tender doc energy audit 10319233018

ST-Electrical, ONGC Ahmedabad Asset

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Oil and Natural Gas Corporation Ltd. Surface Team- Electrical, Ahmedabad Asset Office of DGM (Electrical) 124 & 127, Avani Bhavan, Chandkheda, Ahmedabad 380 005. Ph.: 079-2326056/6016, TeleFax: 079 - 23296891

Tender No : DY1VC10004

TENDER DOCUMENT

FOR

Energy Audit of 06 ST Installations of ONGC

Ahmedabad Asset Issued to : M/S ………………………………


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I N D E X

Sr. No. Description Annexure Page No

1 NIT 3-6 2 Instruction to Bidders Annexure-1 7-11

3 Terms and Conditions of the Contract

Annexure-2 12-32

4 Essential Qualifying Requirements Annexure-3 33 5 Scope of Work Annexure-4 34-36 6 List of equipments at each plant Annexure-5 37-39 7 Price-Bid ( Schedule of Prices) Annexure-6 40 8 Performa for Agreement Annexure-7 41-42

9 Performa for Bank Guarantee for bid bond/ EMD

Annexure-8 43-45

10 Performa for Bank Guarantee for Security Deposit/ Performance Bond

Annexure-9 46-48

11 Performa for certificate to be submitted

Annexure-10 49

Note: This tender document consists of 49 pages including the cover page.


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Oil and Natural Gas Corporation Ltd. Surface Team- Electrical, Ahmedabad Asset Office of DGM (Electrical) 124 & 127, Avani Bhavan, Chandkheda, Ahmedabad 380 005. Ph.: 079-2326056/6016, Tele- Fax: 079 - 23296891

NO.AMD/ST/ELECT/ IV (18)/09-10 Date: 05.03.2010

NOTICE INVITING TENDER Sealed item rate tenders under single bid system in prescribed form are invited by DGM(E)-ST on behalf of ONGC for the work “ Energy Audit of 06 ST Installations of ONGC Ahmedabad Asset” as per details given below – 1. Tender No. : DY1VC10004 2. Estimate Cost : Rs.1, 38,000/- 3. EMD : Rs. 2800/- in the form of crossed “Payee

Account” only Demand Draft/ Cashier’s/ Banker Cheques, in favour of “F&AO, ONGC Ahmedabad ” from any Nationalized Bank/Scheduled Bank (Except Co-operative Banks) valid for 150 days from the last date of prescribed submission of the bid or bid bond valid for 30 days beyond the required validity of bid as per Performa at the Annexure. Earnest money / bid bond / bid security will not be necessary for tenders from Central Govt. and Central PSUs. The firms registered with NSIC will be exempted from furnishing bid bond / bid security / earnest money provided they submit evidence that they have a current and valid registration for the item (s) they intend to quote.


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4. Tender Fee : Rs. 200/- in the form of crossed “Payee

Account only” IPO/ DD/ Cashier’s Cheques/ Banker’s Cheques from any Nationalized Bank/ Scheduled (not Co-operative) Bank, valid for 90 days beyond the date of closure of the sale of tender document drawn, in favour of “F&AO, ONGC Ahmedabad ” payable at Ahmedabad. The firms registered with NSIC will be exempted from payment of tender fee provided they furnish evidence that they are registered for the items they intend to quote against ONGC tenders. The Govt. Depts. Will also be exempted from the payment of tender fee.

5. a) Tender sale period : 19.03.2010 to 05.04.2010 (14.00 Hrs to

16.00 Hrs) b) Tender submission Date : 09.04.2010 up to 15:00 Hrs. c) Tender opening Date : 09.04.2010 at 15:30 Hrs. (if possible) d) Job completion Time : Three months 6. Place of submission & : Room no 127-A, Avani Bhavan, ONGC Opening of tender Chandkheda, Ahmedabad-380005 7. Validity of bid : 03 months from the date of submission (

The offers with lesser than the 03 months’ validity will be straightaway ignored).

8. Non-transferable blank tender documents can be obtained from the Office of

DGM (Elect) – ST, 124 & 127, Ist floor, Avani Bhavan, ONGC Ltd., Chandkheda, Ahmedabad -380005 from 19.03.2009 to 05.04.2009 between 14.00 hrs to 16:00 hrs. on any working days on payment of requisite tender fees ( non-refundable). Tender document shall be issued to the bidder on submission of application for tender along with following undertaking on the official letter head of the bidder:

a) “We___________________( Name of agency ) hereby confirm the that

we comply with the Essential Qualification Requirements( EQR) specified at Annexure-3 of tender document for tender no DY1VC10004 for the work “Energy Audit of 06 ST Installations of ONGC Ahmedabad Asset”. We also confirm that we shall submit all the relevant supporting documents for EQR along with bid, failing which our offer may be treated as summarily rejected.”

b) “We further declare to the effect that neither we___________ ( Name

of the agency ) ourselves, nor any of our allied concerns, partners or associates or directors or proprietors involved in any capacity , are currently serving any banning orders issued by ONGC debarring us


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from carrying on business dealings with ONGC. If any stage, it is found incorrect, our offer may be treated as summarily rejected.”

(Signature of bidder with seal)

9. The Essential Qualification Requirements, in brief, are as follows (Annexure-3 of

tender document):

a) The Bidders must have experience of having successfully completed similar works of “Energy Auditing ” during last 7 years, ending last day of month previous to the one in which applications are invited, should be either of the following :

One similar completed work costing not less than the amounts equal to 80% of the Estimated Cost, i.e., of Rs 1, 10,400/-

OR

Two similar completed works each costing not less than the amount equal to 50% of the Estimated Cost, i.e., of Rs 69,000/- each

OR

Three similar completed works each costing not less than the amount equal to 40% of the estimated cost, i.e., of Rs 55,200/- each

b) Average annual financial turnover as per Audited Annual Reports for the last

two accounting years, should be at least 30% of the estimated cost (in case of contract period less than one year) and 30 % of annualized value of the estimated cost.

c) Bidder must be an accredited energy auditor approved by Government of

Gujarat. d) The bidder must submit copy of service Tax Registration Certificate.

e) The bidder must submit copy of EPF code no. In the form of certificate/ EPF

Challan issued by EPF authority. 10 The complete tender document is uploaded on Website www.tenders.ongc.co.in. 11 The bidders may also download the tender document from the site (if so

desired), www.tenders.ongc.co.in, within the time specified for sale of the tender document and use the same for participation in tender. But, bidders downloading the tender document from the website should ensure to submit tender fee so as to reach the office of DGM (Elect.)- ST, ONGC, Room No. 124 & 127, Avani Bhavan, Chandkheda, Ahmedabad - 380005 (Gujarat) before the deadline specified for tender sale along with confirmation of EQR in the undertaking given


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above, which will be acknowledged by ONGC by issuing Request for Quotation (RFQ) number specific to the tender and to bidder through Fax /email. If tender fee and confirmation of EQR conditions in undertaking are not received before the deadline specified for tender sale, the request of bidder to participate in tender be will be summarily rejected. (ONGC shall not be responsible for any postal delay).

12 If last date of receipt of tender and opening of tender happens to be holiday,

next working day will be treated as last date of receipt and opening of tender. 13 Offer sent without having the prescribed bidding document of ONGC and/or

without complying with the terms and conditions of bidding document for submitting the offer will be ignored straightaway.

14 EMD must be submitted along with tender. The tender without EMD will be

summarily rejected. 15 ONGC reserves the right to reject any or all tenders at its own discretion without

assigning any reason, thereof.

CE (Elect) – ST


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ANNEXURE-1

INSTRUCTIONS TO BIDDERS 1. Tender shall be submitted in the prescribed form in the tender document. 2. The bidder should read carefully the scope of works along with terms and

conditions of the contract before proceeding for submission of the tender. 3. Before considering the submission of tender, the Bidder shall have visited the

Site and have inspected the equipment, parameters and lay out of the Electrical system pertaining to the work to be executed and also the surrounding in connection with the execution of the work. He shall make independent inquiries and obtain complete information and carefully examine the form and nature of site, local conditions, nature & magnitude of the work, the availability of the labour, material necessary for the execution of the work, the means of access, provisions for power and water, transportation of man and materials, accommodation he may require and all matters and things affecting the execution of the works including safety and security requirements, entry passes etc, and be satisfied before making his offer .

4. The Bidders shall bear all costs associated with the preparation and delivery of

their Bid. The Company will, in no case, responsible or liable for those costs regardless of the conduct or outcome of the tendering.

5. If any bidder withdraws his tender during the validity of the tender or makes

any modifications in the terms and conditions of the tender which are not acceptable to ONGC, then ONGC shall without prejudice to any other right or remedy is at liberty to forfeit the said earnest money deposit.

6. Earnest Money Deposit for the amount indicated in NIT in the form of crossed

“Payee Account” only DD/ Bank Guarantee/ Cashier’s/ Banker Cheques, in favour of “F&AO, ONGC Ahmedabad” from any Nationalized Bank/ Scheduled Bank (Except Co-operative Banks) valid for 150 days from the last date of prescribed submission of the bid or bid bond as per Performa at the Annexure must accompany the tender.

7. Priced bid shall contain only the rates and prices of the respective items. Each

figure quoted should be expressed in figures and words. Any qualifying remarks or any conditions or deviation specified in the priced bid and also vague and / or indefinite expressions and with striking/ corrections without proper endorsement by full signature of the authorized signatory shall also be liable for rejection. The tenders containing uncalled for works or any addition(s) with any extraneous matter or not submitted in proper manner or contains too many corrections/over writings or having absurd rates of items, are liable for rejection.


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8. The bidder shall quote the rates in figures as well as in words and also

amount tendered by him. The amount on each item should be worked out and the requisite total be written. The Bidder shall quote for all items his rates/prices in the priced bid, for complete Scope of Work as per the specifications covered under this Bidding Document. Bidder’s rates/price shall include all his liabilities towards Taxes, Duties, and Levies etc. payable by him. Rates/prices shall be firm during the validity of the bid, agreed extension(s), if any. No escalation, whatsoever, in rate/price shall be allowed during the validity of the contract.

9. Submission of price bid & its evaluation: The bidder shall submit their bid

comprising of two distinct, sealed envelopes Viz. Envelope “A” & Envelope “B” as under :

9.1. Envelope “A”: This envelope shall be super scribed as “EMD and

Compliance Declaration: Tender No DY1VC10004”. The envelope shall contain the following :

9.1.1. Earnest Money Deposit in the prescribed form as stipulated.

9.1.2. A certificate in the following form on bidder’s official letter head

duly signed by him.

