1

Aa^yala eND naocaurla gaOsa ka^rpaoroSana ilaimaToD

OIL AND NATURAL GAS CORPORATION LTD. MUMBAI REGION, URAN PLANT, URAN Room No-117, Dronagiri Bhavan Tel No-022-27234755 / 50 , Fax: 022-27222811 NO. : MR/URN/28/C/CC/5-M/20009-10/ UP1R L1 0004 To, M/s __________________________________________ ______________________________________________ ______________________________________________ Subject: - Application of Titanium Putty & Brush able Ceramic coating on heat exchangers at Uran Plant, Uran. Dear Sir/Madam, Please find enclosed herewith-tender document for the job of Application of Titanium Putty on heat exchangers at Uran Plant, Uran The tender document consists of total 69 pages including this letter. Tenders should be submitted in two bid system comprising of:1. Techno-commercial bid: - Tender documents along with all its enclosures as mentioned in the Bid Evaluation Criteria in one envelope super scribing Techno-commercial bid and duly sealed. Any deviation or exception, if any, should be submitted with this bid only. 2. Price bid: - The rate shall be filled only in the schedule given in this tender document and should be placed in a separate envelope super scribing Price Bid and duly sealed. No other document or terms and conditions should be put in the price bid. Both these envelopes containing Techno-commercial and Price Bid should be enclosed together in a third envelope, duly sealed and be super scribed with the subject of the tender should reach on or before Dated 16.04.2010 up to 1400 Hrs. The tenders will be opened at 1500 Hrs. on the same day, if possible. Tenders delayed in post or for any other reason will not be entertained. Thanking you. Yours faithfully, CE(M) CC For DGM (P)-I/C C/Cell Date:- 19 . 03 .2010

Aa^yala eND naocaurla gaOsa ka^rpaoroSana ilaimaToD

OIL AND NATURAL GAS CORPORATION LTD. MUMBAI REGION, URAN PLANT, URAN Room No-117, Dronagiri Bhavan Tel No-022-27234755 / 50 , Fax: 022-27222811 NO. MR/URN/28/C/CC/5-M/2009-10/UP1R L1 0004 TENDER NOTICE 1. Oil and Natural gas Corporation Limited, Uran Plant, Uran invites Sealed Tenders under LIMITED TENDER TWO BID SYSTEM from the indigenous prospective bidders 2. However, tender enquiry may also be issued to those bidders who meet the under mentioned Pre-qualification Criteria (PQC). The request from such bidders should however be sent (preferably in person) on or before 05/04/2010 to DGM (P), I/C Contract Cell, Room No-116 .Dronagiri Bhavan, ONGC Ltd., Uran Plant, Uran to issue the tender document Name of the Work : Application of Titanium Putty & Brush able Ceramic coating on heat exchangers at Uran Plant, Uran Tender No. : MR/URN/28/C/CC/5-M/2009-10/UP1R L1 0004 Section : Contract Cell, 117, Dronagiri Bhavan, ONGC, Uran Plant, Uran -400 702 Type of Tender : National, Limited Tender in Two Bid System. Notification Date : 19 . 03 .2010 Cost of Tender Document : Nil [Free of Cost] : On all working days from 19. 03 .2010 to 29-03-2010 between 1000 Hrs. Period of issue of Tender to approved list of venders to 1630 Hrs. Receiving request for issue of tender from On all working days from 19. 03 .2010 to 29-03-2010 between 1000 Hrs. to vendors other than the approved List (From : 1630 Hrs. the date of publication on the web site.) Verification & Scrutiny of such request by : the indenter and issue of tender document 05.04.2010 to eligible bidders (including the time required for receiving same by the bidder) Submission/Closing Date : 16.04.2010 at 1400 Hrs. Opening Date : On 16.04.2010 at 1500 Hrs (If possible) : Rs.43,615 (Rupees Forty Three Thousand Six Hundred Fifteen Only) Payable in the form of Crossed Demand Draft in favor of Dy. General Earnest Money Deposit (EMD) Manager (F&A), ONGC, Uran Plant, Uran, payable at Uran only, issued by any Nationalized / Scheduled Commercial Bank Pre Qualification & Experience : 1. Non-transferable tender document shall be issued on payment of required tender Fee, to those bidders who submit the following minimum document with their application at the time of purchase. Bidder should have minimum 02 (Two) Years of experience in providing similar services such as Application of Titanium Putty & Brush able Ceramic coating on Heat Exchangers, Pressure vessels in the field of Petro-Chemical Industry OR Chemical industry OR Refinery OR Fertilizer Plant OR Power Plant OR PSU OR Hydro Carbon Industries OR Hydro Carbon Process Plant OR Government Organization OR Industrial Units. In this regard the bidder should have executed at least 02 (Two ) Contracts/Work orders of similar nature in 02 (Two )different financial years during the last seven years, ending last day of month previous to the one in which applications are invited. Date:- 19 . 03 .2010

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They must submit notarized copies of Work Orders / Contracts, along with the notarized copies of their job completion report. In case of non availability of the job completion report, bidder must submit their documentary evidences as given below duly notarized, in proof of their satisfactory completion of each of those contracts.
i. ii. iii.

Satisfactory Completion / Performance report OR Proof of release of Performance Security after completion of the contract OR

Proof of settlement /release of final Payment against the contract OR iv. Any other notarized documentary evidence that can substantiate
v.

the satisfactory execution of each of the contract cited above from reputed leading public & private sector clients in support of above. The work orders should be dated on or after 01/04/2003 2. In line with above Services, the bidder must have executed the job of Application of Titanium Putty & Brush able Ceramic coating jobs having work order value as below: i. A single work order of value not less than Rs.17,44,600/(Rupees Seventeen Lakhs Forty Four Thousand Six Hundred Only) OR ii. Two work orders of value not less than 10,90,380/- (Rupees Ten Lakhs Ninety Thousand Three Hundred Eight Only) each OR Three work orders of value not less than Rs. 8,72,300/(Rupees Eighty Lakhs Seventy Two Thousand Three Hundred Only) each

iii.

They must submit notarized copies of Work Orders / Contracts, along with the notarized copies of their job completion report OR Documents as mentioned at clause 1 above. The work orders should be dated on or after 01/04/2003 3. In case the bidder is not a manufacturer of the said putty, then the bidder is required to obtain the documentary evidence in respect of the Technical suitability for the said application as mentioned, from the concerned OEM and submit the same along with the technocommercial bid. The Bidder should submit notarized copy of proof of Registration of their establishment/ firm under any one of the following categories i. Indian Companies Act 56. ii. Indian Partnership Act32. iii. Shops and Establishment Act 48 iv. Factories Act 48 v. Directorate of Industries / NSIC Ltd. 4. The Bidder shall submit the notarized copy of their EPF allotment letter5 issued by Regional Provident Fund Commissioner along with the notarized copy of latest monthly remittances paid 6to Regional Provident Fund authorities., along with the Techno-commercial bid,

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5. The bidder must confirm in their Techno- commercial bid, about the acceptance of LD Clause, Force Majeure Clause, Failure & Termination Clause, Security Deposit Clause, Arbitration Clause, Jurisdiction Clause, Payment Clause, Tax/ duties / levies clause and Warranty & Guarantee Clause etc. in Toto as mentioned in tender document The bidder shall either submit a notarized copy of valid Registration Certificate under Service Tax Rules OR an under taking for submission of a notarized copy of requisite Service Tax Registration certificate along with the first invoice submitted for payment against the purchase order in favour of the firm along with Technocommercial bid. The bidder should confirm furnishing of Performance Bank Guarantee for 10% of the annualized contract value strictly as per the Performa enclosed in the tender document within Two weeks of signing of contract. The successful bidder has to give an undertaking that they will provide all the necessary certificates / documents for enabling ONGC to avail in put VAT Credit and CENVAT credit benefits (wherever applicable), in respect of the payments of VAT, Excise Duty, Service Tax etc which are payable against the contract (if awarded) along with documentary evidence for payment of excise duty and service tax. The bidders should submit a declaration to the effect that neither the bidder themselves, nor any of its allied concerns, partners or associates OR directors OR proprietors involved in any capacity, are currently serving any banning orders issued by ONGC debarring them from carrying on business dealings with ONGC. Offers not accompanied with the said declaration will be debarred from carrying out business dealings with ONGC. No deviations / exceptions to the bid conditions shall be acceptable. No cognizance will be taken for postal delays. The tenders have to be submitted by the due date and time as Per NIT. a). ONGC reserves the right to reject or prefer any bid and to annul the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the ground for ONGCs action.

6.

7.

8.

9.

Other Conditions

1. : 2. 3. 4.

Tender issuing office address Tender submission Address

: :

b) The ONGC also reserves to itself the right to accept any bid in part or spilt the order between two or more bidders. Office of Chief Engineer (M), Contact Cell, Room No.117, Dronagiri Bhavan, ONGC, Uran Plant, Navi Mumbai-400702, Dist.- Raigad. Tender box kept at the Office of Chief Engineer (Mech.), Contact Cell, Room No.117, Dronagiri Bhavan, ONGC, Uran Plant. Navi Mumbai-400702, Distt.- Raigad

Chief. Engineer (M) For DGM (P) - I/C C/Cell

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INDEX Annexure - I Instruction to Bidders Clauses Covering Letter Tender Notice Index Eligibility of the Bidder Tender Fee Transfer of Bidding Document Cost of Bidding Content of Bidding Document Language and Signing of Bid Clarification in Respect of Incomplete Offers Documents Comprising the Bid Bid Security /Bid Bond Price Schedule Bid Currencies Payment Clause Vague and Indefinite Expressions Period of Validity of Bids Bid Security Offers With Fax Bid Bonds Sealing and Marking of Bids Deadline for Submission of Bids Late Bids Modification and Withdrawal of Bids Opening of Bids Evaluation and Comparison of Bids Unsolicited Post Tender Modifications Examination of Bids Specifications Purchase Preference to Central PSUS Contacting the ONGC Award Criteria ONGCs Right to Accept Any Bid and To Reject Any or All Bids Notification of Award Mobilization period Contract Period Job Completion Schedule Signing Of Contract Performance Security Correspondence Representation from the bidder. Appendix-1 Bidding Document Acknowledgement Proforma Appendix-2 Bid Submission Proforma Appendix-3 Bid Submission Agreement Proforma Appendix-4 Authorization Letter for Attending Tender Opening Appendix-5 Proforma of Bank Guarantee towards Bid Security Appendix-6 Proforma Certificate on Relatives of Directors of ONGC Appendix-7 Bidders Past Services (Similar) Proforma Appendix-8 Proforma for Changes/Modifications Sought by Bidders to the Bidding Conditions

Sl. 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. 31. 32. 33. 34. 35. 36. 37. 38. 39.

Page No. 1 2-4 5-7 8 9 9 9 9 10 11 11 11 12 12 12 13 13 13 14 14 15 15 15 15 15 15 15 15 15 16 16 16 16 16 16 16 16 17 17 17 18 18 20 21 22-23 24 25 26

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Annexure II Contract and General Contract Conditions Clauses Definitions Scope of Work/Contract Duration of the Contract Notices and Addresses Duties and Power/Authority Contractors Representative Contract Document Remuneration and payment terms Claims/Taxes & Duties, Fees and Accounting Performance Performance Bond Security deposit Forfeiture of Security Deposit / Bank Guarantee Period of Liability Discipline Safety & Labour Laws Secrecy Statutory Requirement Insurance Indemnity Agreement Patent Indemnity Independent Contractor status Termination Inspection Severability Consequential Damages Liquidated Damages Change in Laws Liability of the Government of India Force Majeure Employment by Firms to Officials of ONGC Preference to Local Companies Jurisdiction and Applicable Law Arbitration Labour Laws Arbitration and Other Legal Matters Observance of Labour Laws Govt. Directive on Employment of Labour Continuance of the Contract Payment of Wages to Laborers Interpretation Entire Agreement Site Pollution Responsibility Appendix-1 CHECK LIST Annexure III General Obligations 49. 50. Contractors Obligations Material/ Facility provided by ONGC 48 48

Sl. 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. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43.

Page No. 27-29 29 29 29 30 30 30 31 32 33 33 33 33 34 34 34 34 34 34 37 38 38 38 39 39 39 39 40 41 41 41 41 42 42 42 42 43 43 43 44 45 45 46-47

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Annexure IV Safety and security Code for ONGC, Uran 51. Safety and security Code for ONGC, Uran. Annexure V Scope of Work 53. Scope of Work- Application of Titanium Putty & Brush able Ceramic coating on heat exchangers at Uran Plant, Uran Annexure VI 60 61 61 62 BEC BEC Matrix Annexure VII Lump-Sum Price Format PART-I Break up of Lump-Sum Price PART-II ======== 65 66-68 54-57 58-64 51-53 49-50

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ANNEXURE- I INSTRUCTIONS TO BIDDERS 1. ELIGIBILITY AND EXPERIENCE OF THE BIDDER:a) Bidder should have minimum 02 (Two) Years of experience of providing similar services such as Application of Titanium Putty & Brush able Ceramic coating on Heat Exchangers, Pressure vessels in the field of Petro-Chemical Industry OR Chemical industry OR Refinery OR Fertilizer Plant OR Power Plant OR PSU OR Hydro Carbon Industries OR Hydro Carbon Process Plant OR Government Organization OR Industrial Units. In this regard the bidder should have executed at least 02 (Two ) Contracts/Work orders of similar nature in 02 (Two )different financial years during the last seven years, ending last day of month previous to the one in which applications are invited. They must submit notarized copies of Work Orders / Contracts, along with the notarized copies of their job completion report In case of non availability of the job completion report, bidder must submit their documentary evidences as given below duly notarized, in proof of their satisfactory completion of each of those contracts.
i. ii. iii. iv.

Satisfactory Completion / Performance report OR Proof of release of Performance Security after completion of the contract OR Proof of settlement /release of final Payment against the contract OR Any other notarized documentary evidence that can substantiate the satisfactory execution of each of the contract cited above from reputed leading public & private sector clients in support of above

The work orders should be dated on or after 01/04/2003 b) In line with above Services, the bidder must have executed the job of Application of Titanium Putty & Brush able Ceramic coating jobs having work order value as below. i. A single work order of value not less than Rs.17,44,600/- (Rupees Seventeen Lakhs Forty Four Thousand Six Hundred Only) OR ii. iii. Two work orders of value not less than 10,90,380/- (Rupees Ten Lakhs Ninety Thousand Three Hundred Eight Only) each OR Three work orders of value not less than Rs. 8,72,300/- (Rupees Eighty Lakhs Seventy Two Thousand Three Hundred Only) each

They must submit notarized copies of Work Orders / Contracts, along with the notarized copies of their job completion report OR Documents as mentioned at clause 1. a). The work orders should be dated on or after 01/04/2003 c) In case the bidder is not a manufacturer of the said putty, then the bidder is required to obtain the documentary evidence in respect of the Technical suitability for the said application as mentioned, from the concerned OEM and submit the same along with the techno-commercial bid. The Bidder should submit notarized copy of proof of Registration of their establishment/ firm under any one of the following categories. i. Indian Companies Act 56. ii. Indian Partnership Act32. iii. Shops and Establishment Act 48 iv. Factories Act 48 v. Directorate of Industries / NSIC Ltd. The Bidder shall submit the notarized copy of their EPF allotment letter5 issued by Regional Provident Fund Commissioner along with the notarized copy of latest monthly remittances paid 6to Regional Provident Fund authorities., along with the Techno-commercial bid, The bidder shall submit along with Techno-Commercial bid, Bid-bond/EMD for an amount of Rs.43,615 (Rupees Forty Three Thousand Six Hundred Fifteen Only) in the form of a Crossed Demand Draft / Pay Order of any Indian Nationalized Bank/ Scheduled Commercial Bank, valid for 150 days from the last day of the bid Submission date, issued in the name of DGM (F&A), ONGC, Uran Plant, Uran Payable at Mumbai /Uran OR in the form of a Bank Guarantee as per prescribed format. The Bank Guarantee must be valid for

d)

e)

f)

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30 days beyond the required validity of the bid. Offers without EMD will not be considered and summarily rejected. g) NO Earnest money / bid bond / bid security in the form of Bank Draft or in lieu thereof Bid Bond, will be necessary from Public Sector Undertakings. The firms registered with NSIC will also be exempted from furnishing bid bond / bid security / earnest money against the instant tender, irrespective of monetary limit mentioned in their Registration Certificate ,provided they submit , evidence that they are registered for the item(s) they intend to quote The bidder must confirm in their Techno- commercial bid, about the acceptance of LD Clause, Force Majeure Clause, Failure & Termination Clause, Security Deposit Clause, Arbitration Clause, Jurisdiction Clause, Payment Clause, Tax/ duties / levies clause and Warranty & Guarantee Clause etc. in Toto as mentioned in tender document The bidder shall either submit a notarized copy of valid Registration Certificate under Service Tax Rules OR an under taking for submission of a notarized copy of requisite Service Tax Registration certificate along with the first invoice submitted for payment against the purchase order in favor of the firm along with Techno-commercial bid. The bidder should confirm furnishing of Performance Bank Guarantee for 10% of the annualized contract value strictly as per the Performa enclosed in the tender document within Two weeks of signing of contract. The successful bidder has to give an undertaking that they will provide all the necessary certificates / documents for enabling ONGC to avail in put VAT Credit and CENVAT credit benefits (wherever applicable), in respect of the payments of VAT, Excise Duty, Service Tax etc which are payable against the contract (if awarded) along with documentary evidence for payment of excise duty and service tax. The bidders should submit a declaration to the effect that neither the bidder themselves, nor any of its allied concerns, partners or associates OR directors OR proprietors involved in any capacity, are currently serving any banning orders issued by ONGC debarring them from carrying on business dealings with ONGC. Offers not accompanied with the said declaration will be debarred from carrying out business dealings with ONGC.

h)

i)

j) k)

l)

2. TENDER FEE The offer will not be considered without tender fee. The Government Departments are exempted from payment of tender fee. In the event a particular tender is cancelled, the tender fee will be refunded to the concerned Bidder. However for this instant tender - UP1RL10004, No tender fee is required and tender document is being issued Free of cost to all the eligible venders. 3. TRANSFER OF BIDDING DOCUMENT 4. COST OF BIDDING

The Bidding document is not transferable. The Bidder shall bear all costs associated with the preparation and submission of its bid, and the ONGC will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

A.
5. CONTENT OF BIDDING DOCUMENTS 7.1.

THE BIDDING DOCUMENT

The services required, bidding procedures and contract terms are described in the bidding document. In addition to the Invitation for Bids, the bidding documents include: ANNEXURE I Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 6 : : : : : : : Instructions to bidders Bidding Document Acknowledgement Performa Bid submission Performa Bid submission Agreement Performa. Performa of Authorization Letter for attending Tender Opening Performa of Bank Guarantee towards Bid Security Performa of Certificate on Relatives of Directors

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Appendix 7 Appendix 8 ANNEXURE II Appendix 1 ANNEXURE III ANNEXURE IV ANNEXURE -V ANNEXURE VI ANNEXURE VII 7.2. : : : : : : : : : Performa for bidders past services (similar) Performa for changes/ modifications sought by Bidders to the bidding conditions General conditions along with appendix. Check List General Obligations Safety and security code for ONGC SCOPE OF WORK BEC & /BEC MATRIX Price schedule (part-I & Part-II

The bidders are expected to examine all instructions, forms, terms and specifications in the bidding documents. Failure to furnish all information required by the bidding documents will be at the bidders risk. Tenders not complying with tender conditions and not conforming to tender specifications will result in the rejection of its bid without seeking any clarifications. Also, bidders are expected to visit the site for assessment of quantum of jobs before submission of their offers preferably on the day of Pre-bid conference.

B.
6. LANGUAGE AND SIGNING OF BID 7.1.

PREPARATION OF BIDS

The bid prepared by the bidder and all correspondence and documents relating to the bid exchanged by the Bidder and the ONGC shall be written in English language. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation of the relevant passages in English, in which case, for purposes of interpretation of the bid, the translation shall prevail. Bids shall be submitted in the prescribed bid Performa as per appendix 1 to 8 of Annexure-I. The prescribed Performa at appendix of Annexure I, duly filled in and signed should be returned intact whether quoting for any item or not. When items are not being tendered for, the corresponding space should be defaced by some such words as "Not Quoting". In the event of the space on the bid Performa being insufficient for the required purpose, additional pages may be added. Each such additional page must be numbered consecutively, showing the tender number and should be duly signed. In such cases reference to the additional page(s) must be made in the bid. Bidders are requested to note that they have to number all the pages serially of their offers without fail. The bid Performa referred to above, if not returned or if returned but not duly filled in will be liable to result in rejection of the bid. The Bidders are advised in their own interest to ensure that all the points brought out in the check list & BEC Matrix are complied with in their bid, failing which the offer is liable to be rejected. The bids can only be submitted in the name of the Bidder in whose name the bid documents were issued by ONGC. The bid papers, duly filled in and complete in all respects shall be submitted together with requisite information and Annexure / appendix. It shall be complete and free from ambiguity, change or interlineations. The bidder should indicate at the time of quoting against this tender their full postal and telegraphic/telex / fax addresses and also similar information in respect of their authorized agents in India, if any. The Bidder shall sign its bid with the exact name of the firm to whom the contract is to be issued. The bid shall be duly signed and sealed by an executive officer of the Bidder's organization. Each bid shall be signed by a duly authorized officer and in the case of a Corporation the same shall be sealed with the corporation seal or otherwise appropriately executed under seal. The bidder shall clearly indicate their legal constitution and the person signing the bid shall state his capacity and also source of his ability to bind the Bidder.

