirement such as 24 V lamp for working in

d
confined space, uncertified / non standard lifting tools, earth leakage
protection & earthing connections for electrical appliances as per Indian

Lt
Electricity Rules, emergency isolation switches etc.
XXIV. Keeping gas cylinders inside the confined spaces.
XXV. Non-usage of the full body safety harness and fall back arrester with life line

a
properly anchored by the workers while working at height

di
XXVI. Violation of Safety Permit conditions like Firefighting equipment.
XXVII. Non-barricading of area while rigging, digging etc.
XXVIII.
In
Working without valid work permit.
XXIX. Un-authorised road closure/blockage.
XXX. Not clearing the work site on regular basis.
s
XXXI. Leaving contractor owned leftover material at site at the time of
er

demobilization.

5.7.1 REWARDS AND RECOGNITIONS


ne

The contract employees should be suitably rewarded as per a scheme, with monetary
benefits/ prizes for timely reporting of the Near miss incidents/ Unsafe conditions/ Unsafe
Acts based on the accident potential if it could have occurred.
gi

The compliance to safety procedures by the contractors shall be evaluated annually as


per the scheme based on different leading and lagging indicators and shall be awarded
En

during the safety week celebrations.

The best safety conscious worker as recommended by the safety officers of different
contractors during short term jobs such as the turnaround maintenance activities shall be
suitably rewarded for motivating the workers to comply with safety requirements.

The best safety officer/supervisors of the contractor shall be recognized and shall be
suitably rewarded during the safety week celebrations.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

5.8 INCIDENT REPORTING AND INVESTIGATION SYSTEM

All the incidents including near-miss should be reported immediately by contractor’s


Supervisor to Contractor and owner’s Supervisor / Engineer-in-charge, who should inform
to Owner’s Safety Officer and owner’s Management. Owner’s Safety Department will be
required for onward reporting as per OISD, Statutory requirements.

All accidents regardless of the extent of injury or damage should be investigated in order
to find probable causes, lessons learnt thereof and remedial measures required to
prevent its recurrence.

d
The incident investigation should be done as per provision of clause no. 4.12 of OISD-
GDN-206 on 'Safety Management System'.

Lt
All the recommendations of investigation / Enquiry Report need to be monitored closely
for its implementation. A proper record should be maintained to ensure implementation of
all the recommendations and same should be reviewed from time to time.

a
5.9 SAFETY COMMITTEE MEETINGS

di
Following three type of safety committee meetings should be held aiming at raising the
level of safety consciousness at the site:
In
5.9.1 Toolbox meeting

To maintain awareness, update training and convey important safety and health
information, contractor supervisors should conduct tool box meetings at least weekly and
s
also prior to start of any work. All the contractor workers should attend this meeting. The
owner’s supervisor/Engineer-in-charge and safety officers should also attend these
er

meetings on random basis. Tool box meeting should be conducted more frequently
depending upon circumstances. Record of the same can be maintained in the following
typical format.
ne

TOOL BOX MEETING FORM

A Toolbox Talk is a safety meeting allowing open environment for discussion with the
gi

work force. It focuses on safety topics related to the specific job, such as workplace
hazards and safe work practices. It is aimed to refresh workers' knowledge, cover last
minute safety checks, to raise workers’ awareness of specific problems on site. Toolbox
En

Talks are also intended to facilitate health and safety discussions on the job site and
promote safety culture. It also helps to remind workers that health and safety are an
important part of the working day.

Toolbox talk should be short in duration and conducted at the job site prior to the
commencement of a new job or work shift. Toolbox Talks can be used for post-accident
communications / accident case study, re-enforcement of safe work practice and pre-task
planning etc.

Contractor supervisors should conduct tool box meetings at least weekly and also prior to
start of any work. All the contractor workers should attend this meeting. The owner’s
supervisor/Engineer-in-charge and safety officers should also attend these meetings on

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

Page 542 of 13748


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CONTRACTOR SAFETY

random basis. Tool box meeting should be conducted more frequently depending upon
circumstances.

A toolbox talk should cover following topics;

 Review of the hazards related to job being done. What safety equipment and
PPEs should be used? What procedures should be followed?

 Review and analyse recent safety violations— What was the violation? What
hazard did it create? What injury could have occurred?

d
 Review and analyse recent injuries— What happened? Why did it happen? What
should have been done?

Lt
 Ergonomics and behaviour related tips.

 Importance of PPEs and proper tool for specific jobs.

a
 Housekeeping

di
Records of such talks should be maintained. Following information should be included
when completing a Toolbox Talk Form:
In
 Names and signatures of all persons present,
 Topics discussed,
s
Any job specific training or instructions that have been given in the meeting and who
raised the issue or added to the discussion, to show that there has been active
er

consultation with all persons attending the meeting and that all parties have had a chance
to raise issues.
ne
gi
En

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

TOOL BOX TALK RECORD

DATE___________ TIME:_____________ LOCATION:___________________________


DELIVERED BY:_____________WITNESSED B Y: ________________________________
JOB DISCRIPTION:_________________________________________________________
NAME OF THE CONTRACTOR:________________________________________________

Toolbox Talk – Topics / Issues discussed

d
Lt
a
Other points or issues raised by attendees

di
In
s
NAME SIGNATURE NAME SIGNATURE
er
ne
gi

5.9.2 Site Safety Committee Meeting


En

Primary purpose of this safety committee is to enable owner, contractor and workers to
work together to monitor the site safety and health plan so as to prevent accidents and
improve working condition on site. Its size and membership will depend on the size and
nature of job.

The safety committee should include representatives of owner, consultant, contractor


identified as safety officer / supervisor. It should be headed by Engineer-in-charge.

The safety committee should have regular and frequent meetings, atleast fortnightly, to
discuss the safety and health program on site and to make suggestions for improvement.
The meetings should be documented with a time bound action plan. The functions carried
out by safety committee should include:

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

i) Review compliance of pending items of last Safety meetings. All critical items
should be identified and their compliance ensured.

ii) Consideration of the reports of safety personnel.

iii) Discussion of accident/near-miss and illness reports in order to make appropriate


recommendation for prevention.

iv) Examination/evaluation of suggestions made by workers.

d
v) Dissemination of acquired knowledge through training programs and information
sharing sessions.

Lt
vi) Discussion & review of Fire Prevention & Disaster Management Plan.

vii) To send recommendation to Apex Body for consideration / approvals.

a
5.9.3 Safety Review Meeting by Location Head

di
This meeting should be headed by the Location head and attended by Owner’s
Supervisor / Engineer-in-charge, owner’s safety Officer and all concerned department
In
heads. Prime purpose of this review is to ensure that all the recommendations of various
committees are being complied with and to take decisions on critical points raised. This
meeting should take place at least once in every quarter. All the investigation reports /
audit findings with status of implementation of recommendations should be discussed.
s
5.10 SAFETY EQUIPMENT / PERSONNEL PROTECTIVE EQUIPMENT
er

The type of safety equipment to be used is decided based on the job requirement.
Selection should be made based on OISD-GDN-192, OISD-STD-155 (Part I & II) and the
job requirement. Safety equipment / Personnel Protective Equipment (PPE) shall be of
ne

approved make. Contractor shall provide necessary training to each employee regarding
proper usage and upkeep of PPE including its limitation.

A register showing stock and issue of PPE should be maintained by the contractor at site
gi

and must be available for inspection. 10 to 20 % of PPE in excess of actual requirement


to meet contingency requirement should be maintained at site.
En

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

REFERENCES

1) OISD-GDN-206 on “Safety Management System”

2) OISD-GDN-192 on “Safety During Construction”

3) OISD-STD-155 Part (I & II) on “Personnel Protective Equipment”

4) Building & Other Construction workers (Regulation of Employment & Condition of


Service) Act 1996 & Rules thereof

d
Lt
a
di
In
s
er
ne
gi
En

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

ANNEXURE I
LIST OF SAFETY CODES FOR CIVIL WORKS PUBLISHED BY BUREAU OF
INDIAN STANDARDS

Sl.no. Code No. Title


1 IS: 818 Code of Practice for Safety and Health Requirements in Electric
and Gas Welding and Cutting Operations – First Revision.

2 IS: 875 Code of practice for Structural safety of buildings: Masonry


walls

d
3 IS: 933 Specification for Portable Chemical Fire Extinguisher, Foam

Lt
Type – Second Revision.

4 IS: 1179 Specification for Equipment for Eye and Face Protection during
Welding – First Revision

a
5 IS: 1904 Code of practice for Structural safety of buildings: Shallow
foundations

di
6 IS: 1905 Code of practice for Structural safety of buildings: Masonry
walls
In
7 IS: 1989 – Part II Leather Safety Boots and shoes for heavy metal industry

8 IS: 2171 Specification for Portable Fire Extinguishers, Dry Powder Type
s
– Second Revision
er

9 IS: 2361 Specification of Building Grips – First Revision

10 IS: 2750 Specification for Steel Scaffoldings


ne

11 IS: 2925 Specification for Industrial Safety Helmets – First Revision

12 IS: 3016 Code of Practice for Fires Precautions in Welding and Cutting
Operations – First Revision
gi

13 IS: 3521 Industrial Safety Belts and harnesses


En

14 IS: 3696 – Part I Safety Code for Scaffolds and Ladders: Part I – Scaffolds

15 IS: 3696 – Part II Safety Code for Scaffolds and Ladders: Part II – Ladders

16 IS: 3764 Safety Code for Excavation Work

17 IS: 4014 – Part I & II Code of Practice for Steel Tubular Scaffolding

18 IS: 4081 Safety Code for Blasting and Related Drilling Operations

19 IS: 4082 Recommendations on stacking and storage of construction


materials at site

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

Page 547 of 13748


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CONTRACTOR SAFETY

20 IS: 4130 Safety Code for Demolition of Buildings – First Revision

21 IS: 4138 Safety Code for working in compressed air – First Revision

22 IS: 4756 Safety Code for Tunneling works

23 IS: 4912 Safety requirements for Floor and Wall openings, Railings and
toe boards – First Revision

24 IS: 5216 – Part I & II Recommendations on safety procedures and practices in


electrical work

d
25 IS: 5121 Safety code for piling and other deep foundations

Lt
26 IS: 5916 Safety Code for Construction involving use of Hot Bituminous
materials

a
27 IS: 6994 – Part I Specifications for safety gloves: Part I – Leather and Cotton
gloves

di
28 IS: 5983 Specification for Eye Protectors – First Revision
In
29 IS: 6922 Criteria for safety and design of structures subject to
underground blasts

30 IS: 7155 Code of recommended practices for conveyor safety


s
31 IS: 7205 Safety Code for Erection on Structural Steel Works
er

32 IS: 7069 Safety Code for Handling and Storage of Building Materials

33 IS: 7293 Safety Code for Working with Construction Machinery


ne

34 IS: 7323 Guidelines for operation of Reservoirs

35 IS: 7969 Safety Code for handling and storage of building materials
gi

36 IS: 8758 Recommendation for Fire Precautionary Measures in


construction of Temporary Structures and Pandals
En

37 IS: 8989 Safety Code for Erection of Concrete Framed Structures

38 IS: 9706 Code of Practices for construction of Arial ropeways for


transportation of material

39 IS: 9759 Guidelines for de-watering during construction

40 IS: 9944 Recommendations on safe working load for natural and


manmade fibre rope slings

41 IS: 10667 Guide for selection of industrial safety equipment for protection
foot and leg

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

Page 548 of 13748


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CONTRACTOR SAFETY

42 IS: 10291 Safety Code for dress divers in civil engineering works

43 IS: 10386 – Part I Safety Code for Construction, Operation and Maintenance for
River Valley Projects

44 IS: 10386 – Part II Safety Code for Construction, Operation and Maintenance for
River Valley Projects

45 IS: 11057 Code of Practice for Industrial Safety Nets

d
46 IS: 13415 Code of Practice on safety for Protective barriers in and around
building

Lt
47 IS: 13416 Recommendations for preventive measures against hazards at
working places

a
di
Statutory Regulations
In
Latest Statutory Acts and Rules, as given below, should be referred:-

1. The Petroleum Acts 1934 and Petroleum Rules 2002


s
2. The Factory Act, 1948 (As amended by Factory Amendment Act 1987) and concerned
er

Factory Rules
3. The Water (Prevention and Control of Pollution) Act 1974 & Rules 1975
4. The Environment (Protection) Act 1986 and rules thereunder
ne

5. The Manufacturing, Storage and Import of Hazardous Rules 1989


6. The Hazardous Wastes Management (Management & Handling) Rules 1989
gi

7. The Indian Electricity Act 1901 and Rules 1956


8. The Indian Explosive Acts, 1884 & The Indian Explosive Rules 1983
En

9. The Gas Cylinder Rules 1981and the static & Mobile Pressure Vessels (Unfired) Rules 1981
10. The Indian Boiler Act 1923 and Regulations 1950
11. The Public Liability Act 1991 as amended in 1992
12. The Motor Vehicle act 1988 and Central Motor Vehicle rules 1989
13. Building & Other Construction workers (Regulation of Employment & Condition of Service)
Act 1996

In addition to above, various other statutory acts like EPF, ESIS, Minimum wage act and other
local statutory requirements shall also be complied with.

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

ANNEXURE II
CHECK LIST FOR SAFETY INSPECTION / AUDIT

Job ___________ Location _______________ Date of Audit______Frequency _____________

Inspected by __________________ Contractor (s) __________________________

Sl.no. ITEM YES NO NA REMARKS /


ACTION

d
1.0 PERSONNEL PROTECTIVE EQUIPMENT (PPE):
Are following PPEs being used as per the job requirements?

Lt
A. Minimum mandatory PPEs

A1 Safety Helmets (with chin strap)

a
A2 Safety Shoes

di
A3 Safety Goggles In
A4 Safety hand gloves

B. Job specific PPEs


Whether need of specialised safety PPE
s
identified and documented?
B1 Full body safety harness with double
er

lanyard

B2 Fall arrester
ne

B3 Ear Plug / Ear Muff

B4 Gum Boots
gi

B5 Face shield

B6 Shot/Grit/Slag blasting hood


En

B7 Breathing Apparatus

B8 Gas Filter Mask / Dust Mask

B9 Hand Gloves (Chemical/ Welding/


Electrical/ anti-vibration/ High
temperature/ cold burn etc.)

B10 Boiler Suit / Fire-retardant suit / Electrical


flash fire retardant suit /High pressure
water cleaning (Hydrojetting-Turtle) suit /

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

Chemical suit / Low temperature suit etc.

B11 Others

C. Whether workers are trained / briefed to


use the PPEs?
D. Whether system of checking the quality /
quantity of PPEs provided by contractor
exists and in practice?
E. Whether as per contract the contractor is
obliged to arrange the required PPEs to

d
its workmen and the same is being
complied with ?

Lt
2.0 HOUSE KEEPING

2.1 Whether Standards of housekeeping are


defined in contract and housekeeping is

a
being maintained accordingly?
2.2 Whether areas are identified and marked

di
for stacking of material like scrap, pipes,
plates, cement, sand, loose excavated
material etc.?
2.3 Whether surplus excavated material,
In
debris and scrap material is being
removed and disposed on regular basis
as per contract?
s
2.4 Whether path ways, roads, stairs etc. in
the vicinity of work place are maintained
er

free from obstructions?


2.5 Whether appropriate actions are taken to
avoid the slippery area due to water
logging / oil spillage?
ne

2.6 Whether system for collecting and


disposal of small size scraps like welding
buds, small size metal pieces, insulation
material in place.
gi

2.7 Whether area is maintained free from


vegetation, garbage etc. and the work
place is kept clean and free of any
En

hazard?
2.8 Others

3.0 EXCAVATION

3.1 Whether detailed plan of excavation


including soil stability is made and
approved by competent authority?

3.2 Whether excavation hot work permit is


taken?

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

3.3 Whether the workplace is thoroughly


inspected before issuance of work permit,
as stipulated in OISD-STD-105?
3.4 Whether special conditions mentioned in
the permit are clearly explained to the
supervisor and in turn to the contractor
workers and documented?
3.5 Whether proper shoring for the excavation
is provided to prevent cave-in for side of
slope more than the safe angle of repose
(generally around 45 degrees) of the soil

d
being excavated?

Lt
3.6 Whether proper precautions have been
taken if the excavation is adjoining to
heavy structure like building, street and
roadways?

a
3.7 While excavating whether proper slope

di
0
usually 45 & suitable benches of 0.5 m
width at each 1.5 m depth are provided? In
3.8 Whether barricading of 1m height with
glowing caution board is provided for
excavation beyond 1.5m depth?
s
3.9 Whether excavating earth is placed
beyond 1m or depth of the excavation
er

whichever is more, from the edge of the


trench?

3.10 Whether heavy vehicle movement is


ne

restricted to come too close (minimum 2


M from the edge of excavation) to the
excavating area?
gi

3.11 Whether adequately anchored stop blocks


and barriers are provided to prevent
vehicles being driven into the excavation?
En

Heavy vehicles should not be allowed


near the excavation unless the support
work has been specially designed to
permit it.
3.12 Whether necessary precaution is taken
for underground pipes, sewers, cables by
contractors?

3.13 Whether extra precaution is taken for


bailing out water properly while
excavating?

3.14 During rains whether the excavation is

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

done with extra precaution to prevent


caving in?

3.15 Whether two separate entry/ exit points


with necessary ladders / steps, as per
requirement, have been provided?

3.16 Whether required no. of persons are


available (as per OISD-STD-105) at all
the time to communicate any hazards
noticed with workers working in deep

d
trenches or excavation?

Lt
3.17 Whether necessary precautions like
regular gas testing are being taken in
areas having hydrocarbons and toxic
gases so that no gas accumulation takes

a
place in the trenches.

di
3.18 Whether IS: 4081-1986 & Indian
Explosive act & rules for storage, handling
& carrying of explosive material and
execution of blasting operation is
In
followed?

3.19 Whether in case of mechanised


s
excavation, caution board is provided for
do’s and don’ts like ‘Nobody to enter’
er

within one meter of the extreme reach?

3.20 Whether the following observations are


being documented during excavation
ne

work and corrective actions taken :-


a) Boulder formation encountered
b) Collapsing / development of cracks of
sides
gi

c) Marked damage to support


d) Unexpected fall of ground
e) Inspection of site after each blast.
En

f) Water logging
g) Unexpected utility/cabling

3.21 Others

4.0 PERMITS

4.1 Whether valid work permit is issued in


compliance to OISD-STD-105 to start any
work?

4.2 Whether before issuing the permit, JSA


carried out and mitigation measures made

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

part of work permit?

4.3 Whether personnel working at site were


given tool box talk about the hazards and
emergency procedure with important do’s
and don’ts and record maintained?

4.4 Whether all conditions of the permit are


fulfilled before starting the job?

4.5 As noted in the permit, whether

d
compliance of all the recommendations
are ensured during entire duration of the

Lt
job?

4.6 Whether permits are available at work site


all the times?

a
4.7 Whether hot work permit registered in fire

di
station / designated safety officer?

4.8 Whether permits are being closed after


the completion of job?
In
4.9 Others
s
5.0 SAFETY IN CUTTING / WELDING/GRINDING
er

5.1 Whether LPG / Oxygen / Acetylene/ Gas


cylinders are kept outside only while
working in confined space?
ne

5.2 Are Acetylene/ O2 / LPG cylinders kept in


upright position with required valve cap
and secured at designated places under
shed – wet fire retardant clothes gunny
gi

bags wrapped around it if the same is


under sun at designated place?
En

5.3 Check cylinder and cylinder valves for


approved quality & any kind of damage?

5.4 Whether protective valve s caps are kept


on cylinders while not in use?

5.5 Whether proper means and method for


transportation of cylinders to avoid
dropping and rolling are being adopted /
followed?

5.6 Whether gas cylinders, regulators are

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

kept away from combustible materials and


/ free from oil and grease?

5.7 Whether all hoses are of approved quality


and found to be free of any damage or
crack?

5.8 Whether oxygen and acetylene cylinders


are stored separately at a distance of at
least 5 feet from each other and kept
under shade as per Gas Cylinder rules

d
2002?

Lt
5.9 Whether gas cylinders are kept at safe
location particularly in case job is being
done at different elevations while in use?
5.10 Whether color coding is being used for

a
easy identification of different type of
cylinders and hoses?

di
5.11 Whether cylinder keys are available near
the cylinder?
In
5.12 Whether gas torches with flash back
arrestors of approved make are only
being used?
s
5.13 Whether pressure gauges are in working
er

condition and checked from time to time?