CERTIFICATE

WE HEREBY CERTIFY AND CONFIRM THAT:

a) All the terms and conditions of ONGC’s tender document for tender no DY1VC10004: “Energy Audit of 06 ST Installations of ONGC Ahmedabad Asset” are acceptable to us and we have not made any deviations from the same or put forward any additional conditions in our offer.

b) Supporting documents with regard to Essential Qualifying Requirement laid down in tender documents at Annexure- is duly submitted in Envelope “B”.

Signature of the Tenderer (Seal)

9.2. Envelope “B”: This envelope shall be super scribed as “Price-bid - Tender

No: DY1VC10004”. The envelope shall contain the following :

a. Original tender document issued by ONGC and signed and stamped by the bidder in each page.


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b. Price bid, duly filled in, in original format given in the tender document at Annexure-6.

c. Supporting documents with regard to Essential Qualifying Requirement

laid down in tender documents at Annexure-3.

The envelope “A” & “B” must be placed in a separate envelope “C” with tender number, date & time of closing the tender and addressed to DGM(Elect)-Surface Team, 124 & 127, Avani Bhavan, ONGC Chandkheda, Ahmedabad-380005.

The duly filled tender should reach the office of DGM(E)-ST, 127, Avani Bhavan, ONGC Chandkheda, Ahmedabad-380005 on or before 09.04.2009 By 1500 hours. Tenders will be opened on the same day, if possible.

Tenders delayed in post or for any other reason will not be entertained.

Note: Non submission of the Certificate or the earnest money shall straight away lead to rejection of the tender. The Envelope B of such tenderers will not be opened.

10. The bid along with EMD and all related documents in sealed envelopes as

mentioned above is to be submitted on or before closing time for tender submission. The bid is to be addressed to Office of DGM (Elect) – ST, ONGC, and Ahmedabad Asset. Tender no. Name of work, Date of Tender Opening and Name & Address of bidder should be super scribed on the envelopes.

11. Care should be taken by the bidder to write the rates in figures & words in such a

way that interpolation is ruled out. In the event of discrepancy between the amount stated in figures and words, the amount quoted in words shall be deemed to be the correct amount.

12. The bidders are required to sign on each page of the original tender document

and submit it as proof of acceptance of all the terms & conditions. 13. Successful bidder has to enter into agreement as per Annexure-8 with ONGC on

non-judicial stamp-paper of Rs.100/- within 15 days time after issue of LOI, failing which EMD is liable to be forfeited.

14. If any tenderer deliberately gives wrong information in his tender or creates

circumstances through unlawful means for acceptance of tender, ONGC reserves right to reject such tender/termination of the contract, after words.

15. Tender document once submitted to ONGC will become property of ONGC and

shall not be returned to the tenderer.


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16. The rates are to be quoted in specified format only as given under head

“Scheduled of Prices” at Annexure-6. 17. The bidders are required to certify in prescribed format (Annexure-) whether

he/they is/are related to any of the Directors of ONGC (in terms of sec.6 of the companies Act, 1956 as amended from time to time) in any of the ways mentioned on the certificate. It is clarified that any such affirmative certificate shall not, by itself, prejudice consideration of the bid. This certificate must accompany the bid.

18. Unsolicited post-tender modifications by the bidder during the validity of the offer

are not acceptable. This will result in forfeiture of EMD/Bid Bond. 19. ONGC will not be responsible for any costs of expenses incurred by any bidder in

connection with the preparation and delivery of this tender or for any other expenses incurred in connection with such bidding.

20. If the bidder finds discrepancies, omissions etc. in the tender document or have

any doubts as the meaning or intent of any part thereof, he shall at once inform to the DGM (E) – ST, ONGC, Ahmedabad so as to facilitate him to send a written interpretation/clarification or explanation to him/all the bidders.

21. Details of existing system are given in tender document. However, if any bidder

desired to visit site to get more information before submission of tender their representative may visit site between 1:00 hrs. to 16:00 hrs on working days. Request for site visit may be sent to DGM (Elect) – ST in advance. Bidder will have to arrange transport for such visit.

22. The Bids must be firm throughout the period of contract and without any

qualifying conditions such as ‘subject to change without notice’, ‘subject to minimum acceptance’, ‘subject to prior commitment’ etc. Conditional Bids are liable to be rejected.

23. Validity: Bids must be unconditionally valid for 90 days from the date of opening

of the Bids. 24. Unsolicited clarification about the offer or any change in prices during its validity

period will lead to outright rejection of the Bid and forfeiture of EMD. 25. ONGC reserves the right to Reject any/ all the Bids without assigning any reason

whatsoever thereof. ONGC also reserves to itself the right to accept any tender in part or split the order suitably between two or more parties depending upon the requirement and Criticality of item.


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26. Bidders should submit original tender document, each page duly signed and stamped, along with their Bid as confirmation of their going through complete tender document and accepting the terms and conditions.

27. The rates are to be quoted inclusive of all taxes and duties. The Bidder should

ensure while Quoting that the rates cover the cost of any material, labour etc. required for the completion of the work. ONGC will not entertain any Bill at later stage for Additional Remuneration towards installation.

28. Quoted prices must be in Indian Currency, and shall remain firm throughout the

period of the contract. 29. Discount: Bidders are advised not to indicate any Separate Discount. Discount,

if any, should be merged with the quoted price. Discount of any type, indicated separately, will not be taken into account for evaluation purpose. However, in the event of such an offer, without considering discount, is found to be lowest, ONGC shall avail such discount at the time of award of contract.

30. The bidder/ contactor is prohibited to offer any service/ benefit of any manner to

any employee of ONGC and that the contactor may suffer summary termination of contract/ disqualification in case of violation.

31. Telegraphic/ Fax/ Telex/ Photocopy/ E-mail offers will be rejected.


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ANNEXURE-2

TERMS AND CONDITIONS OF THE CONTRACT

(1) Instruction and/or directions issued by the Engineer-in-charge to the contractor shall be deemed to have been issued by ONGC and the contractor shall be obligated to carry out these instructions and/or directions.

(2) CONTRACTOR’S REPRESENTATIVE

The contractor shall designate in writing to ONGC, an individual as its authorized representative for purpose of this contract who has the authority to act for the contractor in matters affecting the work. Such representative shall be available to ONGC easily for receiving instructions.

(3) The work is being carried out in “RESTRICTED AREA” and the Contractor will have to work as per instructions of Engineer-in-Charge. He should obtain permission in standard format for every employee working for him inside the plant premises. These personnel are liable to be physically checked by competent authority or Engineer-in-Charge at any time.

(4) The personnel to be deputed by the contractor shall observe all security,

fire and safety rules of ONGC. While at the site, ONGC engineers will supervise his work and contractor has to strictly follow to their instructions.

(5) Contractor shall provide proper identification cards for his employee to be

deputed by him for work, duly signed by contractor or authorized person on behalf of contractor. Also the contractor should obtain entry passes


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from CISF/Security through Engineer-in-Charge of ONGC for his employees.

(6) The personnel deputed by the contractor for the job shall meet following

requirements –

a. Should be medically fit to work at site. b. Should posses good conduct and discipline. c. The supervisor deputed by contractor will be minimum Diploma Holder

in Electrical Engineering.

(7) Accident Risk Responsibility for the contractor’s employees will be covered by the contractor with suitable insurance and indemnity. ONGC will not be responsible for loss of life of contractor’s crew members, its employees and of a third party and also for loss of materials etc. compensation on this account will be borne by contractor.

(8) All existing and amended safety/fire Rules of ONGC are to be followed

within the processing plant of service center.

(9) All mines rules are to be strictly adhered as per DGMS requirement.

(10) All type of transport connected with the work shall be in the scope of contractor and contractor shall bear all expenses on this account.

(11) ONGC will provide free water, steam, air and electricity at suitable points,

if required, for contract work.

(12) COMPLETION TIME

Time shall be the essence of the Contract and the complete scope of work shall be completed within 03 (Three) months which shall be reckoned from the 15th day of issue of the work order.

(13) INSURANCE & DAMAGE TO PROPERTY

Contractor will be responsible for insurance coverage of his personnel and ONGC will have no liability what so ever on this account. Damage, if any to roads/buildings/structures, equipments, machinery, property of ONGC during execution of work will be made good by the contractor. The contractor shall maintain the equipments of ONGC in good working condition and he will be the custodian of the ONGC equipments/property.

(14) PERFORMANCE


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a. The contractor undertakes to perform all its services under the contract with all reasonable skill, diligence, and care in accordance with sound industrial practice to the satisfaction of ONGC and accept full responsibility for satisfactory quality of such services.

b. ONGC shall given contractor written notice specifying the cases of its dissatisfaction to correct the specified deficiency, within 07 days, failing which ONGC shall have the right to terminate this contract by giving 15 days advance written notice to the contractor unless the specified deficiency is corrected within such thirty (30) days period and invoking of performance bond due to failure of contractor in not executing the contract faithfully.

(15) The governing language for the contract shall be English only.

(16) Rates shall be firm during the period of contract and also incase of

extension.

(17) No mobilization/demobilization charges shall be paid.

(18) Final Bill

Any and all claims not specifically reflected and included in the final bill shall be deemed to have been waived by the Contractor and ONGC shall have no liability in respect thereof and the contractor shall not be entitled to raise or include in the final bill or subsequently at any time, any claims other than those mentioned in the final bill.

No claim shall, on any account or ground be made by the contractor after the final bill, with the intent that the final bill prepared by the contractor shall reflect any and all claims, whatsoever, of the contractor against ONGC, arising out of or in connection with the contract or work performed by the contractor hereunder or in relation thereto and the contractor shall, notwithstanding any enabling provision in the contract or in any law and not withstanding any claim in quantum merit that the contractor could have in respect thereof be deemed to have waived any an all such claims not included in the final bill and to have absolved and discharge ONGC from and against the same even if not including the same as aforesaid the Contractor shall have acted under a mistake of law or fact.

(19) DISCHARGE OF ONGC LIABILITY

The acceptance by the contractor of any amount paid by ONGC to the contractor in respect of final bill of the contactor upon the condition that the said payment is being made in full and final settlement of all the dues


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and claims of the contractor, be demand to be in full and final settlement of all the due and claims of the contractor, be demand to be in full and final any qualifying remarks, protest or condition imposed or purported to be imposed by the contractor relative to the acceptance of such payment with the intent that upon acceptance by the contractor of any payment made as aforesaid all the dues and claims of the contractor under the contract as well as the Attribution Clauses herein, shall stand extinguished.

