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1324 2013 04-09-13-28-52-1365494332

  1. 1. 0 | P a g e TENDER NO. UP14C13001 TENDER DOCUMENT (Techno-commercial Bid) For the job of “Re-tubing of heat exchangers E-112D, E-512B and E-2503 A/B of LPG 1, 2 & CFU Plant at Uran”.
  2. 2. 1 | P a g e NO: MR /URAN/28/C/CC/ 59P/2012-13/UP14C13001 Date:-- INVITATION TO BID To, _______________________________________ _______________________________________ ______________________________________ Dear Sirs/Madam, Sealed tenders in two-bid system are invited for the “Re-tubing of heat exchangers E-112D, E-512B and E-2503 A/B of LPG 1, 2 & CFU Plant at Uran” in the prescribed Bid Forms. The tender document consists of total 142 pages including this letter. Tenders should be submitted in two bid system comprising of:- Techno-commercial bid: - Tender documents along with all its enclosures as mentioned in the Bid Evaluation Criteria and correspondence if any, in one envelope super scribing “Techno-commercial bid” and duly sealed. Any deviation or exception, if any, should be submitted with this bid only. Price bid: - The rate shall be filled only in the schedule given in this tender document. Duly filled in documents should be placed in separate envelope super scribing “Price Bid” and duly sealed. No other document or terms and conditions should be put in the price bid. Both the envelopes containing techno-commercial bid and price bid should be put together in one envelope duly sealed and be superscribed with the subject of the tender. ONGC reserves its right to reject any or all tenders without assigning any reason whatsoever. With regards, Yours sincerely CE(P), CCell. For DGM (P) I/C-CONTRACT CELL
  3. 3. 2 | P a g e TENDER NOTICE Name of the Work “Re-tubing of heat exchangers E-112D, E-512B and E-2503 A/B of LPG 1, 2 & CFU Plant at Uran”. UP14C13001 Contract Cell,Contract-Cell Dronagiri Bhavan,Uran Plant, Uran 400 702 Tender Section Type of Tender Indigenous Open Tender in Two Bid System. Notification date 05.04.2013 Cost of the Tender Document (IN INR) Rs.500/- (Rupees Five hundreds only) in the form of crossed Demand drawn in favour of GM (F&A), ONGC, Uran Plant, Uran Payable at Mumbai. Period of sale of tender 05.04.2013: 1000 Hrs to 25.04.2013: 1600 Hrs. Date of Closing 06.05.2013 at 1600 Hrs. Date of Opening of Tender 06.05.2013 at 1700 Hrs (if possible) Earnest Money Deposit Rs 1,46,650/- (Rupees One Lac Forty Six Thousand Six Hundred Fifty Only) in the form of Crossed Demand drawn in favour of DGM(F&A),ONGC, Uran Plant,Uran payable at Mumbai Only and issued by any Nationalized / scheduled Commercial Bank. Essential Qualification Criteria The bidders must fulfill the Essential qualification Criteria as specified in the NIT and all necessary documents shall be submitted at the time of submission of tender:. Experience:- The bidder must have executed the job of fabrication of heat exchanger/re-tubing of exchanger in any Hydrocarbon industries/ Petrochemical / /Refineries /Fertilizers Plant/Power Plant/Industrial Unit/Public or Private Sector Organization Unit during last 7 years from the date of opening of the bid, should be either of the following:- (a) Three similar completed works each costing not less than the amount equal to Rs.29,32,504/- (Rupees Twenty Nine Lac Thirty Two Thousand Five Hundred Four Only) (b) Two similar completed works each costing not less than the amount equal to Rs. 36,65,630/- (Rupees Thirty Six Lac Sixty Five Thousand Six Hundred Thirty only) (c) One similar completed work costing not less than the amount equal to Rs. 58,65,008/- (Rupees Fifty Eight lac OIL AND NATURAL GAS CORPORATION LTD. MUMBAI REGION, Uran Plant, Uran Dist.-Raigad– 400702 (Maharashtra)
  4. 4. 3 | P a g e Sixty Five Thousand Eight Only) The bidder shall submit notarized copies of work order copies containing detailed scope of work and also notarized copies of documentary evidence of completion of the job corresponding to above work orders such as (i) Satisfactory Completion/ Performance Report (or) (ii) Proof of Release of Performance Security after completion of the Contract (Or) (iii) Proof of Settlement/ Release of Final Payment Against the Contract (Or) (iv) Any other documentary evidence that can substantiate the satisfactory execution of the contract in support of above along with techno-commercial bid. Bidders not qualifying the above mentioned eligibility qualifications and experience will be rejected. (B) The bidder should have Registration of their establishment firms either under shops and Establishment Acts or under Companies Act/Directorate of Industries OR Indian Partnership Act’32. OR Factories Act ’48 Conditions 1. No deviations / exceptions to the bid conditions shall be acceptable. 2. ONGC reserves it’s right to issue or not to issue the tender document to any purchaser. Issuing of tender shall not be presumed to be qualified for opening of Price bid. 3. No cognizance will be taken for postal delays. 4. The tenders have to be submitted by the due date and time as per NIT. 5. ONGC further reserves its right to reject any or all tenders without assigning any reason whatsoever. 6. Bidders will have the option of purchasing tender documents from the selling centers’ as per prevailing practice (or) downloading the tender documents and use the same for participating in the tender. But the bidders downloading the document from the website should ensure to submit tender fee so as to reach the tender inviting work centre before the deadline specified for tender sale along with confirmation on major qualifying criteria (MQC) / pre-qualification criteria (PQC) which will be acknowledged by ONGC by issuing Request for Quotation (RFQ) number specific to the tender and bidder through Fax/e-mail. The intending Bidder must be registered with ONGC (having vender code No). The bidders who are not registered with ONGC i.e. not having Vender Code number are requested to get registered
  5. 5. 4 | P a g e themselves to obtain vender code well in advance prior to closing date of tender selling. Request for Quotation (RFQ) number specific to the bidder and tender cannot be generated if the bidder is not having a valid Vendor Code with ONGC. 7. If tender fee and confirmation of PQC conditions in undertaking are not received before the deadline specified for tender sale, the request of bidder to participate in tender be will be summarily rejected. (ONGC shall not be responsible for any postal delay). 8. 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 as applicable under the law. 9. For any clarification please log on to our website “tenders.ongc.co.in” Tender issuing and receiving Office address Tender issuing/receiving/leave reserve office address K.A.KATYARI CE (P),Contact Cell , 111, Dronagiri Bhavan, ONGC Ltd., Uran Plant, Uran-400702, District : Raigad V.K.GUPTA CE (E), Contact Cell , 111, Dronagiri Bhavan, ONGC Ltd., Uran Plant, Uran-400702, District : Raigad Tender submission address Tender box kept at the Office of DGM (P),I/C Contact Cell , Room No.116, Dronagiri Bhavan, ONGC, Uran Plant, /Chief Engineer (P), Room No.111, Dronagiri Bhavan, Uran-400702, Distt.- Raigad.