5.14 Whether welding shields are used while


welding?
ne

5.15 Whether proper earthing for welding


machines are provided?
gi

5.16 Whether power is taken from approved


sources (welding receptacles)?
En

5.17 Whether welding receptacles are properly


grounded?

5.18 Whether welding cables are maintained in


good condition and without any joints/
cuts?

5.19 Whether to avoid short circuit, welding


machines are protected against rain?

5.20 Whether earth connectors are securely


connected to the job and not to the

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

adjoining pipeline or structure?

5.21 Whether flame arrestor of DG set is of


approved make and quality?

5.22 Whether 30mA rating ELCB is provided


on power supply.

5.23 Whether separate power supply


arrangement is provided for portable
oven?

d
5.24 Others

Lt
6.0 ABRASIVE (SHOT/GRIT/SLAG) BLASTING

6.1 Whether abrasive blasting is used only


after getting approval from competent

a
authority / work permit?

di
6.2 Whether air compressor used for abrasive
blasting are positioned away from work
place?
In
6.3 Whether exhaust of the prime mover is
directed away from the work place?
s
6.4 Whether in case of motor driven
compressor, the body of the motor as well
er

as the compressor is properly earthed?

6.5 Whether line operator of abrasive blasting


wear suitable PPEs including mask?
ne

6.6 Whether adequate measures are adopted


to confine dust / flying particles?
gi

6.7 Whether adequate measures are taken


for proper ventilation while the work is
done in confined space?
En

6.8 Whether the Air receiver vessel of the


compressor is pressure tested.
6.9 Others

7.0 SAFETY WHILE WORKING AT HEIGHTS / SCAFFOLDING / LADDERS

7.1 Whether work permit is obtained to take


up work at height above 2.2 meters?

7.2 Whether steel pipes scaffoldings are used


in unit/off site areas?

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

7.3 Whether provision for suitable platform


with all scaffoldings are made? Whether
its construction is as per specification with
toe board and railing?

7.4 Whether the area below working at height


is cordoned?

7.5 Whether ISI approved quality and good


condition full body safety harness with

d
shock absorber are used while working at
heights?

Lt
7.6 Whether life line of full body safety
harness with shock absorber is anchored
to an independent secured support

a
capable of withstanding load of a falling
person?

di
7.7 Whether the area around the scaffold is
cordoned off to prohibit the entry of
unauthorized person?
In
7.8 Whether lifeline ropes used are of good
condition and adequate strength free of
s
defects?
er

7.9 Whether ladder is placed at secured and


leveled surface?

7.10 Whether it is extended 1.0 Meters above


ne

the landing point?


7.11 Whether ladder used are of adequate
length and tying short ladder is avoided?
gi

7.12 Whether metallic ladders are placed away


from electrical system?
En

7.13 Whether tools or materials are removed


after completion of the day’s job at
heights?

7.14 Whether a valid permit is obtained before


taking up work on asbestos or fragile
roof?

7.15 Whether sufficient precaution like roof


ladders, nets, lifeline, full body harness,
etc. is taken while working on fragile roof?

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

7.16 Whether provision is made to arrange


duck ladder, crawling board for working at
fragile roof?

7.17 Whether scaffolding has been erected on


rigid / firm / leveled surfaces only?

7.18 Whether scaffold has been inspected by


competent person & tagged accordingly
prior to being put in use?

d
7.19 Whether the scaffolding has been
designed for the load to be borne?

Lt
7.20 Whether the erection and dismantling of
the scaffolding is being done only by
trained persons and under competent

a
supervision?

di
7.21 Whether safety net with proper working
arrangement and life line has been
provided?
In
7.22 Others

8.0 SAFETY IN CONFINED SPACE


s
8.1 Whether positive isolation is done as per
er

approved blind list and crossed checked


by competent person?
8.2 Whether a permit is obtained to enter a
confined space?
ne

8.3 Whether gas test for hydrocarbon, toxic


gas, oxygen level is checked for
acceptable limits before entering any
gi

confined space and recorded?

If levels are beyond permissible limit,


En

whether required PPE like BA, Gas Mask


are used.

8.4 Whether adequate oxygen level is


ensured in confined space before
entering? If not, whether all precaution
like using of Breathing Apparatus set is
ensured?

8.5 In case of chance of ingress of


hydrocarbon gases / toxic gases, whether
Personnel Monitoring System (PMS) is
used ?

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

8.6 Whether only in presence of a supervisor,


worker enters in confined space?

8.7 Whether provision of sufficient means of


entry and exit is available?

8.8 Whether provision of ventilation to remove


welding fumes, dust, exhaust gases are
made?

d
8.9 Whether provision of 24V (Hand lamps
with cage as per OISD-STD-155) light for

Lt
working inside space is made?

8.10 Is it strictly ensured that stand-by trained


persons (2 nos.) are standing outside

a
before a person enters a confined space
and communication is being maintained

di
all the time with workers working inside?

8.11 Whether life belt with one end under


control of stand-by person outside is kept
In
while working in confined space?

8.12 Whether Personnel protective Equipment


s
as specified in the permit are in good
condition?
er

8.13 Whether boxing up is done only as per


the approved procedures and under the
supervision of competent persons?
ne

8.14 Whether all the safety precautions listed


in OISD-GDN-192 are taken while
working in sewers, OWS etc.?
gi

8.15 Whether proper house keeping is being


maintained inside the confined space?
En

8.16 Whether training has been provided to


workers working in the confined space
and the workers only of sound health are
being asked to work in the confined
space?
8.17 Others

9.0 SAFETY IN MATERIAL HANDLING

9.1 Whether all lifting tools, tackles,


machines, chains, ropes etc. are of sound
construction, made of sound material and

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

maintained in good condition?

9.2 Whether lifting tools & tackles are tested


as per norms and safe working load, date
of testing visibly marked/painted on the
equipment?

9.3 Whether lifting tools, tackles are of


adequate strength for the load to be
handled?

d
9.4 Whether all parts including the working
gears fixed or movable of every lifting

Lt
machine, chain, rope, tackles specify the
following condition:

a) Thoroughly examined by competent

a
person at least once a year or such
interval as required by statutory

di
authority.

b) Document of such examination are


maintained and produced to owner
In
supervisor before use of particular
equipment?
s
9.5 Whether chain blocks and cables are
inspected before each use to assure their
er

sound condition?

9.6 Whether hoist and lift, if used are:


ne

a) Properly maintained and thoroughly


examined by competent authority at
least once in every year.
gi

b) A register to be maintained to record


particulars of such examination in
prescribed forms and shall be
En

produced to the owner supervisor


before use.

9.7 Whether area below the movement of


boom of crane is cleared to avoid injury
from falling objects?

9.8 In crane handling area whether it is


ensured that crew of truck, leave the truck
before starting loading / unloading?

9.9 Whether transporting material from one


place to another is done by suitable

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

means?

9.10 Whether carrier with sufficient capacity


without projecting parts is used for
transporting materials?

9.11 Whether riggers engaged are well trained


and conversant with signaling procedures
including night signaling if required?

9.12 Whether permission of authorized person

d
is obtained before working on or near an
overhead crane?

Lt
9.13 Whether trained riggers are available all
the time along with crane?

a
9.14 Whether barricading has been done to
ensure no unauthorised person enters in

di
the working area of the crane?

9.15 Whether lifting (rigging) plan has been


prepared and approved before start of the
In
work?

9.16 Whether route of crane movement has


s
been planned before the crane moves out
of the garage?
er

9.17 Whether it has been ensured that no


electrical cable comes within 3 meters or
safe distance from the boom of the
ne

crane?

9.18 Whether boom is being kept in the


horizontal position or locked while idling?
gi

9.19 Whether material is being stacked /


destacked in trucks with the help of
En

wedges to ensure no slippage while


loading / unloading takes place?

9.20 Whether the forklift / crane is being


operated only by trained / authorized
person?

9.21 Others

10.0 ELECTRICAL SAFETY

10.1 Has the Electrical Line Clearance

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

procedure been followed involving


electrical and other concerned Dept. and
filling of formats?

Whether the “LOTO” system is defined


properly and all personnel are aware with
the procedure?
Whether “LOTO” system is being used in
all electrical isolation jobs, by all
departments?
10.2 Have Danger Signs with Voltage rating/

d
Men at work signboards been displayed
at both Sub Station as well as the work

Lt
site?

10.3 Has the contractor worker understood the


electrical circuit on which he is going to

a
work with probable electrical hazards and
mitigation measures to be adopted?

di
10.4 Whether contractor has engaged
electrician (s) having valid electrical
license in line with provisions in Indian
In
Electricity Rules?

10.5 Have all checks prior to switching


s
operation been carried out and
authorisation of owner/ user section
er

obtained subsequently?

10.6 Have all earthing links on electrical


conductors removed before charging the
ne

line/ apparatus?

10.7 Are PPE as prescribed under Indian


Electricity Rules available, kept healthy
gi

and being used?

10.8 Are earthing and bonding arrangement of


En

non-current carrying metallic parts in line


with provisions of Indian Electricity Rules
– 1956 amended time to time as IS:
3043?

10.9 Have electrical part of OISD-GDN-192


and Clause No. 9.0 for Temporary
installations in OISD-STD-173 been
understood and followed wherever
applicable?

10.10 Are flexible wires having voltage of 240


volts above earth potential taken through

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

PVC conduits?

10.11 Whether portable hand lamps with a


voltage rating of not more than 24 volts
used with flameproof enclosures in
confined spaces within columns, vessels
etc?

10.12 Have the Switches, MCBs, fuses etc.


been inspected for proper ratings?

d
10.13 Has Earth Leakage Circuit Breaker
(ELCB) been used on the incoming side

Lt
to protect against leakage of current? Is
the device tested every time the work is
started?

a
10.14 Whether all portable appliances are
provided with insulated Three pin plugs

di
and socket arrangement?

10.15 Whether industrial type extension boards


and plug sockets are used?
In
10.16 Has the electrical equipment brought to
site by contractor been inspected by
s
owner’s supervisor/ safety officer for
damage/cuts/abrasion etc? Is record of
er

Insulation Resistance, wherever required


being kept?
10.17 Have standard practices for termination of
conductors/ cables been followed (e.g.
ne

use of proper lugs, crimping tool, cable


glands etc)? Is cable armour in continuity
from feeding point to load?
gi

10.18 Are the Contractor supervisor and


workmen well acquainted with first aid for
electrical shock?
En

10.19 Are the wires/ cables identifiable along


their route towards the load by using
colour coding and/or markers?

10.20 Others
11.0 ROAD WORK

11.1 Whether site is barricaded and provided


with warning signs including night warning
lamps/ self glowing markers at
appropriate location for diversion of
traffic?

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

11.2 Whether mixing aggregates with bitumen


is done with the help of batch mixing
plants? If no, whether adequate
precautions have been taken?

11.3 Whether road rollers, bitumen sprayers,


pavement finishers are driven by
experienced drivers with valid driving
licenses?

d
11.4 Whether the worker handling hot bitumen
sprayers or spreading bitumen aggregate

Lt
mix or mixing bitumen with aggregate are
provided with PVC hood, hand gloves
rubber shoes (gum boot) with pegging
upto knee joints?

a
11.5 Others

di
12.0 FORM WORK, REINFORCEMENT In
12.1 Whether form work, shuttering, shoring
etc. are adequately designed and
provided to erect the structure and to
support the expected load?
s
12.2 Whether staging (support) for shuttering is
er

designed for loads like worker movement,


impact load and other incidental loads
during construction?
ne

12.3 Whether workers use PPEs at work site


like safety shoes, gloves, helmet with chin
strap, goggles and dust masks etc.?
12.4 Whether all safety procedures are
gi

adopted while cutting rod?

12.5 Whether proper staging and bundling is


En

provided for supplying rods at height?

12.6 Whether sufficient cross bracings are


provided for high staging works as per
design requirement?

12.7 Others

13.0 CONCRETING

13.1 Whether the concreting area is


barricaded?

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

13.2 Whether vibrator hoses, pumping


concrete accessories are in healthy
condition and mechanically strong?

13.3 Whether it is ensured that no pipe line in


concrete pumping system is attached to
any temporary strut such as scaffolds
etc.?

13.4 Whether it is checked that safety guards

d
around moving parts are provided in
concrete mixer/ machines?

Lt
13.5 Whether earthing of electrical mixers,
vibrator etc. are provided?

a
13.6 Whether entry of unauthorised person in
the concreting area is restricted?

di
13.7 Whether adequate lighting arrangement is
made in the concreting area if working
during night?
In
13.8 Whether PPEs like gum boots, gloves,
helmet with chin strap, goggles and dust
s
masks etc. are being used?
er

13.9 For overhead or underground work,


whether form work and shuttering have
been checked with respect to design?
ne

13.10 Whether boom placers are properly


secured?
13.11 Others
gi

14.0 DEMOLISHING (DEMOLISHING BY BLAST NOT CONSIDERED)

14.1 Whether an initial survey carried out to


En

identify any structural problems and risks


associated with flammable substances
and substances hazardous to health?
14.2 Whether sequence of demolition is
formulated and approved by competent
person after the survey and recorded in a
method statement having taken all the
various considerations into account and
identifying the problems and their
solutions?
14.3 Are non-sparking tools being used, if
required?

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

14.4 Is intermittent clearing operation being


done to keep the area reasonably tidy and
clean?

14.5 Whether effective barricading has been


provided?

14.6 Whether Electrical and other facilities like


water, oil, gas pipelines, etc. have been
isolated / protected?

d
14.7 Whether required PPEs like helmet with

Lt
chin strap, goggles, ear plug/muff, hand
gloves, safety shoes, dust mask, etc.
used?
14.8 Others

a
di
15.0 RADIOGRAPHY

15.1 Are safety precautions for handling of


source as per guidelines of BARC being
In
followed?

15.2 Is the potency of the source being used


s
within acceptable limits as per the BARC
regulations?
er

15.3 Is the area being cordoned with proper


signs during radiography as per
guidelines of BARC?
ne

15.4 Does proper place exist as per BARC


regulations for storage of source /
Personnel safety equipment?
gi

15.5 Does the radiographer have valid


certificate of radiography from competent
En

authority (BARC)?

15.6 Is radiographer using Exposure Meter /


Dosi Meter?

15.7 Whether minimum occupancy of the


premises / workplace is being ensured
while radiography is in progress?

15.8 Is permit system being followed?

15.9 Whether Radiation Safety Officer is

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

available at site?
15.10 Others

16.0 ADDITIONAL SAFETY PRECAUTION FOR UNITS WITH HYDROCARBONS

16.1 Are jobs being carried out with a valid


work permit only as per OISD-STD-105
"Work Permit System".

16.2 Is smoking prohibited in all places


containing combustible or flammable

d
materials and "No Smoking" notices
prominently displayed?

Lt
16.3
Are only approved type electrical
installations and equipment, including
portable lamps, being used?

a
16.4 Are oily rags, waste, wooden materials

di
and clothes or other substances liable to
spontaneous ignition being removed?
In
16.5 Are the combustible materials properly
shielded in case same cannot be
removed from the area?
s
16.6 Has welding screens (like metal/ fire
retardant cloth/ water curtain) been put up
er

to protect other equipment / facilities/


OWS cement ceiling/ drains in adjoining
areas against flying sparks, as may be
ne

required?

16.7 Is Gas-testing being done with the means


of a calibrated Gas detection Meter prior
gi

to start of Hot work and being done


subsequently at regular intervals as per
the requirement and recorded?
En

16.8 Are regular inspections being done of


places where there are fire risks like in the
vicinity of heating appliances, electrical
installations and conductors, stores of
flammable and combustible materials,
welding and cutting operations?

16.9 Are fire-extinguishing equipment being


placed at strategic locations and are kept
well maintained and inspected at suitable
intervals by a competent person?

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

16.10 Are accesses to fire - extinguishing


equipment such as hydrants, portable
extinguishers and connections for hoses
kept clear at all times?

16.11 Are all supervisors and a sufficient


number of workers trained in the use of
fire-extinguishing equipment?

16.12 Are audio means, to give warning in case


of fire provided, audible in all parts of the

d
site where persons are liable to work?

Lt
16.13 Is there an effective evacuation plan in
place so that all persons are evacuated
speedily without panic?

a
16.14 Others

di
17.0 EMERGENCY PROCEDURES

17.1 Is signaling / siren system effective?


In
17.2 Is arrangement for rescuing affected
person adequate?
s
17.3 Are signs showing emergency exit route
installed?
er

17.4 Is emergency exit route clear of


obstacles?
ne

17.5 Is communication system adequate?

17.6 Whether emergency vehicle with driver


has been provided to meet any
gi

emergency situation?

17.7 Does any tie-up with hospitals or local


En

doctors exist?

17.8 Has the assembly point for workers in


case of emergency been identified and
earmarked?

17.9 Has training been provided to a few


workers for First Aid?

17.10 Emergency procedure and telephone


numbers are known to all and same are
prominently displayed at site? (Sample

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

compliance check)

17.11 Whether emergency mock drills are being


regularly done?
17.12 Others

18.0 WELFARE FACILITIES

18.1 Are hygienic conditions prevailing at


labour camps?

d
18.2 Are First Aid facilities available?

Lt
18.3 Does proper sanitation exist at site office
and labour camps?

18.4 Does any arrangement of medical

a
facilities like tie ups with nearby hospital
exist?

di
18.5 Is proper drinking water facility available
for workmen & staff?
In
18.6 Are crèches provided for children (if
applicable)?
s
18.7 Is any proper place/canteen/restroom
provided for eating food and taking rest?
er

18.8 Is any place earmarked for storing /


keeping clothing?
ne

18.9 Is adequate washing facility available?

18.10 Does proper ventilation at working place


exist?
gi

18.11 Others
En

19.0 GENERAL

19.1 Are illumination levels at workplace and


passages adequate?

19.2 Is communication system adequate?

19.3 Are display and caution boards provided


at strategic locations?

19.4 Are road barriers being used for blocking


any roads/passage?

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

19.5 Has the structure been adequately


secured against storm/high winds during
construction/ erection?

19.6 Are the equipment properly earthed?

19.7 Are vehicles being checked like brakes,


oil, lights etc. on regular basis?

19.8 Is compressed air being used only for its

d
intended purpose and not for any other
purpose?

Lt
19.9 Are only proper clothes and not loose
clothes being used while working around
machinery?

a
19.10 Are nails or other sharp objects being

di
removed or bent?

19.11 Are machine guards over moving parts of


machinery such as coupling, pulley, wheel
In
etc. installed?

19.12 Whether after maintenance of machinery


s
the guards are securely fitted before
putting into operation?
er

19.13 Are working platforms / gangways


provided with hand rails & toe guards?
ne

19.14 Are swing platforms provided with chains


& secured adequately when not in use?
gi

19.15 Are the approaches to work sites being


maintained & kept clear of obstacles?
En

19.16 Whether engines of equipment entering


into the operating area have exhaust and
muffler system with approved spark
arrestor?

19.17 Whether vehicles/engine driven


equipment, electrical equipment and tools
used are certified?

19.18 Whether contractors inform his workers


about hazards and safe procedures?

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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CONTRACTOR SAFETY

19.19 Whether sufficient care is taken so that


spark do not go outside working
enclosure & falls below?

19.20 Whether contractor’s qualified / trained


supervisor is present?