(20) COMPLIANCE OF LABOUR LAWS AND OTHER LABOUR RELATED

MATTERS

The contractor shall at its own cost comply with the provision of labour laws, rules, orders and notification whether central or state or local as applicable to him or to this contract from time to time. These Acts/Rules includes without limitation the following –

a. The Minimum Wages, Act, 1948 & Rules and orders and notifications

issued there under from time to time. b. The contract Labour (Regulation & Abolition) Act, 1970 Rules orders

and notification made there under from time to time. c. The Industrial Dispute Act, 1947 and Rules orders & notification issued

there under from time to time. d. The workmen’s compensation Act, 1923 with Rules, Order &

Notification issued there under from time to time of the Employees State Insurance Act, 1948, with rules orders whichever is applicable.

e. The payment of Gratuity Act, 1972 with rules order notification issued there under from time to time.

f. The Mines Act, 1952 factories Act, 1948 or shops & Commercial Establishments Act whichever is applicable with Rules Orders & Notifications issued there under from time to time.

g. The payment of Bonus Act, 1965 with rules order & notification issued there under from time to time.

h. The payment of Wages Act, 1936 with Rules, Orders & Notification issued there under from time to time.

i. The Employees provident fund and miscellaneous provisions, Act, 1952 with rules, orders & notification issued the under from time to time.

j. Interstate migrant workmen (Regulation of Employment & Condition of services), Act, 1979 & Central Rules framed thereunder.

k. Equal Remuneration Act. l. All other Acts/Rules/Regulation, bye-laws, order, notification etc.,

present or future applicable to the contractor/society from time to time for performing the aforesaid jobs.

(21) VERIFICATION OF CHARACTER AND ANTECEDENTS OF CONTRACTUAL MANPOWER


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In all contracts involving deployment of Contractor’s manpower within ONGC’s premises like plants, offices, installations, rigs stock yards etc., the contractor shall submit the following documents to the ONGC prior to start of work:

a. Undertaking from the Contractor that the character and the

antecedents of the person(s) proposed to be deployed by them is/are impeccable;

b. Undertaking from the Contractor that they have scrutinized the previous working of the person(s) proposed to be deployed by them and there is nothing adverse as regards his/her character and antecedent.

c. Along with the above mentioned undertaking, the Contractor will provide certified photocopies of Police verification certificates for inspection by the authorised representative of ONGC. The contractor has to obtain Police verification report (signed by an officer equivalent to DSP rank or higher) from the area where the person(s) to be deployed has/have been residing since the last five years. In case the person concerned has not resided at a place for five year at a stretch, police verification reports should be obtained from that area where the person has /have stayed earlier.

(22) FORCE MAJEURE:

a. In the event of either party being rendered unable by Force

Majeure to perform any obligation required to be performed by

them under the CONTRACT, the relative obligation of the

party affected by such Force Majeure shall be suspended for the

period during which such cause lasts.

b. The term “Force Majeure" as employed herein shall mean acts of

God, War, Civil Riots, Fire, directly affecting the performance of

the CONTRACT Flood and Acts and Regulations of respective

government of the two parties, namely ONGC and the

CONTRACTOR.

c. Upon the occurrence of such cause and upon its termination,

the party alleging that it has been rendered unable as aforesaid

thereby, shall notify the other party in writing, the beginning of

the cause amounting to Force Majeure and also the ending of

the said cause by giving notice to the other party within 72

hours of the beginning and ending of the cause respectively. If

deliveries are suspended by Force Majeure conditions lasting for

more than 2 (two) months, ONGC shall have the option of


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canceling this CONTRACT in whole or part at his discretion

without any liability at his part.

d. Time for performance of the relative obligation suspended by Force Majeure shall then stand extended by the period for which

such cause lasts.

(23) LIQUIDATION DAMAGES

a. The time and date of completion shall be the essence of the

contract. If the Contractor fails to complete the contract or any

part thereof within the period fixed for such completion in the

job order or at any time repudiates the contract before the

expiry of such period, ONGC may, without prejudice to any other

right or remedy available to him, recover damages for breach of

contract.

b. Recover from the Contractor liquidated damages, and not by way of Penalty, a sum equivalent to 1/2% of the work order value for each Week’s delay or part thereof, beyond the scheduled completion date subject to a maximum of 10 % of the Total Work Order value for the purpose of L.D.

C. In case of RC for a period of more than one year, the Liquidated

damages will be levied on one year’s contract period value.

D. ONGC may cancel the contract/ order or a portion thereof, by

serving prior notice of 14 days to the contractor, unless during

these days notice period the contractor initiates remedial

actions acceptable to ONGC and recover L.D. and forfeit

security deposit made by contractor besides getting the work

completed by other means at the cost and risk of the contractor.

E. Notwithstanding anything stated above, works will be deemed

to have been completed only when all its components and parts

are also completed. If certain components of the works are not

completed in time, the works will be considered as delayed until

such time all the balance jobs are completed.

f. In the event of the ONGC, because of circumstances beyond its

control, cannot provide the materials as agreed in the contract,

the Contractor shall only be entitled for extension in time limit

and such extension shall not entitles the Contractor for any

compensation or payment of whatsoever nature.

g. In the event of ONGC because of circumstances beyond its

control, cannot make available/provide the number of

equipment for the execution of the work, it will not be binding on

the ONGC, for the payment of any losses incurred or claimed

whatsoever by the Contractor.


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(24) SECURITY DEPOSIT/ PERFORMANCE BANK GURANTEE/ CONTRACT

SECURITY:-

a. Within two weeks of placement of LOI the successful bidder has

to furnish security deposit of 10% of contract value ONGC in the

form Demand Draft drawn in favour of F&AO, ONGC, Avani

Bhavan, Ahmedabad Asset, Ahmedabad -380005 and payable

at Ahmedabad, or in the form of bank guarantee as per

prescribed format., out of which 5% shall be obtained as

Performance Bank Guarantee and the balance 5% shall be

retained from the running bills on prorate basis @10%.

b. In case the contracts with contract period of more than one

year the performance bank guarantee / Contract security will be

obtained on the basis of one year contract value with validity of

60 days beyond the expiry date of contract.

c. In case firm give Security deposit /Contract security/Performance

Security in the form of Bank Guarantee, the Bank Guarantee shall

be given by any of the Nationalized Bank or Scheduled Bank or

State Bank of India and its wholly owned subsidiaries.

d. If the contractor / sub contractor or their employees shall break,

deface or destroy the property belonging to the ONGC or other

during the execution of the contract, the same shall be made

good by the contractor at his own expenses and in default

thereof, the engineer-in-charge may cause the same to be

made good by other agencies and recover expenses from the

contractor (for which the certificate of engineer-in-charge shall

be final).

e. All compensation or other sums of money payable by the

contractor to ONGC or recoveries to be made under terms of

this contractor may be deducted from his security deposit or

from any sums which may be due or may become due to the

contractor on any account whatsoever.

f. No interest shall be payable by ONGC for the sum deposited as

security deposit.

g. The security deposit shall be refunded after the expiry of the

period of liability as stipulated in the contract and the work is

over to the full satisfaction of Engineer-in-charge as per

specifications.

(25) FORFEITURE OF SECURITY DEPOSIT/ BANK GUARANTEE: -

The ONGC shall have an unqualified option to claim the amount

including liquidated damages from the Security deposit or

Performance Guarantee in the event of contractor failing to honour

any of the commitments enter into under the Agreement and/or in

respect of any amount due to the ONGC from the Contractor. In

case, the ONGC is obliged to make any recoveries on any account


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under the contract from the security deposit of the contractor, the

contractor shall be obliged to make good of the security deposit

amount within a period of 10 days after the receipt of information in

this regard, failing which the contractor has to pay 20% per annum

interest for the period of delay in making the good of security

deposit.

(26) ARBITRATION CLAUSE

ARBITRATION (Applicable in case of supply orders/ Contracts with firms,

other than Public Sector Enterprises)

a. Except as otherwise provided elsewhere in the contract, if any

dispute, difference, question or disagreement arises between

the parties hereto or their respective representatives or

assignees, in connection with construction, meaning, operation,

effect, interpretation of the contract or breach thereof which

parties are unable to settle mutually, the same shall be referred

to Arbitration as provided hereunder:

b. A party wishing to commence arbitration proceeding shall

invoke Arbitration Clause by giving 60 days notice to the other

party. The notice invoking arbitration shall specify all the points of

disputes with details of the amount claimed to be referred to

arbitration at the time of invocation of arbitration and not

thereafter. If the claim is in foreign currency, the claimant shall

indicate its value in Indian Rupee for the purpose of constitution

of the arbitral tribunal.

c. The number of the arbitrators and the appointing authority will

be as under:

Claim amount

(excluding

claim for interest

and counter

claim, if any)

Number

of

arbitrator

Appointing authority

Upto Rs. 5 crore Sole

Arbitrator ONGC

Above Rs. 5

crore

3

Arbitrator

s

One arbitrator by each party

and the 3rd arbitrator, who shall

be the presiding arbitrator, by

the two arbitrators.


20

d. The parties agree that they shall appoint only those persons as

arbitrators who accept the conditions of this arbitration clause.

No person shall be appointed as arbitrator or presiding arbitrator

who does not accept the conditions of this arbitration clause.

e. Parties agree that there will be no objection if the Arbitrator

appointed holds equity shares of ONGC and/or is a retired

officer of ONGC / any PSU. However, neither party shall appoint

its serving employee as arbitrator.

f. If any of the Arbitrators so appointed dies, resigns, becomes

incapacitated or withdraws for any reason from the

proceedings, it shall be lawful for the concerned party/

arbitrators to appoint another person in his place in the same

manner as aforesaid. Such person shall proceed with the

reference from the stage where his predecessor had left if both

parties consent for the same; otherwise, he shall proceed de

novo.

g. Parties agree that neither party shall be entitled for any pre-

reference or pendente-lite interest on its claims. Parties agree

that any claim for such interest made by any party shall be void.

h. The arbitral tribunal shall make and publish the award within time

stipulated as under:

Amount of Claims and

Counter Claims

(excluding interest)

Period for making and publishing

of the award (counted from the

date of first meeting of the

arbitrators):

Upto Rs. 5 Crore Within 8 months

Above Rs. 5 Crore Within 12 months

i. The above time limit can be extended by the arbitrator, for

reasons to be recorded in writing, with the consent of the parties.

j. Arbitrators shall be paid fees at the following rates:

Amount of Claims

and

Counter Claims

(excluding interest)

Lump sum fees (including fees for study of

pleadings, case material, writing of the

award, secretarial charges etc.) payable to

each arbitrator (to be shared equally by

the parties)

Upto Rs 50 lac

Rs. 7,500.00 per meeting subject to a ceiling

of Rs. 75,000.00

Above Rs 50 lac to

Rs 1 crore

Rs. 90,000.00 plus Rs. 1,200.00 per lac or a

part thereof subject to a ceiling of Rs.

