0 | P a g eTENDER NO. UP14C13001TENDER 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 & CFUPlant at Uran”.
1 | P a g eNO: MR /URAN/28/C/CC/ 59P/2012-13/UP14C13001 Date:--INVITATION TO BIDTo,____________________________________________________________________________________________________________________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. Thetender document consists of total 142 pages including this letter. Tenders should besubmitted in two bid system comprising of:-Techno-commercial bid: - Tender documents along with all its enclosures as mentioned inthe 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 besubmitted with this bid only.Price bid: - The rate shall be filled only in the schedule given in this tender document. Dulyfilled in documents should be placed in separate envelope super scribing “Price Bid” andduly sealed. No other document or terms and conditions should be put in the price bid. Boththe envelopes containing techno-commercial bid and price bid should be put together inone 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 reasonwhatsoever.With regards,Yours sincerelyCE(P), CCell.For DGM (P) I/C-CONTRACT CELL
2 | P a g eTENDER NOTICEName of the Work “Re-tubing of heat exchangers E-112D, E-512B and E-2503A/B of LPG 1, 2 & CFU Plant at Uran”.UP14C13001Contract Cell,Contract-Cell Dronagiri Bhavan,UranPlant, Uran 400 702TenderSectionType of Tender Indigenous Open Tender in Two Bid System.Notification date 05.04.2013Cost of theTender Document(IN INR)Rs.500/- (Rupees Five hundreds only) in the form of crossedDemand 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 SixHundred Fifty Only) in the form of Crossed Demand drawnin favour of DGM(F&A),ONGC, Uran Plant,Uran payable atMumbai Only and issued by any Nationalized / scheduledCommercial Bank.Essential Qualification Criteria The bidders must fulfill the Essential qualification Criteria asspecified in the NIT and all necessary documents shall besubmitted at the time of submission of tender:.Experience:-The bidder must have executed the job of fabrication of heatexchanger/re-tubing of exchanger in any Hydrocarbonindustries/ Petrochemical / /Refineries /FertilizersPlant/Power Plant/Industrial Unit/Public or Private SectorOrganization Unit during last 7 years from the date ofopening of the bid, should be either of the following:-(a) Three similar completed works each costing not lessthan the amount equal to Rs.29,32,504/- (RupeesTwenty Nine Lac Thirty Two Thousand Five HundredFour Only)(b) Two similar completed works each costing not less thanthe amount equal to Rs. 36,65,630/- (Rupees Thirty SixLac Sixty Five Thousand Six Hundred Thirty only)(c) One similar completed work costing not less than theamount equal to Rs. 58,65,008/- (Rupees Fifty Eight lacOIL AND NATURAL GAS CORPORATION LTD.MUMBAI REGION, Uran Plant, UranDist.-Raigad– 400702 (Maharashtra)
3 | P a g eSixty Five Thousand Eight Only)The bidder shall submit notarized copies of work ordercopies containing detailed scope of work and also notarizedcopies of documentary evidence of completion of the jobcorresponding to above work orders such as (i) SatisfactoryCompletion/ Performance Report (or) (ii) Proof of Release ofPerformance Security after completion of the Contract (Or)(iii) Proof of Settlement/ Release of Final Payment Againstthe Contract (Or) (iv) Any other documentary evidence thatcan substantiate the satisfactory execution of the contract insupport of above along with techno-commercial bid.Bidders not qualifying the above mentioned eligibilityqualifications and experience will be rejected.(B) The bidder should have Registration of theirestablishment firms either under shops and EstablishmentActs or under Companies Act/Directorate of Industries ORIndian Partnership Act’32. OR Factories Act ’48Conditions 1. No deviations / exceptions to the bid conditions shall beacceptable.2. ONGC reserves it’s right to issue or not to issue the tenderdocument to any purchaser. Issuing of tender shall not bepresumed 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 andtime as per NIT.5. ONGC further reserves its right to reject any or all tenderswithout assigning any reason whatsoever.6. Bidders will have the option of purchasing tenderdocuments from the selling centers’ as per prevailingpractice (or) downloading the tender documents and usethe same for participating in the tender. But the biddersdownloading the document from the website shouldensure to submit tender fee so as to reach the tenderinviting work centre before the deadline specified fortender sale along with confirmation on major qualifyingcriteria (MQC) / pre-qualification criteria (PQC) which willbe acknowledged by ONGC by issuing Request forQuotation (RFQ) number specific to the tender and bidderthrough Fax/e-mail. The intending Bidder must beregistered with ONGC (having vender code No). Thebidders who are not registered with ONGC i.e. not havingVender Code number are requested to get registered
4 | P a g ethemselves to obtain vender code well in advance prior toclosing date of tender selling. Request for Quotation (RFQ)number specific to the bidder and tender cannot begenerated if the bidder is not having a valid Vendor Codewith ONGC.7. If tender fee and confirmation of PQC conditions inundertaking are not received before the deadline specifiedfor tender sale, the request of bidder to participate intender be will be summarily rejected. (ONGC shall not beresponsible for any postal delay).8. The successful bidder has to give an undertaking that theywill provide all the necessary certificates / documents forenabling ONGC to avail in put VAT Credit and CENVATcredit benefits (wherever applicable), in respect of thepayments of VAT, Excise Duty, Service Tax etc which arepayable against the contract (if awarded) along withdocumentary evidence for payment of excise duty andservice tax as applicable under the law.9. For any clarification please log on to our website“tenders.ongc.co.in”Tender issuing and receivingOffice addressTenderissuing/receiving/leavereserve office addressK.A.KATYARI CE (P),Contact Cell , 111, Dronagiri Bhavan,ONGC Ltd., Uran Plant, Uran-400702, District : RaigadV.K.GUPTA CE (E), Contact Cell , 111, Dronagiri Bhavan,ONGC Ltd., Uran Plant, Uran-400702, District : RaigadTender submission address Tender box kept at the Office of DGM (P),I/C Contact Cell ,Room No.116, Dronagiri Bhavan, ONGC, Uran Plant, /ChiefEngineer (P), Room No.111, Dronagiri Bhavan, Uran-400702,Distt.- Raigad.