19.21 Whether all exhausts of engines are


provided with approved type of flame
arrestors and exhaust is not facing toward
the place where the workers are working?

d
19.22 Others

Lt
a
Signature of the Auditor

di
In
s
er
ne
gi
En

“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”

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B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – XV TO SCC
HRRL Page 1 of 6

CONTRACTOR’s LABOUR REGULATIONS


[ANNEXURE- XV TO SPECIAL CONDITIONS OF CONTRACT]

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CONTRACTOR’S LABOUR REGULATIONS

1. These regulations may be called Model Contractors Labour Regulations.


2. Definition : In these regulations, unless otherwise expressed or indicated, the following words and
expressions shall have the meaning hereby assigned to them :
(a) "Labour" means workers employed by a CONTRACTOR, directly or indirectly through a sub-
contractor, or by an agent on his behalf to do any skilled, semi-skilled or unskilled manual,
supervisory, technical or clerical work.
(b) "Fair Wage" means wages, which shall include wages for weekly day of rest and other
allowances, whether for time or piece work, after taking into consideration prevailing
market rates for similar employments in the neighborhood but shall not be less than the
minimum rates of wages fixed under the payment of Minimum Wages Act.
(c) "Wages" shall have the same meaning as defined in the Payment of Wages Act.
(d) "CONTRACTOR" for the purpose of these regulations shall include an agent or subcontractor
employing labour on the work taken on the contract.
(e) "Inspecting Officer" means any Labour Enforcement Officer or Assistant Labour
Commissioner of the Chief Labour Commissioner's Organisation.
(f) "Prescribed" means prescribed under the Contract Labour (Regulation and Abolition) Act,
1970 and Rules framed thereunder.
3. Notice of commencement : The CONTRACTOR, shall within SEVEN days of commencement of the
work, furnish in writing, to Inspecting Officer of the area concerned the following information:
(a) Name and Situation of the work
(b) CONTRACTOR's name and address.
(c) Particulars of the Department for which the work is undertaken.
(d) Name and address of sub-contractors as and when they are appointed.
(e) Commencement and probable duration of the work.
(f) Number of workers employed and likely to be employed.
(g) "Fair wages" for different categories of workers.
(i) Number of hours of work to constitute a normal working day: The number of hours
which shall constitute a normal working day for an adult shall be NINE hours. The
working day of an adult worker shall be so arranged that it is inclusive of intervals, if
any, for rest, it shall not spread over more than twelve hours on any day. When a
worker is made to work for more than NINE hours on any day or for more than FORTY
EIGHT hours in a week, he shall, in respect of overtime work, be paid wages at double
the ordinary rate of wages.
(ii) Weekly day of rest: Every worker shall be given a weekly day of rest which shall
normally be a Sunday unless otherwise fixed and notified at least TEN days in
advance. A worker shall not be required or allowed to work on the weekly rest day
unless he has or will have a substituted rest day, on one of the five days immediately
before or after the rest day, provided that no substitution shall be made which will
result in the worker working for more than ten days consecutively without a rest day
for a whole day.
4. Where, in accordance with the foregoing provisions, a worker works on the rest day and has been
given a substituted rest day, he shall be paid wages for the work done on the weekly rest day at
the overtime rate of wages.

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(NOTE: The expression "ordinary rate of wages" means the fair wage the worker is entitled to.)

5. Display of notice regarding Wages, Weekly Day of Rest etc. : The CONTRACTOR shall, before the
commencement of his work on the Contract, display and correctly maintain and continue to
display and correctly maintain in a clean and legible condition in conspicuous places on the works,
notice in English and in the local Indian language, spoken by majority of workers, giving the rate of
fair wages, the hours of work for which such wages are payable, the weekly rest days workers are
entitled to and name and address of the Inspecting Officer. The CONTRACTOR shall send a copy
each of such notices to the Inspecting Officers.

6.1 Fixation of Wage Periods: The CONTRACTOR shall fix wage periods in respect of which wages shall
be payable. No wage period shall normally exceed one month.

6.2 Payment of wages:


(i) Wages due to every worker shall be paid to him direct. All wages shall be paid in current
coins or currency or in both. The wages shall be paid without deductions of any kind except
those specified by Central Government by General Order or Special Order in this behalf or
permissible under the Payment of Wages Act.
(ii) Wages of every worker employed as contract labour in an establishment or by
CONTRACTOR are less than one thousand, such workers shall be paid within SEVEN days
from the end of the Wage period; and before the expiry of the 10th day from the end of the
wage period accordingly as the number of workers exceed 1,000.
(iii) When employment of any worker is terminated by or on behalf of the CONTRACTOR, the
wages earned by him shall be paid before expiry of the second working day from the date
on which his employment is terminated.
(iv) All payment of wages shall be made at the work site on a working day except when the
work is completed before expiry of the wage period, in which case final payment shall be
made at the work site within 48 hours of the last working day and during normal time.

(NOTE: The term "working day" means a day on which labour is employed, and the work is
in progress)

7. Register for Workmen: A register of workmen shall be maintained in the prescribed form and
kept at the work site or as near to it as possible, and the relevant particulars of every workmen
shall be entered therein within THREE days of his employment.
8. Employment Card: The CONTRACTOR shall issue an employment card in the Form appended to
these regulations to each worker on the day of work or entry into his employment. If a worker
already has any such card with him issued by the previous employer, the CONTRACTOR shall
merely endorse that Employment Card with relevant entries. The CONTRACTOR may,
alternatively, issue an attendance-cum-wage slip to each worker in the form appended. This card
shall be valid for a wage period. The CONTRACTOR shall mark attendance on the cards twice each
day and again after the rest interval, before he actually starts the work. On termination of
employment, the Employment Card shall again be endorsed by the CONTRACTOR, service
certificate issued and returned to the Worker.
9. Register of Wages etc.:
(i) A register of Wages-cum-Muster Roll in the prescribed Form shall be maintained and kept
at the work site or as near to it as possible.

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(ii) A wage slip in the prescribed Form shall be issued to every worker employed by the
CONTRACTOR at least a day prior to disbursement of wages.
10. Fines and deductions which may be made from Wages:
(i) Wages of a worker shall be paid to him without any deduction of any kind except the
following:
(a) Fines ;
(b) Deduction for absence from duty, i.e. from the place of his employment he is
required to work. The amount of deductions shall be in proportion to the period for
which he was absent;
(c) Deduction for damage to or loss of goods expressly entrusted to the employed
person for custody, or for loss of money which he is required to account for, where
such damage or loss is directly attributable to his neglect or default ;
(d) Deductions for recovery of advances or for adjustment of overpayment of wages.
Advance granted shall be entered in a register ; and
(e) Any other deduction which the Corporation may from time to time allow.
(ii) No fines shall be imposed on any worker say in respect of such acts and omissions on his
part as have been approved by the Chief Labour Commissioner or Competent Authority.
(iii) No fine shall be imposed on a worker and no deductions for damage or loss shall be made
from his wages until the worker has been given an opportunity of showing cause against
such fines or deductions.
(iv) The total amount of fines which may be imposed in any one wage period on a worker shall
not exceed an amount equal to three paise in a rupee of the wages payable to him in
respect of that wage period.
(v) No fine imposed on a worker shall be recovered from him in installments, or after expiry of
sixty days from the date on which it was imposed. Every fine shall be deemed to have been
imposed on the day of the act or commission in respect of which it was imposed.
(vi) The CONTRACTOR shall maintain both in English and the local Indian language, a list
approved by the Chief Labour Commissioner or Competent Authority clearly stating the acts
and commissions for which penalty or fine may be imposed on a workman and display it in
good condition in a conspicuous place on the work site.
(vii) The CONTRACTOR shall maintain a register of fines and the register of deductions for
damage or loss in the prescribed Forms which should be kept at the place of work.
(viii) The CONTRACTOR shall display in a conspicuous place of work the list of acts and omissions
for which the fines can be imposed. They are as under :
a. Willful insubordination or disobedience, whether alone or in combination with other.
b. Theft, fraud or dishonest in connection with the CONTRACTORs beside a business or
property of Corporation.
c. Taking or giving bribes or any illegal gratification.
d. Habitual late attendance.
e. Drunkenness, fighting, riotous or disorderly or indifferent behaviour.
f. Habitual negligence.
g. Smoking near or around the area where combustible or other materials are locked.
h. Habitual indiscipline

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i. Causing damage to work in the progress or to property of the Corporation or of the


CONTRACTOR.
j. Sleeping on duty.
k. Malingering or slowing down work.
l. Giving of false information regarding name, age, father's name etc.
m. Habitual loss of wage cards supplied by the employers.
n. Unauthorised use of employer's property of manufacture or making of unauthorised
articles at the work place.
o. Bad workmanship in construction and maintenance by skilled workers which is not
approved by the Corporation and for which the CONTRACTOR is compelled to
undertake rectification.
p. Making false complaints and/or misleading statements.
q. Engaging trade within the premises of the establishments.
r.Any unauthorised divulgence of business affairs of the employers.
s. Collection or canvassing for the collection of money within the premises of an
establishment unless authorised by the employer.
t. Holding meeting inside the premises without previous sanction of the employers.
u. Threatening or intimidating any workmen or employer during the working hours
within the premises.
v. Non-observance of Safety norms/practices applicable to the Worksite.
11. Register of Accidents : The CONTRACTOR shall maintain a register of accidents in such form as
may be convenient at the work place but the same shall include the following particulars :
(a) Full particulars of the labourers who met with accident.
(b) Rate of wages.
(c) Sex
(d) Age
(e) Nature of accident and cause of accident
(f) Time and date of accident
(g) Date and time when admitted in hospital
(h) Date of discharge from the hospital
(i) Period of treatment and result of treatment
(j) Percentage of loss of earning capacity and disability as assessed by Medical Officer.
(k) Claim required to be paid under Workmen's Compensation Act.
(l) Date of payment of compensation
(m) Amount paid with details of the person to whom the same was paid.
(n) Authority by whom the compensation was assessed
(o) Remarks
12. Preservation of Registers: The Register of Workmen and the Register of Wages cum-Muster Roll
required to be maintained under these Regulation shall be preserved for 3 years after the date on
which the last entry is made therein.
13. Enforcement: The Inspecting Officer shall either, on his own motion or on a complaint received by
him, carry out investigations and send a report to the Engineer-in-charge specifying the amounts

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representing Workers' dues and amount of penalty to be imposed on the CONTRACTOR for
breach of these Regulations, that have to be recovered from the CONTRACTOR, indicating full
details of the recoveries proposed and the reasons therefor. It shall be obligatory on the part of
the Engineer in-charge on receipt of such a report to deduct such amounts from payments due to
the CONTRACTOR.
14. Disposal of amounts recovered from the CONTRACTOR: The Engineer-in-charge shall arrange
payment to workers concerned within FORTY FIVE days from receipt of a report from the
Inspecting Officer. In cases where there is an appeal, payment of workers dues would be
arranged by the Engineer-in-charge wherever such payments arise, within THIRTY days from the
date of receipt of the decision of the Regional Labour Commissioner (RLC).
15. Appeal against decision of Inspecting Officer: Any person aggrieved by a decision of the
Inspecting Officer may appeal against such decision to the RLC concerned within THIRTY days from
the date of decision, forwarding simultaneously a copy of his appeal to the Engineer-in-charge.
The decision of the RLC shall be final and binding upon the CONTRACTOR and the workmen.
16. Representation of parties:
(i) A workman shall be entitled to be represented in any investigation or enquiry under these
Regulations by an officer of a registered trade union of which he is a member or by an
officer of a Federation of Trade Unions to which the said trade union is affiliated or where
the workman is not a member of any registered trade union, by an officer of a registered
trade union, connected with, or by any other workman employed in the industry in which
the worker is employed.
(ii) A CONTRACTOR shall be entitled to be represented in any investigation of enquiry under
these Regulations by an officer of an Association of Contractors of which he is a member or
by an officer of a Federation of Association of Contractors to which the said association is
affiliated or where the CONTRACTOR is not a member of any Association of Contractors, by
an officer of association of employers, connected with, or by any other employer engaged
in the industry in which the CONTRACTOR is engaged.
(iii) No party shall be entitled to be represented by a legal practitioner in any investigation or
enquiry under these Regulations.
17. Maternity benefits for female employees: The CONTRACTOR shall extend the leave, pay and
other benefits as admissible to the female employees. No maternity benefits shall be admissible
to a female worker unless she has been employed for a total period of not less than 6 months
immediately proceeding the date on which she proceeds on leave. The CONTRACTOR shall
maintain a register of maternity benefits in prescribed form, and shall be kept in all places of
work.
18. Inspection of Books and other documents : The CONTRACTOR shall allow inspection of the
Registers and other documents prescribed under these Regulations by Inspecting Officers and the
Engineer-in-Charge or his authorised representative at any time and by the worker or his agent on
receipt of due notice at the convenient time.
19. Submission of Returns: The CONTRACTOR shall submit periodical returns as may be specified
from time to time.
20. Amendments: The Corporation may, from time to time, add to or amend these Regulations, and
issue such directions as it may consider necessary for the proper implementation of these
Regulations or for the purpose of removing any difficulty which may arise in the administration
thereof.

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MODEL RULES FOR LABOUR WELFARE


[ANNEXURE- XVI TO SPECIAL CONDITIONS OF CONTRACT]

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B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – XVI TO SCC
HRRL Page 2 of 5

MODEL RULES FOR LABOUR WELFARE

1. Definitions
(a) "Workplace" means a place at which, on an average, twenty or more workers are
employed on any day during which the Contract work is in progress.
(b) "Large Workplace" means a place at which, on an average 500 or more workers are
employed.
2. First Aid
i) At every workplace, there shall be provided and maintained in a readily accessible
place First Aid appliances including an adequate supply of sterilized dressings and
sterilized cotton wool as prescribed in the Factory Rules of the State in which the
work is carried on. The appliances shall be kept in good order and in large work
places, they shall be placed under the charge of a responsible person who shall be
trained in First Aid treatment and who shall also be readily available during working
hours. The First Aid boxes at the rate of not less than one box for 150 contract
labour or part thereof shall be ordinarily employed. Adequate arrangement shall be
made for immediate recoupment of items/equipment when necessary.
ii) At large work places, where hospital facilities are not available within easy distance
of the Works, First Aid posts shall be established and be run by a trained
compounder.

Where large work places are remotely situated far away from regular hospitals, an
indoor ward shall be provided with one bed for every 250 employees.

Where large work places are situated in cities, towns or in their suburbs and no beds
are considered necessary owing to proximity of city or town hospitals, suitable
transport shall be provided to facilitate removal of urgent cases to these hospitals.
At other workplaces, some conveyance shall be kept readily available to take injured
person or persons suddenly taken seriously ill to the nearest hospital.

At large work places, there shall be provided and maintained an ambulance room of
the prescribed sizes, containing the prescribed equipment and in the charge of such
medical and nursing staff as may be prescribed. For this purpose, the relevant
provisions of the Factory Rules of the State Government area where the work is
carried on may be taken as the prescribed standard.
3. Accommodation for labour : The CONTRACTOR shall during the progress of the
Works, provide, erect and maintain necessary temporary living accommodation and
ancillary facilities for labour at his own expense and to standard and scales as approved
by the Engineer-in-charge. However, following specifications shall be followed :
(a) (i) The minimum height of each hut at the eaves level shall be 2.10m (7ft) and the
floor area to be provided will be at the rate of 2.7 sq.m (30sq.ft.) for each member of
the worker's family staying with the labourer.
(ii) The CONTRACTOR shall in addition construct suitable cooking places having
a minimum area of 1.80mX 1.50m (6' x 5') adjacent to the hut for each family.
(iii) The CONTRACTOR shall also construct temporary latrines and urinals for the
use of the labourers, each on the scale of not less than four per each one
hundred of the total strength. Separate latrines and urinals shall be provided
for women.

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(iv) The CONTRACTOR shall construct sufficient number of bathing and washing
places, one unit for every 25 persons residing in the camp. These washing
and bathing places shall be suitably screened.
(b) (i) All the huts shall have walls of sun-dried or burnt-bricks laid in mud mortar or
other suitable local material as may be approved by the Engineer-in-Charge. In
case of sun-dried bricks, the walls should be plastered with mud gobri on both sides.
The floor may be katcha, but plastered with mud gobri and shall be at least 15cm.
(6") above the surrounding ground. The roofs shall be laid with thatch or any other
materials as may be approved by the Engineer-in-Charge and the CONTRACTOR
shall ensure that throughout the period of their occupation, the roofs remain water-
tight.
(ii) The CONTRACTOR shall provide each hut with proper ventilation.
(iii) All doors, windows and ventilators shall be provided with suitable leaves for
security purposes.
(iv) There shall be kept an open space at least 7.2m (8 yards) between the rows of
huts which may be reduced to 6m (20ft) according to the availability of site with
the approval of the Engineer-in-charge. Back to back construction will be
allowed.
4. Drinking Water : In every workplace, there shall be provided and maintained at suitable
places, easily accessible to labour, a sufficient supply of cold water fit for drinking.

Where drinking water is obtained from an intermittent public water supply, each workplace
shall be provided with storage where drinking water should be stored.

Every water supply storage shall be at a distance of not less than 15 meters from any
latrine, drain or other source of pollution. Where water has to be drawn from an existing
well, which is within such proximity of latrine, drain or any other source of pollution, the
well shall be properly chlorinated before water is drawn for drinking. All such wells shall
be entirely closed in and be provided with a trap door which shall be dust and water proof.

A reliable pump shall be fitted to each covered well, the trap door shall be kept locked and
opened only for cleaning or inspection which shall be done at least once a month.

5. Washing and Bathing Places : Adequate washing and bathing places shall be provided
separately for men and women. Such places shall be kept in clean and drained conditions.
6. Scale of accommodation in latrines and urinals : There shall be provided within the
precincts of every workplace, latrines and urinals in an accessible place and the
accommodation separately for each of these, shall not be less than at the following scales
:

No. of seats

(a) Where number of persons does not exceed 50 - 2


(b) Where number of persons exceeds 50 but does not exceed 100 - 3
(c) For additional persons (per 100 or part thereof) - 3
In particular cases, the Engineer-in-Charge shall have the power to increase the
requirement, where necessary.
7. Latrines and Urinals : Except in workplaces provided with water-flushed latrines
connected with a water-borne sewage systems, all latrines shall be provided with

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receptacies on dry earth system which shall be cleaned at least four times daily and at
least twice during working hours and kept in strictly sanitary condition. Receptacies shall
be tarred inside and outside at least once a year.

If women are employed, separate latrine and urinals screened from those for men and
marked in the vernacular in conspicuous letters "For Women Only" shall be provided on
the scale laid down in Rule 6. Those for men shall be similarly marked "For Men Only". A
poster showing the figure of a man and a woman shall also be exhibited at the entrance to
latrines for each sex. There shall be adequate supply of water close to latrines and urinals.

8. Construction of latrines: Inside walls shall be constructed of masonry or other non-


absorbent materials and shall be cement-washed inside and outside at least once a year.
The dates of cement washing shall be noted in a register maintained for the purpose and
kept available for inspection. Latrines shall have at least thatched roof.
9. Disposal of excreta: Unless otherwise arranged for by the local municipal authority,
arrangement for proper disposal of excreta by incineration at the workplace shall be made
by means of a suitable incinerator approved by the local medical, health and medical or
cantonment authorities. Alternatively, excreta may be disposed off by putting a layer of
night soils at the bottom of pucca tank prepared for the purpose and covering it with a 15
c.m. Layer of waste or refuse and then covering it with a layer of earth for a fortnight
(when it will turn into manure).

The CONTRACTOR shall, at his own expense, carry out all instructions issued to him by
the Engineer-in-charge to effect proper disposal of soil and other conservancy work in
respect of CONTRACTOR's work people or employees at the site. The CONTRACTOR
shall be responsible for payment of any charges which may be levied by municipal or
cantonment authority for execution of such work on his behalf.
10. Provision of shelters during rest : At every workplace shall be provided, free of cost,
four suitable sheds, two for meals and two others for rest, separately for use of men and
women labour. Height of each shelter shall not be less than 3 meters from the floor level
to lowest part of roof. Sheds shall be kept clean and the space provided shall be on the
basis of at least 0.5 sq.m per head.
11. Creches : At a place at which 20 or more women workers are ordinarily employed, there
shall be provided at least one hut for use of children under the age of 6 years belonging to
such women. Huts shall not be constructed to a standard lower than that of thatched roof,
mud floor and wall with wooden planks spread over mud floor and covered with matting.

Huts shall be provided with suitable and sufficient openings for light and ventilation. There
shall be adequate provision of sweepers to keep the places clean. There shall be two
dais in attendance. Sanitary utensils shall be provided to the satisfaction of local medical,
health and municipal or cantonment authorities. Use of huts shall be restricted to children,
their attendants and mothers of children.

Where the number of women workers is more than 25 but less than 50, the
CONTRACTOR shall provide at least one hut and one Dai to look after the children of
women workers.

Size of creche(s) shall vary according to the number of women workers employed.

Creche(s) shall be properly maintained and necessary equipment like toys etc. provided.

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12. Canteen : A cooked food canteen on a moderate scale shall be provided for the benefit of
workers wherever it is considered necessary.
13. Planning, setting and erection of the above mentioned structures shall be approved by the
Engineer-in-charge and the whole of such temporary accommodation shall at all times
during the progress of the works be kept tidy and in a clean and sanitary condition as per
requirements of the local bodies and to the satisfaction of the Engineer-in-charge and at
the CONTRACTOR's expense. The CONTRACTOR shall conform generally to sanitary
requirements of local medical, health and municipal or cantonment authorities and at all
time adopt such precautions as may be necessary to prevent soil pollution of the site.