1,50,000.00

Above Rs. 1 Crore

and

upto Rs. 5 Crores

Rs. 1,50,000.00 plus Rs. 22,500.00 per crore or

a part there of subject to a ceiling of Rs.

2,40,000.00


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Above Rs. 5 Crores

and upto Rs. 10

Crores.

Rs. 2,40,000.00 plus Rs. 15,000.00 per crore or

a part there of subject to a ceiling of Rs.

3,15,000.00

Above Rs. 10 Crores Rs. 3,15,000.00 plus Rs. 12,000.00 per crore or

part thereof subject to a ceiling of Rs.

10,00,000.00

k. For the disputes above Rs 50 lacs, the Arbitrators shall be entitled

to an additional amount @ 20% of the fee payable as per the

above fee structure.

l. If after commencement of the Arbitration proceedings, the

parties agree to settle the dispute mutually or refer the dispute to

conciliation, the arbitrators shall put the proceedings in

abeyance until such period as requested by the parties. Where

the proceedings are put in abeyance or terminated on account

of mutual settlement of dispute by the parties, the fees payable

to the arbitrators shall be determined as under:

i) 25 % of the fees if the claimant has not submitted

statement of claim.

ii) 50 % of the fees if the award is pending

m. Each party shall pay its share of arbitrator's fees in stages as

under:

i) 25% of the fees on filing of reply to the statement of claims.

ii) 25% of the fees on completion of evidence.

iii) Balance 50% at the time when award is given to the

parties.

n. Each party shall be responsible to make arrangements for the

travel and stay etc of the arbitrator appointed by it. Claimant

shall also be responsible for making arrangements for travel I stay

arrangements for the Presiding Arbitrator and the expenses

incurred shall be shared equally by the parties.

o. In case of sole arbitrator, ONGC shall make all necessary

arrangements for his travel stay and the expenses incurred shall

be shared equally by the parties.

p. The Arbitration shall be held at the place from where the

contract has been awarded. However, parties to the contract

can agree for a different place for the convenience of all

concerned.

q. The Arbitrator(s) shall give reasoned and speaking award and it

shall be final and binding on the parties.

(27) (APPLICABLE IN CASE OF CONTRACT ON PUBLIC SECTOR ENTERPRISES)

In the event of any dispute or difference relating to, arising from or

connected with the CONTRACT, such dispute or difference shall be

referred by either party to the arbitration of one of the Arbitrators in the

Department of Public Enterprises, to be nominated by the Secretary to


22

the Government of India, In-charge of the Bureau of Public Enterprises.

The Arbitration and Conciliation Act 1996 shall not be applicable to the

Arbitration under this clause. The award of the Arbitrator shall be

binding upon the parties to the dispute, provided, however; any party

aggrieved by such award may make a further reference for setting

aside or revision of the award to the Law Secretary, Department of

Legal Affairs, Ministry of Law and Justice, Government of India. Upon

such reference, the dispute shall be decided by the Law Secretary or

the Special Secretary / Additional Secretary, when so authorised by

Law Secretary, whose decision shall bind the parties finally and

conclusively. The parties in the dispute will share equally the cost of the

arbitration as intimated by the Arbitrator.

(28) JURISDICTION AND APPLICABLE LAW:-

This Agreement including all matter connected with this Agreement,

shall be governed by the laws of India (both substantive and

procedural) for the time being in force and shall be subject to exclusive

jurisdiction of the Indian Courts at Ahmedabad. Foreign companies,

operating in India or entering into Joint ventures in India, shall have to

obey the law of the Land and there shall be no compromise or excuse

for the ignorance of the Indian legal system in any way.

(29) WARRANTY

a. The contractor agrees to ensure that all materials, equipment and components used in execution of the works under this contract, shall be new and unused (not Reconditioned) and of recent manufacture which shall is no case be of a date of manufacture older than one year from the date of shipment to the site as the case may be. However, structural steel shall in no case be of a date of manufacture older than two (02() year fro the date of shipment to the yard/site as the case may be. The contractor shall warrant that every work executed under this contract shall be free from all defects and faults in design and engineering, materials, workmanship and handling etc. and shall be consistent with established and accepted standards for materials and workmanship of the type ordered and in full conformity with the design, drawings, specification or sample, if any, and shall if operable, operate as per design, drawings, specifications and samples if any, and other stipulated conditions in accordance with the contract. This warranty shall survive inspection of, payment for an acceptance of the plant, machinery and equipment and shall be valid for a period of 12 months from the date of issue of certificate of completion and acceptance. The warranty/guarantee for a punch list item will start from the date of completion of that punch list item.


23

b. If ONGC desired to takeover at its sole discretion any part of the work and accordingly contractor handovers a part of the work, then warranty/guarantee for that part of the work shall be kept valid up to 12 months from the date of issue of part certificate of completion and acceptance of the respective part(s) of the works taken over by ONGC.

c. In case the commissioning is delayed due to the reasons solely

attributable to the ONGC, whereas the plant has been completed and made ready for commissioning by the contractor, such warranty/guarantee shall be valid for a period of 18 (eighteen) months reckoned from the date of plant made ready for commissioning or 12 (twelve) months from the date of issue of certificate of completion and acceptance whichever is earlier.

d. If during the aforesaid period, the said plant machinery and equipment

be discovered not to conform to the description and quality aforesaid or have deteriorated otherwise than by fair wear and tear, the contractor shall upon notification by the ONGC promptly and at its own cost repair/replace or otherwise make good such defects as well as any damage to the works caused by such defects. If the contractor fails to replace/repair such defective plant, machinery, equipment within a reasonable time depending upon exigency of the situation, the ONGC will be entitled to deploy other agencies to carry out the same an dif such work which in the opinion of the ONGC’s representative was the liability of the contractor to do at his own expenses under the contract, then all expenses consequent thereon or incidental thereto and also damage sustained on account of such defective material by any other associated or allied plant, equipment and structures and other facilities forming part of the works shall be recoverable from the contractor.

e. The contractor agrees to make payment against such claim within 30

days of receipt thereof. If the contractor fails to pay the amount to the ONGC within 30 days from the receipt of the invoice then amount may be deducted by the ONGC from any money, which is due or may become due to the contractor including ONGC’s right to en-cash the performance guarantee furnished by the contractor in accordance with provisions of Clause.

f. The period of Guarantee for any part of the works shall be as specified

above. If the works or any part thereof cannot be used by reasons of such defect/damage and or making good of such defect and or damage the warranty period of the works or such part thereof as the case may be shall be extended by a period equal to the period during which the works or such part thereof cannot be used by the ONGC due to any of the aforesaid reasons. The contractor shall arrange for the


24

performance guarantee to remain valid until the expiration of the extended warranty period with respect to such part of the works.

g. To the intent that during the period of guarantee the works shall

remain in as good condition (fair wear and tear expected) as they were at the beginning of the period of guarantee. The contractor shall do all repair, amendment, reconstruction rectification and making good of defects, imperfections, shrinkages and settlements, including where necessary the repair or, if repair proves impossible, the replacement of any part or complete Machinery/equipment, which the ONGC requires of the contractor in writing during the guarantee period or within fourteen days after the expiration of the period of guarantee as a result of any inspection made during the period of the guarantee.

h. The contractor shall ensure that all guarantee or warranties issued by manufacturers of plant, machinery, equipment supplied by contractor and covering the performance of the said material and equipment supplied by them be issued in the joint name of the contractor and the ONGC such that the ONGC enjoys the same benefits and protection provided by any such guarantee or warehouse as does the contractor. The issuance or existence of any such guarantee or warranties shall however is no way relieve the contractor of his obligations under the contract in particular with reference to the provisions of this section.

i. The contractor shall be and remain responsible during the period of

guarantee for making good with all possible speed any defected arising from contractor’s defective design and engineering (other than a design made, furnished or specified by the ONGC) of the aforesaid equipment which may develop under the conditions provided for in the contract and under proper use in the works or any portion thereof.

j. The contractor shall carry out all the works and supply and install all

replacement materials and equipment pursuant to this section at no additional cost to the ONGC including the cost of timely transport of materials and equipment to site of the need for the work is due to poor workmanship or faulty materials, plant equipment or process supplied by the contractor or due to the use of materials or equipments not in accordance with the contract or specification or due to neglect or failure of the contractors to comply with any obligations.

k. In case of Spare parts supplied under the contract the contractor shall

be fully responsible during the warranty period for the correctness of the parts and their proper fitment to the machine for which the same are ordered. The contractor shall replace such parts which may require replacement under the manufacturer’s warranty clause free of cost to the ONGC within the shortest possible time. The contractor shall also guarantee that the vendor OEM will supply spare parts and when


25

required for period of 10 (ten) years from the date of issuance of certificate of completion and acceptance of the work. Further it is also clarified that contractor shall obtain joint guarantee in this regard in the name of both ONGC and contractor from the original equipment manufacturers while purchasing the equipments, and this guarantee shall be passed on to the ONGC. The agreed basis would be –

i) Any agreed discount on the published price may be passed on to the ONGC.

ii) Before going out of production for spare parts. Vendor should give adequate advance notice to the ONGC so that the ONGC may decide on procurement of the balance of the life time requirement of spares.

iii) Vendor will make available manufacturing drawings f the spares if required in connection with the manufacture of the spares for the main equipment.

l. During the guarantee period if the contractor is requested by the

ONGC to visit the site for checking and carrying out remedial work of facilities and equipment, al expenses to wards personnel, traveling to and from the site living and accommodation etc., while in India for remedial works shall be borne by the contractor unless such defects are caused by the ONGC its agents or other contractors.

m. No warranty other than what is mentioned above expressed or implied is made by contractor and all such warranties are hereby specifically excluded. ONGC specifically waives any right to assert such claims for any other warranties not provided for in this section 6 irrespective of the basis for such claims.

(30) TERMINATION

A. TERMINATION ON EXPIRY OF THE CONTRACT:

This Agreement shall be deemed to have been automatically

terminated on the expiry of the CONTRACT period unless the ONGC

has exercised its option to extend this CONTRACT in accordance

with the provisions, if any, of this CONTRACT.

B. TERMINATION ON ACCOUNT OF FORCE MAJEURE:

Either party shall have the right to terminate this CONTRACT on

account of Force Majeure, as set forth in Clause 25.