5 | P a g eINDEXANNEXURE – IINSTRUCTION TO BIDDERSS.No. Clause P. No.1. Eligibility of the Bidder 092. Tender Fee 093. Transfer of Bidding Document 094. Cost of Bidding 095. Content of Bidding Document 106. Amendment to Bidding Documents 117. Language and Singing of Bid 118. Clarification in respect of incomplete Offers 129. Documents comprising the Bid 1210. Price Schedule 1311. Price Bid 1412. Income Tax Liability 1413. Vague and Indefinite Expressions 1514. Period of Validity of Bids 1515. Bid Security 1616. Telex/ Telegraphic/ Telex/ Xerox/ Photo Copy Bids 1717. Sealing and marking of Bids 1718. Deadline for submission of Bids 1819. Late Bids 1820. Modification and Withdrawal of Bids 1821. Opening of Bids 1822. Evaluation and Comparison of Bids 1923. Unsolicited Post tender Modification 1924. Examination of Bids 2025. Specifications 2026. Contacting the ONGC 2027. Award Criteria 2028. ONGC’s Right to Accept any Bid and to reject any or all Bids 2029. Notification of Award 2030. Mobilization Period 2131. Signing of Contract 2132. Performance Security 2133. Correspondence 2134. Representation from the Bidder 22Appendix – 1 Bidding Document Acknowledgment Proforma 23
6 | P a g eAppendix – 2 Bid Submission Proforma 24Appendix – 3 Agreement 25Appendix – 4 Proforma of Bank Guarantee towards Bid Security 27-29Appendix – 5 Check List 30-31Appendix – 6 Bidders Past Services (Similar) Proforma 30Appendix – 7 Authorization Letter for Attending Tender Opening 31Appendix - 8 Proforma Certificate on Relatives of Directors of ONGC 32Appendix – 9 Proforma for declaration & undertaking by bidder 33Appendix – 10 Proforma for Health, Safety & Environment 34Appendix –11 Proforma for EPF norms Compliance 44Appendix – 12 Proforma for payment through electronicmechanism53Appendix- 12A&B Proforma for parant company guarantee 54-56
7 | P a g eANNEXURE – IIGENERAL CONTRACT CONDITIONSS.No. Clause P. No.1. Definitions 572. Scope of Work/ Contract 613. Duration of the Contract 614. Notices and Addresses 615. Duties and Power/ Authority 626. Contract Document 647. Remuneration and Terms of Payment 668. Claims/ Taxes & Duties, fees and Accounting 669. Performance 6510. Performance Bond 6611. Security Deposit 6612. Forfeiture of SD/ Bank Guarantee 6613. Time Period of the Contract 6714. Period of Liability 6715. Discipline 6716. Safety and Labour Laws 6717. Secrecy 6718. Statutory Requirement 7219. Insurance 7220. Indemnity Agreement 7821. Termination 7922. Severability 7923. Consequential Damages 7924. Liquidated Damages (LD) 8125. Change in Laws 8226. Liability of the Government of India 8327. Force Majeure 8428. Employment by Firms to Officials of ONGC 8429. Preference to Local Companies 8430. Jurisdiction and Applicable Law 8431. Arbitration 8532. Labour Laws Arbitration & other Legal matters 8033. Observance of Labour Laws 8634. Payment of Wages to Labours 8735. Govt. Directives on Employment of Labour 9136. Continuance of the Contract 9137. Interpretation 9138. Entire Agreement 91
8 | P a g e39. Site Pollution Responsibility 9240. General Obligations 9241. Safety & Security Code for ONGC 9642. Issue/ Return of Photo Gate Passes 9843.Appendix – 1 Proforma of Bank Guarantee towards PerformanceSecurity108-11144. BEC & BEC Matrix 112-13745. Scope of Work 138-15446. Schedule of Rates 155-15847. Price bid format 159-164
9 | P a g eANNEXURE- IINSTRUCTIONS TO BIDDERSA. INTRODUCTION1.0 ELIGIBILITY AND EXPERIENCE OF THE BIDDER:-1.1(a) The bidder should have EPF account and must submit the copy of EPF allotmentletter as a proof of having EPF account and latest remittance made to the office ofregional Provident Fund Commissioner. In case the bidder is not having EPF Codenumber at the time of submission of Bid, an undertaking should be furnished by theBidder that he will obtain a EPF Code number from the Regional Provident FundCommissioner and submit the notarized copy of EPF allotment letter issued in thefirm’s name by Regional Provident Fund Commissioner and latest Challan formonthly remittances of EPF contributions of contract employees engaged by him toRegional Provident Fund authorities along with first Invoice submitted for paymentagainst 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 ofexchanger in any Hydrocarbon industries/ Petrochemical / /Refineries /FertilizersPlant/Power Plant/Industrial Unit/Public or Private Sector Organization Unit duringlast 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 amountequal to Rs.29,32,504/- (Rupees Twenty Nine Lac Thirty Two ThousandFive Hundred Four Only) Two similar completed works each costing not less than the amount equalto Rs. 36,65,630/- (Rupees Thirty Six Lac Sixty Five Thousand Six HundredThirty 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 ofsimilar nature in the past and details of current work in hand and other contractualcommitments, indicating areas and clients are to be submitted along with thetechno-commercial bid.2.0 TENDER FEE2.1 The offer will not be considered without tender fee. The Government Departmentsare exempted from payment of tender fee.
10 | P a g e2.2 Refund of tender feeIn the event a particular tender is cancelled, the tender fee will be refunded to theconcerned Bidder.3.0 TRANSFER OF BIDDING DOCUMENTThe Bidding document is not transferable.4.0 COST OF BIDDINGThe Bidder shall bear all costs associated with the preparation and submission of itsbid, and the ONGC will in no case be responsible or liable for those costs, regardlessof the conduct or outcome of the bidding process.B. THE BIDDING DOCUMENT5.0 CONTENT OF BIDDING DOCUMENTS5.1 The services required, bidding procedures and contract terms are described in thebidding document. In addition to the Invitation for Bids, the bidding documentsinclude:ANNEXURE- I: = Instructions to Bidders with following AppendicesAppendix 1 = Bidding Document Acknowledgement ProformaAppendix 2 = Bid submission ProformaAppendix 3 = Bid submission Agreement Proforma.Appendix 4 = Bid Bond Bank Guarantee ProformaAppendix 5 = ChecklistAppendix 6 = Proforma for Bidders past services (similar)Appendix 7 = Proforma of Authorization Letter for attending TenderOpeningAppendix 8 = Proforma of Certificate on Relatives of DirectorsAppendix 9 = Proforma of Declaration & undertaking by BiddersAppendix 10 = Health, Safety & Environment (Hse) Management DuringContractsAppendix 11Appendix 11A= Compliance by the contractor of EPFnorms/regulations as per statutory requirement.Format For Regret Letter To Be Submitted On TheLetter Head Of The BidderAppendix 12Appendix 12A&B= Proforma for payment by electronic paymentmechanismProforma for agreement between bidder and parentcompany and for parent company guaranteeANNEXURE- II = General Conditions of Contract (GCC) with followingappendices.
11 | P a g eAppendix 1 = Proforma of Performance Bond Bank Guarantee.ANNEXURE- III = Bid Evaluation Criteria & BEC Matrix.ANNEXURE-IVANNEXURE –V= Scope of work, Technical SpecificationsSchedule of Rates5.2 The bidders are expected to examine all instructions, forms, terms and specificationsin the bidding documents. Failure to furnish all information required by the biddingdocuments will be at the bidder’s risk. Tenders not complying with tender conditionsand not conforming to tender specifications will result in the rejection of its bidwithout seeking any clarifications. Also, bidders are expected to visit the site forassessment of quantum of jobs before submission of their offers preferably on theday of Pre-bid conference.6.0 AMENDMENT TO BIDDING DOCUMENTS6.1 No change in specifications and tender conditions will be permissible after bidopening.6.2 At any time prior to the deadline for submission of bids, the ONGC may, for anyreason, whether at its own initiative or in response to6.3 All prospective Bidders who have received the bidding documents will be notified ofthe amendments in writing.6.4 In order to allow prospective Bidders reasonable time in which to take theamendments in to account in preparing their bids, the ONGC may, at its discretion,extend the deadline for the submission of bids.C. PREPARATION OF BIDS7.0 LANGUAGE AND SIGNING OF BID7.1 The bid prepared by the bidder and all correspondence and documents relating tothe 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 inanother language provided they are accompanied by an accurate translation of therelevant 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 ofAnnexure-I. The prescribed Proforma at Appendices of Annexure I, duly filled in andsigned should be returned intact whether quoting for any item or not. When itemsare not being tendered for, the corresponding space should be defaced by somesuch words as "Not Quoting".
12 | P a g e7.3 In the event of the space on the bid Proforma being insufficient for the requiredpurpose, additional pages may be added. Each such additional page must benumbered consecutively, showing the tender number and should be duly signed. Insuch cases reference to the additional page(s) must be made in the bid. Bidders arerequested to note that they have to number all the pages serially of their offerswithout fail.7.4 The bid Proforma referred to above, if not returned or if returned but not duly filledin 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 broughtout in the check list & BEC Matrix are complied with in their bid failing which theoffer is liable to be rejected.7.6 The bids can only be submitted in the name of the Bidder in whose name the biddocuments were issued by ONGC. The bid papers, duly filled in and complete in allrespects 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 postaland telegraphic/telex /fax addresses and also similar information in respect of theirauthorized agents in India, if any.7.8 The Bidder shall sign its bid with the exact name of the firm to whom the contract isto be issued. The bid shall be duly signed and sealed by an executive officer of theBidders organization. Each bid shall be signed by a duly authorized officer and in thecase of a Corporation the same shall be sealed with the corporation seal orotherwise appropriately executed under seal.7.9 The bidder shall clearly indicate their legal constitution and the person signing thebid 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 ofadequate proof of the ability of the signatory to bind the bidder, shall be annexed tothe bid. ONGC may reject outright any bid not supported by adequate proof of thesignatorys authority.7.11 The Bidder, in each tender, will have to give a certificate in its offer, that the termsand conditions (Annexure I and II), as laid down in this bidding document areacceptable to it in toto.Any interlineations, erasures or overwriting shall be valid only if they are initialed bythe person or persons signing the bid.