On completion of the Work, the whole of such temporary structures shall be cleared away,
all rubbish burnt, excreta or other disposal pits or trenches filled in and effectively sealed
off and the whole of site left clean and tidy to the entire satisfaction of the Engineer-in-
Charge and at the CONTRACTOR's expense.
14. Anti-malarial precautions: The CONTRACTOR shall, at his own expense, conform to all
anti-malarial instructions given to him by the Engineer-in-Charge, including filling up any
burrow pits which may have been dug by him.
15. Enforcement: The Inspecting Officer mentioned in the Contractors' Labour Regulations or
any other officer nominated in his behalf by the Engineer-in-charge shall report to the
Engineer-in-charge all cases of failure on the part of the CONTRACTOR and or his sub-
contractors to comply with the provisions of these Rules either wholly or in part and the
Engineer-in-charge shall impose such fines and other penalties as are prescribed in the
conditions.
16. Interpretations etc: On any question as to the application, interpretation of effect of these
Rules, the decision of the Chief Labour Commissioner or Deputy Chief Labour
Commissioner (Central) shall be final and binding.
17. Amendments: Government/Corporation may, from time to time, add to or amend these
rules and issue such directions as it may consider necessary for the proper
implementation of these Rules or for the purpose of removing any difficulty which may
arise in the administration thereof.

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FORM OF CONTRACT
[ANNEXURE- XVII TO SPECIAL CONDITIONS OF CONTRACT]

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FORM OF CONTRACT

CONTRACT NO.:

THIS CONTRACT made at New Delhi/Jaipur this ………….. day of 20__ BETWEEN HPCL RAJASTHAN
REFINERY LIMITED, which 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, having its registered Office at Tel Bhavan, Sahkar Marg,
Lal Kothi Vistar Jyoti Nagar, Jaipur Rajasthan, India, PIN - 302005 (hereinafter referred to as the
“OWNER” which expression shall include its successors and assigns) of the One Part;

AND

____________________, a Company registered in India under the Indian Companies Act 1913/1956
having its registered office at ___________________ (hereinafter referred to as the “CONTRACTOR”) of
the other part:

WHEREAS

WHEREAS the OWNER issued Tender No.__________ for Residual Process Design, Detailed Engineering,
Procurement, Supply, Transportation, Storage, Fabrication, Construction, Installation, Testing, Pre-
commissioning, Commissioning, Performance, Guarantee Test Run and handing over of Unit for the
__________________________ of HPCL RAJASTHAN REFINERY LIMITED at ________________.

AND WHEREAS the Contract with respect to the said Tender has been awarded to the CONTRACTOR,
pursuant whereto, the CONTRACTOR has to make supplies of materials and to execute works and to
undertake services with the use of the said material as more specifically mentioned and described in the
Contract Documents as hereinafter defined.

AND WHEREAS it is desirable to have a formal Document setting out the documents which comprise the
Contract and determining certain other aspects as hereinafter appearing.

NOW, THEREFORE, THIS CONTRACT WITNESSETH as follows:

ARTICLE 1 CONTRACT DOCUMENTS

1.1 The Contract Document shall comprise the following:


(i) Letter Inviting Bid/Invitation to Bidder
(ii) Instructions to Bidder
(iii) General Conditions of Contract
(iv) Special Conditions of Contract (including the Scope of Work and Time Schedule)
(v) Specifications
(vi) Plans Exhibits _______ to _______
(vii) Drawings Exhibits _______to ________
(viii) Form of Contract
(ix) Form of Bid, including formats attached to the Form of Bid as embodied in the
CONTRACTOR’s final bid.
(x) Form of Schedule of Payment as embodied in the CONTRACTOR’s final bid.

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(xi) Addendum/Addenda to the Bid Documents


(xii) Notification of Acceptance of Bid
(xiii) Detailed Letter of Acceptance (including Statement of Agreed Variations and other
enclosures/annexures to the Detailed Letter of Acceptance).

1.2 A copy of each of the Tender Documents is annexed hereto and the said copies have been
collectively marked Annexure ‘A’ while a copy of the Detailed Letter of Acceptance of Tender
alongwith Annexures thereto and a copy of Notification of Acceptance of Bid dated……………….are
annexed hereto & said copies have been collectively marked as Annexure-‘B’.

1.3 Where the CONTRACTOR is a Consortium of one or more entities or persons, all members of the
Consortium shall be jointly and severally liable for the performance of the Contract and of all
obligations of the CONTRACTOR arising under the Contract and for the discharge of all the
CONTRACTOR’s liabilities to the OWNER under or in respect of the Contract and any claim of the
OWNER without any limitation of liability as between the OWNER and the members aforesaid,
notwithstanding the existence of any agreement between the said members inter se limiting the
liability of any member for or in the performance of any duties or obligations under the Contract.

ARTICLE 2: SERVICES, SUPPLIES AND WORK

2.1 The CONTRACTOR shall make the Supplies specified in the Contract Documents upon the terms
and conditions and within the time specified in the Contract Documents.

2.2 The CONTRACTOR shall undertake the works and perform the services specified in the Contract
Documents upon the terms and conditions and within the time specified in the Contract
documents.
ARTICLE 3: PRICE AND COMPENSATION

3.1 Subject to and upon the terms and conditions contained in the Contract Documents, the OWNER
shall pay CONTRACTOR the price for the said supplies and Compensation for the said works and
services as specified in respect to each in the Contract Documents upon the satisfactory
completion of the said supplies and satisfactory performance of the services and/or otherwise as
may be specified in this behalf in the Contract Documents.

ARTICLE 4: JURISDICTION & GOVERNING LAW

4.1 Notwithstanding any other Court or Courts having jurisdiction to decide the question(s) forming
the subject matter of the reference if the same had been the subject matter of a suit, any and all
actions and proceeding arising out of or relative to the contract or any award arising therefrom,
shall lie only in the Court of competent civil jurisdiction in this behalf at New Delhi/Jaipur (where
this Contract has been signed on behalf of OWNER) and only the said Court(s) shall have
jurisdiction to entertain and try any such action(s) and/or proceeding(s) to the exclusion of all
other Courts.

4.2 The Contract shall be governed in all aspects by the law of the Republic of India, without
application of the doctrine of Renvoi.

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ARTICLE 5: ENTIRE CONTRACT

The Contract Documents mentioned in Article-1 hereof embody the entire Contract between the parties
hereto, and the parties declare that in entering this Contract they do not rely upon any previous
representation, whether express or implied and whether written or oral, or any inducement,
understanding or agreements of any kind not included within the Contract Documents and all prior
negotiations, representations, contracts and/or agreements and understandings are hereby cancelled.

ARTICLE 6: NOTICES

6.1 Subject to any provisions in the Contract documents to the contrary, any notice, order or
communication sought to be served by the CONTRACTOR on the OWNER with reference to the
CONTRACT shall be deemed to have been sufficiently served upon the OWNER notwithstanding
any enabling provisions under any law to the contrary, only if delivered by hand or by Courier to
the Engineer-in-Charge as defined in the General Conditions of Contract.

6.2 Without prejudice to any other mode of service provided for in the Contract Documents or
otherwise available to the OWNER, any notice, order or other communication sought to be served
by the OWNER on the CONTRACTOR with reference to the CONTRACT, shall be deemed to have
been sufficiently served if delivered by hand or through Courier to the principal office of the
CONTRACTOR at ______________________ or other address for service subsequently notified by
CONTRACTOR to the OWNER in this behalf in writing.
ARTICLE 7: WAIVER

No failure or delay by the OWNER in enforcing any right or remedy of the OWNER in terms of the
CONTRACT or any obligation or liability of the CONTRACTOR in terms thereof, shall be deemed to be a
waiver of such right, remedy, obligation or liability, as the case may be, by the OWNER and
notwithstanding such failure or delay, the OWNER shall be entitled at any time to enforce such right,
remedy, obligation or liability, as the case may be.

ARTICLE 8: NON-ASSIGNABILITY

The Contract and benefits and obligations thereof shall be strictly personal to the CONTRACTOR and shall
not on any account be assignable or transferable by the CONTRACTOR.

ARTICLE 9: LANGUAGE OF CONTRACT AND COMMUNICATION

The language of the Contract shall be English and all communications, drawings, design, data, information,
codes specifications and other document whatsoever supporting the bid or otherwise exchanged under
the Contract shall be in English. In the event that any technical documentation is in any language other
than English, the document should be translated and presented to the OWNER/Engineer-in-Charge in
English and English document/translated document shall be regarded as the only authentic document.

ARTICLE 10: GOVERNMENT OF INDIA NOT LIABLE

It is expressly understood and agreed by and between the CONTRACTOR and the OWNER that the OWNER
is entering into this agreement solely on its own behalf and not on behalf of any other person or entity. In
particular, it is expressly understood and agreed that the Government of India is not a party to this
agreement and has no liabilities, obligations or rights thereunder. It is expressly understood and agreed
that the OWNER is an independent legal entity with power and authority to enter into contracts, solely in

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HRRL Page 5 of 5

its behalf under the applicable laws of India and general principles of Contract Law. The CONTRACTOR
expressly agrees, acknowledges and understands that the OWNER is not an agent, representative or
delegate of the Government of India. It is further understood and agreed that the Government of India is
not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of
the Contract. Accordingly, CONTRACTOR hereby expressly waives, releases and foregoes any and all
actions or claims, including cross claims, impleader claims or counter claims against the Government of
India arising out of this Contract and covenants not to sue the Government of India on any matter, claim,
cause of action or thing whatsoever arising out of or under this Contract.

ARTICLE 11: NO LIABILITY ON DIRECTOR AND EMPLOYEE

No Director, employee, consultant or agent of the OWNER or other person representing the OWNER or
acting on behalf of the OWNER in or pursuant to the Contract or in the discharge of any obligation to the
OWNER under the Contract or otherwise in relation to the Contract shall have any personal liability to the
CONTRACTOR or any Sub-Contractor, agent, representative, director or employee of the CONTRACTOR or
to any other person acting for or on behalf of the CONTRACTOR and the CONTRACTOR on its own behalf
and on behalf of its Sub- Contractors, directors, employees, agents and representatives hereby waives
and disclaims any and all right of action which it or they may have whether under tort or Contract or
otherwise against the OWNER or any director, employee, agent, consultant or representative of the
OWNER for act of omission or commission done or omitted to be done.

IN WITNESS WHEREOF THE PARTIES hereto have executed this Contract in duplicate at the place, day and
year first above written.

SIGNED & DELIVERED SIGNED & DELIVERED

FOR & ON BEHALF OF FOR AND ON BEHALF OF

HPCL RAJASTHAN REFINERY LTD. ___________________

(CONTRACTOR)

BY________________________ BY___________________________

(THIS DAY OF _______ 20___)

IN THE PRESENCE OF: IN THE PRESENCE OF :

1. 1.

2. 2.

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PRICE ADJUSTMENT FOR SLIPPAGE IN


COMPLETION
[ANNEXURE- XIX TO SPECIAL CONDITIONS OF CONTRACT]

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PRICE ADJUSTMENT FOR SLIPPAGE IN COMPLETION

The Clause No. 10. of GTC (General terms and condition of Work Contract) stand partially modified to
following extent:

a) Time is the essence of the Contract. The Parties agree and acknowledge that it is of paramount
importance that the Works are executed strictly in accordance with the Works Completion Schedule
as mentioned in Annexure-I to SCC. The Lumpsum Price shall be subject to adjustment by way of
discount as hereinafter specified, if the Unit(s) is/are not mechanically completed by the
CONTRACTOR or if the Unit(s) is/are mechanically completed subsequent to the date of Mechanical
Completion specified in the Time Schedule.

b) In case of any delay in mechanical completion (for the reasons not attributable to the Owner) of work
beyond the Time schedule as mentioned in Annexure-I of SCC, the Owner shall be entitled to a
discount in the Lumpsum Price (Form SP-0). The discount shall be applicable at the rate of 0.5% (half
percent) of the Lumpsum Price (Form SP-0) for every week of the delay or part thereof subject to a
maximum of 5% of the Lumpsum Price (Form SP-0).The above discount shall 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.

c) Clause no. 10 iii) & 10 iv) of GTC stands deleted.

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TAXES & DUTIES


[ANNEXURE- XXIV TO SPECIAL CONDITIONS OF CONTRACT]

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B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – XXV TO SCC
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TERMS & CONDITIONS FOR POST WARRANTY


COMPREHENSIVE ANNUAL MAINTENANCE
CONTRACT (PWCAMC)
[ANNEXURE- XXV TO SPECIAL CONDITIONS OF CONTRACT]

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TERMS & CONDITIONS FOR POST WARRANTY COMPREHENSIVE ANNUAL


MAINTENANCE CONTRACT (PWCAMC)

a) The AMC Charges quoted in SOP shall be inclusive of all the charges for Transportation,
Lodging, Boarding, all insurances including third party insurance, all Taxes /Duties / Cess /
Levies / Fees and all other incidental charges etc. but excluding GST which shall be
payable extra at actual on Submission of Invoice as per GST Invoicing rules. Owner will
not have any liability, whatsoever, over and above the quoted prices.
b) The payment terms for the AMC shall be on quarterly basis after completion of each
quarter against submission of Bills duly certified by the Engineer-in-charge.
c) The order for AMC will be placed before the expiry of contractual Warranty Period. The
price of AMC services will remain firm & fixed for the complete execution of AMC contract.
In case there is delay in start of AMC from the date of expiry of warranty period, the
charges shall be paid on pro-rata basis for the duration curtailed from original specified
AMC period.
d) Within 2 weeks of placement of Order for AMC, CONTRACTOR shall submit CPBG for
5% of the Maximum annual AMC amount which shall be valid for the entire AMC period
plus 2 months claim period.
e) Periodic and Preventive maintenance: CONTRACTOR shall depute their engineers to
installation site as & when required for regular check-ups, as part of periodic maintenance.
CONTRACTOR shall also depute their service engineers periodically for preventive
maintenance, major repairs / replacement and reporting. Price shall also include
emergency visits as necessary.
f) Scope of AMC shall be as per Bidding Document. The quoted lump-sum price shall
include providing all manpower, machineries and materials, including any special tools &
tackles required to carry out the work as per scope of work of AMC defined in the Bidding
Document.

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HRRL Page 1 of 1

LAND, POWER, WATER AND OTHER FACILITIES


[ANNEXURE- XXVI TO SPECIAL CONDITIONS OF CONTRACT]

Page 602 of 13748


Annexure-XXVI TO SCC

LAND, POWER, WATER AND OTHER FACILITIES

1.1 Land for Construction, fabrication, site office and Warehouse shall be
provided FREE OF COST by Owner within HRRL’s Project site as per
Instruction of Engineer In-Charge based on assessment of quantum of work.
Land shall not be provided for Labour colony. The CONTRACTOR shall be
responsible to arrange at his own cost and initiation within the scope of work,
all facilities necessary for performance of the work including (but not limited
to) water, power, transportation, handling and construction equipment,
vehicles, vessels etc. If contractor need more land than Engineer In-Charge
assessment at or around the job site(s) required for the CONTRACTOR’s field
office(s), camps, godowns, workshops and residential accommodation for
CONTRACTOR’s staff, Labour colony, quarry rights, borrow areas and
access roads to or around the job site(s) and CONTRACTOR’s offices,
camps, godowns, workshops, accommodations, and temporary works and
facilities whatsoever shall arrange at their cost.
1.2 The OWNER does not warranty or undertake the provisions of any
facility aforesaid or otherwise whatsoever to the CONTRACTOR or
assistance in obtaining, procuring the same or other assistance whatsoever
for or in the performance or testing the work(s) and the CONTRACTOR shall
not imply by conduct, expression or assurance or by any other means any
promise or obligation on the part of the OWNER contrary to the provisions
hereof, and any such promise or obligation understood by the CONTRACTOR
shall not be binding upon the OWNER.
1.3 Any assistance which the OWNER renders to the CONTRACTOR, in
terms hereof or otherwise relative to the work by provision of any facility,
water, power, transportation, tools, vessels, vehicles, construction and/or
testing equipment and machinery, provision of land for quarries or borrow
areas or for CONTRACTOR’s Office, godown(s), workshop(s) or
accommodations and/or access road(s) or otherwise howsoever in the
performance or testing of the work(s), shall be, without any attendant
obligation upon the OWNER or liability on the OWNER for any failure,
omission, delay or refusal in providing or continuing to provide the same, and
shall not for any cause afford a basis of defence to the CONTRACTOR for
any breach by the CONTRACTOR of any of his obligations under the Contract
or a ground for extension of time for completion.
1.4 After the completion of the works, certain areas shall be declared as
Restricted Areas by the OWNER. If the CONTRACTOR is still in location or
occupation of any such Restricted Area, the CONTRACTOR shall vacate
the same forthwith on being required to do so by the OWNER, and
meanwhile shall at all times comply with and ensure strict compliance with all
regulations as the OWNER may from time to time issue with reference to
such Restricted Area(s).
1.5 The CONTRACTOR shall, at his own costs and initiative, on
completion or prior determination of work or otherwise during execution of
the work, if required by the Engineer- in-Charge because of hindrance caused
thereby or for any other cause, forthwith remove or re-route the distribution
lines, installations and/or works or part(s) thereof, as the case may be
required to be removed or re-routed.

Page 603 of 13748


1.6 POWER

1.6.1 Without prejudice the provisions of clause No. 1.1 to 1.5 above, subject to
availability, construction power shall be supplied by OWNER on
chargeable basis at single point near the battery limit through Compact Sub-
station (CSS), approx. distance from CSS will be 500 Mtr. All onward power
distribution from the locations of issue (i.e.CSS) of power shall be by the
CONTRACTOR. However, non-availability of construction power due to delay in
commissioning of OWNER’s construction power system or due to any other
reasons shall not entitle the CONTRACTOR for any claim on OWNER on
account of time and cost implications. Contractor shall make his own back-up
arrangement for continuous power supply.
1.6.2 The cost of power supply shall be recovered by the OWNER every month at
the rate of Rs. 12.5 per KW Hour (without prejudice to any other mode of
recovery available to the OWNER) by deduction from the CONTRACTOR’s bills
along with any applicable Taxes. The energy meter to be installed by the
CONTRACTOR shall be tested and certified by State Electricity Board or any
other agency approved by the OWNER. The Construction power as above shall
be made available to the CONTRACTOR and no time extension or compensation
shall be payable on account of grid disturbance. Therefore, the CONTRACTOR
shall within the price of services make alternate arrangement to cope with such
eventuality. Additional power, if required, to meet the contractual requirements,
shall be arranged by the CONTRACTOR at its own cost. Contractor shall install
Capacitor Bank for improving the Power Factor wherever required.”
1.6.3 No construction power shall be provided outside the Battery Limit of the
Plant by the OWNER. CONTRACTOR shall make his own arrangement for
construction power at his own cost for fabrication outside the Battery Limit of the
Plant.
1.6.4 The CONTRACTOR shall, at his own costs and initiative, on completion or prior
determination of work or otherwise during execution of the work, if required by
the Engineer-in-Charge because of hindrance caused thereby or for any other
cause, forthwith remove or re-route the distribution lines, installations and/or
works or part(s) thereof, as the case may be required to be removed or re-routed.
1.6.5 In the event of failure or defect of meter(s), power charges shall be calculated on
the consumption determined by the Engineer-in-Charge (whose decision shall
be final both as regards the existence of a defect or failure and as regards the
power consumed).
1.6.6 All arrangements for the distribution or power from source and the work relative
there to shall be made, performed and/or installed in conformity with Indian
Electricity Act and other applicable Laws and Regulations governing the supply
and transmission, distribution of electricity and shall be subject to prior approval
by the Engineer-in-Charge.
1.6.7 The OWNER may at any time without notice and without specifying any cause,
suspend or discontinue power supply as aforesaid to the CONTRACTOR, and
such suspension or discontinuance shall not entitle the CONTRACTOR to any
compensation or damages or constitute a basis for extension of time for
completion.
1.6.8 Power supplied by the OWNER to the CONTRACTOR shall be entirely at the
risk of the CONTRACTOR as to the continuity and regularity of supply,
maintenance of voltage and adequacy of load and frequency without any
warranty by or liability of the OWNER in respect thereof and without entitlement
to the CONTRACTOR for any compensation, damages, extension of time or

Page 604 of 13748


otherwise on ground of grid disturbances, discontinuance, fluctuation of voltage
or inadequacy of load or frequency or any other cause whatsoever.