C. TERMINATION ON ACCOUNT OF INSOLVENCY:

In the event the CONTRACTOR or its collaborator at any time during

the term of this Agreement becomes insolvent or makes a voluntary

assignment of its assets for the benefit of creditors or is adjudged

bankrupt, then the ONGC shall, by a notice in Writing have the right


26

to terminate this CONTRACT and all the CONTRACTOR’s rights and

privileges hereunder, shall stand terminated forthwith.

D. TERMINATION FOR UNSATISFACTORY PERFORMANCE:

If the ONGC considers that the performance of the CONTRACTOR is

unsatisfactory or, not upto the expected standard, the ONGC shall

notify the CONTRACTOR in writing and specify in detail the cause of

such dissatisfaction. The ONGC shall have the option to terminate

this Agreement by giving 10 days notice in writing to the

CONTRACTOR, if, CONTRACTOR fails to comply with the requisitions

contained in the said written notice issued by the ONGC.

e. TERMINATION FOR DELAY IN MOBILISATION:

Successful bidder shall be required to mobilise complete equipment

alongwith crew (only manpower/ crew in case of repair and

Maintenance Contracts) for commencement of services at the

specified site within a maximum of 15 days from the date of Fax

order/ LOI/ NOA. If the CONTRACTOR (successful bidder) fails to

mobilise as above, ONGC shall have, without prejudice to any other

clause of the contract, the right to terminate the contract.

(31) CONSEQUENCES OF TERMINATION:

a. In all cases of termination herein set forth, the obligation of the

ONGC to pay shall be limited to the period upto the date of

termination. Notwithstanding the termination of this Agreement,

the parties shall continue to be bound by the provisions of this

Agreement that reasonably require some action or

forbearance after such termination.

b. In case of termination of CONTRACT herein set forth except

under clause 19.1 and clause 19.2, the CONTRACTOR shall be

put on holiday [i.e. neither any enquiry will be issued to the party

by ONGC against any type of tender nor their offer will be

considered by CORPORATION against any ongoing tender(s)

where contract between CORPORATION and that particular

CONTRACTOR (as a bidder) has not been finalized] for two years

from the date of termination by CORPORATION to such

CONTRACTOR.

(32) SUBLETTING AND ASSIGNMENT

a. ASSIGNMENT BY CONTRACTOR


27

The contractor agrees not to sublet or assign this contract or interest or any part thereof without first obtaining the written consent of ONGC. Such consent, if any, shall not absolve the contractor of any of his liabilities whatsoever. In case of violation, ONGC may at its sole discretion, terminate the contract.

b. ASSIGNMENT BY ONGC

ONGC shall have the right at any time to assign all or any part of its rights hereunder, to an affiliated company or a third party provided that ONGC shall remain fully liable and responsible to contractor to complete performance of all its obligations imposed by this contract.

(33) INSURANCE: -

a. CONTRACTOR shall, at his own expense, arrange appropriate

insurance to cover all risks assumed by the CONTRACTOR under

this CONTRACT in respect of its personnel deputed under this

CONTRACT as well as CONTRACTOR’s equipment, tools and any

other belongings of the CONTRACTOR or their personnel during

the entire period of their engagement in connection with this

CONTRACT. ONGC will have no liability on this account.

b. However, CONTRACTOR shall not be required to take insurance

cover for their equipment, tools when these are in the custody of

ONGC.

c. Waiver of subrogation: All insurance policies of the CONTRACTOR

with respect to the operations conducted hereunder as set forth

in clause 12 hereof, shall be endorsed by the underwriter in

accordance with the following policy wording:-

“The insurers hereby waive their rights of subrogation against

any individual, CORPORATION, affiliates or assignees for

whom or with whom the assured may be operating to the

extent of the Contractual indemnities undertaken by the

CONTRACTOR”.

d. Certificate of Insurance: Before commencing performance of

the CONTRACT, CONTRACTOR shall upon request furnish

CORPORATION with certificates of insurance indicating (1) kinds

and amounts of insurance as required herein (2) insurance

CORPORATION or companies carrying the aforesaid coverage

(3) effective and expiry dates of policies (4) that CORPORATION

shall be given thirty (30) days written advance notice of any

material change in the policy (5) waiver of subrogation

endorsement has been attached to all policies and (6) the

territorial limits of all policies. If any of the above policy expire or/

are cancelled during the term of this CONTRACT and

CONTRACTOR fails for any reason to renew such policies, then

CORPORATION may replace it and charge the cost thereof to

CONTRACTOR. Should there be lapse in any insurance required


28

to be carried out by CONTRACTOR hereunder for any reason,

losses resulting there from shall be to the sole account of the

CONTRACTOR. Such insurance shall be affected within Insurance

Company incorporated and registered in India or jointly with

Company of International repute and an Insurance Company

incorporated and registered in India.

e. Deductible: - That portion of any loss not covered by insurance

provided for in this article. Solely by reason of deductible

provision in such insurance policies shall be to the account of the

CONTRACTOR.

f. CONTRACTOR shall require all of its SUB-Contractors to provide

such of the foregoing insurance cover as the CONTRACTOR is

obligated to provide under this CONTRACT.

g. Accident or injury to workman: The ONGC shall not be liable for

or in respect of any damage or compensation payable at law in

respect or in consequence of any accident or injury to any

workman or other person in the employment of the contractor or

any sub contractor save and except an accident or injury

resulting from any act or the default of the ONGC, his agents or

servants and the contractor shall indemnify and keep

indemnified the ONGC against all such damages and

compensation (save except as aforesaid) and against all claims,

demands, proceedings, costs, charges, and expenses what so

ever in respect or in relation thereto.

h. Transit insurance: In respect of all items to be transported by the

contractor to the site of work, the cost of transit insurance should

be borne by the contractor and the quoted price shall be

inclusive of this cost.

(34) INNDEMNITY AGREEMENTS

a. INDEMNITY BY CONTRACTOR:

Unless otherwise specified elsewhere in this CONTRACT,

CONTRACTOR shall indemnify and keep indemnified

CORPORATION, its CONTRACTORs (other than the CONTRACTOR)

and/or sub-CONTRACTORs and its/their employees from all

actions, proceedings, suits, claims, demands, liabilities, damages,

losses, costs, charges, expenses(including without limitation,

wreck or debris, removal costs, where wreck or debris removal is

ordered by a competent authority) judgements and fines arising

out of or in the course of or caused by the execution of work

under the CONTRACT or other obligations hereunder directly or

indirectly associated herewith and or arising from :

i) Personal injury, illness or death of:

• any of CONTRACTOR’s or sub CONTRACTOR’s

personnel (even if caused by or contributed to by

the negligence or fault of CORPORATION); and


29

• any other person to the extent the injury, illness or

death is caused by the negligence or fault of the

CONTRACTOR or CONTRACTOR’s personnel or sub

CONTRACTORs or sub CONTRACTOR’s personnel

and

ii) Loss or damage to:

Any property owned, hired or supplied by Contractor or

Contractor’s personnel or subcontractors or

subcontractor’s personnel including Constructional

Plant (even if caused by, or contributed to by, the

negligence or fault of CORPORATION); or

any other property to the extent the loss or damage is

caused by the negligence or fault of the Contractor or

Contractor’s personnel or subcontractors or

subcontractor’s personnel.

(35) INDEMNITY BY CORPORATION:

a. Unless otherwise specified elsewhere in this CONTRACT,

CORPORATION shall indemnify and keep indemnified

CONTRACTOR (which expression in this clause includes, unless

the context otherwise requires. Sub-CONTRACTORs of any tier

and their employees) from all actions, proceedings, suits, claims,

demands, liabilities, damages, losses, costs, charges, expenses

and fines arising from:

i) Personal injury, illness or death of Any employee of the

CORPORATION (even if caused by or contributed to by

the negligence or fault of Contractor);

ii) any other person to the extent that the injury, illness

or death is caused by the negligence or fault of

CORPORATION; and

b. Any loss or damage to:

i) Any property owned, hired or supplied by CORPORATION

(even if caused by or contributed to by the negligence or

fault of Contractor); except to the extent that such

property is in the care or custody of Contractor in

connection with the work under the Contract.

ii) any loss or damage to any other property to the

extent the loss or damage is caused by the negligence or

fault of CORPORATION

(36) PRICE SCHEDULE AND PAYMENT TERMS & CONDITIONS

a. The bidder should quote the rate in specified format only as given under Schedule of Prices at Annexure in this tender.


30

b. The rates quoted shall be inclusive of all Taxes, Duties, Levies, Fees

etc. ONGC shall not pay anything extra over and above the quoted rates.

c. Rates quoted shall be firm during the entire duration of the contract

including extension period, if any.

d. No advance payment and mobilization/demobilization charges at any stage and at any time will be made to the contractor.

e. In case of any damage to ONGC’s property during the work by

contractor or his employees, deduction will be made from the total claims according to the evaluated cost of damaged article. Evaluation of damage will be at the sole discretion of ONGC and the decision of ONGC shall be binding on the contractor.

f. The contractor shall submit invoices along with four copies, with all

required supporting documents and details of the said work to the Engineer-in-charge for certification of said invoice, for approval of the amount payable and payment thereafter.

g. Such certification of the work completed shall be done by Engineer-in-

charge within 15 days of receipt of contractor’s application for certification with all required supporting documents. Within 15 working days of the receipt of invoice , the undisputed amount of each invoice so approved/ certified, will be released for payment and remittance to the contractor.

h. In the event of any dispute in a portion or whole of any invoice, ONGC

shall make payment of undisputed portion. In the event of ONGC objecting to any portion of work covered by said invoice, such objection shall be communicated to the contractor within 10 (Ten) working days from the date of receipt of certified invoice by ONGC. The contractor shall have the right to claim the payment of such amounts objected by ONGC in subsequent invoice after removal of cause of such objection.

i. Payment Terms : Interim Payment as secured advance for an

amount not exceeding 75% of the value ( material element cost in the tendered rate) of the material received at ONGC site in good condition can be released to the contractor, only once, as secured advance against submission of indemnity bond for the relevant amount and insurance. Payment of such advance shall be made only when :


31

a. The quantities of materials up to which advances are made have actually been brought to site.

b. Full quantities of the materials, for which advance is to be made, are required by the contractor for use on items of work for which rates for finished work have been agreed upon.

c. The quality of material is as per desired specifications.

The remaining amount shall be paid to the contractor after successful completion of erection, testing and commissioning in all respect.

j. All the payments by ONGC shall be remitted to the Contractor’s bank

account to be specified by the contractor in writing to ONGC before submission of the first invoice.

k. In the event of ONGC noticing at any time that any amount has been

disbursed wrongly to the Contractor or any other amount is due from the Contractor to ONGC, ONGC without prejudice to its rights recover such amounts by other means after notifying the contractor or deduct such amount from any payment falling due to the contractor. Details of such recovery, if any, will be intimated to the Contractor. The contractor shall receive payment of undisputed amount under subsequent invoice for any amount that has been omitted in previous invoice by mistake on the part of ONGC or the contractor.

l. Deduction of taxes/ duties shall be made as per applicable laws.