13 | P a g e7.12 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 OFFERS8.1 ONGC has to finalize its purchase within a limited time schedule. Therefore, ONGCwill not seek any clarifications in respect of incomplete offers.8.2 Prospective bidders are advised to ensure that their bids are complete in all respectsand conform to ONGCs terms, conditions and bid evaluation criteria of the tender.Bids not complying with ONGCs requirement will be rejected out rightly withoutseeking any clarification.9.0 DOCUMENTS COMPRISING THE BID9.1 The bid prepared by the Bidder shall comprise the following components, dulycompleted:a) Price schedule.b) Documentary evidence establishing that the Bidder is eligible to bid and is qualifiedto perform the contract if its bid is accepted. The documentary evidence of theBidders qualifications to perform the Contract, if its bid is accepted, shall establishto the ONGCs 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 tothe requirements of bidding documents.d) The Un-priced bid Proforma i.e. Schedule of Rate format provided in the tenderdocument is also to be enclosed along with technical bid but leaving the pricecolumns blank or unwritten. Bidder are advised not to add any terms & conditions /deviations in their price bid and if found any deviations / terms & conditions afteropening of price bid of the firm, the offer submitted by the firm will be rejected outrightly.e) The documentary evidence of conformity of the services to the bidding documentsmay be in the form of literature, drawings and data and shall consist of:1) A detailed description of essential technical and performance characteristics ofthe services.
14 | P a g e2) An item-by-item commentary on the ONGC’s technical specificationsdemonstrating conformity to the provisions of the technical specifications of thebidding document.f) BID SECURITY/ BID BOND:-g) The bidders will have to furnish EMD for Rs 1,46,650/- (Rupees One Lac Forty SixThousand Six Hundred Fifty Only) in the form of crossed demand draft to bedrawn in favour of Dy General Manager (F&A), ONGC, Uran Plant, Uran, issued fromany 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 thedate 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. TheEMD submitted by the bidders shall be refunded after the finalization of the contractin the form of Cheque against Demand Draft submission and in case of bankguarantee, same will be released & interest on it shall not be payable. Any change incontents / paragraph of the Bid Bond format as provided in the tender document willbe sole reason for rejection of offer out rightly.PRICE SCHEDULE9.2 The Bidder shall complete the appropriate price schedule furnished in the biddingdocument, indicating the services to be provided as per the work scope andschedule of rates thereof.9.3 Price Bid9.3.1 The bidders shall indicate on the appropriate price schedule the net unit prices(wherever applicable) Schedule of Rates format should be read with all otherSections of this bid package. No bid will be accepted on any forms other than theone provided by the ONGC in its tender and such offer submitted by the bidder willbe out rightly rejected.9.3.2 Prices quoted by the bidder shall be firm during the bidder’s performance of thecontract and not subject to variation on any account.9.3.3 Discount:Bidders are advised not to indicate any separate discount. Discount, if any, shouldbe merged with the quoted prices. Discount of any type, indicated separately, willnot be taken into account for evaluation purpose. However, in the event of such an
15 | P a g eoffer, without considering discount, is found to be lowest, ONGC shall avail suchdiscount at the time of award of contract.9.4 CONCESSIONS PERMISSIBLE UNDER STATUTESBidder, while quoting against this tender, must take cognizance of all concessionspermissible under the statutes including the BENEFIT UNDER CENTRAL SALE TAXACT, 1956, failing which it will have to bear extra cost where Bidder does not availconfessional rates of levies like customs duty, excise duty, sales tax, etc. ONGC willnot take responsibility towards this.10.0 INCOME TAX LIABILITYThe bidder will have to bear all Income Tax liability both corporate and personal tax.11.0 BID CURRENCIESBidders should quote firm prices in Indian rupee only. Prices quoted in any othercurrency shall not be considered.12.0 PAYMENT CLAUSENo advance payment and mobilization / demobilization charges at any stage and atany time will be made to the contractor.100% payment for the quoted item shall be made within 21 calendar days aftersatisfactorily completion of exchanger job duly inspected & certified by userrepresentative/EIC as per scope of work. if the Performance Bank Guarantee forSecurity Deposit is submitted as per BEC Clause B.2.9 And raised the invoice as perClause No 7.3 of Annexure II of Tender documentThe 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 surrenderof all photo gate passes issued to the contractor. The proof of surrender of photogate passes has to be obtained from issuing authority, and to be submitted toEngineer-In-Charge before getting cleared the final bill.12.3 Receipts for payment made on account of a work, when executed by a firm onpartnership must also be signed by the serving partners, except where thecontractors are described in their tenders as a firm in which case the receipts must
16 | P a g ebe signed in the name of the firm by one of the partners, or by some person havingauthority to give effectual receipt for the same.12.4 Payment may be made to the contractor through ECS /STEP. Hence Contractor hasto 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 EXPRESSIONS13.1 Bids qualified by vague and indefinite expressions such, as "Subject to availability"etc. will not be considered.14.0 PERIOD OF VALIDITY OF BIDS14.1 The Bid shall be valid for acceptance for the period of 90 Days from the date ofopening of tender as indicated in the "INVITATION FOR BID/ BEC" (hereinafterreferred to as validity period) and shall not be withdrawn on or after theopening of bids till the expiration of the validity period or any extension agreedthereof.14.2 In exceptional circumstances, prior to expiry of the original bid validity period, theONGC 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 undertakenot to vary / modify the bid during the validity period or any extension agreedthereof. Bidder agreeing to the request for extension of validity of offer shall berequired to extend the validity of Bid Security correspondingly.15.0 BID SECURITY15.1 The Bid Security is required to protect the ONGC against the risk of Biddersconduct, which would warrant the security’s forfeiture in pursuance to clause 16.715.2 Government Departments and Public Sector Undertakings are exempted frompayment of Bid Security.15.3 The Bidders not covered under Para 16.2 above must enclose with their offer (incase of two bid systems, with techno-commercial bid) bid security. The amountfor bid security has been indicated in the "Invitation for Bid".15.4 The Bid Security shall be acceptable in any of the following forms:
17 | P a g ei) Bank Draft in favour of ONGC valid for 180 days from its date of opening oftechnical 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 guaranteeby domestic bidders will have to be given from the Nationalized / Scheduledbanks, on non-judicial stamp paper as per stamp duty applicable at theplace from where the bid has emanated. The non-judicial stamp papershould be in the name of the issuing bank.15.5 ONGC shall not be liable to pay any bank charges, commission or interest on theamount 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 dulyagreed by the Bidder.(b) If Bid is varied or modified in a manner not acceptable to ONGC during thevalidity 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 furnishSecurity 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 SecurityDeposit/Performance Bond (Performance Security).15.9 OFFERS WITH FAX BID BONDSNormally offers received along with Fax Bid Bond shall not be considered.However, ONGC reserves the right to consider the offer, provided it is followed byconfirmatory original Bid Bond executed in prescribed Proforma and legallyoperative on or before the date fixed for opening of bids (techno-commercial bidopening date in case of TWO BID SYSTEM) and received by tender invitingauthority within 15 days of opening date of bids (techno-commercial bid openingdate in case of Two Bid System),If Bidder fails to submit original Bid Bond with the same content as in Fax BidBond and in accordance with bidding document, irrespective of theirstatus/ranking in tender, the bid will be rejected and ONGC may consider to debarthe Bidder from participating against its future tenders.