  6. 6. 5 | P a g e INDEX ANNEXURE – I INSTRUCTION TO BIDDERS S.No. Clause P. No. 1. Eligibility of the Bidder 09 2. Tender Fee 09 3. Transfer of Bidding Document 09 4. Cost of Bidding 09 5. Content of Bidding Document 10 6. Amendment to Bidding Documents 11 7. Language and Singing of Bid 11 8. Clarification in respect of incomplete Offers 12 9. Documents comprising the Bid 12 10. Price Schedule 13 11. Price Bid 14 12. Income Tax Liability 14 13. Vague and Indefinite Expressions 15 14. Period of Validity of Bids 15 15. Bid Security 16 16. Telex/ Telegraphic/ Telex/ Xerox/ Photo Copy Bids 17 17. Sealing and marking of Bids 17 18. Deadline for submission of Bids 18 19. Late Bids 18 20. Modification and Withdrawal of Bids 18 21. Opening of Bids 18 22. Evaluation and Comparison of Bids 19 23. Unsolicited Post tender Modification 19 24. Examination of Bids 20 25. Specifications 20 26. Contacting the ONGC 20 27. Award Criteria 20 28. ONGC’s Right to Accept any Bid and to reject any or all Bids 20 29. Notification of Award 20 30. Mobilization Period 21 31. Signing of Contract 21 32. Performance Security 21 33. Correspondence 21 34. Representation from the Bidder 22 Appendix – 1 Bidding Document Acknowledgment Proforma 23
  7. 7. 6 | P a g e Appendix – 2 Bid Submission Proforma 24 Appendix – 3 Agreement 25 Appendix – 4 Proforma of Bank Guarantee towards Bid Security 27-29 Appendix – 5 Check List 30-31 Appendix – 6 Bidders Past Services (Similar) Proforma 30 Appendix – 7 Authorization Letter for Attending Tender Opening 31 Appendix - 8 Proforma Certificate on Relatives of Directors of ONGC 32 Appendix – 9 Proforma for declaration & undertaking by bidder 33 Appendix – 10 Proforma for Health, Safety & Environment 34 Appendix –11 Proforma for EPF norms Compliance 44 Appendix – 12 Proforma for payment through electronic mechanism 53 Appendix- 12A&B Proforma for parant company guarantee 54-56
  8. 8. 7 | P a g e ANNEXURE – II GENERAL CONTRACT CONDITIONS S.No. Clause P. No. 1. Definitions 57 2. Scope of Work/ Contract 61 3. Duration of the Contract 61 4. Notices and Addresses 61 5. Duties and Power/ Authority 62 6. Contract Document 64 7. Remuneration and Terms of Payment 66 8. Claims/ Taxes & Duties, fees and Accounting 66 9. Performance 65 10. Performance Bond 66 11. Security Deposit 66 12. Forfeiture of SD/ Bank Guarantee 66 13. Time Period of the Contract 67 14. Period of Liability 67 15. Discipline 67 16. Safety and Labour Laws 67 17. Secrecy 67 18. Statutory Requirement 72 19. Insurance 72 20. Indemnity Agreement 78 21. Termination 79 22. Severability 79 23. Consequential Damages 79 24. Liquidated Damages (LD) 81 25. Change in Laws 82 26. Liability of the Government of India 83 27. Force Majeure 84 28. Employment by Firms to Officials of ONGC 84 29. Preference to Local Companies 84 30. Jurisdiction and Applicable Law 84 31. Arbitration 85 32. Labour Laws Arbitration & other Legal matters 80 33. Observance of Labour Laws 86 34. Payment of Wages to Labours 87 35. Govt. Directives on Employment of Labour 91 36. Continuance of the Contract 91 37. Interpretation 91 38. Entire Agreement 91
  9. 9. 8 | P a g e 39. Site Pollution Responsibility 92 40. General Obligations 92 41. Safety & Security Code for ONGC 96 42. Issue/ Return of Photo Gate Passes 98 43. Appendix – 1 Proforma of Bank Guarantee towards Performance Security 108- 111 44. BEC & BEC Matrix 112-137 45. Scope of Work 138-154 46. Schedule of Rates 155-158 47. Price bid format 159-164
  10. 10. 9 | P a g e ANNEXURE- I INSTRUCTIONS TO BIDDERS A. INTRODUCTION 1.0 ELIGIBILITY AND EXPERIENCE OF THE BIDDER:- 1.1(a) The bidder should have EPF account and must submit the copy of EPF allotment letter as a proof of having EPF account and latest remittance made to the office of regional Provident Fund Commissioner. In case the bidder is not having EPF Code number at the time of submission of Bid, an undertaking should be furnished by the Bidder that he will obtain a EPF Code number from the Regional Provident Fund Commissioner and submit the notarized copy of EPF allotment letter issued in the firm’s name by Regional Provident Fund Commissioner and latest Challan for monthly remittances of EPF contributions of contract employees engaged by him to Regional Provident Fund authorities along with first Invoice submitted for payment against the work order. 1.1 (b) The bidder must submit copy of registration certificate either under Shops & Establishment Act or Under Company’s Act. 1.1 (C) The bidder must have executed the job of fabrication of heat exchanger/re-tubing of exchanger in any Hydrocarbon industries/ Petrochemical / /Refineries /Fertilizers Plant/Power Plant/Industrial Unit/Public or Private Sector Organization Unit during last 7 years from the date of opening of the bid, should be either of the following:-  Three similar completed works each costing not less than the amount equal to Rs.29,32,504/- (Rupees Twenty Nine Lac Thirty Two Thousand Five Hundred Four Only)  Two similar completed works each costing not less than the amount equal to Rs. 36,65,630/- (Rupees Thirty Six Lac Sixty Five Thousand Six Hundred Thirty only)  One similar completed work costing not less than the amount equal to Rs. 58,65,008/- (Rupees Fifty Eight lac Sixty Five Thousand Eight Only) 1.2 Details of experience and past performance of the bidder on works/ jobs done of similar nature in the past and details of current work in hand and other contractual commitments, indicating areas and clients are to be submitted along with the techno-commercial bid. 2.0 TENDER FEE 2.1 The offer will not be considered without tender fee. The Government Departments are exempted from payment of tender fee.
  11. 11. 10 | P a g e 2.2 Refund of tender fee In the event a particular tender is cancelled, the tender fee will be refunded to the concerned Bidder. 3.0 TRANSFER OF BIDDING DOCUMENT The Bidding document is not transferable. 4.0 COST OF BIDDING 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. B. THE BIDDING DOCUMENT 5.0 CONTENT OF BIDDING DOCUMENTS 5.1 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: = Instructions to Bidders with following Appendices Appendix 1 = Bidding Document Acknowledgement Proforma Appendix 2 = Bid submission Proforma Appendix 3 = Bid submission Agreement Proforma. Appendix 4 = Bid Bond Bank Guarantee Proforma Appendix 5 = Checklist Appendix 6 = Proforma for Bidders past services (similar) Appendix 7 = Proforma of Authorization Letter for attending Tender Opening Appendix 8 = Proforma of Certificate on Relatives of Directors Appendix 9 = Proforma of Declaration & undertaking by Bidders Appendix 10 = Health, Safety & Environment (Hse) Management During Contracts Appendix 11 Appendix 11A = Compliance by the contractor of EPF norms/regulations as per statutory requirement. Format For Regret Letter To Be Submitted On The Letter Head Of The Bidder Appendix 12 Appendix 12A&B = Proforma for payment by electronic payment mechanism Proforma for agreement between bidder and parent company and for parent company guarantee ANNEXURE- II = General Conditions of Contract (GCC) with following appendices.
  12. 12. 11 | P a g e Appendix 1 = Proforma of Performance Bond Bank Guarantee. ANNEXURE- III = Bid Evaluation Criteria & BEC Matrix. ANNEXURE-IV ANNEXURE –V = Scope of work, Technical Specifications Schedule of Rates 5.2 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 bidder’s 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. 6.0 AMENDMENT TO BIDDING DOCUMENTS 6.1 No change in specifications and tender conditions will be permissible after bid opening. 6.2 At any time prior to the deadline for submission of bids, the ONGC may, for any reason, whether at its own initiative or in response to 6.3 All prospective Bidders who have received the bidding documents will be notified of the amendments in writing. 6.4 In order to allow prospective Bidders reasonable time in which to take the amendments in to account in preparing their bids, the ONGC may, at its discretion, extend the deadline for the submission of bids. C. PREPARATION OF BIDS 7.0 LANGUAGE AND SIGNING OF BID 7.1 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. 7.2 Bids shall be submitted in the prescribed bid Proforma as per appendices 1 to 12 of Annexure-I. The prescribed Proforma at Appendices 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".
  13. 13. 12 | P a g e 7.3 In the event of the space on the bid Proforma being insufficient for the required purpose, additional pages may be added. Each such additional page must be numbered consecutively, showing the 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. 7.4 The bid Proforma referred to above, if not returned or if returned but not duly filled in will be liable to result in rejection of the bid. 7.5 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. 7.6 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 / Appendices. It shall be complete and free from ambiguity, change or interlineations. 7.7 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. 7.8 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. 7.9 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. 7.10 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. 7.11 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.