7.2.

7.3.

7.4. 7.5. 7.6.

7.7. 7.8.

7.9.

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7.10. The power of attorney or authorization, or any other document consisting of adequate proof of the ability of the signatory to bind the bidder, shall be annexed to the bid. ONGC may reject outright any bid not supported by adequate proof of the signatory's authority. The Bidder, in each tender, will have to give a certificate in its offer, that the terms and conditions (Annexure I and II), as laid down in this bidding document are acceptable to it in Toto. Any interlineations, erasures or overwriting shall be valid only if they are initialed by the person or persons signing the bid. The complete bid including the prices must be written by the bidders in indelible ink. Bids and or prices written in pencil will be rejected.

7.11. 7.12. 7.13.

7. CLARIFICATION IN RESPECT OF INCOMPLETE OFFERS 7.1. 7.2. ONGC has to finalize its purchase within a limited time schedule. Therefore, ONGC will not seek any clarifications in respect of incomplete offers. Prospective bidders are advised to ensure that their bids are complete in all respects and conform to ONGC's terms, conditions and bid evaluation criteria of the tender. Bids not complying with ONGC's requirement will be rejected out rightly without seeking any clarification.

8. DOCUMENTS COMPRISING THE BID The bid prepared by the Bidder shall comprise the following components, duly completed: 7.1. Price schedule. Documentary evidence establishing that the Bidder is eligible to bid and is qualified to perform the contract if its bid is accepted. The documentary evidence of the Bidder's qualifications to perform the Contract, if its bid is accepted, shall establish to the ONGC's satisfaction: 7.2. 7.3. 7.4. That the Bidder should meet all the criteria prescribed in the Bid Evaluation Criteria & BEC Matrix (Annexure-Iv). Documentary evidence that the services to be rendered by the Bidder conform to the requirements of bidding documents. The Un-priced bid Performa i.e. Schedule of Rate format provided in the tender document is also to be enclosed along with technical bid but leaving the price columns blank or unwritten. Bidder are advised not to add any terms & conditions / deviations in their price bid and if found any deviations / terms & conditions after opening of price bid of the firm, the offer submitted by the firm will be rejected out rightly. The documentary evidence of conformity of the services to the bidding documents may be in the form of literature, drawings and data and shall consist of: a. b. A detailed description of essential technical and performance characteristics of the services. An item-by-item commentary on the ONGCs technical specifications demonstrating conformity to the provisions of the technical specifications of the bidding document.

7.5.

9. Bid Security/ Bid Bond:7.1. The bidders will have to furnish EMD for. Rs.43,615 (Rupees Forty Three Thousand Six Hundred Fifteen Only) in the form of crossed demand draft to be drawn in favor of Deputy General Manager (F&A), ONGC, Uran Plant, Uran, issued from any nationalized / Scheduled Commercial Bank of India or in the form of bid bond / bank guarantee with a validity of at least 150 days from the date of prescribed submission of bid date as per Appendix 5 of Annexure - I, having full contents / paragraphs, provided in the tender document along with their technical bid. The EMD submitted by the bidders shall be refunded after the finalization of the contract, in the form of Cheques / ECS against Demand Draft submission and in case of bank guarantee, same will be released & interest on it shall not be payable. Any change in contents / paragraph of the Bid Bond format as provided in the tender document will be sole reason for rejection of offer out rightly. 7.2. Tenders received without EMD shall be summarily rejected.

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7.3. EMD shall be forfeited in any of the following cases:a. If the Bidder withdraws or modifies his tender / bid during the validity period. b. 10. PRICE SCHEDULE The Bidder shall complete the appropriate price schedule furnished in the bidding document, indicating the services to be provided as per the work scope and schedule of rates thereof. 7.1. Price Bid The bidders shall indicate on the appropriate price schedule the net unit prices (wherever applicable) Schedule of Rates format should be read with all other Sections of this bid package. No bid will be accepted on any forms other than the one provided by the ONGC in its tender and such offer submitted by the bidder will be out rightly rejected. Prices quoted by the bidder shall be firm during the bidders performance of the contract and not subject to variation on any account. Discount: Bidders are advised not to indicate any separate discount. Discount, if any, should be merged with the quoted prices. Discount of any type, indicated separately, will not be taken into account for evaluation purpose. However, in the event of such an offer, without considering discount, is found to be lowest, ONGC shall avail such discount at the time of award of contract. Concessions Permissible Under Statutes Bidder, while quoting against this tender, must take cognizance of all concessions permissible under the statutes including the benefit under central sale tax act, 1956, failing which it will have to bear extra cost where Bidder does not avail confessional rates of levies like customs duty, excise duty, sales tax, etc. ONGC will not take responsibility towards this. Income Tax Liability The bidder will have to bear all Income Tax liability both corporate and personal tax. Having been selected as a successful bidder fails or refuses to accept the work order or refuses to sign the agreement with ONGC

7.2. 7.3.

7.4.

7.5.

11. BID CURRENCIES Bidders should quote firm prices in Indian rupee only. Prices quoted in any other currency shall not be considered. 12. PAYMENT CLAUSE 7.1. Payment terms : a. 100% Payment shall only be made after satisfactory completion of jobs Exchanger wise as per scope of work given in the tender document. b. Bill/invoice should be raised in the name of DGM (F&A), ONGC; Uran. c. For payment of the bill, Contractor has to produce the bill / invoice in quadruplet at our Central Dispatch section, Ground Floor, HR/ER Section, Dronagiri Bhavan, Uran Plant. Uran, inscribing the concerned user section for allotment of tracking number. After allotment of tracking number, HR/ER shall forward the bills/invoices to concerned user section. Soon after completion of the jobs in all respect and as stated above, the concerned user section shall certified the bills/invoices for payment purpose and forwarded the three copies of bills/invoices to Engineer in charge for verification. After verification, the Engineer In Charge shall forward the two copies of bills/invoices to finance section for release of payments to the contractor. Payment shall be made within 15 working days from the date of receipt of the bill in the central dispatch section.

d. In the event of any dispute in a portion or whole of any invoice, the CORPORATION shall make payment of undisputed portion and shall promptly notify the Contractors representative in writing for the remaining portion in CONTRACT to mutually resolve the dispute and if resolved in part or full, payment shall be release to the CONTRACTOR within 30 working days of such settlement. e. No advance payment and mobilization / demobilization charges at any stage and at any time will be made to the contractor.

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f. Final bill of the work shall be cleared only after submitting the proof of surrender of all photo gate passes issued to the contractor. The proof of surrender of photo gate passes has to be obtained from issuing authority, and to be submitted to the concerned Engineer In charge before getting cleared the final bill.

g. Receipts for payment made on account of a work, when executed by a firm on partnership must also be signed by the serving partners, except where the contractors are described in their tenders as a firm in which case the receipts must be signed in the name of the firm by one of the partners, or by some person having authority to give effectual receipt for the same. 7.2. 7.3. Deduction of taxes / duties & levies shall be made as per applicable laws. Final bill of the work shall be cleared only after submitting the proof of surrender of all photo gates passes issued to the contractor. The proof of surrender of photo gate passes has to be obtained from issuing authority before getting cleared the final bill. Receipts for payment made on account of a work, when executed by a firm on partnership must also be signed by the serving partners, except where the contractors are described in their tenders as a firm in which case the receipts must be signed in the name of the firm by one of the partners, or by some person having authority to give effectual receipt for the same. All correspondence related with the job with the Contractor is to be done by the Engineer-in-Charge directly under intimation to Contract Cell Similarly all correspondence related to the job by the Contractor is to be made to the Engineer-in-Charge directly under intimation to Contract Cell If transaction is taking locally and documents are not negotiated through Bank for payment, the payment against clear (undisputed) bills/invoices submitted by the vender will be made by ONGC through Electronic Payment Mechanism (as per details mentioned in the clause below) within 15 (Fifteen) working days from the date of submission of bills/invoices complete in all respect. ONGC shall make payments only through Electronic Payment Mechanism (viz NEFT/RTG/ECS).Bidders should invariably provide the following particulars along with their bills/invoices.. a. Name & Complete Address of the supplier/Contractor as per Bank records. b. Name & Complete Address of the Bank with Branch details. c. Type of Bank account ( Current/Saving / Cash Credit ) d. Bank account Number ( indicate Core Bank account Number, if any ) e. IFSC/ NEFT Code ( 11 digit code)/MICR code ,as applicable along with a cancelled cheque leaf. f. Permanent Account No(PAN) under Income Tax Act g. 7.9. 7.10. TIN/Sales Tax Registration Number (For supply of goods) and Service Tax Registration Number (For supply of services) as applicable.

7.4.

7.5. 7.6. 7.7.

7.8.

E-Mail address of the vendor/authorized official (for receiving the updates on the status of payments). For receiving payment through NEFT/RTGS the bank/branch in which the bidder is having account and intends to have the payment should be either an NEFT enable bank or SBI branch with core banking facility. In case the bank of the bidder/contractor does not have the necessary facility for receiving the payment electronically (through NEFT/RTGS/ECS) then the bidder should submit a certificate from the bank to this effect. In that case the payment shall be made through cheque/demand Draft (Subject to recovery of Bank charges as applicable, in case of payment through Demand Draft ) which would be sent to the vendor through Registered Post.

7.11.

13. VAGUE AND INDEFINITE EXPRESSIONS Bids qualified by vague and indefinite expressions such, as "Subject to availability" etc. will not be considered. 14. PERIOD OF BID VALIDITY 14.1. The Bid shall be valid for acceptance for the period of 90 Days from the date of opening of tender as indicated in the "INVITATION FOR BID / BEC" (hereinafter referred to as validity period) and shall not

14
be withdrawn on or after the opening of bids till the expiration of the validity period or any extension agreed thereof. 14.2. In exceptional circumstances, prior to expiry of the original bid validity period, the ONGC may request the bidder for a specified extension in the period of validity. The requests and the responses shall be made in writing. The Bidder will undertake not to vary / modify the bid during the validity period or any extension agreed thereof. Bidder agreeing to the request for extension of validity of offer shall be required to extend the validity of Bid Security correspondingly.

15. BID SECURITY 7.1. 7.2. 7.3. The Bid Security is required to protect the ONGC against the risk of Bidder's conduct, which would warrant the securitys forfeiture in pursuance to clause 9.0. Government Departments and Public Sector Undertakings are exempted from payment of Bid Security. The Bidders not covered under Para 14.2 above must enclose bid security with their offer (in case of two bid systems, with techno-commercial bid) . The amount for bid security has been indicated in the "Invitation for Bid". The Bid Security shall be acceptable in any of the following forms: i) ii) Bank Draft in favor of ONGC valid for 150 days from the last date of prescribed submission date of the of bid. Bank Guarantee in the prescribed format as per Appendix -4, must be valid for 30 days beyond the date of required validity of bid. The bank guarantee by domestic bidders will have to be given from the Nationalized / Scheduled banks, on a non-judicial stamp paper as per stamp duty applicable rate of the place from where the bid has emanated. The non-judicial stamp paper should be in the name of the issuing bank.

7.4.

7.5. 7.6. 7.7.

ONGC shall not be liable to pay any bank charges, commission or interest on the amount of Bid Security. Subject to provisions in clause 14.0, offers without Bid Security will be ignored. The Bid Security shall be forfeited by ONGC in the following events: i. If Bid is withdrawn during the validity period or any extension thereof duly agreed by the Bidder. ii. iii. If Bid is varied or modified in a manner not acceptable to ONGC during the validity period or any extension of the validity duly agreed by the Bidder. If a Bidder, having been notified of the acceptance of its bid, fails to furnish Security Deposit / Performance Bank Guarantee (Performance Security) within 15 days of notification of such acceptance.

7.8.

The Bid Security of unsuccessful Bidders will be returned on finalization of the bid. The Bid Security of successful bidder will be returned on receipt of Security Deposit/Performance Bond (Performance Security) from the successful bidder.

16. OFFERS WITH FAX BID BONDS Normally offers received along with Fax Bid Bond are not considered. However, ONGC reserves the right to consider the offer, provided it is followed by confirmatory original Bid Bond executed in prescribed Performa and legally operative on or before the date fixed for opening of bids (techno-commercial bid opening date in case of TWO BID SYSTEM) and received by tender inviting authority within 15 days of opening date of bids (technocommercial bid opening date in case of Two Bid System), 7.1. If Bidder fails to submit original Bid Bond with the same content as in Fax Bid Bond and in accordance with bidding document, irrespective of their status/ranking in tender, the bid will be rejected and ONGC may consider to debar the Bidder from participating against its future tenders. Telex/Telegraphic/Tele-fax/ Xerox/ Photocopy bids will not be considered.

7.2.

15

C.
17. SEALING AND MARKING OF BIDS. 7.1.

SUBMISSION AND OPENING OF BIDS

The original copy of the Bid is to be submitted in a double cover. The inner cover should be sealed and super scribed as "Tender Number: - UP1RL10004 and due for opening on Date 16.04.2010 at 1500 Hrs. The outer cover should duly bear the tender number and date of closing/ opening prominently underlined, along with the address of ONGCs office, as indicated in Invitation for Bids. The tenders are to be submitted on or before 1400 Hrs. on Dated 16.04.2010 as mentioned in NIT. The inner cover shall also indicate the name and address of the Bidder to enable the bid to be returned unopened in case it is declared "late". The right to ignore any offer, which fails to comply with the above instructions, is reserved. Only one bid should be included in one cover. In case of "Two Bid System" offers are to be submitted in triple sealed covers. The first inner sealed cover will contain Techno-Commercial bids having all details but with price column blanked out. However a tick mark ( ) shall be provided against each item of the price bid format to indicate that there is a quote against this item in the Priced Commercial bid This cover will clearly be superscripted with "Techno-Commercial bid" along with tender number and item description. The second sealed inner cover will contain only the price schedule duly filled in and signed and will be clearly super scribed with PRICE BID" along with tender number. These two covers shall be put into outer cover and sealed. The outer cover should duly bear the tender number and date of closing/ opening prominently underlined, along with the address of this office. Price bids, which remain unopened with ONGC, will be returned to the concerned bidders within 5 (five) working days of receipt of Performance Guarantee Bond(s) from the successful bidder(s). Any change in quotation after opening of the tender WILL NOT BE CONSIDERED. ONGC will not be responsible for the loss of tender form or for the delay in postal transit.

7.2. 7.3. 7.4.

7.5. 7.6. 7.7.

18. DEADLINE FOR SUBMISSION OF BIDS The Bid must be received by the ONGC at the address specified in Invitation for Bids not later than 1400 Hrs (IST) on the notified date of closing of the tender. Offers sent by hand delivery should be put in the Tender Box at the specified office not later than 1400 Hrs. (IST) on the specified date. All out-station tenders, if sent by post, should be sent under registered cover. 19. LATE BIDS 7.1. Bidders are advised in their own interest to ensure that bid reaches the specified office well before the closing date and time of the bid. 7.2. Any bid received after dead line for submission of bid, will be rejected and returned unopened. 20. MODIFICATION AND WITHDRAWAL OF BIDS No bid may be modified after the dead line for submission of bids. 21. OPENING OF BIDS 7.1. The bid will be opened at 1500 Hrs. (IST) on the date of opening indicated in "INVITATION FOR BID". The Bidder or their authorized representative may be present at the time of opening of bid on the specified date, but a letter in the form as at annexed at Annexure I ,Appendix- 7 hereto must be forwarded to this office along with bid and a copy of this letter must be produced in the office by the person attending the opening of bid. Unless he presents this letter, he may not be allowed to attend the opening of bid. In case of unscheduled holiday on the closing/opening day of bid, the next working day will be treated as scheduled prescribed day of closing/opening of bid; the time notified remaining the same.

7.2.

16

D.

EVALUATION OF BIDS

22. EVALUATION AND COMPARISON OF BIDS Evaluation and comparison of bids will be done as per provisions of Bid Evaluation Criteria & BEC Matrix as at Annexure-III. 23. UNSOLICITED POST TENDER MODIFICATIONS: Unsolicited post-tender modifications will lead to straight away rejection of the offer. 24. EXAMINATION OF BID 7.1. The ONGC will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order. 7.2. The ONGC will determine the conformity of each bid to the bidding documents. Bids falling under the purview of Rejection Criteria of the bid Evaluation Criteria of the bidding document will be rejected.

25. SPECIFICATIONS: The Bidder must note that its Bid will be rejected in case the tender stipulations are not complied with strictly or the services offered do not conform to the required specifications indicated therein. The lowest Bid will be determined from among those Bids, which are in full conformity with the required specifications. 26. PURCHASE PREFERENCE TO CENTRAL PSUS: 7.1. ONGC reserves the right to allow to the Central PSUs, Purchase Preference facilities as admissible under the existing policy, the parameters of which are defined in Office Memorandum No. DPE/13(1)/2002-Fin dated 14/6/2002 (as amended from time to time) issued by DPE, under the Ministry of Heavy Industries and Public Enterprises. However, Central PSUs will not get purchase preference of up to 10% over and above the price preference indicated above. For according purchase preference to Central Public Sector Enterprises the standard laid down formula by ONGC will only be used to calculate value addition. 7.2. ONGC also reserves its right to allow to the Indian Small Scale Sector purchase preference facility as admissible under the existing policy.

27. CONTACTING THE ONGC No bidder shall contact ONGC on any matter relating to its bid, from the time of the opening to the time the contract is awarded.

E.

AWARD OF CONTRACT

28. AWARD CRITERIA. The Corporation will award the contract to the successful bidder whose bid has been determined to be in full conformity to the bid documents and has been determined as the lowest evaluated bid. 29. ONGCS RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS. ONGC reserves the right to reject, accept or prefer any bid and to annul the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the ground for ONGCs action. The ONGC also reserves to itself the right to accept any bid in part or split the order between two or more bidders. 30. NOTIFICATION OF AWARD (NOA) 7.1. Prior to the expiration of the period of bid validity, the ONGC will notify the successful bidder in writing that its bid has been accepted. 7.2. 7.3. The notification of award will constitute the formation of the contract. Upon the successful bidders furnishing performance security, pursuant to Clause No. 31, ONGC will promptly notify each unsuccessful bidder and discharge their bid securities.

17
31. MOBILIZATION PERIOD Successful bidder shall be required to mobilize complete equipment along with manpower for commencement of services as per Scope of Work given in the tender document at the specified site within a maximum of 07 days as per written instructions from ONGC 32. CONTRACT PERIOD: The contract period for the job shall be 12 (Twelve) months from the date of placement of LOI. 33. JOB COMPLETION SCHEDULE: 7.1. Contractor has to complete the entire jobs i.e. Application of Titanium Putty & Brush able Ceramic coating on 15 Nos of heat exchangers within 120 days time only as per completion schedule given in the scope of work. 7.2. 7.3. Contractor has to arrange the necessary tools and accessories or any other things required to carry out the job as per time schedule given for each individual jobs in the scope of work Contractor has to obtain work permit prior to start up of the job at site. The time taken in obtaining work permit is inclusive in above period.

34. SIGNING OF CONTRACT The successful bidder is required to sign a formal detailed contract with ONGC within a maximum period of 15 days of date of Fax order / LOI / NOA. Until the contract is signed, the Fax order/ LOI / NOA shall remain binding amongst the two parties. In case of delay in signing the contract on the part of ONGC, contractor shall be paid 80% of the applicable rates falling due as per the contractual obligations on adhoc basis, till formal signing of the contact, after which the balance of due payments shall be released / adjusted against regular bills. However no payment will be made and mobilization will not be deemed completed, when the delay is on the part of the contractor to sign the contract, as per draft contract at Annexure-II of the tender. 35. PERFORMANCE SECURITY 7.1. Within 15 (fifteen) days of the receipt of notification of award from the ONGC, the successful Bidder shall furnish the Performance Security in accordance with the conditions of the contract, in the Security Performa provided at Appendix 1 of Annexure II of the bidding documents, or another form acceptable to the ONGC. 7.2. Failure of the successful Bidder to comply with the requirement of Clause 14.7(C) shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event the ONGC may make the award to the next lowest evaluated bidder or call for new bids.