18 | P a g e15.10 TELEX/TELEGRAPHIC/TELEFAX/XEROX/PHOTOCOPY BIDS:15.11 Telex/Telegraphic/Tele-fax/ Xerox/ Photocopy bids will not be considered.D. SUBMISSION AND OPENING OF BIDS16.0 SEALING AND MARKING OF BIDS.16.1 The original copy of the Bid is to be submitted in a double cover. The inner covershould be sealed and superscribed as "Tender Number: - UP14C13001 and due foropening on 06.05.2013 AT 1700 Hrs.” The outer cover should duly bear the tendernumber and date of closing/ opening prominently underlined, along with theaddress of ONGC’s office, as indicated in Invitation for Bids. The tenders are to besubmitted 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 enablethe 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, isreserved. 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. Thefirst inner sealed cover will contain Techno-Commercial bids having all details butwith price column blanked out. However a tick mark (√) shall be provided againsteach item of the price bid format to indicate that there is a quote against this itemin the Priced Commercial bid. This cover will clearly be superscribed with "Techno-Commercial bid" along with tender number and item description. The secondsealed inner cover will contain only the price schedule duly filled in and signed andwill be clearly super scribed with “PRICE BID" along with tender number. Thesetwo covers shall be put into outer cover and sealed. The outer cover should dulybear 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 concernedbidders 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 postaltransit.17.0 DEAD LINE FOR SUBMISSION OF BIDS
19 | P a g e17.1 The Bid must be received by the ONGC at the address specified in Invitation for Bidsnot later than 1500 Hrs (IST) on the notified date of closing of the tender. Offerssent by hand delivery should be put in the Tender Box at the specified office notlater than 1500 Hrs. (IST) on the specified date. All out-station tenders, if sent bypost, should be sent under registered cover.18.0 LATE BIDS18.1 Bidders are advised in their own interest to ensure that bid reaches the specifiedoffice 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 returnedunopened.19.0 MODIFICATION AND WITHDRAWAL OF BIDS19.1 No bid may be modified after the dead line for submission of bids.20.0 OPENING OF BIDS20.1 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 bepresent at the time of opening of bid on the specified date, but a letter in the formannexed at Appendix- 7 of Annexure I hereto must be forwarded to this officealong with bid and a copy of this letter must be produced in the office by theperson attending the opening of bid. Unless this letter is presented by him, he maynot be allowed to attend the opening of bid.20.2 In case of unscheduled holiday on the closing/opening day of bid, the next workingday will be treated as scheduled prescribed day of closing/opening of bid; the timenotified remaining the same.E. EVALUATION OF BIDS21.0 EVALUATION AND COMPARISON OF BIDS21.1 Evaluation and comparison of bids will be done as per provisions of Bid EvaluationCriteria & BEC Matrix at Annexure-IV.22.0 UNSOLICITED POST TENDER MODIFICATIONS:22.1 Unsolicited post-tender modifications will lead to straight away rejection of theoffer.
20 | P a g e23.0 EXAMINATION OF BID23.1 The ONGC will examine the bids to determine whether they are complete, whetherany computational errors have been made, whether required sureties have beenfurnished, whether the documents have been properly signed and whether the bidsare 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 Criteriaof 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 arenot complied with strictly or the services offered do not conform to the requiredspecifications indicated therein. The lowest Bid will be determined from amongthose Bids, which are in full conformity with the required specifications.25.0 CONTACTING THE ONGCNo bidder shall contact the ONGC on any matter relating to its bid, from the time ofthe opening to the time the contract is awarded.AWARD OF CONTRACT26.0 AWARD CRITERIA.The Corporation will award the contract to the successful bidder whose bid has beendetermined to be in full conformity to the bid documents and has been determinedas 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 biddingprocess and reject all bids at any time prior to award of contract, without therebyincurring any liability to the affected Bidder or Bidders or any obligation to informthe affected Bidder or Bidders of the ground for ONGC’s action. The ONGC alsoreserves to itself the right to accept any bid in part or split the order between twoor more bidders.28.0 NOTIFICATION OF AWARD (NOA)28.1 Prior to the expiration of the period of bid validity, the ONGC will notify thesuccessful bidder in writing that its bid has been accepted.
21 | P a g e28.2 The notification of award will constitute the formation of the contract.28.3 Upon the successful bidder’s furnishing performance security, pursuant to ClauseNo. 15.8, the ONGC will promptly notify each unsuccessful bidder and dischargetheir bid securities.29.0 MOBILISATION PERIODSuccessful bidder has to mobilize & lift the exchanger within 15 days from the dateof placement of LOA.30.0 SIGNING OF CONTRACT30.1 The successful bidder is required to sign a formal detailed contract with ONGCwithin a maximum period of 30 days of date of Fax order / LOI / NOA. Until thecontract is signed, the Fax order/ LOI / NOA shall remain binding amongst the twoparties. In case of delay in signing the contract on the part of ONGC, contractor shallbe paid 80% of the applicable rates falling due as per the contractual obligations onadhoc basis, till formal signing of the contact, after which the balance of duepayments shall be released / adjusted against regular bills. However no paymentwill be made and mobilization will not be deemed completed, when the delay is onthe part of the contractor to sign the contract, as per draft contract at Annexure-II ofthe tender.31.0 PERFORMANCE SECURITY31.1 Within 15 (fifteen) days of the receipt of notification of award from the ONGC, thesuccessful Bidder shall furnish the Performance Security in accordance with theconditions of the contract, in the Performance Security Form provided at Appendix1 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 ofthe bid security, in which event the ONGC may make the award to the next lowestevaluated 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 thePurchase Authority from where this tender has emanated.
22 | P a g e32.3 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 besent directly to Dy General Manager(p), 116, Dronagiri Bhavan, Uran Plant, Uran -400702, Dist. Raigad, Maharashtra.
23 | P a g eANNEXURE – I APPENDIX - 1BIDDING DOCUMENT ACKNOWLEDGEMENT PROFORMADated:.................................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 FiveAnnexure (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/UP14C13001We have noted that the closing date for receipt of the tender by ONGC is 06.05.2013 at1400 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 keptconfidential within our organization and text of the said documents shall remain theproperty of ONGC and that the said documents are to be used only for the purposeintended 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)
24 | P a g eNote: This form should be returned along with offer duly signed.ANNEXURE – IBid Submission ProformaAPPENDIX - 2Tender No............................ Contractors 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 StateDear Sirs,1. I/We hereby offer to supply the services detailed in schedule hereto or such portionthereof as you specify in the Acceptance of Tender at the price given in the saidschedule and agree to hold this offer open till 05.08.20132. 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 andConditions" at Annexure II for providing services and have thoroughly examined andcomplied with the specifications, drawings, Special Conditions of Contract and/orpattern stipulated at Annexure III hereto and am/are fully aware of the nature of theservice required and my/our offer is to provide services strictly in accordance with therequirements.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 Tenderhas been duly signed and returned herewith.Yours faithfully,Signature of BidderAddressDatedSignature of witnessAddress
25 | P a g eNote: This form should be returned along with offer duly signed.
26 | P a g eANNEXURE – IAPPENDIX - 3AGREEMENTNo. DatedDGM(P)-I/C CONTRACT CELL,Oil & Natural Gas Corporation Ltd.Mumbai Region, Uran Plant, Uran-400702.Dist: Raigad, Maharashtra StateSUB: BIDDING DOCUMENT.Ref: TENDER No. MR /URAN/28/C/CC/ 59P/2012-13/UP14C13001ONGC and the Bidder agree that the Notice Inviting Tenders (NIT) is an offer made on thecondition that the Bid would be kept open in its original form without variation ormodification for a period of 90 days AND THE MAKING OF THE BID SHALL BE REGARDED ASAN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT. Theyfurther agree that the contract consisting of the above conditions of NIT as the offer andthe submission of Bid as the Acceptance shall be separate and distinct from the contractwhich will come into existence when bid is finally accepted by ONGC. The considerationfor this separate initial contract preceding the main contract is that ONGC is not agreeableto sell the NIT to the Bidder and to consider the bid to be made except on the conditionthat the bid shall be kept open for 90 (Ninty) days after the last date fixed for the receiptof the bids and the Bidder desires to make a bid on this condition and after entering intothis separate initial contract with ONGC. ONGC promises to consider the bid on thiscondition and the Bidder agrees to keep the bid open for the required period. Thesereciprocal promises form the consideration for this separate initial contract between theparties.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 thisbehalf.Yours faithfully yours faithfully(BIDDER) (Tender Issuing Authority ONGC)(One copy of this agreement duly signed must be returned along with offer.)
27 | P a g eANNEXURE – IAPPENDIX - 4PROFORMA OF BANK GUARANTEE TOWARDS BID SECURITY BID BONDRef. No.................... Bank Guarantee No………..........Dated ..………………...To,DGM(P)-I/C CONTRACT CELLOil & Natural Gas Corporation Ltd.Mumbai Region, Uran Plant, Uran-400702.Dist.-Raigad, Maharashtra StateDear 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 (hereinaftercalled `ONGC which expression shall unless repugnant to the context or meaningthereof include all its successors, administrators, executors and assignees) hasfloated a Tender No. ________________ and M/s ____________________________having Head/Registered office at _______________________________ (hereinaftercalled the Bidder which expression shall unless repugnant to the context ormeaning thereof mean and include all its successors, administrators, executors andpermitted assignees)have submitted a bid Reference No........................and Bidder having agreed to furnish as a condition precedent for participation inthe said tender an unconditional and irrevocable Bank Guarantee of Indian Rupees (infigures)___________________ (Indian Rupees (in words)_________________ only) forthe due performance of Bidders obligations as contained in the terms of the NoticeInviting Tender (NIT) and other terms and conditions contained in the Biddingdocuments supplied by ONGC which amount is liable to be forfeited on thehappening of any contingencies mentioned in said documents.2) We (name of the bank)_________________ registered under the lawsof_____________ having head/registered office at _________ (hereinafter referredto as "the Bank" which expression shall, unless repugnant to the context or meaningthereof, include all its successors, administrators, executors and permittedassignees) 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 ONGChaving to substantiate the demand. Any such demand made by ONGC shall beconclusive and binding on the Bank irrespective of any dispute or difference raised bythe Bidder.