  14. 14. 13 | P a g e 7.12 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. 8.0 CLARIFICATION IN RESPECT OF INCOMPLETE OFFERS 8.1 ONGC has to finalize its purchase within a limited time schedule. Therefore, ONGC will not seek any clarifications in respect of incomplete offers. 8.2 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. 9.0 DOCUMENTS COMPRISING THE BID 9.1 The bid prepared by the Bidder shall comprise the following components, duly completed: a) Price schedule. b) 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: (I) That the Bidder meets all the criteria prescribed in the Bid Evaluation Criteria & BEC Matrix (Annexure-IV). c) Documentary evidence that the services to be rendered by the Bidder conform to the requirements of bidding documents. d) The Un-priced bid Proforma 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. e) 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: 1) A detailed description of essential technical and performance characteristics of the services.
  15. 15. 14 | P a g e 2) An item-by-item commentary on the ONGC’s technical specifications demonstrating conformity to the provisions of the technical specifications of the bidding document. f) BID SECURITY/ BID BOND:- g) The bidders will have to furnish EMD for Rs 1,46,650/- (Rupees One Lac Forty Six Thousand Six Hundred Fifty Only) in the form of crossed demand draft to be drawn in favour of Dy 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 120 days (including 30 days claim period) from the date of opening of tender as per Appendix – 4 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 Cheque 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. PRICE SCHEDULE 9.2 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. 9.3 Price Bid 9.3.1 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. 9.3.2 Prices quoted by the bidder shall be firm during the bidder’s performance of the contract and not subject to variation on any account. 9.3.3 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
  16. 16. 15 | P a g e offer, without considering discount, is found to be lowest, ONGC shall avail such discount at the time of award of contract. 9.4 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. 10.0 INCOME TAX LIABILITY The bidder will have to bear all Income Tax liability both corporate and personal tax. 11.0 BID CURRENCIES Bidders should quote firm prices in Indian rupee only. Prices quoted in any other currency shall not be considered. 12.0 PAYMENT CLAUSE No advance payment and mobilization / demobilization charges at any stage and at any time will be made to the contractor. 100% payment for the quoted item shall be made within 21 calendar days after satisfactorily completion of exchanger job duly inspected & certified by user representative/EIC as per scope of work. if the Performance Bank Guarantee for Security Deposit is submitted as per BEC Clause B.2.9 And raised the invoice as per Clause No 7.3 of Annexure II of Tender document The bill is to be duly certified & verified for payment by Engineer-In-Charge. 12.1 Deduction of taxes / duties shall be made as per applicable laws. 12.2 The 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 Engineer-In-Charge before getting cleared the final bill. 12.3 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
  17. 17. 16 | P a g e 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. 12.4 Payment may be made to the contractor through ECS /STEP. Hence Contractor has to furnish the following information to ONGC. (a) Contractor’s Bank Account No. (b) Bank Code. (c) Branch name and address. (d) MICR Code Number. 13.0 VAGUE AND INDEFINITE EXPRESSIONS 13.1 Bids qualified by vague and indefinite expressions such, as "Subject to availability" etc. will not be considered. 14.0 PERIOD OF VALIDITY OF BIDS 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 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. 15.0 BID SECURITY 15.1 The Bid Security is required to protect the ONGC against the risk of Bidder's conduct, which would warrant the security’s forfeiture in pursuance to clause 16.7 15.2 Government Departments and Public Sector Undertakings are exempted from payment of Bid Security. 15.3 The Bidders not covered under Para 16.2 above must enclose with their offer (in case of two bid systems, with techno-commercial bid) bid security. The amount for bid security has been indicated in the "Invitation for Bid". 15.4 The Bid Security shall be acceptable in any of the following forms:
  18. 18. 17 | P a g e i) Bank Draft in favour of ONGC valid for 180 days from its date of opening of technical bid. ii) Bank Guarantee in the prescribed format as per Appendix 4, valid for 30 days (Thirty) beyond the date of required validity of offer. The bank guarantee by domestic bidders will have to be given from the Nationalized / Scheduled banks, on non-judicial stamp paper as per stamp duty applicable at the place from where the bid has emanated. The non-judicial stamp paper should be in the name of the issuing bank. 15.5 ONGC shall not be liable to pay any bank charges, commission or interest on the amount of Bid Security. 15.6 Subject to provisions in Para 16.2 above, offers without Bid Security will be ignored. 15.7 The Bid Security shall be forfeited by ONGC in the following events: (a) If Bid is withdrawn during the validity period or any extension thereof duly agreed by the Bidder. (b) 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. (c) 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. 15.8 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). 15.9 OFFERS WITH FAX BID BONDS Normally offers received along with Fax Bid Bond shall not be considered. However, ONGC reserves the right to consider the offer, provided it is followed by confirmatory original Bid Bond executed in prescribed Proforma 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 (techno-commercial bid opening date in case of Two Bid System), 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.
  19. 19. 18 | P a g e 15.10 TELEX/TELEGRAPHIC/TELEFAX/XEROX/PHOTOCOPY BIDS: 15.11 Telex/Telegraphic/Tele-fax/ Xerox/ Photocopy bids will not be considered. D. SUBMISSION AND OPENING OF BIDS 16.0 SEALING AND MARKING OF BIDS. 16.1 The original copy of the Bid is to be submitted in a double cover. The inner cover should be sealed and superscribed as "Tender Number: - UP14C13001 and due for opening on 06.05.2013 AT 1700 Hrs.” The outer cover should duly bear the tender number and date of closing/ opening prominently underlined, along with the address of ONGC’s office, as indicated in Invitation for Bids. The tenders are to be submitted on or before 1600 hrs. on 06.05.2013 as mentioned in NIT. 16.2 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". 16.3 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. 16.4 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 superscribed 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. 16.5 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). 16.6 Any change in quotation after opening of the tender WILL NOT BE CONSIDERED. 16.7 ONGC will not be responsible for the loss of tender form or for the delay in postal transit. 17.0 DEAD LINE FOR SUBMISSION OF BIDS
  20. 20. 19 | P a g e 17.1 The Bid must be received by the ONGC at the address specified in Invitation for Bids not later than 1500 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 1500 Hrs. (IST) on the specified date. All out-station tenders, if sent by post, should be sent under registered cover. 18.0 LATE BIDS 18.1 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. 18.2 Any bid received after dead line for submission of bid, will be rejected and returned unopened. 19.0 MODIFICATION AND WITHDRAWAL OF BIDS 19.1 No bid may be modified after the dead line for submission of bids. 20.0 OPENING OF BIDS 20.1 The bid will be opened at 1700 Hrs. (IST) on the date of opening indicated in "INVITATION FOR BID". The Bidder or his authorized representative may be present at the time of opening of bid on the specified date, but a letter in the form annexed at Appendix- 7 of Annexure I 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 this letter is presented by him, he may not be allowed to attend the opening of bid. 20.2 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. E. EVALUATION OF BIDS 21.0 EVALUATION AND COMPARISON OF BIDS 21.1 Evaluation and comparison of bids will be done as per provisions of Bid Evaluation Criteria & BEC Matrix at Annexure-IV. 22.0 UNSOLICITED POST TENDER MODIFICATIONS: 22.1 Unsolicited post-tender modifications will lead to straight away rejection of the offer.
  21. 21. 20 | P a g e 23.0 EXAMINATION OF BID 23.1 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. 23.2 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. 24.0 SPECIFICATIONS: 24.1 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. 25.0 CONTACTING THE ONGC No bidder shall contact the ONGC on any matter relating to its bid, from the time of the opening to the time the contract is awarded. AWARD OF CONTRACT 26.0 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. 27.0 ONGC’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS. 27.1 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 ONGC’s action. The ONGC also reserves to itself the right to accept any bid in part or split the order between two or more bidders. 28.0 NOTIFICATION OF AWARD (NOA) 28.1 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.