1.7 WATER
1.7.1 Owner shall provide Water for construction purposes on chargeable basis @
Rs. 26.62 per M3. However water will be available from Nagnachi at a distance
of 50 Km (approx.) from HRRL’s Refinery gate. Contractor to arrange water from
this point till completion of Pipeline laying work. Pipeline laying from Bagundi to
Project site is under progress and Water will be available at Construction water
reservoir within Refinery complex by 31.03.2020..Contractor shall make his own
arrangement for adequate supply, transportation through tankers, storage and
distribution of the same to avoid any stoppage of work till 31.03.2020 after that
water will be made available from within Refinery at Construction water reservoir.
CONTRACTOR shall make their own arrangement for construction water and
cost of the same shall be deemed to be inclusive in the Lumpsum Price.
1.7.2 The CONTRACTOR shall, at CONTRACTOR’s own cost and initiative provide
suitable pumping installations and piping for the transportation of water to and
distribution at the CONTRACTOR’s place or work.
1.7.3 Such installations, pipes and other equipment shall be laid out/installed by
the CONTRACTOR only with the prior approval of the Engineer-in-Charge so as
not to interfere with the layout and progress of the other construction work at the
site and access to or about the job site.
1.7.4 The CONTRACTOR shall forth with on completion of the work or earlier
determination of the Contract or during the execution of the work(s), if so required
by the Engineer-in-Charge, on grounds of hindrance or obstruction caused
thereby or other cause whatsoever at his/its own cost and initiative remove or
re-route, as the case may be, any installation, pipes and/or other equipment put
up or erected by the CONTRACTOR for the transportation and/or distribution of
water, and fill any trenches, ditches or other excavations done by the
CONTRACTOR for the purpose thereof and restore the site to the same
condition in which it was prior to the installation.
1.7.5 Drinking Water for the contract labour, sub-contractors and employees of
the CONTRACTOR shall be in the scope of Contractor. Owner will not provide
Drinking Water and water for other use.
1.7.6 Without prejudice the provisions of clause No. 1.1 to 1.5 above, the Water
Required during Pre-Commissioning, Hydro testing may be provided by
OWNER based on the availability of these utilities on chargeable basis. Further
Owner does not guarantee the supply of these utilities and this does not relieve
CONTRACTOR of his responsibility in making his own arrangement and for the
timely completion of the various works as stipulated.
In case water provided by Owner to contactor, the Charges of Water shall be
recovered from the LSTK Contractor’s bills along with any applicable Taxes.
Permission for bore well drilling inside the premises shall not be granted. Agency
to make water arrangements from indicated water source.

1.8 LAND FOR FABRICATION YARD & WAREHOUSE FOR MATERIALS

1.8.1 LAND PROVIDED BY THE OWNER


Other than the unit area which is available with the successful bidder, an area of
38,000 Sq.M for fabrication/ warehouse & site office shall be provided to
CONTRACTOR by the OWNER.

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1.8.2 LAND ARRANGED BY THE CONTRACTOR

i. The additional land as required by CONTRACTOR shall have to be


arranged by the CONTRACTOR within the radius of 20 KM from refinery
Site. The land shall be leased/subleased by the CONTRACTOR in their
name. Any applicable Taxes shall be borne by the CONTRACTOR and
shall be directly paid to concerned authorities. Any claim to OWNER by
concerned authorities shall be recovered from the LSTK Contractor’s bills.
All applicable taxes shall be included in the quoted lumpsum price by the
CONTRACTOR.
ii. The land so arranged by the CONTRACTOR to meet their additional
requirement needs any development shall be carried out by the
Contractor without any Cost to Owner, Contractor shall be responsible for
arranging water, power, and security of this land and payment of bills of
these utilities.
iii. Material received in the subject area shall be deemed to be received at
Project site for availing payment as per Payment Terms Annexure X in
clause 3.2.1(ii) & 3.2.1(iii).
iv. Heavy individual Equipment, a list of which shall have been discussed and
agreed with the Engineer-in-Charge, may however be delivered at the site
of Erection subject to the CONTRACTOR providing necessary advance
intimation to the Engineer-in-Charge
v. The CONTRACTOR shall be providing Bank Guarantee against invoices
raised by the CONTRACTOR for the services and material receipt outside
the refinery premises. Detailed procedure for the same shall be provided
to the successful bidder on award of contract.
vi. Contractor shall be responsible for maintaining the terms and condition of
agreement of lease during usages of this land and shall be responsible for
payment of all utilities including power, water and taxes for usages of land
if applicable. In case of any dispute arises during the leased period, the
same shall be settled by the CONTRACTOR of their own. The
CONTRACTORshall submit proof of payment of taxes, water charges,
electricity charges, lease rentals to the land owner, on a periodic basis, at
least every 6 months.
vii. CONTRACTOR after leaving the land and handing over the land back to
landowner as per the terms of agreement shall be required to submit all
clearance certificate as issued by the Land Owner/Municipal authority/
Electricity supplier/Water supplier. Any dues if reported by the Landowner
/Municipal authority/ Electricity supplier/Water supplier/tax authorities shall
be deducted by CLIENT from the final bill.
And the final payment against this contract shall be released only after
obtaining no dues/ no claims from the land owner, and other statutory
authorities.
viii. Leased agreement before being signed off with the land owner shall be
required to be reviewed by OWNER and shall require concurrence of
OWNER.
ix. The CONTRACTOR shall indemnify OWNER and their Consultants for any
dispute, claim from any statutory authority or others.
x. The cost of development of such land making suitable for the intended use
shall be deemed inclusive in the Lumpsum Price.
xi. No debris shall be permitted to be disposed inside the Refinery premises,
all the debris including piling muck shall be disposed off safely meeting

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statutory requirements outside the Refinery premises by arranging land is
in the scope of EPCC contractor.
1.8.3 Notwithstanding anything herein provided, the provisions of clause hereof and
related Clauses applicable consequent upon termination of contract, shall apply
to any breach by the CONTRACTOR of his obligations, within the provisions of
Clauses 1.4, 1.5, 1.7.4 hereof as to a breach of clause 40.5 of SCC.

1.8.4 LAND FOR SITE OFFICE AND RESIDENTIAL ACCOMMODATION


i. No land shall be provided by Owner for Site office and Residential
accommodation. The CONTRACTOR shall at its own cost and initiative
arrange land for residential accommodation for its staff and workers and
the price of services shall be deemed inclusive of the same.
ii. Office set-up for 3-4 representatives of PMC/OWNER shall be provided
by CONTRACTOR at his office during the Design Engineering &
Procurement phase of the contract or as and when required.
iii. HSE for Labour considering Labour colony including sanitation, drinking
water, Lighting, Roads, dispensary, canteen, Power supply, cleaning,
Toiletsetc. shall be in CONTRACTOR’S Scope, and the CONTRACTOR
shall adhere to all safety norms/ all statutory requirements as per the
Government / Statutory guidelines and the provisions of the Bidding
Documents

1.9 ACCESS TO SITE


1.9.1 The CONTRACTOR shall at his own cost and initiative arrange for and provide
any access to the work area and stringing or other yards for labour, equipment
and material as maybe necessary for any cause in addition to the ingress and
egress available through public highways. Any arrangements in respect
thereof as may be entered into by the CONTRACTOR with any person
interested in the land through which access is sought, shall be in writing and a
copy of the writing (certified by or on behalf of the CONTRACTOR to be true
copy thereof) shall forthwith be lodged with the OWNER. Such a writing shall
specifically stipulate that the OWNER shall not be responsible for any claims
under the Contractor for any damage, loss or injury to the land or any material,
item or thing there on or in, and the CONTRACTOR shall keep the
OWNER/Consultant indemnified from and against any claim, action or
proceedings in respect thereof.
1.9.2 The CONTRACTOR shall at his own cost and initiative arrange for and obtain
all necessary permissions, permits, E-way bills, if applicable, consents, and
licenses as may be necessary to transport the materials, tools, equipment,
machinery and labour along or across any highway, roadway, or other way, or
railway, tramway, bridge, dyke, dam or embankment, or lake, pond, canal,
river, state terminal, or other line, border or barrier.

Page 607 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – XXVII TO SCC
HRRL Page 1 of 1

CONDITIONS FOR ISSUE AND RECONCILIATION


OF MATERIALS
[ANNEXURE- XXVII TO SPECIAL CONDITIONS OF CONTRACT]

Page 608 of 13748


STANDARD No.

311 ENGINEERS CONDITIONS FOR ISSUE AND
$fg-ar INDIA LIMITED RECONCILIATION OF MATERIALS 7-82-0001 Rev. 1
,>iwn Jw9.-11 IA Govt ot Intlia UndertakIng)
Page 1 of 9

ffl"ilaT V"4'
2Tg'

CONDITIONS FOR ISSUE AND


RECONCILIATION OF MATERIALS

j .04"
XN"fr..
1 24.01.2014 Reaffirmed & Issued as Standard SM DJ RKD SC
Doc. No. 6-10-0001 Rev 0 has been revised
0 21.05.2008 AS GKI SCB VC
and issued as Standard
Standards Standards
Committee Bureau
Rev. Prepared Checked
Date Purpose Convenor Chairman
No by by
Approved by

Format No. 8-00-0001-F2 Rev. 0 Copyright EIL — All rights reserved

Page 609 of 13748


STANDARD No.
ENGINEERS CONDITIONS FOR ISSUE AND
011eg INDIA LIMITED RECONCILIATION OF MATERIALS
IA Govt of Indta Undertakingt
7-82-0001 Rev. 1
Page 2 of 9

Abbreviations:

MS Mild Steel

OFC Optical Fibre Cable

OTDR Optical Time Domain Report

Construction Standards Committee

Convenor: Sh. RK Das, ED (Construction)

Members : Sh. M Deshpande, GM (Construction)


Sh. M Natarajan, GM (C&P)
Sh. Rakesh Nanda, GM (Piping)
Sh. S Mukherjee, DGM (Construction)
Sh. Janak Kishore, DGM (Projects)
Sh. D Jana, AGM (Construction)

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Page 610 of 13748


STANDARD No.
01 ENGINEERS CONDITIONS FOR ISSUE AND
INDIA LIMITED RECONCILIATION OF MATERIALS 7-82-0001 Rev. 1
* IA Govt ol Indo Undertakmg)
Page 3 of 9

CONTENTS

1.0 CONDITIONS FOR ISSUE OF MATERIALS 4

2.0 RETURN OF UNUSED MATERIAL/ SCRAP 4

3.0 CEMENT 5

4.0 REINFORCEMENT BARS /STRUCTURAL STEEL/PLATES 5

5.0 PIPING MATERIALS 6

6.0 EQUIPMENTS 7

7.0 CABLES 7

8.0 LINE PIPES 7

9.0 OPTICAL FIBRE CABLE 8

10.0 OFC JOINTING KITS 9

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Page 611 of 13748


STANDARD No.
J11 ENGINEERS CONDITIONS FOR ISSUE AND
$g-
arfffl
1.12,1
Erdg INDIA LIMITED RECONCILIATION OF MATERIALS 7-82-0001 Rev. 1
IA Govt of Indo Underlakingt
Page 4 of 9

1.0 CONDITIONS FOR ISSUE OF MATERIALS

Whenever any material is issued by Owner, following conditions for issue of material in
addition to other conditions specified in the contract shall be applicable:

1.1 Necessary indents shall be raised by the Contractor as per procedure laid down by the
Engineer-in-Charge from time to time, when the materials are required for incorporation in
permanent works.

1.2 Materials shall be issued only for permanent works and not for temporary works, enabling
works etc. unless specifically approved by the Engineer-in-Charge.

1.3 The Contractor shall bear all other cost including lifting, carting from issue points to work
site/Contractor's store, custody and handling etc. and return of surplus/serviceable scrap
materials to Owner's storage points to be designated by the Engineer-in-Charge. No separate
payment for such expenditure shall be made.

1.4 No material shall be allowed to be taken outside the plant without a gate pass.

1.5 The Contractor shall be responsible for proper storage, preservation and watch & ward of
the materials.

2.0 RETURN OF UNUSED MATERIAL/ SCRAP

2.1 All unused/scrap materials shall be the property of the Owner and shall be returned in good
and acceptable condition category wise by the Contractor at his own cost to Owner's Store(s).

2.2 No credit shall be given to the Contractor for return of scrap. The Contractor should quote the
rates accordingly. Contractor shall make his own arrangements for weighing the cut offs to be
returned to Owner's stores.

2.3 In case the Contractor fails to return unused materials/ accountable scrap, then recovery for
such quantity of materials, not returned by the Contractor shall be affected at following penal
rates from the Contractor's bilis or from any other dues of the Contractor to the Owner:

S.
Material Penal Rates
No.

(a) Penal rate for non return of accountable scrap


1. Issue Rate + 25%
Penal rate for return of serviceable materials in or
(b)
excess of permitted % allowances Landed Rate + 25%
(in case issue rate are not
Penal rate for issuance of unplanned OFC jointing indicated in the contract)
(c)
kits

Penal rates for non return of Unused material and Twice the Issue Rates
(a) or penal rate for generating scrap in excess of or
2. permitted % allowances Twice the Landed Rates
(in case Issue Rates are
Penal rate for using excess amount of materials not indicated in the
(b)
like cement than permitted % allowances Contract)

NOTE : 1) Landed Rate shall be arrived from the latest Purchase Order of respective
material received at site by Owner/EIL.

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Page 612 of 13748


STANDARD No.
ENGINEERS CONDITIONS FOR ISSUE AND
5fg-ar 2154--cg INDIA LIMITED
IA GoN of Ind■O Undenak.g)
RECONCILIATION OF MATERIALS 7-82-0001 Rev. 1
Page 5 of 9

2) In case more stringent penal rates have been indicated elsewhere in the
Contract (based on Project requirement), the same shall supersede the above
rates.

3.0 CEMENT

3.1 Cement as received from cement Manufacturer/Stockists shall be issued to the Contractor.
The theoretical weight of cement in each bag for issue purpose shall be considered as 50 Kg or
20 bags per MT. However, cement bags weighing upto 4% less shall be accepted by the
Contractors and charged for as full bag.

3.2 The Contractor is required to submit the design mix for different grades of concrete, keeping
in view the requirements stipulated in IS:456 and IS 10262, specifically regarding durability,
slump and water cement ratio and specific gravity of materials brought to site as analyzed in
the laboratories. The design shall be based upon absolute volume method and theoretical
consumption of cement shall be worked out on this basis. For other than concrete items, the
coefficients for consumption of cement shall be adopted as per CPWD practice.

3.3 The permissible variation between Cement actually used on the job and theoretical
consumption worked out on the basis stipulated in above para 3.2 and as determined by
Engineer-in-Charge shall be 3% (Three percent only).

If the actual consumption is more than 103% of the theoretical consumption, then recovery at
the penal rates for the quantity of cement beyond the limit of 103% of theoretical consumption
shall be affected as per clause 2.3 above.

3.4 Unused quantity of cement shall be returned by the Contractor to the Owner's stores in good
condition only.

3.5 The Contractor shall maintain a good store for storing cement issued to him. The flooring of
the storage house, the clearances of cement bags from the side walls/ floor & stack height etc.
shall be as instructed by the Engineer-in-Charge.

3.6 The contractor shall maintain a Cement Register in prescribed format and update the entries
on daily basis.

3.7 The cement store shall be offered for inspection and verification by the Engineer-in-Charge or
his authorized representative at any time when the Engineer-in-Charge feels the need to do so.

3.8 Empty cement bags shall be the property of the Contractor and shall have to be disposed off
by him.

4.0 REINFORCEMENT BARS / STRUCTURAL STEEL / PLATES

4.1 The scrap allowance for the reinforcement bars/structural steel including steel plate issued by
the Owner, shall be total 3% (2.5% accountable and 0.5% unaccountable) of the actual
consumption as incorporated in the works.

4.2 All serviceable reinforcement bars/structural steel/steel plates shall be issued in available
length/shapes/sizes and no claims for extra payment on account of issue of non-standard
lengths/shapes/sizes and bending etc. shall be entertained. Reinforcement bars and structural
steel shall be issued on weighment basis as per normal warehousing practice. In exceptional
circumstances, the reinforcement bars/ structural steel, if issued on linear measurement, the IS
coefficients for unit weight shall be considered. For the purpose of billing and accounting,
only linear measurements shall be taken and weight shall be calculated as per IS coefficients
in three decimals. The difference in unit weight as per IS and actual as issued, if any, shall be

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Page 613 of 13748


STANDARD No.
ENGINEERS CONDITIONS FOR ISSUE AND
--,112-
$Igu g INDIA LIMITED RECONCILIATION OF MATERIALS 7-82-0001 Rev. 1
-„„,,„-„, (A Govt ot Ind(o Itoeonotoo9)
Page 6 of 9

to Contractor's account and Contractor is deemed to have considered the same at the time of
bidding.

4.3 Reinforcement bars/structural steel/steel plates shall be issued only for those items where
Owner's supply has been specifically mentioned in Schedule of Rates/ Scope of Supply. The
storage of these items shall be done in such a way so as to avoid rusting/ damage to any kind
to the materials.

4.4 All reinforcement bars/structural steel (except M.S. Plates) in length of 2 meters and above
shall be considered as serviceable materials provided the material is in good and acceptable
condition. Reinforcement bars/structural steel section (except M.S. Plates) in lengths less than
2M shall be treated as scrap.

The contractor shall strive to avoid generation of cut pieces of length 2m and above, as far as
practicable, by effectively planning & executing the construction works.

4.5 For the purpose of accounting of the plates, all plates measuring not less than 1 Sq.m in area
and having any dimensions not less than 200mm when returned to Owner's store, shall be
considered as serviceable material. All other pieces shall be treated as wastage/scrap. The
Contractor shall prepare a plate cutting diagram in such a way that the minimum scrap is
generated. Also the cut plates should be used at proper places to reduce the scrap.

4.6 The serviceable cut pieces as mentioned in 4.4 & 4.5 above shall be considered as unused
material for reconciliation purpose.

4.7 Material appropriation shall be done and wherever applicable, the recovery at penal rates as
per clause 2.3 above shall be affected from the contractor.

5.0 PIPING MATERIALS

5.1 All serviceable pipes shall be issued in available lengths/shapes and no claims for extra
payments on account of issue of non-standard length & shape shall be entertained. Pipes shall
be issued on linear measurement basis. All valves, flanges, fittings etc. shall be issued on
number(s) basis. Contractor shall store the materials in such a way so as to avoid mixing of
different types of material and shall maintain complete identification and traceability at all
times.

5.2 The scrap allowance for pipes issued by the Owner shall be 3% (2.5% accountable + 0.5%
unaccountable) of the actual consumption as incorporated in the works.

5.3 All pipes in length of 2 meters and above shall be considered as serviceable material provided
the material is in good and acceptable condition and has clear identification and traceability
(Manufacturer's name, heat number/batch number and test certificates). Pipes in lengths less
than 2M shall be treated as scrap.

The contractor shall strive to avoid generation of cut pieces of length 2m and above, as far as
practicable, by effectively planning & executing the construction works.

5.4 All unused/scrap pipes, valves, flanges, forged fittings like elbows, reducers tees shall be
returned by the Contractor category wise duly cleaned, greased and spec. marked at his own
cost to Owner's stores.

5.5 Material appropriation shall be done and wherever applicable, the recovery at penal rates as
per clause 2.3 above shall be affected from the contractor.

Format No. 8-00-0001-F2 Rev. 0 Copyright EIL —All rights reserved

Page 614 of 13748


STANDARD No.
,31 --1 ENGINEERS CONDITIONS FOR ISSUE AND
fêt2s
(~ C1,01,,
1,
1 .345n.
INDIA LIMITED
(A Govt of Indo undertakmg)
RECONCILIATION OF MATERIALS 7-82-0001 Rev. 1
Page 7 of 9

6.0 EQUIPMENTS

Various equipment/materials intended for the installation shall be received by Owner in


unpacked, skid mounted, crated, packed or loose condition and shall be stored in the
warehouses and open yards. In general, materials shall be issued to the Contractor in `as
received' condition. It shall be the Contractor's responsibility to draw, load and transport all
materials from Owner's designated places of issue to the point of installation and return all
packing materials like steel frames, wooden boxes/scrap etc. to Owner's stores.