28 | P a g e3) The Bank confirms that this guarantee has been issued with observance of appropriatelaws of the country of issue.4) The Bank also agree that this guarantee shall be irrevocable and governed andconstrued in accordance with Indian Laws and subject to exclusive jurisdiction ofIndian 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 inrespect thereof should reach the Bank not later than the aforesaid date.6) Notwithstanding anything contained hereinabove, our liability under this Guarantee islimited to Indian Rs. (in figures) _________________ (in words) ________________only) and our guarantee shall remain in force until (indicate the date of expiry ofbank guarantee) _________.We must receive any claim under this Guarantee before the expiry of this BankGuarantee. If no such claim has been received by us by the said date, the rights of ONGCunder this Guarantee will cease. However, if such a claim has been received by us by thesaid date, all the rights of ONGC under this Guarantee shall be valid and shall not cease untilwe 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 (inlegible letters)Full name, designation and official address(in legible letters) with Bank stamp.WITNESS NO. 2(Signature) (Signature)Full name and official address (inlegible letters)Attorney as per Power of AttorneyNo........….…….. Dated …………Note:(i) This Bank Guarantee/all further communications relating to the Bank Guaranteeshould 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
29 | P a g eINSTRUCTIONS FOR FURNISHING BANK GUARANTEETOWARDS BID SECURITY1. The Bank Guarantee by Indian Bidders will be given on non- judicial stamp paper as perstamp duty applicable at the place where the tender has emanated. The non-judicialstamp 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 havebeen mentioned only for illustration. Therefore, in case where Bank Guarantee is beinggiven in a currency other than Rupees, these terms may be deleted and replaced byrelevant currency.4. The expiry date as mentioned in Clause 5 & 6 should be arrived at by adding 30 days tothe date of expiry of the bid validity unless otherwise specified in the biddingdocuments.5. The Bank Guarantee by Indian bidders will be given from Nationalized/Scheduled Banksonly. The Foreign bidders will give Bank Guarantees from an Indian Bank situated in theircity. In case no Indian Bank is situated in bidder’s city then Bank Guarantee from foreignBank acceptable to ONGC (whether situated in bidders country or in India) will beconsidered. If any foreign bidder desires to furnish guarantee from a bank other thanany Indian Bank, such bidder should furnish collateral security/guarantee/confirmationfrom any foreign banks operating in India or the state Bank of India.
30 | P a g eANNEXURE – I APPENDIX - 5CHECK LISTThe bidders are advised in their own interest to ensure that the following points/aspects inparticular have been complied with in their offer failing which the offer is liable to berejected.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 ofit.6. The checklist duly filled in must be returned along with the offer.COMMERCIAL1.1 Whether requisite tender fee has been paid?Yes No Not Applicable1.2 If so, furnish the following: -By IPO/Bank Draft/ Cashiers ChequeName of the Bank/post officeValueNumber of IPO/Bank Draft/Cashiers Cheque/Banker’s ChequeDate of issue of IPO/Bank Draft/Cashiers Cheque/ Banker’s Cheque1.3 Whether Bank Draft/ Bank Guarantee/ Banker’s Cheque/ cashier’s Cheque/ proof ofopening of Letter of Credit for the requisite earnest money has been enclosed withthe offer?Yes No Not Applicable1.4 If so furnish the following: -
31 | P a g ei. Name of the Bankii. Valueiii. Numberiv. Date of issuev. 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 openingof tender).1.5 Has the bidders past experience Proforma (Appendix-6) been carefully filled andenclosed with the offer?Yes No1.6 Whether firm prices have been quoted?Yes No1.7 Whether rates have been quoted exactly as per the price bid format?Yes No Not Applicable1.8 If the Bidder is seeking business with ONGC for the first time, has he given the detailsof the parties to whom the offered items/services have been provided in past alongwith their performance report?Yes No1.9 Whether Appendices 2 & 3 of Annexure-1 of the bidding document in original, dulyfilled in and a confirmation that clauses of Annexure I and II are complied / accepted,enclosed with the offer?Yes No1.10 Whether all the clauses of the bidding document are accepted?Yes No1.11 Whether details of your registration under Sale Tax/ Central Sales Tax/ WorksContract Tax/ Service Tax have been indicated in the offer?
32 | P a g e1.12 Whether the Bidder has quoted after taking into account various incentives andconcessions permissible under statutes?Yes No Not Applicable(Signature of the Bidder & Seal of the firm)ANNEXURE – IAPPENDIX - 6BIDDERS PAST SERVICES (SIMILAR) PROFORMASL.NO.NAME & ADDRESSOF CLIENTPERIOD DESCRIPTION OFSERVICESCOMPLETEDSUCCESSFULLYREMARKFROM TO126.96.36.199.188.8.131.52.9.10.NOTE: CERTIFICATES FROM CLIENTS TO BE ENCLOSED ALONG WITH THIS PROFORMA.Yes No Not Applicable
33 | P a g eSignature of the Bidder ___________________________Name _________________________________________Seal of the Company _____________________________ANNEXURE – I Appendix - 7AUTHORISATION LETTER FOR ATTENDING TENDER OPENINGNO. DateTo,DGM(P)-I/C CONTRACT CELL,Oil & Natural Gas Corporation Ltd.Mumbai Region, Uran Plant, Uran-400702.Dist.-Raigad, Maharashtra StateSUBJECT: TENDER NO: UP14C13001 DUE ON 06.05.2013Sir,Mr...............………………………………………………................. has been authorized to be present atthe time of opening of above tender due on................ at ....................., on my/ourbehalf.Yours faithfullySignature of Bidder
34 | P a g eCopy to:I/C, Contract Cell,Room No. 116/ 111, Dronagiri Bhavan,ONGC, Uran Plant, Uran – 400 702, Dist:Raigad- for information and for production beforethe concerned ONGC officials at the timeof opening of bids.
35 | P a g eANNEXURE – IAPPENDIX - 8PROFORMA CERTIFICATE ON RELATIVES OF DIRECTORS OF ONGCThis 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 hereunder, 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-upshare capital of our company or vice-versa.Authorized Signatory of the Contracting PartyPlace:Date:
36 | P a g eANNEXURE – I APPENDIX – 9PROFORMA OF DECLARATION & UNDERTAKING BY BIDDERTo,DGM(P)-I/C-CONTRACT CELL,Oil & Natural Gas Corporation Ltd.Mumbai Region, Uran Plant, Uran-400702.Dist.-Raigad, Maharashtra StateTENDER NO. UP14C13001Sir,1. We ______________________________________ (name of the firm) hereby declareto the effect that neither We, nor any of our allied concerns, partners or associates ordirectors or proprietors involved in any capacity, are currently serving any banning ordersissued by ONGC debarring them from carrying on business dealings with ONGC.2. We ______________________________________ (name of the firm) hereby undertakethat we will provide all the necessary certificates / documents for enabling ONGC to avail input VAT Credit and CENVAT credit benefits (wherever applicable), in respect of thepayments of VAT, Excise Duty, Service Tax etc which are payable against the contract (ifawarded) along with documentary evidence for payment of excise duty and service tax.3. We _______________________________________ (name of the firm) herebyundertake that we shall submit notarized copy of requisite category ( Maintenance & Repair) of service tax registration certificate ( as per nature / service of contract ) along with firstinvoice submitted for payment against this purchase order , if awarded the job.4. We _______________________________________ (name of the firm) herebyundertake that we shall obtain EPF registration number / certificate ( as per nature / serviceof 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 thispurchase order.Also we do hereby undertake that we shall maintain EPF details of engaged contractualmanpower as per statutory requirement as per enclosed EPF details Proforma given atAnnexure – I, Appendix-11 @ page no.- 37 & shall comply the prevailing EPFnorms/regulations/statutory guidelines laid by the central government/state government inthis regard.Yours faithfullySignature of the Bidder ……………………………………Name ……………………………………Seal of the Company ……………………………………Yours faithfully
37 | P a g eSignature of Bidder with sealANNEXURE – I APPENDIX – 10Tender No. UP14C13001HEALTH, SAFETY & ENVIRONMENT (HSE) MANAGEMENT DURING CONTRACTSObjectiveAccident free execution of all works/contractsGoals1. To provide a HSE guide to the prospective bidders/contractors, so that they aremade aware of the prevailing HSE practices at ONGC Uran Plant and expectationsfrom the contractors.2. This should guide them in appropriate costing of the project, and also help themexecute the contracts in a safe manner.Please note that – The HSE requirements of ONGC can be elaborated in the Pre Bid Conference with allthe 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 documentbetween ONGC & the contractor for common understanding.CLAUSE IINSTRUCTIONS TO BIDDERS / CONTRACTORS ON HEALTH SAFETY & ENVIROMENT (HSE)While at ONGC Uran Plant, everyone (employees of all kind including contractual, andvisitors) has to–i. Adhere to Acts, Rule and Regulations issued by Central & State Government (i.e Govtof India and Govt of Maharashtra) e.g. Petroleum Act, Factories Act, EnvironmentProtection Act, Labour Act etc.ii. Follow ONGC’s HSE policy which is issued by the Chairman & Managing DirectorONGC.