(37) NON LIABILITY OF THE GOVT. OF INDIA

It is expressly understood and agreed by and between the contractor and ONGC that ONGC is entering into his contract solely on its own behalf and not on behalf of any other person of entity. In particular, it is expressly understood and agreed that the Government of India is not a party to this contract and has no liabilities/obligations or rights hereunder. It is expressly understood and agreed that ONGC is an independent legal entity with power and authority to enter into contracts solely on its own behalf under the applicable laws of India and general principals of contract law, the contractor expressly agrees, acknowledges and understand that ONGC is not and agent/representative or delegate of the Government of India. It is further understood and agreed that Government of India is not and shall not be liable for any acts commissions, breaches or other wrongs arising out of the contract. Accordingly contractor hereby expressly waives, releases and for goes any and or actions or claims including cross claims, Impleader claims or counter claims against the Government of India as to


32

any manner, claims cause of action or thing whatsoever arising out of or under this contract.

(38) SET OFF CLAUSE

Any sum of money due and payable to the contractor (including the

security deposit returnable to him under this contract)may be

appropriated by ONGC or government or any other person contracting

through the ONGC or government for payment of a sum of money

arising out of any claim against this contract.

(39) PURCHASE PREFERENCE TO CENTRAL PSUS

ONGC reserves the right to allow to the Central PSUs, Purchase Preference

facilities as admissible under the existing policy, the parameters of which

are defined in Office Memorandum No. DPE/13(1)/2002-Fin dated

14/6/2002 (as amended from time to time) issued by DPE, under the

Ministry of Heavy Industries and Public Enterprises.

(40) SPECIFIC TERMS OF THE CONTRACT

a. This contract shall be deemed to have come into force with effect form 1st day of the date of LOI.

b. Duration of the contract. The duration of the contract shall be 03 months which shall be reckoned from the 15th day of issue of work-order.

c. ONGC will give access to work site to the contractor any time after the

issue of LOI. The contractor may plan his activities accordingly.

d. The contractor will provide cotton/woolen uniform and necessary personnel protective equipment as per the safety practice of the relevant area i.e. different kits and liveries like overalls, Helmets, safety, Shoes, Raincoats, hand gloves etc. to his workmen/employees. Consumables such as cotton waste etc. shall also be provided by contractor.

e. ONGC will provide free utilities at available points for justified work.

Utilities shall mean water, air, steam and electricity.

f. The contractor has to follow the instructions of Engineer-in-charge strictly and co-operate & co-ordinate with engineer-in-charge


33

for execution of work in case of emergencies, instruction of Engineer-in-charge/his representative are to be complied with.

g. All safety/fire rules of ONGC, Ahmedabad Asset are to be strictly

followed by the employees/worker of the contractor. If any of the worker/employees of the contractor is found violating any of the rules he will be removed immediately form the work-site and strict action shall be taken against the contractor.

h. All the photo gate passes issued to the contractor’s workers/ site

supervisors have to be surrendered essentially after completion of the work.

i. Whenever any photo gate pass is lost, the contractor or the

contractor’s employees concerned should lodge a police complaint immediately stating actual facts in the complaint.

j. If the contractor withdraws any of their employees deployed at the site of ONGC during execution of the job, it is advised to surrender the photo gate pass immediately to In-charge Security Pass Section, ONGC Ahmedabad and submit the proof of cancellation of the said gate pass to the Engineer-in-charge. Any outstanding photo gate pass against the contractor will lead to non-clearance of their final bill after completion of work.


34

ANNEXURE-3

ESSENTIAL QUALIFICATION REQUIREMENT (EQR) The Essential Qualification Requirements are as follows:

a) The Bidders must have experience of having successfully completed similar works of “Energy Auditing ” during last 7 years, ending last day of month previous to the one in which applications are invited, should be either of the following :

One similar completed work costing not less than the amounts equal to 80% of the Estimated Cost, i.e., of Rs 1, 10,400/-

OR

Two similar completed works each costing not less than the amount equal to 50% of the Estimated Cost, i.e., of Rs 69,000/- each

OR

Three similar completed works each costing not less than the amount equal to 40% of the estimated cost, i.e., of Rs 55,200/- each Note: Bidder shall submit copies of documentary evidence in support of their experience like work orders/ LOI along with detailed scope of work & completion certificate of works successfully completed.

b) Average annual financial turnover as per Audited Annual Reports for the last two accounting years, should be at least 30% of the estimated cost (in case


35

of contract period less than one year) and 30 % of annualized value of the estimated cost. The bidder shall submit notarized copy of audited annual reports.

c) Bidder must be an accredited energy auditor approved by Government of

Gujarat and should submit the necessary approval/ authorization/ certificate. d) The bidder must submit copy of service Tax Registration Certificate.

e) The bidder must submit copy of EPF code no. In the form of certificate/ EPF

Challan issued by EPF authority.

Note: All the documents submitted in support of EQR should be duly notarized / attested by notary.


36

ANNEXURE-4

SCOPE OF WORK

1. General

1.1. This Energy Audit is a statutory Audit and it is to be carried out in following 06 installations of ONGC Ahmedabad Asset.

Sl No Area Name of Installation Contract Demand (KVA)

1 Area - I CTF Kalol 3800 KVA

2 Area -II GGS 2 Nawagam 250 KVA

3 Area- II GGS Nandej 275 KVA

4 Area -III GGS 1 Jhalora 750 KVA

5 Area- III GGS Viraj 550 KVA

6 Area- III GCP Sanand 1000 KVA

1.2. The broad objective of Energy Audit is to identify the technical feasibility to energy saving opportunities which are economically viable and practically feasible to implement in the system.

1.3. The installations where Energy Audit is to be carried out are located at a distance of approx 40 KM radius around Ahmedabad.

1.4. The work shall be carried out in accordance with the prevailing guidelines given by central / state Govt. Authorities.

2. Broad scope of work

2.1. To update the single line diagram and equipment list with details. (Tentative list of equipments given below ).

2.2. Performance evaluation of electrical distribution networks, major utilities and process equipment as follows :

a) System, THD & power factor

Measurements all major electrical parameters viz voltage, current, KW, frequency etc. Check loads susceptible to generation of harmonics. Check system unbalance with respect to voltage and current. Measurements of harmonic distortion & displacement and power factor at various points viz PCC, MCC load centre etc and analysis of the same for optimizing the network losses

b) Transformer Performance evaluation through simultaneous measurements of major electrical parameters on HT & LT side (24Hrs load profile study), load curves and load factors, possibility of staggering/ diversification of loads and rationalization of Transformers if needed

c) Motors Performance evaluation of major motors through measurements of major parameters to ascertain actual load


37

and efficiency, possibility of rationalization and optimization of size/rating.

d) Pumps and blowers Measurement of Head/pressure, flow etc of pumps and blowers. Determine pump/blower efficiencies based on measured parameters & critical study of piping /ducting, valve/damper pressure losses, system layout etc.

e) Compressor Determination of compressor capacities, specific power consumption (KWH/CFM), leakage detection and quantification, pressure losses in auxiliary equipments/ piping, identify areas of wasteful use.

f) Refrigeration & air conditioning systems and Cooling tower

Determination of refrigeration system cooling capacity through measured operational parameters viz flow inlet/ outlet temperatures of cooling media, specific power consumption (KW/TR) review temperature maintained. Critical examination of coils, filters, AHUs ducts etc. Evaluation of cooling performance by measurement of cooling water flow, inlet/outlet temperatures and ambient air DBT/WBT air flow, power consumed etc. Co-relation of cooling tower performance with due consideration of cooling water system as a whole

g) Heaters & Furnaces Determination of specific power consumption (KWH/TON) based on measurements work out heat balance to identify major factors contributing to energy loss. Explore possibility of alternate mode of heating.

h) Capacitor banks Review the performance of the PF correction capacitor banks, measure parameters and health, and rationalization of capacitors.

i) D.G. Sets Review of performance including major auxiliaries and suggestions for optimization

j) Metering and monitoring status

Review of existing meters for adequate monitoring Requirement

k) Illumination Enumerate the luminaries installed in various parts of the Installation, measurement of lux level, lighting load and major electrical parameters viz Voltage, Amp.,p.f, KW etc study of type of lamps and chokes used, optimizing illumination by energy efficient luminaries, possibility of enhancing natural light etc.

2.3. Analysis of Electricity consumption and bills(UGVCL Billing Data shall be provided by ONGC): a) Calculation of load factor as per as per Energy Audit rules & regulations

Govt. of Gujarat and recommend methods to reduce Maximum Demand wherever possible.

b) Comments on Average power factor and method to improve power factor. c) Explore possibility of better use of time of use tariff. Recommendations on

availing any other benefits available under prevailing UGVCL tariff. d) Calculate Specific Energy Consumption (KWH/TON of materials produced,

KWH/M2 etc.) and comments on the same. (required production data shall be provided)


38

2.4. Enumerate details of measures to be taken to improve Energy Efficiency and reduce losses for all above areas. Estimate energy and monitoring savings, investment requirement and simple pay back periods. The measures shall be categorized in to operational changes, minor modification and retrofits (negligible& moderate investment) and use of more efficient equipment/ process (major investment). The investment proposals should be backed up with quotations received from vendors.

2.5. Recommend possible substitution of electricity use by any other Techno- commercial viable form of energy.

2.6. Submit draft report on Energy Audit and energy conservation study with all the details and findings and get approval from the Company. Submit three sets of comprehensive Final Report in hard copies and in CD ROM. The report shall provide existing Energy profile of the unit with percentage share of major equipment/processes utilities etc, so that it becomes a basic document for future monitoring.

3. Others

3.1. All measuring and testing instruments and meters etc. required for undertaking the energy audit will be under the scope of Contractor.

3.2. The contractor shall furnish the details of manpower employed in conducting Energy Audit.

3.3. Energy audit report should include a work schedule sheet duly signed by energy auditor and concerned consumer.

3.4. The Contractor shall arrange and bear the expenditure on boarding, lodging and transportation of Contractor’s personnel, machines, tools, tackles etc in connection with the Work.

3.5. Attempts should also be made to carry out the measurements of various parameters to the extent practically possible. In the event of inability of measurement due to some constraints reasonable estimation can be made. Reasons for estimation shall have to be justified.