All materials supplied by the Owner shall be duly protected by the Contractor at his own cost
with appropriate preservative like primer, lacquer coating, grease etc. as required.

7.0 CABLES

Appropriation of cables shall be done as follows:

7.1 Al1 the surplus and serviceable cables out of the cables quantity(ies) issued by the Owner to
the Contractor shall be returned by the Contractor to the Owner's store in good condition and
as directed by the Engineer-in-Charge.

7.2 The Contractor shall be allowed a cutting/wastage allowance (accountable scrap) of 1.5% for
power cables and 3% for the control cables. This cutting/wastage allowance shall be
computed on the length of cables actually laid, measured and accepted.

7.3 All cables being returned to store should carry Aluminium sheet tags indicating the size &
type of cable. Cables of less than 15 meters length shall be termed as scrap. Cables of lengths
15M and above shall be termed as serviceable material & shall be returned size wise and
category wise to the Owner's store in wooden drums. Cables of serviceable length being
returned to stores in drum(s) shall be accepted only after Megger value continuity test and
physical measurement is carried out by the Contractor to the satisfaction of Engineer-in-
Charge. Empty cable drums and major packing material (as decided by Engineer-in-charge)
shall be Owner's property and shall be returned to Owner's Store/designated place without
any additional cost.

The contractor shall strive to avoid generation of cut pieces of length 15m and above, as far as
practicable, by effectively planning & executing the construction works.

7.4 While carrying out material appropriation with the Contractor, the above points shall be taken
into account. All serviceable materials returned by the Contractor (size wise & category wise)
shall be deducted from the quantity(ies) issued to the Contractor for the respective sizes.
Scrap generated for power cable and control cable shall also be returned to Owner's store on
Lot basis. Wherever applicable, the recovery at penal rates as per clause 2.3 above shall be
affected from the contractor.

8.0 LINE P1PES

8.1 All bare/ coated line pipes as per Line Pipe specifications shall be issued on linear
measurement basis. The serviceable line pipes shall be issued in available lengths and shapes
and no claim for extra payment on account of issue of non-standard length and shape shall be
entertained. Contractor shall store and maintain the line pipes in proper manner to avoid
mixing of different classes of pipes. Contractor shall maintain complete identification and
traceability at all times. Al1 cut pieces when returned to Owner's storage points after beveling,
shall be considered as serviceable material provided:

a) Corrosion Protection Coating is intact.

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Page 615 of 13748


STANDARD No.
k5-1
1 2,zi& ENGINEEFZS CONDITIONS FOR ISSUE AND
$1g-ar 22-
rt~dg-
Nyry INDIA LIMITED RECONCILIATION OF MATERIALS 7-82-0001 Rev. 1
Govt ol Indo Undettakingt
Page 8 of 9

b) Pipe pieces have pipe specifications, manufacturer's logo/name and heat number duly
authenticated with hard stamp of the authorized inspector as per approved procedure.

A11 cut pieces of pipes measuring less than 2 M shall be treated as wastage/scrap.

The contractor shall strive to avoid generation of cut pieces of length 2m and above, as far as
practicable, by effectively planning & executing the construction works.

8.2 For the purpose of accounting of bare/ coated line pipes, following allowances shall be
permitted:

a) Unaccountable wastage
- upto 100 Km 0.1%
- 101 to 500 Km 0.07%
- beyond 500 Km 0.05%

b) Scrap (All cut pieces of pipes measuring 0.25%


less than 2 Meter)

c) Serviceable materials (All cut pieces of pipe 0.5%


measuring 2 Meter and above)

The percentage allowance shall be accounted on the basis of pipe book chainage for main
pipeline.

8.3 Material appropriation shall be done and wherever applicable, the recovery at penal rates as
per clause 2.3 above shall be affected from the contractor.

9.0 OPTICAL FIBRE CABLE

9.1 For the purpose of accounting of optical fibre cable, all cut pieces measuring in length of 40 m
and above when retumed to Owner's storage points shall be treated as serviceable materials.
All cut pieces of cable measuring less than 40 M shall be treated as scrap.

For the purpose of accounting of OFC (Optical Fibre Cable) following allowances shall be
permitted:

a) Unaccountable wastage 0.5%


b) Scrap (A11 cut pieces of cables measuring less than 40 M) 0.25%
c) Serviceable material (measuring 40m to 750m) 0.25%

The percentage allowance shall be accounted on the basis of pipe book chainage for main
pipeline.

Cables returned in original drum (measuring 750m and above) with Optical Time Domain
Report (OTDR) shall be considered as unused material.

9.2 The contractor shall strive to avoid generation of cut pieces of length 40m and above, as far as
practicable, by effectively planning & executing the construction works.

9.3 Material appropriation shall be done and wherever applicable, the recovery at penal rates as
per clause 2.3 above shall be affected from the contractor.

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Page 616 of 13748


STANDARD No.
ENGINEERS CONDITIONS FOR ISSUE AND
INDIA LIMITED RECONCILIATION OF MATERIALS 7-82-0001 Rev. 1
IA Govt of Indo Undertaking)
Page 9 of 9

10.0 OFC JOINTING KITS

The Contractor shall make a schedule for use of Cable jointing kits and get the same approved
from Engineer-in-charge. The quantity mentioned in this schedule shall be termed as
`planned' usage quantity which shall be issued to the Contractor. However, any jointing based
on site requirements as decided by Engineer-in-charge shall be included in planned quantity.

Any unplanned jointing required to be carried out by the Contractor due to reasons not
attributable to Owner/EIL shall be issued from spare quantity, if available with Owner. Such
unplanned OFC Jointing Kits shall be charged from the contractor at penal rates as per clause
2.3 above.

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Page 617 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – XXVIII TO SCC
HRRL Page 1 of 2

PRICE REDUCTION FOR DELAY IN ACHIEVING


INTERMEDIATE MAJOR MILESTONE
[ANNEXURE- XXVIII TO SPECIAL CONDITIONS OF CONTRACT]

Page 618 of 13748


B224 : RAJASTHAN REFINERY PROJECT (RRP) ANNEXURE – XXVIII TO SCC
HRRL Page 2 of 2

APPENDIX -XXVIII

PRICE REDUCTION FOR DELAY IN ACHIEVING INTERMEDIATE MAJOR MILESTONE


FOR EPCC-10
List of intermediate major milestone and its completion schedule is as under:

DESCRIPTION Time Schedule, Max. PRS in % (percent


Month from award of total lumpsum price as
date per SOP format, SP-0)

Major Tagged(critical) Equipment 4 0.2


ordering

60% Model review 8 0.2

90% Model review 12 0.2

Erection of VGO Reactor 19 0.2

Energization of Sub-station 24 0.2

ROG PSA, MUG Compressor & 25 0.2


Recycle Gas compressor Installation
and ready for pre-commissioning

Total 1.2

In the event of delay in achieving the above intermediate milestones, Price adjustment for delay in
achieving each intermediate major milestones shall be a sum equivalent to 0.2% of the Total Lumpsum
Price for every week of delay or part thereof, limited to a maximum of 1.2% of the Total Lumpsum Price
in respect of any or all the intermediate major milestones put together. However, the total adjustment
on account of delay in achieving the intermediate major milestones as mentioned above and delay in
Mechanical completion of work beyond the Time schedule as mentioned in Annexure-I of SCC shall be
limited to 5% of Total Lumpsum Price only.

Further in case CONTRACTOR defaults in completion of intermediate major milestones as mentioned


above but completes the Mechanical Completion within the Time Schedule as per Annexure – I to SCC,
the amount deducted against Price adjustment for delay in achieving intermediate major milestones
shall be released in the final bill.

Page 619 of 13748


HPCL RAJASTHAN REFINERY LIMITED (HRRL)
RAJASTHAN REFINERY PROJECT (RRP)

AT

PACHPADRA TEHSIL, BARMER DISTRICT,


RAJASTHAN, INDIA

BIDDING DOCUMENT

PART – II: PRICE PART

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 620 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)

OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT
(VGO HDT) AND REFINERY OFF GAS PSA

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

SCHEDULE OF PRICES
(SOP)
(Rev. 0)

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 1 of 36

Page 621 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)

OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING


UNIT (VGO HDT) AND REFINERY OFF GAS PSA

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

INDEX TO SCHEDULE OF PRICES

Sr. No. Description Form No.

1. PREAMBLE

2. LUMPSUM PRICE SP-0

Break up of LUMPSUM PRICE (for Consortium Bidder only) SP-0A

A. Schedule of Price for Design and Detailed Engineering. SP-1


2.1
B. Schedule of Price for Supply Portion. SP-2

C. Schedule of Price for Construction / Installation Portion SP-3

Further Breakup of Prices of SP-1, SP-2 and SP-3

A. Breakup Price for Design and Detailed Engineering SP-4


2.2
B. Breakup of price for Supply Portion. SP-5

C. Breakup of price for Construction / Installation Portion SP-6

3. 2 Year O & M spares SP-7

4. Details of Goods And Service Tax (GST) SP-8A and SP-8B

5. Details of Custom Duty & Custom related duties SP-9

6. Guaranteed values SP-10

7. Comprehensive Post Warrantee Annual Maintenance Contract SP-11(i to x)

8. Pre-filled Heavy lift crane retention charge SP-12

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 2 of 36

Page 622 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)

OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

PREAMBLE TO SCHEDULE OF PRICES

1. Bidder’s quoted prices shall be strictly as per various FORMS included under Schedule of Prices. Bidder shall
quote LUMPSUM PRICE for entire scope of work as per provisions of the Bidding Document in FORM SP-‘0’.
This LUMPSUM PRICE may also be referred to as Lumpsum Price or Contract Price. Bidder shall also quote
break up of LUMPSUM PRICE separately for Design and Detailed Engineering (FORM SP-1), Supply (FORM
SP-2) and Construction/Installation (FORM SP-3). Bidder shall furnish further rbreak up of lumpsum prices as
per FORM SP-4, SP-5 and SP-6.

These Breakup of Prices (i.e. FORM SP-1, SP-2, SP-3 and further break-up in FORMs SP-4, SP-5 and SP-6)
are only meant for the purpose of Milestone Payment and finalization of Billing Break-up during the execution
of the Contract.
2. Bidder to note that breakup of lump sum price is for reference only and total price payable under the Contract
shall be restricted to the Lump sum Price / Contract Price indicated in Schedule of Price FORM SP-0. The
Price evaluation shall be based on the Lump sum Price quoted in FORM SP-0, in line with provisions of
Bidding Document.

The above Lumpsum Price (FORM SP-0) shall be considering entire Contract as “Works Contract
Service”.

3. The quoted price shall be deemed to be inclusive of all the taxes& duties except GST (i.e. IGST or CGST and
SGST/UTGST applicable in case of interstate supply or intra state supply respectively and GST Compensation
cess, if applicable). It is clarified that prices, taxes, duties including GST on any transaction between
Contractor and their sub-contractor/ sub-supplier shall be included in the Lumpsum price quoted by the
Contractor.

4. The quoted price shall also include the insurance, all applicable taxes, Duties, Cesses, Royalty and Levies as
per Bidding Documents.
5. The price quoted shall be lumpsum price for the entire scope of work, whether specifically mentioned or not, to
be executed on Lumpsum turnkey (LSTK) basis. Unless the basic parameter changes or additional/ extra
requirements (scope of work and/or supply and/or services) are made, total payments to be made to the
Contractor shall be limited to lumpsum price indicated/finally accepted as per FORM SP-0 only.

6. Obligation of the Contractor is not limited to the quantities that the Contractor may either indicate in the
Breakup of Lumpsum Prices along with his bid or in further detailed breakup of lumpsum prices furnished after
award of Work during billing breakup finalization. Contractor shall carry out entire scope of
work/supplies/Services as detailed in various sections/volumes of the Bidding Document within the quoted
Lumpsum Price.

Break up of LUMPSUM PRICE is required to be submitted in FORM SP -1, SP-2, SP-3, SP-4, SP-5 and SP-
6 which shall be used for milestones payment purpose only. Further Break-up of these forms as required shall
be submitted and got approved from Engineer-in-charge/Owner in the billing schedule after award of Contract.
Billing schedule shall be allowed to revise two times only, one after achieving 50% overall Project progress and
second time after achieving 90% Overall progress.

7. Lumpsum price shall be deemed to be inclusive of the cost of any other supplies/work(s)/Services not
specifically mentioned in the Bidding Document but are essentially required for the efficient, trouble free
operation of the complete package, irrespective of whether the above unspecified supplies/work(s)/services
are specifically mentioned in the bidder’s bid or not.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 3 of 36

Page 623 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)

OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

8. The Bidder shall carefully examine the various clauses of Bidding document inclusive of Scope of Enquiry,
General Terms and Conditions for Works Contract, Special Conditions of Contract, Tender Specifications,
Technical and Commercial Amendment( if any) etc. The bidder shall include in his prices any sum he may
consider necessary to cover the fulfilment of the various clauses contained therein. The items of work
described and the Lumpsum Price stated in the Schedule of Price shall be inclusive of everything necessary to
complete the said items of work within the contemplation of the Contract.

9. General directions and descriptions of work and materials given in the specifications are not necessarily
repeated in the Schedule of Price.
10. Bidder to note that breakup of Lumpsum Price is for interim payment purposes only and total price payable
under the Contract shall be restricted to the Lumpsum Price/Contract Price mentioned in FORM SP-0.

11. The Price for Design and Detailed Engineering quoted in FORM SP-1 shall not exceed 9% of the Lumpsum
Price of FORM SP-0.
12. The Price of Supply quoted in FORM SP-2 shall not exceed 57% (Fifty Seven Percent) of the Lumpsum Price
of FORM SP-0.
13. In case the prices are beyond the limits mentioned under Sl. Nos. 11, 12, then such additional amount shall be
raised by Contractor in the final bill and shall be paid to the Contractor in the final bill/invoice only. Billing
schedule shall be prepared as per above clause no.11 & 12 only.

14. In case of any contradiction between Lumpsum Price mentioned in FORM SP-0 and subsequent Break-up of
price mentioned in FORMs 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 “Lumpsum Price” for complete Scope of Work and break-up of
Prices shall be reworked to match with Price as per FORM SP-0.

15. 15. 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, SP-5 and SP-6, following order of precedence shall apply :
SP-1, SP-2, SP-3.
SP-4, SP-5, SP-6.
16. Following Forms of Schedule of Price are also enclosed.
i) FORM SP-7, indicating Recommended spares for 2 years Operation and Maintenance (O&M spares). Prices
as per FORM SP-7 shall be submitted within 03 Months of award of work as per provision of SCC clauses.

ii) FORM SP-8A, indicating the details of Goods and Service Tax (GST) in respect of Lumpsum Price quoted
under FORM SP-0.

iii) FORM SP-8B, indicating the details of Goods and Service Tax (GST) in respect of PWCAMC prices quoted
under FORM SP-11.

iv) FORM SP-9 indicating details of Custom and Custom related duties for the Built-in import content.

v) FORM SP-10 Guarantee Values to be quoted by bidder.. Refer Loading & Guarantees attached as Annexure-
II to SCC of the Bidding Document.

vi) FORM SP-11 i) to x) for Prices for Post Warrantee Comprehensive Annual Maintenance Contract (PWCAMC)
Services.

vii) FORM SP-12 for Prefilled Heavy Lift Crane Retention Charge.

17. Currency of Bid

Bidders are allowed to quote in currency(ies) as under:

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 4 of 36

Page 624 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)

OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

i) INR and/or
ii) Any one Foreign currency out of USD and EURO
Bidder to carefully mention the applicable foreign currency in the specified columns.
18. It shall be the sole responsibility of the CONTRACTOR to duly observe and perform and fulfil all obligations of
all laws, rules, regulations, orders and formalities during the entire period/currency of the Contract, applicable
to Good and Service Tax (GST), Customs Duty, etc. on the import, manufacture, sale and/or supply of any
material(s)/equipment to the OWNER and performance of the works contract service under the Contract. The
CONTRACTOR shall keep the OWNER and its Project Management Consultant (PMC) 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.

19. The Lumpsum Price of Works Contract Service shall be deemed to cover various factors including but not
limited to cost of materials/equipment/Services, overheads, bidding cost, financing costs, profits, mobilization &
demobilization cost, etc., as applicable. Unless the scope expressly excludes certain provisions from the
CONTRACTOR’s scope in the Bidding document/Contract, no additional payment on any such head expressly
not mentioned herein in the Bidding Document/Contract shall be entertained on a later date.

20. Bidder shall submit their Priced Bid duly filled in with prices, stamped & signed by Bidder on each page and
scanned & uploaded in the respective “PRICE BID” folder only on the e-Procurement Portal as mentioned in
the ITB/IFB in the following manner:
i) Lumpsum Price as per FORM SP-0.
ii) Breakup of Prices as per FORM SP-1,SP-2 &SP-3and further Break-Up of Prices as per FORM SP-4,SP-5 &
SP-6.
iii) Break-up of Goods and Service Tax (GST) in FORM SP-8A& SP-8B and Details of Custom Duty as per FORM
SP-9.
iv) Guaranteed Values to be submitted by bidder in FORM SP-10.
v) Duly filled in Prices for Post Warrantee Comprehensive Annual Maintenance Contract Services FORM SP-
11(i) TO SP-11(x).
vi) Duly stamped and signed FORM SP-12 towards pre-filled Heavy Lift Crane(1600 Ton) retention charges

21. Lump sum price shall be exclusive of Comprehensive Insurance (Marine cum transit cum storage and
erection) till handing over of the package, as per provision of the Bidding Document. However, all other
insurances to be taken by the Contractor, required, if any, as per provision of the Bidding Document shall be
included in the quoted Lumpsum price.

22. BREAK-UP OF DESIGN AND DETAILED ENGINEERING PRICE (SP-1) shall include, Design and Detailed
engineering and Training, as per requirement of Technical Part of the Bidding Document for complete work in
accordance with the various provisions of the Bidding Document.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 5 of 36

Page 625 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)

OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

23. BREAK-UP OF SUPPLY PRICE (SP-2) shall include Sale and Supply of all Materials (except CIVIL AND
STRUCTURAL MATERIALS AND OTHER MATERIALS FOR CONSTRUCTION AS SPECIFIED IN FORM SP-
3) required for incorporation in the permanent Works as determined by Bidder, within the scope of work, to be
necessary to establish, commission and operate the Plant/Unit, delivered in respect of imported
materials/equipment and delivered for Indigenous materials/equipment, at the price of materials/equipment, as
specified in the Schedule of Prices. SUPPLY PRICE shall include price of all Materials/equipment required for
completion of the Works in all respects and also shall include all associated activities. The guidelines for
covering the materials/equipment and associated activities under Supply Price is specified herein below:

a) SUPPLY PRICE (SP-2) shall include supply and transportation up to Project Site/fabrication yard of all
materials as mentioned under SP-2, and SP-5.
b) SUPPLY PRICE(SP-2) shall include supply of any other Materials, not mentioned under SP-2 and SP-5, but
required as per provisions of the Bidding or Contract Documents, and as per the guidelines mentioned under
this clause 23.0
c) SUPPLY PRICE (SP-2) shall include the price of mandatory spare parts but exclude the price of 2 years
recommended spare parts.
d) SUPPLY PRICE(SP-2) shall include the price of spare parts for pre-commissioning, commissioning and the
price for such spares shall be included in the individual equipment.
e) SUPPLY PRICE(SP-2) shall include price for special tools and tackles, if any.

f) SUPPLY PRICE (SP-2) shall include first fill of lubricant, catalyst, chemicals etc.
g) SUPPLY PRICE(SP-2) shall include prices for Built-In Import content billed to and shipped to in the name of
Contractor.
h) SUPPLY PRICE(SP-2) shall include the cost of all inspections including Third Party Inspection.

i) SUPPLY PRICE(SP-2) shall also include any incidental or auxiliary supplies which are not specified in the
Bidding Document specifically but which are required for completion of Works in all respects which could be
reasonably implied from the contents of the Bidding Document.
j) SUPPLY PRICE(SP-2) Price shall include all materials which are in the form of finished goods. Construction
materials such as civil, structural shall not be included under SP-2 and shall be included under the Price of
Construction.