38 | P a g eiii. Follow Health, Safety & Environment practices as per national and internationalbenchmarks. 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 UranPlant 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 ensuringsafety 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 confinedspaces, working at heights, Excavation, Coldworks, Electrical lock out, Radiography Incident reporting system for reporting any undesirable incident Change Management system for carrying out any change / modification inthe plant Personal Protective Equipment to be strictly used while working Tool Box Talk before commencement of any jobThe details of above systems and other safety precautions along with written proceduresand document flow charts etc will be given at the time of Pre Bid conference / signingcontract agreement.CLAUSE IIThe contractor has to particularly ensure the following –i. Medical examination – Medical fitness of the employees for undertaking a particularkind of job should be ascertained before employment. The employees deputed atUran 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.
39 | P a g eiii. Lifting machines, chains, ropes, and lifting tackles – The use/inspection/certificationof lifting machines, chains, ropes, and lifting tackles should be as per provisions ofclause 64 of Maharashtra Factories Rules 1963. The record of inspection/certificationby competent person (approved by Directorate of Industrial Safety & Health) shouldbe maintained at site.iv. Vehicle Entry Permit – Only the vehicles having valid permit are allowed inside theplant. The contractor shall ensure that the vehicles intended for entry in the plantfulfill the requirements of Vehicle Entry Permit. This requires that the vehicle shouldbe in roadworthy condition, and must be fitted with PESO approved spark arrestor.Some of the necessary documents are driver license for the appropriate class ofvehicle, load test certificate for the cranes, fitness certificate from RTO, permissionfor carrying of hazardous chemicals, insurance, PUC, registration etc. Please notethat with such vehicle entry permit, the vehicle can move in white areas/roads of theplant. For entry in process area, separate permission from shift in-charge shall beobtained.v. Scaffolding – The material should be of industrially accepted high standard. Ensurethat the ground is firm before erecting any scaffold. Scaffolding material should beof industrially accepted high standard, normally should be made of steel/ metallicframe and tested for the load as well as stability. It should be erected by scaffoldingprofessionals. Scaffoldings should be inspected and certified for use daily. Record ofsuch inspection is to be maintained.vi. Temporary electrical connections – Requisition for temporary electrical connectionshould be made in a standard format. The wiring should be such that, there is noscope of electrocution and burning/sparking. The earthing/bonding and theinsulation should be proper and of adequate rating. Separate earth pits to be made ifrequired. The cable and the fittings should be of proper rating. Protective relaysshould be installed wherever required. The electrical fittings/panels shall be weatherproof/ flameproof depending on the place of its location. Plant’s hazardous areaclassification shall be referred for this purpose. Each feeder shall be sealed so that
40 | P a g ethere is no possibility of entry of any rodent/ lizards etc. Power distribution boardshall have adequate ingress protection. Rubber mat shall be placed on the flooraround the distribution board.vii. Barricading – If a hot job is to be carried out within the battery limits of running unitor within hazardous area; adequate barricading in form of welding booth orbarricade made from tin/asbestos sheets should be provided.viii. Simultaneous operations – Operations which are potentially hazardous must not beundertaken simultaneously. For example; blinding/de-blinding of hydrocarbonpipelines should not be done when other hot job (cutting/welding) is going on in thenear vicinity.ix. Hand tools – The hand tools used must be of standard make and fit for use. If work isto be done within the battery limits of running unit or within hazardous area; utmostcare shall be taken for prevention of spark while using the hand tools. The hammersand scrapers in such case should be of brass.x. Environment protection – The contractor while working in the plant area shallensure that their activities / operations do not contravene with the EnvironmentProtection Act 1986 and the rules therein. The contractor shall ensure that thehazardous waste generated by him is disposed of safely as per MPCB requirements.xi. Gas detection system – theTheTheThere is an existing gas (Hydrocarbon) detectionsystem in the plant. In case of longer duration works; the contractor shall install hisown hydrocarbon gas detection system with suitable number of detectors,annunciator panel and hooter within his work area. For short duration works, regularmonitoring by portable gas detectors shall be done. Also, in case of any gas/firealarm or siren from the plant or contractor’s work area, all hot jobs must be stoppedimmediately.xii. Excavation/Trenching/ Road cutting – As a part of excavation permit; it is requiredto obtain clearance from electrical, instrumentation & infocom departments. Careshall be taken for avoiding caving in of the dug up trench. This may require providingadditional supports or temporary supporting structure on the inside walls or proper
41 | P a g eangle to the side walls. Adequate bank slope shall be made as per soil type. Theexcavated soil, stock pile or heavy equipment should be kept at least one meteraway from the trench. Safe means of getting in and out of the trench should bemade near to work area. Barricade shall be provided surrounding the excavationarea.In case any job requires ‘road cutting’, special permission shall be obtained as perpermit to work system before start of the work.xiii. Confined space entry/Vessel Entry – No person shall enter the vessel / confinedspace without a valid vessel entry permit. The permit requires testing of air samplein 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 confinedspace/vessel for a longer duration. Record must be maintained for personnel entryand exit from the confined space/vessel. The work in confined spaces should bedone as per Buddy system.xiv. Radiography – Only authorized persons shall handle the radioactive materials. Thearea must be cordoned off properly.xv. Working at height – All works above two meters height must be done with a validHot Work Permit. Persons must work with full body harness safety belt and harnessmust be secured properly. It also should be ensured that there is no othersimultaneous work going on just below the work at height.xvi. Hot works – Any job involving naked flame or any job involving/creating spark orhigh heat are termed as Hot Works and a valid Hot Work Permit must be obtainedfor such jobs. This is required to be renewed in every shift. It has to be ensured thatthe area where such job is to be carried out, should be free from combustiblematerials.xvii. Material handling - No one is allowed to ride on blocks, hooks, and suspendedloads. Guy ropes must not be fastened to existing equipment, pipeline, tanksupports, Load must not remain supported for an unreasonable length of time by
42 | P a g eany means (Mechanical/ Hydraulic etc.). Suspended load must not be leftunattended.xviii. Gas cylinder – All gas cylinders must have a valid test certificate. The contractormust use only the certified gas cylinder within their validity period. The contractormust adhere to Explosives Act 1884/ Gas Cylinder rules 2004 while using gascylinders in the plant.xix. Machine tools – Machine tools e.g. grinders, cutter etc must be ISI certified/standardmake and safe for use.xx. Housekeeping – The contractor shall maintain proper housekeeping in their workarea in order to ensure safety and good environment. It should be ensured that thework area is left clean at end of the work. Contractor’s equipment, tools and tacklesshould not cause hindrance in the escape route.xxi. Illumination – It should be ensured that, all the works are carried out in adequatelight 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 betrained in first aid. It will be contractor’s responsibility to ensure that theiremployees are competent to the perform the job assigned to them.xxiii. Security – The contractor must employ personnel only after police verification. Thepersonnel must have valid gate pass for entry in the plant. The passes shall berenewed periodically and on completion of work. The passes shall be returned to thesecurity section without fail. It also must be ensured that, their employees leave theplant 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, earplugs/muffs, dust masks, chemical suit, welding gloves and glass etc should be
43 | P a g eprovided to his workmen before start of the work and ensure that they wear it whileworking.xxv. Emergency Response Plan – The contractor should have an Emergency ResponsePlan for the job undertaken. This should dovetail with ONGC’s Disaster ManagementPlan.xxvi. Audit/Inspection – The HSE performance of the contractor is subject toaudit/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 conditionshould be brought to the notice of Engineer in-charge. The contractor shall submit areport on HSE performance during periodic project review meeting.CLAUSE IIIGENERAL SAFETY & SECURITY NORMS WHILE WORKING IN ONGCDO’S1. Ensure an operational area entry pass (pink colour) before entry into operationalareas (Operational areas include CSU, GSU, LPG, CFU, C2C3, LAN/LPG/C2C3 storage,Terminal, Slug catcher, Flare area, gas compressors etc.). Those who do not possessthe valid pass should not enter the operational area.2. Before starting any job, make sure that you have obtained necessary ‘permit towork’ 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 washimmediately. Contact Occupational Health Centre (Tel No. 4555 to 4559) or bringthe affected person to the doctor immediately.5. Adequate number of certified First Aiders should be available with the contractor atsite. In case of emergency, these first aiders should respond immediately. ONGCDoctor is available at Occupational Health Center/Dispensary.6. Use only safety torch certified for use in hazardous areas.