  22. 22. 21 | P a g e 28.2 The notification of award will constitute the formation of the contract. 28.3 Upon the successful bidder’s furnishing performance security, pursuant to Clause No. 15.8, the ONGC will promptly notify each unsuccessful bidder and discharge their bid securities. 29.0 MOBILISATION PERIOD Successful bidder has to mobilize & lift the exchanger within 15 days from the date of placement of LOA. 30.0 SIGNING OF CONTRACT 30.1 The successful bidder is required to sign a formal detailed contract with ONGC within a maximum period of 30 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. 31.0 PERFORMANCE SECURITY 31.1 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 Performance Security Form provided at Appendix 1 of Annexure II of the bidding documents, or another form acceptable to the ONGC. 31.2 Failure of the successful Bidder to comply with the requirement of Clause 15.7(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. 32.0 CORRESPONDENCE. 32.1 ONGC’s Telex/ telegraphic/ fax No. 022-27228211 / cable address is and Grams: COMONG, URAN. 32.2 All correspondence from Bidders/ contractor shall be made to the office of the Purchase Authority from where this tender has emanated.
  23. 23. 22 | P a g e 32.3 All correspondence shall bear reference to bid number. 33.0 REPRESENTATION FROM THE BIDDER: Representation(s) if any, in connection with the processing of the tender may be sent directly to Dy General Manager(p), 116, Dronagiri Bhavan, Uran Plant, Uran - 400702, Dist. Raigad, Maharashtra.
  24. 24. 23 | P a g e ANNEXURE – I APPENDIX - 1 BIDDING DOCUMENT ACKNOWLEDGEMENT PROFORMA Dated:................................. DGM(P)-I/C-Contract Cell, Oil & Natural Gas Corporation Ltd. Mumbai Region, Uran Plant, Uran-400702. Dist.-Raigad, Maharashtra State. Dear Sirs, We hereby acknowledge receipt of a complete set of Bidding Documents consisting of Five Annexure (along with their Appendices) enclosed to the "Invitation for Bid” pertaining to “ Job of Re-tubing of heat exchanger “Re-tubing of heat exchangers E-112D, E-512B and E- 2503 A/B of LPG 1, 2 & CFU Plant at Uran”. Tender No. MR /URAN/28/C/CC/ 59P/2012-13/UP14C13001 We have noted that the closing date for receipt of the tender by ONGC is 06.05.2013 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: ………………………………………………………. ………………………………………………………. TELEX NO: FAX NO: TELEPHONE NO: Yours faithfully, PERSONAL ATTENTION OF: (IF REQUIRED) (BIDDER WITH SEAL)
  25. 25. 24 | P a g e Note: This form should be returned along with offer duly signed. ANNEXURE – I Bid Submission Proforma APPENDIX - 2 Tender No............................ Contractor's Telegraphic Address: ______________________ ________________________ Telephone No. TELEX NO: FAX NO: To, DGM(P)-I/C CONTRACT CELL, Oil & Natural Gas Corporation Ltd. Mumbai Region, Uran Plant, Uran-400702. Dist.-Raigad, Maharashtra State 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 till 05.08.2013 2. I/We have understood and complied with the "Instructions to Bidders” at Annexure - I, "Bid Evaluation Criteria" at Annexure IV 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. 3. The following pages have been added to and form part of this tender:- 4. 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
  26. 26. 25 | P a g e Note: This form should be returned along with offer duly signed.
  27. 27. 26 | P a g e ANNEXURE – I APPENDIX - 3 AGREEMENT No. Dated DGM(P)-I/C CONTRACT CELL, Oil & Natural Gas Corporation Ltd. Mumbai Region, Uran Plant, Uran-400702. Dist: Raigad, Maharashtra State SUB: BIDDING DOCUMENT. Ref: TENDER No. MR /URAN/28/C/CC/ 59P/2012-13/UP14C13001 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 90 (Ninty) 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 honour the above terms and conditions, ONGC shall have unqualified, absolute and unfettered right to encash / forfeit the bid security submitted in this behalf. Yours faithfully yours faithfully (BIDDER) (Tender Issuing Authority ONGC) (One copy of this agreement duly signed must be returned along with offer.)
  28. 28. 27 | P a g e ANNEXURE – I APPENDIX - 4 PROFORMA OF BANK GUARANTEE TOWARDS BID SECURITY BID BOND Ref. No.................... Bank Guarantee No……….......... Dated ..………………... To, DGM(P)-I/C CONTRACT CELL 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 Bharati, 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 (in figures)___________________ (Indian Rupees (in words)_________________ only) 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. 2) 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.______ (Indian Rupees_______ (in words) _______________ only) 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.
  29. 29. 28 | P a g e 3) The Bank confirms that this guarantee has been issued with observance of appropriate laws of the country of issue. 4) 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. 5) This guarantee shall be irrevocable and shall remain in force upto ________________ which includes thirty (30) days after the period of bid validity and any demand in respect thereof should reach the Bank not later than the aforesaid date. 6) Notwithstanding anything contained hereinabove, our liability under this Guarantee is limited to Indian Rs. (in figures) _________________ (in words) ________________ only) and our guarantee shall remain in force until (indicate the date of expiry of bank guarantee) _________. 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) (Signature) Full name and official address (in legible letters) Full name, designation and official address (in legible letters) with Bank stamp. WITNESS NO. 2 (Signature) (Signature) Full name and official address (in legible letters) Attorney as per Power of Attorney No........….…….. Dated ………… Note: (i) This Bank Guarantee/all further communications relating to the Bank Guarantee should be forwarded to Chief Engineer (E), I/C Contract Cell, Room No.-102, Dronagiri Bhavan, Uran Plant, Uran –400702. (ii) Bank guarantee, duly executed as per the above format, is to enclosed with the offer
  30. 30. 29 | P a g e 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. Foreign Bidders are requested to execute Bank Guarantee as per law in their country. 3. Please indicate the currency in which Bank Guarantee is being given Indian Rupees have 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. 4. The expiry date as mentioned in Clause 5 & 6 should be arrived at by adding 30 days to the date of expiry of the bid validity unless otherwise specified in the bidding documents. 5. 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 bidder’s 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.
  31. 31. 30 | P a g e ANNEXURE – I APPENDIX - 5 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 failing which the offer is liable to be rejected. 1. Please tick whichever is applicable and cross whichever is/are not applicable. 2. Please fill up the BEC Matrix in the given format and sign it on each page. 3. Please sign each sheet of the offer. 4. Please number the each & every page of the offer serially. 5. Please submit the tender document copy duly signed & seal on each & every page of it. 6. The checklist duly filled in must be returned along with the offer. COMMERCIAL 1.1 Whether requisite tender fee has been paid? Yes No Not Applicable 1.2 If so, furnish the following: - By IPO/Bank Draft/ Cashier's Cheque Name of the Bank/post office Value Number of IPO/Bank Draft/Cashier's Cheque/Banker’s Cheque Date of issue of IPO/Bank Draft/Cashier's Cheque/ Banker’s Cheque 1.3 Whether Bank Draft/ Bank Guarantee/ Banker’s Cheque/ cashier’s Cheque/ proof of opening of Letter of Credit for the requisite earnest money has been enclosed with the offer? Yes No Not Applicable 1.4 If so furnish the following: -
  32. 32. 31 | P a g e 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 Draft should not be less than 150 days from the date of opening of tender). 1.5 Has the bidder's past experience Proforma (Appendix-6) been carefully filled and enclosed with the offer? Yes No 1.6 Whether firm prices have been quoted? Yes No 1.7 Whether rates have been quoted exactly as per the price bid format? Yes No Not Applicable 1.8 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 1.9 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 1.10 Whether all the clauses of the bidding document are accepted? Yes No 1.11 Whether details of your registration under Sale Tax/ Central Sales Tax/ Works Contract Tax/ Service Tax have been indicated in the offer?
  33. 33. 32 | P a g e 1.12 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) ANNEXURE – I APPENDIX - 6 BIDDERS PAST SERVICES (SIMILAR) PROFORMA SL. NO. NAME & ADDRESS OF CLIENT PERIOD DESCRIPTION OF SERVICES COMPLETED SUCCESSFULLY REMARK FROM TO 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. NOTE: CERTIFICATES FROM CLIENTS TO BE ENCLOSED ALONG WITH THIS PROFORMA. Yes No Not Applicable
  34. 34. 33 | P a g e Signature of the Bidder ___________________________ Name _________________________________________ Seal of the Company _____________________________ ANNEXURE – I Appendix - 7 AUTHORISATION LETTER FOR ATTENDING TENDER OPENING NO. Date To, DGM(P)-I/C CONTRACT CELL, Oil & Natural Gas Corporation Ltd. Mumbai Region, Uran Plant, Uran-400702. Dist.-Raigad, Maharashtra State SUBJECT: TENDER NO: UP14C13001 DUE ON 06.05.2013 Sir, Mr...............………………………………………………................. has been authorized to be present at the time of opening of above tender due on................ at ....................., on my/our behalf. Yours faithfully Signature of Bidder
  35. 35. 34 | P a g e Copy to: I/C, Contract Cell, Room No. 116/ 111, Dronagiri Bhavan, ONGC, Uran Plant, Uran – 400 702, Dist: Raigad - for information and for production before the concerned ONGC officials at the time of opening of bids.