36. CORRESPONDENCE. 7.1. ONGCs fax No. 022-27222811 7.2. 7.3. All correspondence from Bidders/ contractor shall be made to the office of the Purchase Authority from where this tender has emanated. All correspondence must bear reference to bid number/contract no..

37. REPRESENTATION FROM THE BIDDER: The bidder(s) can submit representation(s) if any, in connection with the processing of the tender directly only to the Competent Purchase Authority (CPA) i.e. to Sh. U.S.Deshmukh, Group General Manager-PMU, Dronagiri Bhavan, Uran Plant, Uran Navi Mumbai - 400702, Dist. Raigad, Maharashtra. ==========

18
ANNEXURE 1 Appendix - 1

BIDDING DOCUMENT ACKNOWLEDGEMENT PROFORMA TO The Group General Manager-PMU. Oil & Natural Gas Corporation Ltd. Mumbai Region, Uran Plant, Uran-400702. Dist.-Raigad, Maharashtra Dear Sirs, We hereby acknowledge receipt of a complete set of Bidding Documents consisting of 06 (Six) Annexure (along with their Appendices) enclosed to the "Invitation for Bid pertaining to Application of Titanium Putty on heat exchangers at Uran Plant, Uran Against tender NO. UP1RL10004. We have noted that the closing date for receipt of the tender by ONGC is on dated 16.04.2010 at 1400 hrs. (IST) and opening at 1500 hrs. (IST) on the same day. We guarantee that the contents of the above said Bidding Documents will be kept confidential within our organization and text of the said documents shall remain the property of ONGC and that the said documents are to be used only for the purpose intended by ONGC. Our address for further correspondence on this tender will be as under: . . . FAX NO: TELEPHONE NO: PERSONAL ATTENTION OF: (IF REQUIRED) (BIDDER WITH SEAL) Yours faithfully, Dated:.................................

Note: This form should be returned along with offer duly signed.

19
ANNEXURE 1 BID SUBMISSION PROFORMA Tender No. UP1RL10004 Contractors Address: _______________________________________ Telephone No. _______________________________________ ________________________________________ To, Group General Manager-PMU, Oil & Natural Gas Corporation Ltd. Mumbai Region, Uran Plant, Uran-400702. Dist.-Raigad, Maharashtra Dear Sirs, 1. I/We hereby offer to supply the services detailed in schedule hereto or such portion thereof as you specify in the Acceptance of Tender at the price given in the said schedule and agree to hold this offer open 90 days from the date of opening the tender ) I/We have understood and complied with the "Instructions to Bidders at Annexure - I, "Bid Evaluation Criteria" at Annexure VI and accepted the "General Terms and Conditions" at Annexure II for providing services and have thoroughly examined and complied with the specifications, drawings, Special Conditions of Contract and/or pattern stipulated at Annexure III hereto and am/are fully aware of the nature of the service required and my/our offer is to provide services strictly in accordance with the requirements. The following pages have been added to and form part of this tender:Agreement at Appendix 3 on purchase of Bidding documents and submission of Tender has been duly signed and returned herewith. Yours faithfully, Signature of Bidder Address : Dated : Signature of witness Address FAX NO: Appendix - 2

2.

3. 4.

Note:

This form should be returned along with offer duly signed.

20
ANNEXURE 1 BID SUBMISSION AGREEMENT PROFORMA NoTo, The Group General Manager -PMU, Oil & Natural Gas Corporation Ltd. Mumbai Region, Uran Plant, Uran-400702. Dist.-Raigad, Maharashtra SUB: PURCHASE OF BIDDING DOCUMENTS. Ref: TENDER NO. UP1RL10004 ONGC and the Bidder agree that the Notice Inviting Tenders (NIT) is an offer made on the condition that the Bid would be kept open in its original form without variation or modification for a period of 90 days AND THE MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT. They further agree that the contract consisting of the above conditions of NIT as the offer and the submission of Bid as the Acceptance shall be separate and distinct from the contract which will come into existence when bid is finally accepted by ONGC. The consideration for this separate initial contract preceding the main contract is that ONGC is not agreeable to sell the NIT to the Bidder and to consider the bid to be made except on the condition that the bid shall be kept open for 120 (One Hundred Twenty days ) after the last date fixed for the receipt of the bids and the Bidder desires to make a bid on this condition and after entering into this separate initial contract with ONGC. ONGC promises to consider the bid on this condition and the Bidder agrees to keep the bid open for the required period. These reciprocal promises form the consideration for this separate initial contract between the parties. If Bidder fails to honor the above terms and conditions, ONGC shall have unqualified, absolute and unfettered right to encash /forfeit the bid security submitted in this behalf. Dated:Appendix - 3

Yours faithfully

yours faithfully

(BIDDER) (One copy of this agreement duly signed must be returned along with offer.)

(Tender Issuing Authority ONGC)

21
ANNEXURE 1 Appendix - 4

PROFORMA OF AUTHORISATION LETTER FOR ATTENDING TENDER OPENING Ref. NO. To, Group General Manager)-PMU, Oil & Natural Gas Corporation Ltd. Mumbai Region, Uran Plant, Uran-400702. Dist.-Raigad, Maharashtra Date:..

TENDER NO. - UP1RL10004 DUE ON DATED 16.04.2010 Sir, Mr................................ has been authorized to be present at the time of opening of above tender due on 16.04.2010 at 1500 Hrs., on my/our behalf.

Yours faithfully Signature of Bidder with company seal Copy to: Deputy General Manager ( P) - I/C C/Cell Room No. 116, Dronagiri Bhavan, ONGC, Uran Plant, Uran. Navi Mumbai 400 702, Dist: Raigad ,Maharashtra . -For information and for production before the concerned ONGC officials at the time of opening of bids

22
ANNEXURE I Appendix -5

PROFORMA OF BANK GUARANTEE TOWARDS BID SECURITY BID BOND Ref. No.................... To, The Group General Manager-PMU, Oil & Natural Gas Corporation Ltd. Mumbai Region, Uran Plant, Uran-400702. Dist.-Raigad, Maharashtra State Dear Sirs, 1) Whereas Oil & Natural Gas Corporation Ltd. incorporated under the Companies Act, 1956, having its registered office at Jeevan Bharti, Tower-II, 124 Connaught Circus, New Delhi - 110001 - India and one of its offices at Mumbai Region, Dronagiri Bhavan, Uran Plant, Uran-400702, Dist.Raigad, Maharashtra (hereinafter called ONGC' which expression shall unless repugnant to the context or meaning thereof include all its successors, administrators, executors and assignees) has floated a Tender No. ________________ and M/s ____________________________ having Head/Registered office at _______________________________ (hereinafter called the 'Bidder' which expression shall unless repugnant to the context or meaning thereof mean and include all its successors, administrators, executors and permitted assignees)have submitted a bid Reference No........................ and Bidder having agreed to furnish as a condition precedent for participation in the said tender an unconditional and irrevocable Bank Guarantee of Indian Rupees, Rs.------------------------ (Rupees ------------------------------------------------------------------------) for the due performance of Bidder's obligations as contained in the terms of the Notice Inviting Tender (NIT) and other terms and conditions contained in the Bidding documents supplied by ONGC which amount is liable to be forfeited on the happening of any contingencies mentioned in said documents. We (name of the bank)_________________ registered under the laws of_____________ having head/registered office at _________ (hereinafter referred to as "the Bank" which expression shall, unless repugnant to the context or meaning thereof, include all its successors, administrators, executors and permitted assignees) guarantee and undertake to pay immediately on first demand by ONGC, the amount of Indian Rs.----------------- --------(Rupees ---------------------------------------------------------) in aggregate at any time without any demur and recourse, and without ONGC having to substantiate the demand. Any such demand made by ONGC shall be conclusive and binding on the Bank irrespective of any dispute or difference raised by the Bidder. The Bank confirms that this guarantee has been issued with observance of appropriate laws of the country of issue. The Bank also agree that this guarantee shall be irrevocable and governed and construed in accordance with Indian Laws and subject to exclusive jurisdiction of Indian Courts of the place from where tenders have been invited. This guarantee shall be irrevocable and shall remain in force up to 150 days which includes thirty days after the period of bid validity and any demand in respect thereof should reach the Bank not later than the aforesaid date. Notwithstanding anything contained herein above, our liability under this Guarantee is limited to Indian Rs.-------------------------------------- (Rupees ------------------------------------------ only) and our guarantee shall remain in force until ---------------. Bank Guarantee No..........

Dated.....

2)

3) 4)

5)

6)

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We must receive any claim under this Guarantee before the expiry of this Bank Guarantee. If no such claim has been received by us by the said date, the rights of ONGC under this Guarantee will cease. However, if such a claim has been received by us by the said date, all the rights of ONGC under this Guarantee shall be valid and shall not cease until we have satisfied that claim. In witness whereof, the Bank, through its authorized officer, has set its hand and stamp on this........day of ...........at ..................... WITNESS NO. 1 ----------------------------------------------

(Signature) Full name and official address ( In legible letters)

(Signature) Full name, designation and official address ( In legible letters) with Bank stamp. Attorney as per Power of Attorney No...........

WITNESS NO. 2 (Signature) Full name and official address (In legible letters) Note: (i) (ii)

Dated .

This Bank Guarantee/all further communications relating to the Bank Guarantee should be forwarded to Chief Engineer (M), Contract Cell, Room No.-117, Dronagiri Bhavan, Uran Plant, Uran 400702. Bank guarantee, duly executed as per the above format, is to enclosed with the offer INSTRUCTIONS FOR FURNISHING BANK GUARANTEE TOWARDS BID SECURITY

1. The Bank Guarantee by Indian Bidders will be given on non- judicial stamp paper as per stamp duty applicable at the place where the tender has emanated. The non-judicial stamp paper should be in name of the issuing Bank. 2. Please indicate the currency in which Bank Guarantee is being given Indian Rupees had been mentioned only for illustration. Therefore, in case where Bank Guarantee is being given in a currency other than Rupees, these terms may be deleted and replaced by relevant currency. 3. The expiry date as mentioned in Clause 5 & 6 above should be arrived at by adding 30 days to the date of expiry of the bid validity unless otherwise specified in the bidding documents. In the present case, the bank guarantee should be valid up to 150 days. 4. The Bank Guarantee by Indian bidders will be given from Nationalized/Scheduled Banks only. The Foreign bidders will give Bank Guarantees from an Indian Bank situated in their city. In case no Indian Bank is situated in bidders city then Bank Guarantee from foreign Bank acceptable to ONGC (whether situated in bidder's country or in India) will be considered. If any foreign bidder desires to furnish guarantee from a bank other than any Indian Bank, such bidder should furnish collateral security/guarantee/confirmation from any foreign banks operating in India or the state Bank of India.

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ANNEXURE 1 PROFORMA OF CERTIFICATE ON RELATIVES OF DIRECTORS OF ONGC This has reference to our proposed contract regarding ---------------------------------------------------------------------------------------__________________________________________________________________________ to be entered in to with Oil and Natural Gas Corporation Limited (ONGC), ONGC, Uran Plant, Uran. For the purpose of Section 297/299 of the Companies Act, 1956, an extract given here under, we certify that to the best of my/ our knowledge: (i) (ii) (iii) (iv) (v) I am not a relative of any Director of ONGC. We are not a firm in which a Director of ONGC or his relative is a partner. I am not a partner in a firm in which a Director of ONGC or his relative is a partner. We are not a private company in which a Director of ONGC is a Member of Director. We are not a company in which Directors of ONGC hold more than 2% of the paid-up share capital of our company or vice-versa. Appendix - 6

Authorized Signatory of The Contracting Party

Place: Date:

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ANNEXURE I PROFORMA FOR BIDDERS PAST SERVICES (SIMILAR) PERIOD TO DESCRIPTION OF SERVICES COMPLETED SUCCESSFULLY Appendix - 7

SL. NAME & ADDRESS OF NO. CLIENT FROM 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

REMARK

NOTE: CERTIFICATES FROM CLIENTS TO BE ENCLOSED ALONG WITH THIS PROFORMA.

Signature of the Bidder ___________________________ Name _________________________________________ Seal of the Company _____________________________

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ANNEXURE 1 Appendix - 8

PROFORMA FOR CHANGES / MODIFICATIONS SOUGHT BY BIDDERS TO THE BIDDING CONDITIONS ONGC expects the bidders to fully accept the terms and conditions of the bidding documents. However, changes/ modifications to the terms and conditions of bidding documents, if any proposed, can be communicated in the following Performa, in case pre-bid is not held. This can be used even in cases where pre-bid is held, to inform about the proposals in advance to the pre-bid date. Clause No. of Bidding Document

Full compliance / not agreed

Changes/ modifications proposed by the Bidders

Remarks

Signature of the Bidder Seal of the Company Note: Bids maintaining or taking exceptions/ deviations shall be rejected straightway

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ANNEXURE - II
CONTRACT AND GENERAL CONTRACT CONDITIONS (To be signed with the successful bidder) This CONTRACT is made and entered into on this ..day of Two thousand and . by and between OIL & NATURAL GAS CORPORATION LIMITED, a CORPORATION registered under the Companies Act 1956, having its registered office at Jeevan Bharti, Tower-II, 124, Connaught Circus, New Delhi- 110 001, India and one of its work center at Mumbai Region, Uran Plant, Uran-400702, Dist-Raigad, Maharashtra State (hereinafter referred to as CORPORATION which expression shall include its successors, administrators, executors and assignees) on the one part and M/s ., a company registered under the companies Act with its Registered office at referred to as the CONTRACTOR (which expression shall include its successors, administrators, executors and permitted assignees) on the other part. Whereas CORPORATION is desirous of (Description of services) for carrying out CORPORATIONs operations conforming to specifications as set forth in the Scope of Work at Annexure-III of this agreement. And Whereas the CONTRACTOR represents that it has the necessary experience for carrying out CORPORATION's operations as referred to herein and has submitted a bid for providing the required services against CORPORATIONs Tender No. all in accordance with the terms and conditions set forth herein and any other reasonable requirements of the CORPORATION from time to time. And Whereas CORPORATION's has accepted the bid of the CONTRACTOR and has placed Fax order / Letter of Intent /Notification Of Award vide its letter .. Dated. On the CONTRACTOR. Now it is hereby agreed to by and between the parties as under: 1.0 DEFINITIONS: 1.1 Unless inconsistent with or otherwise indicated by the context, the following terms stipulated in this CONTRACT shall have the meaning as defined hereunder. 1.2 CONTRACT Shall mean a written CONTRACT signed between ONGC and the CONTRACTOR (the successful bidder) including subsequent amendments to the CONTRACT in writing thereto. 1.3 CORPORATION/ ONGC: Shall mean OIL & NATURAL GAS CORPORATION LTD., India and shall include its legal representatives, successors and permitted assignees. 1.4 SITE Shall mean the place in which the operations/services are to be carried out or places approved by the ONGC for the purposes of the CONTRACT together with any other places designated in the CONTRACT as forming part of the site. 1.5 CORPORATIONS SITE REPRESENTATIVE/ENGINEER Shall mean the person or the persons appointed by ONGC from time to time to act on its behalf at the site for overall co-ordination, supervision and project management at site. 1.6 CONTRACTOR: Shall mean any person/ persons/ firm/ company etc. to whom work has been awarded and whose bid has been accepted by ONGC and shall include its authorized representatives, successors and permitted assignees. 1.7 SUB-CONTRACT: Shall mean order/contract placed by the CONTRACTOR for any portion of the CONTRACTOR work sub-letted with necessary written consent of ONGC on third party. Such sub-letting shall not relieve the CONTRACTOR from any obligation, duty or responsibility under the contract.

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1.8 SUB-CONTRACTOR: Shall mean any person or persons or firm or their legal representatives, successors, assignees to whom part of CONTRACTOR has been subletted by the CONTRACTOR after necessary consent of ONGC. 1.9 CONTRACTORS REPRESENTATIVE Shall mean such person/or persons duly appointed representative at the site and base as the CONTRACTOR may designate in writing to the ONGC as having authority to act for the CONTRACTOR in matters affecting the work and to provide the requisite services. 1.10 CONTRACT PRICE Shall mean the sum accepted or the sum calculated in accordance with the rates accepted by ONGC and amendments thereof, and shall include all fees, registration and other charges paid to statutory authorities without any liability on ONGC for any of these charges. The prices will remain firm during currency of the CONTRACTOR unless specifically agreed to in writing by ONGC. 1.11 DAY Shall mean a calendar day of twenty-four (24) consecutive hours beginning at 00.00 hours with reference to local time at the site. 1.12 EQUIPMENT/MATERIALS/GOODS: Shall mean and include any equipment, machinery, instruments, stores, goods which CONTRACTOR is required to provide to the ONGC for/under the CONTRACTOR and amendments thereto. 1.13 WORKS / OPERATIONS: Shall mean all work to be performed by the CONTRACTOR as specified in the Scope of Work under this CONTRACT. 1.14 GUARANTEE/ WARRANTEE: Shall mean the period and other conditions governing the warranty/guarantee of the works as provided in the CONTRACT. The contractor shall warrant that every work executed hereunder shall be free from all defects and faults in materials, workmanship, handling, etc. for a period of 12 (Twelve) months from the date of successful completion & re-commissioning in all respect and shall be of the highest grade and consistent with established and accepted standard of materials and workmanship of the type contracted for and in full conformity with the design, drawing and specifications. If during the aforesaid period the work or the part of the work is discovered to be defective or faulty or not in conformity with the specifications (decision of ONGC on that behalf being final and binding on the contractor), then the ONGC shall be entitled for the cost of work so found defective and also of damages sustained as a result of such defective work. The contractor shall, if required, also carry out repairs/replacement free of cost or at the option of the ONGC make payment to ONGC within two months of receipt of advice, the value thereof at the contract price and such other expenditure and damages as may arise by reason of the breach of condition therein specified. Nothing herein contained shall or prejudice against any other right of the ONGC on that behalf or otherwise. Where the Contractor does not directly execute the work itself and the warranty given by the person/firm carrying out such work on their behalf deviates from the above said warranty, it shall be responsibility of the contractor to abide the warranty stipulated by the ONGC. 1.15 MOBILISATION: Shall mean rendering the equipment fully manned and equipped as per CONTRACTOR and ready to begin work at site designated by ONGC after ONHIRE survey and ONGCs acceptance thereafter. The date and time of ONGCs acceptance of ONHIRE survey will be treated as the date and time of mobilization. However, successful bidder has to mobilization the manpower along with all the materials required, tools & tackles etc. as stated in the scope of work. 1.16 DEMOBILISATION: Shall mean the removal of all things forming part of the mobilization from the site of ONGC. The date and time of OFFHIRE survey shall be treated as the date and time of demobilization.