3.6. The Contractor must submit an Acceptance Certificate duly approved by Chief Electrical Inspector, Gandhinagar (Gujarat) along with necessary supporting documents.

3.7. The quoted rates shall be inclusive of all taxes and duties (other wise tender will be cancelled ) works contract tax, if any, service tax against all materials and also man power,tools , irrespective of any numbers utilized in the work.


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Annexure – 5

(FOR ENERGY AUDIT)

TENTATIVE LIST OF MAJOR EQUIPMENTS

KW KVA KW KVA

1

GGS Viraj (Contract

Demand 550 KVA) 5

Kalol CTF ( Contract

Demand 3800 KVA)

Transformer 11KV/415V 1000

Transformers- 66KV/11KV- main switchyard

5000/ 6500 x

2

Standby DG Set 125

Transformers- 11KV/433V- VFC S/S

2500 x

3 ASP Injection Pump Motor P-002A

75 Transformers- 11 KV/ 433 V-FWP S/S

1500 x

2 ASP Injection Pump Motor P-002B

75 Transformer-11 KV/3.3 KV- New GCP

2500 x

2 ASP Injection Pump Motor P-002D

75 Transformer-11KV/433V- New GCP

500 x 2

Submersible Pump Motor

Transformer-11 KV/3.3 KV- Old GCP

2500 x

2

Filter Feed Pump Motor P-001A 15

Transformer-3.3KV/433V- Old GCP

500 x 2

Oil Dispatch Pump No1 Motor 30

Transformer- 11KV/433 V- Electrical Control Room no 1

300 x 2


Lighting Transformer – 66 KV S/S

15


Lighting Transformer – 11 KV FWP

15

Effluent Disposal Pump no 5 110

Lighting Transformer- ECR No 1

30 x 2

Capacitor Panel ( 260 KVAR )


50

Lighting Transformer- ASP Plant 50


15 x 1

Lighting Transformer- GGS PLant

40 Lighting Transformer- New GCP

30

Lighting Load 48

Lighting Transformer- Old GCP

30

2

GGS 1 Jhalora ( Contract Demand- 750 KVA )

Standby DG Set

125


Capacitor Panel FWP S/S- 75 KVAR

Standby DG Set no 1 380

Electrical Control Room- 185 KVAR

Standby DG Set no 2 437.5

Capacitor Panel New GCP APFC 1- 80 KVAR

APFC for PMCC- ETP – 205 KVAR

Capacitor Panel New GCP APFC 2- 85 KVAR

Capacitor for BPCL Pump- 25 KVAR x 3

Capacitor Panel Old GCP APFC 1-70 KVAR

APFC for Old MCC- I/C for GGS

Capacitor Panel Old


40

1- 50 KVAR GCP APFC 2-30 KVAR Fixed Capacitors in oil pumps- 20 KVAR, 25 KVAR

Oil dispatch pump motor 415 V

400

Fixed Capacitors in 415 V Main I/C- 25 KVAR x 2


400

Oil Pump motor Kirloskar 45


400


Oil Transfer Pump motor

15



15

BPCL Pump Motor 200


15

BPCL Pump Motor 110


11

GGS 1 Jhalora continued……

Kalol CTF continued……

KW KVA KW KVA

BPCL Pump Motor 200


11

BPCL Pump Motor 125

Submersible Pump motor

30

BPCL Pump Motor 211 Air Compressor Motor 7.5 Lighting Load 62 Air Compressor Motor 5.5 Lighting Transformer at GGS 40 Air Compressor Motor 3.7

Lighting Transformer at ETP 40 Effluent Pump motor 22 Effluent Pump motor 22

3 GGS Nandej ( Contract

Demand- 275 KVA)

Gas Compressor Motor 3.3 KV – New GCP

300


Gas Compressor Motor 3.3 KV- New GCP

300

Standby DG Set no 1 125

Gas Compressor Motor 3.3 KV- New GCP

300

APFC Panel- 60 KVAR

Gas Compressor Motor 3.3 KV- Old GCP

300

Fixed capacitors on COP no 1 to 4; 10 KVAR each


300

Fixed capacitors on WIP 1 & 50 KVAR each


300

Water injection pump motor 200


300

Water injection pump motor 200


300

Unloading Pump Motor 30


300


Cooling Water Pump Motor- New GCP

30


Cooling Water Pump Motor- Old GCP

45



45

Crude Oil Pump motor

30 Cooling Water Pump Motor- Old GCP

37


30


37


41


30 Cooling Tower Fan Motor

5.5


30 Cooling Tower Fan Motor

5.5

Submersible Pump motor 40 RO Feed Pump 18.5

Lighting Load 25

Inst. Air Compressor Motor

18.5

New Raw Water Pump Motor

15

4

GGS 2 Nawagam ( Contract

Demand- 250 KVA)

RO Feed Pump Motor 18.5

Transformer 11KV/433V 630 ID Fan Motor 5.5 Standby DG Set no 1 62.5

Lighting Load in KW 134 APFC Panel- 60 KVAR

Fixed capacitors on WIP Motors- 25 KVAR each

6

GCP Sanand ( Contract Demand-

1000 KVA)

Fixed capacitors - oil transfer pumps- 10 KVAR each

Transformer-11 KV/3.3 KV

2500 x

2

BPCL WIP motor 127

Transformer-3.3KV/433V

500 x 2

BPCL WIP motor 110

APFC Panel I - 40 KVAR

33 RSL Pump motor 30

APFC Panel II - 40 KVAR

GGS 2 Nawagam continued………

GCP Sanand continued……

KW KVA KW KVA

Voltas Oil dispatch Pump Motor 30

3.3 KV Capacitor Bank- 2 x 100 KVAR; 1 x 65 KVAR

Voltas Oil dispatch Pump Motor 37

Gas Compressor Motor 3.3 KV

300

Submersible Pump motor 30


300

Submersible Pump motor 11


300

Water transfer pump motor

18.5 Gas Compressor Motor 3.3 KV

300

Water transfer pump motor 18.5 RO Pump motor 30 Lighting Load 15 Lub.oil pump motor 2.2

Lighting Transformer

40

Inst. Air compressor motor

11

Inst. Air compressor motor

11

CT Fan motor 5.5 CT Fan motor 5.5

Cooling water pump motor

22


22


22


22


42

Raw water feed pump motor

5.5

Note: All the plants mentioned above have other loads also in addition to those listed above. These are lighting loads, battery banks & battery chargers , UPS system, cranes etc. Wherever necessary these equipments also will be taken for energy audit.


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ANNEXURE-6

SCHEDULE OF PRICES

Item no

Item Description Rate ( in Rs.)

Amount ( in Rs )

1 Energy Audit at CTF KALOL as per the requirements stipulated in Gujarat Use of Electrical Energy (Regulation) Order, 1999 and as per the scope of work & terms and conditions of tender.

2 Energy Audit at GGS NANDEJ as per the requirements stipulated in Gujarat Use of Electrical Energy (Regulation) Order, 1999 and as per the scope of work & terms and conditions of tender.

3 Energy Audit at GGS VIRAJ as per the requirements stipulated in Gujarat Use of Electrical Energy (Regulation) Order, 1999 and as per the scope of work & terms and conditions of tender.

4 Energy Audit at GGS II NAWAGAM as per the requirements stipulated in Gujarat Use of Electrical Energy (Regulation) Order, 1999 and as per the scope of work & terms and conditions of tender.

5 Energy Audit at GCP SANAND as per the requirements stipulated in Gujarat Use of Electrical Energy (Regulation) Order, 1999 and as per the scope of work & terms and conditions of tender.

6 Energy Audit at GGS 1 JHALORA as per the requirements stipulated in Gujarat Use of Electrical Energy (Regulation) Order, 1999 and as per the scope of work & terms and conditions of tender.

TOTAL

(Rupees…………………………………………………………………………….Only )


44

Signature of bidder with Seal

ANNEXURE – 7

Profoma agreement CONTRACT NO. --------------------------------------------------------------- FOR THE JOB OF ------------------------------------------------------------------- This CONTRACT is made and entered into on this …..day of …Two thousand and ten. by and between OIL & NATURAL GAS CORPORATION LIMITED, a CORPORATION registered under the Companies Act 1956, having its registered office at Jeevan Bharati, Tower-II, 124, Indira Chowk, New Delhi- 110 001, India and one of its work centre at ONGC, Ahmedabad Asset, Ahmedabad-380005 (hereinafter referred to as “CORPORATION” which expression shall include its successors, administrators, executors and assignees) on the one part and M/s ……………., a company registered under the companies Act with its Registered office at ……… referred to as the “CONTRACTOR” (which expression shall include its successors, administrators, executors and permitted assignees) on the other part. WHEREAS the Company is desirous of carrying out the job of “-----------------------------------------------------------------------------------------------------------------“ as per specifications and scope of work as set forth attached (i.e. Scope of work & Technical details) for carrying out CORPORATION’s operations conforming to specifications as set forth in the Scope of Work at Annexure-II of this agreement. WHEREAS the Company had invited Tender vide their Tender No. ------------------------------------------------------------ dated --------------------------------------------- for the above cited work. And Whereas the CONTRACTOR represents that it has the necessary experience for carrying out CORPORATION's work as referred to herein and has submitted a bid for providing the required services against CORPORATION’s Tender No………. dated ------ all in accordance with the terms and conditions set forth herein and any other reasonable requirements of the CORPORATION from time to time. And Whereas CORPORATION's has accepted the bid of the CONTRACTOR and has placed Fax order/ Letter of Intent/ Notification Of Award vide its letter No. …….. dated…. on the CONTRACTOR. Now it is hereby agreed to by and between the parties as under: NOW THIS AGREEMENT WITNESS AS FOLLOWS: a. The following documents annexed herewith shall be taken as mutually

explanatory of one another and shall be deemed to form and be read and construed as integral parts of this contract and in case of any discrepancy, conflict, dispute, they shall be referred to in the order of priority as cited below:-


45

1. Agreement.

2. Annexure- General Condition of the contract

3. Annexure- Detailed Scope of Work and other details.

4. Annexure- Schedule of Rate.

5. NOA Letter of Intent dated -------------------

c. The contract constituted the entire Agreement between the Company and the Contractor, with respect to the subject matter of the Contract and supersedes all communication and Agreement (whether written or oral) of the parties with respect thereto made prior to the date of Agreement.

d. The Contractor hereby covenants with Company to perform the work in conformity in all respect with provisions of the Contract and in consideration of the carrying out and completion of the works by the Contractor, the Company hereby covenants to pay the amounts at the times and in the manner described hereinafter.