  36. 36. 35 | P a g e ANNEXURE – I APPENDIX - 8 PROFORMA CERTIFICATE ON RELATIVES OF DIRECTORS OF ONGC This has reference to our proposed contract for Rs. ___________________ regarding ___________________________________________________________________________ to be entered in to with Oil and Natural Gas Corporation Limited (ONGC). 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) I am not a relative of any Director of ONGC. (ii) We are not a firm in which a Director of ONGC or his relative is a partner. (iii) I am not a partner in a firm in which a Director of ONGC or his relative is a partner. (iv) We are not a private company in which a Director of ONGC is a Member of Director. (v) 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. Authorized Signatory of the Contracting Party Place: Date:
  37. 37. 36 | P a g e ANNEXURE – I APPENDIX – 9 PROFORMA OF DECLARATION & UNDERTAKING BY BIDDER To, DGM(P)-I/C-CONTRACT CELL, Oil & Natural Gas Corporation Ltd. Mumbai Region, Uran Plant, Uran-400702. Dist.-Raigad, Maharashtra State TENDER NO. UP14C13001 Sir, 1. We ______________________________________ (name of the firm) hereby declare to the effect that neither We, nor any of our 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. 2. We ______________________________________ (name of the firm) hereby undertake that we 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. 3. We _______________________________________ (name of the firm) hereby undertake that we shall submit notarized copy of requisite category ( Maintenance & Repair ) of service tax registration certificate ( as per nature / service of contract ) along with first invoice submitted for payment against this purchase order , if awarded the job. 4. We _______________________________________ (name of the firm) hereby undertake that we shall obtain EPF registration number / certificate ( as per nature / service of contract ) if awarded the job & shall submit the requisite EPF registration certificate , copy of EPF remittance along with the first invoice submitted for payment against this purchase order. Also we do hereby undertake that we shall maintain EPF details of engaged contractual manpower as per statutory requirement as per enclosed EPF details Proforma given at Annexure – I, Appendix-11 @ page no.- 37 & shall comply the prevailing EPF norms/regulations/statutory guidelines laid by the central government/state government in this regard. Yours faithfully Signature of the Bidder …………………………………… Name …………………………………… Seal of the Company …………………………………… Yours faithfully
  38. 38. 37 | P a g e Signature of Bidder with seal ANNEXURE – I APPENDIX – 10 Tender No. UP14C13001 HEALTH, SAFETY & ENVIRONMENT (HSE) MANAGEMENT DURING CONTRACTS Objective Accident free execution of all works/contracts Goals 1. To provide a HSE guide to the prospective bidders/contractors, so that they are made aware of the prevailing HSE practices at ONGC Uran Plant and expectations from the contractors. 2. This should guide them in appropriate costing of the project, and also help them execute the contracts in a safe manner. Please note that –  The HSE requirements of ONGC can be elaborated in the Pre Bid Conference with all the bidders.  There shall be Pre job safety meeting between the successful bidder and ONGC, before start of the work.  There shall be regular safety meetings during the execution of the contract.  In case, the contractor has a HSE manual; there shall be a bridging document between ONGC & the contractor for common understanding. CLAUSE I INSTRUCTIONS TO BIDDERS / CONTRACTORS ON HEALTH SAFETY & ENVIROMENT (HSE) While at ONGC Uran Plant, everyone (employees of all kind including contractual, and visitors) has to– i. Adhere to Acts, Rule and Regulations issued by Central & State Government (i.e Govt of India and Govt of Maharashtra) e.g. Petroleum Act, Factories Act, Environment Protection Act, Labour Act etc. ii. Follow ONGC’s HSE policy which is issued by the Chairman & Managing Director ONGC.
  39. 39. 38 | P a g e iii. Follow Health, Safety & Environment practices as per national and international benchmarks. ONGC Uran plant has been certified for Quality, Health, Safety & Environment (QHSE) Integrated Management System consisting of ISO 9001:2008, ISO 14001:2004 and OHSAS 18001:2007. 4. Adhere to Standards & Codes for products and work practices followed at ONGC Uran Plant as per national and international benchmarks. e. g. IS, API, NEMA, ASTM etc. 5. Adhere to the specific rules and procedures followed at Uran plant for ensuring safety e.g.  Gate pass for entry in plant/office,  Vehicle entry permit for entry of vehicles in plant and in process area  Permit To Work system for carrying out Hot jobs, Entry to confined spaces, working at heights, Excavation, Cold works, Electrical lock out, Radiography  Incident reporting system for reporting any undesirable incident  Change Management system for carrying out any change / modification in the plant  Personal Protective Equipment to be strictly used while working  Tool Box Talk before commencement of any job The details of above systems and other safety precautions along with written procedures and document flow charts etc will be given at the time of Pre Bid conference / signing contract agreement. CLAUSE II The contractor has to particularly ensure the following – i. Medical examination – Medical fitness of the employees for undertaking a particular kind of job should be ascertained before employment. The employees deputed at Uran for work should undergo medical examination (pre employment & periodical) as per provisions of clause 73-V of Maharashtra Factories Rules 1963. ii. Working hours – of their workmen are strictly as per provisions of Factories Act.