29
1.17 DRAWINGS: Shall mean and include all Engineering sketches, general arrangements/ layout drawings, sectional plans, all elevations, etc. related to the CONTRACTOR together with modification and revision thereto. 1.18 SPECIFICATIONS: Shall mean and include detailed description, statements to technical data, performance characteristics, and standards (Indian as well as International) as applicable and as specified in the CONTRACT. 1.19 INSPECTORS: Shall mean any person or outside Agency nominated by ONGC to inspect equipment, materials and services, if any, in the CONTRACTOR stage-wise as well as final as per the terms of the contract. 1.20 TESTS: Shall mean such process or processes to be carried out by the CONTRACTOR as are prescribed in the CONTRACT considered necessary by ONGC or their representative in CONTRACT to ascertain quality, workmanship, performance and efficiency of equipment or services thereof. 1.21 FACILITY: Shall mean all property of the ONGC owned or hired by ONGC. 1.22 THIRD PARTY Shall mean any group, CORPORATION, person or persons who may be engaged in activity associated with the work specified but who shall remain at an arms length from the work and who shall not have a direct responsibility or authority under the terms of this CONTRACT. 1.23 APPROVAL: Shall mean and include the written consent duly signed by ONGC or their representative in respect of all documents, drawings or other particulars in relation to the CONTRACT 2.0 SCOPE OF WORK / CONTRACT: Scope of the CONTRACTOR shall be as defined in the CONTRACT, specifications, drawings and Annexure thereto at Annexure-V . DURATION OF THE CONTRACT: The contract period for the job shall be 12 ( Twelve ) months from the date of placement of LOI. NOTICES AND ADDRESSES: a. For the purposes of this CONTRACT, the addresses of the parties will be as follows and all correspondence and notices in relations to the present CONTRACT sent to the parties at the addresses mentioned below shall be deemed to be sufficient service of notice on the parties. All such notices as well as reports, invoices and other relevant material shall be addressed to the parties as per the address given below: i. For Contract related Communication:Deputy General Manager (P), I/C Contract Cell, Room No-116, Dronagiri Bhavan, Uran Plant, Uran- 400702, Ph- 022-2723 4750 / 4755 FAX: 022-27222811 ii. For operations, reports and payments Designated Engineer-in-Charge for : Contract execution, report & bill / payment certification & verification Bills are to be raised in the name of Dy. General Manager (F&A), ONGC, Uran Plant, Uran

3.0 4.0

iii.

b. CONTRACTORS REGISTERED OFFICE AND ADDRESS .. .. .. Phone:..Fax:. Contact Person & Mobile No-

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5.0 DUTIES AND POWER /AUTHORITY: 5.1. The duties and authorities of the ONGCs Engineer-in-Charge OR Site Representative are to act on behalf of the ONGC for: a. b. c. d. Overall supervision, co-ordination and Project Management at site Proper utilization of equipment and services. Monitoring of performance and progress & Payment thereof. Commenting/ countersigning on reports made by the Contractors representative at site in respect of works, receipts, and consumption etc. after satisfying himself with the facts of the respective cases. He shall have the authority, but not obligation at all times and any time to inspect/test/examine/ verify any equipment machinery, instruments, tools, materials, personnel, procedures and reports etc. directly or indirectly pertaining to the execution of the work. However this shall not construe to imply an acceptance by the inspector. Hence, the overall responsibility of quality of work shall rest solely with the CONTRACTOR. Each and every document emerging from site in support of any claim by the contractor has to have the countersignature/ comments of the ONGCs representative/engineer without which no claim will be entertained by the ONGC. The Contractors representative shall have all the powers requisite for the performance of the works. He shall liaise with ONGCs representative for the proper co-ordination and timely completion of the works and on any matter pertaining to the works. He will extend full co-operation to ONGCs representative/inspector in the manner required by them for supervision/inspection/observation of equipment, material, procedures, performance, reports and records pertaining to works. To have complete charge of Contractors personnel engaged in the performance of the work and to ensure compliance of rules and regulations and safety practice.

e.

f.

5.2 Contractors representative: a. b. c.

d. 6.0

CONTRACT DOCUMENT: 6.1 Governing language: The governing language for the CONTRACT shall be English. All CONTRACT documents and all correspondence and communication to be given and all other documentation to be prepared and supplied under the CONTRACT shall be written in English and the CONTRACT shall be construed and interpreted in accordance with English language. 6.2 Entire Agreement: The CONTRACT constitutes the entire agreement between the ONGC and the CONTRACTOR with respect to the subject matter of the CONTRACT and supersedes all communication, negotiations and agreement (whether written or oral) of the parties with respect thereto made prior to the date of this agreement. 6.3 Save where the context otherwise requires, words imparting singular number shall include the plural and vice versa and words imparting neutral gender shall include masculine or feminine gender and vice versa. 6.4 Modification in Contract: All modifications leading to changes in the Contract with respect to technical and/or commercial aspects, including terms of delivery shall be considered valid only when accepted in writing by ONGC by issuing amendment to the Contract. ONGC shall not be bound by any printed conditions, provisions in the Contractors BID, forms of acknowledgement of Contract, invoice, packing list and other documents which purport to impose any condition at variance with or supplement to Contract.

31
6.5 Assignment: The CONTRACTOR shall not, save with the previous consent in writing of the ONGC, sublet/SUBCONTRACT, transfer or assign the CONTRACTOR any part thereof in any manner whatsoever. However, such consent shall not relieve the CONTRACTOR from any obligation, duty or responsibility under the CONTRACT and CONTRACTOR shall be fully responsible for the services hereunder and for the execution and performance of the CONTRACT. 6.6 Waivers and amendments: i. Waivers: - It is fully understood and agreed that none of the terms and conditions of this CONTRACT shall be deemed waived by either party unless such waiver is executed in writing only by the duly authorized agents or representative of both the parties. The failure of either party to execute any right shall not act as a waiver of such right by such party. ii. Amendments: - It is agreed that CONTRACTOR shall carry out work in accordance with the completion program to be furnished by the CORPORATION, which may be amended from time to time by reasonable modifications as CORPORATION sees fit.

7.0

REMUNERATION AND PAYMENT TERMS: 7.1. CORPORATION shall pay to CONTRACTOR for the services, to be provided by the CONTRACTOR as per the Scope of Work (Annexure-V), and as per the price Schedule (AnnexureVII). The rates payable, shall be firm during the entire CONTRACT period, including extension period, if any. a. 100% Payment shall only be made after satisfactory completion of jobs Exchanger wise as per scope of work given in the tender document. b. Bill/invoice should be raised in the name of DGM (F&A), ONGC; Uran. c. For payment of the bill, Contractor has to produce the bill / invoice in quadruplet at our Central Dispatch section, Ground Floor, HR/ER Section, Dronagiri Bhavan, Uran Plant. Uran, inscribing the concerned user section for allotment of tracking number. After allotment of tracking number, HR/ER shall forward the bills/invoices to concerned user section. Soon after completion of the jobs in all respect and as stated above, the concerned user section shall certified the bills/invoices for payment purpose and forwarded the three copies of bills/invoices to Engineer in charge for verification. After verification, the Engineer In Charge shall forward the two copies of bills/invoices to finance section for release of payments to the contractor. Payment shall be made within 15 working days from the date of receipt of the bill in the central dispatch section.

d. In the event of any dispute in a portion or whole of any invoice, the CORPORATION shall make payment of undisputed portion and shall promptly notify the Contractors representative in writing for the remaining portion in CONTRACT to mutually resolve the dispute and if resolved in part or full, payment shall be release to the CONTRACTOR within 30 working days of such settlement. e. No advance payment and mobilization / demobilization charges at any stage and at any time will be made to the contractor. f. Final bill of the work shall be cleared only after submitting the proof of surrender of all photo gate passes issued to the contractor. The proof of surrender of photo gate passes has to be obtained from issuing authority, and to be submitted to the concerned Engineer In charge before getting cleared the final bill.

g. Receipts for payment made on account of a work, when executed by a firm on partnership must also be signed by the serving partners, except where the contractors are described in their tenders as a firm in which case the receipts must be signed in the name of the firm by one of the partners, or by some person having authority to give effectual receipt for the same. 7.2. 7.3. Deduction of taxes / duties & levies shall be made as per applicable laws. Final bill of the work shall be cleared only after submitting the proof of surrender of all photo gates passes issued to the contractor. The proof of surrender of photo gate passes has to be obtained from issuing authority before getting cleared the final bill.

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7.4. Receipts for payment made on account of a work, when executed by a firm on partnership must also be signed by the serving partners, except where the contractors are described in their tenders as a firm in which case the receipts must be signed in the name of the firm by one of the partners, or by some person having authority to give effectual receipt for the same. All correspondence related with the job with the Contractor is to be done by the Engineer-in-Charge directly under intimation to Contract Cell Similarly all correspondence related to the job by the Contractor is to be made to the Engineer-inCharge directly under intimation to Contract Cell If transaction is taking locally and documents are not negotiated through Bank for payment, the payment against clear (undisputed) bills/invoices submitted by the vender will be made by ONGC through Electronic Payment Mechanism (as per details mentioned in the clause below) within 15 (Fifteen) working days from the date of submission of bills/invoices complete in all respect. ONGC shall make payments only through Electronic Payment Mechanism (viz NEFT/RTG/ECS).Bidders should invariably provide the following particulars along with their bills/invoices.. a. Name & Complete Address of the supplier/Contractor as per Bank records. b. Name & Complete Address of the Bank with Branch details. c. Type of Bank account ( Current/Saving / Cash Credit ) d. Bank account Number ( indicate Core Bank account Number, if any ) e. IFSC/ NEFT Code ( 11 digit code)/MICR code ,as applicable along with a cancelled cheque leaf. f. Permanent Account No(PAN) under Income Tax Act g. 7.9. 7.10. TIN/Sales Tax Registration Number (For supply of goods) and Service Tax Registration Number (For supply of services) as applicable.

7.5. 7.6. 7.7.

7.8.

E-Mail address of the vendor/authorized official (for receiving the updates on the status of payments). For receiving payment through NEFT/RTGS the bank/branch in which the bidder is having account and intends to have the payment should be either an NEFT enable bank or SBI branch with core banking facility. In case the bank of the bidder/contractor does not have the necessary facility for receiving the payment electronically (through NEFT/RTGS/ECS) then the bidder should submit a certificate from the bank to this effect. In that case the payment shall be made through cheque/demand Draft (Subject to recovery of Bank charges as applicable, in case of payment through Demand Draft ) which would be sent to the vendor through Registered Post. a. In all cases, except the cases involving payment through Letter of Credit or payment in foreign currency, ONGC shall make payments only through Electronic Payment mechanism (viz. NEFT/RTGS/ECS). Bidders should invariably provide the following particulars along with their offers: i. ii. iii. iv. v. vi. vii. viii. Name & Complete Address of the Supplier/ Contractor as per Bank records. Name & Complete Address of the Bank with Branch details. Type of Bank account (Current/Savings/Cash Credit). Bank Account Number (indicate Core Bank Account Number, if any). IFSC/NEFT Code (11 digit code)/MICR code, as applicable, along with a cancelled Cheque leaf. Permanent Account Number (PAN) under Income Tax Act; TIN/Sales Tax Registration Number (for supply of Goods) and Service Tax Registration Number (for providing Services), as applicable. E-mail address of the vendor/ authorized official (for receiving the updates on status of payments).

7.11.

33
For receiving payment through NEFT/TTGS, the bank/branch in which the bidder is having account and intends to have the payment should be either an NEFT enabled bank or SBI branch with core banking facility. " b. ONGC's right to question the amounts claimed: Payment of any invoice shall not prejudice the right of the Operator to question the allow ability under this Agreement of any amounts claimed therein, provided ONGC, within one year beyond the expiry of each CONTRACT year, delivers to CONTRACTOR, written notice identifying any item or items which it questions and specifying the reasons thereof. Should ONGC so notify CONTRACTOR, such adjustment shall be made, as the parties shall agree. These provisions shall be reciprocal for similar rights to the CONTRACTOR. The CONTRACTOR shall provide on demand a complete and correct set of records pertaining to all costs for which it claims reimbursement from ONGC and as to any payment provided for hereunder, which is to be made on the basis of Contractors costs. 8.0 CLAIMS, TAXES & DUTITES, FEES AND ACCOUNTIING: 8.1 CLAIMS: CONTRACTOR agrees to pay all claims, taxes and fees for equipment, labor, materials, services and supplies to be furnished by it hereunder and agrees to allow no lien or charge resulting from such claims to be fixed upon any property of CORPORATION. CORPORATION may, at its option, pay and discharge any liens or overdue charges for Contractors equipment, labor, materials, services and supplies under this CONTRACT and may thereupon deduct the amount or amounts so paid from any sum due, or thereafter become due, to CONTRACTOR hereunder. 8.2 NOTICE OF CLAIMS: CONTRACTOR or CORPORATION, as the case may be, shall promptly give the other, notice in writing of any claim made or proceeding commenced for which that party is entitled to indemnification under the CONTRACT. Each party shall confer with the other concerning the defense of any such claims or proceeding, shall permit the other to be represented by counsel in defense thereof, and shall not effect settlement of or compromise any such claim or proceeding without the others written consent. 8.3 Taxes: CONTRACTOR, unless specified otherwise in the CONTRACT, shall bear all tax liabilities including service tax, duties, Govt. levies etc. including customs duty, Corporate and personnel taxes levied or imposed on the CONTRACTOR on account of payments received by it from the CORPORATION for the work done under this CONTRACT. It shall be the responsibility of the CONTRACTOR to submit to the concerned Indian authorities, the returns and all other concerned documents required for this purpose and to comply in all respects with the requirements of the laws in this regard, in time. 8.4 Personnel taxes: The CONTRACTOR shall bear all personnel taxes levied or imposed on its personnel, Sub-Contractors personnel, vendors, consultants etc. on account of payment received under this CONTRACT. 8.5 Corporate taxes: The CONTRACTOR shall bear all corporate taxes, levied or imposed on the CONTRACTOR on account of payments received by it from the CORPORATION for the work done under this CONTRACT. If it is so required by the applicable laws in force at the time of payment, the CORPORATION shall withhold from the amount due to the CONTRACTOR and pay to the Indian Tax authorities any tax levied or assessed on account of the Contractors operations pursuant to this CONTRACT. 8.6 It is noted that CONTRACT u/s 195(2) of the Income Tax Act, 1961 for the purpose of deduction of tax at source will be obtained by ONGC from the Dy. Commissioner of Income Tax (Asst.), Navi Mumbai / Mumbai or special range-I, Dehradun. 8.7 It is noted that CONTRACT u/s 195(2) of the Income Tax Act, 1961 for the purpose of deduction of tax at source will be obtained by ONGC from the Dy. Commissioner of Income Tax(Asst.), Special Range-I, Dehradun. In view of the Central Board of Direct Taxes (CBDT)s notification no 9579 dated 5.8.94 the foreign CONTRACTOR is responsible for filing the returns of their income as well as their SUBCONTRACTORs assignees including that of their partner in the Joint Venture CONTRACTs (whether

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Indian or otherwise) and get their assessment completed with the Dy. Commissioner of Income Tax (Asst.), Special Range-I, Dehradun, India). 8.8 For the lapse, if any on the part of the CONTRACTOR and consequential penal action taken by the Tax department, the CORPORATION shall not take any responsibility whether financial or otherwise. 9.0 Performance:The CONTRACTOR shall undertake to perform all services under this CONTRACT with all-reasonable skill, diligence and care in accordance with sound industry practice to the satisfaction of the CORPORATION and accept full responsibility for the satisfactory quality of such services as performed by them. Any defect, deficiencies noticed in the Contractors service will be promptly remedied by the CONTRACTOR within 10 days upon the receipt of written notice from the CORPORATION to improve their performance failing which the CORPORATION may terminate the CONTRACT by giving the CONTRACTOR 30 (thirty) days written notice.

10.0 Performance bond:The CONTRACTOR shall furnish to the CORPORATION within 15 days from the date of fax CONTRACT/ Letter of Intent (LOI), security deposit in the form of a Bank draft or an irrevocable Bank Guarantee (as per the Performa enclosed at Appendix-I of this Annexure II for the period specified in the bid document/ Notification of Award/ LOI, towards performance under this CONTRACT for the period of contract including Warranty/. Guarantee period. In the event CONTRACTOR fails to honor any of the commitments entered into under this agreement, and /or in respect of any amount due from the CONTRACTOR to the CORPORATION, the CORPORATION shall have unconditional option under the guarantee to invoke the above bank guarantee and claim the amount from the bank. The bank shall be obliged to pay the amount to the CORPORATION on demand. 11.0 SECURITY DEPOSIT: 11.1 The total value of the security deposit shall be 10% of the contract / order value and is required to be deposited by the contractor as security deposit with the ONGC in the form of a Bank guarantee as per prescribed format. 11.2 If the contractor / sub contractor or their employees shall break, deface or destroy the property belonging to the ONGC or other during the execution of the contract, the same shall be made good by the contractor at his own expenses and in default thereof, the engineer-in-charge may cause the same to be made good by other agencies and recover expenses from the contractor (for which the certificate of engineer-in-charge shall be final). All compensation or other sums of money payable by the contractor to ONGC or recoveries to be made under terms of this contract may be deducted from his security deposit or from any sums which may be due or may become due to the contractor on any account whatsoever. No interest shall be payable by ONGC for the sum deposited as security deposit. The security deposit shall be refunded after the expiry of the period of liability as stipulated in the contract and the work is over to the full satisfaction of Engineer-in-charge as per Scope of work & specifications.

11.3

11.4 11.5

12.0 FORFEITURE OF SECURITY DEPOSIT/ BANK GUARANTEE: ONGC shall have an unqualified option to claim the amount including liquidated damages from the Security deposit or Performance Guarantee in the event of contractor failing to honor any of the commitments enter into under the Agreement and/or in respect of any amount due to the ONGC from the Contractor. In case, the ONGC is obliged to make any recoveries on any account under the contract from the security deposit of the contractor, the contractor shall be obliged to make good of the security deposit amount within a period of 10 days after the receipt of information in this regard, failing which the contractor has to pay 20% per annum interest for the period of delay in making the good of security deposit. 13.0 PERIOD OF LIABILITY: The period of liability shall mean the entire Contract Period including any extension thereof and the Warranty /Guarantee Period as mentioned in Guarantee Clause.

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14.0 DISCIPLINE: CONTRACTOR shall carry out operations hereunder with due diligence and in a safe and workman like manner according to good international oilfield practice. CONTRACTOR shall maintain strict discipline and good CONTRACT among its employees and its SUB-Contractors employees and shall abide by and conform to all rules and regulations promulgated by the CORPORATION governing the operations. Should CORPORATION feel that the conduct of any of CONTRACTOR/SUB-Contractors employees is detrimental to Corporations interest, the CORPORATION shall have the unqualified right to request for the removal of such employee either for incompetence, unreliability, misbehavior, security reasons etc. while on or off the job. The CONTRACTOR shall comply with any such request to remove such personnel at Contractors expense unconditionally. The CONTRACTOR will be allowed a maximum of 2 working days to replace the person by competent qualified person at Contractors cost. 15.0 SAFETY AND LABOUR LAWS:15.1 CONTRACTOR shall comply with the provision of all laws including Labor Laws, rules, regulations and notifications issued there under from time to time. All safety and labour laws enforced by statutory agencies and by ONGC shall be applicable in the performance of this CONTRACT and CONTRACTOR shall abide by these laws. 15.2 CONTRACTOR shall take all measures necessary or proper to protect the personnel, work and facilities and shall observe all reasonable safety rules and instructions. No smoking shall be permitted out side the living quarters, and welding jobs will be carried out with full safety precautions. ONGCs employee also shall comply with safety procedures/policy. The CONTRACTOR shall report as soon as possible any evidence which may indicate or is likely to lead to an abnormal or dangerous situation and shall take all necessary emergency control steps to avoid such abnormal situations.

15.3

16.0 SECRECY: CONTRACTOR shall during the tenure of the CONTRACT and at anytime thereafter maintain in the strictest confidence all information relating to the work and shall not, unless so authorized in writing by corporation, divulge or grant access to any information about the work or its results and shall prevent anyone becoming acquainted with either through CONTRACTOR or its personnel or authorized SUB-Contractors or agents. CONTRACTOR shall not avail of the information obtained in the course of work hereunder in any manner, whatsoever, nor shall CONTRACTOR divulge any information about the location of the work area of part thereof. CONTRACTOR shall not also destroy any report, note and technical data relating to the operation/ work and not required by the CORPORATION. The obligation is continuing one and shall survive after the completion/ termination of this agreement. 17.0 STATUTORY REQUIREMENTS: During the tenure of this CONTRACT nothing shall be done by the CONTRACTOR in contravention of any law, act and/or rules/regulations, there under or any amendment thereof governing interallia customs stowaways, foreign exchange etc. 18.0 INSURANCE: CONTRACTOR shall, at his own expense, arrange comprehensive insurance to cover all risks assumed by the CONTRACTOR under this CONTRACT in respect of its personnel deputed under this CONTRACT as well as Contractors equipment, tools and any other belongings of the CONTRACTOR or their personnel during the entire period of their engagement in connection with this CONTRACT. The CORPORATION shall have no liability in this regard whatsoever. 18.1 The contractor shall at his own expenses carry and maintain insurance with reputable insurance companies to the satisfaction of ONGC as follows. The contractor shall make the insurance to cover all his workers for the entire contract period. Employees state insurance act: The contractor agrees to and does here by accept full and exclusive liability for the compliance with all obligations imposed by the employees state insurance act, 1948, and the contractor further agrees to defend, indemnify and hold the ONGC harmless from any liability or penalty which may be imposed by the central, state or local authority by the reason of any ascertained violation by the contractor or sub contractor of the employee state insurance act, 1948, and also from all claims, suits or proceedings that may be brought against the ONGC arising under growing out of or by reason of

18.2

36
the work provided for 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. The contractor agrees to fill in with the employee state insurance corporation, the declaration forms and all forms which may be required in respect of the contractors or sub-contractors employees, who are employed in the work provided for or those covered by ESI from time to time under the agreement of the sub contractor to deduct the employees contribution as per the first schedule of the employees state insurance act from wages and affix the employees contribution cards at wages payments intervals. The contractor shall remit and secure the agreement of the subcontractor to result to the state bank of India, employees state insurance corporation account, the employees contribution as required by the act. The contractor agrees to maintain all cards and records as required under the act in respect of employee and payments and such records. Any expenses incurred for the contributions, making contributions or maintaining records shall be to the contractors or sub-contractors account. The ONGC shall retain such sum as be necessary from the total contract value until the contractor shall furnish satisfactory proof that the contributions as reward by the employees state insurance act 1948, have been paid. 18.3 Workmens Compensation and Employers liability insurance: Insurance shall be affected for all the contractors employees engaged in the performance of this contract. If any of this work is sublet, the contractor shall required the sub contractor to provide Workmens Compensation and Employers liability insurance for the later employees, if such employee are not covered under the contractors insurance. Any other insurance required under the law or regulation or by ONGC. Contractor shall also carry and maintain any and all other insurance, which he may be required under any law or regulation from time to time. 18.4 Accident or injury to workman: The ONGC shall not be liable for or in respect of any damage or compensation payable at law in respect or in consequence of any accident or injury to any workman or other person in the employment of the contractor or any sub contractor save and except an accident or injury resulting from any act or the default of the ONGC, his agents or servants and the contractor shall indemnify and keep indemnified the ONGC against all such damages and compensation (save except as aforesaid) and against all claims, demands, proceedings, costs, charges, and expenses what so ever in respect or in relation thereto. Transit insurance: In respect of all items to be transported by the contractor to the site of work, the cost of transit insurance should be borne by the contractor and the quoted price shall be inclusive of this cost. Third party liability insurance: The contractor shall take third party liability insurance with suitable coverage so as to indemnify the ONGC against all types of risks for the works being carried out by the other agencies at the site. Damage To The Property: The contract shall be responsible for asking good to the satisfaction of the Engineer-in-charge any loss or any damage to all structure and properties belonging to the corporation ltd or being executed or procured or being procured by the corporation Ltd or of other agencies within the premises of all the work of the ONGC. If such loss or damage is due to fault and / or willful acts or omission of the contractor, their employee, agents, representative or sub contractor. The contractor shall indemnify and keep the ONGC harmless of all claims for damages to property other than of the ONGC property arising under or by reason of this contract, if such claims result from the default and/ or negligence or willful acts or omissions of the contractor, his employee, agents, representative or sub contractor. ONGC is not liable for payment of any damages or loss incurred by the contractor during execution of the work, including transportation and handling.