IN WITNESS WHEREOF the parties hereto have hereunto set their respective hands at MUMBAI on the day and year first above written. For and on behalf of Contractor) (For and on behalf of (CONTRACTOR) Oil and Natural Gas Corporation Ltd)

(COMPANY) WITNESS:- 1. ___________________________ 1) -------------------------------- 2. ________________________ 2) -----------------------------


46

Annexure- 8

Proforma of Bank Guarantee towards Bid Security/ BID BOND

Ref. No.................... Bank Guarantee No……….......... Dated ..……………….................. To, GM (F&A) Oil and Natural Gas Corporation Ltd., Avani Bhavan, Ahmedabad Asset, Ahmedabad-380005 Dear Sirs, 1. Whereas Oil and Natural Gas Corporation Ltd. incorporated under the

Companies Act, 1956, having its registered office at Jeevan Bharti, Tower-II, 124 Indira Chowk, New Delhi - 110001 - India and one of its work centre at Ahmedabad Asset, having its office at Avani Bhavan, Chandkheda and Sabarmati Complex, Ahmedabad-380005, Gujarat (hereinafter called `ONGC' which expression shall unless repugnant to the context or meaning thereof include all its successors, administrators, executors and assignees) has floated a Tender No. ________ and M/s ____________________________ having Head/ Registered office at _______________________________ (hereinafter called the 'Bidder' which expression shall unless repugnant to the context or meaning thereof mean and include all its successors, administrators, executors and permitted assignees)have submitted a bid Reference No........................ and Bidder having agreed to furnish as a condition precedent for participation in the said tender an unconditional and irrevocable Bank Guarantee of Indian Rupees (in figures)___________________ (Indian Rupees / (in words)_________________ only) for the due performance of Bidder's obligations as contained in the terms of the Notice Inviting Tender (NIT) and other terms and conditions contained in the Bidding documents supplied by ONGC which amount is liable to be forfeited on the happening of any contingencies mentioned in said documents.

2. We (name of the bank)_________________ registered under the laws

of_____________ having head/ registered office at _________ (hereinafter referred to as "the Bank" which expression shall, unless repugnant to the


47

context or meaning thereof, include all its successors, administrators, executors and permitted assignees) guarantee and undertake to pay immediately on first demand by ONGC, the amount of Indian Rs. (in figures) __________________ (Indian Rupees (in words) _______________ only) in aggregate at any time without any demur and recourse, and without ONGC having to substantiate the demand. Any such demand made by ONGC shall be conclusive and binding on the Bank irrespective of any dispute or difference raised by the Bidder.

3. The Bank confirms that this guarantee has been issued with observance of appropriate laws of the country of issue.

4. The Bank also agrees that this guarantee shall be irrevocable and governed and construed in accordance with Indian Laws and subject to exclusive jurisdiction of Indian Courts of the place from where tenders have been invited (i.e. Ahmedabad).

5. This guarantee shall be irrevocable and shall remain in force upto ________________ which includes thirty days after the period of bid validity and any demand in respect thereof should reach the Bank not later than the aforesaid date.

6. Notwithstanding anything contained hereinabove, our liability under this Guarantee is limited to Indian Rs (in figures) _________________ (Indian Rupees (in words) ________________ only) and our guarantee shall remain in force until (indicate the date of expiry of bank guarantee) _________. Any claim under this Guarantee must be received by us before the expiry of this Bank Guarantee. If no such claim has been received by us by the said date, the rights of ONGC under this Guarantee will cease. However, if such a claim has been received by us by the said date, all the rights of ONGC under this Guarantee shall be valid and shall not cease until we have satisfied that claim. In witness whereof, the Bank, through its authorised officer, has set its hand and stamp on this ........ day of ........... at ..................... WITNESS NO. 1 --------------------- -------------------------- (Signature) (Signature) Full name and official Full name, designation and address (in legible letters) official address (in legible letters) with Bank stamp.

Attorney as per Power of Attorney No........….……..

Dated …………………….

WITNESS NO. 2 ______________________


48

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

Note: 1. This Bank Guarantee/ all further communications relating to the Bank Guarantee

should be forwarded to the Dy. General Manager(Elect), ST-Electrical , Ist Floor, Avani Bhawan, ONGC, Ahmedabad-380005 only.

2. Bank guarantee, duly executed as per the above format, is to be enclosed with the offer.

3. The full address along with the Telex/Fax No. of the issuing Bank to be mentioned

INSTRUCTIONS FOR FURNISHING BANK GUARANTEE TOWARDS BID SECURITY:-

1. The Bank Guarantee by Indian Bidders will be given on non- judicial stamp paper as

per stamp duty applicable at the place where the tender has emanated. The non-judicial stamp paper should be in name of the issuing Bank.

2. The expiry date as mentioned in clause 5 & 6 should be arrived at by adding 30

days to the date of expiry of the bid validity unless otherwise specified in the bidding documents.

3. The Bank Guarantee by Indian bidders will be given from Nationalised / Scheduled

Banks or State Bank of India and its wholly owned subsidiaries only.


49

ANNEXURE – 9

Proforma of Bank Guarantee towards Performance Security PERFORMANCE GUARANTEE

Ref. No. __________________________ __________________________ Bank Guarantee No ___________________ Dated: To, The GM(F&A), Oil and Natural Gas Corporation Ltd. Avani Bhavan, Ahmedabad Asset, Ahmedabad-380005 (GUJARAT) India. Dear Sirs, 1. In consideration of Oil & Natural Gas CORPORATION Limited, incorporated

under the Companies Act, 1956, having its Registered Office at Jeevan Bharti, Tower-II, 124 Indira Chowk, New Delhi-110001, India and one of its offices at Ahmedabad Asset, Avani Bhavan, Chandkheda, Ahmedabad-380005 (hereinafter referred to as `ONGC', which expression shall, unless repugnant to the context or meaning thereof, include all its successors, administrators, executors and assignees) having entered into a CONTRACT No. & Subject __________________ Dated _______________(hereinafter called ‘the CONTRACT’ which expression shall include all the amendments thereto) with M/s __________________________ having its registered/head office at ______________________(hereinafter referred to as the 'CONTRACTOR') which expression shall, unless repugnant to the context or meaning thereof include all its successors, administrators, executors and assignees) and ONGC having agreed that the CONTRACTOR shall furnish to ONGC a performance guarantee for Indian Rupees .............. for the faithful performance of the entire CONTRACT.

2. We (name of the bank) ______________________________ registered under

the laws of _______ having head/registered office at __________________________ (hereinafter referred to as "the Bank", which expression shall, unless repugnant to the context or meaning thereof, include all its successors, administrators, executors and permitted assignees) do hereby guarantee and undertake to pay immediately on first demand in writing any /all moneys to the extent of Indian Rs. (in figures) __________ (Indian Rupees (in words) __________________ ___________) without any demur, reservation, contest or protest and/or without any reference to the CONTRACTOR. Any such demand made by ONGC on the Bank by serving a


50

written notice shall be conclusive and binding, without any proof, on the bank as regards the amount due and payable, notwithstanding any dispute(s) pending before any Court, Tribunal, Arbitrator or any other authority and/or any other matter or thing whatsoever, as liability under these presents being absolute and unequivocal. We agree that the guarantee herein contained shall be irrevocable and shall continue to be enforceable until it is discharged by ONGC in writing. This guarantee shall not be determined, discharged or affected by the liquidation, winding up, dissolution or insolvency of the CONTRACTOR and shall remain valid, binding and operative against the bank.

3. The Bank also agrees that ONGC at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor, in the first instance, without proceeding against the CONTRACTOR and notwithstanding any security or other guarantee that ONGC may have in relation to the Contractor’s liabilities.

4. The Bank further agrees that ONGC shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said CONTRACT or to extend time of performance by the said CONTRACTOR(s) from time to time or to postpone for any time or from time to time exercise of any of the powers vested in ONGC against the said CONTRACTOR(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said CONTRACTOR(s) or for any forbearance, act or omission on the part of ONGC or any indulgence by ONGC to the said CONTRACTOR(s) or any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

5. The Bank further agrees that the Guarantee herein contained shall remain in full force during the period that is taken for the performance of the CONTRACT and all dues of ONGC under or by virtue of this CONTRACT have been fully paid and its claim satisfied or discharged or till ONGC discharges this guarantee in writing, whichever is earlier.

6. This Guarantee shall not be discharged by any change in our constitution, in the constitution of ONGC or that of the CONTRACTOR.

7. The Bank confirms that this guarantee has been issued with observance of appropriate laws of the country of issue.

8. The Bank also agrees that this guarantee shall be governed and construed in accordance with Indian Laws and subject to the exclusive jurisdiction of Indian Courts of the place from where the purchase CONTRACT has been placed.

9. Notwithstanding anything contained herein above, our liability under this Guarantee is limited to Indian Rs. (in figures) ______________ (Indian Rupees (in words) ____________________) and our guarantee shall remain in force until ______________________. (indicate the date of expiry of bank guarantee) excluding the claim period of sixty (60) days.

In witness whereof, the Bank through its authorised officer has set its hand and stamp on this ........ day of ........2010__ at ..................... WITNESS NO. 1


51

-------------------------- ------------------------- (Signature) (Signature) Full name and official Full name, designation and address (in legible letters) address (in legible letters) with Bank stamp Attorney as per power of Attorney No............. Dated .................... WITNESS NO. 2 -------------------------- (Signature) Full name and official address (in legible letters) INSTRUCTIONS FOR FURNISHING PERFORMANCE GUARANTEE 1. The Bank Guarantee by Indian Bidders will be given on non-judicial stamp

paper as per stamp duty applicable at the place from where the purchase CONTRACT has been placed. The non-judicial stamp paper should be in name of the issuing bank.

2. The expiry date as mentioned in Clause No. 9 should be arrived at by adding 60 days to the CONTRACT completion date unless otherwise specified in the bidding documents.

3. The Bank Guarantee by Indian bidders will be given from Nationalised / Scheduled Banks or State Bank of India and its wholly owned subsidiaries only.


52

ANNEXURE-10

PROFORMA FOR CERTIFICATE TO BE SUBMITTED PURSUANT TO SECTION 297 OF COMPANIES ACT, 1956 This has reference to our proposed contract for Rs. Regarding “_____________________________________________” to be entered in to with Oil And Natural Gas Corporation Limited (ONGC). For the purpose of section 297/299 of the companies act, 1956, 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 is a

director or member. iv) We are not a private company in which a director of ONGC is a

director or member. v) We are not a company in which directors of ONGC hold more than

2% of paid up share capital of our company or vice versa. Date: Authorized signatory of contracting party Place:

Note: (Relative means as mentioned in Section-6 of Indian Companies Act – 1956.)

tender doc energy audit 10319233018

Documents