  40. 40. 39 | P a g e iii. Lifting machines, chains, ropes, and lifting tackles – The use/inspection/certification of lifting machines, chains, ropes, and lifting tackles should be as per provisions of clause 64 of Maharashtra Factories Rules 1963. The record of inspection/certification by competent person (approved by Directorate of Industrial Safety & Health) should be maintained at site. iv. Vehicle Entry Permit – Only the vehicles having valid permit are allowed inside the plant. The contractor shall ensure that the vehicles intended for entry in the plant fulfill the requirements of Vehicle Entry Permit. This requires that the vehicle should be in roadworthy condition, and must be fitted with PESO approved spark arrestor. Some of the necessary documents are driver license for the appropriate class of vehicle, load test certificate for the cranes, fitness certificate from RTO, permission for carrying of hazardous chemicals, insurance, PUC, registration etc. Please note that with such vehicle entry permit, the vehicle can move in white areas/roads of the plant. For entry in process area, separate permission from shift in-charge shall be obtained. v. Scaffolding – The material should be of industrially accepted high standard. Ensure that the ground is firm before erecting any scaffold. Scaffolding material should be of industrially accepted high standard, normally should be made of steel/ metallic frame and tested for the load as well as stability. It should be erected by scaffolding professionals. Scaffoldings should be inspected and certified for use daily. Record of such inspection is to be maintained. vi. Temporary electrical connections – Requisition for temporary electrical connection should be made in a standard format. The wiring should be such that, there is no scope of electrocution and burning/sparking. The earthing/bonding and the insulation should be proper and of adequate rating. Separate earth pits to be made if required. The cable and the fittings should be of proper rating. Protective relays should be installed wherever required. The electrical fittings/panels shall be weather proof/ flameproof depending on the place of its location. Plant’s hazardous area classification shall be referred for this purpose. Each feeder shall be sealed so that
  41. 41. 40 | P a g e there is no possibility of entry of any rodent/ lizards etc. Power distribution board shall have adequate ingress protection. Rubber mat shall be placed on the floor around the distribution board. vii. Barricading – If a hot job is to be carried out within the battery limits of running unit or within hazardous area; adequate barricading in form of welding booth or barricade made from tin/asbestos sheets should be provided. viii. Simultaneous operations – Operations which are potentially hazardous must not be undertaken simultaneously. For example; blinding/de-blinding of hydrocarbon pipelines should not be done when other hot job (cutting/welding) is going on in the near vicinity. ix. Hand tools – The hand tools used must be of standard make and fit for use. If work is to be done within the battery limits of running unit or within hazardous area; utmost care shall be taken for prevention of spark while using the hand tools. The hammers and scrapers in such case should be of brass. x. Environment protection – The contractor while working in the plant area shall ensure that their activities / operations do not contravene with the Environment Protection Act 1986 and the rules therein. The contractor shall ensure that the hazardous waste generated by him is disposed of safely as per MPCB requirements. xi. Gas detection system – theTheTheThere is an existing gas (Hydrocarbon) detection system in the plant. In case of longer duration works; the contractor shall install his own hydrocarbon gas detection system with suitable number of detectors, annunciator panel and hooter within his work area. For short duration works, regular monitoring by portable gas detectors shall be done. Also, in case of any gas/fire alarm or siren from the plant or contractor’s work area, all hot jobs must be stopped immediately. xii. Excavation/Trenching/ Road cutting – As a part of excavation permit; it is required to obtain clearance from electrical, instrumentation & infocom departments. Care shall be taken for avoiding caving in of the dug up trench. This may require providing additional supports or temporary supporting structure on the inside walls or proper
  42. 42. 41 | P a g e angle to the side walls. Adequate bank slope shall be made as per soil type. The excavated soil, stock pile or heavy equipment should be kept at least one meter away from the trench. Safe means of getting in and out of the trench should be made near to work area. Barricade shall be provided surrounding the excavation area. In case any job requires ‘road cutting’, special permission shall be obtained as per permit to work system before start of the work. xiii. Confined space entry/Vessel Entry – No person shall enter the vessel / confined space without a valid vessel entry permit. The permit requires testing of air sample in the confined space/vessel. The air in the confined space/vessel must be suitable / safe for human consumption. No person shall be allowed to work in the confined space/vessel for a longer duration. Record must be maintained for personnel entry and exit from the confined space/vessel. The work in confined spaces should be done as per Buddy system. xiv. Radiography – Only authorized persons shall handle the radioactive materials. The area must be cordoned off properly. xv. Working at height – All works above two meters height must be done with a valid Hot Work Permit. Persons must work with full body harness safety belt and harness must be secured properly. It also should be ensured that there is no other simultaneous work going on just below the work at height. xvi. Hot works – Any job involving naked flame or any job involving/creating spark or high heat are termed as Hot Works and a valid Hot Work Permit must be obtained for such jobs. This is required to be renewed in every shift. It has to be ensured that the area where such job is to be carried out, should be free from combustible materials. xvii. Material handling - No one is allowed to ride on blocks, hooks, and suspended loads. Guy ropes must not be fastened to existing equipment, pipeline, tank supports, Load must not remain supported for an unreasonable length of time by
  43. 43. 42 | P a g e any means (Mechanical/ Hydraulic etc.). Suspended load must not be left unattended. xviii. Gas cylinder – All gas cylinders must have a valid test certificate. The contractor must use only the certified gas cylinder within their validity period. The contractor must adhere to Explosives Act 1884/ Gas Cylinder rules 2004 while using gas cylinders in the plant. xix. Machine tools – Machine tools e.g. grinders, cutter etc must be ISI certified/standard make and safe for use. xx. Housekeeping – The contractor shall maintain proper housekeeping in their work area in order to ensure safety and good environment. It should be ensured that the work area is left clean at end of the work. Contractor’s equipment, tools and tackles should not cause hindrance in the escape route. xxi. Illumination – It should be ensured that, all the works are carried out in adequate light for proper visibility. xxii. Training & Competency – The contractor employees should undergo safety briefing, tool box talk and formal training in safety (in-house or external). In case of contracts, involving a large number of persons, an adequate number of persons must be trained in first aid. It will be contractor’s responsibility to ensure that their employees are competent to the perform the job assigned to them. xxiii. Security – The contractor must employ personnel only after police verification. The personnel must have valid gate pass for entry in the plant. The passes shall be renewed periodically and on completion of work. The passes shall be returned to the security section without fail. It also must be ensured that, their employees leave the plant premise after duty hours. xxiv. PPE – The contractor must provide standard quality Personal Protective Equipment (PPE) like cotton dungarees, industrial shoes & helmet. Apart from these, appropriate PPE depending on the job like safety goggle, safety belt, gloves, ear plugs/muffs, dust masks, chemical suit, welding gloves and glass etc should be
  44. 44. 43 | P a g e provided to his workmen before start of the work and ensure that they wear it while working. xxv. Emergency Response Plan – The contractor should have an Emergency Response Plan for the job undertaken. This should dovetail with ONGC’s Disaster Management Plan. xxvi. Audit/Inspection – The HSE performance of the contractor is subject to audit/inspection by ONGC officers. xxvii. Accident/Incident reporting – All minor/major accidents/incidents shall be reported /recorded as per existing procedure at ONGC Uran Plant. Also any unsafe condition should be brought to the notice of Engineer in-charge. The contractor shall submit a report on HSE performance during periodic project review meeting. CLAUSE III GENERAL SAFETY & SECURITY NORMS WHILE WORKING IN ONGC DO’S 1. Ensure an operational area entry pass (pink colour) before entry into operational areas (Operational areas include CSU, GSU, LPG, CFU, C2C3, LAN/LPG/C2C3 storage, Terminal, Slug catcher, Flare area, gas compressors etc.). Those who do not possess the valid pass should not enter the operational area. 2. Before starting any job, make sure that you have obtained necessary ‘permit to work’ from ONGC. 3. Tool Box Talk prior to commencement of any hot job is mandatory. 4. In case of chemical spill on the body or in the eyes, use safety shower to wash immediately. Contact Occupational Health Centre (Tel No. 4555 to 4559) or bring the affected person to the doctor immediately. 5. Adequate number of certified First Aiders should be available with the contractor at site. In case of emergency, these first aiders should respond immediately. ONGC Doctor is available at Occupational Health Center/Dispensary. 6. Use only safety torch certified for use in hazardous areas.
  45. 45. 44 | P a g e 7. Remove all flammable materials from the site of welding (e.g. dry grass, gunny bags, tarpaulin, wooden plank etc.) 8. In case of fire, inform fire station (Tel No. 4444, 4445, 4446) immediately. 9. Use only brass tools (or non sparking tools) while working inside the operational area. 10. Ensure that during arc welding, the electrode holder is effectively insulated and properly maintained. 11. Use 3-pin connection for portable grinders. 12. Provide handrails at the sides of the scaffold walk ways to avoid any fall. 13. Avoid shock loads e.g. dropping heavy objects or jumping on the platforms. 14. Keep wrenches and spanners free of oil and grease to avoid spillage from hand. While working at height on scaffold, use proper container to keep the tools when not in use. 15. Replace or repair hand tools e.g. hammers, wrenches, screw drivers etc. if found defective. 16. Dispose off all oil rags, rubbish and papers into proper bins. 17. Report even smallest injury to the doctor and also to the supervisor. 18. Park the crane in safer place, when not in use, with parking brake. 19. Keep tall portable ladders in a safe place, when not in use. 20. Wear safety belt and lifeline while working at height. 21. Obtain permit for carrying vehicle, crane, engine driven pump, engine driver vibrator and concrete mixer into operating plant area. 22. Beware of the height while moving below overhead electric transmission lines. 23. Check periodically the condition of slings. Use only tested slings for lifting of loads. 24. The contractor’s employees should not use compressed air to clean clothes, hair or hands, as the pressure is high enough to cause injury. Explosive liquids such as Naphtha etc shall not be used as cleaning agent. Use only approved cleaning agents. 25. High pressure water from fire water or service/cooling water lines should not be used for cleaning/bathing.