18.5

18.6

18.7

37
a) CONTRACTOR shall, at his own expense, arrange appropriate insurance to cover all risks assumed by the CONTRACTOR under this CONTRACT in respect of its personnel deputed under this CONTRACT as well as Contractors equipment, tools and any other belongings of the CONTRACTOR or their personnel during the entire period of their engagement in connection with this CONTRACT. ONGC will have no liability on this account. Insurance by CONTRACTOR for Corporations existing property: CONTRACTOR shall take out insurance policies against all risks of loss or damage caused to Corporations property comprising but not limited to all rotating/ stationary equipments, pipe lines, storage tanks farms or any process handling equipments and tenders and other equipments for property owned or hired by CORPORATION and the works and part of the works taken over by CORPORATION however, caused by the CONTRACTOR or his authorized representatives, agent or sub-Contractors up to the deductible amount under the Corporations assured package policy in US$ per occurrence. Notwithstanding anything contained in any provision of this CONTRACT, save as specified above in this Clause CORPORATION shall defend, indemnify and hold harmless from and against any losses, damages, cost or claims relating to Corporations existing property except in case of gross negligence or willful misconduct of the Contractor, its subcontractor their agents or employees, in which case the Contractor shall be liable to bear any loss or damage occurring to the Property of the CORPORATION as a result of its gross negligence or willful misconduct, provided however, that such liability shall be limited to 100% of the CONTRACT Price. Gross Negligence means: any act or failure to act (whether sole, joint or concurrent) by a person or entity which was intended to cause, or which was in reckless disregard of or wanton indifference to, avoidable and harmful consequences such person or entity knew, or should have known, would result from such act or failure to act. Notwithstanding the foregoing, Gross negligence shall not include any action taken in good faith for the safeguard of life or property, willful misconduct means: intentional disregard of good and prudent standards of performance or proper conduct under the CONTRACT with knowledge that it is likely to result in any injury to any person or persons or loss or damage of property. c) Waiver of subrogation: All insurance policies of the CONTRACTOR with respect to the operations conducted hereunder as set forth in clause 13 hereof, shall be endorsed by the underwriter in accordance with the following policy wording:The insurers hereby waive their rights of subrogation against any individual, CORPORATION, affiliates or assignees for whom or with whom the assured may be operating to the extent of the Contractual indemnities undertaken by the CONTRACTOR. Certificate of Insurance: Before commencing performance of the CONTRACT, CONTRACTOR shall upon request furnish CORPORATION with certificates of insurance indicating (1) kinds and amounts of insurance as required herein (2) insurance CORPORATION or companies carrying the aforesaid coverage (3) effective and expiry dates of policies (4) that CORPORATION shall be given thirty (30) days written advance notice of any material change in the policy (5) waiver of subrogation endorsement has been attached to all policies and (6) the territorial limits of all policies. If any of the above policy expire or/ are cancelled during the term of this CONTRACT and CONTRACTOR fails for any reason to renew such policies, then CORPORATION may replace it and charge the cost thereof to CONTRACTOR. Should there be lapse in any insurance required to be carried out by CONTRACTOR hereunder for any reason, losses resulting there from shall be to the sole account of the CONTRACTOR. Such insurance shall be affected within Insurance Company incorporated and registered in India or jointly with Company of International repute and an Insurance Company incorporated and registered in India. Deductible: - That portion of any loss not covered by insurance provided for in this article.. Solely by reason of deductible provision in such insurance policies shall be to the account of the CONTRACTOR.

b)

d)

e)

f)

38
g) CONTRACTOR shall require all of its SUB-Contractors to provide such of the foregoing insurance cover as the CONTRACTOR is obligated to provide under this CONTRACT.

19.0 INDEMNITY AGREEMENT: 19.1 Indemnity by Contractor: Unless otherwise specified elsewhere in this CONTRACT, CONTRACTOR shall indemnify and keep indemnified CORPORATION, its CONTRACTORs (other than the CONTRACTOR) and/or sub CONTRACTORs and its/ their employees from all actions, proceedings suits, claims, demands, liabilities, damages, losses, costs, charges, expenses (including without limitation, wreck or debris, removal costs, where wreck or debris removal is ordered by a competent authority) judgments and fines arising out of or in the course of or caused by the execution of work under the CONTRACT or other obligations hereunder directly or indirectly associated herewith and or arising from : a) Personal injury, illness or death of: i) Any of CONTRACTORs or sub CONTRACTORs personnel (even if caused by or contributed to by the negligence of fault of CORPORATION); and

ii) Subject to clause 21.1 (a) (I) any other person to the extent the injury, illness or death is caused by the negligence or fault of the CONTRACTOR or CONTRACTORs personnel or sub CONTRACTORs or sub-CONTRACTORs personnel and b) Loss or damages to: i) Any property owned, hired or supplied by CONTRACTOR or CONTRACTORs personnel or sub CONTRACTORs or sub CONTRACTORs PERSONNEL INCLUDING Constructional Plant (even if caused by, or contributed to by, the negligence or fault of CORPORATION) OR

ii) Subject to clause 20.1 (b) (I) any other property to the extent the loss or damage is caused by the negligence or fault of the CONTRACTOR or CONTRACTORs personnel or sub CONTRACTORs or sub CONTRACTORs personnel. 19.2 Indemnity by Corporation : Unless otherwise specified elsewhere in this CONTRACT, CORPORATION shall indemnify and keep indemnified CONTRACTOR (which expression in this clause includes, unless the context otherwise requires. Sub CONTRACTORs of any tier and their employees) from all actions, proceedings, suits, claims, demands, liabilities, damages, losses, costs, charges, expenses and fines arising from: a) Personal injury, illness or death of: i) Any employee of the CORPORATION (even if caused by or contributed to by the negligence or fault of CONTRACTOR); ii) Subject to clause 20.2 (a) (I) any other person to the extent that the injury, illness or death is caused by the negligence or fault of CORPORATION; and b) Loss or damages to: i) Any property owned, hired or supplied by CORPORATION (even if caused by or contributed to by the negligence or fault of CONTRACTOR); except to the context that such property is in the care or custody of CONTRACTOR in connection with the work under the CONTRACT.

ii) Subject to clause 20.2 (b) (I) any loss or damage to any other property to the extent the loss or damage is caused by the negligence or fault of CORPORATION. 20.0 PATENT INDEMNITY: 20.1 The CONTRACTOR shall, subject to the CORPORATIONs compliance with Sub-Clause below, indemnify and hold harmless the CORPORATION and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorneys fees and expenses, which the CORPORATION may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract by reason of:

39
(a) (b) The installation, of the items by the CONTRACTOR or the use of the items in the country where the Site is located; and The sale in any country of the products produced by the items.

Such indemnity shall not cover any use of the items or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, neither any infringement resulting from the use of the items or any part thereof or any products produced thereby in association or combination with any other equipment, plant, or materials not supplied by the CONTRACTOR, pursuant to the Contract. 20.2 If any proceedings are brought or any claim is made against the CORPORATION arising out of the matters referred to in GCC above Sub-Clause, the CORPORATION shall promptly give the CONTRACTOR a notice thereof, and the CONTRACTOR may at its own expenses and in the CORPORATIONs name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim. If the CONTRACTOR fails to notify the CORPORATION within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the CORPORATION shall be free to conduct the same on its own behalf. The CORPORATION shall, at the CONTRACTORs request, afford all available assistance to the CONTRACTOR in conducting such proceedings or claim, and shall be reimbursed by the CONTRACTOR for all reasonable expenses incurred in so doing. The CORPORATION shall indemnify and hold harmless the CONTRACTOR and its employees, officers, and Subcontractors from and against any and ail suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorneys fees and expenses, which the CONTRACTOR may suffer infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided or designed by or on behalf of the CORPORATION.

20.3

20.4

20.5

21.0 INDEPENDENT CONTRACTOR STATUS: The CONTRACTOR shall act as an independent contractor performing the CONTRACT. The Contract does not create any agency, partnership, joint ventures or joint relationship between the parties. Subject to all compliance with the CONTRACT, the CONTRACTOR shall be solely responsible for the manner in which works are performed. All employees, representatives or sub-CONTRACTORs engaged by the CONTRACTOR in performing the CONTRACT shall be under the complete control of the CONTRACTOR and shall not be deemed to be employees of the CORPORATION and nothing contained in the CONTRACT or in any sub-CONTRACT awarded by the CONTRACTOR shall be construed to create any contractual relationship between any such employees or representative or Sub-CONTRACTOR and the CORPORATION. CONTRACTOR shall be responsible for the acts, defaults or negligence of the CONTRACTOR; his agencies, servant or workmen. 22.0 TERMINATION 22.1 Termination on expiry of the CONTRACT This Agreement shall be deemed to have been automatically terminated on the expiry of the CONTRACT period unless the ONGC has exercised its option to extend this CONTRACT in accordance with the provisions, if any, of this CONTRACT. 22.2 Termination on account of Force Majeure Either party shall have the right to terminate this CONTRACT on account of Force Majeure, as set forth in Clause No. 24. 22.3 Termination on account of insolvency In the event the CONTRACTOR or its collaborator at any time during the term of this Agreement becomes insolvent or makes a voluntary assignment of its assets for the benefit of creditors or is adjudged bankrupt, then the ONGC shall, by a notice in Writing have the right to terminate this CONTRACT and all the Contractors rights and privileges hereunder, shall stand terminated forthwith. 22.4 Termination for unsatisfactory performance If the ONGC considers that the performance of the CONTRACTOR is unsatisfactory or, not upto the

40
expected standard, the ONGC shall notify the CONTRACTOR in writing and specify in detail the cause of such dissatisfaction. The ONGC shall have the option to terminate this Agreement by giving 10 days notice in writing to the CONTRACTOR, if, CONTRACTOR fails to comply with the requisitions contained in the said written notice issued by the ONGC. 22.5 Termination for delay in mobilization Successful bidder shall be required to mobilize complete equipment along with crew (only crew in case of Operation and Maintenance Contracts) for commencement of services at the specified site within a maximum of 15 days from the date of Fax order / LOI / NOA. If the CONTRACTOR (successful bidder) fails to mobilize as above, the CONTRACT shall automatically stand terminated unless CORPORATION has extended the mobilization period with levy of Liquidated Damages, as per Clause 28.0. 22.6 Termination at the sole discretion of ONGC: Notwithstanding anything herein, the ONGC may at its sole discretion terminate this contract by giving to the contractor thirty (30) days notice to that effect without assigning any reasons whatsoever. 22.7 Consequences of termination In all cases of termination herein set forth, the obligation of the ONGC to pay shall be limited to the period up to the date of termination. Notwithstanding the termination of this Agreement, the parties shall continue to be bound by the provisions of this Agreement that reasonably require some action or forbearance after such termination. In case of termination of CONTRACT herein set forth except under 22.1 and 22.2, the CONTRACTOR shall be put on holiday [i.e. neither any enquiry will be issued to the party by ONGC against any type of tender nor their offer will be considered by CORPORATION against any ongoing tender(s) where contract between CORPORATION and that particular CONTRACTOR (as a bidder) has not been finalized] for two years from the date of termination by CORPORATION to such CONTRACTOR. 23.0 INSPECTION: All the jobs and materials supplied and / or used by the contractor will be inspected by Engineer-in-Charge or his authorized representative as per scope of work given in the tender document and their decision will be final and binding on the contractor. Any material not meeting specific requirement will be rejected and contractor shall replace the same immediately with material of specified type and quality free of cost. 24.0 SEVERABILITY: Should any provision of this agreement be found to be invalid, illegal or otherwise not enforceable by any court of law, such finding shall not affect the remaining provisions hereto and they shall remain binding on the parties hereto. 25.0 CONSEQUENTIAL DAMAGES: Notwithstanding either partys fault, neither party shall be liable to the other party in respect of any consequential damages whatsoever. The term Consequential Damages as used herein shall include without limitations to the meaning, loss of profit, production, business opportunities or use of assets. 26.0 LIQUIDATED DAMAGES: 26.1 If the Contractor fails to complete the work as provided in the Agreement within the completion period as per the contract, or at any time repudiates the contract, the ONGC without prejudice to any other right or remedy available, may at its discretion: a. Recover from the Contractor as ascertained and agreed liquidated damages, and not by way of penalty a sum calculated at the rate of % (half percent) per week or part thereof delay on the total value of the work delayed subject to a maximum of 10% of the total value of the work allotted. AND / OR Arrange for the work and or part of the work in default by the contractor to be carried out by any other contractor/ party by giving notice to the contractor on the account and at the sole risk and cost of the contractor. Such decisions of the ONGC will be final and binding on the contractor. The ONGC in such cases may terminate the contract.

b.

41
c. AND / OR Terminate the contract and or a portion or part of the work thereof and if so desired arrange the work in default by the Contractor to be carried out by any other party at contractors sole risk and cost where action is taken under sub clause (b) and/ or sub clause (c) above, Contractor shall be liable for all losses which ONGC may sustain on this account, provided the said work or part of the work in default by the contractor is assigned to any other party at any time within one month from the date of such failure and in case of repudiation of the Contract before expiry of the aforesaid period of completion at any time within six months from the date of termination of the Contract. The Contractor shall not be entitled to any gain on such alternative arrangement and manner and method of making such alternative arrangement shall be at the discretion of the ONGC with a notice of 24 hours.

26.2

In the event of the ONGC, because of circumstances beyond its control, cannot make available the site/equipment for carrying out the jobs as agreed in the contract, the Contractor shall only be entitled for extension in time limit and such extension shall not entitle the Contractor for any compensation or payment of whatsoever nature.

27.0 CHANGE IN LAW: 27.1. In the event of introduction of any new legislation or any change or amendment or enforcement of any Act or Law, rules or regulations of Government of India or State Government(s) or Public Body which becomes effective after the date of submission of Price Bid or revised price bid, if any, for this CONTRACT and which results in increased cost of the works under the CONTRACT through increased liability of taxes, (other than personnel and Corporate taxes), duties, the CONTRACTOR shall be indemnified for any such increased cost by the ORPORATION subject to the production of documentary proof to the satisfaction of the CORPORATION to the extent which directly is attributable to such introduction of new legislation or change or amendment as mentioned above and adjudication by the competent authority & the courts where ever levy of such taxes / duties are disputed by CORPORATION. 27.2. Similarly, in the event of introduction of new legislation or any change or amendment or enforcement of any Act or Law, rules or regulations of Government of India or State Government(s) or Public Body which becomes effective after the date of submission of Price Bid or revised price bid, if any, for this CONTRACT and which results in any decrease in the cost of the works through reduced liability of taxes, (other than personnel and Corporate taxes) duties, the CONTRACTOR shall pass on the benefits of such reduced cost, taxes or duties to the CORPORATION, to the extent which is directly attributable to such introduction of new legislation or change or amendment as mentioned above. 27.3. All duties, taxes (except where otherwise expressly provided in the Contract) as maybe levied / imposed in consequences of execution of the Works/Services or in relation thereto or in connection therewith as per the Acts, Laws, Rules, Regulations in force on the date of submission of Price Bid or revised price bid, if any, for the this CONTRACT shall be to CONTRACTOR'S account. Any increase / decrease in such duties, taxes after the date of submission of price bid or revised price bid, if any, but within the contractual completion / mobilization date as stipulated in the CONTRACT will be to the account of CORPORATION. 27.4. Any increase in the duties and taxes after the contractual completion / mobilization date during the extended period will be to the contractor's account, where delay incompletion /mobilization period is attributable to the CONTRACTOR. However, any decrease of duties and taxes after the contractual completion / mobilization date will be to CORPORATIONS account. 27.5. The Contract Price and other prices given in the Schedule of Prices are based on the applicable tariff as indicated by the ONTRACTOR in the Schedule of Prices. In case this information subsequently proves to be wrong, incorrect or misleading, CORPORATION will have no liability to reimburse/pay to the CONTRACTOR the excess duties, taxes, fees, if any finally levied / imposed by the concerned authorities. However, in such a event, CORPORATION will have the right to recover the difference in case the rate of duty/tax finally assessed is on the lower Side. 27.6. Notwithstanding the provision contained in clause 27.1 to 27.4 above, the CORPORATION shall not bear any liability in respect of : (i) Personal taxes on the personnel deployed by CONTRACTOR, his subcontractor / sub-sub contractors and Agents etc.