44 | P a g e7. 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 operationalarea.10. Ensure that during arc welding, the electrode holder is effectively insulated andproperly 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 whennot in use.15. Replace or repair hand tools e.g. hammers, wrenches, screw drivers etc. if founddefective.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 vibratorand 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 orhands, as the pressure is high enough to cause injury. Explosive liquids such asNaphtha 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 beused for cleaning/bathing.
45 | P a g eDONT’S1. Do not carry lighters, matches, transistors, ordinary torches, camera or any otherelectronic/ 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 unlessexplosion 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 looseelectrical 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 operationalarea without permit.11. Do not stand on any piping/tubing. Also do not tie any rope/sling to anypiping/tubing.12. Do not operate any kind of valve, switch, push buttons etc without permission ofONGC 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 jobsand 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.
46 | P a g e22. 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 personsbelow.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 splitside 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 IVMISCONDUCTThe under mentioned acts of the employees of the Contractor, shall amount tomisconduct 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 purposeother than fire fighting without the knowledge of Fire Department.3. Smoking in ONGC premises.
47 | P a g e4. 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 thesite. Threatening another employee or visitor will not be tolerated. Non-compliance will result in disciplinary measure, which could includeimmediate expulsion.8. Pushing or crowding at elevators, entrances/ exits or on stairways or onboard of vehicles. This may endanger oneself as well as others.CLAUSE VThe contractor shall maintain following records at the worksite –1. Pre employment & Periodic Medical examination of their workmen2. Inspection / testing of tools & tackles by competent authority of Govt ofMaharashtra3. Work permits/lockouts and vehicle entry permits4. Leave with wages5. Duty roaster6. Wages and Provident Fund7. Any other document required by law
48 | P a g eANNEXURE – I Appendix – 11Compliance by the contractor of EPF norms/regulations as per statutory requirement.EPF Details to be maintained & provided by the contractorProforma – “PFD”SUB: PARTICULARS OF PF CONTRIBUTION FOR THE MONTH OF YEAR(1) Name of the Firm/ Agency/ Contractor ___________________________ Nature ofContract : 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 ofcontractlabourengagedby thecontractorCategoryNo. ofWorkersPrevailing Min.wagesUnskilled
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 LicenceFrom ___________ To _____________(12)Details of Deposition of contribution towardsEPF(a) EPF Challan No. ___________ Amount____________ Date ___________(13)Details of Deposition of contribution towards ESI(a) ESI Challan No. _______________Amount _________________ Date _________SemiskilledSkilledHighlyskilledTotalCERTIFIED THATI 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 isfree to inform the PF/ESIC Authorities.
50 | P a g eWithin one month on completion/expiry of the contract, I shall fill up the prescribed Formsfor withdrawal or transfer of PF/Pension Account in favour of my contractual workmenunder control and intimate to Principal Employer.Before the completion of contract, I shall serve one month notice to all my contractualworkers, informing that their services will be terminated.Within one month on completion/expiry of the contract, I shall pay all the dues/ terminaldues such as leave with wages, bonus (if applicable), Gratuity (if applicable), to all mycontractual workmen, failing which my Bank Guarantee/ Security Deposit may be withheldby ONGC.Date:Place:Signature & Seal of the Contractor
51 | P a g eANNEXURE – I APPENDIX – 11AFORMAT 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 LtdMumbai Region, Uran Plant, Uran-400702Dist.-Raigad, Maharashtra StateSub: Regret LetterRef: Tender No UP14C13001Dear Sir,With reference to subject tender, we are unable to quote due to the reason mentionedbelow (√ marked). We are returning the total tender document to you.1) The item/service does not fall in our product/servicing range2) We do not meet BEC (Bid Evaluation Criteria) as specified in tender3) We cannot meet the technical specifications as specified in tender4) There is an order overbooking5) Any other reason (please specify)6) We need some more time for submission of offer and hence request for extension ofbid submission dateYours faithfully,(Seal & Signature of the Bidder)
52 | P a g eANNEXURE – I APPENDIX - 12PARTICULARS OF VENDOR REQUIRED FOR PURPOSE OF MAKING PAYMENT THROUGHELECTRONIC 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 : _______________________________________
53 | P a g eAuthorized Signatory with Name & seal of BidderANNEXURE – I APPENDIX – 12AFORMAT OF AGREEMENT BETWEEN BIDDER AND THEIR PARENT COMPANY (TO BE MADEON STAMP PAPER OF REQUISITE VALUE AND NOTORISED)This agreement made this day of month year by and between M/s.____________________(Bidders particular) ___________ hereinafter referred to as bidderof the first part and M/s. (Parent Companys 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 againstthe said tender and desires to have a financial and technical support of M/s._______________(Parent Company) and whereas Parent Company represents that theyhave gone through and understood the requirements of subject tender and are capable andcommitted to provide the services as required by the bidder for successful execution of thecontract, 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 workasenvisaged in the tender document as a main bidder and liaise with ONGC directly forany 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 andproject management to support the bidder to discharge its obligations as per the Scopeof work of the tender / Contract for which offer has been made by the Parent Companyand accepted by the bidder.However, as a minimum, following services will benecessarily covered by the Parent Company:3. This agreement will remain valid till validity of bidders offer to ONGC includingextension if any and till satisfactory performance of the contract in the event thecontract is awarded by ONGC to the bidder4. It is further agreed that for the performance of work during contract period bidderand Parent Company shall be jointly and severely responsible to ONGC for satisfactoryexecution of the contract.5. However, the bidder shall have the overall responsibility of satisfactory execution ofthe contract awarded by ONGC.In witness whereof the parties hereto have executed this agreement on the datementioned above.For and on behalf of For and on behalf of(Bidder) (Parent Company)Witness:
54 | P a g e1) 1)2) 2)ANNEXURE – I APPENDIX – 12BPARENT COMPANY GUARANTEEDEED OF GUARANTEETHIS DEED OF GUARANTEE executed at ........................ this .......... day of ............. byM/s................................... (mention complete name) a company duly organized and existingunder the laws of...........................(insert jurisdiction/country), having its Registered Officeat......................................................hereinafter called "the Guarantor" which expression shall,unless executed by or repugnant to the subject or context thereof, be deemed to includeits successors and permitted assigns.WHEREASM/s Oil & Natural Gas Corporation Limited, a company duly registered under theCompanies Act 1956, having its Registered Office at 8thfloor, 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 expressionshallexcluded by o r repugnant to t he context t hereof, bed eemed to i nclude i ts successorAnd assigns, invited tender number ..................for ..........on ..................M/s ............................ (mention complete name), a company duly organized and existingunder the laws of ..................... (insert jurisdiction/country), having its Registered Office at.............................. (give complete address) hereinafter called "the Company"whichexpression shall, unless excluded by or repugnant to the subject or context thereof, bedeemed to include its successor and permitted assigns, *a wholly owned subsidiary of theGuarantor, have, in response to the above mentioned tender invited by the Corporation,submitted their bid number .............................. to the Corporation with one of thecondition that the Company shall arrange a guarantee from its parent companyguaranteeing due and satisfactory performance of the work covered under the said tender including any change. therein as may be deemed appropriate by the Corporation at anystage. The Guarantor represents that they have gone through and understood therequirement of the above said tender and are capable of and committed to providetechnical, financial and such other supports as may be required by the Company forsuccessful execution of the same.