  46. 46. 45 | P a g e DONT’S 1. Do not carry lighters, matches, transistors, ordinary torches, camera or any other electronic/ electrical items inside the operational area. 2. Do not jump over/ cross the operational area fencing. 3. Never smoke inside the plant. 4. Do not use any portable hand lights in any location inside the operational area unless explosion proof. 5. Do not use welding set, if it is not properly earthed. 6. Never use any make shift electrical connections. There should not be any loose electrical connection. 7. Never carry electrode holder in the arm, since it is often sweaty. 8. Do not enter any confined space like sump, tank, vessel etc. without permit. 9. Do not cut any road without permit. 10. Do not hook up any job or carry out any welding, cutting close to the operational area without permit. 11. Do not stand on any piping/tubing. Also do not tie any rope/sling to any piping/tubing. 12. Do not operate any kind of valve, switch, push buttons etc without permission of ONGC Engineer In-charge. 13. While using crane, do not swing a load near people. 14. Never look directly to the arc produced when welding without eye protection. 15. Do not panic in any emergency. On hearing of plant’s main siren, stop all hot jobs and contact your supervisor and ONGC engineers at site for further action. 16. Do not block the ways for emergency aid. 17. Do not rest under moving load of crane. 18. Do not walk along the sides of any excavation. 19. Do not use a defective tool. 20. Do not run or shout inside plant unnecessarily. 21. Do not loiter near any operating unit, unless you have a job to perform.
  47. 47. 46 | P a g e 22. Do not walk on pipelines. 23. Do not play with compressed air hose, steam etc. 24. Do not use full/ empty drums as work support for any job or in place of ladder. 25. Do not use air, water, steam hoses unless they are properly secured. 26. Do not try to dry your clothes on steam lines or any other hot surfaces. 27. Do not leave tools or materials at height where they may accidentally fall on persons below. 28. Do not consume alcoholic drinks within the plant area. 29. Do not use shoes with nails. 30. Do not misuse, tamper any fire fighting equipments. 31. Do not use fire water for any other purpose (e.g. washing hands or clothes etc.) 32. Never go nearer to any high voltage source, unless authorized. 33. Do not park the crane in any place to cause hindrance to others. 34. Never over load the crane or any other lifting device. Notice safe working load (SWL) should be displayed on the lifting device. 35. Do not use a ladder, which is defective in any respect e.g. broken, missing or split side rails or rungs. 36. Do not throw rubbish here and there. 37. Never misuse/ tamper protective kits. 38. Do not allow accumulation of dry grass/vegetation at any place. CLAUSE IV MISCONDUCT The under mentioned acts of the employees of the Contractor, shall amount to misconduct and the employees concerned shall be liable to disciplinary action: 1. Tampering Fire Extinguisher in no Fire condition. 2. Using Fire buckets, Fire hydrant, delivery hoses & branches for any purpose other than fire fighting without the knowledge of Fire Department. 3. Smoking in ONGC premises.
  48. 48. 47 | P a g e 4. Carrying gas lighter, match box/ battery operated (unauthorized) equipment in operational areas. 5. Carrying vehicles without spark arrestor in operating areas. 6. Giving false fire alarm, intentionally. 7. Fighting, Gambling, Horseplay or other misconduct is not permitted on the site. Threatening another employee or visitor will not be tolerated. Non- compliance will result in disciplinary measure, which could include immediate expulsion. 8. Pushing or crowding at elevators, entrances/ exits or on stairways or on board of vehicles. This may endanger oneself as well as others. CLAUSE V The contractor shall maintain following records at the worksite – 1. Pre employment & Periodic Medical examination of their workmen 2. Inspection / testing of tools & tackles by competent authority of Govt of Maharashtra 3. Work permits/lockouts and vehicle entry permits 4. Leave with wages 5. Duty roaster 6. Wages and Provident Fund 7. Any other document required by law
  49. 49. 48 | P a g e ANNEXURE – I Appendix – 11 Compliance by the contractor of EPF norms/regulations as per statutory requirement. EPF Details to be maintained & provided by the contractor Proforma – “PFD” SUB: PARTICULARS OF PF CONTRIBUTION FOR THE MONTH OF YEAR (1) Name of the Firm/ Agency/ Contractor ___________________________ Nature of Contract : Job/ Service contract, AMC, (2) Postal address of the Contractor ______________________________ (3) Phone No. of the Contractor __________________________________ (4) Fax No. of the Contractor ___________________________________ (5) Address of PF office from where EPF Code No. has been allotted: ____________________ (6) EPF Code No. allotted by PF office _____________________ (14) Details of contract labour engaged by the contractor Categor y No. of Workers Prevailin g Min. wages Unskille d
  50. 50. 49 | P a g e (7) Address of ESIC office from where ESI Code No. has been allotted: ___________________ (8) ESI Code No. allotted by ESIC Office (9) Period of Contract : From____________ to ______________ (a) Extension period of contract, if any From _________ to _______ (b) Place where contract workmen are working (10) Labour Licence No. ________________________ dtd. ____________ (11) Validity period of Labour Licence From ___________ To _____________ (12)Details of Deposition of contribution towards EPF (a) EPF Challan No. ___________ Amount ____________ Date ___________ (13)Details of Deposition of contribution towards ESI (a) ESI Challan No. _______________ Amount _________________ Date _________ Semi skilled Skilled Highly skilled Total CERTIFIED THAT I have paid the notified minimum wages to my contractual workers as per the agreement. The above information is correct to the best of my knowledge. In case nay discrepancies or irregularties is /are noticed in this agreement, then ONGC is free to inform the PF/ESIC Authorities.
  51. 51. 50 | P a g e Within one month on completion/expiry of the contract, I shall fill up the prescribed Forms for withdrawal or transfer of PF/Pension Account in favour of my contractual workmen under control and intimate to Principal Employer. Before the completion of contract, I shall serve one month notice to all my contractual workers, informing that their services will be terminated. Within one month on completion/expiry of the contract, I shall pay all the dues/ terminal dues such as leave with wages, bonus (if applicable), Gratuity (if applicable), to all my contractual workmen, failing which my Bank Guarantee/ Security Deposit may be withheld by ONGC. Date: Place: Signature & Seal of the Contractor
  52. 52. 51 | P a g e ANNEXURE – I APPENDIX – 11A FORMAT FOR REGRET LETTER TO BE SUBMITTED ON THE LETTER HEAD OF THE BIDDER (IN CASE THE BIDDER IS NOT SUBMITTING HIS OFFER) Ref No: ___________ Dated: ________ To, DGM(P)-I/C-CONTRACT CELL, Oil & Natural Gas Corporation Ltd Mumbai Region, Uran Plant, Uran-400702 Dist.-Raigad, Maharashtra State Sub: Regret Letter Ref: Tender No UP14C13001 Dear Sir, With reference to subject tender, we are unable to quote due to the reason mentioned below (√ marked). We are returning the total tender document to you. 1) The item/service does not fall in our product/servicing range 2) We do not meet BEC (Bid Evaluation Criteria) as specified in tender 3) We cannot meet the technical specifications as specified in tender 4) There is an order overbooking 5) Any other reason (please specify) 6) We need some more time for submission of offer and hence request for extension of bid submission date Yours faithfully, (Seal & Signature of the Bidder)
  53. 53. 52 | P a g e ANNEXURE – I APPENDIX - 12 PARTICULARS OF VENDOR REQUIRED FOR PURPOSE OF MAKING PAYMENT THROUGH ELECTRONIC PAYMENT MECHANISM (PLEASE ATTACH ONE CANCELLED CHEQUE) (1) Vendor/Customer Name: _______________________________________ (2) Complete Address _______________________________________ _______________________________________ _______________________________________ _______________________________________ (3) Bank’s Name _______________________________________ (4) Beneficiary A/c No. _______________________________________ (5) Account Type _______________________________________ (6) Branch Name _______________________________________ (7) Bank Address _______________________________________ _______________________________________ _______________________________________ (8) MICR Code _______________________________________ (9) Bank IFSC Code : _______________________________________