42
(ii) Corporate taxes and Fringe benefit tax in respect of contractor and all of their subcontractors, agents etc. Other taxes & duties including Customs Duty, Excise Duty and Service Tax in addition to new taxes etc. in respect of sub-contractors, vendors, agents etc of the CONTRACTOR 28.0 LIABILITY OF THE GOVERNMENT OF INDIA: It is expressly understood and agreed by and between the CONTRACTOR and ONGC (the Indian PSU) that ONGC 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 Govt. of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that ONGC is an independent legal entity with power and authority to enter into Contracts solely in its behalf under the applicable laws of India and general principles of CONTRACT Law. The CONTRACTOR expressly agrees, acknowledges and understands that ONGC is not an agent, representative or delegate of the 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, and commission, breaches or other wrongs arising out of the CONTRACT. Accordingly, CONTRACTOR hereby expressly waives, releases and forgoes any and all actions or claims, including cross claims, imp leader claims or counter claims against the Govt. of India arising out of this CONTRACT and covenants not to the Govt. of India as to any manner, claim, cause of action or thing whatsoever arising of under this CONTRACT 29.0 FORCE MAJEURE: In the event of either party being rendered unable by Force Majeure to perform any obligation required to be performed by them under the CONTRACT, the relative obligation of the party affected by such Force Majeure shall be suspended for the period during which such cause lasts. The term Force Majeure" as employed herein shall mean acts of God, War, Civil Riots, Fire directly affecting the performance of the CONTRACT, Flood and Acts and Regulations of respective government of the two parties, namely ONGC and the CONTRACTOR. Upon the occurrence of such cause and upon its termination, the party alleging that it has been rendered unable as aforesaid thereby, shall notify the other party in writing, the beginning of the cause amounting to Force Majeure as also the ending of the said clause by giving notice to the other party within 72 hours of the ending of the cause respectively. If deliveries are suspended by Force Majeure conditions lasting for more than 2 (two) months, ONGC shall have the option of canceling this CONTRACT in whole or part at his discretion without any liability at his part. Time for performance of the relative obligation suspended by Force Majeure shall then stand extended by the period for which such cause lasts. 30.0 EMPLOYMENT BY FIRMS TO OFFICIALS OF ONGC Firms/ companies who have or had business relations with ONGC are advised not to employ serving ONGC employees without prior permission. It is also advised not to employ ex-personnel of ONGC within the initial two years period after their retirement/resignation/severance from the service without specific permission of ONGC. The ONGC may decide not to deal with such firm(s) who fails to comply with the above advice. 31.0 PREFERENCE TO LOCAL COMPANIES:CONTRACTOR agrees to give priority and preference to locally owned companies, when hiring Sub CONTRACTOR, SUBJECT TO price, quality and delivery being equivalent. 32.0 JURISDICTION AND APPLICABLE LAW:This Agreement including all matter connected with this Agreement, shall be governed by the laws of India (both substantive and procedural) for the time being in force and shall be subject to exclusive jurisdiction of the Indian Courts (the place where the CONTRACT is signed in India). All questions, disputes or differences arising under, out of or in connection with the agreement shall be subject to the exclusive jurisdiction of the Courts of Mumbai only. 33.0 ARBITRATION: 33.1 Except as otherwise provided elsewhere in the CONTRACT if any dispute, difference, question or disagreement arises between the parties hereto or the respective representatives or assignees, at any time in connection with construction, meaning, operation, effect, interpretation or out of the

43
CONTRACT or breach thereof the same shall be referred to Arbitration of Sole Arbitrator appointed by the Director of ONGC. 33.2 33.3 33.4 It is also agreed that there will be no objection for appointment of an employee of ONGC as Sole Arbitrator who also holds shares of ONGC. Appointment of Arbitrator shall be made within 30 days of the receipt of the arbitration notice. If the Arbitrator so appointed dies, resigns, incapacitated or withdraws for any reason from the proceedings, it shall be lawful for the Director of ONGC to appoint another person in his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage where his predecessor had left if both parties consent for the same; otherwise, he shall preceded novo. It is a term of the CONTRACT that the party invoking arbitration shall specify all disputes to be referred to arbitration at the time of invocation of arbitration and not thereafter. It is also a term of the CONTRACT that neither party to the CONTRACT shall be entitled for any antelite (pre-reference) or pendente-lite interest on the amount of the award. The Arbitrator shall give reasoned award and the same shall be final, conclusive and binding on the parties. The venue of the arbitration shall be the place from where the purchase order / CONTRACT has been placed / made. It is a term of the CONTRACT that the cost of the arbitration will be borne by the parties in equal shares. Subject to as aforesaid, the provisions of Arbitration and Conciliation Act 1996 and any statutory modifications or re-enactment in lieu thereof shall apply to the arbitration proceedings under this clause.

33.5 33.6 33.7 33.8 33.9 33.10

34.0 LABOUR LAWS ARBITRATION AND OTHER LEGAL MATTERS 34.1 34.2 Before deploying the persons inside the plant, contractor will furnish their complete bio-data including qualifications, experience, permanent and temporary addresses etc. After the contract is awarded, the contractor should be required to produce license under Contractor Labor (Regulation & Abolition) Act, 1970, before commencement of work, if applicable. Form-V required for obtaining the labor license shall be issued along with the LOI.

Contractor should hire the workers in Maharashtra State only. If he recruits the workmen from outside the Maharashtra State for employment in Maharashtra, he should get the firm registered under InterState Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 and Central Rules, 1980. 35.0 OBSERVANCES OF LABOUR LAWS The contractor shall observe and abide by all Labor Laws, Rules and Regulations prevailing in the country including Contract Labor (R&A) Act, EPF & Misc. Provisions Act and Minimum Wages Act etc. and shall keep ONGC harmless and indemnified against any action or for any violation or non-compliance of any Act etc. 36.0 GOVT. DIRECTIVES ON EMPLOYMENT OF LABOUR The contractor shall follow the directives of Govt. of India regarding implementation of reservation in respect of SC/ST personnel in terms of employment for the job awarded. 37.0 CONTINUANCE OF THE CONTRACT: Notwithstanding the fact that settlement of dispute(s) (if any) under arbitration may be pending, the parties hereto shall continue to be governed by and perform the work in accordance with the provisions under this CONTRACT. 38.0 PAYMENT OF WAGES TO LABOURERS 38.1 The contractor shall comply with all laws/rules including but not limiting to Contractor Labor (R&A) Act, 1970, Minimum Wages Act, Payment of Wages Act, Workmen Compensation Act, Fire Safety

34.3

44
Regulations, etc. And shall keep ONGC harmless and indemnified against any action brought against ONGC for any violation or non compliance of any Acts, Rules, etc., by him. 38.2 38.3 For those workmen who are not covered under ESI Act, the contractor shall take appropriate insurance policy and submit a copy of the same to ONGC. In respect of all labor directly or indirectly employed in the works for performance of contractors part of this agreement the contractor shall comply with or cause to be complied with Contractors Labor Regulations from time to time in regard to payment of wages, wage period, deductions from wages, recovery of wages not paid and deductions unauthorized made, maintenance of wage books, wage slips publication of scale of wages and other terns of employment inspection and submission of periodical returns and all other matters of a like nature. Every worker shall be given a paid weekly holiday normally on Sunday in accordance with the provision of the Minimum Wages (Central) Rules, 1950, as amended from time to time irrespective of whether such worker is governed by the Minimum Wages Act, 1948, or not. The engineer-in-charge shall have the right to deduct from the moneys due to the contractor any sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of non-fulfillment of the conditions of the contract for the benefit of workers, nonpayment of wages or of deductions made from his or their wages which are not justified by their terms of the contract or non-observance of the regulation. Under the provisions of Minimum Wages Act, 1948 and the Minimum Wages (Central) Rules, 1950 the contractor is bound to allow or causes to be allowed to the laborers directly or indirectly employed in the works one day rest for six days continuous work and pay wages at the same rates as for duty. In the event of default the engineer-in-charge shall have the right to deduct the sum or sums not paid on account of wages for weekly holiday to any laborers, and pay the same to the persons entitles thereto from any money due to the contractor. Vis--vis the ONGC and the contractor shall be primarily liable to all payments to be made there under, and for the observance of the provisions aforesaid without prejudice to his right to claim indemnity to his sub-contractors. The regulations aforesaid shall be deemed to be a part of this contract and any breach thereof shall be deemed to be beach of this contract. In respect of all labor directly of indirectly employed in the work for the performance of the contractors part of this agreement the contractor shall at his own expenses arrange from time to time and shall at his own expenses provide for all the facilities in connection therewith. In case the contractor fails to make arrangement and provide necessary facilities as aforesaid he shall be liable to penalty of Rs. 50/- for each default and in addition the engineer-in-charge shall be at liberty to make arrangement and provide facilities as aforesaid and recover the costs incurred in that behalf from the contractor. In the event of contractor (s) committing a default or breach of any of the provisions of the Contractors Labor Regulation and Model Rules for the protection of health and sanitary arrangements for his workers as amended from to time or furnishing information or submitting or filling any statement under the provisions of the regulations and rules which is materially incorrect, he/they shall without prejudice to any other liability pay to the ONGC a sum not exceeding Rs. 50/for every default, breach or furnishing, making, submitting, filling such materially incorrect statements and in the event of the contractors defaulting, continuously in this respect, the penalty may be enhanced to Rs. 50/- per day for each day of default subject to a maximum of 5% of the estimated cost of the work awarded. The decision of engineer-in-charge shall be final and binding on the parties. Section 97, III and 3(1) of the Factory Act, 1948 and the Workmen Compensation Act, 1923 respectively are to be followed strictly and being detailed as below: Section 97 (Offence by worker) of the Factory Act says that: a) Subject to the provisions of section III, if any worker employed in a factory contravenes any provisions of this Act of any Rule or orders made there under, imposing any duty or liability on workers, he shall be punishable with fine which may extend to Rs. Five hundred.

38.4

38.5

38.6

38.7 38.8

38.9

38.10 38.11

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b) Where a worker is convicted of an offence punishable under section (1) the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention.

38.12

Section III (Obligation of Worker) a) No worker in a factory: i. Shall willfully interfere with or misuse any appliance, convenience or other things provided in the factory for the purpose of securing the health, safety or welfare of the workers therein. ii. Shall willfully and without reasonable cause do anything likely to endanger him self or others.

iii. Shall willfully neglect to make use of any appliance or other thing provided in the factory for the purpose of securing the health of safety of the workers therein. b) If any worker employed in a factory contrivances any of the provision of section or of any rule or order made there under, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Rs. 100/- (rupees one hundred only) or with both. 38.13 Section 3(1) in chapter II of the Workmens Compensation Act, 1923. If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter. Provided that the employer shall not be so liable: a) b) In respect of any injury which does not result in the total or partial disablement of worker for a period exceeding three days. In respect of (injury resulting in death, caused by) an accident which is directly attributed to: i. the workman having been at time there of under influence of drink or drugs; OR ii. iii. the willful disobedience of the workman to an order expressly given or to a rule expressly formed for the purpose of securing the safety of the workman; OR the willful removal or disregard by the workman of any safety guard or other device which is known to have been provided for the purpose of securing the safety of workman.

The contractor should obtain the requisite license for undertaking the job on contract from the respective labor authorities and produce a copy of the same to ONGC 39.0 INTERPRETATION: The titles and headings of the sections in this CONTRACT are inserted for convenient reference only and shall not be construed and limiting or extending the meaning of any provisions of this CONTRACT. 40.0 ENTIRE AGREEMENT: This Agreement supersedes all prior Agreements and commitments, whether oral or in writing between the parties concerning the subject matters thereof. The right of either party to require strict performances will not be affected by any previous waiver or course of dealing. Neither this Agreement nor any modification will be binding on a party unless signed by an authorized representative of CONTRACTOR and ONGC. 41.0 SITE POLLUTION RESPONSIBILITY: In the performance of any and all services and the works hereunder by the contractor or his sub-contractors, the Contract shall accept full responsibility for compliance with all applicable laws and government orders, rules and regulations with as amended/ in force from time to time relating to pollution. Contractor and his subcontractor(s) shall also comply with additional provisions as may be notified to the contractor by the Corporation without in any way limiting the generalist of the preceding sentences, it is specifically agreed that the Contractor shall comply with the following.

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(a) (b) (c) Solid waste, such as tins, bottles, or any from of trash, must be transported to from the site to place decided by Corporation and the cost to be borne by Contractor. Solid combustible waste must be transported from site to place decided by Corporation & the cost to be borne by Contractor. The Contractor agrees to inform and his supervisors of such laws, orders and regulations and to make all his employees and the sub-contractor fully cognizant of their responsibilities there under. The Corporations Representative may discuss interpretations and applications of the laws, orders and regulations referred above with the Contractors Representative or site superintend but such discussions shall not in any way relieve the Contractor of his responsibility hereunder. In addition and without in any way limiting, restricting or prejudicing any of the Corporations other rights and remedies, whether arising under any other provisions of this contract or under any rule of law, the contractor shall; i) Clean up and remove any pollution resulting from its non-compliance with the provisions of this Section, at his cost and expense, and If the Contractor falls to do so, the Corporation may clean up and remove the pollution in such case the Contractor shall reimburse the Corporation upon receipt of bills from the Corporation for the cost of such clean up and removal. ----------xxxxx-------

ii)

47
ANNEXURE II CHECK LIST The bidders are advised in their own interest to ensure that the following points/aspects in particular have been complied with in their offer. i. Please tick whichever is applicable and cross whichever is/are not applicable. ii. Please fill up the BEC Matrix in the given format and sign it on each page. iii. Please sign each sheet of the offer. iv. Please number the each & every page of the offer serially. v. Please submit the tender document copy duly signed with seal , on each & every page. vi. The checklist duly filled in must be returned along with the offer. COMMERCIAL 1. Whether requisite tender fee has been paid? Yes 2. No Not Applicable Appendix - 1

If so, furnish the following: (i) By IPO/Bank Draft/Cashiers Cheque : (ii) Name of the Bank/post office: (iii) Value. (iv) Number of IPO/Bank Draft/Cashier's Cheque/Bankers Cheque (v) Date of issue of IPO/Bank Draft/Cashier's Cheque/ Bankers Cheque. Whether Bank Draft/ Bank Guarantee/ Bankers Cheque/ cashiers Cheque/ proof of opening of Letter of Credit for the requisite earnest money has been enclosed with the offer? Yes No Not Applicable

3.

4.

If so furnish the following: i. Name of the Bank : ii. Value : iii. Number : iv. Date of issue : v. Period of validity of the Bank Draft/Bank Guarantee/ Letter of Credit.: (The validity of Bank Guarantee / Bank Draft should not be less than 150 days from the date of opening of tender). ONGC shall make payments only through Electronic Payment mechanism (viz. NEFT/RTGS/ECS). Bidders should invariably provide the following particulars along with their offers: i. ii. iii. iv. v. vi. vii. viii. Name & Complete Address of the Supplier/ Contractor as per Bank records. Name & Complete Address of the Bank with Branch details. Type of Bank account (Current/Savings/Cash Credit). Bank Account Number (indicate Core Bank Account Number, if any). IFSC/NEFT Code (11 digit code)/MICR code, as applicable, along with a cancelled Cheque leaf. Permanent Account Number (PAN) under Income Tax Act; TIN/Sales Tax Registration Number (for supply of Goods) and Service Tax Registration Number (for providing Services), as applicable. e-mail address of the vendor/ authorized official (for receiving the updates on status of payments

5.

Whether the above details have been provided in the bid document? Yes No Not Applicable

48
6. Has the bidder's past experience Performa (Appendix-6) been carefully filled and enclosed with the offer? Yes 7. Whether firm prices have been quoted? Yes 8. Whether rates have been quoted exactly as per the price bid format? Yes 9. No Not Applicable No No

If the Bidder is seeking business with ONGC for the first time, has he given the details of the parties to whom the offered items/services have been provided in past along with their performance report? Yes No

10.

Whether Appendices 2 & 3 of Annexure-1 of the bidding document in original, duly filled in and a confirmation that clauses of Annexure I and II are complied / accepted, enclosed with the offer? Yes No

11.

Whether all the clauses of the bidding document are accepted? Yes No

12.

Whether details of your registration under Sale Tax/ Central Sales Tax/ Works Contract Tax/ Service Tax have been indicated in the offer? Yes No Not Applicable

13.

Whether the Bidder has quoted after taking into account various incentives and concessions permissible under statutes? Yes No Not Applicable

(Signature of the Bidder & Seal of the firm)

49
ANNEXURE III GENERAL OBLIGATIONS 1.0 CONTRACTORS OBLIGATIONS 1.1. All the tools & tackles required for the job will have to be arranged by the contractor. The contractor shall be solely responsible for safe custody of their tools and tackles. Contractor will have to provide cotton uniform, Safety shoes, cotton hand gloves, helmets, Safety belts and other safety items to their persons at their own cost. Persons without kits and liveries mentioned above will not be allowed inside the plant. All the work men engaged by the contract agency should be physically fit, should have sound mind and should possess good conduct and discipline. The work is to be carried out in RESTRICTED AREA and the contractor will have to work as per instructions of Engineer-in-charge .Contractor should obtain permission in standard format for each and every employee working for the contractor. They are liable for physical check by competent authority as decided by Engineer-in-charge at any time. After completion of every activity, the contractor shall have to shift the unused items / consumables to a designated area as per guidance of concerned user Section or Engineer-in-charge or his authorized representative. For carrying out the work at site, Material handling facilities are to be made available and to be borne by the contractor. Contractor has to provide boarding and lodging facility to their employees for carrying out the subject job. ONGC will not be responsible for the same. The contractor should be ready to work round the clock, as per the instructions of Engineer-in-Charge if the job demands so. No extra payment will be made for such working. No ongoing job is to be interrupted in between for want of time and it is to be completed on continual basis. If required, job is to be continued beyond normal working hours and including holidays / Saturday/ Sunday. The bidder while quoting for the job shall consider necessary statuary requirement of working hours & extra payment, if any.

1.2.

1.3.

1.4.

1.5.

1.6.

1.7.

1.8.

1.9.

2.0

MATERIAL / FACILITIES PROVIDED BY ONGC 2.1 Transportation / shifting of material within the plant premises shall be arranged by concerned user Section /Engineer-in-charge or his authorized representative. 2.2 2.3 2.4 2.5 Electricity and water will be supplied by ONGC free of cost at one point. Equipment will be handed over to the contractor after taking all the safety precautions as per ONGC norms. Specialized nature safety equipment if any will be provided by ONGC. The contractor shall be responsible for its safe use and shall return upon completion of job. In case of accident, only first aid facility can be provided by ONGC. Contractor may also request to make their own arrangement of FIRST AID facilities for their employees. In case of accident, transport facility to the nearest hospital may be provided by ONGC depending upon the availability. Cranes, Trucks, etc., if available and required for the job as decided by concerned user Section/ Engineer-in-charge, shall be provided by ONGC within plant premises free of cost. Specialized nature safety equipment if any will be provided by ONGC. The contractor shall be responsible for its safe use and shall return upon completion of job ========

2.6 2.7

50
ANNEXURE IV SAFETY AND SECURITY CODE FOR ONGC The purpose of the safety code is to safeguard against the mishap and damage to the men, material and machinery while carrying out the work in ONGC area associated satellite stations. The contractor must adhere to the code to ensure complete safety. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. No smoking shall be permitted. Carrying matches or lighters inside the ONGC area is strictly prohibited. These must be deposited at Main Gate with CISF. Entry of automotive vehicles within plant premises is prohibited unless authorized by Fire & Safety Permit issued by competent authority. No work in ONGC area to be carried out unless authorized by work permit issued by competent authority. No hot works which produce open flame sparks or any ignition source etc. is carried out in the ONGC area unless such work is authorized by Fire & Safety Permit issued by competent authority. It will be the responsibility of the contractor to see that specialized safety appliances supplied by the company are used with care. Any damage to such equipment will be recovered from the contractor. Contractor must comply with ONGCs procedure of Injury reporting. A report in this connection must reach in time to concerned authority of ONGC for further action. Contractors worker shall not tamper or interfere with any machine or equipment in the operating area. He should use, adjust and repair equipment only when authorized. Never meddle with switches, controls, levers, valves, etc. Strict compliance with all plant safety rules, cautionary sign and verbal safety instructions shall be observed. Keep work place tidy, dispose off rubbish and waste in the containers provided. Use right tools for the job to perform job safely. Bringing in or being under the influence of intoxicant or narcotics inside the plant premises is prohibited. Any situation likely to affect the safety of any employees or other co-workers must be promptly reported to the Engineer-in-charge. Loitering inside the plant area is strictly prohibited. Cover OWS, Stream, water, funnel points, manholes, vents, drains and valves in the vicinity with asbestos blankets. All photo passes or tokens issued shall be surrendered to security section immediately after the expiry or termination of contract. Security deposit will be refunded only after submitting clearance from security section. Loss or replacement of the same shall invite penalty as per the prevailing rules of ONGC. All existing and amended safety, fire and security rule of ONGC are to be followed within plant without fail. In addition to the above basic safety code, all contractors workers will have to undergo safety and fire induction training before employing them for actual work.. ONGC local safety department will make necessary arrangement to conduct such safety induction program for contractors employees. Contractor must ensure that all his employees receive this training. Issue of photo gate passes: For entry to ONGC Uran photo passes will be issued by ONGC security department for which necessary formalities as required by security department are to be complied with. For Police verification certificate and all the charges will be borne by the contractor. The successful contractor who has been awarded the job shall apply in the prescribed Performa for issue of photo gate pass of their workers and site supervisors well in advance before actual start of work at ONGC, Uran.

16. 17.

18.

51
19. Return of photo gate passes: 19.1. All the photo gate passes issued to the contractors workers/site supervisors have to be surrendered essentially after completion of the work. Against the loss of any of the photo gate passes issued to the contractor shall invite penalty as mentioned below of as decided by ONGC from time to time : Whenever any photo gate pass is lost, the contractor or the contractors employees concerned should lodge a police complaint immediately stating actual facts in the complaint. i) In case of first loss of photo gate pass, a penalty of Rs. 250/- (rupees two hundred fifty only) will be imposed for each lost/damaged pass and duplicate pass will be issued, if needed. In case of second loss of photo gate pass, a penalty of Rs. 500/- (rupees five hundred only) will be imposed and triplicate pass will be issued, if needed. In case of loss of photo gate pass third time, a penalty of Rs. 600/- (rupees six hundred only) will be imposed and contractors employee concerned will be black listed from ONGC and no further passes will be issued to the contractor for the concerned individual. If the contractor withdraw any of their employees deployed at the site of ONGC, Uran during the execution of the job, it is advised to surrender the photo gate pass immediately to Incharge CISF - Pass Section, ONGC Uran and submit the proof of cancellation of the said photo gate pass to In-charge Contract Cell. Any outstanding photo gate pass against the contractor will lead to non-clearance of their final bill after completion the work.