55 | P a g eThe Company and the Guarantor have entered into an agreement dated as per which theGuarantor shall be providing technical, financial and such other supports as may benecessary for performance of the work relating to the said tender.Accordingly, at the request of the Company and in consideration of and as a requirementfor the Corporation to enter into agreement(s) with the Company, the Guarantor herebyagrees 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 withoutany demur or objection, in continuation and without loss of time and without any cost tothe Corporation and duly perform the obligations of the Company to the satisfaction of theCorporation. In case the Guarantor also fails to discharge its *strike out, if not applicableobligations herein and complete the job satisfactorily, the Corporation shall have absoluterights for effecting the execution of the job from any other person at the risks and costs ofthe Guarantor. The Guarantor also undertakes to make good and loss that may be causedto the Corporation for non-performance or unsatisfactory performance by the Guarantoror the Company of any of their obligations.2. The G uarantor agrees that the Guarantee herein contained shall remain valid andenforceable till the satisfactory execution and completion of the work (includingdischarge of the warranty obligations) awarded to the Company.3. The Guarantor shall be jointly with the Company as also severally responsible forsatisfactory performance of the contract entered between the Company and theCorporation.4. The liability of the Guarantor, under this Guarantee, is limited to the value of thecontract entered between the Company and the Corporation i.e. up to .................Thiswill, however, be in addition to the forfeiture of the Performance Guaranteefurnished by the Company.5. The Guarantor represents that this Guarantee has been issued after due observanceof the appropriate laws in force in India. The Guarantor hereby undertakes that theGuarantor shall obtain and maintain in full force and effect all the governmental andother approvals and consents that are necessary and do all other acts and thingsnecessary or desirable in connection therewith or for the due performance of theGuarantors obligations hereunder.6. The Guarantor also agrees that this Guarantee shall be governed and construed in
56 | P a g eaccordance with the laws in force in India and subject to the exclusive jurisdiction ofthe courts of.............. , India.7. The Guarantor hereby declares and represents that this Guarantee has been givenwithout any undue influence or coercion from any person and that the Guarantorhas 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 andthe performance a nd o bservations o f t he o bligations hereunder d o notcontravene a ny existing law or any judgement.For & on behalf of (Parent Company)Witness :1.2.
57 | P a g eANNEXURE - IICONTRACT 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 andbetween OIL & NATURAL GAS CORPORATION LIMITED, a CORPORATION registered underthe 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, executorsand assignees) on the one part and M/s ……………., a company registered under thecompanies Act with its Registered office at ……… referred to as the “CONTRACTOR” (whichexpression shall include its successors, administrators, executors and permitted assignees)on the other part.Whereas CORPORATION is desirous of …………… (Description of services) for carrying outCorporation’s operations conforming to specifications as set forth in the Scope of Work atAnnexure-III of this agreement.And Whereas the CONTRACTOR represents that it has the necessary experience for carryingout CORPORATIONs operations as referred to herein and has submitted a bid for providing
58 | P a g ethe required services against CORPORATION’s Tender No………. all in accordance with theterms and conditions set forth herein and any other reasonable requirements of theCORPORATION from time to time.And Whereas CORPORATIONs has accepted the bid of the CONTRACTOR and has placed Faxorder / Letter of Intent /Notification Of Award vide its letter ……….. dated…. On theCONTRACTOR.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 termsstipulated in this CONTRACT shall have the meaning as defined hereunder.1.2 CONTRACTShall mean a written CONTRACT signed between ONGC and the CONTRACTOR (thesuccessful bidder) including subsequent amendments to the CONTRACT in writingthereto.1.3 CORPORATION/ ONGC:Shall mean OIL & NATURAL GAS CORPORATION LTD., India and shall include its legalrepresentatives, successors and permitted assignees.1.4 SITEShall mean the place in which the operations/services are to be carried out or placesapproved by the ONGC for the purposes of the CONTRACT together with any otherplaces designated in the CONTRACT as forming part of the site.1.5 CORPORATION’S SITE REPRESENTATIVE/ENGINEERShall mean the person or the persons appointed by ONGC from time to time to acton its behalf at the site for overall co-ordination, supervision and projectmanagement at site.1.6 CONTRACTOR:
59 | P a g eShall mean any person/ persons/ firm/ company etc. to whom work has beenawarded and whose bid has been accepted by ONGC and shall include its authorizedrepresentatives, successors and permitted assignees.1.7 SUB-CONTRACT:Shall mean order/contract placed by the CONTRACTOR for any portion of theCONTRACTOR work sub-letted with necessary written consent of ONGC on thirdparty. Such sub-letting shall not relieve the CONTRACTOR from any obligation, dutyor 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 CONTRACTORafter necessary consent of ONGC.1.9 CONTRACTOR’S REPRESENTATIVEShall mean such person/or persons duly appointed representative at the site andbase as the CONTRACTOR may designate in writing to the ONGC as having authorityto act for the CONTRACTOR in matters affecting the work and to provide therequisite services.1.10 CONTRACT PRICEShall mean the sum accepted or the sum calculated in accordance with the ratesaccepted by ONGC and amendments thereof, and shall include all fees, registrationand other charges paid to statutory authorities without any liability on ONGC for anyof these charges. The prices will remain firm during currency of the CONTRACTORunless specifically agreed to in writing by ONGC.1.11 DAYShall mean a calendar day of twenty-four (24) consecutive hours beginning at 0000hours with reference to local time at the site.1.12 EQUIPMENT/MATERIALS/GOODS:
60 | P a g eShall mean and include any equipment, machinery, instruments, stores, goods whichCONTRACTOR is required to provide to the ONGC for/under the CONTRACTOR andamendments thereto.1.13 WORKS / OPERATIONS:Shall mean all work to be performed by the CONTRACTOR as specified in the Scopeof Work under this CONTRACT.1.14 GUARANTEE/ WARRANTEE:Shall mean the period and other conditions governing the warranty/guarantee of theworks as provided in the CONTRACT.The contractor shall warrant that every work executed hereunder shall be free fromall 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 ofthe highest grade and consistent with established and accepted standard ofmaterials and workmanship of the type contracted for and in full conformity with thedesign, drawing and specifications. If during the aforesaid period the work or thepart of the work is discovered to be defective or faulty or not in conformity with thespecifications (decision of ONGC on that behalf being final and binding on thecontractor), then the ONGC shall be entitled for the cost of work so found defectiveand also of damages sustained as a result of such defective work. The contractorshall, if required, also carry out repairs/replacement free of cost or at the option ofthe ONGC make payment to ONGC within two months of receipt of advice, the valuethereof at the contract price and such other expenditure and damages as may ariseby reason of the breach of condition therein specified.Nothing herein contained shall or prejudice against any other right of the ONGC onthat behalf or otherwise.Where the Contractor does not directly execute the work itself and the warrantygiven by the person/firm carrying out such work on their behalf deviates from theabove said warranty, it shall be responsibility of the contractor to abide the warrantystipulated by the ONGC.1.15 MOBILISATION:
61 | P a g eShall mean rendering the equipment fully manned and equipped as perCONTRACTOR and ready to begin work at site designated by ONGC after ONHIREsurvey and ONGC’s acceptance thereafter. The date and time of ONGC’s acceptanceof 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 ofONGC. The date and time of OFFHIRE survey shall be treated as the date and time ofdemobilization.1.17 DRAWINGS:Shall mean and include all Engineering sketches, general arrangements/ layoutdrawings, sectional plans, all elevations, etc. related to the CONTRACTOR togetherwith 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) asapplicable 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 perthe terms of the CONTRACT.1.20 TESTS:Shall mean such process or processes to be carried out by the CONTRACTOR as areprescribed in the CONTRACT considered necessary by ONGC or their representativein CONTRACT to ascertain quality, workmanship, performance and efficiency ofequipment or services thereof.1.21 FACILITYShall mean all property of the ONGC owned or hired by ONGC.