  54. 54. 53 | P a g e Authorized Signatory with Name & seal of Bidder ANNEXURE – I APPENDIX – 12A FORMAT OF AGREEMENT BETWEEN BIDDER AND THEIR PARENT COMPANY (TO BE MADE ON STAMP PAPER OF REQUISITE VALUE AND NOTORISED) This agreement made this day of month year by and between M/s. ____________________(Bidder's particular) ___________ hereinafter referred to as bidder of the first part and M/s. (Parent Company's particulars) hereinafter referred to as "Parent Company" on the other part, whereas M/s. Oil & Natural Gas Corporation Limited (hereinafter referred to as ONGC) has invited offers vide their tender No. _________________________________________________________________________ for and whereas M/s. _________________________________________________________________________ (Bidder) intends to bid against the said tender and desires to have a financial and technical support of M/s. _______________(Parent Company) and whereas Parent Company represents that they have gone through and understood the requirements of subject tender and are capable and committed to provide the services as required by the bidder for successful execution of the contract, if awarded to the bidder. Now, it is hereby agreed to by and between the parties as follows: 1. ______________M/s. (Bidder) will submit an offer to ONGC for the full scope of work as envisaged in the tender document as a main bidder and liaise with ONGC directly for any clarifications etc. in this context. 2. M/s.(Parent Company) as a sub-contractor undertakes to provide financial, technical support and expertise, expert manpower and procurement assistance and project management to support the bidder to discharge its obligations as per the Scope of work of the tender / Contract for which offer has been made by the Parent Company and accepted by the bidder.However, as a minimum, following services will be necessarily covered by the Parent Company: 3. This agreement will remain valid till validity of bidder's offer to ONGC including extension if any and till satisfactory performance of the contract in the event the contract is awarded by ONGC to the bidder 4. It is further agreed that for the performance of work during contract period bidder and Parent Company shall be jointly and severely responsible to ONGC for satisfactory execution of the contract. 5. However, the bidder shall have the overall responsibility of satisfactory execution of the contract awarded by ONGC. In witness whereof the parties hereto have executed this agreement on the date mentioned above. For and on behalf of For and on behalf of (Bidder) (Parent Company) Witness:
  55. 55. 54 | P a g e 1) 1) 2) 2) ANNEXURE – I APPENDIX – 12B PARENT COMPANY GUARANTEE DEED OF GUARANTEE THIS DEED OF GUARANTEE executed at ........................ this .......... day of ............. by M/s ................................... (mention complete name) a company duly organized and existing under the laws of...........................(insert jurisdiction/country), having its Registered Office at ......................................................hereinafter called "the Guarantor" which expression shall, unless executed by or repugnant to the subject or context thereof, be deemed to include its successors and permitted assigns. WHEREAS M/s Oil & Natural Gas Corporation Limited, a company duly registered under the Companies Act 1956, having its Registered Office at 8th floor, Jeevan Bharti, Tower-ll, 124, Indira Chowk (Connaught Circus), New Delhi, India, and having an office, amongst others, at ......................... (insert purchase centre address) hereinafter called "the Corporation" which expression shall excluded by o r repugnant to t he context t hereof, bed eemed to i nclude i ts successor And assigns, invited tender number ..................for ..........on .................. M/s ............................ (mention complete name), a company duly organized and existing under the laws of ..................... (insert jurisdiction/country), having its Registered Office at .............................. (give complete address) hereinafter called "the Company" which expression shall, unless excluded by or repugnant to the subject or context thereof, be deemed to include its successor and permitted assigns, *a wholly owned subsidiary of the Guarantor, have, in response to the above mentioned tender invited by the Corporation, submitted their bid number .............................. to the Corporation with one of the condition that the Company shall arrange a guarantee from its parent company guaranteeing due and satisfactory performance of the work covered under the said tender i ncluding any change. therein as may be deemed appropriate by the Corporation at any stage. The Guarantor represents that they have gone through and understood the requirement of the above said tender and are capable of and committed to provide technical, financial and such other supports as may be required by the Company for successful execution of the same.
  56. 56. 55 | P a g e The Company and the Guarantor have entered into an agreement dated as per which the Guarantor shall be providing technical, financial and such other supports as may be necessary for performance of the work relating to the said tender. Accordingly, at the request of the Company and in consideration of and as a requirement for the Corporation to enter into agreement(s) with the Company, the Guarantor hereby agrees to give this guarantee and undertakes as follows: 1. The Guarantor (Parent Company) unconditionally agrees that in case of non- performance by the Company of any of its obligations in any respect, the Guarantor shall, immediately on receipt of notice of demand by the Corporation, take up the job without any demur or objection, in continuation and without loss of time and without any cost to the Corporation and duly perform the obligations of the Company to the satisfaction of the Corporation. In case the Guarantor also fails to discharge its *strike out, if not applicable obligations herein and complete the job satisfactorily, the Corporation shall have absolute rights for effecting the execution of the job from any other person at the risks and costs of the Guarantor. The Guarantor also undertakes to make good and loss that may be caused to the Corporation for non-performance or unsatisfactory performance by the Guarantor or the Company of any of their obligations. 2. The G uarantor agrees that the Guarantee herein contained shall remain valid and enforceable till the satisfactory execution and completion of the work (including discharge of the warranty obligations) awarded to the Company. 3. The Guarantor shall be jointly with the Company as also severally responsible for satisfactory performance of the contract entered between the Company and the Corporation. 4. The liability of the Guarantor, under this Guarantee, is limited to the value of the contract entered between the Company and the Corporation i.e. up to ................. This will, however, be in addition to the forfeiture of the Performance Guarantee furnished by the Company. 5. The Guarantor represents that this Guarantee has been issued after due observance of the appropriate laws in force in India. The Guarantor hereby undertakes that the Guarantor shall obtain and maintain in full force and effect all the governmental and other approvals and consents that are necessary and do all other acts and things necessary or desirable in connection therewith or for the due performance of the Guarantor's obligations hereunder. 6. The Guarantor also agrees that this Guarantee shall be governed and construed in
  57. 57. 56 | P a g e accordance with the laws in force in India and subject to the exclusive jurisdiction of the courts of.............. , India. 7. The Guarantor hereby declares and represents that this Guarantee has been given without any undue influence or coercion from any person and that the Guarantor has full understood the implications of the same. 8. The Guarantor represents and confirms that the Guarantor has the legal capacity, power and authority to issue this Guarantee and that giving of this Guarantee and the performance a nd o bservations o f t he o bligations hereunder d o notc ontravene a ny existing law or any judgement. For & on behalf of (Parent Company) Witness : 1. 2.
  58. 58. 57 | P a g e 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 Bharati, 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 Corporation’s 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
  59. 59. 58 | P a g e the required services against CORPORATION’s 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 CORPORATION’S 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:
  60. 60. 59 | P a g e 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. 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 sub-letted by the CONTRACTOR after necessary consent of ONGC. 1.9 CONTRACTOR’S 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 0000 hours with reference to local time at the site. 1.12 EQUIPMENT/MATERIALS/GOODS:
  61. 61. 60 | P a g e 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 of the job 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:
  62. 62. 61 | P a g e 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 ONGC’s acceptance thereafter. The date and time of ONGC’s acceptance of ONHIRE survey will be treated as the date and time of mobilization. 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. 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.
  63. 63. 62 | P a g e 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 arm’s 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 Annexures thereto at Annexure-IV. 3.0 DURATION OF THE CONTRACT: The contract shall be valid for a period of 6 Months from the date of placement of LOA. 4.0 NOTICES AND ADDRESSES: 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: 4.1 OIL & NATURAL GAS CORPORATION LIMITED For CONTRACT related communication DGM(P)-I/C CONTRACT CELL, 116, Dronagiri Bhavan, Mumbai Region,
  64. 64. 63 | P a g e Uran Plant, Uran-400702, Dist.- Raigad, Maharashtra State. FAX: 022-27222811 For operations, reports and payments a. Designated Engineer-in-Charge for contract execution, report & bill / payment certification & verification. b. Bills are to be raised in the name of Dy. General Manager (F&A), ONGC, Uran Plant, Uran. With a copy to: Shri B. B.NAYAK, DGM (P) – I/C Contract Cell 116, Dronagiri Bhavan, Mumbai Region, Uran Plant, Uran-400702, Dist.- Raigad, Maharashtra State. FAX: 022-27222811 4.2 CONTRACTOR’S REGISTERED OFFICE AND ADDRESS ……………………………………… ……………………………………… ……………………………………… Fax No……………………………… 5.0 DUTIES AND POWER / AUTHORITY: 5.1 The duties and authorities of the ONGC’s Engineer-in-Charge OR Site Representative are to act on behalf of the ONGC for: (i) Overall supervision, co-ordination and Project Management at site (ii) Proper utilization of equipment and services. (iii) Monitoring of performance and progress & Payment thereof.

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