19.2.

ii)

iii)

iv)

20.

Certificate regarding verification of antecedents of contract employees: The successful contractor shall produce a certificate from the Gram Panchayat or Block development Officer of the native place of each worker regarding verification of antecedents of persons. In lieu of this, the authorized signatory of the firm may also give an undertaking that the persons deployed by him bear good moral character. On production of such certificate photo passes to these persons will be issued as per procedure. However, police verification will be done by ONGC, CISF for the persons deployed at site and if any person is found having adverse remarks as per police verification report, his pass will be cancelled immediately. No claim from contractor whatsoever on this account shall be entertained by ONGC. Contractor shall provide medical fitness certificate of employees from a registered medical practitioner, if required by Engineer-in-Charge. ONGC reserves the right to ask the contractor to replace any person due to misbehavior or lack of knowledge. Replacement is to be provided immediately. ===========

21. 22.

52
ANNEXURE-V SCOPE OF WORK A. Application of titanium putty on the exchanger Tube sheet face covers and Brush able ceramic coating on inside of the channel section & end cover of Exchangers of LPG-I & II in situ as per the details below: Sl No. 1. Exchanger Tag No. Tubes No of (Length X No of Exchangers Tubes X Dia) Tube sheet O. D

E-110 (Re-Generation. Comp. Discharge 2 6000X 400 X 790 mm Cooler of LPG-1) E-510 (Re-Generation. Comp. Discharge 2. 1 6000 X 518 X 850 mm Cooler of LPG-2) 3. E-116 (Propane Column Bottom Cooler) 1 6000 X 60 X 307 mm 4. E-112 (Propane Condensers) 5 8500 X 2300 X 1503 mm 5. E512 (Propane Condensers) 3 8500 X 1600 X 1278 mm E-114 (Propane Column Reflux 6. 1 6000 X 450 X 814 mm Condenser) E-111/E-511 (Re-Generation Gas 7. 2 6000 X 774 X 1014 mm Cooler) TOTAL 15 All the metallic parts of the heat exchanger such as tubes, tube sheets, shell, nozzles, end covers & flanges are of carbon steel. Note: If ONGC is not able to provide any exchanger as mentioned above, alternate exchanger of similar type shall be provided for the job. B. WORK PROCEDURES: i. Contractor has to arrange suitable Putty materials of makes like Devcon / Hankel / Belazona / L & T makes OR any other make as practiced in the industries. ii. iii. iv. Suitability & Technical details of the products must be provided along with the bid. Titanium putty is to be applied on All the exchanger Tube sheet face cover Brush able ceramic coating is to be applied on the inside of the channel section & end cover of Exchangers a) Contractor has to remove the exchanger channel with end cover and follow the following activities. b) The tube sheet surface shall be cleaned by pneumatic powered brush / electrically operated mechanical brush, to increase surface roughness. c) To enhance the roughness to tube sheet ligament shall be punched with HS punch to enable good adhering. d) Job shall be carried out during day times from 0930 to 1700 hrs only. e) The entire job of application of putty shall be carried out on exchangers in situ at LPG-I & II. f) Contractor has to arrange the necessary tools, tackles, required quantity of putty, paint & accessories and any other thing required to carry out the job.

g) Regarding start of up job ONGC will intimate the contractor 07 days in advance from the date of commencement of job. h) The application of putty & paint shall be started immediately after completion of cleaning & passivation job by other contractor.

53
i) j) Titanium Putty to be applied on the tube sheet face cover, all ligaments and expanded tube to tube sheet area, welds etc. After carrying out above activities, putty shall be applied all over the tube sheet surface.

k) Both side end covers & channels should be cleaned with mechanical brush / chemical cleaning followed by 2 coats of Zinc oxide primer before applying ceramic coating as per the direction of Engineer-InCharge. l) After completion of above job, contractor has to fix the channel with end cover.

m) Contractor has to produce suitability certificates of the putty to be used from the OEM and get approval from the Engineer-In-Charge before utilization.. v. Other points a) Low tension power supply and connections shall only be provided by ONGC b) c) d) e) f) g) C. Water and air (at 4-6 kg /cm2 pressure) shall be provided by ONGC at the nearest location, further connection / piping if required shall be arranged by the contractor. Gaskets, bolt, stud, nut etc. if required shall be provided by ONGC. The logistics support like crane and truck at the gate & inside the plant premises if required shall be arranged by ONGC. Contractor has to arrange & provide hard hats, safety shoes and protective gears such as face mask, hand gloves etc, for their workmen as per ONGC safety standards. No idling charges will be paid by ONGC during the job. Payment shall be released as per payment clause in the tender. Contractor shall clean all the debris generated through the job on daily basis.

JOB COMPLETION PERIOD: i. ii. Note: Contractor has to obtain work permit before start up of the job at site. The time taken in obtaining work permit is inclusive of above period Contractor has to complete the entire job of application of putty for all the 15 Exchangers within 120 Working days from the date of start of work. The delay in execution of above activities shall liable to deduction of amount as per applicable L.D. Clause of the tender document.

D.

SPECIAL TERMS & CONDITIONS: i. Mobilization: Bidder has to mobilize men, material including putty & paint at site for execution of job for which bidder shall be intimated one week (07 days) in advance. ii. Payment terms: 100% payment shall only be made as per the completion of job of individual exchanger after successful completion of individual job as per Scope of Work and as per the Payment terms of the contract document. iii. Bidder has to submit the bill/invoice in quadruplet in the name of DGM (F&A), ONGC, Uran and should be endorsed in central dispatch section with following details : a. Purchase Order No: b. Vendor Code No:

54
c. Invoice date: d. Invoice value: e. Address as per contract/ Purchase Order: iv. Quality Assurance Plan (QAP): Bidder has to prepare and submit QAP confirming to the activities to be carried out during application of putty & painting job on the exchangers and to be submitted to concerned Engineer I/C for approval before start up of the job and shall execute the job accordingly. Inspection & testing: Inspection in regard of proper application of putty and fitment of the channel section & end covers shall be carried out in the presence of the Engineer-In-Charge at site. However, if at any stage he observes something wrong, the same shall be rectified by the contractor immediately with out any delay. Contract period: Contract period for the tender job shall be 12 months. However, bidder has to complete the job within stipulated time period. Late Delivery (L.D.): In the event bidder fails to execute the job within stipulated time L.D. shall be imposed @ % of the contract value per week or part thereof to a maximum of 5% of the contract value as per the L. D. Clause in the contract agreement. During fitment If any problem/leakage is observed, the same is to be rectified by the bidder immediately at no extra cost. Guarantee / Warrantee: Contractor has to furnish Guarantee/Warrantee certificate for a period of 12 months from the date of completion of individual Exchanger job as per scope of work. =======

v.

vi.

vii.

viii.

ix.

55
ANNEXURE V I BID EVALUATION CRITERIA (A) VITAL CRITERIA FOR ACCEPTANCE OF BIDS: Bidders are advised not to take any exception/ deviations to the bid document, if exceptions/ deviations are maintained in the bid, such conditional/non-conforming bids shall not be considered and will be rejected outright. REJECTION CRIETERIA TECHNICAL B.1. TECHNICAL REJECTION CRITERIA: The following vital technical conditions shall be strictly complied with, failing which the bid will be rejected: B.1.1 Bid should be complete and covering the entire scope of job and should conform to the Scope of Work along with technical specifications indicated in the bid document, duly supported with technical catalogues / literatures if any. Incomplete and non-conforming bids will be rejected outright. Bidder should have minimum 02 (Two) Years of experience in providing similar services such as Application of Titanium Putty & Brush able Ceramic coating on Heat Exchangers, Pressure vessels in the field of Petro-Chemical Industry OR Chemical industry OR Refinery OR Fertilizer Plant OR Power Plant OR PSU OR Hydro Carbon Industries OR Hydro Carbon Process Plant OR Government Organization OR Industrial Units. In this regard the bidder should have executed at least 02 (Two ) Contracts/Work orders of similar nature in 02 (Two )different financial years during the last seven years, ending last day of month previous to the one in which applications are invited. They must submit notarized copies of Work Orders / Contracts, along with the notarized copies of their job completion report In case of non availability of the job completion report, bidder must submit their documentary evidences as given below duly notarized, in proof of their satisfactory completion of each of those contracts.
i. ii. iii. iv.

(B)

B. 1.2

Satisfactory Completion / Performance report OR Proof of release of Performance Security after completion of the contract OR Proof of settlement /release of final Payment against the contract OR

Any other notarized documentary evidence that can substantiate the satisfactory execution of each of the contract cited above from reputed leading public & private sector clients in support of above The work orders should be dated on or after 01/04/2003 B. 1.3 In line In line with above Services, the bidder must have executed the job of Application of Titanium Putty & Brush able Ceramic coating jobs having work order value as below. i. ii. iii. A single work order of value not less than Rs.17,44,600/- (Rupees Seventeen Lakhs Forty Four Thousand Six Hundred Only) OR Two work orders of value not less than 10,90,380/- (Rupees Ten Lakhs Ninety Thousand Three Hundred Eight Only) each OR Three work orders of value not less than Rs. 8,72,300/- (Rupees Eight Lakhs Seventy Two Thousand Three Hundred Only) each

They must submit notarized copies of Work Orders / Contracts, along with the notarized copies of their job completion report OR Documents as mentioned at clause B. 1.2. The work orders should be dated on or after 01/04/2003

56
B. 1.4 In case the bidder is not a manufacturer of the said putty, then the bidder is required to obtain the documentary evidence in respect of the Technical suitability for the said application as mentioned, from the concerned OEM and submit the same along with the techno-commercial bid.

B.2

COMMERCIAL REJECTION CRITERIA: The following vital commercial conditions should be strictly complied with, failing which the bid will be rejected. B.2.1 Proof of the sale/ issue of bid document: The forwarding letter, in original, as a proof of issue of the tender document (purchased against payment of requisite tender fee), duly signed by tender issuing officer, must be submitted by the bidder along with techno commercial offer Bid should be submitted in Two Bid System in two separate envelopes super scribed as follows: Envelope No. 1 : Techno-commercial Bid Tender No. : Due On : Envelope No. 2 : Priced Commercial Bid Tender No.: Due On : The Techno Commercial bid shall contain all details including the Tender Document in Original but with the price column of the price bid format blanked out. However a tick mark ( ) shall be provided against each item of the price bid format to indicate that there is a quote against this item in the Priced Commercial bid. The Priced bid shall contain only the prices duly filled in as per the price bid format. (Offers with techno commercial bidcontaining prices shall be rejected outright). B.2.3 The Bidder should submit notarized copy of proof of Registration of their establishment/ firm under any one of the following categories. i. Indian Companies Act 56. ii. Indian Partnership Act32. iii. Shops and Establishment Act 48 iv. Factories Act 48 v. Directorate of Industries / NSIC Ltd. The Bidder shall submit the notarized copy of their EPF allotment letter issued by Regional Provident Fund Commissioner along with the notarized copy of latest monthly remittances paid to Regional Provident Fund authorities., along with the Techno-commercial bid, The bidder shall submit along with Techno-Commercial bid, Bid-bond/EMD for an amount of Rs.43,615 (Rupees Forty Three Thousand Six Hundred Fifteen Only) in the form of a Crossed Demand Draft / Pay Order of any Indian Nationalized Bank/ Scheduled Commercial Bank, valid for 150 days from the last day of the bid Submission date, issued in the name of DGM (F&A), ONGC, Uran Plant, Uran Payable at Mumbai /Uran OR in the form of a Bank Guarantee as per prescribed format. The Bank Guarantee must be valid for 30 days beyond the required validity of the bid. Offers without EMD will not be considered and summarily rejected. NO Earnest money / bid bond / bid security in the form of Bank Draft or in lieu thereof Bid Bond, will be necessary from Public Sector Undertakings. The firms registered with NSIC will also be exempted from furnishing bid bond / bid security / earnest money against the instant tender, irrespective of monetary limit mentioned in their Registration Certificate ,provided they submit , evidence that they are registered for the item(s) they intend to quote The bidder must confirm in their Techno- commercial bid, about the acceptance of LD Clause, Force Majeure Clause, Failure & Termination Clause, Security Deposit Clause,

B.2.2

B.2.4

B.2.5

B.2.6.

B.2.7

57
Arbitration Clause, Jurisdiction Clause, Payment Clause, Tax/ duties / levies clause and Warranty & Guarantee Clause etc. in Toto as mentioned in tender document B.2.8 The bidder shall either submit a notarized copy of valid Registration Certificate under Service Tax Rules OR an under taking for submission of a notarized copy of requisite Service Tax Registration certificate along with the first invoice submitted for payment against the purchase order in favor of the firm along with Techno-commercial bid. The bidder should confirm furnishing of Performance Bank Guarantee for 10% of the annualized contract value strictly as per the Performa enclosed in the tender document within Two weeks of signing of contract. The successful bidder has to give an undertaking that they will provide all the necessary certificates / documents for enabling ONGC to avail in put VAT Credit and CENVAT credit benefits (wherever applicable), in respect of the payments of VAT, Excise Duty, Service Tax etc which are payable against the contract (if awarded) along with documentary evidence for payment of excise duty and service tax. The bidders should submit a declaration to the effect that neither the bidder themselves, nor any of its allied concerns, partners or associates OR directors OR proprietors involved in any capacity, are currently serving any banning orders issued by ONGC debarring them from carrying on business dealings with ONGC. Offers not accompanied with the said declaration will be debarred from carrying out business dealings with ONGC.

B.2.9

B.2.10

B.2.11

(C)

ACCEPTANCE OF TERMS & CONDITIONS: The bidder must confirm unconditional acceptance of Instructions to Bidders at Annexure I and General Conditions of Contract at Annexure II. OFFERS OF FOLLOWING KINDS WILL BE REJECTED i. Offers made without Bid Security/Bid Bond/Bank Guarantee along with the offer. ii. iii. iv. v. vi. vii. Telex/ Telegraphic /Fax/ Email/ Xerox/ Photo copy offers. Offers which do not confirm unconditional validity of the bid for 90 days from the date of opening of bid. Offers where prices are not firm during the entire duration of the contract Offers which do not confirm to the mobilization period indicated in the bid. Offers which do not conform to ONGCs price bid format. Offers which do not conform to the contract period indicated in the bid

(D)

(E)

TAX LIABILITY: Bidders taking exception to the following Tax Liability Clause shall be rejected
i.

Corporate Taxes. Bidder must agree to bear corporate tax within the quoted rates which may be levied on the contractor, his consortium/Joint venture partner(s), sub-contractors, back-up consultants, cess, etc. for the performance of this work. VAT & Works Contract Tax: The rate quoted shall be inclusive of Maharashtra VAT & Works Contract Tax. C-Form will be issued against supply of any materials under this contract. Service Tax: The rates quoted shall be inclusive of Service tax and bidders must have the Service Tax Registration number which is to be quoted with the Invoice(s) also.

ii.

III.

(F)

PRICE EVALUATION CRITERIA: i. Firm rates: Bidders should quote the charges/rates giving complete break up of all the quoted services which are taxable under service tax rules 1994 (as amended) and clearly indicating the applicable rate of service tax (along with rates of all related levies, surcharges, cess etc.) nature/category of service as per service tax rules (under which the respective service covered) and the amount of service tax included in his bid.

58
In case the applicability of the service tax is not quoted explicitly in the offer, the offer will be considered as inclusive of all liability of service tax. In the contract involving multiple services or involving supply of certain goods/materials along with the services the bidder should give the separate break up for cost of goods and cost of various services and accordingly quote service tax as applicable for the taxable Services. In case the bidder does not give the breakup of the quoted prices separately in the components of the taxable services and material to besupplied (if any), the service tax will be loaded on entire quoted /contract value for evaluation Quoted rates are applicable for complete scope of work as per price Performa at Appendix provided with tender document. The prices quoted should remain firm during the validity of their offer and extensions, if any and until the works are completed in all respects. No escalation whatsoever in prices shall be allowed during the tenure of the contract, including any extension thereof. Bids not offering firm prices shall be liable for rejection.
ii.

Evaluation and Comparison of offers: For comparative evaluation of bids, the total lump sum price quoted for execution of the bids will be evaluated as SUM TOTAL OF ESTIMATED QUANTITY MULTIPLIED BY THE RESPECTIVE UNIT RATES quoted by the bidder in the Schedule of Rates i.e. inclusive of all duties, taxes, levies, cess etc. Price bid must be as per the Performa given in the Schedule of Rates of the tender document and shall contain only prices. Any terms and conditions if stipulated in the Price bid by the bidder shall not be given any cognizance Bidders are advised not to give separate discounts. Discounts if any should be merged in the rates against the quoted items. Discount of any type indicated separately will not be taken into account for evaluation purpose. However, in the event such offer without considering discount is found to be lowest, ONGC shall avail such discount at the time of placement of order

iii.

iv.

(G)

GENERAL: i. The BEC over-rides all other similar clauses operating anywhere in the Bid Document.
ii. iii.

The bidder/contractor is prohibited to offer any service/benefit of any manner to any employee of ONGC and that the contractor may suffer summary termination of contract/ disqualification in case of violation. The bidder must quote for complete Scope of work. They must also confirm the same in their TechnoCommercial bid. In-complete offer shall be rejected The bidder must quote the rates only in the prescribed format inclusive of all taxes, duties, levies, etc. The bidder in techno-commercial bid should confirm the same. No alteration/change in the Price bid by the bidders after the closing date will be taken into account for the evaluation unless specifically asked for by ONGC Unsolicited clarification / letters from the bidders after opening of the Un-priced Commercial bid will not be considered; rather it may lead to disqualification of the bid at the discretion of ONGC. The bidders are requested to note that the given quantity in Schedule of Rate (SOR) format is estimated quantity for the purpose of tender evaluation. The quantity given in SOR may vary during execution of the contract. Submission of BEC Matrix: The bidder has to fill up the attached BEC matrix by his own for evaluation purpose indicating Submitted/Not submitted, Confirmed/Not Confirmed, Accepted/ Not accepted etc. and submit other required documents that he / they thinks most suitable as per BEC clauses and other terms and conditions of the contract along with the Techno-Commercial bid. The bidder must note that the offer will be evaluated only on the basis of documents submitted by him / them as per matrix duly filled in by him including terms and conditions of the contract. ONGC reserves the right to reject or prefer any bid and to annul the bidding process and reject all bids at any time prior to award of contract without thereby incurring any liability to the affected bidder or bidders and without showing any ground for ONGCs action. ============

iv.

v.

vi.

vii.

viii.

ix.