24. BREAK-UP OF CONSTRUCTION PRICE (SP-3)

a) SP-3 Price shall include supply of all construction materials as required for completion of the Work in all
respects. Construction Materials, in general, shall include cement, Iron/Steel, reinforcement bar, sand, M-sand,
aggregates, stones, bricks, earth and clay, woods and boards of all kinds, sanitary pipes and fittings, sewage
pipes and fittings, drainage pipes and associated fixtures and fittings, 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, alloys& other material, compounds and consumables whatsoever
involved for and / or incorporated in the permanent Works.

b) SP- 3 Price shall include prices of all type of construction services required for completing the Works in all
respects including construction, testing, pre-commissioning, commissioning and handing over to Owner. This
shall include all type of Services required for completing the works in all respects as per the scope of work
specified in the Bidding Document. The major services are specified here in below, without being limited to :

i) SP-3 Price shall include - Supply, procurement, mobilization and deployment of all Skilled/ Unskilled
Manpower/ labour, construction plant/equipment/machinery necessary for lifting, loading, handling, removing,
transporting, unloading or securing the materials.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 6 of 36

Page 626 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)

OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

ii) SP-3 Price shall include - The cost of mobilization including but not limited to mobilization of vehicles,
movements, machinery, equipment, gear, tools, tackles, Heavy lift cranes of different capacities for erection of
FIMs supplied by Owner and Contractor’s own scope of equipments& structural items, and other items and
goods and personnel necessary for or to perform the works contemplated under the Contract.

iii) SP-3 Price shall include - The cost of all construction plants and equipment, vehicles, movements, supply of
water and power, construction of temporary roads and access, temporary works, pumps, wiring, pipes,
scaffolding, piling, shuttering and other materials, supervision, labour, fuel, stores, geo technical investigation

iv) SP-3 Price shall include - All supervision charges, establishment charges, overheads, contingencies, site
organization, charges etc.
v) SP-3 Price shall include - The cost of all indemnities under the Contract, and insurance premium for the
“Insurance” not covered under Owner’s Insurance policy but are required as per provisions of the Bidding
Document.
vi) SP-3 Price shall include - The cost of all rents, royalties, licenses, permits, permission and any other fee, duty,
penalty, levy payable on the excavation, removal of transportation of any material or acquisition or use of any
right of way or other right, licenses, permit, privilege, permission or uses required for the performance of work.
This provision shall apply for the construction materials.
vii) SP-3 Price shall include - Assembly of sub-assemblies, installation, alignment, welding, and completion up to
Erection of all the disciplines – civil and structural, mechanical, pressure vessels, rotary equipment, package
equipment, HMTD equipment, piping, electrical, instrumentation, insulation, fire proofing, refractory, painting,
etc. as required according to the specifications and drawings.

viii) SP-3 Price shall include – All Testing works including Hydraulic /pneumatic testing at Site.
ix) SP-3 Price shall include - Pre-commissioning of the Complete Unit

x) SP-3Price shall include - Commissioning of the Complete Unit


xi) SP-3 Price shall include - Performance Guarantee runs of the plant

xiii) SP-3 Price shall include - The incidental cost arising out of Punch list/ check list issued by commissioning team
of licensor or owner or operations group of owner during pre-commissioning / commissioning for smooth and
trouble free operation of the system/ units.

xiii) SP-3 Price shall include the cost of transportation from the factory or ware house or other places of delivery in
respect of construction materials and to transport these to the Contractor’s stockpiles, godowns or other
places of storage approved by the Owner, and to transport the same from the said godowns or places of
storage to the work site (including for SP-2 Material) for incorporation in the permanent work.

xiv) SP-3 shall also include any incidental or auxiliary works which are not specified above or in the specifications
or in the Conditions of Contract or in the Bidding Document specifically but which are required for completion
of Works in all respects and which could be reasonably inferred from the contents of the Contract Document.

25. The unpriced commercial bid shall contain the unpriced copy of price bid with the word “QUOTED” mentioned
in the Price Column. Also, the unpriced copy must indicate the GST percentage(%) along with correct SAC
codes in FORM-SP8A and FORM-SP 8B of this Schedule of Prices (SOP). Bidder to ensure, filling correct
applicable SAC codes as the quoted Price shall be FIRM and binding for the capping of payment. In case of
any ambiguity indicated in SAC code, then the Owner reserves the right to evaluate the offers with applicable
taxes under the relevant SAC code of particular services.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 7 of 36

Page 627 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)

OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

Spares for start-up/commissioning and mandatory spares and any other Tools and Tackles as required are in
CONTRACTOR's scope and are deemed to be included in their quoted Lumpsum Price, irrespective of
whether such spares/items are categorically mentioned or not in the bidder’s bid. No claim on this issue shall
be entertained at a later date after award of work and at any stage during the faithful execution of the contract.

26. The Prices for Post Warranty Comprehensive Annual Maintenance Contract (PWCAMC) quoted in FORM SP-
11 shall not be included in the Lumpsum Price quoted in FORM SP-0.
27. Prices of PWCAMC shall be inclusive of all applicable taxes and duties except GST as quoted in FORM-SP-
8B, which shall be paid extra against submission of documentary evidence.
28. The prices for PWCAMC shall remain valid upto the defect liability period. In case of award, the price for
PWCAMC shall remain firm till the completion of scope of PWCAMC.
29. The Prices for PWCAMC shall be considered for evaluation. OWNER reserves the right to place the order
for PWCAMC before completion of defect liability period.
30. The OWNER will place separate Purchase Order/ Contract for PWCAMC on the CONTRACTOR.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 8 of 36

Page 628 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY
OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
NAME OF BIDDER
FORM-SP-0
LUMPSUM PRICE

INDIAN CURRENCY COMPONENT


S. FOREIGN CURRENCY COMPONENT PRICE IN
No. DESCRIPTION UNIT PRICE IN ………. INDIAN RUPEES (INR)
(Indicate currency USD or Euro as applicable)
IN FIG. IN WORDS IN FIG. IN WORDS
1 Execution of complete scope of work on Lump sum turn Key basis
within Project schedule adherence to Quality and Safety guidelines
for the complete EPCC package comprising of Vacuum Gas Oil
Hydrotreating Unit (VGO-HDT) along with Refinery Off Gas PSA
(ROGPSA) with complete accessories and auxiliaries for
Rajasthan Refinery Project as per the scope of the bidding
documents which includes Project management, Residual Process
Design, updation of FEED Package, Detailed Design and
Engineering, Third party inspection, procurement, supply,
transportation, port handling, fabrication, construction, erection,
obtaining statutory approvals, installation, Inspection, Testing,
supply of consumables, Pre commissioning, Commissioning start
up, Initial operation and performance testing, including supply of
commissioning and mandatory spares, chemicals, Tools and tackles
etc., handing over to owner, post commissioning assistance services
for operation of the unit for 6 months after commissioning for the
complete plant. The quoted price shall also include the insurance, all
applicable taxes, Duties, Royalty and Levies as per bidding
documents.
Bidder to consider any other material/item also required for
completion of the plant works but not specifically identified and
covered above for completion of EPCC package works.

Lumpsum Price [SP-0] L.S.

Note: In case of any discrepancy between Prices quoted “In Fig.” and “In Words”, the Prices quoted “In Words” shall be considered for evaluation and award.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 9 of 36

Page 629 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY OFF GAS PSA

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


FORM-SP-0A
BREAKUP OF LUMPSUM PRICE BETWEEN LEADER AND OTHER MEMBER FOR CONSORTIUM BID
(FOR THE PURPOSE OF STAKEHOLDING REQUIREMENT BETWEEN CONSORTIUM MEMBERS)

PRIME MEMBER (LEADER) OF CONSORTIUM CONSORTIUM MEMBER (OTHER THAN LEADER)


(A) (C)
(B) (D)
FOREIGN CURRENCY COMPONENT FOREIGN CURRENCY COMPONENT
INDIAN CURRENCY COMPONENT INDIAN CURRENCY COMPONENT
PRICE IN ………. PRICE IN ……….
PRICE IN PRICE IN
(Indicate currency USD or Euro as (Indicate currency USD or Euro as
INDIAN RUPEES (INR) INDIAN RUPEES (INR)
applicable) applicable)

In Fig. ………………………………. In Fig. ………………………………. In Fig. ………………………………. In Fig. ……………………………….

In Words …………………………….... In Words …………………………….... In Words …………………………….... In Words ……………………………....


………………………………………….... ………………………………………….... ………………………………………….... …………………………………………....

a) In case of consortium bids, Leader of consortium shall submit in the unpriced part, the certificate from any one out of their CEO or their CFO or their Company Secretary or any of their
Functional Director in their Board of Members, certifying that each member of the consortium holds at least 25% stake in the consortium and the prices are quoted in the price bid
accordingly. The reference exchange rate for calculation of stakeholding shall be the SBI Bill selling rate of the relevant Foreign Currency as on the first day of the month in which the
bid due date / extended bid due date falls.
b) In case separate payments to consortium members has been opted by the Bidder, then providing the break-up of price between Leader and the other Member is mandatory, else the
payment shall be made to the Leader of the consortium only.

c) Wherever, Bidder has provided break-up of Price between Leader and the other Member of the consortium, after opening of prices, for the purpose of ascertaining the stake of each
consortium member, the stakeholding of leader and the other member shall be arrived by considering the reference exchange rate as the SBI Bill selling rate of the relevant Foreign
Currency as on the first day of the month in which the bid due date / extended bid due date falls.
In accordance with the above calculation methodology, Bidder to quote above “BREAKUP OF LUMPSUM PRICE BETWEEN LEADER AND OTHER MEMBER FOR CONSORTIUM
BID” such that the stake of each consortium member corresponds to the respective percentage of stake specified by the Bidder in the MoU as submitted in the Un-priced part.
In case, after opening of Price Bid it is noticed that the stake breakup worked out as above, does not comply with the break-up of stakeholding declared in the MoU submitted by Bidder,
HRRL shall adjust the prices stake between Leader and Member prior to award of work and as deemed appropriate by them, so that the same are in accordance with the percentage
stake in MoU.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 10 of 36

Page 630 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY OFF GAS PSA

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


d) In case, Bidder has opted for full payment to Leader of consortium only and have not indicated break-up of price between Leader & the other Member of the consortium and the Bidder
is awarded the Contract, the Leader of the consortium along with the final bill, shall submit another certificate from a practicing Chartered Accountant (not being an employee / Director
and not having any interest in the any of the consortium members), certifying that the contract has been executed by each member of the consortium as per the percentage break-up of
stakeholding specified in the MoU/Definite Agreement. The final bill shall be processed only upon receipt of this certificate.
e) On no account revision/change in the Lumpsum Price shall be allowed.
f) In case separate payment to consortium member is opted by the bidder, it shall be upto the consortium members claiming the separate payments to obtain such sanctions, consent
and/or permits required from Reserve Bank of India or other authorities concerned to authorize separate payments to and/or separate accounts of each consortium member, failing of
which all payments will be made only to the Leader of the consortium disregarding of any agreed distribution.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 11 of 36

Page 631 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY OFF
GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-1
BREAK UP OF LUMPSUM PRICE
Schedule of Lump-sum Price for Design and Detailed Engineering

SOLE BIDDER OR PRIME MEMBER (LEADER) CONSORTIUM MEMBER (OTHER THAN


S. OF CONSORTIUM LEADER)
No. DESCRIPTION UNIT
INDIAN CURRENCY FOREIGN
FOREIGN CURRENCY
COMPONENT CURRENCY INDIAN CURRENCY
COMPONENT (IN
(IN INR) COMPONENT (IN COMPONENT
USD/EURO)
USD/EURO)
1 RESIDUAL PROCESS, THERMAL, HYDRAULIC,
MECHANICAL AND
DETAILED ENGINEERING for EPCC-10 Package Complete
Residual Process, Thermal, Hydraulic, mechanical design –

Engineering, detailed engineering, preparation of


Datasheets, Smart plant P&IDs, PFDs, specifications for
procurement, GAD, & Layouts, Smart 3D Model, engineering
fabrication drawings, Procurement& Construction schemes,
Control Logics, Cause & Effect diagrams, Electrical System L.S.
studies, Statutory approval from various Statutory state &
central Government bodies, approval of drawings
&documents from OWNER/EIL, submission of Final
Technical documents, AS BUILTS Documents and 3D
Model, Pre-commissioning, Commissioning and Operating
manuals for all units including packages as per Bidding
Document requirements

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 12 of 36

Page 632 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY OFF
GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-2
BREAK UP OF LUMPSUM PRICE
Schedule of Lump-sum Price for Supply

SOLE BIDDER OR PRIME MEMBER (LEADER) CONSORTIUM MEMBER (OTHER THAN


OF CONSORTIUM LEADER)
S.
No. DESCRIPTION UNIT
INDIAN CURRENCY FOREIGN
FOREIGN CURRENCY
COMPONENT CURRENCY INDIAN CURRENCY
COMPONENT (IN
(IN INR) COMPONENT (IN COMPONENT
USD/EURO)
USD/EURO)
1 Procurement, supply, Third Party Inspection, Transportation,
Port handling, Shop fabrication, Assembly, Testing of all
items, equipment’s, Components, Materials, bought out
items, Procurement of raw materials and sub-ordered
equipment, shop fabrication/assembly, inspection, Charges
for Third party inspection agency(TPIA), testing, supply of L.S.
all commissioning and mandatory spares, consumables,
lubricants, first-fill chemicals, special tools and tackles as
required for work as per Bidding Document requirements for
EPCC-10 Package

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 13 of 36

Page 633 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY
OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-3
BREAK UP OF LUMPSUM PRICE
Schedule of Lump-sum Price for Construction/Installation

SOLE BIDDER OR PRIME MEMBER (LEADER) CONSORTIUM MEMBER (OTHER THAN


OF CONSORTIUM LEADER)
S.
No. DESCRIPTION UNIT INDIAN CURRENCY FOREIGN
FOREIGN CURRENCY
COMPONENT CURRENCY INDIAN CURRENCY
COMPONENT (IN
(IN INR) COMPONENT (IN COMPONENT
USD/EURO)
USD/EURO)
1 Construction, installation, Hook up & tie-ins, pre-commissioning,
etc. and completion of work in all respects for LSTK Package
including Transportation and site handling of material/equipments,
supply of consumables, tools and tackles, field engineering services,
Receipt, storage, conservation, preservation of FIM and contractor
supplied items. Fabrication, construction, assembly, erection at site
for all piping, civil, structural, architectural, mechanical, electrical and
instrumentation works within battery limit, refractory, insulation,
coating, painting, testing, etc. providing all temporary works/structures
and equipment for completion, obtaining statutory approvals, final
hook-up with owner facilities, pre-commissioning, commissioning,
performance testing, guarantee runs, completing all the work in all L.S.
respects to make system smooth, operable and handing over as per
Bidding Document requirements and instructions of the Engineer In
Charge, including assistance services during plant Operation for a
period of 6 Months from the date of Commissioning for the complete
plant as per the provisions of the bidding document. Heavy lift crane
(1600 Ton) & Tailing crane (Capacity 750 Ton) charges including its
transportation, assembly, testing, mobilisation, demobilisation for the
period of 7 days for erection of VGO Reactor.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 14 of 36

Page 634 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY
OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-4
FURTHER BREAK-UP OF PRICE FOR DESIGN & DETAILED ENGINEERING

SOLE BIDDER OR PRIME MEMBER (LEADER) CONSORTIUM MEMBER (OTHER THAN


OF CONSORTIUM LEADER)
S.
No. DESCRIPTION UNIT INDIAN CURRENCY FOREIGN
FOREIGN CURRENCY
COMPONENT CURRENCY INDIAN CURRENCY
COMPONENT (IN
(IN INR) COMPONENT (IN COMPONENT
USD/EURO)
USD/EURO)
1. Complete Residual Process / Thermal / Hydraulic /mechanical
design - Engineering, detailed engineering, preparation of Datasheets,
Smart plant P&IDs, PFDs, specifications for procurement, GAD &
Layouts, engineering & fabrication drawings / schemes, Control
logics, review / approval of drawings & documents from OWNER/ L.S.
EIL, supply of documents / manuals, at all stages as per Bidding
Document requirements, Smart 3-D modelling, AS BUILT and
final documentation.

a Process, Thermal, Hydraulic, Mechanical, Electrical, Instrumentation,


Civil, Structural & Fire & Safety Engineering L.S.

b Detailed Engineering L.S.


c 3D model (30%, 60%, 90% & 100%) L.S.
d Final documentation & AS BUILT submission including Smart plant
P&IDs L.S.

TOTAL OF ABOVE ( a+b+c+d) L.S.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 15 of 36

Page 635 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY
OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-5
FURTHER BREAK-UP OF PRICE FOR SUPPLIES

SOLE BIDDER OR PRIME MEMBER CONSORTIUM MEMBER (OTHER THAN


(LEADER) OF CONSORTIUM LEADER)
S.
No. DESCRIPTION UNIT FOREIGN INDIAN CURRENCY FOREIGN
CURRENCY COMPONENT CURRENCY INDIAN CURRENCY
COMPONENT (IN (IN INR) COMPONENT (IN COMPONENT
USD/EURO) USD/EURO)
1 Procurement, supply, Third Party Inspection, Transportation, Port
handling, Shop fabrication, assembly, Testing of all items,
Equipment’s, Components, Materials, bought out items, Procurement
of raw materials and sub-ordered equipment, shop
fabrication/assembly, inspection, Charges for Third party inspection
agency(TPIA), testing, supply of all commissioning and mandatory
spares, consumables, lubricants, first-fill chemicals, special tools
and tackles as required for work as per Bidding Document
requirements for EPCC-10 Package. (Inland transportation for all
items shall be Quoted under separate Item S. No. xiv)

i Columns & Internals L.S.


ii Heat Exchangers & Air Coolers L.S.

iii Vessels and other static equipment L.S.

iv All Pumps & Compressors L.S.


v HVAC Package L.S.
vi Ventilation & Pressurization System L.S.
vii All auxiliaries (Filters, Strainers, Mixers, Antifoam tank, De-emulsifier, L.S.
Firefighting equipment, Oil Mist System, miscellaneous and other
Packages and equipments, etc.)

viii Piping Material L.S.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 16 of 36

Page 636 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY
OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-5
FURTHER BREAK-UP OF PRICE FOR SUPPLIES

SOLE BIDDER OR PRIME MEMBER CONSORTIUM MEMBER (OTHER THAN


(LEADER) OF CONSORTIUM LEADER)
S.
No. DESCRIPTION UNIT FOREIGN INDIAN CURRENCY FOREIGN
CURRENCY COMPONENT CURRENCY INDIAN CURRENCY
COMPONENT (IN (IN INR) COMPONENT (IN COMPONENT
USD/EURO) USD/EURO)
ix Electrical Material L.S.
x Instrumentation Material L.S.
xi Special Tools & Tackles L.S.
xii Mandatory Spares L.S.
xiii Commissioning Spares L.S.
xiv Inland transportation of all items L.S.
xv Any other material/item also required for completion of the plant works L.S.
but not specifically identified and covered above for completion of
EPCC package works.

TOTAL OF ABOVE L.S.

NOTES:
i) The minor materials for Mechanical Equipment, Electrical, Instrumentation which are required in connection with site installation activities are included under construction – FORM SP-6 in
relevant items.

ii) Prices are inclusive of Third Party Inspection (TPI) charges and Ocean Freight charges and Air freight charges (If any).