59
BEC MATRIX: VITAL CRITERIA FOR ACCEPTANCE OF BIDS: Bidders are advised not to take any exception/ deviations Confirmed / to the bid document, if exceptions/ deviations are Not Confirmed maintained in the bid, such conditional/non-conforming bids shall not be considered and will be rejected outright. (B) REJECTION CRIETERIA TECHNICAL B.1. TECHNICAL REJECTION CRITERIA: Confirmed / The following vital technical conditions shall be strictly Not Confirmed complied with, failing which the bid will be rejected: B.1.1 Bid should be complete and covering the entire scope of job and should conform to the Scope of Work along with technical specifications indicated in the bid document, Confirmed / duly supported with technical catalogues / literatures if Not Confirmed any. Incomplete and non-conforming bids will be rejected outright. B. 1.2 Bidder should have minimum 02 (Two) Years of Submitted / Not Submitted experience in providing similar services such as Application of Titanium Putty & Brush able Ceramic coating on Heat Exchangers, Pressure vessels in the field 1. W/ONo of Petro-Chemical Industry OR Chemical industry OR .......... Refinery OR Fertilizer Plant OR Power Plant OR PSU OR Dtd.. Issued by... ...... ... Hydro Carbon Industries OR Hydro Carbon Process Plant ........................ .for the job of ... OR Government Organization OR Industrial Units... along with Completion Certificate No.............................................. In this regard the Bidder should have executed at Dtd............ least 02 (Two ) Contracts/Work orders of similar nature in Enclosed at Page No-------------02 (Two )different financial years during the last seven years, ending last day of month previous to the one in which applications are invited. They must submit notarized copies of Work Orders / Contracts, along with 2. W/O No............................. 3. ... the notarized copies of their job completion report DtdIssued by.............. ...............................fort he job 0f.... .... ..... In case of non availability of the job completion .................................................................... report, bidder must submit their documentary evidences along with Completion Certificate as given below duly notarized, in proof of their No.............................................. satisfactory completion of each of those contracts. Dtd............ Enclosed at Page No-------------(a) Satisfactory Completion / Performance report OR (b) Proof of release of Performance Security after completion of the contract OR (c) Proof of settlement /release of final Payment against the contract OR (d) Any other notarized documentary evidence that can substantiate the satisfactory execution of each of the contract cited above from reputed leading public & private sector clients in support of above The work orders should be dated on or after 01/04/2003 (A)

60
B. 1.3 In line with above Services, the bidder must have Submitted / executed the job of Application of Titanium Putty & Not Submitted Brush able Ceramic coating jobs having work order 1. W/ONo. value as below. ........ Dtd Issued i. A single work order of value not less than by ...... ........ ........ .............. .for the job Rs.17,44,600/- (Rupees Seventeen Lakhs Forty of . Four Thousand Six Hundred Only) OR along with Completion Certificate No. ..... ... .. .......................................... Dtd ii. Two work orders of value not less than 10,90,380/Enclosed at Page No-------------(Rupees Ten Lakhs Ninety Thousand Three Hundred Eighty Only) each OR 2. W/O No......................................... Dtd Issued iii. Three work orders of value not less than Rs. by..................................... for the job 8,72,300/- (Rupees Eighty Lakhs Seventy Two 0f................................................................ Thousand Three Hundred Only) each along with Completion Certificate No .... ... ....................................... Dtd . ... They must submit notarized copies of Work Orders / Enclosed at Page No-------------Contracts, along with the notarized copies of their job completion report OR Documents as mentioned at 3. W/O No......................................... clause B. 1.2. Dtd Issued by..................................... for the job The work orders should be dated on or after 01/04/2003 0f................................................................ along with Completion Certificate No .... ... ....................................... Dtd . ... Enclosed at Page No-------------B. 1.4 In case the bidder is not a manufacturer of the said Submitted / putty, then the bidder is required to obtain the Not Submitted documentary evidence in respect of the Technical suitability for the said application as mentioned, from Enclosed at Page No-------------the concerned OEM and submit the same along with the techno-commercial bid. B.2 COMMERCIAL REJECTION CRITERIA: The following vital commercial conditions should be Confirmed / strictly complied with, failing which the bid will be Not Confirmed rejected. B.2.1 Proof of the sale/ issue of bid document: Submitted / The forwarding letter, in original, as a proof of issue of Not Submitted the tender document (purchased against payment of requisite tender fee), duly signed by tender issuing Enclosed at Page No-------------officer, must be submitted by the bidder along with techno commercial offer B.2.2 Bid should be submitted in Two Bid System in two separate envelopes super scribed as follows: Envelope No. 1 :Techno-commercial Bid Tender No. : Due On : Envelope No. 2 : Priced Commercial Bid Tender No.: Due On : The Techno Commercial bid shall contain all details including the Tender Document in Original but with the price column of the price bid format blanked out. However a tick mark ( ) shall be provided against each item of the price bid format to indicate that there is a quote against this item in the Priced Commercial bid. The Priced bid shall contain only the prices duly filled in as per the price bid format. (Offers with Techno Commercial bid-containing prices shall be rejected outright). Confirmed / Not Confirmed

61
B.2.3 The Bidder should submit notarized copy of proof of Registration of their establishment/ firm under any one of the following categories i. Indian Companies Act 56. Confirmed / Not Confirmed

B.2.4

B.2.5

Submitted / Not Submitted Enclosed at Page No-------------Submitted / ii. Indian Partnership Act32. Not Submitted Enclosed at Page No-------------Submitted / iii. Shops and Establishment Act 48 Not Submitted Enclosed at Page No-------------Submitted / iv. Factories Act 48 Not Submitted Enclosed at Page No-------------Submitted / v. Directorate of Industries / NSIC Ltd. Not Submitted Enclosed at Page No-------------The Bidder shall submit the attested copy of their EPF a) Submitted / allotment letter issued by Regional Provident Fund Not Submitted Commissioner and with the copy of latest monthly EPF Enclosed at Page No-------------remittances paid to Regional Provident Fund authorities., along with the Techno-commercial bid, b) Submitted / Not Submitted Remittances details Enclosed at Page No----The bidder shall submit along with TechnoSubmitted / Commercial bid, Bid-bond/EMD for an amount of Not Submitted Rs.43,615 (Rupees Forty Three Thousand Six Hundred Fifteen Only) in the form of a Crossed D D / Pay Order / BG No.............................. Demand Draft / Pay Order of any Indian Nationalized Date.................From.................................... Bank/ Scheduled Commercial Bank, valid for 150 Bank................................................................ days from the last day of the bid Submission date, ................................................................... issued in the name of DGM (F&A), ONGC, Uran Plant .................................................................... Payable at Mumbai / Uran OR in the form of a Bank ..................................................................... Guarantee as per prescribed format. The Bank Valid up to..................................................... Guarantee must be valid for 30 days beyond the For Rs.......................... required validity of the bid. Offers without EMD will not be considered and summarily rejected. NO Earnest money / bid bond / bid security in the form of Bank Draft or in lieu thereof Bid Bond, will be necessary from Public Sector Undertakings. The firms registered with NSIC will also be exempted from furnishing bid bond / bid security / earnest money against the instant tender, irrespective of monetary limit mentioned in their Registration Certificate ,provided they submit , evidence that they are registered for the item(s) they intend to quote The bidder must confirm in their Techno- commercial bid, about the acceptance of LD Clause, Force Majeure Clause, Failure & Termination Clause, Security Deposit Clause, Arbitration Clause, Jurisdiction Clause, Payment Clause, Tax/ duties / levies clause and Warranty & Guarantee Clause etc. in Toto as mentioned in tender document

B.2.6.

Confirmed / Not Confirmed

B.2.7

Confirmed / Not Confirmed

62
B.2.8 The bidder shall either submit a notarized copy of valid Registration Certificate under Service Tax Rules OR an under taking for submission of a notarized copy of requisite Service Tax Registration certificate along with the first invoice submitted for payment against the purchase order in favor of the firm along with Technocommercial bid. The bidder should confirm furnishing of Performance Bank Guarantee for 10% of the annualized contract value strictly as per the Performa enclosed in the tender document within Two weeks of signing of contract. The successful bidder has to give an undertaking that they will provide all the necessary certificates / documents for enabling ONGC to avail in put VAT Credit and CENVAT credit benefits (wherever applicable), in respect of the payments of VAT, Excise Duty, Service Tax etc which are payable against the contract (if awarded) along with documentary evidence for payment of excise duty and service tax. The bidders should submit a declaration to the effect that neither the bidder themselves, nor any of its allied concerns, partners or associates OR directors OR proprietors involved in any capacity, are currently serving any banning orders issued by ONGC debarring them from carrying on business dealings with ONGC. Offers not accompanied with the said declaration will be debarred from carrying out business dealings with ONGC. ACCEPTANCE OF TERMS & CONDITIONS: The bidder must confirm unconditional acceptance of Instructions to Bidders at Annexure I and General Conditions of Contract at Annexure II. OFFERS OF FOLLOWING KINDS WILL BE REJECTED i. Offers made without Bid Security/Bid Bond/Bank Guarantee along with the offer. ii. Telex/ Telegraphic /Fax/ Email/ Xerox/ Photo copy offers. iii. Offers which do not confirm unconditional validity of the bid for 90 days from the date of opening of bid. iv. Offers where prices are not firm during the entire duration of the contract v. vi. vii. (E) Offers which do not confirm to the mobilization period indicated in the bid. Offers which do not conform to ONGCs price bid format. Offers which do not conform to the contract period indicated in the bid

Submitted / Not Submitted Enclosed at Page No--------------

B.2.9

Confirmed / Not Confirmed Enclosed at Page No--------------

B.2.10

Confirmed / Not Confirmed Enclosed at Page No--------------

B.2.11

Submitted / Not Submitted Enclosed at Page No--------------

(C)

Confirmed / Not Confirmed Confirmed / Not Confirmed Confirmed / Not Confirmed Confirmed / Not Confirmed Confirmed / Not Confirmed Confirmed / Not Confirmed Confirmed / Not Confirmed Confirmed / Not Confirmed Confirmed / Not Confirmed Confirmed / Not Confirmed

(D)

TAX LIABILITY: Bidders taking exception to the following Tax Liability Clause shall be rejected

63
i.

ii.

Corporate Taxes. Bidder must agree to bear corporate tax within the quoted rates which may be levied on the contractor, his consortium/Joint venture partner(s), sub-contractors, back-up consultants, cess, etc. for the performance of this work. VAT & Works Contract Tax: The rate quoted shall be inclusive of Maharashtra VAT & Works Contract Tax. CForm will be issued against supply of any materials under this contract

Confirmed / Not Confirmed

Confirmed / Not Confirmed

(F)

Service Tax: The rates quoted shall be inclusive of Service tax and bidders must have the Service Tax Registration number which is to be quoted with the Invoice(s) also. PRICE EVALUATION CRITERIA: i. Firm rates: Bidders should quote the charges/rates giving complete break up of all the quoted services which are taxable under service tax rules 1994 (as amended) and clearly indicating the applicable rate of service tax (along with rates of all related levies, surcharges, cess etc.) nature/category of service as per service tax rules (under which the respective service covered) and the amount of service tax included in his bid.
III.

Confirmed / Not Confirmed

In case the applicability of the service tax is not quoted explicitly in the offer, the offer will be considered as inclusive of all liability of service tax. In the contract involving multiple services or involving supply of certain goods/materials along with the services the bidder should give the separate break up for cost of goods and cost of various services and accordingly quote service tax as applicable for the taxable Services. In case the bidder does not give the breakup of the quoted prices separately in the components of the taxable services and material to be-supplied (if any), the service tax will be loaded on entire quoted /contract value for evaluation. Quoted rates are applicable for complete scope of work as per price Performa at Appendix provided with tender document. The prices quoted Should remain firm during the validity of their offer and extensions, if any and until the works are completed in all respects. No escalation whatsoever in prices shall be allowed during the tenure of the contract, including any extension thereof. Bids not offering firm prices shall be liable for rejection. Confirmed / Not Confirmed

64
Evaluation and Comparison of offers: For comparative evaluation of bids, the total lump sum price quoted for execution of the bids will be evaluated as SUM TOTAL OF ESTIMATED QUANTITY MULTIPLIED BY THE RESPECTIVE UNIT RATES quoted by the bidder in the Schedule of Rates i.e. inclusive of all duties, taxes, levies, cess etc. iii. Price bid must be as per the Performa given in the Schedule of Rates of the tender document and shall contain only prices. Any terms and conditions if stipulated in the Price bid by the bidder shall not be given any cognizance iv. Bidders are advised not to give separate discounts. Discounts if any should be merged in the rates against the quoted items. Discount of any type indicated separately will not be taken into account for evaluation purpose. However, in the event such offer without considering discount is found to be lowest, ONGC shall avail such discount at the time of placement of order GENERAL: i. The BEC over-rides all other similar clauses operating anywhere in the Bid Document. ii. The bidder/contractor is prohibited to offer any service/benefit of any manner to any employee of ONGC and that the contractor may suffer summary termination of contract/ disqualification in case of violation. iii. The bidder must quote for complete Scope of work. They must also confirm the same in their Techno-Commercial bid. In-complete offer shall be rejected iv. The bidder must quote the rates only in the prescribed format inclusive of all taxes, duties, levies, etc. The bidder in techno-commercial bid should confirm the same. v. No alteration/change in the Price bid by the bidders after the closing date will be taken into account for the evaluation unless specifically asked for by ONGC vi. Unsolicited clarification / letters from the bidders after opening of the Un-priced Commercial bid will not be considered; rather it may lead to disqualification of the bid at the discretion of ONGC. vii. The bidders are requested to note that the given quantity in Schedule of Rate (SOR) format is estimated quantity for the purpose of tender evaluation. The quantity given in SOR may vary during execution of the contract.
ii.

Confirmed / Not Confirmed

Confirmed / Not Confirmed

Confirmed / Not Confirmed

(G)

Confirmed / Not Confirmed

Confirmed / Not Confirmed

Confirmed / Not Confirmed

Confirmed / Not Confirmed Confirmed / Not Confirmed

Confirmed / Not Confirmed

Confirmed / Not Confirmed

65
viii.

ix.

Submission of BEC Matrix: The bidder has to fill up the attached BEC matrix by his own for evaluation purpose indicating Submitted/Not submitted, Confirmed/Not Confirmed, Accepted/ Not accepted etc. and submit other required documents that he / they thinks most suitable as per BEC clauses and other terms and conditions of the contract along with the Techno-Commercial bid. The bidder must note that the offer will be evaluated only on the basis of documents submitted by him / them as per matrix duly filled in by him including terms and conditions of the contract. ONGC reserves the right to reject or prefer any bid and to annul the bidding process and reject all bids at any time prior to award of contract without thereby incurring any liability to the affected bidder or bidders and without showing any ground for ONGCs action

Confirmed / Not Confirmed

Confirmed / Not Confirmed

(SIGNATURE OF THE BIDDER WITH SEAL) Date ===========

66
ANNEXURE- VII

LUMP SUM PRICE FORMAT ( PART-1 ) Tender No: UP1RL10004 Name of work: - Application of Titanium Putty & Brush-able Ceramic coating on heat Exchangers. DESCRIPTION Lump sum price for Application of Titanium Putty & Brush-able Ceramic coating on heat Exchangers at ONGC Uran Plant, Uranas per enclosed scope of work The Lump sum price shall be inclusive of packing & forwarding, Transportation & delivery at site and all Taxes, Duties, Levies, Insurance, Octroi, Cess etc. including but not limited to Customs duty, Excise duty, Sales Tax/VAT, Service Tax, Corporate Tax, Works Contract Tax etc as applicable to complete the job on turnkey basis. LUMPSUM PRICE Rs: .. In words: (Rupees )

Rates of taxes and duties considered and included in the above lump sum price are to be indicated for the purpose of claim in accordance with change in law. Laws, Acts, Rules, Regulations etc. and the tariffs thereof considered by the bidder while estimating the incidence of taxes, duties, fees, levies, etc. considered and included in the bidders lump sum price as per relevant provisions of General Conditions of Contract to be used for the purpose of adjustment to the contract price in the event of change in law. Item Excise Duty Service Tax, Cess Value Added Tax Works Contract Tax Note: i. Bidder may suitably add other heads towards all the provisions and related information with regard to above. ii. The bidders not indicating the rates as desired above shall not be entitled for any claim due to change in law. Tender Document Clause reference Laws/ Acts/ Rules/ Regulations etc. reference Tariff indicating rate of tax/ duty/ fee/ levy etc. Amount included in the lump sum price

======

(Signature of Bidder & Seal)

67
BREAK-UP OF LUMP SUM PRICE (PART-2) Sl. No Description Application of Titanium putty to Exchangers with Tag No E-110 including arrangement of required quantity of Titanium putty as per scope of work. The price shall be inclusive of packing & forwarding, Transportation & delivery at site and all Taxes, Duties, Levies, Insurance, Octroi, Cess etc. including but not limited to Customs duty, Excise duty, Sales Tax/VAT, Service Tax, Corporate Tax, Works Contract Tax etc Application of Brush-able Ceramic coating to Exchangers with Tag No E-110 including arrangement of required quantity of Brushable Ceramic coating as per scope of work. The price shall be inclusive of packing & forwarding, Transportation & delivery at site and all Taxes, Duties, Levies, Insurance, Octroi, Cess etc. including but not limited to Customs duty, Excise duty, Sales Tax/VAT, Service Tax, Corporate Tax, Works Contract Tax etc Application of Titanium putty to Exchanger with Tag No E-510 including arrangement of required quantity of Titanium putty as per scope of work. The price shall be inclusive of packing & forwarding, Transportation & delivery at site and all Taxes, Duties, Levies, Insurance, Octroi, Cess etc. including but not limited to Customs duty, Excise duty, Sales Tax/VAT, Service Tax, Corporate Tax, Works Contract Tax etc Application of Brush-able Ceramic coating to Exchanger with Tag No E-510 including arrangement of required quantity of Brushable Ceramic coating as per scope of work. The price shall be inclusive of packing & forwarding, Transportation & delivery at site and all Taxes, Duties, Levies, Insurance, Octroi, Cess etc. including but not limited to Customs duty, Excise duty, Sales Tax/VAT, Service Tax, Corporate Tax, Works Contract Tax etc Application of Titanium putty to Exchanger with Tag No E-116 including arrangement of required quantity of Titanium putty as per scope of work. The price shall be inclusive of packing & forwarding, Transportation & delivery at site and all Taxes, Duties, Levies, Insurance, Octroi, Cess etc. including but not limited to Customs duty, Excise duty, Sales Tax/VAT, Service Tax, Corporate Tax, Works Contract Unit Quantity Unit Rate Rs. Total Amount Rs.

Nos

02

Nos

02

Nos

01

Nos

01

Nos

01

68
Sl. No Tax etc Application of Brush-able Ceramic coating to Exchanger with Tag No E-116 including arrangement of required quantity of Brushable Ceramic coating as per scope of work. The price shall be inclusive of packing & forwarding, Transportation & delivery at site and all Taxes, Duties, Levies, Insurance, Octroi, Cess etc. including but not limited to Customs duty, Excise duty, Sales Tax/VAT, Service Tax, Corporate Tax, Works Contract Tax etc Application of Titanium putty to Exchangers with Tag No E-112 including arrangement of required quantity of Titanium putty as per scope of work. The price shall be inclusive of packing & forwarding, Transportation & delivery at site and all Taxes, Duties, Levies, Insurance, Octroi, Cess etc. including but not limited to Customs duty, Excise duty, Sales Tax/VAT, Service Tax, Corporate Tax, Works Contract Tax etc Application of Brush-able Ceramic coating to Exchangers with Tag No E-112 including arrangement of required quantity of Brushable Ceramic coating as per scope of work. The price shall be inclusive of packing & forwarding, Transportation & delivery at site and all Taxes, Duties, Levies, Insurance, Octroi, Cess etc. including but not limited to Customs duty, Excise duty, Sales Tax/VAT, Service Tax, Corporate Tax, Works Contract Tax etc Application of Titanium putty to Exchangers with Tag No E-512 including arrangement of required quantity of Titanium putty as per scope of work . The price shall be inclusive of packing & forwarding, Transportation & delivery at site and all Taxes, Duties, Levies, Insurance, Octroi, Cess etc. including but not limited to Customs duty, Excise duty, Sales Tax/VAT, Service Tax, Corporate Tax, Works Contract Tax etc Application of Brush-able Ceramic coating to Exchangers with Tag No E-512 including arrangement of required quantity of Brushable Ceramic coating as per scope of work . The price shall be inclusive of packing & forwarding, Transportation & delivery at site and all Taxes, Duties, Levies, Insurance, Octroi, Cess etc. including but not limited to Customs duty, Excise duty, Sales Tax/VAT, Service Tax, Corporate Tax, Works Contract Tax etc Description Unit Quantity Unit Rate Rs. Total Amount Rs.

Nos

01

Nos

05

Nos

05

Nos

03

10

Nos

03

69
Sl. No Description Application of Titanium putty to Exchanger with Tag No E-114 including arrangement of required quantity of Titanium putty as per scope of work. The price shall be inclusive of packing & forwarding, Transportation & delivery at site and all Taxes, Duties, Levies, Insurance, Octroi, Cess etc. including but not limited to Customs duty, Excise duty, Sales Tax/VAT, Service Tax, Corporate Tax, Works Contract Tax etc Application of Brush-able Ceramic coating to Exchanger with Tag No E-114 including arrangement of required quantity of Brushable Ceramic coating as per scope of work . The price shall be inclusive of packing & forwarding, Transportation & delivery at site and all Taxes, Duties, Levies, Insurance, Octroi, Cess etc. including but not limited to Customs duty, Excise duty, Sales Tax/VAT, Service Tax, Corporate Tax, Works Contract Tax etc Application of Titanium putty to Exchangers with Tag No E-111/511 including arrangement of required quantity of Titanium putty as per scope of work. The price shall be inclusive of packing & forwarding, Transportation & delivery at site and all Taxes, Duties, Levies, Insurance, Octroi, Cess etc. including but not limited to Customs duty, Excise duty, Sales Tax/VAT, Service Tax, Corporate Tax, Works Contract Tax etc Application of Brush-able Ceramic coating to Exchangers with Tag No E-111/511 including arrangement of required quantity of Brushable Ceramic coating. The price shall be inclusive of packing & forwarding, Transportation & delivery at site and all Taxes, Duties, Levies, Insurance, Octroi, Cess etc. including but not limited to Customs duty, Excise duty, Sales Tax/VAT, Service Tax, Corporate Tax, Works Contract Tax etc Charges for Cleaner & other consumables as per scope of work for above works Unit Quantity Unit Rate Rs. Total Amount Rs.

11

Nos

01

12

Nos

01

13

Nos

02

14

Nos

02

15

Nos

15 Total Rs.

Total Rupees __________________________________________________ only

(Signature & Seal of the Bidder)