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 17 of 36

Page 637 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY
OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-6
FURTHER BREAK-UP OF PRICE FOR CONSTRUCTION / INSTALLATION

SOLE BIDDER OR PRIME MEMBER (LEADER) CONSORTIUM MEMBER (OTHER THAN


OF CONSORTIUM LEADER)
S.
No. DESCRIPTION UNIT INDIAN CURRENCY FOREIGN
FOREIGN CURRENCY
COMPONENT CURRENCY INDIAN CURRENCY
COMPONENT (IN
(IN INR) COMPONENT (IN COMPONENT
USD/EURO)
USD/EURO)
1 Construction, installation, Hook up & tie-ins, pre-commissioning,
etc. and completion of work in all respects for LSTK Package
including Transportation and site handling of material/equipments,
supply of consumables, tools and tackles, field engineering services,
Receipt, storage, conservation, preservation of FIM and contractor
supplied items. Fabrication, construction, assembly, erection at site
for all piping, civil, structural, architectural, mechanical, electrical and
instrumentation works within battery limit, refractory, insulation,
coating, painting, testing, etc. providing all temporary works/structures
and equipment for completion, obtaining statutory approvals, final
hook-up with owner facilities, pre-commissioning, commissioning ,
performance testing, guarantee runs, completing all the work in all
respects to make system smooth, operable and handing over as per
Bidding Document requirements and instructions of the Engineer In
Charge, including assistance services during plant Operation for a
period of 6 Months from the date of Commissioning for the compete
plant as per the provisions of the bidding document. Installation and
Erection of FIM Compressors, Reactor. Heavy lift crane (1600 Ton) &
Tailing crane (750 Ton) charges including its transportation,
assembly, testing, mobilisation, demobilisation for the period of 7 days
for erection of VGO Reactor.

i Civil & Structural Works inclusive of supply materials L.S.


ii Mechanical & Piping Works for all equipments inclusive of supply of
Associated Materials L.S.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 18 of 36

Page 638 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY
OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-6
FURTHER BREAK-UP OF PRICE FOR CONSTRUCTION / INSTALLATION

SOLE BIDDER OR PRIME MEMBER (LEADER) CONSORTIUM MEMBER (OTHER THAN


OF CONSORTIUM LEADER)
S.
No. DESCRIPTION UNIT INDIAN CURRENCY FOREIGN
FOREIGN CURRENCY
COMPONENT CURRENCY INDIAN CURRENCY
COMPONENT (IN
(IN INR) COMPONENT (IN COMPONENT
USD/EURO)
USD/EURO)
iii Electrical & Instrumentation Works inclusive of Supply of L.S.
Associated material.

iv Insulation & Painting inclusive of Supply of Materials L.S.


v Testing & Commissioning (Including Pre-Commissioning) L.S.
vi Conducting Performance Guarantee Test Runs L.S.
vii Loading of Chemicals and Catalyst L.S.
viii Assistance services during plant Operation for a period of 6 Months L.S.
after Commissioning of unit (for details refer Note no.3, 4 & 5 below)

ix Transportation of materials covered under FORM SP-3 L.S.


x Any other material/item also required for completion of the plant works L.S.
but not specifically identified and covered above for completion of
EPCC package works.
TOTAL of ABOVE L.S.

NOTES:
1) The breakup of prices given above are exclusive of supply of materials covered in SP-5 but are inclusive of materials for Civil, Structural, General Civil, Architectural, Painting, Insulation,
Acid/Alkali proofing, consumables, etc.
2) Total price as per FORM SP-6 shall be inclusive of Construction/Erection, testing and commissioning of the materials supplied by Owner (if any, as specified in job specification) including
transportation of materials from Owner's storage point within the Refinery Complex to the Contractor's ware house/work site.
3) Bidder is required to indicate Break-up of Prices for “Assistance services during plant Operation for a period of 6 Months after commissioning” against Sl. No. 1 (viii) above.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 19 of 36

Page 639 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY
OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-6
FURTHER BREAK-UP OF PRICE FOR CONSTRUCTION / INSTALLATION

SOLE BIDDER OR PRIME MEMBER (LEADER) CONSORTIUM MEMBER (OTHER THAN


OF CONSORTIUM LEADER)
S.
No. DESCRIPTION UNIT INDIAN CURRENCY FOREIGN
FOREIGN CURRENCY
COMPONENT CURRENCY INDIAN CURRENCY
COMPONENT (IN
(IN INR) COMPONENT (IN COMPONENT
USD/EURO)
USD/EURO)
4) The requirement of manpower for assistance services during plant operation shall be for “4 persons for six months of continuous plant operation (1 person/ shift for round the clock
operation in three shifts 8 hour each with 1 person for cover up” as specified in Technical Section of Bidding Document.
5) The above quoted price against Sl. No. 1 (viii) shall be prorated in case of addition / deletion of manpower for assistance during Operation for arriving Rate/per man day for 8 hour shift. The
Price quoted in No. 1 (viii) above shall be divided by factor of 720 (4 persons per day for 6 months i.e. 180Man Days).Number of persons shall be increased/decreased based on HRRL
requirements.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 20 of 36

Page 640 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY OFF GAS
PSA

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

FORM-SP-6
PRICE SCHEDULE OF RECOMMENDED SPARES FOR TWO YEARS OPERATION AND MAINTENANCE

DESCRIPTION OF RECOMMENDED RATE


SL. NO. UNIT QTY. AMOUNT
SPARES CURRENCY IN FIGURES IN WORDS
1 2 3 4 5A 5B 5C 8

i) NO.

ii) NO.

iii) NO.

iv) NO.

v) NO.

NOTE :
1) Prices as per FORM SP-7 shall be submitted within 3 months of award of work as per provisions of SCC Cl. No. 34.8.3 (b).
2) These two years Operation and Maintenance (O&M) spares shall not be considered for evaluation.
Prices of two years Operation and Maintenance (O&M) spares shall be kept valid for a period of 12 Months after Contractual Commissioning Owner reserves the right
3)
to place the Order for such O & M Spares.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 21 of 36

Page 641 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY OFF GAS
PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-8A

DETAILS OF GOODS AND SERVICE TAX (GST) ON LUMPSUM PRICE QUOTED AT SP-0 CONSIDERING CONTRACT AS WORKS CONTRACT
SERVICE

Total Celling Amount Total Ceiling Amount out of Percentage (%)


GST compensation cess SAC CODE as
on which GST is (A), where ITC not available Rate of GST
SL. (Refer Note-4 below) per GST act
DESCRIPTION applicable to the OWNER Applicable on (A)
NO. (Refer Note-1 below)
(A) (B) (C) (D) (E)
CGST and SGST on Indian Currency As quoted in FORM-SP-
i)
component (INR) 0 in INR

CGST and SGST on Foreign Currency As quoted in FORM-SP-


ii)
component (USD/EURO) 0 in USD/EURO
NOTE :
Under column (B), Bidder to furnish the ceiling amount out of the Lump-sum Price quoted in FORM SP-0, on which GST is applicable but the input tax credit (ITC) of
1)
GST is not available to the owner for goods/ services mentioned in section 17 (5) of CGST Act.
2) Amount of Non – creditable GST shall be calculated as column (B) X column (C). For loading,100 % of Non-Creditable GST as calculated shall be considered.
3) Creditable GST shall be calculated as {column (A)- column (B)} X column (C). For loading, 60.23 % of Creditable GST as calculated shall be considered.
4) Bidder to ascertain the applicability of Cess on GST as per GST Act/rules. For loading, 100 % of Cess under GST as per column (D) shall be considered.

The GST shall be payable to the Contractor only upon submission of GST invoice in accordance with GST Act, subject to the ceiling mentioned in FORM- 8A. Bidder
5)
while submitting the Invoice shall clearly give the break-up of Creditable / Non-creditable GST, so that OWNER can avail Input credit as per GST Act/Rules.

For evaluation purposes, the foreign currency shall be converted to equivalent Indian Rupees by converting the Foreign Currency into Indian Rupees at the Bill selling
6) 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.
7) GST shall be paid in Indian rupees only as per the provisions of GST Act/Rules.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 22 of 36

Page 642 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY OFF GAS
PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-8B

DETAILS OF GOODS AND SERVICE TAX (GST) ON PWCAMC QUOTED AT SP-11

Total Celling Amount Total Ceiling Amount out of Percentage (%)


GST compensation cess SAC CODE as
on which GST is (A), where ITC not available Rate of GST
SL. (Refer Note-4 below) per GST act
DESCRIPTION applicable to the OWNER Applicable on (A)
NO. (Refer Note-1 below)
(A) (B) (C) (D) (E)
CGST and SGST on Indian Currency As quoted in FORM-SP-
i)
component (INR) 11 in INR

CGST and SGST on Foreign Currency As quoted in FORM-SP-


ii)
component (USD/EURO) 11 in USD/EURO
NOTE :
Under column (B), Bidder to furnish the ceiling amount out ofthe total Price quoted in FORM SP-11, on which GST is applicable but the input tax credit (ITC) of GST is
1)
not available to the owner for goods/ services mentioned in section 17 (5) of CGST Act.
2) Amount of Non – creditable GST shall be calculated as column (B) X column (C). For loading, 100 % of Non-Creditable GST as calculated shall be considered.
3) Creditable GST shall be calculated as {column (A) - column (B)} X column (C). For loading, 60.23 % of Creditable GST as calculated shall be considered.
4) Bidder to ascertain the applicability of Cess on GST as per GST Act/rules. For loading, 100 % of Cess under GST as per column (D) shall be considered.

The GST shall be payable to the Contractor only upon submission of GST invoice in accordance with GST Act, subject to the ceiling mentioned in FORM- 8B. Bidder
5)
while submitting the Invoice shall clearly give the break-up of Creditable / Non-creditable GST, so that OWNER can avail Input credit as per GST Act/Rules.

For evaluation purposes, the foreign currency shall be converted to equivalent Indian Rupees by converting the Foreign Currency into Indian Rupees at the Bill selling
6) 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.
7) GST shall be paid in Indian rupees only as per the provisions of GST Act/Rules.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 23 of 36

Page 643 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY OFF GAS PSA

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

FORM-SP-9
DETAILS OF CUSTOMS DUTY AND CUSTOMS RELATED DUTIES
GST
Basic Custom
Other Custom Related Compensation Custom
CFR VALUE Duty based
CIF VALUE INCLUDED IN duties included in IGST Cess, if Tariff
INCLUDED IN on Import
LumpsumPrice (included in applicable Considered
included in
LUMPSUM (Other than Lumpsum (included in (Bidder to
DESCRIPTION LUMPSUM the Lumpsum
PRICE IGST) Price) Lumpsum indicate)
PRICE Price
Price)
Amount Amount Amount Amount Amount Amount
IN INR IN INR IN INR IN INR IN INR IN INR
(1) (2) (3) (4) (5) (6) (7) (8)

FOR BUILT IN IMPORT As quoted in FORM-SP-


CONTENT INCLUDED IN SP-0 Price 11 in INR

NOTE :

Under the column 2 CFR values of imports shall be indicated. The CIF value under column 3 shall be based on CFR value indicated in Column 2 plus marine insurance charges. Marine Insurance
1)
charges shall be considered @ 0.15% of the CFR value quoted by the Bidder.

2) The Customs Duty and other custom related duties as indicated above shall be included in the quoted price as per the provisions of the Bidding Document.

In column 6 of the above SP FORM, Bidder to indicate Total IGST Amount (Creditable/Non-creditable to contractor) on Built-in import content. The Lumpsum price quoted shall be inclusive of the
3) impact if any, towards the credit/non-credit applicable to the bidder for the IGST on built-in import content. No IGST and /or any variation thereof on such built-in import content shall be separately
payable by the OWNER.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 24 of 36

Page 644 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT
(VGO HDT) AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-10
GUARANTEED VALUES

SL. Remarks
ITEM UNIT Bidder’s Guarantee Figure
NO.

Total Power Consumption for the identified


1 KW
equipment
Total HP Steam Consumption for the identified
2 TPH
equipment
Total MP Steam Consumption for the identified For identified equipment with
3 TPH respect to relevant Sr. No., refer
equipment
Total LP Steam Consumption for the identified Annexure-II of SCC
4 TPH
equipment
Total Fuel Consumption for the identified
5 Kg/hr
equipment

NOTE :

I) Refer Loading Criteria mentioned else wherein Annexure-II of SCC.

II) The guarantee values as above should be quoted in Priced Bid. Guaranteed values should not be quoted/ mentioned in the Un-priced Bid.

All the guarantees as quoted by bidder in this format shall be used for loading purposes at the time of evaluation of the bid and also shall be
III)
guarantee points for demonstrating the same during PGTR.

IV) Reduction of price shall be applicable if bidder fails to meet the Guarantees as quoted herein.

B224-SOP-EPCC-10-HRRL Rev.0 SIGN STAMP OF BIDDER Page 25 of 36

Page 645 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-11 (i)

PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR MACHINE MONITORING SYSTEM

PRICE
SL.
DESCRIPTION FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
NO.
COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)
Comprehensive post warrantee Annual charges for
maintenance of MACHINE MONITORING SYSTEM
after 2 years extended warrantee of all types
comprising of deployment of minimum one
1
Supervisor including supply of spare parts and
deployment of extra personnel required for repair or
replacement of the above systems for the following
periods:
a) First year after expiry of defect liability

b) Second year after expiry of defect liability

c) Third year after expiry of defect liability

d) TOTAL PRICES (a + b + c)

NOTE :
EPCC-10 Contractor to provide 2 years extended warrantee of all MACHINE MONITORING SYSTEM after completion of Defect liability period, Comprehensive
1)
post warrantee Annual maintenance(CPWAMC) contract period shall start after completion of 2 years extended warrantee period.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 26 of 36

Page 646 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-11 (ii)

PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR ANALYSERS

PRICE
SL.
DESCRIPTION FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
NO.
COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)

Comprehensive post warrantee Annual charges for


maintenance of Analysers after 2 years extended
warrantee of all types comprising of deployment of
1 minimum one Supervisor including supply of spare
parts and deployment of extra personnel required for
repair or replacement of the above systems for the
following periods:

a) First year after expiry of extended warranty period

b) Second year after expiry of extended warranty period

c) Third year after expiry of extended warranty period

TOTAL PRICES (a + b + c)

NOTE :
EPCC-10 Contractor to provide 2 years extended warrantee of all Analysers after completion of Defect liability period, Comprehensive post warrantee Annual
1)
maintenance(CPWAMC) contract period shall start after completion of 2 years extended warrantee period.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 27 of 36

Page 647 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-11 (iii)
PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR VFD

PRICE
SL. FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
DESCRIPTION
NO. COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)
Comprehensive post warrantee Annual charges for
maintenance of VFD after 2 years extended
warrantee of all types comprising of deployment of
1 minimum one Supervisor including supply of spare
parts and deployment of extra personnel required for
repair or replacement of the above systems for the
following periods:

a) First year after expiry of extended warranty period

b) Second year after expiry of extended warranty period

c) Third year after expiry of extended warranty period

d) Forth year after expiry of extended warranty period

e) Fifth year after expiry of extended warranty period

TOTAL PRICES (a + b + c + d + e)

NOTE :
EPCC-10 Contractor to provide 2 years extended warrantee of all VFD after completion of Defect liability period, Comprehensive post warrantee Annual
1)
maintenance(CPWAMC) contract period shall start after completion of 2 years extended warrantee period.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 28 of 36

Page 648 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-11 (iv)

PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR PLC

PRICE
SL.
DESCRIPTION FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
NO.
COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)
Comprehensive post warrantee Annual charges for
maintenance of PLC after 2 years extended
warrantee of all types comprising of deployment of
1 minimum one Supervisor including supply of spare
parts and deployment of extra personnel required for
repair or replacement of the above systems for the
following periods:

a) First year after expiry of extended warranty period

b) Second year after expiry of extended warranty period

c) Third year after expiry of extended warranty period

TOTAL PRICES (a + b + c)
NOTE :
EPCC-10 Contractor to provide 2 years extended warrantee of all PLCs after completion of Defect liability period. Comprehensive post warrantee Annual
1)
Maintenance Contract (CPWAMC) period shall start after completion of 2 years extended warrantee period.

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 29 of 36

Page 649 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-11 (v)

PRICES FOR POST WARRANTEE COMPREHENSIVEANNUAL MAINTENANCE CONTRACT SERVICES FOR SOFT STARTERS

PRICE
SL. FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
DESCRIPTION
NO. COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)
Comprehensive post warrantee Annual charges for
maintenance of SOFT STARTERS comprising of
deployment of minimum one Supervisor including
1
supply of spare parts and deployment of extra
personnel required for repair or replacement of the
above systems for the following periods:

a) First year after expiry of defect liability

b) Second year after expiry of defect liability

c) Third year after expiry of defect liability

d) Fourth year after expiry of defect liability

e) Fifth year after expiry of defect liability

TOTAL PRICES (a + b + c + d + e)

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 30 of 36

Page 650 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-11 (vi)

PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR SUBSTATION AUTOMATION SYSTEM (SAS)

PRICE
SL. FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
DESCRIPTION
NO. COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)
Comprehensive post warrantee Annual charges for
maintenance of complete SUBSTATION
AUTOMATION SYSTEM (SAS)comprising of
1 deployment of minimum one Supervisor including
supply of spare parts and deployment of extra
personnel required for repair or replacement of the
above systems for the following periods:

a) First year after expiry of defect liability

b) Second year after expiry of defect liability

c) Third year after expiry of defect liability

d) Fourth year after expiry of defect liability

e) Fifth year after expiry of defect liability

TOTAL PRICES (a + b + c + d + e)

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 31 of 36

Page 651 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-11 (vii)

PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR UPS

PRICE
SL. FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
DESCRIPTION
NO. COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)

Comprehensive post warrantee Annual charges for


maintenance of UPS of all types comprising of
deployment of minimum one Supervisor including
1
supply of spare parts and deployment of extra
personnel required for repair or replacement of the
above systems for the following periods:

a) First year after expiry of defect liability

b) Second year after expiry of defect liability

c) Third year after expiry of defect liability

d) Fourth year after expiry of defect liability

e) Fifth year after expiry of defect liability

TOTAL PRICES (a + b + c + d + e)

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 32 of 36

Page 652 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-11 (viii)

PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR DC SYSTEM

PRICE
SL. FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
DESCRIPTION
NO. COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)

Comprehensive post warrantee Annual charges for


maintenance of DC System of all types comprising
of deployment of minimum one Supervisor including
1
supply of spare parts and deployment of extra
personnel required for repair or replacement of the
above systems for the following periods:

a) First year after expiry of defect liability

b) Second year after expiry of defect liability

c) Third year after expiry of defect liability

d) Fourth year after expiry of defect liability

e) Fifth year after expiry of defect liability

TOTAL PRICES (a + b + c + d + e)

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 33 of 36

Page 653 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-11 (ix)

PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR THYRISTOR CONTROL PANEL FOR HEATER

PRICE
SL. FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
DESCRIPTION
NO. COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)
Comprehensive post warrantee Annual charges for
maintenance of Thyristor control panel for heater of
all types comprising of deployment of minimum one
1 Supervisor including supply of spare parts and
deployment of extra personnel required for repair or
replacement of the above systems for the following
periods:
a) First year after expiry of defect liability

b) Second year after expiry of defect liability

c) Third year after expiry of defect liability

d) Fourth year after expiry of defect liability

e) Fifth year after expiry of defect liability

TOTAL PRICES (a + b + c + d + e)

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 34 of 36

Page 654 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-11 (x)

PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR CATHODIC PROTECTION SYSTEM

PRICE
SL.
DESCRIPTION FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
NO.
COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)

Comprehensive post warrantee Annual charges for


maintenance of CATHODIC PROTECTION
SYSTEM of all types comprising of deployment of
1 minimum one Supervisor including supply of spare
parts and deployment of extra personnel required for
repair or replacement of the above systems for the
following periods:

a) First year after expiry of defect liability

b) Second year after expiry of defect liability

c) Third year after expiry of defect liability


d) TOTAL PRICES (a + b + c)

NOTE :

1) EPCC-10 Contractor to provide CPWAMC of all CATHODIC PROTECTION SYSTEM after completion of Defect liability period,

B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 35 of 36

Page 655 of 13748


PROJECT : RAJASTHAN REFINERY PROJECT (RRP)
OWNER : M/S. HPCL RAJASTHAN REFINERY LIMITED

NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT
(VGO HDT) AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006

FORM-SP-12
PREFILLED HEAVY LIFT CRANE RETENTION CHARGE

PRICE (INR) PER DAY


SL.
ITEM In case of Consortium bid,
NO.
Bidder to indicate name of
IN FIGS. IN WORDS consortium member who will
be responsible for Heavy Lift
Crane arrangement
Heavy Lift Crane(1600 Ton) retention charges INR xxxxxxxxx / Day INDIAN RUPEES xxxxxxx PER
1) ……………………
after 7 days Shall be provided shortly DAY Shall be provided shortly

NOTE :

I) Additional retention charges on per day basis shall be payable only for Erection of Reactor.

II) Crane Retention Charges given above is in Per Day basis.

III) Mobilization and demobilization already covered in main scope of work, hence no additional mobilization & demobilization charges shall be given.

IV) Additional Retention of Heavy lift crane need approval and certification of retention days from Engineer In-charge for settlement of payment.

V) Bidder to submit signed & stamped copy along with un-priced and priced bid submission.

Signature Not Verified


Digitally signed by Abhishek
Date: 2019.05.01 12:37:04 IST
Location: eProcure
B224-SOP-EPCC-10-HRRL Rev.0 NAME OF BIDDER Page 36 of 36

Page 656 of 13748

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